06- 096 C.M.R. ch. 410, § 5

Current through 2024-51, December 18, 2024

Section 096-410-5 - Permit-By-Rule Composting of Wood, Leafand Yard Wastes

A.Applicability

(1)New Facilities: The permit-by-rule licensing provisions of this section shall apply to owners or operators of facilities that compost Type IA residuals and grass clippings 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 composting facility under sections 2 through 4 or section 6 of this Chapter. By adopting these provisions, the Department finds that the composting of Type IA residuals and grass clippings in strict conformity with these permit-by-rule provisions will meet the standards of 06-096C.M.R. ch. 400(4). Facilities licensed under this section are exempt from the requirements of 06-096C.M.R. ch. 400(9). No variances to the requirements of this section may be granted.

NOTE: See 06-096C.M.R. ch.400(1) for a full definition of residual types. Type IA residuals are leaf, vegetative and other residuals with a C:N ratio of greater than 25:1 See AppendixA of this Chapter for a list of typical C:N ratios for various residuals.

(2)Existing Licensed Facilities: Composting facilities previously licensed pursuant to 06-096C.M.R. ch. 409(8) remain in effect, subject to the conditions specified in 06-096C.M.R. ch.400(3)(E).

B.Standards and Operating Requirements

(1) The composting facility may only receive Type IA residuals and grass clippings. It may not accept painted wood, treated wood, plywood, chipboard, plastic, wood with fasteners, nails, glue, adhesives, resins, paint or coatings, or wood that is otherwise contaminated.

(2) The total waste handling area may not exceed three (3) acres and total on-site storage areas may not exceed one (1) acre. Individual storage piles may not exceed 10,000 square feet.

(3)Setback Distances: At the time a complete permit-by-rule notification is submitted to the Department, proposed storage, processing, composting, or curing of any regulated residual may not lie within:

(a) 500 feet of any water supply spring;

(b) 500 feet of any water supply well and any residence, unless owned by the site operator or owner;

(c) 100 feet of any protected natural resource;

(d) In, on or over a protected natural resource, or on land adjacent to the following areas, without first obtaining a permit pursuant to theNatural Resources Protection Act, 38 M.R.S. §§480-A to 480-H H:

(i) A coastal wetland, great pond, river, stream or brook, or significant wildlife habitat contained within a freshwater wetland; or

(ii) Freshwater wetlands consisting of or containing:

a. 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

b. Peatlands dominated by shrubs, sedges and sphagnum moss;

(e) 100 feet of any property boundary;

(f) 100 feet of the solid waste boundary of an active, inactive, or closed solid waste landfill; and

(g) A 100-year flood plain.

(4)Soils: The applicant may only compost, cure and store residuals 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;

(b) A pad constructed with the surface at least two (2) feet above the seasonal high water table and is either composed of:

(i) Two (2) feet of glacial till (having between 15 and 35% fines) covered with a six(6)- inch drainage layer of gravel; or

(ii) Soil covered with asphalt or concrete;

(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.

(5)Drainage: Surface water drainage must be diverted away from processing, composting curing, and storage areas.

(6)Slopes: Compost windrows must be constructed on a pad or surface with a maximum slope of 6%. Where necessary, the working surface for windrows must be constructed to prevent ponding.

(7) The facility must be operated so that it does not contaminate water, land or air from the handling, storage or composting of wood, leaf, and yard wastes.

(8)Inspection and Access Control: The operator must control unauthorized access to the site and visually inspect incoming residuals so that only Type IA residuals and grass clippings are accepted at the facility.

(9)Pile Construction: Incoming Type IA residuals must, within one week of delivery to the site, be formed into windrow piles 10 feet high by 15 to 20 feet wide at the base, or other configuration that provides for the proper conditions under which aerobic composting will occur. Windrows must run with the slope of the pad such that runoff is not trapped by the windrows.

(10)Grass: Grass clippings must be incorporated, and thoroughly mixed into established windrows at a ratio of no more than one part grass to three parts Type IA residuals (1 grass:3 carbonaceous-material) by volume within 24hours of receipt at the facility. The composting facility must not accept grass clippings unless there is a sufficient volume of Type IA residuals available to meet this ratio.

(11)Windrow Turning: The windrow must be turned at least four (4) times per year. There must be no more than six (6) months between any two (2) turnings.

(12)Distribution: Compost must be distributed for use within one (1) year of completion of the compost process, and within three (3) years of receipt of the raw materials for composting.

(13)Fire Control: The operator must develop and implement a plan to prevent spontaneous combustion in residual and compost piles at the site.

(14)Annual Report: By February 28^th of each year, the operator must submit an annual report covering the previous calendar year. The annual report must contain:

(a) The estimated volume of residuals received at the facility;

(b) An estimated volume of compost produced at the facility;

(c) The estimated volume of compost distributed from the facility;

(d) The estimated volume of compost and residue, including compost screenings, stored on site as of December 31st; and

(e) 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 compost, wastes, secondary materials, and residue, including compost screenings, from the facility; and broom clean the facility structures and equipment.

C.Notification Requirements. At least 15 working days prior to acceptance of Type IA residual or grass clippings at the facility for composting, 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 residual 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 06-096C.M.R. ch.2(11)(D).

(5)To pographic Map: A legible copy of 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 clearly and accurately delineated.

(6)Flood Plain Map: If the proposed site is within 1/4 mile of a 100 year floodplain, a legible copy of the most recent Federal Emergency Management Agency (FEMA) flood insurance rate maps of the 100-year frequency floodplain, with the location of the facility and property boundary clearly and accurately delineated.

(7)Tax Map: A legible 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 residuals will be composted and cured 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 description of the pad or other surface that the residual will be composted and cured on, and which of the standards in section 5(B)(4) of this Chapter that surface meets; or

(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 composting and curing will be conducted under a permanent, roofed structure.

(9) A fire control plan to prevent spontaneous combustion in residual and compost piles.

(10)Public Notice: A copy of the public notice and other information to demonstrate that the applicant is fulfilling the requirements of 06-096C.M.R. ch.400(3).

(11)Certification: A statement signed by the facility landowner and the person responsible for the facility stating that all standards and requirements of this section will be met throughout operation and closure of the facility.

06- 096 C.M.R. ch. 410, § 5