Current through 2024-38, September 18, 2024
This Chapter applies to solid waste processing facilities. A
solid waste processing facility license under Chapter 400 and this Chapter is
required to locate, establish, construct or operate any new processing facility
or to alter an existing processing facility, unless that facility is exempt
from licensing under these rules.
A.
Facilities Subject to the Requirements of this Chapter. A
processing facility is any land area, structure, equipment, machine, device,
system, or combination thereof, other than licensed incinerators, that is
operated to reduce the volume or change the chemical or physical
characteristics of solid waste. Processing facilities include but are not
limited to facilities that employ shredding, baling, mechanical and magnetic
separation, or other stabilization techniques to reduce or otherwise change the
nature of solid waste. Processing facilities include, but are not limited to,
facilities that:
(1) Shred automobiles, white
goods, scrap metal, machinery, vehicles, tires, demolition debris, wood waste
or other similar materials;
(2)
Shred, separate, or otherwise increase the heat input value of municipal solid
waste to produce refuse-derived fuel;
(3) Aerobically digest, anaerobically digest,
air dry, heat dry, heat treat, lime stabilize, pelletize, chemically treat,
irradiate, pasteurize, or otherwise reduce pathogens or stabilize residuals,
including dewatered septage, to render the residual suitable for agronomic
utilization in accordance with the standards of Chapter 419;
(4) Process solid waste to render the waste
suitable for beneficial use in accordance with the standards of Chapter
418.
B.
Facilities Not Subject to the Requirements of this Chapter. In addition
to the facilities listed in Chapter 400, section 2, the following facilities
are exempt from the requirements of this Chapter:
(1) Facilities that process solid waste
generated at the same facility prior to reuse in that facility.
(2) A compactor, baler or shredder used
inside an industrial plant where such a process exclusively serves that
plant.
(3) Mobile chippers for the
chipping of bark, brush, stumps, slabs, edgings and slash when the chipper is
used on a site for less than 30 days, and, unless otherwise allowed by these
rules, all processed material is removed from the site in accordance with these
rules within 30 days of completion of processing.
(4) Processing systems that are used for
treatment of contaminated soils from sites being remediated under Department
supervision, including land spreading or land farming conducted in accordance
with Department guidelines, provided that processing is also conducted under
Department supervision.
NOTE: The beneficial use of treated soils from Departmental
supervised clean-ups are exempt from regulation under these rules provided they
are used at the contamination site pursuant to Chapter 418, section 2(Q).
Beneficial use off the site is subject to the rules in Chapter 418 (Beneficial
Use) or 419 (Agronomic Utilization).
(5) Facilities blending or mixing residuals
if regulated under a program license issued pursuant to Chapter 419;
(6) Facilities that stabilize sewage sludge
with alkaline agents at a sewage treatment plant if regulated under a program
license issued pursuant to Chapter 419;
(7) Facilities that lime stabilize septage at
a septage land application site or septage storage site licensed under Chapter
420;
(8) Mobile tire shredder or
rim crusher or cutter when the unit is operated on the site of a licensed solid
waste facility for less than 30 days per year, and all processed material is
removed to Department approved facilities within 30 days of completion of
processing;
(9) Mobile white goods,
metal, or car shredder or crusher when the unit is operated on site for less
than 30 days per year, and all processed material is removed to Department
approved facilities within 30 days of completion of processing; and
NOTE: Facilities handling junk vehicles must comply with 30-A
M.R.S.A. section 3752 et seq.
(10) Mobile chippers processing demolition
debris for use as fuel when the chipper is located at a licensed transfer
station, provided processed material is removed within 30 days of
processing.
(11) Transfer stations
that are licensed pursuant to Chapter 402 and that compact, bale or otherwise
process solid waste consistent with the normal operation of a transfer
station.
(12) Solids dewatering
units, such as belt filter presses, located at a wastewater treatment plant,
but not including composting facilities which require a license pursuant to
Composting Facilities, 06-096 CMR 410;
(13) Mobile tire shredder or rim crusher or
cutter when the unit is operated under Department supervision on the site of a
Department approved scrap tire remediation project
C.
Transition and relationship to Other
Solid Waste Rules
(1) Existing
processing facilities:
(a) All existing solid
waste processing facilities must comply with the applicable operating
requirements of this chapter.
(b)
The following previously issued licenses for existing facilities remain in
effect, subject to the conditions specified in Chapter 400 section 3.E:
(i) wood waste processing facilities licensed
pursuant to Chapter 404 (effective May 24, 1989, repealed on November 2, 1998);
and
(ii) processing facilities
licensed pursuant to Chapter 409 (effective May 24, 1989, repealed on November
2, 1998).
(2) Composting of solid waste: The composting
of solid waste is subject to the licensing requirements of the Maine Solid
Waste Management Rules: Composting Facilities, 06-096 CMR 410.
(3) Beneficial Use of Solid Waste: The
beneficial use, other than agronomic utilization, of a secondary material
produced by a processing facility is subject to Chapter 418.
(4) Agronomic utilization of residuals: The
agronomic utilization of a residual produced by a processing facility is
subject to Chapter 419.
(5)
Storage:
(a) The storage of solid wastes at
processing facilities is governed by this chapter, except that, when warranted
by unusual circumstances, the Department will require compliance with
appropriate siting, design, or operational standards from Chapter 402.
NOTE: An unusual circumstance might be the collection and
storage of used motor oil at a processing facility.
(b) Secondary materials produced at
processing facilities and stored at other locations in Maine for beneficial use
must meet the applicable standards of Chapter 402 and 419.
(c) Residuals produced at processing
facilities and stored at other locations in Maine prior to agronomic
utilization must meet the applicable standards of Chapter 419.
(6) Analysis: Characterization of
waste and secondary materials required by this Chapter must be done in
accordance with the applicable provisions of Chapter 405 unless otherwise
specified.
