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DEPARTMENT OF ENVIRONMENTAL PROTECTION
Chapter 408:
RECYCLING AND UTILIZATION OF SOLID WASTE RESIDUALS
TABLE OF CONTENTS
Page
1. The Regulation of Composting and Utilization Facilities...................................................................... 1
2. Recycling Facilities Subject to this Chapter .......................................................................................... 3
Authority ................................................................................................................................................ 7
Chapter 408:
RECYCLING AND UTILIZATION OF SOLID WASTE RESIDUALS
SUMMARY: This chapter establishes rules for recycling and utilizing solid
waste constituents and residuals. This chapter describes which recycling and
waste activities are exempt from licensing under these chapters, which are
regulated under this Chapter, which activities are regulated by Chapter 567
Rules for Land Application of Sludge and Residuals, and which activities are
subject to Chapter 409, Processing Facilities.
1. The Regulation of Composting and Utilization Facilities
A. Exemptions. The following composting and utilization facilities are exempt from the
requirement to obtain a solid waste license:
(1) Home and nursery composting of vegetative wastes generated on site and consisting of less
than 30 cubic yards of vegetative wastes, and
(2) Rendering and fish meal processing plants which produce or handle material for the
production of blood meal, bone meal, fish meal, or other processed food additives or
products.
B. Permit By Rule for Leaf and Vegetative Waste Composting. The following composting
activities shall be granted a solid waste permit to locate the proposed composting facility subject
to compliance with the provisions and conditions listed in Subsection B(3) below:
(1) Leaf composting programs which process less than 3,000 cubic yards of leaves per year and
having a waste facility boundary which encloses an area for mixing and composting of less
than one acre; or
(2) The composting of 30 to 500 cubic yards of vegetative waste.
(3) The composting facilities listed above shall conform to the following siting and operational
standards:
(a) No outdoor storage, processing, or composting of any material shall lie closer than 300
feet to a classified body of surface water.
(b) No outdoor storage, processing, or composting shall occur over a sand and gravel
deposit.
(c) Composting shall not occur in areas where the seasonal high groundwater table is less
than 24 inches below the ground surface or where the minimum depth to bedrock is less
than 40 inches.
(d) The facility shall not be located on a 100-year floodplain.
(e) There shall be a minimum of a 100-foot wide buffer strip between the waste facility
boundary and any other property boundaries.
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DEPARTMENT OF ENVIRONMENTAL PROTECTION
(f) There shall be a minimum of 500 feet of separation between the solid waste boundary
and any wells or springs used for public or private water supply at the time the facility is
sited.
(g) The facility shall not contaminate the waters of the State, ground or surface without a
license pursuant to 38 M.R.S.A. Section 413, et. seq.
(h) The facility shall contain, collect, recycle, or properly dispose of all liquid wastes which
may be generated or received at the facility.
(i) The facility shall control wind-blown litter by providing routine litter maintenance of the
facility site and by preventing any litter from being carried or blown beyond the property
boundary.
(j) The owner or operator shall control access to the composting facility and shall prevent
unapproved wastes from being deposited there.
(k) The owner and/or operator shall control erosion and sedimentation during construction,
operation, and after closure.
(l) The facility shall not be located in, on, or over a protected natural resource. A facility
shall not be located on land adjacent to any protected natural resource so that material or
soil may be washed into it without obtaining a permit pursuant to 38 M.R.S.A. Section
480-E.
(m) The facility shall be located so that the solid waste boundary does not lie closer than 500
feet to the nearest residence or business structure in existence or under construction at
the time an application is submitted to the Department.
(n) Incoming leaves to be composted shall not be stockpiled for more than 2 weeks prior to
being formed into windrow piles which do not exceed 15 feet wide. No stockpile of
large quantities of vegetative wastes shall occur.
(o) All composted leaves or vegetative wastes shall be utilized, distributed to other parties,
or disposed in a licensed solid waste disposal facility within two years from the date of
the materials entering the facility. Utilization may include incorporating compost with
leaves or vegetative wastes when forming new composting windrows.
(p) The compost facility shall be operated to control vectors and odors.
(4) A permit for the activities covered by this Section is granted upon proper application to the
Department. This application shall consist of:
(a) A letter to the Department's Bureau of Solid Waste Management stating the name of the
owner and type and size of the proposed activity;
(b) A U.S.G.S. topographic map clearly showing the location of the proposed activity; and
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DEPARTMENT OF ENVIRONMENTAL PROTECTION
(c) A statement, signed by the owner and operator, that the activity does and will conform to
the siting and operational requirements of Subsection 1(B).
