06- 096 C.M.R. ch. 419, § 12

Current through 2024-51, December 18, 2024

Section 096-419-12 - Application Requirements for Residual Storage

Any person seeking to store residuals prior to utilization shall provide information sufficient to demonstrate that the standards of sections 11 and 13 of this chapter are met. The applicant shall submit to the Department, on application forms developed by the Department, the following information:

A.Submissions for Program Licenses for Storage. The following submissions are required for applications for a program license to store residuals.

(1)Summary. A brief summary of the proposed utilization program for which the storage is required;

(2)Residual Characteristics. The physical and chemical characteristics of the residual that will be stored obtained in accordance with 06-096 CMR ch. 405, including an assessment of the environmental and human risk posed by storage of the material, including risk to groundwater and surface water, and proposed management to mitigate those risks;

(3)Siting Standards. When appropriate, the standards proposed for sites where the residual will be utilized, including:

(a)Buffer Zones. A description of appropriate buffer zones at utilization sites that will be employed to meet the standards in 06-096 CMR ch. 400, section 4, (E)- through (H) and the applicable standards in section 11 and 13 of this chapter;

(b)Soils. A description of appropriate soil drainage class, depth to bedrock or other permeable layers, and slope, that will be appropriate to meet the standards in section 11(C)(4) of this chapter and 06-096 CMR ch. 400, sections 4(J) and 4(K); and

(c)Other. A description of other siting standards, if any, that will ensure that the licensing standards of these rules are met;

(4)Site Licensing Procedures. Propose the situations when a site specific license will be obtained, the information that will be provided to individuals storing the residual to meet the standards in sections 11 and 13 when storage sites are not individually licensed, and the notice, if any, that will be provided to the Department when site specific storage licenses will not be obtained;

NOTE: More than one strategy may be appropriate for a given storage program

(5)Traffic. A demonstration that the applicant meet the traffic standards in section 4(F) for sites that will not be individually licensed; and

(6)Public Notice. Proof that public notice of the application has been provided as required in section 2(F) of this chapter.

B.Submissions for Storage Site Licenses. An applicant must submit a complete application for a storage site license, unless otherwise approved by the Department in a Program license. Unless otherwise approved in a program license, the storage site application must include:

(1)Description. A brief description of the storage site, and reason for storage;

(2)Residual Characteristics. The physical and chemical characteristics of the residual that will be stored obtained in accordance with 06-096 CMR ch. 405, including an assessment of the environmental and human risk posed by storage of the material and proposed management to mitigate those risks;

(3)Topographic Map. The most recent 7.5 minute US. Geological Survey topographic or equivalent map showing the location of the proposed site, the property boundary, and if storing putrescible residuals, airports within 10,000 feet of the site. The map must include all surrounding area within one mile of the proposed site;

(4)Chapter 400 Submissions. The submission requirements of 06-096 CMR ch. 400, section 4(B), (C), (F), (G), (H), (I), (J), and (L);

(5)Storm Water Control. A certification that the siting and/or design of the proposed site will not result in post-construction runoff that is greater than pre-construction runoff or the submission requirements of 06-096 CMR ch. 400, section 4(M)(2);

(6)Traffic Movement. A demonstration that the site meets the traffic standards in section 12(A)(5) of this chapter or the traffic information required by 06-096 CMR ch. 400, section 4(D)(2);

(7)Fitting Harmoniously into the Natural Environment. A demonstration that the site meets the alternative standards for fitting harmoniously into the natural environment in section 13(A)(9) of this chapter or the information required by 06-096 CMR ch. 400, section 4(E);

(8)Sand and Gravel Aquifer Map. If the proposed site is within 500 feet of a sand and gravel aquifer, a clear copy of the most recent Hydrogeologic Data for Significant Sand and Gravel Aquifer map with the proposed storage site clearly delineated;

(9)Flood Zone Map. If the proposed site is within 500 feet of a 100-year flood zone, the most recent Federal Emergency Management Agency (FEMA) flood zone map, or equivalent map, with the proposed storage site clearly delineated;

(10)Operations Manual. An operations manual meeting the standards in section 13(A)(1);

