Code of Maine Rules
06 - DEPARTMENT OF ENVIRONMENTAL PROTECTION
096 - DEPARTMENT OF ENVIRONMENTAL PROTECTION - GENERAL
Chapter 400 - GENERAL PROVISIONS
Section 096-400-4 - General Licensing Criteria

Universal Citation: 06 ME Code Rules ยง 096-400-4

Current through 2024-38, September 18, 2024

This section contains general standards applicable to the licensing of solid waste facilities. This section also lists submissions required of applicants for new or expanded facilities in order for the Department to determine if the general licensing criteria are met. All applicants must demonstrate compliance with the criteria of this section and submit the listed submissions unless otherwise provided in the relevant facility chapter. Required submissions for amendments, minor revisions and limited permits will be determined by the Department on a case-by-case basis to determine if the proposal meets the relevant general licensing criteria.

A. Title, Right or Interest

(1) Standards. The applicant must demonstrate to the Department's satisfaction sufficient title, right or interest in all of the property which is proposed for development or use.

(2) Submissions. The applicant must submit evidence of sufficient title, right or interest as provided in 06-096 CMR 2, section 11(D).

B. Financial Ability

(1) Standards
(a) The applicant must have the financial ability to design, construct, operate, maintain, close and (if applicable) accomplish post-closure care of the solid waste facility in a manner consistent with all applicable requirements.

(b) The applicant for a solid waste disposal facility shall provide adequate financial assurance for closure, post-closure care, and for corrective action for known releases in compliance with the financial assurance requirements of section 11.

(2) Submissions. The application must include evidence that affirmatively demonstrates that the applicant has the financial ability to undertake the proposed project, including the following information, when appropriate:
(a) Accurate cost estimates for the design, construction, operation, maintenance, closure and (if applicable) post-closure care of the solid waste facility; and

(b) Evidence that funds are or will be available to design, construct, operate, maintain, close and (if applicable) accomplish post-closure care of the solid waste facility, or to contract for the same, including the following:
(i) When a financial institution is the funding source, the application must include:
a. A letter from a financial institution, governmental agency, or other funding agency indicating a commitment to provide a specified and sufficient amount of funds and the uses for which the funds may be utilized; or

b. In cases where funding is required but there can be no commitment of money until approvals are received, a letter of "intent to fund" from the appropriate funding institution. Evidence of financing must be provided prior to project construction.

(ii) When self-financing is a funding source for the solid waste facility, the application must include:
a. The most recent corporate annual report indicating availability of sufficient funds to finance the proposed project, through self-financing, together with explanatory material interpreting the report;

b. Evidence that funds are available and have been set aside for completion of the proposed project; or

c. If the applicant is a governmental entity, evidence that the entity has the bonding or other capacity to finance the proposed project.

C. Technical Ability

(1) Standards
(a) The applicant shall have the technical ability to design, construct, operate, maintain, close and (if applicable) accomplish post-closure care of the solid waste facility in a manner consistent with state environmental requirements, including the Maine Solid Waste Laws and these rules.

(b) The applicant shall meet the civil/criminal record standards of section 12.

(2) Submissions. The application must include evidence that affirmatively demonstrates that the applicant has the technical ability to design, construct, operate, maintain, close and (if applicable) accomplish post-closure care of the solid waste facility, including information such as the following:
(a) A statement of the applicant's prior solid waste management experience or appropriate training or both;

(b) A description of the personnel who will be employed to design, construct, operate, maintain, close and (if applicable) accomplish post-closure care of the proposed facility; and

(c) The proposed owner's and operator's prior conduct as a measure of their willingness and ability to meet all terms and conditions of approval established by the Department including information addressing all of the information required in section 12.

D. Provisions for Traffic Movement

(1) Standards. The applicant for a solid waste facility must make adequate provisions for safe and uncongested traffic movement of all types into, out of, and within the proposed solid waste facility.
(a) The major haul routes must be able to safely accommodate the number, weight and types of vehicles transporting waste to and from the proposed solid waste facility.

