06- 096 C.M.R. ch. 860, § 11 - Waste Oil Storage Facility License Application Requirements

A. General Information

(1) An applicant for a license for a waste oil storage facility must file an application in accordance with the requirements of this section, including a completed license application form and all supporting materials.

(2) Application for a license to operate a waste oil storage facility shall be made on a form obtained from and filed with:

State of Maine

Department of Environmental Protection

Bureau of Remediation and Waste Management

State House Station #17

Augusta, Maine 04333

(3) The Department will consider an application only when the applicant has demonstrated sufficient title, right or interest in all of the property which is proposed for development or use. Such title, right or interest may be demonstrated by submitting a copy of the property deed, lease or option to buy or lease agreement. In the case of a lease, the lease shall be of sufficient duration, as determined by the Board, to permit construction and reasonable use of the facility. Option agreements shall contain terms deemed sufficient by the Board to establish future title or a leasehold of sufficient duration.

(4) The applicant must demonstrate in his application sufficient financial capacity to construct, operate and maintain all aspects of the facility in accordance with the requirements of all applicable statutes and rules.

(5) All engineering designs, reports, plans and other technical engineering documents must be signed and certified by a State of Maine Registered Professional Engineer.

(6) All geological work must be signed and certified by a State of Maine Certified Geologist, except that soils work may be signed and certified by a State of Maine Certified Soil Scientist.

(7) All property survey work must be signed and certified by a State of Maine Registered Land Surveyor.

(8) All drawings, site plans and maps must be on sheets no smaller than 81/12" x 11" and no larger than 30" x 40".

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

(10) The application must be signed by:

(a) A principal executive officer of at least the level of vice president, if the applicant is a corporation.

(b) A general partner or a proprietor, if the applicant is a partnership or sole proprietorship.

(c) A principal executive officer or ranking elected official, if the applicant is a municipal, state, federal or other public agency.

(11) Public Notice

(a) An applicant shall give public notice of the filing of an application as follows:

(i) File a copy of the application with the clerk of the municipality in which the facility is or will be located. Where a facility is or will be located in an unorganized territory, the notice shall be given to the appropriate County clerk and to the Land Use Regulation Commission (LURC).

(ii) Publish a legal notice in at least one newspaper of general circulation in the area in which the facility is or will be located. This notice must be published once during the week in which the application was filed and once during the following week.

(iii) Notify all owners of property abutting the proposed facility.

(b) The public notice shall include, but not be limited to:

(i) the name, location and type of facility;

(ii) the name of the owner and operator of the facility;

(iii) a statement that the application has been filed and the date filed;

(iv) a statement that written public comments an the proposal are invited;

(v) a statement that a public hearing may be requested by any person, group of persons, or agency with respect to the application;

(vi) a statement that comments and bearing requests will be considered by the Department if filed within 45 days of the last day of the week in which the application was filed;

(vii) comments and bearing requests must be filed with:

Maine Department of Environmental Protection

Bureau of Remediation and Waste Management

State House Station #17

Augusta, Maine 04333

(12) Access to Site. By filing an application for a license, the applicant agrees to provide authorized representatives of the Department with access to the facility site in order that the site may be evaluated for a license as a waste oil storage facility. Insofar as practical, access will be sought during normal business hours.

B. Required Information. The application shall include, but not be limited to, the following information:

(1) General

(a) The name and location of the proposed waste oil storage facility.

(b) The name, mailing address and phone number of the applicant.

(c) The name(s), addresses and telephone number(s) of the owner(s), operator(s) and other person(s) in control of the business.

(d) The address and telephone number of each location of the business and of other companies owned or operated by persons listed in 11B(1)(c) including major out-of-state locations and affiliates.

(e) The name, address and telephone number of persons who are authorized to act in an emergency.

(f) A description of the applicant's prior experience and/or training which demonstrates the applicant's technical ability to construct, operate and maintain the facility as proposed.

(g) Evidence of the owner's and operator's history of compliance with laws, regulations and standards relating to environmental protection.

NOTE: For example, the Department may require the applicant to provide a list of all environmental licenses or permits previously obtained by the applicant in this or any other State as well as information pertaining to the status of those licenses or permits or to any related enforcement actions.

(h) An estimate of the total cost of the facility as proposed. Itemize major categories of costs.

(i) A demonstration of the applicant's financial capacity (including projections of utilization of the facility) to construct, operate and maintain all aspects of the facility in accordance with requirements of statutes and rules.

(j) A list of all other Federal, State and Local environmental licenses or permits required for the facility. Indicate whether or not each has been applied for and the date of such application or receipt of such permit.

(k) A certificate of liability insurance covering the licensed activity. (Refer to Section 11.C for guidance.)

