Section 096-853-11 - Universal Waste Transporter RequirementsA. A transporter shall not mix universal wastes of different DOT shipping descriptions by placing them into a single container.B. A transporter shall not remove universal waste from the container in which it was placed once it is moved from the site of generation until it is accepted at the central accumulation facility or destination facility, unless specifically authorized to do so by the Commissioner.C. A transporter shall not transport universal waste in any manner which could endanger public health, safety or welfare or the environment,D. A transporter shall not transport foodstuffs for human or animal consumption in a conveyance in which universal waste has been or is being transported if the foodstuffs might come in contact with the universal waste. NOTE: The Department discourages the transport of foodstuffs in the same conveyance with universal wastes.
E. A transporter shall not transport universal waste to a waste facility other than a facility for universal waste which is authorized to handle the waste under a State program, and if applicable the federal hazardous waste regulatory program, and which is one of the types of facilities referenced in 06-096 C.M.R. ch. 858, § 5(B).F. A conveyance in which universal waste is transported may be inspected at any time for compliance with the applicable standards set forth in these rules and for adequacy for safe transportation of universal waste. 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 Chapter or otherwise unsafe must not thereafter be operated except under the direction of a public safety officer or an authorized representative of the Department, or until corrective actions are taken to correct the problem to the Department's satisfaction.G. A transporter shall hold all other local, state and federal permits, licenses and certifications as are necessary for the universal waste activity as they relate to business conducted in Maine, and shall comply with all state and federal law and rules applicable to its license activity.H. A transporter shall have in force at all times liability insurance coverage with limitation of liability appropriate for the transporting of universal waste and the risk involved, but in no case less than $1,000,000 annual aggregate on coverage. Municipalities, state and federal governments, and small universal waste generators are exempt from the liability insurance requirement.I. A transporter shall comply with all applicable state and federal requirements regarding the use of a manifest, bill of lading, or when applicable log for transportation of universal waste.J. A transporter shall comply with all state and federal inspection and training requirements as may from time to time be applied by law or rule to its license activity.K. A transporter shall have a plan for the types of wastes transported and be capable of carrying out the plan, for the clean up of discharges of universal waste. The plan must include the requirements of 06-096 C.M.R. ch. 858, §§ 7(G) and 7(H) as well as the emergency telephone number for reporting spills to the Maine Department of Public Safety (State Police). The conveyance operator shall be familiar with the clean up plan and the types of wastes being carried on the vehicle, shall be capable of carrying out the plan, and shall have a copy of the clean up plan in his/her possession. The transporter shall provide to the Department and to public safety agencies all information necessary for response to emergency situations involving universal waste activity. In the event of a discharge of universal waste during transportation which releases universal wastes from the primary container, the transporter shall implement its clean-up plan taking immediate appropriate action to protect public health and safety and the environment and shall immediately report the discharge to the Maine Department of Public Safety by calling, 1-800-452-4664, or (207) 624-7076 and comply with the provisions of 06-096 C.M.R. ch. 857, § 8(J) of the Department's rules. NOTE: The Department will make available for small universal waste generators a generic clean up plan.
L. A transporter shall not accept for transport or transport universal wastes which are unlabeled or which are in damaged, bulging, leaking, unsuitable or otherwise unsafe containers, nor accept for transport or transport any wastes which are incompatible with each other such that a danger to public health or safety or the environment could result from their being transported together.M. It is the duty of the transporter to ensure that the transportation be carried out in safety and without creating or threatening danger to public health or safety.N. The transporter shall assist the Department in obtaining compliance with this Chapter.O. A transporter shall comply with the export and import requirements of 06-096 C.M.R. ch. 857, and with 40 C.F.R. Part 262 Subpart H and 40 C.F.R. §§263.20(a)(2) and 263.20(g). NOTE: Transporters may only send universal wastes to a recycling facility, a consolidation facility, or a central accumulation facility for universal wastes, except for ballasts and the residues from mercury spill kits which may go to a properly approved treatment, storage or disposal facility.
P. A transporter shall be considered a generator of universal waste and shall comply with the requirements of 06-096 C.M.R. ch. 851 if the transporter transports universal waste into or through the State of Maine from a foreign country.Q. A transporter shall comply with all applicable U.S. Department of Transportation (DOT) regulations in 49 C.F.R. Parts 171 through 180 for the transport of any universal wastes that meets the definition of hazardous materials in 49 C.F.R. §171.8. Some universal waste materials are regulated by the DOT as hazardous materials because they meet the criteria for one or more hazard classes specified in 49 C.F.R. §173.2. When using the Recyclable Hazardous Materials Uniform Bill of Lading, the universal wastes may not be described by the DOT proper shipping name "hazardous waste, (l) or (s), n.o.s.", nor may the hazardous material's proper shipping name be modified by adding the word "waste". NOTE: The label placed on a universal waste container by a generator can use the word "waste". It is the shipping document that cannot use the word "waste". Use of the term "waste" on a generator's label means that the material is regulated as a universal waste by the State of Maine, but does not mean that it is necessarily regulated by DOT as a hazardous material. Whether or not any particular material is regulated by DOT as a hazardous material is determined in accordance with the DOT regulations and should be set forth on the shipping document.
NOTE: In 2008, the Department approved an alternative form entitled "Maine Recyclable Material Uniform Bill of Lading." For shipments of universal wastes, this form should be used in place of the previously-approved "Recyclable Hazardous Material Uniform Bill of Lading". The Maine Recyclable Material Uniform Bill of Lading form, with removal of the word "Hazardous" from its title, is approved for documenting shipments of Maine universal wastes which are not DOT regulated hazardous materials, as well as universal wastes that are hazardous materials.
06-096 C.M.R. ch. 853, § 11