Code of Maine Rules
06 - DEPARTMENT OF ENVIRONMENTAL PROTECTION
096 - DEPARTMENT OF ENVIRONMENTAL PROTECTION - GENERAL
Chapter 860 - WASTE OIL MANAGEMENT RULES
Section 096-860-9 - Transporter License
Universal Citation: 06 ME Code Rules ยง 096-860-9
Current through 2024-38, September 18, 2024
A. Decisions
(1) If an application is
complete and the granting of the license will not cause or contribute to a
violation of law or rule, the Department may issue a license, with or without
special conditions.
(2) Prior
revocation of a license issued pursuant to this rule or of any other license,
permit, certification or other approval for the handling of waste oil issued by
this or any other state or by a federal agency shall constitute prima facie
evidence that issuance of a license under this rule would cause or contribute
to a violation of law or rule. The applicant may overcome such evidence if he
can present to the Department evidence of changed conditions or circumstances
which, in the Department's judgment, is sufficient to warrant a finding that
the license should be granted.
B. Terms
(1) A license under this rule is issued on
the basis of information supplied in the application and is valid only so long
as that information remains accurate. Where the Department has been notified of
a change in the information, the license remains valid notwithstanding the
change, so long as the licensee complies with any additional or different terms
and conditions of the license necessitated by the changed
information.
(2) A license under
this rule is issued only to and for the persons, conveyances, locations and
activities specified in the license and is non-transferable. Operators who are
no longer employed by the licensee and conveyances which are no longer owned,
leased or otherwise controlled by the licensee are no longer covered by the
license and shall not be used to transport waste oil. Any certificate issued to
such operators or conveyances shall be returned to the Department within ten
(10) calendar days of the date of change.
(3) A license or renewal of a license granted
under this rule is valid for one calendar year beginning with the date of
issuance. Business location license certificates, conveyance license
certificates and operator license certificates issued with the initial license
or added thereafter as provided by this rule shall also expire on the date the
license expires.
(4) The
transporter license certificate, or certified copy thereof obtained from the
Department, shall be available for inspection upon demand by any public safety
officer or any authorized representative of the Department.
(a) A certificate covering an operator must
be in his immediate possession while he is engaged in the transportation of
waste oil.
(b) A certificate
covering a conveyance must be with the conveyance while it is engaged in the
transportation of waste oil.
(c) A
certificate covering a business must be prominently displayed at each location
of the business.
(5) A
conveyance used to transport waste oil may be inspected at any time for
compliance with its license, any special conditions attached to that license,
and the standard conditions set forth in Section 9C of this rule. Inspection
may be made by a public safety officer or any authorized representative of the
Department. A conveyance found to be not in compliance with this rule or to be
otherwise unsafe shall not thereafter be operated except under the direction of
a public safety officer or an authorized representative of the
Department.
C. Standard Conditions. All transporter licenses issued under this rule are subject to the following standard conditions:
(1) Duty to Comply. The licensee shall comply
with all conditions of the license. Noncompliance with any condition
constitutes a violation of law and is grounds for enforcement action, for
license suspension or revocation, or for denial of any renewal
application.
(2) Liability
Insurance. A licensee shall have liability insurance coverage in force at all
times. The coverage shall be appropriate for the licensed activity and for the
risk involved.
(3) Local, State and
Federal Permits. A licensee shall hold all other local, state and federal
permits, licenses and certifications required for the licensed activity and
shall comply with all applicable local, state and federal laws and
rules.
(4) Recordkeeping. A
licensee shall comply with all applicable state and federal requirements
regarding the use of a manifest or log and the maintenance of other required
records.
(5) Prohibition Against
Mixing. The licensee shall not mix any hazardous waste with waste oil nor
accept for transport as waste oil any material which he knows to have been so
contaminated.
(6) Duty to Ensure
Safe Operation. It is the duty of a licensee to ensure that his licensed
activity is carried out in safety and does not create a threat to public health
or safety or the environment. A licensee shall ensure that all of his methods,
equipment and personnel are adequate and capable to this end.
(7) Inspection and Training Requirements. A
licensee shall comply with all state and federal inspection and training
requirements as may from time to time be applied by law, rule or license
condition to the licensed activity.
(8) Response to an Emergency. A licensee
agrees to provide to the Department and to public safety agencies all
information necessary for response to emergency situations involving the
licensed activity and agrees that he will assist the Department in obtaining
compliance with this rule.
(9)
Discharge of Waste Oil. In the event of a discharge of waste oil in any amount,
the licensee shall take immediate action to protect public health, safety and
welfare and the environment and shall immediately report the discharge to the
Maine Department of Environmental Protection in accordance with 38 M.R.S.A.
Section541et seq. and the terms and conditions of the
license.
(10) Duty to Mitigate. The
licensee shall take all reasonable steps to minimize or correct any adverse
impact on the environment resulting from noncompliance with the
license.
(11) Duty to Reapply. If
the licensee wishes to continue an activity regulated by the license after the
expiration date of the license, the licensee must apply for and obtain a new
license.
D. Suspension or Revocation
(1) The
Department may seek suspension or revocation of a license or license
certificate for any of the following reasons:
(a) a violation of any applicable law or
rule;
(b) a violation of the
license or any term or condition of the license; or
(c) the suspension or revocation of any other
license, permit, certification or approval for the handling of waste oil issued
to the licensee by this State or any political subdivision thereof or by any
other state or federal agency.
(2) Suspension or revocation may be sought as
to any or all operators, conveyances or locations covered by the license.
(a) Where a license covers more than one
operator and/or conveyance and/or location and if two or more license
suspensions of operators, conveyances and/or locations covered thereunder occur
within a calendar year, the Department shall seek revocation of the entire
license.
(3) The
Department shall seek revocation of any license which is suspended within 18
months of its prior suspension or revocation.
(4) A licensee whose license has been revoked
may not reapply for a license until the conditions or violations which led to
the revocation have been eliminated.
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