A.
License Required for Residual
Utilization and Storage
(1)
Utilization Licenses. The Department must conclude that the licensing standards
in 06-096 CMR ch. 400 and sections 2 through 7 of this chapter are met prior to
a generator distributing a residual for utilization, unless the activity is
exempt under section 1(B) of this chapter. This conclusion may be made in a
program license, or a combination of program license and site specific
utilization license. A program license must be obtained before any site
specific utilization licenses are obtained. The generators of the residual must
obtain the utilization license. An application must be submitted under 06-096
CMR ch. 400 and section 7 of this chapter, or under the permit-by-rule
provisions of sections 8 and 9. For purposes of this rule, processors of solid
waste are the generators of the resultant residual.
(2) Residual Storage Licenses. Prior to
establishing a new residual storage site, or altering an existing residual
storage site, the Department must conclude that the licensing standards in
06-096 CMR ch. 400 and section 11 through 13 of this chapter are met, unless
the activity is exempt under section 1(B). This conclusion may be made in a
program license, a storage site license, or a combination of the two. Field
stacking sites associated with a licensed utilization site may only be licensed
to the residual generator. Other residual storage sites may be licensed to any
person. The Department may approve of utilization and storage at the same
location in one license, provided all of the applicable licensing criteria are
met.
NOTE: Storage of a residual at composting or other processing
facilities is subject to the standards in 06-096 CMR ch. 409 or 410. Storage of
residuals for purposes other than agronomic utilization is subject to 06-096
CMR ch. 402 or in some beneficial use cases, Chapter 418.
(3) Inapplicability of Disposal Facility
Standards. Residual storage sites and utilization activities constitute solid
waste facilities, but do not constitute solid waste disposal facilities, as
defined in 06-096 CMR ch. 400. Therefore, agronomic utilization activities and
residual storage sites are not subject to the provisions specific to solid
waste disposal facilities in 06-096 CMR ch. 400 or the Maine Solid Waste
Laws.
B.
Program
License. A program license assesses the potential benefits and risks
posed by the utilization activity and determines what management practices are
necessary to mitigate those risks, including what type of site specific
license, if any, is required at a residual storage site or the site of
utilization.
C.
Site Specific
Utilization License. The generator must obtain a site specific
utilization license ("site license") for residual utilization or storage if the
Department determines in the program license that a site license is
necessary.
D.
Joint
Utilization. Prior to more than one generator licensing the same site,
the DEP must approve a joint utilization agreement that specifies the
responsibilities of each generator to assure compliance with these rules, their
program license, and their site licenses. The agreement must specify one party
who the Department may direct to correct a deficiency at the site.
E.
License Transfers
(1)
Site License Transfer. A
generator may make application pursuant to 06-096 CMR ch. 2, section 21 to
transfer a utilization site license from another generator when both generators
agree to the transfer, the receiving generator is in compliance with its
program license, and the receiving generator has established title, right or
interest in the site that is being transferred. When both parties generate the
same kind of residual, such as sewage sludge treated to the same pathogen
reduction standard, the transfer may be processed under the permit-by-rule
procedures in section 10. Otherwise the license must be transferred pursuant to
06-096 CMR ch. 2, section 21 and 06-096 CMR ch. 400, section 3(B)(3)
(2)
Program Transfer. When a
facility that generates the residual is transferred to a new owner, the new
owner must obtain Department approval to transfer the utilization program and
associated site and storage licenses pursuant to 06-096 CMR ch. 2, section 21
and 06-096 CMR ch. 400, section 3(B)(3).
F.
Municipal and Public Notice of
Utilization Applications. The public notice provisions of this
subsection replace the public notice requirements of 06-096 CMR ch. 2, section
14, except as specified below.
