Re-Entry of Waste into the Commonwealth after Shipment Out of State for Treatment

(1) The Board shall provide assurances that waste shall be permitted to re-enter the Commonwealth to be returned to its generator for storage, upon the request of out-of-state processors, with respect to all shipments of waste for treatment that satisfy the following conditions: (a) The Board has been given prior notification of the waste shipment to be returned, indicating the chemical composition, activity and volume of the waste, the shipping destination and carrier: (b) The generator is authorized to, and has agreed to accept the waste back within the terms of its license; (c) The generator has executed a contract for the treatment or processing of the waste; and (d) The waste satisfies any and all waste acceptance criteria imposed pursuant to such contract. (2) The provision of such assurances shall not constitute agreement to permit re-entry of the waste for purposes other than its return to the generator. (3) Nothing in 345 CMR 1.32 or in the provision of assurances pursuant to 345 CMR 1.32 shall constitute agreement by the Board or the Commonwealth to accept possessionofwaste or otherwise to provide for its storage or disposal. (4) Nothingin345 CMR1.32 or in the provision of assurances pursuant to 345 CMR 1.32 shall be construed as acceptance by the Commonwealth of responsibility for any losses, claims, or costs incurred in connection with, or as a result of the re-entry of the waste.