06- 096 C.M.R. ch. 420, § 14

Current through 2024-44, October 30, 2024

Section 096-420-14 - Application Requirements for Septage Storage Facilities

The information in this subsection must be submitted to the Department as part of a completed application for approval of a septage storage facility. Additional information may required by the Department to evaluate the application.

A.Notice of Intent to File. In addition to the requirements set forth in Department Regulations, Chapter 2, Section 9, the following information regarding the Notice of Intent to File ("notice") must be submitted:

(1) A copy of the notice which was published in the newspaper and distributed to abutting landowners.

(2) Copies of certified mail receipts for notices sent to abutting landowners.

(3) The name(s) of the newspaper(s) in which the notice was published, and the date(s) of publication.

B.Title, Right or Interest. To verify the applicant's authority to use a site for septage storage the following must be submitted:

(1) The name and address of applicant;

(2) The name(s) and address(es) of the site property owner(s);

(3) A copy of the property owner(s) deed(s) to the site;

(4) The site location identified by street and town location; and

(5) If the applicant is other than the property owner(s), a lease agreement or contract between the applicant and the property owner(s) must be submitted. The agreement must contain the following information:

(a) The map and lot number from municipal tax or assessors maps;

(b) Authorization from property owner(s) for the applicant to use the site for septage storage;

(c) Certification by the property owner(s) that the property owner(s) has read and understands the facility closure requirements and will allow the site to be closed in accordance with this Chapter when permanent closure is required by the Department.

(d) The signature of the property owner(s);

(e) The signature of the applicant; and

(f) Duration of agreement (initiation and termination dates).

C.Project Cost and Financial Capacity. To verify the applicant's financial capacity to develop the septage storage facility the following must be submitted:

(1) Accurate and complete costs estimates for all aspects of the project;

(2) A time schedule for completing each phase of the project; and

(3) Copies of bank statements or other evidence that funds are available to fully complete and operate the facility or a binding letter from a financial institution, government agency, or other sufficient funding source stating a commitment to provide a specified amount of funds and particular use of the funds.

D.Technical Ability. The applicant must demonstrate that it has the technical ability to comply with all rules governing the proposed activity and the operations manual developed for the facility. The applicant must furnish a listing of all Notices of Violation issued by the Department to the applicant and/or site operator, and any Administrative Consent Agreements entered into with the Board. Past compliance, or non-compliance, with Department-issued licenses, will be considered in determining technical ability.

E.Endangered Species. For facilities which are not located on an existing, active, agricultural site, a determination must be made as to whether the proposed facility is within the critical or essential habitat of a threatened or endangered species. Suggested operational and management alternatives to mitigate adverse effects to the threatened or endangered species, or the species' critical or essential habitat must be proposed.

F.Topographic Map. A clear copy of the most recent full size U.S. Geological Survey topographic map must be submitted which includes the proposed facility, with boundaries delineated for:

(1) The specific area proposed for storage; and

(2) The total parcel of land as described in the property deed.

G.Tax Maps. Clear copy(ies) of the appropriate town tax map(s) must be submitted showing:

(1) The boundaries of the total parcel of land on which the proposed storage facility is to be located; and

(2) The names, on the appropriate lots, of owners of property which abuts the parcel of land upon which the proposed septage storage facility is to be located.

H.Abutters. A list of all owners of property which abut the parcel of land upon which the proposed facility is located must be submitted.

I.Site Maps. Maps of the proposed storage facility must be submitted as part of the application. The maps must be at a scale of one inch equals a maximum of 100 feet. The maps must include the area within 300 feet of the boundaries of the proposed facility.

(1) Storage Facility. For the proposed septage storage facility the maps must include:

(a) Map of the septage storage facility with soil types at the storage facility location identified by a Maine Certified Soil Scientist.

(b) Direction and percent slope at each test pit or boring;

(c) Perennial waters, intermittent streams, drainage ditches, waterways;

(d) Drainage depressions;

(e) Roads;

(f) Property lines; and

(g) Restrictive fences and gates, if necessary;

(2) Area Beyond Facility Boundary. For the area within 300 feet of the facility boundary the maps must include:

(a) Critical or essential habitat of a threatened or endangered species;

(b) Surface waters;

(c) Roads;

(d) Houses and other structures;

(e) Public and private wells; and

(f) Property lines

J.Design and Construction/Installation. For concrete structures to be poured in place, the construction information must be developed by a Maine Registered Professional Engineer. For pre-fabricated storage facilities, all information developed by the manufacturer relating to the storage facility must be provided. The following design and construction information must be submitted:

(1) Type of materials to be used for facility construction;

(2) If the storage facility consists of tanks previously used for petroleum storage, a statement signed by a certified inspector must be submitted which certifies that the tank has been properly cleaned of all fuel residues and is suitable for septage storage;

(3) A description of tank coating or other requirements necessary to prevent corrosion;

(4) Volume of storage facility;

(5) Area for discharging septage into storage facility;

(6) System for leak detection;

(7) System for containing spills from vehicles discharging to facility, for containing leaks if facility ruptures or fails, and for leachate collection;

(8) Access control;

(9) System for screening septage;

(10) Alkaline stabilization system;

(11) Erosion and sediment control plan;

(12) Filling;

(13) Grading; and

(14) Seeding.

K.Traffic. Traffic information for the facility must include the following:

(1) An estimate of the number of vehicles to enter and exit the facility each operating day;

(2) An estimate of the average hourly vehicle flow to and from the facility;

(3) An evaluation of the adequacy of sight distances from the site entrance and exit, or a copy of an issued site entrance permit or application for a site entrance permit, pursuant to the requirements of subsection 4(F).

L.Sand and Gravel Aquifer. A clear copy of the most recent sand and gravel aquifer map with the proposed storage facility clearly delineated must be submitted.

M. Floodplains. If the proposed septage storage facility is within 300 feet of a 100 year flood zone, the most recent Federal Emergency Management Agency (FEMA) flood zone map must be submitted with the proposed storage facility clearly delineated.

N. Operating Plan. An operating plan which details the following:

(1) Operator(s) name(s);

(2) Name, address and phone number for individual to contact for entry to the facility;

(3) Hours of operation;

(4) Names of individuals and companies which will use the facility;

(5) Location of licensed solid waste facility for screenings disposal;

(6) Instructions for facility use (discharging, volume measuring, spill clean-up, record keeping, and security);

(7) Septage screening equipment and screening procedures, if applicable;

(8) Septage lime-stabilization equipment and procedures, if applicable; and

(9) Methods to be used for dust control on-site.

All storage sites must be operated in conformance with a Department-approved operating plan. The operating plan must include all information that would enable supervisory personnel, operating personnel, and persons evaluating the operation of the facility, to determine what sequence of operation, plans, diagrams, policies, procedures and legal requirements must be followed for orderly and successful operation on a daily and yearly basis. This plan must be updated as necessary to address operational changes.

06- 096 C.M.R. ch. 420, § 14