Code of Maine Rules
06 - DEPARTMENT OF ENVIRONMENTAL PROTECTION
096 - DEPARTMENT OF ENVIRONMENTAL PROTECTION - GENERAL
Chapter 856 - LICENSING OF HAZARDOUS WASTE FACILITIES
Section 096-856-10 - Application Requirements

Universal Citation: 06 ME Code Rules § 096-856-10

Current through 2024-38, September 18, 2024

A. General Requirements

(1) An applicant for a license for a waste facility for hazardous waste shall file an application in accordance with the requirements of this section, (except for applications submitted under Section 11 of this Chapter), including a completed license application form and all supporting materials.

"Applicant" includes a person applying for a license for a substantial modification to a licensed facility. "Application" includes an application for a substantial modification to a licensed facility. However, information filed with the Department as part of an application for an initial license for a facility may satisfy some or all of the application requirements for a license for a substantial modification to the facility, if the applicant so requests and if the Department makes the determination that the information on file provides a proper basis for review of and decision on the application for the modification.

Application forms must be obtained from and filed with:

Department of Environmental Protection

Bureau of Remediation and Waste Management

Division of Materials Management

17 State House Station

Augusta, Maine 04333-0017

NOTE: Applicants are encouraged to contact the Division of Materials Management (Telephone No. 207-287-7688) for assistance and information prior to the filing of an application.

(2) An applicant who owns or operates or proposes to own or operate a waste facility for hazardous waste in which more than one type of handling is performed may file a single application for a license to include all those types of handling. The application shall meet all license application requirements applicable to each type of handling.

(3) The application must be signed and certified by:

(a) A principal executive officer of at least the level of a vice-president, if the applicant is a corporation;

(b) A general partner or the proprietor, as appropriate, if the applicant is a partnership or sole proprietorship; or

(c) A principal executive officer or ranking elected official, if the applicant is a municipality, state, federal, or other public agency.

Signing of the application constitutes certification thereof in accordance with the certification statement on the application form.

(4) With the application, an applicant shall remit the appropriate application fee as established below, by certified check or money order made payable to the Maine Hazardous Waste Fund:

Type of Facility	Fee
Disposal Facility	$10,000
Commercial Treatment Facility	$7,000
On-Site Treatment Facility	$4,000
Other waste facility for hazardous waste, including storage facilities	$2,500
Treatment facility under license by rule provisions (i.e., Abbreviated Licenses in Section 11 of this Chapter), where the hazardous waste treated is 1,000 kg or less per calendar month	$75
All other facilities for hazardous waste under license by rule provisions (i.e., Abbreviated Licenses in Section 11 of this Chapter)	$400
Facility post-closure license	$2,000

A refund of fifty (50) percent of the fee will be returned to an applicant who withdraws an application within thirty (30) calendar days of its submission.

(5) The application fees are required for initial applications and for any applications for a substantial modification to a facility or a license. The fee is not required for renewal applications or for an application to allow a change of ownership or operator, where, in such cases, no substantial change to the facility or license is sought.

(6) An applicant shall complete the application form and submit it and all supporting materials as required by rule. On the application form, the Department will specify the number of copies to be submitted.

(7) All engineering designs, reports, plans, and other technical engineering documents must be signed and certified by a State of Maine Registered Professional Engineer.

(8) All geological work must be signed and certified by a State of Maine Certified Geologist, except that soils work may be signed and certified by a State of Maine Certified Soils Scientist.

(9) All survey work must be signed and certified by a State of Maine Registered Land Surveyor.

(10) All drawings must be done on paper no smaller than 81/2 x 11 inches and no larger than 30 x 40 inches in size folded to 81/2 x 11 inches.

(11) The Department will consider an application only when an applicant has demonstrated sufficient title, right, or interest in all of the property which is proposed for development or use. An applicant shall demonstrate in writing sufficient title, right, or interest, as follows:

(a) When the applicant owns the property, a copy of the deed(s) to the property must be supplied.

(b) When the applicant has a lease on the property, a copy of the lease must be supplied. The lease must be of sufficient duration, as determined by the Department, to permit construction and reasonable use of the facility.

(c) When the applicant has an option to buy or lease the property, a copy of the option agreement must be supplied. Option agreements must contain terms deemed sufficient by the Department to establish future title or a leasehold of sufficient duration.

(d) When the applicant has eminent domain power over the property, evidence must be supplied as to the ability and intent to use the eminent domain power to acquire sufficient title, right, or interest as determined by the Department.

(12) Pre-application Public Meeting and Notice. An applicant shall comply with the pre-application meeting requirements of Rules Concerning the Processing of Applications and Other Administrative Matters, 06-096 C.M.R. ch. 2, §§ 2(A), 10(B)(5) and 13(A) and 40 C.F.R. §124.31, including the following requirements:

(a) The applicant shall hold at least one meeting with the public in order to solicit questions from the community and inform the community of proposed hazardous waste management activities. The applicant shall post a sign-in sheet or otherwise provide a voluntary opportunity for attendees to provide their names and addresses;

(b) The applicant shall submit a summary of the meeting, along with the list of attendees and their addresses developed under Section 10(A)(12)(a) of this Chapter, and copies of any written comments or materials submitted at the meeting, to the Department as a part of the application;

(c) The applicant shall provide public notice of the pre-application meeting at least 30 days prior to the meeting. The applicant shall provide to the Department documentation of the public notice. The applicant shall provide public notice of the pre-application public meeting in all of the following forms:

