A.
Applicability. This Section
applies to landfills that meet all of the following conditions:
(1) The landfill is operated solely for the
disposal of construction/demolition debris, land clearing debris and/or wood
waste, with incidental amounts of treatment plant grit, car wash basin grit,
storm sewer grit, sediment materials removed from stormwater control
structures, and ash from any permitted on-site burn pile;
(2) The area within the solid waste boundary
is smaller than 6 acres;
(3) The
landfill is located so that none of the siting criteria in section 7(D)(2)
prohibit development; and
(4) The
facility meets the general facility standards of this section.
If any one of these conditions is not met, review and
approval under the previous sections of this Chapter is required.
B.
Exemptions. In addition to the facilities listed in 06-096 CMR ch.
400, section 2, the following solid waste disposal activities are exempt from
the requirements of this Chapter.
(1)
Disposal of construction/demolition debris, land clearing debris or wood wastes
when:
(a) Thesolid waste boundary(ies)
encloses an area of less than one acre;
(b) The disposal facility is located on the
same parcel of land where the waste was generated;
(c) Only one exempt disposal facility is
located on a single parcel of property, except that additional disposal
facilities on the same parcel that are less than one acre size and that were in
existence prior to May 6, 1991 do not require a license under this Chapter if
no additional waste is disposed in those additional facilities after May 6,
1991; and
(2) The
disposal of unprocessed, unburned land clearing debris when:
(a) The solid waste boundary encloses an area
of less than one acre;
(b) Written
permission of the owner of the property has been obtained;
(c) The disposal location is not on a
significant sand and gravel aquifer; and
(d) Only one exempt disposal facility is
located on a single parcel of property and each exempt facility is used for
disposal only one time.
(3) The even distribution of chipped wood or
wood ash from land clearing activities provided that:
(a) The chips are spread over the ground in a
manner that will not inhibit plant growth, or
(b) The ash is spread on the same parcel of
land where generated and spread in a manner that would not inhibit plant
growth.
(4) The disposal
of inert fill, whether generated on-site or off-site.
(5) The extraction and reburial of tree
stumps provided that the stumps are reburied in the same spot where
extracted.
(6) The burial of land
clearing debris associated with utilities rights of way or for the construction
of logging roads, log landings, and wood yards when the waste is deposited on
the same parcel of land where it is generated.
The burial of land clearing debris associated with public
works projects when the waste is deposited on the same parcel of land where it
is generated.
(8) The
disposal of ash and demolition debris from the burning of a building provided
that all asbestos is removed prior to burning, the solid waste is buried above
high water on the same parcel of land where it is generated, and it is covered
with a minimum of 18 inches of soil.
NOTE: You may be asked to disclose the on-site
burial of solid waste at the time of property sale. If it is known that the
building contained lead paint when burned, the presence of this material on the
property must be disclosed at the time of property sale in accordance with
02-039 CMR ch. 330, the Maine Real Estate Commission's "Minimum Standards of
Practice" rule.
These activities are not exempt from the Waste Discharge Law
(38 M.R.S.A. §413) or other provisions of State Law.
C.
General Requirements for
Licensing Construction/Demolition Debris, Land Clearing Debris and Wood Waste
Landfills under this Section
(1)
Performance Standards. Applicants proposing to site a new landfill
or to expand an existing landfill under this section must demonstrate that the
landfill will be sited, designed, constructed, operated and closed to meet the
standards of 06-096 CMR ch. 400.
(2)
Prohibitive Siting Criteria.
To protect public health, safety, and the environment, the locations listed
below are not suitable for siting landfills subject to this section. Variances
from these siting prohibitions may not be granted.
(a) The area within the solid waste boundary
must not be located where the thickness of undisturbed soil material is less
than five feet.
(b) The area within
the solid waste boundary must not be located where the thickness of undisturbed
soil material above the seasonal high water table is less than three
feet.
(c) The waste handling area
must not be located on a 100-year flood plain.
(d) The facility site must not overlie an
unstable area as defined in 06-096 CMR ch. 400.
(e) The area within the solid waste boundary
must not be located within 200 feet of a fault that has had displacement in
Holocene time.
(f) The facility
site must not be located in, on, or over a coastal sand dune system, coastal
wetland, or fragile mountain area, as these terms are defined in 38 M.R.S.A.
§480-B.
