Introduction

1. Definitions
2. Conditionally Exempt Operations
3. Temporary Permits for Community Recycling Events
4. Application for Installation Permit - Criteria
5. Operation Plan - Equipment
6. Operation Plan - Weighing Facilities
7. Operation Plan - Fire Protection
8. Operation Plan - Access Facilities
9. Operation Plan - Unloading Procedure
10. Operation Plan - Control of Wind blown Litter
11. Operation Plan - Screening and/or Fencing
12. Operation Plan - Open Burning
13. Operation Plan - Solid Wastes, Special Wastes, Hazardous Wastes and Hazardous Materials Recycling
14. Operation Plan - Processing of Bulky Recyclables
15. Operation Plan - Dust Control Planning
16. Operation Plan - Insect and Rodent Control and Planning
17. Operation Plan - Accident Prevention Planning
18. Operation Plan - Supervision of Operation
19. Operation Plan - Operational Records and Plan Execution
20. Operation Plan - Emergency Contingency Plan
21. Operation Plan - Temporary Vehicle and Container Layovers
22. Closure

• Adverse Impact: means an injurious impact that is significant in relation to the public health, safety, or environmental interest being protected.
• Agricultural Waste: means discarded organic materials produced from the raising of plants and animals as part of agronomic, horticultural or silvicultural operations, including, but not limited to, animal manure, bedding materials, plant stalks, leaves, other vegetative matter and discarded by products from the on farm processing of fruits and vegetables.
• Applicant: means the person named in the application as the owner of a property interest in the site or the operator of the proposed facility where the owner has entered into an agreement with an operator at the time the application is filed.
• Area of Critical Environmental Concern (ACEC): means an area designated by the Secretary of the Executive Office of Environmental Affairs pursuant to 301 CMR 12.00:  Areas of Critical Environmental Concern.
• Asphalt, Brick, and Concrete Rubble: means rubble that contains only weathered (cured) asphalt, clay bricks and attached mortar normally used in construction, or concrete that may contain rebar.  The rubble shall not be coated or impregnated with any substance.
• Backyard Composting: means the composting of organic solid waste, such as grass clippings, leaves or brush generated by a homeowner or tenant of a single or multi family residential unit or an apartment complex unit, where composting occurs at that dwelling place.
• Board of Health: means the Boston Public Health Commission or its authorized agent.
• Compostable Material: means an organic material, excluding waste water treatment residuals, that has the potential to be composted, which is pre sorted and not contaminated by significant amounts of toxic substances.
• Commission: means the Boston Public Health Commission.
• Composting: means a process of accelerated biodegradation and stabilization of organic material under controlled conditions yielding a product which can safely be used.
• Construction and Demolition Waste: means the waste building materials and rubble resulting from the construction, remodeling, repair or demolition of buildings, pavements, roads or other structures.  Construction and demolition waste includes but is not limited to, concrete, bricks, lumber, masonry, road paving materials, rebar and plaster.
• Disposal: means the final dumping, landfilling or placement of waste into or on any land or water or the incineration of waste.
• Downgradient: means
1. in reference to surface water, the direction perpendicular to lines of equal elevation over a distance in which elevation continuously decreases, measured from the point or area in question; or
2. in reference to groundwater, the direction perpendicular to lines of equipotential over a distance in which total head continuously decreases, measured from the point or area in question.
• Dumpster: means container for solid wastes, recyclable materials, or junk that is customarily moved and emptied using heavy equipment.
• Emptied Container: means that, as to any type of container, regardless of the contents, the contents has been dumped out and there is no visible, odoriferous or putrescent material remaining.
• Expand a Site: means to move a facility's operation to a previously unpermitted site that is contiguous to the original site or to modify a facility's operations causing it to exceed any capacity or total volume limit stated in its current permit or operation plan.
• Facility: means a site or works, and other appurtenances thereto, which is or will be used as a waste container lot, junk yard or recycling facility, including all land, structures and improvements thereon.
• Handling Area: means an area used for dumpster storage or the transfer, storage, processing or treatment of solid waste, junk, or recyclable materials, including weigh stations or on-site access roads.
• Infectious Waste: means "Infectious Waste or Physically Dangerous Medical or Biological Waste"  as defined in 105 CMR 480.000, Department of Public Health, State Sanitary Code and includes:  blood and blood products; pathological waste; cultures and stocks of infectious agents and associated biologicals; contaminated animal carcasses, body parts and bedding; sharps; and biotechnological by product effluents.
