06- 096 C.M.R. ch. 418, § 7

Current through 2024-51, December 18, 2024

Section 096-418-7 - Reduced Procedures For Select Beneficial Use Activities

The reduced procedure provisions of this section apply to the beneficial use of non-hazardous multi-fuel ash as flowable fill or as construction fill in traveled ways (e.g. roads and parking lots), and to dredge material, where all of the general standards in section 4 of this rule and this section are met. Except, the beneficial use of bottom ash from wood fired boilers or multi-fuel boilers using fuel derived from CDD wood must be licensed under section 9 of this rule. Proposed beneficial uses which do not meet the requirements of this section must be licensed under section 9 of this rule.

A.Reduced Procedure Beneficial Use of De-watered Dredge Material As Construction Fill Standards.

(1) Dredge material permitted for use under this section must not be used in residential settings, playgrounds, or school yards, and must be completely and permanently covered by a concrete or asphalt paved surface, or by 6 inches of a compacted soil material.

(2) In order to characterize dredge material intended for beneficial use, representative samples shall be collected and analyzed prior to dredging in conformance with E.P.A. SW-846. A minimum of 4 samples per site or 1 sample per acre shall be collected unless an alternative sampling plan is otherwise approved by the Department; information on sediment depth represented by each sample shall be provided. Samples shall have been collected, and analyzed within the holding times for each parameter, within 5 years of application submittal. However, if there have been significant spills, discharges, or disruptions in sediment deposition within the 5 year period, sampling and analysis is required to evaluate current conditions. Composite samples for analysis may be approved by the Department on a case-by-case basis. Analysis must be for the following parameters:

(a) Total metals (mg/kg dry wgt.) including Arsenic (As), Cadmium (Cd), Chromium (Cr), Lead (Pb), and Mercury (Hg);

(b) Semi-volatiles listed in paragraph(3), below (mg/kg dry weight);

(c) PCBs and dioxin TEQ unless waived by the Department, and organopesticides from commercial and agricultural ponds greater than 1/4 acre (mg/kg dry weight); and,

(d) Other parameters as required by the Department.

(3) Dewatered dredge material which is non-hazardous and which contains constituent levels less than the following levels (totals) may be beneficially used in accordance with the provisions of this sub-section:

Arsenic (As) < 16¹ mg/kg

Cadmium (Cd) < 22 mg/kg

Chromium (Cr+6) < 3.6 mg/kg

Lead (Pb) < 200 mg/kg

Mercury (Hg) < 27 mg/kg

Benz[a]anthracene < 13 mg/kg

Benzo[b]fluoranthene < 13 mg/kg

Benzo[k]fluoranthene < 134 mg/kg

Benzo[a]pyrene < 1.3 mg/kg

Chrysene < 1340 mg/kg

Dibenz[a, h]anthracene < 1.3 mg/kg

Indeno[1, 2, 3-c, d]pyrene < 13 mg/kg

PCBs < 2.7 mg/kg

Dioxin TEQ < 55.8 pg/g

(4) Total chromium or lead levels exceeding 100 mg/kg, or mercury levels exceeding 4 mg/kg indicate that the dredge material may be hazardous waste. Further analysis of those parameters for TCLP is necessary.

B.Reduced Procedure Beneficial Use of De-watered Dredge Material As Beach Nourishment Fill Standards.

(1) Dredge material permitted for use under this section must be from a single dredging project, and the dredge material must come from a similar source (i.e. marine dredge material to a marine beach).

(2) In order to characterize dredge material intended for beneficial use as beach nourishment fill, representative samples shall be collected and analyzed prior to dredging in conformance with E.P.A. SW-846. A minimum of 4 samples per site or 1 sample per acre shall be collected unless an alternative sampling plan is otherwise approved by the Department; information on sediment depth represented by each sample shall be provided. Samples shall have been collected, and analyzed within the holding times for each parameter, within 5 years of application submittal. However, if there have been significant spills, discharges, or disruptions in sediment deposition within the 5 year period, sampling and analysis is required to evaluate current conditions. Composite samples for analysis may be approved by the Department on a case-by-case basis. Analysis must be for the following parameters:

(a) Total metals (mg/kg dry wgt.) including Arsenic (As), Cadmium (Cd), Chromium (Cr), Lead (Pb), and Mercury (Hg);

(b) Semi-volatiles listed in paragraph (3), below (mg/kg dry weight);

(c) PCBs and dioxin TEQ unless waived by the Department, and organopesticides from commercial and agricultural ponds greater than 1/4 acre (mg/kg dry weight); and,

(d) Other parameters as required by the Department.

