06- 096 C.M.R. ch. 419, § 11

Current through 2024-51, December 18, 2024

Section 096-419-11 - Storage of Residuals Prior to Utilization

This section applies to storage of residuals prior to agronomic utilization. For purposes of this chapter, "a field stacking facility" means a facility for the storage of residuals on a permeable surface and not under a permanent roof. For purposes of this chapter, "contained storage facilities" means storage facilities where residuals are stored on impervious surfaces or under a roof. All residual storage sites must be sited, designed and operated to meet the standards in 06-096 CMR ch. 400, sections 3 and 4 and the following standards:

A.General Siting Standards for Residual Storage

(1) The residual handling area must meet the setbacks in table 419.1 and 419.2, and be located greater than:

(a) 500 feet to the nearest occupied building other than those owned by the site owner or operator;

(b) 100 feet from public roads and abutting property boundaries; and

(c) 300 feet from a great pond that is a public drinking water supply.

(2) The facility may not be located on a 100 year floodplain. This prohibition does not apply to sites where residuals are field-stacked if the following standards are met:

(a) Residuals are stacked for less than 30 days to facilitate a spreading;

(b) Residuals are stacked only at times when the depth to the water table is 24 inches or greater; and

(c) Residuals are stacked only prior to September 15th of each year.

B.General Design Standards for Residual Storage. The facility must be designed to, in conjunction with the siting standards, meet the following:

(1) The facility may not contaminate waters of the state;

(2) Except for field stacking sites, or storage facilities for Type IA residuals, residual storage areas must have impervious floors and side walls, such as asphalt or concrete, sufficient to prevent untreated leachate from discharging into groundwater;

(3) The residual must be contained within the facility. The residual may not be discharged to a protected natural resource, without a license issued pursuant to 38 M.R.S.A. §480-A et seq.;

(4)Run-On. Runoff from land areas surrounding a storage site must be controlled or diverted away from the stored residual with berms or diversion ditches as necessary to prevent contact with the stored residual;

(5)Leachate Control. The site design must have provisions to contain, collect, and, if applicable, treat leachate and run-off mixed with leachate. The design may include: roofing or covering the storage area to prevent excessive leachate generation; providing a filter strip to discharge leachate to an approved area during the growing season; on-site filtering systems, and/or a plan developed for ultimate disposal of leachate. Disposal of any wastewater, leachate and wash down waters must be in accordance with 38 M.R.S.A. §413 et seq.;

(6) The stored residual must not cause an odor or dust nuisance at an occupied building or protected location, or spontaneously combust;

(7)Access Control. For facilities storing Type III residuals, and/or Type II residuals that have not been treated to class A pathogen reduction standards, public access to the site must be restricted by, at a minimum, placing a sign at the access to the storage site that restricts access to authorized personnel. The Department may require that a locking gate be placed at the access to the storage site and/or fencing be installed around the facility, if necessary to meet the criteria in 06-096 CMR ch. 400, sections 3 and 4;

(8)Traffic. The site design, in conjunction with siting and operations, must make provisions to ensure that the facility is accessible during inclement weather and meets the traffic standards in 06-096 CMR ch. 400 section 4(D), or the traffic standards in section 4(F) of this chapter;

(9)Separate Storage. If more than one residual is stored at the site, separate, labeled, storage areas must be provided for each different residual; and

(10) Pursuant to 38 M.R.S.A. §1304(13-A), for storage of sludge generated at industrial facilities utilizing kraft wood pulping processes, sludge storage sites may not be located within 300 feet of a year-round river, stream, brook or pond nor within 75 feet of any intermittent stream or brook or any natural drainage way, including gullies, swales and ravines.

C.Additional Siting and Design Standards for Field Stacking Sites. In addition to the standards in section 11(A) above, the following siting and design standards apply to field stacking of residuals that have a C:N of less than 25:1, unless the residual is a compost or unless the Department determines in a program license that mineralization or other comparable studies demonstrate that excess nitrates will not contaminate groundwater. This section also applies to utilization of other residuals that the Department has determined in a Program license readily leach contaminants that may contaminate waters of the state;

(1) Unless otherwise provided for by the Department, field stacking facilities must be located on the site where the residual will be utilized;

(2)Storage Volumes. The volume of residual to be stored at the field stacking site may not exceed that required to meet the utilization requirements for one spreading season at that site;

(3)Footprint. The residuals at the field stacking site may not cover an area greater than 1/2 acre;

NOTE: the waste handling area may be greater than 1/2 acre

(4)Soil Type. The waste handling area must have a maximum permeability in the C horizon of 2.0 inches per hour. Stockpile sites to be used in excess of 30 days per growing season must be on insitu soils with a C horizon that is a marine sediment, lacustrine sediment or basal till that is at least 40 inches thick;

(5) The waste handling area may not be located on slopes in excess of three (3) percent;

(6) The minimum depth to bedrock in the waste handling area must be 40 inches when the residual is to be stored for over 30 days. The minimum depth to bedrock in the waste handling area must be 30 inches when the residual will be stored for 30 days or less;

(7) The minimum depth to the seasonal high water table in the waste handling area must be 24 inches when the residual is stored for over 30 days. The minimum depth to the water table in the waste handling area throughout the time period that the waste will be stored must be 24 inches when the residual is stored for 30 days or less;

(8) The waste handling area may be modified to meet the standards in section 11(C)(5) through (7) above, except that in no case may the waste handling area be located where the native soil is less than 30 inches to bedrock, or on hydric soils; and

(9) Leachate Control. Residual field stacking facilities must be sited and designed so that any leachate, or runoff mixed with leachate, is not carried beyond an approved utilization area. Applicants must develop and implement a leachate control plan, as approved by the Department, which may include filter strips during the growing season, placing residuals on a layer of sawdust, paper mill fiber or similar material to absorb free liquids and inorganic nitrogen; placing hay bales and silt fences around stockpiles; forming piles to shed water; covering piles such that precipitation does not penetrate the pile; or making provisions to collect and treat leachate. The leachate control plan must have specific provisions to control leachate when the ground is not covered with vegetation, frozen, snow covered or water saturated.

NOTE: NRCS Practice Standard 393 may be used to design filter strips.

D.Additional Siting Standard for Storage of Sludge. The Department may not issue a license for a sludge storage site or storage facility off the site of generation that is within 250 feet of a river, perennial stream or great pond.

NOTE: the above licensing standard is required by 38 M.R.S.A. §1310-N(2-G).

06- 096 C.M.R. ch. 419, § 11