310 CMR, § 16.05

Current through Register 1533, October 25, 2024

Section 16.05 - Permit for Recycling, Composting and Conversion (RCC) Operations

(1)Applicability. The recycling, composting, conversion or handling of recyclable or organic materials that does not qualify for an exemption pursuant to 310 CMR 16.03 or a general permit pursuant to 310 CMR 16.04, shall apply for a recycling, composting or conversion (RCC) permit pursuant to 310 CMR 16.05. A RCC operation that has a RCC permit does not require a site assignment or a solid waste management facility permit pursuant to 310 CMR 19.000: Solid Waste Management provided the owner or operator complies with the permit.

(2)RCC Permit Application. Any applicant applying for a RCC permit pursuant to 310 CMR 16.05 shall submit an application to the Department, using forms and procedures provided by the Department, including without limitation, those specified in 310 CMR 4.00: Timely Action Schedule and Fee Provisions, with a copy to the board of health.

(a)Pre-application Meeting. The applicant shall attend a pre-application meeting with the Department. The applicant shall provide to the Department, at least 14 days prior to the meeting date, sufficient information to describe the general nature and scope of the applicant's proposal including, but not limited to, the following information:

1. the location;

2. a description of the technology, including a process flow chart and the size and type of all equipment used;

3. the type, quantity and quality of all materials received and products or residuals produced; and

4. identification of the potential public nuisances and adverse impacts from the operation and the proposed methods for controlling such public nuisances and impacts.

(b)General Application Requirements. The applicant shall submit an application that meets the following requirements.

1. The application shall include sufficient information such that the Department can:

a. evaluate the feasibility of the proposal to accomplish the intended recycling, composting or conversion activity; and

b. evaluate the potential for public nuisances and impacts of the operation on public health, safety and the environment.

2. The application shall identify all other local, state or federal permits required.

3. All forms, plans, and other papers pertaining to design and construction of an operation to be permitted pursuant to 310 CMR 16.05, shall be completed under the supervision of a Massachusetts registered professional engineer knowledgeable about the proposed technology, design and construction and shall bear the seal, signature and discipline of said engineer. Any other form, plan or paper shall be completed by a competent professional experienced in the appropriate field.

4. All mapping and surveying shall be completed by a registered surveyor.

5. The application shall provide an estimate for a financial assurance mechanism, if required by the Department, similar to the types of financial assurance approved in 310 CMR 19.051: Financial Assurance Requirements.

6. The application shall include documentation that the MEPA process:

a. does not apply;

b. applies and the Secretary has determined that an EIR is required; or

c. has been completed, and the Secretary has issued a certificate or a determination that an EIR is not required.

7. The Department reserves the right to require additional information.

(c)Specific Application Information. The owner or operator shall ensure that the application includes the following information, as may be modified by the pre-application meeting or pursuant to 310 CMR 16.05(2)(b)7.

1.Recyclable or Organic Material. The following information shall be provided for each material managed at the operation:

a. a detailed description of the type, quantity, and sources of all material(s) to be received by the operation;

b. the physical, biological and chemical specifications governing the quality of material accepted for recycling, composting or conversion;

c. where known or when requested, a detailed chemical and physical characterization of the material, including contaminants;

d. the methods and procedures employed to ensure the material specifications are met. This may include, but is not limited to:

i. training, signage or other aids for generators of the material; and

ii. sampling and testing of materials at the site of generation, when received at the operation or after processing and treatment to ensure the quality of the material, including minimizing toxic substances; and

e. a toxics control plan that:

i. will minimize entry of toxic materials into the operation;

ii. is appropriate for the organic materials to be managed at the operation; and

iii. ensures that the final products resulting from the operation do not pose a significant threat to public health, safety or the environment. Should toxics be detected in the final products at levels that pose a significant threat to public health, safety or the environment for any likely use of the product, the plan shall also include a contingency plan that identifies steps to be taken to reduce toxics in incoming organic materials, describes corrective actions to be taken for management of the organic materials and products, and identifies how any contaminated products are to be used or disposed.

