06- 096 C.M.R. ch. 419, § 4

Current through 2024-51, December 18, 2024

Section 096-419-4 - General Operating Standards for Agronomic Utilization

All agronomic utilization activities must be licensed and operated to meet the following standards.

A.Residual Suitability. The residual must be physically and chemically suitable for the intended utilization activity, must be non-hazardous, and must be of a known and consistent quality. Ash must be conditioned with water prior to utilization to prevent fires.

B.Agronomic Benefit. The residual must increase the nutrient content of the soil at a rate commensurate with the nutritional needs of the crop to be grown; otherwise improve agricultural soil conditions; or provide another horticultural benefit in which the residual meets or exceeds the generally accepted product specifications and standards for the product it is replacing. Each residual in a residual mixture must add to the agronomic benefit of the whole mixture.

C.Sampling Plan

(1) The residual generator must develop and implement a waste characterization sampling and analytical work plan and, if required, a site monitoring plan in accordance with 06-096 CMR ch. 405. The frequency of sampling must be adequate to represent the residual, soil or other media. The Department will require a site monitoring plan when it determines in a program or site license that a utilization program poses a potential threat to public health or safety or the environment because of the nature of the residuals utilized and/or the location, design and operation of a utilization site.

NOTE: 06-096 CMR ch. 405 requires the applicant to sample a residual for compounds that may be in the residual. The frequency of sampling must be adequate to represent the residual. Analytical requirements depend upon the processes that generate the residual, inputs to that process and the intended use of the residual.

(2)Hazardous and Special Waste Handling and Exclusion Plan Exemption. Utilization activities meeting the standards of this chapter meet the intent of, and are therefore exempt from, the requirement in 06-096 CMR ch. 400, section 9 to develop and implement a Hazardous and Special Waste Handling and Exclusion plan.

D.Financial and Technical Ability. The following general licensing standards from 06-096 CMR ch. 400, section 4 must be met:

(1) 06-096 CMR ch. 400(4)(B) - Financial Ability

(2) 06-096 400(4)(C) - Technical Ability

E.Protection of Waters of the State

(1) Utilization may not pollute any water of the State and residuals may not be placed where they will be washed into waters of the state.

(2) Unless otherwise approved in a license, residuals may not be applied when the soil is frozen, snow-covered or water-saturated.

(3) Residuals must be evenly applied at or less than the maximum allowable application rates. Application rates, including additions from other nutrient sources, may not exceed the following:

(a) agronomic rates for nitrogen;

(b) 3 tons calcium carbonate equivalents per acre per year; and

(c) plant uptake rates for phosphorus when the residual is applied in the direct watershed of Waterbodies Most at Risk from New Development.

(4) Sufficient vegetative ground cover for proper nutrient uptake and erosion control must be maintained at the site. Solids buildup must not impair underlying vegetative growth, unless the residual is being utilized as a mulch or topsoil replacement.

(5) Crops must be harvested and removed from the field prior to continued utilization, unless the next year's nutrient budget is adjusted to account for the nutrients returned by the crop.

(6) All buffer zones required by these rules between the area of utilization and a surface water, and all buffer zones required by these rules between the area of utilization and a drainage feature with a mineral bottom, must be vegetated during application and during the following growing season. The buffer zone must be inspected just prior to each spreading. All areas that show evidence of erosion or channeled flow must be repaired, re-contoured, seeded, mulched and otherwise modified to create sheet flow. Nutrients of concern may not be applied to buffer zones, except as necessary to support adequate plant growth to function as a buffer.

(7) Residuals may not be applied to hydric soils unless exempt or licensed pursuant to 38 M.R.S.A. §§ 480-A to 480-HH. For purposes of this chapter, hydric soil means a soil that is saturated long enough during the growing season to favor the growth of hydrophilic plants.

F.Presumption of Meeting Traffic Movement Standards. The standard for traffic in 06-096 CMR ch. 400, section 4(D)(1) must be met at all utilization sites . Unless demonstrated to the contrary, this standard is presumed to be met at utilization sites when either:

(1) The residual will be used as a topsoil replacement;

(2) The site is utilized one time or less every five years; or

(3) The utilization activity results in 16 or fewer additional vehicle trips per day.

