It is the purpose of the Department of Environmental Protection (Department), consistent with legislative policy, to provide effective controls for the management of hazardous waste. This Chapter provides one such control by requiring that transporters of hazardous waste be licensed and by requiring, through licensing, that transporters comply with standards intended to protect the health, safety and welfare of the public and the environment.
Portions of this Chapter refer to federal regulations of the United States Environmental Protection Agency (EPA). Unless otherwise specified, the federal regulations referenced are those final regulations as amended up to July 1, 2019, as they appeared in volume 40 of the Code of Federal Regulations (C.F.R.) and are hereby incorporated by reference. Where specifically stated, the terms of a referenced federal regulation are hereby incorporated as terms of this Chapter, except that in regulations incorporated thereby, "EPA" shall mean "the Maine Department of Environmental Protection"; "Administrator", "Regional Administrator" and "Director" shall mean the Maine Board of Environmental Protection, the Commissioner of the Department of Environmental Protection or the Commissioner's designated representative, as applicable, and the references to terms or phrases including "treat", "store", or "dispose" shall mean "handle". In addition, where the terms of federal regulations hereby incorporated by reference differ from or are inconsistent with other terms of this Chapter or 06-096 C.M.R. chs. 850 - 860, the more stringent of the requirements shall apply. Other changes to regulations incorporated hereby are as expressly made in this Chapter.
NOTE: Other requirements for transporters appear in other rules of the Board dealing with specific aspects of Hazardous Waste Management. See, for example, Hazardous Waste Manifest Requirements, 06-096 C.M.R. ch. 857, the provisions of which are separately effective and enforceable, independent of this Chapter.
06-096 C.M.R. ch. 853, § 2