Section 096-375-16 - Adequate Provision for Solid Waste DisposalA.Standard. The applicant shall make adequate provision for solid waste disposal. All solid waste will be disposed of in a manner which ensures that: (1) No unreasonable adverse effects on the natural environment will result;(2) Public health, safety, and welfare will not be adversely affected; and(3) The wastes will not combine with other wastes, water, or other natural or man-made substances to create additional harmful effects to the natural environment or the public health, safety, and welfare.B.Submissions. The application for approval of a proposed development must include evidence that affirmatively demonstrates the applicant has made adequate provision for solid waste disposal, including, but not limited to, the following information: (1) The types and estimated quantities of solid waste to be generated by the development and the proposed method of disposal. Types of solid waste may include, but are not limited to, stumps/grubbings, construction debris, demolition debris, household solid waste, industrial solid wastes, special wastes and hazardous wastes. (2) A letter from the operator of a solid waste management facility or a municipality stating that adequate capacity exists for solid waste generated by the development and that the development may utilize the solid waste management facility. The applicant must identify the method of collection (e.g. private, municipal or commercial) and the location of the solid waste management facility for each waste listed. If waste from the site is taken to a transfer station, the application must identify the facility or facilities at which the waste would ultimately be managed.(3) If any stumps, grubbings, or other wood waste or land clearing debris are to be disposed of on-site, the applicant must comply with 38 M.R.S. §1301et seq. and all applicable sections of the Department's Solid Waste Management Rules. There are provisions within the Solid Waste Management Rules to exempt the processing of certain land clearing debris as described in 06-096 CMR 409(1)(B)(3). The applicant must delineate the disposal area on the site plan. For subdivisions, if waste is proposed for on-site burial on a particular lot, that lot must be conveyed with a deed restriction identifying the disposal area.(4) If wood wastes are to be burned on-site, the burn area must be shown on the site plan and exclusion plans provided for materials prohibited from being burned (including chemically treated wood, plastics, vinyl, asphalt shingles, etc). On-site burning cannot create a nuisance condition, and evidence of all applicable fire permits must be submitted. Provide plans for handling both unburned wood waste and woodash, including the name of the licensed or exempt solid waste facility that will accept or receive or manage the ash and unburned materials and the name of the licensed or exempt transporter who will transport the materials to the proposed solid waste facility. If applicable, include evidence of capacity to accept the waste from an approved solid waste facility or a plan outlining the usage of these materials in landscaping and reclamation of the site. Include information on ash/topsoil mixing ratios and application rates. Any proposed open burning must comply with the Rules for Open Burning, 06-096 CMR 102. (5) When the proposed development is or includes the establishment of a solid waste disposal facility, the applicant shall supply evidence of compliance with the Solid Waste Management Act ( 38 M.R.S. Section1301et seq.).C.Terms and Conditions. The Department may, as a term or condition of approval, establish any reasonable requirement to ensure that the applicant has made adequate provision for solid waste disposal, such as the following: (1) a groundwater quality monitoring program;(2) on-site construction supervision or engineering inspection by a certified engineer or geologist; and/or (3) operational inspections and reports by an independent consultant.06- 096 C.M.R. ch. 375, § 16