Section 30.861 - Emergency LicenseNotwithstanding any other provision of 310 CMR 30.000, if the Department finds that an imminent and substantial endangerment to public health, safety, or welfare, or the environment may exist unless the Department takes such action, the Department may issue to a non-licensed facility a temporary emergency license for the treatment, storage, or use of hazardous waste by said facility, and may issue a temporary emergency license to a non-licensed transporter for the transportation of hazardous waste by said transporter. This temporary emergency license:
(1) Shall be either oral or written, provided that if it is oral, it shall be followed within five days by a written temporary emergency license;(2) Shall only be for a period necessary to abate the emergency, and in no case shall exceed a period of 90 days;(3) Shall clearly specify the hazardous wastes to be received or transported and the manner and location of their transport, treatment, use, or storage, which manner and location shall be in compliance with 310 CMR 30.000, except to the extent that the temporary emergency license expressly specifies otherwise because such compliance is determined by the Department to be not possible or not consistent with the emergency situation;(4) May be terminated by the Department at any time the Department deems such action appropriate to protect public health, safety, or welfare, or the environment, or when the Department determines that the emergency has been abated;(5) Shall be accompanied by a public notice given in compliance with the notice provisions of 310 CMR 30.833 or 30.834, whichever is applicable. The content of this notice shall include, at a minimum, the following:(a) The address and telephone number of the office of the Department issuing the temporary emergency license;(b) The name and location of the facility or transporter, as applicable;(c) A brief description of the wastes involved;(d) A brief description of the temporary emergency license and the reasons for the issuance thereof;(e) The duration of the temporary emergency license.