06- 096 C.M.R. ch. 401, § 7

Current through 2024-51, December 18, 2024

Section 096-401-7 - Special Requirements for Licensing of Small Construction/Demolition Debris, Land Clearing Debris, and Wood Waste Landfills

A.Applicability. This Section applies to landfills that meet all of the following conditions:

(1) The landfill is operated solely for the disposal of construction/demolition debris, land clearing debris and/or wood waste, with incidental amounts of treatment plant grit, car wash basin grit, storm sewer grit, sediment materials removed from stormwater control structures, and ash from any permitted on-site burn pile;

(2) The area within the solid waste boundary is smaller than 6 acres;

(3) The landfill is located so that none of the siting criteria in section 7(D)(2) prohibit development; and

(4) The facility meets the general facility standards of this section.

If any one of these conditions is not met, review and approval under the previous sections of this Chapter is required.

B.Exemptions. In addition to the facilities listed in 06-096 CMR ch. 400, section 2, the following solid waste disposal activities are exempt from the requirements of this Chapter.

(1) Disposal of construction/demolition debris, land clearing debris or wood wastes when:

(a) Thesolid waste boundary(ies) encloses an area of less than one acre;

(b) The disposal facility is located on the same parcel of land where the waste was generated;

(c) Only one exempt disposal facility is located on a single parcel of property, except that additional disposal facilities on the same parcel that are less than one acre size and that were in existence prior to May 6, 1991 do not require a license under this Chapter if no additional waste is disposed in those additional facilities after May 6, 1991; and

(2) The disposal of unprocessed, unburned land clearing debris when:

(a) The solid waste boundary encloses an area of less than one acre;

(b) Written permission of the owner of the property has been obtained;

(c) The disposal location is not on a significant sand and gravel aquifer; and

(d) Only one exempt disposal facility is located on a single parcel of property and each exempt facility is used for disposal only one time.

(3) The even distribution of chipped wood or wood ash from land clearing activities provided that:

(a) The chips are spread over the ground in a manner that will not inhibit plant growth, or

(b) The ash is spread on the same parcel of land where generated and spread in a manner that would not inhibit plant growth.

(4) The disposal of inert fill, whether generated on-site or off-site.

(5) The extraction and reburial of tree stumps provided that the stumps are reburied in the same spot where extracted.

(6) The burial of land clearing debris associated with utilities rights of way or for the construction of logging roads, log landings, and wood yards when the waste is deposited on the same parcel of land where it is generated.

The burial of land clearing debris associated with public works projects when the waste is deposited on the same parcel of land where it is generated.

(8) The disposal of ash and demolition debris from the burning of a building provided that all asbestos is removed prior to burning, the solid waste is buried above high water on the same parcel of land where it is generated, and it is covered with a minimum of 18 inches of soil.

NOTE: You may be asked to disclose the on-site burial of solid waste at the time of property sale. If it is known that the building contained lead paint when burned, the presence of this material on the property must be disclosed at the time of property sale in accordance with 02-039 CMR ch. 330, the Maine Real Estate Commission's "Minimum Standards of Practice" rule.

These activities are not exempt from the Waste Discharge Law (38 M.R.S.A. §413) or other provisions of State Law.

C.General Requirements for Licensing Construction/Demolition Debris, Land Clearing Debris and Wood Waste Landfills under this Section

(1)Performance Standards. Applicants proposing to site a new landfill or to expand an existing landfill under this section must demonstrate that the landfill will be sited, designed, constructed, operated and closed to meet the standards of 06-096 CMR ch. 400.

(2)Prohibitive Siting Criteria. To protect public health, safety, and the environment, the locations listed below are not suitable for siting landfills subject to this section. Variances from these siting prohibitions may not be granted.

(a) The area within the solid waste boundary must not be located where the thickness of undisturbed soil material is less than five feet.

(b) The area within the solid waste boundary must not be located where the thickness of undisturbed soil material above the seasonal high water table is less than three feet.

(c) The waste handling area must not be located on a 100-year flood plain.

(d) The facility site must not overlie an unstable area as defined in 06-096 CMR ch. 400.

(e) The area within the solid waste boundary must not be located within 200 feet of a fault that has had displacement in Holocene time.

