06- 096 C.M.R. ch. 409, § 4

Current through 2024-51, December 18, 2024

Section 096-409-4 - Operating Requirements

Each processing facility subject to licensing under sections 2 and 3 must comply with the following operating requirements. Facilities with an existing solid waste processing license are required to operate in compliance with the provisions of this section.

A.Operations Manual. All processing facilities must be operated in accordance with an operations manual that incorporates the operating requirements of its license and these rules. This manual must be available for inspection by Department staff during normal business hours. The facility's operations manual must be updated to keep current with revisions at the processing facility.

The operations manual must include the information that would enable supervisory and operating personnel, and persons evaluating the operation of the facility, to determine the sequence of operation, policies, procedures, monitoring, maintenance, inspection, and legal requirements that must be followed for safe and environmentally sound operation on a daily and yearly basis. The manual must address all items contained in this section. The manual must also include a copy of the facility license, any amendments and revisions to that license, and a copy of the applicable sections of the most recent Solid Waste Management Regulations.

B.General Operations

(1) Operations: The processing facility must be operated and maintained in a manner that assures it will meet the approved design requirements, will not contaminate ground or surface water, contaminate the ambient air, constitute a hazard to health or welfare, create a nuisance, and will meet the standards in Chapter 400, section 4.

(2) Personnel: The operation of the processing facility must be under the overall supervision and direction of a person qualified and experienced in the operation of that type of facility or, in the case of an innovative design, be adequately trained by responsible personnel in the operation of the facility. The facility operator must take whatever measures are necessary to familiarize all personnel responsible for operation of the facility with relevant sections of the operations manual.

(3) Equipment: Equipment must be sufficient to meet the requirements, and the operator must provide for the routine maintenance of equipment.

(4) Environmental Monitoring: The operator must implement the approved environmental monitoring program, including any required waste characterization.

(5) Fire Protection: The operator shall prevent and control fires at the processing facility by complying with at least the following:

(a) Arrange for a nearby fire department to provide emergency service whenever called;

(b) Develop and implement a plan to prevent spontaneous combustion in wood waste and residual piles, as applicable; and

(c) Provide and maintain sufficient on-site equipment, such as detachable fire extinguishers, for minor fires.

(d) At tire processing facilities, unless alternative fire protection measures were previously licensed by the Department, a fire break consisting of the following must be maintained:

(i) each outside storage area for tires, both before and after processing, must be separated by a thirty-five foot minimum mineral strip.

(ii) a 100 foot fire break must be constructed around the ground surface perimeter of the storage area(s). All slash, brush, debris and other combustible material must be removed for a distance of 100 feet in all directions outside the perimeter. Other fire control measures may be proposed if the local fire ranger and the jurisdictional fire chief for the municipality in which the facility is proposed to be located give written approval of the alternative measures. A copy of the written approval must be retained in the operations manual.

NOTE: Facilities should develop a fire and rescue plan in conjunction with the local fire department.

(6) Vector Control: The on-site population of disease vectors must be minimized to protect public health.

(7) Dust Control: The operator must control dust generated by the facility.

(8) Storage at facilities other than tire processing facilities:

(a) Raw materials, wastes, and secondary materials, including processed residuals, must be stored on the site such that they remain suitable for the intended use.

(b) Materials with a carbon to nitrogen ratio (C:N) of less than 20:1 or that may contain constituents that may leach into groundwater may not be stored on in situ soils.

(c) Wastes and secondary materials may not be stored at the site for more than 2 years.

(9) Storage at tire processing facilities:

(a) Tires, incoming and processed, that will be stored outside must be positioned into distinct piles. The storage areas must be established and maintained as approved in the license for the facility. No single pile of whole tires may exceed 5,000 square feet. No single pile of chipped or processed tires may exceed 10,000 square feet. The height of any pile must not exceed 10 feet.

(b) Tires, both incoming and processed, must be stored on the site such that they remain suitable for the intended use.

(c) Whole and processed tires may not be stored at the site for more than 2 years. Provisions must be made for the flow through of tires, and clean up and maintenance of the storage areas.

(d) Compaction: Compaction must not occur on piles of chipped or processed tires unless the facility implements the following temperature monitoring program to detect heating of the piles. The records of temperature readings must be kept on site and be available for inspection by the Department upon request. The high temperature zone(s) of each pile must be identified and monitored by sufficient numbers of fixed temperature monitoring probes installed in the pile to ensure that all zones of high temperature are detected.

(i) Routine temperature readings must be taken weekly and recorded.

(ii) If a weekly reading exceeds 100 degrees F. in a pile, readings shall be taken daily and recorded until the temperature readings return to 100 degrees F. or less for two consecutive readings.

(iii) if any temperature reading exceeds 150 degrees F., the pile will be turned over and aerated to reduce the highest core temperature to 100 degrees F. or less.