2.Site. The following descriptions, plans, or other site information shall be provided:

a. a general description of the site and the surrounding area;

b. a map indicating the location of the proposed operation;

c. a site map indicating:

i. the geographical and geological characteristics of the site;

ii. the location and distance to manmade structures and features (such as but not limited to, parks, conservation areas, buildings, roads and power lines) within 1/2 mile of the site; and

iii. the location and distance to environmental receptors, including but not limited to, public and private water supply wells, wetlands, streams, rivers or other water bodies within 1/2 mile of the site.

3.Design and Operation. The following plans, reports, diagrams, schematics, studies and other information shall be provided:

a. a description of the technology, including:

i. a process flow chart; and

ii. the history of the use of the technology, including:

(i) number of units operational;

(ii) type of materials processed;

(iii) products produced and their use;

(iv) an evaluation of operational successes and failures; and

(v) evaluation of operational issues including preventing public nuisances and adverse impacts to the public health, safety or the environment;

b. a design plan including:

i. a detailed description of the proposed method(s) for recycling, composting, converting or handling the material from initial receipt through final products and residuals;

ii. identification of all equipment to be used at the operation;

iii. the layout of the operation including all structures, equipment, buildings, roads and other appurtenances;

iv. the location, quantity and composition of all emissions or discharges, including but not limited to wastewater discharges and air emissions;

v. environmental controls that:

(i) prevent public nuisances, including but not limited to, odor, vectors, noise and dust; and

(ii) protect public health, safety and the environment, including but not limited to, the proposed method of treatment and management of wastewater discharges, air emissions, stormwater and leachate;

vi. the location and size of on-site storage areas for received materials, products and residuals; and

vii. the size of the operation in tons per day;

c. An operations and maintenance plan, including:

i. a description of the methods and procedures employed to ensure and verify the quality of materials received and products produced;

ii. a description of the proposed material handling methods and techniques;

iii. an odor control plan that is appropriate for the size and type of the operation that will minimize the production and migration of odorous compounds. The plan shall identify specific actions that will be taken to address complaints if unacceptable odors occur beyond the property line of the operation;

iv. a vector control plan that is appropriate for the size and type of the operation that will minimize the production and migration of odorous compounds. The plan shall identify specific actions that will be taken to address complaints if unacceptable odors occur beyond the property line of the operation;

v. a description of the routine environmental monitoring and sampling protocols;

vi. an inspection plan to ensure the operation will be in compliance with the RCC permit and all applicable regulations; and

vii. a record keeping system that documents the compliance of the operation with its RCC permit and all applicable regulations;

d. contingency plans for:

i. management of incoming recyclable or organic materials should there be an interruption in operation;

ii. management of incoming recyclable or organic materials that do not meet specifications and need to be rejected;

iii. response to a fire, flood, or other extreme weather conditions or acts of nature;

iv. response to a spill or leakage of any material at the site requiring remediation or corrective action; and

v. repairing or replacing broken or inoperative equipment.

4.Products and Residuals. The owner or operator shall ensure that the application includes the following information:

a. a description of the type and quantity of products to be produced and how they will be used;

b. documentation that markets or uses exist for the products to be produced;

c. a description of how organic materials that are to be land-applied are to be stabilized and how pathogens are to be destroyed; and

d. the quantity and composition of any residuals generated and how and where they will be managed.

(3)Review Criteria. The Department shall issue an RCC permit only if it is persuaded that 310 CMR 16.05(3)(a) through (h) are met.

(a)Recyclable or Organic Materials Only. Incoming materials meet the definition of recyclable or organic materials, and the operation will minimize toxic materials. The Department may take into account the following factors in making its decision:

1. whether the materials have been separated from solid waste to the maximum extent possible and contain the least possible amount of solid waste;

2. the nature of any contaminants and their probable effect on public health, safety and the environment from handling or use of products;

3. whether the materials are or are likely to be contaminated with toxic substances, as determined by the Department; and

4. whether the toxics control plan is sufficient to prevent significant threats to public health, safety or the environment.

