06-096-851 Me. Code R. § 3

Current through 2024-51, December 18, 2024

Section 096-851-3 - Definitions

A.Board. "Board" means Board of Environmental Protection.

B.Department. "Department" has the same meaning as in the Rule Concerning the Processing of Applications and Other Administrative Matters, 06-096 C.M.R. ch. 2.

NOTE: As used in this Chapter, "Department" may refer to either the "Board" or the "Commissioner". Under certain circumstances, Maine statutes require that the Board, rather than the Commissioner, perform duties that may be described or referenced in the Hazardous Waste Management Rules, 06-096 C.M.R. chs. 850 - 858r (e.g., licensing of commercial hazardous waste facilities pursuant to 38 M.R.S. §1319- R; licensing of projects of "statewide significance" pursuant to 38 M.R.S. §341- D).

C.Generator. "Generator" means a person whose act or process produces a waste which is or may be hazardous or whose act first causes a hazardous waste to become subject to regulation.

(1)Large Quantity Generator. "Large Quantity Generator" means a generator that does any one of the following:

(a) Generates 100 kilograms (approximately 27 gallons) or more of hazardous waste per calendar month;

(b) Generates in a calendar month acute hazardous wastes in quantities greater than those set forth in 06-096 C.M.R. ch. 850, §3(A)(5)(c);

(c) Accumulates more than 600 kilograms (approximately 165 gallons) of hazardous waste at any one time; or

(d) Accumulates at any one time acute hazardous wastes in quantities greater than those set forth in 06-096 C.M.R. ch. 850, §3(A)(5)(c).

(2)Small Quantity Generator. "Small Quantity Generator" means a generator that does all of the following:

(a) Generates less than 100 kilograms (approximately 27 gallons) of hazardous waste per calendar month;

(b) Accumulates a total of no more than 55 gallons (approximately 200 kilograms) of hazardous waste at any one time; and

(c) Generates in a calendar month acute hazardous wastes in quantities no more than those set forth in 06-096 C.M.R. ch. 850, §3(A)(5)(c) and accumulates at any one time acute hazardous wastes in quantities no more than those set forth in 06-096 C.M.R. ch. 850, §3(A)(5)(c).

(3)Small Quantity Generator Plus. "Small Quantity Generator Plus" means a generator that does all of the following:

(a) Generates less than 100 kilograms (approximately 27 gallons) of hazardous waste per calendar month;

(b) Accumulates over 55 gallons (approximately 200 kilograms), but no more than 600 kilograms (approximately 165 gallons) of hazardous waste at any one time; and

D.Handle. "Handle" means to store, transfer, collect, separate, salvage, process, reduce, recover, incinerate, treat or dispose of.

E.Site. "Site" means the same or geographically contiguous property which may be divided by a public or private right-of-way, provided that the entrance and exit between the properties is at a crossroads intersection and access is by crossing as opposed to going along the right-of-way. Noncontiguous properties owned by the same person but connected by a right-of-way which the person controls and to which the public does not have access is also considered site property.

F.Waste. "Waste" means any useless, unwanted or discarded substance or material, whether or not such substance or material has any other or future use and includes any substance or material that is spilled, leaked, pumped, poured, emitted, disposed, emptied, or dumped onto the land or into the water or ambient air. "Hazardous wastes" are those wastes as defined and identified in Identification of Hazardous Wastes, 06-096 C.M.R. ch. 850.

G.Double Walled Tank. "Double Walled Tank" means a tank that is enclosed within a second outer wall and that includes secondary containment or a leak detection system that allows for only minimal discharges during leakage for tank piping. An automatic leak detection system monitors the cavity between the inner and outer walls of the double walled tank.

06-096 C.M.R. ch. 851, § 3