(10) Manifests: The operator shall keep copies of non-hazardous waste manifests for tires delivered to the facility. The manifests shall be available for inspection by the Department upon request.

(11) Litter Control: The operator must provide for routine maintenance and general cleanliness of the entire facility site, including control of windblown litter.

(12) Leachate: Facilities must contain, collect and treat leachate and runoff mixed with leachate.

(13) The facility must control sedimentation and erosion during construction and operation of the facility.

C. Access to Facilities

(1) The operator must maintain suitable barriers or fencing and gates to prevent unauthorized persons access to the site. The facility gate may be unlocked or open only when an authorized person is on duty. The operator must prominently post limitations and conditions of access at each entrance to the facility, including, if applicable, the hours of operation.

(2) The operator must provide and maintain in good repair access roads at the facility site.

(3) The operator must post appropriate signs and/or other means necessary to indicate clearly where waste is to be unloaded and where the separate storage areas within the facility are located.

(4) Adequate space must be maintained to allow the unobstructed movement of emergency personnel and equipment to operating areas of the facility.

D.Acceptance and Distribution of Solid Waste

(1) The processing facility may only accept wastes for which the facility has been specifically designed and permitted by the Department. Incoming wastes must undergo a visual inspection and, if appropriate, analysis to ensure that only wastes allowed by the facility license are accepted at the facility. All other wastes must be removed and handled at an approved facility.

(2) All processing facilities must implement a Hazardous and Special Waste Handling and Exclusion Plan developed in accordance with Chapter 400, section 9.

(3) Secondary materials, including processed residuals, must be distributed in accordance with the provisions of Chapter 418 or Chapter 419, or other applicable standards of these rules.

(4) Waste Disposal: The operator must have procedures in place, prior to the start of operation, for disposal of bypass and other solid waste generated by the processing facility, including contingency procedures for implementation during emergencies and shutdown periods. The operator must also maintain a valid contract with a solid waste facility which has Department approval to accept the waste.

(5) Wood treated with arsenic or pentachlorophenol may not be beneficially used in the production of biomass fuel or mulch by the facility. Wood for biomass fuel shall meet the fuel standards in Chapter 418, section 6(B)(4). All such treated wood must be stored separately from wood to be used as biomass fuel or mulch and disposed in an approved solid waste disposal facility.

(6) Use of residues from the processing of construction and demolition debris as landfill alternative daily or operational cover or as shaping and grading material must meet the applicable provisions of Chapter 401, sections 4(C)(8), 5(G)(3), and 7(H)(10).

E. Waste Characterization

(1) Facilities that generate residue requiring disposal and that are subject to the provisions of section 4(I)(1) below, must conduct ongoing characterization of wastes accepted at the facility and of residues that leave the facility for disposal. Waste characterization will be conducted in accordance with a method approved by the Department and incorporated by the operator into the facility's operations manual. Data and results from waste characterizations will be recorded and submitted on forms developed and provided by the Department.

(2) Transition

(a) Existing processing facilities subject to the requirements of this subsection must submit a waste characterization plan for Department review and approval within 60 days of the effective date of this rule. Waste characterization data and results must be submitted beginning with the annual report due February 28, 2012.

(b) By September 1, 2011, existing processing facilities subject to the requirements of this subsection must submit an interim report which includes the data and information required by Section 4.I(1)(a)(b) and (c) gathered to date, and a narrative discussing progress in implementation of the characterization program required by Section 3E(1) and ongoing recycling and reuse efforts by the facility.

NOTE: The Department expects that visual assessment of waste types and for estimations of volumes/weights will generally provide adequate data for waste characterization for processing facilities subject to section 4(E). Each facility however, will be required to establish methods appropriate to its specific operation and circumstances, and designed to yield accurate and representative data and information for reporting purposes. The department will develop and provide guidance on visual assessment methods to regulated facilities. The September 1, 2011 interim report required by Section 3.E(2) above, will not be used by the Department as the basis for a determination of compliance with the recycling and reuse standards of Section 4.I(d) and (e).

F.Odor Control

(1) For facilities other than those that process wastewater treatment sludge from publicly owned treatment works and facilities that process septage:

(a) The facility must be operated to prevent nuisance odors at occupied buildings.

(b) Facility personnel must immediately contact the Department to report odor complaints received by the facility. The Department, after investigation, will determine whether the facility has caused a nuisance odor at an occupied building. Facility personnel must, within 30 days of a Department determination of an off-site odor nuisance, report to the Department, in writing, causes of odor generation and completed or planned follow-up action to minimize, control, and treat the odors from the facility.

