Code of Maine Rules
06 - DEPARTMENT OF ENVIRONMENTAL PROTECTION
096 - DEPARTMENT OF ENVIRONMENTAL PROTECTION - GENERAL
Chapter 852 - LAND DISPOSAL RESTRICTIONS
Section 096-852-9 - No Migration Petitions

A. Any person seeking an exemption from a prohibition under this Chapter for the disposal of a restricted hazardous waste in a particular unit or units shall submit a petition to the EPA Administrator and the Department demonstrating, to a reasonable degree of certainty, that there will be no migration of hazardous constituents from the disposal unit for as long as the wastes remain hazardous. Such petition must be submitted in accordance with 40 C.F.R. §268.6.

B. After a petition has been approved by the EPA Administrator, and subsequently by the Department (utilizing rulemaking procedures), the owner or operator shall comply with 40 C.F.R. §268.6(e) and (f), provided however, that the references to 40 C.F.R. Part 264 or Part 265 shall mean 06-096 C.M.R. ch. 854 or 855. Prior to such approvals, the applicant is required to comply with all restrictions on land disposal under this Chapter once the effective date for the waste has been reached. The approval of a petition does not relieve the petitioner from complying with other applicable requirements of 06-096 C.M.R. ch. 850 - 860 of the Department's rules.

C. The term of a petition must be no longer than the term of a license if the disposal unit is licensed under 06-096 C.M.R. ch. 856, or up to 5 years from the date of approval by the Department if the unit is operating under interim status. In either case, the term of the granted petition must expire upon the termination or denial of a license under 06-096 C.M.R. ch. 856, or upon the termination of interim status or when the volume limit of waste to be land disposed during the term of the petition is reached.

D. Liquid hazardous wastes containing PCBs at concentrations greater than or equal to 500 ppm are not eligible for an exemption under this section.