06-096 C.M.R. ch. 418, § 10 - Records, Restrictions and Monitoring

A. Authorization Form. When required by a license term or condition, or the terms of an exemption from licensing, a generator of secondary materials shall provide to its clients a completed Authorization Form, prepared using the template in Appendix B of this rule. The generator shall maintain a file with copies of all Authorization Forms issued, and provide it to the Department upon request. Generators must retain each Authorization Form for 3 years. Persons receiving an Authorization Form(s) shall either keep the form(s) on the property where the secondary material is beneficially used or on file at its local office, and provide the Authorization Form(s) to the Department upon request. Persons receiving Authorization Forms must retain them for 3 years after the secondary material is last received at the property.

B. Deed Notice. A licensee for the beneficial use of a secondary material used as construction fill shall, when required by license term or condition, prepare and record in the Registry of Deeds or another permanent record approved by the Department, the following information:

(1) A description of the type and composition of the secondary material(s) placed as construction fill; and,

(2) The location, extent, and depth of the secondary material(s) deposited.

C. Deed Restriction. Dependent upon the nature of the risk posed by the secondary material used as construction fill, the Department may require the licensee to prepare and record a deed restriction that prohibits the secondary material(s) from being uncovered or disturbed in any way without the prior written approval of the Department or other appropriate agency of the State of Maine.

D. Environmental Monitoring. Dependent upon the nature of the risk posed by the secondary material used as construction fill, the Department may require the licensee to implement an environmental monitoring plan that has been reviewed and approved by the Department.

Notes

06-096 C.M.R. ch. 418, § 10