[HISTORY: Adopted by the Town Meeting of the Town of Casco 3-12-1983 by Art. 53. Amendments noted
where applicable.]
GENERAL REFERENCES
Waste management — See Ch. 178.
The regulations set forth in this chapter are adopted to:
[Amended 6-14-2017 by
Art. 27]
This chapter is enacted pursuant to authority granted in 30-A
M.R.S.A. § 3001.
If any part or parts, section or subsection, sentence, clause
or phrase of this chapter or the rules and regulations promulgated
thereunder is for any reason declared to be unconstitutional or invalid,
such shall not affect the validity or constitutionality of the remaining
portions of this chapter or the rules and regulations promulgated
thereunder.
As used in this chapter, the following terms shall have the
meanings indicated:
Geologic deposits or structures from which usable quantities
of groundwater are available for households, municipalities or industries.
The Code Enforcement Officer of the Town of Casco or employees
of the Town of Casco under his direction.
The discharge, dumping, spilling, leaking, or placing of
any materials into or on the land or water or in the air.
The water present in the saturated zone of an aquifer.
All materials and waste in quantities controlled by this
chapter with the characteristics listed below, specifically excluding
salt, solid wastes lawfully deposited at the Casco Recycling and Transfer
Facility, domestic sewage, domestic sewage sludge, nonradioactive
cooling water, boiler blow down water, sand and gravel washing waste,
waste that is lawfully discharged to surface waters or any public
sewerage system, and virgin petroleum products for retail sales or
use on site as a fuel.
[Amended 6-14-2017 by
Art. 27]
TYPE 1TOXIC MATERIALS — A material which, due to toxicity, ability to harm genetic material, or persistence of a representative sample of a standard leachate from the waste, has any of the properties defined below:
Has a concentration of any toxic substance greater than the
existing federal drinking water standards for that substance.
Has a concentration (mg/l) of any substance in the National
Institute for Occupational Safety and Health (NIOSH) Registry of Toxic
Effects of Chemical Substances ("Registry") greater than or equal
to 0.35 times the lowest oral mammalian LD50 expressed in mg/kg units
for that substance.
Has a concentration (mg/l) of any substance equal to 10 times
the lowest ninety-six-hour LC50 (mg/l) for that substance as listed
in the Registry.
TYPE 2REACTIVE MATERIALS —
A material which has any of the following properties:
Materials which in themselves are normally unstable and readily
undergo violent chemical change but do not detonate. Also materials
which may react violently with water, which may form potentially explosive
with water, or which generate toxic fumes when mixed with water.
Materials which in themselves are capable of detonation or explosive
reaction but require a strong initiating source or which react explosively
with water.
Materials which in themselves are readily capable of detonation
or of explosive decomposition or reaction at normal temperatures and
pressures.
Reactive materials can also be identified by the following tests:
Thermally unstable liquid materials can be identified using
the Joint Army-Navy-Air Force (JANAF) L.P. Test No. 6.
Thermally unstable liquid or nonfluid materials can be identified
using the protocol specified in ASTM Standard Method E-476-73.
Materials unstable to mechanical shock can be identified using
the Picatinny Arsenal Impact Test [Picatinny Arsenal Technical Report
No. 1740 (Revision 1) (1958)] or the Bureau of Mines Impact Test [United
States Bureau of Mines Bulletin 346 (1931)].
TYPE 3RADIOACTIVE MATERIALS — Low-level liquid and gaseous radioactive materials and high-level solid, liquid or gaseous materials. Low-level liquid and gaseous radioactive materials shall mean all liquid and gaseous materials that exceed the maximum permissible concentrations for discharge to unrestricted areas as listed in Appendix B, Table II, Columns 1 and 2, of Title 10, Part 20 of the Code of Federal Regulations except that defined as high-level liquid or gaseous radioactive waste. High-level liquid and gaseous radioactive waste includes the liquid and gaseous wastes resulting from the operation of the first cycle solvent extraction system, or equivalent, and concentrated wastes from subsequent extraction cycles, or equivalent, in a facility for reprocessing of irradiated reactor fuel and any other radioactive waste which the Planning Board shall subsequently specify as high-level radioactive waste as adopted by order of the Selectboard.
TYPE 4FLAMMABLE MATERIAL — Any material such that any sample of that material has a flash point less than 140° F. (60° C.) determined by the Pensky-Martens Closed Cup Tester, using the protocol specified in ASTM Standard D-93-73.
