06-096 C.M.R. ch. 418, § 3 - Beneficial Use Activities Not Subject to the Requirements of this Rule

The following beneficial use activities are exempt from regulation under this rule:

A. The beneficial use of chipped wood from trees, brush, and other plant material generated from land clearing or timber harvesting activities provided that the material is used for fill on the same parcel of land or right-of-way where the waste is generated and the total affected area is less than 1 acre, or used for fuel, mulch or erosion control;

B. The beneficial use of inert fill as fill, drainage material in construction projects or as a raw material in cement, concrete or asphalt production;

C. The beneficial use of processed soil material and aged, fully hardened asphalt in paving material production, and road and parking lot construction and maintenance;

D. The beneficial use of oil-contaminated soil material that has been stabilized with emulsified asphalt as a substitute for virgin aggregate in the production of asphalt pavement;

E. The following beneficial uses of dredge material:

(1) 100 cubic yards or less used on the site of generation and draining into the dredged water body;

(2) 500 cubic yards or less generated during a construction or maintenance project conducted by the Maine Department of Transportation or the Maine Turnpike Authority, used on the site of generation and draining into the dredged water body;

(3) From class A, class AA and class SA water bodies;

(4) On the site of generation containing less than 15% fines (material passing the #200 sieve) from representative sampling, in conformance with E.P.A. SW-846, Test Methods for Evaluating Solid Waste Physical and Chemical Methods, 3^rd Edition, 2013, (E.P.A. SW-846) of a minimum of four samples, or one sample per acre, whichever is more frequent;

(5) From agricultural or residential ponds, ditches and drainage ways when the use occurs on the site of generation;

(6) Generated from normal maintenance of storm water and erosion control structures regulated under 38 M.R.S. §420-C and § 420-D, and free from oil, grease, litter and other contaminants; and,

(7) Containing less than 15% fines and meeting the levels of Appendix A of this rule for the listed constituents in section 7(B)(3) of this rule, when used as beach nourishment fill;

F. The beneficial use of paper in the manufacture of paper and cardboard;

G. The combustion or processing of secondary materials generated exclusively at a facility in that facility's lime kiln, cement kiln, bark and hogged fuel boiler, biomass or conventional fuel boiler, Kraft recovery boiler or sulfite process recovery boiler, and the combustion of wood wastes from land clearing or wood waste from wood products facilities at these facilities;

H. The beneficial use of no more than 1000 whole tires in a recreation area open for use by the public;

I. The beneficial use of no more than 1000 whole tires at a farm or a landfill as weights;

J. The beneficial use of no more than a total of 50 whole tires, each with a maximum rim size of 25 inches in diameter;

K. The beneficial use of pre-separated paper, cardboard, glass, plastic, lumber, and scrap metal, including metal processed from white goods and junk vehicles, as a raw material in the manufacture of commercial products;

L. The beneficial use of non-hazardous:

(1) Blast furnace slag; silica fume; and, coal, multi-fuel, and wood bottom ash; in cement production, flowable fill or concrete batching; and,

(2) Coal, multi-fuel, and wood bottom ash in asphalt batching;

M. The beneficial use of secondary material generated in Maine when it is exported to another state or country;

N. The beneficial use of tire chips used in subsurface waste water disposal units as permitted in the Maine Subsurface Wastewater Disposal Systems rules, 10-144 C.M.R. ch. 241;

O. The beneficial use of waste from Department supervised remedial activities when the beneficial use activity occurs at the site of generation and has been found by the Department to be acceptable following a risk evaluation;

P. The beneficial use of utility poles as utility poles in another location;

Q. Wood ash from the burning of wood wastes is not subject to the requirements of this rule and is not considered a solid waste if the person proposing to beneficially use the woodash submits written documentation to the Department demonstrating that the wood ash is being used as an effective substitute for commercially available products. The user of the wood ash must submit this documentation initially and if the characteristics of the wood ash change;

NOTE: For the purposes of paragraph Q. above, any ash resulting from the burning of wood wastes is considered wood ash. No distinction is made between fly ash and bottom ash.

R. The off-site beneficial use of virgin petroleum contaminated soil from Department supervised site clean-ups;

S. The beneficial use of not more than 800 tons of emulsified asphalt encapsulated petroleum contaminated soil (encapsulated petroleum contaminated soil) as construction fill underneath paved roads and parking lots, and in other civil engineering applications, when the material is from a solid waste processing facility licensed by the Department to produce encapsulated petroleum contaminated soil, and the processing facility has documented through analysis that the petroleum contaminated soil met the definition in section 1 of this rule, the encapsulated petroleum contaminated soil is non-hazardous, and it is used on a parcel of property in accordance with a completed Authorization Form that is in conformance with section 10 and Appendix B of this rule;

T. The beneficial use of the granular components from spent septic system beds as construction fill, provided the spent septic system bed material is covered by a concrete or asphalt paved surface, or by at least 18 inches of soil, and is not used on a residential, school or a property, area or facility open to the public unless it was generated on that property;

U. The beneficial use of crumb rubber smaller than 1/2 inch in size as a drainage material around foundations, retaining walls or similar areas not subject to vehicular traffic; and,

V. The beneficial use of catch basin grit as construction fill, when it is free of obvious grease, petroleum or litter.

NOTE: Beneficial use activities that are exempt from this rule may be subject to the Natural Resource Protection Act, 38 M.R.S. §§480-A to 480-Z, if proposed to be located in, on, over, or adjacent to a protected natural resource.

Notes

06-096 C.M.R. ch. 418, § 3