(i) A newspaper advertisement. The applicant shall publish a notice in a newspaper of general circulation in the county or equivalent jurisdiction that hosts the proposed location of the facility. In addition, the Department may instruct the applicant to publish the notice in newspapers of general circulation in adjacent counties or equivalent jurisdictions, where the Department determines that such publication is necessary to inform the affected public;

(ii) A visible and accessible sign. The applicant shall post a notice on a clearly marked sign at or near the facility. If the applicant places the sign on the facility property, then the sign must be large enough to be readable from the nearest point where the public would pass by the site;

(iii) A broadcast media announcement. The applicant shall broadcast a notice at least once on at least one local radio station or television station. The applicant may employ another medium with prior approval of the Department; and

(iv) A notice to the Department. The applicant shall send a copy of the newspaper notice to the Department and to the municipality, or if the facility is located in an unorganized territory, to the county clerk of the county of its location.

(d) The notices required under Section 10(A)(12)(c) of this Chapter must include:

(i) The date, time, and location of the meeting;

(ii) A brief description of the purpose of the meeting;

(iii) A brief description of the facility and proposed operations, including the address or a map (e.g., a sketched or copied street map) of the facility location;

(iv) A statement encouraging people to contact the facility at least 72 hours before the meeting if they need special access to participate in the meeting; and

(v) The name, address, and telephone number of a contact person for the applicant.

NOTE: Pursuant to 38 M.R.S. §1319- R(3), all applicants for a license to construct, operate, or substantially expand a commercial hazardous waste facility shall give, at the same time, written notice to the municipal officers of the municipality in which the proposed facility will be located. In addition, the municipality through its municipal officers is granted intervenor status in any proceeding for site review of a commercial hazardous waste facility.

(13) Within 15 working days of receipt of an application, the Commissioner of the Department will notify the applicant of the date the application was accepted by the Department as being complete for processing or return it specifying in writing the reasons for returning the application. No further processing of an application will occur until the Department determines it to be complete. The statutory time period within which the Department acts upon the application pursuant to 38 M.R.S. §344 does not begin until the application is determined to be complete. If the applicant does not submit a complete application for a facility, renewal, modification, closure, post-closure or any other required application, the Department may deny a license for the facility or unit.

(14) In reviewing applications determined to be complete for processing, the Board or Department may require additional information from the applicant on any aspect of the facility relating to compliance with the standards of 06-096 C.M.R. ch. 854 and this Chapter.

(15) An applicant shall give public notice of the filing of an application by:

(a) Filing a copy of the application, and any changes thereto, with the clerk of the municipality in which the facility is or will be located or, if the facility is or will be located in the unorganized territory, with the county clerk of the county of its location. The application and changes must be so filed at the time each is filed with the Department except in the case of a mobile treatment facility which need not file the notice until the time of filing of Phase II of its application;

NOTE: For a mobile treatment facility, the application consists of two phases. Phase I is an evaluation of treatment technology and conditions of operation; and Phase II is an assessment of the location(s) where the unit will be used.

(b) Publishing notice, in size and form at least equivalent to standard legal notices and containing the information specified below, in at least one newspaper of general circulation in the area in which the facility is or will be located. For the purposes of a mobile treatment facility, the circulation area means the entire State of Maine for Phase I of the application. Notice must be published once during the week in which the application is filed and once during the following week;

(c) Broadcasting notice containing the information specified below over at least one radio station broadcasting in the area in which the facility is or will be located. Notice must be broadcast at least once each day of the week in which the application is filed; for the purposes of a mobile treatment facility, the circulation area means the entire State of Maine for Phase I of the application; and

(d) Giving notice to all owners of property abutting the facility property. For mobile treatment facilities, this notice must be given at the time of the filing of Phase II of the application, as defined in 06-096 C.M.R. ch. 854, § 6(G).

(16) The public notice must include, but not be limited to:

(a) The name, location and type (e.g., hazardous waste storage facility; hazardous waste incinerator) of the facility;

(b) The name of the owner and operator of the facility and the name, address, and telephone number of a contact person for the applicant;

(d) Identification of the hazardous waste(s) to be handled at the facility and descriptions of the method(s) of handling;

(e) A statement that public comments are invited and will be considered by the Department if filed within 45 days of the last day of the week in which the application is filed;

(f) A statement that a public hearing may be requested by any person, groups of persons, or agency with respect to the application. The request for hearing must be in writing, indicate the interest of the party filing the request, the reasons why a hearing is warranted and must be filed within 45 days of the last day of the week in which the application is filed;

(g) A statement that comments and hearing requests must be filed with the Department, that more information can be obtained from the Department, and that people can write to the Department to be put on the facility mailing list, at the following Department address:

Department of Environmental Protection

Bureau of Remediation and Waste Management

Division of Materials Management

17 State House Station

Augusta, Maine 04333-0017

Telephone # (207) 287-7688; and

(h) The locations at which and the times during which the application and supporting materials may be examined.

(17) The applicant shall submit to the Department evidence demonstrating that notice has been published and broadcast as required above, within 5 days of completion of publication and broadcasting. If such evidence is not received, or if notice requirements have not been complied with, processing of the application will cease and will not recommence until notice has been given as required.

(18) For a facility at which hazardous waste will be disposed, the applicant shall provide information demonstrating that the volume of waste and the risks related to its handling will have been reduced to the maximum practical extent by treatment and volume reduction prior to disposal.