TYPE 5CORROSIVE MATERIAL — Any material such that any sample of that material has either of the following properties:
A pH less than two or greater than 12 as determined by the pH
meter, using the protocol specified in the Manual of Methods for Chemical
Analysis of Water and Wastes (EPA-625-16-74 003).
A corrosion rate greater than 0.250 inch per year on steel (SAE
1020) at a test temperature of 130° F. as determined using the
protocol specified in National Association of Corrosion Engineers
(NACE) Standard TM-01-69.
TYPE 6INFECTIOUS MATERIAL — Any material which is generated from the following sources:
Health care facilities. Certain departments of health care facilities
as defined by Standard Industrial Classification (SIC) Codes 8062
and 8069 in the Standard Industrial Classification Manual, 1972, United
States Government Printing Office, Stock No. 4101-0066.
Laboratories, as defined by SIC Codes 7391, 8071 and 8922, but
does not include any waste which is discharged directly to an underground
seepage system at the site at which it is generated.
Any other source as defined by order of the Selectboard.
TYPE 7OTHER MATERIALS — Any material as defined by the Casco Selectboard as being hazardous to the citizens of Casco.
WASTE OILDiscarded oil of any kind whether generated by residential, institutional, commercial, industrial or agricultural sources and shall include oil recovered from spills.
A certificate issued by the Casco Planning Board authorizing
the handling, transportation, storage, or disposal of hazardous materials
for a specific use site by a specific person or firm and specifying
the types of records which must be kept, the types and schedules of
reports which must be filed, and such other requirement which the
Planning Board finds to be necessary for the protection of the health,
safety, and welfare of the citizens of Casco.
Real and personal property acquired, constructed or operated
for the purpose of the storage, use, or disposal of hazardous material.
Such sites shall be placed in one of the following three classifications:
Class I, Class II, or Class III.
Waste oil, liquid chemical waste, containerized gaseous waste
or waste sludge produced by any industrial process or by an industrial
wastewater treatment plant.
An arrangement of chambers and equipment designed for burning
industrial waste to a gaseous emission and a residue. Incinerators
shall have a Class I classification.
A layer of material used as a barrier to impede the movement
of leachate from hazardous materials or industrial waste into groundwater
or surface water. Liners may include but not be limited to natural
soils, asphalt treatments, polymeric membranes and/or treated soils,
metal and plastic containers.
A mass or weight of industrial waste or hazardous material
contained in one transporting container.
A separate record for identifying the quantity, composition,
type and the origin, routing and destination of hazardous materials
or industrial waste.
Any hydrocarbon substances typically unctuous, viscous, combustible,
liquid at 60° F. and soluble in ether or alcohol but not in water.
The combustion of any material under such conditions that
the products of combustion are emitted directly into the open atmosphere
without passing through a stack or chimney.
Any authorized individual responsible for the control of
the site.
Any individual, group of individuals, firm, corporation,
association, partnership or private or public entity, including a
district, county, city, town or other governmental unit or agent thereof,
and in the case of a corporation, any individual having active and
general supervision of the properties of such corporation.
The Casco Planning Board.
Garbage, refuse and other normally discarded solid materials
generated by residential, institutional, commercial, industrial and
agricultural sources but does not include hazardous solids or dissolved
material in domestic sewage or sewage sludge.
The placement of materials in drums, tanks, lagoons, or other
structures intended to retain the materials for subsequent use or
disposal.
A body of water whose top surface is exposed to the atmosphere,
including but not limited to rivers, ponds, lakes, streams, marshes
and wetlands.
Any employment of materials for any purpose unless specifically
exempted by this chapter.
The upper level of the groundwater.
A.
The construction, expansion, or utilization of facilities to handle,
store, or dispose of hazardous materials except Type 3 in quantities
in excess of 120 gallons, 16 cubic feet, or 1,000 pounds at any one
time, or 180 gallons, 24 cubic feet, or 1,500 pounds per month, shall
require a hazardous materials use permit. The construction, expansion,
or utilization of facilities to handle, transport, store, or dispose
of Type 3 hazardous materials (radioactive materials) in quantities
in excess of one pound shall require a hazardous materials use permit.
B.
No person shall construct, develop, establish, operate, manage, own
or maintain an industrial or commercial site which will use, store,
or dispose of hazardous materials in quantities covered by this chapter
without having first obtained a permit from the Planning Board. A
permit or permit renewal shall be issued for a period of one year
from the date of issuance, unless sooner suspended or revoked. Each
permit or permit renewal shall be issued only for the site designated
in the plans accompanying the application and shall not be transferable
or assignable except with the written approval of the Planning Board.
C.