(b) The entrance and exit design for the proposed solid waste facility must have safe sight distances in all directions and provisions for safe turning.

(c) Improvements to roads or intersections that are necessary due to the establishment of the proposed solid waste facility must be completed prior to initial operation of the solid waste facility unless an alternative schedule is approved by the Department.

(d) Major interior travel lanes must be designed to allow continuous and uninterrupted traffic movement without posing danger to pedestrians or other vehicles.

(e) The facility road construction and maintenance must provide safe traffic movement.

(f) On-site circulation patterns must be clearly defined.

(2) Submissions. The application must contain evidence that roads and intersections in the vicinity of the proposed solid waste facility will safely and conveniently handle the traffic attributable to the facility. This evidence must include the following:
(a) An estimate of the number, weight, and types of vehicles that will be transporting waste to and from the proposed facility;

(b) A map clearly delineating the anticipated major haul routes to and from the facility to be used by vehicles serving or using the solid waste facility, with a description of the road characteristics including legal weight limits and restrictions;

(c) An identification of all sections of roads and intersections along the projected haul routes that are:
(i) Congested locations, or

(ii) Not rated to handle the weights or types of vehicles expected to transport solid waste to or from the facility;

(d) Identification of vehicle routing decisions that were made based on these limits and a description of any actions the applicant proposes to take;

(e) A Maine Department of Transportation inventory and analysis of traffic accidents on roads and at intersections within a quarter mile of the proposed solid waste facility entrances and exits during the most recent 3-year period. The inventory must include identification of high accident locations and identification of feasible countermeasures based on discernible accident patterns at any high accident location;

(f) Intersection sight distances at the proposed solid waste facility entrances and exits and a copy of the Maine Department of Transportation entrance permit, if applicable, or if the solid waste facility entrance is not located on a state supported highway, evidence that a qualified professional has certified that safe sights distances will exist in all directions. This review must be conducted in conformance with the standards specified in A Policy on Geometric Design of Highways and Streets, American Association of State Highway and Transportation Officials (1994); and the Highway Design Guide, Maine Department of Transportation (September 1990). Intersection sight distance is the length of roadway visible to the driver. It must be measured from the intersection (at a point 10 feet back from the edge of the travel way) to the centerline of the opposing lane(s);

NOTE: Additional information concerning safe sight distances and other access management standards applicable to Maine can be found in, Access Management Improving the Efficiency of Maine Arterials A Handbook for Local Officials, Maine Department of Transportation (1994).

(g) The nature of the interior roadways, intersections and parking facilities, including the following:
(i) Road construction, number of lanes, width of road, speed limit, and traffic circulation of the proposed roads;

(ii) Areas of pedestrian use;

(iii) How circulation patterns will be defined; and

(iv) How the facility roads will be maintained; and

(h) A traffic study, if required by the Department. The Department will require a traffic study if the application does not contain sufficient information to determine that all of the traffic standards of this section will be met. A traffic study may also be required if a traffic standard that is not met could possibly be corrected by application or design changes that require additional information. The Department's determination that a traffic study is required may be based solely on information or comments submitted to it by the Maine Department of Transportation.

(3) Elements of a Traffic Study. A traffic study must meet the requirements of this paragraph. The year for which the study results are to be characterized is the projected first year of full operation. If the proposed solid waste facility is a multi-phase project with a projected completion date more than 5 years after the year of the study, the Department may require that the study results be characterized for the year that corresponds to the opening of the first major phase or to the timing of transportation system improvements, such as a major bridge construction project.