(3)
Restrictive Siting Criteria. The siting criteria listed below
apply to siting landfills subject to this section unless the applicant receives
a variance in accordance with the provisions of 06-096 CMR ch. 400, section 13.
(a) The landfill waste handling area must not
be located within 1000 feet of Class AA or Class SA waters, as defined in 38
M.R.S.A. §§ 465 and 465-B.
(b) The area within the solid waste
boundarymust not lie over or be within 300 feet of a significant sand and
gravel aquifer.
(c) The following
set-backs must be maintained:
(i) A minimum
300-foot set-back between the waste handling area and all public
roads;
(ii) A minimum 300-foot
set-back between the solid waste boundary and the property boundary;
(iii) A minimum 1000-foot set-back between
the solid waste boundary and the nearest residence not owned by the applicant
at the time the application is filed with the Department;
(iv) A minimum 100 foot setback between the
solid waste boundary and stratified sand and gravel deposits;
(v) A minimum 250 foot setback between the
waste handling area and classified surface water;
(vi) A minimum 1000 foot setback between the
solid waste boundary and any water supply spring at the time the Preliminary
Site Assessment Report is filed with the Department; and
(vii) A minimum 1000 foot setback between the
solid waste boundary and any water supply well not owned by the applicant at
the time the Preliminary Site Assessment Report is filed with the
Department.
(d) The area
within the solid waste boundary shall be located on soils that contain less
than 15% by volume of stones, cobbles, or boulders and the soils must contain a
minimum 15% fines.
(e) The facility
site must not be located in, on, or over a significant wildlife habitat, as
this term is defined in 38 M.R.S.A. §480-B.
(4)
General Facility Standards.
The applicant must comply with the following requirements. Variances from these
requirements may not be granted.
(a) The
landfill size shall be designed to meet the applicant's disposal needs for no
longer than 20 years.
(b) Special
waste, putrescible waste, or any other unauthorized waste must not be disposed
of in the landfill.
(c) The active
area within the solid waste boundary must be covered with soil material or
other approved cover so that no more than 1/2 acre remains uncovered at any
time.
(d) The minimum allowable
post-consolidation slope is 5 percent. The maximum allowable post-consolidation
slope is 33 percent. Slopes must be designed to promote run-off in a manner
that will prevent erosion of the final cover.
(5)
General Licensing
Requirements. The applicant must comply with the following requirements
during the site investigation and licensing process:
(a) Borings shall be designed, constructed,
and abandoned in accordance with the procedures specified in 06-096 CMR ch.
405. Test pits must be backfilled to prevent surface water infiltration or the
movement of ground water or surface water from one aquifer to
another.
(b) The applicant must
establish a protected permanent benchmark on thefacility site for use in
surveying the landfill, constructed to U.S. Coast and Geodetic Survey
standards. Horizontal and vertical controls must be established for the
benchmark. The benchmark must be:
(i)
Coordinated and reported according to National Geodetic Vertical Datum
Standards, if readily available;
(ii) Shown on all application drawings and
record drawings, as applicable; and
(iii) Clearly marked and
labeled.
D.
Preliminary Site Assessment Report
and other Pre-Application Requirements. Pre-application requirements are
intended to screen out potentially unsuitable sites and to identify potentially
unacceptable approaches to development of a landfill. Prior to submission of an
application for a license to develop a new or expanded
landfill, and at least two months prior to
scheduling the pre-application meeting, the applicant must develop and submit
to the Department for review a completepreliminary site assessment report. A
pre-application meeting and a pre-submission meeting with the Department shall
be held, unless waived pursuant to 06-096 CMR ch. 2. The applicant shall hold a
public informational meeting.
The preliminary site assessment report must contain an
introduction, a summary of findings, and conclusions. It shall consist of the
following information in sufficient detail to demonstrate that the landfill is
located so that none of the siting criteria in section 7(D)(2) prohibit the
proposed development, to identify any restrictive siting criteria, and to
demonstrate that the general facility standards will be met. It may include
workplans for completing the application requirements for Department review and
comment.