There shall be three classes of hazardous materials use, storage,
and disposal permits issued by the Planning Board. These permits shall
be issued to the respective classes of sites, categorized by the expected
use of the site as described below:
(1)
The three classes of hazardous materials use, storage, or disposal
sites may accept or store hazardous materials in quantities covered
by this chapter in accordance with the following:
(a)
Class I hazardous materials use, storage, or disposal sites
may accept, use, process, and dispose of all types of hazardous materials,
unless specifically prohibited by the Planning Board.
(b)
Class II hazardous materials use, storage, or disposal sites
may accept all types of materials for storage in tanks but only Types
4, 5, 6, and 7 hazardous materials and waste for storage in lagoons
or disposal unless specifically prohibited by the Planning Board.
(c)
Class III hazardous materials use, storage or disposal sites
may accept all types of hazardous materials for safekeeping in tanks
or containers approved by the Planning Board.
(2)
Where a particular hazardous material or an inseparable mixture of
hazardous materials may be categorized into more than one type of
hazardous materials, that which has the lowest type number will be
the basis for determining the class site that must be used for the
disposal of this material or mixture of materials.
A.
The Planning Board shall receive applications from applicants desirous
of being permitted to operate hazardous materials use, storage, or
disposal sites. The application must be made upon forms provided by
the Planning Board and shall contain plans and specifications required
by this chapter. The application shall also contain such other information
as the Planning Board requires, which may include affirmative evidence
of ability to comply with this chapter.
B.
Application for the renewal of a permit must be submitted three months
prior to the expiration date of the permit.
C.
Each application shall be accompanied by a list of direct and indirect
owners, in affidavit form. If the entity is a corporation or association,
the list shall include all officers, directors and other persons owning
10% or more of the corporate stock.
D.
Applications for hazardous materials use permits shall contain the information required in § 62-7 of this chapter.
E.
The Planning Board shall issue permits for hazardous materials use,
storage and/or disposal in accordance with the provisions of this
chapter.
F.
The Planning Board may impose such permit conditions as it determines
are necessary for the protection of the health, safety, and welfare
of the Town of Casco. Such conditions may include, but are not limited
to, testing of groundwater and surface water, specific limitations
on the manner and methods by which hazardous materials are handled,
transported, stored or disposed of, and/or such performance bonding
as the Board determines to be necessary. No such limitation may be
less restrictive than the requirements of this chapter for Class I
and II permits. Variances may be granted for Class III permits provided
that such variances do not increase the risks to the health, safety,
and welfare of the citizens of Casco and meet the purposes of this
chapter.
G.
The Planning Board shall respond within 60 days to a person submitting
an application for a hazardous materials use permit. This response
shall state whether or not the information supplied in the application
is sufficient for the Board to determine that the health, safety and
welfare of the citizens of Casco will be adequately protected. The
Planning Board shall respond to each new set of information presented
by the applicant within 60 days of its submittal. If the Planning
Board determines that the information is sufficient to determine whether
or not the proposed use will threaten the health, safety, and welfare
of the citizens of Casco, it shall call a public hearing on the proposal
within 30 days of formal notice of that determination.
H.
The applicant shall respond to each determination by the Planning
Board that the information contained in the application is not sufficient
with the required information within 45 days, or some other period
of time as specified by the Planning Board.
I.
The Planning Board shall grant a hazardous materials use permit within
45 days of public hearing if it determines that the proposed use will
not threaten the health, safety, and welfare of the citizens of Casco.
If issued, this permit shall contain recordkeeping requirements and
such other conditions as it determines are necessary. If the Planning
Board denies a hazardous materials use permit, it shall state the
reasons for rejection of the application in its order for denial.
J.
A permit issued hereunder shall be kept posted in a conspicuous place
on the permitted facility and must be kept legible from the weather.
K.
The permit shall apply only to the operations and site which are
delineated on plans submitted as part of the application. Additional
areas or services shall be subject to the approval of the Planning
Board in accordance with this chapter.
L.
Separate permits shall be required for hazardous materials use sites
which are located in separate geographical areas even though they
are under the same management.
M.
A separate permit may be issued to a distinct part of a site which
can be identified as a separate unit.
N.
A permittee shall notify the Planning Board of the impending closure
of the site at least 30 days prior to such closure.
O.
Permits shall expire one year from the date of issue, unless sooner
suspended or revoked, but may be renewed.
A.
Class I hazardous materials use permit. A person shall be entitled
to a Class I hazardous materials use permit if he or she meets the
following:
(1)
The applicant must document his or her right, title and interest
to the land on which the hazardous material use, storage, or disposal
is to occur and the site must be at least 20 acres in size.
