Code of Maine Rules
06 - DEPARTMENT OF ENVIRONMENTAL PROTECTION
096 - DEPARTMENT OF ENVIRONMENTAL PROTECTION - GENERAL
Chapter 410 - COMPOSTING FACILITIES
Section 096-410-2 - General Licensing Requirements

Universal Citation: 06 ME Code Rules ยง 096-410-2

Current through 2024-13, March 27, 2024

Except for facilities which are exempt from licensing pursuant to section 1(B) of this Chapter or licensed under sections 5 and 6 of this Chapter, any person proposing to establish a new solid waste composting facility or alter an existing solid waste composting facility must obtain a license pursuant to 06-096C.M.R. ch.400(4) and sections 2 through 4 of this Chapter.

A. Composting Facility General Siting Standards.At the time the application is filed with the Department, the waste handling area at a proposed composting facility may not be located:

(1) Closer than 100 feet to the solid waste boundary of an active, inactive or closed solid waste landfill;

(2) Within a 100 year flood plain;

(3) Within 100 feet of a protected natural resource;

(4) In, on or over a protected natural resource, or on land adjacent to the following areas, without first obtaining a permit pursuant to the Natural Resources Protection Act, 38M.R.S. §§480-A to 480-B B:
(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;

(5) Closer than 300 feet to off-site water supply wells or water supply springs;

(6) Closer than 100 feet to public roads and property boundaries;

(7) Closer than 10,000 feet to any airport runway used by turbojet aircraft, or within 5,000 feet of any airport runway used by only piston-type aircraft, when putrescible waste is to be handled outdoors in an uncovered or exposed condition.

B. Composting Facility General Design Standards

(1) The facility process must be designed to produce a product meeting the specifications needed to distribute the product and must meet the applicable standards in 06-096C.M.R. ch.419.

(2) Design Capacity: The facility design must include composting systems and storage areas of sufficient capacity to accommodate all materials that are delivered to and generated by the facility.

(3) Environmental Monitoring Program Design: A composting facility which has been determined by the Department to pose a potential threat to public health or safety or the environment because of the nature and volume of feedstocks handled at the solid waste facility and/or the location, design and operation of the facility, must have a monitoring program designed and implemented in accordance with the applicable requirements of the 06-096C.M.R. ch.405.

(4) Leachate Control: The facility design must include provisions to contain, collect and treat all leachate and wash waters generated at the facility.

(5) Odor Control
(a) For facilities other than those that compost wastewater treatment sludge from publicly owned treatment works and facilities that compost septage, the facility design must include provisions for the control of nuisance odor consistent with the provisions of Section 4(E)(1) of this Chapter.

(b) For facilities that compost wastewater treatment sludge from publicly owned treatment works and facilities that compost septage, the facility design must include provisions for the control of nuisance odor consistent with the provisions of Section 4(E)(2) of this Chapter.

(6) Clean-up: The facility design must include provisions for the regular wash down or dry clean-up of the facility.

(7) Access: The facility design must include suitable barriers or fencing and gates to prevent unauthorized persons access to the site.

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