06- 096 C.M.R. ch. 425, § 9 - Permit-by-Rule for Asbestos Waste Storage Facilities

A. General Requirements. Prior to disposal off the site of generation, asbestos waste may be stored by a business or public entity in quantities greater than one (1) cubic yard only at a Department-licensed Asbestos Waste Storage Facility permitted under the provisions of this section.
B. Location. An Asbestos Waste Storage Facility (AWSF) must not be located within 500 feet of any public or private school, day care or pre-school, or any other such building utilized for the education of students in grades K through 12. A variance of this requirement may be granted by the Department under extenuating circumstances where pre-existing storage facilities are currently located within 500 feet of educational facilities described in this section and no other feasible storage alternative exists. Also, the ASWF must be located on property in which the licensee has title, right or interest.
C. General Application Requirements. A business or public entity that operates or intends to operate an AWSF must apply to the Department for a permit by rule to operate an AWSF at least 60 days prior to the operation of the AWSF. A licensee must notify the Department at least 14 days in advance whenever it will cease operating its permitted AWSF. Moving an AWSF to a new location requires submitting a new permit by rule application except that there is no 14 day waiting period prior to using the AWSF after theDepartment has approved the application. A business or public entity that obtains an AWSF permit by rule pursuant to this section need not obtain a solid waste storage facility permit pursuant to Maine's Transfer Stations and Storage Sites for Solid Waste Rules, 06-096 CMR 402 of the Maine Solid Waste Management Regulations.
D. Application Procedures. For approval as an AWSF, the following information must be submitted by the applicant on a Department form:
(1) Applicant's name, address, telephone number, contact person, and responsible person with signature;
(2) Anticipated annual asbestos waste volume based upon previous operational data or any other relevant data;
(3) General description of the AWSF including its location;
(4) Site plans, including but not limited to:
(a) Facility boundaries;
(b) Location of the AWSF;
(c) Site security systems;
(d) Fences and gates; and
(e) Existing structures within 500 feet of the AWSF boundary lines with owner(s) name(s) and address(es).
(5) Most recent full-sized US Geological Survey topographic map (7-1/2 minute if available) or other similar map detailing the property; and
(6) An AWSF Operations Manual as set forth below.
E. AWSF Operations Requirements
(1) The AWSF operator must prepare and maintain an Operations Manual regarding the day-to-day operations of the AWSF.
(2) The AWSF operator is responsible for ensuring that persons involved in the day-to-day operation of the AWSF are familiar and comply with the Operations Manual and the requirements of this section.
(3) The AWSF Operations Manual must be submitted to the Department with the permit by rule application and must include procedures to ensure the following requirements are met:
(a) The AWSF must be locked and impact resistant;
(b) The waste must be packaged in a minimum of 2 layers of (six) 6-mil polyethylene sheeting and be fiber-tight, as required by these rules;
(c) Asbestos waste must be adequately wet during storage;
(d) AWSF labeling (placarding) and asbestos waste labeling must be in accordance with OSHA's 29 CFR 1926.1101 (effective August 10, 1994);
(e) Containerized asbestos waste must not be dropped or thrown further than three feet, and caution and due care must be utilized during asbestos waste handling;
(f) Asbestos waste that is leaking or improperly packaged must be immediately repackaged. Dry asbestos waste must be immediately repackaged under controlled abatement conditions complete with negative pressure ventilation;
(g) Site security procedures must prevent unauthorized persons from entering the AWSF; and
(h) Asbestos waste must be removed from the site and transported to a licensed disposal facility at least once per year.


06- 096 C.M.R. ch. 425, § 9

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