A.
Applicability. The permit-by-rule licensing provisions of this
section apply to facilities that process wood waste for mulch, compost or fuel
and that meet all of the standards of this section. 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 wood waste for mulch or fuel in
strict conformity with these permit-by-rule provisions will meet the standards
of Chapter 400, section 4. Facilities licensed under this section are exempt
from the requirements of Chapter 400, section 9. No variances to the
requirements of this section may be granted.
NOTE: Chapter 400, section 1 defines "wood wastes" as "brush,
stumps, lumber, bark, wood chips, shavings, slabs, edgings, slash sawdust and
wood from production rejects, that are not mixed with other solid or liquid
waste".
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 (1) and (9) - (15) are operating requirements for existing
wood waste processing facilities licensed as of November 2, 1998 under former
Chapter 404, section 2.D (effective May 24, 1989).
(1) The processing facility may only handle
wood waste. It may not accept for processing painted wood, chemically treated
wood, chipboard, plastic, wood with fasteners, nails, paint or coatings, or
wood that is otherwise contaminated.
(2) The total waste handling area may not
exceed three (3) acres and on-site storage areas may not exceed one (1) acre.
Individual storage piles may not exceed 10,000 square feet.
(3) The facility site may not lie within a
100-year flood plain.
(4) There
must be a minimum of a 100-foot setback from the waste handling area to
property boundaries.
(5) There must
be a minimum of a 500 foot setback from the waste handling area to all water
supply springs.
(6) There must be a
minimum of a 500 foot setback from the waste handling area to all water supply
wells and all residences not owned by the facility operator or owner.
(7) The facility site may not be located
within 100 feet of, 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. Section 480-A et seq.:
(a) A
coastal wetland, great pond, river, stream or brook, or significant wildlife
habitat contained within a freshwater wetland; or
(b) Freshwater wetlands consisting of or
containing:
(i) 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
(ii) peatlands dominated by shrubs, sedges
and sphagnum moss.
(8) Soils: The applicant may only process and
store wood wastes on:
(a) Soils that a Maine
certified soil scientist has determined are moderately well drained to well
drained, as classified by the Natural Resources Conservation Service, and that
are at least 24 inches above the seasonal high water table, bedrock, and sand
or gravel lenses; or
(b) A pad
constructed with the top at least 2 feet above the seasonal high water mark and
is either composed of:
(i) 2 feet of glacial
till (having between 15 and 35% fines) covered with a 6 inch drainage layer of
gravel; or
(ii) soil covered with
asphalt or concrete; or
(c) A surface determined by a Maine certified
soil scientist, soil engineer or other qualified individual as being suitable
for the proposed activity, taking into account the other aspects of the
facility design; or
(d) On a land
area under a permanent, roofed structure.
(9) Drainage: Surface water drainage must be
diverted away from processing and storage areas.
(10) The facility must be operated so that it
does not contaminate water, land or air from the handling, storage or
processing of wood wastes.
(11)
Inspection and access control: The operator must control unauthorized access to
the site and visually inspect incoming materials so that only wood wastes
permitted under section 7(B)(1) are deposited at the facility.
(12) Distribution: Processed wood wastes must
be distributed for use or disposal within two years of receipt at the
facility.
(13) Fire control: The
operator must develop and implement a plan to prevent spontaneous combustion in
wood waste and wood chip piles.
(14) Annual Report: By February 28th of each
year, the operator must submit an annual report covering the previous calendar
year. The annual report must contain;
(a) The
estimated weight or volume of wood wastes received at the facility;
(b) The estimated volume or weight of wood
wastes distributed from the facility;
(c) The estimated volume or weight of wood
wastes stored on site as of December 31st; and
(d) A description of any problems in
operations encountered during the year, and steps taken to correct those
problems.
(15) Closure:
The facility must be closed in a manner that minimizes the need for further
maintenance; and so that the closed facility will not pollute any waters of the
state, contaminate the ambient air, constitute a hazard to health or welfare,
or create a nuisance. At a minimum, the applicant must remove all wastes and
wood chips from the facility; and broom clean the facility structures and
equipment.
C.
Notification Requirements. At least 18 working days prior to acceptance
of wood waste at the facility 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 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.
(6) Flood Plain Map. When
the site is within 1/4 mile of a 100 year flood plain, the application must
include the most recent Federal Emergency Management Agency flood insurance
rate map of the area with the location of the facility clearly
marked.
(7) Tax Map: A copy of the
local tax map marked with the facility location and the names and addresses of
abutters marked on it. The map must indicate all residences within 500 feet of
the waste handling area.
(8) Soil
and Pad Design: One of the following:
(a) A
certification from a Maine certified soil scientist that the soils where wood
wastes will be processed and stored are moderately well drained to well
drained, as classified by the Natural Resources Conservation Service, and that
are at least 24 inches above the seasonal high water table, bedrock, and sand
or gravel lenses.
(b) A description
of the pad or other surface that the wood waste will be processed and stored
on, and which of the standards in section 7.B(8)(b) that surface meets;
(c) A certification from a Maine
certified soil scientist, soil engineer or other qualified individual that the
surface is suitable for the proposed activity, taking into account the other
aspects of the facility design; or
(d) A certification that all processing and
storage will be conducted under a permanent, roofed structure.
(9) A fire control plan to prevent
spontaneous combustion in wood waste and wood chip piles.
(10) 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.
(11) Certification: A statement signed by the
facility landowner and the person responsible for the facility stating that the
standards and requirements of this section will be met throughout operation and
closure of the facility.
