06- 096 C.M.R. ch. 420, § 8

Current through 2024-44, October 30, 2024

Section 096-420-8 - Application Requirements for Septage Land Application Sites

The information in this subsection must be submitted to the Department as part of a completed application for approval of a septage land application site. 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; and

(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 land application 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; 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 land application;

(c) Certification by the property owner(s) that the property owner(s) has read and understands the facility operating and 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;

(f) The total acreage authorized for use; and

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

C.Project Cost and Financial Capacity. To verify the applicant's financial capacity to develop the septage land application site 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 all 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.Facility Description and Previous Use. A description of the type of facility proposed (utilization or non-utilization), a listing of any septage, sludges or other licensed residuals currently or previously licensed for use at the site, and a description of the current use of the site must be submitted.

F.Endangered Species. For sites which are not located on an existing, active, agricultural site, a determination must be made as to whether the proposed site 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.

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

(1) The specific area proposed for land application; and

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

H.Tax Maps. A clear copy(ies) of the appropriate town tax map(s) must be submitted which show:

(1) The boundaries of the total parcel of land on which the proposed land application site is to be located;

(2) The area within the parcel to be used for handling septage; and

(3) The names, on the appropriate lots, of owners of property which abut the parcel of land upon which the proposed site is located.

I.Abutters. A list of the names and addresses of all abutters must be submitted.

J.Site Maps. Maps of the proposed site must be submitted as part of the application. The maps must be at a scale of one inch to a maximum of 100 feet. The maps must include the area within 300 feet of the boundaries of the proposed site.

(1) Land Application Site. For the proposed septage land application area the maps must include:

(a) Map of the septage land application site prepared by a Maine Certified Soil Scientist in conformance with Class B (high intensity) standards as published by the Maine Association of Professional Soil Scientists - Standards for Soil Survey except that contour lines are not required unless specifically requested by the Department;

(b) Soil sampling locations;

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

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

(e) Drainage depressions;

(f) Roads;

(g) Bedrock outcrops;

(h) Property lines;

(i) Restrictive fences and gates, if necessary;

(j) Storage facilities and other structures;

(k) Boundary of area suitable for land application; and

(l) Areas proposed for topdressing and areas proposed for injection or incorporation.

(2) Area Beyond Site Boundary. For the area within 300 feet of the site 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

K.Soil Test Pit Logs. Complete logs of all test pits must be prepared and signed by a Maine Certified Soil Scientist. Test pit logs must provide a description of all organic and mineral horizons in accordance with the standards established by the National Cooperative Soil Survey. Test pits must be excavated to a minimum of 48 inches or refusal, and must be of sufficient number to properly evaluate subsurface conditions.

L. Soil Type and Acreage. A listing of the soil types on-site, the soil drainage class and acreage of each soil type proposed for septage land application must be submitted.

M.Soil Nutrient Analyses. Results of the soil nutrient analyses, as required by section 6(C) of this Chapter, must be submitted.

N.Method of Land Application. A written explanation of how the septage will be land applied, such as topdressed, injected or incorporated must be provided. A description of all machinery, conveyances and spreading equipment to be used must be included.

O.Application Rates. The proposed application rates based upon crop requirements, soil type and soil analyses results must be submitted.

P.Traffic. Traffic information for the site must be submitted, to include the following:

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

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

(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).

Q.Volume of Septage Produced. For municipalities applying to the Department for approval of a septage land application site, the estimated volume of septage produced annually in the municipality must be determined by using the most recent septage pumping records for the municipality or by assuming that twenty (20) percent of the total septic tank capacity in the municipality will be pumped annually.

R.Sand and Gravel Aquifer. A clear copy of the most recent Significant Sand and Gravel Aquifer map of the area must be submitted with the proposed land application site clearly delineated.

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(Note: Significant Sand and Gravel Aquifer maps may be obtained from the Maine Geological Survey).

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S.Floodplains. If the proposed septage land application site is within 300 feet of a 100 year flood zone, the most recent Federal Emergency Management Agency (FEMA) flood zone map, or other suitable flood map, must be submitted with the proposed land application site clearly delineated.

T.Site Preparation. A description of necessary site clearing and/or site preparation must be submitted. An erosion and sediment control plan must also be included if clearing or soil disturbance is to occur.

U.Operating Plan. An operating plan must be submitted which details the following:

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

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

(3) Hours of operation;

(4) Names of individuals and companies who will use the site;

(5) Origin of septage to be land applied.

(6) Pathogen Reduction and Vector Attraction Reduction methodology;

(7) Description of how septage will be screened;

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

(9) Application rates;

(10) Sequential use of site;

(11) Methods to be used for dust control on-site;

(12) Testing protocol (sampling and analyses methods and responsibilities); and

(13) Record-keeping and reporting protocol.

The operating plan must include any additional 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.

06- 096 C.M.R. ch. 420, § 8