reglab/statecodes huggingface dataset:
Code of Maine Rules › 06 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 096 - DEPARTMENT OF ENVIRONMENTAL PROTECTION - GENERAL › Chapter 411 - NON-HAZARDOUS WASTE TRANSPORTER LICENSES › Section 096-411-4 - License Criteria

Current through 2024-29, July 17, 2024
A. If an
				application is complete the Department may issue a license with or without
				special conditions. An application will not be considered complete if evidence
				of financial capacity pursuant to Section 7 of this Chapter is not
				provided.
B. An application for a
				non-hazardous waste transporter license or license renewal may be denied if the
				Department finds that the transport of non-hazardous waste in the applicant's
				conveyance(s) will, due to a lack of appropriate vehicle or conveyance
				safeguards or containment equipment, cause an unreasonable threat to public
				health, safety or the environment.
C. Except in the case of governmental
				agencies listed in Section 2(E)(3), an application for a non-hazardous waste
				transporter license or license renewal may be denied if the Department finds
				that the applicant, or in the case of a corporation, partnership, or
				association, an officer, director, manager, or shareholder having 10 percent or
				more interest in said organization:
(1) has
				intentionally misrepresented or concealed any material fact in the application
				submitted to the Department;
(2)
				has obtained or attempted to obtain the license by misrepresentation or
				concealment;
(3) has been convicted
				by finaljudgement, and all appeals have been exhausted, of any violation of
				state and federal laws and regulations relating to the handling of
				non-hazardous waste or other waste types within the five years immediately
				preceding the application for a license; or
(4) has a record of repeated violations of
				state and federal laws and regulations relating to the handling of
				non-hazardous waste or other waste types, or failure to comply with
				administrative orders mandating corrective actions within the five years
				immediately preceding the application for a license.
Code of Maine Rules › 06 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 096 - DEPARTMENT OF ENVIRONMENTAL PROTECTION - GENERAL › Chapter 411 - NON-HAZARDOUS WASTE TRANSPORTER LICENSES › Section 096-411-6 - Manifest Requirements

Current through 2024-29, July 17, 2024
A.
Non-hazardous waste manifest forms shall be obtained from the
				Department.
(1) Alternative Manifests.
				Alternative forms for manifests may be substituted, subject to Department
				approval, provided that the information required below is clearly
				provided.
Code of Maine Rules › 06 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 096 - DEPARTMENT OF ENVIRONMENTAL PROTECTION - GENERAL › Chapter 411 - NON-HAZARDOUS WASTE TRANSPORTER LICENSES › Section 096-411-7 - Evidence Of Financial Capacity

Current through 2024-29, July 17, 2024
A. Any transporter
				using a motor vehicle, except those exempt under Section 2(D) of this Chapter,
				shall provide to the Department, at the time of application or renewal, proof
				of motor vehicle insurance which provides minimum liability coverage for bodily
				injury or property damage as required in the Motor Vehicle Laws, Title
				29.
B. Any transporter not required
				to show proof of motor vehicle insurance, including but not limited to
				conveyances operated on rails, on water, or in the air, shall provide to the
				Department, at the time of application or renewal, proof of liability insurance
				coverage for bodily injury or property damage in the amount of at least
				$40,000.00 for any one accident.
C.
				Proof of insurance may be in the form of an insurance policy or bond signed by
				an authorized representative of a company licensed to sell insurance in the
				State of Maine, certifying that coverage is provided pursuant to Section 7(A)
				and Section 7(B) above. Any transporter that is self-insured shall submit proof
				of self-insurance in the form of a statement, signed by an officer of a
				financial institution, certifying sufficient deposits to provide coverage
				pursuant to Section 7(A) and Section 7(B) above.
D. Policies of insurance or bonds required
				under this Section shall remain in effect continuously throughout the term of
				license except during periods when a conveyance is removed from service.
				Cancellation of a policy or bond, by the insured or the insurer, shall not take
				effect until after thirty (30) days notice in writing to the Department. Said
				30 days notice shall commence from the date notice is actually received by the
				Department. In the event that the licensee has obtained a policy or bond from
				another insurance company, the policy shall state that the liability of the
				retiring insurer or surety bond shall terminate on the effective date of the
				replacement policy of insurance or surety bond or at the end of the 30 day
				cancellation period, whichever is less.
Code of Maine Rules › 06 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 096 - DEPARTMENT OF ENVIRONMENTAL PROTECTION - GENERAL › Chapter 411 - NON-HAZARDOUS WASTE TRANSPORTER LICENSES › Section 096-411-8 - Severability

Current through 2024-29, July 17, 2024
The provisions of this Chapter are severable. If any portion
				  of this Chapter is held to be invalid or unconstitutional by any court, such
				  decision shall not affect the validity or enforceability of other portions of
				  this Chapter.
Code of Maine Rules › 06 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 096 - DEPARTMENT OF ENVIRONMENTAL PROTECTION - GENERAL › Chapter 415 - REASONABLE COSTS FOR HANDLING, TRANSPORTATION, AND RECYCLING OF ELECTRONIC WASTES › Section 096-415-2 - Criteria for determining reasonable costs of consolidation operations

