Section 096-853-4 - ProhibitionsA.No person shall:(1) Function as a transporter without a transporter license issued by the Department; NOTE: For certain PCB wastes, a transporter may be exempt from the requirement of being a licensed hazardous waste transporter. See Section 10 for PCB wastes.
NOTE: For universal wastes, a transporter may be exempt from the licensing requirements. See Section 11 of this Chapter for universal waste transporter requirements.
(2) Function as a transporter without a transporter identification number;(a) The identification number must be comprised of the identification number assigned to the transporter by the U.S. Environmental Protection Agency (EPA) or the Department, including any state-only identifying number or letter as may be assigned by the Department; NOTE: A transporter may obtain an EPA identification number by applying, using EPA Form 8700-12, to the:
Hazardous Waste Program
Maine DEP
17 State House Station
Augusta, ME 04333-0017
(3) Own, lease or otherwise control, or operate a conveyance in which hazardous waste is transported unless the conveyance is covered by a transporter license issued by the Department;(4) Give custody or possession of a hazardous waste to a transporter unless the transporter holds a transporter license issued by the Department;(5) Take or accept hazardous waste from a transporter unless the transporter holds a transporter license issued by the Department;(6) Mix hazardous wastes of different DOT shipping descriptions by placing them into a single container except at the site of generation prior to transport or at a facility specifically licensed for that activity;(7) Remove hazardous waste from the container in which it was placed once it has been manifested and moved from the site of generation until it is accepted at the destination facility unless specifically authorized to do so by the Commissioner.B. No person to whom a transporter license has been issued by the Department shall transport hazardous waste except in accordance with the license and the requirements of this Chapter.C. No person shall transport hazardous waste in any manner which could endanger public health, safety or welfare or the environment:(1) Failure to hold a transporter license as required by this Chapter is prima facie evidence of endangerment.(2) Possession of a transporter license issued by the Department under this Chapter shall not be a defense to a violation of this Chapter nor to any other violation of law or rule.D. No person shall transport foodstuffs for human or animal consumption in a conveyance in which hazardous waste has been or is being transported in bulk, nor in a conveyance in which hazardous waste has been or is being transported in containers if the foodstuffs might come in contact with hazardous waste.E. No person to whom a transporter license has been issued by the Department shall transport hazardous waste to a waste facility other than a facility for hazardous waste which is authorized to handle the waste under a State program, and if applicable, the federal hazardous waste regulatory program.F. No transporter shall transport universal waste to other than a central accumulation facility, a consolidation facility, an authorized recycling facility, or in the case of ballasts and the residues from mercury spill kits to an approved treatment or disposal facility that meets the criteria of Section 4(E).06-096 C.M.R. ch. 853, § 4