• Interim Wellhead Protection Area (IWPA): means an area extending to a ½ mile radius from a public water supply wellhead which is intended to protect the wellhead pending the delineation of its Zone II.
• Junk: means old or scrap recyclable copper, brass, rope, rags, batteries, paper, rubber, debris, asphalt, brick, and concrete rubble, or junked, dismantled, or wrecked automobiles, or parts thereof, iron, steel, and other old or scrap ferrous or nonferrous material, or recyclable materials.
• Junkyard: means an establishment or place of business which is maintained, operated, or used for recycling, storing, keeping, buying, selling, or processing junk.
• Landfill: means a waste facility or part of a waste facility established in accordance with a valid site assignment for the disposal of solid waste into or on land.
• MADEP: means the Massachusetts Department of Environmental Protection.
• MADEP Report on Suitability: means the report issued by the MADEP pursuant to M.G.L. c. 111, § 150A, stating whether a site proposed for a solid waste management facility in an application for a site assignment is suitable.
• Operator: means any person who has care, charge or control of a facility subject to these regulations, including without limitation, an agent, lessee of the owner or an independent contractor.
• Person(s): means any individual, partnership, association, firm, company, corporation, department, agency, group, public body (including a city, town, district, county, authority, state, federal, or other governmental unit) or any other entity responsible in any way for an activity subject to these regulations.
• Post Consumer Recyclables: means the following materials which have served their intended end use and have been pre sorted:
1. containers, films and wraps and other forms of packaging made from metal, glass, plastic or paper; and
2. newspaper, office paper, cardboard and other grades of paper.
• Potential Private Water Supply: means a Class I aquifer as defined at 314 CMR 6.03:  Ground Water Quality Standards, as may be amended, capable of yielding water of sufficient quality and quantity which is located under a parcel of land that at the time of the earlier of the following two filings, the Site Assignment Application or, where applicable, the Massachusetts Environmental Policy Act Environmental Notification Form, is:
1. zoned residential or commercial;
2. not served by a public water supply; and
3. (c)   subject to a subdivision plan or a building permit application approved by the appropriate municipal authority.
• Potential Public Water Supply: means a drinking water source which, at the time of the earlier of the following two filings, the Site Assignment Application, or where applicable, the Massachusetts Environmental Policy Act Environmental Notification Form, has been determined to be capable of yielding water of sufficient quality and quantity for future development as a public water supply, and either:
1. has been designated and received MADEP approval under the "Guidelines and Policies for Public Water Systems", as amended; or
2. has had the necessary documentation submitted on its behalf for determination as a Potential Public Water Supply as defined by the MADEP's Division of Water Supply.
• Pre Sort: means to segregate a material for reuse, recycling or composting by preventing the material from being commingled with solid waste at the point of generation or to separate and recover the material from solid waste at a processing facility. Pre sorting does not require the recovery or separation of non recyclable components that are integral to a recyclable product (e.g. insulation or electronic components in white goods).
• Private Water Supply: means a well used as a source of drinking water supplying a non public water system with any volume of groundwater from any source.
• Processing: means the use of any method, technique or process to reduce the volume or alter the physical characteristics of solid waste or recyclable or compostable materials through any means, including, without limitation, separating, baling, shredding, crushing or reworking.
• Public Water Supply: means a source of drinking water supplying a public water system as defined in 310 CMR 22.00, as may be amended.
• Recyclable or Recyclable Material: means a material or junk that has the potential to be recycled and which is pre sorted and not contaminated by significant amounts of non-recyclable substances.
• Recycle: means to recover materials or by products which are:
1. reused; or
2. (b)   used as an ingredient or a feedstock in an industrial or manufacturing process to make a marketable product; or
3. (c)   used in a particular function or application as an effective substitute for a commercial product or commodity.
• "Recycle" does not mean to recover energy from the combustion of a material.
• Recycling Drop Off Center: means a location where pre sorted post consumer recyclables are deposited by the generators of the recyclables for collection and transfer to a facility for processing or directly to a market.
• Residue: means all waste remaining after treatment or processing and includes, without limitation, ash, material which is processed for recycling or composting but is unmarketable or speculatively accumulated due to its inferior quality and other solid waste which is not recovered.  Non recyclable material which is integral to a pre sorted recyclable product shall not constitute residue for the purpose of calculating residue generation rates.
