06- 096 C.M.R. ch. 857, § 3 - Definitions

A. Board. "Board" means the Board of Environmental Protection.

B. Department. "Department" means the Department of Environmental Protection.

C. Designated Facility. "Designated facility" means:

(1) A hazardous waste facility as defined in Section 3(H) of this Chapter and which has been designated on the manifest by the generator pursuant to 40 C.F.R. §262.20;

(2) "Designated facility" also means a generator site designated on the manifest to receive its waste as a return shipment from a facility that has rejected the waste in accordance with 40 C.F.R. §264.72(f) or 40 C.F.R. §265.72(f); and

(3) If a waste is destined to a facility in an authorized state which has not yet obtained authorization to regulate that particular waste as hazardous, then the designated facility must be a facility allowed by the receiving state to accept such waste.

D. Electronic Manifest (or e-Manifest). "Electronic Manifest" (or "e-Manifest") means the electronic format of the hazardous waste manifest that is obtained from the U.S. Environmental Protection Agency's (EPA's) national e-Manifest system and transmitted electronically to the system, which is the legal equivalent of EPA Forms 8700-22 (Manifest) and 8700-22A (Continuation Sheet).

E. Electronic Manifest System (or e-Manifest System). "Electronic Manifest System" (or "e-Manifest System")means EPA's national information technology system through which the electronic manifest may be obtained, completed, transmitted, and distributed to users of the electronic manifest and to regulatory agencies.

F. Generator. "Generator" means a person whose act or process produces a waste which is or may be hazardous.

G. Handle. "Handle" means to store, transfer, collect, separate, salvage, process, reduce, recover, incinerate, treat or dispose of.

H. Hazardous Waste Facility. "Hazardous waste facility" means a hazardous waste treatment, storage, or disposal facility which:

(1) Has received a permit, (or interim status) in accordance with the federal hazardous waste permit program (40 C.F.R. §270 and 40 C.F.R. §124 );

(2) Has received a permit (or interim status) from a state authorized in accordance with 40 C.F.R. §271 and if located in Maine is licensed pursuant to Interim Licenses for Waste Facilities for Hazardous Waste, 06-096 C.M.R. ch. 855 or Licensing of Hazardous Waste Facilities, 06-096 C.M.R. ch. 856;

(3) Is regulated under 40 C.F.R. §261.6(c)(2) or Subpart F of 40 C.F.R. §266, only if operating and authorized outside of Maine.

I. Manifest. "Manifest" means the shipping document which the U.S. Environmental Protection Agency (EPA) designates as EPA Form 8700-22 (OMB Control number 2050-0039) also referred to as the "uniform hazardous waste manifest" including, if necessary, the continuation sheet EPA Form 8700-22A, or the electronic manifest (as defined in Section 3(D) of this Chapter), originated and signed in accordance with the applicable requirements of 40 C.F.R. Parts 262 through 265 and any applicable state requirements for state-regulated hazardous waste. For universal waste regulated pursuant to 06-096 C.M.R. ch. 858 and waste oil regulated pursuant to 06-096 C.M.R. ch. 860, "manifest" may also mean the Maine Recyclable Material Uniform Bill of Lading (or "UBOL") as described in Section 4 of this Chapter.

J. Manifest Tracking Number. "Manifest tracking number" means the alphanumeric identification number which is pre-printed in Item 4 of the manifest by a registered source.

K. Site. "Site" means the same or geographically contiguous property which may be divided by a public or private right-of-way, provided that the entrance and exit between the properties is at a crossroads intersection and access is by crossing as opposed to going along the right-of-way. Noncontiguous properties owned by the same person but connected by a right-of-way which the owner controls and to which the public does not have access is also considered site property.

L. Signature. "Signature" means either a legible handwritten signature when applied to EPA Forms 8700-22 and 8700-22A, or an electronic signature that meets the requirements of 40 C.F.R. §262.25(a) when applied to Electronic Manifests.

M. Transport. "Transport" means the movement of hazardous waste from the point of generation to any intermediate points and finally to the point of ultimate disposition. Movement of hazardous waste on the site where it is generated or on the site of a licensed waste facility for hazardous waste is not "transport."

N. Transporter. "Transporter" means a person who transports hazardous waste in any quantity within, into or through the State of Maine.

O. User of the Electronic Manifest System. "User of the electronic manifest system" means a hazardous waste generator, a hazardous waste transporter, an owner or operator of a hazardous waste facility, or any other person that:

(1) Is required to use a manifest to comply with:

(a) Any federal or state requirement to track the shipment, transportation, and receipt of hazardous waste or other waste material that is shipped from the site of generation to an off-site designated facility for treatment, storage, recycling, or disposal; or

(b) Any federal or state requirement to track the shipment, transportation, and receipt of rejected wastes or regulated container residues that are shipped from a designated facility to an alternative facility, or returned to the generator; and

(2) Elects to use the e-Manifest system to obtain, complete and transmit an electronic manifest format supplied by the EPA electronic manifest system, or

(3) Elects to use the paper manifest form and submits to the e-Manifest system for data processing purposes a paper copy of the manifest (or data from such a paper copy), in accordance with Section (9)(A)(4) of this Chapter. These paper copies are submitted for data exchange purposes only and are not the official copies of record for legal purposes.

P. Waste. "Waste" means any useless, unwanted or discarded substance or material, whether or not such substance or material has any other or future use and includes any substance or material that is spilled, leaked, pumped, poured, emitted, emptied, or dumped onto the land or into the water or ambient air.

Notes

06- 096 C.M.R. ch. 857, § 3