(f) The facility site must not be located in, on, or over a coastal sand dune system, coastal wetland, or fragile mountain area, as these terms are defined in 38 M.R.S.A. §480-B.

(3)Restrictive Siting Criteria. The siting criteria listed below apply to siting landfills subject to this section unless the applicant receives a variance in accordance with the provisions of 06-096 CMR ch. 400, section 13.

(a) The landfill waste handling area must not be located within 1000 feet of Class AA or Class SA waters, as defined in 38 M.R.S.A. §§ 465 and 465-B.

(b) The area within the solid waste boundarymust not lie over or be within 300 feet of a significant sand and gravel aquifer.

(c) The following set-backs must be maintained:

(i) A minimum 300-foot set-back between the waste handling area and all public roads;

(ii) A minimum 300-foot set-back between the solid waste boundary and the property boundary;

(iii) A minimum 1000-foot set-back between the solid waste boundary and the nearest residence not owned by the applicant at the time the application is filed with the Department;

(iv) A minimum 100 foot setback between the solid waste boundary and stratified sand and gravel deposits;

(v) A minimum 250 foot setback between the waste handling area and classified surface water;

(vi) A minimum 1000 foot setback between the solid waste boundary and any water supply spring at the time the Preliminary Site Assessment Report is filed with the Department; and

(vii) A minimum 1000 foot setback between the solid waste boundary and any water supply well not owned by the applicant at the time the Preliminary Site Assessment Report is filed with the Department.

(d) The area within the solid waste boundary shall be located on soils that contain less than 15% by volume of stones, cobbles, or boulders and the soils must contain a minimum 15% fines.

(e) The facility site must not be located in, on, or over a significant wildlife habitat, as this term is defined in 38 M.R.S.A. §480-B.

(4)General Facility Standards. The applicant must comply with the following requirements. Variances from these requirements may not be granted.

(a) The landfill size shall be designed to meet the applicant's disposal needs for no longer than 20 years.

(b) Special waste, putrescible waste, or any other unauthorized waste must not be disposed of in the landfill.

(c) The active area within the solid waste boundary must be covered with soil material or other approved cover so that no more than 1/2 acre remains uncovered at any time.

(d) The minimum allowable post-consolidation slope is 5 percent. The maximum allowable post-consolidation slope is 33 percent. Slopes must be designed to promote run-off in a manner that will prevent erosion of the final cover.

(5)General Licensing Requirements. The applicant must comply with the following requirements during the site investigation and licensing process:

(a) Borings shall be designed, constructed, and abandoned in accordance with the procedures specified in 06-096 CMR ch. 405. Test pits must be backfilled to prevent surface water infiltration or the movement of ground water or surface water from one aquifer to another.

(b) The applicant must establish a protected permanent benchmark on thefacility site for use in surveying the landfill, constructed to U.S. Coast and Geodetic Survey standards. Horizontal and vertical controls must be established for the benchmark. The benchmark must be:

(i) Coordinated and reported according to National Geodetic Vertical Datum Standards, if readily available;

(ii) Shown on all application drawings and record drawings, as applicable; and

(iii) Clearly marked and labeled.

D.Preliminary Site Assessment Report and other Pre-Application Requirements. Pre-application requirements are intended to screen out potentially unsuitable sites and to identify potentially unacceptable approaches to development of a landfill. Prior to submission of an application for a license to develop a new or expanded landfill, and at least two months prior to scheduling the pre-application meeting, the applicant must develop and submit to the Department for review a completepreliminary site assessment report. A pre-application meeting and a pre-submission meeting with the Department shall be held, unless waived pursuant to 06-096 CMR ch. 2. The applicant shall hold a public informational meeting.

The preliminary site assessment report must contain an introduction, a summary of findings, and conclusions. It shall consist of the following information in sufficient detail to demonstrate that the landfill is located so that none of the siting criteria in section 7(D)(2) prohibit the proposed development, to identify any restrictive siting criteria, and to demonstrate that the general facility standards will be met. It may include workplans for completing the application requirements for Department review and comment.

