reglab/statecodes huggingface dataset:
Code of Maine Rules › 06 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 096 - DEPARTMENT OF ENVIRONMENTAL PROTECTION - GENERAL › Chapter 382 - WIND ENERGY ACT STANDARDS › Section 096-382-4 - Shadow Flicker

Current through 2024-29, July 17, 2024
An applicant must demonstrate that the generating facilities
				  of a proposed wind energy development have been designed to avoid unreasonable
				  adverse shadow flicker effects at any occupied building located on property not
				  owned by the applicant, subject to a lease for a duration at least as long as
				  the anticipated project life, or subject to an easement for shadow flicker in
				  excess of 30 hours per year.
A. An
				applicant must submit a shadow flicker analysis based on Wind PRO, or other
				modeling software approved by the Department. The analysis must assume that all
				shadows cast by rotating turbine blades on occupied buildings are unobstructed,
				and shall not take into account any existing vegetative buffers. The shadow
				flicker analysis shall model impacts to any occupied building within one mile,
				measured horizontally, from a proposed turbine.
B. A proposed development may not result in
				shadow flicker effect occurring at an occupied building for more than 30 hours
				per calendar year. An applicant may request that this general restriction be
				waived by showing that 30 hours or less of shadow flicker per year will occur
				during times when an affected public building is in use, or where an affected
				private building is used seasonally or intermittently such that occupants will
				experience 30 hours or less of shadow flicker per year. An applicant may also
				qualify for a waiver by submitting evidence of agreements or easements with
				affected property owners in which the property owners state that they do not
				object to the projected level of shadow flicker.
C. If the shadow flicker analysis predicts
				that any occupied building will receive more than 30 hours of shadow flicker
				per calendar year, the applicant may propose mitigation measures to reduce this
				impact to 30 hours or less per calendar year.
Code of Maine Rules › 06 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 096 - DEPARTMENT OF ENVIRONMENTAL PROTECTION - GENERAL › Chapter 382 - WIND ENERGY ACT STANDARDS › Section 096-382-6 - Tangible Benefits

Current through 2024-29, July 17, 2024
An applicant must demonstrate that a proposed wind energy
				  development will establish environmental and economic improvements or benefits
				  to the citizens of Maine attributable to the construction, operation, and
				  maintenance of the proposed development. The evidence submitted in support of
				  this demonstration shall include, but is not limited to, the following.
A. The estimated number of both part-time and
				full-time jobs to be created statewide and in the host community or communities
				and affected neighboring communities as a result of the construction, operation
				and maintenance of the proposed wind energy development. This shall include
				estimates of the numbers of both permanent and temporary construction-related
				jobs, and operations and maintenance jobs; and the number of both part-time and
				full-time jobs in construction, operations and maintenance activities to be
				filled by trained, qualified and licensed workers pursuant to
				32 M.R.S.
				§1101
et seq
. and other
				applicable laws.
B. The estimated
				annual generation of electricity from wind energy by operation of the proposed
				wind energy development and the projected impact on electrical rates in the
				host community or communities. The estimated annual generation of electricity
				shall be calculated including consideration of the estimated capacity factor
				for the proposed project, site-specific wind projections, any proposed
				curtailment measures, and curtailment anticipated to be imposed by the grid
				operator.
C. The anticipated
				property tax payments from the project and the projected impact on property tax
				rates in the host community or communities.
D. Evidence of a power purchase agreement or
				other evidence demonstrating the intended sale or use of the electrical energy
				by a person other than the generator for the anticipated life of the
				project.
E. The projected effect on
				electrical rates for residents of Maine directly attributable to and expected
				from the construction, operation and maintenance of the proposed wind energy
				development.
F. If land or natural
				resource conservation is proposed as part of a Community Benefits Package, a
				plan for the proposed conservation.
G. The estimated type and amount of local
				purchases of materials and services anticipated from the construction,
				operation and maintenance of the proposed wind energy development.
H. A plan for annual post-construction
				reporting to the Department of specific tangible benefits realized from the
				construction, operation and maintenance of the proposed wind energy
				development.
I. Any other tangible
				benefits to be provided by the proposed wind energy development.
J. The community benefits package in
				accordance with
				35-A M.R.S.
				§3454(2).
Code of Maine Rules › 06 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 096 - DEPARTMENT OF ENVIRONMENTAL PROTECTION - GENERAL › Chapter 382 - WIND ENERGY ACT STANDARDS › Section 096-382-8 - Terms and conditions

Current through 2024-29, July 17, 2024
The department may, as a term or condition of approval,
				  establish any reasonable requirement to ensure that the proposed will meet the
				  standards of
				  35-A M.R.S.
				  §§3401 -
				  3459
				  and comply with this chapter.
Code of Maine Rules › 06 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 096 - DEPARTMENT OF ENVIRONMENTAL PROTECTION - GENERAL › Chapter 382 - WIND ENERGY ACT STANDARDS › Section 096-382-9 - Severability

Current through 2024-29, July 17, 2024
Should any provision of these rules be declared invalid or
				  ineffective by court decision, the decision will not invalidate any other
				  provision of these rules.
Public Laws 2007, Chapter 661, Section E-2.
Code of Maine Rules › 06 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 096 - DEPARTMENT OF ENVIRONMENTAL PROTECTION - GENERAL › Chapter 400 - GENERAL PROVISIONS › Section 096-400-1 - Definitions