(2)
If the site is to be used for hazardous materials disposal, the applicant
must have access to at least one piece of earthmoving equipment with
a minimum weight of 17,000 pounds.
(3)
The applicant must have obtained zoning approval from the Town of
Casco for the proposed use and site.
(4)
The applicant must have complied with the minimum criteria set forth
for the particular class site for which the permit is sought as delineated
in this chapter.
(5)
The applicant must have obtained the necessary permits and/or approvals
from the Department of Environmental Protection, the Department of
Health and Human Services, or other departments of the State of Maine
prior to making application for this permit.
[Amended 6-14-2017 by
Art. 27]
(6)
The applicant must affirm that neither the site nor the owner is,
in whole or in part, encumbered in any way whatsoever by any preexisting
injunctive court order prohibiting the use of the site for the use,
storage or disposal of hazardous materials.
(7)
The applicant must have obtained a surety bond in at least the amount
of $1,000,000 guaranteeing the operation on the site in accordance
with these rules and regulations, or the applicant must post a sum
equal to or greater than $1,000,000 with the Town of Casco. The amount
of the bond or account shall be set by the Planning Board, or the
applicant must through any other combination of insurance, bonding
and/or escrow account satisfy the Planning Board that he, she or it
will provide monies for prompt cleanup and victim compensation in
amounts commensurate with potential damages for sudden or non-sudden,
accidental or intentional, releases of hazardous materials from the
site. Any or all of these monies may be used by the Town of Casco
to correct failures to comply with this chapter or to pay for actual
damages it finds have been caused by the applicant's hazardous
materials use, storage or disposal activities. Such surety bonds or
cash deposits shall be held by the Town of Casco for a period of 40
years after the site is no longer in operation.
(8)
The applicant must have submitted an application in accordance with
the procedures and requirements set forth in this chapter.
(9)
The applicant must have paid the application fee.
(10)
The applicant must never have had a Class I hazardous materials use
permit revoked by the Town of Casco.
B.
Class II hazardous materials use permit. A person shall be entitled
to a Class II hazardous materials use permit if he or she meets the
following:
(1)
The applicant must document his or her right, title, and interest
to the land on which the hazardous materials use site is to be operated.
(2)
The applicant must have obtained zoning approval from the Town of
Casco for the site at which hazardous materials use, storage or disposal
will occur.
(3)
The applicant must demonstrate compliance with the minimum criteria
set forth for the particular class site for which the permit is sought
as delineated in this chapter.
(4)
The applicant must have obtained the necessary permits and/or approval
from the Department of Environmental Protection, the Department of
Health and Human Services, or other departments of the state prior
to making application for this permit.
[Amended 6-14-2017 by
Art. 27]
(5)
The applicant must affirm that neither the site nor the owner is,
in whole or in part, encumbered in any way whatsoever by any preexisting
injunctive court order prohibiting the use of the site for the use,
storage or disposal of hazardous materials.
(6)
The applicant must have submitted an application in accordance with
the procedures and requirements set forth in this chapter.
(7)
Security.
(a)
The applicant must agree to:
[1]
Obtain a surety bond of not more than $500,000 to guarantee
the operation of the site in accordance with this chapter; or
[2]
Post a sum of not more than $500,000 with the Town of Casco,
any or all of which may be used by the Town of Casco to correct failures
to comply with this chapter or to pay for damages it finds have been
caused by the applicant's use, storage, or disposal of hazardous
materials.
(b)
The amount of the bond or the amount of cash to be posted shall
be determined by the Planning Board based upon its review of the application
and its assessment of the risk associated with the activities for
which the hazardous materials use permit is being sought. Such surety
bonds or cash deposits shall be held by the Town of Casco throughout
the life of the permitted facility and shall terminate or be relinquished
only after the prescribed closure period, from zero to 20 years, as
set by the Planning Board, has elapsed. Applicants must show the means
whereby acquired surety will remain in force during the prescribed
post-closure period.
(8)
The applicant must never have had a Class II hazardous materials
use permit revoked by the Town of Casco.
C.
Class III hazardous materials use permit. A person shall be entitled
to a Class III hazardous materials use permit if he or she meets the
following criteria:
(1)
The applicant must demonstrate right, title, or interest to the site
at which the proposed hazardous materials use is to be located.
(2)
The proposed use must be in accordance with Chapter 215, Zoning, of the Town Code, and any waivers, variances, special exceptions and other permits for deviations from this chapter must be obtained prior to making application for this permit.
