Section 096-854-10 - Additional Standards Applicable to Hazardous Waste Land Treatment FacilitiesNOTE: The management of hazardous waste utilizing land treatment is a technique in which many unknowns remain regarding its efficacy. The Board, consequently, will consider approving applications for such treatment only if there is compelling evidence provided by the applicant that the waste in question can and will be rendered nonhazardous in natural soils under the proposed conditions.
A.Performance Standards(1) The land treatment of hazardous waste must meet the following performance standards:(a) A land treatment facility must be designed and operated to ensure that hazardous waste placed in or on the treatment zone will not migrate beyond the zone and will be degraded, transformed, or otherwise made nonhazardous within the treatment zone within six months from the date of waste placement.(b) A land treated waste or constituent or derivative thereof must not appear in ground or surface waters at a concentration above background level, or above current public health drinking water standards for Maine, including the "Maine CDC Maximum Exposure Guidelines (MEGs) for Drinking Water, December 31, 2016", or standards for aquatic toxicity, whichever is most stringent. Background levels must be those established by analysis required by 06-096 C.M.R. ch. 856, §10(C)(10)(g) prior to treatment or construction related to the treatment unit or of the upgradient monitoring well required by Section 8(D)(1) of this Chapter, whichever is lower. NOTE: Drinking water and aquatic toxicity standards are obtained from current manuals including but not limited to: State of Maine Rules of the Department of Health and Human Services relating to Drinking Water; "Maine CDC Maximum Exposure Guidelines (MEGs) for Drinking Water, December 31, 2016"; "Drinking Water and Health" published by the National Research Council; "Suggested No-Adverse Response Levels (SNARLs)" as determined by the Environmental Protection Agency; "Ambient Water Quality Criteria" manuals, published by the Environmental Protection Agency.
(c) A land treated waste or derivative or constituent thereof must not appear in the atmosphere in concentrations significantly above the background level or exceed current ambient air quality standards for Maine at any time. Background levels must be established by monitoring or demonstrated to have been previously established by monitoring.(2) An applicant seeking a license to land treat hazardous waste must demonstrate to the satisfaction of the Board that:(a) The waste will be rendered nonhazardous using the processes or methods proposed;(b) The design measures and operating procedures will maximize the success of the treatment;(c) The facility design and components including the soils, are compatible with the hazardous waste and the treatment process; and(d) The treatment process can and will be controlled at all times so as to prevent any uncontrolled releases of hazardous waste or its constituents or derivatives and to protect the public health and safety and the environment.B.Design(1) The performance standards can be met by a variety of methods, including but not limited to: (a) Proper siting of the facility on suitable soils, and with suitable subsoil deposits, and under suitable hydrologic conditions;(b) Appropriate application of the waste, together with nutrients, soil buffers, and special bacterial strains as necessary;(c) Cultivation and aeration of the waste/soil layer as necessary;(d) Collection and treatment of runoff.(2) Demonstration that the performance standards will be met must be by small-scale pilot studies in which each waste has been rendered nonhazardous in less than six months. Such a demonstration must comply with 06-096 C.M.R. ch. 856, §10(G).(3) Surface slopes of an active portion of a land treatment facility must not be greater than 5 percent to minimize erosion but must be greater than 0 percent to prevent ponding for periods that will cause the treated area to become anaerobic.(4) The distance from any natural soils barrier to the seasonal high water table at the site must be at least 5 feet.(5) Fugitive emissions, including volatile organic compounds, from the land treatment facility must be controlled in accordance with a plan approved by the Board.(6) The facility must comply with the requirements of 40 C.F.R. §§264.271-264.273, except that references to 40 C.F.R. §264.278 shall mean Section 10(D) of this Chapter, references to Part 261 shall mean 06-096 C.M.R. ch. 850, and references to sections of 40 C.F.R. §270 shall mean 06-096 C.M.R. ch. 856.C.Operation(1) Hazardous waste must not be land treated unless the waste will be made nonhazardous by soil-related biological degradation or chemical reaction within six months from the date of application of the waste to the treatment area.