Section 096-409-6 - Permit by Rule for the Manufacture of Flowable Fill Using Multi-Fuel Boiler Ash, Blast Furnace Slag or Coal AshA. Applicability. The permit-by-rule licensing provisions of this section shall apply to the manufacture of flowable fill using multi-fuel boiler ash, blast furnace slag or coal ash at existing concrete batching plants or existing cement kilns that meet all of the standards of this section. 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 manufacture of flowable fill using multi-fuel boiler ash, blast furnace slag or coal ash at existing concrete batching plants or existing cement kilns 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(1) The facility owner or operator must maintain records identifying the origins of the multi-fuel ash, blast furnace slag or coal ash, quantities accepted, the dates of acceptance, dates of processing, and the dates and locations of final disposition. The owner or operator must submit to the Department by January 31st for the previous calendar year, a summary of the total ash and blast furnace slag received, total ash and blast furnace slag stored on site as of December 31, and total amount of flowable fill distributed.(2) Concrete mixing facilities and cement kilns which use multi-fuel blast furnace slag or coal ash as an additive in the manufacturing of flowable fill must store and handle the multi-fuel or coal ash in enclosed buildings or the equivalent (e.g., covered conveyors and transfer points, leak proof silos or containers) to prevent fugitive dust emissions and to prevent direct exposure of the ash to the weather during storage and handling.(3) The facility must be operated so that it does not contaminate water, land or air from the handling, storage or processing of multi-fuel boiler or coal ash.(4) Any multi-fuel boiler blast furnace slag or coal ash received at the concrete batching plant or cement kiln that is not processed must be disposed of at a facility licensed and approved by the Department to accept such wastes.(5) 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.C.Notification Requirements. At least 18 working days prior to accepting the first shipment of any multi-fuel ash, blast furnace slag or coal ash for use in manufacturing flowable fill, the owner or operator of the concrete batching plant or cement kiln shall submit to the Department a permit-by-rule notification on a form developed by the Department. This notification must include: (1) Contact: the applicant's name, address, telephone number and contact person.(2) Fee: 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 property proposed for development, as specified in 06-096 CMR 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 500 feet of the waste handling area.(6) Analytical data demonstrating that the ash or blast furnace slag is non-hazardous. (7) 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.(8) Certification: A statement signed by the facility landowner and the person responsible for the facility stating that all standards and requirements of this section have been met.06- 096 C.M.R. ch. 409, § 6