Current through 2024-38, September 18, 2024
All new and existing transfer stations or storage sites, and
storage areas at solid waste facilities licensed under these rules, shall
comply with the operating requirements of this section, unless the storage area
is regulated under 06-096 CMR ch. 409, 418, 419, or sections
6 or
7, which contain separate operating
requirements.
Each transfer station or storage site must be operated so
that it does not contaminate ground or surface water.
A.
Operations manual
(1) An applicant shall prepare and maintain
an operations manual of current policies and procedures. The operations manual
must address all of the operating requirements in this section and is subject
to review and approval by the Department. The manual must be included as part
of the application. For storage areas at solid waste facilities licensed under
other chapters of these rules, the requirements of this section must be
incorporated into the facility's operations manual.
(2) The operations manual must include the
information that would enable supervisory and operating personnel, and persons
evaluating the operation of the facility, to determine the sequence of
operation, policies and procedures, monitoring, maintenance, inspection and
legal requirements that must be followed for safe, orderly and environmentally
sound operation on a daily and yearly basis.
(3) 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.
(4) A hazardous and special waste handling
and exclusion plan shall be developed and implemented in accordance with the
requirements of 06-096 CMR ch. 400, section 9.
Additionally, a facility that provides wood for the
production of biomass fuel, compost or mulch, must describe in the plan how the
facility will inspect, separate from wood for beneficial use and handle wood
treated with arsenic or pentachlorophenol from its arrival at the facility to
its delivery to a disposal facility.
NOTE: A facility that does not separate wood for
the production of biomass fuel, compost or mulch and disposes of all waste
wood, is not required to modify its hazardous and special waste handling and
exclusion plan.
A template for a hazardous and special waste handling and
exclusion plan is attached as Appendix A to 06-096 CMR ch. 400.
(5) A current copy of the
operations manual must be available for inspection at the transfer station or
storage site at all times.
B.
Operational Records. The
operator shall maintain a record of operational information, which may include
the type and quantity of waste received, the equipment used and personnel
training provided, and any deviations from the approved operating
plan.
C.
Stored Wastes
(1) Storage of putrescible waste must be in a
covered structure or in covered leakproof containers.
(2) The approved schedules for removal and/or
disposal of all stored wastes must be complied with and included in the
operations manual.
(3) A contract
for the removal and/or disposal of putrescible waste must be included in the
operations manual. Removal of waste must occur frequently enough to prevent
nuisance problems at the transfer station or storage site, or during transport
of the waste.
(4) Ash from the
burning of wood waste and/or wood from construction or demolition debris must
not be allowed to accumulate to a depth greater than 6 inches. The operations
manual must provide for appropriate disposal or utilization of ash in
accordance with section 4(I). If the ashes are removed from the burn area and
stored at the transfer station or storage site prior to their removal for
disposal or utilization, they must be stored in covered, leakproof containers
after they have reached a safe handling temperature.
(5) A burn area for wood waste and/or wood
from construction or demolition debris must be operated in accordance with
section 4(I). No treated wood may be placed in this area.
(6) Unless otherwise approved by the
Department, separate storage areas must be provided for each different waste
stream.
(7) Unless otherwise
approved by the Department, uncovered individual storage areas for white goods,
tires and construction and demolition debris must be no greater than 2,500
square feet in size. Any tire storage area larger than 625 square feet must be
separated by a fire break consisting of a 25 foot mineral strip. All grasses,
weeds, slash, brush, debris, and other combustible material must be removed
from this fire break.
(8) Unless
otherwise approved by the Department, uncovered storage areas for wood wastes
and/or wood from construction or demolition debris must be no greater than 1
acre in size.
(9) There must be a
minimum of 2 feet separation between outside, unpaved storage areas for wastes,
and the seasonal water table and bedrock, unless the in-situ soils are sand and
gravel. If the in-situ soils are sand and gravel, 2 feet of till soils
containing between 15 and 35% fines must be placed in the storage areas over
the sand and gravel prior to the storage of wastes.
D.
Supervision of Operation
(1) The operation of the solid waste facility
must be under the overall supervision and direction of a person qualified and
experienced in matters of solid waste management.
