Code of Maine Rules › 06 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 096 - DEPARTMENT OF ENVIRONMENTAL PROTECTION - GENERAL › Chapter 853 - LICENSING OF TRANSPORTERS OF HAZARDOUS WASTE › Section 096-853-8 - Standard Conditions

Current through 2024-29, July 17, 2024
All licenses issued under this Chapter are subject to the
				  following standard conditions:
A. A
				licensee shall hold all other local (as they relate to Maine business
				locations), state and federal permits, licenses and certifications as are
				necessary for the activity licensed hereunder, and shall comply with all state
				and federal law and rules applicable to the license activity.
B. A licensee shall have in force at all
				times liability insurance coverage with limitation of liability appropriate for
				the license activity and for the risk involved.
C. A licensee shall comply with all
				applicable state and federal requirements regarding the use of a manifest for
				transportation of hazardous wastes including the requirements of 06-096 C.M.R.
				ch. 857; and comply with 40 C.F.R. Part 262 Subpart H and 40 C.F.R.
				§§263.20(a)(2) and 263.20(g) regarding the transboundary movement of
				hazardous waste.
D. A licensee
				shall comply with all state and federal inspection and training requirements as
				may from time to time be applied by law or rule to the license
				activity.
E. In the event of a
				discharge of hazardous waste in any amount during transportation, the licensee
				shall take immediate appropriate action to protect public health and safety and
				the environment and shall immediately report the discharge to the Maine
				Department of Public Safety (State Police) by calling 1-800-452-4664 or (207)
				624-7076 and, where required, shall report as provided in 06-096 C.M.R. ch.
				857, §§8(J)(3) -(6) of the Department's rules.
F. A licensee who is the owner or lessee of a
				licensed conveyance or the owner or operator of a licensed business shall have
				a plan for the cleanup of discharges of hazardous wastes which the licensee or
				the licensee's business transports and shall have the capability to carry out
				such a plan. The plan must include the emergency telephone numbers in Section
				8(E) of this Chapter. The operator of a conveyance shall be familiar with the
				cleanup plan for the conveyance and for the wastes in the conveyance which the
				licensee is operating and shall be capable of carrying out the applicable parts
				of the plan. A copy of such plan must be in the possession of the operator of a
				conveyance during the transportation of hazardous waste.
G. A licensee shall not accept for transport
				or transport hazardous wastes which are unlabeled or which are in damaged,
				bulging, leaking, unsuitable or otherwise unsafe containers, nor accept for
				transport or transport any wastes which are incompatible with each other such
				that a danger to public health or safety or the environment could result from
				their being transported together.
H. It is the duty of a licensee to ensure
				that the license activity be carried out in safety and without creating or
				threatening danger to public health or safety. A licensee shall ensure that all
				of the methods, equipment and personnel are adequate and capable to this
				end.
I. A licensee agrees to
				provide to the Department and to public safety agencies all information
				necessary for response to emergency situations involving license activity and
				to assist the Department in obtaining compliance with this Chapter.
J. A licensee shall be considered a generator
				of hazardous waste and shall comply with the requirements of 06-096 C.M.R. ch.
				851 of the Hazardous Waste Management Rules if the licensee transports
				hazardous waste into or through the State of Maine from a foreign
				country.