Section 096-409-7 - Permit by Rule for Processing Wood WastesA. Applicability. The permit-by-rule licensing provisions of this section apply to facilities that process wood waste for mulch, compost or fuel and 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 processing of wood waste for mulch or fuel in strict conformity with these permit-by-rule provisions will meet the standards of Chapter 400, section 4. Facilities licensed under this section are exempt from the requirements of Chapter 400, section 9. No variances to the requirements of this section may be granted. NOTE: Chapter 400, section 1 defines "wood wastes" as "brush, stumps, lumber, bark, wood chips, shavings, slabs, edgings, slash sawdust and wood from production rejects, that are not mixed with other solid or liquid waste".
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 (1) and (9) - (15) are operating requirements for existing wood waste processing facilities licensed as of November 2, 1998 under former Chapter 404, section 2.D (effective May 24, 1989). (1) The processing facility may only handle wood waste. It may not accept for processing painted wood, chemically treated wood, chipboard, plastic, wood with fasteners, nails, paint or coatings, or wood that is otherwise contaminated.(2) The total waste handling area may not exceed three (3) acres and on-site storage areas may not exceed one (1) acre. Individual storage piles may not exceed 10,000 square feet.(3) The facility site may not lie within a 100-year flood plain.(4) There must be a minimum of a 100-foot setback from the waste handling area to property boundaries.(5) There must be a minimum of a 500 foot setback from the waste handling area to all water supply springs.(6) There must be a minimum of a 500 foot setback from the waste handling area to all water supply wells and all residences not owned by the facility operator or owner.(7) The facility site may not be located within 100 feet of, 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. Section 480-A et seq.:(a) A coastal wetland, great pond, river, stream or brook, or significant wildlife habitat contained within a freshwater wetland; or(b) Freshwater wetlands consisting of or containing:(i) 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(ii) peatlands dominated by shrubs, sedges and sphagnum moss.(8) Soils: The applicant may only process and store wood wastes on: (a) Soils that a Maine certified soil scientist has determined are moderately well drained to well drained, as classified by the Natural Resources Conservation Service, and that are at least 24 inches above the seasonal high water table, bedrock, and sand or gravel lenses; or(b) A pad constructed with the top at least 2 feet above the seasonal high water mark and is either composed of:(i) 2 feet of glacial till (having between 15 and 35% fines) covered with a 6 inch drainage layer of gravel; or(ii) soil covered with asphalt or concrete; or(c) A surface determined by a Maine certified soil scientist, soil engineer or other qualified individual as being suitable for the proposed activity, taking into account the other aspects of the facility design; or(d) On a land area under a permanent, roofed structure.(9) Drainage: Surface water drainage must be diverted away from processing and storage areas.(10) The facility must be operated so that it does not contaminate water, land or air from the handling, storage or processing of wood wastes.(11) Inspection and access control: The operator must control unauthorized access to the site and visually inspect incoming materials so that only wood wastes permitted under section 7(B)(1) are deposited at the facility.(12) Distribution: Processed wood wastes must be distributed for use or disposal within two years of receipt at the facility.(13) Fire control: The operator must develop and implement a plan to prevent spontaneous combustion in wood waste and wood chip piles.(14) Annual Report: By February 28th of each year, the operator must submit an annual report covering the previous calendar year. The annual report must contain; (a) The estimated weight or volume of wood wastes received at the facility;(b) The estimated volume or weight of wood wastes distributed from the facility;(c) The estimated volume or weight of wood wastes stored on site as of December 31st; and(d) A description of any problems in operations encountered during the year, and steps taken to correct those problems.(15) Closure: 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 wood chips from the facility; and broom clean the facility structures and equipment.C. Notification Requirements. At least 18 working days prior to acceptance of wood waste at the facility 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 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.(6) Flood Plain Map. When the site is within 1/4 mile of a 100 year flood plain, the application must include the most recent Federal Emergency Management Agency flood insurance rate map of the area with the location of the facility clearly marked.(7) Tax Map: A copy of the local tax map marked with the facility location and the names and addresses of abutters marked on it. The map must indicate all residences within 500 feet of the waste handling area.(8) Soil and Pad Design: One of the following:(a) A certification from a Maine certified soil scientist that the soils where wood wastes will be processed and stored are moderately well drained to well drained, as classified by the Natural Resources Conservation Service, and that are at least 24 inches above the seasonal high water table, bedrock, and sand or gravel lenses.(b) A description of the pad or other surface that the wood waste will be processed and stored on, and which of the standards in section 7.B(8)(b) that surface meets; (c) A certification from a Maine certified soil scientist, soil engineer or other qualified individual that the surface is suitable for the proposed activity, taking into account the other aspects of the facility design; or(d) A certification that all processing and storage will be conducted under a permanent, roofed structure.(9) A fire control plan to prevent spontaneous combustion in wood waste and wood chip piles.(10) 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.(11) Certification: A statement signed by the facility landowner and the person responsible for the facility stating that the standards and requirements of this section will be met throughout operation and closure of the facility.06- 096 C.M.R. ch. 409, § 7