(2) Facility Location

(a) A map, plotted on the most current 1:24,000 scale (71/12 minute) United States Geological Survey (USGS) topographical quadrangle, showing the location of the facility and the location of all public and private drinking water supplies within one mile beyond the property boundaries. If a 71/12 minute map is not available from USGS, a 1:62,500 scale (15 minute) map may be used.

(b) Copies of all state and municipal zoning restrictions applicable to the facility property and to the area within one half (1/12) mile of the property boundaries.

(3) Facility Design and Operation

(a) A scale drawing (1:500) of the storage facility signed by a professional engineer showing property boundaries; the location of all roadways, buildings, containers, tanks and equipment associated with operations at the facility; and the location of all wells, springs, ponds, streams and other bodies of surface water on the facility site. Additionally, if the applicant is applying for a license for a facility that is in existence on the effective date of this rule, the application shall provide photographs of the facility which clearly delineate all existing structures, existing waste oil handling areas and sites of proposed waste oil handling areas

(b) A diagram/description of the facility which includes detailed information on the following:

(i) design capacity;

(ii) number, size and capacity of all waste oil storage tanks, tank specifications and date(s) of manufacture;

(iii) diagram of the foundation and structural support for each tank;

(iv) engineering drawings including plan and profile views of all buildings, storage tanks, spill containment systems and related structures;

(v) diagram of piping, instrumentation and process flow;

(vi) description of feed systems, safety cut-offs, bypass systems, leak detection systems and pollution control equipment;

(vii) diagram and description of the collection system for surface water run-off.

(c) A plan of operation for the facility which, at a minimum, provides the following information:

(i) anticipated hours of operation (hours per day, days per week);

(ii) a waste analysis plan which includes types of waste oil to be handled, anticipated weekly volume, frequency of sampling and analysis, and quality assurance/quality control procedures;

(iii) a detailed narrative explaining how the facility will operate including provisions for the storage of waste oil samples; the handling of water, sediments and sludges generated during oil/water separation processes; the handling of run-off from the waste oil handling areas of the facility; and operational procedures for segregating specification from off-specification waste oil and waste oil from hazardous waste.

(iv) a detailed plan for monitoring facility operations;

(v) a general inspection schedule for the facility;

(vi) security procedures and equipment.

(d) A Spill Prevention Control and Countermeasures Plan which includes a description of the storage facility, waste oil handling procedures, spill prevention measures, emergency spill and cleanup procedures, and an inspection maintenance program.

(e) Personnel training program designed to insure that safety personnel are able to respond effectively to emergencies and mitigate potential adverse impacts related to spills.

(f) A closure plan: The owner or operator of the facility must submit a closure plan which demonstrates that the facility will be closed in a manner that will protect public health, safety and the environment and will minimize the need for further maintenance.

(g) Cost estimate for closure: The owner or operator of the facility must prepare a written estimate in current dollars of the cost of closing the facility in accordance with the closure plan.

(h) Such other information as may be required to demonstrate that the facility has been designed, will be established or altered and will operate in accordance with the standards set forth in this rule.

C. Insurance Requirements

(1) The owner or operator must submit with his application, and annually thereafter, proof of liability insurance for the facility for sudden and accidental occurrences. The level of coverage must be at least one million dollars per occurrence and two million dollars annual aggregate.

(2) The Board may require a higher minimum level of insurance coverage for a particular facility if it finds that, because of the design, operation or location of the facility, the coverage stated in Section 11C(1) will not be sufficient to protect the public health, safety and welfare or the environment.

(3) All liability insurance coverage amounts must be exclusive of legal defense costs.

(4) A financial test may not be used in lieu of liability insurance nor may an owner or operator self-insure.

D. Application Fee

(1) At the time of filing, the applicant must remit an application fee of $2,500 made payable to the Maine Hazardous Waste Fund.

(2) Application fees are required for the initial application and for any renewal application involving a substantial modification to a facility or license.

(3) A refund of fifty (50) percent of the fee shall be made to an applicant who withdraws his application within thirty (30) calendar days of its submission.

E. Annual Fee: Storage Facility. The licensee must remit an annual fee of $500 upon the issuance of his license and an each anniversary date thereafter. The fee must be in the form of a check or money order made payable to the Maine Hazardous Waste Fund and mailed to:

Department of Environmental Protection

Maine Hazardous Waste Fund

State Rouse Station #17

Augusta, ME 04333

F. Application for Renewal

(1) An application for renewal of a license shall be filed with the Department no earlier than two hundred ten (210) days and no later than one hundred eighty (180) days prior to expiration of the existing license, unless a different time is established in the license or by the Department.

(2) A renewal application must include any updated, supplemental or new information which the Board may require for a proper review of the application and must be signed by the appropriate authority as defined in Section 11A(10) of this rule.

Notes

06- 096 C.M.R. ch. 860, § 11