The preliminary site assessment report must include the following:

(1) Medium intensity soils map, if available;

(2) The most recent full-size U.S. Geological Survey topographic map of the area (7-1/2 minute series if printed), with the facility site and the property boundary clearly delineated;

(3) The most current available aquifer map of the site, if available, from the Maine Geological Survey;

(4) An earthquake epicenter map;

(5) Subsurface information adequate to demonstrate that there are sufficient in-situ soils and depth to ground water to meet the prohibitive siting criteria in section 7(D)(2);

(6) Identification of all classified bodies of water within 1000 feet of the solid waste boundary;

(7) A map of protected natural resources located within 500 feet of the proposed facility site;

(8) A determination that the waste handling area will not be located in the 100-year flood plain;

(9) A map showing the set-back distances for the proposed solid waste boundary and/or waste handling area from the following:

(a) Public roads;

(b) Residences;

(c) Water supply wells and water supply springs; and

(d) Property boundaries.

(10) A synopsis of all the hydrogeologic, geologic and soils information that the applicant has researched and utilized.

(11) Disposal area(s) size, capacity, and life expectancy.

E.Application Requirements. Landfills subject to this section shall provide application information demonstrating that the facility meets the performance standards, siting criteria, general facility standards and general licensing requirements of section 7(D), and the licensing requirements of 06-096 CMR ch. 400. A proposed facility that meets the design, siting, and operational requirements of this section is presumed to meet the standards of 06-096 CMR ch. 400, sections 4(E), 4(G), and 4(K) because of the siting, design, and operational limitations placed upon it. The applicant shall submit to the Department, on forms provided by the Department, the following information:

(1)Site Investigation and Report

(a)Site Investigation. Each application for a landfill must include the results of an investigation conducted to gather the information necessary to complete the site assessment report described below. The following hydrogeological investigations are required and must be conducted under the direction of a Maine Certified Geologist:

(i) Subsurface investigations are required in sufficient numbers and locations to properly describe and evaluate the surficial stratigraphy beneath and adjacent to the proposed area within the solid waste boundary. This investigation must be extended outside and beneath the proposed area within the solid waste boundary a distance sufficient to determine set-backs from any stratified sand and gravel deposits and significant sand and gravel aquifers, and depth to bedrock.

(ii) A sufficient number of test pits or borings must be sampled at maximum depth intervals of 5 feet, or more often if surficial material characteristics change, and be analyzed for the following:

a. Grain size distribution;

b. Porosity; and

c. Hydraulic conductivity;

(b)Site Assessment Report. A site assessment report shall be prepared by a Maine Certified Geologist. The report must include a narrative, maps, drawings, cross-sections, results of the subsurface investigation, and all supporting documentation developed through the site specific investigation. The narrative must include a discussion of all information obtained from the investigation, including the site characteristics and any engineering design and operational measures to be used to develop the facility in accordance with the rules. The results of the grain size distribution, porosity, and hydraulic conductivity analyses and the depth to high water and bedrock for the area within the solid waste boundary must also be included.

(c)Maps, Drawings and Sections. Maps, drawings and sections with the same horizontal scale must be prepared and submitted according to the requirements of this paragraph. Unless otherwise specified, maps must be drawn to a scale of one inch equals 100 feet or larger.

(i) A topographic base map must be used for all maps, cross-sections and drawings included in the site assessment report.

(ii) A surficial geologic map of the waste handling area must be submitted, based on the on-site investigation. The solid waste boundary and location of the leachate management system components, if applicable, for the proposed landfill must be shown on this map. Geologic contacts appearing on this map and all cross-sections must be drawn as solid lines where observed and as dashed lines where inferred.

(iii)Site Plan and Profile Drawings. Site plan and profile drawings must be provided to verify separation to ground water and for construction of the facility. Locations of test pits and surface water quality monitoring points, if applicable, must be shown on the plan. The drawings must be to the horizontal scale of 1 inch = 100 feet, or any larger engineering scale. The vertical exaggeration for the profiles must be no less than 1 inch = 5 feet. The solid waste boundary must be shown on the site plan.

(2)Design Requirements

(a)Base Preparation. Base preparation must ensure that any constructed base materials have a hydraulic conductivity that is compatible with the in-situ soils.

(b)Cell Development Plan. The landfill must be designed for phased operation with each cell brought to grade and topped with operational cover or final cover as the next cell is started. The phased operation must minimize the quantity of leachate generated by the landfill.