G.Presumption of Harmoniously Fitting 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. Unless demonstrated to the contrary, this standard is presumed to be met at utilization sites when either:

(1) The residual replaces a virgin material, such as topsoil or fertilizer, in a construction project;

(2) The purpose of the utilization project is to reclaim a mined area, close a landfill, or remediate a state designated uncontrolled hazardous substance site; or

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

H.Presumption of Meeting Putrescible Residuals for Protection of Air Quality and from Nuisances Standards. The standard for no unreasonable adverse effect on air quality in 06-096 CMR ch. 400, section 4(G) must be met at all utilization sites. Unless demonstrated to the contrary, this standard is presumed to be met at utilization sites when the following standards are met:

(1) Putrescible residuals are not land applied within 300 feet of occupied buildings other than the site owner's or operator's. The Department may require that the generator increase setbacks if necessary to prevent nuisance odors at adjacent occupied buildings;

(2) The generator implements a site specific odor control plan to mitigate odor impacts at adjacent occupied buildings; and

(3) The generator informs the Department each time residuals will be applied at the site at least 1 business day before spreading.

NOTE: This notification requirement can be satisfied with a telephone call, voice mail message, e-mail, letter or fax to the Residuals Utilization Program of the Solid Waste Division at any one of the Department's central or regional offices.

I.Additional Operational Standards for Type II Residuals. The generator must ensure that the following additional operational standards are met on sites where Type II residuals are utilized:

NOTE: "Type II Residuals" are residuals that may contain human pathogens, such as sewage sludge, or solids from dewatered septage. Pathogen containing residuals must be treated prior to utilization. Pathogens are microorganisms that cause diseases. The degree to which the residual is treated for pathogens and vector attraction determines its class. When residuals are treated to Class A standards, in which pathogens are reduced to ambient soil concentrations, no additional siting standards apply to utilization of that residual. When residuals are treated to Class B standards, in which pathogens are reduced by about 90%, additional siting and operational standards apply to utilization of that residual.

(1) The Type II residual must be treated to a Class A or Class B vector attraction reduction standard and Class A or Class B pathogen reduction standard prior to utilization and field stacking.

(a) To meet a Class A pathogen reduction standard, the residual must be processed to meet one of the alternatives in Appendix B(2) of this chapter, either prior to meeting, or at the same time that the Class A vector attraction reduction requirements are met. The residual must also meet the following analytical standard at the time the residual is utilized: The density of Salmonella sp. bacteria in the residual must be less than three Most Probable Number per four grams of total solids (dry weight basis). In the absence of analytical data on Salmonella sp. this standard is presumed to have been met when the density of fecal coliform in the residual is shown to be less than 1000 Most Probable Number per gram of total solids (dry weight basis).

(b) To meet a Class B pathogen reduction standard, the residual must be processed to meet one of the alternatives in Appendix B(3) of this chapter.

(c) To meet a Class A vector reduction standard, one of the standards in Appendix B.4 of this chapter must be met.

(d) To meet a Class B vector reduction standard, one of the standards in Appendix B.5 of this chapter must be met.

(2) At sites where residuals treated to Class B pathogen reduction standards are utilized, the generator must ensure that the following additional provisions are met:

(a) Residuals are applied a minimum of fifteen (15) inches above the groundwater surface at the time of application. If residuals are injected or incorporated, a minimum of fifteen (15) inches separation must be maintained between the water table surface and the limit of incorporation or injection. Residuals treated to class B pathogen standards and that are utilized in flood plains, must be applied prior to September 15^th;

(b) The buffers and setbacks established in sections 3(B)(2) and (3) must be met. Additionally, unless otherwise provided for in a site specific soil erosion control plan, the residual may not be spread within 25 feet of site waterways including gullies, ravines and swales;

(c) Food crops grown on the utilization site with harvested parts that touch a Class B with respect to pathogens residual/soil mixture and are totally above the land surface, are not harvested for at least fourteen (14) months after the last application of the residual that is treated to a Class B pathogen reduction standard;

(d) Food crops grown on the utilization site are not harvested for at least twenty (20) months after the last application of a residual that is treated to a Class B pathogen reduction standard when the crops have harvested parts below the surface of the land and the residual that is treated to a Class B pathogen reduction standard remains on the land surface for four months or longer prior to incorporation into the soil;

