Section 096-409-5 - Permit By Rule for Processing Soils Contaminated with Virgin-OilA.Applicability. The permit-by-rule licensing provisions of this section apply to the processing of soil contaminated with virgin oil by any of the following facilities that meet all of the standards of this section: (1) Existing asphalt batching plant;(2) Temporary asphalt batching plant that operates for less than 30 days each year; or(3) Cement kiln. Failure to meet any of these standards will require formal application to the Department for a license to develop and operate the solid waste processing facility under sections 2-3. The Department assumes that the processing of soil contaminated with virgin oil in strict conformity with these permit-by-rule provisions will meet the standards of Chapter 400, section 4. Facilities licensed under this section are subject to the operating standards in section 4, but are exempt from the requirements of Chapter 400, section 9. No variances to the requirements of this section may be granted.
B.Standards and Operating Requirements. The standards and operating requirements of this subsection apply to all permit-by-rule facilities licensed under this section. Paragraphs (2) - (6) are operating requirements for existing virgin oil contaminated soil processing facilities licensed as of November 2, 1998 under former Chapter 409, section 2.B (effective May 24, 1989). (1) A temporary facility must obtain written permission from the property owner and the owners of all occupied buildings within 1000 feet of the waste handling area.(2) The facility may only process virgin oil-contaminated soil material that is accompanied by a shipping manifest provided by the Department as part of a Department supervised clean-up project.(3) The facility owner or operator must maintain records identifying the origins of the material, quantities accepted, and the dates of acceptance. The owner or operator must submit a summary of these records to the Department by February 28th of each year of operation for the previous calendar year, and upon Department request.(4) If oil-contaminated soil material is stored for more than 24 hours at the batching plant, the material must be stored either:(a) In a covered building, in a covered leak proof container or under an impermeable synthetic cover on a concrete pad provided the material is not stored for more than 18 months; or(b) Uncovered, provided the uncovered storage is limited to 100 tons of waste, the waste is bulked with sufficient aggregate so that liquids will not leach from the pile, and storage of oil-contaminated soil material does not exceed 9 months in any calendar year. If contaminated with gasoline, the waste must be stored on an impermeable base.(5) The facility must be operated so that it does not contaminate water, land or air from the handling, storage or processing of oil-contaminated soil.(6) Any oil-contaminated soil material received at the asphalt batching plant that is not processed must be disposed of at a facility licensed and approved by the Department to accept such wastes. NOTE: Asphalt batching plants processing oil-contaminated soil material may be required to conduct air emission testing pursuant to 38 M.R.S.A. section 608(A). The Bureau of Air Quality Control should be contacted prior to such processing.
C.Notification Requirements. At least 18 working days prior to the first shipment of any virgin oil contaminated material for processing, the applicant shall submit to the Department a permit-by-rule notification on a form developed by the Department. This notification must include:(1) The applicant's name, address, telephone number and contact person.(2) The appropriate application fee.(3) Description: A brief description of the proposed project including a description of the waste to be processed.(4) Title, Right, or Interest: A demonstration of sufficient title, right or interest to the property proposed for development, as specified in Chapter 2, section 7.(5) Topographic Map. The most recent full size U.S. Geological Survey topographic map (7 1/2 minute series, if available) of the area, showing the location of the proposed facility, and the property boundary. The map must indicate all residences within 1000 feet of the waste handling area.(6) Public Notice. A copy of the public notice and other information to demonstrate that the applicant is fulfilling the requirements of Chapter 400, section 3.(7) Certification: A statement signed by the facility landowner and the person responsible for the facility stating that all applicable standards and requirements of this section have been met.06- 096 C.M.R. ch. 409, § 5