Waste Management Permits, Licenses, Certifications

Asbestos Abatement - 38 MRSA §1273(1) prohibits persons from engaging in asbestos abatement activities unless licensed or certified. The licensing and certification requirements are set forth in Chapter 425 of department rules.

Biomedical Waste - As required under 38 MRSA §1319-O(3), the department has adopted rules (Chapter 900) for licensing biomedical waste transporters and biomedical waste, treatment, storage and disposal facilities.

Hazardous Waste Facilities - 38 MRSA §1306(3) prohibits the discharge of hazardous waste unless licensed by the department. Subsection 1319-O(1)(D) authorizes the adoption of rules relating to the interim and final licensing of hazardous waste facilities. The licensing procedure and requirements are set forth in Chapters 850, 853, 855 and 856 of department rules.

Hazardous Waste Transporters - As authorized under 38 MRSA §1319-O(1)(C), the department has adopted rules (Chapter 853) requiring the licensing of hazardous waste transporters.

Lead Abatement - 38 MRSA §1292(1) prohibits persons from engaging residential lead abatement activities unless licensed or certified. The licensing and certification requirements are set forth in Chapter 424 of department rules.

Oil Conveyance/Marine Oil Terminals - 38 MRSA §545 prohibits the operation of an oil terminal facility without a license. The licensing process and requirements are set forth in Chapter 600 of department rules.

Solid Waste Facilities - 38 MRSA §1306(1) makes it unlawful to establish, construct, alter or operate any waste facility without a permit from the department. The rules for licensing solid waste facilities are set forth in:

Solid Waste Transporters - 38 MRSA §1304(1-A) requires the board to adopt rules relating to the licensing of solid waste transporters. The licensing requirements and procedures are set forth in Chapter 411.

Underground Oil Storage Tank Installers and Inspectors Certification - 38 MRSA §567 requires all underground oil storage facilities to be installed by certified underground tank installers. 38 MRSA 566-A.5 further requires all abandonments of underground oil storage tanks having stored Class 1 liquids (such as gasoline) be conducted by certified underground tank installers. 38 MRSA §563.9 mandates all underground oil storage facilities be inspected annually by certified underground oil tank inspectors or installers. 32 MRSA Subchapter 104-A provides authority for certification of underground storage tank installers and inspectors by the Board of Underground Storage Installers.

Vessel Anchorage - 38 MRSA §560(3) directs the department to adopt rules dealing with the hazards of long-term anchorage of oil-carrying vessels.  The rules (Chapter 680) require any person desiring to anchor a vessel for more than 7 days to obtain a license from the department. No license has ever been issued under this law.

Waste Oil - As authorized under 38 MRSA §1319-O(2), the department has adopted rules (Chapter 860) requiring waste oil dealers to get a license from the department. A “waste oil dealer” is a person in the business of transporting or handling more than 1,000 gallons of waste for the purpose of resale in a calendar month.