Section 096-418-5 - Authorization Through Notification for the Beneficial Use of Emulsified Asphalt Encapsulated Petroleum Contaminated Soil When Certified by a Professional EngineerThe notification provisions established by this section apply to the beneficial use of emulsified asphalt encapsulated petroleum contaminated soil (encapsulated petroleum contaminated soil) as construction fill underneath paved roads and parking lots, and in other civil engineering applications, when the material is from a solid waste processing facility licensed by the Department to produce encapsulated petroleum contaminated soil, a professional engineer licensed with the State of Maine certifies through the notification form provided in Appendix C of this rule that all of the provisions of this section will be met, and the owner of the property where the encapsulated petroleum contaminated soil will be used agrees to comply with the project described in the notification package.
By establishing these notification provisions, the Department finds that the beneficial use of encapsulated petroleum contaminated soil in strict conformity with the notification provisions will meet the general standards in section 4 of this rule.
Proposed beneficial uses of emulsified asphalt encapsulated contaminated soil as construction fill that do not meet all requirements of this section must be licensed under either section 6(B) or section 9 of this rule.
A.Notification Requirements. At least 5 working days prior to the initiation of the beneficial use project, a completed notification form signed and sealed by a professional engineer licensed with the State of Maine shall be submitted to the Department. The notification must be submitted on the form provided by the Department in Appendix C of this rule. The notification must include: (1) The appropriate notification fee, payable to Treasurer, State of Maine; (2) A narrative description of the project, and the following information: (a) A site plan showing where encapsulated petroleum contaminated soil will be placed;(b) An U.S.G.S. 7.5 minute topographic map or equivalent map clearly marking the project location, along with the GPS coordinates of the project; and,(c) A cross-sectional view, with a horizontal scale of 1 inch = 5 feet and a vertical scale of 1 inch = 12 inches (unless an alternative scale is approved by the Department) of each location on the property where encapsulated soil will be placed. The cross sections must clearly indicate the location and depth of each material layer as applicable (construction fill, paved surface course, other construction, etc.) and be representative of the project as a whole; and,(3) The amount of emulsified petroleum contaminated soil to be used in the project, and the anticipated timeframe for the beneficial use project including the expected start and completion dates.B.Standards.(1) The project is abeneficial use rather than disposal or discard, and all encapsulated petroleum contaminated soil beneficially used will be non-hazardous by characteristic and produced from contaminated soil that met the definition of petroleum contaminated soil in section 1 of this rule, as documented through characterization provided by the processing facility. Hazardous wastes that have been treated to render them non-hazardous must be identified as such in the notification package, and the professional engineer must certify that the treatment used is compatible with the emulsification process;(2) The physical and chemical properties of the encapsulated petroleum contaminated soil and the material or product it is replacing must be comparable;(3) The encapsulated petroleum contaminated soil must meet or exceed any relevant and generally accepted product or engineering specifications;(4) Encapsulated petroleum contaminated soil may not be placed in standing water or in a channeled drainage flow. It may not be used to fill wetlands, be placed below the water table, or be allowed to wash into any water of the State;(5) All required federal, state and local approvals must be obtained prior to the beneficial use of encapsulated petroleum contaminated soil on the project property;(6) A concrete or asphalt paved surface, or a 6 inch layer of soil, or other material suited to the purpose of the construction, must completely cover the stabilized encapsulated petroleum contaminated soil and must be permanently maintained. No surface exposure of the encapsulated petroleum contaminated soil is allowed;(7) Encapsulated petroleum contaminated soil intended to be used for a project may be stored in a secured location near the project that is under the control of the property owner. All excess encapsulated petroleum contaminated soil and any residue must be removed from the project area upon completion of the project;(8) The beneficial use may not take place on a residential, school or recreation area open for use by the public;(9) Delivery of the encapsulated petroleum contaminated soil to the project property must: (a) Occur during a construction period not to exceed 1 year; or(b) Result in no more than 16 additional vehicle trips per day; or(c) Have 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;(10) Annual reports for the previous year must be filed by February 28 for each year in which encapsulated petroleum contaminated soil is actively used or is stored on the property. The reports must include both the quantity of encapsulated petroleum contaminated soil used on the property and the quantity of encapsulated petroleum contaminated soil stored for project use at the end of the calendar year, and verification that encapsulated petroleum contaminated soil was used as certified in the notification; and,(11) The property owner must sign the "Property Owner Agreement to Comply with Conditions for Beneficial Use of Encapsulated Petroleum Contaminated Soils Under the Professional Engineer Certification Provisions" form in Appendix C.06- 096 C.M.R. ch. 418, § 5