Current through 2024-29, July 17, 2024
A.
Consolidator approval
				process.
To be eligible to receive reimbursement from manufacturers for
				the handling, transportation, and recycling of covered electronic devices
				generated as waste by covered entities in Maine, a consolidator must be
				approved by the Department. By October 1 each year, a consolidator may submit
				information to the Department to demonstrate that it meets the criteria for
				approval to offer handling, transportation, and recycling services for covered
				electronic devices from Maine covered entities and to receive reimbursement
				from manufacturers. The Department shall approve annually a group of up to 10
				consolidators. The Department's approval shall be for a period of one year.
(1) The Department shall include in the
				approved group consolidators that:
(a)
				Provide adequate demonstration that they have the ability to operate in
				conformance with this chapter and Maine's E-waste Law;
(b) Submit the lowest cost schedules, with
				overall consolidator costs for handling, transportation to a recycling and
				dismantling facility, and recycling not to exceed $0.48 per pound for covered
				electronic devices; and
(c) When
				considered in aggregate, ensure that geographically convenient consolidation
				services are provided throughout the state.
The Department will make the current list of approved
				  consolidators available through its website, and, upon request, in
				  writing.
Code of Maine Rules › 06 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 096 - DEPARTMENT OF ENVIRONMENTAL PROTECTION - GENERAL › Chapter 415 - REASONABLE COSTS FOR HANDLING, TRANSPORTATION, AND RECYCLING OF ELECTRONIC WASTES › Section 096-415-3 - Operational standards

Current through 2024-29, July 17, 2024
A.
Required
				handling.
Consolidators shall manage the handling, transportation, and
				recycling of covered electronic devices, and shall bill each manufacturer for
				the manufacturer's recycling share as determined by the Department in
				accordance with section
				2(D) of this chapter
				for each covered electronic device type for which that manufacturer is
				responsible.
B.
Handling,
				transport and recordkeeping requirements
(1) All handling, transport and recordkeeping
				shall be performed in accordance with 06-096 CMR chapter 858,
Universal
				Waste
.
(2) A consolidator
				shall determine a total net weight of each covered electronic device type
				identified at receipt as generated by a covered entity in Maine.
(3) Costs associated with the handling,
				transportation, and recycling of covered electronic devices not clearly
				identified as generated by covered entities are the responsibility of the
				entity that delivers, or causes to be delivered, the covered electronic device
				to the consolidator.
NOTE
: Maine law at
				  38 M.R.S.
				  §1610(5) (A-1)
				  prohibits a covered entity from delivering more than seven covered electronic
				  devices at one time to a municipally-designated collection site or consolidator
				  collection event unless the collection site or consolidator is willing to
				  accept them.
(4) The
				consolidator shall establish and implement procedures for clearly
				distinguishing and tracking covered electronic devices from covered entities
				separately from electronic waste generated by non-covered entities.
(5) The consolidator shall transport all
				covered electronic devices only to qualified recycling and dismantling
				facilities.
(6) When provided with
				at least 24 hours' notice, the consolidator must allow on-site audit reviews by
				manufacturers during normal business hours of Monday - Friday from 9:00 a.m. to
				4:00 p.m. to evaluate the consolidator's operations in relation to Maine's
				E-waste Law and this chapter, and to check the systems that ensure the validity
				of data provided to the manufacturer and the Department.
NOTE
: A manufacturer may provide the Department
				  with the results of any audit it performs. The Department may use this
				  information to target unannounced inspections to determine compliance with
				  applicable Maine laws and rules.
(7) A consolidator must maintain, for a
				minimum of three years, a copy of the certifications of compliance with the
				environmentally sound management guidelines contained in Appendix A from each
				recycling and dismantling facility that receives covered electronic devices
				from the consolidator and must provide the Department with a copy of these
				records within 24 hours of its request.
Code of Maine Rules › 06 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 096 - DEPARTMENT OF ENVIRONMENTAL PROTECTION - GENERAL › Chapter 418 - BENEFICIAL USE OF SOLID WASTES › Section 096-418-1 - Definitions

Current through 2024-29, July 17, 2024
The following terms, as used in this rule have the following
				  meanings, unless the context indicates otherwise:
EDD Format.
EDD means Electronic Data
				  Deliverable, the format required by the Department for laboratory and field
				  data submittals of a broad range of environmental data including physical,
				  chemical, biological, and spatial, to the Maine Environmental and Geographic
				  Analysis Database (EGAD).
Petroleum Contaminated Soil.
Petroleum
				  contaminated soil means soil that has been verified through sampling and
				  analysis, and site specific documentation provided by the generator, to have
				  been contaminated by a discharge/release of petroleum. Petroleum contaminated
				  soil may include soil with concentrations of chemicals in addition to petroleum
				  only if those chemicals are likely to be naturally occurring (e.g. arsenic);
				  or, except for lead, if used as petroleum additives (e.g. ethanol). This term
				  does not include "urban fill" as defined in the Department's
Maine
				  Remedial Action Guidelines (RAGS) for Sites Contaminated with Hazardous
				  Substances"
, dated February 5, 2016.
Publicly Owned Source.
Publicly owned source
				  means a facility where the processing of construction and demolition (CDD) wood
				  into fuel occurs, that only accepts CDD wood that is generated in member
				  municipalities, and that is owned by a municipality, a quasi-municipal entity,
				  a county, a public waste disposal corporation under
				  38
				  M.R.S. §1304-B, or a refuse disposal
				  district under
				  38 M.R.S.
				  §§1701 to
				  1707.
Source.
Source means the facility where the
				  processing of CDD wood into fuel occurs.
Wood from Construction or Demolition Debris.
Wood from construction or demolition debris" or "CDD wood" means the wood
				  component of solid waste resulting from construction, remodeling, repair and
				  demolition of structures.
NOTE: The above definitions are specific to this rule. A
				  comprehensive listing of definitions used throughout the various rules
				  comprising the
Maine Solid Waste Management Rules
is found in
				  Chapter 400, section 1. "Discharge" as used in the definition of petroleum
				  contaminated soil is defined in
				  38 M.R.S.
				  §542 and §
									1317.
Code of Maine Rules › 06 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 096 - DEPARTMENT OF ENVIRONMENTAL PROTECTION - GENERAL › Chapter 418 - BENEFICIAL USE OF SOLID WASTES › Section 096-418-3 - Beneficial Use Activities Not Subject to the Requirements of this Rule

