Code of Maine Rules
06 - DEPARTMENT OF ENVIRONMENTAL PROTECTION
096 - DEPARTMENT OF ENVIRONMENTAL PROTECTION - GENERAL
Chapter 856 - LICENSING OF HAZARDOUS WASTE FACILITIES
Section 096-856-16 - Emergency Temporary Permission for Storage of Hazardous Waste for more than 90 Calendar Days by a Generator

Universal Citation: 06 ME Code Rules ยง 096-856-16

Current through 2024-38, September 18, 2024

A. When a generator of hazardous waste, who ordinarily stores hazardous waste on the site of generation for less than ninety (90) calendar days pursuant to 06-096 C.M.R. ch. 851, needs to temporarily store that waste on that site for more than ninety (90) calendar days because of an emergency condition, the generator shall, as soon as possible, orally advise the Department and within 48 hours apply in writing to the Commissioner for emergency temporary permission for an extension of the 90-day generator storage limit to allow the storage of hazardous waste for more than ninety (90) calendar days.

B. The oral advice and written application must give the generator's name and location, describe the operation of the generating facility, identify the type and amount of hazardous waste generated therein and type and amount of those hazardous wastes which must be so stored and specify the method and conditions of storage, including its expected duration. The applicant shall also describe the usual method or system of handling the hazardous wastes which are proposed to be so stored, state the emergency condition which prevents the use of that method or system and state what, if any, alternatives to storage exist, whether they have been explored and why they cannot be utilized.

C. If the oral advice and/or written application demonstrates, in the judgment of the Commissioner, that an emergency exists which poses an imminent and substantial endangerment to human health or the environment and which requires that the generator temporarily store the wastes as specified and that such temporary storage will not itself create or threaten imminent and substantial endangerment to human health or the environment, the Commissioner may provide emergency temporary permission for an extension to allow such storage. The extension:

(1) May be oral; if so, it must be followed within 5 days by a written emergency extension;

(2) Must not exceed 30 days in duration. The Commissioner may grant a maximum of two (2) extensions, in 30-day increments, such that the maximum period of the emergency extension does not exceed 90 days;

(3) Must specify the wastes to be stored and the location and manner of storage;

(4) May be terminated by the Commissioner at any time, without process, if the Commissioner determines that termination is appropriate to protect human health or the environment; and

(5) Must incorporate, to the extent possible and not inconsistent with the emergency situation, all applicable requirements of this Chapter and of 06-096 C.M.R. ch. 854.

D. If a generator applies more than one time for an extension under this section, the Commissioner may, whether or not it issues the extension, require the generator to apply for a hazardous waste storage facility license under the regular licensing provisions of this Chapter and 06-096 C.M.R. ch. 854.

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