At a minimum, the traffic study must contain the following:

(a) A brief description of the physical characteristics of the solid waste facility. This section must identify the size of the facility site, general terrain features and unique terrain features;

(b) A regional map showing the proposed solid waste facility, each road in the vicinity of the proposed facility and proposed haul routes to and from the facility for the vehicles that will use or serve the facility;

(c) A description of traffic increases that are expected from sources other than the proposed solid waste facility and that are likely to occur in the vicinity of the proposed solid waste facility during the study period. At a minimum, the study must identify development or redevelopment proposals which have been approved, either locally or by the Department, and development or redevelopment proposals for which complete applications have been filed with and accepted by a local reviewing authority or the Department at the time of the traffic study;

(d) Trip generation calculations for the proposed solid waste facility and for other proposed development and redevelopment projects in the vicinity of the proposed solid waste facility. If data from the "Trip Generation Guide" of the Institute of Transportation Engineers, is not available for other proposed development and redevelopment projects, trip generation must be estimated in accordance with a methodology approved by the Maine Department of Transportation;

(e) A diagram of the traffic volume on roads and intersections in the vicinity of the proposed solid waste facility for both the estimated annual average daily traffic and the A. M. /P. M. peak hour traffic, including turns during the peak hour. Traffic diagrams must show the following:
(i) Traffic attributable to the facility and other developments;

(ii) Existing traffic volume. All traffic counts must be actual counts whenever possible. Traffic counts from the Maine Department of Transportation may be used if not more than two years old;

(iii) Projected traffic volume for the hours required above at the time the facility will begin full operation; and

(iv) Documentation, including all new traffic counts and analysis worksheets, as to how the various volumes were derived to accompany the diagrams;

(f) A capacity analysis must be performed to determine the level of service for each road and intersection in the vicinity of the proposed solid waste facility. Capacity calculations must be made for the 30th highest hour of traffic during the year that the facility would begin operation, or any other appropriate design hour approved by the Maine Department of Transportation. Where it is shown that the capacity analysis methodology will not accurately measure operating conditions or levels of service at a road or intersection, the Department may require an applicant to analyze operating conditions of an intersection or road using another methodology acceptable to the Maine Department of Transportation;

(g) The need for new traffic signals in the vicinity of the proposed development must be analyzed using the warrants in the Manual on Uniform Traffic Control Devices, US. Department of Transportation, Federal Highway Administration (1988). Although an intersection may meet the MUTCD warrants, the Maine Department of Transportation may determine that a signal is not appropriate;

(h) A determination of the available intersection sight distances in all directions at each intersection in the vicinity of the proposed development;

(i) If the study analyses indicate that unsatisfactory levels of service or unsafe conditions exist or will occur at intersections or on roads in the vicinity of the proposed development, a description of the measures recommended to remedy the deficiencies, including the following:
(i) Recommended Improvements. A description and diagram of the location, nature, and extent of recommended improvements to roads and intersections in the vicinity of the proposed development. Accompanying this list of improvements must be preliminary cost estimates. Of the recommended improvements, those proposed for implementation must be identified; and

(ii) Capacity Analysis after Improvement. A description of the anticipated results of making these improvements; and

(j) A clear, concise summary of the study findings.

E. Fitting the Solid Waste Facility Harmoniously into the Natural Environment

(1) Standards
(a) The solid waste facility must have buffer strips of sufficient size and quality to adequately protect aquatic and wildlife habitat and the natural environment. The facility may not unreasonably adversely affect protected natural resources and rare, threatened and endangered plant and animal species.

(b) The solid waste facility must have a minimum of 100 feet of buffer between the facility site and those locations and habitats listed above, unless otherwise approved or required by the Department.

(2) Submissions. For solid waste facilities with waste handling areas of less than 3 acres total area, the applicant shall include letters from the Maine Department of Inland Fisheries and Wildlife and from the Natural Areas Program of the Maine Department of Agriculture, Conservation, and Forestry that the facility will not unreasonably adversely impact protected significant wildlife habitat, fragile mountain areas, or rare, threatened and endangered plant or animal species. For all facilities with waste handling areas larger than 3 acres, the applicant shall include evidence that affirmatively demonstrates that the solid waste facility fits harmoniously into the natural environment. This includes the following:
(a) The proposal must include adequate buffer strips. This information must include:
(i) The location and description of the locations, habitats, and species listed above that are within or adjacent to the facility site;