(1)
Program Licenses. Within 30 days prior to filing an application
for a utilization or storage program license, including an application filed in
accordance with section 8 of this chapter, an applicant shall give public
Notice of Intent to File a new or amendment application, a resubmitted
application that has been returned as incomplete pursuant to 06-096 CMR ch. 2,
section 11(B), or a license transfer. The notice must be published once in
newspapers circulated in the area where the residual will be utilized and/or
stored. In the case of state wide utilization and/or storage, the notice must
be published once in a newspaper where the residual is generated and once in
the Augusta daily paper on a Wednesday. The notice must include the information
required by 06-096 CMR ch. 2, section 14(A), except that the notice for section
8 applications shall include the information required by 06-096 CMR ch. 400,
section 3(B)(1)(c)(iii). The location where the application is locally filled
is the municipal offices where the residual is generated. The applicant does
not need to notify abutters.
(2)
Site Licenses. Except as specified in 2(F)(3) below and section 9
of this chapter, an applicant for a utilization or storage site license, or
site license transfer, shall give public notice in accordance with 06-096 CMR
ch. 2, section 14. This provision also applies to applications filed in
accordance with section 11 of this chapter.
(3)
One Time Use and Pilot Projects
Lasting Less Than One Year. Within 30 days prior to filing an
application for one time utilization or storage lasting less than one year, or
a pilot project lasting less than one year, the applicant must give public
Notice of Intent to File a new or amendment application, or a resubmitted
application that has been returned as incomplete pursuant to 06-096 CMR ch. 2,
section 11(B). A copy of the application and the notice must be provided to the
municipality(ies) in which the site is located. The notice must also be
published once in a newspaper circulated in the areas where the project is
located, unless the application is for a pilot project located at a site
previously licensed under this chapter. The notice must include the information
required by 06-096 CMR ch. 2, section 14(A). The applicant does not have to
notify abutters.
NOTE: Pilot projects are to determine the
feasibility of a common utilization practice. Innovative utilization activities
of an experimental nature must be licensed under the provisions of 38 M.R.S.A.
§362-A.
(4)
Subsequent Information. After any utilization application has been
filed, if the Department determines that the applicant submits significant new
or additional information or substantially modifies its application at any time
after acceptance of the application as complete, the applicant shall provide
additional notice to interested persons who have commented on that application.
The Department may require additional public notice in accordance with this
subsection, if the modifications are significant.
G.
Public Notice Prior to Use of
Certain Sites
(1) At least 30 days
prior to the first use of an approved individual utilization or storage site
that is not the subject of a site-specific license, but is subject to a program
license condition requiring prior notification to the Department of specific
locations where a residual will be utilized or stored, the licensee shall
provide notice of such use to the municipality in which the site is located.
The notice must be mailed by certified mail or Certificate of Mailing to the
municipal office. The notice must include the information required by section
2(G)(3), below.
(2) At least 30
days prior to first use of an approved individual utilization or storage site
that uses or stores sludge generated at industrial facilities employing kraft
wood pulping processes, the licensee shall provide notice of such use to
abutters and the municipality in which the site is located. The notice must be
mailed by certified mail or Certificate of Mailing to the abutters and the
municipal office. The notice must include the information required by section
2(G)(3) below.
NOTE: These notification provisions are required
by 38 M.R.S.A. §1304(13) and (13-A).
(3) The public notice must include the
following information:
(a) Name, address and
telephone number of the program license holder;
(b) Citation of the statutes, rules, or
license under which the site is being considered for utilization or
storage;
(c) Location of the
activity;
(d) Summary of the
activity;
(e) Anticipated date for
filing the notification with the Department; and
(f) A statement that public comments on the
proposed project may be provided to the Department within 10 days of the filing
of the notification, together with the mailing address of the
Department.
H.
Surrender of Site Licenses.
Pursuant to 38 M.R.S.A. §1310-N(6-D), agronomic utilization site licenses
may be voluntarily surrendered by the license holder, upon Department approval.
Surrender will be approved when the Department determines that all residuals
transported to the site have been utilized or removed from the site in
compliance with Department rules and licenses. Petitions for surrender of site
licenses may also be processed in accordance with 06-096 CMR ch. 2, section 23,
"Petition for Surrender of License".
I.
Transition and Relationship to Other
Solid Waste Rules
Wood ash utilization program licenses held by wood ash
generators that are now exempt from these rules in accordance with section
1(B)(3) of this chapter will lapse provided that the licensee surrenders its
utilization program license.