• Roll-off Container: means a metal container with rails for solid wastes or recyclable materials that is customarily moved and emptied using heavy equipment such as but not limited to roll-off hoist equipped trucks.
• Site Assignment: means a determination by a board of health or, in the case of state-owned land, by the MADEP, as specified in M.G.L. c. 111, § 150A, designating an area of land for one or more solid waste uses or activities.
• Sludge: means the accumulated solids and/or semisolids deposited or removed by the processing and/or treatment of gasses, water or other fluids.
• Sole Source Aquifer: means an aquifer so designated by the U.S. Environmental Protection Agency, or by the MADEP under the authority of a state program as may be established, that supplies 50% or more of the drinking water for the aquifer service area, and the volume of water which could be supplied by alternative sources is insufficient to replace the petitioned aquifer should it become contaminated.
• Solid Waste: means useless, unwanted or discarded solid, liquid or contained gaseous material resulting from industrial, commercial, mining, agricultural, municipal or household activities that is abandoned by being disposed or incinerated or is stored, treated or transferred pending such disposal, incineration or other treatment, but does not include:
1. hazardous wastes as defined and regulated pursuant to 310 CMR 30.000;
2. sludge or septage which is land applied in compliance with 310 CMR 32.00;
3. waste water treatment facility residuals and sludge ash from either publicly or privately owned waste water treatment facilities that treat only sewage, which is treated and/or disposed at a site regulated pursuant to M.G.L. c. 83, §§ 6 & 7 and/or M.G.L. c. 21, §§ 26 through 53 and the regulations promulgated thereunder, unless the waste water treatment residuals and/or sludge ash are co disposed with solid waste;
4. (d)   septage and sewage as defined and regulated pursuant to 314 CMR 5.00, as may be amended, and regulated pursuant to either M.G.L. c. 21, §§ 26 through 53 or 310 CMR 15.00, as may be amended, provided that 310 CMR 16.00 does apply to solid waste management facilities which co dispose septage and sewage with solid waste;
5. ash produced from the combustion of coal when reused as prescribed pursuant to M.G.L. c. 111, § 150A;
6. solid or dissolved materials in irrigation return flows;
7. source, special nuclear or by product material as defined by the Atomic Energy Act of 1954, as amended;
8. those materials and by products generated from and reused within an original manufacturing process; and
9. compostable or recyclable materials when composted or recycled in an operation not required to be assigned pursuant to 310 CMR 16.05(2) through (5).
• Speculative Accumulation: means the accumulation or storage of a recyclable or compostable material when the recycling or composting of the material is not now, or cannot reasonably be expected to be, occurring.  Speculative accumulation shall be deemed to be occurring when:
1. the material cannot feasibly be recycled or composted; or
2. less than 75% by weight or volume as appropriate of the recyclable or compostable material is utilized, sold or transferred off site in a manner which does not constitute disposal or handling pending disposal within a time frame to be determined by the MADEP.
• Storage: means the temporary containment of recyclable materials in a manner which does not constitute disposal or speculative accumulation.
• Storage Facility: means a facility where recyclable materials are temporarily stored in a manner not constituting recycling.
• Transfer Station: means a handling facility where solid waste is brought, stored and transferred from one vehicle or container to another vehicle or container for transport off-site to a solid waste treatment, processing or disposal facility.
• Treatment: means the use of any method, technique or process to change the chemical, or biological character or composition of any solid or hazardous waste; to neutralize such waste; to render such waste safer to transport, store or dispose; or make such waste amenable to recovery, storage or volume reduction.
•  Upgradient: means:
1. in reference to surface water, the direction perpendicular to lines of equal elevation over a distance in which elevation continuously increases, measured from the point or area in question; or
2. in reference to groundwater, the direction perpendicular to lines of equipotential over a distance in which total head continuously increases, measured from the point or area in question.
• Waste Container Lot: means a location for the storage or repair of empty or loaded dumpsters, roll-off containers, and other solid waste, junk, or recyclable material containers, whether located on vehicles, on the ground, or within a building.
• Wood Waste: means discarded material consisting of trees, stumps and brush, including but not limited to sawdust, chips, shavings and bark. Wood waste does not include new or used lumber or wood from construction and demolition waste and does not include wood pieces or particles containing or likely to contain asbestos, or chemical preservatives such as creosote or pentachlorophenol, or paints, stains or other coatings.
• Yard Waste: means deciduous and coniferous seasonal deposition (e.g.,  leaves), grass clippings, weeds, hedge clippings, garden materials and brush.

