Code of Maine Rules
06 - DEPARTMENT OF ENVIRONMENTAL PROTECTION
096 - DEPARTMENT OF ENVIRONMENTAL PROTECTION - GENERAL
Chapter 856 - LICENSING OF HAZARDOUS WASTE FACILITIES
Section 096-856-11 - Requirements for Facilities Licensed Under the Abbreviated License Process

Universal Citation: 06 ME Code Rules ยง 096-856-11

Current through 2024-38, September 18, 2024

NOTE: The Abbreviated License Process is a license by rule provision or shortened licensing process in which the license is approved by the Department (i.e., Commissioner or Commissioner's designee) instead of approved by the Board, is not subject to the full application requirements pursuant to Sections 10(A)(1) and 10(B) of this Chapter, and is not subject to the full hazardous waste facility requirements pursuant to 06-096 C.M.R. ch. 854, § 6(A). The Department has developed abbreviated activity-specific applications for the Abbreviated Licenses in lieu of the full application requirements of Section 10 of this Chapter.

A. The Department may grant a license under the abbreviated license process to the following facilities for the specified activity if the owner or operator submits an application and meets the requirements of Section 11(C) of this Chapter and, for the specified type of facility in this Section below, if all the conditions listed are met:

(1) Elementary neutralization unit. The owner or operator of such a unit:
(a) Complies with 06-096 C.M.R. ch. 854, § 6(D);

(b) Prevents the unknowing entry, and minimizes the possibility for the unauthorized entry, of persons or livestock into or onto the elementary neutralization until, unless:
(1) Physical contact with the waste contained in the unit will not injure unknowing or unauthorized persons or livestock which may enter the unit, and

(2) Disturbance of the waste or equipment by the unknowing or unauthorized entry of persons or livestock into or onto the unit will not cause a violation of the requirement of this section;

(c) Inspects the elementary neutralization unit for malfunctions and deterioration, operator errors, and discharges which may be causing -- or may lead to -- (1) unauthorized release of hazardous waste to the environment, or (2) a threat to human health. The owner or operator shall conduct these inspections often enough to identify problems in time to correct them before they harm human health or the environment;

(d)
(1) Develops and follows a written schedule for inspecting all monitoring equipment, safety and emergency equipment, security devices, and operating and structural equipment (such as tank walls and pumps) that are important to preventing environmental or human health hazards;

(2) The owner/operator shall keep this schedule at the facility;

(3) The schedule must identify the types of problems (e.g., malfunctions or deterioration) which are to be looked for during the inspection (e.g., inoperative pump, leaking fitting, heavy corrosion);

(4) The frequency of inspection may vary for the items on the schedule. It should be based on the rate of possible deterioration of equipment and the probability of an environmental or human health incident if any deterioration or malfunction or operator error goes undetected between inspections;

(5) The owner or operator shall remedy any deterioration or malfunction of equipment or structures detected in an inspection. This must be done on a schedule which ensures that the problem does not lead to an environmental or human health hazard. Where a hazard is imminent or has already occurred, remedial action must be taken immediately; and

(6) The owner or operator shall record inspections in an inspection log. The owner or operator shall keep these records for at least three years from the date of inspection. At the minimum, these records must include the date and time of each inspection, the name of the inspector, a recording of the observations made, and the date and nature of any repairs or other remedial actions taken as a result of inspection observations;

(e) Ensures that the treatment process conducted in the unit does not:
(1) Generate extreme heat or pressure, fire or explosion, or violent reaction;

(2) Produce uncontrolled toxic mists, fumes, or gases in sufficient quantities to threaten human health;

(3) Produce uncontrolled flammable fumes or gases in sufficient quantities to threaten human health;

(4) Damage the structural integrity of the tank or equipment containing the waste; or

(5) Through like means threaten human health or the environment;

(f) Shall not place treatment reagents in an elementary neutralization unit if they could cause the unit or any of its equipment to rupture, leak, abnormally corrode, or otherwise fail before the end of its intended life;

(g) Shall ensure the unit is constructed of sturdy, leakproof material and designed, constructed and operated so as to prevent hazardous wastes from being spilled or leaked into or on any land or water during the operating life of the unit;