(2) For facilities that process wastewater treatment sludge from publicly owned treatment works and facilities that process septage:

(a) Standards. The facility may not create nuisance odor, as defined in this subsection, at or beyond the property boundary. The Department may determine that an odor attributable to the facility constitutes a nuisance if present at such frequency, intensity, duration, and offensiveness to unreasonably interfere with the enjoyment of property or the environment.The Department may also reasonably determine that an odor event as defined by a single occurrence of odor warrants further evaluation in accordance with paragraph b(i). Additionally, the Department may determine that further evaluation of an odor event is warranted in accordance with paragraph b(i) based upon multiple odor complaints verifiable by a combination of the following: meteorological conditions such as wind direction at the time of complaint, knowledge of waste storage and placement practices at the time of complaint, previous facility inspections, and other site-specific information.

NOTE: The Department's standards with respect to nuisance odor as set forth in this rule are not intended to define the criteria for a civil action for private nuisance as defined by statute or common law.

(i) The following standards apply to a facility upon the detection of an odor based on the modified 5-point odor intensity referencing scale, as determined by Department staff trained in odor evaluation, or other trained persons approved by the Department:

a. Odor shall constitute a nuisance if the Department determines the presence of an odor at an intensity of 4 or greater for any period of time; or

b. Odor may constitute a nuisance based upon the Department's review of an odor event consisting of the following:

i. An intensity greater than or equal to 3 for a duration of 60 minutes or more on at least 3 days in any 30-day period. At least 3 odor assessments must be made within the 60-minute period. An odor assessment means a single evaluation of odor; or

ii. An intensity greater than 2 but less than 3 for a duration of 90 minutes or more on at least 4 days in any 30-day period. At least 4 odor assessments must be made within the 90-minute period.

NOTE: Preparation of the modified 5-point odor intensity referencing scale is described in Appendix A.

(ii) Alternative Odor Measurement Technology. The Department may allow the use of an alternative odor measurement technology based upon a successful demonstration that the proposed alternative will provide equal or superior performance to the modified n-butanol odor intensity referencing scale. If previously approved in an odor management plan, the Department may also allow a facility to demonstrate compliance with the intent of paragraph a(i)(b) based upon the measurements of a site-specific odorant of concern.

(iii) Allowances. The Department may allow temporary exceedances of the standards of paragraph a(i)(b) during short-term shutdown and malfunction events of the odor control systems and, with prior authorization, during short-term construction activities provided that all of the following conditions are met:

a. Reasonable methods are used to control, reduce or eliminate odor;

b. The odor management plan is being implemented;

c. Procedures are established to notify the Department and the affected community; and

d. Shutdown and malfunction events are corrected as soon as practicable.

(b) Odor Response Procedures. Odor response procedures must include the elements of this paragraph.

(i) Odor Event Evaluation. The owner/operator of a facility identified by the Department as potentially responsible for a nuisance odor must investigate the odor event and report the results of the investigation to the Department. The investigation must include an evaluation of:

a. Facility operations at the time of the exceedance including waste handling and management activities;

b. Meteorological conditions such as wind direction, temperature, and humidity at the time of the exceedance;

c. Odor monitoring data;

d. Potential response actions and/or a summary of response actions performed; and

e. Other pertinent site-specific information.

(ii) Review of Odor Event(s). The Department shall review the information related to the odor event(s) and may determine that the facility is creating nuisance odor and that an odor management plan, including a specific proposal which addresses the odor event, must be submitted for Department review and approval and implemented in accordance with Section 3(G)(2) of this Chapter.

(3) Transition until March 1, 2015. Facilities that process wastewater treatment sludge from publicly owned treatment works and facilities that process septage are required to operate in conformance with the standards and requirements of Section 4(F)(2) above by March 1, 2015. The standards and requirements of Section 4(F)(1)(a) and (b), in effect prior to the adoption of Section 4(F)(2), remain in effect for these facilities until March 1, 2015.

G.Record Keeping. The facility operator must make provisions to keep the following records and make them available for Departmental inspection and copying for the duration of the facility operation and a minimum of 2 years after facility closure:

(1) When applicable, as-built engineering drawings of the facility, including a schematic showing the relationship of the various subsystems;

(2) Analyticaland characterization data results required by these rules or license conditions;

(3) An operations manual meeting the requirements of this section;

(4) Records of odor monitoring data, exceedances, response actions and complaints, if any;

(5) Copies of periodic and annual reports submitted to the Department; and

(6) Stabilization facility operations log. An operations log must be kept at a processing facility that reduces the pathogen content, reduces vector attraction properties, reduces putrescibility, reduces the carbon to nitrogen ratio, or otherwise stabilizes a residual. The operations log must contain the source and volume of residuals received on a daily basis; the mixture of residuals processed at the facility; process monitoring data; date, time and type of samples obtained from the facility; and volume and type of residuals distributed from the facility on a daily basis, including to whom the residuals are distributed.

H.Periodic Reporting. Licensees must submit periodic reports to the Department containing the results of environmental monitoring, including waste characterization, and any other information required in accordance with the facility license.

