Current through 2024-38, September 18, 2024
The Department shall issue a license for a solid waste
facility or activity whenever it finds that the facility or activity satisfies
all applicable requirements of the Maine Solid Waste Laws, all applicable
requirements of this Chapter, and other chapters of these rules.
A.
Processing of Applications.
Applications will be processed in accordance with the requirements of 06-096
CMR2 unless otherwise specified in these rules.
B.
Types of Licenses for Solid Waste
Facilities and Activities
(1)
Permits for new solid waste facilities or activities and for expanded
solid waste disposal facilities. Applicants for new solid waste
facilities and activities and for expanded solid waste disposal facilities
required to be licensed under these rules shall comply with the following:
(a)
Full Facility Licensing.
Full licensing is the application procedure subject to all of the standards and
requirements of this Chapter and the relevant facility chapters (06-096 CMR 401
through 419, inclusive). New solid waste facilities and new or expanded solid
waste disposal facilities are subject to full facility licensing provisions
unless the reduced procedures licensing provisions or permit-by-rule
notification provisions of the relevant facility chapter apply;
(b)
Reduced Procedures
Licensing. Reduced procedures licensing is a license application
procedure that, depending upon the type of facility or activity, involves fewer
requirements in one or more of the following areas:
(i) Siting and/or operational information
submitted in the application; or
(ii) Licensing application processing time
frame; and
Standards for licensing through reduced procedures for
specific solid waste facilities or activities are found in the individual
chapters of these rules.
(c)
Permit by Rule
Notifications. The Department has designated certain licensing actions
involving solid waste facilities or activities under the permit-by-rule
authority of 38 M. R. S. A. §344(7) provided that these facilities or
activities strictly conform to the standards prescribed in these rules. A
permit-by-rule is generally obtained by notifying the Department of the
proposed action by way of a permit-by-rule notification form;
(i) Prior to acceptance of a permit-by-rule
notification for processing, an applicant shall demonstrate to the Department's
satisfaction sufficient title, right or interest in all of the property which
is proposed for development or use pursuant to this Chapter, section 4(A).
(ii) Except for specific
submission requirements for each type of solid waste facility or activity
designated as permit-by-rule in these rules, the Department assumes that those
facilities or activities meet the general siting criteria of section 4 because
of their small scale or the siting, design, or operational limitations placed
on them. No variances to the standards, criteria, or requirements for
facilities licensed under a permit-by-rule process may be granted.
(iii) Within 30 days prior to filing, an
applicant for a permit-by-rule facility or activity shall give public notice of
intent to file a permit-by-rule notification with the Department. The notice
must be mailed by certified mail or Certificate of Mailing to the municipal
office of the municipality(ies) where the project will be located. A copy of
the public notice must be submitted to the Department with the permit-by-rule
notification.
The public notice must include the following
information:
a. Name, address and
telephone number of the applicant;
b.
Citation of the statutes or rules under which the permit-by-rule
notification is being processed;
c.
Location of the activity;
d.
Summary of the activity;
e.
Anticipated date for filing the permit-by-rule notification with
the Department; and
f. A statement
that public comments on the permit-by-rule notification may be provided to the
Department within 10 days of the filing of the permit-by-rule notification,
together with the mailing address of the Department.
Public notice for permit-by-rule notifications does not
include the publishing of a notice in a newspaper or the serving of a notice
upon abutters to the project unless required by specific permit-by-rule
provisions of these rules.
(2)
Alterations to Existing Licensed
Solid Waste Facilities. The license holder of any solid waste facility
or activity that has a valid solid waste license from the Department must
comply with the following provisions prior to altering the solid waste facility
or activity in a manner not previously identified and approved in the license.
Alterations fall into one of the following categories:
(a)
Amendments. An application
for a license amendment must be submitted for any proposal to significantly
increase the capacity of the facility; significantly alter the siting, design,
construction or operation of the facility; or significantly alter the nature of
an activity to an extent that would require the Department to modify any
findings with respect to any of the licensing criteria. An application to
increase the approved final elevations at solid waste landfills must be
processed as a license amendment application;
(b)
Minor Revisions. An
application for a minor revision must be submitted for any proposed alteration
that does not require a license amendment but that, in the Department's
judgment, requires Department approval due to the potential of the proposed
alteration to impact the environment, public health or welfare, or to create a
nuisance; or
(c)
Other
Alterations. Other alterations are minor alterations that in the
Department's judgment do not have a potential to impact the environment, public
health or welfare, or to create a nuisance and therefore do not require a
license amendment or minor revision application.
(3)
License Transfers. A person
may not transfer a solid waste facility license without obtaining Department
approval for the transfer. In the case of a solid waste disposal facility,
Department approval must be obtained prior to transfer of ownership of the
facility. The Department, at its discretion, may require that the proposed new
licensee apply for a new license or may approve the transfer of the existing
license upon a satisfactory showing that the new licensee can abide by the
license terms and conditions, comply with the provisions of 38 M. R. S. A.
§1310- Q, satisfactorily meet the criminal and civil law enforcement
background requirements, and satisfactorily meet the technical and financial
ability provisions of this Chapter. A license transfer application is subject
to all of the application processing requirements of 06-096 CMR 2, including
the public notice requirement.
(4)
Limited Licenses. The Department may grant any of the following
limited licenses. These types of license approvals are only available for
one-time or limited term activities as described below.
(a)
One-Time Activities.
One-time activity licenses may be issued approving the one-time distribution or
use of a solid waste for agronomic utilization or beneficial use, or the
one-time disposal of special waste;
(b)
Pilot. A pilot permit may be
issued in order for an applicant to collect technical information concerning
the environmental and practical feasibility of a proposed innovative disposal
or utilization facility or activity; or
(c)
Experimental. An
experimental permit may be issued by the Board pursuant to 38 M. R. S. A.