(19) The applicant shall demonstrate, in the application, sufficient financial capacity, including projections of utilization of the facility by hazardous waste generators, to construct, operate, and maintain all aspects of the facility in accordance with requirements of statute and rules.

(20) Except as provided in Section 13(A)(10) of this Chapter, applicants shall keep records of all data used to complete license applications and any supplemental information submitted pursuant to this Chapter for a period of at least three years from the date the application is signed.

(21) If a hearing is mandatory, the applicant shall file notice in accordance with 5 M.R.S. §9051(A).

B. Information Required for All Applications. An applicant shall include in the application (except for post-closure care license applications as provided in Section 10(K) of this Chapter and except for abbreviated license applications submitted under Section 11 of this Chapter) the information required by 40 C.F.R. §§270.13 and 270.14(a) and (b), except that references to other sections of 40 C.F.R. Parts 124, 270, and 271 shall mean this Chapter, references to 40 C.F.R. Part 264 or sections or subparts thereof shall mean applicable provisions of 06-096 C.M.R. ch. 854, references to 40 C.F.R. Part 266 shall be deleted, and:

(1) The information required by 40 C.F.R. §270.13(j) must be a specification of the hazardous wastes listed or designated under 06-096 C.M.R. ch. 850 to be handled at the facility, an estimate of the quantity of each waste to be handled annually and a general description of the process(es) to be used for handling each waste.

(2) The information required by 40 C.F.R. §270.14(b)(1) must also include plan and profile views of all dikes, dams, berms and other similar structures, and drawings of all buildings, all tanks, stationary equipment, machinery and related structures, indicating type, number, location and capacity or size; and drawings showing landscaping and screening.

(3) The general inspection schedule required by 40 C.F.R. §270.14(b)(5) must include daily inspection of the facility during daylight hours in order to check for equipment malfunctions or deterioration, operator procedural compliance, conditions of hazardous waste containers or any other factor which if not corrected could cause or contribute to any unauthorized release, leak or discharge of hazardous waste at the facility. An inspection log must be maintained on the facility site with daily inspections and results thereof noted in the log.

(4) The contingency plan required by 40 C.F.R. §270.14(b)(7) must also include the emergency notification requirements of 40 C.F.R. §264.56(d)(2)(i) -(vi) and must include the requirement that emergency notification be given to the Department of Public Safety (State Police) by calling 1-800-452-4664 or 207-624-7076. Notification must include all of the information required by 40 C.F.R. §264.56(d)(2)(i) -(vi) and in addition must include the following:

(a) A current assessment of the situation, including any potential hazards that remain and an estimated time that problems caused by the emergency situation are expected to be resolved;

(b) A list of other local, state and federal agencies which were notified of the emergency situation; and

NOTE: The Maine Department of Public Safety (State Police) will immediately notify the Department.

(5) A map, plotted on the most current 1:24,000 scale (71/2 minute) United States Geological Survey (USGS) topographical quadrangle must also be provided, showing the location of the facility property and of the facility itself and extending one mile beyond the property boundaries. If a 71/2 minute map has not been printed by USGS, a 1:62,500 scale (15 minute) map may be used.

(6) A survey of the facility property boundaries must also be provided.

(7) Copies of all state and municipal zoning restrictions applicable to the facility property and to the area within one half (1/2) mile of the property boundaries must also be provided.

(8) The application shall also include a list of all other federal, state and local environmental licenses or permits required for the facility, indicating whether each has been applied for and the date of such application. If licenses have been issued, include a copy of each license. If any environmental license or permit for the facility, or issued to the owner or operator for any other facility or activity, has been either suspended, revoked, or denied identify the license or permit, give date(s) of and reason(s) for suspension or revocation or denial and indicate present status.

(9) The application shall also include a map showing all wells, springs, ponds, streams, other bodies of surface water, and public drinking water supplies on the facility site and within one mile of the property boundaries, and any intake or discharge structures, underground injection wells, if any, and hazardous waste treatment, storage, disposal or handling structures on the property.

(10) A plan of operation for the facility must be submitted as well which, at a minimum, provides the following information:

(a) The amounts of each hazardous waste, by specific type, to be received weekly;

(b) A detailed narrative explaining how the facility will operate, including, but not limited to, design capacity, on site storage, if any, technological processes for each type of hazardous waste and flow diagram schematics for all parts of the facility;

(d) Hours and days of operation at the facility and the number of conveyances delivering hazardous wastes that are expected daily and that can be accommodated daily;

(e) A detailed plan for monitoring facility operation, including monitoring of the generation of hazardous waste incidental to operation of the facility and handling thereof and monitoring of the effects of the facility on air, land and water. The plan must indicate the location of any monitoring wells and other monitoring devices, specify analytical parameters, indicate what laboratory and/or analytic capability will be required, how it will be provided, and include a schedule for filing monitoring reports with the Department; and

(f) An evaluation of the impact of the facility on the surrounding environment, including an evaluation of the impact of a worst-case malfunction or failure. The detail required will depend upon the type of waste facility, the nature of its location and surrounding environment.

NOTE: A single map or plan may be used to satisfy more than one requirement of this Chapter, if different elements are clearly indicated. Applicants are encouraged to include narrative descriptions of drawings and of laboratory or field tests, which explain or clarify the application.

