Code of Maine Rules
06 - DEPARTMENT OF ENVIRONMENTAL PROTECTION
096 - DEPARTMENT OF ENVIRONMENTAL PROTECTION - GENERAL
Chapter 418 - BENEFICIAL USE OF SOLID WASTES
Appendix 096-418-C - FORMS TO BE SUBMITTED FOR AUTHORIZATION THROUGH
NOTIFICATION FOR THE BENEFICIAL USE OF EMULSIFIED ASPHALT ENCAPSULATED PETROLEUM CONTAMINATED SOIL WHEN CERTIFIED BY A PROFESSIONAL ENGINEER
use with beneficial uses authorized under section 5 of this rule
Criteria for Authorization through Notification of the Beneficial Use of Emulsified Petroleum Contaminated Soil as Construction Fill
All provisions of 06-096 C.M.R. ch. 418 § 5 must be met for this notification of project certification by a professional engineer to be valid. If the answer to any criterion listed below is no, then the project cannot be initiated under the notification process. Please contact the Department's Division of Materials Management for guidance on the type of licensing action needed.
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PROJECT HAS BEEN PLANNED, DESIGNED AND WILL BE IMPLEMENTED TO ACHIEVE THE FOLLOWING: |
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YES |
NO |
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1. The source of the emulsified petroleum contaminated soil will be a solid waste processing facility licensed by the Department to produce encapsulated petroleum contaminated soil. [§ 5] |
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2. The project is a beneficial use rather than disposal or discard, and all encapsulated petroleum contaminated soil beneficially used will be non-hazardous by characteristic as documented through characterization provided by the processing facility, and produced from contaminated soil that met the definition of petroleum contaminated soil in 06-096 C.M.R. ch. 418 § 1. Hazardous wastes that have been treated to render them non-hazardous must be identified as such in the notification package, and the professional engineer must certify that the treatment used is compatible with the emulsification process. [§ 5(B)(1)] |
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3. The physical and chemical properties of the encapsulated petroleum contaminated soil and the material it is replacing are comparable. [§ 5(B)(2)] |
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4. The encapsulated petroleum contaminated soil will meet or exceed any relevant and generally accepted product or engineering specifications. [§ 5(B)(3)] |
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5. The encapsulated petroleum contaminated soil will not be placed in standing water or in a channeled drainage flow. It will not be used to fill wetlands, be placed below the water table, or be allowed to wash into any water of the State. [§ 5(B)(4)] |
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6. All required federal, state and local approvals have been obtained. [§ 5(B)(5)] |
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7. Stabilized encapsulated petroleum contaminated soil will be completely and permanently covered with a concrete or asphalt paved surface, or a 6 inch layer of soil or other material suited to the purpose of the construction. There will be no surface exposure of the encapsulated petroleum contaminated soil. [§ 5(B)(6)] |
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8. Any storage of encapsulated petroleum contaminated soil prior to placement will be in a secure location near the project that is under the control of the property owner. All excess encapsulated petroleum contaminated soil and any residue will be removed from the project area upon completion of the project. [§ 5(B)(7)] |
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9. The beneficial use project is not on a residential, school or recreation area open to the public. [§ 5(B)(8)] |
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10. Vehicle traffic associated with delivery of encapsulated petroleum contaminated soil to the project property will be limited to a construction period of 1 year or less, or no more than 16 vehicle trips per day, or unless the traffic associated with the beneficial use project has been permitted under another chapter of the Solid Waste Management Rules, the Site Location of Development Law, or by a local authority. [§ 5(B)(9)] |
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11. Annual reports for the previous year will be filed by February 28 for each year of the beneficial use project. The reports will include both the quantity of encapsulated petroleum contaminated soil used on the property and the quantity of encapsulated petroleum contaminated soil stored for project use at the end of the calendar year, and verification that encapsulated soil was used as certified in this notification. |
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12. A signed property owner agreement to comply with project described in this notification is attached. |
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Additional Information To Be Included In This Notification
1. A narrative description of the proposed use of the encapsulated petroleum contaminated soil as construction fill, and a site plan showing where encapsulated petroleum contaminated soil will be placed;
2. An U.S.G.S. 7.5 minute topographic map or equivalent map clearly marking the project location, along with the GPS coordinates of the project;
3. A cross-sectional view, with a horizontal scale of 1 inch = 5 feet and a vertical scale of 1 inch = 12 inches (unless an alternative scale is approved by the Department) of each location on the property where encapsulated petroleum contaminated soil will be placed. The cross sections must clearly indicate the location and depth of each material layer as applicable (construction fill, paved surface course, other construction, etc.) and be representative of the project as a whole; and
4. The amount of emulsified petroleum contaminated soil to be used in the project, and the anticipated timeframe for the beneficial use project including start and completion dates.
PROPERTY OWNER AGREEMENT TO COMPLY WITH CONDITIONS for BENEFICIAL USE OF EMULSIFIED PETROLEUM CONTAMINATED SOILS UNDER the PROFESSIONAL ENGINEER CERTIFICATION PROVISIONS
The property owner agrees to the following conditions:
1. Approval of Variations from Plans. This notification is dependent upon and limited to the proposals and plans contained in the notification package submitted to the Department. Any variation from these plans, proposals, and supporting documents requires submittal of a new notification package prior to implementation.
2. Compliance with All Applicable Laws. The property owner shall secure and comply with all applicable federal, state, and local licenses, permits, authorizations, conditions, agreements, statutes, regulations, and orders prior to or during construction and operation, as appropriate.
3. Compliance with All Terms of the Notification Package. The property owner shall submit all reports, including annual reports, and information requested by the Department demonstrating compliance with all provisions of the notification package submitted to the Department.
4. Initiation of Beneficial Use Within Two Years. If the beneficial use activity is not begun within two years of the Department's receipt of the notification package, the notification lapses and a new notification package must be submitted to the Department.
5. Notification Package Included in Contract Bids. A copy of the notification package submitted to the Department must be included in or attached to all contract bid specifications for the beneficial use project.
6. Fees. The project owner must comply with annual reporting fee requirements of the Department's rules.
I certify under penalty of law that the description of the beneficial use project on my property is true, accurate and complete, and that I agree to comply with the conditions of certification listed above. I also certify that I authorize the Department to enter the property that is the subject of this notification package, at reasonable hours, including buildings, structures or conveyances on the property, to ensure compliance with the notification package.
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Signature Date
