06- 096 C.M.R. ch. 409, § 3

Current through 2024-44, October 30, 2024

Section 096-409-3 - Application Requirements

Any person seeking to establish a solid waste processing facility under sections 2-4 must provide information sufficient to meet the standards and submissions requirements of Chapter 400. The applicant must submit to the Department, on forms developed by the Department, the following information:

A.General Information

(1) Description: A brief description of the proposed processing facility.

(2) Topographic Map. The most recent full size U.S. Geological Survey topographic map (7 1/2 minute series, if available) of the area, showing the location of the proposed facility, the property boundary, and, if handling putrescible materials, airports within 10,000 feet of the site. The map must include all surrounding areas within one mile of the proposed site.

(3) Aquifer Map. A copy of the most recent Maine Geological Survey Significant Aquifer Map or Sand and Gravel Aquifer map with the facility site and waste handling area clearly delineated.

(4) Tax Map: A copy of the local tax map(s) marked with the facility site and the names and addresses of abutters on the appropriate lots. For processing facilities proposing outdoor processing or storage, the map must indicate all residences within 1,000 feet of the waste handling area.

(5) Flood Plain Map. The most recent Federal Emergency Management Agency flood insurance rate maps of the 100-year frequency floodplain, with the location of the facility marked, when the site is within 1/4 mile of a 100 year floodplain.

B.Site Design Characteristics. An engineering design must be submitted as part of an application. The sophistication of engineering design required to develop a site for a processing facility varies according to the physical characteristics of the site, the size and complexity of the facility, and the nature of the wastes to be processed. The following components must be included in the engineering design:

(1) Site Plan. A detailed plan of the area within 1,000 feet of the waste handling area for tire processing facilities or 500 feet of the waste handling area for all other processing facilities, with a scale of 1 inch = 100 feet or a larger engineering scale, clearly showing, if applicable: all structures; protected natural resources; roads; property boundaries; receiving, processing, curing and storage areas; residences; erosion and sedimentation control features; odor control structures; water supply wells and springs; water quality monitoring points; and barriers or fencing and gates to prevent unauthorized persons access to the site. For facilities involving outdoor handling of putrescible wastes in an uncovered or exposed condition, this plan must also note the direction and distance of airports within 10,000 feet of the waste and waste handling area.

(2) Plan Views of the Structures and Utilities. A large scale construction plan view drawing, with a minimum engineering scale of 1 inch = 40 feet, clearly showing any building(s) with foundations; processing unit(s); utilities; leachate, storm water, and erosion and sedimentation control details; and, if applicable, odor control systems.

(3) Demonstration for Size of Storage Areas at Tire Processing Facilities: A description, including sizes, of the proposed storage areas for both incoming and processed tires, and a demonstration that the areas proposed for storage are no greater than the minimum size needed for viable operation of the facility. The demonstration must include information on the volume of tires to be delivered to the facility and a management plan identifying markets and a schedule for removal of the processed tires. The storage areas must also meet the requirements of sections 2.B(2) and 2.B(7).

(4) Financial Surety for Tire Processing Facilities: Tire processing facilities must provide evidence of financial surety in the form of escrow accounts or other sureties that ensure the availability of adequate funds for clean-up operations or final closure of the tire processing facility.

(5) Contracts for Processed Tires: A copy of signed contracts or letters of intent to accept all processed tires. Documents must indicate the maximum quantity of processed tires that will be accepted.

C. Process Design Characteristics. A general description of the facility's waste processing system must be submitted. The complexity and degree of detail of the description will vary depending on the magnitude and complexity of the process. This must include, if applicable, process flow diagram(s), the source, volume, and characteristics of wastes to be received, the products and wastes to be generated; the methods to be utilized to mix, process and store wastes and products; the processing equipment to be used on site; provisions for characterization, including analytical information demonstrating that the incoming wastes meet the classification proposed to be handled at the facility; an identification of applicable standards for the product that the facility will produce, including, when applicable, an identification of secondary material standards from Chapter 418, and/or residual standards from Chapter 419, or other applicable standards from these rules, and a description of how these standards will be met.

