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

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.