Code of Maine Rules › 06 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 096 - DEPARTMENT OF ENVIRONMENTAL PROTECTION - GENERAL › Chapter 854 - STANDARDS FOR HAZARDOUS WASTE FACILITIES › Section 096-854-9 - Additional Standards for Hazardous Waste Surface Impoundments

Current through 2024-29, July 17, 2024
A.
Performance Standards.
A
				hazardous waste surface impoundment which is existing, new or laterally
				expanded must be established, constructed, altered and operated to meet the
				following performance standards:
(1) A
				surface impoundment must be designed, constructed, and installed to prevent any
				migration of wastes out of the impoundment to the adjacent subsurface soil or
				ground water or surface water at any time during the life, including the
				post-closure period, of the impoundment.
(2) An impounded hazardous waste or
				constituent or derivative thereof must not appear in ground water or surface
				water at a concentration above background level, or above current public health
				drinking water standards for Maine, including the "Maine CDC Maximum Exposure
				Guidelines (MEGs) for Drinking Water, December 31, 2016", or standards for
				aquatic toxicity, whichever is most stringent. Background levels must be those
				established by the preconstruction analysis required by 06-096 C.M.R. ch. 856,
				§
										10(C)(10)(g) or of
				the upgradient monitoring well required by Section
				8(D)(1) of this
				Chapter, whichever is lower.
NOTE: Drinking water and aquatic toxicity standards are
				  obtained from current manuals including but not limited to: State of Maine
				  Rules of the Department of Health and Human Services relating to Drinking
				  Water; "Maine CDC Maximum Exposure Guidelines (MEGs) for Drinking Water,
				  December 31, 2016"; "Drinking Water and Health" published by the National
				  Research Council; "Suggested No-Adverse Response Levels (SNARLs)" as determined
				  by the Environmental Protection Agency; "Ambient Water Quality Criteria"
				  manuals, published by the Environmental Protection Agency.
(3) An impounded hazardous waste or
				constituent or derivative thereof must not appear in the atmosphere in
				concentrations significantly above the background level or exceed current
				ambient air quality standards for Maine at any time. Background levels must be
				established by monitoring or demonstrated to have been previously established
				by monitoring.
(4) An applicant
				seeking a license to treat hazardous waste in a surface impoundment must
				demonstrate to the satisfaction of the Board that:
(a) The waste is capable of being treated in
				a surface impoundment using the process proposed, based upon a trial test (a
				bench or small-scale pilot test) that determines the treatment technique, its
				effectiveness, and any limiting factors;
(b) The design measures and operating
				procedures will maximize the success of the treatment;
(c) The facility design and components are
				compatible with the hazardous waste and the treatment process; and
(d) The treatment process can and will be
				controlled at all times so as to prevent uncontrolled releases of hazardous
				waste or its constituents or derivatives and to protect the public health and
				safety and the environment.