Current through 2024-38, September 18, 2024
All agronomic utilization activities must be licensed and
operated to meet the following standards.
A.
Residual Suitability. The
residual must be physically and chemically suitable for the intended
utilization activity, must be non-hazardous, and must be of a known and
consistent quality. Ash must be conditioned with water prior to utilization to
prevent fires.
B.
Agronomic
Benefit. The residual must increase the nutrient content of the soil at
a rate commensurate with the nutritional needs of the crop to be grown;
otherwise improve agricultural soil conditions; or provide another
horticultural benefit in which the residual meets or exceeds the generally
accepted product specifications and standards for the product it is replacing.
Each residual in a residual mixture must add to the agronomic benefit of the
whole mixture.
C.
Sampling
Plan
(1) The residual generator must
develop and implement a waste characterization sampling and analytical work
plan and, if required, a site monitoring plan in accordance with 06-096 CMR ch.
405. The frequency of sampling must be adequate to represent the residual, soil
or other media. The Department will require a site monitoring plan when it
determines in a program or site license that a utilization program poses a
potential threat to public health or safety or the environment because of the
nature of the residuals utilized and/or the location, design and operation of a
utilization site.
NOTE: 06-096 CMR ch. 405 requires the applicant
to sample a residual for compounds that may be in the residual. The frequency
of sampling must be adequate to represent the residual. Analytical requirements
depend upon the processes that generate the residual, inputs to that process
and the intended use of the residual.
(2)
Hazardous and Special Waste
Handling and Exclusion Plan Exemption. Utilization activities meeting
the standards of this chapter meet the intent of, and are therefore exempt
from, the requirement in 06-096 CMR ch. 400, section 9 to develop and implement
a Hazardous and Special Waste Handling and Exclusion plan.
D.
Financial and Technical Ability.
The following general licensing standards from 06-096 CMR ch. 400,
section 4 must be met:
(1) 06-096 CMR ch.
400(4)(B) - Financial Ability
(2)
06-096 400(4)(C) - Technical Ability
E.
Protection of Waters of the
State
(1) Utilization may not pollute
any water of the State and residuals may not be placed where they will be
washed into waters of the state.
(2) Unless otherwise approved in a license,
residuals may not be applied when the soil is frozen, snow-covered or
water-saturated.
(3) Residuals must
be evenly applied at or less than the maximum allowable application rates.
Application rates, including additions from other nutrient sources, may not
exceed the following:
(a) agronomic rates for
nitrogen;
(b) 3 tons calcium
carbonate equivalents per acre per year; and
(c) plant uptake rates for phosphorus when
the residual is applied in the direct watershed of Waterbodies Most at Risk
from New Development.
(4) Sufficient vegetative ground cover for
proper nutrient uptake and erosion control must be maintained at the site.
Solids buildup must not impair underlying vegetative growth, unless the
residual is being utilized as a mulch or topsoil replacement.
(5) Crops must be harvested and removed from
the field prior to continued utilization, unless the next year's nutrient
budget is adjusted to account for the nutrients returned by the crop.
(6) All buffer zones required by these rules
between the area of utilization and a surface water, and all buffer zones
required by these rules between the area of utilization and a drainage feature
with a mineral bottom, must be vegetated during application and during the
following growing season. The buffer zone must be inspected just prior to each
spreading. All areas that show evidence of erosion or channeled flow must be
repaired, re-contoured, seeded, mulched and otherwise modified to create sheet
flow. Nutrients of concern may not be applied to buffer zones, except as
necessary to support adequate plant growth to function as a buffer.
(7) Residuals may not be applied to hydric
soils unless exempt or licensed pursuant to 38 M.R.S.A. §§ 480-A to
480-HH. For purposes of this chapter, hydric soil means a soil that is
saturated long enough during the growing season to favor the growth of
hydrophilic plants.
F.