(5) Violations of the conditions under Subsection 1(B) shall constitute a violation of a solid
waste permit, against which enforcement action may be taken.
C. Composting and Utilization Activities to be Regulated Under Chapter 567. The following
activities shall be subject to the provisions of Chapter 567, Rules for Land Application of Sludge
and Residuals.
(1) The storage, landspreading and composting of sludge and residuals, and
(2) The storage and composting of vegetative wastes in excess of 500 cubic yards per year or
leaves in excess of 3,000 cubic yards per year, or which covers an area of greater than one
acre for mixing and composting.
D. Composting and Utilization Activities Regulated Under Chapter 409. The composting of
municipal solid waste or any special waste not specifically regulated under Chapter 567 shall be
regulated under Chapter 409, Processing Facilities.
2. Recycling Facilities Subject to this Chapter. A broad range of waste recycling activities exist or
have the potential to be started as a means to better manage municipal solid waste and other classes
of solid wastes. The degree to which these recycling activities need to be regulated varies according
to the character and volume of the material to be recycled, characteristics of the different activities,
and the characteristics of the wastes that are produced.
A. Exemptions from Solid Waste Licensing. The following recycling activities are exempt from
the requirement to obtain a solid waste license.
(1) Bottle and can redemption centers licensed by the Maine Department of Agriculture.
(2) Recycling facilities which handle recycled solid materials that have been separated from
municipal solid waste prior to their receipt at the recycling facility, and that are free from and
will not produce putrescible or other solid wastes, liquid wastes, or any special or hazardous
wastes, provided that the facility has no outside storage or handling site that:
(a) is located on a 100 year flood plain,
(b) is located within 300 feet of classified water, or
(c) exceeds 3 acres in area.
(3) Automobile dismantling and salvage operations with handling sites of less than 3 acres,
which are subject to the Junkyards and Auto Graveyards Law (Title 30 M.R.S.A. Section
2451-2460) provided that:
(a) A system of containment will be utilized to collect, recycle, or properly dispose in a
licensed facility of all liquid wastes including: oil, transmission, brake, and coolant
fluids and all spilled battery acids;
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(b) There is no open burning of any substances;
(c) There is no disposal or release to the environment of any solid, special or hazardous
wastes; and
(d) The handling site is not located on a 100 year flood plain, within 300 feet of a classified
body of water or on a sand and gravel deposit.
B. Recycling Facilities Regulated Under Chapter 409. The following recycling facilities shall be
regulated under Chapter 409, Processing Facilities.
(1) The shredding of automobiles, appliances, or other scrap metal machinery.
(2) A recycling operation that receives or handles special wastes other than capacitors from
white goods, or that produces a waste for disposal that is a special waste or a hazardous
waste.
C. Recycling Facilities Regulated Under This Chapter. The following recycling facilities or
automobile dismantling and salvage operations shall be regulated under this chapter if the
facilities or operations will not receive, handle, or produce special waste, other than capacitors
from white goods, or hazardous waste.
(1) A recycling facility that receives or produces municipal solid waste or putrescible wastes.
(2) A recycling facility or automobile dismantling and salvage operation that has an outside
storage or handling site that:
(a) is located on a 100 year flood plain, or
(b) is located within 300 feet of classified water, or
(c) exceeds 3 acres in area.
D. Permit Requirements. A person proposing to establish a recycling facility under subsection
2(C) shall obtain a license under this Chapter in accordance with the following requirements.
(1) Facility Location Criteria. The following physical conditions shall exist, at a minimum, prior
to design and construction:
(a) The following buffer strips shall be maintained:
(i) The boundary of the area where waste will be handled or stored shall not lie closer
than 500 feet to the nearest residence in existence at the time the application is filed.
(ii) There shall be a minimum of a 100 foot buffer strip between the area where waste is
handled or stored and all public roads and other property boundaries.
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DEPARTMENT OF ENVIRONMENTAL PROTECTION
(b) The facility shall not be located in, on, or over a protected natural resource. A facility
shall not be located on land adjacent to any protected natural resource so that material or
soil may be washed into it without obtaining a permit pursuant to 38 M.R.S.A. Section
480-E.
(c) The facility shall not overlie an unstable area as defined in Chapter 400 Section 1 of
these Rules.
(2) Required Information. The following information shall be submitted to the Department, at a
minimum, as part of the completed application:
(a) Description. A written description of the proposed facilities including any other types of
solid waste functions to be incorporated (such as brush, demolition debris and white
goods disposal).
