Code of Maine Rules › 06 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 096 - DEPARTMENT OF ENVIRONMENTAL PROTECTION - GENERAL › Chapter 854 - STANDARDS FOR HAZARDOUS WASTE FACILITIES › Section 096-854-6 - General Standards

Current through 2024-29, July 17, 2024
A. The standards
				set forth in this section are applicable to all waste facilities for hazardous
				waste, except as specifically provided otherwise in this Chapter or in 06-096
				C.M.R. ch. 856. An applicant for a license must demonstrate in the application
				that the facility has been designed, will be established, constructed or
				altered and will operate in compliance with these standards. A licensee must
				operate the facility so as to comply with these standards.
B. The plans, specifications, descriptions
				and other documentation submitted by the applicant in support of the
				application and approved by the Board in issuing the license constitute terms
				of the license which must be complied with by the licensee. These plans,
				specifications, descriptions and other documentation include, without
				limitation, those required by 06-096 C.M.R. ch. 856, §
									10 and this Chapter.
C. The facility must be established,
				constructed, altered and operated in compliance with the following
				requirements:
(1) This Chapter;
(2) 40 C.F.R. §264.12, Required Notices,
				except that the phrase "of this Part and Part 270 of this chapter" in 40 C.F.R.
				§264.12(c) shall mean "of this Chapter and 06-096 C.M.R. ch.
				856";
(3) 40 C.F.R. §264.13,
				General Waste Analysis, except that all references to 40 C.F.R. Part 268 or
				sections or subparts thereof shall mean 06-096 C.M.R. ch. 852, all references
				to "this part" shall mean this Chapter, the phrase "Part 270 and Part 124 of
				this chapter" found in 40 C.F.R. §264.113(d) when referenced in 40 C.F.R.
				§264.13(a)(1) shall mean 06-096 C.M.R. ch. 856, all references to Part 261
				shall mean 06-096 C.M.R. ch. 850, the references to 40 C.F.R.
				§§264.17, 264.314, 264.341, 264.1034(d), 264.1063(d), 264.1083 shall
				mean this Chapter and the reference to 40 C.F.R. §268.7 shall mean 06-096
				C.M.R. ch. 852, and the reference to 40 C.F.R. §260.22 in 40 C.F.R.
				§264.13(b)(7) (iii) shall mean 06-096 C.M.R. ch. 850;
(4) 40 C.F.R. §264.14,
				Security;
(5) The daily inspection
				requirements of 06-096 C.M.R. ch. 856, §
										10(B)(3) and General
				Inspection Requirements of 40 C.F.R. §§264.15(a), 264.15(b)(1) -(4),
				264.15(c) and 264.15(d), except that any references to sections of 40 C.F.R.
				Part 264 shall mean this Chapter;
(6) 40 C.F.R. §264.16, Personnel
				Training. In addition, the training program must be approved by the Department
				prior to operation of the facility;
(7) 40 C.F.R. §264.19, Construction
				quality assurance program, as applicable to all surface impoundments, waste
				piles, and landfill units, except that references to provisions of Part 264
				mean analogous provisions of this Chapter and references to Part 270 shall mean
				Chapter 856.
(8) 40 C.F.R.
				§§264.17, 264.31-264.37, Preparedness and Prevention, except that
				references to 40 C.F.R. §264.13 shall mean Section 6(C)(3) of this
				Chapter. In addition, the precautions required to be taken by 40 C.F.R.
				§264.17 must meet applicable requirements of codes, standards and rules of
				the Department of Public Safety (State Fire Marshal's Office); the aid
				agreements required by 40 C.F.R. §264.37 must be in writing, on file with
				each party to the agreement and with the Department, readily accessible to
				facility personnel, and reviewed and updated annually; and the facility owner
				or operator shall provide copies of the agreement to all parties thereto and
				shall file a copy with the Department prior to the commencement of operation of
				the facility and upon each update of the agreement;
(9) 40 C.F.R. §§264.51-264.56,
				Contingency Plan and Emergency Procedures, except that the reference in 40
				C.F.R. §264.52(b) to "Part 112 of this chapter" shall read "Part 112 of
				EPA regulations";
NOTE: Applicable facilities must also comply with 06-096
				  C.M.R. ch. 856, §
											13(A)(14).
