Current through 2024-38, September 18, 2024
A. The owner or operator of a hazardous waste
facility which was in existence on April l, 1980 or is in existence on the
effective date of statutory or regulatory changes that first render the
facility subject to the requirement to have a license under 06-096 C.M.R. ch.
856, who intends to continue the operation of such facility, or the owner or
operator of an interimly licensed facility that handles a newly listed
hazardous waste, shall, using the form provided by the Department:
NOTE: Any owner or operator that does not intend to continue
the operation of such facility is still responsible for all closure and post
closure requirements, as well as any generator standards.
(1) Notify the Department of Environmental
Protection of its location; and
(2)
Provide the Department of Environmental Protection with a detailed description
of the operation of the facility; and
(3) Identify the hazardous waste(s) that the
facility handles; and
(4) Indicate
an intent to file an application for a license (non-interim) for the facility
for hazardous waste when rules and procedures related to such licenses are
promulgated by the Board of Environmental Protection.
B. The Board of Environmental Protection will
issue an interim license for a waste facility for hazardous waste when it finds
that:
(1) The hazardous waste facility was in
existence on April 1, 1980 or the waste facility is in existence on the
effective date of statutory or regulatory changes that first render the
facility subject to the requirement to have a license under 06-096 C.M.R. ch.
856;
(2) The information required
by Section 5(A) of this Chapter has been provided in full by the owner or
operator of the waste facility for hazardous waste within 60 days of first
becoming subject to the license requirements of 06-096 C.M.R. ch.
856;
(3) The waste facility for
hazardous waste is being operated and will be altered or operated only in
accordance with rules adopted by the Board, including, where applicable, but
not limited to the Solid Waste Management Rules, 06-096 C.M.R.
ch. 400 and the Site Location of Development Law Rules, 06-096
C.M.R. chs. 371 through 376;
(4) If
the waste facility for hazardous wastes has a discharge or emission license
under 38 M.R.S. §§413 or 590, the facility is operated in accordance
with that license;
(5) The facility
is not located in areas prohibited under 06-096 C.M.R. ch. 854, §
7;
(6) The facility will not manage F020-F023,
F026, or F027 wastes except under the conditions specified in 40 C.F.R.
§265.1(d)(1)(i) -(v), provided, however, that references to other sections
or subparts of 40 C.F.R. Part 265 shall mean this Chapter;
(7) The waste management activity is not
prohibited under 06-096 C.M.R. ch. 854, §§5(B) -5(E); and
(8) The facility was not previously denied a
noninterim hazardous waste license, or an interim license which was issued to
the facility has not expired pursuant to Section
7 of this Chapter.
C. If an owner or operator of a
hazardous waste management facility has filed an interim application with the
Department pursuant to Section 5(A) of this Chapter but has not yet filed a
final application pursuant to 06-096 C.M.R. ch. 856, the owner or
operator shall file an amended interim application:
(1) No later than the effective date of
regulatory provisions listing or designating wastes as hazardous in Maine in
addition to those already listed or designated, if the facility is treating,
storing, or disposing of any of those newly listed or designated wastes;
or
(2) As necessary to comply with
the provisions of Section 6 of this Chapter.
D. An interim license may be issued under
such terms and conditions as the Board may prescribe and is valid only so long
as the waste facility for hazardous waste is in compliance with such license
and with the requirements of this Chapter.