(e) Food crops grown on the utilization site are not harvested for at least thirty-eight (38) months after the last application of residual that is treated to a Class B pathogen reduction standard when the crops have harvested parts below the surface of the land and the residual that is treated to a class B pathogen reduction standard remains on the land surface for less than four months prior to incorporation into the soil;

(f) Food crops, feed crops, and fiber crops grown on the utilization site are not harvested from the land for at least thirty (30) days after the last application of the residual that is treated to a Class B pathogen reduction standard;

(g) Domestic animals are not allowed to graze on the land for at least thirty (30) days after the last application of the residual that is treated to a Class B pathogen reduction standard;

(h) Turf grown is not harvested for at least one year after the last application of a residual that is treated to a Class B pathogen reduction standard;

(i) Topsoil is not mined from a site for at least thirty-eight (38) months after the last application of a residual that is treated to a Class B pathogen reduction standard;

(j) Public access to land with a high potential for public contact is restricted at the time of application and for one year after the last application of the residual that is treated to a Class B pathogen reduction standard. At a minimum, signs must be placed at common entranceways, unfenced open areas, and other appropriate locations to provide notice of restricted access; and

(k) Public access to land with a low potential for public exposure is restricted at the time of application and for 30 days after the last application of the residual that is treated to a Class B pathogen reduction standard. If necessary, the Department may require that signs be placed at appropriate locations to provide notice of restricted access, especially at common entranceways or unfenced open areas.

J.Additional Operational Standards for Residuals Containing Heavy Metals

(1) The residual generator must ensure that the following additional operational standards of this subsection are met on sites where residuals that have one or more of the following characteristics are utilized:

(a) Sewage sludge and residuals derived from sewage sludge that contain monthly average metal concentrations in excess of the applicable metal concentrations in table 419.3, column A;

(b) Ash or other liming agents that contain monthly average metal concentrations in excess of the applicable metal concentrations in table 419.4, columns A through C;

(c) Other residuals with monthly average metal concentrations in the residual that exceed the metal standards in Table 419.5, column A, unless the Department determines in a program license that the provisions of this section are not necessary in order to meet the licensing standards in section 4 and 06-096 CMR ch. 400, sections 3 and 4; and

(d) Mixtures of sewage sludge, liming agents and/or other residuals, when the ingredients in the mixture exceed their applicable metal concentrations as outlined above in section 4(J)(1)(a) through (c) of this chapter unless the Department determines in a program license that the provisions of this section are not necessary in order to meet the licensing standards in 06-096 CMR ch. 400, sections 3 and 4.

(2)Prohibition. Sewage sludge or products derived from sewage sludge that have monthly average heavy metal concentrations in excess of the concentrations in Table 419.3, column B, must not be utilized.

(3)Buffer. The buffers and setbacks established in sections 3(B)(2) and (3) must be met. Additionally, unless otherwise provided for in a site specific soil erosion control plan, the residual may not be spread within 25 feet of site waterways including gullies, ravines and swales.

(4)Annual Heavy Metal Loading Limits. The following annual heavy metal loading limits may not be exceeded at the site of utilization, using the calculations in Appendix A.2 of this chapter:

(a) When sewage sludge or a residual derived from sewage sludge is utilized, the annual heavy metal loading limit for any one heavy metal may not exceed the limit in Table 419.3, column C, during any 365 day period;

(b) When ash or other liming agents are utilized, the annual heavy metal loading limit for any one heavy metal may not exceed the limit in Table 419.4, column D, during any 365 day period, unless otherwise approved by the Department in a utilization program license. The Department may waive this requirement only if the standards are not necessary in order for the activity to meet the standards in section 4 of this chapter and 06-096 CMR ch. 400, sections 3 and 4; and

(c) For residuals other than sewage sludge or liming agents that are utilized, the Department may establish annual pollutant loading limits in a utilization program license based on the procedures in Appendix B.2 of this chapter, in order to meet the standards in 06-096 CMR ch. 400, sections 3 and 4, and this chapter.

