Code of Maine Rules › 06 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 096 - DEPARTMENT OF ENVIRONMENTAL PROTECTION - GENERAL › Chapter 856 - LICENSING OF HAZARDOUS WASTE FACILITIES › Section 096-856-13 - License Terms and Conditions

Current through 2024-29, July 17, 2024
A. The following
				standard conditions will apply to all licenses issued under this Chapter:
(1) Relation of license to application. The
				plans, specifications, descriptions and other documentation submitted by the
				licensee in support of the application and approved by the Department in
				issuing the license constitute terms of the license which must be complied with
				by the licensee. Any variation or change in the plans, specifications,
				descriptions or other documentation must be approved by the Department prior to
				implementation. Upon completion of any construction or alteration approved by
				the Department, the licensee shall submit to the Department a written
				certification by a registered professional engineer that the facility has been
				constructed or altered in accordance with the terms of the license.
NOTE: Variations or changes in the plans, specifications,
				  descriptions or other documentation which alter, modify or substantially expand
				  a facility must be approved by the Department prior to implementation, and are
				  usually approved through a license modification or license amendment in
				  accordance with 06-096 C.M.R. Ch. 2.
(2) Duty to comply. The licensee shall comply
				with all conditions of the license. Any noncompliance constitutes a violation
				of law and is grounds for enforcement action, for license suspension or
				revocation or for denial of a renewal application.
(3) Duty to reapply. If the licensee wishes
				to continue an activity regulated by this license after the expiration date of
				this license, the licensee shall apply for and obtain a new license.
(4) Duty to halt or reduce activity. It shall
				not be a defense for a licensee in an enforcement action that it would have
				been necessary to halt or reduce the licensed activity in order to maintain
				compliance with the conditions of this license.
(5) Duty to mitigate. The licensee shall take
				all reasonable steps to minimize or correct any adverse impact on human health
				or the environment resulting from noncompliance with this license.
(6) Proper operation and maintenance. The
				licensee shall at all times properly operate and maintain all facilities and
				systems which are installed or used by the licensee to achieve compliance with
				the conditions of this license. Proper operation and maintenance includes
				effective performance, adequate funding, adequate operator staffing and
				training, and adequate laboratory and process controls, including appropriate
				quality assurance procedures. This provision requires the operation of back-up
				or auxiliary facilities or similar systems only when necessary to achieve
				compliance with the conditions of the license.
(7) License actions. This license may be
				modified, suspended or revoked by the Department for cause, including but not
				limited to where the standards or regulations on which the license was based
				have been changed by statute, through promulgation of new or amended standards
				or regulations, or by judicial decision after the license was issued. The
				filing of a request by the licensee for a license modification does not stay
				any license condition.
(8) Property
				rights. This license does not convey any property rights of any sort, or any
				exclusive privilege.
(9) Duty to
				provide information. The licensee shall furnish to the Commissioner, within a
				reasonable time, any information which the Commissioner may request to
				determine whether cause exists for modifying, suspending or revoking this
				license or to determine compliance with this license. The licensee shall also
				furnish to the Commissioner, upon request, copies of records required to be
				kept by the licensee and not otherwise required to be filed with the
				Department.
(10) Monitoring and
				records
(a) Samples and measurements taken for
				the purpose of monitoring must be representative of the monitored
				activity.
(b) The licensee shall
				retain records of all monitoring information, including all calibration and
				maintenance records and all original strip chart recordings for continuous
				monitoring instrumentation, copies of all reports required by this license, the
				certification required by 06-096 C.M.R. ch. 854, §
											6(C)(10)(b), and
				records of all data used to complete the application for this license, for a
				period of at least 10 years from the date of the sample, measurement, report or
				application unless otherwise specified in this Chapter or 06-096 C.M.R. ch.
				854. This period may be extended by request of the Commissioner at any time and
				is automatically extended for the period of any enforcement action. The
				licensee shall maintain records from all ground water monitoring wells and
				associated ground water surface elevations, for the life of the facility, and,
				for disposal facilities, for the post-closure care period as well.
(c) Records of monitoring information must
				include:
(i) The date, exact place, and time
				of sampling or measurements;
(ii)
				The individual(s) who performed the sampling or measurements;
(iii) The date(s) analyses were
				performed;
(iv) The individual(s)
				who performed the analyses;
(v) The
				analytical techniques or methods used; and
(vi) The results of such analyses.
(11) Transfers. This
				license is not transferable to any person except with the prior approval of the
				Department, upon demonstration that the transferee is able to comply with the
				license. The Department will require amendment of the license to change the
				name of the licensee and to incorporate such other requirements as may be
				necessary.
(12) Monitoring reports.
				All licenses must include the requirements specified in 40 C.F.R. §270.31,
				provided that references to 40 C.F.R. Parts 264, 266, or 267 shall mean 06-096
				C.M.R. ch. 854. Monitoring results must be reported to the Department at the
				intervals specified elsewhere in this license.
(13) Compliance schedules. Reports of
				compliance or noncompliance with, or any progress reports on, interim and final
				requirements contained in any compliance schedule of this license must be
				submitted no later than l4 days following each schedule date.
