reglab/statecodes huggingface dataset:
Code of Maine Rules › 06 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 096 - DEPARTMENT OF ENVIRONMENTAL PROTECTION - GENERAL › Chapter 855 - INTERIM LICENSES FOR WASTE FACILITIES FOR HAZARDOUS WASTE › Section 096-855-1 - Legal Authority

Current through 2024-29, July 17, 2024
This Chapter is authorized by and adopted under 38 M.R.S.
				  §§1301 through 1319-Y which directs the Board of Environmental
				  Protection to implement an interim licensing program for those waste facilities
				  for hazardous waste which were in existence on April 1, 1980, or are in
				  existence on the effective date of statutory or regulatory changes that first
				  render the facilities subject to hazardous waste licensing requirements,
				  including the requirements of this Chapter,
Standards for Hazardous
				  Waste Facilities
, 06-096 C.M.R. ch. 854, or
Licensing of
				  Hazardous Waste Facilities
, 06-096 C.M.R. ch. 856.
Code of Maine Rules › 06 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 096 - DEPARTMENT OF ENVIRONMENTAL PROTECTION - GENERAL › Chapter 855 - INTERIM LICENSES FOR WASTE FACILITIES FOR HAZARDOUS WASTE › Section 096-855-2 - Preamble

Current through 2024-29, July 17, 2024
It is the purpose of the Department of Environmental
				  Protection (Department), consistent with legislative policy, to provide
				  effective controls for handling of hazardous wastes. This Chapter establishes
				  requirements and procedures for the issuance, by the Board of Environmental
				  Protection, of interim licenses for hazardous waste facilities.
NOTE: Pursuant to 38 M.R.S. §341- A, Sections (2) and
				  (4), the term "Department" is defined to include the Board of Environmental
				  Protection and the Commissioner of the Department of Environmental Protection
				  (Commissioner). The term "Board" is used in this Chapter in reference to the
				  Board or a Board action, generally related to the Board's issuance of interim
				  hazardous waste facility licenses. The term "Department" is generally used in
				  this Chapter in reference to the Commissioner (or the Commissioner's designee)
				  and to the administration, oversight or monitoring of compliance with the
				  standards of this Chapter and the terms and conditions of interim licenses
				  issued by the Board.
Portions of this Chapter refer to federal regulations of the
				  United States Environmental Protection Agency (EPA). Unless otherwise
				  specified, the federal regulations referenced are those final regulations as
				  amended up to July 1, 2019, as they appeared in volume 40 of the Code of
				  Federal Regulations (C.F.R.) and are hereby incorporated by reference. Where
				  specifically stated, the terms of a referenced federal regulation are hereby
				  incorporated as terms of this Chapter, except that in regulations incorporated
				  thereby, "EPA" shall mean "the Maine Department of Environmental Protection
				  (Department)"; "Administrator", "Regional Administrator" and "Director" shall
				  mean the Maine Board of Environmental Protection, the Commissioner of the
				  Department of Environmental Protection or the Commissioner's designated
				  representative, as applicable; and the references to terms or phrases including
				  "treat", "store", or "dispose" shall mean "handle". In addition, where the
				  terms of federal regulations hereby incorporated by reference differ from or
				  are inconsistent with other terms of this Chapter or Maine's
Hazardous
				  Waste Management Rules
, 06-096 C.M.R chs. 850 - 860, the more
				  stringent of the requirements apply. Other changes to regulations incorporated
				  hereby are as expressly made in this Chapter.
Code of Maine Rules › 06 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 096 - DEPARTMENT OF ENVIRONMENTAL PROTECTION - GENERAL › Chapter 855 - INTERIM LICENSES FOR WASTE FACILITIES FOR HAZARDOUS WASTE › Section 096-855-3 - Persons Who Must Obtain Interim Licenses

Current through 2024-29, July 17, 2024
Any person, as defined in 38 M.R.S. section 361- A(4), who,
				  on April 1, 1980, owned or operated a hazardous waste facility or who owns or
				  operates a hazardous waste facility which is in existence on the effective date
				  of statutory or regulatory changes that first render the facility subject to
				  the hazardous waste licensing requirements, including requirements of this
				  Chapter, 06-096 C.M.R. ch. 854, or 06-096 C.M.R. ch.
				  856, is required to apply for and receive an interim license in order to
				  lawfully continue the operation of such facility, except for persons not
				  required to obtain a license under 06-096 C.M.R. ch. 856, sections 6 or 18.
Code of Maine Rules › 06 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 096 - DEPARTMENT OF ENVIRONMENTAL PROTECTION - GENERAL › Chapter 855 - INTERIM LICENSES FOR WASTE FACILITIES FOR HAZARDOUS WASTE › Section 096-855-4 - Definitions