The cell development plan must consist of a conceptual plan for phased operations for the life of the landfill and a detailed plan in six month increments for an initial two year period. Plans must include a narrative and drawings that address: layout of the cells; projected grades; location and timing of intermediate and/or final cover; location and construction of cell access; any relevant aspects of leachate and stormwater management measures; any relevant aspects of erosion and sedimentation control measures; and other pertinent facility-specific features.

(c)Water Balance. An assessment must be performed of the volume of leachate to be generated by the landfill during operations, closure, and post-closure periods. As approved by the Department, a standard method for determining leachate quantity must be used, such as "Hydrologic Evaluation of Landfill Performance (HELP) Model", (EPA/600/R-94/168a and EPA/600/R-94/168b). This assessment must be performed using a minimum 5-year database for climatic input parameters, using site-specific soils data, and using site-specific design waste properties.

This assessment must demonstrate that the in-situ soils beneath the area within the solid waste boundary have the ability to infiltrate all of the potential leachate or be the basis for design of a leachate management plan.

(d)Leachate Management. Where on-site soils beneath the area within the solid waste boundary do not have the capability to infiltrate all of the potential leachate, a leachate management system is required. If a leachate management system is required, the following items must be addressed in the application:

(i) Selected leachate management options, including leachate collection, storage, treatment, transport to a treatment facility, and disposal.

(ii) A demonstration that leachate generation will be minimized. Operational controls must be proposed that will minimize leachate generation. Operational controls must be proposed as part of the Cell Development Plan required under section 7(F)(2)(b).

(iii) Leachate management system design. The design must demonstrate that all potential leachate not capable of being infiltrated into the on-site soils will be managed in accordance with the standards of this section.

(iv) A Quality Assurance Plan must be included to assure that design specifications and performance requirements for all landfill components are met during construction.

(v) Construction Contract Bid Documents must be provided, including drawings, technical specifications, and the contract administrative documents.

(vi) The Department may require leachate monitoring if there is a leachate collection system.

(e)Waste Storage and Burn Areas Design Submission. For facilities proposing waste storage areas outside of the solid waste boundary, and/or a burn area for wood wastes and/or wood from construction/demolition debris as part of the facility site, a design plan must be submitted. The storage and burn areas must be designed and operated in accordance with the storage and burn area requirements of 06-096 CMR ch. 402 sections 2 and 4, and must be located at a distance from water quality monitoring points sufficient to avoid contamination. The plan must provide for controls to manage potentially contaminated run-off and prevent the discharge of contaminants to the environment.

(f)Surface Water Control Plans. The applicant must submit two surface water control plans: an erosion and sedimentation control plan which meets the standards and submission requirements of 06-096 CMR ch. 400, section 4(J) and a stormwater management plan which meets the standards and submission requirements of 06-096 CMR ch. 400, section 4(M).

(g)Surface Water Monitoring Plan. A plan for monitoring surface water quality must be submitted for landfills located near classified surface waters. This plan must be in conformance with the surface water monitoring requirements of 06-096 CMR ch. 405.

(h)Stability Assessment. Depending upon site-specific conditions, such as weak foundation soils, the Department may require the applicant to submit a stability assessment sufficient to demonstrate adequate site and slope stability.

(3)Waste Management Plan. The applicant shall develop and implement a waste management plan. This plan must be utilized to minimize landfilling of wastes. It must include:

(a) A demonstration of the need for a facility of the requested size;

(b) Disposal area size, capacity and life expectancy;

(c) An identification of the construction/demolition debris, land clearing debris, and wood wastes that are reusable, recyclable, compostable, processable or otherwise useful;

(d) A waste separation plan that evaluates the feasibility of separating useful materials from wastes.

(e) A waste management plan that reflects the Solid waste management hierarchy in 38 M.R.S.A. §2101.

(i) Reducing both the volume and toxicity of waste;

(ii) Reuse of wastes;

(iii) Recycling or reprocessing of waste and the creation of a new usable material;

(iv) Composting of biodegradable waste either at the facility, backyard or small scale community programs;

(v) Processing that reduces the volume of waste needing disposal, including incineration and waste-to-energy technology; and

(vi) Land disposal, including the evaluation of regional facilities.