I.Annual Report. By February 28^th of each year, the facility operator must pay an annual facility reporting fee, as established by the Department, and submit an annual report to the Department for review for the previous calendar year. The annual report must include a summary of activity at the processing facility during the past year, including a discussion of any odor problems, and a discussion of any factors, either at the facility or elsewhere, which affected the operation, design, or environmental monitoring program of the facility. The annual report must summarize the facility's activities, and at a minimum include the following:

(1) For solid waste processing facilities that generate residue requiring disposal.

(a) a complete description of all wastes accepted at the facility including:

(i) types and weights (or estimated weights) by state or province of origin and by generator type; and

(ii) data and results of the characterization of all wastes accepted at the facility as required in subsection 4(E) of this rule;

NOTE: The waste origin and generator information required in subsections 409.4.I(1)(a)i. and in 409.4.I(2)(a) is not intended to identify specific customers. Information must include state or province of origin, and generator type, such as: "residential contractor", "municipal transfer station", or "industrial demolition project".

(b) a complete description of all products and secondary materials produced at the facility including:

(ii) types and weights (or estimated weights) produced;

(ii) types and weights (or estimated weights) used on-site; and,

(iii) types, weights (or estimated weights), destinations and uses of materials distributed off-site;

(c) a complete description of residues leaving the facility for disposal including:

(i) types and weights (or estimated weights) by destination; and,

(ii) data and results of the characterization of all residues leaving the facility for disposal as required in subsection 4(E);

(d) a demonstration that all wastes accepted at the facility have been recycled or processed into fuel for combustion to the maximum extent practicable, but in no case at a rate less than 50%. For purposes of this subsection, "recycle" includes but is not limited to: reuse of waste as shaping, grading, or alternative daily cover materials at landfills; aggregate material in construction; and boiler fuel substitutes. The demonstration shall be made through:

(i) evaluation and analysis of the waste characterization data and results required for all wastes accepted at the facility and all residues leaving the facility for disposal;

(ii) calculation of the recycling rate for the past year; and,

(iii) a narrative that includes a detailed comparison of wastes accepted at the facility, products and secondary materials produced for recycling/reuse, and residues leaving the facility for disposal; discussion concerning the calculated recycling rate achieved for the year, including specific explanation of why that rate represents recycling to the maximum extent practicable; explanation and justification for why wastes and residues disposed over the preceding year could not be recycled or reused; and,

(e) a demonstration that the facility and its operation are consistent with the recycling provisions of the state waste management and recycling plan (as defined at 38 M.R.S. §1303-C(35).

The requirements of this paragraph do not apply to solid waste composting facilities, solid waste processing facilities whose primary purpose is volume reduction or other waste processing or treatment prior to disposal of the waste in a landfill or incineration facility, solid waste processing facilities that are licensed in accordance with permit-by-rule provisions of these rules, or solid waste processing facilities that are otherwise exempt from the requirements of this Chapter.

(2) For all other processing facilities not subject to subsection 1 above:

(a) types and weights (or estimated weights) by origin, of all wastes accepted at the facility;

(b) types and weights (or estimated weights) of all products and secondary materials produced, used on-site, or distributed off-site (by destination and including uses); and

(c) types and weights (or estimated weights) by destination, of residues leaving the facility for disposal.

(3) For all processing facilities:

(a) types and weights (or estimated weights) of wastes, products, secondary materials, and residues stored on site as of December 31 of the reporting year;

(b) A general summary of the processing operation including problems encountered and follow-up actions, changes to the facility operation, and a summary of complaints received by the facility during the previous year;

(c) A summary of odor monitoring data, exceedances, response actions and complaints, if any;

(d) Other alterations to the facility site not requiring Departmental approval that have occurred during the reporting year. Minor aspects of the facility site proposed to be changed in the current year may be described in the annual report. Changes handled in this manner are those that do not require licensing under minor revision or amendment provisions of Chapter 400; and,

(e) A summary and evaluation of the past year's monitoring program results.

J.Facility Closure

(1) Closure Plan: The operator of a processing facility shall submit a closure plan to the Department, for review and approval, a minimum of 90 days prior to the proposed date of the permanent closure of a solid waste processing facility. The plan must include:

(a) An outline of the proposed closing operation;

(b) A schedule for the removal of all stored wastes and secondary materials

(c) The intended destination of all stored wastes and secondary materials.

(2) Closure Performance Standard. The facility must be closed in a manner that minimizes the need for further maintenance; and so that the closed facility will not pollute any waters of the state, contaminate the ambient air, constitute a hazard to health or welfare, or create a nuisance. At a minimum, the applicant must remove all wastes and secondary materials from the facility; and broom clean the facility structures and equipment.

06- 096 C.M.R. ch. 409, § 4