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 096-419-8 - Permit-by-Rule Program License for the Utilization of Composted Residuals

Current through 2024-29, July 17, 2024
A.
Applicability.
The
				permit-by-rule licensing provisions of this section shall apply to the
				distribution for utilization in Maine of residuals other than Type II residuals
				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 license to
				distribute composted residuals under sections 2 through 7 of this chapter. The
				Department assumes that the distribution of composted residuals in strict
				conformity with these permit-by-rule provisions will meet the standards of
				06-096 CMR ch. 400, section 4 and the standards in section 2 through 6 of this
				chapter. No variances to the requirements of this section may be granted.
NOTE
: 38 M.R.S.A. §1304(18) prohibits the
				  Department from licensing the utilization and distribution of compost derived
				  from Type II residuals under the permit-by-rule provisions of this section. See
				  06-096 CMR ch. 400 for a full definition of residual types. Type IA residuals
				  are leaf, vegetative and other residuals with a C:N ratio of greater than 25:1.
				  Type IB residuals are food and other residuals with a C:N ratio of between 25:1
				  to 15:1. Type IC residuals are fish and other residuals with a C:N ratio of
				  less than 15:1. C:N refers to the ratio of available carbon to nitrogen of the
				  raw residual prior to composting. See Appendix 410 A for a list of typical C:N
				  ratios for various residuals. Type II residuals are sewage sludge, septage, and
				  other residuals that may contain human pathogens. Type III residuals are
				  petroleum contaminated soils and other residuals that may contain hazardous
				  substances above the risk based standards in 06-096 CMR ch. 418, Appendix
				  A.
B.
Standards
(1)
Composting
.
				The residual must be composted prior to distribution for utilization.
(2)
Sampling
. Sampling must be
				done in accordance with 06-096 CMR ch. 405, section 6(D).
NOTE
: Metals and other hazardous substances must
				  only be measured if, based on the nature of the residuals processed and other
				  appropriate factors, the Department determines that there is a potential for
				  these constituents to be in the compost at levels that could pose a risk to
				  human health or the environment.
(3)
Heavy Metal Standards
(a) Monthly concentrations of metals in the
				compost must be less than the concentrations in table 419.3, column A if the
				metals are derived from sewage sludge or dewatered septage.
(b) Monthly concentrations of metals in the
				compost must be less than the concentrations in table 419.5, column A, if the
				metals are derived from a Type III residual.
NOTE
: This does not necessarily mean that
				  compost needs to be analyzed monthly for heavy metals. See 06-096 CMR ch. 405,
				  section 6 for determining frequencies.
(4)
Hazardous Substances
. For
				compost made from Type III residuals, concentrations of hazardous substances
				other than heavy metals in the compost are less than the screening standards in
				06-096 CMR ch. 418, Appendix A.
(5)
Sharps and Synthetic Objects
. The residual contains less than
				0.05% by weight, of synthetic objects, and contains less than one sharp object,
				such as broken glass, nails or needles, per 10 tons of residual based on visual
				inspection.
(6)
Compost
				Stability
. The stability class of the compost must be measured and the
				generator must distribute information to compost users on the appropriate uses
				of the compost, based in part on the compost's stability.
(7)
Salt Content
. For compost
				with a salt content greater than 2 mmhos/cm, the generator must distribute
				information to compost users on the appropriate uses of the compost based in
				part on the salt content of the material.
(8)
Agronomic Utilization
. The
				compost must be distributed for agronomic utilization and each ingredient in
				the compost must add to the agronomic benefit of the mix as a whole.
(9)
Record Keeping and
				Reporting
. The generator will keep records and file an annual report of
				the volume of compost distributed in Maine each year in accordance with section
				6 of this chapter.