The preliminary site assessment report must include the
following:
(1) Medium intensity soils
map, if available;
(2) The most
recent full-size U.S. Geological Survey topographic map of the area (7-1/2
minute series if printed), with the facility site and the property boundary
clearly delineated;
(3) The most
current available aquifer map of the site, if available, from the Maine
Geological Survey;
(4) An
earthquake epicenter map;
(5)
Subsurface information adequate to demonstrate that there are sufficient
in-situ soils and depth to ground water to meet the prohibitive siting criteria
in section 7(D)(2);
(6)
Identification of all classified bodies of water within 1000 feet of the solid
waste boundary;
(7) A map of
protected natural resources located within 500 feet of the proposed facility
site;
(8) A determination that the
waste handling area will not be located in the 100-year flood plain;
(9) A map showing the set-back distances for
the proposed solid waste boundary and/or waste handling area from the
following:
(a) Public roads;
(b) Residences;
(c) Water supply wells and water supply
springs; and
(d) Property
boundaries.
(10) A
synopsis of all the hydrogeologic, geologic and soils information that the
applicant has researched and utilized.
(11) Disposal area(s) size, capacity, and
life expectancy.
E.
Application Requirements. Landfills subject to this section shall
provide application information demonstrating that the facility meets the
performance standards, siting criteria, general facility standards and general
licensing requirements of section 7(D), and the licensing requirements of
06-096 CMR ch. 400. A proposed facility that meets the design, siting, and
operational requirements of this section is presumed to meet the standards of
06-096 CMR ch. 400, sections 4(E), 4(G), and 4(K) because of the siting,
design, and operational limitations placed upon it. The applicant shall submit
to the Department, on forms provided by the Department, the following
information:
(1)
Site Investigation and
Report
(a)
Site
Investigation. Each application for a landfill must include the results
of an investigation conducted to gather the information necessary to complete
the site assessment report described below. The following hydrogeological
investigations are required and must be conducted under the direction of a
Maine Certified Geologist:
(i) Subsurface
investigations are required in sufficient numbers and locations to properly
describe and evaluate the surficial stratigraphy beneath and adjacent to the
proposed area within the solid waste boundary. This investigation must be
extended outside and beneath the proposed area within the solid waste boundary
a distance sufficient to determine set-backs from any stratified sand and
gravel deposits and significant sand and gravel aquifers, and depth to
bedrock.
(ii) A sufficient number
of test pits or borings must be sampled at maximum depth intervals of 5 feet,
or more often if surficial material characteristics change, and be analyzed for
the following:
a. Grain size distribution;
b. Porosity; and
c. Hydraulic
conductivity;
(b)
Site Assessment Report. A
site assessment report shall be prepared by a Maine Certified Geologist. The
report must include a narrative, maps, drawings, cross-sections, results of the
subsurface investigation, and all supporting documentation developed through
the site specific investigation. The narrative must include a discussion of all
information obtained from the investigation, including the site characteristics
and any engineering design and operational measures to be used to develop the
facility in accordance with the rules. The results of the grain size
distribution, porosity, and hydraulic conductivity analyses and the depth to
high water and bedrock for the area within the solid waste boundary must also
be included.
(c)
Maps,
Drawings and Sections. Maps, drawings and sections with the same
horizontal scale must be prepared and submitted according to the requirements
of this paragraph. Unless otherwise specified, maps must be drawn to a scale of
one inch equals 100 feet or larger
.
(i) A topographic base map must be used for
all maps, cross-sections and drawings included in the site
assessment report.
(ii) A surficial
geologic map of the waste handling area must be submitted, based on the on-site
investigation. The solid waste boundary and location of the leachate management
system components, if applicable, for the proposed landfill must be shown on
this map. Geologic contacts appearing on this map and all cross-sections must
be drawn as solid lines where observed and as dashed lines where
inferred.
(iii)
Site Plan and
Profile Drawings. Site plan and profile drawings must be provided to
verify separation to ground water and for construction of the facility.
Locations of test pits and surface water quality monitoring points, if
applicable, must be shown on the plan. The drawings must be to the horizontal
scale of 1 inch = 100 feet, or any larger engineering scale. The vertical
exaggeration for the profiles must be no less than 1 inch = 5 feet. The solid
waste boundary must be shown on the site plan.
(2)
Design Requirements
(a)
Base Preparation. Base
preparation must ensure that any constructed base materials have a hydraulic
conductivity that is compatible with the in-situ soils.
(b)
Cell Development Plan. The
landfill must be designed for phased operation with each cell brought to grade
and topped with operational cover or final cover as the next cell is started.
The phased operation must minimize the quantity of leachate generated by the
landfill.
