Current through 2024-38, September 18, 2024
Any person seeking to establish a solid waste processing
facility under sections 2-4 must provide information sufficient to meet the
standards and submissions requirements of Chapter 400. The applicant must
submit to the Department, on forms developed by the Department, the following
information:
A.
General
Information
(1) Description: A brief
description of the proposed processing facility.
(2) Topographic Map. The most recent full
size U.S. Geological Survey topographic map (7 1/2 minute series, if available)
of the area, showing the location of the proposed facility, the property
boundary, and, if handling putrescible materials, airports within 10,000 feet
of the site. The map must include all surrounding areas within one mile of the
proposed site.
(3) Aquifer Map. A
copy of the most recent Maine Geological Survey Significant Aquifer Map or Sand
and Gravel Aquifer map with the facility site and waste handling area clearly
delineated.
(4) Tax Map: A copy of
the local tax map(s) marked with the facility site and the names and addresses
of abutters on the appropriate lots. For processing facilities proposing
outdoor processing or storage, the map must indicate all residences within
1,000 feet of the waste handling area.
(5) Flood Plain Map. The most recent Federal
Emergency Management Agency flood insurance rate maps of the 100-year frequency
floodplain, with the location of the facility marked, when the site is within
1/4 mile of a 100 year floodplain.
B.
Site Design Characteristics.
An engineering design must be submitted as part of an application. The
sophistication of engineering design required to develop a site for a
processing facility varies according to the physical characteristics of the
site, the size and complexity of the facility, and the nature of the wastes to
be processed. The following components must be included in the engineering
design:
(1) Site Plan. A detailed plan of the
area within 1,000 feet of the waste handling area for tire processing
facilities or 500 feet of the waste handling area for all other processing
facilities, with a scale of 1 inch = 100 feet or a larger engineering scale,
clearly showing, if applicable: all structures; protected natural resources;
roads; property boundaries; receiving, processing, curing and storage areas;
residences; erosion and sedimentation control features; odor control
structures; water supply wells and springs; water quality monitoring points;
and barriers or fencing and gates to prevent unauthorized persons access to the
site. For facilities involving outdoor handling of putrescible wastes in an
uncovered or exposed condition, this plan must also note the direction and
distance of airports within 10,000 feet of the waste and waste handling
area.
(2) Plan Views of the
Structures and Utilities. A large scale construction plan view drawing, with a
minimum engineering scale of 1 inch = 40 feet, clearly showing any building(s)
with foundations; processing unit(s); utilities; leachate, storm water, and
erosion and sedimentation control details; and, if applicable, odor control
systems.
(3) Demonstration for
Size of Storage Areas at Tire Processing Facilities: A description, including
sizes, of the proposed storage areas for both incoming and processed tires, and
a demonstration that the areas proposed for storage are no greater than the
minimum size needed for viable operation of the facility. The demonstration
must include information on the volume of tires to be delivered to the facility
and a management plan identifying markets and a schedule for removal of the
processed tires. The storage areas must also meet the requirements of sections
2.B(2) and 2.B(7).
(4) Financial
Surety for Tire Processing Facilities: Tire processing facilities must provide
evidence of financial surety in the form of escrow accounts or other sureties
that ensure the availability of adequate funds for clean-up operations or final
closure of the tire processing facility.
(5) Contracts for Processed Tires: A copy of
signed contracts or letters of intent to accept all processed tires. Documents
must indicate the maximum quantity of processed tires that will be
accepted.
C.
Process Design Characteristics. A general description of the facility's
waste processing system must be submitted. The complexity and degree of detail
of the description will vary depending on the magnitude and complexity of the
process. This must include, if applicable, process flow diagram(s), the source,
volume, and characteristics of wastes to be received, the products and wastes
to be generated; the methods to be utilized to mix, process and store wastes
and products; the processing equipment to be used on site; provisions for
characterization, including analytical information demonstrating that the
incoming wastes meet the classification proposed to be handled at the facility;
an identification of applicable standards for the product that the facility
will produce, including, when applicable, an identification of secondary
material standards from Chapter 418, and/or residual standards from Chapter
419, or other applicable standards from these rules, and a description of how
these standards will be met.
