Code of Maine Rules › 06 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 096 - DEPARTMENT OF ENVIRONMENTAL PROTECTION - GENERAL › Chapter 856 - LICENSING OF HAZARDOUS WASTE FACILITIES › Section 096-856-11 - Requirements for Facilities Licensed Under the Abbreviated License Process

Current through 2024-29, July 17, 2024
NOTE: The Abbreviated License Process is a license by rule
				  provision or shortened licensing process in which the license is approved by
				  the Department (i.e., Commissioner or Commissioner's designee) instead of
				  approved by the Board, is not subject to the full application requirements
				  pursuant to Sections
				  10(A)(1) and
				  10(B) of this
				  Chapter, and is not subject to the full hazardous waste facility requirements
				  pursuant to 06-096 C.M.R. ch. 854, §
									6(A). The Department
				  has developed abbreviated activity-specific applications for the Abbreviated
				  Licenses in lieu of the full application requirements of Section
				  10 of this Chapter.
A. The Department may grant a license under
				the abbreviated license process to the following facilities for the specified
				activity if the owner or operator submits an application and meets the
				requirements of Section 11(C) of this Chapter and, for the specified type of
				facility in this Section below, if all the conditions listed are met:
(1) Elementary neutralization unit. The owner
				or operator of such a unit:
(a) Complies with
				06-096 C.M.R. ch. 854, §
											6(D);
(b) Prevents the unknowing entry, and
				minimizes the possibility for the unauthorized entry, of persons or livestock
				into or onto the elementary neutralization until, unless:
(1) Physical contact with the waste contained
				in the unit will not injure unknowing or unauthorized persons or livestock
				which may enter the unit, and
(2)
				Disturbance of the waste or equipment by the unknowing or unauthorized entry of
				persons or livestock into or onto the unit will not cause a violation of the
				requirement of this section;
(c) Inspects the elementary neutralization
				unit for malfunctions and deterioration, operator errors, and discharges which
				may be causing -- or may lead to -- (1) unauthorized release of hazardous waste
				to the environment, or (2) a threat to human health. The owner or operator
				shall conduct these inspections often enough to identify problems in time to
				correct them before they harm human health or the environment;
(d)
(1)
				Develops and follows a written schedule for inspecting all monitoring
				equipment, safety and emergency equipment, security devices, and operating and
				structural equipment (such as tank walls and pumps) that are important to
				preventing environmental or human health hazards;
(2) The owner/operator shall keep this
				schedule at the facility;
(3) The
				schedule must identify the types of problems (e.g., malfunctions or
				deterioration) which are to be looked for during the inspection (e.g.,
				inoperative pump, leaking fitting, heavy corrosion);
(4) The frequency of inspection may vary for
				the items on the schedule. It should be based on the rate of possible
				deterioration of equipment and the probability of an environmental or human
				health incident if any deterioration or malfunction or operator error goes
				undetected between inspections;
(5)
				The owner or operator shall remedy any deterioration or malfunction of
				equipment or structures detected in an inspection. This must be done on a
				schedule which ensures that the problem does not lead to an environmental or
				human health hazard. Where a hazard is imminent or has already occurred,
				remedial action must be taken immediately; and
(6) The owner or operator shall record
				inspections in an inspection log. The owner or operator shall keep these
				records for at least three years from the date of inspection. At the minimum,
				these records must include the date and time of each inspection, the name of
				the inspector, a recording of the observations made, and the date and nature of
				any repairs or other remedial actions taken as a result of inspection
				observations;
(e)
				Ensures that the treatment process conducted in the unit does not:
(1) Generate extreme heat or pressure, fire
				or explosion, or violent reaction;
(2) Produce uncontrolled toxic mists, fumes,
				or gases in sufficient quantities to threaten human health;
(3) Produce uncontrolled flammable fumes or
				gases in sufficient quantities to threaten human health;
(4) Damage the structural integrity of the
				tank or equipment containing the waste; or
(5) Through like means threaten human health
				or the environment;
(f)
				Shall not place treatment reagents in an elementary neutralization unit if they
				could cause the unit or any of its equipment to rupture, leak, abnormally
				corrode, or otherwise fail before the end of its intended life;
(g) Shall ensure the unit is constructed of
				sturdy, leakproof material and designed, constructed and operated so as to
				prevent hazardous wastes from being spilled or leaked into or on any land or
				water during the operating life of the unit;
(h) Complies with the requirements of
				06-09 6 C.M.R. ch. 857, § 9, and
				06-096 C.M.R. ch. 854, §§
											6(C)(10)(a),
				6(C)(12) and
				6(C)(13);
(i) Removes all hazardous waste and hazardous
				waste residues from the unit at closure;
(j) Submits within 14 days after any spill or
				leakage of hazardous waste from an elementary neutralization unit, a written
				report to the Department which contains the following information:
(1) Name, address, and telephone number of
				the owner or operator;
(2) Names,
				address, and telephone number of the facility;
(3) Date, time, and nature of the
				incident;
(4) Name and quantity of
				material(s) involved;
(5) The
				extent of injuries, if any;
(6) An
				assessment of actual or potential hazards to human health or the environment,
				where this is applicable; and
(7)
				Estimated quantity and disposition of recovered material that resulted from the
				incident;
(k) Reports
				verbally to the Department within 24 hours of any spill or leakage of hazardous
				waste from an elementary neutralization unit; and
(l) Contains any spilled corrosive material
				from the unit, and assesses the possibility for reuse of the spilled material
				in the manufacturing process. If the owner or operator is unable to reuse the
				material in the manufacturing process, and desires to manage the spilled
				material in its wastewater treatment system, the owner or operator shall obtain
				prior permission from the Department to meter the waste to an on-site treatment
				plant designed to handle corrosive wastes.