Section 096-854-6 - General StandardsA. The standards set forth in this section are applicable to all waste facilities for hazardous waste, except as specifically provided otherwise in this Chapter or in 06-096 C.M.R. ch. 856. An applicant for a license must demonstrate in the application that the facility has been designed, will be established, constructed or altered and will operate in compliance with these standards. A licensee must operate the facility so as to comply with these standards.B. The plans, specifications, descriptions and other documentation submitted by the applicant in support of the application and approved by the Board in issuing the license constitute terms of the license which must be complied with by the licensee. These plans, specifications, descriptions and other documentation include, without limitation, those required by 06-096 C.M.R. ch. 856, § 10 and this Chapter.C. The facility must be established, constructed, altered and operated in compliance with the following requirements: (2) 40 C.F.R. §264.12, Required Notices, except that the phrase "of this Part and Part 270 of this chapter" in 40 C.F.R. §264.12(c) shall mean "of this Chapter and 06-096 C.M.R. ch. 856";(3) 40 C.F.R. §264.13, General Waste Analysis, except that all references to 40 C.F.R. Part 268 or sections or subparts thereof shall mean 06-096 C.M.R. ch. 852, all references to "this part" shall mean this Chapter, the phrase "Part 270 and Part 124 of this chapter" found in 40 C.F.R. §264.113(d) when referenced in 40 C.F.R. §264.13(a)(1) shall mean 06-096 C.M.R. ch. 856, all references to Part 261 shall mean 06-096 C.M.R. ch. 850, the references to 40 C.F.R. §§264.17, 264.314, 264.341, 264.1034(d), 264.1063(d), 264.1083 shall mean this Chapter and the reference to 40 C.F.R. §268.7 shall mean 06-096 C.M.R. ch. 852, and the reference to 40 C.F.R. §260.22 in 40 C.F.R. §264.13(b)(7) (iii) shall mean 06-096 C.M.R. ch. 850;(4) 40 C.F.R. §264.14, Security;(5) The daily inspection requirements of 06-096 C.M.R. ch. 856, § 10(B)(3) and General Inspection Requirements of 40 C.F.R. §§264.15(a), 264.15(b)(1) -(4), 264.15(c) and 264.15(d), except that any references to sections of 40 C.F.R. Part 264 shall mean this Chapter;(6) 40 C.F.R. §264.16, Personnel Training. In addition, the training program must be approved by the Department prior to operation of the facility;(7) 40 C.F.R. §264.19, Construction quality assurance program, as applicable to all surface impoundments, waste piles, and landfill units, except that references to provisions of Part 264 mean analogous provisions of this Chapter and references to Part 270 shall mean Chapter 856.(8) 40 C.F.R. §§264.17, 264.31-264.37, Preparedness and Prevention, except that references to 40 C.F.R. §264.13 shall mean Section 6(C)(3) of this Chapter. In addition, the precautions required to be taken by 40 C.F.R. §264.17 must meet applicable requirements of codes, standards and rules of the Department of Public Safety (State Fire Marshal's Office); the aid agreements required by 40 C.F.R. §264.37 must be in writing, on file with each party to the agreement and with the Department, readily accessible to facility personnel, and reviewed and updated annually; and the facility owner or operator shall provide copies of the agreement to all parties thereto and shall file a copy with the Department prior to the commencement of operation of the facility and upon each update of the agreement;(9) 40 C.F.R. §§264.51-264.56, Contingency Plan and Emergency Procedures, except that the reference in 40 C.F.R. §264.52(b) to "Part 112 of this chapter" shall read "Part 112 of EPA regulations"; NOTE: Applicable facilities must also comply with 06-096 C.M.R. ch. 856, § 13(A)(14).