Current through 2024-29, July 17, 2024
The following beneficial use activities are exempt from
				  regulation under this rule:
A. The
				beneficial use of chipped wood from trees, brush, and other plant material
				generated from land clearing or timber harvesting activities provided that the
				material is used for fill on the same parcel of land or right-of-way where the
				waste is generated and the total affected area is less than 1 acre, or used for
				fuel, mulch or erosion control;
B.
				The beneficial use of inert fill as fill, drainage material in construction
				projects or as a raw material in cement, concrete or asphalt
				production;
C. The beneficial use
				of processed soil material and aged, fully hardened asphalt in paving material
				production, and road and parking lot construction and maintenance;
D. The beneficial use of oil-contaminated
				soil material that has been stabilized with emulsified asphalt as a substitute
				for virgin aggregate in the production of asphalt pavement;
E. The following beneficial uses of dredge
				material:
(1) 100 cubic yards or less used on
				the site of generation and draining into the dredged water body;
(2) 500 cubic yards or less generated during
				a construction or maintenance project conducted by the Maine Department of
				Transportation or the Maine Turnpike Authority, used on the site of generation
				and draining into the dredged water body;
(3) From class A, class AA and class SA water
				bodies;
(4) On the site of
				generation containing less than 15% fines (material passing the #200 sieve)
				from representative sampling, in conformance with E.P.A. SW-846,
Test
				Methods for Evaluating Solid Waste Physical and Chemical Methods,
3rd Edition, 2013, (E.P.A. SW-846) of a minimum of
				four samples, or one sample per acre, whichever is more frequent;
(5) From agricultural or residential ponds,
				ditches and drainage ways when the use occurs on the site of
				generation;
(6) Generated from
				normal maintenance of storm water and erosion control structures regulated
				under
				38 M.R.S.
				§420-C and §
										420-D, and
				free from oil, grease, litter and other contaminants; and,
(7) Containing less than 15% fines and
				meeting the levels of Appendix A of this rule for the listed constituents in
				section
				7(B)(3) of this rule,
				when used as beach nourishment fill;
Code of Maine Rules › 06 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 096 - DEPARTMENT OF ENVIRONMENTAL PROTECTION - GENERAL › Chapter 418 - BENEFICIAL USE OF SOLID WASTES › Section 096-418-4 - General Standards for Beneficial Use

Current through 2024-29, July 17, 2024
All beneficial use activities must be licensed and operated
				  or conducted to meet the following general standards:
A. The use of secondary material must
				constitute a beneficial use as defined in 06-096 C.M.R. ch. 400, §
									1(T)
				 that: serves a legitimate beneficial
				purpose, does not constitute disposal or a means of discard, and performs as an
				acceptable and effective substitute for the raw material or commercial product
				it is replacing, as demonstrated through:
(1)
				Comparison of the physical and chemical properties of the secondary material
				and the material or product it is replacing, showing that the two are
				comparable;
(2) Documentation that
				use of the secondary material will meet or exceed any relevant and generally
				accepted product specifications, or manufacturing, industrial use or
				engineering standards;
(3)
				Description of the identified or reasonably likely use or market for the
				material that is not speculative; and,
(4) Any other relevant information.
Code of Maine Rules › 06 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 096 - DEPARTMENT OF ENVIRONMENTAL PROTECTION - GENERAL › Chapter 418 - BENEFICIAL USE OF SOLID WASTES › Section 096-418-6 - Beneficial Use Permit by Rule Provisions

