06-096 C.M.R. ch. 411, § 2 - Non-hazardous Waste Transporter License

A. Prohibition. No transporter shall transport non-hazardous waste into, out of, or within the State of Maine without the conveyance having a valid non-hazardous waste transporter license issued by the Department, unless the transporter or conveyance is exempted under Section 2(D) of this rule.

B. License required. Except as otherwise specified in this paragraph, after April 1, 1991, the owner of any conveyance used for transporting non-hazardous waste shall obtain from the Department a non-hazardous waste transporter license for each conveyance used for transporting non-hazardous waste. After April 1, 1991, any railroad transporting non-hazardous waste shall obtain from the Department a single non-hazardous waste transporter license for its transportation of non-hazardous waste into, out of, or within the State of Maine.

C. Categories. For the requirements of this Chapter, conveyances requiring non-hazardous waste transporter licenses shall be divided into the following categories:

(1) Category A: Special Waste, Scrap Tires, and Construction/Demolition Debris.

(2) Category B: Municipal Solid Waste other than Category A waste.

(3) Category C: Septage.

A combination license may be obtained for any single conveyance hauling more than one of the above categories of non-hazardous waste.

D. Exemptions. This Chapter shall not apply to:

(1) A transporter who handles only one or more of the following:

(a) inert fill or land-clearing debris;

(b) snow which is hauled to licensed snow dumps; or

(c) materials that have been separated from solid waste and that are being transported for recycling, provided that these materials are not special waste or hazardous waste.

(2) A generator-owned or leased conveyance that transports non-hazardous waste to a generator-owned disposal site, provided the disposal of the waste is authorized pursuant to 38 M.R.S.A. Section1306.

(3) Conveyances which transport wastewater treatment plant sludge to licensed disposal facilities; and conveyances which transport non-hazardous waste residuals to licensed utilization or composting sites.

(4) Conveyances withseptage holding tanks used solely for passenger and crew lavatories.

(5) Conveyances with a Gross Vehicle Weight (GVW) of less than 10,001 pounds transporting municipal solid waste; and conveyances with a GVW less than 26,001 pounds transporting construction/demolition debris to licensed disposal facilities.

(6) Conveyances contracted by municipalities to haul Category A and Category B waste which do not transport these wastes for more than 10 days per calendar year.

(7) A generator-owned or leased conveyance transporting containerized non-hazardous wastes generated in the field to a generator-owned storage or transfer facility provided that such wastes are ultimately disposed in a licensed disposal facility.

E. Fees. A biennial fee shall be assessed for each conveyance licensed with the Department. Fees are non-refundable.

(1) Biennial fees shall be based upon the following table:

First and second conveyance $100.00 each

Third through tenth conveyance $70.00 each

Eleventh conveyance and more $50.00 each

The maximum biennial fee for any applicant shall be $2000.00.

(2) In the case of conveyances operated in other states or countries, the license fee shall be reduced by the percentage of the non-hazardous waste hauling activity, estimated by weight or volume, which occurs outside of the State of Maine. However, in no case will the license fee be less than half the normal fee.

(3) Any conveyance owned, leased, or operated by the federal government, state government, or any political subdivision of the state, including any city, town, plantation, county, special purpose district, quasi-municipal corporation or any instrumentality association or combination of the foregoing governmental entities shall be exempt from fees.

(4) In the case of licenses for transport of non-hazardous waste by rail, the fee structure set forth in subparagraph 1, above, shall apply, except that the fee shall be based on the number of locomotives used in trains transporting non-hazardous waste or, at the choice of the railroad, the number of containers used to transport non-hazardous waste during the period of the license.

F. License Period. Non-hazardous waste transporter licenses are valid for two years from date of issue.

G. Transfer of license. Applications for the transfer of a non-hazardous waste transporter license shall be made upon forms prescribed and furnished by the Department. A fee of $15 shall be assessed for each transfer application.

Notes

06-096 C.M.R. ch. 411, § 2