(10) The owner or operator must keep a written record at the facility. The following information must be recorded, as it becomes available, and maintained in the operating record as required in 40 C.F.R. §264.73 and Appendix I to 40 C.F.R. Part 264: (a) A description and the quantity of each hazardous waste received, and the method(s) and date(s) of its treatment, storage, or disposal at the facility as required by Appendix I to 40 C.F.R. Part 264, except that references to 40 C.F.R. §264.73 shall mean Section 6(C)(10) of this Chapter, and references to Part 261 or sections or subparts thereof shall mean 06-096 C.M.R. ch. 850;(b) The information specified in 40 C.F.R. §264.73(b)(2) -(19), except that all references to Part 264 or subparts or sections thereof shall mean the applicable provisions of this Chapter and all references to Part 268 or subparts or sections thereof shall mean the applicable provisions of 06-096 C.M.R. ch. 852;(11) 40 C.F.R. §264.74, Availability, Retention, and Disposition of Records, except that the reference to 40 C.F.R. §264.73(b)(2) shall mean Section 6(C)(10)(b) of this Chapter;(12) 40 C.F.R. §264.75, Annual Report, except that references to sections within 40 C.F.R. Part 264 shall mean this Chapter, other comparable forms may be required by the Department, and the report must be prepared and submitted annually no later than March 1st for the preceding calendar year;(13) 40 C.F.R. §264.76, Unmanifested Waste Report, except that the reference to 40 C.F.R. §263.20(e) shall mean Hazardous Waste Manifest Requirements, 06-096 C.M.R. ch. 857, § 8(B) and the phrase "if the waste is not excluded from the manifest requirement by this chapter" is deleted;(14) In addition to submitting annual reports and unmanifested waste reports as specified in Sections 6(C)(12) and 6(C)(13) of this Chapter, the owner/operator must comply with 40 C.F.R. §264.77 and report to the Department any releases, fires, and explosions as specified in Section 6(C)(9) of this Chapter, and report to the Department any facility closures and other information as required by this Chapter or deemed necessary by the Department for effective management of wastes, including reports concerning quantities and handling of hazardous waste;(15) 06-096 C.M.R. ch. 857 Manifest Requirements; and all applicable requirements of transboundary movement of hazardous waste in accordance with 40 C.F.R. §262 Subpart H;(16) 40 C.F.R. §§264.111-264.115, closure for all facilities, and 40 C.F.R. §§264.116-264.120 post-closure requirements for all disposal facilities, and waste piles, surface impoundments, and tanks closing as landfills, except that: (a) References to other sections or subparts of 40 C.F.R. Part 264 shall mean this Chapter;(b) References to 40 C.F.R. Part 270 or Part 124, or sections or subparts thereof, shall mean 06-096 C.M.R. ch. 856;(c) References to 40 C.F.R. Part 262 shall mean 06-096 C.M.R. ch. 851;(d) 40 C.F.R. §§264.112(b)(8), 264.112(c)(2) (iv), 264.112(e), 264.118(b)(4) and 264.118(d)(2)(iv) shall be deleted;(e) Certification of closure of any unit (not just land disposal units as provided in 40 C.F.R. §264.115) used to handle hazardous wastes is required within 60 days of completion of closure; and(f) The notification of closure required by 40 C.F.R. §264.112(d) must be provided at least 180 days prior to the date on which closure is expected to begin.(17) The financial requirements of 40 C.F.R. §§264.141-264.143 and 264.147-264.151 for all facilities, and 40 C.F.R. §264.144-264.146 for all facilities subject to post-closure requirements, except that: (a) References to other sections or subparts of 40 C.F.R. Part 264 shall mean this Chapter.(b) References to sections or subparts of 40 C.F.R. Part 265 shall mean 06-096 C.M.R. ch. 855.(c) References to section 3008 of RCRA shall mean applicable Board or Department procedures.(d) References to sections or subparts of 40 C.F.R. Parts 124 or 270 shall mean 06-096 C.M.R. ch. 856.(e) Liability coverage must not be demonstrated through a financial test or corporate guarantee, therefore 40 C.F.R. §§264.147(a)(2), 264.147(b)(2), 264.147(f), and 264.147(g); and 40 C.F.R. §§264.151(g) and (h)(2) are deleted and are not incorporated by reference; and combinations of coverage must not include the financial test or corporate guarantee.