(5)Heavy Metals in Soil. The concentration of parameters in soil at utilization sites may not exceed the following, as determined by background and on-going representative soil sample analysis, unless otherwise approved by the Department in a program license: The Department may only otherwise approve this in a program license if the Department determines that these standards are not necessary in order to meet the standards in section 4 of this chapter and 06-096 CMR ch. 400, sections 3 and 4.

(a) For sewage sludge, the concentrations in Table 419.3, column E;

(b) For ash or other liming agents, the concentrations in Table 419.4, column F; and

(c) For residuals other than sewage sludge or ash, the concentrations in Table 419.5, column B.

Table 419.3

Heavy Metal Standards for sewage sludge utilization(dry weight)

Heavy Metal	Screening Conc. in sewage sludge (mg/kg)		Ceiling conc. in sewage sludge (mg/kg)		Annual Pollutant Loading Rate at utilization site (kg/ha)		Cumulative Pollutant Loading Rate at utilization site (kg/ha)		Ceiling conc. in soil at utilization site (mg/kg)
Column A		Column B		Column C		Column D		Column E
Aluminum	N/A		N/A						100,000
Arsenic	34		41		1.7		34		73
Barium	N/A		N/A						1500
Beryllium	N/A		N/A						7
Cadmium	10		39		1.9		39		39
Chromium	1000		3000						3000
Cobalt	N/A		N/A						70
Copper	1000		1500		75		1500		1500
Lead	300		300		15		300		300
Mercury	6		10		0.3		6		6
Molybdenum	75		75						15
Nickel	200		420		20		420		420
Selenium	100		100		5		100		100
Silver	N/A		N/A						34
Vanadium	N/A		N/A						300
Zinc	2000		2800		140		2800		2800

Table 419.4

Heavy Metal Standards for ash and other liming agents (dry weight)

Column:	A	B	C	D	E	F
Screening Concentration of pollutants in ash based on the calcium carbonate equivalents of the ash (mg/kg)
CaCO3 equiv in ash	25%	50%	75%
Parameter	Annual Metal Loading Rate (kg/ha)	Cumulative Loading Rate at Utilization site (kg/ha)	Ceiling conc in soil at utilization site (mg/kg)
Aluminum	362,383	724,767	N/A	9,750	195,000	100,000
Antimony	19	37	56	0.5	10	5
Arsenic	20	40	60	0.54	11	73
Barium	7,434	14,867	22,301	200	4,000	2,000
Beryllium	7	14	21	0.19	4	7
Cadmium	30	59	89	0.8	16	8
Chromium	141	282	424	4	76	38
Cobalt	21,836	43,672	65,508	588	11,750	5,875
Copper	5,575	11,150	16,725	150	3,000	1,500
Cyanide	35	71	106	0.95	19	10
Lead	1,394	2,788	4,181	38	750	375
Mercury	2	5	7	0.06	1	1
Molybdenum	1,812	3,624	5,436	49	975	488
Nickel	483	966	1,450	13	260	130
Selenium	19	37	56	0.5	10	5
Silver	126	253	379	3	68	34
Thallium	3	5	8	0.07	1	1
Vanadium	2,555	5,111	7,666	69	1,375	688
Zinc	10,407	20,814	31,221	280	5,600	2,800

Table 419.5

Screening Concentrations for Other Residuals and maximum allowable soil concentrations at utilization sitesmg/kg (dry weight)

Screening Concentration for other residuals	Ceiling Concentration in soil at Utilization sites
Inorganic Compound	Column A	Column B
Aluminum	97,500	100,000
Antimony	5	5
Arsenic	5	73
Barium	2,000	2,000
Beryllium	2	7
Cadmium	8	8
Chromium	38	38
Cobalt	5,875	5,875
Copper	1,500	1,500
Cyanide	10	10
Lead	375	375
Mercury	1	1
Molybdenum	488	488
Nickel	130	130
Selenium	5	5
Silver	34	34
Thallium	1	1
Vanadium	688	688
Zinc	2,800	2,800

K.Additional Operational Standards for Dioxin Containing Residuals. The generator must ensure that the following additional operational standards are met when utilizing residuals with greater than 27 ppt total 2,3,7,8 TCDD equivalents (dry weight):

(1)Prohibition. Residuals containing PCDDs and PCDFs greater than 250 ppt total 2,3,7,8 TCDD equivalents (dry weight) may not be land applied or utilized and may not be blended with other materials to reduce the concentration of TCDD equivalents to meet utilization standards;

