Section 096-402-1 - General Requirements for the Storage of Solid WasteA.Applicability. This Chapter applies to sites that store solid waste, including transfer stations, tire storage sites and storage sites at wood products facilities, except that the storage of solid waste at processing facilities is regulated under 06-096 CMR ch. 409, the storage of waste or waste derived products at a beneficial use site for less than 90 days is regulated under 06-096 CMR ch. 418, and the storage of residuals prior to agronomic utilization is regulated under 06-096 CMR ch. 419. (1)Existing storage sites. All existing sites that store solid waste must meet the applicable operating requirements of these rules.(2)New storage sites. A license is required to site, construct or operate any new storage site unless that facility is exempt from licensing under these rules. The on-site storage of solid waste at landfills licensed under sections 1 through 6 of 06-096 CMR ch. 401 and incinerators licensed under 06-096 CMR ch. 403 does not require a separate license under this chapter provided the siting and design standards and operating requirements of 06-096 CMR ch. 402 are met and addressed in the current license for the facilities. A separate license under this chapter is required for all other new solid waste storage sites, including, but not limited to:
(a) Transfer stations (pursuant to sections 2 through 5);(b) Storage sites, including those located on the same parcel of property as a small construction or demolition debris, land clearing debris, or wood waste landfill licensed under 06-096 CMR ch. 401, section 7 (pursuant to sections 2 through 5);(c) Wood waste storage sites at wood products facilities (pursuant to section 6);(d) Tire storage areas other than at transfer stations (pursuant to section 7); and(e) Unless established for less than 90 days and regulated under 06-096 CMR ch. 418, storage sites for waste or waste derived products to be beneficially used (pursuant to sections 2 through 5, 6 or 7).(3) To the extent different siting requirements for storage sites are established in the applicable chapter, those requirements shall control. B.Exemptions. In addition to the facilities listed in 06-096 CMR ch. 400, section 2, the following facilities and activities are exempt from the licensing and operating requirements of this chapter:(1) Bottle and can redemption centers licensed by the Maine Department of Agriculture, Conservation and Forestry.(2) Facilities which receive pre-separated, uncontaminated, used paper, cardboard, glass, plastic, and metal (including white goods and junk vehicles) and limit their handling of these wastes to sorting, compacting or baling, containerizing, and/or transferring, when these materials will be used by a manufacturer. NOTE: Facilities handling junk vehicles must comply with 30-A M.R.S.A. §§ 3752 to 3760.
(3) The storage of asphalt to be recycled or otherwise processed at an asphalt batch plant, provided the total area at the batch plant used for asphalt storage is less than 1/2 acre and the asphalt is stored for no more than 12 months.(4) The storage of asphalt to be recycled or otherwise used in road construction projects at Maine Dept. of Transportation (MDOT) or Maine Turnpike Authority (MTA) facilities, provided the total area at the facility used for asphalt storage is less than 1/2 acre and the asphalt is stored for no more than 36 months.(5) Garbage cans (and other rubbish containers) and bulk storage collection bins for the collection of normal commercial and household solid wastes at individual or clusters of residences and institutional, commercial, recreational or industrial establishments, that are located on the premises served.(6) Leakproof garbage cans (and other rubbish containers) and bulk storage collection bins located at MDOT or MTA facilities for collection and temporary storage of putrescible material retrieved as roadside debris.(7) Temporary storage for a maximum of 2 days of municipal solid waste ("MSW") in a vehicle licensed in accordance with the applicable provisions of 06-096 CMR ch. 411, provided the MSW arrives at and leaves the storage area in the same vehicle.(8) Temporary storage for a maximum of 30 days of wood waste, construction or demolition debris, tires, and/or white goods at one collection center as part of an annual or semi-annual municipally-authorized collection program.(9) Temporary storage for a maximum of 45 days of non-putrescible solid wastes solely from commercial or industrial businesses, or state or federal agencies, when located on property controlled by the business or agency.(10) The separate storage of a 12-month or less supply of wood waste and/or wood from construction or demolition debris when the waste will be used as a fuel.(11) The separate storage of a 12-month or less supply of wood waste generated at an active wood products facility when stored for an identifiable commercial or other use.(12) The separate storage of wood waste derived erosion control and mulch material at landscape businesses and MDOT maintenance lots, or similar locations as approved by the Department on a case-by-case basis, for use solely as mulch or an erosion control material, provided the total area used for storage of chipped landclearing debris is no more than 1 acre and it is stored for no more than 24 months. Individual storage piles may not exceed 10,000 square feet in size, and there must be 30 foot mineral strips between the piles.(13) The separate storage of a 6-month supply or less of wood waste derived erosion control and mulch material stored at MDOT or MTA-controlled construction sites where the material is to be used.(14) Scrap metal salvage facilities, exclusive of any areas used to store tires.(15) Accumulations of less than 1000 tires utilized in agricultural activities or as weights at landfills.(16) The household storage or use of no more than 50 tires.(17) Accumulations of tires at governmental agencies, retail tire dealers, tire retreaders, or other commercial businesses which remove or accept tires from motor vehicles, provided that no more than a total of 1000 tires are stockpiled at any time and provided tires removed from the site are removed by a licensed non-hazardous waste transporter.(18) Accumulations of tire derived fuel ("TDF"), when the TDF is to be used as a fuel and provided the total volume for TDF storage will be less than 5000 square feet by 6 feet high.(19) Paint exchange activities conducted on an impervious surface, provided all paints are from households and are in their original containers, the paints are stored so as to be kept suitable for their intended use, and the exchange is under the overall supervision of a qualified person.(20) The handling of dry cell mercuric oxide and/or rechargeable batteries in accordance with the provisions of 38 M.R.S.A. §2165 and the State's Battery Management Plan.(21) The storage of solid waste at the site of a Department-supervised remediation project, including tire remediation sites.(22) Temporary storage for a maximum of 90 days of tire chips stored at MDOT or MTA-controlled construction sites where the material is to be used.(23) The storage of solid waste for use as select waste when the storage is approved by the Department during the licensing of a landfill.(24) The storage of sludge at wastewater treatment plants.06- 096 C.M.R. ch. 402, § 1