Current through 2024-29, July 17, 2024
The following terms, as used in the Maine Solid Waste Laws
				  and in these rules have the following meanings, unless the context indicates
				  otherwise:
A.
Abutter.
"Abutter" for the purposes of the notice provisions of this rule, means any
				person who owns property that is both (1) contiguous to the property boundary
				and (2) within 1 mile of the facility site on which the project will take
				place, including owners of property directly across a public or private right
				of way.
B.
Active
				portion.
"Active portion" of a landfill means that part of the landfill
				or landfill cell that has not received final cover in accordance with these or
				prior rules or with Federal rules or was not closed prior to the enactment of
				any solid waste management rules.
C.
Adequately wetted
. "Adequately wetted" means
				sufficiently mixed or coated with water or an aqueous solution to prevent dust
				emissions.
C-1.
Agricultural
				composting operation.
"Agricultural composting operation" means
				composting that takes place on a farm and uses only animal manure, animal
				carcasses and offal, fish waste, leaves, wood chips, animal bedding and other
				vegetative waste, produce and other vegetable and food waste.
D.
Agricultural waste
.
				"Agricultural waste," means wastes that result from agricultural activities
				(the growing of vegetables, fruits, seeds, nursery crops, poultry, livestock,
				field crops, cultivated or pasture hay and farmlot wood products, including
				Christmas trees) that are returned to the soils as fertilizers. It includes
				waste pesticides when generated by a farmer, provided that the farmer triple
				rinses each emptied pesticide container in accordance with Departmental rules
				and disposes of the pesticide residues in a manner consistent with the disposal
				instructions on the pesticide label. It does not include any material regulated
				as a residual under 06-096 CMR 419.
E.
Agronomic rate.
"Agronomic rate" means an
				application rate of plant nutrients that is recommended to provide the optimum
				plant growth and be utilized by the crop.
F.
Agronomic utilization.
"Agronomic utilization" or
				"utilization" means the land application of residuals in a controlled manner in
				order to:
(1) 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;
(2) Otherwise improve agricultural soil
				conditions; or
(3) Provide some
				other horticultural benefit.
Code of Maine Rules › 06 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 096 - DEPARTMENT OF ENVIRONMENTAL PROTECTION - GENERAL › Chapter 400 - GENERAL PROVISIONS › Section 096-400-2 - Applicability

Current through 2024-29, July 17, 2024
It is unlawful for any person to locate, establish,
				  construct, alter, expand or operate a solid waste facility or handle solid
				  waste contrary to the Maine Solid Waste Laws and these rules.
A.
Applicability of the Rules to
				Existing Solid Waste Facilities
(1)
Licensing
. All existing solid waste facilities must be licensed
				under the previous solid waste management rules effective May 24, 1989 or under
				these rules. Pursuant to the provisions of 38 M. R. S. A. §344 (1-A),
				applications for the relicensing of existing solid waste facilities will be
				processed under the substantive rules in effect on the date the application is
				determined to be complete for processing. An existing solid waste facility
				which has been found to be contaminating ground water or classified surface
				water must demonstrate successful corrective action before a license may be
				issued pursuant to these rules.
(2)
Operating Requirements
. All existing solid waste facilities,
				including facilities previously exempted from the facility licensing
				requirements and facilities operating pursuant to a license obtained under the
				previous solid waste management rules in effect on May 24, 1989, must comply
				with the operating requirements of these rules as specified in the relevant
				facility chapter.
Code of Maine Rules › 06 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 096 - DEPARTMENT OF ENVIRONMENTAL PROTECTION - GENERAL › Chapter 400 - GENERAL PROVISIONS › Section 096-400-4 - General Licensing Criteria

Current through 2024-29, July 17, 2024
This section contains general standards applicable to the
				  licensing of solid waste facilities. This section also lists submissions
				  required of applicants for new or expanded facilities in order for the
				  Department to determine if the general licensing criteria are met. All
				  applicants must demonstrate compliance with the criteria of this section and
				  submit the listed submissions unless otherwise provided in the relevant
				  facility chapter. Required submissions for amendments, minor revisions and
				  limited permits will be determined by the Department on a case-by-case basis to
				  determine if the proposal meets the relevant general licensing criteria.
A.
Title, Right or
				Interest
(1)
Standards
.
				The applicant must demonstrate to the Department's satisfaction sufficient
				title, right or interest in all of the property which is proposed for
				development or use.
(2)
Submissions
. The applicant must submit evidence of sufficient
				title, right or interest as provided in 06-096 CMR 2, section
				11(D).
Code of Maine Rules › 06 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 096 - DEPARTMENT OF ENVIRONMENTAL PROTECTION - GENERAL › Chapter 400 - GENERAL PROVISIONS › Section 096-400-5 - Public Benefit Determination

