Code of Maine Rules › 06 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 096 - DEPARTMENT OF ENVIRONMENTAL PROTECTION - GENERAL › Chapter 858 - STANDARDS FOR UNIVERSAL WASTE › Section 096-858-7 - Generator Standards

Current through 2024-29, July 17, 2024
All generators of universal wastes shall comply with either
				  the full Hazardous Waste Management Rules, 06-096 C.M.R. chs. 850 through 857
				  or the following alternative generator standards.
A. Determine whether the waste generated is
				hazardous in accordance with Section
				5 of 06-096 C.M.R. ch. 851 and,
				pursuant to 38 M.R.S. §1663 determine that all mercury containing lamps
				are a universal waste;
NOTE
: All mercury containing lamps are universal
				  wastes as required by statute, regardless of TCLP test results.
B. Determine whether the waste is
				a universal waste under Section
				4(P) of this Chapter;
NOTE
: If a hazardous waste is not eligible for
				  regulation under the universal waste rules, then the full hazardous waste
				  management rules apply, 06-096 C.M.R. chs. 850 through 857.
C. Properly track the universal waste via a
				manifest, Recyclable Hazardous Material Uniform Bill of Lading, or the log
				system in accordance with 06-096 C.M.R. ch. 857;
D. Utilize a licensed transporter in
				accordance with 06-096 C.M.R. ch. 851, §7 or a common carrier in
				accordance with 06-096 C.M.R. ch. 853, §
									10(B);
E. Transport or offer for transport,
				universal waste only to a facility authorized to handle the waste under a state
				program, and which is authorized to handle the waste under the federal
				hazardous waste regulatory program, if applicable, and which is one of the
				types of facilities named in Section
				5(B) of this
				Chapter;
F. Store all universal
				waste in containers. Containers must not show evidence of leakage, spillage or
				damage that could cause leakage under reasonably foreseeable conditions. The
				containers must be closed, structurally sound, compatible with the content of
				the waste, and must not be leaking, spilling, dented or damaged such that it
				could cause leakage under reasonably foreseeable conditions;
G. Immediately contain and transfer all
				releases of waste and residues resulting from spills or leaks from broken or
				ruptured universal waste to a container that meets the requirements of the
				Maine
Hazardous Waste Management Rules
, 06-096 C.M.R. chs. 850
				through 857, except that waste and residues from incidental breakage of 10 or
				less CRTs or lamps as a result of an accidental event may still be managed as a
				universal waste;
H. Determine by
				testing, or handle as hazardous, clean up residues resulting from spills or
				leaks from events other than incidental breakage of lamps or CRTs in accordance
				with Maine
Hazardous Waste Management Rules
, 06-096 C.M.R. chs.
				850 through 857, including generator accumulation time limit, storage and
				disposal standards, and count this waste toward the determination of hazardous
				waste generator status;
I. Train
				all employees and contractors who handle or have responsibility for managing
				universal wastes on proper handling and emergency procedures. Maintain the
				documentation of employee and contractor training. The documentation must
				include the name of the person receiving the training, the date of the training
				and the information covered during the training;
J. Conduct weekly inspections of universal
				waste storage areas and maintain a written inspection log to document the
				inspections. The log must include the name of the inspector, date of
				inspection, number and condition of waste containers and descriptions of
				actions taken to address any problem discovered during the inspection. The
				number of universal wastes (i.e., number of lamps, thermostats, individual
				architectural paint original containers) must be maintained onsite;
NOTE
: The generator may find the inspection log
				  to be the easiest way to keep track of the number of universal wastes
				  onsite.
K. Store universal
				waste in a secured area which can be locked when not in use;
L. Label each universal waste container or
				collection container with an accumulation start date and the date the container
				becomes full;
M. Store universal
				wastes for no more than one year from the date the waste is first placed in the
				container or collection container. A generator may store waste for more than
				one year only if the generator stores the waste for no more than 90 days from
				the date the container or collection container becomes full when the activity
				is solely for the purposes of accumulation of such quantities of universal
				waste as necessary to facilitate proper recovery, treatment or disposal. The
				handler bears the burden of proving that such activity was solely for the
				purposes of accumulation of such quantities as necessary to facilitate proper
				recovery, treatment or disposal. For the purposes of the accumulation of the
				following waste in collection containers no larger than the following
				capacities, the accumulation time of 90 days from the collection container full
				date is deemed "necessary to facilitate proper recovery, treatment or
				disposal":
(1) Architectural paint - container
				of 5 gallons or less;
(2) Cathode
				Ray Tubes - no larger than a single gaylord container;
NOTE
: A gaylord container is typically a
				  4'x4'x4' container that will typically contain 24 CRTs.
(3) Lamps - no larger than a 190-bulb
				capacity container;
(4) Mercury
				Thermostats - container of no larger than 30 gallons;
(5) Mercury Devices - containers of no larger
				than 55 gallons; and
(6) Motor
				Vehicle Mercury Switches - containers of no larger than 5 gallons.
Motor Vehicle Mercury Switches must be shipped off site at
				  least every three years regardless of whether the quantity accumulated reaches
				  the capacity limit identified in this subsection.
NOTE
: This universal waste in storage will not
				  be considered part of your hazardous waste accumulation for the purpose of your
				  generation status.