06- 096 C.M.R. ch. 402, § 2

Current through 2024-51, December 18, 2024

Section 096-402-2 - Licensing of New Transfer Stations or Storage Sites, or Alterations of Existing Facilities

Except for those facilities that qualify for a license under sections 3, 6 or 7, applicants proposing to establish a new transfer station or storage site or to alter an existing transfer station or storage site shall obtain a license pursuant to this section and 06-096 CMR ch. 400, section 4.

A.Transfer Station or Storage Site Siting Requirements

(1) Located on the mainland or on an island connected to the mainland by a road. All transfer stations or storage sites regulated by this section and located on the mainland or on an island connected to the mainland by a road shall meet the following siting requirements:

(a)Proximity to solid waste disposal facility boundaries. A storage site or transfer station and its associated structures must not be located within 100 feet of the solid waste boundary of an active, inactive or closed solid waste disposal facility.

(b)Setbacks. The following setbacks must be maintained:

(i) The waste handling area must not lie closer than 500 feet to the nearest residence in existence at the time the application is filed.

(ii) There must be a minimum of a 100 foot setback between the waste handling area and all public roads.

(iii) The waste handling area of a transfer station or storage site that does not handle municipal solid waste must not be within 100 feet of an abutting property boundary.

(iv) The waste handling area of a transfer station or storage site that handles municipal solid waste must not be within 250 feet of an abutting property boundary unless:

a. Using the form provided as Appendix A of this chapter, the applicant obtains the written permission of all property owners within 250 feet of the proposed waste handling area, whether or not their property abuts the property proposed to contain the transfer station, or

b. The Department finds the use of the abutting property to be compatible with the operation of a transfer station or storage site at the proposed location, and the proposed waste handling area is not placed within 250 feet of any permanent structure on an abutting property existing at the time the application is submitted.

(2)Located on an island not connected to the mainland by a road. All transfer stations or storage sites regulated by this section and located on an island not connected to the mainland by a road shall meet site-specific setback distances from residences, property boundaries, and public roads as established by the Department on a case-by-case basis, based upon information submitted to the Department. The setbacks will be sufficient to minimize unreasonable adverse impact on residents, and the compatibility of the transfer station or storage site with abutting property uses will be considered. If all abutting landowners give written approval to the location of the proposed transfer station or storage site's handling site, the Department shall find that the proposed setbacks are reasonable and compatible. For a transfer station or storage site located adjacent to an active, inactive, or closed landfill, the Department will establish setback distances from the landfill sufficient to ensure human safety and the integrity of the landfill.

(3)Compatibility. The Department will consider the following factors in determining whether the use of abutting property is compatible with the operation of a transfer station or storage site:

(a) Whether the abutting property contains an active or closed landfill or other solid waste facility, or contains other commercial or industrial activities similar to the transfer station such as a warehouse, shipping distribution center, or heavy equipment or construction company.

(b) Whether the abutting property is in a location regulated by municipal or state zoning ordinances, and the proposed transfer station is not located within 250 feet of an area zoned residential, and is proposed to be located in an area where solid waste facilities are not prohibited uses.

(c) Whether the abutting property is in a location not regulated by municipal or state zoning ordinances, and the properties within 250 feet are completely forested and there are no permanent structures located within 500 feet of the proposed waste handling area.

(d) Whether the abutting property is in a location not regulated by municipal or state zoning ordinances, and the properties within 250 feet are not completely forested and there are no permanent structures located within 1000 feet of the proposed waste handling area.

(4)Protected Natural Resources. A transfer station or storage site shall not be located:

(a) Within 100 feet of a protected natural resource; or

(b) In, on or over a protected natural resource, or on land adjacent to the following areas, without first obtaining a permit pursuant to 38 M.R.S.A. §480-A et seq.:

(i) A coastal wetland, great pond, river, stream or brook, or significant wildlife habitat contained within a freshwater wetland; or

(ii) Freshwater wetlands consisting of or containing:

a. Under normal circumstances, at least 20,000 square feet of aquatic vegetation, emergent marsh vegetation or open water, except for artificial ponds or impoundments; or

b. Peatlands dominated by shrubs, sedges and sphagnum moss.

(5)Unstable Areas. A facility site licensed under this section shall not overlie an unstable area.

B.Transfer Station or Storage Site Design Requirements

(1) Suitable barriers or fencing and gates to limit unauthorized persons access to the facility site must be provided.

(2) Separate storage areas must be provided for each different waste stream accepted at the transfer station or storage site.

(3) Storage of putrescible waste must be in a covered structure or in covered leakproof containers.

(4) Each uncovered individual storage areas for white goods, tires, and construction and demolition debris must be no greater than 2,500 square feet in size unless a need for a larger storage area has been demonstrated to the Department and the facility has a Department-approved maintenance plan. Any tire pile greater than 625 square feet must be surrounded by a fire break consisting of a 25 foot mineral strip. All grasses, weeds, slash, brush, debris, and other combustible material must be removed from this fire break.