(14) Noncompliance and occurrence reporting.
				The licensee shall report any noncompliance, any release or discharge of
				hazardous waste and any fire or explosion at a facility. Information must be
				provided orally within 24 hours from the time the licensee becomes aware of the
				circumstances. A written submission must also be provided within 5 days, or
				with permission of the Commissioner within 15 days, of the time the licensee
				becomes aware of the circumstances. For noncompliance, the written submission
				must contain a description of the noncompliance, including exact dates and
				times, and if the noncompliance has not been corrected, the anticipated time it
				is expected to continue; and steps taken or planned to reduce, eliminate, and
				prevent recurrence of the noncompliance. For a release or discharge, fire or
				explosion the written submission must include:
(a) Name, address, and telephone number of
				the owner or operator;
(b) Name,
				address, and telephone number of the facility;
(c) Date, time, and type of
				incident;
(d) Name and quantity of
				waste(s) involved;
(e) The extent
				of injuries, if any;
(f) An
				assessment of actual or potential hazards to the environment and human health
				outside the facility, where this is applicable; and
(g) Estimated quantity and disposition of
				hazardous waste released or discharged.
(15) Other information. Where the licensee
				becomes aware that it failed to submit any relevant facts in a license
				application, or submitted incorrect information in a license application or in
				any report to the Commissioner, it shall promptly submit such facts or
				information.
(16) Signatory
				requirement. All applications, reports, or information submitted to the
				Commissioner must be signed by an authorized signatory. Any person signing such
				documents shall make the following certification:
"I certify under penalty of law that I have personally
				  examined and am familiar with the information submitted in this document and
				  all attachments thereto and that, based on my inquiry of those individuals
				  immediately responsible for obtaining the information, I believe that the
				  information is true, accurate, and complete. I am aware that there are
				  significant penalties for submitting false information, including the
				  possibility of fine and imprisonment."
(17) Commencement of Operation. For a new
				facility, the licensee may not commence handling of hazardous waste; and for a
				facility being altered or substantially modified the licensee may not handle
				hazardous waste in the altered or modified portion of the facility until:
(a) The licensee has submitted to the
				Commissioner by certified mail or hand delivery a letter signed by the licensee
				and a registered professional engineer stating that the facility has been
				constructed, altered or modified in compliance with the license; and
(b)
(i) The
				Commissioner has inspected the new, altered or modified facility and finds it
				is in compliance with the conditions of the license; or
(ii) If within 15 days of the date of
				submission of the letter required by (a) above, the licensee has not received
				notice from the Commissioner of the intent to inspect, then the inspection
				referenced in subparagraph (b)(i) above is waived and the licensee may commence
				handling of hazardous waste.
(18) Other Permits and Licenses. The licensee
				shall secure and comply with all applicable Federal, State and local licenses,
				permits, authorizations, conditions, agreements, and orders, prior to or during
				construction, alteration, modification and operation as appropriate.
(19) Bid Specification. A copy of this
				license must be included in or attached to all contract bid specifications for
				the facility.
(20) Contractor Copy.
				The licensee shall not direct or permit any work within the scope of this
				license to be done by a contractor until the licensee has given the contractor
				a copy of this license.
(21)
				Construction/Operation Within Two Years. If the construction or operation of
				the facility has not begun within two years, this license expires and the
				licensee shall reapply to the Department for a license. No construction or
				operation of the facility may be undertaken until a new license is granted. The
				new application must state the reasons why construction or operation was not
				begun within two years from the granting of the initial license and the reasons
				why construction or operation will begin within two years from the granting of
				a new license. The new application may incorporate, by reference, information
				submitted in the initial application, but must include all information required
				by law or rule at the time the new application is submitted.
(22) Annual Fee. The licensee shall pay the
				annual fee as required by 38 M.R.S. §1319- H(2) and subsection C, below.
				This license is not effective until and unless the annual fee has been
				paid.
(23) Annual Report. The
				licensee shall prepare and submit an annual report in accordance with 06-096
				C.M.R. ch. 854, §
										6(C)(12).
(24) 06-096 C.M.R. ch. 857, Manifest
				Requirements and Manifest Discrepancies. The licensee shall comply with all
				manifest requirements. If a discrepancy in a manifest is discovered, the
				licensee shall attempt to reconcile the discrepancy. If not resolved within
				fifteen days, the licensee shall immediately submit a letter report, including
				a copy of the manifest, to the Department.
(25) Inspection and entry. The licensee shall
				allow the Department, or an authorized representative, upon the presentation of
				credentials and other documents as may be required by law to:
(i) Enter at reasonable times upon the
				licensee's premises where a regulated facility or activity is located or
				conducted, or where records must be kept under the conditions of this
				license;
(ii) Have access to and
				copy, at reasonable times, any records that must be kept under the conditions
				of this license;
(iii) Inspect at
				reasonable times any facilities, equipment (including monitoring and control
				equipment), practices, or operations regulated or required under this license;
				and
(iv) Sample or monitor at
				reasonable times, for the purposes of assuring license compliance or as
				otherwise authorized by law or rule, any substance or parameters at any
				location.