(3)
The applicant must have obtained the necessary permits and/or approvals
from the Department of Environmental Protection, the Department of
Health and Human Services, or other departments of the State of Maine
prior to making application for this permit.
[Amended 6-14-2017 by
Art. 27]
(4)
The applicant must have submitted an application in accordance with
the procedures and requirements of this chapter.
(5)
The applicant must never have had a Class III hazardous materials
use permit revoked by the Town of Casco.
(6)
The applicant must affirm that neither the site nor the owner is,
in whole or in part, encumbered in any way by any preexisting injunctive
court order prohibiting the use of the site for the storage of hazardous
materials.
(7)
The applicant must have paid all fees required by this chapter.
D.
Industrial waste incinerator permit. A person shall be entitled to
an industrial waste incinerator permit if he or she meets the following
criteria:
(1)
The applicant must document right, title and interest to the land
on which the industrial waste incinerator is to be operated.
(2)
The applicant must have obtained zoning approval from the Town of
Casco for the location of the industrial waste incinerator.
(3)
The applicant must have complied with the minimum criteria set forth
as delineated in this chapter.
(4)
The applicant must have obtained the necessary permits and/or approvals
from the Department of Environmental Protection, the Department of
Health and Human Services, or other departments of the State of Maine
prior to making application for this permit.
[Amended 6-14-2017 by
Art. 27]
(5)
The applicant must affirm that neither the site nor the owner is,
in whole or in part, encumbered in any way whatsoever by any preexisting
injunctive court order prohibiting the use of the site for the operation
of an industrial waste incinerator.
(6)
The applicant must have obtained a surety bond in the amount of at
least $1,000,000, the sum to be set by the Planning Board, guaranteeing
the operation on the incinerator site in accordance with this chapter,
or the applicant must post a sum equal to or greater than $1,000,000
with the Town of Casco to correct failures to comply with this chapter
or to pay for actual damages it finds have been caused by the applicant's
hazardous materials use, storage, or disposal activities. Such surety
bonds or cash deposits shall be held by the Town of Casco for a period
of five years after the site is no longer in operation.
(7)
The applicant must have submitted an application in accordance with
the procedures and requirements set forth in this chapter.
(8)
The applicant must have paid the application fee.
E.
The following plans and specifications shall be submitted as application
supporting information for applications for Class I and II permits.
All plans except the initial investigation plan must be stamped by
a registered professional engineer, a registered land surveyor, a
certified geologist, or a registered soil scientist, as is appropriate.
(1)
Initial investigation plan. A copy of the latest geologic survey
map available, with the site outlined, should be submitted prior to
all other required information. This will allow initial investigations
of the area relating to wetlands, aquifers and impacts to shoreland
zones before large investigation and development expenditures are
made.
(2)
Radius plan. A radius plan at a scale of one inch equals 1,000 feet
or larger including all of the information listed below shall be submitted.
The radius plan shall include all areas within a one-half-mile radius
out from all perimeter property lines of the site and shall locate
and delineate the following:
(a)
Zoning of the areas.
(b)
All buildings and dwellings.
(c)
All water supplies (wells, etc.).
(d)
All surface watercourses and other wetlands.
(e)
All roads.
(f)
All boring locations.
(g)
Site property lines.
(h)
North arrow.
(i)
Extent of one-hundred-year floodplain.
(j)
Monitoring well locations.
(3)
Site plan. A site plan at a scale of one inch equals 200 feet or
larger including all of the information listed below for all areas
within the site shall be submitted:
(a)
All boring locations.
(b)
All buildings.
(c)
All water supply wells.
(d)
All surface watercourses and wetlands.
(e)
All roads.
(f)
Site property lines.
(g)
Power lines, pipelines, rights-of-way and other utilities.
(h)
All fences.
(i)
North arrow.
(j)
All disposal trenches (if any).
(k)
Ground contours at two-foot intervals.
(l)
All monitoring well locations.
(4)
Hydrological survey plan. A hydrological study shall be made for
each site at a scale equal to the site plan scale. A plan including
all of the information listed below shall be submitted:
(a)
Groundwater contours at five-foot contours or at closer intervals
if directed by the Planning Board.
(b)
Boring locations.
(c)
Monitoring well locations.
(d)
Top of monitoring well pipe elevation.
(e)
Soil profiles, including groundwater location and impervious
formations.
(f)
Boring logs from borings and monitoring wells.