D.
Residual and Secondary Material Distribution Plan. Where residuals
are proposed for agronomic utilization, the applicant must also submit the
application information required for licensing a utilization program under
Chapter 419. Where secondary materials secondary material are proposed for
other beneficial uses, the applicant must also submit the application
information required for licensing under Chapter 418. The applicant must
describe the disposition of other materials generated at the facility that are
not covered under a beneficial use or agronomic utilization program. The
Department may require financial assurance in the form of a letter of credit,
escrow account, or other approved financial security to finance the cost of
potential remediation or disposal of waste, residuals, or secondary
materials.
E.
Operations
Manual. The applicant must submit an operations manual, containing the
information required in section 4.
F.
Environmental Monitoring
Plan. The applicant must submit an environmental monitoring plan when
required by the Department pursuant to section 2.B(3), including a waste
characterization analytical work plan, if required by the Department.
G.
Odor Control
(1) For facilities other than those that
process wastewater treatment sludge from publicly owned treatment works and
facilities that process septage: Based upon the location, design, and
operational procedures of the proposed facility, the applicant must demonstrate
that the facility will not cause an odor nuisance. This demonstration may be
done by one or more of the following:
(a) A
demonstration that the materials handled at the facility do not generate
objectionable odors;
(b)
Comparative studies with similar existing facilities taking into account
similarities and differences in materials handled, facility design, throughput,
proximity to neighbors, meteorological conditions and topography; or
(c) Odor dispersion modeling studies
demonstrating that the facility will not cause more than a one hour average
odor impact of 2 dilutions to threshold (2D/T), in any calendar year at any
occupied buildings.
NOTE: D/T is defined by ASTM Method 679-91, "Standard
Practice for Determination of Odor and Taste Thresholds By a Forced-Choice
Ascending Concentration Series Method of Limits". The applicant may wish to
demonstrate that it will meet this standard at the processing facility's
property boundary, to ensure that nuisance odors at occupied buildings will not
occur if the areas near the facility are subsequently developed.
(2) For facilities that
process wastewater treatment sludge from publicly owned treatment works and
facilities that process septage: An odor management plan must be submitted that
includes provisions for the prevention and control of nuisance odor during
routine operations and construction activities based upon the location, design,
and operational procedures of the proposed facility. The odor management plan
must include the following information:
(a) An
evaluation of potential process odor and potential off-site
influences;
(b) Proposed methods to
prevent nuisance odor which may include systems for the enclosure of nuisance
odor-producing materials and processes;
(c) Proposed methods to control, reduce or
eliminate nuisance odor; and proposed uses of technology and an evaluation of
the effectiveness of the technology to control, reduce or eliminate nuisance
odor;
(d) Provisions to monitor and
formally document facility nuisance odor if identified at the property
boundary;
(e) A procedure to
formally record and respond to odor complaints in a timely manner;
(f) Odor response procedures that include
response actions to be implemented after the occurrence of an odor event or the
determination of nuisance odor is made. The procedures must outline the
responsibilities of facility personnel, notification provisions to the
Department and the community, and include potential actions that may be taken
along with associated timeframes for implementation;
(g) Provisions to maintain and store back-up
equipment or obtain replacement equipment in a timely manner during shutdown
and malfunction events that is critical to the function of the odor control
system; and
(h) Provisions to
record odor related information including monitoring data, including any
exceedances.
NOTE: The scope and detail required in this plan will be
determined by facility-specific conditions including the complexity of the
facility and waste type(s). Existing plans may be used to demonstrate
compliance provided that they meet, or are modified to meet, the requirements
of this section.
H.
Subsurface Investigation. A
subsurface investigation must be conducted whenever the proposed processing
facility includes the use of in-situ soils as any part of a soil base pad for
handling solid wastes, includes structures requiring foundations, or includes
subsurface wastewater holding or disposal systems. The data must consist of
soil test data in the proposed handling areas from a certified professional
describing and evaluating the surficial geology and/or the subsurface soils.
This information must demonstrate that the facility design is compatible with
the site's soil characteristics, as determined by applicable engineering
standards of practice.