1. Containers at the Department of Public Works.  Dumpsters, roll offs, or other temporary storage containers located at, and used exclusively for the solid waste or recyclable materials generated and collected by the Boston Department of Public Works;
2. Containers at the Location of Waste Generation.  Dumpsters, roll offs, or other temporary storage containers located at, and used exclusively for the collection of solid waste or recyclable materials generated by a residence, school, recreational area, industrial or commercial establishment, farm, construction site, demolition site or prison; and
3. Hospitals, Health Centers and Laboratory Infectious Waste Storage Areas.  Hospitals, licensed health centers, medical laboratories and biotechnology companies which accept for storage, pending off-site treatment or disposal, infectious waste generated on-site by the hospital, medical laboratory or biotechnology company, or infectious waste generated off-site, provided:
   1. the hospital, health center, biotechnology company or laboratory has sufficient properly designed and operated infectious waste storage areas and manages all infectious waste in compliance with the Regulations for Storage and Disposal of Infectious or Physically Dangerous Medical or Biological Waste, State Sanitary Code Chapter VIII, 105 CMR 480.000; and
   2. the hospital, health center, biotechnology company or medical laboratory accepts and stores off-site generated infectious waste with on-site generated infectious waste only as follows:
   1. Hospitals and Health Centers.  Collects and stores infectious waste generated off-site from hospitals, health centers or clinics which the hospitals owns, or from hospitals, health centers, clinics or physicians with whom the hospital or health center has a professional affiliation for the provision of medical services.
   2. Medical Laboratories.  Collects and stores infectious waste generated off-site from laboratories it operates, or generated off-site by customers to whom the laboratory provides laboratory services and only to the extent that the infectious waste collected from such customers and stored does not, on a daily basis, exceed the amount of infectious waste generated on-site from the laboratory's own laboratory activities.
   3. Biotechnology Companies.  Collects and stores infectious waste generated off-site from the company's biotechnology operations conducted at buildings owned or leased by the company.
   4. the infectious waste storage area would not otherwise require a site assignment or solid waste management facility permit pursuant to 310 CMR 16.00 and 310 CMR 19.000, respectively.