(5)
Cross-section plan. A minimum of two cross-section plans at the same
scale as the site plan or at a larger scale if directed by the Planning
Board, drawn at right angles, including all of the information listed
below, shall be submitted for Class I and II permits. This includes
industrial waste incinerator permits and at the option of the Planning
Board for Class III permits.
(6)
Operating plan. An operating plan including all of the information
listed below shall be submitted:
(a)
Proposed operations.
(b)
Fire control and prevention provisions.
(c)
Operating hours.
(d)
Types of hazardous materials to be used, stored or disposed.
(e)
Personnel and duties.
(f)
Projected use of completed site if used for disposal.
(g)
Odor control program.
(h)
Equipment to be on site during operation.
(i)
Communication equipment available.
(j)
Estimated life of site.
(k)
Aesthetic considerations.
(l)
Salvaging operations.
(m)
Leachate treatment operations (if any).
(n)
Surface drainage control method.
(o)
Monitoring schedule for air and groundwater contamination.
F.
The following plans and specifications shall be submitted as application
supporting information for Class III permits:
(1)
Radius plan. A radius plan including all of the information listed
below shall be submitted. The radius plan for an automobile service
garage shall include all areas 200 feet in all directions from all
perimeter property lines of the site. The radius plan for all other
sites shall include all areas 1,000 feet from the perimeter property
lines of the site. All radius plans shall locate and delineate the
following:
G.
The following plans and specifications shall be submitted as application
supporting information for Class I industrial waste incinerator permits.
All plans except the initial investigation plan must be stamped by
a registered professional engineer.
(1)
Initial investigation plan. A copy of the latest geologic survey
map available, with the incinerator site outlines, should be submitted
prior to all other required information. This will allow initial investigations
of the area relating to wetlands, aquifers and impacts to shoreland
zones before large investigation and development expenditures are
made.
(2)
Radius plan. A radius plan (scale one inch equals 1,000 feet or larger)
including all of the information listed below shall be submitted.
The radius plan shall include all areas within a one-half-mile radius
out from all perimeter property lines of the industrial waste incinerator
site and shall locate and delineate the following:
(3)
Site plan. A site plan (scale one inch equals 200 feet or larger)
including all of the information listed below for all areas within
the site shall be submitted:
(a)
All boring locations (if any).
(b)
All buildings.
(c)
All water supply wells.
(d)
All surface watercourses and wetlands.
(e)
All roads.
(f)
Site property lines.
(g)
Power lines, pipelines, rights-of-way and other utilities.
(h)
All fences.
(i)
North arrow.
(j)
On-site residue disposal and storage areas (if any).
(k)
Site drainage facilities.
(4)
Construction and engineering plans. A complete set of construction
and engineering plans and specifications relating to the incinerator
and all associated buildings, equipment, and hazardous materials storage
must be submitted.
(5)
Operating plan. An operating plan must be submitted including all
of the information listed below:
(a)
Operating hours.
(b)
Operating and design capacities.
(c)
Personnel and duties.
(d)
Odor control.
(e)
Substitute disposal arrangements.
(f)
Communication equipment.
(g)
Provisions for limited access.
(h)
Aesthetic considerations.
(i)
Residue disposal arrangements.
(j)
Fire control and prevention provisions.
(k)
Routine overhaul and maintenance schedules.
(l)
Industrial waste handling procedures.
(m)
Water and wastewater treatment and disposal.
(n)
On-site traffic control.
(o)
Storage procedures.
(p)
Industrial waste container disposal procedures.
(q)
Monitoring schedule for air and groundwater contamination.
A.
Class I sites shall be located, designed, constructed and maintained
in accordance with the following:
(1)
The containment vessel must be lined on all surfaces except the top
surface with material that is equivalent to or exceeds a five-foot
layer of soil with a permeability of 1.0 x 10-8 centimeters per second.
(2)
Stored materials shall be located within a bermed area all of which
meets the permeability requirements of this chapter and which shall
be large enough to retain all stored materials.
(3)
The liner material may not be reactive with the hazardous material(s)
to be placed in any storage or disposal site.
(4)
Deposited material shall not have top surfaces directly exposed to
the atmosphere.
(5)
The liner must be covered by at least four feet of suitable fill
material that will minimize frost effects on the liner, or a registered
professional engineer must certify that any tanks used will not be
subject to the effects of frost.
(6)
Hazardous materials covered by this permit shall not be stored or
used within 2,500 feet of any residence or public or private drinking
water supply well, and all lands within this area shall be controlled
through ownership, easement, or other legal means to assure that such
uses are not established within 2,500 feet during the life of the
site. Nor shall they be stored or used in any watershed tributary
to a public drinking water supply whether from surface waters or from
wells.