Current through 2024-29, July 17, 2024
Pursuant to the provisions of 38 M. R. S. A. §1310- AA,
				  proposals for new or expanded solid waste disposal facilities, or for the
				  acceptance by publicly owned solid waste landfills of waste that is not waste
				  generated within the State, must be found by the Commissioner to provide a
				  substantial public benefit.
A.
Applicability.
Except as otherwise provided below, the requirements
				of this section apply to:
(1) Proposed new or
				expanded solid waste disposal facilities, other than State-owned
				facilities;
(2) State-owned solid
				waste disposal facilities, as further provided in section 5(C) below;
				and
(3) Proposed acceptance by
				publicly owned solid waste landfills of waste that is not waste generated
				within the State, as further provided in Section 5(D) below.
Code of Maine Rules › 06 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 096 - DEPARTMENT OF ENVIRONMENTAL PROTECTION - GENERAL › Chapter 400 - GENERAL PROVISIONS › Section 096-400-6 - Recycling

Current through 2024-29, July 17, 2024
Except as provided below, in order to receive a license for a
				  new or expanded solid waste disposal facility a person must receive a
				  determination by the Department that the volume of the waste and the risks
				  related to its handling and disposal have been reduced to the maximum practical
				  extent by recycling and source reduction prior to being landfilled or
				  incinerated.
A.
Applicability.
This section applies to the licensing of any new or expanded solid
				waste disposal facility, except for the following:
(1) To the extent that solid waste disposal
				contracts in effect on June 29, 1987 are inconsistent with the provisions of 38
				M. R. S. A. §1310- N(5-A)(A), those provisions apply at the expiration of
				the term of those contracts without consideration of any renewals or extensions
				of those contracts; or
(2) An
				expansion of a commercial solid waste disposal facility that accepts only
				special waste for landfilling is exempt from the requirements of this section.
Code of Maine Rules › 06 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 096 - DEPARTMENT OF ENVIRONMENTAL PROTECTION - GENERAL › Chapter 400 - GENERAL PROVISIONS › Section 096-400-7 - Host Community Agreements and Municipal Intervenor Grants

Current through 2024-29, July 17, 2024
A.
Host Community Agreements.
This subsection applies to all applications for new or expanded commercial
				solid waste disposal facility licenses.
(1)
Licensing Requirements
. An applicant for a new or expanded
				commercial solid waste disposal facility license shall demonstrate one of the
				following:
(a) The applicant is complying
				with municipal ordinances requiring host community benefits;
(b) The applicant has negotiated in good
				faith, including mediation and binding arbitration if appropriate, with the
				municipality(ies) in which the facility is proposed to be located to formulate
				a host community agreement;
(c) The
				applicant has developed and will implement a host community agreement;
				or
(d) The applicant has
				renegotiated, if appropriate, the terms of an existing host community
				agreement.
Code of Maine Rules › 06 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 096 - DEPARTMENT OF ENVIRONMENTAL PROTECTION - GENERAL › Chapter 400 - GENERAL PROVISIONS › Section 096-400-8 - Right of Entry

Current through 2024-29, July 17, 2024
Pursuant to 38 M. R. S. A. §§347-C and 1304 (4-A),
				  any duly authorized agent or employee of the Department, upon presentation of
				  appropriate credentials, may enter any property at reasonable hours and may
				  enter any building with the consent of the property owner, occupant or agent in
				  order to:
A.  Inspect the property
				and/or inspect or obtain samples of any solid waste including samples from any
				conveyance in which solid waste is being or has been transported, as well as
				samples of any containers or labels;
B.
				 Inspect and copy any records, reports, information or test
				results required by license or rule relating to solid waste;
C.  Take photographs or measurements of any
				solid waste facility;
D.  Obtain
				samples of the materials of construction; or
E.
				 Conduct environmental monitoring.
Code of Maine Rules › 06 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 096 - DEPARTMENT OF ENVIRONMENTAL PROTECTION - GENERAL › Chapter 400 - GENERAL PROVISIONS › Section 096-400-9 - Hazardous And Special Waste Handling And Exclusion Plan

Current through 2024-29, July 17, 2024
A.
Standard.
Only wastes permitted by Department order
				may be accepted for handling at a solid waste facility. The operator shall
				comply with all applicable Federal and State laws regarding the detection,
				identification, handling, storage, transportation and disposal of special
				wastes, biomedical wastes and hazardous wastes.
Unless exempted by other sections of these rules, the
				  operator shall develop and implement a Hazardous and Special Waste Handling and
				  Exclusion Plan for the detection, identification, handling, storage,
				  transportation and disposal of any and all wastes that may be delivered to the
				  facility.
B.
Submissions.
A Hazardous and Special Waste Handling and Exclusion Plan
				for a facility must be submitted to the Department for review and approval
				prior to implementation. At a minimum, the plan must include the following
				information:
(1)
Detection
(a) A description of the wastes to be
				received and the methods to be used for detection, identification, handling,
				storage, and transportation of unpermitted special and hazardous wastes
				delivered to the solid waste facility; and also, for solid waste facilities
				that are not generator-owned, all of below;
(b) A description of surveillance equipment
				and materials to be used in the detection and identification of special and
				hazardous wastes at the facility and an evaluation of personnel safety
				equipment and measures to be used;
(c) Procedures for conducting random
				inspections of incoming loads of solid waste and preparing reports on the
				inspections; and
(d) A plan of the
				facility site showing the location, size, design, and construction of an
				interim storage area for any unpermitted special and hazardous wastes that may
				be delivered to the facility.
Code of Maine Rules › 06 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 096 - DEPARTMENT OF ENVIRONMENTAL PROTECTION - GENERAL › Chapter 400 - GENERAL PROVISIONS › Section 096-400-12 - Criminal or Civil Record

