Section 096-856-13 - License Terms and ConditionsA. The following standard conditions will apply to all licenses issued under this Chapter: (1) Relation of license to application. The plans, specifications, descriptions and other documentation submitted by the licensee in support of the application and approved by the Department in issuing the license constitute terms of the license which must be complied with by the licensee. Any variation or change in the plans, specifications, descriptions or other documentation must be approved by the Department prior to implementation. Upon completion of any construction or alteration approved by the Department, the licensee shall submit to the Department a written certification by a registered professional engineer that the facility has been constructed or altered in accordance with the terms of the license. NOTE: Variations or changes in the plans, specifications, descriptions or other documentation which alter, modify or substantially expand a facility must be approved by the Department prior to implementation, and are usually approved through a license modification or license amendment in accordance with 06-096 C.M.R. Ch. 2.
(2) Duty to comply. The licensee shall comply with all conditions of the license. Any noncompliance constitutes a violation of law and is grounds for enforcement action, for license suspension or revocation or for denial of a renewal application.(3) Duty to reapply. If the licensee wishes to continue an activity regulated by this license after the expiration date of this license, the licensee shall apply for and obtain a new license.(4) Duty to halt or reduce activity. It shall not be a defense for a licensee in an enforcement action that it would have been necessary to halt or reduce the licensed activity in order to maintain compliance with the conditions of this license.(5) Duty to mitigate. The licensee shall take all reasonable steps to minimize or correct any adverse impact on human health or the environment resulting from noncompliance with this license.(6) Proper operation and maintenance. The licensee shall at all times properly operate and maintain all facilities and systems which are installed or used by the licensee to achieve compliance with the conditions of this license. Proper operation and maintenance includes effective performance, adequate funding, adequate operator staffing and training, and adequate laboratory and process controls, including appropriate quality assurance procedures. This provision requires the operation of back-up or auxiliary facilities or similar systems only when necessary to achieve compliance with the conditions of the license.(7) License actions. This license may be modified, suspended or revoked by the Department for cause, including but not limited to where the standards or regulations on which the license was based have been changed by statute, through promulgation of new or amended standards or regulations, or by judicial decision after the license was issued. The filing of a request by the licensee for a license modification does not stay any license condition.(8) Property rights. This license does not convey any property rights of any sort, or any exclusive privilege.(9) Duty to provide information. The licensee shall furnish to the Commissioner, within a reasonable time, any information which the Commissioner may request to determine whether cause exists for modifying, suspending or revoking this license or to determine compliance with this 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.(10) Monitoring and records(a) Samples and measurements taken for the purpose of monitoring must be representative of the monitored activity.(b) The licensee shall retain records of all monitoring information, including all calibration and maintenance records and all original strip chart recordings for continuous monitoring instrumentation, copies of all reports required by this license, the certification required by 06-096 C.M.R. ch. 854, § 6(C)(10)(b), and records of all data used to complete the application for this license, for a period of at least 10 years from the date of the sample, measurement, report or application unless otherwise specified in this Chapter or 06-096 C.M.R. ch. 854. This period may be extended by request of the Commissioner at any time and is automatically extended for the period of any enforcement action. The licensee shall maintain records from all ground water monitoring wells and associated ground water surface elevations, for the life of the facility, and, for disposal facilities, for the post-closure care period as well.(c) Records of monitoring information must include:(i) The date, exact place, and time of sampling or measurements;(ii) The individual(s) who performed the sampling or measurements;(iii) The date(s) analyses were performed;(iv) The individual(s) who performed the analyses;(v) The analytical techniques or methods used; and(vi) The results of such analyses.(11) Transfers. This license is not transferable to any person except with the prior approval of the Department, upon demonstration that the transferee is able to comply with the license. The Department will require amendment of the license to change the name of the licensee and to incorporate such other requirements as may be necessary.(12) Monitoring reports. All licenses must include the requirements specified in 40 C.F.R. §270.31, provided that references to 40 C.F.R. Parts 264, 266, or 267 shall mean 06-096 C.M.R. ch. 854. Monitoring results must be reported to the Department at the intervals specified elsewhere in this license.(13) Compliance schedules. Reports of compliance or noncompliance with, or any progress reports on, interim and final requirements contained in any compliance schedule of this license must be submitted no later than l4 days following each schedule date.(14) Noncompliance and occurrence reporting. The licensee shall report any noncompliance, any release or discharge of hazardous waste and any fire or explosion at a facility. Information must be provided orally within 24 hours from the time the licensee becomes aware of the circumstances. A written submission must also be provided within 5 days, or with permission of the Commissioner within 15 days, of the time the licensee becomes aware of the circumstances. For noncompliance, the written submission must contain a description of the noncompliance, including exact dates and times, and if the noncompliance has not been corrected, the anticipated time it is expected to continue; and steps taken or planned to reduce, eliminate, and prevent recurrence of the noncompliance. For a release or discharge, fire or explosion the written submission must include: (a) Name, address, and telephone number of the owner or operator;(b) Name, address, and telephone number of the facility;(c) Date, time, and type of incident;(d) Name and quantity of waste(s) involved;(e) The extent of injuries, if any;(f) An assessment of actual or potential hazards to the environment and human health outside the facility, where this is applicable; and(g) Estimated quantity and disposition of hazardous waste released or discharged.(15) Other information. Where the licensee becomes aware that it failed to submit any relevant facts in a license application, or submitted incorrect information in a license application or in any report to the Commissioner, it shall promptly submit such facts or information.(16) Signatory requirement. All applications, reports, or information submitted to the Commissioner must be signed by an authorized signatory. Any person signing such documents shall make the following certification: "I certify under penalty of law that I have personally examined and am familiar with the information submitted in this document and all attachments thereto and that, based on my inquiry of those individuals immediately responsible for obtaining the information, I believe that the information is true, accurate, and complete. I am aware that there are significant penalties for submitting false information, including the possibility of fine and imprisonment."
