Section 096-856-18 - Emergency CircumstancesA. A person engaged in treatment (other than thermal treatment or land treatment) or containment activities during immediate response to any of the following situations is not required to obtain a license to do so:(1) A discharge of a hazardous waste;(2) An imminent and substantial threat of a discharge of a hazardous waste;(3) A discharge of a material which, when discharged, becomes a hazardous waste; or(4) An emergency response: (a) to an immediate threat to human health, public safety, property, or the environment, from the known or suspected presence of "military munitions"; (b) to an "explosives or munitions emergency"; or(c) as part of an "explosives or munitions emergency response"; as those terms (noted in quotations) are defined in 40 C.F.R. §260.10. In addition to any other reporting requirements, including those of 38 M.R.S. §1318-B and 06-096 C.M.R. ch. 801, the responsible parties involved shall retain records for three years identifying the dates of the response, the responsible parties responding, the type and description of materials addressed, and its disposition. Under emergency circumstances, the Commissioner may give permission to a generator or transporter to transport hazardous waste without a license pursuant to 06-096 C.M.R. ch. 853, § 10(C) or without a hazardous waste manifest pursuant to 06-096 C.M.R. ch. 857, § 10.
B. Any person who is covered by Section 18(A) of this Chapter shall in addition to all other applicable reporting requirements, including those of 38 M.R.S. §1318-B and 06-096 C.M.R. ch. 801, immediately notify the Department, upon undertaking treatment, identifying the type and quantity of the waste involved, the nature of the treatment and the circumstances warranting such treatment. Any person who is covered by Section 18(A) of this Chapter shall comply with applicable requirements of 06-096 C.M.R. chs. 850 through 858 after the immediate response.C. The Department has the authority and responsibility to direct that part of the response to a discharge which involves treatment or removal and may require modification or cessation of any treatment activity at any time.D. An owner or operator of a facility otherwise regulated by 06-096 C.M.R. ch. 854 where a discharge or threat of discharge requiring immediate response occurs, shall comply with all applicable requirements of 06-096 C.M.R. ch. 854, §§ 6(C)(5) and 6(C)(6).E. Any person who continues or initiates hazardous waste treatment or containment activities after the immediate response is subject to all applicable requirements of 06-096 C.M.R. ch. 854, 06-096 C.M.R. ch. 855 and 06-096 C.M.R. ch. 856.06-096 C.M.R. ch. 856, § 18