(11) Evidence that the applicant has acquired liability insurance or an alternative liability assurance mechanism in an amount(s), type and form specified in 06-096 C.M.R. ch. 854. A certificate of insurance from the underwriter will suffice providing that the wording of the Hazardous Waste Facility Certificate of Liability Insurance is identical to the wording contained in 40 C.F.R. §264.151(j) except that subparagraph 2(b) must read:

"The Insurer is liable for the payment of amounts within any deductible applicable to the policy, with a right of reimbursement by the insured for any such payment made by the Insurer."

The certificate of insurance also must contain the discovery endorsement as required by 06-096 C.M.R. ch. 854, § 6(C)(17)(n), if applicable.

(12) A plan for closure of the facility upon termination of its use. The plan must demonstrate that requirements for closure established by 06-096 C.M.R. ch. 854 will be met, must contain detailed estimates of costs of closure, including calculations thereof, and must include copies of assurance funding instruments as specified by 06-096 C.M.R. ch. 854.

(13) A notice, to be filed by the Department in the Registry of Deeds for the county in which the facility is located, which states that a hazardous waste facility is located on the property, gives the name and address of the owner of the facility property and the name and address of the facility operator, specifies the hazardous wastes handled at the facility and the methods of handling and indicates that a facility closure plan is on file with the Department.

(14) For a facility at or in which hazardous waste will remain after termination of its use, a plan for post-closure monitoring and maintenance of the facility for the 30-year period subsequent to termination of its use. The plan must demonstrate that the requirements for post-closure established by 06-096 C.M.R. ch. 854 will be met, must contain detailed cost estimates, including calculations thereof, and must include assurance funding instruments as specified by 06-096 C.M.R. ch. 854.

(15) A schedule that lists all records and reports required by the Department's rules to be kept or made for the facility, specifying:

(a) For each record or report, the type and frequency of entries therein;

(b) For each record or report, the frequency of submission to the Department;

(c) For each record or report, the duration of time each is required to be retained by the facility owner or operator and where retained; and

(d) The name and position of the individual who will sign records and reports. The individual signing such records and reports shall either be authorized to sign the application under Section 10(A) of this Chapter or be authorized in accordance with 40 C.F.R. §270.11.

If an authorization is no longer accurate because of a change of individual or position, a new authorization which satisfies the requirements of 40 C.F.R. §270.11 must be submitted with or prior to submission of any records or reports to be signed by an authorized representative.

(16) Ground water information requirements for hazardous waste units. The following additional information regarding protection of ground water is required from owners or operators of hazardous waste surface impoundments, piles, land treatment units, and landfills (except if the facilities are exempt from ground water monitoring requirements under 06-096 C.M.R. ch. 854), and from owners or operators of miscellaneous units where ground water monitoring of the units is deemed appropriate by the Department:

(a) A summary of the ground water monitoring data obtained during the interim status period under 06-096 C.M.R. ch. 855, where applicable;

(b) Identification of the uppermost aquifer and aquifers hydraulically interconnected beneath the facility property, including ground water flow direction and rate, and the basis for such identification (i.e., the information obtained from hydrogeologic investigations of the facility area);

(c) On the topographic map required in this Chapter, a delineation of the waste management area, the property boundary, the proposed "point of compliance" as defined in 06-096 C.M.R. ch. 854, the proposed location of ground water monitoring wells as required under 06-096 C.M.R. ch. 854, and to the extent possible, the information required in Section 10(B)(16)(b) of this Chapter;

(d) A description of any plume of contamination that has entered the ground water from a regulated unit at the time that the application was submitted that:

(i) Delineates the extent of the plume on the topographic map required in 40 C.F.R. §270.14(b)(19); and

(ii) Identifies the concentration of each Appendix IX of 06-096 C.M.R. ch. 854 constituent throughout the plume or identifies the maximum concentrations of each Appendix IX constituent in the plume;

(e) Detailed plans and an engineering report describing the proposed ground water monitoring program to be implemented to meet the general ground water monitoring requirements of 06-096 C.M.R. ch. 854;

(f) If the presence of hazardous constituents has not been detected in the ground water at the time of license application, the owner or operator shall submit sufficient information, supporting data, and analyses to establish a detection monitoring program which meets the requirements of 06-096 C.M.R. ch. 854. This submission must address the following items specified under 06-096 C.M.R. ch. 854:

(i) A proposed list of indicator parameters, waste constituents, or reaction products that can provide a reliable indication of the presence of hazardous constituents in the ground water;

(ii) A proposed ground water monitoring system;

(iii) Background values for each proposed monitoring parameter or constituent, or procedures to calculate such values; and

(iv) A description of proposed sampling, analysis and statistical comparison procedures to be utilized in evaluating ground water monitoring date;

(g) If the presence of hazardous constituents has been detected in the ground water at the point of compliance at the time of license application, the owner or operator shall submit sufficient information, supporting data, and analyses to establish a compliance monitoring program which meets the requirements of 06-096 C.M.R. ch. 854. The owner or operator shall also submit an engineering feasibility plan for a corrective action program necessary to meet the requirements of 06-096 C.M.R. ch. 854 unless all hazardous constituents are present at concentrations that do not exceed the performance standards of 06-096 C.M.R. ch. 854, § 8(A). To demonstrate compliance with the compliance monitoring requirements of 06-096 C.M.R. ch. 854, the owner or operator shall address the following items:

(i) A description of the wastes previously handled at the facility;

(ii) A characterization of the contaminated ground water, including concentrations of hazardous constituents;

