A.
Prohibition. No person shall establish, construct, alter, or
operate a waste facility for hazardous waste, except as noted, where the
facility is or would be located:
(1) On land
defined as a wetland under statutes or regulations administered by the
Department, Department of Agriculture, Conservation and Forestry, Department of
Inland Fisheries & Wildlife, or Department of Marine Resources;
or
(2) Within any 100-year flood
plain so designated by the Federal Emergency Management Agency or within the
level of any documented flood of a greater magnitude. This prohibition does not
apply to a facility where hazardous waste is not handled in a landfill, land
treatment unit, miscellaneous unit, surface impoundment or waste pile or to any
interimly-licensed (under 06-096 C.M.R. ch. 855) storage or treatment facility
in use on the effective date of this Chapter; or
(3) So that it overlies any portion of a
surface or subsurface sand and gravel aquifer or a high yield bedrock aquifer.
This prohibition applies to a facility where hazardous waste is handled in a
surface impoundment, landfill, underground tank, or waste pile or a facility
where hazardous waste is treated utilizing land treatment techniques; or
NOTE: Maps prepared by the Department of Agriculture,
Conservation and Forestry (Maine Geological Survey) may provide guidance as to
the location of sand and gravel and bedrock aquifers within the State of
Maine.
(4) Within the
boundaries of a state or federal park or designated wilderness area. This
prohibition does not apply to a storage facility (Section
12 of this Chapter);
B.
Rebuttable
Presumption. A waste facility for hazardous waste located as set forth
below is presumed to pose serious threats to public health or welfare or to the
environment such that a license for a facility cannot be issued. The
presumption applies if:
(1) The facility
property is located on land defined as a wetland under statutes or regulations
administered by the Department, Department of Agriculture, Conservation and
Forestry, Department of Inland Fisheries & Wildlife, or Department of
Marine Resources; or
(2) The
facility or facility property is located within 300 feet of any 100-year flood
plain so designated by the Federal Emergency Management Agency or within 300
feet of the level of any documented flood of a greater magnitude. Evidence that
the facility will be constructed or operated in compliance with the special
requirements for facilities located in a flood plain is not an adequate basis
for rebutting the presumption against such siting. However, the presumption may
not be rebutted unless the applicant demonstrates along with its other offer of
evidence rebutting the presumption that the facility will meet all applicable
standards; or
(3) The facility or
facility property overlies any portion of a surface or subsurface sand and
gravel aquifer or its primary recharge zone or a high yield bedrock aquifer;
or
(4) The facility or facility
property is located within one mile upgradient of any underground source of
public drinking water, or within the watershed of a surface water source of
public drinking water, or within 1,000 feet of any source of potable water for
humans or livestock; or
(5) The
facility or facility property is located such that it may pose a threat to
fisheries or wildlife or other natural resources in an area including a
sanctuary, refuge, or preserve designated as such under statutes or regulations
administered by the Department of Inland Fisheries & Wildlife or Marine
Resources; a state or federal park, sanctuary, or designated wilderness area,
or a critical area identified as such under statutes or regulations
administered by the Natural Areas Program of the Maine Department of
Agriculture, Conservation, and Forestry, or to fish in a fish hatchery;
or
(6) The facility property is
located within the boundaries of a state or federal park or designated
wilderness area.
An applicant seeking a license to establish, construct,
alter, or operate a facility in such a location must overcome this presumption
by persuasive evidence that the facility is unique in some way that allows for
compliance with the intent of this Chapter.
