314 CMR 8.04
Additional Standards and Requirements for RCRA Facilities
(1) No person shall operate a RCRA facility, as defined in 314 CMR 8.00, except in accordance
with the applicable standards of 314 CMR 8.04 and the terms and conditions of a permit issued
under 314 CMR 3.00: Surface Water Discharge Permit Program or 5.00: Groundwater
Discharge Permit Program.
(2) Except for wastewater treatment units permitted under 314 CMR 3.00: Surface Water
Discharge Permit Program and existing RCRA facilities operating under the interim status
provisions of RCRA, no person shall construct, operate, or maintain a RCRA facility unless the
construction, operation and maintenance of said RCRA facility is specifically authorized in a
permit issued under 314 CMR 3.00: Surface Water Discharge Permit Program and
5.00: Groundwater Discharge Permit Program.
(3) No person operating an existing RCRA facility, other than a wastewater treatment unit
permitted under 314 CMR 3.00: Surface Water Discharge Permit Program, shall continue such
operation after the conclusion of a permit proceeding under 314 CMR 8.07 and 2.00: Permit
Procedures unless authorized to do so by a permit resulting from that proceeding.
(4) From October 15, 1983, until the applicable date specified in 314 CMR 8.04(6), any person
who owns or operates an existing RCRA facility other than a wastewater treatment unit
permitted under 314 CMR 3.00: Surface Water Discharge Permit Program shall comply with
the interim status standards of 314 CMR 8.08.
(5) Any person who owns or operates a RCRA facility that is a wastewater treatment unit
permitted under 314 CMR 3.00: Surface Water Discharge Permit Program shall comply with
the standards of 314 CMR 8.05.
(6) Any person who owns or operates an existing RCRA facility other than a wastewater
treatment unit permitted under 314 CMR 3.00: Surface Water Discharge Permit Program shall:
(a) comply with the application requirements of 314 CMR 8.07; and
(b)
comply with the standards of 314 CMR 8.06 beginning on the date specified in a
discharge permit issued under 314 CMR 2.00: Permit Procedures and 3.00: Surface Water
Discharge Permit Program or 5.00: Groundwater Discharge Permit Program.
(7) The requirements of 314 CMR 8.04 are in addition to any requirements established pursuant
to 314 CMR 3.00: Surface Water Discharge Permit Program or 5.00: Groundwater Discharge
Permit Program.
(8) The failure of a permittee or permit applicant to comply with the requirements of 314 CMR
8.04 constitutes grounds for revocation or denial of a wastewater discharge permit pursuant to
314 CMR 2.10: Modification, Suspension, Revocation and Renewal of Permits and General
Permit Coverage.