06-096-858 Me. Code R. § 9

Current through 2024-44, October 30, 2024

Section 096-858-9 - Consolidation Facility

The owner or operator of a consolidation facility shall comply with the following requirements:

A. Sections 5, 6, and 7, excluding 7(J), (L), (M) and (P) of this Chapter;

B. Conduct weekly inspections of universal waste storage areas and maintain a written inspection log to document the inspections. The log must include the name of the inspector, date of inspection, number, and condition of original waste containers and collection containers, and descriptions of actions taken to address any problem discovered during the inspection;

C. Ship to a properly approved recycling facility for universal waste, or in the case of ballasts, the residues from mercury spill kits, and architectural paint which cannot be recycled to a properly approved treatment or disposal facility within one year of receipt of waste;

D. Obtain an EPA ID number as outlined in Section 7(P) of this Chapter;

E. Mark each container with the date the universal waste is received at the facility; or mark each collection container with the date the first universal waste item is placed into the collection container and the date the collection container is full;

F. Maintain an inventory system on-site that identifies the date and manifest or Uniform Bill of Lading number or log information i.e., name of generator, log date, and type and number of universal waste items (if applicable) for each universal waste container or group of containers that is received at the facility and the date and manifest or Uniform Bill of Lading number for each waste container or group of containers that is shipped from the facility;

G. For architectural paint where paint will be transferred out of the original container for consolidation in another container, consolidators shall:

(1) Make hazardous waste determinations for paint including any unidentified architectural paint in accordance with 06-096 C.M.R. ch. 85 1, § 5;

(2) Separate any characteristic or listed hazardous waste paint containers from other paint containers and only consolidate hazardous waste paints with other hazardous waste paints in the same containers;

(3) Identify and separate any waste or containers which do not meet the criteria of architectural paint pursuant to Section 4(A) of this Chapter. Manage any of these wastes and containers identified as hazardous waste in accordance with the applicable standards for hazardous waste of 06-096 C.M.R. chs. 850 through 857, including labeling with the words "hazardous waste" and disposal through a licensed hazardous waste transporter;

(4) Conduct all transfer and consolidation activities over secondary containment;

(5) Empty individual architectural paint containers by draining the emptied container for at least thirty (30) seconds after the steady flow of paint has ceased and individual droplets are clearly evident. Then perform that procedure two more times, or crush the can using a commercially available crusher that collects vapors, liquids, and is explosion proof;

(6) Place empty containers in a collection container that is closed except when adding or removing containers and that will prevent the release of any residue or vapors that remains after complying with Section 9(G)(5) of this Chapter;

(7) Remove and clean up all discharges of hazardous waste to the Department's satisfaction;

(8) Ship all architectural paint on a hazardous waste manifest or uniform bill of lading;

(9) Submit for Department review and approval a closure plan with financial assurance sufficient for a third party to conduct the closure activities. The closure plan and financial assurance must be in accordance with 06-096 C.M.R. ch. 854, §§ (6)(C)(15) and (6)(C)(16) and must be updated annually in accordance with the rules;

(10) Submit quarterly reports on a form approved by the Department that identifies the number of individual containers and volume of architectural paint received, the number of individual containers and volume determined not to meet the definition of architectural paint, the name and location of all facilities where architectural paint and non-hazardous paint waste has been shipped, and the number of individual containers and volumes remaining on site at the end of the reported quarter;

(11) Submit proof of liability insurance; and

(12) Submit an environmental monitoring plan.

H. For architectural paint, pack original securely closed containers directly into collection containers, keep the collection container closed except when adding containers of paint, label the container with the words "Waste Paint"; and

I. Conduct closure of the facility in accordance with 06-096 C.M.R. ch. 851, § 11.

06-096 C.M.R. ch. 858, § 9