Section 096-420-3 - Licensing ProcessA. Processing of Applications. Applications for any septage facility license, license amendment, license renewal or license transfer will be processed in accordance with the requirements of Department Regulations Chapter 2, Rules Concerning the Processing of Applications, unless otherwise specified in this Chapter. All applications must be submitted on the appropriate forms developed by the Department.B.Types of Licenses(1) New Septage Facilities and License Renewals. Any applicant proposing a new septage facility, or proposing to renew an existing septage facility license, shall obtain all applicable licenses pursuant to this Chapter.(2) Occasional-Use Septage Land Application Sites. A septage land application site may be licensed, at the request of the applicant, as an Occasional Use Septage Land Application Site. Under this licensing scenario, the applicant must meet all the requirements of this Chapter, with the following, additional restrictions: (a) The site may only be used for land application once every two years.(b) Septage may be applied for a maximum of fourteen (14) consecutive days, only during the period from June 15 to September 15. If the licensee subsequently proposes to no longer operate the site as an Occasional Use Septage Land Application Site, the licensee must submit an application for a license amendment.
(3) Modifications to Licensed Septage Facilities. Any applicant proposing to modify an existing licensed septage land application or storage site shall obtain a license amendment or minor revision pursuant to this Chapter. In general, an amendment to a license covers substantial changes to the site, such as physical site expansion, addition of a storage facility, or a major change in site operation. A minor revision may be requested for changes to the site or site operation which have a minimal impact on the operation, such as physical site reduction. A Department order approving the license modification must be received from the Department before the modification is undertaken. (a) License Amendments.A request for a license amendment must include the following information: (iii) Explanation of the amendment requested.(iv) All application information related to the proposal as required in the pertinent sections of this Chapter.(v) Copy of the Notice of Intent to File, as required by 06-096 CMR Chapter 2.(b) Minor Revisions. A request for a license minor revision must include the following information: (iii) Explanation of the minor revision requested.(iv) All application information related to the proposal as required in the pertinent sections of this Chapter.C.Licensing Criteria(1) Septage Facilities. The Department shall issue a license for a new, existing or modified septage facility whenever it concludes that: (a) The facility will not contaminate waters of the State;(b) The facility will not constitute a hazard to health or welfare;(c) The facility will not contaminate the ambient air;(d) The facility will not create a nuisance; and(e) The applicant has the financial capacity and technical ability to develop the project in a manner consistent with state environmental standards. An applicant's adherence to the specific requirements of this Chapter will allow the Department to make the above conclusions. Any alternatives to the requirements must be proposed pursuant to the variance procedures in subsection 3(F).
The Department must also find that the proposed, existing or modified septage facility satisfies all applicable requirements of 38 M.R.S.A. §1301et seq. and this Chapter.
(2) Municipal Septage Management Compliance Permit. The Department shall issue a Municipal Septage Management Compliance permit whenever it concludes that a municipality has satisfied the criteria and standards in section 17 of this Chapter.D.Septage Facility License Term. Septage Facility licenses may be issued for a term not to exceed five (5) years. In determining the term of a license the Department will take into consideration all information in the record of the applicant and other information available to the Department. All licenses for septage facilities issued prior to March 30, 1986 which were not renewed prior to the effective date of this Chapter are considered to be expired.E.License Conditions. The Department may impose any reasonable requirement as a license condition to assure compliance with State law or this Chapter. The following requirements are standard conditions to the licenses of all septage facilities: (1) Approval of Variations from Plans. The granting of this approval is dependent upon and limited to the proposals and plans contained in the application and supporting documents submitted and affirmed to by the applicant. Any Department variation from these plans, proposals, and supporting documents is subject to review and approval prior to implementation.(2) Compliance with All Applicable Laws. The applicant shall secure and comply with all applicable federal, state, and local licenses, permits, authorizations, conditions, agreements, and orders prior to or during construction and operation, as appropriate.(3) Compliance with All Terms and Conditions of Approval. The applicant shall submit all reports and information requested by the Department demonstrating that the applicant has complied or will comply with all terms and conditions of this approval. All preconstruction terms and conditions must be met before construction begins.F. Variances. Whenever an applicant or licensee seeks a variance to the provisions of this Chapter, application must be made to the Department to request a variance. Sections of this Chapter to which a variance will not be granted by the Department are identified within the appropriate section. (1) Variance Request. Requests for a variance must include: (a) Identification of the specific provisions of this Chapter from which a variance is sought;(b) The reasons why a variance is requested, including the environmental and technological justifications;(c) The alternative operational procedures and site alterations proposed, and the reasons why the alternatives meet the intent of this Chapter; and(d) Any other relevant information to support the variance request. _________________________________________________________________________
(NOTE: 38 MRSA Section362-A contains provisions for experiments and scientific research. The results from such studies may be used in support of a variance request.)
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(2) Granting Variances. The Department may grant a variance to designated provisions of this Chapter. The variance will be granted if the Department concludes that, while operating under a variance to this Chapter:(a) The facility will not contaminate waters of the State;(b) The facility will not constitute a hazard to health or welfare;(c) The facility will not contaminate the ambient air;(d) The facility will not create a nuisance;(e) The applicant has the financial capacity and technical ability to develop the project in a manner consistent with state environmental standards; and(f) The applicant has affirmatively demonstrated that the intent of the rules will be met.06- 096 C.M.R. ch. 420, § 3