Section 096-419-2 - Licenses for Residual Utilization and StorageA.License Required for Residual Utilization and Storage(1) Utilization Licenses. The Department must conclude that the licensing standards in 06-096 CMR ch. 400 and sections 2 through 7 of this chapter are met prior to a generator distributing a residual for utilization, unless the activity is exempt under section 1(B) of this chapter. This conclusion may be made in a program license, or a combination of program license and site specific utilization license. A program license must be obtained before any site specific utilization licenses are obtained. The generators of the residual must obtain the utilization license. An application must be submitted under 06-096 CMR ch. 400 and section 7 of this chapter, or under the permit-by-rule provisions of sections 8 and 9. For purposes of this rule, processors of solid waste are the generators of the resultant residual.(2) Residual Storage Licenses. Prior to establishing a new residual storage site, or altering an existing residual storage site, the Department must conclude that the licensing standards in 06-096 CMR ch. 400 and section 11 through 13 of this chapter are met, unless the activity is exempt under section 1(B). This conclusion may be made in a program license, a storage site license, or a combination of the two. Field stacking sites associated with a licensed utilization site may only be licensed to the residual generator. Other residual storage sites may be licensed to any person. The Department may approve of utilization and storage at the same location in one license, provided all of the applicable licensing criteria are met. NOTE: Storage of a residual at composting or other processing facilities is subject to the standards in 06-096 CMR ch. 409 or 410. Storage of residuals for purposes other than agronomic utilization is subject to 06-096 CMR ch. 402 or in some beneficial use cases, Chapter 418.
(3) Inapplicability of Disposal Facility Standards. Residual storage sites and utilization activities constitute solid waste facilities, but do not constitute solid waste disposal facilities, as defined in 06-096 CMR ch. 400. Therefore, agronomic utilization activities and residual storage sites are not subject to the provisions specific to solid waste disposal facilities in 06-096 CMR ch. 400 or the Maine Solid Waste Laws.B.Program License. A program license assesses the potential benefits and risks posed by the utilization activity and determines what management practices are necessary to mitigate those risks, including what type of site specific license, if any, is required at a residual storage site or the site of utilization.C.Site Specific Utilization License. The generator must obtain a site specific utilization license ("site license") for residual utilization or storage if the Department determines in the program license that a site license is necessary.D.Joint Utilization. Prior to more than one generator licensing the same site, the DEP must approve a joint utilization agreement that specifies the responsibilities of each generator to assure compliance with these rules, their program license, and their site licenses. The agreement must specify one party who the Department may direct to correct a deficiency at the site.E.License Transfers(1)Site License Transfer. A generator may make application pursuant to 06-096 CMR ch. 2, section 21 to transfer a utilization site license from another generator when both generators agree to the transfer, the receiving generator is in compliance with its program license, and the receiving generator has established title, right or interest in the site that is being transferred. When both parties generate the same kind of residual, such as sewage sludge treated to the same pathogen reduction standard, the transfer may be processed under the permit-by-rule procedures in section 10. Otherwise the license must be transferred pursuant to 06-096 CMR ch. 2, section 21 and 06-096 CMR ch. 400, section 3(B)(3)(2)Program Transfer. When a facility that generates the residual is transferred to a new owner, the new owner must obtain Department approval to transfer the utilization program and associated site and storage licenses pursuant to 06-096 CMR ch. 2, section 21 and 06-096 CMR ch. 400, section 3(B)(3).F.Municipal and Public Notice of Utilization Applications. The public notice provisions of this subsection replace the public notice requirements of 06-096 CMR ch. 2, section 14, except as specified below.(1)Program Licenses. Within 30 days prior to filing an application for a utilization or storage program license, including an application filed in accordance with section 8 of this chapter, an applicant shall give public Notice of Intent to File a new or amendment application, a resubmitted application that has been returned as incomplete pursuant to 06-096 CMR ch. 2, section 11(B), or a license transfer. The notice must be published once in newspapers circulated in the area where the residual will be utilized and/or stored. In the case of state wide utilization and/or storage, the notice must be published once in a newspaper where the residual is generated and once in the Augusta daily paper on a Wednesday. The notice must include the information required by 06-096 CMR ch. 2, section 14(A), except that the notice for section 8 applications shall include the information required by 06-096 CMR ch. 400, section 3(B)(1)(c)(iii). The location where the application is locally filled is the municipal offices where the residual is generated. The applicant does not need to notify abutters.