Section 096-409-1 - ApplicabilityThis Chapter applies to solid waste processing facilities. A solid waste processing facility license under Chapter 400 and this Chapter is required to locate, establish, construct or operate any new processing facility or to alter an existing processing facility, unless that facility is exempt from licensing under these rules.
A.Facilities Subject to the Requirements of this Chapter. A processing facility is any land area, structure, equipment, machine, device, system, or combination thereof, other than licensed incinerators, that is operated to reduce the volume or change the chemical or physical characteristics of solid waste. Processing facilities include but are not limited to facilities that employ shredding, baling, mechanical and magnetic separation, or other stabilization techniques to reduce or otherwise change the nature of solid waste. Processing facilities include, but are not limited to, facilities that: (1) Shred automobiles, white goods, scrap metal, machinery, vehicles, tires, demolition debris, wood waste or other similar materials;(2) Shred, separate, or otherwise increase the heat input value of municipal solid waste to produce refuse-derived fuel;(3) Aerobically digest, anaerobically digest, air dry, heat dry, heat treat, lime stabilize, pelletize, chemically treat, irradiate, pasteurize, or otherwise reduce pathogens or stabilize residuals, including dewatered septage, to render the residual suitable for agronomic utilization in accordance with the standards of Chapter 419;(4) Process solid waste to render the waste suitable for beneficial use in accordance with the standards of Chapter 418.B. Facilities Not Subject to the Requirements of this Chapter. In addition to the facilities listed in Chapter 400, section 2, the following facilities are exempt from the requirements of this Chapter: (1) Facilities that process solid waste generated at the same facility prior to reuse in that facility.(2) A compactor, baler or shredder used inside an industrial plant where such a process exclusively serves that plant.(3) Mobile chippers for the chipping of bark, brush, stumps, slabs, edgings and slash when the chipper is used on a site for less than 30 days, and, unless otherwise allowed by these rules, all processed material is removed from the site in accordance with these rules within 30 days of completion of processing.(4) Processing systems that are used for treatment of contaminated soils from sites being remediated under Department supervision, including land spreading or land farming conducted in accordance with Department guidelines, provided that processing is also conducted under Department supervision. NOTE: The beneficial use of treated soils from Departmental supervised clean-ups are exempt from regulation under these rules provided they are used at the contamination site pursuant to Chapter 418, section 2(Q). Beneficial use off the site is subject to the rules in Chapter 418 (Beneficial Use) or 419 (Agronomic Utilization).
(5) Facilities blending or mixing residuals if regulated under a program license issued pursuant to Chapter 419;(6) Facilities that stabilize sewage sludge with alkaline agents at a sewage treatment plant if regulated under a program license issued pursuant to Chapter 419;(7) Facilities that lime stabilize septage at a septage land application site or septage storage site licensed under Chapter 420;(8) Mobile tire shredder or rim crusher or cutter when the unit is operated on the site of a licensed solid waste facility for less than 30 days per year, and all processed material is removed to Department approved facilities within 30 days of completion of processing;(9) Mobile white goods, metal, or car shredder or crusher when the unit is operated on site for less than 30 days per year, and all processed material is removed to Department approved facilities within 30 days of completion of processing; and NOTE: Facilities handling junk vehicles must comply with 30-A M.R.S.A. section 3752 et seq.
(10) Mobile chippers processing demolition debris for use as fuel when the chipper is located at a licensed transfer station, provided processed material is removed within 30 days of processing.(11) Transfer stations that are licensed pursuant to Chapter 402 and that compact, bale or otherwise process solid waste consistent with the normal operation of a transfer station.(12) Solids dewatering units, such as belt filter presses, located at a wastewater treatment plant, but not including composting facilities which require a license pursuant to Composting Facilities, 06-096 CMR 410;(13) Mobile tire shredder or rim crusher or cutter when the unit is operated under Department supervision on the site of a Department approved scrap tire remediation projectC.Transition and relationship to Other Solid Waste Rules(1) Existing processing facilities: (a) All existing solid waste processing facilities must comply with the applicable operating requirements of this chapter.(b) The following previously issued licenses for existing facilities remain in effect, subject to the conditions specified in Chapter 400 section 3.E: (i) wood waste processing facilities licensed pursuant to Chapter 404 (effective May 24, 1989, repealed on November 2, 1998); and(ii) processing facilities licensed pursuant to Chapter 409 (effective May 24, 1989, repealed on November 2, 1998). (2) Composting of solid waste: The composting of solid waste is subject to the licensing requirements of the Maine Solid Waste Management Rules: Composting Facilities, 06-096 CMR 410.(3) Beneficial Use of Solid Waste: The beneficial use, other than agronomic utilization, of a secondary material produced by a processing facility is subject to Chapter 418.(4) Agronomic utilization of residuals: The agronomic utilization of a residual produced by a processing facility is subject to Chapter 419.(5) Storage: (a) The storage of solid wastes at processing facilities is governed by this chapter, except that, when warranted by unusual circumstances, the Department will require compliance with appropriate siting, design, or operational standards from Chapter 402. NOTE: An unusual circumstance might be the collection and storage of used motor oil at a processing facility.
(b) Secondary materials produced at processing facilities and stored at other locations in Maine for beneficial use must meet the applicable standards of Chapter 402 and 419.(c) Residuals produced at processing facilities and stored at other locations in Maine prior to agronomic utilization must meet the applicable standards of Chapter 419.(6) Analysis: Characterization of waste and secondary materials required by this Chapter must be done in accordance with the applicable provisions of Chapter 405 unless otherwise specified.06-096 C.M.R. ch. 409, § 1