Current through 2024-29, July 17, 2024
A.
Permit by Rule for Beneficial Use of Tire Chips as Construction
				Fill.
The permit-by-rule provisions of this section apply to the use of
				tire chips as a light weight, insulating, or free draining fill for roads,
				retaining walls, landslide stabilization, and other civil engineering
				applications where all of the standards of this section are met. Proposed
				beneficial uses of tire chips which do not meet the requirements of this
				section must be licensed under section
				9 of this rule. By establishing these
				provisions, the Department finds that the beneficial use of the tire chips in
				strict conformity with these permit-by-rule provisions will meet the general
				standards in section
				4 of this rule. No variances to the
				provisions of this section may be granted.
(1)
Notification Requirements
.
				At least 24 calendar days prior to the initiation of the proposed activity or
				use an applicant shall submit a signed permit-by-rule notification on a form
				provided by the Department. Public notice of the filing of this type of
				permit-by-rule notification in accordance with 06-096 C.M.R. ch. 400, §
										3(B)(1)(c) is not
				required. The permit-by-rule notification must include:
(a) The applicant's name, address, telephone
				number, and contact person together with the appropriate application
				fee;
(b) A description of the tire
				chips size and the proposed use;
(c) An U.S.G.S 7.5 minute topographic map or
				equivalent map clearly marking the project location. GPS coordinates of the
				activity shall be provided in the project description; and,
(d) For proposed travel ways (e.g. roads and
				parking lots), a cross-sectional view, with a horizontal scale of
				1 inch = 5 feet and a vertical scale
				of 1 inch = 12 inches. The cross-section must clearly indicate the location and
				depth of each material layer as applicable (gravel, tire chips, geotextile,
				surface course, etc.).
Code of Maine Rules › 06 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 096 - DEPARTMENT OF ENVIRONMENTAL PROTECTION - GENERAL › Chapter 418 - BENEFICIAL USE OF SOLID WASTES › Section 096-418-8 - Fuel Substitution

Current through 2024-29, July 17, 2024
Any person proposing to beneficially use secondary materials
				  as a fuel in a boiler or cement kiln designed to combust conventional fuels,
				  including fossil or biomass fuels, must obtain a license pursuant to the
				  requirements of this section and the general standards of section
				  4 of this rule.
A.
Standards.
In addition to the
General Standards for Beneficial Use
in section
				4 of this rule, the following
				standards apply to facilities beneficially using secondary materials as fuel:
(1) The substitution of secondary material(s)
				for conventional fuels used in a boiler or cement kiln shall not exceed 50% of
				total fuel by weight combusted on an average annual basis;
(2) A licensee may beneficially use as a fuel
				substitute only the type and quantity of secondary material specifically
				licensed or allowed under this rule;
(3) A licensee may not accept CDD wood as a
				fuel unless the facility's Quality Assurance / Quality Control Plan
				specifically provides that the source(s) of the CDD wood fuel has implemented a
				plan for the identification and removal of arsenic and pentachlorophenol
				treated wood (including but not limited to utility poles) prior to processing
				of the CDD wood into fuel. Acceptable methods for the removal of arsenic and
				pentachlorophenol wood are the use of PAN Indicator Stain, X-ray Fluorescence
				technology, personnel specifically trained to recognize treated wood, or other
				methods approved by the Department;
(4) In order to characterize secondary
				material proposed for fuel use, unless specifically waived by the Department, a
				trial burn of the secondary material blended with the existing fuels shall be
				conducted; and,
(5) A licensee
				shall not deliver ash that is hazardous by analysis to a non-hazardous solid
				waste facility for disposal.
Code of Maine Rules › 06 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 096 - DEPARTMENT OF ENVIRONMENTAL PROTECTION - GENERAL › Chapter 418 - BENEFICIAL USE OF SOLID WASTES › Section 096-418-9 - Beneficial Use Licenses

Current through 2024-29, July 17, 2024
The requirements of this section apply to proposals for
				  beneficial use of secondary materials which do not qualify for exemption under
				  section
				  3, or licensing under sections
				  5,
				  6,
				  7 or
				  8 of this rule. This includes
				  proposals for the beneficial use of emulsified asphalt encapsulated
				  contaminated soil that was produced from contaminated soil that does not meet
				  the definition of petroleum contaminated soil in section
				  1 of this rule.
A.
Pre-Application Requirements.
A person proposing to license the beneficial use of a secondary material under
				this section shall request a pre-application meeting with the Department,
				unless the Department has previously issued a full license to the generator of
				the secondary material for the beneficial use of the secondary material. The
				pre-application meeting will include a discussion of the beneficial use
				proposal, and provide an opportunity for the applicant to receive guidance on
				risk assessment and/or risk management measures that may be required.
At least 14 days prior to the pre-application meeting, the
				  applicant shall submit the following information to the Department:
(1) A description of the secondary material
				and its proposed use. This must include sufficient information to demonstrate
				that the proposed project is a beneficial use;
(2) Information regarding the physical,
				chemical and, where appropriate, biological characteristics of the secondary
				material;
(3) Results of analytical
				testing of the secondary material conducted in accordance with the requirements
				of 06-096 C.M.R. ch. 405, §
										6(A), (B), and (C).
				The analytical requirements of 06-096 C.M.R. ch. 405, §
										6(C) must be modified
				with Departmental approval to reflect all constituents that may reasonably be
				thought to be present and which may pose a risk to human health or the
				environment;
(4) The quantities, by
				weight and/or volume of the secondary material;
(5) A description of any risk management
				techniques being considered; and,
(6) If it is known that a risk assessment is
				necessary, a description of the proposed protocol for conducting the risk
				assessment.
Code of Maine Rules › 06 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 096 - DEPARTMENT OF ENVIRONMENTAL PROTECTION - GENERAL › Chapter 418 - BENEFICIAL USE OF SOLID WASTES › Section 096-418-10 - Records, Restrictions and Monitoring

