06- 096 C.M.R. ch. 402, § 4

Current through 2024-44, October 30, 2024
Section 096-402-4 - Operating Requirements for All Transfer Stations and Storage Sites, and Storage of Solid Waste at Solid Waste Facilities Licensed Under Other Chapters

All new and existing transfer stations or storage sites, and storage areas at solid waste facilities licensed under these rules, shall comply with the operating requirements of this section, unless the storage area is regulated under 06-096 CMR ch. 409, 418, 419, or sections 6 or 7, which contain separate operating requirements.

Each transfer station or storage site must be operated so that it does not contaminate ground or surface water.

A.Operations manual
(1) An applicant shall prepare and maintain an operations manual of current policies and procedures. The operations manual must address all of the operating requirements in this section and is subject to review and approval by the Department. The manual must be included as part of the application. For storage areas at solid waste facilities licensed under other chapters of these rules, the requirements of this section must be incorporated into the facility's operations manual.
(2) The operations manual must include the information that would enable supervisory and operating personnel, and persons evaluating the operation of the facility, to determine the sequence of operation, policies and procedures, monitoring, maintenance, inspection and legal requirements that must be followed for safe, orderly and environmentally sound operation on a daily and yearly basis.
(3) The operator shall take whatever measures are necessary to familiarize all personnel responsible for operation of the facility with relevant sections of the operations manual.
(4) A hazardous and special waste handling and exclusion plan shall be developed and implemented in accordance with the requirements of 06-096 CMR ch. 400, section 9.

Additionally, a facility that provides wood for the production of biomass fuel, compost or mulch, must describe in the plan how the facility will inspect, separate from wood for beneficial use and handle wood treated with arsenic or pentachlorophenol from its arrival at the facility to its delivery to a disposal facility.

NOTE: A facility that does not separate wood for the production of biomass fuel, compost or mulch and disposes of all waste wood, is not required to modify its hazardous and special waste handling and exclusion plan.

A template for a hazardous and special waste handling and exclusion plan is attached as Appendix A to 06-096 CMR ch. 400.