(b)Design and Operation is Feasible. The operation will function as it has been proposed and designed in that:

1. the materials can feasibly be and will be recycled, composted or converted under the proposal set forth in the application;

2. the incoming material and product specifications will be met consistently;

3. the products will have markets or a reasonable likelihood of having a market;

4. materials, whether in their as-received, in-process or processed condition, shall not be stored for more than one year from the date of their receipt at the operation. The time limit may be exceeded in the case of storage of a processed material pending accumulation of one full container load; and

5. the quantity of residuals generated through the processing and treatment of materials will not average more than the following percentages by weight of materials handled during any calendar quarter:

a. 5% for organic materials;

b. 5% for recycling of construction and demolition waste;

c. 10% for recycling of recyclable material except at a single-stream operation;

d. 15% for recycling of recyclable material at a single-stream operation; or

e. Such other percentage as the Department may establish in order to minimize residual generation. The residual generation criteria established at 310 CMR 16.05(3)(b)5.a. through d. may be modified by the Department under the following circumstances:

i. the industry average for processing materials of the same nature utilizing the best available processing equipment is different than the percentages set forth in 310 CMR 16.05(3)(b)5.a. through d; or

ii. the scale of the operation is sufficiently small that actual residual generation is minimal.

(c)No Significant Threats or Nuisances. The operation will not present a significant threat to public health, safety or the environment and will not create a public nuisance.

(d)No Unpermitted Discharges. The operation will not result in an unpermitted discharge to air, water, land or other natural resources of the Commonwealth.

(e)Appropriate Siting. The site is appropriate for the particular proposed activity, size, and technology taking into consideration, but not limited to, distances to sensitive human and environmental receptors, such as residences, schools, public and private water supply wells, wetlands, streams and rivers.

(f)MEPA Compliance. The owner and operator have demonstrated that either the MEPA process does not apply or the MEPA process has been completed and the Secretary has issued a certificate or a determination that an EIR is not required.

(g)Financial Assurance. The owner or operator has provided a sufficient financial assurance mechanism, similar to the types of financial assurance approved in 310 CMR 19.051: Financial Assurance Requirements, if required by the Department, to pay for the removal and proper management of materials and restoration or remediation of the buildings, equipment or land should the operation be terminated.

(h)No Adverse Impact on Solid Waste Facility. If the operation is located at a solid waste management facility, it will not adversely impact the solid waste management facility and will be operated consistently with the facility's site assignment and solid waste management facility permit.

(4)RCC Permit Conditions. The Department may issue an RCC permit subject to conditions. These conditions may include but are not limited to:

(a) requirements that the owner and operator operate in a manner that prevents an unpermitted discharge of pollutants to air, water, land or other natural resources of the Commonwealth, does not create a public nuisance, and does not present a significant threat to public health, safety or the environment;

(b) requirements that the owner and operator ensure the quality of the incoming materials, including but not limited to, requirements to ensure that recyclable and organic materials are not contaminated by toxic substances at levels which may pose a significant threat to public health, safety or the environment and that the type and quality of incoming materials is sufficient for the operation;

(c) requirements that the owner and operator ensure the quality of final products, including but not limited to, requirements to ensure that products are not contaminated by toxic substances at levels which may pose a significant threat to public health, safety or the environment and that the quality of the products is sufficient for products to be marketable;

(d) requirements that the operation handle materials in a manner that prevents public nuisance conditions, including but not limited to, requirements for enclosed, covered or sealed handling areas, containers or trucks, timely incorporation of organic materials, required ratios of organic material types, and maintenance of proper aerobic or anaerobic temperature, moisture and porosity conditions;

(e) requirements for an odor control plan that is appropriate for the size and type of the operation that will minimize the production and migration of odorous compounds and that identifies specific actions that will be taken to address complaints if unacceptable odors occur beyond the property line of the operation;

(f) requirements for a vector control plan that is appropriate for the size and type of the operation that will minimize the presence of vectors and that identifies specific actions that will be taken to address complaints if vectors occur beyond the property line of the operation;