Current through 2024-29, July 17, 2024
The Department may refuse to grant, or approve the transfer
				  of, a license for a solid waste facility or activity if it finds that the owner
				  or the operator or any person having a legal interest in the applicant or the
				  facility has been convicted of any criminal law or adjudicated or otherwise
				  found to have committed any civil violation of environmental laws or rules of
				  the State, other states, the United States, or another country. Such an
				  adjudication or finding can be by means of a court order or consent decree, or
				  by means of an administrative order or agreement.
A.
Full Disclosure
(1)
Persons
. All applicants for
				a new or amended license, or transfer of a solid waste license, shall submit,
				at the time of application, a disclosure statement with the Department
				containing information about the following persons:
(a) The individual applicant; or
(b) If the applicant is a business entity:
(i) Any officers, directors, and
				partners;
(ii) All other persons or
				business concerns, having managerial or executive authority and holding more
				than 5 percent of the equity in or debt of that business unless the debt is
				held by a chartered lending institution;
(iii) All other persons or business concerns
				other than a chartered lending institution having a 25 percent or greater
				financial interest in the applicant; and
(iv) The managerial person with operational
				responsibility for the facility or activity; or
(c) If the applicant is a public entity, all
				persons having managerial or executive authority over the solid waste facility
				or activity.
Code of Maine Rules › 06 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 096 - DEPARTMENT OF ENVIRONMENTAL PROTECTION - GENERAL › Chapter 401 - LANDFILL SITING, DESIGN, AND OPERATION › Section 096-401-2 - Application Requirements

Current through 2024-29, July 17, 2024
Landfill applications must include all information necessary
				  to address the requirements of 06-096 CMR ch. 400 and this Chapter. The
				  applicant must receive a positive determination of public benefit, if subject
				  to
				  38 M.R.S.A.
				  §1310-AA, and written comments on its
				  PIR from the Department prior to submitting an application to license a
				  landfill. The submission must include all pertinent data and calculations. An
				  application will be accepted as complete for processing when the Department
				  determines that the entire application fee has been received, that the
				  application form is properly filled out, and that information is provided for
				  each of the items required by the forms.
A.
General Information
(1)
Site and Surroundings Map
.
				The application shall include a map, or series of maps, at a scale of 1 inch =
				500 feet, or larger engineering scale, showing the facility site in relation to
				existing surrounding natural and man-made features. The maps must include the
				area within 2000 feet of the perimeter of the facility site, and must clearly
				show the location of the proposed solid waste boundary, waste handling areas,
				and the property boundary. It must also show all flood plain boundaries, lakes,
				ponds, springs, streams, surface water diversions, wells (differentiate between
				public water, domestic, industrial and other), utilities, public water supply
				watershed areas, wellhead protection areas, significant sand and gravel
				aquifers, federally-defined wetlands, 10 foot contour interval lines, existing
				buildings or structures, roads, recorded rights-of-way, conservation areas,
				unique areas, historic sites, and local zoning.
(a) Existing contour maps such as those
				prepared by the U.S. Geological Survey or provided from municipal government
				sources may be enlarged and utilized, if sufficiently accurate to clearly
				locate the features listed above.
(b) Ground-controlled photogrammetric maps
				are required to support ground water flow modeling used to evaluate ground
				water flow and contaminant transport analysis, as appropriate.
Code of Maine Rules › 06 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 096 - DEPARTMENT OF ENVIRONMENTAL PROTECTION - GENERAL › Chapter 401 - LANDFILL SITING, DESIGN, AND OPERATION › Section 096-401-3 - Landfill Construction

Current through 2024-29, July 17, 2024
Licensees must comply with the following requirements during
				  construction:
A.
Pre-Construction Conference.
Unless waived by the Department, a
				pre-construction conference between the licensee and/or the agents of the
				licensee and Department staff is required. A licensee shall give the Department
				written notice of the pre-construction conference schedule at least 7 days
				prior to the conference unless a different time frame is approved by the
				Department.
B.
Quality
				Assurance Plan.
The Quality Assurance Plan (QAP) must be implemented at
				the beginning of construction. Construction Quality Assurance (CQA) shall
				include continuous site inspections by the CQA personnel. Geosynthetics and
				barrier soil layers must be inspected, tested, and certified by qualified CQA
				personnel separate from the owner/operator and contractor.
(1) For the purposes of this subsection,
				separate from the owner/operator means CQA personnel not in the direct
				employment of the owner/operator. Direct employment of the owner/operator does
				not include CQA personnel employed by a company under a contractual
				relationship with the owner/operator, provided that the CQA personnel are
				employed by a company that:
(a) Offers and
				performs quality assurance services for other companies not affiliated with the
				owner/operator; and
(b) Has a
				management structure that exists and operates separately from the
				owner/operator, such that the CQA personnel are not directly compensated by,
				and are completely free of any direct reporting obligation to, the
				owner/operator.
Code of Maine Rules › 06 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 096 - DEPARTMENT OF ENVIRONMENTAL PROTECTION - GENERAL › Chapter 401 - LANDFILL SITING, DESIGN, AND OPERATION › Section 096-401-4 - Landfill Operations