(5) A current copy of the operations manual must be available for inspection at the transfer station or storage site at all times.
B.Operational Records. The operator shall maintain a record of operational information, which may include the type and quantity of waste received, the equipment used and personnel training provided, and any deviations from the approved operating plan.
C.Stored Wastes
(1) Storage of putrescible waste must be in a covered structure or in covered leakproof containers.
(2) The approved schedules for removal and/or disposal of all stored wastes must be complied with and included in the operations manual.
(3) A contract for the removal and/or disposal of putrescible waste must be included in the operations manual. Removal of waste must occur frequently enough to prevent nuisance problems at the transfer station or storage site, or during transport of the waste.
(4) Ash from the burning of wood waste and/or wood from construction or demolition debris must not be allowed to accumulate to a depth greater than 6 inches. The operations manual must provide for appropriate disposal or utilization of ash in accordance with section 4(I). If the ashes are removed from the burn area and stored at the transfer station or storage site prior to their removal for disposal or utilization, they must be stored in covered, leakproof containers after they have reached a safe handling temperature.
(5) A burn area for wood waste and/or wood from construction or demolition debris must be operated in accordance with section 4(I). No treated wood may be placed in this area.
(6) Unless otherwise approved by the Department, separate storage areas must be provided for each different waste stream.
(7) Unless otherwise approved by the Department, uncovered individual storage areas for white goods, tires and construction and demolition debris must be no greater than 2,500 square feet in size. Any tire storage area larger than 625 square feet must be separated by a fire break consisting of a 25 foot mineral strip. All grasses, weeds, slash, brush, debris, and other combustible material must be removed from this fire break.
(8) Unless otherwise approved by the Department, uncovered storage areas for wood wastes and/or wood from construction or demolition debris must be no greater than 1 acre in size.
(9) There must be a minimum of 2 feet separation between outside, unpaved storage areas for wastes, and the seasonal water table and bedrock, unless the in-situ soils are sand and gravel. If the in-situ soils are sand and gravel, 2 feet of till soils containing between 15 and 35% fines must be placed in the storage areas over the sand and gravel prior to the storage of wastes.
D.Supervision of Operation
(1) The operation of the solid waste facility must be under the overall supervision and direction of a person qualified and experienced in matters of solid waste management.
(2) An attendant shall be on duty at the solid waste facility during all times the transfer station or storage site is available for use.
E.Access Control
(1) The owner/operator shall provide suitable barriers or fencing and gates to limit unauthorized persons access to the facility site. The gate may be open only when an attendant or equipment operator is on duty and capable of overseeing users of the solid waste facility. The gate must be closed and locked at all other times.
(2) The owner/operator shall provide and maintain in good repair access roads at the facility site.
(3) The owner/operator shall prominently post the hours of operation and other limitations and conditions of access at each entrance to the solid waste facility.
F.Acceptable/Unacceptable Wastes. Only those wastes specifically permitted by the Department may be accepted at a solid waste facility.
(1) Special wastes not specifically permitted by the Department must not be accepted at a solid waste facility.
(2) Hazardous waste, or waste not easily identified by the operator as non-hazardous, must not be accepted at a solid waste facility.
G.Unloading of Waste
(1) The owner/operator shall provide for the posting of appropriate signs or other means to indicate clearly where the different waste streams are to be unloaded, and where the separate recycling and storage areas within the solid waste facility are located.
(2) There must be sufficient unloading areas to meet demands at peak periods.
(3) Wood treated with arsenic or pentachlorophenol may not be used in the production of biomass fuel, compost or mulch by the facility. All such treated wood must be stored separately from wood to be used as biomass fuel or mulch and disposed in a facility approved for the waste.
H. Equipment. Equipment must be sufficient to meet the operating requirements.
(1) The owner/operator shall provide for the routine maintenance of equipment.
(2) Back-up equipment, or plans to by-pass the solid waste facility in case of breakdown, must be provided.
(3) Transfer and storage trailers hauling solid waste must be constructed and operated so as to not allow the discharge of liquid, the blowing of dust or the escape of solid waste that is being delivered to or removed from the solid waste facility.
I.Open Burning of Brush and Wood from Construction or Demolition Debris. The infrequent open burning of brush, land clearing debris, wood waste, and wood from construction and demolition debris is permitted provided all conditions listed below are met:
(1) Solid waste facility personnel or the local fire department must be present from the time a burn begins until the fire is completely extinguished.
(2) The wind speed and atmospheric stagnating conditions must not create any nuisance conditions.
(3) The burning must comply with all applicable local and state regulations governing fires and the burning of materials.

NOTE: Open burning is also regulated by 06-096 CMR ch. 102 of the Department's air quality rules.

(4) The burn pile may not contain the following: treated wood, construction or demolition debris other than unpainted or painted wood, asphalt products, tires, white goods, brown goods, paper or cardboard, or refuse.
(5) Burning may take place on a 2 foot thick soil base pad that is no larger than 625 square feet (unless a larger area has been approved by the Department), on a reinforced concrete pad, or in a reinforced and tile-lined curtain wall combuster, provided the burn area is designed, constructed and operated to prevent the long-term contact of the material and the ash from the burn area with the soils on the site.
(6) The burn pad must be surrounded by a fire break consisting of a strip at least 25 feet wide cleared to mineral soil, then a 25 foot wide grass strip. This firebreak must be maintained, including an annual mowing of the grass strip, until the burn pad is no longer in use.
(7) Tires, waste oil, or similar wastes may not be used to start or maintain a burn.
(8) Ashes must not be allowed to accumulate to a depth greater than 6 inches. Burn pile ash must be transported to a facility licensed to accept it for disposal or utilization, and be characterized in accordance with the applicable requirements of 06-096 CMR ch. 405, 418, or 419. Following characterization, the owner/operator will arrange for the ash to be disposed or utilized in accordance with the provisions of these rules.

NOTE: The Department has determined, based on analyses of burn pile ash, that the burning of painted wood renders the ash unsuitable for agronomic utilization and may result in ash that is a hazardous waste. Facility owners should limit the amount of painted wood in burn piles to avoid the costs of disposal of a hazardous waste.