(h) Complies with the requirements of 06-09 6 C.M.R. ch. 857, § 9, and 06-096 C.M.R. ch. 854, §§ 6(C)(10)(a), 6(C)(12) and 6(C)(13);

(i) Removes all hazardous waste and hazardous waste residues from the unit at closure;

(j) Submits within 14 days after any spill or leakage of hazardous waste from an elementary neutralization unit, a written report to the Department which contains the following information:
(1) Name, address, and telephone number of the owner or operator;

(2) Names, address, and telephone number of the facility;

(3) Date, time, and nature of the incident;

(4) Name and quantity of material(s) involved;

(5) The extent of injuries, if any;

(6) An assessment of actual or potential hazards to human health or the environment, where this is applicable; and

(7) Estimated quantity and disposition of recovered material that resulted from the incident;

(k) Reports verbally to the Department within 24 hours of any spill or leakage of hazardous waste from an elementary neutralization unit; and

(l) Contains any spilled corrosive material from the unit, and assesses the possibility for reuse of the spilled material in the manufacturing process. If the owner or operator is unable to reuse the material in the manufacturing process, and desires to manage the spilled material in its wastewater treatment system, the owner or operator shall obtain prior permission from the Department to meter the waste to an on-site treatment plant designed to handle corrosive wastes.

(2) Publicly owned treatment works (POTW). The owner or operator of a POTW which accepts for treatment hazardous waste by means other than a sewer line containing domestic sewage, or the generator who discharges the hazardous waste to a POTW through a sewer system containing domestic sewage if:
(a) The POTW that accepts the hazardous waste for treatment by a means other than a sewer line containing domestic sewage has a National Pollutant Discharge Elimination System (NPDES) or Maine Pollutant Discharge Elimination System (MEPDES) permit and the waste to be treated is in fact regulated by that permit and:
(i) The POTW is in compliance with the conditions of that permit and its State wastewater discharge license;

(ii) The POTW is in compliance with 06-09 6 C.M.R. ch. 857, § 9, and 06-096 C.M.R. ch. 854, §§ 6(C)(10)(a), 6(C)(12), 6(C)(13), and 6(C)(19);

(iii) The POTW is in compliance with 06-096 C.M.R. ch. 854, §6D and

(iv) The applicant submits the following information to the Department:
(a) The types and quantities of hazardous waste that will be discharged;

(b) A copy of the notification sent to the POTW owner and operator informing the POTW of the types and quantities of hazardous waste proposed by each waste generator to be managed by the POTW; and

(c) A statement to the Department by each waste generator demonstrating it is necessary and appropriate to send the waste to the POTW due to a lack of feasible alternatives;

(b) The generator discharges to a POTW with a NPDES or MEPDES permit, the waste to be treated is in fact regulated by that permit, and the applicant (i.e., generator) submits an agreement to the Department that contains the following items:
(i) A copy of the written notification to the POTW by the generator discharging hazardous waste into the sewer system specifying the types and quantities of hazardous waste that will be discharged and a description of the anticipated treatment with the POTW will provide the generator; and

(ii) A statement by each waste discharger or generator to the Department demonstrating it is necessary and appropriate to discharge the waste to the POTW due to a lack of feasible alternatives.

The handling of any sludge or residue from the POTW which is hazardous is not deemed to be licensed under this section.

(3) Transfer facility:
(a) It is a transfer facility as defined in Section 3 of this Chapter;

(b) The transfer facility is used by a licensed transporter for the storage of manifested shipments of hazardous waste;

(c) The wastes are shipped to it and stored therein in the same containers, which containers meet the applicable requirements of 49 C.F.R. Parts 173, 178, and 179 and are labeled and marked in accordance with 06-096 C.M.R. ch. 851, § 8;

(d) The wastes are stored for a period of ten days or less;

(e) The transfer facility is provided with adequate security to prevent tampering and release of hazardous waste to the environment;

(f) The wastes are stored on a firm working surface, such as asphalt or concrete, which is at least four inches in thickness and impervious and which must be kept entire and that is designed to resist the effects of the wastes stored there, and which is constructed with a raised berm around the entire storage facility;

(g) The wastes are stored such that incompatible, reactive and ignitable wastes are segregated so as not to create a dangerous situation and to prevent wastes from coming into contact with one another;

(h) The transfer facility has adequate protection for fire; and

(i) The transfer facility has provisions for the proper maintenance of the structure including the firm working surface and any sealant.

