reglab/statecodes huggingface dataset:
Code of Maine Rules › 06 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 096 - DEPARTMENT OF ENVIRONMENTAL PROTECTION - GENERAL › Chapter 800 - IDENTIFICATION OF HAZARDOUS MATTER › Section 096-800-1 - Legal Authority

Current through 2024-29, July 17, 2024
This rule is authorized by and adopted under
				   38 M.R.S.A.
				  §1319(1) which provides
				  for the identification of substances as hazardous matter by the Board of
				  Environmental Protection.
Code of Maine Rules › 06 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 096 - DEPARTMENT OF ENVIRONMENTAL PROTECTION - GENERAL › Chapter 800 - IDENTIFICATION OF HAZARDOUS MATTER › Section 096-800-2 - Purpose

Current through 2024-29, July 17, 2024
It is the purpose of the Board of Environmental Protection,
				  consistent with legislative policy, to identify those substances the discharge
				  of which into or upon the land or waters of the State or into the ambient air
				  is prohibited by
				   38 M.R.S.A.
				  §1317-A.
Code of Maine Rules › 06 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 096 - DEPARTMENT OF ENVIRONMENTAL PROTECTION - GENERAL › Chapter 800 - IDENTIFICATION OF HAZARDOUS MATTER › Section 096-800-3 - Definitions

Current through 2024-29, July 17, 2024
A.
Board.
"Board" means Board of
				Environmental Protection.
B.
Department.
"Department" means Department of Environmental
				Protection.
C.
Discharge.
"Discharge" includes, but is not limited to, any
				spilling, leaking, pumping, pouring, emitting, disposing, emptying or dumping
				onto the land or into the water or ambient air.
D.
Hazardous matter.
"Hazardous
				matter" means a substances identified by the board under section 1319 that
				present a present or potential danger to the people of the State or to its
				natural environment when deposited on land or discharged on or into waters of
				the State or ambient air.
E.
Remove or removal.
"Remove" or "removal" means the mitigation of
				the danger created by hazardous matter by either:
(a) Treatment or cleanup of a discharge of
				hazardous matter; or
(b) Any action
				necessary to prevent or minimize danger from discharge or threatened
				discharge.
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 096-801-1 - Definitions

Current through 2024-29, July 17, 2024
A.
Board.
"Board" means Board of
				Environmental Protection.
B.
Commissioner.
"Commissioner" means Commissioner of the Department
				of Environmental Protection.
C.
Department.
"Department" means Department of Environmental
				Protection.
D.
Remove or
				removal.
"Remove or removal" means the mitigation of the danger created
				by hazardous matter by either:
(1) Treatment
				or cleanup of a discharge of hazardous matter; or
(2) Any action necessary to prevent or
				minimize danger from discharge or threatened discharge.
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 096-801-2 - Removal

Current through 2024-29, July 17, 2024
A. The following and their isomers, if any,
				due to their chemical/physical characteristics, must be removed utilizing the
				most practical and efficient existing technology applicable to the removal of
				liquid hydrocarbons (oil and oil related products):
1 allyl
2 amyl acetate
3 benzene
4 cyclohexane
5 ethylbenzene
6 isoprene
7 methyl methacrylate
8 styrene
9 toluene
10 xylene
A responsible party may request the Commissioner or his
				  designee to approve, for removal of any of the above, technology that is not
				  generally used in the removal of liquid hydrocarbons.
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 096-801-4 - Access

Current through 2024-29, July 17, 2024
The responsible party shall permit access by Department staff
				  to the location of the discharge. If the location of the discharge is not under
				  the control of the responsible party, he shall assist Department staff in
				  obtaining access.
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 096-801-5 - Sampling and monitoring

Current through 2024-29, July 17, 2024
Department staff may inspect the location of a discharge, may
				  make drawings, may take samples, photographs and other records and notes and
				  may establish monitoring stations. The responsible party shall cooperate with
				  the Department staff in such investigatory activities.
Code of Maine Rules › 06 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 096 - DEPARTMENT OF ENVIRONMENTAL PROTECTION - GENERAL › Chapter 850 - IDENTIFICATION OF HAZARDOUS WASTES › Section 096-850-1 - Legal Authority

Current through 2024-29, July 17, 2024
This Chapter is authorized and adopted under 38 M.R.S.
				  §1319- O(1) and is intended to be consistent with applicable requirements
				  of
The Solid Waste Disposal Act
, as amended by the
Resource Conservation and Recovery Act of 1976
(RCRA), as
				  amended, 42 U.S.C. §6901 through 6992(k) and regulations promulgated by
				  the United States Environmental Protection Agency (EPA)
				  thereunder.
Code of Maine Rules › 06 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 096 - DEPARTMENT OF ENVIRONMENTAL PROTECTION - GENERAL › Chapter 850 - IDENTIFICATION OF HAZARDOUS WASTES › Section 096-850-2 - Preamble

Current through 2024-29, July 17, 2024
It is the purpose of the Department of Environmental
				  Protection (Department), consistent with legislative policy, to provide
				  effective controls for the management of hazardous wastes. This Chapter is
				  promulgated to identify hazardous wastes so that effective management measures
				  can be implemented.
Code of Maine Rules › 06 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 096 - DEPARTMENT OF ENVIRONMENTAL PROTECTION - GENERAL › Chapter 850 - IDENTIFICATION OF HAZARDOUS WASTES › Appendix 096-850-I - REPRESENTATIVE SAMPLING METHODS

