06- 096 C.M.R. ch. 420, § 2

Current through 2024-44, October 30, 2024

Section 096-420-2 - Applicability

A.License Requirements for Septage Facilities

(1) Septage Land Application. It is unlawful for any person to land apply septage unless that person:

(a) has a valid Septage Land Application License issued by the Department pursuant to 38 M.R.S.A. §1301, et seq. and this Chapter; or

(b) is exempt from licensing pursuant to 38 M.R.S.A. §1306(2).

(2) Septage Storage. It is unlawful for any person to store septage without a Septage Storage Facility License issued by the Department pursuant to 38 M.R.S.A. §1301, et seq. and this Chapter.

B. Municipal Septage Management Compliance. A municipality that uses an existing licensed septage land application site, septage processing facility, wastewater treatment facility, or septage transporter to fulfill its obligations under 38 M.R.S.A. §1305(6) must obtain a Municipal Septage Management Compliance Permit issued by the Department pursuant to 38 M.R.S.A. §1302, et seq. and this Chapter.

C.Operating, Record-Keeping and Reporting Requirements for Septage Facilities. All existing septage facilities, including septage facilities licensed under rules in effect prior to the effective date of this Chapter, must come into compliance with the operating, record-keeping and reporting requirements of this Chapter within ninety (90) days of the effective date of this Chapter.

D.Exemptions. The following facilities and activities are exempt from regulation under this Chapter:

(1) Septic Systems. Septic systems approved for use by the Maine Department of Human Services, Department of Health Engineering, under 10-144 CMR Chapter 241, Subsurface Waste Water Disposal Rules.

(2) Land Application of Septage on Owner's Property. Pursuant to 38 M.R.S.A. Section1306(2) a property owner may arrange for a septage pumper to land apply septage from the property owner's residence on his or her land. This exemption applies subject to the following requirements:

(a) Septage may only be derived from a single-family residence;

(b) Septage may only be applied to land owned by the owner of the single-family residence from which the septage is derived;

(c) Only two septic tank volumes may be applied to the land each calendar year by any one residence owner, not to exceed a total of 2500 gallons of septage per calendar year;

(d) Septage must be evenly spread on permanently vegetated ground;

(e) Septage may not be applied on slopes in excess of eight percent;

(f) Septage must be spread a minimum of 300 feet from property boundaries, fresh surface waters, tidal waters, water supplies, streets, highways and permanently or seasonally inhabited residential structures;

(g) Septage may not be applied when the ground is frozen, snow-covered, or water-saturated; and

(h) Septage must be stabilized by adding lime to septage to achieve a pH of 12. The pH must be maintained at 12 for a minimum of 30 minutes before land application.

E.Other Rules and Regulations. The landfilling, incineration and processing of septage is governed by 06-096 CMR Chapters 400 et seq., State of Maine Solid Waste Management Rules and 40 CFR Part 503. Land application of de-watered septage sludge is governed by 06-096 CMR Chapter 567, Rules for Land Application of Sludge and Residuals. Land application of de-watered septage effluent is governed by 38 MRSA §413, Surface Application of Wastewater. Septage transporters are subject to the requirements of 06-096 CMR Chapter 411, Non-hazardous Waste Transporter Licenses. 06-096 CMR Chapter 2, Rules concerning the Processing of Applications contains procedures for processing applications, license revocation and license suspension.

06- 096 C.M.R. ch. 420, § 2