4. Residential Disposal of Wood Wastes.  Disposal of wood wastes at a single family residence or farm where the wood wastes are generated and disposed within the boundaries of such residence or farm;
5. Wood Chipping and Shredding Operations.  Wood chipping and wood shredding operations at the site of generation when:
1. only brush, stumps, lumber ends and trimmings, wood pallets, bark, wood chips, shavings, slash and other clean wood, which are not mixed with other solid wastes, are processed;
2. no wood containing or likely to contain asbestos, glues, or chemical preservatives such as creosote, pentachlorophenol, paints, stains or other coatings is processed;
3. at least thirty (30) days prior to commencement of operations, the operator notifies the Commission, using a form supplied by the Commission.

6. Hazardous Waste Facilities.  Facilities that manage only hazardous wastes or which are processing only recyclable materials regulated pursuant to 310 CMR 30.000;
7. Waste Water Treatment Residuals Facilities.  Facilities which manage waste water treatment plant residuals subject to the siting process pursuant to M.G.L. c. 83, § 6 and regulated pursuant to 314 CMR 12.00;
8. Temporary Solid Waste or Recyclable Materials Vehicle and Container Layover.  Commercial truck stops and repair facilities where trucks, trailers and other materials handling and transfer equipment including those containing enclosed loads of solid waste or recyclable materials are occasionally parked for refueling or emergency repair while en-route to a solid waste management or recycling facility or other destination.  This exemption shall not apply to locations without site assignment where waste or waste loaded containers are unloaded from vehicles. This exemption shall not apply to locations where recyclable materials or recyclable material loaded containers are unloaded from vehicles.  This exemption shall not apply to sites where an operator’s trucks or containers with waste or recyclable materials are routinely parked or garaged as part of a solid waste or recycling business.  Solid waste or recyclable material containers shall not be stored or placed into service on city streets and sidewalks without applicable permits from the Boston Department of Public Works.
9. Manufacturing and Industrial Operations.  The following classes of manufacturing or industrial operations which temporarily store and/or utilize pre sorted recyclable materials in the manufacturing or industrial process, including:
1. paper mills, including de inking plants and paperboard manufacturers;
2. steel mills;
3. aluminum smelting operations and mills;
4. glass manufacturing plants;
5. plastic manufacturing plants;
6. tire re capping plants;
7. de tinning plants;
8. asphalt batching plants;

10. Bottle Bill Drop Off Centers.  Bottle Bill drop-off centers which are an accessory supporting a retail beverage business.  This exemption shall not apply to Bottle Drop-off Centers whose primary business is the collection of bottles with an incidental retail sales of beverages.
11. Recycling Operations at the Location of Generation.  Operations involving processing, transferring or temporarily storing recyclables at the site of original generation provided that:
1. there is no speculative accumulation of any material.  Speculative accumulation shall be presumed to occur if materials, whether in their as received, in process or processed condition, are stored for more than thirty (30) days from the date of their receipt at the recycling operation.  This time limit may be exceeded in the case of storage of a processed material pending accumulation of a transportable load (one full truck load).
2. accurate records are maintained and certified reports are submitted every ninety (90) days for the first year of operation and once a year thereafter which provide information to enable the Commission to determine that the operation has complied with exemption conditions.

12. Composting Operations.  The following composting operations and activities do not require a permit provided the operation incorporates good management practice, is carried out in a manner that prevents an unpermitted discharge of pollutants to air, water or other natural resources of the Commonwealth and results in no public nuisance:
13. Backyard Composting.  The composting of organic vegetative solid waste, such as grass clippings, leaves or brush generated by a homeowner or tenant of a single or multi family residential unit or an apartment complex unit, where composting occurs at that dwelling place.
14. Agricultural Waste Composting.  A composting operation for agricultural wastes, when located on a farm engaged in "agriculture" or "farming" as defined in M.G.L. c. 128, § 1A.  Such composting operation may utilize only the following compostable materials, provided the operation is registered with and complies with policies of the Department of Food and Agriculture:
1. leaf and yard waste;
2. wood wastes;
3. clean shells and bones;
4. non agricultural sources of manures and animal bedding materials.
5. not more than ten tons per day of compostable material composed of generator pre sorted produce, and/or generator pre sorted vegetative residues from food or beverage processing that consists solely of materials from plants, (e.g., husks, leaves, skins, sediments and roots) and other plant by products from fruit or vegetable canning, freezing or preserving operations; and

1. The Commission may issue a Temporary Recycling Permit in lieu of an Installation Permit and an Annual Permit to Operate for sites used by government and non-profit groups holding community recycling events.
2. Temporary Recycling Permits shall be site, date, and time specific and shall not exceed one (1) day.
3. Provisions applicable to an Installation Permit and an Annual Use Permit shall not apply to applications for Temporary Permits.
4. Applicants shall demonstrate through the application for the operation of a temporary recycling event that the event will not adversely impact on the public health, public safety, or the environment.
5. The event operator shall provide sealable containers or vehicles into which the recyclable material shall be placed immediately on its receipt.
6. The event operator shall prevent releases of the recyclable material to the environment and any other nuisances or threats to the public health, public safety, and the environment.
7. By the time of the expiration of the temporary permit, the event operator shall have removed all recyclable materials from the event site and cleaned up any materials related to the event restoring the site to a clean and sanitary condition.

