06-096 C.M.R. ch. 853, § 5 - Applications

A. Application for a transporter license must be made on a form obtained from the Department.

B. An applicant shall include in the application the following information:

(1) Name, residence and, if applicable, business address and telephone number of the applicant; If the applicant is a business, the name(s), address(es) and telephone number(s) of the owner(s), operator(s) or person(s) otherwise in control of the business must also be given;

(2) For a business: the address and telephone number of each location of the business, including out-of-state locations and affiliates;

(3) Specification of hazardous wastes routinely or usually transported, including the source and destination of each such waste. Such specification must be updated by reports as required by this Chapter;

(4) Name, address and telephone number of persons to be contacted and who are authorized to act in an emergency;

(5) For each conveyance to be covered by a license: its identification, by year, make, serial number, registration number, other identifying number, letter or mark; identification of type of hazardous waste carried; capacity in appropriate units; and location(s) at which ordinarily kept;

(6) For each operator to be covered by a license: the operator name, and license numbers and state of issuance of all licenses held by the operator for operation of any type of conveyance;

(7) Certification by the applicant that the applicant is familiar with and will comply with the standard conditions set forth in Section 8 of this Chapter and with such special conditions as may be attached to the license, and, by each operator to be covered by a license, the same certification;

(8) Signature of the applicant or, for a business, signature of the person authorized to sign;

(9) A certificate of liability insurance covering the licensed activity in an amount appropriate for the license activity and for the risk involved. However, the limit of liability must not be less than $500,000;

(10) The transporter identification number; and

(11) Such other information including safety histories and training programs as the Department may determine to be necessary.

C. A transporter who is an operator of a conveyance and who owns or leases the conveyance or conveyance(s) which the transporter operates may apply for a transporter license to cover the transporter as an operator and such conveyance(s). Where such an application is made and a single license issued, a license certificate must be obtained from the Department for the operator and for each conveyance covered by the license. The requirements of this Chapter apply to the entire license, to the operator(s) and to the conveyances covered by the license, as applicable.

D. A transporter which is a business that engages in transportation of hazardous waste may apply for a transporter license to cover all locations of the business, all conveyances owned, leased or otherwise controlled by the business and used for transportation of hazardous waste, and all operators of such conveyances employed by the business. Where such an application is made and a single license issued, a license certificate must be obtained from the Department for each business location, each conveyance and each operator covered by the license. The requirements of this Chapter apply to the entire license, and to the separate business locations, conveyances, and operators covered by the license, as applicable.

E. The application must be filed with the Department.

F. Application for renewal of a license must be made no sooner than 90 days prior to the date of its expiration and must be made on forms provided by the Department. A copy of a prior application may be submitted as the renewal application providing there has been no change(s) in the information included therein or required by this Chapter. The applicant shall accompany that copy with a letter, signed and dated by the applicant, that states there have been no changes.

G. An applicant or licensee shall immediately notify the Department of any change in circumstance or situation which changes or will change any information stated on the application. Any oral notification must be followed by written notification to the Department within ten (10) days.

H. Operators or conveyances which are no longer employed by or owned, leased, or otherwise controlled by the licensee are no longer covered by the license and shall not transport or be used to transport hazardous waste.

Any license certificate issued to those operators or conveyances must be returned to the Department within 10 days of the date of the change.

Notes

06-096 C.M.R. ch. 853, § 5