J.Cleaning and Maintenance of Wood Waste Storage Areas. At solid waste facilities with a licensed, uncovered wood waste, and/or wood from construction or demolition debris, storage area greater than 1 acre in size, the storage area must be cleaned on an annual basis through the turnover of any wood waste in the storage area, and the removal and appropriate disposal or utilization of old pulp, wood, incidental bark and other woody material.
K.Control of Litter. The owner/operator shall provide for the routine maintenance and general cleanliness of the entire solid waste facility, as well as litter removal along the roads approaching the solid waste facility.
L.Dust and Odor Control. The owner/operator shall undertake suitable measures to control dust and odors. The use of oil and the excessive use of water are prohibited for the purpose of controlling dust. A facility must be operated in accordance with the odor control provisions approved for the facility.
M.Leachate Control. The owner/operator shall undertake suitable measures to control leachate. The approved leachate containment, collection and, if applicable, treatment measures must be complied with and included in the operations manual. Provisions shall be made for the washdown, dry cleanup, or other cleanup of the transfer station or storage site. Sanitary disposal of any wastewater, leachate and washdown waters must be in accordance with 38 M.R.S.A. §413. Washdown waters and leachate must not be disposed of on-site without the Department's approval, but must be retained in a holding tank or similar structure.
N.Disease. The on-site population of disease vectors must be minimized to protect public health. The Department may require a routine program for the control and elimination of insects and rodents at the transfer station or storage site. An applicant shall implement supplemental vector control measures, including but not limited to the use of effective insecticides and rodenticides, when necessary.
O.Fire Protection. The operator shall prevent and control fires at the solid waste facility by complying with at least the following:
(1) Arrange for a nearby fire department to provide emergency service whenever called.
(2) Provide for sufficient on-site equipment, such as detachable fire extinguishers, maintained in working order, for minor fires.
(3) Provide a separate area for the placement of hot loads. Hot loads must be extinguished immediately upon being unloaded, or spread in a thin layer in order to cool. The operator shall provide for the immediate removal and placement of the hot load in an approved container as soon as it is cooled, or directly into a landfill approved for the disposal of this waste.
P.Waste Oil Collection. Waste oil collected at a solid waste facility must be stored in aboveground tanks that are secured to prevent the tanks from tipping over. Tanks must be protected from vehicular traffic by bollards or similar devices. Tanks must be constructed of steel or other non-porous material. They may not be located where any leaks could drain into sewers, floor drains, or storm water catch basins, and:
(1) If a tank is located outdoors, the tank must be watertight; either double-walled or have a secondary impervious containment system that has the capacity to hold a minimum of 110% of the contents of the tank. The tank and the secondary containment system must either be covered with a roof or provisions made for removing liquids which accumulate in the containment system.
(2) If a tank is located inside a building, it must have rigid piping, a funnel that is rigidly attached, and either be double-walled or have an alternate means of secondary containment that has the capacity to hold a minimum of 50% of the contents of the tank.
(3) Tanks must be located such that they can be readily inspected for evidence of leaks.
(4) Tanks must be maintained in good condition with no severe rusting, no apparent structural defects or deterioration, and no visible leaks.
(5) Tanks must be clearly labeled or marked with the words "Used Oil".
(6) Tanks must be installed in accordance with applicable state and local ordinances.
(7) Tanks must be kept locked at all times except when used oil is being added or removed.
(8) The operator shall supervise the addition of any used oil to the tank, and shall inspect by sight or scent any oil added to the tank.
(9) Waste oil must be removed from the transfer station or storage site by a waste oil transporter licensed by the Department.
(10) The owner/operator shall notify the State Department of Public Safety within 2 hours of the detection of a leak from a used oil tank, and immediate action shall be taken to contain and remove the discharged or spilled oil.
(11) If any waste oil stored at the transfer station or storage site is determined to be a hazardous waste, the operator shall notify the Department's Response Services Division within 24 hours of that determination.

