Section 096-858-5 - ProhibitionsGenerators, owners or operators of any central accumulation or consolidation facility, and transporters of universal wastes are prohibited from conducting the following activities:
A. Disposing, diluting or treating universal wastes. The intentional breakage of universal wastes including CRTs and lamps is a form of treatment and is prohibited at locations other than a recycling facility licensed or authorized to do so. Except for incidental breakage of 10 or less CRTs or lamps as a result of an accidental event, universal waste items which are broken and no longer intact do not qualify as universal waste and instead are subject to the applicable regulations of 06-096 C.M.R. chs. 850 - 857 as hazardous waste. B. Sending a universal waste to any facility other than: (1) a central accumulation facility; (2) a consolidation facility for universal waste;(3) an approved recycling facility for universal wastes as defined in Section 4(N) of this Chapter, which is licensed or authorized in accordance with 06-096 C.M.R. ch. 854, 06-096 C.M.R. ch. 855, and 06-096 C.M.R. ch. 856 or under the destination facility's State regulatory program; or(4) an approved disposal or treatment facility authorized to handle PCB ballasts, the residues from mercury spill kits, or architectural paint that cannot be recycled, which is licensed or authorized in accordance with 06-096 C.M.R. ch. 854, 06-096 C.M.R. ch. 855, and 06-096 C.M.R. ch. 856, or under the destination facility's State regulatory program. NOTE: Generators that self-transport waste shall comply with universal waste transporter requirements, as provided in Section 7(D) of this Chapter.
06-096 C.M.R. ch. 858, § 5