06- 096 C.M.R. ch. 419, § 13

Current through 2024-51, December 18, 2024

Section 096-419-13 - Operational Standards for Residual Storage Sites

All new and existing sites storing residuals prior to agronomic utilization shall comply with the operating requirements of this section.

A.General Storage Standards. The following operational standards apply to the operation of all residuals storage sites:

(1)Operations Manual. For storage sites with a site specific license for residuals storage, the licensee shall prepare, maintain, and implement an operations manual to enable facility personnel to determine the procedures that must be followed to operate the storage facility in compliance with the standards in sections 11 and 13 and the site license. A current copy of the operations manual must be available for inspection at the storage site, or in the case of a field storage site, the residual generation facility;

(2)Odor and Dust Control. The stored residual must not cause an odor or dust nuisance at an occupied building or protected location;

(3)Permitted Residuals Only. Only those residuals specifically permitted by the Department may be accepted at the storage site. The licensee must implement the approved hazardous and special waste handling and exclusion plan, if applicable;

(4)Separate Storage. Unless otherwise approved by the Department, different kinds of residuals must be stored in separate areas of the facility. Separate areas must be clearly marked with signs;

(5)Alternative Traffic Standard. The standard for traffic in 06-096 CMR ch. 400, section 4(D)(1) must be met at all utilization storage sites. This standard is presumed to be met at storage sites when either:

(a) The residual is being stored at a consecution or remediation site for a construction project, to reclaim a mined area, close a landfill, or remediate a state designated uncontrolled hazardous substance site; or

(b) The storage activity results in 16 or fewer additional vehicle trips per day;

(6)Site Access. Access gates to storage sites that have been required in a Department license must be closed and locked except when an authorized person is on duty. Access roads at the site must be maintained in good repair. Livestock must be excluded with fences from facilities that store a residual that is treated to a class B pathogen reduction standard, including leachate treatment areas, while the residual is stored at the site and for at least 30 days after the removal of the residual;

(7)Fire Control. The licensee shall prevent and control fires at the solid waste site by arranging for a nearby fire department to provide emergency service, and providing sufficient on-site equipment for minor fires. The licensee must also develop and implement a plan to prevent spontaneous combustion in woodwaste, residual, and compost piles, as applicable. All ash must be conditioned with water to prevent combustion at the storage site;

NOTE: Facilities should develop a fire and rescue plan in conjunction with the local fire department.

(8)Erosion and Sedimentation Control. For storage sites where the topography will be altered or site soils will be disturbed, the applicant must meet the standards in 06-096 CMR ch. 400, section 4(J)(1)(b);

(9)Alternative Standards for Fitting Harmoniously into the Natural Environment.The standard for fitting harmoniously into the natural environment in 06-096 CMR ch. 400, section 4(E)(1) must be met at all utilization sites. This standard is met at utilization sites when either:

(a) The residual is being stored on a construction or remediation site for a construction project, to reclaim a mined area, close a landfill, or remediate a state designated uncontrolled hazardous substance site; or

(b) The buffer requirements of 06-096 CMR ch. 400, section 4(E)(1)(b) and the applicable buffer requirements of this chapter are met at the site of storage;

(10)Final Construction Certification. Within 30 days following construction completion, the licensee must submit a certification to the Department that the site has been constructed in accordance with the approved drawings and specifications;

(11)Inspection. The storage site licensee must make provisions for an inspection at least annually. The licensee must record the condition of the facility, repairs required, and repairs performed;

(12)Monitoring Program. The licensee shall implement any waste characterization and environmental monitoring program as approved or conditioned in the site license;

(13)Record-Keeping. The licensee must keep records for a minimum of five (5) years which include the annual volume of residuals placed in and removed from the site, the dates that residuals were stored at the site during the year, problems encountered during operations and their remedies, and other information as established by license condition; and

(14)Reporting. On or before February 28 of each year an annual report detailing the activities for the previous year must be submitted to the Department by the licensee. The report must include a summary of the information outlined in sections 13(A)(11) through (13) (above) and any other details as specified in the program and site licenses.