(11) Environmental Monitoring Program. If the Department determines that it is necessary to confirm that the site will meet the standards in 06-096 CMR ch. 400, section 4 due to the nature of the wastes stored and/or the location, design and operation of the site, a monitoring program for ground water, surface water or waste characteristics, as applicable, designed in accordance with the provisions of 06-096 CMR ch. 405;

(12)Hazardous and Special Waste Exclusion Plan. Except for sites that only accept specific residuals from specific generators specified by Department license, a hazardous and special waste handling and exclusion plan meeting the standards in 06-096 CMR ch. 400, section 9; and

NOTE: A template for a hazardous and special waste handling and exclusion plan is attached as Appendix A to 06-096 CMR ch. 400.

(13)Public Notice. Proof that public notice of the application has been provided as required in section 2(F).

C.Additional Application Requirements for Field Stacking Sites. Unless otherwise approved by the Department in a Program license, in addition to the application requirements in section 12(B) above, the following application requirements apply to field stacking sites:

(1)Title, Right or Interest. The information in section 7(B)(1) demonstrating Title, Right, or Interest in the project;

(2)Soils Map. A clear copy of the appropriate United States Department of Agriculture (USDA.) Natural Resources Conservation Service (NRCS) County soil medium intensity soil survey map indicating the proposed spreading area, the proposed field stacking area, and the leachate treatment areas. If the Department questions the accuracy of the map, the Department may require a soils investigation report and site specific soils map demonstrating that the applicable sitting and design standards in section 11(C)(4) are met. Soils investigations must be conducted in a manner that avoids disturbing the ability of the insitu soils to prevent groundwater contamination;

(3)Narrative and Site Sketch. A narrative and site sketch of the storage site features and proposed structures, of sufficient detail to demonstrate compliance with the standards in section 10. The sketch must include the scale and orientation, buffers, slopes, run-on and run-off control features, and leachate management features; and

(4)Odor and Dust Control Plan. For putrescible residuals, a site specific odor control plan to treat the residual or locate, design, and operate the site to avoid nuisance odors at off site occupied buildings. For dusty residuals, a site specific dust control plan to treat the residual or locate, design, and operate the site to avoid dust at off site locations.

D.Additional Application Requirements for Contained Storage Sites. Unless otherwise approved by the Department in a Program license, in addition to the application requirements in section 12(B), the following application requirements apply to residual storage sites other than field stacking sites:

(1)Title, Right or Interest. The application submissions in 06-096 CMR ch. 400, section 4(A) demonstrating Title, Right, or Interest in the project;

(2)Site Plans and Drawings. A bid ready site design and construction package showing all structures and demonstrating that the applicable standards in section 11 and 13 will be met, including the system to contain, control and treat leachate and run-off mixed with leachate;

(3)Odor Control System. For the storage of putrescible residuals, either

(a) A demonstration that the site will not cause an off-site nuisance odor, including one or more of the following:

(i) A demonstration that the materials handled at the site do not generate objectionable odors;

(ii) Comparative studies with similar existing sites taking into account similarities and differences in site design, throughput, proximity to neighbors, meteorological conditions and topography; or

(iii) Odor dispersion modeling studies demonstrating that the site will not cause more than a one hour average odor impact of 2 dilutions to threshold (2D/T), in any calendar year at any protected location and any occupied buildings;

NOTE: D/T is defined by ASTM Method 679-91 (1997). The generator may wish to demonstrate that they will meet this standard at the storage site's property boundary, in order to meet the operational requirements to not cause a nuisance when areas near the site are subsequently developed. For information on this air model, see Serjak, Tamsin, Nicholas Marchese and Robert Gaudes, 1995, "ALCOSAN and Odor Regression Analysis: The Application of a New Analytical Approach", (Prepared for Air & Waste Management Association 88th Annual Meeting and Exhibition, June 18-23, by Camp Dresser & McKee, Cambridge, MA).

(b) Or a site specific odor control plan to avoid nuisance odors at off site occupied buildings including a description of how the residual will be treated prior to storage, or a detailed description and design of the system to contain, control and treat odors at the storage site; and

(4)Utilities. The application submissions of 06-096 CMR ch. 400, section 4(L)(2).

06- 096 C.M.R. ch. 419, § 12