Code of Maine Rules › 06 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 096 - DEPARTMENT OF ENVIRONMENTAL PROTECTION - GENERAL › Chapter 852 - LAND DISPOSAL RESTRICTIONS › Section 096-852-7 - Treatment in Surface Impoundment Exemption Requirements

Current through 2024-29, July 17, 2024
A. Wastes which are otherwise prohibited from
				land disposal under this Chapter may be treated in a surface impoundment or
				series of impoundments provided that:
(1)
				Treatment of such wastes occurs in the impoundments and such treatment is a
				reasonable and necessary component of a treatment program designed to meet
				applicable treatment standards;
NOTE: The licensing and other provisions of 06-096 C.M.R.
				  chs. 854, 855 and 856 also apply to surface impoundments used to treat
				  restricted waste.
(2) The
				following conditions are met:
(a)
Sampling and testing
. For wastes with treatment standards in this
				Chapter and/or prohibition levels specified in this Chapter or Section 3004(d)
				of RCRA,
				42
				U.S.C. 6924(d), the residues
				from treatment are tested, as specified in 40 C.F.R. §268.7, to determine
				if they meet the applicable treatment standards, or where no treatment
				standards have been established for the waste, the applicable prohibition
				levels of Section
				13 of this Chapter or Section 3004(d)
				of RCRA,
				42
				U.S.C. 6924(d). The sampling
				method, specified in the waste analysis plan under 06-096 C.M.R. ch. 854,
				§
											6(C)(3) or 06-096
				C.M.R. ch. 855, §
											9(A)(3), whichever is
				applicable, must be designed such that representative samples of the sludge and
				supernatant are tested separately rather than mixed to form homogenous
				samples.
(b)
Removal
.
				The following treatment residues (including any liquid waste) must be removed
				at least annually: residues which do not meet the treatment standards
				promulgated under this Chapter; residues which do not meet the prohibition
				levels established in this Chapter or Section 3004 of RCRA, 42 U.S.C.
				§6924 (where no treatment standards have been established); residues which
				are from the treatment of wastes prohibited from land disposal under this
				Chapter (where no treatment standards have been established and no prohibition
				levels apply); or residues from managing listed wastes which are not delisted
				under 06-096 C.M.R. ch. 850. If the volume of liquid flowing through the
				impoundment or series of impoundments annually is greater than the volume of
				the impoundment or impoundments, this flow-through constitutes removal of the
				supernatant for the purposes of this requirement.
(c)
Subsequent management
.
				Treatment residues may not be placed in any other surface impoundment for
				subsequent management.
(d)
Record keeping
. The procedures and schedule for the sampling of
				impoundment contents, the analysis of test data, and the annual removal of
				residues which do not meet the applicable treatment standards or prohibition
				levels (where no treatment standards have been established), or which are
				prohibited from land disposal under this Chapter (where no treatment standards
				have been established and no prohibition levels apply), must be specified in
				the facility's waste analysis plan as required under 06-096 C.M.R. ch. 854,
				§
											6(C)(3) or 06-096
				C.M.R. ch. 855, §
											9(A)(3) (whichever is
				applicable).
(3) The
				impoundment meets the design requirements of 06-096 C.M.R. ch. 854, §
										9(B), and is in
				compliance with applicable ground water monitoring requirements of 06-096
				C.M.R. ch. 854 or 855;
(4) The
				owner or operator submits to the Department a copy of the waste analysis plan
				required under paragraph (2) above; and
(5) The owner or operator submits to the
				Department a written certification that the requirements of Section 7(A) of
				this Chapter are being met and the liners in the impoundment are functioning
				properly. The following certification is required and must be resubmitted on an
				annual basis no later than March 1 of each calendar year:
I certify under penalty of law that the requirements of
				  06-096 C.M.R. ch. 852, §7(A) of the rules of the Department of
				  Environmental Protection have been met for all surface impoundments being used
				  to treat restricted waste, that there is no evidence of possible leakage from
				  the impoundment, and the liners in such impoundments are functioning properly.
				  I believe that the submitted information is true, accurate and complete. I am
				  aware that there are significant penalties for submitting false information,
				  including the possibility of fine and imprisonment.