06-096 C.M.R. ch. 410, § 5 - Permit-By-Rule Composting of Wood, Leafand Yard Wastes
A.
Applicability
(1)
New Facilities: The
permit-by-rule licensing provisions of this section shall apply to owners or
operators of facilities that compost Type IA residuals and grass clippings and
that meet all of the standards of this section. Failure to meet any of these
standards will require formal application to the Department for a license to
develop and operate the solid waste composting facility under sections
2 through
4 or section
6 of this Chapter. By adopting these
provisions, the Department finds that the composting of Type IA residuals and
grass clippings in strict conformity with these permit-by-rule provisions will
meet the standards of 06-096C.M.R. ch. 400(4). Facilities licensed under this
section are exempt from the requirements of 06-096C.M.R. ch. 400(9). No
variances to the requirements of this section may be granted.
NOTE: See 06-096C.M.R. ch.400(1) for a full definition of residual types. Type IA residuals are leaf, vegetative and other residuals with a C:N ratio of greater than 25:1 See AppendixA of this Chapter for a list of typical C:N ratios for various residuals.
(2)
Existing Licensed
Facilities: Composting facilities previously licensed pursuant to
06-096C.M.R. ch. 409(8) remain in effect, subject to the conditions specified
in 06-096C.M.R. ch.400(3)(E).
B.
Standards and Operating
Requirements
(1) The composting
facility may only receive Type IA residuals and grass clippings. It may not
accept painted wood, treated wood, plywood, chipboard, plastic, wood with
fasteners, nails, glue, adhesives, resins, paint or coatings, or wood that is
otherwise contaminated.
(2) The
total waste handling area may not exceed three (3) acres and total on-site
storage areas may not exceed one (1) acre. Individual storage piles may not
exceed 10,000 square feet.
(3)
Setback Distances: At the time a complete permit-by-rule
notification is submitted to the Department, proposed storage, processing,
composting, or curing of any regulated residual may not lie within:
(a) 500 feet of any water supply
spring;
(b) 500 feet of any water
supply well and any residence, unless owned by the site operator or
owner;
(c) 100 feet of any
protected natural resource;
(d) In,
on or over a protected natural resource, or on land adjacent to the following
areas, without first obtaining a permit pursuant to theNatural
Resources Protection Act,
38 M.R.S.
§§480-A to
480-H
H:
(i) A coastal wetland, great pond, river,
stream or brook, or significant wildlife habitat contained within a freshwater
wetland; or
(ii) Freshwater
wetlands consisting of or containing:
a. Under
normal circumstances, at least 20,000 square feet of aquatic vegetation,
emergent marsh vegetation or open water, except for artificial ponds or
impoundments; or
b. Peatlands
dominated by shrubs, sedges and sphagnum moss;
(e) 100 feet of any property
boundary;
(f) 100 feet of the solid
waste boundary of an active, inactive, or closed solid waste landfill;
and
(g) A 100-year flood
plain.
(4)
Soils: The applicant may only compost, cure and store residuals
on:
(a) Soils that a Maine Certified Soil
Scientist has determined are moderately well drained to well drained, as
classified by the Natural Resources Conservation Service, and that are at least
24 inches above the seasonal high water table, bedrock, and sand or gravel
lenses;
(b) A pad constructed with
the surface at least two (2) feet above the seasonal high water table and is
either composed of:
(i) Two (2) feet of
glacial till (having between 15 and 35% fines) covered with a six(6)- inch
drainage layer of gravel; or
(ii)
Soil covered with asphalt or concrete;
(c) A surface determined by a Maine Certified
Soil Scientist, soil engineer or other qualified individual as being suitable
for the proposed activity, taking into account the other aspects of the
facility design; or
(d) On a land
area under a permanent, roofed structure.
(5)
Drainage: Surface water
drainage must be diverted away from processing, composting curing, and storage
areas.
(6)
Slopes:
Compost windrows must be constructed on a pad or surface with a maximum slope
of 6%. Where necessary, the working surface for windrows must be constructed to
prevent ponding.
(7) The facility
must be operated so that it does not contaminate water, land or air from the
handling, storage or composting of wood, leaf, and yard wastes.
(8)
Inspection and Access
Control: The operator must control unauthorized access to the site and
visually inspect incoming residuals so that only Type IA residuals and grass
clippings are accepted at the facility.
