06- 096 C.M.R. ch. 700, § 2

Current through 2024-51, December 18, 2024

Section 096-700-2 - Definitions

The following terms as used in this rule have the following meanings:

A.Automobile body shop. "Automobile body shop" means any commercial facility that engages in the repair, replacement, painting, or alteration of automobile and other motorized vehicle bodies or body parts.

B.Automobile maintenance and repair facility. "Automobile maintenance and repair facility" means any commercial facility, including fleet garages, engaged in the repair or replacement of car, truck and van, motorcycle or other motorized vehicle mechanical or exhaust components , or in the replacement of motor oil and other lubricants and fluids.

C. Automobile graveyard. "Automobile graveyard" has the same meaning as found in 30-A M.R.S.A. §3752(1) which states, in part, means a yard, field or other outdoor area used to store 3 or more unregistered or uninspected motor vehicles, as defined in 29-A M.R.S.A. §101(42), or parts of the vehicles. "Automobile graveyard" includes an area used for automobile dismantling, salvage and recycling operations.

D.Board. "Board" means the Board of Environmental Protection.

E.Automobile recycling business. "Automobile recycling business" has the same meaning as found in 30-A M.R.S.A. §3752(1-A) which states, in part, means the business premises of a dealer or a recycler licensed under 29-A M.R.S.A. §§851 to 1112 who purchases or acquires salvage vehicles for the purpose of reselling the vehicles or component parts of the vehicles or rebuilding or repairing salvage vehicles for the purpose of resale or for selling the basic materials in the salvage vehicles, as long as 80% of the business premises specified in the site plan in section 30-A M.R.S.A. §3755-A(1)(C) is used for automobile recycling operations.

F. Commercial hazardous waste facility. "Commercial hazardous waste facility" means a facility which accepts, for handling, hazardous wastes other than those generated on site by the owner of the facility. The handling of residual hazardous wastes generated on site in the process of handling hazardous wastes is included within the scope of the facility's operations. Commercial hazardous waste facility includes mobile treatment facilities.

G. Commissioner. "Commissioner" means the Commissioner of Environmental Protection.

H.Community drinking water well. "Community drinking water well" means a public drinking water well that supplies a community water system as defined under 22 M.R.S.A. §2660-B(2).

I. CMR. "CMR" means the Code of Maine Rules.

J.Department. "Department" means the Department of Environmental Protection composed of the Board of Environmental Protection and the commissioner.

K.Dry cleaning facility. "Dry cleaning facility" means a facility engaged in the cleaning of garments in perchloroethylene by means of one or more washes in the solvent, extraction of the solvent by spinning, and drying by tumbling in an air stream. The facility includes, but is not limited to any washer, dryer, emission control device(s), exhaust dampers, diverter valves, filter purification system, waste disposal system, stills, holding tank, muck cooker, water separators, filters, solvent containers, pump and attendant piping, hoses, ducts and valves. Terms used in this definition have the same meaning as found in Perchloroethylene Dry Cleaner Regulation, 06-096 CMR, Chapter 125(2) (last amended Jan. 14, 2003).

L.Facility. "Facility", as used in this rule, means a facility that poses a significant threat to drinking water.

M.Facilities that pose a significant threat to drinking water. "Facilities that pose a significant threat to drinking water" for the purposes of this rule include:

(1) An automobile graveyard as defined in 30-A M.R.S.A. §3752, subsection 1 or automobile recycling business as defined in 30-A M.R.S.A. §3752(1-A);

(2) An automobile body shop or other commercial automobile maintenance and repair facility;

(3) A dry cleaning facility that uses perchloroethylene;

(4) A metal finishing or plating facility; and

(5) A commercial hazardous waste facility as defined under Maine Hazardous Waste, Septage and Solid Waste Management Act, 38 M.R.S.A. §1303-C(4).

N.Metal finishing or plating facility. "Metal finishing or plating facility" means a commercial or industrial facility that performs any or all of the following: electroplating, plating, polishing, anodizing, coloring and coating operations on metals.

O.M.R.S.A. "M.R.S.A." means the Maine Revised Statutes Annotated.

P.Person "Person" means any natural person, firm, association, partnership, corporation, trust, the State and any agency of the State, government entity, quasi-governmental entity, the United States and any agency of the United States and any other legal entity.

Q.Private drinking water well. "Private drinking water well" means a well that is used to supply water for human consumption and that is not a public drinking water well.

R.Public drinking water well. "Public drinking water well" means a drinking water supply well for a public water system as defined in 22 M.R.S.A. §2601(8).

S.Public drinking water supply. "Public drinking water supply" means any well or other source of water that furnishes water to the public for human consumption for at least 15 connections, regularly serves an average of at least 25 individuals daily at least 60 days out of the year, or that supplies bottled water for sale.

T.Wellhead protection zone. "Wellhead protection zone" means:

(1) In the case of a private drinking water well, the area within 300 feet of the well; and

(2) In the case of a public drinking water well, the greater of:

(1) The area within 1,000 feet of the well; and

(2) The source water protection area of the well if mapped by the Department of Health and Human Services as described under 30-A M.R.S.A. §2001(20-A).

NOTE: The wellhead protection zone only applies to drinking water wells in existence at the time an application for a variance is submitted to the department.

(3)Prohibition on facilities in wellhead protection zones. A person may not install or cause to be installed a facility in a wellhead protection zone.

A.Exceptions. The prohibition of this section does not apply to:

(1) A facility in existence or under construction on September 30, 2008;

(2)The replacement or expansion of a facility in existence on September 30, 2008 as long as the replacement or expansion occurs on the same property and the facility meets all applicable requirements of law;

(3)The installation of a facility located on the same property of a well serving only users of that property.

B. Variances

(1) The Board may grant a variance for a commercial hazardous waste facility, with or without conditions, to the prohibition of this section if the Board determines during the processing of the license application under Licensing of Hazardous Waste Facilities, 06-096 CMR Chapter 856 (last amended Nov. 3, 2002) that granting such variance is consistent with the intent of 38 M.R.S.A. §1391.

(2) The commissioner may grant a variance for any other facility under subsection 2(M) above to the prohibition of this section if:

(a) In the case of a community drinking water well, a private drinking water well or a well that supplies drinking water to a school, the applicant demonstrates to the commissioner's satisfaction that no hydrogeologic connection exists between the proposed facility and the water supply at issue; or

(b) In the case of a public drinking water well other than a community drinking water well or a drinking water well supplying drinking water to a school, the commissioner determines that the engineering and monitoring measures proposed by the applicant exceed regulatory requirements and will effectively minimize the likelihood of drinking water contamination due to the discharge of oil, hazardous matter or waste.

In considering whether to grant a variance under this section, the commissioner may consider the importance of the groundwater resource, the hydrogeology of the site and other relevant factors.

The commissioner may not grant a variance for an automobile graveyard or automobile recycling business to the prohibition of this section in a location that is prohibited under 30-A M.R.S.A. §3753.

06- 096 C.M.R. ch. 700, § 2