Code of Maine Rules › 06 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 096 - DEPARTMENT OF ENVIRONMENTAL PROTECTION - GENERAL › Chapter 856 - LICENSING OF HAZARDOUS WASTE FACILITIES › Section 096-856-10 - Application Requirements

Current through 2024-29, July 17, 2024
A.
General
				Requirements
(1) An applicant for a
				license for a waste facility for hazardous waste shall file an application in
				accordance with the requirements of this section, (except for applications
				submitted under Section
				11 of this Chapter), including a
				completed license application form and all supporting materials.
"Applicant" includes a person applying for a license for a
				  substantial modification to a licensed facility. "Application" includes an
				  application for a substantial modification to a licensed facility. However,
				  information filed with the Department as part of an application for an initial
				  license for a facility may satisfy some or all of the application requirements
				  for a license for a substantial modification to the facility, if the applicant
				  so requests and if the Department makes the determination that the information
				  on file provides a proper basis for review of and decision on the application
				  for the modification.
Application forms must be obtained from and filed
				  with:
Department of Environmental Protection
Bureau of Remediation and Waste Management
Division of Materials Management
17 State House Station
Augusta, Maine 04333-0017
NOTE: Applicants are encouraged to contact the Division of
				  Materials Management (Telephone No. 207-287-7688) for assistance and
				  information prior to the filing of an application.
(2) An applicant who owns or operates or
				proposes to own or operate a waste facility for hazardous waste in which more
				than one type of handling is performed may file a single application for a
				license to include all those types of handling. The application shall meet all
				license application requirements applicable to each type of handling.
(3) The application must be signed and
				certified by:
(a) A principal executive
				officer of at least the level of a vice-president, if the applicant is a
				corporation;
(b) A general partner
				or the proprietor, as appropriate, if the applicant is a partnership or sole
				proprietorship; or
(c) A principal
				executive officer or ranking elected official, if the applicant is a
				municipality, state, federal, or other public agency.
Signing of the application constitutes certification thereof
				  in accordance with the certification statement on the application form.
(4) With the
				application, an applicant shall remit the appropriate application fee as
				established below, by certified check or money order made payable to the Maine
				Hazardous Waste Fund:
Type of Facility
Fee
Disposal Facility
$10,000
Commercial Treatment Facility
$7,000
On-Site Treatment Facility
$4,000
Other waste facility for hazardous waste, including
							 storage facilities
$2,500
Treatment facility under license by rule provisions
							 (i.e., Abbreviated Licenses in Section
							 11 of this Chapter), where the
							 hazardous waste treated is 1,000 kg or less per calendar month
$75
All other facilities for hazardous waste under
							 license by rule provisions (i.e., Abbreviated Licenses in Section
							 11 of this Chapter)
$400
Facility post-closure license
$2,000
A refund of fifty (50) percent of the fee will be returned
				  to an applicant who withdraws an application within thirty (30) calendar days
				  of its submission.
(5) The
				application fees are required for initial applications and for any applications
				for a substantial modification to a facility or a license. The fee is not
				required for renewal applications or for an application to allow a change of
				ownership or operator, where, in such cases, no substantial change to the
				facility or license is sought.
(6)
				An applicant shall complete the application form and submit it and all
				supporting materials as required by rule. On the application form, the
				Department will specify the number of copies to be submitted.
(7) All engineering designs, reports, plans,
				and other technical engineering documents must be signed and certified by a
				State of Maine Registered Professional Engineer.
(8) All geological work must be signed and
				certified by a State of Maine Certified Geologist, except that soils work may
				be signed and certified by a State of Maine Certified Soils
				Scientist.
(9) All survey work must
				be signed and certified by a State of Maine Registered Land Surveyor.
(10) All drawings must be done on paper no
				smaller than 8½ x 11 inches and no larger than 30 x 40 inches in size
				folded to 8½ x 11 inches.
(11) The Department will consider an
				application only when an applicant has demonstrated sufficient title, right, or
				interest in all of the property which is proposed for development or use. An
				applicant shall demonstrate in writing sufficient title, right, or interest, as
				follows:
(a) When the applicant owns the
				property, a copy of the deed(s) to the property must be supplied.