Presumption of Meeting Traffic Movement Standards. The standard
for traffic in 06-096 CMR ch. 400, section 4(D)(1) must be met at all
utilization sites . Unless demonstrated to the contrary, this standard is
presumed to be met at utilization sites when either:
(1) The residual will be used as a topsoil
replacement;
(2) The site is
utilized one time or less every five years; or
(3) The utilization activity results in 16 or
fewer additional vehicle trips per day.
G.
Presumption of Harmoniously Fitting
into the Natural Environment. The standard for fitting harmoniously into
the natural environment in 06-096 CMR ch. 400, section 4(E)(1) must be met at
all utilization sites. Unless demonstrated to the contrary, this standard is
presumed to be met at utilization sites when either:
(1) The residual replaces a virgin material,
such as topsoil or fertilizer, in a construction project;
(2) The purpose of the utilization project is
to reclaim a mined area, close a landfill, or remediate a state designated
uncontrolled hazardous substance site; or
(3) The buffer requirements of CMR ch.
06-400, section 4(E)(1)(b) and the applicable buffer requirements of this
chapter are met at the site of utilization and/or storage.
H.
Presumption of Meeting Putrescible
Residuals for Protection of Air Quality and from Nuisances Standards.
The standard for no unreasonable adverse effect on air quality in 06-096
CMR ch. 400, section 4(G) must be met at all utilization sites. Unless
demonstrated to the contrary, this standard is presumed to be met at
utilization sites when the following standards are met:
(1) Putrescible residuals are not land
applied within 300 feet of occupied buildings other than the site owner's or
operator's. The Department may require that the generator increase setbacks if
necessary to prevent nuisance odors at adjacent occupied buildings;
(2) The generator implements a site specific
odor control plan to mitigate odor impacts at adjacent occupied buildings;
and
(3) The generator informs the
Department each time residuals will be applied at the site at least 1 business
day before spreading.
NOTE: This notification requirement can be
satisfied with a telephone call, voice mail message, e-mail, letter or fax to
the Residuals Utilization Program of the Solid Waste Division at any one of the
Department's central or regional offices.
I.
Additional Operational Standards for
Type II Residuals. The generator must ensure that the following
additional operational standards are met on sites where Type II residuals are
utilized:
NOTE: "Type II Residuals" are residuals that may
contain human pathogens, such as sewage sludge, or solids from dewatered
septage. Pathogen containing residuals must be treated prior to utilization.
Pathogens are microorganisms that cause diseases. The degree to which the
residual is treated for pathogens and vector attraction determines its class.
When residuals are treated to Class A standards, in which pathogens are reduced
to ambient soil concentrations, no additional siting standards apply to
utilization of that residual. When residuals are treated to Class B standards,
in which pathogens are reduced by about 90%, additional siting and operational
standards apply to utilization of that residual.
(1) The Type II residual must be treated to a
Class A or Class B vector attraction reduction standard and Class A or Class B
pathogen reduction standard prior to utilization and field stacking.
(a) To meet a Class A pathogen reduction
standard, the residual must be processed to meet one of the alternatives in
Appendix B(2) of this chapter, either prior to meeting, or at the same time
that the Class A vector attraction reduction requirements are met. The residual
must also meet the following analytical standard at the time the residual is
utilized: The density of Salmonella sp. bacteria in the
residual must be less than three Most Probable Number per four grams of total
solids (dry weight basis). In the absence of analytical data on
Salmonella sp. this standard is presumed to have been met when
the density of fecal coliform in the residual is shown to be less than 1000
Most Probable Number per gram of total solids (dry weight basis).
(b) To meet a Class B pathogen reduction
standard, the residual must be processed to meet one of the alternatives in
Appendix B(3) of this chapter.
(c)
To meet a Class A vector reduction standard, one of the standards in Appendix
B.4 of this chapter must be met.
(d) To meet a Class B vector reduction
standard, one of the standards in Appendix B.5 of this chapter must be
met.
