A.
Applicability. Only digested Type IA, IB and IC residuals that have
received program approval from the Department, and which meet all the standards
of this section, may qualify for a permit-by-rule under this section. For the
purposes of this chapter, the term "digested" means that the residual has
undergone aerobic digestion or anaerobic digestion as defined in Appendix B of
this chapter. Failure to meet any of these standards will require a complete
license application pursuant to sections 2 through 7 of this chapter. The
Department presumes that the utilization of digested Type IA, IB and IC
residuals in strict conformity with these permit by rule provisions will meet
the standards in the Solid Waste Management Rules: General
Provisions, 06-096 CMR ch. 400, section 4 and sections 2 through 6 of
this chapter. No variances to the requirements of this section may be granted.
NOTE: See 06-096 CMR ch. 400 for a full
definition of Type IA, IB and IC residuals. Type IA residuals are leaf,
vegetative and other residuals with a C:N ratio of greater than 25:1. Type IB
residuals are food and other residuals with a C:N ratio of between 25:1 to
15:1. Type IC residuals are fish and other residuals with a C:N ratio of less
than 15:1. C:N refers to the ratio of available carbon to nitrogen of the raw
residual. See 06-096 CMR ch. 410 Appendix A for a list of typical C:N ratios
for various residuals.
B.
Standards. To qualify for a permit-by-rule, all of the following
standards must be met. Failure to meet any of these standards will require
formal application to the Department for a utilization site license pursuant to
sections 2 through 7 of this chapter:
(1)
Only digested Type IA, IB and IC residuals approved in the applicant's
agronomic utilization program license shall be utilized at the site. The
applicant must continue to adhere to all requirements in its agronomic
utilization program license;
(2)
Residuals proposed for utilization must meet the Class A vector attraction
reduction standards of Appendix B(4)(A) of this chapter;
(3) Only digested Type IA, IB and IC
residuals meeting the screening concentration standards in Table 419.5 of this
chapter, or residual-specific ceiling concentrations established in the
applicant's program license, may be utilized at the site;
(4) The loading rate of the digested Type IA,
IB and IC residuals shall be commensurate with the nutritional needs of the
crop to be grown;
NOTE: Department of Agriculture Regulations,
Nutrient Management Rules, 01-001 CMR ch. 565, 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 (DEP), the information in any existing plan should
form the basis for the above determination that additional nutrients are needed
on a farm.
(5) The
spreading area must meet the applicable minimum setbacks in section 3(A) and
3(B) of this chapter;
(6) Digested
Type IA, IB and IC residuals must be applied a minimum of 10 inches above the
bedrock surface on established perennial crops such as hay and 20 inches above
the bedrock surface for other/row crops, including the limits of
incorporation;
(7) Digested Type
IA, IB and IC residuals must be applied a minimum of 15 inches above the
groundwater surface at the time of application;
(8) Digested Type IA, IB and IC residuals
shall not be spread on areas with slope gradients greater than 15%;
(9) Digested Type IA, IB and IC residuals may
not be applied when the site is frozen, snow covered or water saturated; such
that the digested Type IA, IB and IC residuals will be washed into surface
water; or placed directly into surface waters or below the groundwater
table;
(10) Digested Type IA, IB
and IC residuals may not be stockpiled at the utilization site;
(11) The generator must inform the Department
each time the digested Type IA, IB and IC residuals will be applied at the site
at least one working day before the anticipated date of spreading. This
notification requirement can be satisfied in person, with a telephone call,
voice mail message, e-mail, letter, or fax to the Residuals Utilization Unit of
the Division of Solid Waste Management at the Department's central office or
appropriate regional office;
(12)
Record Keeping and Reporting. The generator shall keep records and
file an annual report of the volume of digested Type IA, IB and IC residuals
utilized in Maine each year in accordance with section 6 of this chapter;
and
(13)
Certification. A statement signed by the applicant that the
utilization of the digested Type IA, IB and IC residuals will conform to the
requirements of this section.
C.
Notification Requirements.
The applicant shall submit to the Department, a permit-by-rule notification in
sufficient time for Department receipt at least 15 working days prior to the
anticipated first date of agronomic utilization of the digested Type IA, IB and
IC residuals at a site. The permit-by-rule notification shall be on a form
provided by the Department. Within 15 working days of receipt of the
permit-by-rule notification, the Department shall mail notice to the applicant
indicating whether the notification meets the permit-by-rule notification
provisions of this section. If the notice to the applicant is not mailed within
15 working days of receipt, the permit-by-rule notification is deemed accepted.
The notification must include:
(1) The applicant's name, address, telephone
number, e-mail address, and contact person;
(2)
Public Notice. Proof that
public notice of the application has been provided as required in 06-096 CMR
ch. 400, section 3(B)(1)(c);
(3)
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 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;
(4) The applicant's digested Type IA, IB and
IC residual agronomic utilization program license number;
(5)
Site Maps
(a)
Topographical Map. A clear,
legible copy of the most recent 7.5 minute US Geological Survey topographic or
equivalent map marked with the proposed utilization boundaries and site owner's
property boundaries.
(b)
Site
Sketch. Clear legible 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)
Soils Map. A clear, legible
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.
(d)
Sand and Gravel
Aquifer Map. If the proposed site is within 500 feet of a sand and
gravel aquifer, a clear, legible copy of the most recent Hydrogeologic Data for
Significant Sand and Gravel Aquifer map with the proposed utilization site
clearly delineated;
(6)
Soil Nutrients. Representative soil nutrient analysis for the
site;
(7) Travel directions from
the site of generation to the utilization site, anticipated spreading schedule,
estimated volume or tonnage, and acreage involved;
(8) A statement by the applicant that the
utilization of the digested Type IA, IB and IC residuals will conform to the
requirements of this section; and
(9) The appropriate application
fee.