(17) Commencement of Operation. For a new facility, the licensee may not commence handling of hazardous waste; and for a facility being altered or substantially modified the licensee may not handle hazardous waste in the altered or modified portion of the facility until: (a) The licensee has submitted to the Commissioner by certified mail or hand delivery a letter signed by the licensee and a registered professional engineer stating that the facility has been constructed, altered or modified in compliance with the license; and(b)(i) The Commissioner has inspected the new, altered or modified facility and finds it is in compliance with the conditions of the license; or(ii) If within 15 days of the date of submission of the letter required by (a) above, the licensee has not received notice from the Commissioner of the intent to inspect, then the inspection referenced in subparagraph (b)(i) above is waived and the licensee may commence handling of hazardous waste.(18) Other Permits and Licenses. The licensee shall secure and comply with all applicable Federal, State and local licenses, permits, authorizations, conditions, agreements, and orders, prior to or during construction, alteration, modification and operation as appropriate.(19) Bid Specification. A copy of this license must be included in or attached to all contract bid specifications for the facility.(20) Contractor Copy. The licensee shall not direct or permit any work within the scope of this license to be done by a contractor until the licensee has given the contractor a copy of this license.(21) Construction/Operation Within Two Years. If the construction or operation of the facility has not begun within two years, this license expires and the licensee shall reapply to the Department for a license. No construction or operation of the facility may be undertaken until a new license is granted. The new application must state the reasons why construction or operation was not begun within two years from the granting of the initial license and the reasons why construction or operation will begin within two years from the granting of a new license. The new application may incorporate, by reference, information submitted in the initial application, but must include all information required by law or rule at the time the new application is submitted.(22) Annual Fee. The licensee shall pay the annual fee as required by 38 M.R.S. §1319- H(2) and subsection C, below. This license is not effective until and unless the annual fee has been paid.(23) Annual Report. The licensee shall prepare and submit an annual report in accordance with 06-096 C.M.R. ch. 854, § 6(C)(12).(24) 06-096 C.M.R. ch. 857, Manifest Requirements and Manifest Discrepancies. The licensee shall comply with all manifest requirements. If a discrepancy in a manifest is discovered, the licensee shall attempt to reconcile the discrepancy. If not resolved within fifteen days, the licensee shall immediately submit a letter report, including a copy of the manifest, to the Department.(25) Inspection and entry. The licensee shall allow the Department, or an authorized representative, upon the presentation of credentials and other documents as may be required by law to: (i) Enter at reasonable times upon the licensee's premises where a regulated facility or activity is located or conducted, or where records must be kept under the conditions of this license;(ii) Have access to and copy, at reasonable times, any records that must be kept under the conditions of this license;(iii) Inspect at reasonable times any facilities, equipment (including monitoring and control equipment), practices, or operations regulated or required under this license; and(iv) Sample or monitor at reasonable times, for the purposes of assuring license compliance or as otherwise authorized by law or rule, any substance or parameters at any location.B.Special Conditions. The Department may place special terms and conditions, including compliance schedules, as part of any license issued under this Chapter. However, terms and conditions must be addressed toward specifying particular means of satisfying minor or easily corrected problems, or both, relating to compliance with the hazardous waste statutes and may not substitute for or reduce the burden of proof of the applicant to affirmatively demonstrate to the Department that each of the applicable standards has been met. A compliance schedule must require compliance as soon as possible but must not be for a period of time longer than the term of the license. A schedule that exceeds 1 year from date of issuance must set forth interim requirements and the dates for their achievement.C.Annual Fee. A licensee shall pay an annual fee according to the schedule below. The fee must be payable on the date on which the Department makes a final decision under Section 12(C)(1) or (2) of this Chapter or, in the case of a facility abbreviated license, 15 days after the effective date of the license, and must be paid thereafter on each anniversary of that date for the term of the license. A license, including an abbreviated license, is not effective until and unless the annual fee has been paid. The fee must be paid by certified check or money order made payable to the Maine Hazardous Waste Fund. Type of Facility | Annual Fee |
Disposal facility | $1,500 |
Commercial and on-site treatment facility | $1,000 |
Other waste facility for hazardous waste, including storage facilities | $500 |
Treatment facility under license by rule provisions (i.e., Abbreviated Licenses in Section 11 of this Chapter) where the hazardous waste treated is: | |
1,000 kg/month or less | $100 |
over 1,000 kg/month | $200 |
Facility Post Closure License | $500 |
D.Insurance and Closure and Post-Closure Funding Assurance. A license will not be in effect until and unless: (1) All required insurance coverage is in force and effect; (2) All assurance of closure funding, post-closure funding, or both is made as required; (3) All financial tests are met as required; and(4) All deposits or payments into trusts are made as required.E.Standard Condition of Approval for Mobile Treatment Facilities. The licensee of a mobile treatment facility which holds a valid hazardous waste treatment license for a specific site, who wishes to return to that site shall give fifteen (15) working days written advance notice to the Department and to the local municipal officials.06-096 C.M.R. ch. 856, § 13