(4) Operations Manual. A copy of the operations manual must be submitted as part of the application. The operations manual shall meet the requirements of section 7(H).

F.Landfill Construction

(1)Changes from Approved Plans and Specifications. Prior to implementing any changes to the approved landfill design, the leachate management systems, or project specifications, the applicant must receive approval from the Department through an amendment or minor revision, or through a change order approval. The Department shall issue a response to a change order request within 5 working days, or approval of the change order is automatically granted.

(2)Quality Assurance Plan. The Quality Assurance Plan approved under section 7(F)(2)(d)(iv) must be implemented at the beginning of construction.

(3)Photographic Documentation. The licensee shall provide the Department with representative photographic documentation of each stage of construction.

(4)Record Drawings. The licensee shall provide record drawings, signed and stamped by a State of Maine Registered Professional Engineer, to the Department within 45 days after construction completion for each phase.

(5)Final Construction Report and Commencement of Operations

(a)Commencement of Operations. The licensee shall submit a written request that the Department conduct an inspection of the completed construction for a finding of compliance with the facility license. The licensee may not commence operation of the landfill until the Department conducts or waives the need for this inspection and approves the written certification and tabulation of all problems encountered during construction and a description of how those problems were resolved. This written certification and tabulation of problems is required as part of the final construction report, but may be submitted prior to the final report in order to expedite approval for commencement of operations.

(b)Final construction report. The licensee shall submit a final construction report to the Department within 45 days following construction completion of each phase. The owner shall retain a copy of this report at the landfill site. The report must include:

(i) Written certification, signed and stamped by the engineer(s) supervising the project inspection, that the facility has been constructed in accordance with the approved plans and specifications.

(ii) A narrative summary of the construction process. The summary must include supporting documentation, appropriately cross-referenced, sufficient for the Department to conclude that the facility has been constructed in accordance with the approved plans and specifications. The supporting documentation must include:

a. A tabulation and summary of all testing results, as applicable;

b. A tabulation of all problems encountered during construction and a description of how those problems were resolved;

c. The photographic documentation required by section 7(G)(3) above; and

d. Quality assurance reports for earthworks.

G.Operating Requirements. Any landfill subject to the requirements of this section must comply with the operating requirements of this subsection. Each landfill must be operated so that it does not contaminate ground or surface water outside the solid waste boundary.

The operations manual must include all the information necessary to enable supervisory and operating personnel, and persons evaluating the operation of the landfill, to determine the sequence of operation, policies and procedures, and monitoring, maintenance, inspection, and legal requirements that must be followed for safe, orderly and environmentally sound operation on a daily, yearly, and life cycle basis. The operator shall take whatever measures are necessary to familiarize all personnel responsible for operation of the facility with relevant sections of the operations manual.

The operations manual must address each of the areas identified below. The operating manual must include a format for, and items to be covered by, all reporting requirements, including the inspection and monitoring requirements and the annual report. The operations manual must be reviewed annually by the operator and updated as necessary. A current copy of the operating manual must be available for inspection and use at the landfill at all times.

(1)Acceptable Solid Waste. A landfill may accept only construction/demolition debris, land clearing debris and/or wood wastes, with incidental amounts of ash from an on-site burn pile, treatment plant grit, car wash basin grit, storm sewer grit, and sediment materials removed from stormwater control structures as allowed by the Department in the landfill's current license.

(2)Implementation of Waste Management Plan. The owner or operator shall implement the Waste Management Plan as approved by the Department.

(3)Hazardous and Special Waste Handling and Exclusion Plan. The operator shall comply with all provisions of the Hazardous and Special Waste Handling and Exclusion Plan prepared in accordance with 06-096 CMR ch. 400, section 9.

(4)Access to Disposal Area. The owner or operator shall control access to the disposal area and shall prevent unapproved wastes from being disposed.

(5)Set-Backs and Buffer Strips. The set-backs and buffer strips approved by the Department must be maintained.

(6)Control of Litter. The operator shall provide for routine maintenance and general cleanliness of the entire facility site.