(b) Topographic Map. The most recent full-size U.S. Geological Survey topographic map (7
1/2 series if printed) of the area, showing the waste facility boundary, the property
boundary, and existing utilities and structures within 500 feet from the boundary of the
facility site.
(c) Floodplain Mapping. The most recent U.S. Geological Survey, Army Corps of
Engineers or Federal Insurance Administration 100 year frequency floodplain map of the
area (if applicable).
(d) Maine Highway Map. A Maine Highway map, with anticipated haul routes of recycled
material to the primary markets for the recycled material.
(e) Subsurface Investigations Data. At a minimum, test pit data describing the surficial
geology and/or the subsurface soils.
(f) Operation Manual. An operating manual as specified in this Section.
(g) Water Supply. In those cases where a water supply is required at the facility, a
description of the source and its location shall be provided.
(h) Required Design Characteristics:
(i) Plan View of the Site. A detailed plan, at a scale of 1 inch = 100 feet or a larger
engineering scale, shall clearly show all buildings, processing equipment, operating
pads, or other items required in the Department application to 500 feet beyond the
handling site boundaries.
(ii) Plan of Structures, Processing Pads, and Utilities. A large scale map (or construction
drawings) with a scale of 1 inch = 10 feet, or larger engineering scale, shall be
provided, that clearly indicates any building, stationary equipment, storage and
processing pads. If any oils, PCB's battery acid, or other liquids have the potential of
being generated or spilled, plans and a description of how these will be contained
and cleaned should be included in the application.
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DEPARTMENT OF ENVIRONMENTAL PROTECTION
E. Operating Requirements. Unless specified otherwise by a license issued pursuant to the Site
Location Law and Solid Waste Laws, a licensed recycling facility shall comply with the
following operating requirements:
(1) Ground and Surface Water Protection. A recycling facility shall not contaminate the waters
of the State, ground or surface without a license pursuant to 38 M.R.S.A. Section 413 et. seq.
(2) Access to Facilities
(a) The operator shall provide suitable barriers or fencing and gates to limit unauthorized
persons from access to the site.
(b) The operator shall provide and maintain in good repair access roads at the facility site.
Such access roads shall be so designed and constructed that traffic will enter and exit the
site safely, flow smoothly, and will not be interrupted by inclement weather.
(3) The operator shall provide for routine maintenance and general cleanliness of the entire
facility site, as well as litter removal.
(4) The operator shall provide for the washdown or other cleanup (e.g., dry chemical cleanup) of
the facility. Sanitary disposal of any wastewater and washdown waters shall be in
accordance with 38 M.R.S.A. Section 413, et. seq. Washdown waters and leachate shall not
be disposed of on site, but shall be retained in a holding tank or similar structure. A schedule
for pumping and treatment shall be provided in the operations manual.
(5) The operator shall prevent and control fires at the facility site by complying with at least the
following:
(a) Arrange for a nearby fire department to provide emergency service whenever called.
(b) Provide for sufficient on-site equipment such as detachable fire extinguishers,
maintained in working order, for minor fires.
(6) Safety
(a) The operator shall have and maintain adequate first-aid supplies at the facility site during
operating hours and when facility personnel are present.
(b) A means of communication shall be provided for emergency purposes.
(c) The operator shall have a safety plan to prevent accidents at the facility.
(7) Stored Wastes. A schedule and contracts for removal of stored wastes shall be submitted and
included in the operation manual.
(8) Operating Manual
(a) The operator shall prepare and maintain an operating manual of current policies and
procedures. The operating manual shall address all of the operating requirements in this
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section, and shall be subject to review and approval by the Department. The operation
manual shall be included as part of the application.
(b) The operating manual shall include all information that would enable supervisory and
operating personnel, and persons evaluating the operation of the facility, to determine
what sequence of operation, plans, diagrams, policies, procedures and legal requirements
must be followed for orderly and successful operation on a daily and yearly basis.
(c) The operator shall take whatever measures are necessary to familiarize all personnel
responsible for operation of the facility with relevant sections of the operating manual.
(d) A hazardous and special waste exclusion plan shall be developed and implemented as
described in Chapter 405, Section 2.
F. Closing Requirements. The owner or operator shall notify the Department in writing a
minimum of 90 days prior to the proposed date for closing or terminating operations at the
recycling facility. A plan outlining the removal of all waste and the closure operation shall be
submitted to the Department for approval at that time.
AUTHORITY:
38 M.R.S.A. Section 1304; 38 M.R.S.A. Section 343-A.
EFFECTIVE DATE:
May 24, 1989
EFFECTIVE DATE (ELECTRONIC CONVERSION): May 4, 1996
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