(ii) The nature, location, width, and height of all buffer strips to be retained or enhanced;

(iii) The nature, location, width, and topography of all buffer strips that need to be established to restore buffer functions in areas that will be disturbed;

(iv) Provisions for the maintenance of all buffer strips and screens;

(v) A description of how buffer strips of sufficient area, width, and character will be established, maintained or enhanced to protect the locations and habitats; and

(vi) An explanation of how the proposed solid waste facility and activities will not unreasonably adversely affect protected natural resources; and

(b) The application must identify all unusual natural areas on or adjacent to the facility site and must include evidence that affirmatively demonstrates that the proposed facility will not unreasonably adversely affect protected natural resources.

F. No Unreasonable Adverse Effect on Existing Uses and Scenic Character

(1) Standards. The solid waste facility may not unreasonably adversely affect existing uses and scenic character. Specifically, the facility may not:
(a) Present a bird hazard to aircraft;

(b) Have an unreasonable adverse effect on the preservation of historical sites;

(c) Unreasonably interfere with views from established public viewing areas;

(d) Generate excessive noise at the property boundary or at any protected location; or

(e) Unreasonably adversely affect existing uses of property neighboring the proposed solid waste facility.

(2) Noise Standards. The following noise standards shall apply to all solid waste facilities. Protected locations shall only include those locations defined in subsection 400(1) for which the hourly sound levels from the facility will be greater than 45 dBA.
(a) Sound Level Limits. The following hourly sound levels from routine operation of a solid waste facility must be less than or equal to;
(i) 75 dBA for daytime and nighttime hours at the facility property boundary;

(ii) 60 dBA for daytime hours and 50 dBA for nighttime hours at any protected location in an area for which the zoning, or, if unzoned, the existing use or use contemplated under a comprehensive plan, is not predominantly commercial or industrial; or

(iii) 70 dBA for daytime hours and 60 dBA for nighttime hours in an area for which the zoning, or if unzoned, the existing use or use contemplated under a comprehensive plan, is predominantly commercial or industrial.

(b) Alternative levels. If the applicant chooses to demonstrate by measurement that the daytime or nighttime pre-development ambient sound environment at any protected location exceeds the daytime or nighttime limits above, by at least 5 dBA, then the daytime or nighttime limits are 5 dBA more than the measured daytime or nighttime pre-development ambient hourly sound level at the location of the measurement for the corresponding time period.

(c) Existing Facilities. For any protected location near an existing solid waste facility, the hourly sound level limit for routine operation of the existing facility and all future expansions of that facility is the hourly sound level written above, or at the applicant's election, the existing hourly sound level from routine operation of the facility before any expansions plus 3 dBA.

(d) All equipment used in the construction of and maintenance activities at the solid waste facility must comply with applicable local and federal noise regulations, and include environmental noise control devices in proper working condition and maintained as originally provided with the equipment by its manufacturer.

(e) Sounds associated with the following are exempt from the sound level limits of this section:
(i) Routine engine sounds from registered and inspected motor vehicles:
a. While operating on public ways; or

b. That enter the facility to make a delivery or pickup and that are moving, starting or stopping, but not when they are parked with the engine running for over 60 minutes in the facility.

(ii) The unamplified human voice and other sounds of natural origin.

(iii) Emergency maintenance and repairs.

(iv) Facility and vehicle warning signals and alarms so long as used in appropriate circumstances.

(v) Safety and protective devices installed in accordance with the devices' installation instructions.

(vi) Boiler start-up, testing and maintenance operations occurring no more frequently than once per month.

(vii) Test operations of emergency equipment occurring in the daytime and no morefrequently than once per week.

(viii) Major concrete pours that must extend after 7:00 p. m. , when started before 3:00 p. m.

(ix) Snow removal, landscaping and street sweeping activities.

(x) Sound from a regulated development received at a protected location when the generator of the sound has been conveyed a noise easement for that location. This exemption shall only be for the specific noise, land and term covered by the easement.

