The notification provisions established by this section apply
to the beneficial use of emulsified asphalt encapsulated petroleum contaminated
soil (encapsulated petroleum contaminated soil) as construction fill underneath
paved roads and parking lots, and in other civil engineering applications, when
the material is from a solid waste processing facility licensed by the
Department to produce encapsulated petroleum contaminated soil, a professional
engineer licensed with the State of Maine certifies through the notification
form provided in Appendix C of this rule that all of the provisions of this
section will be met, and the owner of the property where the encapsulated
petroleum contaminated soil will be used agrees to comply with the project
described in the notification package.
By establishing these notification provisions, the Department
finds that the beneficial use of encapsulated petroleum contaminated soil in
strict conformity with the notification provisions will meet the general
standards in section
4 of this rule.
Proposed beneficial uses of emulsified asphalt encapsulated
contaminated soil as construction fill that do not meet all requirements of
this section must be licensed under either section
6(B) or section
9 of this rule.
A.
Notification Requirements. At
least 5 working days prior to the initiation of the beneficial use project, a
completed notification form signed and sealed by a professional engineer
licensed with the State of Maine shall be submitted to the Department. The
notification must be submitted on the form provided by the Department in
Appendix C of this rule. The notification must include:
(1) The appropriate notification fee, payable
to Treasurer, State of Maine;
(2)
A narrative description of the project, and the following information:
(a) A site plan showing where encapsulated
petroleum contaminated soil will be placed;
(b) 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; and,
(c) 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 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,
(3) The amount of
emulsified petroleum contaminated soil to be used in the project, and the
anticipated timeframe for the beneficial use project including the expected
start and completion dates.
B.
Standards.
(1) The project is abeneficial use rather
than disposal or discard, and all encapsulated petroleum contaminated soil
beneficially used will be non-hazardous by characteristic and produced from
contaminated soil that met the definition of petroleum contaminated soil in
section 1 of this rule, as documented through characterization provided by the
processing facility. 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;
(2) The
physical and chemical properties of the encapsulated petroleum contaminated
soil and the material or product it is replacing must be comparable;
(3) The encapsulated petroleum contaminated
soil must meet or exceed any relevant and generally accepted product or
engineering specifications;
(4)
Encapsulated petroleum contaminated soil may not be placed in standing water or
in a channeled drainage flow. It may not be used to fill wetlands, be placed
below the water table, or be allowed to wash into any water of the
State;
(5) All required federal,
state and local approvals must be obtained prior to the beneficial use of
encapsulated petroleum contaminated soil on the project property;
(6) A concrete or asphalt paved surface, or a
6 inch layer of soil, or other material suited to the purpose of the
construction, must completely cover the stabilized encapsulated petroleum
contaminated soil and must be permanently maintained. No surface exposure of
the encapsulated petroleum contaminated soil is allowed;
(7) Encapsulated petroleum contaminated soil
intended to be used for a project may be stored in a secured location near the
project that is under the control of the property owner. All excess
encapsulated petroleum contaminated soil and any residue must be removed from
the project area upon completion of the project;
(8) The beneficial use may not take place on
a residential, school or recreation area open for use by the public;
(9) Delivery of the encapsulated petroleum
contaminated soil to the project property must:
(a) Occur during a construction period not to
exceed 1 year; or
(b) Result in no
more than 16 additional vehicle trips per day; or
(c) Have been permitted under another chapter
of the Solid Waste Management Rules, the Site Location
of Development Law, or by a local authority, if traffic impacts
associated with the beneficial use were considered;
(10) Annual reports for the previous year
must be filed by February 28 for each year in which encapsulated petroleum
contaminated soil is actively used or is stored on the property. The reports
must 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 petroleum contaminated soil was used as certified in the
notification; and,
(11) The
property owner must sign the "Property Owner Agreement to Comply with
Conditions for Beneficial Use of Encapsulated Petroleum Contaminated Soils
Under the Professional Engineer Certification Provisions" form in Appendix
C.
