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 096-419-7 - Application Requirements for Residual Utilization

Universal Citation: 06 ME Code Rules § 096-419-7

Current through 2024-52, December 25, 2024

Any generator seeking to undertake a utilization activity shall provide information sufficient to demonstrate that the standards of sections 3 and 4 of this chapter have been met. The generator shall submit to the Department, on application forms developed by the Department, the following information:

A. Submissions for Program Licenses

(1) Program Description. A description how the residual will be handled for the utilization program including, if applicable, the benefit to crops or soil afforded by the utilization, the weekly and annual volume of residual produced, the volume proposed for utilization, the volumes proposed for disposal, a description of the blending, mixing, or processing of residuals and the purpose of this processing, proposed application rates in tons of residual per acre of land, methods of calculating the appropriate loading rate, and a description of how the residual will be stored and transported.

(2) Residual Suitability. A description of the processes that generate the residual(s) proposed for utilization and a physical and chemical description of the resultant residuals obtained in accordance with 06-096 CMR ch. 405, section 6.

(3) Sampling. A sampling and analytical work plan meeting the standards in 06-096 CMR ch. 405 to representatively monitor residual quality.

(4) Risk Management. A description of potential risks posed by the utilization program, and appropriate management strategies to mitigate those risks, including an identification of any additional standards in sections 3 and 4 the utilization program is subject to, and one of the following:
(a) Screening Standards. A demonstration that the residual meets all of the applicable screening standards in Table 419.3 column A, Table 419.4, columns A through C, or Table 419.5, column A; and the screening standards for hazardous substances other than metals in 06-096 CMR ch. 418, Appendix A;

NOTE: Not all compounds in Appendix A of this chapter must be analyzed for. See 06-096 CMR ch. 405.

(b) Loading Rate. Loading rate calculations done in accordance with Appendix A.2.C of this chapter which demonstrate that the following standards, as applicable, will not be exceeded: annual and cumulative loading rates in Table 419.3 columns C and D, Table 419.4 columns D and E, or Table 419.5 column A; and the screening standards for hazardous substances other than metals in 06-096 CMR ch. 418, Appendix A;

(c) Comparison Studies. A comparison of characteristics of the residual to another residual for which a risk assessment has been done, demonstrating the applicability of that risk assessment; or

(d) Risk Assessment. An assessment of the human health and/or environmental risks posed by contaminants of concern, and a risk management strategy. The risk management must ensure that residual utilization activities, under present or future site uses, will not result in the aggregate risk to a highly exposed individual that exceeds an Incremental Lifetime Cancer Risk of 5X10-6 or that exceeds a Hazard Index of 1/2.

(5) Site Information
(a) Site Standards. The standards proposed for sites where the residual will be utilized including buffer zones and soil standards; a description of the site specific information that will be submitted to the Department for site licenses; and the proposed licensing processes for site specific utilization licenses.

(b) Utilization Instructions. The information that will be provided to the person that uses the residual, that ensures compliance with the standards of section 3 and 4, and the notice, if any, that will be provided to the Department when site specific licenses will not be obtained.

NOTE: More than one strategy may be appropriate for a given residual, depending on the utilization circumstances.

(6) Traffic. A demonstration that the generator will meet the alternative traffic standards in section 4(F) at all utilization sites or provisions to supply site specific information.

(7) Harmoniously Fitting into the Environment. A demonstration that the generator will meet the alternative standards in section 4(G) for fitting harmoniously into the natural environment at all utilization sites, or provisions to supply site specific information.

(8) Financial and Technical Ability. The application submission requirements in 06-096 CMR ch. 400, sections 4(B)(2) and 4(C)(2).

(9) Municipal and Public Notice. Proof that public notice of the application has been provided as required in section 2(F) of this chapter.

(10) Nuisance. A demonstration that the residual does not generate offensive odors, or provisions to meet the alternative odor control standards in section 4(H) of this chapter at all utilization sites or provisions to supply site specific information to meet the standard in 06-096 CMR ch. 400, section 4(G).

B. Submissions for Utilization Site Licenses. Prior to utilizing a residual at a site, a generator must submit a complete application for a utilization site license, unless otherwise approved by the Department in a Program license. Unless otherwise approved in a program license, the utilization site application must include:

(1) Title, Right or Interest. Information demonstrating that the generator has sufficient title, right or interest in a property proposed for utilization by providing:
(a) The submissions enumerated in 06-096 CMR ch. 2, section 11(D); or

(b) A copy of an agreement between a landowner(s) and a residual generator certifying that the owners own the land and agree to allow the utilization and, if applicable, storage of the residual on the property. The agreement must also include the signature, printed name, and address of the generator and all property owners, site location, description of the area authorized for use including acreage, and if available, the map and lot number from municipal tax maps.

(2) Project Summary. A summary of the types of crops to be grown, method of application, anticipated spreading schedule and any special management considerations for the site based on site characteristics.

(3) Site Maps
(a) Topographical Map. The most recent 7.5 minute US Geological Survey topographic or equivalent map marking the proposed utilization boundaries and site owner's property boundaries.