Current through 2024-29, July 17, 2024
(Appendix I of this Chapter corresponds to Appendix I of 40
				  C.F.R. §261 )
The methods and equipment used for sampling waste materials
				  will vary with the form and consistency of the waste materials to be sampled.
				  Samples collected using the sampling protocols listed below, for sampling waste
				  with properties similar to the indicated materials, will be considered by the
				  Agency [EPA] to be representative of the waste.
Extremely viscous liquid--ASTM Standard D140-70 Crushed or
				  powdered material--ASTM Standard D346-75 Soil or rock-like material--ASTM
				  Standard D420-69 Soil-like material--ASTM Standard D1452-65
Fly Ash-like material--ASTM Standard D2234-76 [ASTM Standards
				  are available from ASTM, 1916 Race St., Philadelphia, PA 19103]
Containerized liquid wastes--"COLIWASA" described in "Test
				  Methods for Evaluating Solid Waste, Physical/Chemical
				  Methods,"1 U.S. Environmental Protection Agency,
				  Office of Land and Emergency Management, Washington, DC 20460, as published on
				  July 1, 2005.]
Liquid waste in pits, ponds, lagoons, and similar
				  reservoirs.--"Pond Sampler" described in "Test Methods for the Evaluation of
				  Solid Waste, Physical/Chemical Methods."1
This manual also contains additional information on
				  application of these protocols.
1 These methods are also described
				  in "Samplers and Sampling Procedures for Hazardous Waste Streams," EPA
				  600/2-80-018, January, 1980.
Code of Maine Rules › 06 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 096 - DEPARTMENT OF ENVIRONMENTAL PROTECTION - GENERAL › Chapter 850 - IDENTIFICATION OF HAZARDOUS WASTES › Appendix 096-850-II - METHOD 1311 TOXICITY CHARACTERISTIC LEACHING PROCEDURE (TCLP)

Current through 2024-29, July 17, 2024
Test methods include those in federal regulations published
				  on July 1, 2005, including 40 C.F.R. §260.11 which is incorporated by
				  reference in Section
				  3(A)(2) of this
				  Chapter. The TCLP is published in EPA Publication SW-846 "Test Methods for
				  Evaluating Solid Waste, Physical/Chemical Methods". Instructions for obtaining
				  SW-846 can be found in Appendix III.
Code of Maine Rules › 06 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 096 - DEPARTMENT OF ENVIRONMENTAL PROTECTION - GENERAL › Chapter 850 - IDENTIFICATION OF HAZARDOUS WASTES › Appendix 096-850-III - CHEMICAL ANALYSIS TEST METHODS

Current through 2024-29, July 17, 2024
(Appendix III of this Chapter corresponds to Appendix III of
				  40 C.F.R. §261. )
Test methods include those in federal regulations published
				  on July 1, 2005, including 40 C.F.R. §260.11 which is incorporated by
				  reference in Section
				  3(A)(2) of this
				  Chapter. EPA Publication SW-846 "Test Methods for Evaluating Solid Waste,
				  Physical/Chemical Methods" as published July 1, 2005, must be used in
				  determining whether a sample contains a given toxic constituent.
Prior to final sampling and analysis method selection, the
				  analyst should consult the specific section or method described in SW-846 for
				  additional guidance on which of the approved methods should be employed for a
				  specific sample analysis situation.
Code of Maine Rules › 06 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 096 - DEPARTMENT OF ENVIRONMENTAL PROTECTION - GENERAL › Chapter 850 - IDENTIFICATION OF HAZARDOUS WASTES › Appendix 096-850-XI - PAINT FILTER TEST

Current through 2024-29, July 17, 2024
"Test Methods for Evaluating Solid Waste, Physical/Chemical
				  Methods," EPA Publication SW-846. See Appendix III for instructions on how to
				  obtain copies of this publication.
Code of Maine Rules › 06 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 096 - DEPARTMENT OF ENVIRONMENTAL PROTECTION - GENERAL › Chapter 851 - STANDARDS FOR GENERATORS OF HAZARDOUS WASTE › Section 096-851-1 - Legal Authority

Current through 2024-29, July 17, 2024
This Chapter is authorized by and adopted under 38 M.R.S.
				  §§1301 through 1319- Y.
Code of Maine Rules › 06 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 096 - DEPARTMENT OF ENVIRONMENTAL PROTECTION - GENERAL › Chapter 851 - STANDARDS FOR GENERATORS OF HAZARDOUS WASTE › Section 096-851-2 - Preamble

Current through 2024-29, July 17, 2024
It is the purpose of the Department of Environmental
				  Protection (Department), consistent with legislative policy, to provide
				  effective controls for the management of hazardous waste. This Chapter provides
				  for one of these controls by establishing certain standards which must be met
				  by generators of hazardous waste.
Portions of this Chapter refer to federal regulations of the
				  United States Environmental Protection Agency (EPA). Unless otherwise
				  specified, the federal regulations referenced are those final regulations as
				  amended up to July 1, 2019, as they appeared in volume 40 of the Code of
				  Federal Regulations (C.F.R.) and are hereby incorporated by reference. Where
				  specifically stated, the terms of a referenced federal regulation are hereby
				  incorporated as terms of this Chapter, except that in regulations incorporated
				  thereby, "EPA" shall mean "the Maine Department of Environmental Protection";
				  "Administrator", "Regional Administrator" and "Director" shall mean "the Maine
				  Board of Environmental Protection, the Commissioner of the Department of
				  Environmental Protection or the Commissioner's designated representative, as
				  applicable", and the references to terms or phrases including "treat", "store",
				  or "dispose" shall mean "handle". In addition, where the terms of federal
				  regulations hereby incorporated by reference differ from or are inconsistent
				  with other terms of this Chapter or Chapters 850 - 860, the more stringent of
				  the requirements shall apply. Other changes to regulations incorporated hereby
				  are as expressly made in this Chapter.
NOTE: Other requirements for generators appear in other rules
				  of the Department dealing with specific aspects of hazardous waste management.
				  See, for example,
Land Disposal Restrictions
,06-096 C.M.R. ch.
				  852;
Standards for Hazardous Waste Facilities
, 06-096 C.M.R.
				  ch. 854;
Licensing of Hazardous Waste Facilities
, 06-096
				  C.M.R. ch. 856; and
Hazardous Waste Manifest Requirements
,
				  06-096 C.M.R. ch. 857.
Code of Maine Rules › 06 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 096 - DEPARTMENT OF ENVIRONMENTAL PROTECTION - GENERAL › Chapter 851 - STANDARDS FOR GENERATORS OF HAZARDOUS WASTE › Section 096-851-3 - Definitions

