06-096-854 Me. Code R. § 5

Current through 2024-51, December 18, 2024

Section 096-854-5 - Environmental Performance Standards

A. All hazardous waste facilities must be located, designed, constructed, altered, operated, maintained and closed in a manner that will assure protection of human health and welfare and the environment. Protection of human health and welfare and the environment includes, but is not limited to:

(1) Prevention of adverse effects on ground water quality considering:

(a) The volume and physical and chemical characteristics of the waste in the facility, including its potential for migration through soil or through synthetic liner materials;

(b) The hydrogeological characteristics of the facility and surrounding land;

(c) The quantity, quality and directions of ground water flow;

(d) The proximity and withdrawal rates of ground water users;

(e) The existing quality of ground water, including other sources of contamination and their cumulative impact on the ground water;

(f) The potential for health risks caused by human exposure to waste constituents;

(g) The potential damage to wildlife, crops, vegetation and physical structures caused by exposure to waste constituents;

(h) The persistence and permanence of the potential adverse effects; and

(2) Prevention of adverse effects on surface water quality considering:

(a) The volume and physical and chemical characteristics of the waste in the facility;

(b) The hydrogeological characteristics of the facility and surrounding land, including the topography of the area around the facility;

(c) The quantity, quality and directions of ground water flow;

(d) The patterns of rainfall in the region;

(e) The proximity of the facility to surface waters;

(f) The uses of nearby surface waters and any water quality standards established for those surface waters;

(g) The existing quality of surface water, including other sources of contamination and their cumulative impact on surface water;

(h) The potential for health risks caused by human exposure to waste constituents;

(i) The potential damage to wildlife, crops, vegetation and physical structures caused by exposure to waste constituents;

(j) The persistence and permanence of the potential adverse effects; and

(3) Prevention of adverse effects on air quality, considering:

(a) The volume and physical and chemical characteristics of the waste in the facility, including its potential for volatilization and wind dispersal;

(b) The existing quality of the air, including other sources of contamination and their cumulative impact on the air;

(c) The potential for health risks caused by human exposure to waste constituents;

(d) The potential damage to wildlife, crops, vegetation and physical structures caused by exposure to waste constituents;

(e) The persistence and permanence of the potential adverse effects; and

(4) Prevention of adverse effects due to migration of waste constituents in the subsurface environment, considering:

(a) The volume and physical and chemical characteristics of the waste in the facility, including its potential for migration through soil;

(b) The geologic characteristics of the facility and surrounding land;

(c) The patterns of land use in the region;

(d) The potential for migration of waste constituents into subsurface physical structures;

(e) The potential for migration of waste constituents into the root zone of food chain crops and other vegetation;

(f) The potential for health risks caused by human exposure to waste constituents;

(g) The potential damage to wildlife, crops, vegetation and physical structures caused by exposure to waste constituents; and

(h) The persistence and permanence of the potential adverse effects.

B. The treatment or disposal of hazardous waste at a facility by means of evaporation is prohibited.

C. The burning of hazardous waste in a cast iron and fire-tube boiler or in a boiler having a capacity level of less than 25 million Btu per hour is prohibited.

D. The disposal of hazardous waste within the coastal waters of this State is prohibited. In addition, the disposal of hazardous waste in any ocean waters by a resident of this state is prohibited except that this prohibition does not apply to ocean waters which are within the jurisdiction of another state.

E. The placement of any hazardous waste into any salt dome formation, salt bed formation, underground mine or cave, and the underground injection of hazardous waste, is prohibited.

06-096 C.M.R. ch. 854, § 5