Section 096-418-4 - General Standards for Beneficial UseAll beneficial use activities must be licensed and operated or conducted to meet the following general standards:
A. The use of secondary material must constitute a beneficial use as defined in 06-096 C.M.R. ch. 400, § 1(T) that: serves a legitimate beneficial purpose, does not constitute disposal or a means of discard, and performs as an acceptable and effective substitute for the raw material or commercial product it is replacing, as demonstrated through: (1) Comparison of the physical and chemical properties of the secondary material and the material or product it is replacing, showing that the two are comparable;(2) Documentation that use of the secondary material will meet or exceed any relevant and generally accepted product specifications, or manufacturing, industrial use or engineering standards;(3) Description of the identified or reasonably likely use or market for the material that is not speculative; and,(4) Any other relevant information.B. The beneficial use will not pollute any waters of the State, contaminate the ambient air, constitute a hazard to health or welfare or create a nuisance.C. The applicable standards and requirements of 06-096 C.M.R. ch. 400 must be met, except the traffic standards of 06-096 C.M.R. ch. 400, §4(D) are presumed to be met if: (1) The beneficial use occurs no more than once in a calendar year at the same location; or NOTE: The Department will consider the duration of a construction project, up to one calendar year, to be a single beneficial use.
(2) The beneficial use results in no more than 16 additional vehicle trips per day; or(3) The project beneficially using the secondary material has been permitted under another chapter of the Solid Waste Management Rules the Site Location of Development Law, or by a local authority, if traffic impacts associated with the beneficial use were considered.D. The beneficial use activity must not include the use of hazardous wastes identified pursuant to Maine's Identification of Hazardous Waste rule, 06-096 C.M.R. ch. 850. Hazardous wastes that have been treated to render them non-hazardous must be identified as such in the application, and the application must include information on the treatment process used and any other information relevant to the Department's review of the proposed beneficial use.E. The beneficial use activity will be managed in accordance with all applicable provisions of the Maine Erosion and Sediment Control Best Management Practices (BMPs) Manual for Designers and Engineers, October 2016 and the Maine Erosion and Sediment Control Practices Field Guide for Contractors, March 2015. All necessary actions must be taken to ensure that the beneficial use activity does not result in unreasonable sedimentation or soil erosion. NOTE: 06-096 C.M.R. ch. 400, § 3(B)(4) includes provisions related to the issuance of limited licenses, including pilot and experimental permits. 06-096 C.M.R. ch. 400, §13 specifies the criteria for the issuance of variances to certain provisions of the Solid Waste Management Rules. The Department encourages consideration of the use of these provisions, when appropriate, in the development of applications for innovative projects that may not meet the letter of certain provisions of this rule, but that may support and further the goals of Maine's solid waste management hierarchy.
06- 096 C.M.R. ch. 418, § 4