Code of Maine Rules
06 - DEPARTMENT OF ENVIRONMENTAL PROTECTION
096 - DEPARTMENT OF ENVIRONMENTAL PROTECTION - GENERAL
Chapter 860 - WASTE OIL MANAGEMENT RULES
Section 096-860-11 - Waste Oil Storage Facility License Application Requirements
Universal Citation: 06 ME Code Rules ยง 096-860-11
Current through 2024-38, September 18, 2024
A. General Information
(1) An applicant for a license for a waste
oil storage facility must file an application in accordance with the
requirements of this section, including a completed license application form
and all supporting materials.
(2)
Application for a license to operate a waste oil storage facility shall be made
on a form obtained from and filed with:
State of Maine
Department of Environmental Protection
Bureau of Remediation and Waste Management
State House Station #17
Augusta, Maine 04333
(3) The Department will consider an
application only when the applicant has demonstrated sufficient title, right or
interest in all of the property which is proposed for development or use. Such
title, right or interest may be demonstrated by submitting a copy of the
property deed, lease or option to buy or lease agreement. In the case of a
lease, the lease shall be of sufficient duration, as determined by the Board,
to permit construction and reasonable use of the facility. Option agreements
shall contain terms deemed sufficient by the Board to establish future title or
a leasehold of sufficient duration.
(4) The applicant must demonstrate in his
application sufficient financial capacity to construct, operate and maintain
all aspects of the facility in accordance with the requirements of all
applicable statutes and rules.
(5)
All engineering designs, reports, plans and other technical engineering
documents must be signed and certified by a State of Maine Registered
Professional Engineer.
(6) All
geological work must be signed and certified by a State of Maine Certified
Geologist, except that soils work may be signed and certified by a State of
Maine Certified Soil Scientist.
(7)
All property survey work must be signed and certified by a State of Maine
Registered Land Surveyor.
(8) All
drawings, site plans and maps must be on sheets no smaller than 81/12" x 11"
and no larger than 30" x 40".
(9)
An applicant or a licensee shall immediately notify the Department of any
change in circumstance or situation which changes or will change any
information stated on his application. An oral notification shall be followed
by written notification to the Department within ten (10) calendar days of the
date of change.
(10) The
application must be signed by:
(a) A
principal executive officer of at least the level of vice president, if the
applicant is a corporation.
(b) A
general partner or a proprietor, if the applicant is a partnership or sole
proprietorship.
(c) A principal
executive officer or ranking elected official, if the applicant is a municipal,
state, federal or other public agency.
(11) Public Notice
(a) An applicant shall give public notice of
the filing of an application as follows:
(i)
File a copy of the application with the clerk of the municipality in which the
facility is or will be located. Where a facility is or will be located in an
unorganized territory, the notice shall be given to the appropriate County
clerk and to the Land Use Regulation Commission (LURC).
(ii) Publish a legal notice in at least one
newspaper of general circulation in the area in which the facility is or will
be located. This notice must be published once during the week in which the
application was filed and once during the following week.
(iii) Notify all owners of property abutting
the proposed facility.
(b) The public notice shall include, but not
be limited to:
(i) the name, location and
type of facility;
(ii) the name of
the owner and operator of the facility;
(iii) a statement that the application has
been filed and the date filed;
(iv)
a statement that written public comments an the proposal are invited;
(v) a statement that a public hearing may be
requested by any person, group of persons, or agency with respect to the
application;
(vi) a statement that
comments and bearing requests will be considered by the Department if filed
within 45 days of the last day of the week in which the application was
filed;
(vii) comments and bearing
requests must be filed with:
Maine Department of Environmental Protection
Bureau of Remediation and Waste Management
State House Station #17
Augusta, Maine 04333
(12) Access to Site. By filing an application
for a license, the applicant agrees to provide authorized representatives of
the Department with access to the facility site in order that the site may be
evaluated for a license as a waste oil storage facility. Insofar as practical,
access will be sought during normal business hours.
B. Required Information. The application shall include, but not be limited to, the following information:
(1) General
(a) The name and location of the proposed
waste oil storage facility.
(b) The
name, mailing address and phone number of the applicant.
(c) The name(s), addresses and telephone
number(s) of the owner(s), operator(s) and other person(s) in control of the
business.
(d) The address and
telephone number of each location of the business and of other companies owned
or operated by persons listed in 11B(1)(c) including major out-of-state
locations and affiliates.
(e) The
name, address and telephone number of persons who are authorized to act in an
emergency.
(f) A description of the
applicant's prior experience and/or training which demonstrates the applicant's
technical ability to construct, operate and maintain the facility as
proposed.
(g) Evidence of the
owner's and operator's history of compliance with laws, regulations and
standards relating to environmental protection.
NOTE: For example, the Department may require the applicant to provide a list of all environmental licenses or permits previously obtained by the applicant in this or any other State as well as information pertaining to the status of those licenses or permits or to any related enforcement actions.
(h) An estimate of
the total cost of the facility as proposed. Itemize major categories of
costs.
(i) A demonstration of the
applicant's financial capacity (including projections of utilization of the
facility) to construct, operate and maintain all aspects of the facility in
accordance with requirements of statutes and rules.