The cell development plan must consist of a conceptual plan
for phased operations for the life of the landfill and a detailed plan in six
month increments for an initial two year period. Plans must include a narrative
and drawings that address: layout of the cells; projected grades; location and
timing of intermediate and/or final cover; location and construction of cell
access; any relevant aspects of leachate and stormwater management measures;
any relevant aspects of erosion and sedimentation control measures; and other
pertinent facility-specific features.
(c)
Water Balance. An assessment
must be performed of the volume of leachate to be generated by the landfill
during operations, closure, and post-closure periods. As approved by the
Department, a standard method for determining leachate quantity must be used,
such as "Hydrologic Evaluation of Landfill Performance (HELP) Model",
(EPA/600/R-94/168a and EPA/600/R-94/168b). This assessment must be performed
using a minimum 5-year database for climatic input parameters, using
site-specific soils data, and using site-specific design waste properties.
This assessment must demonstrate that the in-situ soils
beneath the area within the solid waste boundary have the ability to infiltrate
all of the potential leachate or be the basis for design of a leachate
management plan.
(d)
Leachate Management. Where on-site soils beneath the area within
the solid waste boundary do not have the capability to infiltrate all of the
potential leachate, a leachate management system is required. If a leachate
management system is required, the following items must be addressed in the
application:
(i) Selected leachate management
options, including leachate collection, storage, treatment, transport to a
treatment facility, and disposal.
(ii) A demonstration that leachate generation
will be minimized. Operational controls must be proposed that will minimize
leachate generation. Operational controls must be proposed as part of the Cell
Development Plan required under section 7(F)(2)(b).
(iii) Leachate management system design. The
design must demonstrate that all potential leachate not capable of being
infiltrated into the on-site soils will be managed in accordance with the
standards of this section.
(iv) A
Quality Assurance Plan must be included to assure that design specifications
and performance requirements for all landfill components are met during
construction.
(v) Construction
Contract Bid Documents must be provided, including drawings, technical
specifications, and the contract administrative documents.
(vi) The Department may require leachate
monitoring if there is a leachate collection system.
(e)
Waste Storage and Burn Areas Design
Submission. For facilities proposing waste storage areas outside of the
solid waste boundary, and/or a burn area for wood wastes and/or wood from
construction/demolition debris as part of the facility site, a design plan must
be submitted. The storage and burn areas must be designed and operated in
accordance with the storage and burn area requirements of 06-096 CMR ch. 402
sections 2 and 4, and must be located at a distance from water quality
monitoring points sufficient to avoid contamination. The plan must provide for
controls to manage potentially contaminated run-off and prevent the discharge
of contaminants to the environment.
(f)
Surface Water Control Plans.
The applicant must submit two surface water control plans: an erosion and
sedimentation control plan which meets the standards and submission
requirements of 06-096 CMR ch. 400, section 4(J) and a stormwater management
plan which meets the standards and submission requirements of 06-096 CMR ch.
400, section 4(M).
(g)
Surface Water Monitoring Plan. A plan for monitoring surface water
quality must be submitted for landfills located near classified surface waters.
This plan must be in conformance with the surface water monitoring requirements
of 06-096 CMR ch. 405.
(h)
Stability Assessment. Depending upon site-specific conditions,
such as weak foundation soils, the Department may require the applicant to
submit a stability assessment sufficient to demonstrate adequate site and slope
stability.
(3)
Waste Management Plan. The applicant shall develop and implement a
waste management plan. This plan must be utilized to minimize landfilling of
wastes. It must include:
(a) A demonstration
of the need for a facility of the requested size;
(b) Disposal area size, capacity and life
expectancy;
(c) An identification
of the construction/demolition debris, land clearing debris, and wood wastes
that are reusable, recyclable, compostable, processable or otherwise
useful;
(d) A waste separation plan
that evaluates the feasibility of separating useful materials from
wastes.
(e) A waste management plan
that reflects the Solid waste management hierarchy in 38 M.R.S.A. §2101.
(i) Reducing both the volume and toxicity of
waste;
(ii) Reuse of
wastes;
(iii) Recycling or
reprocessing of waste and the creation of a new usable material;
(iv) Composting of biodegradable waste either
at the facility, backyard or small scale community programs;
(v) Processing that reduces the volume of
waste needing disposal, including incineration and waste-to-energy technology;
and
(vi) Land disposal, including
the evaluation of regional facilities.
(4) Operations Manual. A copy of the
operations manual must be submitted as part of the application. The operations
manual shall meet the requirements of section 7(H).