Current through 2024-29, July 17, 2024
A.
Alter.
"Alter" means any
				change in or to a waste facility for hazardous waste after an interim license
				for that facility has been applied for or issued including, but not limited to,
				changes in ownership, operational control, methods of operation and type or
				amount of wastes handled.
B.
Handle.
"Handle" means to store, transfer, collect, separate,
				salvage, process, reduce, recover, incinerate, treat or dispose of.
C.
Hazardous waste.
"Hazardous
				waste" means a waste substance or material in any physical state identified as
				hazardous waste in
Identification of Hazardous Wastes,
06-096
				C.M.R. ch. 850.
D.
Storage.
"Storage" means the containment of hazardous wastes,
				either on a temporary basis or for a period of years, in such a manner as not
				to constitute disposal of the hazardous wastes.
E.
Waste Facility for Hazardous
				Waste.
"Waste facility for hazardous waste" means any land area,
				structure, location, equipment or combination of them, including dumps, used
				for handling hazardous waste. A land area or structure does not become a waste
				facility solely because it is used to store, for 90 days or less, hazardous
				wastes generated on the same premises.
Code of Maine Rules › 06 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 096 - DEPARTMENT OF ENVIRONMENTAL PROTECTION - GENERAL › Chapter 855 - INTERIM LICENSES FOR WASTE FACILITIES FOR HAZARDOUS WASTE › Section 096-855-5 - Procedure for Obtaining an Interim License

Current through 2024-29, July 17, 2024
A. The owner or operator of a hazardous waste
				facility which was in existence on April l, 1980 or is in existence on the
				effective date of statutory or regulatory changes that first render the
				facility subject to the requirement to have a license under 06-096 C.M.R. ch.
				856, who intends to continue the operation of such facility, or the owner or
				operator of an interimly licensed facility that handles a newly listed
				hazardous waste, shall, using the form provided by the Department:
NOTE: Any owner or operator that does not intend to continue
				  the operation of such facility is still responsible for all closure and post
				  closure requirements, as well as any generator standards.
(1) Notify the Department of Environmental
				Protection of its location; and
(2)
				Provide the Department of Environmental Protection with a detailed description
				of the operation of the facility; and
(3) Identify the hazardous waste(s) that the
				facility handles; and
(4) Indicate
				an intent to file an application for a license (non-interim) for the facility
				for hazardous waste when rules and procedures related to such licenses are
				promulgated by the Board of Environmental Protection.
Code of Maine Rules › 06 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 096 - DEPARTMENT OF ENVIRONMENTAL PROTECTION - GENERAL › Chapter 855 - INTERIM LICENSES FOR WASTE FACILITIES FOR HAZARDOUS WASTE › Section 096-855-6 - Alteration of Hazardous Waste Facility

Current through 2024-29, July 17, 2024
A hazardous waste facility for which an interim license has
				  been applied for or issued may be altered only with the approval of the Board
				  of Environmental Protection, under the following conditions:
A. After an owner or operator submits the
				form provided by the Department but before the interim license sought thereby
				has been issued, approval of an alteration must be applied for by submission of
				a revised form;
B. After an interim
				license for a hazardous waste facility has been issued, application for
				approval of an alteration to the facility must be made in writing, must
				describe in detail the alteration for which approval is sought and must explain
				the need for the alteration. Approval of a change in ownership or operational
				control of a facility must be sought no later than 90 days prior to the date on
				which the proposed change is to be made. Approval of other alterations must be
				sought no later than 30 days prior to the date on which the proposed alteration
				is to be made, except that where a licensee demonstrates that the alteration
				must be made because of an emergency condition, approval may be sought and
				granted on such shorter notice as the Department determines to be reasonable
				under the emergency condition. Except as provided below, the Board will not
				approve alterations to a waste facility during interim status which amount to
				reconstruction of the facility. "Reconstruction" means when the capital
				investment in the alterations to the facility exceeds fifty (50) percent of the
				capital cost of a comparable entirely new waste facility for hazardous waste.
NOTE: Alterations will be handled by the Board of
				  Environmental Protection on a case-by-case basis and the Board reserves the
				  right to apply a more stringent test than EPA's "reconstruction" test.
Approval of an amendment to an interim license may be
				  granted if it meets the requirements of Sections
				  5(A) and
				  5(B) of this Chapter
				  or the requirements of Section
				  5(C) of this Chapter
				  as applicable and:
(1) It is necessary
				to prevent a threat to human health or the environment, because of an emergency
				situation, or
(2) It is necessary
				to comply with Federal regulations (including the interim status standards of
				this Chapter) or State or local laws.
After application and upon demonstration to the Department by
				  a new owner or operator of compliance with all applicable interim standards,
				  the Department may transfer the interim license to the new owner or operator;
				  and
Code of Maine Rules › 06 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 096 - DEPARTMENT OF ENVIRONMENTAL PROTECTION - GENERAL › Chapter 855 - INTERIM LICENSES FOR WASTE FACILITIES FOR HAZARDOUS WASTE › Section 096-855-7 - Expiration of Interim Licenses

Current through 2024-29, July 17, 2024
An interim license for a waste facility for hazardous waste
				  expires on the earliest of the following dates:
A. The date of the final administrative
				disposition of the application for hazardous waste facility license
				(non-interim);
B. The date of a
				finding by the Board that the disposition referred to in Section 7(A) of this
				Chapter has not been made because of the applicant's failure to furnish
				information, reasonably required or requested, to process the
				application;
C. The date of
				expiration of the license issued under 38 M.R.S. §§413 or 590;
D. The date on which the
				application for a hazardous waste facility license (non-interim) is due and the
				person operating under the interim license has failed to apply for the
				hazardous waste facility license (non-interim);
E. For interim licenses issued prior to
				November 8, 1984, unless the owner or operator of the facility has filed a
				complete application with the Department before one of the following dates and
				that application demonstrates compliance with all applicable ground water
				monitoring and financial responsibility requirements:
(1) November 8, 1985, for a land disposal
				facility;
(2) November 8, 1986, for
				a hazardous waste incinerator;
(3)
				November 8, 1989, for any facility other than a land disposal facility or
				hazardous waste incinerator; or
Code of Maine Rules › 06 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 096 - DEPARTMENT OF ENVIRONMENTAL PROTECTION - GENERAL › Chapter 855 - INTERIM LICENSES FOR WASTE FACILITIES FOR HAZARDOUS WASTE › Section 096-855-8 - Deadlines