(3) Submissions. Applications must include evidence that affirmatively demonstrates that the proposed solid waste facility will not unreasonably adversely affect existing uses and scenic character, including the following information:
(a) The nature, location, design, and size of all buffers and visual screens within those buffers to be established or retained;

(b) A description of the existing land uses in the vicinity of the proposed solid waste facility, all airport runways within 10,000 feet of the facility; all historic sites, protected locations and established public viewing areas within 2,000 feet;

(c) A demonstration that the solid waste facility will comply with the noise standards in paragraph 2 above and that the applicant will make adequate provision to control noise and the sound levels from each source resulting from the routine operation of the facility at the property boundary and any protected locations within the area; and

(d) Evidence that acoustic enclosure for noise, buffer strips and screens, or other noise reduction measures have been considered and implemented in the design of the solid waste facility.

G. No Unreasonable Adverse Effect On Air Quality

(1) Standards. The solid waste facility may not unreasonably adversely affect air quality:
(a) The applicant must obtain an air emission license if required by 38 M. R. S. A. §§581et seq. The air emissions produced from either point or non-point sources must be in conformance with the current State Implementation Plan, as approved by the Environmental Protection Agency.

(b) The applicant must control fugitive dust and nuisance odor.

(c) Open burning of solid waste other than clean or painted wood waste, is prohibited. Wood that has been treated and other wastes, such as tires or waste oil, shall not be open burned.

(2) Submissions. Applications must include evidence that affirmatively demonstrates that the proposed facility will not unreasonably adversely affect air quality, including the following information, when appropriate:
(a) Evidence that an air emission license has been or will be obtained if required;

(b) Description of the actions that the operator will undertake to control fugitive dust from the solid waste facility when a problem attributable to the facility occurs beyond the property boundary;

(c) The identification of any sources of nuisance odors from the facility;

(d) An estimation of the area that would be affected by the nuisance odor, based on general experience in dealing with the material or process that is the source of the odors;

(e) Proposed systems for enclosure of nuisance odor-producing materials and processes, and proposed uses of technology to control, reduce or eliminate odors; and

NOTE: ASTME 679-79 can be used for guidance for control of nuisance odors.

(f) Evidence that the solid waste facility will not unreasonably alter climate if the facility has or is proposed to have water cooling towers.

H. No Unreasonable Adverse Effect on Surface Water Quality

(1) Standards. A solid waste facility:
(a) May not discharge any water pollutants, directly or indirectly, that affect the state classification of a surface water body, as specified in 38 M. R. S. A. §464;

(b) May not discharge any pollutant without first obtaining a license pursuant to 38 M. R. S. A. §413;

(c) May not degrade water quality by contributing to the phosphorous concentrations in "waterbodies most at risk from new development" as defined in 06-096 CMR 502; and

(d) May not cause the discharge of a nonpoint source of pollution to waters of the United States that violates any requirement of an area-wide or State-wide water quality management plan that has been approved in compliance with section 319 of the Federal Water Pollution Control Act, as amended.

(2) Submissions. Applications must include evidence that affirmatively demonstrates that there will be no unreasonable adverse effect on surface water quality, including evidence that:
(a) The applicant will comply with all applicable stormwater management standards of 06-096 CMR500, if the proposed facility is in the direct watershed of "waterbodies most at risk from new development"; and

(b) A waste water discharge license has been obtained or will be obtained, if required by 38 M. R. S. A. §413.

I. No Unreasonable Adverse Effect On Other Natural Resources

(1) Standards. The solid waste facility may not have an unreasonably adverse effect on other natural resources in the municipality or in neighboring municipalities. The proposed solid waste facility:
(a) Must conform to the standards of the Natural Resource Protection Act, 38 M. R. S. A §§480-A to 480- Z, if proposed to be located in, on, over, or adjacent to a protected natural resource; and

(b) Must be permitted by the federal government for any activities that require a Federal Wetlands permit.