Current through 2024-29, July 17, 2024
A.
Board.
"Board" means Board of
				Environmental Protection.
B.
Department.
"Department" has the same meaning as in the
Rule Concerning the Processing of Applications and Other Administrative
				Matters,
06-096 C.M.R. ch. 2.
NOTE: As used in this Chapter, "Department" may refer to
				  either the "Board" or the "Commissioner". Under certain circumstances, Maine
				  statutes require that the Board, rather than the Commissioner, perform duties
				  that may be described or referenced in the
Hazardous Waste Management
				  Rules
, 06-096 C.M.R. chs. 850 - 858r (e.g., licensing of commercial
				  hazardous waste facilities pursuant to 38 M.R.S. §1319- R; licensing of
				  projects of "statewide significance" pursuant to 38 M.R.S. §341-
				  D).
C.
Generator.
"Generator" means a person whose act or process
				produces a waste which is or may be hazardous or whose act first causes a
				hazardous waste to become subject to regulation.
(1)
Large Quantity Generator.
"Large Quantity Generator" means a generator that does any one of the
				following:
(a) Generates 100 kilograms
				(approximately 27 gallons) or more of hazardous waste per calendar
				month;
(b) Generates in a calendar
				month acute hazardous wastes in quantities greater than those set forth in
				06-096 C.M.R. ch. 850, §3(A)(5)(c);
(c) Accumulates more than 600 kilograms
				(approximately 165 gallons) of hazardous waste at any one time; or
(d) Accumulates at any one time acute
				hazardous wastes in quantities greater than those set forth in 06-096 C.M.R.
				ch. 850, §3(A)(5)(c).
Code of Maine Rules › 06 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 096 - DEPARTMENT OF ENVIRONMENTAL PROTECTION - GENERAL › Chapter 851 - STANDARDS FOR GENERATORS OF HAZARDOUS WASTE › Section 096-851-4 - Applicability

Current through 2024-29, July 17, 2024
A. A generator who handles hazardous waste on
				the site of its generation also shall comply with applicable standards and
				requirements set forth in 06-096 C.M.R. chs. 850, 852, 854, 855, 856 and 857.
NOTE: Refer to 06-096 C.M.R. ch. 850, §
										3(A)(5)(d) for the
				  standards for a Small Quantity Generator or Small Quantity Generator Plus as
				  defined in this Chapter.
B.
				Any person who imports hazardous waste from a foreign country into the State of
				Maine or exports hazardous waste to a foreign country shall comply with the
				standards and requirements applicable to generators established in this
				Chapter, in 06-096 C.M.R. ch. 857 and in 40 C.F.R. Part 262 Subpart
				H.
C. A farmer who generates waste
				pesticide residues which are hazardous waste as a result of farming activity on
				the farmer's own farm and who complies with all of the requirements of Section
				10 of this Chapter is not required to
				comply with other standards in this Chapter or in 06-096 C.M.R. chs. 852, 854,
				855 and 856 with respect to such pesticide residues.
Code of Maine Rules › 06 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 096 - DEPARTMENT OF ENVIRONMENTAL PROTECTION - GENERAL › Chapter 851 - STANDARDS FOR GENERATORS OF HAZARDOUS WASTE › Section 096-851-5 - Hazardous Waste Determination

Current through 2024-29, July 17, 2024
A person who generates a waste shall determine if that waste
				  is hazardous by using the following method:
A. First determine if the waste is excluded
				from regulation under 06-096 C.M.R. ch. 850 of the Department's
				rules.
B. Then determine if the
				waste is listed as a hazardous waste in 06-096 C.M.R. ch. 850 of the
				Department's rules.
C. If the waste
				is not listed as a hazardous waste in 06-096 C.M.R. ch. 850, the person shall
				determine whether the waste is identified by characteristic as a hazardous
				waste in 06-096 C.M.R. ch. 850 by either:
(1)
				Testing the waste according to the methods set forth in 06-096 C.M.R. ch. 850,
				or according to an equivalent method approved under 06-096 C.M.R. ch. 850; or
(2) Applying knowledge of the
				hazard characteristic of the waste in light of the materials or the processes
				used.
Code of Maine Rules › 06 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 096 - DEPARTMENT OF ENVIRONMENTAL PROTECTION - GENERAL › Chapter 851 - STANDARDS FOR GENERATORS OF HAZARDOUS WASTE › Section 096-851-6 - Identification Numbers