F.
Landfill Construction
(1)
Changes from Approved Plans and
Specifications. Prior to implementing any changes to the approved
landfill design, the leachate management systems, or project specifications,
the applicant must receive approval from the Department through an amendment or
minor revision, or through a change order approval. The Department shall issue
a response to a change order request within 5 working days, or approval of the
change order is automatically granted.
(2)
Quality Assurance Plan. The
Quality Assurance Plan approved under section 7(F)(2)(d)(iv) must be
implemented at the beginning of construction.
(3)
Photographic Documentation.
The licensee shall provide the Department with representative photographic
documentation of each stage of construction.
(4)
Record Drawings. The
licensee shall provide record drawings, signed and stamped by a State of Maine
Registered Professional Engineer, to the Department within 45 days after
construction completion for each phase.
(5)
Final Construction Report and
Commencement of Operations
(a)
Commencement of Operations. The licensee shall submit a written
request that the Department conduct an inspection of the completed construction
for a finding of compliance with the facility license. The licensee may not
commence operation of the landfill until the Department conducts or waives the
need for this inspection and approves the written certification and tabulation
of all problems encountered during construction and a description of how those
problems were resolved. This written certification and tabulation of problems
is required as part of the final construction report, but may be submitted
prior to the final report in order to expedite approval for commencement of
operations.
(b)
Final
construction report. The licensee shall submit a final construction
report to the Department within 45 days following construction completion of
each phase. The owner shall retain a copy of this report at the landfill site.
The report must include:
(i) Written
certification, signed and stamped by the engineer(s) supervising the project
inspection, that the facility has been constructed in accordance with the
approved plans and specifications.
(ii) A narrative summary of the construction
process. The summary must include supporting documentation, appropriately
cross-referenced, sufficient for the Department to conclude that the facility
has been constructed in accordance with the approved plans and specifications.
The supporting documentation must include:
a.
A tabulation and summary of all testing results, as applicable;
b. A tabulation of all problems encountered
during construction and a description of how those problems were
resolved;
c. The photographic
documentation required by section 7(G)(3) above; and
d. Quality assurance reports for
earthworks.
G.
Operating Requirements. Any
landfill subject to the requirements of this section must comply with the
operating requirements of this subsection. Each landfill must be operated so
that it does not contaminate ground or surface water outside the solid waste
boundary.
The operations manual must include all the information
necessary to enable supervisory and operating personnel, and persons evaluating
the operation of the landfill, to determine the sequence of operation, policies
and procedures, and monitoring, maintenance, inspection,
and legal requirements that must be followed for safe, orderly
and environmentally sound operation on a daily, yearly, and life cycle basis.
The operator shall take whatever measures are necessary to familiarize all
personnel responsible for operation of the facility with relevant sections of
the operations manual.
The operations manual must address each of the areas
identified below. The operating manual must include a format for, and items to
be covered by, all reporting requirements, including the inspection and
monitoring requirements and the annual report. The operations manual must be
reviewed annually by the operator and updated as necessary. A current copy of
the operating manual must be available for inspection and use at the landfill
at all times.
(1)
Acceptable
Solid Waste. A landfill may accept only construction/demolition debris,
land clearing debris and/or wood wastes, with incidental amounts of ash from an
on-site burn pile, treatment plant grit, car wash basin grit, storm sewer grit,
and sediment materials removed from stormwater control structures as allowed by
the Department in the landfill's current license.
(2)
Implementation of Waste Management
Plan. The owner or operator shall implement the Waste Management Plan as
approved by the Department.
(3)
Hazardous and Special Waste Handling and Exclusion Plan. The
operator shall comply with all provisions of the Hazardous and Special Waste
Handling and Exclusion Plan prepared in accordance with 06-096 CMR ch. 400,
section 9.
(4)
Access to
Disposal Area. The owner or operator shall control access to the
disposal area and shall prevent unapproved wastes from being
disposed.
(5)
Set-Backs and
Buffer Strips. The set-backs and buffer strips approved by the
Department must be maintained.
(6)
Control of Litter. The operator shall provide for routine
maintenance and general cleanliness of the entire facility site.
(7)
Stormwater Management and Erosion
Control. The operator shall provide for erosion and sedimentation
control in compliance with the approved erosion and sedimentation control plan
that meets the standards and submission requirements of 06-096 CMR ch. 400,
section 4(J). The operator shall also provide for stormwater management that is
in compliance with the approved stormwater management plan which meets the
standards and submission requirements of 06-096 CMR ch. 400, section 4(M).