(2) At sites where
residuals treated to Class B pathogen reduction standards are utilized, the
generator must ensure that the following additional provisions are met:
(a) Residuals are applied a minimum of
fifteen (15) inches above the groundwater surface at the time of application.
If residuals are injected or incorporated, a minimum of fifteen (15) inches
separation must be maintained between the water table surface and the limit of
incorporation or injection. Residuals treated to class B pathogen standards and
that are utilized in flood plains, must be applied prior to September
15th;
(b) The buffers and setbacks established in
sections 3(B)(2) and (3) must be met. Additionally, unless otherwise provided
for in a site specific soil erosion control plan, the residual may not be
spread within 25 feet of site waterways including gullies, ravines and
swales;
(c) Food crops grown on the
utilization site with harvested parts that touch a Class B with respect to
pathogens residual/soil mixture and are totally above the land surface, are not
harvested for at least fourteen (14) months after the last application of the
residual that is treated to a Class B pathogen reduction standard;
(d) Food crops grown on the utilization site
are not harvested for at least twenty (20) months after the last application of
a residual that is treated to a Class B pathogen reduction standard when the
crops have harvested parts below the surface of the land and the residual that
is treated to a Class B pathogen reduction standard remains on the land surface
for four months or longer prior to incorporation into the soil;
(e) Food crops grown on the utilization site
are not harvested for at least thirty-eight (38) months after the last
application of residual that is treated to a Class B pathogen reduction
standard when the crops have harvested parts below the surface of the land and
the residual that is treated to a class B pathogen reduction standard remains
on the land surface for less than four months prior to incorporation into the
soil;
(f) Food crops, feed crops,
and fiber crops grown on the utilization site are not harvested from the land
for at least thirty (30) days after the last application of the residual that
is treated to a Class B pathogen reduction standard;
(g) Domestic animals are not allowed to graze
on the land for at least thirty (30) days after the last application of the
residual that is treated to a Class B pathogen reduction standard;
(h) Turf grown is not harvested for at least
one year after the last application of a residual that is treated to a Class B
pathogen reduction standard;
(i)
Topsoil is not mined from a site for at least thirty-eight (38) months after
the last application of a residual that is treated to a Class B pathogen
reduction standard;
(j) Public
access to land with a high potential for public contact is restricted at the
time of application and for one year after the last application of the residual
that is treated to a Class B pathogen reduction standard. At a minimum, signs
must be placed at common entranceways, unfenced open areas, and other
appropriate locations to provide notice of restricted access; and
(k) Public access to land with a low
potential for public exposure is restricted at the time of application and for
30 days after the last application of the residual that is treated to a Class B
pathogen reduction standard. If necessary, the Department may require that
signs be placed at appropriate locations to provide notice of restricted
access, especially at common entranceways or unfenced open areas.
J.
Additional
Operational Standards for Residuals Containing Heavy Metals
(1) The residual generator must ensure that
the following additional operational standards of this subsection are met on
sites where residuals that have one or more of the following characteristics
are utilized:
(a) Sewage sludge and residuals
derived from sewage sludge that contain 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; and
(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 4(J)(1)(a) through
(c) of this chapter 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 06-096 CMR ch. 400, sections 3 and 4.
(2)
Prohibition. Sewage sludge
or products derived from sewage sludge that have monthly average heavy metal
concentrations in excess of the concentrations in Table 419.3, column B, must
not be utilized.
(3)
Buffer. The buffers and setbacks established in sections 3(B)(2)
and (3) must be met. Additionally, unless otherwise provided for in a site
specific soil erosion control plan, the residual may not be spread within 25
feet of site waterways including gullies, ravines and swales.
