Section 096-900-13 - Licensing of TransportersA. ApplicabilityNo person may transport biomedical waste without first obtaining a biomedical waste transporter license from the Department unless:
(1) exempted pursuant to Section 4, or(2) the biomedical waste is moved in the site where it is generated or in the site of a license transfer or treatment facility.B.Application Requirements(1) Application for a biomedical waste transporter license must be made on a form obtained from the Department.(2) All persons transporting biomedical waste shall apply to the Department at least 30 days prior to the date they wish to begin transporting biomedical waste and must obtain a license prior to transporting.(3) A transporter may apply for a license to cover himself as an operator and all conveyances which he or she either owns or leases for the purpose of biomedical waste 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.(4) A transporter which is a business that engages in the transportation of biomedical waste 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 biomedical waste; 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. The requirements of this rule apply to the entire license and/or to the separate business locations and/or to the separate conveyances and/or to the separate operators covered by the license.(5) An applicant or licensee shall immediately notify the Department in writing of any change in circumstance or situation which changes or will change any information stated on his application.(6) The applicant must submit: (a) Evidence of an applicant's history of compliance with laws, regulations and standards relating to environmental protection. NOTE: For example, the Department will 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.
(b) Records pertaining to the operation of motor vehicles.(c) A certificate of liability insurance covering the licensed activity in an amount appropriate for the licensed activity and for the risk involved. In no event, however, may the limit of liability be less than $1,000,000.(d) A spill plan for the cleanup of discharges of biomedical waste that the applicant proposes to transport and evidence of the capability to carry out the plan.(e) Any other information, including safety histories and training programs, which the Department deems to be necessary.(7) The application must be signed by: (a) A principal executive officer of at least the level of vice president, if the applicant is a corporation.(b) A general partner or a proprietor, if the applicant is a partnership or sole proprietorship.(c) A principal executive officer or ranking elected official, if the applicant is a municipal, state, federal or other public agency.(8) The application fee schedule follows: (a) An application fee of $100 must accompany each application for an initial or renewal license.(b) 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 or she must submit with the application an additional fee of $50 for each additional conveyance, operator or business location.(c) Application fees for additional conveyances, operators or business locations will 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.(d) Application fees are non-refundable.(9) Application for renewal of a license must be made no sooner than ninety (90) days and no later than 30 days prior to the date of its expiration and will 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.C.DecisionsThe Department shall issue a biomedical waste transporter license whenever it finds that the applicant has satisfied all application requirements and has demonstrated the technical and financial ability to comply with the operating requirements and manifest and recordkeeping requirements of this section, all terms and conditions of the license, and all other requirements of this rule.
D.Terms(1) A license or renewal of a license granted under this rule 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 rule will also expire on the date the license expires.(2) A license under this rule 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 the licensee complies with any additional or different terms and conditions of the license necessitated by the changed information.(3) A license under this rule is issued only to and for the persons, conveyances, locations and activities specified in the license and is non-transferable. Operators who are no longer employed by the licensee and conveyances which are no longer owned, leased or otherwise controlled by the licensee are no longer covered by the license and must not be used to transport biomedical waste. Any certificate issued to such operators or conveyances must be returned to the Department within 10 calendar days of the date of change.(4) A conveyance used to transport biomedical waste may be inspected at any time for compliance with its license and these rules, and for adequacy for safe transportation of biomedical 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 rule or to be otherwise unsafe may not thereafter be operated except under the direction of a public safety officer or an authorized representative of the Department.E.Standard ConditionsAll transporter licenses issued under this rule are subject to the following standard conditions:
(1) Duty to Comply. The licensee shall comply with all conditions of the license and these rules. Noncompliance with the license or rule constitutes a violation and is grounds for enforcement action, for license suspension or revocation, or for denial of any renewal application.(2) Liability Insurance. A licensee shall have liability insurance coverage in force at all times during the term of the license. The coverage must be appropriate for the licensed activity and for the risk involved. Under no circumstance may the amount of liability insurance in force be less than $1,000,000.(3) 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.(4) Record Keeping. A licensee shall comply with all applicable state and federal requirements regarding the use of a manifest and the maintenance of other required records.(5) Duty to Ensure Safe Operation. It is the duty of a licensee to ensure that the licensed activity is carried out safely and does not create a threat to public health or safety or the environment. A licensee shall ensure that all methods, equipment and personnel are adequate and capable to achieve this end.(6) Inspection and Training Requirements. A 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.(7) 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 to assist the Department in obtaining compliance with this rule.(8) Spill Plan. The operator of a conveyance must be familiar with the spill plan for the conveyance and for the wastes in the conveyance which he or she is operating and shall be capable of carrying out the plan.(9) Discharge of Biomedical Waste. In the event of a discharge of biomedical waste in any amount, the licensee shall take immediate appropriate action to protect public health, safety and welfare and the environment, including immediate implementation of the approved spill plan, and shall immediately report the discharge to the Maine Department of Environmental Protection.(10) Duty to Mitigate. The licensee shall take all reasonable steps to minimize or correct any adverse impact on the environment resulting from noncompliance with the license.(11) Duty to Reapply. If the licensee wishes to continue an activity regulated by the license after the expiration date of the license, the licensee must apply for and obtain a new license.F. Special ConditionsThe Department may place special conditions on any license issued under this rule. However, special conditions must address particular means of satisfying minor or easily corrected problems relating to compliance with this rule and with all applicable statutes and may not substitute for or reduce the burden of proof on the applicant to affirmatively demonstrate to the Department that each of the applicable standards has been met.
G.Suspension or Revocation(1) The Department may seek suspension or revocation of a license pursuant to 38 M.R.S.A. Section341-D(3).(2) Suspension or revocation may be sought as to any or all operators, conveyances or locations covered by the license.(3) Where a license covers more than one operator and/or conveyance and/or location and if two or more operator, conveyance and/or location licenses covered thereunder are suspended within a calendar year, the Department may seek revocation of the entire license.(4) The Department shall seek revocation of any license which is again suspended within 18 months of its prior suspension or revocation.(5) A licensee whose license has been revoked may not reapply for a license until the conditions or violations which led to the revocation have been eliminated.06- 096 C.M.R. ch. 900, § 13