(iii) A list of hazardous constituents for which compliance monitoring will be undertaken in accordance with 06-096 C.M.R. ch. 854;

(iv) Proposed concentration limits for each hazardous constituent, based on the performance standards of 06-096 C.M.R. ch. 854, § 8(A)(3)(a);

(v) Detailed plans and an engineering report describing the proposed ground water monitoring system, in accordance with the requirements of 06-096 C.M.R. ch. 854; and

(vi) A description of proposed sampling, analysis and statistical comparison procedures to be utilized in evaluating ground water monitoring data; and

(h) If hazardous constituents have been measured in the ground water which exceed the performance standards of 06-096 C.M.R. ch. 854, § 8(A)(3)(a), or if ground water monitoring conducted at the time of license application under 06-096 C.M.R. ch. 855 at the waste boundary indicates the presence of hazardous constituents from the facility in ground water over background concentrations, the owner or operator shall submit sufficient information, supporting data, and analyses to establish a corrective action program which meets the requirements of 06-096 C.M.R. ch. 854. To demonstrate compliance with 06-096 C.M.R. ch. 854, the owner or operator shall address, at a minimum, the following items:

(i) A characterization of the contaminated ground water, including concentrations of hazardous constituents;

(ii) The concentration for each hazardous constituent found in the ground water as set forth in the performance standards of 06-096 C.M.R. ch. 854, § 8(A)(3)(a);

(iii) Detailed plans and an engineering report describing the corrective action to be taken; and

(iv) A description of how the ground water monitoring program will demonstrate the adequacy of the corrective action.

(17) Information requirements for Solid Waste Management Units (SWMUs). The following information is required for each solid waste management unit at a facility seeking a license:

NOTE: Federal law requires that SWMUs must be addressed in a license for corrective action (i.e., remediation) of any releases. RCRA §3004(u) requires corrective action for releases of hazardous waste or hazardous constituents from SWMUs identified in a facility license. A SWMU can be a place or unit where solid or hazardous wastes are placed at any time, or where wastes have been routinely and systematically released.

(a) The location of the unit on the topographic map required under this section;

(b) Designation of type of unit;

(d) When the unit was operated;

(e) Specification of all wastes that have been managed at the unit, to the extent available; and

(f) All available information pertaining to any release of hazardous wastes or hazardous constituents.

In addition, the owner/operator shall conduct and provide the results of sampling and analysis of ground water, land surface and subsurface strata, surface water, or air, which may include the installation of wells, where the Department or the Board ascertains it is necessary to complete a RCRA Facility Assessment that will determine if a more complete investigation is necessary.

(18) Such other information as may be required to demonstrate that the facility has been designed, will be established, constructed or altered and will operate to meet the standards set forth in 06-096 C.M.R. ch. 854, and to establish license terms and conditions under Section 12(E) of this Chapter.

(19) Consistent with federal requirements for authorization to operate the State hazardous waste management program, the Department may, on its own motion or on request, modify or waive one or more of the requirements of Section 10 B. Such modification or waiver must be justified on the basis that greater protection to public health, safety or welfare or the environment is required and will thereby be provided or on the basis that no less protection will thereby be provided.

(20) The Department may require an applicant to maintain an information repository in accordance with 40 C.F.R. §124.33. In making this determination, the Department may consider a variety of factors, including: the level of public interest; the type of facility; the presence of an existing repository; and the proximity to the nearest copy of the administrative record. If the Department determines, at any time after submittal of a permit application, that there is a need for a repository, then the Department may notify the facility that it must establish and maintain an information repository. The information repository must contain all documents, reports, data, and information deemed necessary by Department to fulfill the purposes for which the repository is established. The Department maintains discretion to limit this information. The Department may specify requirements for the facility to inform the public about the information repository. At a minimum, the facility must provide a written notice about the information repository to all individuals on the facility mailing list.

(21) An applicant must include in its application provisions it will implement to comply with the applicable air emission standards of 40 C.F.R. Part 264, Subparts AA, BB, and CC, including the requirements of 40 C.F.R. §§270.24, 270.25 and 270.27.

C. Application for License for Landfill or Surface Impoundment: Additional Requirements. In addition to the information required for all applications, an applicant for a license for a landfill or a surface impoundment shall include in the application:

(1) Information required for surface impoundments under 40 C.F.R. §§270.17(a) -(j) and 270.27, and information required for landfills under 40 C.F.R. §270.21(a) -(j) provided, however, that references to sections or subparts of 40 C.F.R. Part 264 shall mean 06-096 C.M.R. ch. 854, references to sections or subparts of 40 C.F.R. Part 270 shall mean this Chapter, the exemptions from liner requirements set forth in 40 C.F.R. §§264.221(a) and (b), 264.301(a) and (b) do not apply, all wastes must be removed from a surface impoundment at closure unless the Department has determined that closure as a landfill is protective of public health and the environment, and 40 C.F.R. §270.21(c) shall be deleted.

(2) A survey of the boundaries of the landfill(s) or surface impoundment(s).

(3) A map showing existing topographical contours of the facility property and proposed final elevations. Contours and elevations must be shown at two (2) foot intervals and at a scale of one (1) inch to one hundred (100) feet or larger scale. Elevations must be based on a United States Geological Survey (USGS) benchmark and elevations above mean sea level must be used. A permanent benchmark must be set on the site.

(4) A map showing present actual land uses on the facility property and within one half (1/2) mile from the property boundaries.

