Section 096-400-2 - ApplicabilityIt is unlawful for any person to locate, establish, construct, alter, expand or operate a solid waste facility or handle solid waste contrary to the Maine Solid Waste Laws and these rules.
A. Applicability of the Rules to Existing Solid Waste Facilities(1)Licensing. All existing solid waste facilities must be licensed under the previous solid waste management rules effective May 24, 1989 or under these rules. Pursuant to the provisions of 38 M. R. S. A. §344 (1-A), applications for the relicensing of existing solid waste facilities will be processed under the substantive rules in effect on the date the application is determined to be complete for processing. An existing solid waste facility which has been found to be contaminating ground water or classified surface water must demonstrate successful corrective action before a license may be issued pursuant to these rules.(2)Operating Requirements. All existing solid waste facilities, including facilities previously exempted from the facility licensing requirements and facilities operating pursuant to a license obtained under the previous solid waste management rules in effect on May 24, 1989, must comply with the operating requirements of these rules as specified in the relevant facility chapter.B. Solid Waste Facility Licenses. An application under the Maine Solid Waste Laws and these rules must be submitted to the Department and a license must be issued by the Department prior to siting, constructing or operating any new or expanded solid waste facility, unless that facility is exempt from solid waste licensing under these rules.C. Operation under a Court Order or Agreement with the Department. The operation of a solid waste facility may be approved through a court order, an administrative consent agreement pursuant to 38 M. R. S. A. §347-A that specifies a schedule for closure of the facility or an agreement pursuant to 38 M. R. S. A. §§1310- N(6-B) or (6-F).D. Solid Waste Facilities within the Jurisdiction of the Maine Land Use Planning Commission. When a proposed solid waste facility is located within the jurisdiction of the Maine Land Use Planning Commission, the Department requires compliance with standards and permitting requirements of the Commission.E. Future Commercial Solid Waste Disposal Facilities. The Department may not approve an application for a new commercial solid waste disposal facility.F. Expansions of Commercial Solid Waste Disposal Facilities. The Department may issue a license for the expansion of commercial solid waste disposal facility if: (1) The Department has previously licensed the facility prior to October 6, 1989;(2) The proposed expansion is contiguous with the existing facility and is located on property owned on December 31, 1989 by the licensee or by a corporation or other business entity under common ownership or control with the licensee; and(3) The Department determines, as provided in 38 M. R. S. A. §1310- N(3-A) that the facility provides a substantial public benefit.G. Beneficial Use Licenses. An application under the Maine Solid Waste Laws and these rules must be submitted to the Department and a license must be issued by the Department prior to the beneficial use of any solid waste as specifically regulated under 06-096 CMR 418.H. Non-Hazardous Waste Transporter Licenses. The transportation of solid waste must conform with the containerization, transport, licensing and manifest requirements of 06-096 CMR 411.I. Exemptions. The following facilities and activities are exempt from licensing and operating requirements, unless otherwise stated below, under these rules: (1) The open burning by individual homeowners or lessees of leaves, brush, deadwood and tree cuttings accrued from normal maintenance of their residential property, when such burning is not prohibited under State laws and rules and is permitted by the municipality;(2) The burning by an owner of residential property of highly combustible domestic, household trash such as paper, cardboard cartons or wood boxes on that property, when such burning is not prohibited under State laws and rules and permitted by the municipality;(3) The location, establishment and construction of solid waste disposal facilities in existence prior to October 3, 1973, but not the alteration or operation of those facilities;(4) The handling of soils containing incidental bark or woody material generated during the transport, handling or storage of logs prior to the debarking, chipping and sawing of wood;(5) An automobile graveyard or automobile recycling business as defined by 30-A M. R. S. A. §3752, provided that the facility does not shred automobiles, white goods, other scrap metal machinery, vehicles or tires, except that a tire stockpile at these facilities is regulated pursuant to 06-096 CMR 402;(6) Disposal of livestock, poultry, and pet carcasses provided that the carcasses are handled in a manner approved by the Maine Department of Agriculture, Conservation and Forestry;(7) Removal of dead animal carcasses from vehicle travel ways to an appropriate location in the right-of-ways;(8) Facilities which receive pre-separated, uncontaminated, unwanted paper, cardboard, glass, plastic, metal, and universal wastes, and limit their handling of these wastes to sorting, containerizing, compacting, baling, and/or transferring, when these materials will be used by a manufacturer or for universal wastes shipped to a facility approved to recycle universal wastes; and NOTE: Any facility which handles universal wastes must comply with the requirements of 06-096 CMR 858.
(9) Redemption centers and collection and recycling facilities for beverage containers regulated under 32-A M. R. S. A. §§1861, et seq.06-096 C.M.R. ch. 400, § 2