Current through 2024-38, September 18, 2024
A.
Applicability. This section applies to new and existing storage areas
that meet all of the following conditions:
(1) The storage area is located at an active
wood products facility,
(2) Only
wood waste is stored,
(3) The wood
waste is generated on-site, and
(4)
The wood waste is stored for an identifiable commercial or other use.
If any of these conditions is not met, review and approval
under section 2 is required.
NOTE: Section 1 includes exemptions for the
separate storage of a 12-month or less supply of wood waste under specific
conditions.
C.
Siting, Design
and Operating Standards for New Storage Areas at New or Existing Wood Products
Facilities. All storage areas licensed under this section must meet the
following standards.
(1)
Setbacks. The following setbacks must be maintained:
(a) The storage area's waste handling area
must not lie closer than 500 feet to the nearest residence in existence at the
time the application is filed.
(b)
The storage area's waste handling area must not be within 100 feet of an
abutting property boundary, unless, using the form provided as Appendix A of
this chapter, the applicant obtains and submits the written permission of all
property owners having any boundary that is within 100 feet of the proposed
waste handling area, whether or not their property abuts the property proposed
to contain the storage area, for a lessor distance.
(c) There must be a minimum of a 100 foot
setback between the waste handling area and all public roads.
(d) If the storage area is not located on a
sand and gravel deposit, the storage area's waste handling area must not lie
closer than 300 feet from the nearest off-site drinking water supply in
existence at the time the application is filed.
(e) If the storage area is located on a sand
and gravel deposit, the storage area's waste handling area must not lie closer
than 1000 feet from the nearest off-site drinking water supply in existence at
the time the application is filed.
(2)
Protected Natural Resources.
A storage site shall not be located:
(a)
Within 100 feet of a protected natural resource; or
(b) In, on or over a protected natural
resource, or on land adjacent to the following areas, without first obtaining a
permit pursuant to 38 M.R.S.A. §480-A
et seq.:
(i) A coastal wetland, great pond, river,
stream or brook, or significant wildlife habitat contained within a freshwater
wetland; or
(ii) Freshwater
wetlands consisting of or containing:
a. Under
normal circumstances, at least 20,000 square feet of aquatic vegetation,
emergent marsh vegetation or open water, except for artificial ponds or
impoundments; or
b. Peatlands
dominated by shrubs, sedges and sphagnum moss.
(3)
Floodplains. A
storage area may not be located on a 100-year floodplain.
(4)
Soils Other than Sand and
Gravel. There must be a minimum of 2 feet separation between uncovered
storage areas for wastes and the seasonal water table and bedrock at facilities
which are not located on a sand and gravel deposit, unless the wastes are
containerized or on a paved pad. If necessary, till soil may be added to create
the 2 feet of separation. If paved base pads are proposed, run-on/run-off
controls must be designed into the facility.
(5)
Sand and Gravel Soils. An
uncovered storage area proposed to be located on a sand and gravel deposit must
construct a base pad for the storage area(s) over the in-situ sand and gravel
soil. The pad must either be a paved area with run-on/run-off controls or a 2
foot thick till (between 15 and 35% fines) pad, placed over the sand and
gravel.
(6)
Operations. Each wood products facility operating one or more wood
waste storage areas shall develop and implement a Plan of Operations for the
storage area(s) prepared in accordance with the requirements of subsection E.
Each wood waste storage area must be operated so that it does not contaminate
ground or surface water.
(7)
Notification of Closure. The Department shall be notified in
writing a minimum of 30 days prior to the proposed date of cessation of use of
a storage area. Notification shall meet the following closure performance
standard:
(a) The storage area must be closed
in a manner that minimizes the need for further maintenance; and so that it
will not pollute any waters of the state, contaminate the ambient air,
constitute a hazard to health or welfare, or create a nuisance.
(b) At a minimum, the owner/operator must
remove all solid wastes from the storage area.
D.
Permit-By-Rule Notification
Requirements for New Less than 2 Acre Storage Areas. The permit-by-rule
provisions of this subsection shall apply to wood waste storage areas regulated
by this section that are less than 2 acres in size and meet all of the
standards of sections 6(C), 6(D) and 6(F). Failure to meet this size
requirement or any of these standards will require formal application to the
Department for a license to develop and operate the wood waste storage area
under section 6(E), or section 2. The Department assumes that the storage of
wood waste in strict conformity with these permit-by-rule provisions will meet
the standards of 06-096 CMR ch. 400, section 4. No variances to the
requirements of this subsection may be granted.