Current through 2024-29, July 17, 2024
A.
Applications.
Application for
				an interim license for a waste facility for hazardous waste must be made by
				filing the form provided by the Department within 45 days of the effective date
				of rules of the Board in which a waste handled in the facility is identified as
				hazardous. An application is "filed" on the date as of which it is determined
				by the Department to be complete, consistent with this Chapter and
Rules Concerning the Processing of Applications and Other
				Administrative Matters
, 06-096 C.M.R. ch. 2.
B.
Issuance.
Interim licenses
				will be issued or deemed to have been issued by the date of the second regular
				meeting of the Board of Environmental Protection to occur after an application
				is complete, unless non-issuance is due to delay ascribed to the
				applicant.
Code of Maine Rules › 06 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 096 - DEPARTMENT OF ENVIRONMENTAL PROTECTION - GENERAL › Chapter 855 - INTERIM LICENSES FOR WASTE FACILITIES FOR HAZARDOUS WASTE › Section 096-855-10 - Penalties

Current through 2024-29, July 17, 2024
Failure to comply with these rules subjects any person to
				  civil and criminal liability pursuant to 38 M.R.S., sections 349(1), 349(2) and
				  1319- T
Code of Maine Rules › 06 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 096 - DEPARTMENT OF ENVIRONMENTAL PROTECTION - GENERAL › Chapter 856 - LICENSING OF HAZARDOUS WASTE FACILITIES › Section 096-856-1 - Legal Authority

Current through 2024-29, July 17, 2024
This Chapter is authorized by 38 M.R.S. §1301 through
				  1319- Y, which prohibits the establishment, construction, alteration and
				  operation of a hazardous waste facility without a license, establishes the
				  authority of the Board of Environmental Protection (Board) to adopt rules for
				  licensing, the authority for the Department of Environmental Protection
				  (Department) and the Board to issue licenses, and sets out the findings which
				  the Department and Board will make in order to issue a license.
NOTE: Pursuant to 38 M.R.S. §341- A, Sections (2) and
				  (4), the term "Department" is defined to include the Board of Environmental
				  Protection and the Commissioner of the Department of Environmental Protection
				  (Commissioner). The term "Department" as used in this Chapter means either the
				  Board or the Commissioner (or the Commissioner's designee), as applicable
				  depending on the specific circumstances and whether the license is issued by
				  the Board, such as full hazardous waste facility licenses, or issued by the
				  Commissioner, such as abbreviated licenses under Section
				  11(A) of this
				  Chapter.
Code of Maine Rules › 06 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 096 - DEPARTMENT OF ENVIRONMENTAL PROTECTION - GENERAL › Chapter 856 - LICENSING OF HAZARDOUS WASTE FACILITIES › Section 096-856-2 - Preamble

Current through 2024-29, July 17, 2024
It is the purpose of the Department of Environmental
				  Protection, consistent with legislative policy, to provide necessary controls
				  over hazardous waste facilities so as to ensure the protection of public
				  health, safety, welfare and the environment.
Code of Maine Rules › 06 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 096 - DEPARTMENT OF ENVIRONMENTAL PROTECTION - GENERAL › Chapter 856 - LICENSING OF HAZARDOUS WASTE FACILITIES › Section 096-856-4 - Prohibitions

Current through 2024-29, July 17, 2024
A. No person shall establish, construct or
				operate a new waste facility for hazardous waste or substantially modify a
				licensed facility without a license issued by the Department, and no person
				shall alter the design, construction or operation of a licensed facility
				without prior Department approval.
B. After the date upon which an application
				for a license under this Chapter is due, no person shall operate a waste
				facility for hazardous waste for which an interim license has been issued,
				unless the application has been filed. The Department will give written
				notification to the owner or operator of an interimly licensed facility of the
				date upon which the application is due, which date must not be earlier than
				sixty (60) days after the date of the notice.
C. No person shall:
(1) Operate a licensed waste facility for
				hazardous waste except in accordance with its license, the terms and conditions
				thereof and with the requirements of law and rule;
(2) Operate a waste facility for hazardous
				waste in any manner which could endanger public health, safety, welfare or the
				environment. Operating a waste facility for hazardous waste without a license
				as required by this Chapter constitutes a presumption of such
				endangerment.
Code of Maine Rules › 06 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 096 - DEPARTMENT OF ENVIRONMENTAL PROTECTION - GENERAL › Chapter 856 - LICENSING OF HAZARDOUS WASTE FACILITIES › Section 096-856-7 - Advisory Rulings

Current through 2024-29, July 17, 2024
All requests for advisory rulings on the applicability of
				  hazardous waste statutes to particular situations or on other matters must be
				  based upon existing facts and not upon hypothetical situations. Such requests
				  must be made in writing and addressed to Division of Materials Management,
				  Bureau of Remediation and Waste Management, Department of Environmental
				  Protection, 17 State House Station, Augusta, Maine 04333-0017. Issuance of
				  advisory rulings is discretionary with the Department on a case-by-case
				  basis.
Code of Maine Rules › 06 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 096 - DEPARTMENT OF ENVIRONMENTAL PROTECTION - GENERAL › Chapter 856 - LICENSING OF HAZARDOUS WASTE FACILITIES › Section 096-856-8 - Access to the Site

