Code of Maine Rules › 06 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 096 - DEPARTMENT OF ENVIRONMENTAL PROTECTION - GENERAL › Chapter 856 - LICENSING OF HAZARDOUS WASTE FACILITIES › Section 096-856-5 - Persons Who Shall Apply for and Obtain Licenses

Current through 2024-29, July 17, 2024
A. Any person who proposes to own or operate
				a waste facility for hazardous waste shall, prior to establishment,
				construction or operation of the facility, apply for and obtain a license as
				required by this Chapter.
B. Any
				person who proposes to continue to own or operate a waste facility for
				hazardous waste for which an interim license is in force shall apply for and
				obtain a license as required by this Chapter.
C. Any person who proposes to alter the
				design, construction or operation of a licensed waste facility for hazardous
				waste shall, prior to alteration of the facility, apply for and obtain approval
				from the Department for the alteration. Approval of an alteration, if granted,
				will ordinarily be by amendment to the license and may be with or without
				conditions.
D. Any person who
				proposes to undertake or institute a substantial modification to a licensed
				hazardous waste facility shall, prior to undertaking or instituting the
				modification, apply for and obtain a license for the modification as required
				by this Chapter.
E. Where the owner
				and the operator are not the same person, either may obtain the license but
				both shall, by signing the certification on the application form, sign and
				certify the application.
F. Any
				person who owns or operates a facility for hazardous waste under interim or
				final license which closes and is subject to post-closure requirements of
				06-096 C.M.R. ch. 854 or 06-096 C.M.R. ch. 855 shall apply for and obtain from
				the Board a post-closure care license prior to closure of the facility. The
				denial of a license for the active life of a facility or unit does not affect
				the requirement to obtain a post-closure license under this section. Approval
				of a post-closure license, if granted by the Board, may be with or without
				conditions. The owner or operator shall obtain a license or licenses during the
				entire post-closure care period. Owners or operators of surface impoundments,
				land treatment units, and waste piles closing by removal or decontamination
				under 06-096 C.M.R. ch. 855 shall obtain a post-closure license unless they can
				demonstrate to the Board that the closure met the standards for closure by
				removal or decontamination under 06-096 C.M.R. ch. 854. The demonstration must
				be made as part of an application for a post-closure license, based upon
				information in the application. License processing procedures govern the review
				and final determination regarding the demonstration. At a minimum, the
				post-closure license must address applicable ground water monitoring,
				unsaturated zone monitoring, corrective action, and post-closure care
				requirements of 06-096 C.M.R. ch. 854. In the case of a license application for
				post-closure care only, the requirements of Sections
				10(A) and
				10(K) of this
				Chapter apply.