Section 096-418-2 - Beneficial Use Activities Subject to the Requirements of this RuleA.Applicability. Unless exempted from regulation under section 3 of this rule or a project certified by a Professional Engineer through the notification provisions of section 5 of this rule, any generator, processor, industrial or manufacturing facility or other person proposing to beneficially use secondary material other than in agronomic utilization must obtain a license pursuant to the applicable provisions of 06-096 C.M.R. ch. 400 (General Provisions), and this rule. The secondary material may be a product having solid waste as a constituent. When a solid waste processing, industrial or manufacturing facility is licensed to beneficially use a secondary material for fuel, raw material substitution, or as a construction material, the generator supplying the secondary material to that licensed facility is not required to obtain a beneficial use license under the provisions of this rule. Beneficial use activities approved pursuant to this rule do not constitute disposal as defined in these rules. However, for the purposes of this rule, the placement of any waste in a landfill (e.g. the use of processing residues or ash as alternative daily cover, shaping or grading material) constitutes disposal rather than beneficial use and must be approved by the Department in accordance with the provisions of 06-096 C.M.R. ch. 401 (Landfill Siting, Design, and Operation). Except, use of a waste or waste-derived product that is purchased by a licensee for a specific construction purpose at a landfill does not constitute disposal, provided the waste is not otherwise delivered for placement in the landfill. Waste used in landfill construction in this manner must be approved in accordance with the provisions of 06-096 C.M.R. ch. 401 as an element of the landfill construction specifications; a beneficial use license is not required.
Beneficial uses of secondary materials regulated by this rule include, but are not limited to, use in an industrial or manufacturing process, use as construction fill, or use as fuel. The following is a non-exclusive list of examples of beneficial use activities:
(1) Use of chipped tires in road construction or retaining wall backfill;(2) Facilities substituting secondary material for fossil or biomass fuel in a boiler;(3) Industrial, manufacturing or processing facilities substituting secondary material for virgin material;(4) Use of secondary material as construction fill (e.g. emulsified asphalt encapsulated contaminated soil and dredge material);(5) Use of multi-fuel ash in road construction or flowable fill. As used in this rule, multi-fuel ash refers to the ash generated from combustion of the following fuels: wood, paper, pulp and paper sludge, coal, oil, and tire chips; and,(6) Cement kilns substituting secondary material for virgin material or for fuel.B.Storage of Secondary Material. Beneficial use activities that include storing secondary materials for greater than 90 days are also subject to 06-096 C.M.R. ch. 402 (Transfer Stations and Storage Sites for Solid Waste).C.Processing of Secondary Material. Beneficial use activities that include processing secondary materials are also subject to 06-096 C.M.R. ch. 409 (Processing Facilities). D.Agronomic Utilization of Residuals. Residual material proposed for agronomic utilization is subject to 06-096 C.M.R. ch. 419 (Agronomic Utilization of Residuals).E.Other Federal, State and Local Requirements. Approval of the beneficial use of a secondary material under this rule does not necessarily constitute approval of the project using the secondary material. All beneficial use activities, including activities that are exempt under this rule, must conform to any other applicable federal, state or local requirements.F.Innovative Beneficial Use Activities. The Department may grant temporary approval for a pilot project or experimental project under 06-096 C.M.R. ch. 400, § 3(B)(4), "Limited Permits". The application requirements for a limited permit will be determined on a case by case basis.G.Transition. Any ongoing beneficial use that was licensed by the Department prior to the effective date of this amended rule must comply with all applicable operating standards of the amended rule. Existing licenses for ongoing beneficial uses, including permits-by-rule, must be modified to incorporate new or amended provisions of the rule. Such modifications may be made through minor revisions to these licenses. All information necessary to demonstrate compliance with applicable provisions of the rule and to modify existing licenses must be submitted to the Department for review and approval within 60 days of the effective date of this rule.H.Prohibition. The beneficial use of municipal solid waste incinerator ash which contains 4 parts per trillion or greater dioxin toxic equivalents is prohibited except as provided for in the Maine Hazardous Waste, Septage and Solid Waste Management Act, 38 M.R.S. §1304(13-C) "Use of Treated Ash in Secure Landfills".06- 096 C.M.R. ch. 418, § 2