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 096-419-3 - Siting Standards for Agronomic Utilization

Universal Citation: 06 ME Code Rules ยง 096-419-3

Current through 2024-38, September 18, 2024

A. Siting Standards for Residuals Containing Nitrogen. The provisions of this subsection apply to utilization 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 which the Department has determined in a Program license readily leach contaminants which may contaminate groundwater

(1) Setbacks. The boundaries of the spreading area at a utilization site must be located a minimum distance from certain features, as specified in Table 419.1, at the time the Department receives a complete site license application. The Department may require that the generator increase setbacks if necessary to meet the standards in section 4 of this chapter and 06-096 CMR ch. 400, sections 3 and 4.

Table 419.1

Minimum Setbacks for Leachable Residuals

Type of Feature

Distance in Feet From Site Boundary to Feature

Public well

500

Private well

300

Property line

25

Bedrock outcrop

25

Off-site dwelling or occupied building

300

Surface water, and drainage features with mineral bottoms*

35

Down-slope soils derived from outwash or stratified drift parent materials without a minimum six inch soil cap of loamy fine sand or finer

25

*Surface waters are waters of the state that are not groundwater. Drainage features include ditches, swales, ravines and gullies.

(2) Soil Cap. All soils derived from outwash or stratified drift parent materials must have a minimum six inch soil cap of loamy fine sand or finer.

(3) Minimum Depth to Bedrock. For established perennial crops such as hay, the bedrock must be a minimum of 10 inches below the ground surface. For other crops, including row crops, the depth to bedrock at the site must be a minimum of twenty (20) inches below the ground surface. The Department may increase bedrock separations if necessary to meet the standards in section 4 and 06-096 CMR ch. 400, sections 3 and 4.

(4) Slope. The slope of the site may not exceed 15% for agricultural settings and 25% for forestry settings.

NOTE: If the utilization activity is proposed within the direct watershed of Marine waters, the site is also subject to the siting standards contained in section 3(B).

B. Siting Standards for Certain Residuals

(1) Applicability. The provisions of this section apply to any one of the following:
(a) Sewage sludge and residuals derived from sewage sludge that contains monthly average metal concentrations in excess of the applicable metal concentrations in Table 419.3, column A.

(b) Ash or other liming agents that contain monthly average metal concentrations in excess of the applicable metal concentrations in Table 419.4, columns A through C.

(c) Other residuals with monthly average metal concentrations in the residual that exceed the metal standards in Table 419.5, column A, unless the Department determines in a program license that the provisions of this section are not necessary in order to meet the licensing standards in section 4 and 06-096 CMR ch. 400, sections 3 and 4.

(d) Mixtures of sewage sludge, liming agents and/or other residuals, when the ingredients in the mixture exceed their applicable metal concentrations as outlined above in section 3(B)(1)(a) through (c) unless the Department determines in a program license that the provisions of this section are not necessary in order to meet the licensing standards in section 4 and 06-096 CMR ch. 400, sections 3 and 4.

(e) Utilization of Type II residuals that have not been treated to a class A pathogen standards.

(f) Utilization of residuals that contain greater than 27 ppt 2,3,7,8 TCDD equivalents.

(g) Utilization in direct marine watersheds 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 surface water.

(h) Utilization of residuals, in combination with other nutrient sources, supplying more than the crop uptake rate of phosphorus.

(2) Buffers and Setbacks. Boundaries of the utilization site must be located a minimum distance from some surface water, as specified in Table 419.2, unless otherwise approved in a site specific soil erosion control plan. The Department may increase setbacks if necessary to meet the standards in section 4 of this chapter and 06-096 CMR ch. 400, sections 3 and 4.

When the generator develops a site specific soil erosion control plan, the practices contained in the plan must prevent erosion and sedimentation into water bodies for the fields where the residuals will be utilized, and otherwise prevent surface water contamination. If the generator does develop a soil erosion control plan, the plan must be implemented as approved by the Department. The plan must consider the practices listed in the State of Maine Nonpoint Source Pollution Management Plan published by the Maine Department of Environmental Protection in November of 1989 and updated in 1992. The generator must ensure that erosion control plans are reviewed and, if necessary, modified each year prior to residuals application.

Table 419.2

Minimum Buffers to Protect Surface Water

Buffer Characteristics*

Distance in Feet From Application area to marine waters, lakes, ponds, rivers, streams, brooks, and intermittent streams with mineral bottoms

0-3% slopes, wooded

35

3-8% slopes, wooded

50

8-15% slopes, wooded

100

15-25% slopes, wooded

150

0-3% slopes, non-wooded

50

3-8% slopes, non-wooded

75

8-15% slopes, non-wooded

150

* The slope and cover type refer to the buffer area, and not the adjacent utilization field. Non-wooded buffer for purposes of this table means vegetated fields, reverting fields or grassed areas, and forested areas in which more than 40 percent of the timber has been harvested in the past ten years.

(3) Setbacks. The utilization site may not be located within 300 feet of the high water mark of:
(a) Surface water classified as GPA

(b) Lakes, ponds and springs that are public drinking water supplies; or

(c) The shoreline within 1 mile upstream of the intake pipe on a stream or river that is a public drinking water supply.

(4) Slope. The slope of the site may not exceed 15% for agricultural settings and 25% for forestry settings.

(5) Flood Plain. The utilization site may not be located within the 100-year flood plain. This provision does not apply to sites that will receive Type II residuals treated to a class B pathogen treatment standard.

C. Siting Standards for Utilization of Sludge

(1) The Department may not issue a license for a site where sludge will be utilized within 75 feet of a river, perennial stream or great pond.

(2) The Department will condition a site license to restrict the land application of sludge to no less than 50 feet from abutting property boundaries, if so requested in writing by the abutting property owner during the processing of the site specific license.

NOTE: The above licensing requirements are required by 38 M.R.S.A. §1310-N(2-G)

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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