§362-A in order for an applicant to undertake fundamental research in an
area of solid waste management or pollution control. This would not necessarily
lead to the application for a specific permanent facility or activity.
(5)
Ongoing
Special Waste Acceptance Licenses. An application for a special waste
acceptance license must be submitted for any proposal to accept any special
waste at a licensed solid waste facility on an ongoing basis, when acceptance
of that special waste has not been previously approved by license for that
facility. The Department may require an amendment application be submitted
instead if the scope of the proposal meets the criteria in section 2(a) above.
C.
Application
Requirements.The application is subject to the following requirements:
(1)
Title, Right or Interest.
The application, unless otherwise specified in these rules, must show that the
applicant demonstrates sufficient title, right or interest in all of the
property which is proposed for development or use;
(2)
All Phases Shown. The
application must describe all phases of the development;
(3)
Department Forms. The
application must be submitted on current forms provided by the
Department;
(4)
Complete
Application. The application must include all information required under
the appropriate chapter and section of these rules for the particular type of
facility or activity involved;
(5)
Requirements of persons preparing application. All work to support
the investigation, design, and construction of solid waste facilities must be
undertaken by individuals whose training, experience and professional
certification is appropriate to accomplish the specific tasks with accuracy and
technical proficiency. Reports, plans or other materials submitted in support
of the application must bear the signature and, if appropriate, the seal of the
individual who drafted or supervised the drafting of each document;
(6)
Signatory Requirement. The
application must be signed by the applicant or the applicant's duly authorized
officer or agent and must include the certification required in 06-096 CMR2,
section
11(E); and
(7)
Fees. The application must
be accompanied by the appropriate fee payment as required in 38 M. R. S. A.
§§352 and 353.
D.
Licensing Criteria for Solid Waste Facilities. The
Department shall issue a license for a solid waste facility whenever it finds,
based upon substantial evidence in the record, that the solid waste facility
will not contaminate any water of the State, contaminate the ambient air,
constitute a hazard to health or welfare, or create a nuisance. The Department
must also find that the solid waste facility satisfies all the applicable
requirements and criteria of the Maine Solid Waste Laws and these rules.
Licensing standards include those listed in section 4 of this Chapter and those
in the relevant facility chapters.
(1)
Facilities Not Subject to Siting or Design Criteria. The following
solid waste facilities are not subject to the siting and design requirements of
these rules:
(a) A solid waste disposal
facility established prior to October 3, 1973 that does not apply for an
expansion under these rules;
(b) A
solid waste facility previously licensed under the Site Location of Development
and Maine Solid Waste Laws;
(c)
Agronomic utilization sites previously licensed under 06-096 CMR 567, Rules for
Land Application of Sludge and Residuals; and
(d) An increase in approved final elevations
not associated with a lateral development of a licensed solid waste landfill if
the applicant demonstrates that the proposed increase will not compromise the
physical integrity and functioning of the existing solid waste disposal
facility and its systems. The applicant will be required to design the increase
in approved final elevations to meet the design requirements of these rules if
the Department finds that imposition of design requirements is necessary to
prevent contamination of any water of the State, contamination of the ambient
air, a hazard to health or welfare, or a nuisance.
NOTE: All solid waste disposal facility
expansions must comply with the siting and design requirements of these rules.
(2)
Additional Criteria For Solid Waste Disposal Facilities. In
addition to the above requirements, a new or expanded solid waste disposal
facility is subject to the following:
(a)
Public Benefit. The Department must determine in accordance with
38 M. R. S. A. §1310- N(3-A) and section 5 of this Chapter whether the
solid waste disposal facility provides a substantial public benefit;
(b)
Recycling and Source
Reduction. Except for expansions of commercial solid waste landfills
that accept only special waste, the Department must determine that the facility
will be operated so that the volume of waste and the risks related to its
handling and disposal have been reduced to the maximum practical extent by
recycling and source reduction prior to disposal, as required under 38 M. R. S.
A. §1310- N(5-A) and section 6 of this Chapter;
(c)
Host Community Benefits and
Intervenor Grants. The applicant must comply with the provisions
required in section 7 of this Chapter;
(d)
Liability Insurance. The
applicant must have proof of liability insurance as required under section
10; and
(e)
Financial Assurance. The
applicant must meet the financial assurance requirements of section
11.
E.
License Term and Annual Reporting
Requirements. A solid waste license, issued pursuant to rules in effect
on or after May 24, 1989, remains in effect unless modified, revoked or
suspended under 38 M. R. S. A. §341- D(3). Such a licensee is subject to
the following licensing and reporting requirements:
(1) The licensee must:
(a) Comply with applicable operating
rules;
(b) Pay the annual license
fee pursuant to 38 M. R. S. A. §352; and
(c) Comply with annual facility or activity
reporting rules and pay all required reporting fees.
NOTE: Failure to pay an annual license fee
within 45 days of the billing date contained in the Department's billing
notification is sufficient grounds for modification, revocation or suspension
of a license.
(2)
Annual reports and annual reporting fees as required by the Department's rules
shall be due on the following dates:
February 28
Chapter 419, Agronomic utilization of solid waste
Chapter 418, Beneficial use licenses
Chapter 409, Processing facility licenses
Chapter 410, Composting facility licenses
April 30
Chapter 401, Landfill facility licenses,
Chapter 403, Incineration facility licenses
Chapter 402, Transfer station facility and solid waste
storage licenses, unless part of and reported with another facility.
F.
License
Conditions. The Department may impose any requirement as a license
condition to assure compliance with State law or these rules. Standard license
conditions for solid waste facilities are contained in Appendix C.