(g) requirements for a contingency plan that describes corrective actions to be taken for management of recyclable or organic materials and products in the event of equipment breakdowns, delivery of unacceptable material, spills, fires, extreme weather events or other events, including but not limited to the failure of the odor or vector control plan;

(h) requirements for establishing the operation at appropriate distances from sensitive human and environmental receptors, such as residences, schools, public and private water supply wells, wetlands, streams and rivers;

(i) requirements that the owner and operator minimize generation of residuals, limiting the amount of solid waste or other materials mixed in with incoming recyclable or organic materials;

(j) requirements to ensure proper disposal of residuals;

(k) requirements that the length of time that incoming material, products and residuals can be on-site is limited and in no case will create a public nuisance;

(l) requirements for appropriate number of properly trained personnel for the size and type of operation;

(m) requirements for equipment that is appropriate for the size and type of the operation;

(n) requirements that all solid and liquid materials produced as a result of the operation are managed in accordance with all other applicable regulations and approvals, including but not limited to, a beneficial use determination;

(o) requirements that the owner or operator maintain accurate records for adequate periods of time and report annually;

(p) a requirement that the owner or operator annually submit a compliance certification in accordance with 310 CMR 16.06(1);

(q) a requirement that the proposed operation obtain all other appropriate local, state and federal approvals or permits, including but not limited to, permits for air emissions or water discharges;

(r) a requirement that the owner or operator provide a financial assurance mechanism similar to the types of financial assurance approved in 310 CMR 19.051: FinancialAssurance Requirements;

(s) a requirement that the owner and operator consent to the right of the Department without prior notice to periodically enter upon and inspect the property, the operation and relevant operating records, to determine and compel compliance with applicable regulations and the conditions of the permit;

(t) an expiration date on which the RCC permit expires, with a date by which the applicant shall timely submit a renewal application for consideration by the Department; and

(u) requirements that the owner and operator ensure that the operation does not adversely impact the solid waste management facility if the operation is located at a solid waste management facility and that the owner and operator operate consistently with the facility's site assignment and solid waste management facility permit.

(5)Public Review of RCC Permit.

(a)Publication of Draft RCC Permit Decision. The Department shall issue a draft RCC permit decision granting or denying the application. A copy of the draft decision shall be provided to the applicant, to the board of health and to any person who asks in writing for a copy of the draft decision and provides the Department with an electronic mail address, or if he or she does not have an electronic mail address, then with his or her U.S. mail address.

1.Public Notice. Public notice, paid for by the applicant, shall be provided in a daily or weekly newspaper of general circulation in the locality of the operation;

2.Content of Public Notice. The public notice shall contain:

a. a description of the proposed operation including the type of technology, proposed tonnage, location and hours of operation;

b. the identity and mailing address of the applicant;

c. the public location where the application and the draft RCC permit decision can be inspected; and

d. the time period for written comments on the application and the address to which comments should be mailed.

(b)Public Comment Period. The Department shall accept written comments from any person up to 30 days from the date the public notice is first published in a newspaper or a later date specified in the public notice. Any person who requests a copy of the RCC permit decision at the time of issuance shall provide the Department with his or her electronic mail address, or if he or she does not have an electronic mail address, then with his or her U.S. mail address. Submitting comments does not automatically make a person a party to the RCC permit proceeding.

(c)Intervention by Group of Ten Persons. A group of ten persons may intervene in an adjudicatory proceeding relating to an RCC permit application by sending a letter to the Department prior to the public comment period deadline that states:

1. its intent to intervene as a group of ten persons;

2. the facts and grounds on why the group believes the RCC permit decision will cause damage to the environment, as defined in M.G.L. c. 214, § 7A; and

3. the relief sought.

The letter shall include an affidavit from each person stating his or her intent to be part of the group and to be represented by the group's authorized representative. Any group of ten persons filing written comments which meet these requirements shall be considered a party to the proceeding for the purposes of notice and any other procedural rights applicable to such proceedings under M.G.L. c. 30A, including specifically the right to request an adjudicatory hearing on the Department's RCC permit decision in accordance with 310 CMR 16.05(6)(d).

