06- 096 C.M.R. ch. 405, § 1 - General

A. Purpose. Water quality monitoring, leachate monitoring and the characterization of wastes stored or disposed of are tools used for the detection and analysis of potential threats to public health and safety or the environment. The applicable tools are required to be implemented at solid waste facilities where the Department identifies potential threats to public health and safety or the environment because of the nature of the wastes stored or disposed of and/or the type, location, design or operation of the solid waste facilities.

B. Applicability

(1) Licensing. The relevant requirements of this chapter apply to all landfills licensed under Chapter 401, sections 1 through 7. Relevant sections of this chapter may apply to solid waste facilities licensed under 06-096 CMR ch. 402, 403, 409, 418 or 419.

(2) Existing facilities. The following existing solid waste facilities that are currently conducting water quality monitoring programs and/or waste characterization programs are required to modify their monitoring and/or waste characterization programs to be consistent with the provisions of this chapter:

(a) Active and inactive solid waste facilities;

(b) Closed solid waste facilities that were not closed under the reduced or alternate landfill closure procedures of 38 M.R.S.A. §1310-E-1(2) or (3);

(c) Solid waste facilities initiating closure that do not qualify for closure under the reduced or alternate landfill closure procedures of 38 M.R.S.A. §1310-E-1 (2) or (3).

C. Transition

(1) Submission of revised programs. Owners or operators of existing solid waste facilities required to monitor water or leachate quality, or to characterize wastes must submit revised monitoring and/or characterization programs, in conformance with the applicable requirements of this chapter, to the Department for review and approval as follows:

(a) Active solid waste facilities must submit revised programs in accordance with the schedule specified in the applicable facility specific chapter for submission of a revised operations manual;

(b) Inactive or closed solid waste facilities must submit revised programs within 6 months of the effective date of these rules.

All changes from the existing programs must be highlighted in the revised programs.

(2) Implementation of revised programs. Owners or operators must implement the revised water quality monitoring program during the first sampling round after the revised program is approved. Revised waste characterization programs must be implemented within 30 days of approval.

D. Laboratory Certification. Laboratory analyses required in support of the licensing, operation, closure, post-closure, assessment or remediation of a solid waste facility or activity must be performed by a laboratory certified by State of Maine, Department of Health and Human Services in accordance with 22 M.R.S. §567 and the Maine Comprehensive and Limited Environmental Laboratory Certification Rules, 10-144 CMR ch. 263. Unless otherwise exempted from certification, all laboratories performing analyses to demonstrate compliance with Department programs must be certified for all reported analyses performed for which certification is required. Required certifications must be in place and valid at the time analyses are performed.

Notes

06- 096 C.M.R. ch. 405, § 1