(10) The owner or operator must keep a
				written record at the facility. The following information must be recorded, as
				it becomes available, and maintained in the operating record as required in 40
				C.F.R. §264.73 and Appendix I to 40 C.F.R. Part 264:
(a) A description and the quantity of each
				hazardous waste received, and the method(s) and date(s) of its treatment,
				storage, or disposal at the facility as required by Appendix I to 40 C.F.R.
				Part 264, except that references to 40 C.F.R. §264.73 shall mean Section
				6(C)(10) of this Chapter, and references to Part 261 or sections or subparts
				thereof shall mean 06-096 C.M.R. ch. 850;
(b) The information specified in 40 C.F.R.
				§264.73(b)(2) -(19), except that all references to Part 264 or subparts or
				sections thereof shall mean the applicable provisions of this Chapter and all
				references to Part 268 or subparts or sections thereof shall mean the
				applicable provisions of 06-096 C.M.R. ch. 852;
(11) 40 C.F.R. §264.74, Availability,
				Retention, and Disposition of Records, except that the reference to 40 C.F.R.
				§264.73(b)(2) shall mean Section 6(C)(10)(b) of this Chapter;
(12) 40 C.F.R. §264.75, Annual Report,
				except that references to sections within 40 C.F.R. Part 264 shall mean this
				Chapter, other comparable forms may be required by the Department, and the
				report must be prepared and submitted annually no later than March
				1st for the preceding calendar year;
(13) 40 C.F.R. §264.76, Unmanifested
				Waste Report, except that the reference to 40 C.F.R. §263.20(e) shall mean
Hazardous Waste Manifest Requirements
, 06-096 C.M.R. ch. 857,
				§
										8(B) and the phrase
				"if the waste is not excluded from the manifest requirement by this chapter" is
				deleted;
(14) In addition to
				submitting annual reports and unmanifested waste reports as specified in
				Sections 6(C)(12) and 6(C)(13) of this Chapter, the owner/operator must comply
				with 40 C.F.R. §264.77 and report to the Department any releases, fires,
				and explosions as specified in Section 6(C)(9) of this Chapter, and report to
				the Department any facility closures and other information as required by this
				Chapter or deemed necessary by the Department for effective management of
				wastes, including reports concerning quantities and handling of hazardous
				waste;
(15) 06-096 C.M.R. ch. 857
				Manifest Requirements; and all applicable requirements of transboundary
				movement of hazardous waste in accordance with 40 C.F.R. §262 Subpart
				H;
(16) 40 C.F.R.
				§§264.111-264.115, closure for all facilities, and 40 C.F.R.
				§§264.116-264.120 post-closure requirements for all disposal
				facilities, and waste piles, surface impoundments, and tanks closing as
				landfills, except that:
(a) References to
				other sections or subparts of 40 C.F.R. Part 264 shall mean this
				Chapter;
(b) References to 40
				C.F.R. Part 270 or Part 124, or sections or subparts thereof, shall mean 06-096
				C.M.R. ch. 856;
(c) References to
				40 C.F.R. Part 262 shall mean 06-096 C.M.R. ch. 851;
(d) 40 C.F.R. §§264.112(b)(8),
				264.112(c)(2) (iv), 264.112(e), 264.118(b)(4) and 264.118(d)(2)(iv) shall be
				deleted;
(e) Certification of
				closure of any unit (not just land disposal units as provided in 40 C.F.R.
				§264.115 ) used to handle hazardous wastes is required within 60 days of
				completion of closure; and
(f) The
				notification of closure required by 40 C.F.R. §264.112(d) must be provided
				at least 180 days prior to the date on which closure is expected to
				begin.
(17) The
				financial requirements of 40 C.F.R. §§264.141-264.143 and
				264.147-264.151 for all facilities, and 40 C.F.R. §264.144-264.146 for all
				facilities subject to post-closure requirements, except that:
(a) References to other sections or subparts
				of 40 C.F.R. Part 264 shall mean this Chapter.
(b) References to sections or subparts of 40
				C.F.R. Part 265 shall mean 06-096 C.M.R. ch. 855.
