Code of Maine Rules › 06 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 096 - DEPARTMENT OF ENVIRONMENTAL PROTECTION - GENERAL › Chapter 164 - GENERAL PERMIT FOR CONCRETE BATCH PLANTS › Section 096-164-5 - Concrete Batch Plant General Permit Requirements for Operators

Current through 2024-29, July 17, 2024
A.
General Conditions
(1) Employees and authorized representatives
				of the Department shall be allowed safe access to the business premises during
				business hours, any time during which any emissions units are in operation, and
				at such other times as the Department deems necessary for the purpose of
				performing tests, collecting samples, conducting inspections, or examining and
				copying records relating to emissions (Title 38 MRSA §347-C). Prior to
				entrance to the property, the Department shall notify the operator and the
				operator, or a designee, shall provide safe access that complies with safety
				requirements of all local, state, and federal regulating authorities as well as
				all written safety standard operating procedures for that facility.
(2) The operator shall establish and maintain
				a continuing program of best management practices for suppression of fugitive
				particulate matter during any period of construction, reconstruction, or
				operation which may result in fugitive dust and shall submit a description to
				the Department upon request.
(3)
				The General Permit does not convey any property rights of any sort, or any
				exclusive privilege.
(4) The
				operator shall maintain and operate as necessary all emission units and air
				pollution systems required by the general permit in a manner consistent with
				good air pollution control practice for minimizing emissions.
(5) The operator shall maintain sufficient
				records to accurately document compliance with emission standards and general
				permit conditions and shall maintain such records for a minimum of six (6)
				years. The records shall be submitted to the Department upon written
				request.
(6) The operator shall
				comply with all applicable terms and conditions of this general permit. The
				filing of an appeal, the notification of planned changes or anticipated
				noncompliance, or the filing of an application for an air emission license
				issued under the authority of 06-096 CMR Ch. 115 shall not stay any condition
				of this General Permit.
(7) The
				operator shall not use as a defense in an enforcement action that the
				disruption, cessation, or reduction of operations would have been necessary in
				order to maintain compliance with the conditions of the General Permit.
				Notwithstanding any other provisions in the State Implementation Plan approved
				by the EPA or Section 114(a) of the CAA, any credible evidence may be used for
				the purpose of establishing whether a person has violated or is in violation of
				any statute or regulation.
(8) The
				operator shall keep a copy of the NOITC and manufacturer's operating
				instructions at the site where the facility operates and shall provide the
				documentation to Department representatives upon request.
(9) The operator shall train all equipment
				operator(s) to be thoroughly familiar with the terms and conditions of this
				general permit.
(10)
				Notwithstanding any part of this regulation, the owner/operator is subject to
				the applicable parts of 06-096 CMR Ch. 101, Visible Emissions.