Current through 2024-29, July 17, 2024
The filing of an application for a license constitutes the
				  granting of permission by the applicant to allow authorized representatives of
				  the Department access to the site of the facility or proposed facility in order
				  to evaluate whether or not the facility will meet the standards set forth in
				  06-096 C.M.R. ch. 854 and this Chapter. In so far as practical, access will be
				  during normal business hours.
Code of Maine Rules › 06 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 096 - DEPARTMENT OF ENVIRONMENTAL PROTECTION - GENERAL › Chapter 856 - LICENSING OF HAZARDOUS WASTE FACILITIES › Section 096-856-9 - References to Federal Regulations

Current through 2024-29, July 17, 2024
Portions of this Chapter refer to federal regulations of the
				  United States Environmental Protection Agency (EPA). Unless otherwise
				  specified, the federal regulations referenced are those final regulations as
				  amended up to July 1, 2019, as they appeared in volume 40 of the Code of
				  Federal Regulations (C.F.R.) and are hereby incorporated by reference. Where
				  specifically stated, the terms of a referenced federal regulation are hereby
				  incorporated as terms of this Chapter, except that in regulations incorporated
				  thereby, "EPA" shall mean Maine Department of Environmental Protection;
				  "Administrator", "Regional Administrator" and "Director" shall mean the Maine
				  Board of Environmental Protection, the Commissioner of the Department of
				  Environmental Protection or the Commissioner's designated representative, as
				  applicable; and the references to terms or phrases including "treat", "store",
				  or "dispose" shall mean "handle". In addition, where the terms of federal
				  regulations hereby incorporated by reference differ from or are inconsistent
				  with other terms of this Chapter or 06-096 C.M.R. chs. 850 - 860, the more
				  stringent of the requirements apply. Other changes to regulations incorporated
				  hereby are as expressly made in this Chapter
Code of Maine Rules › 06 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 096 - DEPARTMENT OF ENVIRONMENTAL PROTECTION - GENERAL › Chapter 856 - LICENSING OF HAZARDOUS WASTE FACILITIES › Section 096-856-12 - Decisions

Current through 2024-29, July 17, 2024
A. In accordance with the statutory
				requirements of 38 M.R.S. §§345-A and 1319- R, the Department will
				within a reasonable period of time after receipt of the application order a
				public hearing on the application or propose to:
(1) Approve the application with standard
				conditions only and set forth, in writing, its findings that the applicable
				statutory criteria are met with a sufficient explanation to make interested
				persons aware of the basis for the approval;
(2) Approve the application, subject to
				standard and special conditions and set forth, in writing, its findings that
				the applicable statutory criteria are met with a sufficient explanation to make
				interested persons aware of the basis for the approval; or
(3) Deny the application in its entirety or
				deny only the portion pertaining to the active life of a facility or unit and
				set forth, in writing, its findings with a sufficient explanation to make
				interested persons aware of the basis for disapproval.
If a public hearing on the application is held, the
				  Department will propose a decision under Sections 12(A)(1), 12(A)(2) or
				  12(A)(3) of this Chapter within a reasonable time after the conclusion of the
				  hearing.
NOTE: Hearings on applications are generally discretionary
				  pursuant to 38 M.R.S. §345-A and 06-096 C.M.R. ch. 2, §
											7; however, 38 M.R.S. §1319-R
				  requires that a public hearing be held for any application for a license to
				  construct, newly operate, or substantially expand a commercial hazardous waste
				  facility. In this instance, "substantially expand" means "the expansion of an
				  existing licensed hazardous waste facility by more than 25%, as measured by
				  volume of waste or affected land area, from the date of its initial licensed
				  operation." A decision made by the Department under Sections 12(A)(1),
				  12(A)(2), or 12(A)(3) of this Chapter is a proposed decision until the
				  Department acts under subsection C of this section.
Code of Maine Rules › 06 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 096 - DEPARTMENT OF ENVIRONMENTAL PROTECTION - GENERAL › Chapter 856 - LICENSING OF HAZARDOUS WASTE FACILITIES › Section 096-856-14 - Renewal of a License

Current through 2024-29, July 17, 2024
A. An application
				for renewal of a license must be filed with the Department no earlier than two
				hundred and ten (210) and no later than one hundred and eighty (180) days prior
				to expiration of the existing license, unless a different time is established
				in the license.
B. An application
				for renewal of a license must include such updated, supplemental or new
				information as may then be required to enable the Department to act upon the
				renewal application.
C. An operator
				of a mobile treatment facility may apply to the Department for one extension of
				its license for a specific site.
Code of Maine Rules › 06 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 096 - DEPARTMENT OF ENVIRONMENTAL PROTECTION - GENERAL › Chapter 856 - LICENSING OF HAZARDOUS WASTE FACILITIES › Section 096-856-15 - Suspension and Revocation