(7)Stormwater Management and Erosion Control. The operator shall provide for erosion and sedimentation control in compliance with the approved erosion and sedimentation control plan that meets the standards and submission requirements of 06-096 CMR ch. 400, section 4(J). The operator shall also provide for stormwater management that is in compliance with the approved stormwater management plan which meets the standards and submission requirements of 06-096 CMR ch. 400, section 4(M). Erosion and sedimentation control structures and stormwater management structures shall be maintained on a routine basis.

(8)Side Slopes. Side slopes of the disposal area shall not be steeper than 3 horizontal to 1 vertical.

(9)Compaction. Wastes shall be compacted on a weekly basis if the facility is operated less than 5 days per week and on a daily basis if operated for 5 or more days per week. From December 16 through March 31 in the southern zone and from November 16 through April 30 in the northern zone, solid waste may be deposited at the landfill without compaction or cover if the total lift height during this period does not exceed 12 feet and the total horizontal area covered with waste does not exceed 20,000 square feet.

(10)Cell Development Plan. All landfills must operate in accordance with the cell development plan submitted to and approved by the Department, as required by section 7(F)(2)(b).

The active area shall be covered with soil or other approved material at a frequency so that no more than 1/2 acre remains uncovered at any time. Operational cover shall be placed and compacted to 6 inches thickness in such a manner that the waste is effectively covered. Cover shall be placed in accordance with the requirements of the approved cell development plan.

Use of residues from the processing of construction and demolition debris will be considered only at a landfill with a Department-approved active gas collection and control system. Alternative operationalcover proposals must meet the following standards and include the following submission requirements:

(i) The alternative operational cover must perform as an acceptable substitute for the soil material it is replacing, i.e. it must be able to control nuisance odor, dust, litter and vectors;

(ii) The alternative operational cover must not exceed 9" in depth after compaction;

(iii) The alternative operational cover proposal must consider and evaluate impacts on gas quantity and quality from application of the material;

(iv) Unless the material proposed as an alternative operational cover has no odor or potential to create a nuisance odor, the submittal must include an odor management plan that includes provisions for the prevention and control of nuisance odor during routine operations, and a process for responding to any odor complaints received; and

(v) Use of the alternative operational cover must cease if the Department determines its use causes a nuisance odor or negative impacts the performance of the facility's active gas collection and control system.

(11)Inspections. The operator shall provide for facility inspections on a regular basis, document the results of the inspections using the reporting format approved by the Department, and include a summary of the inspection results in the annual report required by section 7(H)(21). Items to be included in these inspections, an inspection schedule, and reporting formats must be provided in the operating manual. The inspection reports must be kept on file at the landfill for a three year period, and shall be available for Department inspection upon request. Provisions must be made in the inspection program to demonstrate that non-conforming inspection items have been brought into conformance, including documentation of any repairs.

As applicable the inspection program must be sufficient to document:

(a) That the leachate management systems, the erosion and sedimentation control measures, and the stormwater management systems are performing as designed;

(b) That the waste and cover system grades and placement are in accordance with the approved cell development plan; and

(c) Any deviations from the approved plans and specifications;

If the landfill has a leachate management system, the leachate collection, detection, and transport systems must be inspected at least annually. If select waste, such as wood chips, is used as a protective system, the leachate collection system must also be inspected after the first lift of select waste is placed on top of the collection system.

(12)Dust Control. The operator shall use suitable measures to control dust at the facility site.

(13)Equipment. The equipment in use at the landfill must be sufficient to meet the operating requirements of this section. The operator shall have a contingency plan for obtaining back-up equipment when needed.

(14)Fire Protection. The operator shall take suitable measures for the prevention and control of fires at the landfill site by complying with at least the following requirements:

(a) Arrange for a nearby fire department to provide emergency service whenever called;

(b) Provide sufficient on-site equipment for minor fires such as detachable extinguishers, maintained in working order.

(c) Maintain a soil stockpile sufficient to suppress fires.

(d) Observe the current applicable rules of the State of Maine Bureau of Forestry, Department of Conservation.

(e) Provide a mechanism at the facility site to communicate with the local fire department.

(15)Surface Water Monitoring Program. If applicable, the operator shall monitor environmental effects from the landfill in accordance with the most recent surface water monitoring plan approved by the Department.