(5) An uncovered storage area for wood wastes and/or wood from construction or demolition debris must be no greater than 1 acre in size unless a need for a larger storage area has been demonstrated and the facility has a Department-approved maintenance plan. This plan must provide for flow-through of wood wastes and/or wood from construction or demolition debris, and periodic clean-up and maintenance of the storage areas. If wood waste and/or wood from construction or demolition debris is to be burned, the applicant must provide adequate fire protection for the burn area. The burn area must be no larger than 625 square feet, unless the need for a larger area has been demonstrated and approved by the Department. It must be surrounded by a fire break consisting of a strip at least 25 feet wide cleared to mineral soil, then a 25 foot wide grass strip. No treated wood may be placed in the burn area.

(6) There must be a minimum of 2 feet separation between uncovered storage areas for wastes, and the seasonal water table and bedrock at facilities which are not located on a sand and gravel deposit, unless the wastes are containerized or on a paved pad. If necessary, till soil may be added to create the 2 feet of separation. If paved base pads are proposed, run-on/runoff controls must be designed into the facility.

(7) A transfer station or storage site proposed to be located on a sand and gravel deposit and which proposes the uncovered storage of wastes must either construct base pads for the individual storage areas over the in-situ sand and gravel soil, or containerize all wastes. If base pads are proposed, the pads must either be paved areas with run-on/runoff controls or 2 foot thick till (between 15 and 35% fines) pads, placed over the sand and gravel.

(8) No disposal of solid waste other than inert fill may occur at a transfer station or storage site.

(9) The facility design must include provisions for the washdown, dry cleanup, or other cleanup of the transfer station or storage site. Sanitary disposal of any wastewater, leachate and washdown waters must be in accordance with 38 M.R.S.A. §413. The facility design must include provisions to contain, collect and, if applicable, treat leachate. Washdown waters and leachate must not be disposed of on-site without the Department's approval, but must be retained in a holding tank or similar structure.

(10) The facility design must include provisions for the control of odors, if putrescible wastes are handled.

(11) A transfer station or storage site that accepts waste oil must store the waste oil in aboveground tanks that are secured to prevent the tanks from tipping over. Tanks must be protected from vehicular traffic by bollards or similar devices. Tanks must be constructed of steel or other nonporous material. They may not be located where any leaks could drain into sewers, floor drains, or storm water catch basins, and:

(a) If a tank is located outdoors, the tank must be watertight, either double-walled or have a secondary impervious containment system that has the capacity to hold a minimum of 110% of the contents of the tank. The tank and the secondary containment system must either be covered with a roof or provisions made for removing liquids which accumulate in the containment system.

(b) If a tank is located inside a building, it must have rigid piping, a funnel that is rigidly attached, and either be double-walled or have an alternate means of secondary containment that has the capacity to hold a minimum of 50% of the contents of the tank.

(12) All transfer stations or storage sites that accept waste paint must store the paints in a covered, well-ventilated structure having an impervious floor. The paints must be stored so as to be kept suitable for their intended use.

(13) One-day or two-day household hazardous waste collection events may be held provided that the location chosen is on a base which is a firm impervious surface and which is kept entire.

(14) A transfer station or storage site which has been determined to pose a potential threat to public health or safety or the environment because of the nature of the wastes stored at the solid waste facility and/or the location, design and operation of the facility, must have a monitoring program designed and implemented in accordance with the applicable requirements of 06-096 CMR ch. 405.

C.Application Requirements. Any person seeking to establish a transfer station or storage site under this section shall provide information sufficient to meet the standards and submission requirements of 06-096 CMR ch. 400, section 4, subsections A, B, C, D, F, G, I, and N. The remaining standards of Chapter 400, section 4 are met if the applicant demonstrates that the siting and design standards, and application requirements, of this section have been met. The applicant shall submit to the Department, on application forms provided by the Department, the following information:

(1)Description. A written description of the proposed transfer station or storage site including any other types of solid waste functions to be incorporated, such as recycling and/or the collection of household hazardous waste.

(2)Topographic Map. The most recent full-size U.S. Geological Survey topographic map (7.5 minute series if printed) of the area, showing the waste facility boundary and the property boundary.

(3)Waste Handling Area Setbacks. The following information for all transfer stations and storage sites.

(a) The land uses of all abutting properties located within 250 feet of the proposed waste handling area;

(b) The location and distances to the proposedwaste handling area from all permanent structures on these properties; and

(c) If municipal solid waste will be handled and, if necessary to obtain approval for proposed setbacks, written statements, using the template provided as Appendix A of this chapter, from all property owners having any boundary that is within 250 feet of the proposed waste handling area granting permission to locate the waste handling area within that distance. If a statement from a property owner having a boundary within 250 feet is not available, an applicant shall provide documentation of its efforts to obtain written statements.

(4)Siting and Design Information

(a)Plan View Drawing of the Facility Site. A detailed drawing, at a scale of 1 inch = 100 feet or a larger engineering scale and prepared by a qualified professional, must clearly show all items required in the Department application to 500 feet beyond the property boundary. This drawing must clearly indicate any buildings proposed as part of the facility site (including foundations), the compactor unit(s), transfer trailer(s), storage pads for wastes, water lines, sewer lines, uncovered storage pads, fire breaks, and any other types of solid waste management functions to be incorporated at the transfer station or storage site.