Erosion and sedimentation control structures and stormwater management
structures shall be maintained on a routine basis.
(8)
Side Slopes. Side slopes of
the disposal area shall not be steeper than 3 horizontal to 1
vertical.
(9)
Compaction. Wastes shall be compacted on a weekly basis if the
facility is operated less than 5 days per week and on a daily basis if operated
for 5 or more days per week. From December 16 through March 31 in the southern
zone and from November 16 through April 30 in the northern zone, solid waste
may be deposited at the landfill without compaction or cover if the total lift
height during this period does not exceed 12 feet and the total horizontal area
covered with waste does not exceed 20,000 square feet.
(10)
Cell Development Plan. All
landfills must operate in accordance with the cell development plan submitted
to and approved by the Department
, as required by
section 7(F)(2)(b).
The active area shall be covered with soil or other approved
material at a frequency so that no more than 1/2 acre remains uncovered at any
time. Operational cover shall be placed and compacted to 6 inches thickness in
such a manner that the waste is effectively covered. Cover shall be placed in
accordance with the requirements of the approved cell development plan.
Use of residues from the processing of construction and
demolition debris will be considered only at a landfill with a
Department-approved active gas collection and control system. Alternative
operationalcover proposals must meet the following standards and include the
following submission requirements:
(i)
The alternative operational cover must perform as an acceptable substitute for
the soil material it is replacing, i.e. it must be able to control nuisance
odor, dust, litter and vectors;
(ii) The alternative operational cover must
not exceed 9" in depth after compaction;
(iii) The alternative operational cover
proposal must consider and evaluate impacts on gas quantity and quality from
application of the material;
(iv)
Unless the material proposed as an alternative operational cover has no odor or
potential to create a nuisance odor, the submittal must include an odor
management plan that includes provisions for the prevention and control of
nuisance odor during routine operations, and a process for responding to any
odor complaints received; and
(v)
Use of the alternative operational cover must cease if the Department
determines its use causes a nuisance odor or negative impacts the performance
of the facility's active gas collection and control system.
(11)
Inspections. The operator
shall provide for facility inspections on a regular basis, document the results
of the inspections using the reporting format approved by the Department, and
include a summary of the inspection results in the annual report required by
section 7(H)(21). Items to be included in these inspections, an inspection
schedule, and reporting formats must be provided in the operating manual. The
inspection reports must be kept on file at the landfill for a three year
period, and shall be available for Department inspection upon request.
Provisions must be made in the inspection program to demonstrate that
non-conforming inspection items have been brought into conformance, including
documentation of any repairs.
As applicable the inspection program must be sufficient to
document:
(a) That the leachate
management systems, the erosion and sedimentation control measures, and the
stormwater management systems are performing as designed;
(b) That the waste and cover system grades
and placement are in accordance with the approved cell development plan;
and
(c) Any deviations from the
approved plans and specifications;
If the landfill has a leachate management system, the
leachate collection, detection, and transport systems must be inspected at
least annually. If select waste, such as wood chips, is used as a protective
system, the leachate collection system must also be inspected after the first
lift of select waste is placed on top of the collection system.
(12)
Dust
Control. The operator shall use suitable measures to control dust at the
facility site.
(13)
Equipment. The equipment in use at the landfill must be sufficient
to meet the operating requirements of this section. The operator shall have a
contingency plan for obtaining back-up equipment when needed.
(14)
Fire Protection. The
operator shall take suitable measures for the prevention and control of fires
at the landfill site by complying with at least the following requirements:
(a) Arrange for a nearby fire department to
provide emergency service whenever called;
(b) Provide sufficient on-site equipment for
minor fires such as detachable extinguishers, maintained in working
order.
(c) Maintain a soil
stockpile sufficient to suppress fires.
(d) Observe the current applicable rules of
the State of Maine Bureau of Forestry, Department of Conservation.
(e) Provide a mechanism at the facility site
to communicate with the local fire department.
(15)
Surface Water Monitoring
Program. If applicable, the operator shall monitor environmental effects
from the landfill in accordance with the most recent surface water monitoring
plan approved by the Department.
(16)
Operating Records. The
operator shall keep a record of operational information for the active life of
the landfill, and keep these records on file during the post-closure period.