(4) Facility where a hazardous waste is beneficially used or reused on the site of its generation:
(a) The waste does not leave the site unless transported in accordance with the applicable provisions of 06-096 C.M.R. ch. 853 and 06-096 C.M.R. ch. 857 for hazardous waste;

(b) The waste in quantities of 600 kilograms or more is stored prior to beneficial use or reuse in accordance with 06-096 C.M.R. ch. 851, §§ 8(B)(2) -(5) and 13(B)(1), 13(C)(1), 13(C)(3), 13(C)(4) and 13(D), or is stored in quantities of less than 600 kilograms in accordance with 06-096 C.M.R. ch. 851, §§ 8(B)(2) -(4) and 13(B)(1), 13(C)(1), 13(C)(3), 13(C)(4) and 13(D);

(c) The waste is beneficially used or reused on the site and if the waste is altered or treated in any manner, a detailed description of the alteration or treatment is provided to the Department;

(d) The waste is beneficially used or reused on-site within 90 days of the date when it was generated; and

(e) The waste is not used or reused in a manner constituting disposal or incinerated, burned or otherwise thermally treated unless in accordance with Section 11(A)(6) of this Chapter, or Section 10(D) of this Chapter and 06-096 C.M.R. ch. 854, § 13.

(5) Facility, not otherwise identified in Section 11 of this Chapter, where a hazardous waste is beneficially used or reused off the site of generation, and if recycled by being reclaimed it is recycled by the same entity (e.g., same corporation), where the terms "recycled", "reclaimed", and "used" or "reused" are as defined in 40 C.F.R. §261.1(c)(4),(5)and (7) if:
(a) For waste generated and recycled within the State:
(i) The following information is submitted to the Department for its review and approval: a detailed description of the type of waste to be recycled, the alteration or treatment (if any) of the waste prior to the beneficial use or reuse, and the process by which the waste will be beneficially used or reused;

(ii) The storage of hazardous waste, if any, at the site of its generation is conducted in tanks or containers in accordance with the requirements of 06-096 C.M.R. ch. 851, and the storage of hazardous waste prior to the beneficial use or reuse by the recipient, if any, is conducted in tanks or containers in accordance with the requirements of 06-096 C.M.R. ch. 854 and 06-096 C.M.R. ch. 855;

(iii) The waste is beneficially used or reused at the receiving facility within 90 days of the date when the waste first arrived at the facility;

(iv) The waste is not incinerated, burned or otherwise thermally treated unless in accordance with Section 11(A)(6) of this Chapter, or Section 10(D) of this Chapter and 06-096 C.M.R. ch. 854, § 13;

(v) The waste is not recycled in a manner constituting disposal or accumulated speculatively as defined in 40 C.F.R. §261.1(c)(8);

(vi) The waste is not F020, F021, F022, F023, F026, F027, and F028;

(vii) The recipient clearly marks each container with the name of the receiving facility, the date each container was received, and the license number authorizing the receipt of the waste; and the recipient maintains the generator labels on each container in a manner which is visible for inspection;

(viii) All waste is transported in accordance with the applicable provisions of 06-096 C.M.R. ch. 853 and 06-096 C.M.R. ch. 857 for hazardous waste;

(ix) The generator and the recipient obtain an abbreviated license issued jointly for the activities described above; and

(x) Fees must be paid on all shipments of waste pursuant to 38 M.R.S. §1319- I(2)(B).

(b) For waste generated outside the State but recycled within the State:

The generator and the recipient comply with the provisions of Section 11(A)(5)(a)(i) -(x) of this Chapter; except that only the recipient is required to obtain an abbreviated license under this section.