(7)
Sites shall not be located within any one-hundred-year floodplain.
(8)
All areas, including a two-hundred-foot buffer zone, of the site
shall be enclosed with a chain-link fence at least six feet in height.
(9)
The site shall not be located within 1,000 feet of a surface body
of water within its watershed.
B.
Class II hazardous materials use or storage sites shall be located,
designed, constructed, and maintained in accordance with the following:
(1)
The material separating the deposited or stored material and the
highest level of the groundwater table must be equivalent to a five-foot
layer of soil with a permeability of 1.0 x 10-6 centimeters per second.
(2)
Stored materials shall be located within an area all of which meets
the permeability requirements of this chapter and which shall be large
enough to retain all stored materials.
(3)
The liner material may not be reactive with the stored or used hazardous
materials.
(4)
Hazardous materials stored on site shall not have its top surface
directly exposed to the atmosphere.
(5)
The storage area liner and the storage tanks must be certified by
a registered professional engineer to be designed in such a fashion
that frost, normal wear, and foreseeable accidents will not adversely
affect their functioning.
(6)
Hazardous materials covered by this permit shall not be stored or
used within 500 feet of any residence or public or private drinking
supply well, and all lands within this area shall be controlled through
ownership, easement, or other legal means to assure that such uses
are not established within 500 feet during the life of the site. Nor
shall they be stored or used in any watershed tributary to a public
drinking water supply whether from surface waters or from wells.
(7)
The site shall not be within the one-hundred-year floodplain.
C.
Class III sites shall be located, designed, constructed, and maintained
in accordance with the following:
(1)
The Class III hazardous materials storage site shall not be within
the one-hundred-year floodplain unless flood protection of the area
in which hazardous materials are stored is provided by structures
designed by a registered professional engineer.
(2)
The Class III hazardous materials storage site shall provide not
more than one tank with 500 gallons maximum capacity to store waste
oil drained from automobiles or trucks serviced on site.
(3)
Automobile graveyards with Class III hazardous materials storage
permits shall use storage tanks for hazardous materials drained from
unserviceable, discarded, worn-out, or junked motor vehicles, or parts
thereof, stored or processed on site.
D.
There is only one class (Class I) of industrial waste incinerators.
(1)
Class I incinerators may burn all types of industrial waste unless
specifically prohibited by the Planning Board.
(2)
Class I industrial waste incinerators. Class I industrial waste incinerators
shall be located, designed, constructed and maintained in accordance
with the following:
(a)
The minimum temperature at the exit of the final combustion
chamber shall be 1,000° C. and the materials shall be retained
in the combustion chamber for a minimum of two seconds.
(b)
The rate of combustion shall not exceed the design limitations.
(c)
Gaseous and particulate emissions from the incinerator shall
conform to the regulations of the Division of Air Quality of the Department
of Environmental Protection of the State of Maine.
(d)
An alternate method of disposal using a Class I industrial waste
disposal site must be available for use in the event of a breakdown.
(e)
The incinerator shall not be located within 1,000 feet of any
residence or public or private drinking water supply well, and all
lands within this area shall be controlled through ownership, easement,
or other legal means to assure that such uses are not established
within 1,000 feet during the life of the site. Nor shall it be located
in any watershed tributary to a public drinking water supply whether
from surface waters or from wells.
(f)
The incinerator shall not be located within any one-hundred-year
floodplain.
(g)
All areas of the site, including a two-hundred-foot buffer zone,
shall be enclosed with a chain-link fence at least six feet in height.
(h)
The site shall not be located within 1,000 feet of a surface
body of water.
(i)
All industrial waste must be stored within a building or in
an area that would meet the design criteria of a Class I industrial
waste disposal site.
(j)
The residue from the incinerator must be disposed of at a Class
I hazardous materials use, storage or disposal site or at such other
sites outside of the Town of Casco which meet the requirements of
that town and the state in which it is located.
(k)
All water used to quench the incinerator residue, scrub the
flue gas, and clean the facility, as well as all drainings from the
incinerator and the storage buildings, shall be disposed of in a manner
that will not pollute any source of private or public water supply,
any of the waters of the state or groundwaters.
(l)
All incinerator facilities shall have a suitable means for extinguishing
all types of fires.
Class I, II, and III hazardous materials use, storage or disposal
sites shall be operated as follows:
A.
Water contamination. Hazardous materials use, storage or disposal
sites shall be located or operated in a manner so that they will not
cause or contribute to the pollution of any source of private or public
water supply or any surface water or any groundwater.