At least 24 days before commencement of any construction or
operation of the storage area, the applicant shall submit to the Department a
permit-by-rule notification on a form provided by the Department. This
notification must include:
(1)
Description. A description of the proposed wood waste storage
area, and the wood products facility.
(2)
Title, Right or Interest.
Evidence of an applicant's title, right or interest in the property on which
the storage area is proposed to be located, as specified in 06-096 CMR ch. 400,
section 4(A).
(3)
Certification. A statement signed by the applicant that the wood
waste storage areas will meet the requirements of this subsection and conform
with the standards of sections 6(A), 6(C) and 6(F).
(4)
Topographic Map. The most
recent full-size U.S. Geological Survey topographic map (7.5 minute series, if
printed) of the area, showing the storage area boundary and the property
boundary.
(5)
Total Size of
All Uncovered Storage Areas. The uncovered storage areas for wood waste
must be no greater than 2 acres in size when added together.
(6)
Site Plan. An accurate site
plan of the wood products facility showing property boundaries, existing roads,
structures, water supply wells and water supply springs within 500 feet of the
property boundaries, proposed storage area(s), interior roadways, fire breaks,
and any other features connected to the construction and operation of the
storage area(s).
(7)
Property
Tax Map. A copy of the tax map(s) for the area with the following
information noted: the names of each abutter, the location of any residences
located within 500 feet of the proposed storage area(s) with the measured
setbacks noted, the location of all water supply wells and water supply springs
located within 1000 feet of the proposed storage area(s) with the measured
setbacks noted, and the land use of all abutting properties.
(8)
Floodplain Map. The most
recent Federal Emergency Management Agency's flood insurance rate map of the
area, if applicable, to demonstrate that the proposed storage area(s) will not
be located on a 100-year floodplain, restrict the flow of a 100-year flood, or
reduce the storage capacity of a floodplain.
(9)
Public Notice. A copy of the
public notice and other information to demonstrate that the applicant is
fulfilling the requirements of 06-096 CMR ch. 400, section 3.
(10)
The appropriate application
fee.
NOTE: If a wood products facility holds a valid
license from the Department or from the Land Use Regulation Commission,
previously approved application submittals may be submitted in this
application. The application package should note which information was
previously reviewed and approved by the Department, or meets the standards of
the Commission, and include copies of existing licenses or standards.
E.
Reduced
Procedure Application Requirements for New Greater than 2 Acre Storage
Areas. This subsection applies to wood waste storage areas regulated by
this section that do not qualify for permit-by-rule under section 6(D) because
the storage area is greater than 2 acres in size. The Department assumes that
storage areas licensed under this reduced procedure will meet the standards of
06-096 CMR ch. 400, section 4 because of the operational limits placed on the
facility, provided the applicant submits information sufficient to meet the
standards and submission requirements of 06-096 CMR ch. 400, section 4,
subsections A, B, C, D, F, and N and demonstrates that the siting and design
standards, and application information requirements, of sections 6(C), 6(E) and
6(F) have been met. The applicant shall submit to the Department, on forms
provided by the Department, the following information:
(1)
Description. A description
of the proposed wood waste storage area, and the wood products
facility.
(2)
Certification. A statement signed by the applicant that the wood
waste storage areas will conform with the standards of sections 6(A) and
6(F).
(3)
Topographic
Map. The most recent full-size U.S. Geological Survey topographic map
(7.5 minute series if printed) of the area, showing the storage area boundary
and the property boundary.
(4)
Uncovered Storage Areas. A description, including size(s), of the
proposed storage area(s), and, if the storage areas cover a total area greater
than 2 acres in size, a demonstration that the area proposed for uncovered
storage is no greater than the minimum size needed for viable operation of the
wood products facility. The demonstration must include information on the
volumes of wastes delivered to or generated by the wood products facility and a
management plan for handling the wood which provides for flow-through of the
wood waste, and periodic clean-up and maintenance of the storage areas, and
adequate fire protection for the storage areas.
(5)
Site Plan. An accurate site
plan of the wood products facility showing property boundaries, existing roads,
structures, water supply wells and water supply springs within 500 feet of the
property boundaries, proposed storage area(s), interior roadways, fire breaks,
and any other features connected to the construction and operation of the
storage area(s).