Current through 2024-29, July 17, 2024
A. The Department
				may seek suspension or revocation of a license for any violation of applicable
				law, of rule, of the license or any term or condition thereof, or upon or in
				conjunction with the suspension or revocation of any other license, permit,
				certification or approval for the handling of hazardous waste issued to the
				owner, operator or facility by this State or political subdivision thereof or
				by any other State or Federal agency.
B. The Department will seek revocation of a
				license which is again suspended within 18 months of its prior suspension or
				revocation.
C. A licensee whose
				license has been revoked may not reapply for a license within one calendar year
				from the effective date of the revocation.
Code of Maine Rules › 06 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 096 - DEPARTMENT OF ENVIRONMENTAL PROTECTION - GENERAL › Chapter 856 - LICENSING OF HAZARDOUS WASTE FACILITIES › Section 096-856-16 - Emergency Temporary Permission for Storage of Hazardous Waste for more than 90 Calendar Days by a Generator

Current through 2024-29, July 17, 2024
A. When a generator
				of hazardous waste, who ordinarily stores hazardous waste on the site of
				generation for less than ninety (90) calendar days pursuant to 06-096 C.M.R.
				ch. 851, needs to temporarily store that waste on that site for more than
				ninety (90) calendar days because of an emergency condition, the generator
				shall, as soon as possible, orally advise the Department and within 48 hours
				apply in writing to the Commissioner for emergency temporary permission for an
				extension of the 90-day generator storage limit to allow the storage of
				hazardous waste for more than ninety (90) calendar days.
B. The oral advice and written application
				must give the generator's name and location, describe the operation of the
				generating facility, identify the type and amount of hazardous waste generated
				therein and type and amount of those hazardous wastes which must be so stored
				and specify the method and conditions of storage, including its expected
				duration. The applicant shall also describe the usual method or system of
				handling the hazardous wastes which are proposed to be so stored, state the
				emergency condition which prevents the use of that method or system and state
				what, if any, alternatives to storage exist, whether they have been explored
				and why they cannot be utilized.
C.
				If the oral advice and/or written application demonstrates, in the judgment of
				the Commissioner, that an emergency exists which poses an imminent and
				substantial endangerment to human health or the environment and which requires
				that the generator temporarily store the wastes as specified and that such
				temporary storage will not itself create or threaten imminent and substantial
				endangerment to human health or the environment, the Commissioner may provide
				emergency temporary permission for an extension to allow such storage. The
				extension:
(1) May be oral; if so, it must be
				followed within 5 days by a written emergency extension;
(2) Must not exceed 30 days in duration. The
				Commissioner may grant a maximum of two (2) extensions, in 30-day increments,
				such that the maximum period of the emergency extension does not exceed 90
				days;
(3) Must specify the wastes
				to be stored and the location and manner of storage;
(4) May be terminated by the Commissioner at
				any time, without process, if the Commissioner determines that termination is
				appropriate to protect human health or the environment; and
(5) Must incorporate, to the extent possible
				and not inconsistent with the emergency situation, all applicable requirements
				of this Chapter and of 06-096 C.M.R. ch. 854.
Code of Maine Rules › 06 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 096 - DEPARTMENT OF ENVIRONMENTAL PROTECTION - GENERAL › Chapter 856 - LICENSING OF HAZARDOUS WASTE FACILITIES › Section 096-856-17 - Applicability of Criteria for Facility Development

Current through 2024-29, July 17, 2024
The findings and conclusions required by 38 M.R.S. section
				  1319-R must be made for issuance of a non-abbreviated license under this
				  Chapter.
Code of Maine Rules › 06 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 096 - DEPARTMENT OF ENVIRONMENTAL PROTECTION - GENERAL › Chapter 856 - LICENSING OF HAZARDOUS WASTE FACILITIES › Section 096-856-18 - Emergency Circumstances

Current through 2024-29, July 17, 2024
A. A person engaged
				in treatment (other than thermal treatment or land treatment) or containment
				activities during immediate response to any of the following situations is not
				required to obtain a license to do so:
(1) A
				discharge of a hazardous waste;
(2)
				An imminent and substantial threat of a discharge of a hazardous
				waste;
(3) A discharge of a
				material which, when discharged, becomes a hazardous waste; or
(4) An emergency response:
(a) to an immediate threat to human health,
				public safety, property, or the environment, from the known or suspected
				presence of "military munitions";
(b) to an "explosives or munitions
				emergency"; or
(c) as part of an
				"explosives or munitions emergency response"; as those terms (noted in
				quotations) are defined in 40 C.F.R. §260.10. In addition to any other
				reporting requirements, including those of 38 M.R.S. §1318-B and 06-096
				C.M.R. ch. 801, the responsible parties involved shall retain records for three
				years identifying the dates of the response, the responsible parties
				responding, the type and description of materials addressed, and its
				disposition.
Under emergency circumstances, the Commissioner may give
				  permission to a generator or transporter to transport hazardous waste without a
				  license pursuant to 06-096 C.M.R. ch. 853, §
												10(C) or without a
				  hazardous waste manifest pursuant to 06-096 C.M.R. ch. 857, §
												10.
Code of Maine Rules › 06 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 096 - DEPARTMENT OF ENVIRONMENTAL PROTECTION - GENERAL › Chapter 856 - LICENSING OF HAZARDOUS WASTE FACILITIES › Section 096-856-19 - Severability

Current through 2024-29, July 17, 2024
Should any provision of this Chapter be declared invalid or
				  ineffective by court decision, the decision does not invalidate any other
				  provision of this Chapter.
Code of Maine Rules › 06 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 096 - DEPARTMENT OF ENVIRONMENTAL PROTECTION - GENERAL › Chapter 857 - HAZARDOUS WASTE MANIFEST REQUIREMENTS › Section 096-857-1 - Legal Authority

