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-C - FORMS TO BE SUBMITTED FOR AUTHORIZATION THROUGH

Current through 2024-29, July 17, 2024
NOTIFICATION FOR THE BENEFICIAL USE OF EMULSIFIED
				  ASPHALT ENCAPSULATED PETROLEUM CONTAMINATED SOIL WHEN CERTIFIED BY A
				  PROFESSIONAL ENGINEER
use with beneficial uses authorized under section
				  5 of this rule
Criteria for Authorization through Notification of the
				  Beneficial Use of Emulsified Petroleum Contaminated Soil as Construction
				  Fill
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All provisions of 06-096 C.M.R. ch. 418 §
									5 must be met for this notification of
				  project certification by a professional engineer to be valid. If the answer to
				  any criterion listed below is no, then the project cannot be initiated under
				  the notification process. Please contact the Department's Division of Materials
				  Management for guidance on the type of licensing action needed.
PROJECT HAS BEEN PLANNED, DESIGNED AND WILL BE
							 IMPLEMENTED TO ACHIEVE THE FOLLOWING:
YES
NO
1. The source of the emulsified petroleum
							 contaminated soil will be a solid waste processing facility licensed by the
							 Department to produce encapsulated petroleum contaminated soil. [§
													5 ]
2. The project is a beneficial use rather than
							 disposal or discard, and all encapsulated petroleum contaminated soil
							 beneficially used will be non-hazardous by characteristic as documented through
							 characterization provided by the processing facility, and produced from
							 contaminated soil that met the definition of petroleum contaminated soil in
							 06-096 C.M.R. ch. 418 §
													1. Hazardous wastes that have been
							 treated to render them non-hazardous must be identified as such in the
							 notification package, and the professional engineer must certify that the
							 treatment used is compatible with the emulsification process. [§
													5(B)(1) ]
3. The physical and chemical properties of the
							 encapsulated petroleum contaminated soil and the material it is replacing are
							 comparable. [§
													5(B)(2) ]
4. The encapsulated petroleum contaminated soil will
							 meet or exceed any relevant and generally accepted product or engineering
							 specifications. [§
													5(B)(3) ]
5. The encapsulated petroleum contaminated soil will
							 not be placed in standing water or in a channeled drainage flow. It will not be
							 used to fill wetlands, be placed below the water table, or be allowed to wash
							 into any water of the State. [§
													5(B)(4) ]
6. All required federal, state and local approvals
							 have been obtained. [§
													5(B)(5) ]
7. Stabilized encapsulated petroleum contaminated
							 soil will be completely and permanently covered with a concrete or asphalt
							 paved surface, or a 6 inch layer of soil or other material suited to the
							 purpose of the construction. There will be no surface exposure of the
							 encapsulated petroleum contaminated soil. [§
													5(B)(6) ]
8. Any storage of encapsulated petroleum contaminated
							 soil prior to placement will be in a secure location near the project that is
							 under the control of the property owner. All excess encapsulated petroleum
							 contaminated soil and any residue will be removed from the project area upon
							 completion of the project.
[§
													5(B)(7) ]
9. The beneficial use project is not on a
							 residential, school or recreation area open to the public.
[§
													5(B)(8) ]
10. Vehicle traffic associated with delivery of
							 encapsulated petroleum contaminated soil to the project property will be
							 limited to a construction period of 1 year or less,
or
no more
							 than 16 vehicle trips per day,
or
unless the traffic associated
							 with the beneficial use project has been permitted under another chapter of the
Solid Waste Management Rules
, the
Site Location of
							 Development Law
, or by a local authority. [§
													5(B)(9) ]
11. Annual reports for the previous year will be
							 filed by February 28 for each year of the beneficial use project. The reports
							 will include both the quantity of encapsulated petroleum contaminated soil used
							 on the property and the quantity of encapsulated petroleum contaminated soil
							 stored for project use at the end of the calendar year, and verification that
							 encapsulated soil was used as certified in this notification.
12. A signed property owner agreement to comply with
							 project described in this notification is attached.
Additional Information To Be Included In This
				  Notification
1. A narrative description of the proposed use of the
				  encapsulated petroleum contaminated soil as construction fill, and a site plan
				  showing where encapsulated petroleum contaminated soil will be placed;
2. An U.S.G.S. 7.5 minute topographic map or equivalent map
				  clearly marking the project location, along with the GPS coordinates of the
				  project;
3. A cross-sectional view, with a horizontal scale of 1 inch
				  = 5 feet and a vertical scale of 1 inch = 12 inches (unless an alternative
				  scale is approved by the Department) of each location on the property where
				  encapsulated petroleum contaminated soil will be placed. The cross sections
				  must clearly indicate the location and depth of each material layer as
				  applicable (construction fill, paved surface course, other construction, etc.)
				  and be representative of the project as a whole; and
4. The amount of emulsified petroleum contaminated soil to be
				  used in the project, and the anticipated timeframe for the beneficial use
				  project including start and completion dates.
PROPERTY OWNER AGREEMENT TO COMPLY WITH CONDITIONS for
				  BENEFICIAL USE OF EMULSIFIED PETROLEUM CONTAMINATED SOILS UNDER the
				  PROFESSIONAL ENGINEER CERTIFICATION PROVISIONS
The property owner agrees to the following
				  conditions:
1.
Approval of Variations from Plans.
This
				  notification is dependent upon and limited to the proposals and plans contained
				  in the notification package submitted to the Department. Any variation from
				  these plans, proposals, and supporting documents requires submittal of a new
				  notification package prior to implementation.
2.
Compliance with All Applicable Laws.
The
				  property owner shall secure and comply with all applicable federal, state, and
				  local licenses, permits, authorizations, conditions, agreements, statutes,
				  regulations, and orders prior to or during construction and operation, as
				  appropriate.
3.
Compliance with All Terms of the Notification
				  Package.
The property owner shall submit all reports, including annual
				  reports, and information requested by the Department demonstrating compliance
				  with all provisions of the notification package submitted to the Department.
4.
Initiation of Beneficial Use Within Two
				  Years.
If the beneficial use activity is not begun within two years of
				  the Department's receipt of the notification package, the notification lapses
				  and a new notification package must be submitted to the Department.
5.
Notification Package Included in Contract
				  Bids.
A copy of the notification package submitted to the Department
				  must be included in or attached to all contract bid specifications for the
				  beneficial use project.
6.
Fees.
The project owner must comply with
				  annual reporting fee requirements of the Department's rules.
I certify under penalty of law that the description of the
				  beneficial use project on my property is true, accurate and complete, and that
				  I agree to comply with the conditions of certification listed above. I also
				  certify that I authorize the Department to enter the property that is the
				  subject of this notification package, at reasonable hours, including buildings,
				  structures or conveyances on the property, to ensure compliance with the
				  notification package.
_________________________ ______________________
Signature Date