NOTE: 38 M.R.S.A. §§ 1319-G and 1319-Y contains provisions for the registration of used oil collection centers and the right to reimbursement for costs incurred in the removal and abatement of up to 660 gallons of waste oil that is determined to be hazardous waste from registered collection centers.

Q.Collection of Household Hazardous Waste
(1) One-day or two-day household hazardous waste ("HHW") collection events may be held provided that all of the following conditions are met:
(a) The collection events are for the receipt of only HHW. The HHW should be contained within the material's original, labeled container when possible. These wastes may be household insecticides, pesticides, and herbicides; paints, varnishes, lacquers, and other surface coatings; waste solvents; waste fuels; and cleaners. Mixtures of wastes will not be accepted.
(b) Each HHW collection event is not more than 48 hours in duration, and all wastes and containers are removed at the end of the collection event.
(c) Each collection event is conducted by a company qualified to collect, sort and store hazardous wastes and licensed to transport hazardous wastes under the Department's Hazardous Waste Management Regulations, 06-096 CMR ch. 850-858.
(d) The collection and storage of HHW at the approved location must be upon a base which is a firm impervious surface and which is kept entire.
(e) Materials and personnel must be on hand to immediately contain, absorb, containerize, and cleanup all spills of HHW before the waste leaves the impervious asphalt or concrete surface or comes in physical contact with any unauthorized persons.
(f) The HHW is managed to prevent or minimize risk to the environment.
(g) The solid waste owner/operator notifies the Division of Solid Waste at least one week prior to each HHW collection event.
(2) An ongoing collection program for HHW may be proposed for the Department's review and approval. The program must include the following:
(a) Only HHW may be collected. The HHW should be contained within the material's original, labeled container when possible. These wastes may be household insecticides, pesticides, and herbicides; paints, varnishes, lacquers, and other surface coatings; waste solvents; waste fuels; and cleaners. Mixtures of wastes will not be accepted.
(b) The collection and storage of HHW at the approved location must be upon a base which is a firm impervious surface and which is kept entire.
(c) Materials and personnel must be on hand to immediately contain, absorb, containerize, and cleanup all spills of HHW before the waste leaves the impervious asphalt or concrete surface or comes in physical contact with any unauthorized persons.
(d) The HHW must be managed to prevent or minimize risk to the environment.
(e) The HHW must be transported from the transfer station or storage site to a facility licensed to accept it, by a transporter licensed for this type of activity.
(f) The proposal must include provisions for the initial and ongoing training of personnel who will be working in the area(s) where HHW is collected or stored.
R.Monitoring Program. Where there are potential threats to public health or safety or the environment because of the nature of the wastes stored at a solid waste facility and/or the location, design and operation of the facility, the Department may require a monitoring program for ground water, surface water or waste characteristics on a case-by-case basis. In such cases, the monitoring program must be designed and implemented in accordance with the applicable provisions of 06-096 CMR ch. 405.
S.Notification of Closure. The Department shall be notified in writing a minimum of 90 days prior to the proposed date of cessation of use of a solid waste transfer station or storage site. Notification shall include the following:
(1)Closure Performance Standard. A plan outlining the proposed closing operation. The transfer station or storage site must be closed in a manner that minimizes the need for further maintenance; and so that the closed facility will not pollute any waters of the state, contaminate the ambient air, constitute a hazard to health or welfare, or create a nuisance. At a minimum, the owner/operator must remove all solid wastes from the transfer station or storage site, and broom clean the facility structures and equipment.
(2)Alternative Arrangements. A license for an alternative storage or disposal facility, or contracts for disposal of wastes, at another facility, to demonstrate that provisions have been made for the legal disposal of the solid waste historically handled at this transfer station or storage site.
T.Handling of Universal Wastes. The operator may handle universal wastes from universal waste generators in accordance with the central accumulation facility provisions of06-096 CMR ch. 858, the Maine Hazardous Waste Management Rules.

NOTE: See Appendix C to this chapter for further explanation regarding universal waste.

06- 096 C.M.R. ch. 402, § 4