310 CMR, § 73.03 - Applicability

(1)310 CMR 73.00 is applicable to every Dental Facility, except any of the following:

(a) A Dental Facility that does not generate or discharge wastewater from amalgam-related processes;

(b) A Dental Facility that does not place amalgam and does not remove amalgam, except in limited emergency or unplanned, unanticipated circumstances; and

(c) A Dental Facility that certifies to a POTW on an annual or biennial basis pursuant to the receiving POTW's regulations, and 40 CFR 441: Dental Office Point Source Category.

(2) Each Dental Facility that is subject to 310 CMR 73.00 must comply in accordance with the following schedule:

(a) A Dental Facility certified by an owner of a Facility under the Department's voluntary Dental Amalgam/Mercury Recycling Certification program that it installed an approved amalgam separator by February 28, 2005, and maintains compliance with all other requirements of that program, is subject to 310 CMR 73.00 effective February 1, 2010.

(b) A Dental Facility certified by an owner of a Facility under the Department's voluntary Dental Amalgam/Mercury Recycling Certification program that it installed an approved amalgam separator between March 1, 2005 - January 31, 2006, and maintains compliance with all other requirements of that program, is subject to 310 CMR 73.00 effective February 1, 2007.

(c) A Dental Facility in operation as of April 24, 2006 and that did not participate in the Department's voluntary Dental Amalgam/Mercury Recycling Certification program shall comply with all requirements of 310 CMR 73.00 no later than June 23, 2006.

(d) A new or expanded Dental Facility shall install an approved amalgam separator before commencing operation and shall comply with all other requirements of 310 CMR 73.00 in accordance with 310 CMR 70.03(4).

1. A new Dental Facility is one that commences operations after April 24, 2006.

2. An expanded Dental Facility is one whose maximum amalgam wastewater flow rate exceeds the capacity of the existing certified amalgam separator due to facility expansion.

(3) Compliance with 310 CMR 73.00 does not release the owner of a Dental Facility from the need to comply with other applicable state, federal and local requirements.

(4) Certification Form. Each compliance certification required pursuant to 310 CMR 70.03 shall be on a form prescribed by the Department and shall address compliance with the standards established by 310 CMR 70.00 and 73.00. The certification form may also address compliance with other applicable standards promulgated by the Department.

Notes

310 CMR, § 73.03

Amended by Mass Register Issue 1453, eff. 10/1/2021.