Code of Maine Rules
06 - DEPARTMENT OF ENVIRONMENTAL PROTECTION
096 - DEPARTMENT OF ENVIRONMENTAL PROTECTION - GENERAL
Chapter 854 - STANDARDS FOR HAZARDOUS WASTE FACILITIES
Section 096-854-11 - Additional Standards Applicable to Hazardous Waste Piles

Universal Citation: 06 ME Code Rules ยง 096-854-11

Current through 2024-13, March 27, 2024

A. Performance Standards. A waste pile must be established, constructed, altered and operated to meet the following performance standards:

(1) A waste pile must be designed and operated such that there is no migration of wastes out of the pile into adjacent subsurface soil or ground water or surface water at any time and that any particulate matter which may be subject to wind dispersal is controlled at all times.

(2) A hazardous waste or constituent or derivative thereof must not appear in ground or surface waters at a concentration above background level, or above current public health drinking water standards for Maine, including the "Maine CDC Maximum Exposure Guidelines (MEGs) for Drinking Water, December 31, 2016", or standards for aquatic toxicity, whichever is most stringent. Background levels must be those established by the pre-construction analysis required by 06-096 C.M.R. ch. 856, § 10(C)(11)(g) or of the upgradient monitoring well required by Section 8(D)(1) of this Chapter, whichever is lower.

NOTE: Drinking water and aquatic toxicity standards are obtained from current manuals including but not limited to: State of Maine Rules of the Department of Health and Human Services relating to Drinking Water; "Maine CDC Maximum Exposure Guidelines (MEGs) for Drinking Water, December 31, 2016"; "Drinking Water and Health" published by the National Research Council; "Suggested No-Adverse Response Levels (SNARLs)" as determined by the Environmental Protection Agency; "Ambient Water Quality Criteria" manuals, published by the Environmental Protection Agency.

(3) A hazardous waste or constituent or derivative thereof must not appear in the atmosphere in concentrations significantly above the background level or exceed current ambient air quality standards for Maine at any time. Background levels must be established by monitoring or demonstrated to have been previously established by monitoring.

(4) No hazardous waste may be treated in a waste pile.

B. Design and Operating Requirements

(1) The facility must comply with the provisions of 40 C.F.R. §§264.251(c), 264.251(g) -(k), 264.252, 264.253 and 264.259. All new, replacement or expanded portions of existing waste piles established in the State of Maine must be at least double-lined. The facility must comply with the construction quality assurance program requirements of Section 6(C)(7) of this Chapter and 40 C.F.R. §264.19, including quality assurance of construction design, structural stability and integrity of all components.

(2) A waste pile must have at least two impervious liners of or equivalent to:
(a) A synthetic top liner (e.g., a geomembrane), which is underneath the waste and designed and constructed of materials to prevent the migration of hazardous constituents into such liner; and

(b) A composite bottom liner, which is underneath the top synthetic liner and overtop the subsoils and consists of two components, including a synthetic upper component (e.g., geomembrane) designed and constructed of materials to prevent the migration of hazardous constituents into this component during the active life and post-closure care period and a lower component of recompacted clay of a minimum of ten (10) feet thick, with a hydraulic conductivity of 1 x 10-7 cm/sec or less.

(3) The liner system in contact with the waste must be:
(a) Compatible with the waste;

(b) Sufficiently impermeable to the waste under maximum operating conditions of hydraulic head so that the leachate system would not be filled in a period of less than one year;

(c) Of sufficient strength to outlast the design lifetime of the waste pile; and

(d) Constructed on a foundation capable of supporting the liner and the pressure head of the waste pile when full.

(4) A leachate detection, collection, and removal system must be installed immediately above the top liner to assure that leachate is collected and removed. In addition, a leachate detection, collection and removal system must be installed between the top and bottom liners.

(5) The leachate collection system must be constructed such that:
(a) The system immediately above the top synthetic liner must be designed, constructed, maintained, and operated to collect and remove leachate from the waste pile during the active life and post closure care period. The collection and removal system must be designed so that no more than 30 cm (1 foot) of leachate will accumulate on the top synthetic liner at any one time.

(b) The leachate collection system between the liners must be designed, constructed, maintained, and operated to detect, collect, and remove liquids that may leak through the topliner during the active life and post closure care period and meet the specifications for the action leakage rate approved for the waste pile in accordance with 40 C.F.R. §264.252.

The requirements for the leachate detection, collection, and removal system are satisfied by installation of a system that is, at a minimum:

(i) Constructed with a bottom slope of one percent or more;

(ii) Constructed of granular drainage material with a hydraulic conductivity of 1 x 10-2 cm/sec or more and a thickness of 12 inches or more; or constructed of synthetic or geonet drainage materials with a transmissivity of 3 x 10-5 m2/sec or more;

(iii) Constructed of materials that are chemically resistant to the waste managed in the waste pile and the leachate expected to be generated and of sufficient strength and thickness to prevent collapse under the pressures exerted by overlying wastes, waste cover materials, and by any equipment used at the waste pile;

(iv) Designed and operated to function without clogging during the active life and post-closure care period; and

(v) Constructed with sumps and liquid removal methods (e.g., pumps) of sufficient size to collect and remove liquids from the sump and prevent liquids from backing up into the drainage layer. Each unit must have its own sump(s) and each sump and removal system must provide a method for measuring and recording the volume of liquids present and removed.

(6) Leachate must be removed from the leachate collection system either continuously or with sufficient regularity that no hydraulic head builds up within it.
(a) An action leakage rate, representing the maximum design flow rate that the leak detection system can remove without fluid head on the bottom liner exceeding one foot, must be identified.

(b) Liquids removed from the leachate collection system must be recorded weekly and converted to an average daily flow rate in gallons per acre per day at each sump where liquid is removed and used to determine exceedances of the action leakage rate.

(c) Owners or operators must have an approved response action plan specifying response actions to be taken in the even the action leakage rate has been exceeded. The response action plan must comply with 40 C.F.R. §264.253.

(7) No ignitable or reactive wastes may be stored in a waste pile.

(8) Storage of incompatible wastes in a waste pile must be in accordance with the requirements of 40 C.F.R. §264.257, except that the references 40 C.F.R. §264.17(b) shall mean Section 6(C)(8) of this Chapter.

(9) No waste may remain in a pile for longer than 180 days.

(10) Fugitive emissions from the waste pile must be controlled in accordance with a plan approved by the Board.

C. Monitoring

(1) Monitoring of the structure of the waste pile during construction and operation must meet the requirements of 40 C.F.R. §264.254, except that the reference to 40 C.F.R. §264.251(a) shall mean Section 11(B)(1) of this Chapter.

(2) Ground water must be monitored in accordance with Section 8(D) of this Chapter.

(3) Emissions, including fugitive emissions, from the facility must be monitored in accordance with Section 8(F) of this Chapter.

(4) The Board or Department may require surface waters within or adjacent to a facility or facility property to be monitored in accordance with a plan approved by the Board or Department, as applicable.

D. Closure Requirements. The facility must comply with the provisions of 40 C.F.R. §264.258, except that references to sections of 40 C.F.R. Part 261 shall mean 06-096 C.M.R. ch. 850, and references to other sections or subparts of 40 C.F.R. Part 264 shall mean this Chapter.

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