Current through 2024-29, July 17, 2024
A.
Operations
				Manual.
The landfill operator shall prepare and maintain an operations
				manual of current policies and procedures for the landfill.
(1)
Revised Operations Manual
.
				Prior to commencement of operations of a new or expanded landfill, the
				operations manual provided with the application pursuant to section 2(L) must
				be revised to reflect any changes which occur during the landfill licensing and
				construction processes. All existing landfills, other than
				construction/demolition, landclearing debris and wood waste landfills less than
				6 acres in size, must submit a revised operations manual in conformance with
				this section to the Department for review and approval as part of the annual
				report due in 1999. These facilities must comply with the operating
				requirements of this section no later than 90 days after receiving Departmental
				approval of the revised operations manual.
(2)
Certified Copies
. The
				landfill operator shall issue certified copies of the operations manual being
				used at the landfill to the Department and to key operating and management
				personnel of the landfill. In addition, a certified copy must be available for
				use at the facility at all times. The landfill operator is responsible for
				providing timely updates to all certified copies, distributing certified copies
				to individuals whose job assignments require them, and making and distributing
				changes to policies and procedures to the certified copies as they are
				implemented.
(3)
Contents
. The operations manual must include the information
				necessary to enable supervisory and operating personnel, and persons evaluating
				the operation of the landfill, to determine the sequence of operation, policies
				and procedures, and monitoring, maintenance, inspection, and legal requirements
				that must be followed for safe, orderly and environmentally sound operation on
				a daily, yearly, and life cycle basis. The operations manual must address each
				of the areas identified in this section. Legible copies of the record drawings
				must be included in the operations manual or must be readily accessible to
				operating personnel.
(4)
Annual Review
. The operations manual must be reviewed annually by
				the operator and updated as necessary.
(5)
Training
. The landfill
				operator shall familiarize operating personnel with relevant sections of the
				operations manual. For new landfills or expansions of existing landfills, the
				landfill owner or operator must demonstrate compliance with the training
				requirements in section 4(B) prior to commencing landfill operations. For
				existing landfills, the landfill owner or operator must demonstrate compliance
				with the training provisions for key personnel within two years of the
				effective date of these rules.
Code of Maine Rules › 06 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 096 - DEPARTMENT OF ENVIRONMENTAL PROTECTION - GENERAL › Chapter 401 - LANDFILL SITING, DESIGN, AND OPERATION › Section 096-401-5 - Landfill Closure

Current through 2024-29, July 17, 2024
Any person proposing to close a landfill shall furnish the
				  Department with a complete application addressing all applicable requirements
				  of this section, section
				  6, and 06-096 C MR ch. 400.
A.
Applicability
.
This section applies to all
				existing landfills, including those landfills approved for phased cell closure
				during the life of the landfill, except for the following:
(1) Landfills which qualify for closure under
				the reduced closure procedure of 38 M.R.S.A. §1310-E-1(2) or the
				alternative closure procedure of §1310 E-1(3); or
(2) Landfills regulated under the provisions
				of section 7 of this Chapter.
Code of Maine Rules › 06 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 096 - DEPARTMENT OF ENVIRONMENTAL PROTECTION - GENERAL › Chapter 401 - LANDFILL SITING, DESIGN, AND OPERATION › Section 096-401-7 - Special Requirements for Licensing of Small Construction/Demolition Debris, Land Clearing Debris, and Wood Waste Landfills

Current through 2024-29, July 17, 2024
A.
Applicability.
This Section
				applies to landfills that meet all of the following conditions:
(1) The landfill is operated solely for the
				disposal of construction/demolition debris, land clearing debris and/or wood
				waste, with incidental amounts of treatment plant grit, car wash basin grit,
				storm sewer grit, sediment materials removed from stormwater control
				structures, and ash from any permitted on-site burn pile;
(2) The area within the solid waste boundary
				is smaller than 6 acres;
(3) The
				landfill is located so that none of the siting criteria in section 7(D)(2)
				prohibit development; and
(4) The
				facility meets the general facility standards of this section.
If any one of these conditions is not met, review and
				  approval under the previous sections of this Chapter is required.
Code of Maine Rules › 06 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 096 - DEPARTMENT OF ENVIRONMENTAL PROTECTION - GENERAL › Chapter 401 - LANDFILL SITING, DESIGN, AND OPERATION › Section 096-401-8 - Permit-By-Rule for Cull Potato Disposal

