A. A transporter shall not mix universal
wastes of different DOT shipping descriptions by placing them into a single
container.
B. A transporter shall
not remove universal waste from the container in which it was placed once it is
moved from the site of generation until it is accepted at the central
accumulation facility or destination facility, unless specifically authorized
to do so by the Commissioner.
C. A
transporter shall not transport universal waste in any manner which could
endanger public health, safety or welfare or the environment,
D. A transporter shall not transport
foodstuffs for human or animal consumption in a conveyance in which universal
waste has been or is being transported if the foodstuffs might come in contact
with the universal waste.
NOTE: The Department discourages the transport of foodstuffs
in the same conveyance with universal wastes.
E. A transporter shall not transport
universal waste to a waste facility other than a facility for universal waste
which is authorized to handle the waste under a State program, and if
applicable the federal hazardous waste regulatory program, and which is one of
the types of facilities referenced in 06-096 C.M.R. ch.
858, §
5(B).
F. A conveyance in which universal waste is
transported may be inspected at any time for compliance with the applicable
standards set forth in these rules and for adequacy for safe transportation of
universal 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 Chapter or otherwise unsafe must not thereafter be
operated except under the direction of a public safety officer or an authorized
representative of the Department, or until corrective actions are taken to
correct the problem to the Department's satisfaction.
G. A transporter shall hold all other local,
state and federal permits, licenses and certifications as are necessary for the
universal waste activity as they relate to business conducted in Maine, and
shall comply with all state and federal law and rules applicable to its license
activity.
H. A transporter shall
have in force at all times liability insurance coverage with limitation of
liability appropriate for the transporting of universal waste and the risk
involved, but in no case less than $1,000,000 annual aggregate on coverage.
Municipalities, state and federal governments, and small universal waste
generators are exempt from the liability insurance requirement.
I. A transporter shall comply with all
applicable state and federal requirements regarding the use of a manifest, bill
of lading, or when applicable log for transportation of universal
waste.
J. A transporter shall
comply with all state and federal inspection and training requirements as may
from time to time be applied by law or rule to its license activity.
K. A transporter shall have a plan for the
types of wastes transported and be capable of carrying out the plan, for the
clean up of discharges of universal waste. The plan must include the
requirements of 06-096 C.M.R. ch.
858, §§
7(G) and
7(H) as well as the
emergency telephone number for reporting spills to the Maine Department of
Public Safety (State Police). The conveyance operator shall be familiar with
the clean up plan and the types of wastes being carried on the vehicle, shall
be capable of carrying out the plan, and shall have a copy of the clean up plan
in his/her possession. The transporter shall provide to the Department and to
public safety agencies all information necessary for response to emergency
situations involving universal waste activity. In the event of a discharge of
universal waste during transportation which releases universal wastes from the
primary container, the transporter shall implement its clean-up plan taking
immediate appropriate action to protect public health and safety and the
environment and shall immediately report the discharge to the Maine Department
of Public Safety by calling, 1-800-452-4664, or (207) 624-7076 and comply with
the provisions of 06-096 C.M.R. ch.
857, §
8(J) of the
Department's rules.
NOTE: The Department will make available for small universal
waste generators a generic clean up plan.
L. A transporter shall not accept for
transport or transport universal wastes which are unlabeled or which are in
damaged, bulging, leaking, unsuitable or otherwise unsafe containers, nor
accept for transport or transport any wastes which are incompatible with each
other such that a danger to public health or safety or the environment could
result from their being transported together.
M. It is the duty of the transporter to
ensure that the transportation be carried out in safety and without creating or
threatening danger to public health or safety.
N. The transporter shall assist the
Department in obtaining compliance with this Chapter.
O. A transporter shall comply with the export
and import requirements of 06-096 C.M.R. ch.
857, and with 40 C.F.R. Part
262
Subpart H and
40 C.F.R. §§263.20(a)(2) and 263.20(g).
NOTE: Transporters may only send universal wastes to a
recycling facility, a consolidation facility, or a central accumulation
facility for universal wastes, except for ballasts and the residues from
mercury spill kits which may go to a properly approved treatment, storage or
disposal facility.
P. A
transporter shall be considered a generator of universal waste and shall comply
with the requirements of 06-096 C.M.R. ch. 851 if the transporter transports
universal waste into or through the State of Maine from a foreign
country.
Q. A transporter shall
comply with all applicable U.S. Department of Transportation (DOT) regulations
in 49 C.F.R. Parts
171 through
180 for the transport of any universal wastes
that meets the definition of hazardous materials in
49 C.F.R. §171.8. Some
universal waste materials are regulated by the DOT as hazardous materials
because they meet the criteria for one or more hazard classes specified in
49
C.F.R. §173.2. When using the Recyclable Hazardous Materials Uniform Bill
of Lading, the universal wastes may not be described by the DOT proper shipping
name "hazardous waste, (l) or (s), n.o.s.", nor may the hazardous material's
proper shipping name be modified by adding the word "waste".
NOTE: The label placed on a universal waste container by a
generator can use the word "waste". It is the shipping document that cannot use
the word "waste". Use of the term "waste" on a generator's label means that the
material is regulated as a universal waste by the State of Maine, but does not
mean that it is necessarily regulated by DOT as a hazardous material. Whether
or not any particular material is regulated by DOT as a hazardous material is
determined in accordance with the DOT regulations and should be set forth on
the shipping document.
NOTE: In 2008, the Department approved an alternative form
entitled "Maine Recyclable Material Uniform Bill of Lading." For shipments of
universal wastes, this form should be used in place of the previously-approved
"Recyclable Hazardous Material Uniform Bill of Lading". The Maine Recyclable
Material Uniform Bill of Lading form, with removal of the word "Hazardous" from
its title, is approved for documenting shipments of Maine universal wastes
which are not DOT regulated hazardous materials, as well as universal wastes
that are hazardous materials.