(2) Submissions. An application must include the following information, when appropriate:
(a) Evidence that a Natural Resource Protection Act application has been submitted or will be obtained when required under that Act (38 M. R. S. A. §§480-A to 480- Z); and

(b) Complete information as to whether a Federal Wetlands permit is required and on whether a Federal Wetlands permit application has been submitted.

J. Soil Types That Are Suitable and Will Not Cause Unreasonable Erosion

(1) Standards. The solid waste facility must be located on soils suitable for the nature of the undertaking and the facility must not cause unreasonable sedimentation or erosion of soil. To meet this requirement:
(a) The soils on the facility site must be suitable for the proposed solid waste facility;

(b) The design and implementation of erosion control measures must be conducted in accordance with "The Maine Erosion and Sediment Control Handbook for Construction: Best Management Practices," prepared by the Cumberland County Soil & Water Conservation District and Maine Department of Environmental Protection (March 1991), unless other measures are approved by the Department:
(i) Sediment caused by accelerated soil erosion must be minimized from runoff water before it leaves the proposed solid waste facility site or enters a protected natural resource. Suitable erosion control measures must be in place prior to any disturbance of soil;

(ii) Any temporary or permanent structure designed and constructed for the conveyance of water around, through, or from the solid waste facility must be designed to limit the water flow to a non-erosive velocity;

(iii) All earth changes must be designed, constructed, and completed so that the exposed area of any disturbed land is minimized and is limited to the shortest reasonable period of time possible given the construction requirements. Permanent soil erosion control measures for all slopes, channels, ditches, and disturbed land area must be completed as specified by the Department, after final grading has been completed. Seeding must occur within 15 calendar days of final grading unless otherwise approved by the Department because of seasonal conditions. When it is not possible or practical to immediately and permanently stabilize disturbed land, temporary stabilization measures will be implemented as approved by the Department. In sensitive watersheds or on highly erodible soils or slopes of 20 percent or greater, the Department may require a more restrictive schedule for temporary and permanent stabilization of soil;

(iv) When vegetative cover is to be established as a temporary or permanent erosion control measure:
a. Plant species and seeding rates must take into account soil, slope, climate, duration and use of the vegetative cover;

b. Mulch must be provided at rates appropriate to ensure a minimum of soil and seed loss until vegetative cover is established; and c. Reseeding must be done within a reasonable period of time if permanent vegetation is not established; and

(v) All development plans must utilize existing topography and natural surroundings to the fullest extent possible.

(2) Submissions
(a) An application must include a comprehensive erosion and sedimentation control plan that includes the following information:
(i) A statement of whether the proposed facility or activity is in the direct watershed of waterbodies most at risk from new development. For the purposes of this submission requirement, the Department will consider the direct watershed of a waterbody to be the land area that drains, via overland flow, natural or manmade drainage systems, other waterbodies or wetlands to that waterbody;

(ii) A description and location of all proposed construction activities that may result in soil disturbance;

(iii) A description and location of all existing and proposed on-site drainage;

(iv) The timing and sequence of all proposed land disturbances;

(v) A description and location of all proposed temporary and permanent erosion and sedimentation control measures, including the timing and sequence of completion and an indication of the suitability of the proposed measures to address the problems that are expected;

(vi) Calculations for erosion control measures in accordance with best management practices; and

(vii) A proposed program for the maintenance of all erosion and sedimentation control facilities that will remain after construction is completed.

(b) Where applicable, the application must include a report showing that the soils are suitable to the undertaking including:
(i) Test pit and soil boring information; and

(ii) An evaluation by an engineer, soil scientist, or other qualified individual.

K. No Unreasonable Risk That a Discharge to a Significant Ground Water Aquifer Will Occur

(1) Standards. The proposed solid waste facility may not pose an unreasonable risk that a discharge to a significant ground water aquifer will occur. Additionally, a solid waste disposal facility:
(a) May not overlie any significant sand and gravel aquifers;

(b) May not pose an unreasonable threat to the quality of a significant sand and gravel aquifer; and

(c) May not pose an unreasonable threat to the quality of an underlying fractured bedrock aquifer.

