Section 096-853-7 - LicensesA. If an application is complete and the granting of the license will not cause or contribute to a violation of law or rule, and the applicant has not misrepresented any facts in its application, the Department may issue a license, with or without special conditions.B. A license under this Chapter 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 any additional or different terms and conditions of the license necessitated by the changed information are complied with.C. A license under this Chapter is issued only to and for persons, conveyances, locations and activities as specified in the license and is non-transferable.D. A license or renewal of a license granted under this Chapter 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 Chapter also expire on the date the license expires.E. A conveyance in which hazardous waste is transported may be inspected at any time for compliance with the standards set forth in Section 8 of this Chapter, for compliance with any special conditions attached to that license, and for adequacy for safe transportation of hazardous 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.F. The transporter license certificate, or certified copy thereof obtained from the Department, covering an operator of a conveyance in which hazardous waste is transported must be in the immediate possession of the operator when the operator is engaged in such activity and must be made available for inspection upon demand by any public safety officer or authorized representative of the Department. The transporter license certificate, or certified copy thereof obtained from the Department, covering such a conveyance must be with the conveyance when the conveyance is used in such activity and must be made available for inspection upon demand by any public safety officer or authorized representative of the Department. The transporter license certificate, or certified copy thereof obtained from the Department, covering a business must be prominently displayed at each location of the business.G. Any person may request a temporary emergency transporter license because of an emergency condition that requires that hazardous waste be transported within a time not permitting issuance of a regular license.(1) The written application or oral advice (followed by written application) must include the nature of the emergency condition, its expected duration, identify all types and quantities of hazardous waste to be transported, the origin, destination and route of transportation, the name of the operator, and the conveyance to be used for transporting the hazardous waste. Any oral advice must be followed by a written application within three (3) days of the oral advice. (2) If the oral advice or written application demonstrates, in the judgment of the Commissioner, that an emergency exists which poses an imminent and substantial endangerment to human health or safety or to the environment and which requires transportation of the hazardous waste and that such transportation will not itself create or threaten imminent and substantial endangerment to human health or safety or to the environment, the Commissioner may issue a temporary emergency transporter license. The license:(a) may be oral; if so, it may be followed within 5 days by a written emergency permit;(b) may be only for the duration of the emergency;(c) may describe the activity for which it is issued, to whom it is issued, and the operator and conveyance covered by it;(d) may incorporate to the extent possible and not inconsistent with the emergency situation all applicable requirements of this Chapter and 06-096 C.M.R. ch. 857; and(e) may be terminated by the Commissioner at any time. In addition, the transporter who transports or delivers hazardous waste under a temporary emergency transporter license shall file a written report with the Department giving such information as the Department may require within seven (7) days of transporting or delivering hazardous waste.
06-096 C.M.R. ch. 853, § 7