Section 096-419-9 - Permit by Rule Site License for the Utilization of Digested Type IA, IB and IC ResidualsA. Applicability. Only digested Type IA, IB and IC residuals that have received program approval from the Department, and which meet all the standards of this section, may qualify for a permit-by-rule under this section. For the purposes of this chapter, the term "digested" means that the residual has undergone aerobic digestion or anaerobic digestion as defined in Appendix B of this chapter. Failure to meet any of these standards will require a complete license application pursuant to sections 2 through 7 of this chapter. The Department presumes that the utilization of digested Type IA, IB and IC residuals in strict conformity with these permit by rule provisions will meet the standards in the Solid Waste Management Rules: General Provisions, 06-096 CMR ch. 400, section 4 and sections 2 through 6 of this chapter. No variances to the requirements of this section may be granted. NOTE: See 06-096 CMR ch. 400 for a full definition of Type IA, IB and IC residuals. Type IA residuals are leaf, vegetative and other residuals with a C:N ratio of greater than 25:1. Type IB residuals are food and other residuals with a C:N ratio of between 25:1 to 15:1. Type IC residuals are fish and other residuals with a C:N ratio of less than 15:1. C:N refers to the ratio of available carbon to nitrogen of the raw residual. See 06-096 CMR ch. 410 Appendix A for a list of typical C:N ratios for various residuals.
B.Standards. To qualify for a permit-by-rule, all of the following standards must be met. Failure to meet any of these standards will require formal application to the Department for a utilization site license pursuant to sections 2 through 7 of this chapter: (1) Only digested Type IA, IB and IC residuals approved in the applicant's agronomic utilization program license shall be utilized at the site. The applicant must continue to adhere to all requirements in its agronomic utilization program license;(2) Residuals proposed for utilization must meet the Class A vector attraction reduction standards of Appendix B(4)(A) of this chapter;(3) Only digested Type IA, IB and IC residuals meeting the screening concentration standards in Table 419.5 of this chapter, or residual-specific ceiling concentrations established in the applicant's program license, may be utilized at the site;(4) The loading rate of the digested Type IA, IB and IC residuals shall be commensurate with the nutritional needs of the crop to be grown; NOTE: Department of Agriculture Regulations, Nutrient Management Rules, 01-001 CMR ch. 565, requires farms utilizing residuals to have a licensed nutrient management specialist develop a whole farm nutrient management plan. While the plan itself need not be submitted to the Department (DEP), the information in any existing plan should form the basis for the above determination that additional nutrients are needed on a farm.
(5) The spreading area must meet the applicable minimum setbacks in section 3(A) and 3(B) of this chapter;(6) Digested Type IA, IB and IC residuals must be applied a minimum of 10 inches above the bedrock surface on established perennial crops such as hay and 20 inches above the bedrock surface for other/row crops, including the limits of incorporation;(7) Digested Type IA, IB and IC residuals must be applied a minimum of 15 inches above the groundwater surface at the time of application;(8) Digested Type IA, IB and IC residuals shall not be spread on areas with slope gradients greater than 15%;(9) Digested Type IA, IB and IC residuals may not be applied when the site is frozen, snow covered or water saturated; such that the digested Type IA, IB and IC residuals will be washed into surface water; or placed directly into surface waters or below the groundwater table;(10) Digested Type IA, IB and IC residuals may not be stockpiled at the utilization site;(11) The generator must inform the Department each time the digested Type IA, IB and IC residuals will be applied at the site at least one working day before the anticipated date of spreading. This notification requirement can be satisfied in person, with a telephone call, voice mail message, e-mail, letter, or fax to the Residuals Utilization Unit of the Division of Solid Waste Management at the Department's central office or appropriate regional office;(12)Record Keeping and Reporting. The generator shall keep records and file an annual report of the volume of digested Type IA, IB and IC residuals utilized in Maine each year in accordance with section 6 of this chapter; and(13)Certification. A statement signed by the applicant that the utilization of the digested Type IA, IB and IC residuals will conform to the requirements of this section.C.Notification Requirements. The applicant shall submit to the Department, a permit-by-rule notification in sufficient time for Department receipt at least 15 working days prior to the anticipated first date of agronomic utilization of the digested Type IA, IB and IC residuals at a site. The permit-by-rule notification shall be on a form provided by the Department. Within 15 working days of receipt of the permit-by-rule notification, the Department shall mail notice to the applicant indicating whether the notification meets the permit-by-rule notification provisions of this section. If the notice to the applicant is not mailed within 15 working days of receipt, the permit-by-rule notification is deemed accepted. The notification must include:
(1) The applicant's name, address, telephone number, e-mail address, and contact person;(2)Public Notice. Proof that public notice of the application has been provided as required in 06-096 CMR ch. 400, section 3(B)(1)(c);(3)Title, Right, or Interest. Information demonstrating that the generator has sufficient title, right, or interest in a property proposed for utilization by providing;(a) The submissions enumerated in 06-096 CMR ch. 2, section 11(D); or(b) A copy of an agreement between a landowner(s) and a residual generator certifying that the owners own the land and agree to allow the utilization of the residual on the property. The agreement must also include the signature, printed name, and address of the generator and all property owners, site location, description of the area authorized for use including acreage, and if available, the map and lot number from municipal tax maps;(4) The applicant's digested Type IA, IB and IC residual agronomic utilization program license number;(5)Site Maps(a)Topographical Map. A clear, legible copy of the most recent 7.5 minute US Geological Survey topographic or equivalent map marked with the proposed utilization boundaries and site owner's property boundaries.(b)Site Sketch. Clear legible site sketch(es) of the proposed utilization area(s) of sufficient quality and scale, and with sufficient features to ensure that the person spreading the residual can determine appropriate utilization boundaries. At a minimum the map must depict the area suitable for utilization, buffers and setbacks, features requiring buffers and setbacks, drainage features, and the map scale, orientation, and title.(c)Soils Map. A clear, legible copy of the appropriate United States Department of Agriculture (USDA) Natural Resources Conservation Service (NRCS) County medium intensity soil survey map with the site clearly outlined and a copy of the key to the soil mapping units.(d)Sand and Gravel Aquifer Map. If the proposed site is within 500 feet of a sand and gravel aquifer, a clear, legible copy of the most recent Hydrogeologic Data for Significant Sand and Gravel Aquifer map with the proposed utilization site clearly delineated;(6)Soil Nutrients. Representative soil nutrient analysis for the site;(7) Travel directions from the site of generation to the utilization site, anticipated spreading schedule, estimated volume or tonnage, and acreage involved;(8) A statement by the applicant that the utilization of the digested Type IA, IB and IC residuals will conform to the requirements of this section; and(9) The appropriate application fee.06- 096 C.M.R. ch. 419, § 9