(b) Site Sketch. Site sketch(es) of the proposed utilization area(s) of sufficient quality and scale, and with sufficient features to ensure that the person spreading the residual can determine appropriate utilization boundaries. At a minimum the map must depict the area suitable for utilization, buffers and setbacks, features requiring buffers and setbacks, drainage features, and the map scale, orientation, and title.

(c) Tax Map. If available, the appropriate town tax map showing the site property boundaries, the area proposed for utilization, and the names and location of abutters.

(d) Soils Map and Report. A clear copy of the appropriate United States Department of Agriculture (USDA) Natural Resources Conservation Service (NRCS) County medium intensity soil survey map with the site clearly outlined and a copy of the key to the soil mapping units. If the Department questions the accuracy of the map, the Department may require a soils investigation report and site specific soils map. The report must describe the soil slope, permeability, flooding potential, drainage, depth to bedrock and/or sand or gravel deposits, along with appropriate operational standards to be employed to prevent surface or groundwater contamination.

(e)Sand and Gravel Aquifer Map. If the proposed site is within 500 feet of a sand and gravel aquifer, a copy of the most recent Hydrogeologic Data for Significant Sand and Gravel Aquifer map with the proposed utilization site clearly delineated.

(f) Flood Zone Map. If the proposed site is within 500 feet of a 100 year flood zone, the most recent Federal Emergency Management Agency (FEMA) flood zone map or its equivalent with the proposed utilization site clearly delineated.

(4) Sensitive Areas. A statement as to whether or not the site is located in, on, over or next to a protected natural resource, a sensitive receptor, and/or the direct watershed to marine waters. If the site is located near one or more of these areas, provide the name of the feature and horizontal distance from nearest site boundary to the feature.

(5) Protected Location. At the Department's discretion, letters from the Maine Department of Inland Fisheries and Wildlife, and from the Natural Areas Program of the Department of Conservation that the activity will not unreasonably adversely impact protected significant wildlife habitat, fragile mountain areas, or rare, threatened and endangered plant or animal species.

(6) Buffers, Erosion Control and Flooding
(a) A description of buffer zones at the utilization sites established to meet the standards in sections 3 and 4. If the applicant is proposing a reduction in the buffers enumerated in table 419.2, a rationale for the reduction and a site specific soil erosion control plan meeting the standards in section 3(B)(2).

(b) For utilization activities where the topography will be altered or structures built as part of the utilization activity, the application submissions in 06-096 CMR ch. 400, sections 4(J)(2)(a) and 4(M)(2). For utilization where the topography will not be altered, by meeting the standards of this chapter, the standards in Chapter 400, sections 4(J) and 4(M) are presumed to be met.

(7) Soil Nutrients. Representative soil nutrient analysis for the site.

(8) Traffic. A demonstration that the generator meets the traffic standards in section 4(F) of this chapter or the traffic information required by 06-096 CMR ch. 400, section 4(D)(2).

(9) Natural Environment. A demonstration that the generator meets the standards found in section 4(G) of this chapter, or the submissions enumerated in 06-096 CMR ch. 400, sections 4(E)(2) and 4(F)(3).

(10) For residuals used to supply nitrogen, phosphorus, or other nutrients, a demonstration that the site has a need for the nutrient provided by the residual in addition to other on site nutrients.

NOTE: Department of Agriculture, Conservation and Forestry Regulations, 01-001 CMR ch. 565, effective December 15, 1998, requires farms utilizing residuals to have a licensed nutrient management specialist develop a whole farm nutrient management plan. While the plan itself need not be submitted to the Department, the information in any existing plan should form the basis for the above determination that additional nutrients are needed on a farm.

(11) For repeat utilization of putrescible residuals, a site specific odor control plan to prevent nuisance odors at adjacent occupied buildings;

(12) For a residual that is treated to a class B pathogen reduction standard, a description of the class B pathogen reduction method, a description of any class B vector attraction reduction method proposed for the site; and a copy of a statement signed by the generator, landowner and the operator of the site that ensures that the applicable site restrictions in section 4(I) of this chapter will be met.

(13) For residuals subject to the additional dioxin standards in section 4(K) of this chapter a site specific sampling and analytical work plan to monitor soil dioxin concentrations. The applicant must also submit a copy of a statement signed by the generator, landowner and, if different, the operator of the site, that specifically acknowledges the presence and concentrations of PCDDs and PCDFs in the residual to be spread, and the ability and willingness of the landowner to comply with the standards in section 4(K)(4)of this chapter:

(14) For residuals subject to the additional standards for heavy metals in section 4(J) of this chapter, a site specific sampling and analytical work plan to monitor soil metal concentrations; and loading rate calculations demonstrating that applicable annual and cumulative loading rates for metals in tables 419.3, 419.4 or 419.5 will not be exceeded.

(15) Environmental Monitoring Program. If determined appropriate under section 4(C) of this chapter, a site monitoring plan meeting the standards in 06-096 CMR ch. 405.

(16) Public Notice. Proof that public notice of the application has been provided as required in section 2(F) of this chapter.

(17) Joint Utilization. When more than one generator are utilizing a residual that requires a site specific license at the same site, a joint utilization agreement, meeting the standards in section 2(D) of this chapter.

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