Section 096-855-5 - Procedure for Obtaining an Interim LicenseA. The owner or operator of a hazardous waste facility which was in existence on April l, 1980 or is in existence on the effective date of statutory or regulatory changes that first render the facility subject to the requirement to have a license under 06-096 C.M.R. ch. 856, who intends to continue the operation of such facility, or the owner or operator of an interimly licensed facility that handles a newly listed hazardous waste, shall, using the form provided by the Department: NOTE: Any owner or operator that does not intend to continue the operation of such facility is still responsible for all closure and post closure requirements, as well as any generator standards.
(1) Notify the Department of Environmental Protection of its location; and(2) Provide the Department of Environmental Protection with a detailed description of the operation of the facility; and(3) Identify the hazardous waste(s) that the facility handles; and(4) Indicate an intent to file an application for a license (non-interim) for the facility for hazardous waste when rules and procedures related to such licenses are promulgated by the Board of Environmental Protection.B. The Board of Environmental Protection will issue an interim license for a waste facility for hazardous waste when it finds that:(1) The hazardous waste facility was in existence on April 1, 1980 or the waste facility is in existence on the effective date of statutory or regulatory changes that first render the facility subject to the requirement to have a license under 06-096 C.M.R. ch. 856;(2) The information required by Section 5(A) of this Chapter has been provided in full by the owner or operator of the waste facility for hazardous waste within 60 days of first becoming subject to the license requirements of 06-096 C.M.R. ch. 856;(3) The waste facility for hazardous waste is being operated and will be altered or operated only in accordance with rules adopted by the Board, including, where applicable, but not limited to the Solid Waste Management Rules, 06-096 C.M.R. ch. 400 and the Site Location of Development Law Rules, 06-096 C.M.R. chs. 371 through 376;(4) If the waste facility for hazardous wastes has a discharge or emission license under 38 M.R.S. §§413 or 590, the facility is operated in accordance with that license;(5) The facility is not located in areas prohibited under 06-096 C.M.R. ch. 854, § 7;(6) The facility will not manage F020-F023, F026, or F027 wastes except under the conditions specified in 40 C.F.R. §265.1(d)(1)(i) -(v), provided, however, that references to other sections or subparts of 40 C.F.R. Part 265 shall mean this Chapter;(7) The waste management activity is not prohibited under 06-096 C.M.R. ch. 854, §§5(B) -5(E); and(8) The facility was not previously denied a noninterim hazardous waste license, or an interim license which was issued to the facility has not expired pursuant to Section 7 of this Chapter.C. If an owner or operator of a hazardous waste management facility has filed an interim application with the Department pursuant to Section 5(A) of this Chapter but has not yet filed a final application pursuant to 06-096 C.M.R. ch. 856, the owner or operator shall file an amended interim application: (1) No later than the effective date of regulatory provisions listing or designating wastes as hazardous in Maine in addition to those already listed or designated, if the facility is treating, storing, or disposing of any of those newly listed or designated wastes; or(2) As necessary to comply with the provisions of Section 6 of this Chapter.D. An interim license may be issued under such terms and conditions as the Board may prescribe and is valid only so long as the waste facility for hazardous waste is in compliance with such license and with the requirements of this Chapter.06-096 C.M.R. ch. 855, § 5