Current through 2024-29, July 17, 2024
A.
Authorization Form.
When required by a license term or condition,
				or the terms of an exemption from licensing, a generator of secondary materials
				shall provide to its clients a completed Authorization Form, prepared using the
				template in Appendix B of this rule. The generator shall maintain a file with
				copies of all Authorization Forms issued, and provide it to the Department upon
				request. Generators must retain each Authorization Form for 3 years. Persons
				receiving an Authorization Form(s) shall either keep the form(s) on the
				property where the secondary material is beneficially used or on file at its
				local office, and provide the Authorization Form(s) to the Department upon
				request. Persons receiving Authorization Forms must retain them for 3 years
				after the secondary material is last received at the property.
B.
Deed Notice.
A licensee for
				the beneficial use of a secondary material used as construction fill shall,
				when required by license term or condition, prepare and record in the Registry
				of Deeds or another permanent record approved by the Department, the following
				information:
(1) A description of the type and
				composition of the secondary material(s) placed as construction fill; and,
(2) The location, extent, and
				depth of the secondary material(s) deposited.
Code of Maine Rules › 06 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 096 - DEPARTMENT OF ENVIRONMENTAL PROTECTION - GENERAL › Chapter 418 - BENEFICIAL USE OF SOLID WASTES › Section 096-418-11 - Annual Report

Current through 2024-29, July 17, 2024
For licensed, on-going beneficial use activities, the
				  licensee shall submit, for review and approval, an annual report to the
				  Department using the form provided by the Department. This report must contain
				  a summary of activity during the past year, including the quantity of secondary
				  material used by the generator or an affiliate, distributed and received for
				  beneficial use, the sources and types of the secondary material received, and
				  the results of any required testing or on-going characterization. For reports
				  that include fuel substitution, any new source(s) of substitute fuel must be
				  identified. Where required by license condition, the licensee is required to
				  include in the annual report the locations of the beneficial use activity for
				  the past year.
Code of Maine Rules › 06 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 096 - DEPARTMENT OF ENVIRONMENTAL PROTECTION - GENERAL › Chapter 418 - BENEFICIAL USE OF SOLID WASTES › Appendix 096-418-B - TEMPLATE FOR AUTHORIZATION FORM FOR BENEFICIAL USE

Current through 2024-29, July 17, 2024
use in conjunction with the requirements of the
				  following sections of this rule:
Section
				  3(S)
Section
				  6(B)
Section 10
AUTHORIZATION FORM FOR BENEFICIAL USE
Generator of Secondary Material Beneficial Use
				  Location
Facility Name _________________ Facility Name _______________
Street Address ______________ Street Address
				  ________________
________________________ ___________________________
GPS Coordinates:______________________
Contact Name _______________ Contact Name
				  _______________
Contact phone number ____________ Contact phone number
				  __________
As the generator of the secondary material, I hereby certify
				  that the Department of Environmental Protection has authorized the beneficial
				  use of this secondary material through:
[] beneficial use exemption for no more than 800 tons of
				  construction fill per parcel; or
[] DEP permit-by-rule or license number
				  ______________________
Unless any necessary permit is obtained from the Department,
				  this secondary material may not be placed in the following locations:
* in standing water;
* in a channeled drainage flow;
* in a protected natural resource;
* below the water table; or
* where it may wash into any water of the state.
If the Department issued a permit-by-rule or license
				  authorizing the beneficial use of this secondary material, a copy of the
				  document is attached. The Department license []does []does not include
				  additional conditions for the use of this secondary material that you are
				  required to meet.
________________________ _______________________
Signature of Generator Representative Title
________________________ _______________________
Printed Name Date
As the beneficial user of the secondary material, I hereby
				  certify that I have received this authorization and will comply with the terms
				  of this form and, if applicable, any relevant terms of the beneficial use
				  license for this material. I understand that the secondary material must remain
				  at the location specified above, and that I must either keep this form at the
				  location where the beneficial use occurs, or at my local office for a 3 year
				  period
.
I understand the form must be made available to the
				  Department upon request.
_____________________ ____________________
Signature of Beneficial User Date
___________________
Printed Name
Code of Maine Rules › 06 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 096 - DEPARTMENT OF ENVIRONMENTAL PROTECTION - GENERAL › Chapter 419 - SOLID WASTE MANAGEMENT RULES: AGRONOMIC UTILIZATION OF RESIDUALS › Section 096-419-1 - Applicability

Current through 2024-29, July 17, 2024
A.
Facilities and Activities Subject to
				the Requirements of this chapter
This chapter applies to agronomic utilization activities and
				  the storage of residuals prior to utilization. Agronomic utilization is the
				  land application of residuals in a controlled manner in order to: increase the
				  nutrient content of the soil at a rate commensurate with the nutritional needs
				  of the crop to be grown and the assimilative capacity of the soil; otherwise
				  improve agricultural soil conditions; or provide some other horticultural
				  benefit. Agronomic utilization includes, but is not limited to:
(1) Land application of sewage sludge,
				biosolids, fish by-products, food waste, secondary paper mill sludge or other
				residuals to supply nitrogen (N), phosphorus (P), potassium (K), or other
				nutrients to a crop;
(2) Land
				application of ash, lime-mud, cement kiln dust, or other residuals as an
				agricultural liming agent;
(3) Land
				application of primary paper mill sludge, flume grit, wood wastes or other high
				carbon residuals to control erosion, as a topsoil replacement, as mulch, or to
				beneficially increase soil organic matter content;
(4) Utilization of composted residuals,
				decontaminated soil, or other processed residuals as a fertilizer, soil
				amendment, topsoil replacement or mulch.
Code of Maine Rules › 06 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 096 - DEPARTMENT OF ENVIRONMENTAL PROTECTION - GENERAL › Chapter 419 - SOLID WASTE MANAGEMENT RULES: AGRONOMIC UTILIZATION OF RESIDUALS › Section 096-419-2 - Licenses for Residual Utilization and Storage