(d)Public Hearing. The Department shall schedule a public hearing on the draft RCC permit decision within the municipality wherein the proposed operation is to be located when:

1. the applicant requests a public hearing by submitting a written request to the Department prior to the close of the public comment period;

2. the municipality, through its board of selectmen or mayor as applicable, wherein the proposed operation is to be located, requests a public hearing by submitting a written request to the Department prior to the close of the public comment period; or

3. the Commissioner or his designee determines that there is sufficient public interest. The content of the public notice, paid for by the applicant, for such hearing shall include the date, time, and place of the public hearing and the nature and purpose of the public hearing. Such notice shall comply with 310 CMR 16.05(5)(a)1. and 2.

(e) The Department shall issue an RCC permit decision following the 30 day comment period or after the public hearing, if one is held. The RCC permit decision is final after the 21^st day following the issuance of the RCC permit decision unless, if a person files a request for an adjudicatory hearing in a timely manner, then the Department's RCC permit decision is not final until the Commissioner issues a final decision pursuant to 310 CMR 1.01(14): Decisions. After the RCC permit decision is final, stay of the RCC permit shall be governed by M.G.L. c. 30A, §14.

(6)Request for Adjudicatory Hearing of the Department's RCC Permit Decision and Process for Intervention. The definitions of terms set forth at 310 CMR 1.01: Adjudicatory Proceeding Rules for the Department of Environmental Protection apply to 310 CMR 16.05(6) unless otherwise defined in 310 CMR 16.00. In the event of a conflict between definitions in 310 CMR 1.01: Adjudicatory Proceeding Rules for the Department of Environmental Protection and 310 CMR 16.00, the definitions in 310 CMR 16.00 prevail for purposes of 310 CMR 16.05(6).

(a) The following persons shall have the right to request an adjudicatory hearing of an RCC permit decision (not a draft decision) issued by the Department:

1. The Applicant.

2.An Aggrieved Person. An aggrieved person shall have the burden of proof to establish his or her status as an aggrieved person as defined at 310 CMR 16.02 and must state in the request for an adjudicatory hearing the specific basis of his or her aggrievement.

3.Groups of Ten Persons. A group of ten persons that has submitted written comments in accordance with 310 CMR 16.05(5)(c) has a right to request an adjudicatory hearing with respect to a RCC permit decision. In the case of a group of ten persons requesting an adjudicatory hearing, the issues at the adjudicatory hearing shall be limited to those of damage to the environment and the elimination or reduction thereof, as defined under M.G.L. c. 214, § 7A. The request for adjudicatory hearing shall clearly and specifically state the facts and grounds for the appeal and the relief sought, and each person shall file an affidavit stating the intent to be a part of the group and to be represented by its authorized representative.

4.The Municipality Wherein the Proposed Operation Is to Be Located. The board of selectmen or the mayor, as applicable, of the municipality wherein the proposed operation is to be located, provided the municipality has submitted written comments accordance with 310 CMR 16.05(5)(b).

(b)Intervention in Adjudicatory Hearings. Nothing in 310 CMR 16.00 shall prevent a person from requesting to intervene in an adjudicatory hearing pursuant to 310 CMR 1.01(7): Intervention and Participation. Any motion to intervene pursuant to 310 CMR 1.01(7): Intervention and Participation shall be filed within 21 days from the date the first request for an adjudicatory hearing is filed with the Department.

(c)Limitation on Matters Raised in Request for Adjudicatory Hearing. The matters that may be raised in a request for an adjudicatory hearing by a person who has the right to request an adjudicatory hearing, or by an intervenor, are limited to the matters raised during the public comment period; provided, however, that a matter may be raised upon a showing that it was not reasonably possible with due diligence to have raised such matter during the public comment process or for good cause shown.