(2)Site Licenses. Except as specified in 2(F)(3) below and section 9 of this chapter, an applicant for a utilization or storage site license, or site license transfer, shall give public notice in accordance with 06-096 CMR ch. 2, section 14. This provision also applies to applications filed in accordance with section 11 of this chapter.(3)One Time Use and Pilot Projects Lasting Less Than One Year. Within 30 days prior to filing an application for one time utilization or storage lasting less than one year, or a pilot project lasting less than one year, the applicant must give public Notice of Intent to File a new or amendment application, or a resubmitted application that has been returned as incomplete pursuant to 06-096 CMR ch. 2, section 11(B). A copy of the application and the notice must be provided to the municipality(ies) in which the site is located. The notice must also be published once in a newspaper circulated in the areas where the project is located, unless the application is for a pilot project located at a site previously licensed under this chapter. The notice must include the information required by 06-096 CMR ch. 2, section 14(A). The applicant does not have to notify abutters. NOTE: Pilot projects are to determine the feasibility of a common utilization practice. Innovative utilization activities of an experimental nature must be licensed under the provisions of 38 M.R.S.A. §362-A.
(4)Subsequent Information. After any utilization application has been filed, if the Department determines that the applicant submits significant new or additional information or substantially modifies its application at any time after acceptance of the application as complete, the applicant shall provide additional notice to interested persons who have commented on that application. The Department may require additional public notice in accordance with this subsection, if the modifications are significant.G.Public Notice Prior to Use of Certain Sites(1) At least 30 days prior to the first use of an approved individual utilization or storage site that is not the subject of a site-specific license, but is subject to a program license condition requiring prior notification to the Department of specific locations where a residual will be utilized or stored, the licensee shall provide notice of such use to the municipality in which the site is located. The notice must be mailed by certified mail or Certificate of Mailing to the municipal office. The notice must include the information required by section 2(G)(3), below.(2) At least 30 days prior to first use of an approved individual utilization or storage site that uses or stores sludge generated at industrial facilities employing kraft wood pulping processes, the licensee shall provide notice of such use to abutters and the municipality in which the site is located. The notice must be mailed by certified mail or Certificate of Mailing to the abutters and the municipal office. The notice must include the information required by section 2(G)(3) below. NOTE: These notification provisions are required by 38 M.R.S.A. §1304(13) and (13-A).
(3) The public notice must include the following information: (a) Name, address and telephone number of the program license holder;(b) Citation of the statutes, rules, or license under which the site is being considered for utilization or storage;(c) Location of the activity;(d) Summary of the activity;(e) Anticipated date for filing the notification with the Department; and(f) A statement that public comments on the proposed project may be provided to the Department within 10 days of the filing of the notification, together with the mailing address of the Department.H.Surrender of Site Licenses. Pursuant to 38 M.R.S.A. §1310-N(6-D), agronomic utilization site licenses may be voluntarily surrendered by the license holder, upon Department approval. Surrender will be approved when the Department determines that all residuals transported to the site have been utilized or removed from the site in compliance with Department rules and licenses. Petitions for surrender of site licenses may also be processed in accordance with 06-096 CMR ch. 2, section 23, "Petition for Surrender of License".I.Transition and Relationship to Other Solid Waste Rules Wood ash utilization program licenses held by wood ash generators that are now exempt from these rules in accordance with section 1(B)(3) of this chapter will lapse provided that the licensee surrenders its utilization program license.
06- 096 C.M.R. ch. 419, § 2