Current through 2024-38, September 18, 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.
B.
Solid Waste Facility Licenses. An application under the Maine
Solid Waste Laws and these rules must be submitted to the Department and a
license must be issued by the Department prior to siting, constructing or
operating any new or expanded solid waste facility, unless that facility is
exempt from solid waste licensing under these rules.
C.
Operation under a Court Order or
Agreement with the Department. The operation of a solid waste facility
may be approved through a court order, an administrative consent agreement
pursuant to 38 M. R. S. A. §347-A that specifies a schedule for closure of
the facility or an agreement pursuant to 38 M. R. S. A. §§1310-
N(6-B) or (6-F).
D.
Solid
Waste Facilities within the Jurisdiction of the Maine Land Use Planning
Commission. When a proposed solid waste facility is located within the
jurisdiction of the Maine Land Use Planning Commission, the Department requires
compliance with standards and permitting requirements of the
Commission.
E.
Future
Commercial Solid Waste Disposal Facilities. The Department may not
approve an application for a new commercial solid waste disposal
facility.
F.
Expansions of
Commercial Solid Waste Disposal Facilities. The Department may issue a
license for the expansion of commercial solid waste disposal facility if:
(1) The Department has previously licensed
the facility prior to October 6, 1989;
(2) The proposed expansion is contiguous with
the existing facility and is located on property owned on December 31, 1989 by
the licensee or by a corporation or other business entity under common
ownership or control with the licensee; and
(3) The Department determines, as provided in
38 M. R. S. A. §1310- N(3-A) that the facility provides a substantial
public benefit.
G.
Beneficial Use Licenses. An application under the Maine Solid
Waste Laws and these rules must be submitted to the Department and a license
must be issued by the Department prior to the beneficial use of any solid waste
as specifically regulated under 06-096 CMR 418.
H.
Non-Hazardous Waste Transporter
Licenses. The transportation of solid waste must conform with the
containerization, transport, licensing and manifest requirements of 06-096 CMR
411.
I.
Exemptions.
The following facilities and activities are exempt from licensing and operating
requirements, unless otherwise stated below, under these rules:
(1) The open burning by individual homeowners
or lessees of leaves, brush, deadwood and tree cuttings accrued from normal
maintenance of their residential property, when such burning is not prohibited
under State laws and rules and is permitted by the municipality;
(2) The burning by an owner of residential
property of highly combustible domestic, household trash such as paper,
cardboard cartons or wood boxes on that property, when such burning is not
prohibited under State laws and rules and permitted by the
municipality;
(3) The location,
establishment and construction of solid waste disposal facilities in existence
prior to October 3, 1973, but not the alteration or operation of those
facilities;
(4) The handling of
soils containing incidental bark or woody material generated during the
transport, handling or storage of logs prior to the debarking, chipping and
sawing of wood;
(5) An automobile
graveyard or automobile recycling business as defined by 30-A M. R. S. A.
§3752, provided that the facility does not shred automobiles, white goods,
other scrap metal machinery, vehicles or tires, except that a tire stockpile at
these facilities is regulated pursuant to 06-096 CMR 402;
(6) Disposal of livestock, poultry, and pet
carcasses provided that the carcasses are handled in a manner approved by the
Maine Department of Agriculture, Conservation and Forestry;
(7) Removal of dead animal carcasses from
vehicle travel ways to an appropriate location in the right-of-ways;
(8) Facilities which receive pre-separated,
uncontaminated, unwanted paper, cardboard, glass, plastic, metal, and universal
wastes, and limit their handling of these wastes to sorting, containerizing,
compacting, baling, and/or transferring, when these materials will be used by a
manufacturer or for universal wastes shipped to a facility approved to recycle
universal wastes; and
NOTE: Any facility which handles universal
wastes must comply with the requirements of 06-096 CMR 858.
(9) Redemption centers and collection and
recycling facilities for beverage containers regulated under 32-A M. R. S. A.
§§1861, et seq.