Current through 2024-29, July 17, 2024
A.
License Required for Residual Utilization and Storage
(1) Utilization Licenses. The Department must
				conclude that the licensing standards in 06-096 CMR ch. 400 and sections 2
				through 7 of this chapter are met prior to a generator distributing a residual
				for utilization, unless the activity is exempt under section 1(B) of this
				chapter. This conclusion may be made in a program license, or a combination of
				program license and site specific utilization license. A program license must
				be obtained before any site specific utilization licenses are obtained. The
				generators of the residual must obtain the utilization license. An application
				must be submitted under 06-096 CMR ch. 400 and section 7 of this chapter, or
				under the permit-by-rule provisions of sections 8 and 9. For purposes of this
				rule, processors of solid waste are the generators of the resultant
				residual.
(2) Residual Storage
				Licenses. Prior to establishing a new residual storage site, or altering an
				existing residual storage site, the Department must conclude that the licensing
				standards in 06-096 CMR ch. 400 and section 11 through 13 of this chapter are
				met, unless the activity is exempt under section 1(B). This conclusion may be
				made in a program license, a storage site license, or a combination of the two.
				Field stacking sites associated with a licensed utilization site may only be
				licensed to the residual generator. Other residual storage sites may be
				licensed to any person. The Department may approve of utilization and storage
				at the same location in one license, provided all of the applicable licensing
				criteria are met.
NOTE: Storage of a residual at composting or other processing
				  facilities is subject to the standards in 06-096 CMR ch. 409 or 410. Storage of
				  residuals for purposes other than agronomic utilization is subject to 06-096
				  CMR ch. 402 or in some beneficial use cases, Chapter 418.
(3) Inapplicability of Disposal Facility
				Standards. Residual storage sites and utilization activities constitute solid
				waste facilities, but do not constitute solid waste disposal facilities, as
				defined in 06-096 CMR ch. 400. Therefore, agronomic utilization activities and
				residual storage sites are not subject to the provisions specific to solid
				waste disposal facilities in 06-096 CMR ch. 400 or the Maine Solid Waste
				Laws.
Code of Maine Rules › 06 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 096 - DEPARTMENT OF ENVIRONMENTAL PROTECTION - GENERAL › Chapter 419 - SOLID WASTE MANAGEMENT RULES: AGRONOMIC UTILIZATION OF RESIDUALS › Section 096-419-3 - Siting Standards for Agronomic Utilization

Current through 2024-29, July 17, 2024
A.
Siting Standards for Residuals Containing Nitrogen.
The provisions
				of this subsection apply to utilization of residuals that have a C:N of less
				than 25:1, unless the residual is a compost, or unless the Department
				determines in a program license that mineralization or other comparable studies
				demonstrate that excess nitrates will not contaminate groundwater. This section
				also applies to utilization of other residuals which the Department has
				determined in a Program license readily leach contaminants which may
				contaminate groundwater
(1)
Setbacks
. The boundaries of the spreading area at a utilization
				site must be located a minimum distance from certain features, as specified in
				Table 419.1, at the time the Department receives a complete site license
				application. The Department may require that the generator increase setbacks if
				necessary to meet the standards in section 4 of this chapter and 06-096 CMR ch.
				400, sections 3 and 4.
Table 419.1
Minimum Setbacks for Leachable Residuals
Type of Feature
Distance in Feet From Site Boundary to
							 Feature
Public well
500
Private well
300
Property line
25
Bedrock outcrop
25
Off-site dwelling or occupied building
300
Surface water, and drainage features with mineral
							 bottoms*
35
Down-slope soils derived from outwash or stratified
							 drift parent materials without a minimum six inch soil cap of loamy fine sand
							 or finer
25
*Surface waters are waters of the state that are not
				  groundwater. Drainage features include ditches, swales, ravines and
				  gullies.
(2)
Soil
				Cap
. All soils derived from outwash or stratified drift parent materials
				must have a minimum six inch soil cap of loamy fine sand or finer.
(3)
Minimum Depth to Bedrock
.
				For established perennial crops such as hay, the bedrock must be a minimum of
				10 inches below the ground surface. For other crops, including row crops, the
				depth to bedrock at the site must be a minimum of twenty (20) inches below the
				ground surface. The Department may increase bedrock separations if necessary to
				meet the standards in section 4 and 06-096 CMR ch. 400, sections 3 and
				4.
(4)
Slope
. The
				slope of the site may not exceed 15% for agricultural settings and 25% for
				forestry settings.
NOTE
: If the utilization activity is proposed
				  within the direct watershed of Marine waters, the site is also subject to the
				  siting standards contained in section 3(B).
Code of Maine Rules › 06 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 096 - DEPARTMENT OF ENVIRONMENTAL PROTECTION - GENERAL › Chapter 419 - SOLID WASTE MANAGEMENT RULES: AGRONOMIC UTILIZATION OF RESIDUALS › Section 096-419-4 - General Operating Standards for Agronomic Utilization