(2) Submissions. An application must contain the information that is required under the appropriate chapter of these rules for the particular type of facility involved.

L. Adequate Provision for Utilities and No Unreasonable Adverse Effect on Existing or Proposed Utilities

(1) Standards. The applicant shall provide for adequate utilities and the proposed solid waste facility may not have an unreasonable adverse effect on existing or proposed utilities in the municipality or area served by those utilities.
(a) There must be adequate water supplies for the solid waste facility; and

(b) Appropriate sanitary waste water disposal must exist for the solid waste facility.

(2) Submissions. An application must include evidence that affirmatively demonstrates that the applicant has made adequate provision for utilities, including water supplies, sewerage facilities and solid waste disposal, and that the proposed solid waste facility will not have an unreasonable adverse effect on existing or proposed utilities in the municipality or areas served by those utilities, including the following information, when appropriate:
(a) Verification that the facility will be served by the appropriate utilities;

(b) Evidence that a sufficient and healthful water supply will be provided; and

(c) The identification of all aspects of the proposed solid waste facility that require access to or use of utilities, along with the provisions that have been made to use those utilities and to comply with any requirements and provisions of the utility.

M. Not Unreasonably Cause or Increase Flooding

(1) Standards. A solid waste facility may not unreasonably cause or increase flooding on-site or on adjacent properties nor create an unreasonable flood hazard to a structure.
(a) Except for an agronomic utilization site, a solid waste facility may not be located in a 100 year flood plain or restrict the flow of a 100 year flood.

(b) A solid waste facility must include a stormwater management system that controls run-on and run-off, and infiltrates, detains, or retains water falling on the facility site during a storm of an intensity up to and including a 25-year, 24-hour storm, such that the rate of flow of stormwater from the facility after construction does not exceed the rate of outflow of stormwater from the facility site prior to the construction of the facility.

NOTE: Section 3(F) and the standard conditions found in Appendix C of this Chapter require compliance with all applicable laws. Facilities licensed under these Rules may also be subject to federal stormwater regulations.

(2) Submissions. An application must include evidence that affirmatively demonstrates that the facility will not unreasonably cause or increase flooding of the facility site or adjacent properties, will not create an unreasonable flood hazard, and will have no unreasonable effect on run-on, run-off, and/or infiltration relationships, including information such as the following, when appropriate:
(a) The most recent U. S. Geological Survey, Army Corps of Engineers or Federal Flood Insurance Administration 100-year frequency flood plain map of the area, if applicable;

(b) A narrative describing how the facility site is oriented within the watershed, identifying downstream ponds, lakes, and mapped wetland areas, and addressing the effects of facility site runoff on the watershed and nearby properties. The narrative shall also identify areas, buildings and facilities that historically flood or which may be affected by the facility site run-off and shall discuss the assumptions used in determining run-off curve numbers, time of concentration and travel time calculations for each drainage sub-area;

(c) Pre-construction drainage study plans showing existing contours, and all topographic features including but not limited to: buildings and facilities, natural and man-made drainage ways, streams, channels, culverts, cover type, elevation benchmarks and datum, catch basins, roads, drainage easements, hydrologic flow lines, hydrologic soil groups, and watershed boundaries (on and off site);

(d) Post-construction or phased drainage study plans showing final or phased contours, all relevant existing contours, and all proposed topographic and other features including but not limited to: buildings and other facilities, natural and manmade drainage ways, streams, channels, culverts, catch basins, roads, drainage easements, cover type, elevation bench marks and datum, hydrologic flow lines, hydrologic soil groups, and final or phased watershed boundaries (on and off site);

(e) Pre-construction stormwater calculations for 25-year, 24-hour storms including runoff curve numbers, time of concentration, and travel times for each sub-area;

(f) Post-construction or phased stormwater calculations for 25-year, 24-hour storms including: run-on controls, runoff curve numbers, time of concentration, and travel times for each sub-area along with calculations for routing the stormwater through detention areas and detention basins;

(g) Basin storage values and sizing calculations, including stage-storage curves and outlet velocities for each detention basin;

(h) Outlet and spillway detail and sizing calculations for each detention basin; and

(i) Detail sheets showing plan and cross sectional views of the detention basins, outlet structures, emergency overflow structures, and associated riprapped areas. Basin cross sections must show and identify the water level elevations for the 25-year, 24-hour storms.