(c) References to section 3008 of RCRA shall
				mean applicable Board or Department procedures.
(d) References to sections or subparts of 40
				C.F.R. Parts 124 or 270 shall mean 06-096 C.M.R. ch. 856.
(e) Liability coverage must not be
				demonstrated through a financial test or corporate guarantee, therefore 40
				C.F.R. §§264.147(a)(2), 264.147(b)(2), 264.147(f), and 264.147(g);
				and 40 C.F.R. §§264.151(g) and (h)(2) are deleted and are not
				incorporated by reference; and combinations of coverage must not include the
				financial test or corporate guarantee.
(f) When a financial test is selected as the
				method of providing closure or post-closure assurance, the applicant must
				include in the application the most current copy of Form 10K as filed with the
				Securities and Exchange Commission or equivalent financial information. A
				current copy of Form 10K or equivalent financial information must be submitted
				to the Department with the annual fee each year for the term of the
				license.
(g) Any trust agreement
				must provide that the trustee is prohibited from investing trust funds in
				Commodities, Real Estate Investment Trusts (REITs), Corporate or Municipal
				Bonds which have not received the highest rating by Moody's Investment Service
				or Standard & Poor's, equity shares of firms which are not subject to
				regulation by the Securities and Exchange Commission, Foreign Currency
				speculation or in any other investment vehicle that is not consistent with the
				"Prudent Investor" concept as it would apply to assuring that funds are
				available for carrying out a future activity with vital public interest. The
				agreement must also provide that primary consideration in making investments
				must be given to prompt liquidity and face value of assets held in
				trust.
(h) The owner or operator
				must pay into a closure or post-closure trust fund according to the following
				requirements:
(i) The owner or operator shall
				deposit 25 percent of the sum required into the trust fund on the date the
				facility license is issued. The license is not effective until the deposit is
				made.
(ii) The remaining 75 percent
				of the sum required, adjusted for inflation, must be deposited in the trust
				fund in equal installments on or prior to the anniversary of the date upon
				which the license was issued, in each remaining year of the term of the
				license. The license remains in effect only if each deposit is made. The
				obligation to make deposits ceases only upon an approved transfer of the
				license or upon full payment.
(iii)
				After the last annual deposit to the trust fund, subsequent annual deposits to
				account for inflation must be made over the life of the facility. The license
				remains in effect only if these deposits are made. The obligation to make
				deposits ceases only upon an approved transfer of the license or upon
				accomplishment of closure.
(iv) If
				the Department determines that the costs of closure or post-closure are
				increased, it may require the owner or operator to deposit additional funds
				into the trust fund by single deposit or according to a schedule. If according
				to a schedule, adjustment for inflation must be made for each deposit after the
				first. The license remains in effect only if the additional deposits are made.
				The obligation to make deposits ceases only upon an approved transfer of the
				license or full payment or upon accomplishment of closure or termination of the
				post-closure care period.
(v) If a
				license is suspended or revoked, the Department may require deposits to be made
				according to Section 6(C)(17)(h)(i) through (iv) of this Chapter or may impose
				an accelerated schedule or may require immediate full payment, with adjustment
				for estimated inflation.
(vi) When
				computing the annual inflation adjustment for closure or post-closure trust
				funds, the owner or operator must use the Implicit Price Deflator for Gross
				National Product as published by the Bureau of Economic Analysis (BEA) of the
				U.S. Department of Commerce.
NOTE: Example Computation:
2020(Q1) Implicit Price Deflator 113.375
2019(Q1) Implicit Price Deflator 111.388
113.375/111.388 = 1.018 Adjustment Factor
Assuming that the initial closure cost estimate, prepared in
				  2019, was $250,000, then $250,000 x 1.018 = $254,500 (new adjusted closure cost
				  requirement). The licensee would then be required to adjust the monetary value
				  of the funding instrument to reflect the new adjusted monetary amount, or
				  portion thereof. The Implicit Price Deflator values used in this example are
				  based on an index number in which year 2012 = 100. BEA periodically updates the
				  index year.
