Section 096-402-3 - Reduced Procedures For Selected New Transfer Stations Or Storage SitesA.Applicability(1)New transfer stations or storage sites. This section applies to new transfer stations or storage sites that meet all of the following conditions: (a) The waste handling area is less than 2 acres,(b) Only household and commercial waste is handled, and(c) The transfer station or storage site is sited and designed in accordance with the requirements of this section, and operated in accordance with section 4. Failure to meet any of these conditions will require formal application to the Department for a license to develop and operate the transfer station or storage site under section 2.
(2)Existing permit-by-rule transfer stations or storage sites(a) Existing transfer stations or storage sites previously licensed under a permit-by-rule are regulated under this section as of the effective date of these rules.(b) Applicants proposing to alter an existing transfer station or storage site previously licensed under a permit-by-rule may obtain a license for the alteration pursuant to this section if the facility can continue to meet all the criteria specified in this section after the modification is complete.B.Reduced procedure 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 shall 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, 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, 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)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. (4)Unstable Areas. A facility site licensed under this section shall not overlie an unstable area.C.Reduced procedure 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) Only household and commercial solid waste may be handled at the transfer station or storage site.(5) The waste handling area for the transfer station or storage site is less than 2 acres in size.(6) 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.(7) If a tire storage area greater than 625 square feet is planned, it 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.(8) 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.(9) 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.(10) No disposal of solid waste other than inert fill may occur at a transfer station or storage site.(11) 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.(12) The facility design must include provisions for the control of odors, if putrescible wastes are handled.(13) 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.(14) 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.(15) 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.D.Reduced procedure application requirements. The Department assumes that transfer stations and storage sites licensed under this reduced procedure will meet the standards of 06-096 CMR ch. 400, section 4, because of the small scale of these facilities, provided that the applicant submits information sufficient to meet the standards and submission requirements of 06-096 CMR ch. 400, section 4, subsections A, B, C, F, G, I, and N and demonstrates that the siting and design standards, and application requirements, of this section have been met. The applicant shall submit to the Department, on 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(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)Site Drawing. An accurate, drawn to scale, site drawing of the transfer station or storage site clearly showing property boundaries, existing utilities and structures to 500 feet beyond the property boundary, proposed structures, proposed storage pads, interior roadways with traffic circulation patterns marked, fire breaks, and any other features connected to the construction and operation of the transfer station or storage site.(b)Subsurface Investigations Data. 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. Non-containerized uncovered storage areas for solid wastes that are not putrescible wastes will be designed to meet the criteria of section 3(C)(8) or 3(C)(9), above.(d)Fire breaks. 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 3(C)(6), above. If a tire storage area greater than 625 square feet is planned, it will be designed to meet the criteria of section 3(C)(7), above.(e)Traffic Movement. An applicant shall provide the following traffic information to demonstrate compliance with the traffic movement standards of 06-096 CMR ch. 400, section 4(D). (i) The size, number, and types of vehicles that will be using or serving the proposed solid waste facility after full operation begins.(ii) A copy of the Maine Department of Transportation entrance permit, if applicable, or if the solid waste facility entrance is not located on a state supported highway, certification by the municipality's Code Enforcement Officer or other appropriate official that safe sight distances will exist in all directions.(f)Natural Resources. An applicant shall provide information sufficient to demonstrate the facility meets the siting requirements of section 3(B)(3), above. (g)Erosion and Sedimentation Control. An applicant shall provide an erosion and sedimentation control plan which meets the standards and submission requirements of 06-096 CMR ch. 400, section 4(J).(h)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). (i) Information sufficient to demonstrate the transfer station or storage site meets the design requirements of section 3(C)(11), above. A schedule for pumping and signed contracts for disposal of stored washdown water and leachate must also be submitted.(ii) 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.(i)Flooding. The following information must be provided to demonstrate compliance with the standards of 06-096 CMR ch. 400, section 4(M). (i)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.(ii)Storm Water Control Plan. An applicant shall provide either a stormwater management plan which 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.(5)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.(6)Operations Manual. An operations manual prepared in accordance with section 4 must be submitted.E. 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 must 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.F.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.G. 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, § 3