06- 096 C.M.R. ch. 419, § 1

Current through 2024-51, December 18, 2024

Section 096-419-1 - Applicability

A.Facilities and Activities Subject to the Requirements of this chapter

This chapter applies to agronomic utilization activities and the storage of residuals prior to utilization. Agronomic utilization is the land application of residuals in a controlled manner in order to: increase the nutrient content of the soil at a rate commensurate with the nutritional needs of the crop to be grown and the assimilative capacity of the soil; otherwise improve agricultural soil conditions; or provide some other horticultural benefit. Agronomic utilization includes, but is not limited to:

(1) Land application of sewage sludge, biosolids, fish by-products, food waste, secondary paper mill sludge or other residuals to supply nitrogen (N), phosphorus (P), potassium (K), or other nutrients to a crop;

(2) Land application of ash, lime-mud, cement kiln dust, or other residuals as an agricultural liming agent;

(3) Land application of primary paper mill sludge, flume grit, wood wastes or other high carbon residuals to control erosion, as a topsoil replacement, as mulch, or to beneficially increase soil organic matter content;

(4) Utilization of composted residuals, decontaminated soil, or other processed residuals as a fertilizer, soil amendment, topsoil replacement or mulch.

B.Facilities and Activities not Subject to the Requirements of this Chapter. In addition to the facilities listed in 06-096 CMR ch. 400, section 2(I), the following activities and materials are exempt from the siting, design, licensing and operating requirements of this chapter:

NOTE: Manure and other agricultural wastes used as fertilizers are not residuals, and therefore are exempt from regulation under these rules. Utilization of agricultural waste is regulated by the Department of Agriculture, Conservation and Forestry under 01-001 CMR ch. 565, Nutrient Management Rules.

(1) Utilization of chipped, shredded or composted wood and vegetative wastes as mulch when applied less than one foot thick;

(2) Utilization of chipped, shredded or composted wood and vegetative wastes for erosion control and filter berms;

(3) Wood ash from the burning of wood wastes is not subject to the requirements of this chapter and is not considered a solid waste if the generator submits written documentation to the department stating that the wood ash is being used as an effective substitute for a commercially available agricultural product and identifying the use of the wood ash and the commercial product it is replacing. For the purposes of this chapter, effective substitute includes utilization at an appropriate agronomic rate similar to the material it is replacing.

NOTE: Any ash resulting from the burning of wood wastes is considered wood ash. No distinction is made between fly ash and bottom ash.

(4) The utilization as a topsoil of any of the following:

(a) 50 yds³/yr or less of dredge materials in the area adjacent to and draining into the dredged water body;

(b) Dredge materials from class AA, A and SA water bodies;

(c) Dredge materials from agricultural or residential ponds, ditches and drainage ways when utilization occurs on the same property;

(d) Dredge materials containing less than 15% fines (material passing the #200 sieve) from representative sampling of a minimum of four samples, or one sample per acre, whichever is more frequent; or

(e) Dredge materials free from oil, grease, litter and other contaminants that are generated from normal maintenance of storm water and erosion control structures regulated under 38 M.R.S.A. §420-C and §420-D.

NOTE: Dredging activities must still be licensed under 38 M.R.S.A. §§ 480-A to 480-HH, the Natural Resources Protection Act.

(5) The agronomic utilization of any of the following residuals. The volume limit applies to the amount one generator may distribute for utilization in a calendar year. The volume limit also applies to the amount that may be received for utilization at any one site in a calendar year:

(a) 200 yds³/yr or less of Type IA residuals, such as processed woodwaste, or leaves;

(b) 100 yds³/yr or less of Type IB residuals, such as certain food processing wastes; or

(c) 50 yds³/yr or less of Type IC residual, such as fish by-products, provided the Type IC residual is applied at a generally accepted agronomic rate between April 15 and July 1 and the waste is incorporated within 24 hours.

NOTE: See 06-096 CMR ch. 400, section 1 for a complete definition of Type IA, IB, IC, II and III residuals.

(6) The storage on 1 acre or less for up to 24 months prior to agronomic utilization of any one of the following:

(a) Wood wastes provided individual storage piles do not exceed 10,000 square feet, and there are 30-foot mineral strips between piles of chipped or shredded woodwastes;

(b) Sewage sludge at a Publicly Owned Treatment Works; or

(c) Composted residuals that meet the standards in section 8 of this chapter; and

(7) The storage on a licensed utilization site of residuals with a solids content of greater than 12% for 12 hours or less to facilitate spreading.

C.Processing of Solid Waste

(1) A site where a generator mixes or blends a residual prior to utilization, but does not otherwise process the residual, is not subject to 06-096 CMR ch. 409, but is subject to this chapter.

(2) Facilities that compost, aerobically or anaerobically digest, dry, heat treat, lime stabilize or otherwise alter the stability, physical properties, pathogen content, or chemical content of residuals to meet the standards of this rule must meet the applicable standards of 06-096 CMR Ch. 409 or 410. Utilization of the residual produced by the processing facility is subject to this chapter.

D.Beneficial Use of Solid Waste. Agronomic utilization is a type of beneficial use. Generators proposing to beneficially use solid waste or waste derived products in a manner that does not constitute agronomic utilization must meet the applicable standards of 06-096 CMR ch. 418. Agronomic utilization of a solid waste and another beneficial use of the same solid waste may be approved in one license. Except for agronomic utilization activities covered under this chapter, beneficial use activities previously approved under the provisions of Chapter 567 are subject to the transition provisions of Chapter 418.

06- 096 C.M.R. ch. 419, § 1