(6) Incinerator or other thermal treatment unit:
(a) The unit is not a cast iron and fire-tube boiler or a boiler having a capacity level of less than 25 million Btu per hour;

(b) The hazardous waste being thermally treated is hazardous solely because it is ignitable and the owner or operator submits waste analyses to the Department which so demonstrate, specifying the source(s) of the waste;

(c) The amount of waste being thermally treated does not exceed 10% of the total feed stock burned at any one point in time and the owner or operator submits to the Department, a detailed description of the design and operation of the unit, including specification of how the 10% level is to be maintained at all times;

(d) The waste is used for energy recovery and the owner or operator submits information so documenting to the Department; and

(e) The Department makes an affirmative determination based upon the above information that the unit is licensed under the abbreviated license process. Thereafter, the owner or operator shall maintain a record of all wastes thermally treated, including the waste sources, sufficient to demonstrate compliance with subparagraphs (b), (c) and (d) above and shall submit on a quarterly basis a copy of that record to the Department.
(i) The Department may require analysis of the emissions, ash, scrubber effluent or other residues in order to determine that the unit meets the requirements of this section. These analyses may be required initially or whenever the Department determines that such information is necessary to protect public health, safety, or welfare or the environment, or both; and

(ii) The Department may determine that in order to protect the public health, safety, or welfare or the environment, a unit which meets the requirements of subparagraphs (a), (b), (c) and (d) above is nonetheless not deemed to be licensable under the abbreviated license process and that all applicable incinerator licensing requirements and standards of 06-096 C.M.R. ch. 854 and this Chapter apply.

(7) Facility where waste is reused in a wastewater treatment facility:
(a) The waste is spent pickle liquor (Hazardous Waste No. K062);

(b) The facility holds a NPDES or MEPDES permit, such use does not violate any condition or term of that permit or license and the waste to be treated is in fact regulated by the permit or license;

(c) The waste is beneficially reused within 90 days of the date when the waste first arrived at the facility and is stored prior to beneficial reuse in accordance with 06-096 C.M.R. ch. 851, §§ 8(B)(2) -(5);

(d) The waste is not stored in underground tanks; and

(e) The owner or operator of the facility submits to the Department a document that identifies and describes the facility process in which the waste is to be used and the location and manner of storage of the waste.

(8) Facility where polychlorinated biphenyls (PCBs) are stored:
(a) The total volume of PCBs, which are subject to these regulations (as specified in 06-096 C.M.R. ch. 850, § 3(C)(2)(c) (iii)), and the storage time at the site falls within either of the following categories:
(i) Greater than 165 gallons but for ten (10) working days or less, or

(ii) Less than 165 gallons for more than 10 days;

(b) The owner or operator of the facility submits to the Department a PCB management plan for the site. The PCB management plan must include, but not be limited to, preventative, spill containment and security measures to ensure that the public health and the environment will be protected during PCB handling and storage. The plan must be site specific but need not be specific to individual PCB units or equipment;

(c) The PCBs are stored in containers and tanks having identifying labels (unless stored in PCB equipment) and such containers or tanks are stored on an asphalt or concrete pad; and

(d) The Commissioner approves the PCB management plan.

(9) Precious metal recovery unit. The owner or operator of a facility where hazardous waste is treated for the recovery of precious metals contained in the waste:
(a) Shall store the waste prior to treatment for precious metal recovery in a manner that meets the requirements of 06-096 C.M.R. ch. 851, including the requirement that the waste be treated for recovery of precious metals within 90 days of the date the waste arrived at the facility;

(b) Shall maintain a system/test method for ensuring that any waste which is discharged to a POTW or through a NPDES or MEPDES permit is not hazardous as identified in 06-096 C.M.R. ch. 850;

(c) Maintains a valid license for the treatment, disposal, or both of wastewater generated by the recovery process that includes testing at appropriate frequency for at least the characteristic(s) or hazardous constituent(s) which render the waste hazardous;

(d) Does not incinerate, burn or otherwise thermally treat the waste except in accordance with Section 11(A)(6) of this Chapter, or Section 10(D) of this Chapter and 06-096 C.M.R. ch. 854, § 13;

(e) Submits to the Department documents identifying the wastes being treated for precious metal recovery, describing the process by which precious metals are recovered from the waste and the system/test method for ensuring that only non-hazardous waste is discharged under their wastewater discharge license;

(f) Complies with all applicable notification, manifest, recordkeeping and reporting requirements of 06-096 C.M.R. ch. 857; and

(g) The activity is authorized upon receipt of a letter from the Department of the above information.