(f) When a financial test is selected as the method of providing closure or post-closure assurance, the applicant must include in the application the most current copy of Form 10K as filed with the Securities and Exchange Commission or equivalent financial information. A current copy of Form 10K or equivalent financial information must be submitted to the Department with the annual fee each year for the term of the license.(g) Any trust agreement must provide that the trustee is prohibited from investing trust funds in Commodities, Real Estate Investment Trusts (REITs), Corporate or Municipal Bonds which have not received the highest rating by Moody's Investment Service or Standard & Poor's, equity shares of firms which are not subject to regulation by the Securities and Exchange Commission, Foreign Currency speculation or in any other investment vehicle that is not consistent with the "Prudent Investor" concept as it would apply to assuring that funds are available for carrying out a future activity with vital public interest. The agreement must also provide that primary consideration in making investments must be given to prompt liquidity and face value of assets held in trust.(h) The owner or operator must pay into a closure or post-closure trust fund according to the following requirements:(i) The owner or operator shall deposit 25 percent of the sum required into the trust fund on the date the facility license is issued. The license is not effective until the deposit is made.(ii) The remaining 75 percent of the sum required, adjusted for inflation, must be deposited in the trust fund in equal installments on or prior to the anniversary of the date upon which the license was issued, in each remaining year of the term of the license. The license remains in effect only if each deposit is made. The obligation to make deposits ceases only upon an approved transfer of the license or upon full payment.(iii) After the last annual deposit to the trust fund, subsequent annual deposits to account for inflation must be made over the life of the facility. The license remains in effect only if these deposits are made. The obligation to make deposits ceases only upon an approved transfer of the license or upon accomplishment of closure.(iv) If the Department determines that the costs of closure or post-closure are increased, it may require the owner or operator to deposit additional funds into the trust fund by single deposit or according to a schedule. If according to a schedule, adjustment for inflation must be made for each deposit after the first. The license remains in effect only if the additional deposits are made. The obligation to make deposits ceases only upon an approved transfer of the license or full payment or upon accomplishment of closure or termination of the post-closure care period.(v) If a license is suspended or revoked, the Department may require deposits to be made according to Section 6(C)(17)(h)(i) through (iv) of this Chapter or may impose an accelerated schedule or may require immediate full payment, with adjustment for estimated inflation.(vi) When computing the annual inflation adjustment for closure or post-closure trust funds, the owner or operator must use the Implicit Price Deflator for Gross National Product as published by the Bureau of Economic Analysis (BEA) of the U.S. Department of Commerce. NOTE: Example Computation:
2020(Q1) Implicit Price Deflator 113.375
2019(Q1) Implicit Price Deflator 111.388
113.375/111.388 = 1.018 Adjustment Factor
Assuming that the initial closure cost estimate, prepared in 2019, was $250,000, then $250,000 x 1.018 = $254,500 (new adjusted closure cost requirement). The licensee would then be required to adjust the monetary value of the funding instrument to reflect the new adjusted monetary amount, or portion thereof. The Implicit Price Deflator values used in this example are based on an index number in which year 2012 = 100. BEA periodically updates the index year.
(i) The owner or operator must submit with the application and must submit annually thereafter proof of liability insurance for the facility for sudden and accidental occurrences. Coverage must be provided during active life and closure and, where wastes will remain on the facility property after closure, during the post-closure period. The level of coverage must be at least one million dollars per occurrence and two million dollars annual aggregate, unless because of a greater risk a higher minimum is required by the Board for a particular facility. NOTE: The liability insurance requirements (40 C.F.R. §264.147) are in addition to the financial assurance requirements for closure (40 C.F.R. §264.143) and post-closure (40 C.F.R. §§264.145).