(2) An attendant shall be on duty at the
solid waste facility during all times the transfer station or storage site is
available for use.
E.
Access Control
(1) The
owner/operator shall provide suitable barriers or fencing and gates to limit
unauthorized persons access to the facility site. The gate may be open only
when an attendant or equipment operator is on duty and capable of overseeing
users of the solid waste facility. The gate must be closed and locked at all
other times.
(2) The owner/operator
shall provide and maintain in good repair access roads at the facility
site.
(3) The owner/operator shall
prominently post the hours of operation and other limitations and conditions of
access at each entrance to the solid waste facility.
F.
Acceptable/Unacceptable
Wastes. Only those wastes specifically permitted by the Department may
be accepted at a solid waste facility.
(1)
Special wastes not specifically permitted by the Department must not be
accepted at a solid waste facility.
(2) Hazardous waste, or waste not easily
identified by the operator as non-hazardous, must not be accepted at a solid
waste facility.
G.
Unloading of Waste
(1) The
owner/operator shall provide for the posting of appropriate signs or other
means to indicate clearly where the different waste streams are to be unloaded,
and where the separate recycling and storage areas within the solid waste
facility are located.
(2) There
must be sufficient unloading areas to meet demands at peak periods.
(3) Wood treated with arsenic or
pentachlorophenol may not be used in the production of biomass fuel, compost or
mulch by the facility. All such treated wood must be stored separately from
wood to be used as biomass fuel or mulch and disposed in a facility approved
for the waste.
H.
Equipment. Equipment must be sufficient to meet the operating
requirements.
(1) The owner/operator shall
provide for the routine maintenance of equipment.
(2) Back-up equipment, or plans to by-pass
the solid waste facility in case of breakdown, must be provided.
(3) Transfer and storage trailers hauling
solid waste must be constructed and operated so as to not allow the discharge
of liquid, the blowing of dust or the escape of solid waste that is being
delivered to or removed from the solid waste facility.
I.
Open Burning of Brush and Wood from
Construction or Demolition Debris. The infrequent open burning of brush,
land clearing debris, wood waste, and wood from construction and demolition
debris is permitted provided all conditions listed below are met:
(1) Solid waste facility personnel or the
local fire department must be present from the time a burn begins until the
fire is completely extinguished.
(2) The wind speed and atmospheric stagnating
conditions must not create any nuisance conditions.
(3) The burning must comply with all
applicable local and state regulations governing fires and the burning of
materials.
NOTE: Open burning is also regulated by 06-096
CMR ch. 102 of the Department's air quality rules.
(4) The burn pile may not contain the
following: treated wood, construction or demolition debris other than unpainted
or painted wood, asphalt products, tires, white goods, brown goods, paper or
cardboard, or refuse.
(5) Burning
may take place on a 2 foot thick soil base pad that is no larger than 625
square feet (unless a larger area has been approved by the Department), on a
reinforced concrete pad, or in a reinforced and tile-lined curtain wall
combuster, provided the burn area is designed, constructed and operated to
prevent the long-term contact of the material and the ash from the burn area
with the soils on the site.
(6) The
burn pad must be surrounded by a fire break consisting of a strip at least 25
feet wide cleared to mineral soil, then a 25 foot wide grass strip. This
firebreak must be maintained, including an annual mowing of the grass strip,
until the burn pad is no longer in use.
(7) Tires, waste oil, or similar wastes may
not be used to start or maintain a burn.
(8) Ashes must not be allowed to accumulate
to a depth greater than 6 inches. Burn pile ash must be transported to a
facility licensed to accept it for disposal or utilization, and be
characterized in accordance with the applicable requirements of 06-096 CMR ch.
405, 418, or 419. Following characterization, the owner/operator will arrange
for the ash to be disposed or utilized in accordance with the provisions of
these rules.
NOTE: The Department has determined, based on
analyses of burn pile ash, that the burning of painted wood renders the ash
unsuitable for agronomic utilization and may result in ash that is a hazardous
waste. Facility owners should limit the amount of painted wood in burn piles to
avoid the costs of disposal of a hazardous waste.
J.