(b)Subsurface Investigation. A subsurface investigation must be conducted whenever the proposed transfer station or storage site includes the use of in-situ soils as any part of a soil base pad for stored solid wastes, includes structures requiring foundations, or includes subsurface wastewater holding or disposal systems. The data must consist of soil test data in the proposed handling areas from a certified professional describing the surficial geology and/or the subsurface soils. This information must demonstrate that the facility design is compatible with the site's soil characteristics, as determined by applicable engineering standards of practice.

(c)Storage Pad Design

(i) If any uncovered storage pads for white goods, tires, or construction and demolition debris are proposed to be greater than 2,500 square feet in size, a demonstration that the proposed size is necessary must be submitted. The demonstration must include information on volumes of the wastes to be delivered to the proposed facility, hauling schedules for removal of the wastes, and a maintenance plan for handling the larger volume of wastes which provides for flow-through of wastes and periodic clean-up and maintenance of the storage areas.

(ii) If an uncovered storage area for wood waste, and/or wood from construction or demolition debris, greater than 1 acre in size is proposed, a demonstration that the proposed size is necessary must be submitted. The demonstration must include information on volumes of the waste to be delivered to the proposed facility, a hauling schedule for removal of the waste, and a maintenance plan for handling the larger volume of waste which provides for flow-through of the wastes and periodic clean-up and maintenance of the storage areas.

(iii) Non-containerized uncovered storage areas for solid wastes that are not putrescible wastes will be designed to meet the criteria of section 2(B)(6) or 2(B)(7), above.

(iv) If wood waste and/or wood from construction or demolition debris is to be burned, the burn area will be designed to meet the criteria of section 2(B)(5), above.

(v) If one or more tire storage areas are to be greater than 625 square feet in size, the tire storage area will be designed to meet the criteria of section 2(B)(4), above.

(5)Existing Uses and Scenic Character. An applicant shall provide information sufficient to meet the standards and submission requirements of 06-096 CMR ch. 400, section 4(F), except that transfer stations and storage sites which do not grind or chip wood waste more than 4 times per year are assumed to meet the noise standards of 06-096 CMR ch. 400, section 4(F).

(6)Other Natural Resources. An applicant shall provide information sufficient to demonstrate the facility meets the siting requirements of section 2(A)(4), above.

(7)Adequate Provisions for Utilities. An applicant shall provide the following information to demonstrate compliance with the standards of 06-096 CMR ch. 400, section 4(L).

(a) Information sufficient to demonstrate the transfer station or storage site meets the design requirements of section 2(B)(9), above. A schedule for pumping and signed contracts for disposal of stored washdown water and leachate must also be submitted.

(b) In cases where a water supply is or will be established for the transfer station or storage site, a description of the source and its location must be provided.

(8)Flooding. The following information must be provided to demonstrate compliance with the standards of 06-096 CMR ch. 400, section 4(M).

(a)Floodplain map. An applicant shall provide the most recent Federal Emergency Management Agency's flood insurance rate map of the area, if applicable, to demonstrate that the proposed transfer station or storage site will not be located in a 100 year floodplain, restrict the flow of a 100-year flood, or reduce the storage capacity of a floodplain.

(b)Storm Water Control Plan. An applicant shall provide either a stormwater management plan that meets the submission requirements of 06-096 CMR ch. 400, section 4(M), or a certification by a qualified professional that the siting and/or design of the proposed facility will not result in post-construction runoff that is greater than pre-construction runoff.

(9)Provisions for the Removal of Solid Wastes. Signed contracts must be submitted for the removal and/or disposal of all putrescible wastes handled at a transfer station or storage site. Volume estimates and schedules for removal of all waste streams to be handled at the facility must be submitted. All solid wastes stored for beneficial use or recycling must be stored so as to keep them suitable for their intended use and must be removed to a solid waste facility licensed to accept them at least every 2 years.

(10)Operations Manual. An operations manual prepared in accordance with section 4 must be submitted.

D. Final Construction Certification and Report. A final construction report must be submitted by the licensee to the Department within 30 days following construction completion and prior to the commencement of operations. For facilities not owned by municipalities, a qualified individual shall certify in writing that the site has been constructed in accordance with the approved drawings and specifications. For municipally-owned facilities, a municipal official shall certify in writing that the site has been constructed in accordance with the approved drawings and specifications. If it cannot be certified that the site was constructed in accordance with the approved drawings and specifications, an application to modify the solid waste facility shall be submitted within 30 days of the completion of construction. Operation of the transfer station or storage site may not commence until the modification is approved by the Department.

E.Annual Reports. Annual reports for a transfer station or storage site must be prepared and submitted to the Department in accordance with the provisions of section 5.

F. Closure. An applicant shall close a transfer station or storage site in accordance with the provisions of section 4(S).

06- 096 C.M.R. ch. 402, § 2