06-096 C.M.R. ch. 418, § 6 - Beneficial Use Permit by Rule Provisions

A. Permit by Rule for Beneficial Use of Tire Chips as Construction Fill. The permit-by-rule provisions of this section apply to the use of tire chips as a light weight, insulating, or free draining fill for roads, retaining walls, landslide stabilization, and other civil engineering applications where all of the standards of this section are met. Proposed beneficial uses of tire chips which do not meet the requirements of this section must be licensed under section 9 of this rule. By establishing these provisions, the Department finds that the beneficial use of the tire chips in strict conformity with these permit-by-rule provisions will meet the general standards in section 4 of this rule. No variances to the provisions of this section may be granted.

(1) Notification Requirements. At least 24 calendar days prior to the initiation of the proposed activity or use an applicant shall submit a signed permit-by-rule notification on a form provided by the Department. Public notice of the filing of this type of permit-by-rule notification in accordance with 06-096 C.M.R. ch. 400, § 3(B)(1)(c) is not required. The permit-by-rule notification must include:

(a) The applicant's name, address, telephone number, and contact person together with the appropriate application fee;

(b) A description of the tire chips size and the proposed use;

(c) An U.S.G.S 7.5 minute topographic map or equivalent map clearly marking the project location. GPS coordinates of the activity shall be provided in the project description; and,

(d) For proposed travel ways (e.g. roads and parking lots), a cross-sectional view, with a horizontal scale of 1 inch = 5 feet and a vertical scale of 1 inch = 12 inches. The cross-section must clearly indicate the location and depth of each material layer as applicable (gravel, tire chips, geotextile, surface course, etc.).

(2) Standards:

(a) Tire chips shall conform to the specification of ASTM Standards referenced in D 6270-98 or Maine Department of Transportation type A or B tire chips.

(b) Tire chips shall be used in a manner that is consistent with the construction project's plans and specifications.

(c) The tire chip layer shall not exceed a maximum thickness of 10 feet.

(d) The tire chips shall be covered with a concrete or asphalt paved surface, or a minimum of 12 inches of soil material, or other material suited to the purpose of the construction, such that no waste is exposed.

(e) Tire chips to be used may be stored in a secured location near the project that is under the control of the licensee. All excess tire chips and residue must be removed from the project area upon completion of the project.

B. Permit-By-Rule for the Beneficial Use of No More than 6,400 Tons of Emulsified Asphalt Encapsulated Petroleum Contaminated Soil as Construction Fill. The permit-by-rule provisions of this section apply to the use of emulsified asphalt encapsulated petroleum contaminated soil (encapsulated petroleum contaminated soil) as construction fill underneath paved roads and parking lots, and in other civil engineering applications, under the following conditions:

(a) The material is from a solid waste processing facility licensed by the Department to produce encapsulated petroleum contaminated soil;

(b) The processing facility has documented through characterization that the encapsulated petroleum contaminated soil is non-hazardous and was produced from contaminated soil that met the definition of petroleum contaminated soil in section 1 of this rule;

(c) The petroleum contaminated soil is used on a parcel of property in accordance with a completed Authorization Form that is in conformance with section 10 and Appendix B of this rule; and

(d) All of the standards of this section are met.

NOTE: Construction fill (as defined in 06-096 C.M.R. ch. 400) means, "fill that may contain solid waste utilized to provide material for construction projects such as roads, parking lots, buildings or other structures. It does not include fill needed to re-contour an area within a landfill or where no further construction is occurring. If the construction fill contains solid waste other than inert fill, the use of the fill is regulated under Chapter 418."

Proposed beneficial uses of encapsulated petroleum contaminated soil as construction fill which do not meet the requirements of this section must be licensed under either section 5 or section 9 of this rule.

By establishing these provisions, the Department finds that the beneficial use of encapsulated petroleum contaminated soil in strict conformity with these permit-by-rule provisions will meet the general standards in section 4 of this rule. No variances to the provisions of this section may be granted.

(1) Notification Requirements. At least 24 calendar days prior to the initiation of the proposed activity or use an applicant shall submit a signed permit-by-rule notification on a form provided by the Department. Public notice of the filing of this type of permit-by-rule notification is not required, as established in 06-096 C.M.R. ch. 400 § 3(B)(1)(c). The permit-by-rule notification must include:

(a) The applicant's name, address, telephone number, and contact person together with the appropriate application fee;

(b) The name, address and Department license number for the solid waste processing facility that will provide the encapsulated petroleum contaminated soil;

(c) A description of the proposed use of the encapsulated petroleum contaminated soil as construction fill, including a site plan showing where encapsulated petroleum contaminated soil will be placed;

(d) An U.S.G.S 7.5 minute topographic map or equivalent map clearly marking the project location. GPS coordinates of the activity shall be provided in the project description; and,

(e) A cross-sectional view, with a horizontal scale of 1 inch = 5 feet and a vertical scale of 1 inch = 12 inches, of each location where encapsulated petroleum contaminated soil will be placed. The cross-section(s) must clearly indicate the location and depth of each material layer as applicable (construction fill, paved surface course, other construction, etc.).

