Code of Maine Rules › 06 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 096 - DEPARTMENT OF ENVIRONMENTAL PROTECTION - GENERAL › Chapter 405 - Solid Waste Management Rules: Water Quality Monitoring, Leachate Monitoring, and Waste Characterization › Section 096-405-6 - Solid Waste Characterization Program

Current through 2024-29, July 17, 2024
A.
Applicability.
All special wastes proposed for storage, processing,
				beneficial use, agronomic utilization, or disposal in Maine must be
				characterized in accordance with a Department-approved plan. Any other solid
				waste may also be required to be characterized in accordance with a
				Department-approved plan. Facilities licensed solely for the transfer, storage,
				and/or disposal of municipal solid waste (MSW), wood waste and/or construction
				or demolition debris (CDD) are exempt from the characterization requirements of
				this section.
Solid waste facilities licensed to accept solid wastes
				  characterized by the generator are not required to further characterize the
				  waste at the facility, provided the solid wastes are clearly manifested from
				  the point of generation to the accepting facility.
B.
General Program Requirements.
The owner or operator of a new solid waste facility or activity required to
				characterize waste under these rules, or by a license or an enforcement
				agreement, must develop a solid waste characterization program and submit it to
				the Department for review and receive approval prior to handling of the wastes.
				This program must be designed to determine the chemical and physical
				characteristics of the wastes and to monitor these characteristics on an
				on-going basis. The owner or operator of an existing solid waste facility or
				activity which has previously characterized its wastes is required to meet only
				the ongoing characterization requirements of this section, unless an
				alternative program is approved by the Department or the owner or operator
				proposes to handle a new waste stream which requires initial and on-going
				characterization under this section. The program must include detailed
				information addressing the following:
(1)
General requirements
. The applicant must comply with the following
				requirements in developing and implementing a solid waste characterization
				program:
(a) For the initial characterization
				of a waste from a specific source, the owner or operator shall prepare and
				submit to the Department a detailed description of all known or potential
				physical and chemical characteristics of the solid waste to be accepted for
				handling. This must include information regarding the materials and specific
				process from which the waste is generated, and Material Safety Data Sheets for
				those chemicals that may be a major component of the waste. Information may be
				obtained from the facility generating the waste, analytical results from a
				similar facility, and/or from the chemical literature;
(b) The applicant shall also include a
				complete list of references for all sources of information used in this
				assessment;
(c) All wastes proposed
				to be handled under the provisions of these rules must be fully characterized
				unless exempted from characterization. Any statistical analysis performed must
				be done in accordance with the requirements of US EPA SW-846, Test Methods for
				Evaluating Solid Waste, Third Edition, Volume II, Chapter 9, 2013 ("US EPA
				SW-846"). Waste must not be accepted at a solid waste facility or for a solid
				waste activity if the TCLP - Regulatory Limits or allowable limits for
				additional contaminants as determined in the facility or activity license have
				been equaled or exceeded. This determination must be made either through TCLP
				testing or through calculation utilizing the methodology described in Appendix
				D of this chapter; and
(d) A
				reduction in characterization requirements may be requested based on the
				generator's certification of waste history, process knowledge, and waste
				volume. The Department may also require additional parameters based upon the
				raw material, the proposed activity, or the facility.