(j) A list of all other Federal, State and
Local environmental licenses or permits required for the facility. Indicate
whether or not each has been applied for and the date of such application or
receipt of such permit.
(k) A
certificate of liability insurance covering the licensed activity. (Refer to
Section 11.C for guidance.)
(2) Facility Location
(a) A map, plotted on the most current
1:24,000 scale (71/12 minute) United States Geological Survey (USGS)
topographical quadrangle, showing the location of the facility and the location
of all public and private drinking water supplies within one mile beyond the
property boundaries. If a 71/12 minute map is not available from USGS, a
1:62,500 scale (15 minute) map may be used.
(b) Copies of all state and municipal zoning
restrictions applicable to the facility property and to the area within one
half (1/12) mile of the property boundaries.
(3) Facility Design and Operation
(a) A scale drawing (1:500) of the storage
facility signed by a professional engineer showing property boundaries; the
location of all roadways, buildings, containers, tanks and equipment associated
with operations at the facility; and the location of all wells, springs, ponds,
streams and other bodies of surface water on the facility site. Additionally,
if the applicant is applying for a license for a facility that is in existence
on the effective date of this rule, the application shall provide photographs
of the facility which clearly delineate all existing structures, existing waste
oil handling areas and sites of proposed waste oil handling areas
(b) A diagram/description of the facility
which includes detailed information on the following:
(i) design capacity;
(ii) number, size and capacity of all waste
oil storage tanks, tank specifications and date(s) of manufacture;
(iii) diagram of the foundation and
structural support for each tank;
(iv) engineering drawings including plan and
profile views of all buildings, storage tanks, spill containment systems and
related structures;
(v) diagram of
piping, instrumentation and process flow;
(vi) description of feed systems, safety
cut-offs, bypass systems, leak detection systems and pollution control
equipment;
(vii) diagram and
description of the collection system for surface water run-off.
(c) A plan of operation for the
facility which, at a minimum, provides the following information:
(i) anticipated hours of operation (hours per
day, days per week);
(ii) a waste
analysis plan which includes types of waste oil to be handled, anticipated
weekly volume, frequency of sampling and analysis, and quality
assurance/quality control procedures;
(iii) a detailed narrative explaining how the
facility will operate including provisions for the storage of waste oil
samples; the handling of water, sediments and sludges generated during
oil/water separation processes; the handling of run-off from the waste oil
handling areas of the facility; and operational procedures for segregating
specification from off-specification waste oil and waste oil from hazardous
waste.
(iv) a detailed plan for
monitoring facility operations;
(v)
a general inspection schedule for the facility;
(vi) security procedures and
equipment.
(d) A Spill
Prevention Control and Countermeasures Plan which includes a description of the
storage facility, waste oil handling procedures, spill prevention measures,
emergency spill and cleanup procedures, and an inspection maintenance
program.
(e) Personnel training
program designed to insure that safety personnel are able to respond
effectively to emergencies and mitigate potential adverse impacts related to
spills.
(f) A closure plan: The
owner or operator of the facility must submit a closure plan which demonstrates
that the facility will be closed in a manner that will protect public health,
safety and the environment and will minimize the need for further
maintenance.
(g) Cost estimate for
closure: The owner or operator of the facility must prepare a written estimate
in current dollars of the cost of closing the facility in accordance with the
closure plan.
(h) Such other
information as may be required to demonstrate that the facility has been
designed, will be established or altered and will operate in accordance with
the standards set forth in this rule.
C. Insurance Requirements
(1) The owner or operator must submit with
his application, and annually thereafter, proof of liability insurance for the
facility for sudden and accidental occurrences. The level of coverage must be
at least one million dollars per occurrence and two million dollars annual
aggregate.
(2) The Board may
require a higher minimum level of insurance coverage for a particular facility
if it finds that, because of the design, operation or location of the facility,
the coverage stated in Section 11C(1) will not be sufficient to protect the
public health, safety and welfare or the environment.
(3) All liability insurance coverage amounts
must be exclusive of legal defense costs.
(4) A financial test may not be used in lieu
of liability insurance nor may an owner or operator self-insure.
D. Application Fee
(1) At the time of filing, the applicant must
remit an application fee of $2,500 made payable to the Maine Hazardous Waste
Fund.
(2) Application fees are
required for the initial application and for any renewal application involving
a substantial modification to a facility or license.
(3) A refund of fifty (50) percent of the fee
shall be made to an applicant who withdraws his application within thirty (30)
calendar days of its submission.
E. Annual Fee: Storage Facility. The licensee must remit an annual fee of $500 upon the issuance of his license and an each anniversary date thereafter. The fee must be in the form of a check or money order made payable to the Maine Hazardous Waste Fund and mailed to:
Department of Environmental Protection
Maine Hazardous Waste Fund
State Rouse Station #17
Augusta, ME 04333
F. Application for Renewal
(1) An application for renewal of a license
shall be filed with the Department no earlier than two hundred ten (210) days
and no later than one hundred eighty (180) days prior to expiration of the
existing license, unless a different time is established in the license or by
the Department.
(2) A renewal
application must include any updated, supplemental or new information which the
Board may require for a proper review of the application and must be signed by
the appropriate authority as defined in Section 11A(10) of this rule.
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.
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