Current through 2024-29, July 17, 2024
The permit-by-rule provisions of this section shall apply to
				  the disposal by burial of cull potatoes that meet all of the standards of this
				  section. Any burial which does not conform to all of these standards, or which
				  involves any waste other than cull potatoes or inert fill, will require formal
				  application to the Department for a license to develop and operate a solid
				  waste disposal facility under sections 1-6. The Department assumes that the
				  burial of cull potatoes in strict conformity with these permit-by-rule
				  provisions will meet the standards of 06-096 CMR ch. 400, section
				  4. The burial of cull potatoes
				  licensed under this section is exempt from the requirements of 06 -096 CMR ch. 400, sections 6,
				  7, 9, 10, and 11. No variances to the
				  requirements of this section may be granted.
A.
Notification Requirements.
At
				least 5 working days prior to initiating burial of cull potatoes, the applicant
				shall submit to the Department a permit-by-rule notification of the cull potato
				burial, on a form provided by the Department.
Between June 10 and October 1 of any year, the 5 working day
				  notice requirement may be waived if the person responsible for the cull potato
				  burial hand delivers a completed permit-by-rule notification to the Department,
				  Division of Solid Waste, and staff determine that all the provisions of this
				  section are met and authorize the burial.
The notification must include:
(1) A notice and statement of intent to
				dispose of cull potatoes on land either owned by the farmer who is responsible
				for growing the crop which produced the cull potatoes or owned by a person
				granting written permission for burial of cull potatoes. The notice and
				statement must give the name of the property owner, the road and map location
				of the proposed burial site, and, if the land is not owned by the farmer
				responsible for growing the cull potatoes, a statement signed by the property
				owner that no monetary remuneration will be received in exchange for permission
				to bury cull potatoes at the site.
(2) A statement signed by the person
				responsible for the burial of the cull potatoes that the burial of cull
				potatoes will conform with the requirements of this section.
(3) A copy of the public notice provided
				pursuant to subsection B below.
NOTE
: In an emergency, Department staff can be
				  contacted on weekends and holidays through the spill response hotline -
				  1-800-482-0777.
Code of Maine Rules › 06 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 096 - DEPARTMENT OF ENVIRONMENTAL PROTECTION - GENERAL › Chapter 402 - SOLID WASTE MANAGEMENT RULES: TRANSFER STATIONS AND STORAGE SITES FOR SOLID WASTE › Section 096-402-1 - General Requirements for the Storage of Solid Waste

Current through 2024-29, July 17, 2024
A.
Applicability.
This Chapter
				applies to sites that store solid waste, including transfer stations, tire
				storage sites and storage sites at wood products facilities, except that the
				storage of solid waste at processing facilities is regulated under 06-096 CMR
				ch. 409, the storage of waste or waste derived products at a beneficial use
				site for less than 90 days is regulated under 06-096 CMR ch. 418, and the
				storage of residuals prior to agronomic utilization is regulated under 06-096
				CMR ch. 419.
(1)
Existing storage
				sites
. All existing sites that store solid waste must meet the
				applicable operating requirements of these rules.
(2)
New storage sites
. A license
				is required to site, construct or operate any new storage site unless that
				facility is exempt from licensing under these rules. The on-site storage of
				solid waste at landfills licensed under sections 1 through 6 of 06-096 CMR ch.
				401 and incinerators licensed under 06-096 CMR ch. 403 does not require a
				separate license under this chapter provided the siting and design standards
				and operating requirements of 06-096 CMR ch. 402 are met and addressed in the
				current license for the facilities.
A separate license under this chapter is required for all
				  other new solid waste storage sites, including, but not limited to:
(a) Transfer stations (pursuant to sections 2
				through 5);
(b) Storage sites,
				including those located on the same parcel of property as a small construction
				or demolition debris, land clearing debris, or wood waste landfill licensed
				under 06-096 CMR ch. 401, section 7 (pursuant to sections 2 through
				5);
(c) Wood waste storage sites at
				wood products facilities (pursuant to section 6);
(d) Tire storage areas other than at transfer
				stations (pursuant to section 7); and
(e) Unless established for less than 90 days
				and regulated under 06-096 CMR ch. 418, storage sites for waste or waste
				derived products to be beneficially used (pursuant to sections 2 through 5, 6
				or 7).
(3) To the extent
				different siting requirements for storage sites are established in the
				applicable chapter, those requirements shall control.
Code of Maine Rules › 06 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 096 - DEPARTMENT OF ENVIRONMENTAL PROTECTION - GENERAL › Chapter 402 - SOLID WASTE MANAGEMENT RULES: TRANSFER STATIONS AND STORAGE SITES FOR SOLID WASTE › Section 096-402-2 - Licensing of New Transfer Stations or Storage Sites, or Alterations of Existing Facilities