Current through 2024-29, July 17, 2024
All agronomic utilization activities must be licensed and
				  operated to meet the following standards.
A.
Residual Suitability.
The
				residual must be physically and chemically suitable for the intended
				utilization activity, must be non-hazardous, and must be of a known and
				consistent quality. Ash must be conditioned with water prior to utilization to
				prevent fires.
B.
Agronomic
				Benefit.
The residual must increase the nutrient content of the soil at
				a rate commensurate with the nutritional needs of the crop to be grown;
				otherwise improve agricultural soil conditions; or provide another
				horticultural benefit in which the residual meets or exceeds the generally
				accepted product specifications and standards for the product it is replacing.
				Each residual in a residual mixture must add to the agronomic benefit of the
				whole mixture.
C.
Sampling
				Plan
(1) The residual generator must
				develop and implement a waste characterization sampling and analytical work
				plan and, if required, a site monitoring plan in accordance with 06-096 CMR ch.
				405. The frequency of sampling must be adequate to represent the residual, soil
				or other media. The Department will require a site monitoring plan when it
				determines in a program or site license that a utilization program poses a
				potential threat to public health or safety or the environment because of the
				nature of the residuals utilized and/or the location, design and operation of a
				utilization site.
NOTE
: 06-096 CMR ch. 405 requires the applicant
				  to sample a residual for compounds that may be in the residual. The frequency
				  of sampling must be adequate to represent the residual. Analytical requirements
				  depend upon the processes that generate the residual, inputs to that process
				  and the intended use of the residual.
(2)
Hazardous and Special Waste
				Handling and Exclusion Plan Exemption
. Utilization activities meeting
				the standards of this chapter meet the intent of, and are therefore exempt
				from, the requirement in 06-096 CMR ch. 400, section 9 to develop and implement
				a Hazardous and Special Waste Handling and Exclusion plan.
Code of Maine Rules › 06 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 096 - DEPARTMENT OF ENVIRONMENTAL PROTECTION - GENERAL › Chapter 419 - SOLID WASTE MANAGEMENT RULES: AGRONOMIC UTILIZATION OF RESIDUALS › Section 096-419-5 - Suspension of Utilization Site Use

Current through 2024-29, July 17, 2024
A.
Suspension Action Levels.
Application of residuals at a utilization site
				must be suspended when the generator, operator or Department determines that
				the residual supplies the parameter of concern and one or more of the following
				standards have been exceeded in the site soil:
(1) Soil pH is greater than 6.5 SU, and base
				saturation of the soil's cation exchange capacity is less than 2.5% potassium
				or 10% magnesium, or its equivalent;
NOTE
: "or its equivalent" means that alternative
				  analytical methods may be used to evaluate compliance with this standard. For
				  example, by measuring the concentration of potassium or magnesium in site soil,
				  and using a reasonably conservative assumption of what the CEC is in the site
				  soil, the generator may demonstrate that this standard has been met.
(2) Base saturation of the soil's
				cation exchange capacity is greater than 15% sodium;
(3) pH of 7.5 SU;
(4) Organic matter content of 12% (dry weight
				basis);
(5) One or more of the
				following heavy metal concentrations:
(a) For
				sewage sludge, the concentrations in table 419.3, column E
(b) For residuals other than sewage sludge,
				the concentrations in table 419.5, column B;
(6) The concentration in 06-096 CMR418
				Appendix A of any parameter other than metals; or
NOTE
: This standard does not mean that all site
				  soils must be sampled for all the parameters in 06-096 CMR ch. 418, Appendix A.
				  The site soil will have to be tested for compounds that may be reasonably
				  expected to be found. Analytical requirements depend upon the loading rate of a
				  contaminant to the site's soil. The frequency of sampling must be adequate to
				  represent the soil. Environmental monitoring plans are established under 06-096
				  CMR ch. 419, Section 7(B)(15), during the licensing process.
(7) A plant available phosphorus
				concentration in excess of 100 lbs/acre, as determined by a Morgan-type extract
				(sodium or ammonium acetate at pH 4.8), or its equivalent.
Code of Maine Rules › 06 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 096 - DEPARTMENT OF ENVIRONMENTAL PROTECTION - GENERAL › Chapter 419 - SOLID WASTE MANAGEMENT RULES: AGRONOMIC UTILIZATION OF RESIDUALS › Section 096-419-6 - Record Keeping and Reporting

