06- 096 C.M.R. ch. 860, § 9 - Transporter License

A. Decisions

(1) If an application is complete and the granting of the license will not cause or contribute to a violation of law or rule, the Department may issue a license, with or without special conditions.

(2) Prior revocation of a license issued pursuant to this rule or of any other license, permit, certification or other approval for the handling of waste oil issued by this or any other state or by a federal agency shall constitute prima facie evidence that issuance of a license under this rule would cause or contribute to a violation of law or rule. The applicant may overcome such evidence if he can present to the Department evidence of changed conditions or circumstances which, in the Department's judgment, is sufficient to warrant a finding that the license should be granted.

B. Terms

(1) A license under this rule is issued on the basis of information supplied in the application and is valid only so long as that information remains accurate. Where the Department has been notified of a change in the information, the license remains valid notwithstanding the change, so long as the licensee complies with any additional or different terms and conditions of the license necessitated by the changed information.

(2) A license under this rule is issued only to and for the persons, conveyances, locations and activities specified in the license and is non-transferable. Operators who are no longer employed by the licensee and conveyances which are no longer owned, leased or otherwise controlled by the licensee are no longer covered by the license and shall not be used to transport waste oil. Any certificate issued to such operators or conveyances shall be returned to the Department within ten (10) calendar days of the date of change.

(3) A license or renewal of a license granted under this rule is valid for one calendar year beginning with the date of issuance. Business location license certificates, conveyance license certificates and operator license certificates issued with the initial license or added thereafter as provided by this rule shall also expire on the date the license expires.

(4) The transporter license certificate, or certified copy thereof obtained from the Department, shall be available for inspection upon demand by any public safety officer or any authorized representative of the Department.

(a) A certificate covering an operator must be in his immediate possession while he is engaged in the transportation of waste oil.

(b) A certificate covering a conveyance must be with the conveyance while it is engaged in the transportation of waste oil.

(c) A certificate covering a business must be prominently displayed at each location of the business.

(5) A conveyance used to transport waste oil may be inspected at any time for compliance with its license, any special conditions attached to that license, and the standard conditions set forth in Section 9C of this rule. Inspection may be made by a public safety officer or any authorized representative of the Department. A conveyance found to be not in compliance with this rule or to be otherwise unsafe shall not thereafter be operated except under the direction of a public safety officer or an authorized representative of the Department.

C. Standard Conditions. All transporter licenses issued under this rule are subject to the following standard conditions:

(1) Duty to Comply. The licensee shall comply with all conditions of the license. Noncompliance with any condition constitutes a violation of law and is grounds for enforcement action, for license suspension or revocation, or for denial of any renewal application.

(2) Liability Insurance. A licensee shall have liability insurance coverage in force at all times. The coverage shall be appropriate for the licensed activity and for the risk involved.

(3) Local, State and Federal Permits. A licensee shall hold all other local, state and federal permits, licenses and certifications required for the licensed activity and shall comply with all applicable local, state and federal laws and rules.

(4) Recordkeeping. A licensee shall comply with all applicable state and federal requirements regarding the use of a manifest or log and the maintenance of other required records.

(5) Prohibition Against Mixing. The licensee shall not mix any hazardous waste with waste oil nor accept for transport as waste oil any material which he knows to have been so contaminated.

(6) Duty to Ensure Safe Operation. It is the duty of a licensee to ensure that his licensed activity is carried out in safety and does not create a threat to public health or safety or the environment. A licensee shall ensure that all of his methods, equipment and personnel are adequate and capable to this end.

(7) Inspection and Training Requirements. A licensee shall comply with all state and federal inspection and training requirements as may from time to time be applied by law, rule or license condition to the licensed activity.

(8) Response to an Emergency. A licensee agrees to provide to the Department and to public safety agencies all information necessary for response to emergency situations involving the licensed activity and agrees that he will assist the Department in obtaining compliance with this rule.

(9) Discharge of Waste Oil. In the event of a discharge of waste oil in any amount, the licensee shall take immediate action to protect public health, safety and welfare and the environment and shall immediately report the discharge to the Maine Department of Environmental Protection in accordance with 38 M.R.S.A. Section541et seq. and the terms and conditions of the license.

(10) Duty to Mitigate. The licensee shall take all reasonable steps to minimize or correct any adverse impact on the environment resulting from noncompliance with the license.

(11) Duty to Reapply. If the licensee wishes to continue an activity regulated by the license after the expiration date of the license, the licensee must apply for and obtain a new license.

D. Suspension or Revocation

(1) The Department may seek suspension or revocation of a license or license certificate for any of the following reasons:

(a) a violation of any applicable law or rule;

(b) a violation of the license or any term or condition of the license; or

(c) the suspension or revocation of any other license, permit, certification or approval for the handling of waste oil issued to the licensee by this State or any political subdivision thereof or by any other state or federal agency.

(2) Suspension or revocation may be sought as to any or all operators, conveyances or locations covered by the license.

(a) Where a license covers more than one operator and/or conveyance and/or location and if two or more license suspensions of operators, conveyances and/or locations covered thereunder occur within a calendar year, the Department shall seek revocation of the entire license.

(3) The Department shall seek revocation of any license which is suspended within 18 months of its prior suspension or revocation.

(4) A licensee whose license has been revoked may not reapply for a license until the conditions or violations which led to the revocation have been eliminated.

Notes

06- 096 C.M.R. ch. 860, § 9