Code of Maine Rules
06 - DEPARTMENT OF ENVIRONMENTAL PROTECTION
096 - DEPARTMENT OF ENVIRONMENTAL PROTECTION - GENERAL
Chapter 411 - NON-HAZARDOUS WASTE TRANSPORTER LICENSES
Section 096-411-1 - Definitions
Current through 2024-13, March 27, 2024
The terms used in this Chapter shall have the same meanings as those described in 38 M.R.S.A. Section1303-C et seq. and Chapter 400, Section 1 of these rules unless the context indicates otherwise. In addition, the following terms, as used in this Chapter, shall have the following meanings, unless the context indicates otherwise.
A. Containerized. "Containerized" is defined as placing waste in a U.S. Department of Transportation approved 55-gallon drum with an attachable cover. The drum should contain at least a six-inch layer of an approvedabsorbant material at the bottom. Other measures necessary to prevent the generation of free liquids could be used upon Department approval. The attachable drum cover shall be secured prior to and during transport or storage.
B. Conveyance. "Conveyance" as that term is defined in 38 M.R.S.A. Section1303-C(10) means any aircraft, watercraft, vehicle or other machine used for transportation on land, water or in the air. For the purposes of this rule, either the power unit, trailer, semi-trailer, or the container being transported shall be licensed.
C. Non-hazardous Waste. "Non-hazardous Waste" means any solid waste, special waste orseptage that is not a hazardous waste, biomedical waste, or low-level radioactive waste.
D. Septage. "Septage" as that term is defined in 38 M.R.S.A. Section1303-C(27) means waste, refuse, effluent, sludge and any other materials from septic tanks, cesspools or any other similar facilities. For the purposes of this rule this shall include non-industrial holding tank waste.
E. Site. "Site" as that term is defined in 38 M.R.S.A. Section1303-C(28) means the same or geographically contiguous property which may be divided by a public or private right-of-way, provided that the entrance and exit between the properties is at a crossroads intersection and access is by crossing, as opposed to going along, the right of way. Noncontiguous properties owned by the same person but connected by a right of way which he controls and to which the public does not have access is also considered site property.
F. Transport. "Transport" means the movement of non-hazardous waste from the point of generation to any intermediate points and finally to the point of ultimate disposition. Movement of non-hazardous waste on the site where it is generated or on the site of a licensed (or exempted) non-hazardous waste facility is not transport.
G. Transporter. "Transporter" means any person who transports non-hazardous waste in this state other than anyone who transports municipal solid waste on behalf of five or fewer households or any commercial establishment which transports only its own municipal solid waste to a licensed waste disposal facility using three or fewer trips with one conveyance per week. The term includes, without limitation, individuals who own, lease or otherwise control conveyances in which non-hazardous waste is transported, operators of such conveyances, and businesses, regardless of size and form of business organization, which engage in transportation of non-hazardous waste.