D.Residual and Secondary Material Distribution Plan. Where residuals are proposed for agronomic utilization, the applicant must also submit the application information required for licensing a utilization program under Chapter 419. Where secondary materials secondary material are proposed for other beneficial uses, the applicant must also submit the application information required for licensing under Chapter 418. The applicant must describe the disposition of other materials generated at the facility that are not covered under a beneficial use or agronomic utilization program. The Department may require financial assurance in the form of a letter of credit, escrow account, or other approved financial security to finance the cost of potential remediation or disposal of waste, residuals, or secondary materials.

E.Operations Manual. The applicant must submit an operations manual, containing the information required in section 4.

F.Environmental Monitoring Plan. The applicant must submit an environmental monitoring plan when required by the Department pursuant to section 2.B(3), including a waste characterization analytical work plan, if required by the Department.

G.Odor Control

(1) For facilities other than those that process wastewater treatment sludge from publicly owned treatment works and facilities that process septage: Based upon the location, design, and operational procedures of the proposed facility, the applicant must demonstrate that the facility will not cause an odor nuisance. This demonstration may be done by one or more of the following:

(a) A demonstration that the materials handled at the facility do not generate objectionable odors;

(b) Comparative studies with similar existing facilities taking into account similarities and differences in materials handled, facility design, throughput, proximity to neighbors, meteorological conditions and topography; or

(c) Odor dispersion modeling studies demonstrating that the facility will not cause more than a one hour average odor impact of 2 dilutions to threshold (2D/T), in any calendar year at any occupied buildings.

NOTE: D/T is defined by ASTM Method 679-91, "Standard Practice for Determination of Odor and Taste Thresholds By a Forced-Choice Ascending Concentration Series Method of Limits". The applicant may wish to demonstrate that it will meet this standard at the processing facility's property boundary, to ensure that nuisance odors at occupied buildings will not occur if the areas near the facility are subsequently developed.

(2) For facilities that process wastewater treatment sludge from publicly owned treatment works and facilities that process septage: An odor management plan must be submitted that includes provisions for the prevention and control of nuisance odor during routine operations and construction activities based upon the location, design, and operational procedures of the proposed facility. The odor management plan must include the following information:

(a) An evaluation of potential process odor and potential off-site influences;

(b) Proposed methods to prevent nuisance odor which may include systems for the enclosure of nuisance odor-producing materials and processes;

(c) Proposed methods to control, reduce or eliminate nuisance odor; and proposed uses of technology and an evaluation of the effectiveness of the technology to control, reduce or eliminate nuisance odor;

(d) Provisions to monitor and formally document facility nuisance odor if identified at the property boundary;

(e) A procedure to formally record and respond to odor complaints in a timely manner;

(f) Odor response procedures that include response actions to be implemented after the occurrence of an odor event or the determination of nuisance odor is made. The procedures must outline the responsibilities of facility personnel, notification provisions to the Department and the community, and include potential actions that may be taken along with associated timeframes for implementation;

(g) Provisions to maintain and store back-up equipment or obtain replacement equipment in a timely manner during shutdown and malfunction events that is critical to the function of the odor control system; and

(h) Provisions to record odor related information including monitoring data, including any exceedances.

NOTE: The scope and detail required in this plan will be determined by facility-specific conditions including the complexity of the facility and waste type(s). Existing plans may be used to demonstrate compliance provided that they meet, or are modified to meet, the requirements of this section.

H.Subsurface Investigation. A subsurface investigation must be conducted whenever the proposed processing facility includes the use of in-situ soils as any part of a soil base pad for handling solid wastes, includes structures requiring foundations, or includes subsurface wastewater holding or disposal systems. The data must consist of soil test data in the proposed handling areas from a certified professional describing and evaluating the surficial geology and/or the subsurface soils. This information must demonstrate that the facility design is compatible with the site's soil characteristics, as determined by applicable engineering standards of practice.

06- 096 C.M.R. ch. 409, § 3