1. Site Suitability Criteria.  The following Site Suitability Criteria shall apply to all facilities.
1. Agricultural Lands.  No site shall be determined to be suitable or be permitted as a facility if within five hundred (500) feet of active farmland or a community garden provided that such garden existed prior to the date of the completed application.
2. Traffic and Access to the Site.  No site shall be determined to be suitable or be permitted as a facility where traffic impacts from the facility operation would constitute a danger to the public health, taking into consideration the following factors:
1. traffic congestion;
2. pedestrian and vehicular safety;
3. road configurations;
4. alternate routes; and
5. vehicle emissions
3. Potential Air Quality Impacts.  No site shall be determined to be suitable or be permitted as a facility where the anticipated emissions from the facility would not meet required state and federal air quality standards or criteria or would otherwise constitute a danger to the public health, taking into consideration:
1. the concentration and dispersion of emissions
2. the number and proximity of sensitive receptors; and
3. the attainment status of the area.
4. Potential for the Creation of Nuisances.  No site shall be determined to be suitable or be permitted as a facility where the establishment or operation of the facility would result in nuisance conditions which would constitute a danger to the public health, taking into consideration the following factors:
1. noise;
2. litter;
3. vermin such as rodents and insects;
4. odors;
5. bird-related nuisances;
6. the cumulative impacts of the facility and other nuisance sources;    and
7. other nuisance problems.
5. Size of Facility.  No site shall be determined to be suitable or be permitted as a facility if the size of the proposed site is insufficient to properly operate and maintain the proposed facility.  In making this determination, the distance of the material handling area or storage area from the property boundary shall be taken into account.
6. Proximity to Sensitive Receptors.  No site shall be determined to be suitable or be permitted as a facility if there is a reasonable likelihood that it will cause an adverse impact on sensitive receptors including, but not limited to, schools, community gardens, parks, playgrounds, day care facilities, health care facilities, nursing homes, and residences, provided, if the facility is not otherwise causing a nuisance, that such receptors existed prior to the date of the completed application.
7. Maximum Facility to Land/Population Ratio.  There shall be a rebuttable presumption that no facility except a recycling drop off center shall be installed after August 20, 1998 in any neighborhood where the ratio of the aggregate fraction of post-1980 and currently existing city transfer stations, container lots, and recycling facilities in that neighborhood exceeds the average of the fraction of neighborhood land area and the fraction of the city’s resident population living in that neighborhood by a factor of 2.0 or more.

Facility lists and neighborhood population and land area data can be obtained by clicking here, or from the Office of Environmental Health.

2. No site shall be determined to be suitable as a facility where:
1. a materials handling area would be within the Interim Wellhead Protection Area (IWPA) or a Zone II of an existing public water supply well or a potential public water supply, unless necessary restrictions are imposed to minimize the risk of an adverse impact to the groundwater; and either:
1. the proponent can demonstrate to the satisfaction of the Commission that the facility cannot reasonably be sited outside the IWPA or Zone II; or
2. there would be a net environmental benefit to the groundwater by siting the facility within the Zone II or the IWPA where the site has been previously used for similar activities.
2. the materials handling area would be less than five hundred (500) feet upgradient of a surface drinking water supply as defined by groundwater flow or surface water drainage;
3. the materials handling area would be less than five hundred (500) feet downgradient of a surface drinking water supply as defined by groundwater flow or surface water drainage;
4. the materials handling area would be within five hundred (500) feet of an existing or potential private water supply well.
5. the maximum high groundwater table would be within two (2) feet of the ground surface in areas where materials handling is to occur unless it is demonstrated that a two foot separation can be designed to the satisfaction of the Commission; or
6. the materials handling area would be within five hundred (500) feet of a sensitive receptor, included but not limited to, an occupied residential dwelling, prison, health care facility, nursing home, lower educational institution, children's preschool, park , or playground,  provided, however, that the applicant may show a valid option to purchase the restricted area, the exercise of which shall be a condition of any permit.