N. Solid Waste Management Hierarchy

(1) Standards. The purpose and practices of the solid waste facility must be consistent with the State's solid waste management hierarchy set forth in 38 M. R. S. A. §2101, which establishes that it is the policy of the State to actively promote and encourage waste reduction measures and the maximization of waste diversion efforts, and which sets forth an integrated approach to the management of solid waste generated in and imported to the State, based upon the following order of priority:
(a) Reduction of waste generated at the source, including both amount and toxicity of the waste;

(b) Reuse of waste;

(c) Recycling of waste;

(d) Composting of biodegradable waste;

(e) Waste processing that reduces the volume of waste needing land disposal; including incineration; and,

(f) Land disposal of waste.

(2) Submissions. The application must include evidence that affirmatively demonstrates that the purpose and practices of the solid waste facility are consistent with the solid waste management hierarchy including, but not limited to:
(a) Solid waste disposal facility. Notwithstanding the provisions of section 6 of this Chapter, evidence that demonstrates that the waste has been reduced, reused, recycled, composted, and/or processed to the maximum extent practicable prior to incineration or landfilling, in order to maximize the amount of material recycled and reused, and to minimize the amount of waste being disposed. Such evidence shall include, but is not limited to, a description of the reduction, reuse, recycling, composting and/or processing programs/efforts that the waste is or will be subject to, and that are sufficiently within the control of the applicant to manage or facilitate, including relevant metrics to evaluate effectiveness; and a description of ongoing efforts to increase the effectiveness of these programs/efforts.

(b) Solid waste processing facility subject to the provisions of 06-096 CMR 409(2)(C). Evidence of consistency with the standards of 06-096 CMR 409(2)(C); and, evidence of the feasibility of recycling or processing all proposed waste streams into a fuel, raw material substitute or other product in conformance with the applicable provisions of 06-096 CMR 409 and 418.

NOTE: 06-096 CMR 409(2)(C) provides that for the purposes of that subsection. "recycle" includes, but is not limited to: reuse of waste as shaping, grading or alternative daily cover materials at landfills, aggregate material in construction, and boiler fuel substitutes, when such reuse is consistent with all applicable requirements of the Solid Waste Management Rules, 06-096 CMR 400 to 419.

(c) All other solid waste facilities except composting, beneficial use and agronomic utilization. Evidence that the facility will, to the maximum extent practicable, incorporate into its design and operation, the implementation of reduction, reuse, recycling, and other waste diversion approaches in order to maximize the amount of waste recycled and reused, and minimize the amount of waste disposed. Such evidence shall include, but is not limited to, a description of the reduction, reuse, recycling, composting and/or other diversion programs that the waste is or will be subject to and that are sufficiently within the control of the applicant to manage or facilitate, including relevant metrics to evaluate effectiveness; and, a description of ongoing efforts to increase the effectiveness of these programs/efforts.

NOTE:Composting, beneficial use and agronomic utilization facilities are not required to make a demonstration of consistency with the solid waste management hierarchy, given their purpose and nature and their placement in the hierarchy.

For the purposes of this section, reducing, reusing, recycling, composting and/or processing waste to the "maximum extent practicable" prior to disposal means handling the greatest amount of waste possible through means as high on the solid waste management hierarchy as possible, resulting in maximizing waste diversion and minimizing the amount of waste disposed, without causing unreasonable increases in facility operating costs or unreasonable impacts on other aspects of the facility's operation. Determination of the "maximum extent practicable" includes consideration of the availability and cost of technologies and services, transportation and handling logistics, and overall costs that may be associated with various waste handling methods.

Disclaimer: These regulations may not be the most recent version. Maine may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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