B.Additional Operational Standards for Licensed Field Stacking Sites. In addition to the operational standards in section 13(A), the following operational standards apply to field stacking sites:

(1)Solids Content. The residual must have a sufficient solids content to stack and maintain a side slope such that for every 3 feet of run, the pile must rise at least one foot;

(2)Shape. Operators must form and maintain a conical shaped pile that sheds water;

(3)Pathogen Treatment. Type II residuals must be treated to class A or B pathogen and vector attraction reduction standards prior to field stacking;

(4)Groundwater Protection. The provisions of this subsection apply to storage 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 storage of residuals which the Department has determined in a Program license contain pollutants which may contaminate waters of the state.

(a) Any leachate, or runoff mixed with leachate, generated from field stacking of a residual must be managed such that pollutants are 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, 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.

(b) The residual may only be stockpiled on soils with a maximum permeability in the soil C horizon of 2.0 inches per hour;

(c) On soils with a permeability in the C horizon of between 0.6 and 2.0 inches per hour, the residual must be stockpiled on a geomembrane, stockpiled on an absorbent material with a minimum C:N ratio of 100:1, or covered with a tarp, such that contaminated water does not pass through the C soil horizon.

(d) The residual may not be stockpiled in excess of 30 days per growing season, except on insitu soils that have a C horizon that is a marine sediment, lacustrine sediment, or basal till that is at least 40 inches thick.

(e) The depth to bedrock in the waste handling area must be at least 40 inches when the residual is to be stored for over 30 days, and at least 30 inches when the residual will be stored for 30 days or less.

(f) The depth to the water table in the waste handling area must be at least 24 inches throughout the time period that the waste is stored.

(g)Mitigation. The licensee must, if necessary to scavenge excess soil nitrogen, take any necessary steps, including harrowing and reseeding, to sustain healthy ground cover when residuals are not stored at the site.

(h)Storage Time. The residual must not be field stacked for longer than eight (8) months.

(5)Kraft Sludge. Storage of sludge generated at industrial facilities utilizing kraft wood pulping processes, the maximum storage period at storage sites without impervious liners and leachate collection and treatment is 6 months. The Department may waive this requirement on a case-by-case basis for a maximum of 2 additional months when the applicant has demonstrated that the storage site is inaccessible or that utilization of the stored material would be in violation of any prohibition of land spreading on frozen, snow-covered or saturated ground. For storage of sludge generated at industrial facilities utilizing kraft wood pulping processes, storage sites without impervious liners and leachate collection systems may be used only once in any 10-year period.

NOTE: This standard is required by 38 M.R.S.A. §1304(13-A).

C.Additional Siting and Operational Standards for Sludge Storage Facilities

(1) An abutter to a sludge storage site may request that sludge not be stored within 50' of the abutter's property boundary. Requests must be filed with the Department in writing, and must include:

(a) The name and mailing address of the property owner;

(b) The physical location of the property upon which the sludge is being stored;

(c) The type of sludge being stored; and

(d) The name and mailing address of the facility generating the sludge.

(2) Pursuant to 38 M.R.S.A. §1310-N(2-G), sludge may not be stored within 50' of an abutter's property, upon notification that the Department has received a written request from the abutter to establish the set-back.

D.Closure of Residual Storage Sites

(1)Notification: The licensee of a residual storage site shall notify the Department within 10 days after the permanent closure of a licensed storage site.

(2)Closure Performance Standard. The licensed storage site must be closed in a manner that minimizes the need for further maintenance; and so that the closed site will not pollute any waters of the state, contaminate the ambient air, constitute a hazard to health or welfare, or create a nuisance. At a minimum, the licensee must remove all wastes and residuals from the site; broom clean the site structures and equipment; and in the case of field stacking sites, harrow, reseed and take any other necessary steps to sustain healthy ground cover at the site.

06- 096 C.M.R. ch. 419, § 13