(4)
Annual Heavy Metal Loading
Limits. The following annual heavy metal loading limits may not be
exceeded at the site of utilization, using the calculations in Appendix A.2 of
this chapter:
(a) When sewage sludge or a
residual derived from sewage sludge is utilized, the annual heavy metal loading
limit for any one heavy metal may not exceed the limit in Table 419.3, column
C, during any 365 day period;
(b)
When ash or other liming agents are utilized, the annual heavy metal loading
limit for any one heavy metal may not exceed the limit in Table 419.4, column
D, during any 365 day period, unless otherwise approved by the Department in a
utilization program license. The Department may waive this requirement only if
the standards are not necessary in order for the activity to meet the standards
in section 4 of this chapter and 06-096 CMR ch. 400, sections 3 and 4;
and
(c) For residuals other than
sewage sludge or liming agents that are utilized, the Department may establish
annual pollutant loading limits in a utilization program license based on the
procedures in Appendix B.2 of this chapter, in order to meet the standards in
06-096 CMR ch. 400, sections 3 and 4, and this chapter.
(5)
Heavy Metals in Soil. The
concentration of parameters in soil at utilization sites may not exceed the
following, as determined by background and on-going representative soil sample
analysis, unless otherwise approved by the Department in a program license: The
Department may only otherwise approve this in a program license if the
Department determines that these standards are not necessary in order to meet
the standards in section 4 of this chapter and 06-096 CMR ch. 400, sections 3
and 4.
(a) For sewage sludge, the
concentrations in Table 419.3, column E;
(b) For ash or other liming agents, the
concentrations in Table 419.4, column F; and
(c) For residuals other than sewage sludge or
ash, the concentrations in Table 419.5, column B.
Table 419.3
Heavy Metal Standards for sewage sludge
utilization
(dry weight)
|
Heavy Metal
|
Screening Conc. in sewage sludge
(mg/kg) |
Ceiling conc. in sewage sludge
(mg/kg)
|
Annual Pollutant Loading Rate at
utilization site (kg/ha)
|
Cumulative Pollutant Loading Rate at
utilization site (kg/ha) |
Ceiling conc. in soil at utilization
site (mg/kg) |
| Column A |
Column B |
Column C |
Column D |
Column E |
| Aluminum |
N/A |
N/A |
|
|
100,000 |
| Arsenic |
34 |
41 |
1.7 |
34 |
73 |
| Barium |
N/A |
N/A |
|
|
1500 |
| Beryllium |
N/A |
N/A |
|
|
7 |
| Cadmium |
10 |
39 |
1.9 |
39 |
39 |
| Chromium |
1000 |
3000 |
|
|
3000 |
| Cobalt |
N/A |
N/A |
|
|
70 |
| Copper |
1000 |
1500 |
75 |
1500 |
1500 |
| Lead |
300 |
300 |
15 |
300 |
300 |
| Mercury |
6 |
10 |
0.3 |
6 |
6 |
| Molybdenum |
75 |
75 |
|
|
15 |
| Nickel |
200 |
420 |
20 |
420 |
420 |
| Selenium |
100 |
100 |
5 |
100 |
100 |
| Silver |
N/A |