(d)Process for Requesting an Adjudicatory Hearing. A written request for an adjudicatory hearing shall be filed or postmarked within 21 days from the date the Department issues its RCC permit decision. The adjudicatory hearing request shall be in the form of a notice of claim and shall comply with all the requirements of 310 CMR 1.01: Adjudicatory Proceeding Rules for the Department of Environmental Protection. The person requesting the adjudicatory hearing shall send a copy of the request for adjudicatory hearing by first class mail or hand delivery, to the applicant and to any person who has submitted an electronic or mailing address with timely written comments to the Department.

(e)Timeline and Procedures for Adjudicatory Hearing.

1.Pre-screening and Motions.

a. Upon receipt of the notice of claim, the presiding officer will schedule a prescreening conference to be conducted pursuant to 310 CMR 1.01(5)(a)15. and will send notice to all parties. Such prescreening conference will presumptively occur not more than 30 days after the notice of claim is filed. As used in 310 CMR 16.05(6)(e)1. through 4., "presumptively" means that the timeline is binding, absent extraordinary circumstances, in which case the presiding officer has authority to extend the timeline.

b. Any person who intervenes after filing of the notice of claim shall promptly receive the notice of the prescreening conference, but any intervention shall not change the schedule of the prescreening conference or the hearing.

c. Any party may file a motion to dismiss or for summary decision prior to the prescreening conference or by a date set by the presiding officer at the prescreening conference. Motions will not change the schedule of the prescreening conference or the hearing.

d. Upon notice to the parties, the presiding officer may provide an opportunity at the prescreening conference for a simplified hearing conducted pursuant to 310 CMR 1.01(8)(a): Simplified Hearing.

e. If the presiding officer determines an appeal to be major or complex, he or she will adjust the schedule either by extending it up to 30 days or by taking the matter ahead of other cases.

f. Every party must attend and be prepared to discuss settlement and the narrowing of issues at the prescreening conference. At the conclusion of the prescreening conference or shortly thereafter, the presiding officer shall prepare and send to all parties a prescreening conference report for any appeal not resolved in prescreening. The prescreening conference report shall contain a list of issues that are in dispute, are legally relevant and are to be addressed in the parties' direct and rebuttal cases.

g. The presiding officer may rule on the timeliness, standing and compliance with the requirements of 310 CMR 16.05(6)(e), sua sponte or in response to a motion, and provide a prompt ruling to the parties.

2.Pre-filed Testimony.

a. A petitioner must file its direct case with the Department and serve a copy on every party no later than 45 days after the prescreening conference. In its direct case, the petitioner must establish the legal and factual basis for its position on the issues identified by the presiding officer in the prescreening report. Failure to do so will result in a waiver of petitioner's direct case for that issue. In addition, the direct case at a minimum shall include:

i. a description of the subject matter of the Department's RCC permit decision; and

ii. credible evidence from a competent source in support of each claim of factual error, including any relevant expert report(s), plan(s), or photograph(s).

b. A respondent that seeks to support or defend the Department's RCC permit decision shall file and serve on all parties a direct case within 30 days of the filing of the petitioner's direct case. The response shall, at a minimum, include a rebuttal to the petitioner's direct case setting forth the legal and factual basis supporting the Department's RCC permit decision, including relevant statutory and regulatory citations and evidentiary support consisting of credible evidence from a competent source and any affirmative defenses and evidentiary support for them.

c. An intervenor that contests the Department's RCC permit decision shall file a direct case that conforms to 310 CMR 16.05(6)(e)2.a. no later than the due date of the petitioner's direct case. An intervenor that supports the Department's RCC permit decision shall file a direct case that conforms to 310 CMR 16.05(6)(e)2.b. no later than the due date of the respondent's direct case.

d. The petitioner or an intervenor aligned with the petitioner may file rebuttal evidence no later than seven days after the filing of the direct case by the respondent or any intervenor aligned with the respondent. The rebuttal evidence shall be limited to countering evidence submitted in a respondent's or intervenor's direct case and shall be served on all parties.

