Current through 2024-38, September 18, 2024
A.
Applicability. The
permit-by-rule licensing provisions of this section apply to the processing of
soil contaminated with virgin oil by any of the following facilities that meet
all of the standards of this section:
(1)
Existing asphalt batching plant;
(2) Temporary asphalt batching plant that
operates for less than 30 days each year; or
(3) Cement kiln.
Failure to meet any of these standards will require formal
application to the Department for a license to develop and operate the solid
waste processing facility under sections 2-3. The Department assumes that the
processing of soil contaminated with virgin oil in strict conformity with these
permit-by-rule provisions will meet the standards of Chapter 400, section 4.
Facilities licensed under this section are subject to the operating standards
in section 4, but are exempt from the requirements of Chapter 400, section 9.
No variances to the requirements of this section may be granted.
B.
Standards and
Operating Requirements. The standards and operating requirements of this
subsection apply to all permit-by-rule facilities licensed under this section.
Paragraphs (2) - (6) are operating requirements for existing virgin oil
contaminated soil processing facilities licensed as of November 2, 1998 under
former Chapter 409, section 2.B (effective May 24, 1989).
(1) A temporary facility must obtain written
permission from the property owner and the owners of all occupied buildings
within 1000 feet of the waste handling area.
(2) The facility may only process virgin
oil-contaminated soil material that is accompanied by a shipping manifest
provided by the Department as part of a Department supervised clean-up
project.
(3) The facility owner or
operator must maintain records identifying the origins of the material,
quantities accepted, and the dates of acceptance. The owner or operator must
submit a summary of these records to the Department by February 28th of each
year of operation for the previous calendar year, and upon Department
request.
(4) If oil-contaminated
soil material is stored for more than 24 hours at the batching plant, the
material must be stored either:
(a) In a
covered building, in a covered leak proof container or under an impermeable
synthetic cover on a concrete pad provided the material is not stored for more
than 18 months; or
(b) Uncovered,
provided the uncovered storage is limited to 100 tons of waste, the waste is
bulked with sufficient aggregate so that liquids will not leach from the pile,
and storage of oil-contaminated soil material does not exceed 9 months in any
calendar year. If contaminated with gasoline, the waste must be stored on an
impermeable base.
(5)
The facility must be operated so that it does not contaminate water, land or
air from the handling, storage or processing of oil-contaminated
soil.
(6) Any oil-contaminated soil
material received at the asphalt batching plant that is not processed must be
disposed of at a facility licensed and approved by the Department to accept
such wastes.
NOTE: Asphalt batching plants processing oil-contaminated
soil material may be required to conduct air emission testing pursuant to 38
M.R.S.A. section 608(A). The Bureau of Air Quality Control should be contacted
prior to such processing.
C.
Notification Requirements. At
least 18 working days prior to the first shipment of any virgin oil
contaminated material for processing, the applicant shall submit to the
Department a permit-by-rule notification on a form developed by the Department.
This notification must include:
(1) The
applicant's name, address, telephone number and contact person.
(2) The appropriate application
fee.
(3) Description: A brief
description of the proposed project including a description of the waste to be
processed.
(4) Title, Right, or
Interest: A demonstration of sufficient title, right or interest to the
property proposed for development, as specified in Chapter 2, section
7.
(5) 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, and
the property boundary. The map must indicate all residences within 1000 feet of
the waste handling area.
(6) Public
Notice. A copy of the public notice and other information to demonstrate that
the applicant is fulfilling the requirements of Chapter 400, section
3.
(7) Certification: A statement
signed by the facility landowner and the person responsible for the facility
stating that all applicable standards and requirements of this section have
been met.
