A.
Facilities and Activities Subject to
the Requirements of this chapter
This chapter applies to agronomic utilization activities and
the storage of residuals prior to utilization. Agronomic utilization is the
land application of residuals in a controlled manner in order to: increase the
nutrient content of the soil at a rate commensurate with the nutritional needs
of the crop to be grown and the assimilative capacity of the soil; otherwise
improve agricultural soil conditions; or provide some other horticultural
benefit. Agronomic utilization includes, but is not limited to:
(1) Land application of sewage sludge,
biosolids, fish by-products, food waste, secondary paper mill sludge or other
residuals to supply nitrogen (N), phosphorus (P), potassium (K), or other
nutrients to a crop;
(2) Land
application of ash, lime-mud, cement kiln dust, or other residuals as an
agricultural liming agent;
(3) Land
application of primary paper mill sludge, flume grit, wood wastes or other high
carbon residuals to control erosion, as a topsoil replacement, as mulch, or to
beneficially increase soil organic matter content;
(4) Utilization of composted residuals,
decontaminated soil, or other processed residuals as a fertilizer, soil
amendment, topsoil replacement or mulch.
B.
Facilities and Activities not
Subject to the Requirements of this Chapter. In addition to the
facilities listed in 06-096 CMR ch. 400, section 2(I), the following activities
and materials are exempt from the siting, design, licensing and operating
requirements of this chapter:
NOTE: Manure and other agricultural wastes used
as fertilizers are not residuals, and therefore are exempt from regulation
under these rules. Utilization of agricultural waste is regulated by the
Department of Agriculture, Conservation and Forestry under 01-001 CMR ch. 565,
Nutrient Management Rules.
(1)
Utilization of chipped, shredded or composted wood and vegetative wastes as
mulch when applied less than one foot thick;
(2) Utilization of chipped, shredded or
composted wood and vegetative wastes for erosion control and filter
berms;
(3) Wood ash from the
burning of wood wastes is not subject to the requirements of this chapter and
is not considered a solid waste if the generator submits written documentation
to the department stating that the wood ash is being used as an effective
substitute for a commercially available agricultural product and identifying
the use of the wood ash and the commercial product it is replacing. For the
purposes of this chapter, effective substitute includes utilization at an
appropriate agronomic rate similar to the material it is replacing.
NOTE: Any ash resulting from the burning of wood
wastes is considered wood ash. No distinction is made between fly ash and
bottom ash.
(4) The
utilization as a topsoil of any of the following:
(a) 50 yds3/yr or
less of dredge materials in the area adjacent to and draining into the dredged
water body;
(b) Dredge materials
from class AA, A and SA water bodies;
(c) Dredge materials from agricultural or
residential ponds, ditches and drainage ways when utilization occurs on the
same property;
(d) Dredge materials
containing less than 15% fines (material passing the #200 sieve) from
representative sampling of a minimum of four samples, or one sample per acre,
whichever is more frequent; or
(e)
Dredge materials free from oil, grease, litter and other contaminants that are
generated from normal maintenance of storm water and erosion control structures
regulated under 38 M.R.S.A. §420-C and §420-D.
NOTE: Dredging activities must still be licensed
under 38 M.R.S.A. §§ 480-A to 480-HH, the Natural Resources
Protection Act.
(5) The agronomic utilization of any of the
following residuals. The volume limit applies to the amount one generator may
distribute for utilization in a calendar year. The volume limit also applies to
the amount that may be received for utilization at any one site in a calendar
year:
(a) 200
yds3/yr or less of Type IA residuals, such as
processed woodwaste, or leaves;
(b)
100 yds3/yr or less of Type IB residuals, such as
certain food processing wastes; or
(c) 50 yds3/yr or
less of Type IC residual, such as fish by-products, provided the Type IC
residual is applied at a generally accepted agronomic rate between April 15 and
July 1 and the waste is incorporated within 24 hours.
NOTE: See 06-096 CMR ch. 400, section 1 for a
complete definition of Type IA, IB, IC, II and III residuals.
(6) The storage on 1 acre or less
for up to 24 months prior to agronomic utilization of any one of the following:
(a) Wood wastes provided individual storage
piles do not exceed 10,000 square feet, and there are 30-foot mineral strips
between piles of chipped or shredded woodwastes;
(b) Sewage sludge at a Publicly Owned
Treatment Works; or
(c) Composted
residuals that meet the standards in section 8 of this chapter; and
(7) The storage on a licensed
utilization site of residuals with a solids content of greater than 12% for 12
hours or less to facilitate spreading.
C.
Processing of Solid Waste
(1) A site where a generator mixes or blends
a residual prior to utilization, but does not otherwise process the residual,
is not subject to 06-096 CMR ch. 409, but is subject to this chapter.
(2) Facilities that compost, aerobically or
anaerobically digest, dry, heat treat, lime stabilize or otherwise alter the
stability, physical properties, pathogen content, or chemical content of
residuals to meet the standards of this rule must meet the applicable standards
of 06-096 CMR Ch. 409 or 410. Utilization of the residual produced by the
processing facility is subject to this chapter.
D.
Beneficial Use of Solid Waste.
Agronomic utilization is a type of beneficial use. Generators proposing
to beneficially use solid waste or waste derived products in a manner that does
not constitute agronomic utilization must meet the applicable standards of
06-096 CMR ch. 418. Agronomic utilization of a solid waste and another
beneficial use of the same solid waste may be approved in one license. Except
for agronomic utilization activities covered under this chapter, beneficial use
activities previously approved under the provisions of Chapter 567 are subject
to the transition provisions of Chapter 418.