(2) Standards.

(a) The project must be a beneficial use rather than disposal or discard, and all encapsulated petroleum contaminated soil beneficially used must be non-hazardous by characteristic and be produced from contaminated soil that met the definition of petroleum contaminated soil in section 1 of this rule, as documented through characterization provided by the processing facility. Hazardous wastes that have been treated to render them non-hazardous must be identified as such in the notification, and the notification must include information on the treatment process used and any other information relevant to the Department's review of the proposed beneficial use.

(b) Encapsulated petroleum contaminated soil may not be placed in standing water or in a channeled drainage flow. It may not be used to fill wetlands, be placed below the water table, or be allowed to wash into any water of the State.

(c) A concrete or asphalt paved surface, or a 6 inch layer of soil, or other material suited to the purpose of the construction, must completely cover the stabilized encapsulated petroleum contaminated soil and must be permanently maintained. No surface exposure of the encapsulated petroleum contaminated oil is allowed.

(d) Encapsulated petroleum contaminated soil intended to be used for a project may be stored in a secured location near the project that is under the control of the licensee. All excess encapsulated petroleum contaminated soil and any residue must be removed from the project area upon completion of the project.

(e) The beneficial use may not take place on a residential, school or a property, area or facility open to the public for recreation.

(f) The beneficial use of encapsulated petroleum contaminated soil licensed under this section is limited as follows:

(i) Encapsulated petroleum contaminated soil must not be placed to a depth of more than 24 inches above the natural ground surface;

(ii) No more than 6,400 tons of encapsulated petroleum contaminated soil may be used on the parcel of property covered by the permit-by-rule; and,

(iii) The term of the license will be 3 years. At the end of the 3 year period, any encapsulated petroleum contaminated soil not used as construction fill must be removed from the site to a facility licensed to accept it.

(g) Annual reports must be filed for each year during the term of the license. The reports must include both the quantity of encapsulated petroleum contaminated soil used on the property and the quantity of encapsulated petroleum contaminated soil stored on the property at the end of the calendar year, and verification that encapsulated petroleum contaminated soil was used as proposed in the application.

C. Permit-By-Rule For Limited Beneficial Use of Tires in Structures. The permit-by-rule provisions of this section apply to the limited use of whole tires in structures, with each tire having a maximum rim size of 25 inches in diameter, where all of the standards of this section are met.

Proposed beneficial uses of tires which do not meet the requirements of this section or the exemptions of section 3 must be licensed under section 9 of this rule.

By establishing these provisions, the Department finds that the structural use of tires in strict conformity with these permit-by-rule provisions will meet the general standards in section 4 of this rule. No variances to the provisions of this section may be granted.

(1) Notification Requirements. At least 24 calendar days prior to the initiation of the proposed activity or use an applicant shall submit a signed permit-by-rule notification on a form provided by the Department. Public notice of the filing of this type of permit-by-rule notification is not required, as established in 06-096 C.M.R. ch. 400, § 3(B)(1)(c). The permit-by-rule notification must include:

(a) The applicant's name, address, telephone number, and contact person together with the appropriate application fee;

(b) A description of the proposed use of tires, including information on the type of structure to be constructed with tires;

(c) An estimate of the number of tires proposed to be used in the structure;

(d) An U.S.G.S 7.5 minute topographic map or equivalent map clearly marking the project location. GPS coordinates of the activity shall be provided in the project description; and,

(e) Information in sufficient detail to describe how tires will be placed to build the proposed structure.

NOTE: Please contact the Department prior to submission of a permit-by-rule for tire structures for guidance on information needed for the proposed project.

(2) Standards.

(a) Tires may not be placed in standing water or in a channeled drainage flow. Tires may not be used to fill wetlands, or be placed below the water table or in any water of the State.

(b) Tires intended to be used for a project may be stored in a secured location near the project that is under the control of the licensee. All excess tires must be removed from the project area upon completion of the project.

(c) The structural use of tires licensed under this section is limited as follows:

(i) No more than 1000 wholetires (each having a maximum rim size of 25 inches in diameter) may be used on the parcel of property covered by the permit-by-rule; and,

(ii) The construction must be completed within 3 years.

(d) Annual reports must be filed for each year during the term of the license. The reports must include both the quantity of whole tires used on the property and the quantity of whole tires stored on the property at the end of the calendar year, and verification that tires were used as proposed in the application.

Notes

06-096 C.M.R. ch. 418, § 6