3.Hearing.

a. Upon receipt of the notice of claim, the Department will schedule a hearing and will send notice to all parties. A hearing will be held presumptively within 120 days after the notice of claim is filed.

b. The presiding officer shall conduct a hearing. At the hearing, the parties' direct cases shall consist of, and be limited to, the evidence contained in their respective direct cases and rebuttal evidence, subject to evidentiary rulings of the presiding officer. The primary function of the hearing shall be cross-examination of witnesses and, at the presiding officer's discretion, an oral closing argument. The hearing shall be limited to one day, unless the presiding officer finds that there is good cause for a longer hearing.

4.Final Action. The presiding officer shall issue a written recommended final decision, presumptively within 30 days after the close of the hearing that shall include findings on the contested issues. The Commissioner shall issue a final decision consistent with 310 CMR 1.01(14)(b): Final Decisions, presumptively within six months of the filing of the notice of claim, or in the case of an appeal deemed major or complex in which the schedule was extended, in accordance with the extended schedule. Should a party request a tentative decision, the request shall be governed by 310 CMR 1.01(14)(a): Recommended Decisions and Tentative Decisions, and the schedule for completion of proceedings shall be extended to accommodate such request.

(f)Relationship to Other Rules of Adjudicatory Proceedings. To the extent there is conflict between the regulations governing appeals set forth in 310 CMR 16.05(6) and the Rules of Adjudicatory Proceedings set forth in 310 CMR 1.01: Adjudicatory Proceeding Rules for the Department of Environmental Protection the former shall prevail.

(7)RCC Permit Modifications.

(a) The proponent shall notify the Department and the board of health of proposed changes in design or operations where:

1. the owner or operator intends to recycle, compost or convert material(s) substantially different from those materials for which the RCC permit was granted;

2. the design and/or management of the operation is to be altered;

3. the owner or operator proposes to increase the volume or quantity of materials to be handled by the operation above that volume or quantity established in the RCC permit; or

4. as otherwise specified in the RCC permit.

(b) Where the Department determines that the change in design or operation is significant, the Department may require the submittal of a revised RCC permit application, with a copy submitted to the board of health, for review. Review of such revised RCC permit modification application shall be as if it were an initial RCC permit application.

(c) Where the Department issues a decision on a modification to an existing RCC permit, any person requesting an adjudicatory hearing pursuant to 310 CMR 16.05(6) may raise in such request only those issues relating to the modification of the RCC permit.

(8)Demonstration Project for Recycling, Composting or Converting Recyclable or Organic Material. The Department may approve a project to demonstrate innovative recycling, composting or conversion projects as provided in 310 CMR 16.05(8)(a) through (d).

(a)General Conditions. The following conditions shall apply to any demonstration project approved pursuant to 310 CMR 16.05(8):

1. the materials to be processed shall be limited to the recyclable or organic materials permitted to be processed by operations set forth at 310 CMR 16.05; and

2. a project shall be limited to a specified time period not to exceed two years from the date of approval, after which time the project shall terminate unless an extension is granted in writing by the Department or applicable state and local permits are obtained.

(b)Application. An applicant shall submit an application to conduct a recycling, composting or conversion demonstration project to the Department, with a copy to the board of health. The application shall contain:

1. the information described at 310 CMR 16.05(2) as required by the Department;

2. the proposed duration of the demonstration project; and

3. a description and schedule of interim and final reports to be submitted to the Department describing and evaluating the project.

(c)Review Criteria. The Department shall consider the following criteria when determining whether to allow the demonstration project:

1. the potential for adverse impacts taking into account the type and amount of recyclable and organic materials, the project location, the design and operating controls, the management practices and the owner's and operator's experience;

2. whether the activity can be carried out in a manner that prevents an unpermitted discharge of pollutants to air, water or other natural resources of the Commonwealth, does not create a public nuisance; and does not present a significant threat to public health, safety or the environment;

3. the likelihood of obtaining useful, new information in the time frame proposed for the demonstration project; and

4. the ability of the applicant to appropriately use or dispose of all project materials once the demonstration project has been completed.

(d)Review Process. The Department shall follow the procedure described at 310 CMR 16.05(5) when issuing its decision on whether to allow the demonstration project.

310 CMR, § 16.05