Current through 2024-29, July 17, 2024
A.
Record
				Keeping Requirements.
Unless otherwise provided for in the program
				license, the residual generator must make provisions to keep the following
				records and make them available for Department inspection and copying for the
				duration of the utilization activities, and for a minimum of three (3) years
				after the utilization program ceases:
(1)
				Volume of residual generated on a yearly basis;
(2) Volumes of residual utilized, processed,
				disposed and stored on a yearly basis;
(3) Analytical results and residual process
				monitoring records pertaining to the utilization program and residual,
				including a record of sample locations;
(4) A list of licensed utilization sites,
				loading rates at those site, analytical data, all license application
				submissions, a copy of licenses issued by the Department and all other site
				specific utilization information; and
(5) Other information as specified in the
				utilization program license.
Code of Maine Rules › 06 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 096 - DEPARTMENT OF ENVIRONMENTAL PROTECTION - GENERAL › Chapter 419 - SOLID WASTE MANAGEMENT RULES: AGRONOMIC UTILIZATION OF RESIDUALS › Section 096-419-10 - Permit by Rule Transfer of Site License

Current through 2024-29, July 17, 2024
A.
Applicability.
The permit-by-rule licensing provisions of this section
				shall apply to the transfer of utilization site licenses 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 utilization site license transfer
				under section 2(E) of this chapter. Sites transferred under this section are
				subject to the applicable operating standards in section 4 of this chapter, the
				operational standards contained in the site license(s), and the receiving
				generator's program license. No variances to the requirements of this section
				may be granted.
B.
Standards
(1) Both generators generate
				the same kind of residual, such as sewage sludge treated to a class B pathogen
				reduction standard;
(2) Both
				generators agree to the transfer;
(3) The receiving generator must be in
				substantial compliance with its program license;
(4) Both program licenses must require the
				same siting standards;
(5) The
				entire site is being transferred; and
(6) All residuals from the current license
				holder must have been properly utilized or removed from the site prior to
				filing the transfer notification.
Code of Maine Rules › 06 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 096 - DEPARTMENT OF ENVIRONMENTAL PROTECTION - GENERAL › Chapter 419 - SOLID WASTE MANAGEMENT RULES: AGRONOMIC UTILIZATION OF RESIDUALS › Section 096-419-11 - Storage of Residuals Prior to Utilization

Current through 2024-29, July 17, 2024
This section applies to storage of residuals prior to
				  agronomic utilization. For purposes of this chapter, "a field stacking
				  facility" means a facility for the storage of residuals on a permeable surface
				  and not under a permanent roof. For purposes of this chapter, "contained
				  storage facilities" means storage facilities where residuals are stored on
				  impervious surfaces or under a roof. All residual storage sites must be sited,
				  designed and operated to meet the standards in 06-096 CMR ch. 400, sections
				  3 and
				  4 and the following standards:
A.
General Siting Standards for
				Residual Storage
(1) The residual
				handling area must meet the setbacks in table 419.1 and 419.2, and be located
				greater than:
(a) 500 feet to the nearest
				occupied building other than those owned by the site owner or
				operator;
(b) 100 feet from public
				roads and abutting property boundaries; and
(c) 300 feet from a great pond that is a
				public drinking water supply.
Code of Maine Rules › 06 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 096 - DEPARTMENT OF ENVIRONMENTAL PROTECTION - GENERAL › Chapter 419 - SOLID WASTE MANAGEMENT RULES: AGRONOMIC UTILIZATION OF RESIDUALS › Section 096-419-12 - Application Requirements for Residual Storage

Current through 2024-29, July 17, 2024
Any person seeking to store residuals prior to utilization
				  shall provide information sufficient to demonstrate that the standards of
				  sections
				  11 and
				  13 of this chapter are met. The
				  applicant shall submit to the Department, on application forms developed by the
				  Department, the following information:
A.
Submissions for Program Licenses for
				Storage.
The following submissions are required for applications for a
				program license to store residuals.
(1)
Summary
. A brief summary of the proposed utilization program for
				which the storage is required;
(2)
Residual Characteristics
. The physical and chemical
				characteristics of the residual that will be stored obtained in accordance with
				06-096 CMR ch. 405, including an assessment of the environmental and human risk
				posed by storage of the material, including risk to groundwater and surface
				water, and proposed management to mitigate those risks;
(3)
Siting Standards
. When
				appropriate, the standards proposed for sites where the residual will be
				utilized, including:
(a)
Buffer
				Zones
. A description of appropriate buffer zones at utilization sites
				that will be employed to meet the standards in 06-096 CMR ch. 400, section 4,
				(E)- through (H) and the applicable standards in section 11 and 13 of this
				chapter;
(b)
Soils
. A
				description of appropriate soil drainage class, depth to bedrock or other
				permeable layers, and slope, that will be appropriate to meet the standards in
				section 11(C)(4) of this chapter and 06-096 CMR ch. 400, sections 4(J) and
				4(K); and
(c)
Other
. A
				description of other siting standards, if any, that will ensure that the
				licensing standards of these rules are met;
(4)
Site Licensing Procedures
.
				Propose the situations when a site specific license will be obtained, the
				information that will be provided to individuals storing the residual to meet
				the standards in sections 11 and 13 when storage sites are not individually
				licensed, and the notice, if any, that will be provided to the Department when
				site specific storage licenses will not be obtained;
NOTE
: More than one strategy may be appropriate
				  for a given storage program
(5)
Traffic
. A demonstration
				that the applicant meet the traffic standards in section 4(F) for sites that
				will not be individually licensed; and
(6)
Public Notice
. Proof that
				public notice of the application has been provided as required in section 2(F)
				of this chapter.