Code of Maine Rules
06 - DEPARTMENT OF ENVIRONMENTAL PROTECTION
096 - DEPARTMENT OF ENVIRONMENTAL PROTECTION - GENERAL
Chapter 405 - Solid Waste Management Rules: Water Quality Monitoring, Leachate Monitoring, and Waste Characterization
Section 096-405-6 - Solid Waste Characterization Program
Current through 2024-38, September 18, 2024
A. Applicability. All special wastes proposed for storage, processing, beneficial use, agronomic utilization, or disposal in Maine must be characterized in accordance with a Department-approved plan. Any other solid waste may also be required to be characterized in accordance with a Department-approved plan. Facilities licensed solely for the transfer, storage, and/or disposal of municipal solid waste (MSW), wood waste and/or construction or demolition debris (CDD) are exempt from the characterization requirements of this section.
Solid waste facilities licensed to accept solid wastes characterized by the generator are not required to further characterize the waste at the facility, provided the solid wastes are clearly manifested from the point of generation to the accepting facility.
B. General Program Requirements. The owner or operator of a new solid waste facility or activity required to characterize waste under these rules, or by a license or an enforcement agreement, must develop a solid waste characterization program and submit it to the Department for review and receive approval prior to handling of the wastes. This program must be designed to determine the chemical and physical characteristics of the wastes and to monitor these characteristics on an on-going basis. The owner or operator of an existing solid waste facility or activity which has previously characterized its wastes is required to meet only the ongoing characterization requirements of this section, unless an alternative program is approved by the Department or the owner or operator proposes to handle a new waste stream which requires initial and on-going characterization under this section. The program must include detailed information addressing the following:
The sampling plan must include:
In order to assure adequate waste characterization, the plan must be developed in accordance with Department-approved State or Federal guidance documents.
NOTE: The applicable guidance documents include:
C. Specific Analytical Requirements for the Disposal or Beneficial Use of Solid Waste. Solid wastes proposed to be disposed at a solid waste disposal facility or processed or stored prior to disposal must be characterized in conformance with the requirements of this section unless otherwise approved by the Department based on specific characteristics. Residuals approved by the Department for agronomic utilization may be disposed in a landfill approved to accept the waste, without further analysis.
TCLP for metals and herbicides/pesticides;
Polychlorinated Biphenyls (PCBs);
Corrosivity (as pH);
Reactivity; and
Total Organic Halogens (TOX).
PCBs<50 mg/kg (dry weight basis);
TCLP<Regulatory limit;
TOX<1000 ppm;
Sulfide reactivity<500 mg/kg; and
Cyanide reactivity<250 mg/kg
Tetrachloroethylene;
Trichlorofluoromethane;
Trichloroethylene;
Methylene Chloride;
1,1,2 - Trichloroethane;
Ortho-Dichlorobenzene;
Carbon Tetrachloride;
Chlorinated Fluorocarbons;
1,1,2 - Trichloroethane; or
1,2,2 - Trifluoroethane
NOTE: Analyses of burn pile ash indicate 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.
Weigh each component and determine the percent by weight of the total sample for each;
D. Specific Analytical Requirements for Agronomic Utilization Facilities. Solid wastes proposed for agronomic utilization must be characterized in conformance with the requirements of this section unless otherwise approved by the Department, based on specific characteristics. The frequency of sampling must be adequate to represent the residual or site conditions. Frequencies may be enumerated below or in 06-096 CMR ch. 419. The groups of parameters that the generator may be required to analyze for depends upon the processes that generate the residual, inputs to that process and the intended use of the residual. Groups of parameters that the Department may require to be analyzed for by the generator or at sites where residuals are utilized include the following:
Initial analysis for target volatile organic compounds, target semi-volatile organic compounds, total PCBs, and dioxin are required for: sewage sludge generated by POTWs with an average daily flow greater than 2.5 millions of gallons/day; POTWs with pulp and paper, tannery, textile-related or other significant industrial wastewater inputs; POTWs required to enact an Industrial Pretreatment Program according to U.S. EPA regulations 40 CFR Part 403 [iv] as amended up to July 1, 2014; and sludge or residuals from pulp and paper mills, tanneries, textile mills, and ash generators.