Current through 2024-29, July 17, 2024
This Chapter is authorized by and adopted under 38 M.R.S.
				  §§1301 through 1319- Y.
Code of Maine Rules › 06 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 096 - DEPARTMENT OF ENVIRONMENTAL PROTECTION - GENERAL › Chapter 857 - HAZARDOUS WASTE MANIFEST REQUIREMENTS › Section 096-857-2 - Preamble

Current through 2024-29, July 17, 2024
It is the purpose of the Department of Environmental
				  Protection (Department), consistent with legislative policy, to provide
				  effective controls for the management of hazardous waste in order to protect
				  public health, safety and welfare and the environment. This Chapter provides
				  one such control by requiring the use of a manifest to track the movement of
				  hazardous waste from the point of generation to any intermediate points and
				  finally to its ultimate disposition and by establishing related
				  responsibilities and liabilities of generators, transporters, and owners and
				  operators of waste facilities for hazardous waste.
Portions of this Chapter refer to federal regulations of the
				  United States Environmental Protection Agency (EPA). Unless otherwise
				  specified, the federal regulations referenced are those final regulations as
				  amended up to July 1, 2019, as they appeared in volume 40 of the Code of
				  Federal Regulations (C.F.R.) and are hereby incorporated by reference. Where
				  specifically stated, the terms of a referenced federal regulation are hereby
				  incorporated as terms of this Chapter, except that in regulations incorporated
				  thereby, "Administrator", "Regional Administrator" and "Director" shall mean
				  the Maine Board of Environmental Protection, the Commissioner of the Department
				  of Environmental Protection or the Commissioner's designated representative, as
				  applicable; the references to terms or phrases including "treat", "store", or
				  "dispose" shall mean "handle"; and "EPA" shall mean the Maine Department of
				  Environmental Protection except for references to 40 C.F.R. Part 262, Subpart B
				  (§§262.20 - 262.27 ) and Subpart H (§§262.80 - 262.84 ),
				  and for references to 40 C.F.R. §3.10, 40 C.F.R. §260.2(c), 40 C.F.R.
				  §260.4, and 40 C.F.R. §260.5 in which "EPA" shall retain its meaning
				  as "EPA". In addition, where the terms of federal regulations hereby
				  incorporated by reference differ from or are inconsistent with other terms of
				  this Chapter or Chapters 850 - 860, the more stringent of the requirements
				  shall apply. Other changes to regulations incorporated hereby are as expressly
				  made in this Chapter.
Code of Maine Rules › 06 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 096 - DEPARTMENT OF ENVIRONMENTAL PROTECTION - GENERAL › Chapter 857 - HAZARDOUS WASTE MANIFEST REQUIREMENTS › Section 096-857-3 - Definitions

Current through 2024-29, July 17, 2024
A.
Board.
"Board" means the
				Board of Environmental Protection.
B.
Department.
"Department"
				means the Department of Environmental Protection.
C.
Designated Facility
.
				"Designated facility" means:
(1) A hazardous
				waste facility as defined in Section 3(H) of this Chapter and which has been
				designated on the manifest by the generator pursuant to 40 C.F.R.
				§262.20;
(2) "Designated
				facility" also means a generator site designated on the manifest to receive its
				waste as a return shipment from a facility that has rejected the waste in
				accordance with 40 C.F.R. §264.72(f) or 40 C.F.R. §265.72(f);
				and
(3) If a waste is destined to a
				facility in an authorized state which has not yet obtained authorization to
				regulate that particular waste as hazardous, then the designated facility must
				be a facility allowed by the receiving state to accept such waste.
Code of Maine Rules › 06 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 096 - DEPARTMENT OF ENVIRONMENTAL PROTECTION - GENERAL › Chapter 857 - HAZARDOUS WASTE MANIFEST REQUIREMENTS › Section 096-857-4 - Manifest Form

Current through 2024-29, July 17, 2024
The uniform hazardous waste manifest form (EPA Form 8700-22
				  and if necessary 8700-22A), and the Maine Recyclable Material Uniform Bill of
				  Lading (UBOL) form approved by the Board, including the instructions on the
				  back of the manifest and UBOL forms, are hereby incorporated as provisions of
				  this Chapter. The UBOL may be used in lieu of the uniform hazardous waste
				  manifest for shipments of universal waste, as defined and regulated pursuant to
				  06-096 C.M.R. ch. 858. For universal waste shipped using a UBOL, the term
				  "hazardous waste facility" as used in this Chapter may include "central
				  accumulation facility", "consolidation facility" or "recycling facility" as
				  those terms are defined in 06-096 C.M.R. ch. 858. All information required on
				  the manifest and UBOL forms and all related instructions are requirements of
				  this Chapter, to which penalties for non-compliance attach. The Department may
				  authorize an alternative form to the UBOL for the transport of universal wastes
				  if it contains the information required to meet the needs of the
				  Department.
NOTE: In 2008, the Department approved a manifest form
				  entitled "Maine Recyclable Material Uniform Bill of Lading" for shipments of
				  universal waste in lieu of the Uniform Hazardous Waste Manifest (i.e., EPA Form
				  8700-22 and if necessary, Form 8700-22A). The Maine Recyclable Material Uniform
				  Bill of Lading replaced a previously-approved form (entitled "Maine Recyclable
				  Hazardous Materials Uniform Bill of Lading") to address certain concerns of the
				  Electronics Industry Association, to remove the word "Hazardous" from its
				  title, and to provide for the documentation and tracking of shipments of Maine
				  universal wastes including those which are not included from the list of U.S.
				  Department of Transportation (DOT) regulated hazardous materials, as well as
				  universal wastes that are DOT regulated hazardous materials.
Code of Maine Rules › 06 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 096 - DEPARTMENT OF ENVIRONMENTAL PROTECTION - GENERAL › Chapter 857 - HAZARDOUS WASTE MANIFEST REQUIREMENTS › Section 096-857-5 - General Requirements

