Code of Maine Rules › 06 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 096 - DEPARTMENT OF ENVIRONMENTAL PROTECTION - GENERAL › Chapter 418 - BENEFICIAL USE OF SOLID WASTES › Section 096-418-2 - Beneficial Use Activities Subject to the Requirements of this Rule

Current through 2024-29, July 17, 2024
A.
Applicability
. Unless
				exempted from regulation under section
				3 of this rule or a project certified
				by a Professional Engineer through the notification provisions of section
				5 of this rule, any generator,
				processor, industrial or manufacturing facility or other person proposing to
				beneficially use secondary material other than in agronomic utilization must
				obtain a license pursuant to the applicable provisions of 06-096 C.M.R. ch. 400
				(
General Provisions)
, and this rule. The secondary material
				may be a product having solid waste as a constituent. When a solid waste
				processing, industrial or manufacturing facility is licensed to beneficially
				use a secondary material for fuel, raw material substitution, or as a
				construction material, the generator supplying the secondary material to that
				licensed facility is not required to obtain a beneficial use license under the
				provisions of this rule.
Beneficial use activities approved pursuant to this rule do
				  not constitute disposal as defined in these rules. However, for the purposes of
				  this rule, the placement of any waste in a landfill (e.g. the use of processing
				  residues or ash as alternative daily cover, shaping or grading material)
				  constitutes disposal rather than beneficial use and must be approved by the
				  Department in accordance with the provisions of 06-096 C.M.R. ch. 401
(Landfill Siting, Design, and Operation)
. Except, use of a
				  waste or waste-derived product that is purchased by a licensee for a specific
				  construction purpose at a landfill does not constitute disposal, provided the
				  waste is not otherwise delivered for placement in the landfill. Waste used in
				  landfill construction in this manner must be approved in accordance with the
				  provisions of 06-096 C.M.R. ch. 401 as an element of the landfill construction
				  specifications; a beneficial use license is not required.
Beneficial uses of secondary materials regulated by this
				  rule include, but are not limited to, use in an industrial or manufacturing
				  process, use as construction fill, or use as fuel. The following is a
				  non-exclusive list of examples of beneficial use activities:
(1) Use of chipped tires in road construction
				or retaining wall backfill;
(2)
				Facilities substituting secondary material for fossil or biomass fuel in a
				boiler;
(3) Industrial,
				manufacturing or processing facilities substituting secondary material for
				virgin material;
(4) Use of
				secondary material as construction fill (e.g. emulsified asphalt encapsulated
				contaminated soil and dredge material);
(5) Use of multi-fuel ash in road
				construction or flowable fill. As used in this rule, multi-fuel ash refers to
				the ash generated from combustion of the following fuels: wood, paper, pulp and
				paper sludge, coal, oil, and tire chips; and,
(6) Cement kilns substituting secondary
				material for virgin material or for fuel.