(10) Volume reduction unit. The owner or operator of a wastewater treatment unit as defined in 40 C.F.R. §260.10 that is employed to reduce waste volume where:
(a) The waste does not leave the site unless transported by a licensed hazardous waste transporter using a hazardous waste manifest in accordance with the applicable provisions of 06-096 C.M.R. ch. 853 and 06-096 C.M.R. ch. 857 for hazardous waste;

(b) Any waste storage prior to treatment in the unit is conducted in compliance with 06-096 C.M.R. ch. 851, §§ 8(B)(2) -(5);

(c) The waste is reduced in volume on the site of generation, the waste treatment is described in detail, and the unit is not otherwise subject to an abbreviated license under this Chapter;

(d) Waste reduction is performed within 90 days of waste generation;

(e) The waste is not incinerated, burned, or thermally treated except as provided in Section 11(A)(6) of this Chapter, or Section 10(D) of this Chapter and 06-096 C.M.R. ch. 854, § 13;

(f) The waste reduction is conducted in a manner that prevents releases of hazardous waste or constituents, or treatment residuals, into the environment; and

(g) The owner or operator takes the precautions to prevent reactions specified in 40 C.F.R. §§264.17(b)(1) - (5).

(11) Facility, not otherwise identified in Section 11(A) of this Chapter, where a hazardous waste is treated in a tank within 90 days of initial generation:
(a) The waste is treated on the site of generation and does not leave the site unless transported in accordance with the applicable provisions of 06-096 C.M.R. ch. 853 and 06-096 C.M.R. ch. 857 for hazardous waste;

(b) The facility complies with the provisions of Sections 11 A(1)(a) through (k) of this Chapter;

(c) The facility complies with the tank provisions of 06-096 C.M.R. ch. 855, § 9(D) and all applicable standards for generators of hazardous waste in 06-096 C.M.R. ch. 851 and 06-096 C.M.R. ch. 852;

(d) A detailed description of the treatment method is provided to the Department; and

(e) The waste is not incinerated, burned, or thermally treated except as provided in Section 11(A)(6) of this Chapter, or Section 10(D) of this Chapter and 06-096 C.M.R. ch. 854, § 13.

(12) Facility that generates a hazardous waste in solid form with insufficient liquidcontent to be free flowing and such that it does not fail the paint filter test, Method 9095B of "Test Methods for Evaluating Solid Waste, Physical/Chemical Methods" (EPA Publication SW-846) or the liquid release test, Method 9096 of SW 846; where such hazardous waste is beneficially used or reused off the site of generation, where the terms "used" or "reused" are as defined in 40 C.F.R. §261.1(c)(5) or "reclaimed" as defined in 40 C.F.R. §261.1(c)(4); and which for the purposes of this section the hazardous waste does not contain any volatile components, nor does it exhibit the hazardous characteristic of reactivity, corrosivity or ignitability as defined in 06-096 C.M.R. ch. 850, if:
(a) For waste generated and used, reused or reclaimed within the State:
(i) The following information is submitted to the department for review and approval:
(1) A detailed description of the type of waste to be used, reused or reclaimed; a certification that the waste is a characteristic hazardous waste sludge or a by-product exhibiting a characteristic of hazardous waste or meets the description of 40 C.F.R. §261.2(e)(1); and a description of the process by which the waste will be beneficially used, reused or reclaimed;

(2) A demonstration is made to the department that a viable market exists for the waste in accordance with the requirements of 40 C.F.R. §261.2(f). This demonstration must include documentation such as a contract that a product is produced from the waste and an analysis of any contaminants that are contained in the product as a result of using the waste; and

(3) A plan that demonstrates the ability and capacity of the equipment and storage areas to beneficially use, reuse or reclaim the waste within 90 days of the date when the waste first arrived at the facility.

(ii) The storage of hazardous waste, if any, at the site of its generation is conducted in tanks or containers in accordance with the requirements of 06-096 C.M.R. ch. 851, except that:
(1) Permission may be granted for storage up to an additional 90 days when the applicant demonstrates to department satisfaction that additional time is necessary to accumulate an economical amount of waste; and

(2) The waste must be labeled "Maine Recyclable Hazardous Material - Federally Exempt".