Operational records must include:
(a) The
type, quantity and origin of waste received;
(b) The equipment, compaction methods, and
cover used;
(c) The portion of the
landfill used;
(d) Any deviations
made from the approved plans and specifications;
(e) Reports from the monitoring
program;
(f) Accident
reports;
(g) Equipment breakdowns
that caused significant operational problems;
(h) Inspection records; and
(i) Fires.
(17)
Supervision of Operation.
The operation of the landfill must be supervised and directed by key personnel
qualified and experienced in disposal of construction/demolition debris, land
clearing debris, and wood wastes disposal. An attendant must be on site during
all operating hours.
(18)
Waste Handling Area. The operator shall post appropriate signs or
other means to indicate clearly where wastes are to be unloaded and where
separate disposal and storage areas are located within the facility
site.
(19)
Open Burning of
Brush and Wood from Demolition Debris. Open burning of solid waste other
than wood waste and painted wood, is prohibited at all landfills. All burning
must be confined to a burn area approved by the Department. Wood that has been
treated may not be burned. Other wastes, such as tires or waste oil, may not be
used to start or maintain a burn. Burning must be done in conformance with the
requirements of 402, section 4(I).
(20)
Disposal of Non-Friable
Asbestos. The disposal of non-friable asbestos in products such as
roofing, siding, and resilient floor coverings may occur without a special
waste permit. Disposal of friable asbestos, such as pipe and boiler insulation,
is prohibited at construction and demolition debris landfills.
All asbestos waste delivered to the landfill must be
containerized in conformance with the requirements of 06-096 CMR ch. 425,
section 9 (A)(2) (the "Asbestos Management Regulations" effective January 1,
1994). Non-friable asbestos waste must not be subject to shredding, crushing,
or any other form of volume reduction prior to placement in the landfill.
Asbestos waste shall not be dropped or thrown more than 3 feet. Due care and
caution must be utilized during asbestos waste handling to avoid damage to the
packaging. Any asbestos waste found to be leaking or improperly packaged shall
be immediately repackaged. The non-friable asbestos waste must be covered by a
minimum of 6 inches of cover by the end of the working day.
Cementitious asbestos piping (transite pipe) is exempt from
the packaging requirements provided the waste is kept adequately wetted during
loading, transport, and off-loading. Municipalities may request approval from
the Department for an alternative disposal location for cementitious asbestos
piping generated from the replacement of piping as part of public works
projects. Cementitious asbestos piping which is no longer being used may be
left in the trench and buried in place provided it remains intact and its
location is noted in public works records.
NOTE: Any non-friable asbestos which has
deteriorated or has been cut, broken, abraded, weathered, or acted upon by any
other means may be considered by the Department to be friable asbestos.
(21)
Annual Report.
Pursuant to 38 M.R.S.A. §1310-N(6-D), an annual report and fee shall be
submitted to the Department for review and approval by the operator on a
schedule consistent with the requirements of 06-096 CMR ch. 400, section 3(E).
The format for this report must be contained in the operations manual for the
landfill.
(a)
General. The
annual report must include:
(i) A summary of
activity at the landfill during the past year. This shall include a narrative
describing any factors, either at the landfill or elsewhere, that effected the
operation, design or environmental monitoring program of the
landfill.
(ii) An evaluation of the
landfill's operations to verify compliance with the approved operations manual,
licenses, and regulatory requirements. This evaluation shall be performed
either by qualified facility personnel or a qualified consultant.
(b)
Operations. As
part of the annual report, the following operational information is required.
(i) An estimate of the capacity of the
landfill used in the past year and an estimate of the landfill's remaining
capacity.
(ii) A description and
estimate of the amount of cover material used in the past year.
(iii) A description of changes in the
operations manual during the past year.
(iv) Proposed changes to the operations
manual, or any aspect of the landfill's operations.
(v) A summary of responses to spills, fire,
accidents and unusual events that occurred at the landfill in the past
year.
(vi) Updated cell development
plans for subsequent two year periods, as needed, highlighting any changes to
the approved plan.
(vii) Copies of
reports prepared in accordance with the facility's Hazardous and Special Waste
handling and Exclusion Plan.
(viii)
A report on the results of the facility's inspection and monitoring
programs.
(ix) If applicable,
documentation of system failures and repair measures.
(c)
Monitoring. The following
monitoring information must be included in the annual report. All evaluations
must be done in accordance with the landfill's approved surface water
monitoring program.
