310 CMR, § 30.252 - General Provisions Governing Waste Oil That Is Not Used Oil Fuel
(1) Except as provided in
310
CMR 30.252(2) and (3), waste
oil that is not used oil fuel shall be managed either:
(a) as hazardous waste fuel (if it is
hazardous waste fuel) in compliance with
310
CMR 30.240; or as
(2) Except as otherwise provided in
310
CMR 30.252, Remediation Waste, Remedial Waste
Water, Soil, and Sediment, as defined in
310
CMR 40.0000: Massachusetts
Contingency Plan, that contain used or unused waste oil, and that are
not otherwise a hazardous waste pursuant to
310
CMR 30.120 through
30.136, generated as the
result of a response action pursuant to
310
CMR 40.0000, as defined in
310
CMR 40.0000, shall be managed pursuant to 310
CMR 30.000 as a hazardous waste with a waste code of MA01.
(a) Such Remediation Waste, Remedial Waste
Water, Soil, and Sediment that are subject to the requirements of M.G.L. c.
21E, and
310
CMR 40.0000: Massachusetts
Contingency Plan may be managed by the generator in compliance with
the requirements of
310
CMR 40.0030: Management Proceduresfor
Remediation Waste, and the receiving facility's permit issued pursuant
to 310 CMR 30.000 or 310 CMR 19.000: Solid Waste Management
rather than as MA01 hazardous waste.
(b) Such Remediation Waste, Remedial Waste
Water, Soil, and Sediment that are subject to the requirements of M.G.L. c.
21E, and
310
CMR 40.0000: Massachusetts
Contingency Plan may be managed by the generator in compliance with
the requirements of
310
CMR 40.0030:
ManagementProceduresforRemediation Waste and transported to an
out-of-state facility permitted for the receipt of such wastes rather than as
MA01 hazardous waste.
(c) Such
Remediation Waste, Remedial Waste Water, Soil, and Sediment generated at an
out-of-state response action may be shipped to a Massachusetts receiving
facility as a non-hazardous waste provided such management is in compliance
with the facility's permit issued pursuant to 310 CMR 30.000 or 310 CMR 19.00:
Solid Waste Management, and the requirements of the state of
generation.
(d) Notwithstanding any
provision of
310
CMR 30.252, the Department may require, in
order to protect the public health, safety, and welfare, or the environment,
any Remediation Waste, Remedial Waste Water, Soil, or Sediment subject to the
provisions of
310
CMR 30.252 to be managed, stored,
transported, treated or disposed of as a hazardous waste.
(e) For any Uncontainerized Hazardous Waste,
as defined in
310
CMR 40.0000: Massachusetts
Contingency Plan, no provision of
310
CMR 30.252(2) shall limit
the ability of the Department to require compliance, pursuant to
310
CMR 40.0031(3), with all or
portions of the requirements of 310 CMR 30.000 including, but not limited to,
those of
310
CMR 30.200 or
310
CMR 30.800.
(3) Notwithstanding the provisions of
310
CMR 30.252(1), unused waste
oil that is to be used for the original purpose for which it was produced with
no other processing than separation from a nonhazardous material at the site of
generation or at a facility licensed pursuant to
310
CMR 30.800 is not a waste if it is sold or
otherwise transferred as a commercial product.
(4) The separation of waste oil from a
nonhazardous waste or nonhazardous material at the site of generation is not
treatment and does not require a license pursuant to
310
CMR 30.800. The sludge from such a process is
either a hazardous waste or wastewater or both and shall be subject to
regulation as such.
(5) Waste oil
that is subject to the provisions of
310
CMR 30.104(2)(g) shall be
deemed to be generated when it is accumulated or stored by a generator who is
subject to
310
CMR 30.060 through
30.064, including, without
limitation, a generator described in
310
CMR 30.353(8).
Notes
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