Current through 2024-29, July 17, 2024
A. No person shall
				generate hazardous waste without first having obtained a generator
				identification number specific for the site of waste generation except as
				provided for a small quantity generator below.
(1) The identification number is comprised of
				the identification number assigned to the generator by the United States
				Environmental Protection Agency or the Department, including any state-specific
				identifying number or letter as may be assigned by the Department.
NOTE: A generator may obtain an EPA identification number by
				  applying to the Department of Environmental Protection, Bureau of Remediation
				  and Waste Management, State House Station #17, Augusta, Maine 04333-0017 using
				  EPA form 8700-12 "Notification of RCRA Subtitle C Activities".
(2) A small quantity generator as
				defined in Section
				3(C)(2) of this
				Chapter does not require an EPA identification number but is assigned the state
				identification number MEX020000000.
Code of Maine Rules › 06 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 096 - DEPARTMENT OF ENVIRONMENTAL PROTECTION - GENERAL › Chapter 851 - STANDARDS FOR GENERATORS OF HAZARDOUS WASTE › Section 096-851-7 - Transportation Requirements

Current through 2024-29, July 17, 2024
A. A generator shall
				not offer hazardous waste in any quantity to a transporter who is not licensed
				by the State of Maine to transport hazardous waste nor shall the generator
				transport the waste without a transporter license.
NOTE: Licensing requirements for transporters are set out in
				  06-096 C.M.R. ch. 853, Licensing of Transporters of Hazardous Waste.
B. A generator shall transport, or
				offer for transport, hazardous waste only to a waste facility for hazardous
				waste which is authorized to handle the waste under a State program, and if
				applicable, under the Federal hazardous waste regulatory program. A generator
				who sends a shipment of hazardous waste to a designated facility and later
				receives that shipment back as a rejected load or residue in accordance with
				the provisions of 06-096 C.M.R. ch. 857, §7(B) shall accumulate the
				returned waste on-site in accordance with the applicable requirements of this
				Chapter as if the generator had generated the waste on the date of its
				return.
Code of Maine Rules › 06 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 096 - DEPARTMENT OF ENVIRONMENTAL PROTECTION - GENERAL › Chapter 851 - STANDARDS FOR GENERATORS OF HAZARDOUS WASTE › Section 096-851-9 - Record keeping and Reporting

Current through 2024-29, July 17, 2024
A. A generator
				shall keep a copy of all test results, waste analyses and other determinations
				made in accordance with Section
				5 of this Chapter for a period of time
				not less than ten (10) years from the date that the waste was last sent to
				on-site or off-site handling.
B. A
				generator shall retain copies of all reports filed with the Department or the
				United States Environmental Protection Agency for a period of time not less
				than ten (10) years from the due date of the report.
C. A generator shall retain the log books
				required under Section
				13(D) of this
				Chapter for a minimum of one (1) year.
D. The periods of retention referred to in
				the Sections 9(A) through (C) of this Chapter are extended automatically during
				the course of any unresolved enforcement action regarding regulated activity or
				as requested by the Commissioner, Department of Environmental Protection or by
				the Regional Administrator or Administrator of the United States Environmental
				Protection Agency.
E. A generator
				who removes or allows the removal of hazardous waste from the site of its
				generation shall submit an Annual Report:
(1)
				On forms specified by the Department and containing information required by the
				Department as specified on those forms.
NOTE: Required information must include that information
				  required by EPA Form 8700-13A and 40 C.F.R. §§262.41 as a minimum.
(2) To the
				Department;
(3) No later than March
				1st for the preceding calendar year.
Code of Maine Rules › 06 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 096 - DEPARTMENT OF ENVIRONMENTAL PROTECTION - GENERAL › Chapter 851 - STANDARDS FOR GENERATORS OF HAZARDOUS WASTE › Section 096-851-10 - Farmers

Current through 2024-29, July 17, 2024
A farmer, disposing of waste pesticide residues which are
				  hazardous wastes generated from farming activity on the farmer's own farm, is
				  not required to comply with the standards in this Chapter or other standards in
				  06-096 C.M.R. chs. 852, 854, 855 or 856 for those waste residues provided the
				  farmer collects wash and rinse water from the cleaning of spray equipment and
				  triple rinses each emptied pesticide container in accordance with 06-096 C.M.R.
				  ch. 850, section
				  3(C)(4)(c) of the
				  Department's rules and disposes of the pesticide residues on the farmer's own
				  farm in a manner consistent with the use or disposal instructions on the
				  pesticide label. The containers must then be disposed of in accordance with
				  rules administered by the Pesticide Control Board, Maine Department of
				  Agriculture, Conservation and Forestry.
NOTE: The Pesticide Control Board phone number is (207)
				  287-2731.
Code of Maine Rules › 06 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 096 - DEPARTMENT OF ENVIRONMENTAL PROTECTION - GENERAL › Chapter 851 - STANDARDS FOR GENERATORS OF HAZARDOUS WASTE › Section 096-851-11 - Closure

