06- 096 C.M.R. ch. 860, § 8

Current through 2024-51, December 18, 2024

Section 096-860-8 - Transporter License Application Requirements

A.General Information

(1) Application for a transporter license shall be made on a form obtained from and filed with:

State of Maine

Department of Environmental Protection

Bureau of Remediation and Waste Management

State House Station #17

Augusta, Maine 04333

NOTE: Applicants are encouraged to contact the Bureau at (207) 287-2651 for assistance and information prior to filing an application.

(2) A transporter who is an operator of a conveyance may apply for a license to cover himself as an operator and all conveyances which he either owns or leases for the purpose of waste oil transport. Where such an application is made and a single license issued, a license certificate must be obtained from the Department for the operator and for each conveyance covered by the license.

(3) A transporter which is a business that engages in the transportation of waste oil may apply for a transporter license to cover all locations of the business; all conveyances owned, leased or otherwise controlled by the business and used for the transportation of waste oil; and all operators of such conveyances employed by the business.

Where such an application is made and a single license issued, a license certificate must be obtained from the Department for each business location, each conveyance and each operator covered by the license.

(4) An applicant or licensee shall immediately notify the Department of any change in circumstance or situation which changes or will change any information stated on his application. An oral notification shall be followed by written notification to the Department within ten (10) calendar days of the date of change.

B. Required Information. The application shall include, but not be limited to, the following information:

(1) Name, residence, business address, and telephone number of the applicant.

(2) Businesses shall include the name(s), addresses and telephone number(s) of the owner(s), operator(s), or person(s) in control of the business and the address and telephone number of each location of the business including major out-of-state locations and affiliates.

(3) Name, address and telephone number of persons authorized to act in an emergency.

(4) For each conveyance to be covered by a license:

(a) identification by year, make, type, serial number, registration number or other identifying number, letter or mark;

(b) capacity in appropriate units e.g., gallons, barrels, tons;

(c) locations at which ordinarily kept.

(5) For each operator to be covered by a license:

(a) name;

(b) license number, type of license and state of issuance of all operator's licenses held by the operator for any type of conveyances

(c) Certification by the applicant that each operator to be covered by a license is familiar with and will comply with the standard conditions set forth in Section 9C of this rule and with any special conditions which may be attached to the license.

(6) Evidence of the applicant's history of compliance with laws, regulations and standards relating to environmental protection.

NOTE: For example, the Department may require the applicant to provide a list of all environmental licenses or permits previously obtained by the applicant in this or any other State as well as information pertaining to the status of those licenses or permits or to any related enforcement actions.

(7) A certificate of liability insurance covering the licensed activity. (Refer to Section 8C for guidance.)

(8) Any other information, including safety histories and training programs, which the Commissioner deems to be necessary.

(9) Signature of the applicant or, for a business, signature of the person authorized to sign (owner, partner, president or vice-president).

C.Insurance Requirements

(1) The applicant shall provide with his application a certificate of liability insurance covering the licensed activity. In no event shall the limit of liability be less than $500,000. The Board may require a higher minimum, if it is deemed necessary, based upon the licensed activity and the risk involved.

(2) All liability insurance coverage amounts shall be exclusive of legal defense costs.

(3) A financial test may not be used in lieu of liability insurance nor may an owner or operator self-insure.

D.Application Fee

(1) An application fee of $100 shall accompany each application for an initial or renewal license.

(2) If an applicant is applying for a license to cover more than one conveyance and/or more than one operator and/or more than one business location, he shall submit with the application an additional fee of $50 for each additional conveyance, operator or business location.

(3) Application fees for additional conveyances, operators or business locations shall be reduced to $25 if the date of issuance of any license certificate is within six (6) months of the expiration date of the license.

(4) Application fees are non-refundable.

E.Application for Renewal. Application for renewal of a license shall be made no sooner than ninety (90) days and no later than thirty (30) days prior to the date of its expiration and shall be made on forms provided by the Department. A copy of a prior application may, at the discretion of the Department, be submitted as the renewal application provided there has been no change in the information included therein or required by this rule. The applicant shall accompany the copy with a recent certificate of insurance, and a letter, signed and dated by the applicant, that states there have been no changes.

06- 096 C.M.R. ch. 860, § 8