(5) Current vertical aerial photographs that provide a stereo view of the facility property as it exists at the time of the application.

(6) An analysis of borings and test pits which evaluate subsurface conditions of the facility property. Borings must penetrate the entire thickness of unconsolidated materials and a minimum of five feet into the underlying bedrock. A minimum of one boring per acre is required. The Department may require additional borings as needed to properly evaluate subsurface conditions. Abandoned boreholes and test pits must be sealed to prevent surface water infiltration and/or the movement of ground water from one aquifer to another.

(7) Piezometric measurements for all aquifers underlying the facility property. A minimum of five piezometric stations is required. A minimum of six months of monthly piezometric readings, to include the spring high ground water period, is required, unless the applicant demonstrates to the satisfaction of the Department that proper evaluation of ground water movement can be made from readings from a shorter time period, from readings which do not re-include the spring high ground water period, or both. The Department may require additional piezometric stations, additional piezometric readings, or both as needed to properly evaluate ground water movement.

(8) Results of the geologic and hydrogeologic investigations required by Section 10(C)(6) and 10(C)(7) of this Chapter must be presented in the following forms:

(a) A bedrock contour map, scale of 1 inch = 100 feet and with 5 foot contour intervals, and analysis of the nature of the bedrock and the alignment of structural elements in the bedrock;

(b) A surficial geologic map of the same scale as the bedrock contour map, with analysis of surficial deposits and representative cross sections to show three-dimensional relationships;

(d) A ground water flow net analysis of the movement of ground water into, within and from the facility property and of the direction of possible leachate flow. The analysis must consist of equipotential and flow lines in both horizontal and vertical planes; and

(e) An analysis of the attenuative capacities of facility property soils, including cation exchange capacities, hydraulic conductivities, grain size and pH.

(9) Water balance analyses for the facility property, using average monthly values of precipitation and evapotranspiration, during operation of the landfill or surface impoundment and after closure.

(10) A ground water monitoring plan, which a minimum, must include:

(a) Monitor well specifications, including:

(i) Location;

(ii) Depth of wells;

(iii) Screened intervals;

(iv) Type and size of casing;

(v) Type and size of screen; and

(vi) Type and grain size of packing, grouting and other sealing materials, and fluids used in drilling;

(b) Procedures and techniques of sample collection;

(d) Chain of custody control;

(e) Analytical procedures;

(f) Quality control procedures;

(g) Background concentrations for all wells, springs and surface bodies of water within l,000 feet of the facility property, established from chemical, physical and biological analytic data with consultation and approval of the Department. Parameters will vary depending on the waste to be placed in the landfill or surface impoundment; and

(h) Limits of detection of all parameters (e.g., chemical, physical and biological).

(11) Elevations and cross sections, at the rate of one (1) cross section per 100 feet, of all fill areas, pits, ponds, lagoons, and subsurface tanks on the facility property.

(12) An instrument which imposes a restrictive covenant on the facility property, to be executed by all the owners of the facility property and by the Commissioner of the Department. The instrument must be filed and recorded by the Department in the office of the Registry of Deeds for the County in which the facility property is located. The covenant must state that the property has been used as a landfill or surface impoundment for hazardous wastes and must provide that neither the property owners, their agents, employees, nor the heirs, successors, lessees, or assignees of any of them shall engage in or permit on the property, without written authorization by the Commissioner of the Department, any filling, grading, digging, excavating, building, drilling, mining or other activity which might disturb the integrity of the closure of the facility or otherwise increase the possibility of harm to the public or the environment from the facility or facility property.

(13) Information on the potential for the public to be exposed to hazardous waste or hazardous constituents through discharges related to the facility. At a minimum such information must be prepared by an individual or individuals qualified to assess potential exposure and effects of such exposure and must address:

(a) Reasonably foreseeable potential releases from both normal operations and accidents at the facility, including discharges associated with transportation to and from the facility;

(b) The potential pathways, including ground or surface water contamination, air emissions, and food chain contamination, of human exposure to hazardous wastes or constituents resulting from the discharges described under (a) above;

(c) The size and potential susceptibility of the community within the likely pathway of exposure, a comparison of expected human exposure levels to the short-term and long-term health effects associated with identified contaminants and any available recommended exposure or tolerance limits for such contaminants; and

(d) The potential magnitude and nature of the human exposure resulting from such discharges including evidence as to the risks or health effects associated with such discharges or exposure.

(14) A statement of the minimum freeboard to be maintained at the surface impoundment(s) and the basis of the design to demonstrate compliance with 06-096 C.M.R. ch. 854.

D. Application for License for Incinerator: Additional Requirements. In addition to the information required for all applications, an applicant for a license for a facility which incinerates hazardous waste shall:

(1) Comply with the requirements of 40 C.F.R. §§270.19(b), 270.19(c), and 270.19(e), except that:

(a) The terms Principal Hazardous Constituent ("PHC") shall be substituted for the terms Principal Organic Hazardous Constituent ("POHC"), the terms "appropriate analytical techniques" shall mean analytical techniques approved by the Department, and references to the performance standards, operating requirements and monitoring requirements of 40 C.F.R. §§264.343, 264.345 and 264.347 shall mean the performance standards, operating requirements and monitoring requirements of 06-096 C.M.R. ch. 854, §§ 13(B), 13(C) and 13(D), respectively;

(b) In addition to the requirements of 40 C.F.R. §270.19(b) or (c), the applicant shall submit as part of the trial burn plan, or with the information submitted in lieu of a trial burn, an analysis of emissions, ash, scrubber effluent and other residues which identifies combustion byproducts. The initial analysis may be a scan and the applicant shall propose and justify limits of detection for each PHC. The Department may require other detection limits if necessary to adequately protect public health, safety, welfare or the environment;

(c) The applicant shall submit as part of the trial burn plan, or with the information submitted in lieu of a trial burn, modeling, using models approved by the Department, to demonstrate that heavy metals emissions comply with the standard set in 06-096 C.M.R. ch. 854, § 13(B)(5);

(d) References to 40 C.F.R. §270.62 shall mean Section 10(D)(2) of this Chapter; and

(e) References to 40 C.F.R. Part 261 shall mean 06-096 C.M.R. ch. 850.

