A.
No person shall:
(1) Function as a transporter without a
transporter license issued by the Department;
NOTE: For certain PCB wastes, a transporter may be exempt
from the requirement of being a licensed hazardous waste transporter. See
Section
10 for PCB wastes.
NOTE: For universal wastes, a transporter may be exempt from
the licensing requirements. See Section
11 of this Chapter for universal
waste transporter requirements.
(2) Function as a transporter without a
transporter identification number;
(a) The
identification number must be comprised of the identification number assigned
to the transporter by the U.S. Environmental Protection Agency (EPA) or the
Department, including any state-only identifying number or letter as may be
assigned by the Department;
NOTE: A transporter may obtain an EPA identification number
by applying, using EPA Form 8700-12, to the:
Hazardous Waste Program
Maine DEP
17 State House Station
Augusta, ME 04333-0017
(3) Own, lease or otherwise control, or
operate a conveyance in which hazardous waste is transported unless the
conveyance is covered by a transporter license issued by the
Department;
(4) Give custody or
possession of a hazardous waste to a transporter unless the transporter holds a
transporter license issued by the Department;
(5) Take or accept hazardous waste from a
transporter unless the transporter holds a transporter license issued by the
Department;
(6) Mix hazardous
wastes of different DOT shipping descriptions by placing them into a single
container except at the site of generation prior to transport or at a facility
specifically licensed for that activity;
(7) Remove hazardous waste from the container
in which it was placed once it has been manifested and moved from the site of
generation until it is accepted at the destination facility unless specifically
authorized to do so by the Commissioner.
B. No person to whom a transporter license
has been issued by the Department shall transport hazardous waste except in
accordance with the license and the requirements of this Chapter.
C. No person shall transport hazardous waste
in any manner which could endanger public health, safety or welfare or the
environment:
(1) Failure to hold a transporter
license as required by this Chapter is prima facie evidence of
endangerment.
(2) Possession of a
transporter license issued by the Department under this Chapter shall not be a
defense to a violation of this Chapter nor to any other violation of law or
rule.
D. No person shall
transport foodstuffs for human or animal consumption in a conveyance in which
hazardous waste has been or is being transported in bulk, nor in a conveyance
in which hazardous waste has been or is being transported in containers if the
foodstuffs might come in contact with hazardous waste.
E. No person to whom a transporter license
has been issued by the Department shall transport hazardous waste to a waste
facility other than a facility for hazardous waste which is authorized to
handle the waste under a State program, and if applicable, the federal
hazardous waste regulatory program.
F. No transporter shall transport universal
waste to other than a central accumulation facility, a consolidation facility,
an authorized recycling facility, or in the case of ballasts and the residues
from mercury spill kits to an approved treatment or disposal facility that
meets the criteria of Section 4(E).
