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 096-419-7 - Application Requirements for Residual Utilization

Current through 2024-29, July 17, 2024
Any generator seeking to undertake a utilization activity
				  shall provide information sufficient to demonstrate that the standards of
				  sections
				  3 and
				  4 of this chapter have been met. The
				  generator shall submit to the Department, on application forms developed by the
				  Department, the following information:
A.
Submissions for Program
				Licenses
(1)
Program
				Description
. A description how the residual will be handled for the
				utilization program including, if applicable, the benefit to crops or soil
				afforded by the utilization, the weekly and annual volume of residual produced,
				the volume proposed for utilization, the volumes proposed for disposal, a
				description of the blending, mixing, or processing of residuals and the purpose
				of this processing, proposed application rates in tons of residual per acre of
				land, methods of calculating the appropriate loading rate, and a description of
				how the residual will be stored and transported.
(2)
Residual Suitability
. A
				description of the processes that generate the residual(s) proposed for
				utilization and a physical and chemical description of the resultant residuals
				obtained in accordance with 06-096 CMR ch. 405, section 6.
(3)
Sampling
. A sampling and
				analytical work plan meeting the standards in 06-096 CMR ch. 405 to
				representatively monitor residual quality.
(4)
Risk Management
. A
				description of potential risks posed by the utilization program, and
				appropriate management strategies to mitigate those risks, including an
				identification of any additional standards in sections 3 and 4 the utilization
				program is subject to, and one of the following:
(a)
Screening Standards
. A
				demonstration that the residual meets all of the applicable screening standards
				in Table 419.3 column A, Table 419.4, columns A through C, or Table 419.5,
				column A; and the screening standards for hazardous substances other than
				metals in 06-096 CMR ch. 418, Appendix A;
NOTE
: Not all compounds in Appendix A of this
				  chapter must be analyzed for. See 06-096 CMR ch. 405.
(b)
Loading Rate
. Loading rate
				calculations done in accordance with Appendix A.2.C of this chapter which
				demonstrate that the following standards, as applicable, will not be exceeded:
				annual and cumulative loading rates in Table 419.3 columns C and D, Table 419.4
				columns D and E, or Table 419.5 column A; and the screening standards for
				hazardous substances other than metals in 06-096 CMR ch. 418, Appendix
				A;
(c)
Comparison
				Studies
. A comparison of characteristics of the residual to another
				residual for which a risk assessment has been done, demonstrating the
				applicability of that risk assessment; or
(d)
Risk Assessment
. An
				assessment of the human health and/or environmental risks posed by contaminants
				of concern, and a risk management strategy. The risk management must ensure
				that residual utilization activities, under present or future site uses, will
				not result in the aggregate risk to a highly exposed individual that exceeds an
				Incremental Lifetime Cancer Risk of 5X10-6 or that exceeds a Hazard Index of
				1/2.
(5)
Site
				Information
(a)
Site
				Standards
. The standards proposed for sites where the residual will be
				utilized including buffer zones and soil standards; a description of the site
				specific information that will be submitted to the Department for site
				licenses; and the proposed licensing processes for site specific utilization
				licenses.
(b)
Utilization
				Instructions
. The information that will be provided to the person that
				uses the residual, that ensures compliance with the standards of section 3 and
				4, and the notice, if any, that will be provided to the Department when site
				specific licenses will not be obtained.
NOTE
: More than one strategy may be appropriate
				  for a given residual, depending on the utilization circumstances.
(6)
Traffic
. A demonstration that the generator will meet the
				alternative traffic standards in section 4(F) at all utilization sites or
				provisions to supply site specific information.
(7)
Harmoniously Fitting into the
				Environment
. A demonstration that the generator will meet the
				alternative standards in section 4(G) for fitting harmoniously into the natural
				environment at all utilization sites, or provisions to supply site specific
				information.
(8)
Financial
				and Technical Ability
. The application submission requirements in 06-096
				CMR ch. 400, sections 4(B)(2) and 4(C)(2).
(9)
Municipal and Public Notice
.
				Proof that public notice of the application has been provided as required in
				section 2(F) of this chapter.
(10)
Nuisance
. A demonstration that the residual does not generate
				offensive odors, or provisions to meet the alternative odor control standards
				in section 4(H) of this chapter at all utilization sites or provisions to
				supply site specific information to meet the standard in 06-096 CMR ch. 400,
				section 4(G).