(iii) The storage of hazardous waste prior to the beneficial use, reuse or reclamation by the recipient, if any, is conducted in tanks or containers in accordance with the requirements of 06-096 C.M.R. ch. 854 and 06-096 C.M.R. ch. 855;

(iv) The waste is not incinerated, burned or otherwise thermally treated unless in accordance with Section 11(A)(6) of this Chapter, or Section 10(D) of this Chapter and 06-096 C.M.R. ch. 854, § 13;

(v) The waste is not used, reused or reclaimed in a manner constituting disposal or accumulated speculatively as defined in 40 C.F.R. §261.1(c)(8);

(vi) The waste is not identified as F020, F021, F022, F023, F026, F027 or F028 under 06-096 C.M.R. ch. 850, Appendix VII;

(vii) The recipient clearly marks each container with the name and address of the receiving facility, the date each container was received, and the number of the uniform bill of lading (UBOL) for recyclable hazardous materials or the manifest document number; and the recipient maintains the generator labels on each container in a manner which is visible for inspection;

(viii) All waste is transported in accordance with U.S. Department of Transportation (DOT) regulations by a carrier and the department receives copies of the UBOL or manifest, including a description of the waste within seven days of when the waste is accepted by the carrier and within seven days after the shipment is accepted at the facility;

(ix) The waste is designated as "Maine Recyclable Hazardous Material / Federally Exempt." The prefix MR must be added before the four-digit state code for all shipments. The material may be shipped via common carrier if the shipment is accompanied by a UBOL supplied by the department and the generator, shipper and recycling facility comply with the instructions for the UBOL. The material may be shipped via licensed hazardous waste transporter if the shipment is accompanied by a manifest and the generator, transporter and recycling facility comply with the instructions for the manifest;

(x) The generator and the recipient obtains an abbreviated license issued jointly for the activities described above; and

(xi) The generator pays the waste shipment fees due under 38 M.R.S., §1319- I(2)(B) or arranges for payment of the fee by a third party such as the carrier or recycling facility.

(b) For waste generated outside the State but used or reused within the State, the recipient complies with the provisions of Section 11(A)(12)(a)(i) through (xi) of this Chapter; except that just the recipient is required to obtain an abbreviated license under this Section.

(c) For waste generated in the State but which is used, reused or reclaimed outside of the State:
(i) The generator submits the information contained in Section 11(A)(12)(a)(i)(1) and (2) of this Chapter to the Department for review and approval, except no prior approval by the Department is required for any treatment of the waste that occurs outside of the state;

(ii) All waste is transported in accordance with DOT regulations by a carrier and the department receives copies of the UBOL or manifest including a description of the waste within seven days of when the waste is accepted by the carrier and within seven days after the shipment is accepted at by the recipient;

(iii) The waste is designated as Maine Recyclable Hazardous Material/Federally Exempt. The prefix MR must be added before the four-digit state code for all shipments. The material may be shipped via common carrier if the shipment is accompanied by a UBOL supplied by the department and the generator, shipper and recipient comply with the instructions for the UBOL. The material may be shipped via licensed hazardous waste transporter if the shipment is accompanied by a manifest and the generator, transporter and recipient comply with the instructions for the manifest;

(iv) The generator complies with Section 11(A)(12)(a) (ii) of this Chapter; and

(v) The generator complies with Section 11(A)(12)(a) (xi) of this Chapter.

(d) For the purposes of this subsection, "carrier" means both a common carrier and a licensed hazardous waste transporter.

(13) Electronics Demanufacturing Facility. A facility where universal waste is prepared for recycling by demanufacturing electronic units, including but not limited to computers, televisions, video display terminals, into the various sub components. The owner or operator of an electronic demanufacturing facility shall comply with the following requirements:
(a) Submit to the Department for its review and approval a detailed description of the type of waste to be recycled, the processing method for the alteration or dismantling of the waste, and the process by which the waste will be beneficially used or reused;

(b) Ensure that no crushing or other treatment of the universal waste or hazardous sub components other than dismantling occurs. The baling of steel, plastic, aluminum and electrical cables is acceptable provided no hazardous substances are released in the process;