(2) Comply with the requirements of 40 C.F.R. §§270.62(a) through (d) excluding the opening paragraph prior to section (a), and the Department will act in accordance with those requirements, except that:

(a) The term "PHC" shall be substituted for the term "POHC" and references to the performance standards, operating requirements and monitoring requirements of 40 C.F.R. §§264.343, 264.345 and 264.347 respectively shall mean the performance standards, operating requirements and monitoring requirements of 06-096 C.M.R. ch. 854, §§ 13(B), 13(C) and 13(D), respectively;

(b) In addition to the requirements of 40 C.F.R. §§270.62(a) through (d), the trial burn plan must include the analysis and modeling required by Section 10(D)(1)(c) and (d), and the determinations and results of the trial burn, which the applicant shall make and submit, must include quantitative analysis of emissions, ash, scrubber effluent and other residues to identify and quantify those combustion byproducts which are or contain PHCs. The limits of detection for each PHC must be as approved or required by the Department;

(c) Based on the trial burn, the Department, in addition to setting operational requirements in the final license, will set any monitoring and inspection requirements which apply in addition to those established by 06-096 C.M.R. ch. 854, § 13(D).

(d) References to other sections of 40 C.F.R. § Part 270 shall mean this Chapter; and

(e) References to 40 C.F.R. § Part 261 or subparts thereof shall mean 06-096 C.M.R. ch. 850; and

(f) The exemption set forth in 40 C.F.R. §270.19(a) shall not apply.

(3) Boilers, industrial furnaces, and other devices used to burn, incinerate, or combust hazardous wastes that do not meet the definition of "incinerator" pursuant to 40 C.F.R. §260.10 must comply with provisions applicable to incinerators referenced in this Chapter, 06-096 C.M.R. ch. 854, 06-096 C.M.R. ch. 855 or federal regulations, and references to 40 C.F.R. §270.66 or 40 C.F.R. Part 266 shall mean 40 C.F.R. §270.62 or 40 C.F.R. Part 264.

(4) Submit information on the potential for the public to be exposed to hazardous waste or hazardous constituents through discharges related to the facility. At a minimum such information must be prepared by an individual or individuals acceptable to the Department as qualified to assess potential exposure and effects of such exposure and must address:

(a) Reasonably foreseeable potential releases from both normal operations and accidents at the facility, including discharges associated with transportation to and from the facility;

(d) The potential magnitude and nature of the human exposure resulting from such discharges including evidence as to the risks or health effects associated with such discharges or exposure.

E. Application for License to Store or Treat Hazardous Waste in Tanks: Additional Requirements. In addition to the information required for all applications, the applicant for a license to store or treat hazardous waste in tanks shall include in the application the information required by 40 C.F.R. §§270.16(a) -(k) and 270.27, except that references to sections in 40 C.F.R. Part 264 shall mean 06-096 C.M.R. ch. 854 and 40 C.F.R. §270.16(h) shall be deleted. An applicant for a license to treat hazardous waste in tanks must also include in the application:

(1) Design standards used or to be used in design and construction of the tank(s);

(2) Design specifications for tanks(s), including specification of construction materials and lining materials, including relevant characteristics such as corrosion or erosion resistance;

(3) Tank dimensions, capacity and shell thickness;

(4) A diagram of piping, instrumentation and process flow;

(5) A description of feed systems, safety cutoff, bypass systems and pressure controls such as vents;

(6) A description of procedures for handling incompatible, ignitable or reactive wastes; and

(7) Information on how the owner or operator intends to comply with the remaining applicable design, construction, and operating requirements of 06-096 C.M.R. ch. 854.

F. Application for License for Waste Pile: Additional Requirements. In addition to the information required for all applications, the applicant for a license for a facility that stores hazardous waste in a waste pile shall comply with the requirements of 40 C.F.R. §270.18(a) -(i), provided, however, that an exemption as set forth in 40 C.F.R. §§264.250(c), 264.251(a) for an existing portion of a waste pile, 264.251(b), or 264.90(b)(5) shall not apply, references to other sections of 40 C.F.R. Part 264 shall mean 06-096 C.M.R. ch. 854, references to other sections of 40 C.F.R. Part 270 shall mean this Chapter, and the treatment of hazardous waste in a waste pile is prohibited.