Current through 2024-29, July 17, 2024
Except for those facilities that qualify for a license under
				  sections
				  3,
				  6 or
				  7, applicants proposing to establish a
				  new transfer station or storage site or to alter an existing transfer station
				  or storage site shall obtain a license pursuant to this section and 06-096 CMR
				  ch. 400, section
				  4.
A.
Transfer Station or Storage Site
				Siting Requirements
(1) Located on the
				mainland or on an island connected to the mainland by a road. All transfer
				stations or storage sites regulated by this section and located on the mainland
				or on an island connected to the mainland by a road shall meet the following
				siting requirements:
(a)
Proximity to
				solid waste disposal facility boundaries
. A storage site or transfer
				station and its associated structures must not be located within 100 feet of
				the solid waste boundary of an active, inactive or closed solid waste disposal
				facility.
(b)
Setbacks
. The following setbacks must be maintained:
(i) The waste handling area must not lie
				closer than 500 feet to the nearest residence in existence at the time the
				application is filed.
(ii) There
				must be a minimum of a 100 foot setback between the waste handling area and all
				public roads.
(iii) The waste
				handling area of a transfer station or storage site that does not handle
				municipal solid waste must not be within 100 feet of an abutting property
				boundary.
(iv) The waste handling
				area of a transfer station or storage site that handles municipal solid waste
				must not be within 250 feet of an abutting property boundary unless:
a. Using the form provided as Appendix A of
				this chapter, the applicant obtains the written permission of all property
				owners within 250 feet of the proposed waste handling area, whether or not
				their property abuts the property proposed to contain the transfer station, or
b. The Department finds the use of
				the abutting property to be compatible with the operation of a transfer station
				or storage site at the proposed location, and the proposed waste handling area
				is not placed within 250 feet of any permanent structure on an abutting
				property existing at the time the application is submitted.
Code of Maine Rules › 06 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 096 - DEPARTMENT OF ENVIRONMENTAL PROTECTION - GENERAL › Chapter 402 - SOLID WASTE MANAGEMENT RULES: TRANSFER STATIONS AND STORAGE SITES FOR SOLID WASTE › Section 096-402-3 - Reduced Procedures For Selected New Transfer Stations Or Storage Sites

Current through 2024-29, July 17, 2024
A.
Applicability
(1)
New transfer stations or storage
				sites
. This section applies to new transfer stations or storage sites
				that meet all of the following conditions:
(a) The waste handling area is less than 2
				acres,
(b) Only household and
				commercial waste is handled, and
(c) The transfer station or storage site is
				sited and designed in accordance with the requirements of this section, and
				operated in accordance with section 4.
Failure to meet any of these conditions will require formal
				  application to the Department for a license to develop and operate the transfer
				  station or storage site under section 2.
Code of Maine Rules › 06 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 096 - DEPARTMENT OF ENVIRONMENTAL PROTECTION - GENERAL › Chapter 402 - SOLID WASTE MANAGEMENT RULES: TRANSFER STATIONS AND STORAGE SITES FOR SOLID WASTE › Section 096-402-4 - Operating Requirements for All Transfer Stations and Storage Sites, and Storage of Solid Waste at Solid Waste Facilities Licensed Under Other Chapters

Current through 2024-29, July 17, 2024
All new and existing transfer stations or storage sites, and
				  storage areas at solid waste facilities licensed under these rules, shall
				  comply with the operating requirements of this section, unless the storage area
				  is regulated under 06-096 CMR ch. 409, 418, 419, or sections
				  6 or
				  7, which contain separate operating
				  requirements.
Each transfer station or storage site must be operated so
				  that it does not contaminate ground or surface water.
A.
Operations manual
(1) An applicant shall prepare and maintain
				an operations manual of current policies and procedures. The operations manual
				must address all of the operating requirements in this section and is subject
				to review and approval by the Department. The manual must be included as part
				of the application. For storage areas at solid waste facilities licensed under
				other chapters of these rules, the requirements of this section must be
				incorporated into the facility's operations manual.
(2) The operations manual must include the
				information that would enable supervisory and operating personnel, and persons
				evaluating the operation of the facility, to determine the sequence of
				operation, policies and procedures, monitoring, maintenance, inspection and
				legal requirements that must be followed for safe, orderly and environmentally
				sound operation on a daily and yearly basis.
(3) The operator shall take whatever measures
				are necessary to familiarize all personnel responsible for operation of the
				facility with relevant sections of the operations manual.
(4) A hazardous and special waste handling
				and exclusion plan shall be developed and implemented in accordance with the
				requirements of 06-096 CMR ch. 400, section 9.
Additionally, a facility that provides wood for the
				  production of biomass fuel, compost or mulch, must describe in the plan how the
				  facility will inspect, separate from wood for beneficial use and handle wood
				  treated with arsenic or pentachlorophenol from its arrival at the facility to
				  its delivery to a disposal facility.
NOTE
: A facility that does not separate wood for
				  the production of biomass fuel, compost or mulch and disposes of all waste
				  wood, is not required to modify its hazardous and special waste handling and
				  exclusion plan.
A template for a hazardous and special waste handling and
				  exclusion plan is attached as Appendix A to 06-096 CMR ch. 400.
(5) A current copy of the
				operations manual must be available for inspection at the transfer station or
				storage site at all times.
Code of Maine Rules › 06 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 096 - DEPARTMENT OF ENVIRONMENTAL PROTECTION - GENERAL › Chapter 402 - SOLID WASTE MANAGEMENT RULES: TRANSFER STATIONS AND STORAGE SITES FOR SOLID WASTE › Section 096-402-5 - Annual Reporting Requirements for All Transfer Stations and Storage Sites

