Code of Maine Rules › 06 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 096 - DEPARTMENT OF ENVIRONMENTAL PROTECTION - GENERAL › Chapter 400 - GENERAL PROVISIONS › Appendix 096-400-C - STANDARD CONDITIONS TO ALL SOLID WASTE FACILITY LICENSES

Current through 2024-29, July 17, 2024
1.
Approval of Variations from Plans.
The
				  granting of this approval is dependent upon and limited to the proposals and
				  plans contained in the application and supporting documents submitted and
				  affirmed by the license. Any consequential variation from these plans,
				  proposals, and supporting documents is subject to review and approval prior to
				  implementation.
2.
Compliance with All Applicable Laws.
The
				  licensee shall secure and comply with all applicable federal, state, and local
				  licenses, permits, authorizations, conditions, agreements, statutes,
				  regulations, and orders prior to or during construction and operation, as
				  appropriate.
3.
Compliance with All Terms and Conditions of
				  Approval.
The licensee shall submit all reports and information
				  requested by the Department demonstrating that the licensee has complied or
				  will comply with all terms and conditions of this approval. All preconstruction
				  terms and conditions must be met before construction begins.
4.
Transfer of License.
The licensee may not
				  transfer the solid waste facility license or any portion thereof without
				  approval of the Department.
5.
Initiation of Construction or Development Within Two
				  Years.
If the construction or operation of the solid waste facility is
				  not begun within two years of issuance or within 2 years after any
				  administrative and judicial appeals have been resolved, the license lapses and
				  the licensee must reapply to the Department for a new license unless otherwise
				  approved by the Department.
6.
Approval Included in Contract Bids.
A copy of
				  the approval must be included in or attached to all contract bid specifications
				  for the solid waste facility.
7.
Approval Shown to Contractors.
Contractors
				  must be shown the license by the licensee before commencing work on the solid
				  waste facility.
8.
Background of key individuals.
A licensee may
				  not knowingly hire as an officer, director or key solid waste facility
				  employee, or knowingly acquire an equity interest or debt interest in, any
				  person convicted of a felony or found to have violated a State or federal
				  environmental law or rule without first obtaining the approval of the
				  Department.
9.
Fees
The licensee must comply with annual license and annual
				  reporting fee requirements of the Department's rules.
ADDITIONAL STANDARD CONDITIONS FOR SOLID WASTE DISPOSAL
				  FACILITIES
10.
Recycling and Source Reduction Determination for
				  Solid Waste Disposal Facilities.
This condition does not apply to the
				  expansion of a commercial solid waste disposal facility that accepts only
				  special waste for landfilling.
The solid waste disposal facility shall only accept solid
				  waste that is subject to recycling and source reduction programs, voluntary or
				  otherwise, at least as effective as those imposed by State law.
11.
Deed Requirements for Solid Waste Disposal
				  Facilities.
Whenever any lot of land on which an active, inactive, or
				  closed solid waste disposal facility is located is being transferred by deed,
				  the following information must be recorded in the Registry of Deeds:
A. The type of facility located on the lot and the dates of
				  its establishment and closure.
B. A description of the location and the composition, extent,
				  and depth of the waste deposited.
C. The disposal location coordinates of asbestos wastes must
				  be identified.