Current through 2024-29, July 17, 2024
A. A generator, who no longer generates waste
				at a site, shall remove all hazardous waste and hazardous waste residues to a
				facility licensed to handle the waste. Remaining containers, tanks, liners,
				bases, materials, equipment, structures and soil containing or contaminated
				with hazardous waste or hazardous waste residues must be decontaminated or
				disposed of at a facility licensed to handle the waste, except as provided in
				Section
				13(B) of this
				Chapter. A generator shall provide 45 days written notice to the Department
				prior to closure and shall submit to the Department, within 10 days of
				completion of closure, certification that closure was completed in accordance
				with the provisions of this Chapter. The certification must be made by the
				generator and by an independent State of Maine licensed professional engineer
				and must be submitted within ninety (90) days from the date when wastes were no
				longer generated at the site.
B. If
				a generator conducting closure of a tank system demonstrates that all
				contaminated soil cannot be practicably removed or decontaminated as required
				by Section 11(A) of this Chapter, then the generator shall close the tank
				system and perform post-closure care in accordance with the closure and
				post-closure requirements that apply to landfills under 06-096 C.M.R. ch. 855,
				§
									9(H). In addition,
				for the purposes of closure, post-closure, and financial responsibility, such a
				tank system is then considered to be a landfill, and the generator shall meet
				all the requirements for landfills in 06-096 C.M.R. ch. 855, §§
									9(A)(15) and
				(9)(A)(16).
C. As part of the written notice prior to
				closure in Section
				13(A) of this
				Chapter, the generator shall provide the Department with a detailed summary of
				all past or present releases of hazardous waste or constituents from tanks or
				containers used to accumulate hazardous waste under this Chapter. Based upon
				this summary, the frequency and nature of releases, whether the releases were
				addressed under a Department authorized remediation plan, and other available
				information, the Department may require the generator to prepare a closure plan
				for Department review and approval prior to the initiation of closure
				operations. The Department will notify the generator within 30 days of a
				properly filed closure notice if a closure plan will be required to be filed
				with the Department.
D. Change of
				site or installation ownership, or the vacating of the site by the generator
				shall constitute cessation of generation and shall initiate closure of all the
				units which will not continue to be used.
NOTE: Partial closures are required for those units that will
				  not be used by a new owner or tenant.
Code of Maine Rules › 06 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 096 - DEPARTMENT OF ENVIRONMENTAL PROTECTION - GENERAL › Chapter 851 - STANDARDS FOR GENERATORS OF HAZARDOUS WASTE › Section 096-851-12 - Prohibitions

Current through 2024-29, July 17, 2024
A. No generator may treat or dispose of
				hazardous waste on-site unless licensed to do so pursuant to 06-096 C.M.R. ch.
				856 of the Department's rules, except as provided in 06-096 C.M.R. ch. 856,
				§
									6(E).
B. The storage of hazardous waste in an
				underground or in-ground tank is prohibited after December 31, 1987, except:
A hazardous waste which is hazardous because of its
				  ignitability may be accumulated and stored in underground or in-ground tanks if
				  such storage is in double walled tanks meeting the requirements of 40 C.F.R.
				  §265.193(e)(3).
NOTE: Tanks which have previously held hazardous wastes are
				  required to be closed under the provisions of this Chapter.
C. Generators that store hazardous wastes in
				excess of 5,000 gallons at any one time shall not store hazardous waste as
				follows, unless licensed under 06-096 C.M.R. ch. 856 of the Department's rules:
(1) On land defined as a wetland under
				statutes or regulations administered by the Department, Department of
				Agriculture, Conservation and Forestry, Department of Inland Fisheries and
				Wildlife, or the Department of Marine Resources; or
(2) On land that overlies any portion of a
				surface or subsurface sand and gravel aquifer or a high yield aquifer, unless
				the storage area is underlain by a synthetic liner which meets the design
				requirements of 06-096 C.M.R. ch. 854, §
										8(B)(4).
Code of Maine Rules › 06 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 096 - DEPARTMENT OF ENVIRONMENTAL PROTECTION - GENERAL › Chapter 851 - STANDARDS FOR GENERATORS OF HAZARDOUS WASTE › Section 096-851-13 - Management Standards

Current through 2024-29, July 17, 2024
A.
Performance
				Standards.
Generators shall manage their waste to prevent or minimize
				risk to the environment.
B.
Design Standards
(1) A generator
				shall accumulate and store its containerized hazardous waste upon a base which
				is a firm working surface, such as asphalt or concrete, which is impervious and
				which must be kept entire and which is constructed of a minimum thickness of
				four (4) inches and must be constructed to prevent spillage from leaving the
				area.
NOTE: Examples of such a structure are a base constructed
				  with a raised berm of at least six (6) inches around the entire facility or a
				  location that is enclosed with a roof and walls.
(2) Each building or separate container
				storage area must have a containment and collection system the capacity of
				which must exceed 20% of the total capacity of all containers and tanks used to
				store wastes or 110% of the capacity of the largest container or tank,
				whichever is greater. This system must also provide for sufficient freeboard to
				allow for containment and collection of precipitation resulting from a 24 hour,
				25 year storm, unless the storage facility is enclosed.
(3) A tank must be designed and installed so
				that it can be fully inspected for structural integrity, deterioration, and
				leaks, except that a tank whose base cannot be fully inspected must be designed
				and installed to meet the requirements of 40 C.F.R. §265.193(e)(3) for
				double walled tanks.
(4) Uncovered
				tanks must be designed to assure at least 2 feet of freeboard at all
				times.
(5) Overtopping of tanks
				during continuous feed must be prevented by a system of automatic shutoff or by
				automatic diversion of the waste feed into a tank having at least 30 percent of
				the volume of the primary tank.
Code of Maine Rules › 06 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 096 - DEPARTMENT OF ENVIRONMENTAL PROTECTION - GENERAL › Chapter 852 - LAND DISPOSAL RESTRICTIONS › Section 096-852-1 - Legal Authority

Current through 2024-29, July 17, 2024
This Chapter is authorized and adopted under 38 M.R.S.
				  section 1319-O and section 1319- R(1), and is intended to be consistent with
				  applicable requirements of the Resource Conservation and Recovery Act of 1976
				  (RCRA), as amended,
				  42 U.S.C.
				  6901, et seq. and regulations promulgated by
				  the United States Environmental Protection Agency (EPA)
				  thereunder.
Code of Maine Rules › 06 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 096 - DEPARTMENT OF ENVIRONMENTAL PROTECTION - GENERAL › Chapter 852 - LAND DISPOSAL RESTRICTIONS › Section 096-852-2 - Preamble