(c) Ensure that the storage of any universal waste and dismantled electronics is conducted at the site in accordance with the requirements of 06-096 C.M.R. ch. 850, §§ 3(A)(13) and 3(A)(14) or in accordance with a plan submitted and approved under this abbreviated process;

(d) Ensure that the demanufacturing facility clearly marks each container or electronic unit with the name or identification number of the generator, the date each container or electronic unit was received, and the date the first item or sub component is placed in the dismantled sub component containers;

(e) Ensure that the waste is dismantled at the demanufacturing facility within 180 days of the date when the waste first arrived at the facility;

(f) Ensure that the dismantled sub components are shipped from the demanufacturing facility within 180 days of the date the waste is dismantled;

(g) Ensure that the waste and sub components are not recycled in a manner constituting disposal, unless the waste components are determined to not contain hazardous constituents or no feasible recycling option is available in which case the waste components may be sent for disposal;

(h) Transport all waste in accordance with the applicable provisions of 06-096 C.M.R. ch. 853 and 06-096 C.M.R. ch. 857 for hazardous waste or universal waste, or for waste components with no hazardous constituents in accordance with a plan submitted and approved under this abbreviated process; and

(i) Submit an annual report to the Department that documents the quantity of waste incoming to the facility, and the quantity of universal waste and sub component material outgoing from the facility on forms specified by the Department.

B. Operation of a facility under an abbreviated license process constitutes the granting of permission by the owner or operator to allow authorized representatives of the Department to conduct periodic inspections of the facility and sampling of the waste(s) to determine compliance with the provisions and intent of this section.

C. The owner or operator of a facility under an abbreviated license process shall:

(1) Pay the annual fee as required by 38 M.R.S. §1319- H(2) and Section 13(C) of this Chapter except that transfer facilities as described in Section 11(A)(3) of this Chapter are not required to pay the fee.

(2) Submit, with the annual fee, a statement, signed and dated, that:
(a) Identifies the owner and operator by name(s), address(es), and telephone number(s);

(b) Identifies the facility by name, location, address, and telephone number;

(c) Identifies the type of facility and process as enumerated in Section 11(A) of this Chapter; and

(d) Identifies the type and quantity of the hazardous waste(s) handled at the facility under the abbreviated license granted by the Department.

(3) Upon closure of the facility or cessation of use of the unit, remove all hazardous waste and hazardous waste residues to a facility licensed to handle the waste. Remaining containers, tanks, liners, bases, equipment, structures, and soil containing or contaminated with hazardous waste residues must be decontaminated or disposed of at a facility licensed to handle the waste. The owner or operator of the facility shall provide 45 days written notice to the Department prior to closure or cessation of use and shall submit to the Department within l0 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 owner or operator and by an independent State of Maine licensed professional engineer and must be submitted within 90 days from the date of facility closure or cessation of use of the unit.

D. A facility is licensed under the abbreviated process only so long as the requirements of this section are met.

E. Eligibility for an abbreviated license may be terminated by the Department if any of the requirements of Section 11 of this Chapter are violated, if any of the requirements of 06-096 C.M.R. ch. 854 or this Chapter are violated, or if the Department determines that the requirements for an abbreviated license are not sufficient to protect human health, safety or welfare or the environment. Any handling activity which is subject to full licensing requirements under federal law shall not be eligible for an abbreviated license.

F. An owner or operator that notifies the Department of activity covered under Section 11(A)(1) of this Chapter is considered to be licensed under the Abbreviated License Process for that activity provided the owner or operator notified the Department using the registration form supplied by the Department by March 31, 1994, or prior to the activity if after March 31, 1994, and complies with all applicable rules. To retain the license, the owner or operator is required to register with the Department annually, in January of each year, pay the appropriate annual fee per 38 M.R.S. §1319- H, and maintain compliance with all applicable rules.

G. An owner or operator of a precious metal recovery unit that receives a letter of receipt from the Department for an Abbreviated License Application under Section 11(A)(9) of this Chapter is authorized to continue operating such an activity until the Department requests a modification. The modification may include requesting a change in operation or the cessation of the activity.

Disclaimer: These regulations may not be the most recent version. Maine may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.