(b) When the applicant has a lease on the
				property, a copy of the lease must be supplied. The lease must be of sufficient
				duration, as determined by the Department, to permit construction and
				reasonable use of the facility.
(c)
				When the applicant has an option to buy or lease the property, a copy of the
				option agreement must be supplied. Option agreements must contain terms deemed
				sufficient by the Department to establish future title or a leasehold of
				sufficient duration.
(d) When the
				applicant has eminent domain power over the property, evidence must be supplied
				as to the ability and intent to use the eminent domain power to acquire
				sufficient title, right, or interest as determined by the Department.
(12) Pre-application Public
				Meeting and Notice. An applicant shall comply with the pre-application meeting
				requirements of
Rules Concerning the Processing of Applications and
				Other Administrative Matters
, 06-096 C.M.R. ch. 2, §§
										2(A), 10(B)(5) and
				13(A) and 40 C.F.R.
				§124.31, including the following requirements:
(a) The applicant shall hold at least one
				meeting with the public in order to solicit questions from the community and
				inform the community of proposed hazardous waste management activities. The
				applicant shall post a sign-in sheet or otherwise provide a voluntary
				opportunity for attendees to provide their names and addresses;
(b) The applicant shall submit a summary of
				the meeting, along with the list of attendees and their addresses developed
				under Section 10(A)(12)(a) of this Chapter, and copies of any written comments
				or materials submitted at the meeting, to the Department as a part of the
				application;
(c) The applicant
				shall provide public notice of the pre-application meeting at least 30 days
				prior to the meeting. The applicant shall provide to the Department
				documentation of the public notice. The applicant shall provide public notice
				of the pre-application public meeting in all of the following forms:
(i) A newspaper advertisement. The applicant
				shall publish a notice in a newspaper of general circulation in the county or
				equivalent jurisdiction that hosts the proposed location of the facility. In
				addition, the Department may instruct the applicant to publish the notice in
				newspapers of general circulation in adjacent counties or equivalent
				jurisdictions, where the Department determines that such publication is
				necessary to inform the affected public;
(ii) A visible and accessible sign. The
				applicant shall post a notice on a clearly marked sign at or near the facility.
				If the applicant places the sign on the facility property, then the sign must
				be large enough to be readable from the nearest point where the public would
				pass by the site;
(iii) A broadcast
				media announcement. The applicant shall broadcast a notice at least once on at
				least one local radio station or television station. The applicant may employ
				another medium with prior approval of the Department; and
(iv) A notice to the Department. The
				applicant shall send a copy of the newspaper notice to the Department and to
				the municipality, or if the facility is located in an unorganized territory, to
				the county clerk of the county of its location.
(d) The notices required under Section
				10(A)(12)(c) of this Chapter must include:
(i)
				The date, time, and location of the meeting;
(ii) A brief description of the purpose of
				the meeting;
(iii) A brief
				description of the facility and proposed operations, including the address or a
				map (e.g., a sketched or copied street map) of the facility location;
(iv) A statement encouraging people to
				contact the facility at least 72 hours before the meeting if they need special
				access to participate in the meeting; and
(v) The name, address, and telephone number
				of a contact person for the applicant.
NOTE: Pursuant to 38 M.R.S. §1319- R(3), all applicants
				  for a license to construct, operate, or substantially expand a commercial
				  hazardous waste facility shall give, at the same time, written notice to the
				  municipal officers of the municipality in which the proposed facility will be
				  located. In addition, the municipality through its municipal officers is
				  granted intervenor status in any proceeding for site review of a commercial
				  hazardous waste facility.
(13) Within 15 working days of receipt of an
				application, the Commissioner of the Department will notify the applicant of
				the date the application was accepted by the Department as being complete for
				processing or return it specifying in writing the reasons for returning the
				application. No further processing of an application will occur until the
				Department determines it to be complete. The statutory time period within which
				the Department acts upon the application pursuant to 38 M.R.S. §344 does
				not begin until the application is determined to be complete. If the applicant
				does not submit a complete application for a facility, renewal, modification,
				closure, post-closure or any other required application, the Department may
				deny a license for the facility or unit.