(3) De-watered dredge material which is non-hazardous and which contains constituent levels less than the following levels (totals) may be beneficially used in accordance with the provisions of this sub-section:

Fines < 15%

Arsenic (As) < 16² mg/kg

Cadmium (Cd) < 22 mg/kg

Chromium (Cr+6) < 3.6 mg/kg

Lead (Pb) < 200 mg/kg

Mercury (Hg) < 27 mg/kg

Benz[a]anthracene < 13 mg/kg

Benzo[b]fluoranthene < 13 mg/kg

Benzo[k]fluoranthene < 134 mg/kg

Benzo[a]pyrene < 1.3 mg/kg

Chrysene < 1340 mg/kg

Dibenz[a, h]anthracene < 1.3 mg/kg

Indeno[1, 2, 3-c, d]pyrene < 13 mg/kg

PCBs < 2.7 mg/kg

Dioxin TEQ < 55.8 pg/g

(5) If analysis demonstrates that the dredge material contains levels of the constituents at or above those listed in paragraph (3), above, an applicant may submit a demonstration that the proposed beach nourishment project does not pose a significant risk to public health or an unreasonable threat to the natural environment. A demonstration must include the following elements:

(a) Representative samples of the sand/soil in the area of the beach where dredge material is proposed to be used must be collected and analyzed in conformance with E.P.A. SW-846. A minimum of 4 samples within the area to be nourished (or 1 sample per acre if the area is greater than 4 acres) shall be collected unless an alternative sampling plan is otherwise approved by the Department; information on the sampling locations (horizontal and vertical) shall be provided. Samples shall have been collected, and analyzed within the holding times for each parameter, within 5 years of application submittal. However, if there have been significant spills, discharges, or disruptions in sediment deposition within the 5 year period, sampling and analysis is required to evaluate current conditions. Composite samples for analysis may be approved by the Department on a case-by-case basis. Analysis must be for all constituents listed in paragraph (3) where the dredge material contains levels at or above the standards in paragraph (3);

(b) A discussion of the risks and drawbacks associated with use of the dredge material, including consideration that use of the dredge material may cause degradation at other areas when erosion of the dredge material occurs; and,

(c) An evaluation of the risk that the proposed beneficial use of the dredge material poses to public health or the natural environment at the site where it is proposed to be used.

C.Reduced Procedure Beneficial Use of Multi-Fuel Boiler Ash as Construction Fill in Road Construction, Parking Lots and Other Traveled Ways Standards.

(1) The applicant must obtain written permission from the owner of the property on which the ash is to be beneficially used.

(2) The discharge of phosphorus must not cause adverse effects to surface waters.

(3) The ash must be handled to prevent human exposure to ash dust by keeping the ash in a moist condition or by other approved means.

(4) The filled area must be covered by a concrete or asphalt paved surface, or a minimum of 6 inches of compacted soil material or other material suited to the purpose of the construction. The covering must be maintained in its original condition.

D.Reduced Procedure Beneficial Use of Multi-Fuel Boiler Ash as Flowable Fill Standards.

(1) The filled area must be a minimum of 100 feet from drinking water supplies.

(2) The filled area must be covered by a concrete or asphalt paved surface, or a minimum of 6 inches of compacted soil material or other material suited to the purpose of the construction. The covering must be maintained in its original condition.

E.Reduced Procedure Application Requirements. The Department finds that the beneficial use of non-hazardous dredge material, and multi-fuel boiler ash as construction fill or flowable fill licensed under these reduced procedures will meet the general standards of section 4 of this rule because of the limited likelihood of adverse environmental or human health impact, provided that the applicant submits information sufficient to meet the standards and submission requirements of this section. The applicant shall submit to the Department, on forms provided by the Department, the following information:

(1) A description of the secondary material and its proposed use;

(2) Information regarding the physical and chemical characteristics of the secondary material, including all analytical results;

(3) The quantities, by weight and/or volume of the secondary material;

(4) An U.S.G.S. 7.5 minute topographic map or equivalent map clearly marking the location(s) of the beneficial use activity. GPS coordinates of the activity shall be provided in the project description;

(5) If applicable, a copy of the information on proper use that will be provided to the users of the secondary material;

(6) For beneficial use of dredge materials, a handling and use plan including provisions for storage and de-watering of the dredge material. It must provide that the storage will not pose a hazard to public health and that the storage or beneficial use of the dredge material will not result in any illegal discharge of sediments or contaminants to waters of the State;

(7) For beneficial use of ash or dredge material, a construction drawing for the location(s) of the beneficial use activity, with the property boundary and the location of ash or dredge material shown on the plan, and representative cross section views clearly marked and noted on the drawing. The cross-section must clearly indicate the location and depth of each material layer as applicable (gravel, ash geotextile, surface course, etc.);

(8) For the beneficial use of ash, written permission from the owner of the property on which the ash is to be beneficially used; and,

(9) For the beneficial use of ash as a construction material, documentation that the beneficial use is not within the watershed of a water body classified GP-A; or, if the beneficial use is in a class GP-A watershed, a phosphorus control plan that minimizes adverse effects to surface waters must also be submitted.

¹ This the background soil level for arsenic in Maine

² This is the background soil level for arsenic in Maine

06- 096 C.M.R. ch. 418, § 7