Code of Maine Rules › 06 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 096 - DEPARTMENT OF ENVIRONMENTAL PROTECTION - GENERAL › Chapter 409 - PROCESSING FACILITIES › Section 096-409-7 - Permit by Rule for Processing Wood Wastes

Current through 2024-29, July 17, 2024
A.
Applicability.
The permit-by-rule licensing provisions of this
				section apply to facilities that process wood waste for mulch, compost or fuel
				and that meet all of the standards of this section. Failure to meet any of
				these standards will require formal application to the Department for a license
				to develop and operate the solid waste processing facility under sections 2-3.
				The Department assumes that the processing of wood waste for mulch or fuel in
				strict conformity with these permit-by-rule provisions will meet the standards
				of Chapter 400, section 4. Facilities licensed under this section are exempt
				from the requirements of Chapter 400, section 9. No variances to the
				requirements of this section may be granted.
NOTE: Chapter 400, section 1 defines "wood wastes" as "brush,
				  stumps, lumber, bark, wood chips, shavings, slabs, edgings, slash sawdust and
				  wood from production rejects, that are not mixed with other solid or liquid
				  waste".
B.
Standards
				and Operating Requirements.
The standards and operating requirements of
				this subsection apply to all permit-by-rule facilities licensed under this
				section. Paragraphs (1) and (9) - (15) are operating requirements for existing
				wood waste processing facilities licensed as of November 2, 1998 under former
				Chapter 404, section 2.D (effective May 24, 1989).
(1) The processing facility may only handle
				wood waste. It may not accept for processing painted wood, chemically treated
				wood, chipboard, plastic, wood with fasteners, nails, paint or coatings, or
				wood that is otherwise contaminated.
(2) The total waste handling area may not
				exceed three (3) acres and on-site storage areas may not exceed one (1) acre.
				Individual storage piles may not exceed 10,000 square feet.
(3) The facility site may not lie within a
				100-year flood plain.
(4) There
				must be a minimum of a 100-foot setback from the waste handling area to
				property boundaries.
(5) There must
				be a minimum of a 500 foot setback from the waste handling area to all water
				supply springs.
(6) There must be a
				minimum of a 500 foot setback from the waste handling area to all water supply
				wells and all residences not owned by the facility operator or owner.
(7) The facility site may not be located
				within 100 feet of, on or over a protected natural resource, or on land
				adjacent to the following areas, without first obtaining a permit pursuant to
				38 M.R.S.A. Section 480-A et seq.:
(a) A
				coastal wetland, great pond, river, stream or brook, or significant wildlife
				habitat contained within a freshwater wetland; or
(b) Freshwater wetlands consisting of or
				containing:
(i) under normal circumstances, at
				least 20,000 square feet of aquatic vegetation, emergent marsh vegetation or
				open water, except for artificial ponds or impoundments; or
(ii) peatlands dominated by shrubs, sedges
				and sphagnum moss.
(8) Soils: The applicant may only process and
				store wood wastes on:
(a) Soils that a Maine
				certified soil scientist has determined are moderately well drained to well
				drained, as classified by the Natural Resources Conservation Service, and that
				are at least 24 inches above the seasonal high water table, bedrock, and sand
				or gravel lenses; or
(b) A pad
				constructed with the top at least 2 feet above the seasonal high water mark and
				is either composed of:
(i) 2 feet of glacial
				till (having between 15 and 35% fines) covered with a 6 inch drainage layer of
				gravel; or
(ii) soil covered with
				asphalt or concrete; or
(c) A surface determined by a Maine certified
				soil scientist, soil engineer or other qualified individual as being suitable
				for the proposed activity, taking into account the other aspects of the
				facility design; or
(d) On a land
				area under a permanent, roofed structure.
(9) Drainage: Surface water drainage must be
				diverted away from processing and storage areas.
(10) The facility must be operated so that it
				does not contaminate water, land or air from the handling, storage or
				processing of wood wastes.
(11)
				Inspection and access control: The operator must control unauthorized access to
				the site and visually inspect incoming materials so that only wood wastes
				permitted under section 7(B)(1) are deposited at the facility.
(12) Distribution: Processed wood wastes must
				be distributed for use or disposal within two years of receipt at the
				facility.
(13) Fire control: The
				operator must develop and implement a plan to prevent spontaneous combustion in
				wood waste and wood chip piles.
(14) Annual Report: By February 28th of each
				year, the operator must submit an annual report covering the previous calendar
				year. The annual report must contain;
(a) The
				estimated weight or volume of wood wastes received at the facility;
(b) The estimated volume or weight of wood
				wastes distributed from the facility;
(c) The estimated volume or weight of wood
				wastes stored on site as of December 31st; and
(d) A description of any problems in
				operations encountered during the year, and steps taken to correct those
				problems.
(15) Closure:
				The facility must be closed in a manner that minimizes the need for further
				maintenance; and so that the closed facility will not pollute any waters of the
				state, contaminate the ambient air, constitute a hazard to health or welfare,
				or create a nuisance. At a minimum, the applicant must remove all wastes and
				wood chips from the facility; and broom clean the facility structures and
				equipment.