Current through 2024-38, September 18, 2024
This section applies to storage of residuals prior to
agronomic utilization. For purposes of this chapter, "a field stacking
facility" means a facility for the storage of residuals on a permeable surface
and not under a permanent roof. For purposes of this chapter, "contained
storage facilities" means storage facilities where residuals are stored on
impervious surfaces or under a roof. All residual storage sites must be sited,
designed and operated to meet the standards in 06-096 CMR ch. 400, sections
3 and
4 and the following standards:
A.
General Siting Standards for
Residual Storage
(1) The residual
handling area must meet the setbacks in table 419.1 and 419.2, and be located
greater than:
(a) 500 feet to the nearest
occupied building other than those owned by the site owner or
operator;
(b) 100 feet from public
roads and abutting property boundaries; and
(c) 300 feet from a great pond that is a
public drinking water supply.
(2) The facility may not be located on a 100
year floodplain
. This prohibition does not apply to sites
where residuals are field-stacked if the following standards are met:
(a) Residuals are stacked for less than 30
days to facilitate a spreading;
(b)
Residuals are stacked only at times when the depth to the water table is 24
inches or greater; and
(c)
Residuals are stacked only prior to September 15th of each year.
B.
General Design
Standards for Residual Storage. The facility must be designed to, in
conjunction with the siting standards, meet the following:
(1) The facility may not contaminate waters
of the state;
(2) Except for field
stacking sites, or storage facilities for Type IA residuals, residual storage
areas must have impervious floors and side walls, such as asphalt or concrete,
sufficient to prevent untreated leachate from discharging into
groundwater;
(3) The residual must
be contained within the facility. The residual may not be discharged to a
protected natural resource, without a license issued pursuant to 38 M.R.S.A.
§480-A et seq.;
(4)
Run-On. Runoff from land
areas surrounding a storage site must be controlled or diverted away from the
stored residual with berms or diversion ditches as necessary to prevent contact
with the stored residual;
(5)
Leachate Control. The site design must have provisions to contain,
collect, and, if applicable, treat leachate and run-off mixed with leachate.
The design may include: roofing or covering the storage area to prevent
excessive leachate generation; providing a filter strip to discharge leachate
to an approved area during the growing season; on-site filtering systems,
and/or a plan developed for ultimate disposal of leachate. Disposal of any
wastewater, leachate and wash down waters must be in accordance with 38
M.R.S.A. §413 et seq.;
(6) The stored residual must not cause an
odor or dust nuisance at an occupied building or protected location, or
spontaneously combust;
(7)
Access Control. For facilities storing Type III residuals, and/or
Type II residuals that have not been treated to class A pathogen reduction
standards, public access to the site must be restricted by, at a minimum,
placing a sign at the access to the storage site that restricts access to
authorized personnel. The Department may require that a locking gate be placed
at the access to the storage site and/or fencing be installed around the
facility, if necessary to meet the criteria in 06-096 CMR ch. 400, sections 3
and 4;
(8)
Traffic.
The site design, in conjunction with siting and operations, must make
provisions to ensure that the facility is accessible during inclement weather
and meets the traffic standards in 06-096 CMR ch. 400 section 4(D), or the
traffic standards in section 4(F) of this chapter;
(9)
Separate Storage. If more
than one residual is stored at the site, separate, labeled, storage areas must
be provided for each different residual; and
(10) Pursuant to 38 M.R.S.A.
§1304(13-A), for storage of sludge generated at industrial facilities
utilizing kraft wood pulping processes, sludge storage sites may not be located
within 300 feet of a year-round river, stream, brook or pond nor within 75 feet
of any intermittent stream or brook or any natural drainage way, including
gullies, swales and ravines.
C.
Additional Siting and Design
Standards for Field Stacking Sites. In addition to the standards in
section 11(A) above, the following siting and design standards apply to field
stacking of residuals that have a C:N of less than 25:1, unless the residual is
a compost or unless the Department determines in a program license that
mineralization or other comparable studies demonstrate that excess nitrates
will not contaminate groundwater. This section also applies to utilization of
other residuals that the Department has determined in a Program license readily
leach contaminants that may contaminate waters of the state;
(1) Unless otherwise provided for by the
Department, field stacking facilities must be located on the site where the
residual will be utilized;
(2)
Storage Volumes. The volume of residual to be stored at the field
stacking site may not exceed that required to meet the utilization requirements
for one spreading season at that site;
(3)
Footprint. The residuals at
the field stacking site may not cover an area greater than 1/2 acre;
NOTE: the waste handling area may be greater
than 1/2 acre
(4)
Soil Type. The waste handling area must have a maximum
permeability in the C horizon of 2.0 inches per hour. Stockpile sites to be
used in excess of 30 days per growing season must be on insitu soils with a C
horizon that is a marine sediment, lacustrine sediment or basal till that is at
least 40 inches thick;
(5) The
waste handling area may not be located on slopes in excess of three (3)
percent;
(6) The minimum depth to
bedrock in the waste handling area must be 40 inches when the residual is to be
stored for over 30 days. The minimum depth to bedrock in the waste handling
area must be 30 inches when the residual will be stored for 30 days or
less;
(7) The minimum depth to the
seasonal high water table in the waste handling area must be 24 inches when the
residual is stored for over 30 days. The minimum depth to the water table in
the waste handling area throughout the time period that the waste will be
stored must be 24 inches when the residual is stored for 30 days or
less;
(8) The waste handling area
may be modified to meet the standards in section 11(C)(5) through (7) above,
except that in no case may the waste handling area be located where the native
soil is less than 30 inches to bedrock, or on hydric soils; and
(9) Leachate Control. Residual field stacking
facilities must be sited and designed so that any leachate, or runoff mixed
with leachate, is not carried beyond an approved utilization area. Applicants
must develop and implement a leachate control plan, as approved by the
Department, which may include filter strips during the growing season, placing
residuals on a layer of sawdust, paper mill fiber or similar material to absorb
free liquids and inorganic nitrogen; placing hay bales and silt fences around
stockpiles; forming piles to shed water; covering piles such that precipitation
does not penetrate the pile; or making provisions to collect and treat
leachate. The leachate control plan must have specific provisions to control
leachate when the ground is not covered with vegetation, frozen, snow covered
or water saturated.
NOTE: NRCS Practice Standard 393 may be used to
design filter strips.
D.
Additional Siting Standard for
Storage of Sludge. The Department may not issue a license for a sludge
storage site or storage facility off the site of generation that is within 250
feet of a river, perennial stream or great pond.
NOTE: the above licensing standard is required
by 38 M.R.S.A. §1310-N(2-G).
