Code of Maine Rules › 06 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 096 - DEPARTMENT OF ENVIRONMENTAL PROTECTION - GENERAL › Chapter 418 - BENEFICIAL USE OF SOLID WASTES › Section 096-418-7 - Reduced Procedures For Select Beneficial Use Activities

Current through 2024-29, July 17, 2024
The reduced procedure provisions of this section apply to the
				  beneficial use of non-hazardous multi-fuel ash as flowable fill or as
				  construction fill in traveled ways (e.g. roads and parking lots), and to dredge
				  material, where all of the general standards in section
				  4 of this rule and this section are
				  met. Except, the beneficial use of bottom ash from wood fired boilers or
				  multi-fuel boilers using fuel derived from CDD wood must be licensed under
				  section
				  9 of this rule. Proposed beneficial
				  uses which do not meet the requirements of this section must be licensed under
				  section
				  9 of this rule.
A.
Reduced Procedure Beneficial Use of
				De-watered Dredge Material As Construction Fill Standards.
(1) Dredge material permitted for use under
				this section must not be used in residential settings, playgrounds, or school
				yards, and must be completely and permanently covered by a concrete or asphalt
				paved surface, or by 6 inches of a compacted soil material.
(2) In order to characterize dredge material
				intended for beneficial use, representative samples shall be collected and
				analyzed prior to dredging in conformance with E.P.A. SW-846. A minimum of
				4 samples per site or 1 sample per
				acre shall be collected unless an alternative sampling plan is otherwise
				approved by the Department; information on sediment depth represented by each
				sample shall be provided. Samples shall have been collected, and analyzed
				within the holding times for each parameter, within 5 years of application
				submittal. However, if there have been significant spills, discharges, or
				disruptions in sediment deposition within the 5 year period, sampling and
				analysis is required to evaluate current conditions. Composite samples for
				analysis may be approved by the Department on a case-by-case basis. Analysis
				must be for the following parameters:
(a)
				Total metals (mg/kg dry wgt.) including Arsenic (As), Cadmium (Cd), Chromium
				(Cr), Lead (Pb), and Mercury (Hg);
(b) Semi-volatiles listed in paragraph(3),
				below (mg/kg dry weight);
(c) PCBs
				and dioxin TEQ unless waived by the Department, and organopesticides from
				commercial and agricultural ponds greater than 1/4 acre (mg/kg dry weight);
				and,
(d) Other parameters as
				required by the Department.
(3) Dewatered dredge material which is
				non-hazardous and which contains constituent levels less than the following
				levels (totals) may be beneficially used in accordance with the provisions of
				this sub-section:
Arsenic (As) < 161
				  mg/kg
Cadmium (Cd) < 22 mg/kg
Chromium (Cr+6) < 3.6 mg/kg
Lead (Pb) < 200 mg/kg
Mercury (Hg) < 27 mg/kg
Benz[a]anthracene < 13 mg/kg
Benzo[b]fluoranthene < 13 mg/kg
Benzo[k]fluoranthene < 134 mg/kg
Benzo[a]pyrene < 1.3 mg/kg
Chrysene < 1340 mg/kg
Dibenz[a, h]anthracene < 1.3 mg/kg
Indeno[1, 2, 3-c, d]pyrene < 13 mg/kg
PCBs < 2.7 mg/kg
Dioxin TEQ < 55.8 pg/g
(4) Total chromium or lead levels exceeding
				100 mg/kg, or mercury levels exceeding 4 mg/kg indicate that the dredge
				material may be hazardous waste. Further analysis of those parameters for TCLP
				is necessary.