3. Copies of the completed Application for Installation Permit will be furnished by the applicant to the Inspectional Services Department, Fire Department, and Boston Water and Sewer Commission.  The Installation Permit is required in addition to Inspectional Services Department Building Permits.  It is the responsibility of the applicant to consult the Inspectional Services Department, Fire Department and Boston Water and Sewer Commission to determine if additional permits, requirements, or conditions apply to installation or operation of the facility.
4. Each Application for an Installation Permit shall at a minimum, incorporate provisions addressing all requirements of these regulations including the following:
1. the property owner’s name, address, and telephone number.
2. the operator’s name, address and telephone number.
3. the contractor’s name and proof of valid state registration.
4. a plan with a specified scale, signed by a registered surveyor or engineer, showing the location of the proposed facility in relation to existing above or below ground structures.
5. a description and detailed map indicating the location
of visible prior and current land uses within six hundred (600) feet of the proposed location including but not limited to the following:
1. existing and proposed building structures;
2. parks, schools, health care facilities, residences, and nursing homes;
3. fuel storage tanks, excluding those that meet the following three criteria:  they are i) less than two hundred and eighty (280) gallons, ii) above ground and iii) used for residential purposes
4. private and public ways;
5. utility rights-of-way; and
6. any other potential sources of pollution;
6. proof that all owners of any property abutting the applicant’s property have been notified of the applicant’s intention to construct a facility.
7. proof that the proposed location meets any MADEP criteria for facility siting.
8. proof that the proposed location meets any ISD/BZA criteria for facility siting.
9. the permit fee required by Section 2.13.

1. The operator shall provide the necessary, appropriate type and size equipment for the proper operation of the facility in accordance with good engineering practice and in compliance with the applicable regulations and these guidelines.  As to any processing unit for which a replacement is not readily available within one units(1) business day, the processing unit shall be in duplicate with each unit capable of handling the expected design tons per day.  However, only one processing unit shall be satisfactory, where:
1. the facility will handle under one hundred and fifty (150) tons per day; or,
2. adequate facilities to continue operation and/or an alternate method to handle all incoming material in a sanitary manner approved by the BPHC in the event of a failure or breakdown is provided.

2. The operator shall make provisions for the routine maintenance of equipment to assure satisfactory performance capability for the various operations of the facility.
3. The operator shall provide at the site suitable protection for all equipment and necessary service supplies used in connection with the facility.

1. Make available at the facility an adequate supply of water under pressure with sufficient fire hose, and building sprinkler systems, if sprinklers are required by the fire department;
2. Hot loads shall not be accepted at the facility;
3. Arrange for the fire department to provide emergency service whenever called; and
4. Mount detachable fire extinguishers, maintained in working order, on all vehicles and in all buildings.

1. The operator shall provide and maintain in good repair access roads at the facility.  Such access roads shall be paved to minimize dust and designed and constructed so that traffic will flow smoothly and will not be interrupted by inclement weather.
2. The operator shall limit access to the facility to such periods of time as an attendant is on duty and to those persons authorized to use the facility.
3. The operator shall prominently post at the entrance to the facility the hours of operation and all limitations and conditions of access.
4. The operator shall provide suitable barrier or fencing and gates to limit unauthorized persons from access to the facility and for the gate to be open only when an attendant or equipment operator is on duty.  The gate shall be closed and locked at all other times.
5. The operator shall sweep and wash access roads and facility operational areas whenever necessary to control dust generation.

1. The operator shall have a detailed Litter Control Program.
2. The operator shall take effective measures to prevent the scattering of wind blown litter.
3. Wherever feasible, materials shall be unloaded, processed, and stored indoors to prevent the wind scattering of litter.
4. The operator shall provide for routine maintenance and general cleanliness of the entire facility.  Such provisions are to be detailed on the engineering plans or written operating procedures.

