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May 25, 2024 Clouds | 74°F
The 193rd General Court of the Commonwealth of Massachusetts

Section 5: Collection, transportation, storage, etc., of hazardous waste; prohibited acts

  Section 5. No person shall collect, transport, store, dispose of, treat, use or transport hazardous waste in a manner which could endanger human health, safety or welfare, or the environment, or in a manner inconsistent with any provision of this chapter, or of any regulation standard, license, or order issued pursuant to this chapter.

[ Paragraph inserted following first paragraph by 2023, 28, Sec. 14 effective July 1, 2023. See 2023, 28, Sec. 115.]

  No person shall store hazardous waste in a building or other permanent or temporary structure, vehicle, trailer or outdoor area within a facility that does not have installed a fire suppression system required by the state building code or the state fire code.

  No person shall collect, transport, store, treat, use or dispose of hazardous waste unless that person is in possession of a valid license issued pursuant to this chapter and, when in possession of such waste shall have a valid manifest; provided, however, that the department, by regulation, may exempt from this prohibition the short term containment of hazardous waste on the premises of the person who generated said waste, for a period not exceeding nine months, or another period set by regulation of the department in a manner which does not constitute disposal.

  No person who generates or who otherwise comes into possession of hazardous waste shall transfer custody or possession of such waste to any person who does not have a valid hazardous waste license, and such generator must prepare a manifest precisely descriptive of the waste.

  No person shall violate, or allow or suffer any employee, agent or contractor to violate any provision of this chapter or any regulation, license, approval or order issued hereunder.

  No person shall act in the capacity of, or advertise as, or assume to act as a hazardous waste licensee unless such person is in possession of a valid hazardous waste license issued under this chapter.

  No person shall use a motor vehicle for the transportation of hazardous wastes on any way unless there has been issued for said vehicle a vehicle identification device, issued under the provisions of this chapter, and said device is attached to a cab card which is carried in the operators compartment of said vehicle where it is accessible to the operator of said vehicle.

  Sections one hundred and forty-three and one hundred and fifty-one of chapter one hundred and eleven shall not apply to any hazardous waste treatment, storage or disposal facility licensed by the department pursuant to this section and section seven and which was lawfully organized, in existence, and licensed as a hazardous waste treatment, storage or disposal facility by any division of the department as of May first, nineteen hundred and eighty.

  Boards of health may enforce sections thirty-one, thirty-one C, one hundred and twenty-two, one hundred and twenty-three and one hundred and twenty-five of chapter one hundred and eleven, and such other provisions of law as may apply, with respect to hazardous waste treatment, storage or disposal facilities.