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 096-419-9 - Permit by Rule Site License for the Utilization of Digested Type IA, IB and IC Residuals

Current through 2024-29, July 17, 2024
A.
Applicability.
Only digested Type IA, IB and IC residuals that have
				received program approval from the Department, and which meet all the standards
				of this section, may qualify for a permit-by-rule under this section. For the
				purposes of this chapter, the term "digested" means that the residual has
				undergone aerobic digestion or anaerobic digestion as defined in Appendix B of
				this chapter. Failure to meet any of these standards will require a complete
				license application pursuant to sections 2 through 7 of this chapter. The
				Department presumes that the utilization of digested Type IA, IB and IC
				residuals in strict conformity with these permit by rule provisions will meet
				the standards in the
Solid Waste Management Rules: General
				Provisions
, 06-096 CMR ch. 400, section 4 and sections 2 through 6 of
				this chapter. No variances to the requirements of this section may be granted.
NOTE
: See 06-096 CMR ch. 400 for a full
				  definition of Type IA, IB and IC residuals. 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. See 06-096 CMR ch. 410 Appendix A for a list of typical C:N ratios
				  for various residuals.
B.
Standards.
To qualify for a permit-by-rule, all of the following
				standards must be met. Failure to meet any of these standards will require
				formal application to the Department for a utilization site license pursuant to
				sections 2 through 7 of this chapter:
(1)
				Only digested Type IA, IB and IC residuals approved in the applicant's
				agronomic utilization program license shall be utilized at the site. The
				applicant must continue to adhere to all requirements in its agronomic
				utilization program license;
(2)
				Residuals proposed for utilization must meet the Class A vector attraction
				reduction standards of Appendix B(4)(A) of this chapter;
(3) Only digested Type IA, IB and IC
				residuals meeting the screening concentration standards in Table 419.5 of this
				chapter, or residual-specific ceiling concentrations established in the
				applicant's program license, may be utilized at the site;
(4) The loading rate of the digested Type IA,
				IB and IC residuals shall be commensurate with the nutritional needs of the
				crop to be grown;
NOTE
: Department of Agriculture Regulations,
Nutrient Management Rules
, 01-001 CMR ch. 565, requires farms
				  utilizing residuals to have a licensed nutrient management specialist develop a
				  whole farm nutrient management plan. While the plan itself need not be
				  submitted to the Department (DEP), the information in any existing plan should
				  form the basis for the above determination that additional nutrients are needed
				  on a farm.
(5) The
				spreading area must meet the applicable minimum setbacks in section 3(A) and
				3(B) of this chapter;
(6) Digested
				Type IA, IB and IC residuals must be applied a minimum of 10 inches above the
				bedrock surface on established perennial crops such as hay and 20 inches above
				the bedrock surface for other/row crops, including the limits of
				incorporation;
(7) Digested Type
				IA, IB and IC residuals must be applied a minimum of 15 inches above the
				groundwater surface at the time of application;
(8) Digested Type IA, IB and IC residuals
				shall not be spread on areas with slope gradients greater than 15%;
(9) Digested Type IA, IB and IC residuals may
				not be applied when the site is frozen, snow covered or water saturated; such
				that the digested Type IA, IB and IC residuals will be washed into surface
				water; or placed directly into surface waters or below the groundwater
				table;
(10) Digested Type IA, IB
				and IC residuals may not be stockpiled at the utilization site;
(11) The generator must inform the Department
				each time the digested Type IA, IB and IC residuals will be applied at the site
				at least one working day before the anticipated date of spreading. This
				notification requirement can be satisfied in person, with a telephone call,
				voice mail message, e-mail, letter, or fax to the Residuals Utilization Unit of
				the Division of Solid Waste Management at the Department's central office or
				appropriate regional office;
(12)
Record Keeping and Reporting
. The generator shall keep records and
				file an annual report of the volume of digested Type IA, IB and IC residuals
				utilized in Maine each year in accordance with section 6 of this chapter;
				and
(13)
Certification
. A statement signed by the applicant that the
				utilization of the digested Type IA, IB and IC residuals will conform to the
				requirements of this section.