Cleaning and Maintenance of Wood
Waste Storage Areas. At solid waste facilities with a licensed,
uncovered wood waste, and/or wood from construction or demolition debris,
storage area greater than 1 acre in size, the storage area must be cleaned on
an annual basis through the turnover of any wood waste in the storage area, and
the removal and appropriate disposal or utilization of old pulp, wood,
incidental bark and other woody material.
K.
Control of Litter. The
owner/operator shall provide for the routine maintenance and general
cleanliness of the entire solid waste facility, as well as litter removal along
the roads approaching the solid waste facility.
L.
Dust and Odor Control. The
owner/operator shall undertake suitable measures to control dust and odors. The
use of oil and the excessive use of water are prohibited for the purpose of
controlling dust. A facility must be operated in accordance with the odor
control provisions approved for the facility.
M.
Leachate Control. The
owner/operator shall undertake suitable measures to control leachate. The
approved leachate containment, collection and, if applicable, treatment
measures must be complied with and included in the operations manual.
Provisions shall be made for the washdown, dry cleanup, or other cleanup of the
transfer station or storage site. Sanitary disposal of any wastewater, leachate
and washdown waters must be in accordance with 38 M.R.S.A. §413. Washdown
waters and leachate must not be disposed of on-site without the Department's
approval, but must be retained in a holding tank or similar
structure.
N.
Disease.
The on-site population of disease vectors must be minimized to protect
public health. The Department may require a routine program for the control and
elimination of insects and rodents at the transfer station or storage site. An
applicant shall implement supplemental vector control measures, including but
not limited to the use of effective insecticides and rodenticides, when
necessary.
O.
Fire
Protection. The operator shall prevent and control fires at the solid
waste facility by complying with at least the following:
(1) Arrange for a nearby fire department to
provide emergency service whenever called.
(2) Provide for sufficient on-site equipment,
such as detachable fire extinguishers, maintained in working order, for minor
fires.
(3) Provide a separate area
for the placement of hot loads. Hot loads must be extinguished immediately upon
being unloaded, or spread in a thin layer in order to cool. The operator shall
provide for the immediate removal and placement of the hot load in an approved
container as soon as it is cooled, or directly into a landfill approved for the
disposal of this waste.
P.
Waste Oil Collection. Waste
oil collected at a solid waste facility must be stored in aboveground tanks
that are secured to prevent the tanks from tipping over. Tanks must be
protected from vehicular traffic by bollards or similar devices. Tanks must be
constructed of steel or other non-porous material. They may not be located
where any leaks could drain into sewers, floor drains, or storm water catch
basins, and:
(1) If a tank is located
outdoors, the tank must be watertight; either double-walled or have a secondary
impervious containment system that has the capacity to hold a minimum of 110%
of the contents of the tank. The tank and the secondary containment system must
either be covered with a roof or provisions made for removing liquids which
accumulate in the containment system.
(2) If a tank is located inside a building,
it must have rigid piping, a funnel that is rigidly attached, and either be
double-walled or have an alternate means of secondary containment that has the
capacity to hold a minimum of 50% of the contents of the tank.
(3) Tanks must be located such that they can
be readily inspected for evidence of leaks.
(4) Tanks must be maintained in good
condition with no severe rusting, no apparent structural defects or
deterioration, and no visible leaks.
(5) Tanks must be clearly labeled or marked
with the words "Used Oil".
(6)
Tanks must be installed in accordance with applicable state and local
ordinances.
(7) Tanks must be kept
locked at all times except when used oil is being added or removed.
(8) The operator shall supervise the addition
of any used oil to the tank, and shall inspect by sight or scent any oil added
to the tank.
(9) Waste oil must be
removed from the transfer station or storage site by a waste oil transporter
licensed by the Department.
(10)
The owner/operator shall notify the State Department of Public Safety within 2
hours of the detection of a leak from a used oil tank, and immediate action
shall be taken to contain and remove the discharged or spilled oil.
(11) If any waste oil stored at the transfer
station or storage site is determined to be a hazardous waste, the operator
shall notify the Department's Response Services Division within 24 hours of
that determination.