Current through 2024-29, July 17, 2024
Federal and state policy establish a hierarchy of preferred
				  waste management practices favoring waste reduction, recycling and treatment
				  over land disposal. This Chapter is intended to encourage waste management
				  practices consistent with such a policy, by restricting the land disposal of
				  hazardous waste without prior treatment to reduce the toxicity and/or mobility
				  of hazardous constituents in the waste.
Code of Maine Rules › 06 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 096 - DEPARTMENT OF ENVIRONMENTAL PROTECTION - GENERAL › Chapter 852 - LAND DISPOSAL RESTRICTIONS › Section 096-852-4 - References to Federal Regulations

Current through 2024-29, July 17, 2024
Portions of this Chapter refer to federal regulations of the
				  United States Environmental Protection Agency (EPA). Unless otherwise
				  specified, the federal regulations referenced are those final regulations as
				  amended up to July 1, 2019, as they appear in the volume 40 of the Code of
				  Federal Regulations (C.F.R.) and are hereby incorporated by reference. Where
				  specifically stated, the terms of a referenced federal regulation are hereby
				  incorporated as terms of this Chapter, except that in regulations incorporated
				  thereby, "EPA", "Administrator", "Regional Administrator" and "Director" shall
				  mean the Maine Board of Environmental Protection, the Maine Department of
				  Environmental Protection, the Commissioner of the Department of Environmental
				  Protection or the Commissioner's designated representative, as applicable; and
				  the references to the terms or phrases including "treat", "store", or "dispose"
				  shall mean "handle". In addition, where the terms of federal regulations hereby
				  incorporated by reference differ from or are inconsistent with other terms of
				  this Chapter or 06-096 C.M.R. chs. 850 - 860, the more stringent of the
				  requirements shall apply. Other changes to regulations incorporated hereby are
				  as expressly made in this Chapter.
Code of Maine Rules › 06 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 096 - DEPARTMENT OF ENVIRONMENTAL PROTECTION - GENERAL › Chapter 852 - LAND DISPOSAL RESTRICTIONS › Section 096-852-5 - Applicability

Current through 2024-29, July 17, 2024
A. This Chapter identifies hazardous wastes
				that are restricted from land disposal and defines those limited circumstances
				under which an otherwise prohibited waste may continue to be land
				disposed.
B. Except as specifically
				provided in this Chapter, 06-096 C.M.R. ch. 850, or 06-096 C.M.R. ch. 851, the
				requirements of this Chapter apply to persons who generate or transport
				hazardous waste, and to owners and operators of hazardous waste treatment,
				storage, and disposal facilities.
C. The requirements of this Chapter do not
				affect the availability of a waiver under section 121(d)(4) of the
Comprehensive Environmental Response, Compensation, and Liability Act
				of 1980
(CERCLA).
D. This
				Chapter does not apply to de minimis losses of characteristic wastes to
				wastewaters as provided in 40 C.F.R. §268.1(e)(4).
Note: Farmers complying with 06-096 C.M.R. ch. 851, §
										10, and small quantity generators
				  meeting the exclusion limits and complying with the remaining requirements of
				  06-096 C.M.R. ch. 851, §
										3(A)(5), are not
				  subject to the requirements of this Chapter.
E. Universal waste as defined in 06-096
				C.M.R. ch. 858 is not subject to the provisions of 40 C.F.R. §268.7
				concerning hazardous waste testing, tracking, and recordkeeping requirements
				for generators, treaters, and disposal facilities; and is not subject to the
				storage prohibitions of 40 C.F.R. §268.50.
Code of Maine Rules › 06 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 096 - DEPARTMENT OF ENVIRONMENTAL PROTECTION - GENERAL › Chapter 852 - LAND DISPOSAL RESTRICTIONS › Section 096-852-6 - Dilution Prohibition

Current through 2024-29, July 17, 2024
A. No generator,
				transporter, handler, or owner or operator of a treatment, storage, or disposal
				facility shall in any way dilute a restricted waste or the residual from
				treatment of a restricted waste as a substitute for adequate treatment to
				achieve compliance with the treatment standards of this Chapter, to circumvent
				the effective date of a prohibition of this Chapter, to otherwise avoid a
				prohibition of this Chapter or 06-096 C.M.R. ch. 854, §§
									5(C),
				5(D)
				 and
				5(E), or to
				circumvent a land disposal prohibition imposed by Section 3004 of RCRA,
				42
				U.S.C. 6924.
B. Iron filings or other metallic forms of
				iron may not be added to lead-containing wastes in order to achieve any land
				disposal restriction treatment standard for lead. Lead-containing wastes
				include D008 wastes (wastes exhibiting a characteristic due to the presence of
				lead), all characteristic wastes containing lead as an underlying hazardous
				constituent, listed wastes containing lead as a regulated constituent, and
				hazardous media containing any of the aforementioned lead-containing
				wastes.
C. Combustion of the
				hazardous waste codes listed in Appendix XI of 40 C.F.R. Part 268 is prohibited
				unless in accordance with 40 C.F.R. §268.3(c).
Code of Maine Rules › 06 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 096 - DEPARTMENT OF ENVIRONMENTAL PROTECTION - GENERAL › Chapter 852 - LAND DISPOSAL RESTRICTIONS › Section 096-852-8 - Procedures for Case-by-Case Extensions of the Effective Date