(2) Incompatible wastes must not be treated upslope or downslope of one another, nor placed in the same treatment area.(3) Run-off from active portions of a land treatment facility must be diverted and collected. If the runoff is hazardous, it must be handled as a hazardous waste.(4) Waste must not be applied to the soil when it is saturated or snow covered, or when the soil surface or subsurface is frozen.(5) Wells (other than active monitoring wells) and other direct connections to the subsurface environment within the treatment area of the land treatment facility or within l00 feet therefrom, must be sealed with cement grout or another suitable material prior to any land treatment activity.(6) The facility must comply with the provisions of 40 C.F.R. §264.276, except that references to 40 C.F.R. §261 shall mean 06-096 C.M.R. ch. 850. In addition, food chain crops must not be grown on a treated area or within 300 feet of a treated area of a land treatment facility unless the owner or operator demonstrates to the Board that hazardous waste(s) treated thereon: (a) Will not be transferred to the food portion of the crop by plant uptake or direct contact and will not otherwise be ingested by food chain animals, or(b) Will not occur in greater concentrations in the crops grown on or within 300 feet of the treatment area than in the same crops grown on untreated soils under similar conditions elsewhere in the same region.(7) Waste application and incorporation practices must prevent the zone of incorporation from becoming anaerobic.(8) The pH of the soil-waste mixture in the zone of incorporation must be equal to or greater than 6.5 and maintained until the facility is closed.(9) Supplemental nitrogen and phosphorous added to the soil of the treated area for the purpose of increasing the rate of waste biodegradation must not exceed the rates of application recommended for agricultural purposes by the United States Department of Agriculture (USDA) or the Maine Department of Agriculture, Conservation and Forestry.(10) The facility must comply with the provisions of 40 C.F.R. §§264.281-264.283, except that references to 40 C.F.R. §§261.21 and 261.23 shall mean 06-096 C.M.R. ch. 850, references to 40 C.F.R. §264.17(b) shall mean Section 6(C)(8) of this Chapter and references to 40 C.F.R. Part 268 shall mean 06-096 C.M.R. ch. 852.D.Air, Ground Water, Surface Water and Soil Monitoring. The facility must comply with the provisions of 40 C.F.R. §264.278, except that references to 40 C.F.R. §264.271(b) shall mean Section 10(B)(6) of this Chapter. (1) An unsaturated zone monitoring system must be operational before the placement of waste on the land. The system must: (a) Detect the vertical migration of hazardous waste(s) and constituents thereof beneath the treatment area of the facility, and(b) Provide information on the background concentrations of the hazardous waste(s) and constituents thereof in similar but untreated soils nearby (at least 300 feet from the active treatment zone), and(c) Monitor soils using soil cores, and(d) Monitor soil-pore water using devices such as lysimeters. The system must be approved by the Department prior to licensing.
(2) A ground water monitoring system, in accordance with Section 8(D) of this Chapter, must be operational prior to the placement of waste on the land.(3) The Board or the Department may require surface waters within or adjacent to a facility or facility property to be monitored in accordance with a plan approved by the Board or Department, as applicable.(4) Emissions, including fugitive emissions, from the facility must be monitored in accordance with Section 8(F) of this Chapter.E.Surveying and Recordkeeping. The owner or operator of a land treatment facility must maintain and keep current, in the facility operating record for as long as the facility is operated, a record of types and quantities of hazardous waste(s) treated, application dates, rates, and location, repairs, accidents and abatement measures taken within the treatment facility for the entire life of the facility. The Department may require that a current copy of that record be kept on file with the Department. Upon facility closure, such records must be delivered to the Department.F.Special Closure Requirement. The facility must comply with the provisions of 40 C.F.R. §264.280, except that references to other sections of 40 C.F.R. Part 264 shall mean this Chapter.06-096 C.M.R. ch. 854, § 10