Code of Maine Rules › 06 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 096 - DEPARTMENT OF ENVIRONMENTAL PROTECTION - GENERAL › Chapter 853 - LICENSING OF TRANSPORTERS OF HAZARDOUS WASTE › Section 096-853-7 - Licenses

Current through 2024-29, July 17, 2024
A. If an application is complete and the
				granting of the license will not cause or contribute to a violation of law or
				rule, and the applicant has not misrepresented any facts in its application,
				the Department may issue a license, with or without special
				conditions.
B. A license under this
				Chapter is issued on the basis of information supplied in the application and
				is valid only so long as that information remains accurate. Where the
				Department has been notified of a change in the information, the license
				remains valid notwithstanding the change, so long as any additional or
				different terms and conditions of the license necessitated by the changed
				information are complied with.
C. A
				license under this Chapter is issued only to and for persons, conveyances,
				locations and activities as specified in the license and is
				non-transferable.
D. A license or
				renewal of a license granted under this Chapter is valid for one calendar year
				beginning with the date of issuance. Business location license certificates,
				conveyance license certificates and operator license certificates issued with
				the initial license or added thereafter as provided by this Chapter also expire
				on the date the license expires.
E.
				A conveyance in which hazardous waste is transported may be inspected at any
				time for compliance with the standards set forth in Section
				8 of this Chapter, for compliance with
				any special conditions attached to that license, and for adequacy for safe
				transportation of hazardous waste. Inspection may be made by a public safety
				officer or any authorized representative of the Department. A conveyance found
				to be not in compliance with this Chapter or otherwise unsafe must not
				thereafter be operated except under the direction of a public safety officer or
				an authorized representative of the Department.
F. The transporter license certificate, or
				certified copy thereof obtained from the Department, covering an operator of a
				conveyance in which hazardous waste is transported must be in the immediate
				possession of the operator when the operator is engaged in such activity and
				must be made available for inspection upon demand by any public safety officer
				or authorized representative of the Department. The transporter license
				certificate, or certified copy thereof obtained from the Department, covering
				such a conveyance must be with the conveyance when the conveyance is used in
				such activity and must be made available for inspection upon demand by any
				public safety officer or authorized representative of the Department. The
				transporter license certificate, or certified copy thereof obtained from the
				Department, covering a business must be prominently displayed at each location
				of the business.
G. Any person may
				request a temporary emergency transporter license because of an emergency
				condition that requires that hazardous waste be transported within a time not
				permitting issuance of a regular license.
(1)
				The written application or oral advice (followed by written application) must
				include the nature of the emergency condition, its expected duration, identify
				all types and quantities of hazardous waste to be transported, the origin,
				destination and route of transportation, the name of the operator, and the
				conveyance to be used for transporting the hazardous waste. Any oral advice
				must be followed by a written application within three (3) days of the oral
				advice.
(2) If the oral advice 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 safety or to the environment and which requires transportation of the
				hazardous waste and that such transportation will not itself create or threaten
				imminent and substantial endangerment to human health or safety or to the
				environment, the Commissioner may issue a temporary emergency transporter
				license. The license:
(a) may be oral; if so,
				it may be followed within 5 days by a written emergency permit;
(b) may be only for the duration of the
				emergency;
(c) may describe the
				activity for which it is issued, to whom it is issued, and the operator and
				conveyance covered by it;
(d) may
				incorporate to the extent possible and not inconsistent with the emergency
				situation all applicable requirements of this Chapter and 06-096 C.M.R. ch.
				857; and
(e) may be terminated by
				the Commissioner at any time.
In addition, the transporter who transports or delivers
				  hazardous waste under a temporary emergency transporter license shall file a
				  written report with the Department giving such information as the Department
				  may require within seven (7) days of transporting or delivering hazardous
				  waste.