Current through 2024-38, September 18, 2024
The following persons are not required to obtain a
license:
A. Generators of hazardous
waste who accumulate hazardous waste on site for 90 days or less, as provided
in 06-096 C.M.R. ch. 851, §
8(B).
B. Farmers who dispose of hazardous waste
pesticide residues from their own use as provided in 06-096 C.M.R. ch. 851,
§
4(C) and 06-096
C.M.R. ch. 851, §
10.
C. Owners or operators of totally enclosed
treatment facilities as defined in 40 C.F.R. §260.10.
D. Owners or operators of wastewater
treatment units as defined in 40 C.F.R. §260.10 provided all the hazardous
wastes and wastewaters treated in such units are generated on-site, the owners
or operators are in compliance with 40 C.F.R. §264.17(b), and the owners
and operators are in compliance and submit a certification to the Department
prior to operating the wastewater treatment unit (or by June 30, 1995 for units
operating before June 30, 1995) that they are in compliance with the following
requirements:
(1) The wastewater treatment
units and associated piping are constructed of materials compatible with the
wastes managed in such units during routine and upset conditions;
(2) The wastewater treatment units must have
a secondary containment system of sufficient capacity to contain whichever is
greater; 110% of the capacity of the largest unit or 20% of the combined
capacity of the wastewater treatment units, except that, secondary containment
of sewer lines is not required;
(3)
The wastewater treatment units are equipped with automatic high level alarms,
and such alarms are inspected and tested at least twice per year;
(4) Procedures for responding to the
activation of the automatic high level alarms have been established that are
sufficient to prevent a release of hazardous waste to the environment and the
wastewater treatment units are operated within the parameters of the facility's
design;
(5) The wastewater
treatment system is subject to a water discharge license pursuant to 38 M.R.S.
§§413 through 414(B), Pretreatment Program, 06-096
C.M.R. ch. 528, or 40 C.F.R. §§403.8 and 403.9 (pretreatment
agreement) containing limits on the hazardous characteristics and any hazardous
constituents for which the waste is hazardous (see Appendix VII of 06-096
C.M.R. ch. 850), and the license provides for testing for such characteristics
and/or constituents at least annually;
(6) Periodic inspections of wastewater
treatment unit components are performed, and such inspections include the
draining of tanks and trenches to ensure the integrity of the structures by
inspecting for corrosion and other forms of deterioration at least every five
years;
(7) All sewer lines are
inspected and/or tested for structural integrity, including corrosion, at least
every five years;
(8) Whenever the
owner or operator discovers that temporary or permanent repairs to the
wastewater treatment units or associated piping are necessary to maintain
structural integrity, the owner or operator shall notify the Bureau of Water
Quality and the Bureau of Remediation and Waste Management within 24 hours of
the discovery, and within 72 hours of such discovery, shall submit a written
plan and repair schedule for review and approval of the Department;
(9) Repairs to equipment and structures are
performed whenever necessary to maintain structural integrity prior to return
to service;
(10) Wastewater
analysis and inspection records must be retained at the facility and made
available to any department or municipal official for inspection; and
(11) The certification must be submitted to
the Bureau of Remediation and Waste Management, Hazardous Waste Management Unit
at the address specified in Section
10(A)(1) of this
Chapter.
The certification must be made by a person authorized to sign
a license application under Section
10(A)(3) of this
Chapter, and such certification must read:
I certify, under penalty of law, that the requirements of
06-096 C.M.R. ch. 856, §6(D) have been met for all wastewater treatment
units which are unlicensed under the terms of that provision. I am aware there
are significant penalties for submitting false information including the
possibility of fine and imprisonment.
E. Generators of hazardous waste who
physically treat hazardous waste in compactors designed and operated to prevent
releases of liquids and vapors that are always closed, except when it is
necessary to add or remove waste, provided the generators do not commingle
different types of hazardous waste in the compactor.
NOTE: Generators should consult with compactor manufacturers
to determine if their particular waste can be safely compacted. The
requirements of 06-096 C.M.R. ch. 851 and 06-096 C.M.R. ch. 852 apply to
compactors and the compacted waste including the labeling, maximum accumulation
time, inspection, land disposal restriction and closure provisions.
F. Generators of hazardous waste
who physically treat waste in tanks or containers and immediately reinsert the
waste back into the manufacturing process without any other form of treatment,
provided the waste is not used or reused in a manner constituting disposal or
burned to recover energy or used to produce a fuel. "Physically treat" for the
purposes of this section is limited to the use of pulverizers, grinders and
hammers to reduce the particle size of hazardous waste such that the waste is
more amenable for reuse.
G.
Generators of laboratory hazardous waste who neutralize hazardous waste which
is hazardous solely due to the characteristic of corrosivity in quantities less
than 500 milliliters per treatment within their laboratory.
NOTE: Generators need to ensure that their waste is only
hazardous for corrosivity and not for other hazardous waste characteristics,
such as toxicity (including metals), ignitability, or reactivity.
H. Persons conducting removal or
remedial action activities exempt from state licensing under section 121(e) of
the federal Comprehensive Environmental Response, Compensation and Liability
Act (CERCLA) of 1980.
I. The owner
or operator of an elementary neutralization unit, as defined in Section
3(C) of this Chapter,
provided:
(1) The unit is subject to a
pretreatment agreement with the operator of a publicly owned treatment works,
or wastewater from the unit is discharged to a wastewater treatment system
licensed under 38 M.R.S. §§413 through 414- B, 06-096 C.M.R. ch. 528,
or 40 C.F.R. §§403.8 and 403.9;
(2) All pipes, sewers and other unit
components that may contain, convey or otherwise be in contact with corrosive
hazardous waste are constructed of materials compatible with the management of
corrosive waste, and the location of all such components is identified in a
spill prevention control and clean-up plan submitted to the Commissioner as
provided under 38 M.R.S. §1318- C;
(3) Each identified unit component is
inspected at a frequency specified in the spill prevention control and clean-up
plan and repaired as necessary to maintain structural integrity;
(4) Inspection records, including the date
and time of inspection, the name of the inspector and the date and nature of
any significant repairs or corrective actions, are retained and made available
to department officials upon request, and to municipal officials if effluent
from the unit is subject to a pretreatment agreement under section 307(b) of
the federal Clean Water Act; and
(5) The owner or operator complies with 40
C.F.R. §265.17(b), which, in general, requires that the treatment of
corrosive hazardous wastes be conducted so that it does not cause violent
reaction, damage the structural integrity of the unit or otherwise threaten
human health and the environment.