(i)
				The owner or operator must submit with the application and must submit annually
				thereafter proof of liability insurance for the facility for sudden and
				accidental occurrences. Coverage must be provided during active life and
				closure and, where wastes will remain on the facility property after closure,
				during the post-closure period. The level of coverage must be at least one
				million dollars per occurrence and two million dollars annual aggregate, unless
				because of a greater risk a higher minimum is required by the Board for a
				particular facility.
NOTE: The liability insurance requirements (40 C.F.R.
				  §264.147 ) are in addition to the financial assurance requirements for
				  closure (40 C.F.R. §264.143 ) and post-closure (40 C.F.R.
				  §§264.145 ).
(j)
				The owner or operator of a facility that utilizes a landfill, land treatment,
				surface impoundment or underground storage in tanks to handle hazardous waste
				or of a facility where hazardous waste will or is likely to remain on the
				facility property after closure must submit with the application and must
				submit annually thereafter proof of liability insurance for the facility for
				non-sudden and accidental occurrences. Coverage must be provided during active
				life and for so long as any waste remains on the facility property but for no
				longer than the post-closure period. The level of coverage must be at least
				three million dollars per occurrence and six million dollars annual aggregate,
				unless because of a greater risk a higher minimum is required by the Board for
				a particular facility.
(k) Wording
				of liability insurance endorsements must be identical to the wording contained
				in 40 C.F.R. §264.151(i) except that subparagraph 2(b) of the endorsement
				must read: "The Insurer is liable for the payment of amounts within any
				deductible applicable to the policy, with a right of reimbursement by the
				insured for any such payment made by the Insurer."
(l) All liability insurance coverage amounts
				must be exclusive of legal defense costs.
(m) A financial test may not be utilized in
				lieu of liability insurance nor may an owner or operator self-insure. If
				liability insurance is unavailable, a $2,000,000 letter of credit drawn on a
				reputable bank, the terms of which the Department must approve, may be utilized
				in lieu of liability insurance for sudden and accidental occurrences.
(n) If a liability insurance policy is
				written as a "claims made" policy, an endorsement must provide for a discovery
				period of at least twelve (12) months beyond the date of expiration or
				cancellation of the policy. The endorsement must also provide that the
				underwriter will notify the public according to the requirements below:
(i) At least sixty (60) days prior to the
				date upon which the policy will expire or be canceled, give written
				notification to all owners of property abutting the facility and to the chief
				elected official in the municipality in which the facility is located and in
				each of the municipalities immediately abutting the municipality in which the
				facility is located, that insurance for the facility will expire or be
				canceled, giving date of expiration or cancellation, and that claims against
				the insured must be filed within twelve (12) months from the date of expiration
				or cancellation, specifying where and how claims can be filed;
(ii) During the first, third, sixth and ninth
				month subsequent to the date of expiration or cancellation, place in each of
				the State's major newspapers (Portland Press Herald, Bangor Daily News,
				Lewiston Sun, Kennebec Journal, and Waterville Sentinel) and in all local
				newspapers published or widely distributed in the municipality where the
				facility is located an advertisement designed to attract notice and containing
				the information specified in (i) above.
(18) 06-096 C.M.R. ch. 851, §§
										8(A)  and
				8(B), Pre-Transport
				Requirements.
(19) 40 C.F.R.
				§264.101, Corrective Action for Solid Waste Management Units.
(20) Applicable air emission standards of 40
				C.F.R. Part 264, Subparts AA, BB, and CC and all other requirements of this
				Chapter.
NOTE: If any standard of 40 C.F.R. Part 264, Subparts AA, BB,
				  and CC conflicts with any requirement of this Chapter, including the
				  "Additional Standards Applicable to Hazardous Waste Incinerators" in Section
				  13 of this Chapter, then the facility
				  must comply with the more stringent requirement.
(21) When environmental investigation or
				monitoring data, or reports interpreting environmental investigation or
				monitoring data, are submitted to the Department, the submittal must be
				accompanied by one or more electronic Environmental Data Deliverables (EDDs)
				containing all data in formats specified by the Department in accordance with
				Maine's
Uniform Electronic Transaction Act
, 10 M.R.S.
				§9418(2)(A). This applies to data for all environmental media and waste
				materials. The data includes but is not limited to laboratory analytical data,
				field analytical data and monitoring parameters, water level and water flow
				data.