(16)Operating Records. The operator shall keep a record of operational information for the active life of the landfill, and keep these records on file during the post-closure period. Operational records must include:

(a) The type, quantity and origin of waste received;

(b) The equipment, compaction methods, and cover used;

(c) The portion of the landfill used;

(d) Any deviations made from the approved plans and specifications;

(e) Reports from the monitoring program;

(f) Accident reports;

(g) Equipment breakdowns that caused significant operational problems;

(h) Inspection records; and

(i) Fires.

(17)Supervision of Operation. The operation of the landfill must be supervised and directed by key personnel qualified and experienced in disposal of construction/demolition debris, land clearing debris, and wood wastes disposal. An attendant must be on site during all operating hours.

(18)Waste Handling Area. The operator shall post appropriate signs or other means to indicate clearly where wastes are to be unloaded and where separate disposal and storage areas are located within the facility site.

(19)Open Burning of Brush and Wood from Demolition Debris. Open burning of solid waste other than wood waste and painted wood, is prohibited at all landfills. All burning must be confined to a burn area approved by the Department. Wood that has been treated may not be burned. Other wastes, such as tires or waste oil, may not be used to start or maintain a burn. Burning must be done in conformance with the requirements of 402, section 4(I).

(20)Disposal of Non-Friable Asbestos. The disposal of non-friable asbestos in products such as roofing, siding, and resilient floor coverings may occur without a special waste permit. Disposal of friable asbestos, such as pipe and boiler insulation, is prohibited at construction and demolition debris landfills.

All asbestos waste delivered to the landfill must be containerized in conformance with the requirements of 06-096 CMR ch. 425, section 9 (A)(2) (the "Asbestos Management Regulations" effective January 1, 1994). Non-friable asbestos waste must not be subject to shredding, crushing, or any other form of volume reduction prior to placement in the landfill. Asbestos waste shall not be dropped or thrown more than 3 feet. Due care and caution must be utilized during asbestos waste handling to avoid damage to the packaging. Any asbestos waste found to be leaking or improperly packaged shall be immediately repackaged. The non-friable asbestos waste must be covered by a minimum of 6 inches of cover by the end of the working day.

Cementitious asbestos piping (transite pipe) is exempt from the packaging requirements provided the waste is kept adequately wetted during loading, transport, and off-loading. Municipalities may request approval from the Department for an alternative disposal location for cementitious asbestos piping generated from the replacement of piping as part of public works projects. Cementitious asbestos piping which is no longer being used may be left in the trench and buried in place provided it remains intact and its location is noted in public works records.

NOTE: Any non-friable asbestos which has deteriorated or has been cut, broken, abraded, weathered, or acted upon by any other means may be considered by the Department to be friable asbestos.

(21)Annual Report. Pursuant to 38 M.R.S.A. §1310-N(6-D), an annual report and fee shall be submitted to the Department for review and approval by the operator on a schedule consistent with the requirements of 06-096 CMR ch. 400, section 3(E). The format for this report must be contained in the operations manual for the landfill.

(a)General. The annual report must include:

(i) A summary of activity at the landfill during the past year. This shall include a narrative describing any factors, either at the landfill or elsewhere, that effected the operation, design or environmental monitoring program of the landfill.

(ii) An evaluation of the landfill's operations to verify compliance with the approved operations manual, licenses, and regulatory requirements. This evaluation shall be performed either by qualified facility personnel or a qualified consultant.

(b)Operations. As part of the annual report, the following operational information is required.

(i) An estimate of the capacity of the landfill used in the past year and an estimate of the landfill's remaining capacity.

(ii) A description and estimate of the amount of cover material used in the past year.

(iii) A description of changes in the operations manual during the past year.

(iv) Proposed changes to the operations manual, or any aspect of the landfill's operations.

(v) A summary of responses to spills, fire, accidents and unusual events that occurred at the landfill in the past year.

(vi) Updated cell development plans for subsequent two year periods, as needed, highlighting any changes to the approved plan.

(vii) Copies of reports prepared in accordance with the facility's Hazardous and Special Waste handling and Exclusion Plan.

(viii) A report on the results of the facility's inspection and monitoring programs.

(ix) If applicable, documentation of system failures and repair measures.

(c)Monitoring. The following monitoring information must be included in the annual report. All evaluations must be done in accordance with the landfill's approved surface water monitoring program.