(6)
Property
Tax Map. A copy of the tax map(s) for the area with the following
information noted: the names of each abutter, the location of any residences
located within 500 feet of the proposed storage area(s) with the measured
setbacks noted, the location of all water supply wells and water supply springs
located within 1000 feet of the proposed storage area(s) with the measured
setbacks noted, and the land use of all abutting properties.
(7)
Storage Pad Design. A
description of the design and construction of non-containerized uncovered
storage areas for wood waste generated on-site must be submitted to meet the
criteria of section 6(C)(4) or 6(C)(5).
(8)
Erosion and Sedimentation
Control. An applicant shall provide an erosion and sedimentation control
plan which meets the standards and submission requirements of 06-096 CMR ch.
400, section 4(J).
(9)
Flooding. The following information must be provided to
demonstrate compliance with the standards of 06-096 CMR ch. 400, section 4(M):
(a)
Floodplain map. An applicant
shall provide the most recent Federal Emergency Management Agency's flood
insurance rate map of the area, if applicable, to demonstrate that the proposed
storage area will not be located in a 100-year floodplain, restrict the flow of
a 100-year flood, or reduce the storage capacity of a floodplain.
(b)
Stormwater Control Plan. An
applicant shall provide either a stormwater management plan which meets the
submission requirements of 06-096 CMR ch. 400, section 4(M) or a certification
by a qualified professional that the siting and/or design of the proposed
storage area will not result in post-construction runoff that is greater than
pre-construction runoff.
NOTE: If a wood products facility holds a valid
license from the Department or from the Land Use Regulation Commission,
previously approved application submittals may be submitted in this
application. The application package should note which information was
previously reviewed and approved by the Department, or meets the standards of
the Commission, and include copies of existing licenses or standards.
F.
Plan of Operations. All new and existing storage areas for wood waste
regulated by this section must operate in compliance with the requirements of
this subsection. Each wood waste storage area must be operated so that it does
not contaminate ground or surface water. Storage areas being operated at active
wood products facilities prior to the effective date of these rules are
required to comply with these requirements no later than 90 days after the
effective date of these rules. A current copy of the plan of operations for the
storage area(s) must be available for inspection at the wood products facility
at all times.
(1) An applicant shall prepare
and maintain a plan of operations including current policies and procedures for
the storage of wood waste. The management plan must address all of the
operating requirements of this subsection. The plan must be included as part of
the application for new storage areas licensed under sections 6(D) or
6(E).
(2) The plan of operations
must include the information that would enable supervisory and operating
personnel, and persons evaluating the operation of the facility, to determine
what requirements must be followed for safe, orderly and environmentally sound
operation on a daily and yearly basis.
(3) The operator of the wood waste storage
area(s) shall take whatever measures are necessary to familiarize all personnel
responsible for operation of the storage areas with relevant sections of the
plan of operations.
(4) No
demolition debris or waste other than wood waste generated on-site may be
stored by at the wood products facility operating under this section. If the
storage of other wastes is proposed, the storage areas must instead be licensed
and operated under the applicable requirements of section 4.
(5) This plan must provide for flow-through
of wood waste, and clean-up and maintenance of the storage areas. The storage
areas must be cleaned at a minimum on an annual basis through the turnover of
any wood waste in the storage areas, and the removal and appropriate disposal
or utilization of old pulp, incidental bark and other woody material. The
schedule for removal of all stored wastes must be included in the
plan.
(6) An applicant shall
provide and maintain in good repair access roads to the storage area.
(7) The operator shall maintain a record of
operational information, which must include removal dates for waste from
identified sub-areas and any deviations from the approved management
plan.
(8) The operator shall
prevent and control fires at the storage area(s) by complying with at least the
following:
(a) Arrange for a nearby fire
department to provide emergency service whenever called.
(b) Provide for sufficient on-site equipment,
such as detachable fire extinguishers, maintained in working order, for minor
fires.
NOTE: The Department will not review and approve
the plans of operation for all storage areas; however, both new storage areas
licensed under either the permit-by-rule or reduced procedures subsections, and
all storage areas in existence prior to the adoption of these rules are
required to operate storage areas in accordance this subsection.
G.
Notification of Closure. The Department shall be notified in writing a
minimum of 30 days prior to the proposed date of cessation of use of a storage
area. Notification shall meet the following closure performance standard:
(1) The storage area must be closed in a
manner that minimizes the need for further maintenance; and so that it will not
pollute any waters of the state, contaminate the ambient air, constitute a
hazard to health or welfare, or create a nuisance.
(2) At a minimum, the owner/operator must
remove all solid wastes from the storage area.