(9)
Pile Construction: Incoming
Type IA residuals must, within one week of delivery to the site, be formed into
windrow piles 10 feet high by 15 to 20 feet wide at the base, or other
configuration that provides for the proper conditions under which aerobic
composting will occur. Windrows must run with the slope of the pad such that
runoff is not trapped by the windrows.
(10)
Grass: Grass clippings must
be incorporated, and thoroughly mixed into established windrows at a ratio of
no more than one part grass to three parts Type IA residuals (1 grass:3
carbonaceous-material) by volume within 24hours of receipt at the facility. The
composting facility must not accept grass clippings unless there is a
sufficient volume of Type IA residuals available to meet this ratio.
(11)
Windrow Turning: The
windrow must be turned at least four (4) times per year. There must be no more
than six (6) months between any two (2) turnings.
(12)
Distribution: Compost must
be distributed for use within one (1) year of completion of the compost
process, and within three (3) years of receipt of the raw materials for
composting.
(13)
Fire
Control: The operator must develop and implement a plan to prevent
spontaneous combustion in residual and compost piles at the site.
(14)
Annual Report: By February
28th of each year, the operator must submit an
annual report covering the previous calendar year. The annual report must
contain:
(a) The estimated volume of residuals
received at the facility;
(b) An
estimated volume of compost produced at the facility;
(c) The estimated volume of compost
distributed from the facility;
(d)
The estimated volume of compost and residue, including compost screenings,
stored on site as of December 31st; and
(e) A description of any problems in
operations encountered during the year, and steps taken to correct those
problems.
(15)
Closure: The facility must be closed in a manner that minimizes
the need for further maintenance; and so that the closed facility will not
pollute any waters of the state, contaminate the ambient air, constitute a
hazard to health or welfare, or create a nuisance. At a minimum, the applicant
must remove all compost, wastes, secondary materials, and residue, including
compost screenings, from the facility; and broom clean the facility structures
and equipment.
C.
Notification Requirements. At least 15 working days prior to
acceptance of Type IA residual or grass clippings at the facility for
composting, the applicant shall submit to the Department a permit-by-rule
notification on a form developed by the Department. This notification must
include:
(1) The applicant's name, address,
telephone number and contact person.
(2) The appropriate application
fee.
(3)
Description:
A brief description of the proposed project including a description of the
residual to be processed.
(4)
Title, Right, or Interest: A demonstration of sufficient title,
right or interest to the property proposed for development, as specified in
06-096C.M.R. ch.2(11)(D).
(5)
To pographic Map: A legible copy of 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, and the property boundary
clearly and accurately delineated.
(6)
Flood Plain Map: If the
proposed site is within 1/4 mile of a 100 year floodplain, a legible copy of
the most recent Federal Emergency Management Agency (FEMA) flood insurance rate
maps of the 100-year frequency floodplain, with the location of the facility
and property boundary clearly and accurately delineated.
(7)
Tax Map: A legible copy of
the local tax map marked with the facility location and the names and addresses
of abutters marked on it. The map must indicate all residences within 500 feet
of the waste handling area.
(8)
Soil and Pad Design: One of the following:
(a) A certification from a Maine Certified
Soil Scientist that the soils where residuals will be composted and cured are
moderately well-drained to well-drained, as classified by the Natural Resources
Conservation Service, and that are at least 24 inches above the seasonal high
water table, bedrock, and sand or gravel lenses; or
(b) A description of the pad or other surface
that the residual will be composted and cured on, and which of the standards in
section 5(B)(4) of this Chapter that surface meets; or
(c) A certification from a Maine Certified
Soil Scientist, soil engineer or other qualified individual that the surface is
suitable for the proposed activity, taking into account the other aspects of
the facility design; or
(d) A
certification that all composting and curing will be conducted under a
permanent, roofed structure.
(9) A fire control plan to prevent
spontaneous combustion in residual and compost piles.
(10)
Public Notice: A copy of
the public notice and other information to demonstrate that the applicant is
fulfilling the requirements of 06-096C.M.R. ch.400(3).
(11)
Certification: A statement
signed by the facility landowner and the person responsible for the facility
stating that all standards and requirements of this section will be met
throughout operation and closure of the facility.
Notes
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