Code of Maine Rules
06 - DEPARTMENT OF ENVIRONMENTAL PROTECTION
096 - DEPARTMENT OF ENVIRONMENTAL PROTECTION - GENERAL
Chapter 419 - SOLID WASTE MANAGEMENT RULES: AGRONOMIC UTILIZATION OF RESIDUALS
Section 096-419-14 - Municipal Oversight of Residuals Utilization Activities
Universal Citation: 06 ME Code Rules ยง 096-419-14
Current through 2024-38, September 18, 2024
A. Municipal Ordinances. Pursuant to 38 M.R.S.A. §1310-U, under the municipal home rule authority granted by the Constitution of Maine, Article VIII, Part Second 30-A M.R.S.A. §3001, municipalities may enact ordinances with respect to residual utilization and storage that contain standards the municipality finds reasonable, provided the following standards are met:
(1) The standards contained in the ordinance
may not be more strict than those contained in 38 M.R.S.A. §§ 1301
et seq. and these rules;
(2) The municipality must file a copy of the
ordinance with the Commissioner within 30 days of its adoption; and
(3) Municipal ordinances must use definitions
consistent with those in 06-096 CMR ch. 400, section 1, and this
chapter.
B. Municipal Licensing and Enforcement of Sludge Licenses. For purposes of this subsection, the term "sludge" includes municipal, commercial or industrial wastewater treatment plant sludge.
(1)
Municipal Enforcement. Pursuant to 30-A M.R.S.A. §4452(6), a
municipality, after notifying the Department, may enforce the terms and
conditions of a sludge utilization or storage site permit issued by the
Department under this chapter and 06-096 CMR ch. 400.
(2)
Coordination between municipality
and the Department on sludge licenses
(a)
Notification. The Department
shall notify municipalities (municipal officers or their designees) in which
sludge utilization sites or sludge storage sites are being proposed.
Notification will be made within 14 working days of Department receipt of a
complete license application. The notification will include, at a minimum, the
name and address of the applicant, and analytical results of the sludge
proposed to be spread in the municipality.
(b)
Municipal Conditions in Department
Licenses. Prior to approving an application for a sludge land
application site or storage facility, the Department will consult with the
municipal officers or their designees in the municipality in which the site or
facility is proposed, and provide them with an opportunity to suggest
conditions, including additional setbacks, to be included in the license. The
Department will impose those conditions that are necessary for the project to
meet the licensing standards in this chapter. If the Department does not impose
conditions on a license that has been suggested in writing by the municipality,
the Department will provide a written explanation to the
municipality.
(c) The Department
shall consult with a municipality within 10 days of receipt of a request by a
sludge generator to change the terms or conditions of a sludge land application
or storage facility license concerning a facility located in the
municipality.
(3)
Petitions Concerning Sludge Testing Protocols. A municipality may
petition the Commissioner to review a generating facility's testing protocol
for sludge. The Commissioner will respond to the municipality, in writing,
within 10 days of receipt of a written petition. The Commissioner may order the
generator to conduct an additional waste characterization test on their sludge
at the generator's expense. The generator must provide a copy of the additional
test results to the municipality within 30 days of receipt.
Disclaimer: These regulations may not be the most recent version. Maine may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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