N/A |
|
|
34 |
| Vanadium |
N/A |
N/A |
|
|
300 |
| Zinc |
2000 |
2800 |
140 |
2800 |
2800 |
Table 419.4
Heavy Metal Standards for ash and other liming agents
(dry weight)
|
Column:
|
A
|
B |
C
|
D
|
E
|
F |
| Screening Concentration of pollutants in ash
based on the calcium carbonate equivalents of the ash (mg/kg) |
| CaCO3 equiv in ash |
25% |
50% |
75% |
| Parameter |
Annual Metal Loading Rate (kg/ha) |
Cumulative Loading Rate at Utilization site (kg/ha)
|
Ceiling conc in soil at utilization site (mg/kg) |
| Aluminum |
362,383 |
724,767 |
N/A |
9,750 |
195,000 |
100,000 |
| Antimony |
19 |
37 |
56 |
0.5 |
10 |
5 |
| Arsenic |
20 |
40 |
60 |
0.54 |
11 |
73 |
| Barium |
7,434 |
14,867 |
22,301 |
200 |
4,000 |
2,000 |
| Beryllium |
7 |
14 |
21 |
0.19 |
4 |
7 |
| Cadmium |
30 |
59 |
89 |
0.8 |
16 |
8 |
| Chromium |
141 |
282 |
424 |
4 |
76 |
38 |
| Cobalt |
21,836 |
43,672 |
65,508 |
588 |
11,750 |
5,875 |
| Copper |
5,575 |
11,150 |
16,725 |
150 |
3,000 |
1,500 |
| Cyanide |
35 |
71 |
106 |
0.95 |
19 |
10 |
| Lead |
1,394 |
2,788 |
4,181 |
38 |
750 |
375 |
| Mercury |
2 |
5 |
7 |
0.06 |
1 |
1 |
| Molybdenum |
1,812 |
3,624 |
5,436 |
49 |
975 |
488 |
| Nickel |
483 |
966 |
1,450 |
13 |
260 |
130 |
| Selenium |
19 |
37 |
56 |
0.5 |
10 |
5 |
| Silver |
126 |
253 |
379 |
3 |
68 |
34 |
| Thallium |
3 |
5 |
8 |
0.07 |
1 |
1 |
| Vanadium |
2,555 |
5,111 |
7,666 |
69 |
1,375 |
688 |
| Zinc |
10,407 |
20,814 |
31,221 |
280 |
5,600 |
2,800 |
Table 419.5
Screening Concentrations for Other Residuals and
maximum allowable soil concentrations at utilization sites
mg/kg
(dry weight)
|
Screening Concentration for other residuals
|
Ceiling Concentration in soil at Utilization
sites
|
| Inorganic Compound |
Column A |
Column B |
| Aluminum |
97,500 |
100,000 |
| Antimony |
5 |
5 |
| Arsenic |
5 |
73 |
| Barium |
2,000 |
2,000 |
| Beryllium |
2 |
7 |
| Cadmium |
8 |
8 |
| Chromium |
38 |
38 |
| Cobalt |
5,875 |
5,875 |
| Copper |
1,500 |
1,500 |
| Cyanide |
10 |
10 |
| Lead |
375 |
375 |
| Mercury |
1 |
1 |
| Molybdenum |
488 |
488 |
| Nickel |
130 |
130 |
| Selenium |
5 |
5 |
| Silver |
34 |
34 |
| Thallium |
1 |
1 |
| Vanadium |
688 |
688 |
| Zinc |
2,800 |
2,800 |
K.
Additional Operational Standards for
Dioxin Containing Residuals. The generator must ensure that the
following additional operational standards are met when utilizing residuals
with greater than 27 ppt total 2,3,7,8 TCDD equivalents (dry weight):
(1)
Prohibition. Residuals
containing PCDDs and PCDFs greater than 250 ppt total 2,3,7,8 TCDD equivalents
(dry weight) may not be land applied or utilized and may not be blended with
other materials to reduce the concentration of TCDD equivalents to meet
utilization standards;
(2)
Depth to Water Table. Residuals must be applied a minimum of
fifteen (15) inches above the groundwater surface at the time of application.