Initial analysis for target semi-volatile organic compounds, total PCBs, and dioxin are required for ash generators:
Other methods for determining stability may be approved by the Department on a case by case basis.
Table 405.1 -- Reporting Toxic Equivalency Factors
PCDDs |
TEF |
PCDFs |
TEF |
Mono-, Di and TriCDDs |
0 |
Mono-, Di and TriCDFs |
0 |
2,3,7,8-TCDDs |
1 |
2,3,7,8-TCDFs |
0.1 |
other TCDDs |
0 |
other TCDFs |
0 |
2,3,7,8-PeCDDs |
0.5 |
1,2,3,7,8-PeCDF |
0.05 |
other PeCDDs |
0 |
2,3,4,7,8 PeCDF |
0.5 |
other PeCDFs |
0 |
||
2,3,7,8-HxCDDs |
0.1 |
2,3,7,8-HxCDFs |
0.1 |
other HxCDDs |
0 |
other HxCDF |
0 |
2,3,7,8-HpCDDs |
0.01 |
2,3,7,8-HpCDFs |
0.01 |
other HpCDDs |
0 |
other HpCDFs |
0 |
OCDD |
0.001 |
OCDF |
0.001 |
Type |
IUPAC No. |
Structure |
TEF |
Non-ortho |
77 |
3,3',4,4'-TCB |
0.0005 |
126 |
3,3',4.4',5-PeCB |
0.1 |
|
169 |
3,3',4,4',5,5'-HxCB |
0.01 |
|
Mono-ortho |
105 |
2,3,3',4,4'-PeCB |
0.0001 |
114 |
2,3,4,4',5-PeCB |
0.0005 |
|
118 |
2,3',4,4",5-PeCB |
0.0001 |
|
123 |
2',3,4,4',5PeCB |
0.0001 |
|
156 |
2,3,3',4,4',5-HxCB |
0.0005 |
|
157 |
2,3,3',4,4',5'-HxCB |
0.0005 |
|
167 |
2,3',4,4',5,5'-HxCB |
0.00001 |
|
189 |
2,3,3',4,4',5,5'-HpCB |
0.0001 |
|
Di-ortho |
170 |
2,2',3,3',4,4',5-HpCB |
0.0001 |
180 |
2,2',3,4,4',5,5'-HpCB |
0.00001 |
Table 405.2 -- Compliance Toxicity Equivalency Factors
PCDDs |
TEF |
PCDFs |
TEF |
mono-, di and triCDDs |
0 |
mono-, di and triCDFs |
0 |
2,3,7,8-TCDDs |
1 |
2,3,7,8-TCDFs |
0.1 |
total other TCDD |
0.01 |
total other TCDF |
0.001 |
2,3,7,8-PeCDDs |
0.5 |
,2,3,7,8-PeCDFs |
0.1 |
total other PeCDD |
0.005 |
total other PeCDF |
0.001 |
2,3,7,8-HxCDDs |
0.04 |
2,3,7,8-HxCDFs |
0.01 |
total other HxCDD |
0.0004 |
total other HxCDF |
0.0001 |
2,3,7,8-HpCDDs |
0.001 |
2,3,7,8-HpCDFs |
0.001 |
total other HpCDD |
0.00001 |
total other HpCDF |
0.00001 |
OCDD |
0 |
OCDF |
0.001 |
Sewage sludge must be analyzed for total arsenic, cadmium, chromium, copper, lead, mercury, molybdenum, nickel, selenium and zinc at the frequency in Table 405.3 unless otherwise approved by the Department based on specific characteristics.
Table 405.3
Dry Tons of Sludge Produced Annually |
Sampling and Analysis Frequency |
Analysis Results - Reports Due on 15th of Month Listed |
<200 |
Twice per year |
July, January |
200 - 1000, |
Quarterly |
April, July, October, January |
1001 - 2000 |
Bi-monthly |
March, May, July, September, November, January |
>2000 |
Monthly |
Each month |