Current through 2024-29, July 17, 2024
A. A generator that
				transports, or offers for transportation, a hazardous waste for offsite
				treatment, storage, or disposal, or a treatment, storage, or disposal facility
				that offers for transport a rejected hazardous waste load, shall prepare a
				manifest on EPA Form 8700-22 and, if necessary, EPA Form 8700-22A and shall
				comply with the manifest requirements of 40 C.F.R. §262.20(a), and
				Sections
				7 and
				9, respectively, of this Chapter.
				Persons required to prepare a manifest under 40 C.F.R. §262.20(a)(1) may
				prepare and use a paper manifest from an EPA-approved source in accordance with
				40 C.F.R. §§262.21(g)(1) and (2), or prepare and use an electronic
				manifest in accordance with 40 C.F.R. §262.20(a)(3).
B. A transporter shall comply with the
				manifest requirements of 40 C.F.R. §263.20 and Section
				8 of this Chapter, including the
				requirements for the use of a paper uniform hazardous waste manifest or an
				electronic manifest, as applicable.
C. Each generator, transporter and owner or
				operator of a hazardous waste facility shall comply with all the requirements
				and instructions which are specified on the manifest.
D. If the transporter is unable to deliver
				the hazardous waste to the designated facility or to the alternate facility,
				the generator shall either designate another facility or instruct the
				transporter to return the waste.
E.
				In lieu of using the paper manifest a person required to prepare a manifest may
				prepare and use an electronic manifest, provided that the person:
(1) Complies with the requirements in Section
				5(F) of this Chapter; and
(2)
				Complies with the requirements of 40 C.F.R. §3.10 for the reporting of
				electronic documents to EPA.
Code of Maine Rules › 06 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 096 - DEPARTMENT OF ENVIRONMENTAL PROTECTION - GENERAL › Chapter 857 - HAZARDOUS WASTE MANIFEST REQUIREMENTS › Section 096-857-6 - Exceptions

Current through 2024-29, July 17, 2024
A. A person may transport polychlorinated
				biphenyls (PCBs) which are contained in a totally enclosed manner in PCB
				equipment without using a manifest provided that the PCBs are not discarded or
				intended to be discarded. In addition, a person who discharges or suffers a
				discharge of PCBs or who generates PCB contaminated material as a result of
				routine servicing of off-site PCB containing equipment may transport that PCB
				waste to a facility with an approved PCB management plan or to a Maine
				hazardous waste storage facility licensed to handle PCBs without using a
				manifest provided that the facility is under the control of the entity who has
				care or custody of or who owns the PCBs waste.
NOTE: The generator-controlled facility which first accepts
				  the waste shall be the site of generation.
B. A person may transport universal wastes
				without using a manifest, provided that the Uniform Bill of Lading referenced
				in Section
				4 of this Chapter or an alternative
				form approved by the Department, or for small universal waste generators and
				central accumulation facilities the log requirements of Section
				13 of this Chapter, are utilized. For
				the purposes of administering Section
				13 of this Chapter, where the rule in
				Sections
				5,
				7,
				8, and
				9 of this Chapter states "manifest" it
				shall be replaced, as applicable, with "Manifest or Uniform Bill of Lading" and
				when using the Maine Recyclable Material Uniform Bill of Lading, copies 6, 7,
				and 8 (i.e., "Destination State - Mailed by Generator" copy, "Generator State -
				Mailed by Generator" copy, and "Generator Copy", respectively) must be
				distributed per the instructions for use of the Maine Recyclable Material
				Uniform Bill of Lading printed on the back of the form.
NOTE: In 2008, the Department approved an alternative form
				  entitled "Maine Recyclable Material Uniform Bill of Lading." For shipments of
				  universal wastes, this form should be used in place of the previously-approved
				  "Recyclable Hazardous Material Uniform Bill of Lading". The Maine Recyclable
				  Material Uniform Bill of Lading form, as revised by removal of the word
				  "Hazardous" from its title, is approved for documenting shipments of Maine
				  universal wastes which are not included in the list of DOT regulated hazardous
				  materials, as well as universal wastes that are hazardous materials.
Code of Maine Rules › 06 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 096 - DEPARTMENT OF ENVIRONMENTAL PROTECTION - GENERAL › Chapter 857 - HAZARDOUS WASTE MANIFEST REQUIREMENTS › Section 096-857-7 - Manifest Requirements for Generators