Current through 2024-29, July 17, 2024
A. In accordance with 40 C.F.R. §268.5,
				any person who generates, treats, stores, or disposes of a hazardous waste may
				submit an application to the EPA Administrator for an extension of the
				effective date of any applicable restriction established in this
				Chapter.
B. Whenever the EPA
				Administrator establishes an extension to an effective date under this Chapter,
				during the period for which such an extension is in effect:
(1) The storage restrictions of Section
				12 of this Chapter do not
				apply:
(2) Such hazardous waste may
				be disposed in a landfill or surface impoundment only if such unit is in
				compliance with the technical requirements of the following provisions
				regardless of whether such unit is new, existing, or a replacement or lateral
				expansion:
(a) The landfill is in compliance
				with 06-096 C.M.R. ch. 854, §8(B), the ground water monitoring
				requirements of 06-096 C.M.R. ch. 854 or 855 (whichever is applicable), and if
				disposing of containerized liquid hazardous wastes containing PCBs at
				concentrations greater than or equal to 50 ppm but less than 500 ppm, is also
				in compliance with the requirements of
				40 C.F.R.
				761.75 and 06-096 C.M.R. ch. 854 or 855
				(whichever is applicable);
(b) The
				surface impoundment is in compliance with 06-096 C.M.R. ch. 854, §
											9(B) or 06-096 C.M.R.
				ch. 855, §
											9(E)(5), whichever is
				applicable, and the ground water monitoring requirements of 06-096 C.M.R. ch.
				854 or 855, whichever is applicable, except as provided in Section
				7(B) of this
				Chapter.
Code of Maine Rules › 06 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 096 - DEPARTMENT OF ENVIRONMENTAL PROTECTION - GENERAL › Chapter 852 - LAND DISPOSAL RESTRICTIONS › Section 096-852-9 - No Migration Petitions

Current through 2024-29, July 17, 2024
A. Any person
				seeking an exemption from a prohibition under this Chapter for the disposal of
				a restricted hazardous waste in a particular unit or units shall submit a
				petition to the EPA Administrator and the Department demonstrating, to a
				reasonable degree of certainty, that there will be no migration of hazardous
				constituents from the disposal unit for as long as the wastes remain hazardous.
				Such petition must be submitted in accordance with 40 C.F.R. §268.6.
B. After a petition has been
				approved by the EPA Administrator, and subsequently by the Department
				(utilizing rulemaking procedures), the owner or operator shall comply with 40
				C.F.R. §268.6(e) and (f), provided however, that the references to 40
				C.F.R. Part 264 or Part 265 shall mean 06-096 C.M.R. ch. 854 or 855. Prior to
				such approvals, the applicant is required to comply with all restrictions on
				land disposal under this Chapter once the effective date for the waste has been
				reached. The approval of a petition does not relieve the petitioner from
				complying with other applicable requirements of 06-096 C.M.R. ch. 850 - 860 of
				the Department's rules.
C. The term
				of a petition must be no longer than the term of a license if the disposal unit
				is licensed under 06-096 C.M.R. ch. 856, or up to 5 years from the date of
				approval by the Department if the unit is operating under interim status. In
				either case, the term of the granted petition must expire upon the termination
				or denial of a license under 06-096 C.M.R. ch. 856, or upon the termination of
				interim status or when the volume limit of waste to be land disposed during the
				term of the petition is reached.
D.
				Liquid hazardous wastes containing PCBs at concentrations greater than or equal
				to 500 ppm are not eligible for an exemption under this section.
Code of Maine Rules › 06 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 096 - DEPARTMENT OF ENVIRONMENTAL PROTECTION - GENERAL › Chapter 852 - LAND DISPOSAL RESTRICTIONS › Section 096-852-10 - Waste Analysis, Notification, Certification and Record Keeping

Current through 2024-29, July 17, 2024
Generators, owners or operators of treatment facilities, and
				  owners or operators of land disposal facilities shall comply with the
				  requirements of 40 C.F.R. section 268.7, provided however, that references
				  to:
- "this part", or subparts or sections thereof shall mean
				  this Chapter,
- 40 C.F.R. §264.13 shall mean 06-096 C.M.R. ch. 854,
				  §
									6(C)(3),
- 40 C.F.R. §265.13 shall mean 06-096 C.M.R. ch. 855,
				  §
									9(A)(3),
- 40 C.F.R. Part 262 shall mean 06-096 C.M.R. ch. 851 and any
				  applicable requirements under 06-096 C.M.R. chs. 854 - 857,
- 40 C.F.R. Part 261 shall mean 06-096 C.M.R. ch. 850, and
				  the notification required by 40 C.F.R. §268.7(d) must be sent to the
				  receiving facility and the Department, 40 C.F.R. §268.7(a)(7) applies only
				  to the exclusions authorized under this Chapter and 06-096 C.M.R. ch. 850, and
				  40 C.F.R. §§268.7(a)(10) and
				  7(b)(6) are deleted.
				  All records must be maintained for at least three years. The retention period
				  is extended automatically during the course of any unresolved enforcement
				  action or as otherwise required by the Department.
Code of Maine Rules › 06 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 096 - DEPARTMENT OF ENVIRONMENTAL PROTECTION - GENERAL › Chapter 852 - LAND DISPOSAL RESTRICTIONS › Section 096-852-11 - Special Rules Regarding Wastes that Exhibit a Characteristic

