06-096-853 Me. Code R. § 8

Current through 2024-51, December 18, 2024
Section 096-853-8 - Standard Conditions

All licenses issued under this Chapter are subject to the following standard conditions:

A. A licensee shall hold all other local (as they relate to Maine business locations), state and federal permits, licenses and certifications as are necessary for the activity licensed hereunder, and shall comply with all state and federal law and rules applicable to the license activity.
B. A licensee shall have in force at all times liability insurance coverage with limitation of liability appropriate for the license activity and for the risk involved.
C. A licensee shall comply with all applicable state and federal requirements regarding the use of a manifest for transportation of hazardous wastes including the requirements of 06-096 C.M.R. ch. 857; and comply with 40 C.F.R. Part 262 Subpart H and 40 C.F.R. §§263.20(a)(2) and 263.20(g) regarding the transboundary movement of hazardous waste.
D. A licensee shall comply with all state and federal inspection and training requirements as may from time to time be applied by law or rule to the license activity.
E. In the event of a discharge of hazardous waste in any amount during transportation, the licensee shall take 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 (State Police) by calling 1-800-452-4664 or (207) 624-7076 and, where required, shall report as provided in 06-096 C.M.R. ch. 857, §§8(J)(3) -(6) of the Department's rules.
F. A licensee who is the owner or lessee of a licensed conveyance or the owner or operator of a licensed business shall have a plan for the cleanup of discharges of hazardous wastes which the licensee or the licensee's business transports and shall have the capability to carry out such a plan. The plan must include the emergency telephone numbers in Section 8(E) of this Chapter. The operator of a conveyance shall be familiar with the cleanup plan for the conveyance and for the wastes in the conveyance which the licensee is operating and shall be capable of carrying out the applicable parts of the plan. A copy of such plan must be in the possession of the operator of a conveyance during the transportation of hazardous waste.
G. A licensee shall not accept for transport or transport hazardous 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.
H. It is the duty of a licensee to ensure that the license activity be carried out in safety and without creating or threatening danger to public health or safety. A licensee shall ensure that all of the methods, equipment and personnel are adequate and capable to this end.
I. A licensee agrees to provide to the Department and to public safety agencies all information necessary for response to emergency situations involving license activity and to assist the Department in obtaining compliance with this Chapter.
J. A licensee shall be considered a generator of hazardous waste and shall comply with the requirements of 06-096 C.M.R. ch. 851 of the Hazardous Waste Management Rules if the licensee transports hazardous waste into or through the State of Maine from a foreign country.

06-096 C.M.R. ch. 853, § 8