(14) In reviewing applications determined to
				be complete for processing, the Board or Department may require additional
				information from the applicant on any aspect of the facility relating to
				compliance with the standards of 06-096 C.M.R. ch. 854 and this
				Chapter.
(15) An applicant shall
				give public notice of the filing of an application by:
(a) Filing a copy of the application, and any
				changes thereto, with the clerk of the municipality in which the facility is or
				will be located or, if the facility is or will be located in the unorganized
				territory, with the county clerk of the county of its location. The application
				and changes must be so filed at the time each is filed with the Department
				except in the case of a mobile treatment facility which need not file the
				notice until the time of filing of Phase II of its application;
NOTE: For a mobile treatment facility, the application
				  consists of two phases. Phase I is an evaluation of treatment technology and
				  conditions of operation; and Phase II is an assessment of the location(s) where
				  the unit will be used.
(b)
				Publishing notice, in size and form at least equivalent to standard legal
				notices and containing the information specified below, in at least one
				newspaper of general circulation in the area in which the facility is or will
				be located. For the purposes of a mobile treatment facility, the circulation
				area means the entire State of Maine for Phase I of the application. Notice
				must be published once during the week in which the application is filed and
				once during the following week;
(c)
				Broadcasting notice containing the information specified below over at least
				one radio station broadcasting in the area in which the facility is or will be
				located. Notice must be broadcast at least once each day of the week in which
				the application is filed; for the purposes of a mobile treatment facility, the
				circulation area means the entire State of Maine for Phase I of the
				application; and
(d) Giving notice
				to all owners of property abutting the facility property. For mobile treatment
				facilities, this notice must be given at the time of the filing of Phase II of
				the application, as defined in 06-096 C.M.R. ch. 854, §
											6(G).
(16) The public notice must
				include, but not be limited to:
(a) The name,
				location and type (e.g., hazardous waste storage facility; hazardous waste
				incinerator) of the facility;
(b)
				The name of the owner and operator of the facility and the name, address, and
				telephone number of a contact person for the applicant;
(c) A statement that the application has been
				filed and the date filed;
(d)
				Identification of the hazardous waste(s) to be handled at the facility and
				descriptions of the method(s) of handling;
(e) A statement that public comments are
				invited and will be considered by the Department if filed within 45 days of the
				last day of the week in which the application is filed;
(f) A statement that a public hearing may be
				requested by any person, groups of persons, or agency with respect to the
				application. The request for hearing must be in writing, indicate the interest
				of the party filing the request, the reasons why a hearing is warranted and
				must be filed within 45 days of the last day of the week in which the
				application is filed;
(g) A
				statement that comments and hearing requests must be filed with the Department,
				that more information can be obtained from the Department, and that people can
				write to the Department to be put on the facility mailing list, at the
				following Department address:
Department of Environmental Protection
Bureau of Remediation and Waste Management
Division of Materials Management
17 State House Station
Augusta, Maine 04333-0017
Telephone # (207) 287-7688; and
(h) The locations at which and the times
				during which the application and supporting materials may be
				examined.
(17) The
				applicant shall submit to the Department evidence demonstrating that notice has
				been published and broadcast as required above, within 5 days of completion of
				publication and broadcasting. If such evidence is not received, or if notice
				requirements have not been complied with, processing of the application will
				cease and will not recommence until notice has been given as
				required.
(18) For a facility at
				which hazardous waste will be disposed, the applicant shall provide information
				demonstrating that the volume of waste and the risks related to its handling
				will have been reduced to the maximum practical extent by treatment and volume
				reduction prior to disposal.
(19)
				The applicant shall demonstrate, in the application, sufficient financial
				capacity, including projections of utilization of the facility by hazardous
				waste generators, to construct, operate, and maintain all aspects of the
				facility in accordance with requirements of statute and rules.
(20) Except as provided in Section
				13(A)(10)  of this
				Chapter, applicants shall keep records of all data used to complete license
				applications and any supplemental information submitted pursuant to this
				Chapter for a period of at least three years from the date the application is
				signed.
(21) If a hearing is
				mandatory, the applicant shall file notice in accordance with 5 M.R.S.
				§9051(A).