Current through 2024-29, July 17, 2024
NOTE: Additional requirements for generators appear in other
				  rules of the Department dealing with specific aspects of hazardous waste
				  management. See, for example,
Standards for Generators of Hazardous
				  Waste
, 06-096 C.M.R. ch. 851;
Land Disposal
				  Restrictions
, 06-096 C.M.R. ch. 852;
Standards for Hazardous
				  Waste Facilities
, 06-096 C.M.R. ch. 854; and
Licensing of
				  Hazardous Waste Facilities
, 06-096 C.M.R. ch. 856.
A. A generator of hazardous waste who
				transports, or offers for transport, hazardous waste for handling shall:
(1) Complete the generator portion of the
				manifest in accordance with the manifest's instructions, including a signature
				by the generator.
(a) A generator shall
				designate on the manifest one waste facility for hazardous waste authorized to
				handle the waste covered by the manifest under a State hazardous waste program
				approved by the EPA or under the Federal hazardous waste program, or otherwise
				meeting the definition of designated facility in this Chapter.
(b) A generator may also designate on the
				manifest one alternate waste facility authorized to handle the hazardous waste
				covered by the manifest under a State hazardous waste program approved by the
				EPA or under the Federal hazardous waste program. The waste may be delivered to
				the alternate facility in the event that an emergency prevents its delivery to
				the primary designated facility.
(c) If the generator is also the transporter
				for all or part of the waste's transport, the generator shall also complete the
				appropriate transporter portion of the manifest.
(d) A generator shall identify and list each
				waste separately on the manifest.
NOTE: Lab packs containing hazardous wastes are not exempted
				  from this requirement.
(e)
Special procedures when electronic manifest is unavailable
: If
				a generator has prepared an electronic manifest for a hazardous waste shipment,
				but the electronic manifest system becomes unavailable for any reason prior to
				the time that the initial transporter has signed electronically to acknowledge
				the receipt of the hazardous waste from the generator, then the generator shall
				obtain and complete a paper manifest (EPA Form 8700-22) and if necessary, a
				continuation sheet (EPA Form 8700-22A) in accordance with the manifest
				instructions, and use these paper forms from this point forward in accordance
				with the requirements of this Chapter.
Code of Maine Rules › 06 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 096 - DEPARTMENT OF ENVIRONMENTAL PROTECTION - GENERAL › Chapter 857 - HAZARDOUS WASTE MANIFEST REQUIREMENTS › Section 096-857-8 - Manifest Requirements for Transporters

Current through 2024-29, July 17, 2024
NOTE: Other requirements for transporters appear in other
				  rules of the Department dealing with specific aspects of hazardous waste
				  management. See, for example,
Licensing of Transporters of Hazardous
				  Waste
, 06-096 C.M.R. ch. 853.
A. A transporter of hazardous waste shall:
(1) Not accept hazardous waste from a
				generator or from another transporter unless the waste is:
(a) Accompanied by its manifest (EPA Form
				8700-22), and if necessary, any continuation sheets (EPA Form 8700-22A),
				properly completed by the generator pursuant to Section
				7(A) of this Chapter
				and by any prior transporter(s) pursuant to Section 8(A)(3) of this Chapter,
				including signature and identification numbers; or
(b) Documented with an electronic manifest
				that is obtained, completed, and transmitted in accordance with 40 C.F.R.
				§262.20(a)(3) and Section
				5(E) of this Chapter,
				and signed with a valid and enforceable electronic signature pursuant to 40
				C.F.R. §262.25(a).
Code of Maine Rules › 06 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 096 - DEPARTMENT OF ENVIRONMENTAL PROTECTION - GENERAL › Chapter 857 - HAZARDOUS WASTE MANIFEST REQUIREMENTS › Section 096-857-10 - Permission to Move Hazardous Waste in Exceptional Circumstances

Current through 2024-29, July 17, 2024
In exceptional circumstances, where required to protect
				  public health or safety or the environment, the Commissioner may give
				  permission to a generator or transporter of hazardous waste or to an owner or
				  operator of a waste facility for hazardous waste to deliver, transport or
				  accept hazardous waste without a manifest. In all such cases, each generator,
				  transporter and owner or operator who deals with the waste shall file a written
				  report with the Department giving such information as the Department may
				  require.
Code of Maine Rules › 06 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 096 - DEPARTMENT OF ENVIRONMENTAL PROTECTION - GENERAL › Chapter 857 - HAZARDOUS WASTE MANIFEST REQUIREMENTS › Section 096-857-11 - Extended Retention of Records

Current through 2024-29, July 17, 2024
The periods of retention of records established in this
				  Chapter are extended automatically during the course of any unresolved
				  enforcement action regarding the regulated activity or as requested by the
				  Commissioner of the Department of Environmental Protection or by the Regional
				  Administrator or Administrator of the EPA.
Code of Maine Rules › 06 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 096 - DEPARTMENT OF ENVIRONMENTAL PROTECTION - GENERAL › Chapter 857 - HAZARDOUS WASTE MANIFEST REQUIREMENTS › Section 096-857-12 - Department's Hazardous Waste Manifest and Maine Recyclable Material Uniform Bill of Lading Copies: Where to Send

Current through 2024-29, July 17, 2024
Generators, transporters and owners and operators of waste
				  facilities for hazardous waste, unless using the e-Manifest System, shall send
				  copies of the manifest or Uniform Bill of Lading or other form approved for use
				  by the Department as required by this Chapter to the Department at:
Hazardous Waste Manifest
Bureau of Remediation and Waste Management
Department of Environmental Protection
17 State House Station
Augusta, Maine 04333-0017