If residuals are injected or incorporated, a minimum of fifteen (15) inches
separation must be maintained between the water table surface and the limit of
incorporation or injection;
(3)
Buffer. The buffers and setbacks established in sections 3(B)(2)
and (3) must be met. Additionally, unless otherwise provided for in a site
specific soil erosion control plan, the residual may not be spread within 25
feet of site waterways including gullies, ravines and swales; and
(4)
Soil Testing and Deed
Restrictions. For sites upon which dioxin-containing residuals are land
applied, representative soil samples must be collected and analyzed for PCDD /
PCDF within three (3) months after the last application of the residual in any
year. If the soil concentration is 27 ppt total 2,3,7,8-TCDD equivalents (dry
weight) or greater, then the following restrictions apply:
(a) Livestock and domestic fowl whose
products are consumed by humans may not be pastured on sites;
(b) Crops for human consumption may not be
grown at sites; and
(c) The
restrictions in section 4(K)(4)(a) and (b) above apply to subsequent owners of
the land utilization site. The licensee and/or landowner must prepare and
record, in the Registry of Deeds, information and deed restrictions to provide
notice to prospective purchasers and a public record of the location of the
utilization site. The information must include that dioxin-containing residuals
were land applied to that site; that soil concentrations met or exceeded 27 ppt
total 2,3,7,8-TCDD equivalents (dry weight); and that subsequent owners are
subject to use restrictions under this section. The generator must submit
evidence to the Department that the above information, as well as site
location, type of residual, date of utilization, and use restrictions have been
recorded at the Registry of Deeds within sixty (60) days after obtaining soil
sample analyses results.
L.
Additional Operational 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 that the Department has determined in a Program
license readily leach contaminants that may contaminate groundwater.
(1) The setbacks in table 419.1 must be
maintained.
(2) At the time of
spreading, all soil derived from outwash or stratified drift parent material
must have a minimum six inch soil cap of loamy fine sand or finer. Residuals
may not be spread within 25 feet up-slope from soil derived from outwash or
stratified drift parent material with a cap of six inches or less.
(3) On soil with a depth to bedrock less than
20 inches, and on soils derived from outwash or stratified drift parent
material, residuals must be applied during the optimal growing time for the
site crop to maximize nitrate uptake. For hay crops grown on these areas, the
residual may not be spread after September 15 of any year. When spreading on
these soils, available nitrogen must be monitored in the soil in the root zone,
and at 18 inches or just above refusal, at the beginning and end of the growing
season.
(4)
Depth to Water
Table. Residuals must be applied a minimum of fifteen (15) inches above
the groundwater surface at the time of application.
(5)
Depth to Bedrock. Residuals
must be applied a minimum of 10 inches above the bedrock surface, including the
limits of incorporation.
(6)
Buffer. If the utilization activity is proposed within the direct
watershed of Marine waters, the buffers and setbacks established in sections
3(B)(2) and (3) must be met. Additionally, unless otherwise provided for in a
site specific soil erosion control plan, the residual may not be spread within
25 feet of site waterways including gullies, ravines and swales.
M.
Additional Operational
Standards for Phosphorus Containing Residuals. The following additional
standards apply to utilization of residuals that will be applied, either alone
or in combination with other nutrient sources, above the crop uptake rates for
phosphorus.
(1)
Seasonal Cut-Off
Dates. Residuals must be spread before September 15th of each year on
somewhat poorly drained and poorly drained soils.
(2)
Buffer. The buffers and
setbacks established in sections 3(B)(2) and (3) must be met. Additionally,
unless otherwise provided for in a site specific soil erosion control plan, the
residual may not be spread within 25 feet of site waterways including gullies,
ravines and swales.
(3)
Slopes. The residuals may not be spread on areas with slope
gradients greater than 10% on row crops (such as corn), 15% on perennial crops
(such as hay), and 25% in tree growth.
N.
Additional Operational Standards for
Sludge Utilization.
(1) An abutter to
a sludge utilization site may request that sludge not be land applied within
50' of the abutter's property boundary. Requests must be filed with the
Department in writing, and must include:
(a)
The name and mailing address of the property owner requesting the
setback;
(b) The name of the owner
of the land upon which the residual is being spread;
(c) The physical location of the property
upon which the sludge is being spread;
(d) A description of the sludge being spread;
and
(e) If known, the name and
mailing address of the facility generating the sludge.
(2) Pursuant to 38 M.R.S.A.
§1310-N(2-G), sludge may not be land applied within 50' of an abutter's
property boundary, upon notification that the Department has received a written
request from the abutter to establish the setback.
