Section 096-860-12 - Waste Oil Storage Facility LicenseA. Decisions(1) In accordance with the statutory and regulatory requirements for the processing of applications, the Board shall within a reasonable period of time after the acceptance of an application order a public hearing on the application or propose to: (a) Approve the application with standard conditions only and set forth, in writing, its findings that the applicable statutory and regulatory criteria are met with a sufficient explanation to make interested persons aware of the basis for the approval;(b) Approve the application, subject to standard and special conditions and set forth, in writing, its findings that the applicable statutory and regulatory criteria are met with a sufficient explanation to make interested persons aware of the basis for the approval; or(c) Deny the application and set forth, in writing, its findings with a sufficient explanation to make interested persons aware of the basis for disapproval. If a public hearing on the application is held, the Board shall propose a decision under (1), (2) or (3) above within a reasonable time after the conclusion of the hearing.
(2) In determining whether issuance of the license will cause or contribute to a violation of law or rule. the Board may consider any prior violation, suspension or revocation of any license issued to the owner, operator or facility pursuant to this rule or of any other environmental license, permit, certification or other approval issued to the owner, operator or facility by this State or by a Federal agency. The Board may require the applicant to present evidence of changed conditions or circumstances sufficient, in the Board's judgment, to warrant issuance of the license notwithstanding any prior violation suspension or revocation.(3) If the application is complete, if the required findings can be made, and if issuance of a license will not cause or contribute to a violation of law or rule, the license shall be issued for a term specified by the Board, not to exceed 5 years.(4) A license for a substantial modification may be granted as an amendment to the existing license or as a new license, as the Board determines to be appropriate.B.Terms(1) The license may be modified, suspended or revoked by the Board for cause. The filing of a request by the licensee for a license modification does not stay any license condition.(2) Unless otherwise provided in the approval, the applicant shall not sell, lease, assign or otherwise transfer the facility or any portion thereof without prior written approval of the Board where the purpose or consequence of the transfer is to transfer any of the obligations of the licensee as incorporated in this approval. Such approval shall be granted only if the applicant or transferee demonstrates to the Board that the transferee has, the technical capacity, financial ability, and is otherwise able to comply with all conditions of this approval and the proposals and plans contained in the application and supporting documents submitted by the applicant.(3) A waste oil storage facility may be inspected at any time for compliance with the terms of its license, any special conditions attached to the license, and the standard conditions set forth in Section 12C of this rule.C.Standard Conditions. All facility licenses issued under this rule are subject to the following standard conditions: (1) The licensee shall not operate, construct or maintain a waste oil storage facility other than as described in the application approved by the Board.(2) Relation of License to Application. A license issued under this rule is valid only as long as the information supplied in the application remains accurate. Approval of an application is dependent upon and limited to the proposals and plans contained in the application and supporting documents submitted and affirmed by the applicant. Any variation from the plans, proposals and supporting documents is subject to the review and approval of the Board prior to implementation.(3) Duty to Comply. The licensee shall comply with all conditions of the license. Noncompliance with any condition constitutes a violation of law and is grounds for enforcement action, for license suspension or revocation, or for denial of any renewal application.(4) Liability Insurance. A licensee shall have liability insurance coverage in force at all times. The coverage shall be appropriate for the licensed activity and for the risk involved.(5) Local, State and Federal Permits. A licensee shall hold all other local, state and federal permits, licenses and certifications required for the licensed activity and shall comply with all applicable local, state and federal laws and rules.(6) Duty to Provide Information. The licensee shall furnish to the Commissioner, upon request, any information which the Commissioner may require to determine compliance with the terms and conditions of the license. The licensee shall also furnish to the Commissioner, upon request, copies of records required to be kept by the licensee and not otherwise required to be filed with the Department.(7) Recordkeeping. The licensee shall comply with all applicable state and federal requirements regarding the use of a manifest or log and the maintenance of other required records.(8) Prohibition Against Mixing. The licensee shall not mix any hazardous waste with waste oil.(9) Duty to Ensure Safe Operation. It is the duty of a licensee to ensure that his licensed activity is carried out in safety and does not create a threat to public health or safety or the environment. A licensee shall ensure that all of his methods, equipment and personnel are adequate and capable to this end.(10) Inspection and Training Requirements. The licensee shall comply with all state and federal inspection and training requirements as may from time to time be applied by law, rule or license condition to the licensed activity.(11) Response to an Emergency. A licensee agrees to provide to the Department and to public safety agencies all information necessary for response to emergency situations involving the licensed activity and agrees that he will assist the Department in obtaining compliance with this rule.(12) Discharge of Waste Oil. In the event of a discharge of waste oil in any amount, the licensee shall take immediate action to protect public health, safety and welfare and the environment and shall immediately report the discharge to the Maine Department of Environmental Protection in accordance with 38 M.R.S.A. Section541et seq. and the terms and conditions of the facility license.(13) Duty to Mitigate. The licensee shall take all reasonable steps to minimize or correct any adverse impact on the environment resulting from noncompliance with this license.(14) Duty to Reapply. If the licensee wishes to continue an activity regulated by the license after the expiration date of the license, the licensee shall apply for and obtain a new license.(15) Prior to Construction. All preconstruction terms and conditions must be met before construction begins.(16) Construction/Operation within Two Years. If the construction or operation of the activity is not begun within two years, the approval shall lapse and the applicant shall reapply to the Board for a new approval. The applicant may not begin construction or operation of the development until new approval is granted. Reapplications for approval shall state the reasons why the development was not begun within two years from the granting of the initial approval and the reasons why the applicant will be able to begin the activity within two years from the granting of a new approval, if granted. Reapplications for approval may include information submitted in the initial application by reference.(17) Bid Specifications. A copy of this approval must be included in or attached to all contract bid specifications for the development.(18) Contractor Copy. Work done by a contractor pursuant to this approval shall not begin before the contractor has been given a copy of the license by the licensee.(19) Disclosure. The licensee shall prominently disclose on the sales invoice at the time of sale that the product being sold is derived wholly or in part from waste oil.D.Special Conditions. The Board may place special terms and conditions, including compliance schedules, on any license issued under this rule. However, terms and conditions shall address themselves to specifying particular means of satisfying minor or easily corrected problems, or both, relating to compliance with this rule and with all applicable statutes and shall not substitute for or reduce the burden of proof on the applicant to affirmatively demonstrate to the Board that each of the applicable standards has been met. A compliance schedule shall require compliance as soon as possible but shall not be for a period of time longer than two (2) years. A schedule that exceeds 1 year from the date of issuance shall set forth interim requirements and the dates for their achievement.E.Suspension or Revocation(1) The Board may seek suspension or revocation of a license for any of the following reasons: (a) a violation of any applicable law or rule;(b) a violation of the license or any term or condition of the license;(c) the suspension or revocation of any other license, permit, certification or approval for the handling of waste oil issued to the licensee by this State or any political subdivision thereof or by any other state or federal agency.(2) The Board may seek revocation of a license which is again suspended within eighteen (18) months of its prior suspension or revocation.(3) A licensee whose license has been revoked may not reapply for a license within one calendar year from the effective date of the revocation.06- 096 C.M.R. ch. 860, § 12