(i) An evaluation of data
gathered for each surface water monitoring point, if applicable, for the
landfill, including a statistical analysis of the data where
appropriate.
(ii) For facilities
that have leachate collection, an evaluation of the quantity and quality of
leachate generated by the landfill during the past year, if applicable,
including a comparison of the past year's leachate monitoring results to
previous years' results.
H.
Closing Requirements.
Landfills licensed under the provisions of this section must close in
accordance with the requirements of this subsection. Construction/demolition
debris landfills less than 6 acres in size that were in existence prior to the
effective date of this rule must submit a closure plan to the Department for
review and approval prior to beginning closure construction activities. At a
minimum, the closure application must meet the following requirements and must
address potential contamination issues and any site and slope stability issues
that may exist due to site-specific conditions.
(1)
Cover Requirements. All
landfills licensed under this section must be closed out in accordance with the
requirements of this subsection within 180 days of the last receipt of waste
and must be graded to a maximum side slope of 3 horizontal to 1 vertical and a
minimum top slope of 5%. The final cover must consist of 18 inches of clay or
well-graded till containing a minimum of 35% fines overlain by 6 inch soil
layer suitable to grow vegetation. The vegetative layer must be seeded with an
effective ground cover within one growing season of the completed disposal.
Owners/operators must submit a written certification within 45 days of closure
completion stating that the facility was closed in accordance with the
requirements of this subsection. Final cover for landfills with leachate
collection must have a cover system less permeable than the underlying soil and
provisions must be made for on-going management of leachate.
(2)
Permanent Record. Within 60
days of completion of final closure construction, the licensee shall prepare
and record in the Registry of Deeds information and deed restrictions to
provide notice to prospective purchasers and a public record of the location of
the landfill. The licensee shall provide a copy of the recorded information and
deed restriction to the Department.
(a) The
information must include:
(i) The type of
facility located on the parcel and the dates of its operation and
closure.
(ii) A description of the
location, composition, extent and depth of the waste deposited.
(iii) The location and identification number
of monitoring wells on the property, if any.
(b) A deed restriction must be included. It
must state and effectively provide that post-closure use of the property may
not disturb the integrity of the final cover, liner system or other components
of the containment system, or the functioning of the monitoring systems,
without prior written approval of the Department.
I.
Post-Closure
Requirements. Landfills licensed under this section are subject to the
following requirements for post-closure care for a period of 10 years following
closure unless extended by the Department due to identified threats to public
health, safety, or the environment.
(1)
Surface Water Monitoring. If applicable, surface waters must be
monitored semi-annually after closure until the Department approves a decrease
or cessation in monitoring frequency or parameters or both.
(2)
Cover Maintenance. The final
cover must be maintained to protect its integrity and prevent ponding of water
or erosion of cover materials. Vegetative cover must be mowed annually to
prevent the growth of deep rooted, woody plant species. Animal burrows into the
cover must be eliminated and the cover repaired as needed.
(3)
Drainage. The closed
landfill must be kept well drained.
(4)
Restricted Access.
Provisions must be made to prevent the disposal of additional solid waste on
the site and to protect the integrity of the final cover system.
(5)
Leachate Monitoring and
Maintenance. For facilities with leachate management systems, leachate
and the leachate management system must be monitored after closure of the
landfill. Leachate management systems must be monitored every four months for
quality and flow rates until the Department approves a decrease or cessation in
monitoring frequency or parameters or both. Provisions must be made for
continued leachate removal and treatment until the Department approves a
cessation in removal and treatment.
(6)
Inspections. The landfill
must be inspected semi-annually after closure in accordance with an approved
plan until the Department approves a decrease in frequency or cessation of
inspections. Deficiencies noted during inspections must be corrected as soon as
weather conditions allow.
(7)
Reporting Requirements. The licensee shall submit the results of
the monitoring and inspection requirements of this section to the Department.
For the first two years of post-closure, the results must be submitted after
each inspection. After the first two years, the results must be submitted
annually until the Department approves a decrease in reporting frequency.
Submittals must include the monitoring results. Deficiencies noted during
inspections must be summarized along with corrective measures taken or
proposed.
(8)
Landfill
Reclamation. An owner shall obtain a license pursuant to 06-096 CMR ch.
400 in order to conduct landfill reclamation activities at a closed
landfill.
