Section 096-401-8 - Permit-By-Rule for Cull Potato DisposalThe permit-by-rule provisions of this section shall apply to the disposal by burial of cull potatoes that meet all of the standards of this section. Any burial which does not conform to all of these standards, or which involves any waste other than cull potatoes or inert fill, will require formal application to the Department for a license to develop and operate a solid waste disposal facility under sections 1-6. The Department assumes that the burial of cull potatoes in strict conformity with these permit-by-rule provisions will meet the standards of 06-096 CMR ch. 400, section 4. The burial of cull potatoes licensed under this section is exempt from the requirements of 06 -096 CMR ch. 400, sections 6, 7, 9, 10, and 11. No variances to the requirements of this section may be granted.
A.Notification Requirements. At least 5 working days prior to initiating burial of cull potatoes, the applicant shall submit to the Department a permit-by-rule notification of the cull potato burial, on a form provided by the Department. Between June 10 and October 1 of any year, the 5 working day notice requirement may be waived if the person responsible for the cull potato burial hand delivers a completed permit-by-rule notification to the Department, Division of Solid Waste, and staff determine that all the provisions of this section are met and authorize the burial.
The notification must include:
(1) A notice and statement of intent to dispose of cull potatoes on land either owned by the farmer who is responsible for growing the crop which produced the cull potatoes or owned by a person granting written permission for burial of cull potatoes. The notice and statement must give the name of the property owner, the road and map location of the proposed burial site, and, if the land is not owned by the farmer responsible for growing the cull potatoes, a statement signed by the property owner that no monetary remuneration will be received in exchange for permission to bury cull potatoes at the site.(2) A statement signed by the person responsible for the burial of the cull potatoes that the burial of cull potatoes will conform with the requirements of this section.(3) A copy of the public notice provided pursuant to subsection B below. NOTE: In an emergency, Department staff can be contacted on weekends and holidays through the spill response hotline - 1-800-482-0777.
B.Public Notice. Within 15 days prior to the burial of cull potatoes under the provisions of this section, the person responsible for the burial shall provide written notice to all abutting property owners, to the town clerk or other appropriate municipal official, and to the Department (Division of Solid Waste). That notice must include: (1) The name of the person or company responsible for the burial;(2) The location, dates of burial, estimated volume or tonnage, and estimated area involved; and(3) A statement that the burial will comply with all standards contained in these rules. Public notice of the filing of this type of permit-by-rule in accordance with 06-096 CMR ch. 400, section 3(B)(1)(c) is not required.
C.Standards. To qualify for a "Permit by Rule" all of the following standards must be met. Failure to meet any of these standards will require formal application to the Department for a license to develop and operate a solid waste disposal facility.(1) No wastes other than cull potatoes and inert fill shall be disposed at the site;(2) Cull potatoes may be buried in an approved area only one (1) time, except that a new permit-by-rule application may be filed for an area where cull potatoes were previously buried after decomposition of the potatoes placed earlier is complete.(3) Cull potatoes must be buried in a trench that does not exceed 12 feet in width and which is separated along its length from adjacent trenches by a minimum width of soil equal to the trench width. Cull potatoes must be placed in any trench such that: (a) The thickness of the cull potatoes does not exceed 2 feet;(b) The separation between cull potatoes and the seasonal high water table is at least 18 inches as determined by drainage mottles, or as created by the installation of a curtain drain or a drainage ditch; and(c) The separation between cull potatoes and bedrock is at least 24 inches. NOTE: Cull potato burial should be as shallow as is practical to take advantage of the more biologically active upper soil horizons, in order to facilitate tuber breakdown and the uptake of nutrients in the leachate.
(4) The depth to the seasonal high water table and to bedrock must be determined by a qualified Natural Resource Conservation Service of the United States Department of Agriculture ("NRCS") soil scientist, a State of Maine certified soil scientist, or a NRCS employee under the direction of a NRCS or Maine certified soil scientist. A report including the findings of the soil scientist or NRCS employee, and the burial plan prepared by a qualified professional must be included in the permit-by-rule application.(5) Burial must not take place within a sand and gravel deposit; in, on or over a wetland, or on land adjacent to a wetland such that material or soil may be washed into it, without obtaining a permit pursuant to 38 M.R.S.A. §480-E. on a 10 year flood plain; or on any area with a slope greater than 15%. Burial over a sand and gravel deposit is permitted provided that the cull potatoes are separated from the sand and gravel by a minimum of 24 inches of loamy sand or finer textured soils.(6) No burial shall take place within 100 feet of a classified body of surface water.(7) There must be a minimum 100 foot buffer between the burial area and all abutting property boundaries, unless written permission is obtained from all owners of abutting property closer than 100 feet.(8) No burial shall take place within 100 feet of any neighboring residence.(9) No burial shall take place within 300 feet of the nearest water supply well or water supply spring unless the resident owner of the property is notified and specifically waives this standard in writing.(10) Immediately upon delivery of the cull potatoes to the burial site, the trenches must be prepared and potatoes placed in the trenches, and the potatoes covered with 18 inches of soil, the top 4 inches of which must be suitable for plant growth. Finished grade must be maintained between 2 and 30% and must be designed to avoid ponding and to promote runoff until the cull potatoes have completely decomposed. The site must be limed, fertilized, and seeded within 7 days of burial, if covered before September 15. If covered with soil after September 15, the soil cover must be mulched sufficiently to minimize erosion of the cover soil and must be limed, fertilized, and seeded before May 15th of the following year. Lime, fertilizer, and seed shall be applied as follows: - apply 3 tons/acre of ground limestone
- apply 800 pounds/acre of 10-20-20 fertilizer, or equivalent
- apply 21 pounds/acre of the following seed mix by drilling or broadcasting followed by cultipacking
- 10 pounds/acre tall fescue
- 10 pounds/acre creeping red fescue
- 1 pound/acre redtop
Other seed mixtures or fertilizer amounts may be substituted if recommended by the local Soil and Water Conservation District.
(11) Cull potato burial sites shall be inspected periodically for problems with stabilization, erosion, leachate breakout, and volunteer sprouting. Any observed problems shall be corrected immediately. (12) The applicant shall keep a record containing the following information for 10 years after burial of cull potatoes under this section, unless an employee of NRCS, the Maine Department or Agriculture, or the Maine Department of Environmental Protection approves a lesser time after a site investigation. This record shall be available for inspection by employees of the State of Maine or the NRCS upon request. (i) A complete copy of the permit-by-rule application filed with the Department.(ii) The location(s) cull potatoes were buried.(iii) The volume of cull potatoes buried.(iv) Information on trench width(s), length(s) and depth(s).(v) Distances between areas where cull potatoes were buried and the permanent features listed in sections 8(C)(5),(6), (7), (8), and (9).(vi) The date(s) when cull potatoes were buried.06- 096 C.M.R. ch. 401, § 8