Current through 2024-29, July 17, 2024
Unless exempted by these rules, or required by annual
				  reporting requirements in another chapter, an annual report and fee for a
				  transfer station or storage site must be submitted to the Department for review
				  and approval in accordance with the requirements of 06-096 CMR ch. 400, section
				  3(E), using the form
				  attached as Appendix B of this chapter. The annual report must include a
				  comprehensive review and report of activities at and affecting the transfer
				  station or storage site during the previous year.
NOTE
: Wood waste storage at wood products
				  facilities licensed under section
				  6 and tire storage sites licensed
				  under section
				  7 are not required to file annual
				  reports unless specifically required to through a license condition.
A.
General.
The annual report
				must include a summary of activity at the transfer station or storage site
				during the past year, and a discussion of any factors, either at the transfer
				station or storage site, or elsewhere, which affected the operation, design, or
				environmental monitoring program of the transfer station or storage
				site.
B.
Operations
(1) The annual report must document minor
				changes to the operation of the transfer station or storage site not requiring
				departmental approval that have occurred during the reporting year. Also, minor
				operating changes proposed to be changed in the current year may be described
				in the annual report. Changes handled in this manner are those that do not
				require licensing under minor revisions or amendment provisions of 06-096 CMR
				ch. 400.
(2) A summary of responses
				to spills, fires, accidents and unusual events that occurred at the transfer
				station or storage site during the last year.
(3) Copies of reports prepared in accordance
				with the transfer station or storage site's Hazardous and Special Waste
				Handling and Exclusion Plan.
(4) If
				the transfer station or storage site utilizes one or more base pads for the
				storage of non-containerized solid wastes, verification that 2 feet of till
				soil remains between the waste, and seasonal high water and bedrock. If the
				separation depth is found to be less than 2 feet, sufficient material must be
				brought in to recreate the necessary separation. Verification may consist of a
				statement from the transfer station or storage site owner/operator that the
				separation is at least 2 feet, or the results of a field investigation or
				survey of the facility.
Code of Maine Rules › 06 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 096 - DEPARTMENT OF ENVIRONMENTAL PROTECTION - GENERAL › Chapter 402 - SOLID WASTE MANAGEMENT RULES: TRANSFER STATIONS AND STORAGE SITES FOR SOLID WASTE › Section 096-402-6 - Reduced Procedure and Permit-by-Rule Licensing of Wood Waste Storage Areas at Wood Products Facilities

Current through 2024-29, July 17, 2024
A.
Applicability.
This section applies to new and existing storage areas
				that meet all of the following conditions:
(1) The storage area is located at an active
				wood products facility,
(2) Only
				wood waste is stored,
(3) The wood
				waste is generated on-site, and
(4)
				The wood waste is stored for an identifiable commercial or other use.
If any of these conditions is not met, review and approval
				  under section 2 is required.
NOTE
: Section 1 includes exemptions for the
				  separate storage of a 12-month or less supply of wood waste under specific
				  conditions.
Code of Maine Rules › 06 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 096 - DEPARTMENT OF ENVIRONMENTAL PROTECTION - GENERAL › Chapter 402 - SOLID WASTE MANAGEMENT RULES: TRANSFER STATIONS AND STORAGE SITES FOR SOLID WASTE › Section 096-402-7 - Procedures for Licensing and Operating Tire Storage at Sites Other Than Transfer Stations or Tire Processing Facilities

Current through 2024-29, July 17, 2024
A.
Applicability.
This section applies to new and existing areas
				established only for the storage of tires. If any other solid waste is stored
				on the property containing the tire storage area(s), review and approval under
				section 2 or 3 is required. Storage of tires at tire processing facilities is
				regulated under sections 2 through 4 of 06-096 CMR ch. 409.
B. (Reserved)
C.
Permit-by-Rule Notification
				Requirements for Small Tire Storage Areas at Licensed Automobile Recycling
				Businesses.
The permit-by-rule provisions of this subsection shall apply
				to automobile recycling businesses as defined in 30-A M.R.S.A. §3752
				holding a valid local permit issued in accordance with 30-A M.R.S.A.
				§3755-A, where the total area for tire storage will not be greater than
				10,000 square feet and the height of the storage area(s) will be less than 10
				feet. Failure to meet all of these conditions will require formal application
				to the Department for a license to develop and operate the tire storage area(s)
				under section 7(D) or 7(E), or section 2. The Department assumes the storage of
				tires in strict conformity with these permit-by-rule provisions will meet the
				standards of 06-096 CMR ch. 400, section 4 because of their similarity to the
				criteria required to be reviewed by 30-A M.R.S.A. §3755-A. No variances to
				the requirements of this subsection may be granted.
All tire storage areas licensed under this subsection must
				  be operated in accordance with operational criteria set by the municipality in
				  which the auto recycling business is located. Each tire storage area must be
				  operated so that it does not contaminate ground or surface water.
At least 24 days before commencement of any construction or
				  operation of the storage area, the applicant shall submit to the Department a
				  permit-by-rule notification on a form provided by the Department. Public notice
				  of the filing of this type of permit-by-rule in accordance with 06-096 CMR ch.
				  400, section 3(B)(1)(c) is not required. This notification must include:
(1) A copy of a valid permit issued by the
				municipality in which the automobile recycling business is located;
				and
(2) A copy of the application
				approved by the municipality.
(3) A
				statement signed by the applicant that the tire storage area(s) will conform
				with the requirements of this subsection.
(4) The appropriate application
				fee.