06- 096 C.M.R. ch. 419, § 14

Current through 2024-51, December 18, 2024

Section 096-419-14 - Municipal Oversight of Residuals Utilization Activities

A.Municipal Ordinances. Pursuant to 38 M.R.S.A. §1310-U, under the municipal home rule authority granted by the Constitution of Maine, Article VIII, Part Second 30-A M.R.S.A. §3001, municipalities may enact ordinances with respect to residual utilization and storage that contain standards the municipality finds reasonable, provided the following standards are met:

(1) The standards contained in the ordinance may not be more strict than those contained in 38 M.R.S.A. §§ 1301 et seq. and these rules;

(2) The municipality must file a copy of the ordinance with the Commissioner within 30 days of its adoption; and

(3) Municipal ordinances must use definitions consistent with those in 06-096 CMR ch. 400, section 1, and this chapter.

B. Municipal Licensing and Enforcement of Sludge Licenses. For purposes of this subsection, the term "sludge" includes municipal, commercial or industrial wastewater treatment plant sludge.

(1)Municipal Enforcement. Pursuant to 30-A M.R.S.A. §4452(6), a municipality, after notifying the Department, may enforce the terms and conditions of a sludge utilization or storage site permit issued by the Department under this chapter and 06-096 CMR ch. 400.

(2)Coordination between municipality and the Department on sludge licenses

(a)Notification. The Department shall notify municipalities (municipal officers or their designees) in which sludge utilization sites or sludge storage sites are being proposed. Notification will be made within 14 working days of Department receipt of a complete license application. The notification will include, at a minimum, the name and address of the applicant, and analytical results of the sludge proposed to be spread in the municipality.

(b)Municipal Conditions in Department Licenses. Prior to approving an application for a sludge land application site or storage facility, the Department will consult with the municipal officers or their designees in the municipality in which the site or facility is proposed, and provide them with an opportunity to suggest conditions, including additional setbacks, to be included in the license. The Department will impose those conditions that are necessary for the project to meet the licensing standards in this chapter. If the Department does not impose conditions on a license that has been suggested in writing by the municipality, the Department will provide a written explanation to the municipality.

(c) The Department shall consult with a municipality within 10 days of receipt of a request by a sludge generator to change the terms or conditions of a sludge land application or storage facility license concerning a facility located in the municipality.

(3)Petitions Concerning Sludge Testing Protocols. A municipality may petition the Commissioner to review a generating facility's testing protocol for sludge. The Commissioner will respond to the municipality, in writing, within 10 days of receipt of a written petition. The Commissioner may order the generator to conduct an additional waste characterization test on their sludge at the generator's expense. The generator must provide a copy of the additional test results to the municipality within 30 days of receipt.

06- 096 C.M.R. ch. 419, § 14