(i) An evaluation of data gathered for each surface water monitoring point, if applicable, for the landfill, including a statistical analysis of the data where appropriate.

(ii) For facilities that have leachate collection, an evaluation of the quantity and quality of leachate generated by the landfill during the past year, if applicable, including a comparison of the past year's leachate monitoring results to previous years' results.

H.Closing Requirements. Landfills licensed under the provisions of this section must close in accordance with the requirements of this subsection. Construction/demolition debris landfills less than 6 acres in size that were in existence prior to the effective date of this rule must submit a closure plan to the Department for review and approval prior to beginning closure construction activities. At a minimum, the closure application must meet the following requirements and must address potential contamination issues and any site and slope stability issues that may exist due to site-specific conditions.

(1)Cover Requirements. All landfills licensed under this section must be closed out in accordance with the requirements of this subsection within 180 days of the last receipt of waste and must be graded to a maximum side slope of 3 horizontal to 1 vertical and a minimum top slope of 5%. The final cover must consist of 18 inches of clay or well-graded till containing a minimum of 35% fines overlain by 6 inch soil layer suitable to grow vegetation. The vegetative layer must be seeded with an effective ground cover within one growing season of the completed disposal. Owners/operators must submit a written certification within 45 days of closure completion stating that the facility was closed in accordance with the requirements of this subsection. Final cover for landfills with leachate collection must have a cover system less permeable than the underlying soil and provisions must be made for on-going management of leachate.

(2)Permanent Record. Within 60 days of completion of final closure construction, the licensee shall prepare and record in the Registry of Deeds information and deed restrictions to provide notice to prospective purchasers and a public record of the location of the landfill. The licensee shall provide a copy of the recorded information and deed restriction to the Department.

(a) The information must include:

(i) The type of facility located on the parcel and the dates of its operation and closure.

(ii) A description of the location, composition, extent and depth of the waste deposited.

(iii) The location and identification number of monitoring wells on the property, if any.

(b) A deed restriction must be included. It must state and effectively provide that post-closure use of the property may not disturb the integrity of the final cover, liner system or other components of the containment system, or the functioning of the monitoring systems, without prior written approval of the Department.

I.Post-Closure Requirements. Landfills licensed under this section are subject to the following requirements for post-closure care for a period of 10 years following closure unless extended by the Department due to identified threats to public health, safety, or the environment.

(1)Surface Water Monitoring. If applicable, surface waters must be monitored semi-annually after closure until the Department approves a decrease or cessation in monitoring frequency or parameters or both.

(2)Cover Maintenance. The final cover must be maintained to protect its integrity and prevent ponding of water or erosion of cover materials. Vegetative cover must be mowed annually to prevent the growth of deep rooted, woody plant species. Animal burrows into the cover must be eliminated and the cover repaired as needed.

(3)Drainage. The closed landfill must be kept well drained.

(4)Restricted Access. Provisions must be made to prevent the disposal of additional solid waste on the site and to protect the integrity of the final cover system.

(5)Leachate Monitoring and Maintenance. For facilities with leachate management systems, leachate and the leachate management system must be monitored after closure of the landfill. Leachate management systems must be monitored every four months for quality and flow rates until the Department approves a decrease or cessation in monitoring frequency or parameters or both. Provisions must be made for continued leachate removal and treatment until the Department approves a cessation in removal and treatment.

(6)Inspections. The landfill must be inspected semi-annually after closure in accordance with an approved plan until the Department approves a decrease in frequency or cessation of inspections. Deficiencies noted during inspections must be corrected as soon as weather conditions allow.

(7)Reporting Requirements. The licensee shall submit the results of the monitoring and inspection requirements of this section to the Department. For the first two years of post-closure, the results must be submitted after each inspection. After the first two years, the results must be submitted annually until the Department approves a decrease in reporting frequency. Submittals must include the monitoring results. Deficiencies noted during inspections must be summarized along with corrective measures taken or proposed.

(8)Landfill Reclamation. An owner shall obtain a license pursuant to 06-096 CMR ch. 400 in order to conduct landfill reclamation activities at a closed landfill.

06- 096 C.M.R. ch. 401, § 7