Section 096-852-5 - ApplicabilityA. This Chapter identifies hazardous wastes that are restricted from land disposal and defines those limited circumstances under which an otherwise prohibited waste may continue to be land disposed.B. Except as specifically provided in this Chapter, 06-096 C.M.R. ch. 850, or 06-096 C.M.R. ch. 851, the requirements of this Chapter apply to persons who generate or transport hazardous waste, and to owners and operators of hazardous waste treatment, storage, and disposal facilities.C. The requirements of this Chapter do not affect the availability of a waiver under section 121(d)(4) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (CERCLA).D. This Chapter does not apply to de minimis losses of characteristic wastes to wastewaters as provided in 40 C.F.R. §268.1(e)(4). Note: Farmers complying with 06-096 C.M.R. ch. 851, § 10, and small quantity generators meeting the exclusion limits and complying with the remaining requirements of 06-096 C.M.R. ch. 851, § 3(A)(5), are not subject to the requirements of this Chapter.
E. Universal waste as defined in 06-096 C.M.R. ch. 858 is not subject to the provisions of 40 C.F.R. §268.7 concerning hazardous waste testing, tracking, and recordkeeping requirements for generators, treaters, and disposal facilities; and is not subject to the storage prohibitions of 40 C.F.R. §268.50. 06-096 C.M.R. ch. 852, § 5