Current through 2024-29, July 17, 2024
Generators, owners or operators of treatment facilities, and
				  owners or operators of land disposal facilities shall comply with the
				  requirements of 40 C.F.R. §268.9, provided that references to 40 C.F.R.
				  Part 268 or sections thereof shall mean this Chapter, references to subpart C
				  of 40 C.F.R. Part 261 shall mean 06-096 C.M.R. ch. 850, § (3)(B), and
				  references to subpart D of 40 C.F.R. Part 261 shall mean 06-096 C.M.R. ch. 850,
				  § (3)(C).
Code of Maine Rules › 06 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 096 - DEPARTMENT OF ENVIRONMENTAL PROTECTION - GENERAL › Chapter 852 - LAND DISPOSAL RESTRICTIONS › Section 096-852-12 - Storage of Restricted Wastes

Current through 2024-29, July 17, 2024
A. Except as
				provided in this section, the storage of hazardous wastes restricted from land
				disposal under this Chapter or Section 3004(d) of RCRA, 42 U.S.C. §6924 is
				prohibited, unless the following conditions are met:
(1) A generator stores such wastes in tanks
				or containers on-site solely for the purpose of the accumulation of such
				quantities of hazardous waste as necessary to facilitate proper recovery,
				treatment, or disposal and,
(a) the generator
				complies with the requirements of 06-096 C.M.R. ch. 851 including the 90 day
				accumulation time, or
(b) if the
				waste contains PCBs at concentrations greater than or equal to 50 ppm, the
				generator complies with the requirements of 06-096 C.M.R. ch. 851 and 40 C.F.R.
				§761.65(b).
Code of Maine Rules › 06 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 096 - DEPARTMENT OF ENVIRONMENTAL PROTECTION - GENERAL › Chapter 852 - LAND DISPOSAL RESTRICTIONS › Section 096-852-13 - Prohibitions on Land Disposal

Current through 2024-29, July 17, 2024
Generators, owners or operators of treatment facilities, and
				  owners or operators of land disposal facilities shall comply with the
				  prohibitions and effective dates of 40 C.F.R.§§268.20 and 268.30
				  through 268.39, provided however, that references to:
- 40 C.F.R. §261.31 shall mean 06-096 C.M.R. ch. 850,
				  §
									3(C)(2),
- 40 C.F.R. §261.32 shall mean 06-096 C.M.R. ch. 850,
				  §
									3(C)(3),
- 40 C.F.R. §261.33 shall mean 06-096 C.M.R. ch. 850,
				  §
									3(C)(4),
- 40 C.F.R. Part 268 or sections thereof shall mean this
				  Chapter,
- sections or subparts of 40 C.F.R. Part 264 shall mean
				  applicable provisions of Chapter 854,
- sections or subparts of 40 C.F.R. Part 265 shall mean
				  applicable provisions of Chapter 855,
- 40 C.F.R. §268.5(h)(2) shall mean Section
				  8(B)(2) of this
				  Chapter,
and the prohibitions in 06-096 C.M.R. ch. 854, §
									5(E)
				   and 06-096 C.M.R. ch. 855, §
									5(B)(7) continue to
				  apply. Refer to 40 C.F.R. Part 268 Appendix VII for tables of effective dates
				  organized by waste code.
Code of Maine Rules › 06 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 096 - DEPARTMENT OF ENVIRONMENTAL PROTECTION - GENERAL › Chapter 852 - LAND DISPOSAL RESTRICTIONS › Section 096-852-14 - Treatment Standards

Current through 2024-29, July 17, 2024
A.
General.
Generators, owners or operators of treatment facilities,
				and owners or operators of land disposal facilities shall comply with the
				treatment standards of 40 C.F.R. §§268.40 - 268.43 and 40 C.F.R.
				§268.48, provided however, that references to:
- "this part" or subparts thereof shall mean this Chapter,
- 40 C.F.R. Part 264 or subparts thereof shall mean 06-096
				  C.M.R. ch. 854,
- 40 C.F.R. Part 265 or subparts thereof shall mean 06-096
				  C.M.R. ch. 855,
- 40 C.F.R. Part 266 shall mean 06-096 C.M.R. ch. 856,
and petitions for variances from treatment standards
				  expressed as specified technologies in accordance with 40 C.F.R.
				  §268.42(b) must be submitted to the EPA Administrator and subsequently to
				  the Department for review (utilizing rulemaking procedures) and approval.
				  Underground injection is prohibited pursuant to 06-096 C.M.R. ch. 854, §
										5(E) and 06-096
				  C.M.R. ch. 855, §
										5(B)(7), and the
				  dilution prohibition of Section
				  6 of this Chapter applies.
B.
Variance
(1) The generator or treatment facility owner
				or operator may petition EPA and the Department for a variance from the
				treatment standard in accordance with 40 C.F.R. §268.44. The Department
				will utilize rulemaking procedures in reviewing such a petition, and pending
				approval of the petition by EPA and subsequently by the Department, the
				applicant is required to comply with all restrictions on land disposal under
				this Chapter once the effective date for the waste has been reached.
(2) A generator, treatment facility owner or
				operator, or disposal facility owner or operator that is managing a waste
				covered by a variance from the treatment standards shall comply with Section
				10 of this Chapter.
Code of Maine Rules › 06 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 096 - DEPARTMENT OF ENVIRONMENTAL PROTECTION - GENERAL › Chapter 852 - LAND DISPOSAL RESTRICTIONS › Appendix 096-852-I - Toxicity Characteristic Leaching Procedure (TCLP)

Current through 2024-29, July 17, 2024
The TCLP is included in SW-846 as Method 1311, as published
				  on July 1, 2005. See Appendix II of Chapter 850.