Current through 2024-38, September 18, 2024
A.
Processing of Applications. Applications for any septage facility
license, license amendment, license renewal or license transfer will be
processed in accordance with the requirements of Department Regulations Chapter
2, Rules Concerning the Processing of Applications, unless otherwise specified
in this Chapter. All applications must be submitted on the appropriate forms
developed by the Department.
B.
Types of Licenses
(1) New Septage
Facilities and License Renewals. Any applicant proposing a new septage
facility, or proposing to renew an existing septage facility license, shall
obtain all applicable licenses pursuant to this Chapter.
(2) Occasional-Use Septage Land Application
Sites. A septage land application site may be licensed, at the request of the
applicant, as an Occasional Use Septage Land Application Site. Under this
licensing scenario, the applicant must meet all the requirements of this
Chapter, with the following, additional restrictions:
(a) The site may only be used for land
application once every two years.
(b) Septage may be applied for a maximum of
fourteen (14) consecutive days, only during the period from June 15 to
September 15.
If the licensee subsequently proposes to no longer operate
the site as an Occasional Use Septage Land Application Site, the licensee must
submit an application for a license amendment.
(3) Modifications to Licensed Septage
Facilities. Any applicant proposing to modify an existing licensed septage land
application or storage site shall obtain a license amendment or minor revision
pursuant to this Chapter. In general, an amendment to a license covers
substantial changes to the site, such as physical site expansion, addition of a
storage facility, or a major change in site operation. A minor revision may be
requested for changes to the site or site operation which have a minimal impact
on the operation, such as physical site reduction. A Department order approving
the license modification must be received from the Department before the
modification is undertaken.
(a) License
Amendments.A request for a license amendment must include the following
information:
(i) Name of Applicant.
(ii) License number.
(iii) Explanation of the amendment
requested.
(iv) All application
information related to the proposal as required in the pertinent sections of
this Chapter.
(v) Copy of the
Notice of Intent to File, as required by 06-096 CMR Chapter 2.
(b) Minor Revisions. A request for
a license minor revision must include the following information:
(i) Name of Applicant.
(ii) License number.
(iii) Explanation of the minor revision
requested.
(iv) All application
information related to the proposal as required in the pertinent sections of
this Chapter.
C.
Licensing Criteria
(1) Septage Facilities. The Department shall
issue a license for a new, existing or modified septage facility whenever it
concludes that:
(a) The facility will not
contaminate waters of the State;
(b) The facility will not constitute a hazard
to health or welfare;
(c) The
facility will not contaminate the ambient air;
(d) The facility will not create a nuisance;
and
(e) The applicant has the
financial capacity and technical ability to develop the project in a manner
consistent with state environmental standards.
An applicant's adherence to the specific requirements of this
Chapter will allow the Department to make the above conclusions. Any
alternatives to the requirements must be proposed pursuant to the variance
procedures in subsection 3(F).
The Department must also find that the proposed, existing or
modified septage facility satisfies all applicable requirements of 38 M.R.S.A.
§1301et seq. and this Chapter.
(2) Municipal Septage Management
Compliance Permit. The Department shall issue a Municipal Septage Management
Compliance permit whenever it concludes that a municipality has satisfied the
criteria and standards in section 17 of this Chapter.
D.
Septage Facility License Term.
Septage Facility licenses may be issued for a term not to exceed five
(5) years. In determining the term of a license the Department will take into
consideration all information in the record of the applicant and other
information available to the Department. All licenses for septage facilities
issued prior to March 30, 1986 which were not renewed prior to the effective
date of this Chapter are considered to be expired.
E.
License Conditions. The
Department may impose any reasonable requirement as a license condition to
assure compliance with State law or this Chapter. The following requirements
are standard conditions to the licenses of all septage facilities:
(1) Approval of Variations from Plans. The
granting of this approval is dependent upon and limited to the proposals and
plans contained in the application and supporting documents submitted and
affirmed to by the applicant. Any Department variation from these plans,
proposals, and supporting documents is subject to review and approval prior to
implementation.
(2) Compliance with
All Applicable Laws. The applicant shall secure and comply with all applicable
federal, state, and local licenses, permits, authorizations, conditions,
agreements, and orders prior to or during construction and operation, as
appropriate.
(3) Compliance with
All Terms and Conditions of Approval. The applicant shall submit all reports
and information requested by the Department demonstrating that the applicant
has complied or will comply with all terms and conditions of this approval. All
preconstruction terms and conditions must be met before construction
begins.
F.
Variances. Whenever an applicant or licensee seeks a variance to the
provisions of this Chapter, application must be made to the Department to
request a variance. Sections of this Chapter to which a variance will not be
granted by the Department are identified within the appropriate section.
(1) Variance Request. Requests for a variance
must include:
(a) Identification of the
specific provisions of this Chapter from which a variance is sought;
(b) The reasons why a variance is requested,
including the environmental and technological justifications;
(c) The alternative operational procedures
and site alterations proposed, and the reasons why the alternatives meet the
intent of this Chapter; and
(d) Any
other relevant information to support the variance request.
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(NOTE: 38 MRSA Section362-A contains provisions for
experiments and scientific research. The results from such studies may be used
in support of a variance request.)
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(2) Granting Variances.
The Department may grant a variance to designated provisions of this Chapter.
The variance will be granted if the Department concludes that, while operating
under a variance to this Chapter:
(a) The
facility will not contaminate waters of the State;
(b) The facility will not constitute a hazard
to health or welfare;
(c) The
facility will not contaminate the ambient air;
(d) The facility will not create a
nuisance;
(e) The applicant has the
financial capacity and technical ability to develop the project in a manner
consistent with state environmental standards; and
(f) The applicant has affirmatively
demonstrated that the intent of the rules will be met.
