06-096 C.M.R. ch. 856, § 6 - Persons Not Required to Obtain a License

The following persons are not required to obtain a license:

A. Generators of hazardous waste who accumulate hazardous waste on site for 90 days or less, as provided in 06-096 C.M.R. ch. 851, § 8(B).

B. Farmers who dispose of hazardous waste pesticide residues from their own use as provided in 06-096 C.M.R. ch. 851, § 4(C) and 06-096 C.M.R. ch. 851, § 10.

C. Owners or operators of totally enclosed treatment facilities as defined in 40 C.F.R. §260.10.

D. Owners or operators of wastewater treatment units as defined in 40 C.F.R. §260.10 provided all the hazardous wastes and wastewaters treated in such units are generated on-site, the owners or operators are in compliance with 40 C.F.R. §264.17(b), and the owners and operators are in compliance and submit a certification to the Department prior to operating the wastewater treatment unit (or by June 30, 1995 for units operating before June 30, 1995) that they are in compliance with the following requirements:

(1) The wastewater treatment units and associated piping are constructed of materials compatible with the wastes managed in such units during routine and upset conditions;

(2) The wastewater treatment units must have a secondary containment system of sufficient capacity to contain whichever is greater; 110% of the capacity of the largest unit or 20% of the combined capacity of the wastewater treatment units, except that, secondary containment of sewer lines is not required;

(3) The wastewater treatment units are equipped with automatic high level alarms, and such alarms are inspected and tested at least twice per year;

(4) Procedures for responding to the activation of the automatic high level alarms have been established that are sufficient to prevent a release of hazardous waste to the environment and the wastewater treatment units are operated within the parameters of the facility's design;

(5) The wastewater treatment system is subject to a water discharge license pursuant to 38 M.R.S. §§413 through 414(B), Pretreatment Program, 06-096 C.M.R. ch. 528, or 40 C.F.R. §§403.8 and 403.9 (pretreatment agreement) containing limits on the hazardous characteristics and any hazardous constituents for which the waste is hazardous (see Appendix VII of 06-096 C.M.R. ch. 850), and the license provides for testing for such characteristics and/or constituents at least annually;

(6) Periodic inspections of wastewater treatment unit components are performed, and such inspections include the draining of tanks and trenches to ensure the integrity of the structures by inspecting for corrosion and other forms of deterioration at least every five years;

(7) All sewer lines are inspected and/or tested for structural integrity, including corrosion, at least every five years;

(8) Whenever the owner or operator discovers that temporary or permanent repairs to the wastewater treatment units or associated piping are necessary to maintain structural integrity, the owner or operator shall notify the Bureau of Water Quality and the Bureau of Remediation and Waste Management within 24 hours of the discovery, and within 72 hours of such discovery, shall submit a written plan and repair schedule for review and approval of the Department;

(9) Repairs to equipment and structures are performed whenever necessary to maintain structural integrity prior to return to service;

(10) Wastewater analysis and inspection records must be retained at the facility and made available to any department or municipal official for inspection; and

(11) The certification must be submitted to the Bureau of Remediation and Waste Management, Hazardous Waste Management Unit at the address specified in Section 10(A)(1) of this Chapter.

The certification must be made by a person authorized to sign a license application under Section 10(A)(3) of this Chapter, and such certification must read:

I certify, under penalty of law, that the requirements of 06-096 C.M.R. ch. 856, §6(D) have been met for all wastewater treatment units which are unlicensed under the terms of that provision. I am aware there are significant penalties for submitting false information including the possibility of fine and imprisonment.

E. Generators of hazardous waste who physically treat hazardous waste in compactors designed and operated to prevent releases of liquids and vapors that are always closed, except when it is necessary to add or remove waste, provided the generators do not commingle different types of hazardous waste in the compactor.

NOTE: Generators should consult with compactor manufacturers to determine if their particular waste can be safely compacted. The requirements of 06-096 C.M.R. ch. 851 and 06-096 C.M.R. ch. 852 apply to compactors and the compacted waste including the labeling, maximum accumulation time, inspection, land disposal restriction and closure provisions.

F. Generators of hazardous waste who physically treat waste in tanks or containers and immediately reinsert the waste back into the manufacturing process without any other form of treatment, provided the waste is not used or reused in a manner constituting disposal or burned to recover energy or used to produce a fuel. "Physically treat" for the purposes of this section is limited to the use of pulverizers, grinders and hammers to reduce the particle size of hazardous waste such that the waste is more amenable for reuse.

G. Generators of laboratory hazardous waste who neutralize hazardous waste which is hazardous solely due to the characteristic of corrosivity in quantities less than 500 milliliters per treatment within their laboratory.

NOTE: Generators need to ensure that their waste is only hazardous for corrosivity and not for other hazardous waste characteristics, such as toxicity (including metals), ignitability, or reactivity.

H. Persons conducting removal or remedial action activities exempt from state licensing under section 121(e) of the federal Comprehensive Environmental Response, Compensation and Liability Act (CERCLA) of 1980.

I. The owner or operator of an elementary neutralization unit, as defined in Section 3(C) of this Chapter, provided:

(1) The unit is subject to a pretreatment agreement with the operator of a publicly owned treatment works, or wastewater from the unit is discharged to a wastewater treatment system licensed under 38 M.R.S. §§413 through 414- B, 06-096 C.M.R. ch. 528, or 40 C.F.R. §§403.8 and 403.9;

(2) All pipes, sewers and other unit components that may contain, convey or otherwise be in contact with corrosive hazardous waste are constructed of materials compatible with the management of corrosive waste, and the location of all such components is identified in a spill prevention control and clean-up plan submitted to the Commissioner as provided under 38 M.R.S. §1318- C;

(3) Each identified unit component is inspected at a frequency specified in the spill prevention control and clean-up plan and repaired as necessary to maintain structural integrity;

(4) Inspection records, including the date and time of inspection, the name of the inspector and the date and nature of any significant repairs or corrective actions, are retained and made available to department officials upon request, and to municipal officials if effluent from the unit is subject to a pretreatment agreement under section 307(b) of the federal Clean Water Act; and

(5) The owner or operator complies with 40 C.F.R. §265.17(b), which, in general, requires that the treatment of corrosive hazardous wastes be conducted so that it does not cause violent reaction, damage the structural integrity of the unit or otherwise threaten human health and the environment.

Notes

06-096 C.M.R. ch. 856, § 6