Additional Requirements for Approval of Suitability for Type I Sludge
Effective Dec 16, 2016Mass. Register #1328MGL c. 21, §§ 27(9), 27(12) and 43 MGL c. 21A, § 2(28) MGL c. 111, § 160Massachusetts Department of Environmental Protection
(1) In order to obtain an Approval of Suitability for Type I sludge, an owner or operator, in addition to complying with 310 CMR 32.13, shall:
- (a) state in the application submitted to the Department that an Approval of Suitability is being sought for Type I sludge;
(b) include in the application to the Department for Approval of Suitability the following information about marketing and distribution:
- 1. a statement of whether the Type I sludge is to be used by, sold to, or distributed to, or offered for use, sale or distribution to the general public or to specific persons and whether the sludge is to be sold or given away to each such intended recipient;
- 2. identification by name, if known, of each person who will use or to whom will be sold, distributed, or offered for use, sale, or distribution sludge in lots greater than five cubic yards;
- 3. a description of the estimated amount of sludge to be used by, sold to, or distributed to, or offered for use, sale, or distribution to the general public and/or to persons in lots greater than five cubic yards;
- (c) send to the board of health of the city or town in which the owner's or operator's facility is located a copy of the application submitted to the Department pursuant to 310 CMR 32.13(1) and 32.14(1)(a) and (b).
- (2) When the Department has determined that it has received a fully completed application for Approval of Suitability for Type I sludge, it shall so notify in writing the board of health of the city or town in which the owner's or operator's facililty is located. The Department shall not approve the use, sale, or distribution or offering for use, sale, or distribution of Type I sludge without the written concurrence of the board of health of the city or town in which the owner's or operator's facility is located, provided that such concurrence is not unreasonably withheld. Said board of health shall be deemed to have given such concurrence unless it gives written notice to the contrary to the Department not later than 35 days after the date of notice given the board of health pursuant to the first sentence of 310 CMR 32.14(2).