NOTE: 38 M.R.S.A. §§ 1319-G and 1319-Y
contains provisions for the registration of used oil collection centers and the
right to reimbursement for costs incurred in the removal and abatement of up to
660 gallons of waste oil that is determined to be hazardous waste from
registered collection centers.
Q.
Collection of Household Hazardous
Waste
(1) One-day or two-day household
hazardous waste ("HHW") collection events may be held provided that all of the
following conditions are met:
(a) The
collection events are for the receipt of only HHW. The HHW should be contained
within the material's original, labeled container when possible. These wastes
may be household insecticides, pesticides, and herbicides; paints, varnishes,
lacquers, and other surface coatings; waste solvents; waste fuels; and
cleaners. Mixtures of wastes will not be accepted.
(b) Each HHW collection event is not more
than 48 hours in duration, and all wastes and containers are removed at the end
of the collection event.
(c) Each
collection event is conducted by a company qualified to collect, sort and store
hazardous wastes and licensed to transport hazardous wastes under the
Department's Hazardous Waste Management Regulations, 06-096 CMR ch.
850-858.
(d) The collection and
storage of HHW at the approved location must be upon a base which is a firm
impervious surface and which is kept entire.
(e) Materials and personnel must be on hand
to immediately contain, absorb, containerize, and cleanup all spills of HHW
before the waste leaves the impervious asphalt or concrete surface or comes in
physical contact with any unauthorized persons.
(f) The HHW is managed to prevent or minimize
risk to the environment.
(g) The
solid waste owner/operator notifies the Division of Solid Waste at least one
week prior to each HHW collection event.
(2) An ongoing collection program for HHW may
be proposed for the Department's review and approval. The program must include
the following:
(a) Only HHW may be collected.
The HHW should be contained within the material's original, labeled container
when possible. These wastes may be household insecticides, pesticides, and
herbicides; paints, varnishes, lacquers, and other surface coatings; waste
solvents; waste fuels; and cleaners. Mixtures of wastes will not be
accepted.
(b) The collection and
storage of HHW at the approved location must be upon a base which is a firm
impervious surface and which is kept entire.
(c) Materials and personnel must be on hand
to immediately contain, absorb, containerize, and cleanup all spills of HHW
before the waste leaves the impervious asphalt or concrete surface or comes in
physical contact with any unauthorized persons.
(d) The HHW must be managed to prevent or
minimize risk to the environment.
(e) The HHW must be transported from the
transfer station or storage site to a facility licensed to accept it, by a
transporter licensed for this type of activity.
(f) The proposal must include provisions for
the initial and ongoing training of personnel who will be working in the
area(s) where HHW is collected or stored.
R.
Monitoring Program. Where
there are potential threats to public health or safety or the environment
because of the nature of the wastes stored at a solid waste facility and/or the
location, design and operation of the facility, the Department may require a
monitoring program for ground water, surface water or waste characteristics on
a case-by-case basis. In such cases, the monitoring program must be designed
and implemented in accordance with the applicable provisions of 06-096 CMR ch.
405.
S.
Notification of
Closure. The Department shall be notified in writing a minimum of 90
days prior to the proposed date of cessation of use of a solid waste transfer
station or storage site. Notification shall include the following:
(1)
Closure Performance
Standard. A plan outlining the proposed closing operation. The transfer
station or storage site must be closed in a manner that minimizes the need for
further maintenance; and so that the closed facility will not pollute any
waters of the state, contaminate the ambient air, constitute a hazard to health
or welfare, or create a nuisance. At a minimum, the owner/operator must remove
all solid wastes from the transfer station or storage site, and broom clean the
facility structures and equipment.
(2)
Alternative Arrangements. A
license for an alternative storage or disposal facility, or contracts for
disposal of wastes, at another facility, to demonstrate that provisions have
been made for the legal disposal of the solid waste historically handled at
this transfer station or storage site.
T.
Handling of Universal Wastes.
The operator may handle universal wastes from universal waste generators in
accordance with the central accumulation facility provisions of06-096 CMR ch.
858, the Maine Hazardous Waste Management Rules.
NOTE: See Appendix C to this chapter for further
explanation regarding universal waste.