G. Application for License for Land Treatment: Additional Requirements. In addition to the information required for all applications, the applicant for a license for a facility that uses land treatment to treat or dispose of hazardous waste shall:

(1) Comply with the requirements of 40 C.F.R. §§270.20(a) -(i) and 270.63, provided, however, that references to other sections of 40 C.F.R. Part 270 or Part 124 shall mean this Chapter, and references to sections or subparts of 40 C.F.R. Part 264 shall mean 06-096 C.M.R. ch. 854; and

(2) Submit information on the potential for the public to be exposed to hazardous waste or hazardous constituents through discharges related to the facility. At a minimum such information must be prepared by an individual or individuals qualified to assess potential exposure and effects of such exposure and must address:

(a) Reasonably foreseeable potential releases from both normal operations and accidents at the facility, including discharges associated with transportation to and from the facility;

(d) The potential magnitude and nature of the human exposure resulting from such discharges including evidence as to the risks or health effects associated with such discharges or exposure.

H. Application for License for Storage Facility Utilizing Containers: Additional Requirements. In addition to the information required for all applications, the applicant for a license for a facility that stores hazardous waste in containers shall comply with the requirements of 40 C.F.R. §§270.15(a) -(e) and 270.27, except that references to sections of 40 C.F.R. Part 264 shall mean 06-096 C.M.R. ch. 854.

I. Application for License for Commercial Facilities: Additional Requirements. In addition to the information required for all applications, the applicant for a license for a commercial facility that stores or treats hazardous waste may be required to furnish a risk assessment. The risk assessment must consist of information on the potential for the public to be exposed to hazardous waste or hazardous constituents through discharges related to the facility. At a minimum such information must be prepared by an individual or individuals qualified to assess potential exposure and effects of such exposure and must address:

(1) Reasonably foreseeable potential releases from both normal operations and accidents at the facility, including discharges associated with transportation to and from the facility;

(2) The potential pathways, of human exposure, including ground or surface water contamination, air emissions, and food chain contamination, to hazardous wastes or constituents resulting from the discharges described under (a) above;

(3) The size and potential susceptibility of the community, within the likely pathways of exposure, a comparison of expected human exposure levels of the short-term and long-term health effects associated with identified contaminants and any available recommended exposure or tolerance limits for such contaminants; and

(4) The potential magnitude and nature of the human exposure resulting from such discharges, including evidence as to the risks or health effects associated with such discharges or exposure.

J. Application for License for Miscellaneous Units: Additional Requirements. In addition to the information required for all applications, the applicant for a license for a miscellaneous unit shall provide the following information:

(1) A detailed description of the unit being used or proposed for use, including the following:

(a) Physical characteristics, materials of construction, and dimensions of the unit;

(b) Detailed plans and engineering reports describing how the unit will be located, designed, constructed, operated, maintained, monitored, inspected, and closed to comply with the requirements of 06-096 C.M.R. ch. 854, §§ 16(A) -(C) and 16(E); and

(c) For disposal units, a detailed description of the plans to comply with the post-closure requirements of 06-096 C.M.R. ch. 854, § 16(D).

(2) The information required under 40 C.F.R. §270.23(b) -(e), provided, however, that the references to 40 C.F.R. §264.601 shall mean 06-096 C.M.R. ch. 854, §§ 16(A) and (B).

K. Additional Requirements for Post-Closure Care Only Licenses. In addition to the information required for all applications required under Section 10(A) of this Chapter, the applicant for a post-closure care only license shall provide, at a minimum, the following information:

(1) A copy of the post-closure inspection schedule required by 06-096 C.M.R. ch. 854, § 6(C)(5) and Section 10(B)(3) of this Chapter;

(2) Flood plain information as specified in 40 C.F.R. §270.14(b)(11) (iii)-(iv);

(3) A copy of the post-closure plan as specified in Section 10(B)(14) of this Chapter and the notice required by Section 10(B)(13) of this Chapter;

(4) The most recent post-closure cost estimate and associated financial assurances in accordance with 40 C.F.R. §270.14(b)(16) and 06-096 C.M.R. ch. 854, § 6(C)(17);

(5) Ground water information requirements in accordance with Section 10(B)(16) of this Chapter;

(6) The information on solid waste management units specified in Section 10(B)(17) of this Chapter;

(7) Evidence of financial assurances for corrective action, where applicable; and

(8) In the case of landfills or surface impoundments, the exposure information required by Section 10(C)(13) of this Chapter.

The Department may require the submission of additional information on a case-by-case basis depending upon the nature of the facility, whether and to what extent hazardous waste may be handled during the post-closure care period, and other factors.

L. Application for License for Drip Pads: Additional Requirements. In addition to the information required for all applications, owners and operators of a "drip pad" (as defined in 40 C.F.R. §260.10) subject to the drip pad requirements of 06-096 C.M.R. ch. 854, § 15 shall provide the information required in 40 C.F.R. §270.26, except that references to 40 C.F.R. Part 264 or sections thereof shall mean the applicable provisions of 06-096 C.M.R. ch. 854, and references to 40 C.F.R. §270.14(b)(13) shall mean Section 10(B) of this Chapter.

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Code of Maine Rules06 - DEPARTMENT OF ENVIRONMENTAL PROTECTION096 - DEPARTMENT OF ENVIRONMENTAL PROTECTION - GENERALChapter 856 - LICENSING OF HAZARDOUS WASTE FACILITIESSection 096-856-10 - Application Requirements

Code of Maine Rules
06 - DEPARTMENT OF ENVIRONMENTAL PROTECTION
096 - DEPARTMENT OF ENVIRONMENTAL PROTECTION - GENERAL
Chapter 856 - LICENSING OF HAZARDOUS WASTE FACILITIES
Section 096-856-10 - Application Requirements