(j) The owner or operator of a facility that utilizes a landfill, land treatment, surface impoundment or underground storage in tanks to handle hazardous waste or of a facility where hazardous waste will or is likely to remain on the facility property after closure must submit with the application and must submit annually thereafter proof of liability insurance for the facility for non-sudden and accidental occurrences. Coverage must be provided during active life and for so long as any waste remains on the facility property but for no longer than the post-closure period. The level of coverage must be at least three million dollars per occurrence and six million dollars annual aggregate, unless because of a greater risk a higher minimum is required by the Board for a particular facility.(k) Wording of liability insurance endorsements must be identical to the wording contained in 40 C.F.R. §264.151(i) except that subparagraph 2(b) of the endorsement must read: "The Insurer is liable for the payment of amounts within any deductible applicable to the policy, with a right of reimbursement by the insured for any such payment made by the Insurer."(l) All liability insurance coverage amounts must be exclusive of legal defense costs.(m) A financial test may not be utilized in lieu of liability insurance nor may an owner or operator self-insure. If liability insurance is unavailable, a $2,000,000 letter of credit drawn on a reputable bank, the terms of which the Department must approve, may be utilized in lieu of liability insurance for sudden and accidental occurrences.(n) If a liability insurance policy is written as a "claims made" policy, an endorsement must provide for a discovery period of at least twelve (12) months beyond the date of expiration or cancellation of the policy. The endorsement must also provide that the underwriter will notify the public according to the requirements below: (i) At least sixty (60) days prior to the date upon which the policy will expire or be canceled, give written notification to all owners of property abutting the facility and to the chief elected official in the municipality in which the facility is located and in each of the municipalities immediately abutting the municipality in which the facility is located, that insurance for the facility will expire or be canceled, giving date of expiration or cancellation, and that claims against the insured must be filed within twelve (12) months from the date of expiration or cancellation, specifying where and how claims can be filed;(ii) During the first, third, sixth and ninth month subsequent to the date of expiration or cancellation, place in each of the State's major newspapers (Portland Press Herald, Bangor Daily News, Lewiston Sun, Kennebec Journal, and Waterville Sentinel) and in all local newspapers published or widely distributed in the municipality where the facility is located an advertisement designed to attract notice and containing the information specified in (i) above. (18) 06-096 C.M.R. ch. 851, §§ 8(A) and 8(B), Pre-Transport Requirements.(19) 40 C.F.R. §264.101, Corrective Action for Solid Waste Management Units.(20) Applicable air emission standards of 40 C.F.R. Part 264, Subparts AA, BB, and CC and all other requirements of this Chapter. NOTE: If any standard of 40 C.F.R. Part 264, Subparts AA, BB, and CC conflicts with any requirement of this Chapter, including the "Additional Standards Applicable to Hazardous Waste Incinerators" in Section 13 of this Chapter, then the facility must comply with the more stringent requirement.
(21) When environmental investigation or monitoring data, or reports interpreting environmental investigation or monitoring data, are submitted to the Department, the submittal must be accompanied by one or more electronic Environmental Data Deliverables (EDDs) containing all data in formats specified by the Department in accordance with Maine's Uniform Electronic Transaction Act, 10 M.R.S. §9418(2)(A). This applies to data for all environmental media and waste materials. The data includes but is not limited to laboratory analytical data, field analytical data and monitoring parameters, water level and water flow data. D. No person shall own or operate a waste facility for hazardous waste without having obtained a hazardous waste facility identification number specific to the site. The identification number must be comprised of the identification number assigned to the facility by the U.S. Environmental Protection Agency (EPA) or the Department, including any state-specific identifying number or letter as may be assigned by the Department. NOTE: An owner or operator must apply to EPA for an identification number in accordance with the EPA notification procedures of 40 C.F.R. §264.11.
E. An applicant must demonstrate in the application sufficient financial capacity, including projections of utilization of the facility by hazardous waste generators, to construct, operate and maintain all aspects of the facility in accordance with requirements of statute and rules. A licensee must maintain sufficient financial capacity for the term of the license, including any renewal license, and at the time of renewal must demonstrate sufficient current financial capacity including current projections of utilization of the facility during the renewal term.F. For a facility at which hazardous waste will be disposed, the applicant must demonstrate that the volume of waste and the risks related to its handling will have been reduced to the maximum practical extent. A licensee must operate the facility to meet this requirement during the term of the license, including renewal thereof, and at time of renewal must provide a current demonstration that the requirement is met.G. An application for a mobile treatment facility may consist of two phases: (1) The first consisting of general operational, structural features, and generic siting criteria.(2) The second consisting of site specific operating and siting features. 06-096 C.M.R. ch. 854, § 6