Code of Maine Rules › 06 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 096 - DEPARTMENT OF ENVIRONMENTAL PROTECTION - GENERAL › Chapter 801 - DISCHARGE OF HAZARDOUS MATTER: REMOVAL AND WRITTEN REPORTING PROCEDURES › Section 096-801-3 - Reporting of a Discharge

Current through 2024-29, July 17, 2024
A.
Immediate
				reporting.
The responsible party or person causing a discharge of
				hazardous matter in any quantity and under any circumstances must report the
				discharge immediately to the Department of Public Safety (State Police) unless
				exempted pursuant to Chapter 800 of the Department's regulations.
NOTE 1: Call 1-800-452-4664 or 207-624-7000 to notify Public
				  Safety of a discharge. Public Safety officials will notify the Department; the
				  responsible party is not required to do so. Discharges of hazardous matter
				  exceeding the federal reportable quantities in Appendix A to Chapter 800 of the
				  Department's regulations must also be reported to:
The National response Center at 1-800-424-8802 [see
					 40 CFR
					 §264.56 ]
										 The local fire department and the local community
					 emergency coordinator if the spill goes beyond the boundary of the facility
					 [see 37-B MRSA § 798(1) and 40 CFR §355.4 ].
NOTE 2: Immediate reporting is not required if discharges are
				  less than a reportable quantity and pursuant to 38 M.R.S.A. §1318-C, the
				  facility has submitted a spill prevention, control and clean-up plan to the
				  Department, the hazardous matter and the discharge are covered by the plan, the
				  discharge is cleaned up in accordance with the plan, and the facility maintains
				  a record of the plan's implementation in response to the discharge.
B.
Follow-up report
				required.
The responsible party shall file a written report with the
				Department within 15 days after any discharge of hazardous matter. The report
				must include:
1 The name and address of the
				facility where the discharge occurred;
2 The name, address and telephone number of
				the facility owner or operator;
3
				The name and amount of hazardous matter involved;
4 The date and time the discharge began;
5 The date and time the discharge
				was discovered;
6 The cause of the
				discharge;
7 The steps taken to
				remove the discharge;
8 The actual
				or estimated quantity of recovered material requiring disposal, and the actual
				or proposed disposal procedures; and
9 An assessment of actual or potential
				hazards to the environment and human health, and the extent of injuries, if
				any.
If the information required in paragraphs (1) through (9)
				  above is not available by the time the report is due, the report must be filed
				  without it, but must include a statement explaining why the information is not
				  provided and when it is expected to be made available. The responsible party
				  shall file an amended report as soon as the required information that was not
				  provided with the original report becomes available. The Department may require
				  information in addition to that required in paragraphs (1) through (9) above,
				  as needed to administer its hazardous matter control responsibilities under
				  Maine law.
The written response must be filed by hand delivery or mail
				  to the Department staff person who oversaw the initial spill response or by
				  mailing it to: Director of Response Services, DEP-BRWM, 17 SHS, and Augusta, ME
				  04333.
NOTE: A written response may also be required by the Maine
				  Emergency Response Commission. See 37-B MRSA §798(3). See also, EPA
				  regulation
				  40 CFR
				  §264.56(j) [discharges
				  of hazardous waste]; and U.S. Department of Transportation regulation
				  49 CFR
				  §171.16 [discharges of hazardous
				  materials by carriers].