Code of Maine Rules › 06 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 096 - DEPARTMENT OF ENVIRONMENTAL PROTECTION - GENERAL › Chapter 853 - LICENSING OF TRANSPORTERS OF HAZARDOUS WASTE › Section 096-853-11 - Universal Waste Transporter Requirements

Current through 2024-29, July 17, 2024
A. A transporter shall not mix universal
				wastes of different DOT shipping descriptions by placing them into a single
				container.
B. A transporter shall
				not remove universal waste from the container in which it was placed once it is
				moved from the site of generation until it is accepted at the central
				accumulation facility or destination facility, unless specifically authorized
				to do so by the Commissioner.
C. A
				transporter shall not transport universal waste in any manner which could
				endanger public health, safety or welfare or the environment,
D. A transporter shall not transport
				foodstuffs for human or animal consumption in a conveyance in which universal
				waste has been or is being transported if the foodstuffs might come in contact
				with the universal waste.
NOTE: The Department discourages the transport of foodstuffs
				  in the same conveyance with universal wastes.
E. A transporter shall not transport
				universal waste to a waste facility other than a facility for universal waste
				which is authorized to handle the waste under a State program, and if
				applicable the federal hazardous waste regulatory program, and which is one of
				the types of facilities referenced in 06-096 C.M.R. ch. 858, §
									5(B).
F. A conveyance in which universal waste is
				transported may be inspected at any time for compliance with the applicable
				standards set forth in these rules and for adequacy for safe transportation of
				universal 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, or until corrective actions are taken to
				correct the problem to the Department's satisfaction.
G. A transporter shall hold all other local,
				state and federal permits, licenses and certifications as are necessary for the
				universal waste activity as they relate to business conducted in Maine, and
				shall comply with all state and federal law and rules applicable to its license
				activity.
H. A transporter shall
				have in force at all times liability insurance coverage with limitation of
				liability appropriate for the transporting of universal waste and the risk
				involved, but in no case less than $1,000,000 annual aggregate on coverage.
				Municipalities, state and federal governments, and small universal waste
				generators are exempt from the liability insurance requirement.
I. A transporter shall comply with all
				applicable state and federal requirements regarding the use of a manifest, bill
				of lading, or when applicable log for transportation of universal
				waste.
J. A transporter shall
				comply with all state and federal inspection and training requirements as may
				from time to time be applied by law or rule to its license activity.
K. A transporter shall have a plan for the
				types of wastes transported and be capable of carrying out the plan, for the
				clean up of discharges of universal waste. The plan must include the
				requirements of 06-096 C.M.R. ch. 858, §§
									7(G) and
				7(H) as well as the
				emergency telephone number for reporting spills to the Maine Department of
				Public Safety (State Police). The conveyance operator shall be familiar with
				the clean up plan and the types of wastes being carried on the vehicle, shall
				be capable of carrying out the plan, and shall have a copy of the clean up plan
				in his/her possession. The transporter shall provide to the Department and to
				public safety agencies all information necessary for response to emergency
				situations involving universal waste activity. In the event of a discharge of
				universal waste during transportation which releases universal wastes from the
				primary container, the transporter shall implement its clean-up plan taking
				immediate appropriate action to protect public health and safety and the
				environment and shall immediately report the discharge to the Maine Department
				of Public Safety by calling, 1-800-452-4664, or (207) 624-7076 and comply with
				the provisions of 06-096 C.M.R. ch. 857, §
									8(J) of the
				Department's rules.
NOTE: The Department will make available for small universal
				  waste generators a generic clean up plan.
L. A transporter shall not accept for
				transport or transport universal wastes which are unlabeled or which are in
				damaged, bulging, leaking, unsuitable or otherwise unsafe containers, nor
				accept for transport or transport any wastes which are incompatible with each
				other such that a danger to public health or safety or the environment could
				result from their being transported together.
M. It is the duty of the transporter to
				ensure that the transportation be carried out in safety and without creating or
				threatening danger to public health or safety.
N. The transporter shall assist the
				Department in obtaining compliance with this Chapter.
O. A transporter shall comply with the export
				and import requirements of 06-096 C.M.R. ch. 857, and with 40 C.F.R. Part 262
				Subpart H and 40 C.F.R. §§263.20(a)(2) and 263.20(g).
NOTE: Transporters may only send universal wastes to a
				  recycling facility, a consolidation facility, or a central accumulation
				  facility for universal wastes, except for ballasts and the residues from
				  mercury spill kits which may go to a properly approved treatment, storage or
				  disposal facility.
P. A
				transporter shall be considered a generator of universal waste and shall comply
				with the requirements of 06-096 C.M.R. ch. 851 if the transporter transports
				universal waste into or through the State of Maine from a foreign
				country.
Q. A transporter shall
				comply with all applicable U.S. Department of Transportation (DOT) regulations
				in 49 C.F.R. Parts 171 through 180 for the transport of any universal wastes
				that meets the definition of hazardous materials in 49 C.F.R. §171.8. Some
				universal waste materials are regulated by the DOT as hazardous materials
				because they meet the criteria for one or more hazard classes specified in 49
				C.F.R. §173.2. When using the Recyclable Hazardous Materials Uniform Bill
				of Lading, the universal wastes may not be described by the DOT proper shipping
				name "hazardous waste, (l) or (s), n.o.s.", nor may the hazardous material's
				proper shipping name be modified by adding the word "waste".
NOTE: The label placed on a universal waste container by a
				  generator can use the word "waste". It is the shipping document that cannot use
				  the word "waste". Use of the term "waste" on a generator's label means that the
				  material is regulated as a universal waste by the State of Maine, but does not
				  mean that it is necessarily regulated by DOT as a hazardous material. Whether
				  or not any particular material is regulated by DOT as a hazardous material is
				  determined in accordance with the DOT regulations and should be set forth on
				  the shipping document.
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, with removal of the word "Hazardous" from
				  its title, is approved for documenting shipments of Maine universal wastes
				  which are not DOT regulated hazardous materials, as well as universal wastes
				  that are hazardous materials.