1. The Operation Plan shall contain provisions to protect junk and recyclable materials from precipitation runoff and wind scatter through indoor unloading, processing, and storage wherever feasible.
2. The facility shall be suitably screened by a building, aesthetically inoffensive fencing, landscaping, or other approved methods, to shield adjoining properties from adverse impacts.

1. Solid, special, hazardous wastes and hazardous materials shall not be received at the facility except when approved in writing by the Commission under such conditions as the Commission may reasonably require.  Approval shall be requested within the Application for Installation Permit or Operation Permit, as applicable.
2. Provisions for the safe recovery and processing of residual waste materials present in recyclable materials shall be incorporated into the Operation Plan (i.g. waste oil, gasoline, antifreeze, etc. from car wrecks).

1. If necessary to protect public health, the Commission may specify the maximum size of large, heavy, or bulky items to be accepted for recycling at the facility and may prohibit altogether the receipt, processing, and storage of certain items.
2. If brush is accepted at the facility, provisions should be made for the brush to be received in bundles no larger in size than can be handled in an acceptable and sanitary manner by the specific equipment.  Brush should not be allowed to accumulate beyond forty-eight (48) hours after deposition at the facility.
3. Approval to process bulky recyclables shall be requested within the Application for Installation Permit or Operation Permit, as applicable.

1. The operator shall provide a detailed Dust Control Program in the Operation Plan.
2. Wherever feasible, materials shall be unloaded, processed, and stored indoors to prevent the wind scattering of dust.
3. Facility operational areas shall be paved or covered with material approved by the BPHC.
4. The operator shall undertake suitable and effective measures to control dust at the site, the access road, and any other areas related or under control of the facility operator.

1. The Operation Plan shall provide a detailed Insect and Rodent Control Program which will cause routine facility operations to be carried out promptly in a systematic manner and shall provide for preventative measures to maintain conditions unfavorable for the production of insects and rodents.
2. The Commission requires a routine program for the control and elimination of insects and rodents at the facility site.  The operator shall cause supplemental control measures, including but not limited to the use of effective insecticides and rodenticides, to be implemented when necessary.
3. The application of pesticides shall be made only by a pesticide operator licensed by the Massachusetts Pesticide Board.
4. The operator shall maintain the services of a pesticide

1. All employees shall be instructed in the principles of first aid and safety and in the specific operational procedure necessary to prevent accidents.
2. The operator shall provide and maintain adequate first aid supplies at the site at all times.
The operator shall maintain written records of employee training received.

1. The operator of the facility shall be under the overall supervision and direction of an engineer or other person qualified and experienced in handling the types of materials and equipment used at the facility.
2. The operator of the facility shall be knowledgeable of these regulations, and of the general operating procedure and plans as prescribed by the design engineer.
3. The operator shall be required to demonstrate familiarity and capability to operate equipment at the facility.

1. An emergency contingency plan, approved by the Commission, providing for an alternative disposal method in the event of mechanical breakdown or other cause preventing the normal operation of the subject facility, shall be filed with the Commission and implemented whenever needed as conditions of health and public safety may require.  Whenever the emergency plan is implemented the Commission shall immediately be notified.
2. The Emergency Contingency Plan shall incorporate Material Safety Data Sheets for all hazardous materials at the facility.
3. The Emergency Contingency Plan shall establish provisions for addressing foreseeable releases of hazardous materials on site.  Such provisions shall comply with the Massachusetts Contingency Plan, 310 CMR 40.000.

1. The owner and/or operator shall notify the Commission no later than six (6) months prior to the date that the facility will stop accepting materials.
2. Closure activities shall be carried out in compliance with all applicable regulations and the permit.
3. A facility shall be deemed closed on the date of the Commission’s written determination that the closure of the facility has been completed in accordance with the final closure plan.
4. An owner or operator of a proposed facility shall prepare and submit to the Commission, as a part of the permit application a written estimate, unadjusted for time, inflation, return on invested funds, or other purely financial factors, of the cost of a third party closing.  This estimate shall be based upon the closure plans for the facility and equal the cost of closing the facility at that point in the facility's active life when the manner and extent of its operations would make closure and post closure most expensive.

Regulation on Waste Container Lot, Junkyard and Recycling Facilities