(2)Depth to Water Table. Residuals must be applied a minimum of fifteen (15) inches above the groundwater surface at the time of application. If residuals are injected or incorporated, a minimum of fifteen (15) inches separation must be maintained between the water table surface and the limit of incorporation or injection;

(4)Soil Testing and Deed Restrictions. For sites upon which dioxin-containing residuals are land applied, representative soil samples must be collected and analyzed for PCDD / PCDF within three (3) months after the last application of the residual in any year. If the soil concentration is 27 ppt total 2,3,7,8-TCDD equivalents (dry weight) or greater, then the following restrictions apply:

(a) Livestock and domestic fowl whose products are consumed by humans may not be pastured on sites;

(b) Crops for human consumption may not be grown at sites; and

(c) The restrictions in section 4(K)(4)(a) and (b) above apply to subsequent owners of the land utilization site. The licensee and/or landowner must prepare and record, in the Registry of Deeds, information and deed restrictions to provide notice to prospective purchasers and a public record of the location of the utilization site. The information must include that dioxin-containing residuals were land applied to that site; that soil concentrations met or exceeded 27 ppt total 2,3,7,8-TCDD equivalents (dry weight); and that subsequent owners are subject to use restrictions under this section. The generator must submit evidence to the Department that the above information, as well as site location, type of residual, date of utilization, and use restrictions have been recorded at the Registry of Deeds within sixty (60) days after obtaining soil sample analyses results.

L.Additional Operational Standards for Residuals Containing Nitrogen. The provisions of this subsection apply to utilization 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 groundwater.

(1) The setbacks in table 419.1 must be maintained.

(2) At the time of spreading, all soil derived from outwash or stratified drift parent material must have a minimum six inch soil cap of loamy fine sand or finer. Residuals may not be spread within 25 feet up-slope from soil derived from outwash or stratified drift parent material with a cap of six inches or less.

(3) On soil with a depth to bedrock less than 20 inches, and on soils derived from outwash or stratified drift parent material, residuals must be applied during the optimal growing time for the site crop to maximize nitrate uptake. For hay crops grown on these areas, the residual may not be spread after September 15 of any year. When spreading on these soils, available nitrogen must be monitored in the soil in the root zone, and at 18 inches or just above refusal, at the beginning and end of the growing season.

(4)Depth to Water Table. Residuals must be applied a minimum of fifteen (15) inches above the groundwater surface at the time of application.

(5)Depth to Bedrock. Residuals must be applied a minimum of 10 inches above the bedrock surface, including the limits of incorporation.

(6)Buffer. If the utilization activity is proposed within the direct watershed of Marine waters, the buffers and setbacks established in sections 3(B)(2) and (3) must be met. Additionally, unless otherwise provided for in a site specific soil erosion control plan, the residual may not be spread within 25 feet of site waterways including gullies, ravines and swales.

M.Additional Operational Standards for Phosphorus Containing Residuals. The following additional standards apply to utilization of residuals that will be applied, either alone or in combination with other nutrient sources, above the crop uptake rates for phosphorus.

(1)Seasonal Cut-Off Dates. Residuals must be spread before September 15th of each year on somewhat poorly drained and poorly drained soils.

(2)Buffer. The buffers and setbacks established in sections 3(B)(2) and (3) must be met. Additionally, unless otherwise provided for in a site specific soil erosion control plan, the residual may not be spread within 25 feet of site waterways including gullies, ravines and swales.

(3)Slopes. The residuals may not be spread on areas with slope gradients greater than 10% on row crops (such as corn), 15% on perennial crops (such as hay), and 25% in tree growth.

N.Additional Operational Standards for Sludge Utilization.

(1) An abutter to a sludge utilization site may request that sludge not be land applied 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 requesting the setback;

(b) The name of the owner of the land upon which the residual is being spread;

(c) The physical location of the property upon which the sludge is being spread;

(d) A description of the sludge being spread; and

(e) If known, 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 land applied within 50' of an abutter's property boundary, upon notification that the Department has received a written request from the abutter to establish the setback.

06- 096 C.M.R. ch. 419, § 4