Code of Maine Rules › 06 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 096 - DEPARTMENT OF ENVIRONMENTAL PROTECTION - GENERAL › Chapter 856 - LICENSING OF HAZARDOUS WASTE FACILITIES › Section 096-856-6 - Persons Not Required to Obtain a License

Current through 2024-29, July 17, 2024
The following persons are not required to obtain a
				  license:
A. Generators of hazardous
				waste who accumulate hazardous waste on site for 90 days or less, as provided
				in 06-096 C.M.R. ch. 851, §
									8(B).
B. Farmers who dispose of hazardous waste
				pesticide residues from their own use as provided in 06-096 C.M.R. ch. 851,
				§
									4(C) and 06-096
				C.M.R. ch. 851, §
									10.
C. Owners or operators of totally enclosed
				treatment facilities as defined in 40 C.F.R. §260.10.
D. Owners or operators of wastewater
				treatment units as defined in 40 C.F.R. §260.10 provided all the hazardous
				wastes and wastewaters treated in such units are generated on-site, the owners
				or operators are in compliance with 40 C.F.R. §264.17(b), and the owners
				and operators are in compliance and submit a certification to the Department
				prior to operating the wastewater treatment unit (or by June 30, 1995 for units
				operating before June 30, 1995) that they are in compliance with the following
				requirements:
(1) The wastewater treatment
				units and associated piping are constructed of materials compatible with the
				wastes managed in such units during routine and upset conditions;
(2) The wastewater treatment units must have
				a secondary containment system of sufficient capacity to contain whichever is
				greater; 110% of the capacity of the largest unit or 20% of the combined
				capacity of the wastewater treatment units, except that, secondary containment
				of sewer lines is not required;
(3)
				The wastewater treatment units are equipped with automatic high level alarms,
				and such alarms are inspected and tested at least twice per year;
(4) Procedures for responding to the
				activation of the automatic high level alarms have been established that are
				sufficient to prevent a release of hazardous waste to the environment and the
				wastewater treatment units are operated within the parameters of the facility's
				design;
(5) The wastewater
				treatment system is subject to a water discharge license pursuant to 38 M.R.S.
				§§413 through 414(B),
Pretreatment Program
, 06-096
				C.M.R. ch. 528, or 40 C.F.R. §§403.8 and 403.9 (pretreatment
				agreement) containing limits on the hazardous characteristics and any hazardous
				constituents for which the waste is hazardous (see Appendix VII of 06-096
				C.M.R. ch. 850), and the license provides for testing for such characteristics
				and/or constituents at least annually;
(6) Periodic inspections of wastewater
				treatment unit components are performed, and such inspections include the
				draining of tanks and trenches to ensure the integrity of the structures by
				inspecting for corrosion and other forms of deterioration at least every five
				years;
(7) All sewer lines are
				inspected and/or tested for structural integrity, including corrosion, at least
				every five years;
(8) Whenever the
				owner or operator discovers that temporary or permanent repairs to the
				wastewater treatment units or associated piping are necessary to maintain
				structural integrity, the owner or operator shall notify the Bureau of Water
				Quality and the Bureau of Remediation and Waste Management within 24 hours of
				the discovery, and within 72 hours of such discovery, shall submit a written
				plan and repair schedule for review and approval of the Department;
(9) Repairs to equipment and structures are
				performed whenever necessary to maintain structural integrity prior to return
				to service;
(10) Wastewater
				analysis and inspection records must be retained at the facility and made
				available to any department or municipal official for inspection; and
(11) The certification must be submitted to
				the Bureau of Remediation and Waste Management, Hazardous Waste Management Unit
				at the address specified in Section
				10(A)(1) of this
				Chapter.
The certification must be made by a person authorized to sign
				  a license application under Section
				  10(A)(3) of this
				  Chapter, and such certification must read:
I certify, under penalty of law, that the requirements of
				  06-096 C.M.R. ch. 856, §6(D) have been met for all wastewater treatment
				  units which are unlicensed under the terms of that provision. I am aware there
				  are significant penalties for submitting false information including the
				  possibility of fine and imprisonment.