B.
Open burning. Open burning of hazardous materials at hazardous materials
use, storage or disposal sites shall be prohibited.
C.
Inspection. All land, buildings, facilities and equipment used in
the use, storage or disposal of hazardous materials must be available
for inspection by the Code Enforcement Officer at any reasonable time.
D.
Sampling. All industrial wastes must be available for sampling and
testing by the Code Enforcement Officer at any reasonable time.
E.
Odors. Suitable measures shall be taken to minimize odors originating
at all hazardous materials use, storage or disposal sites. No odors
shall be detectable off the site.
F.
Safety. Hazardous materials use, storage or disposal sites shall
be designed, operated and maintained in such a manner as to protect
the health, safety and welfare of the users of the site, personnel
associated with the operation of the site, and any other persons or
their property who or which might come into contact with the site
or with gaseous or liquid materials emanating from the operations
of the site.
G.
Recordkeeping. Records shall be kept by the operator of the hazardous
materials use, storage or disposal site except Class III sites stating
accurately and truthfully the source, quantity, type of hazardous
materials, hauler and any other pertinent information for each load
of hazardous material accepted for use, storage or disposal. These
records shall be submitted monthly or at some other interval specified
by the Planning Board to the Code Enforcement Officer and made available
during inspections of the site and at other times as requested.
H.
Signs. A sign shall be erected and maintained at the entrance to
the Type I, II, and II hazardous materials use, storage or disposal
site, clearly legible and visible, which shall contain the following:
I.
Fire protection. All hazardous materials use, storage or disposal
sites shall arrange in writing for the Casco Fire Department to provide
emergency service whenever called and shall provide such special equipment
and training as is necessary to reasonably prepare the Casco Fire
Department to respond to emergencies at the site.
J.
Labeling. No Class I, II, and III hazardous materials use, storage
or disposal site shall accept any hazardous material unless each load
has an identifying label accurately describing the contents affixed
to each transporting container.
K.
Maintenance of site. For a period specified in the permit and by § 62-7 of this chapter following the last use, storage or disposal of hazardous materials at permitted sites, the operator shall retain control of the site and maintain the site in a condition consistent with this chapter unless the permitted use of a Class III site was for hazardous materials use and storage only. Such maintenance of the site shall be guaranteed by an escrow account established by the individual or firm operating the site through equal annual payments over the first half of the site's life expectancy. The total amount of this account shall be determined by the Planning Board and shall be a condition of the permit.
L.
Groundwater separation. No land disposal of hazardous materials and
no lagoon storage of hazardous materials shall be conducted where
the deposited material shall be within five feet of the maximum groundwater
table measured during the wet season as determined by the Planning
Board at time of application.
M.
Limited access. Access to and all operations at hazardous materials
use, storage or disposal sites where disposal of hazardous materials
is occurring shall be limited to those hours between sunrise and 1/2
hour past sunset and only when authorized operating personnel are
on duty.
N.
Fire extinguishers. All mobile equipment used at a hazardous materials
use, storage or disposal site shall be equipped with dry chemical
fire extinguishers.
O.
Surface drainage. Adequate measures shall be taken to prevent surface
water runoff from entering the area of hazardous materials use, storage
or disposal and to prevent the collection of standing water within
the hazardous materials use, storage or disposal site.
P.
Hazardous materials disposal areas. The depositing, storing or disposing
of any hazardous material at a hazardous material disposal site in
places not designated for this purpose on the site plan shall be prohibited.
Q.
Borings. A sufficient number of borings, but not fewer than six at
Class I and II sites, shall be installed at each site in order to
allow for the adequate determination of groundwater contours, soil
profiles and other data. The borings shall be installed to a depth
of 20 feet below the groundwater table or to refusal, whichever is
first. Pipes shall be installed in each boring hole so that groundwater
level determinations can be made during the wet season as determined
by the Planning Board a minimum of 24 hours after the boring is installed.
After these measurements have been made, the pipes shall be removed
and the boring holes shall be filled with suitable material prior
to the installation of any liner at the site and/or the acceptance
of any hazardous material at the site.
R.
Monitoring wells. The operator of a Class I and II hazardous materials
use, storage or disposal site shall install and maintain monitoring
wells in locations selected by the Planning Board and which shall
be of a design approved by the Planning Board. It shall be the responsibility
of the operator of the site to arrange for the sampling and analysis
of these wells before the acceptance of any hazardous material and
on a monthly schedule or other schedule as set by the Planning Board
thereafter. Results of these analyses must be submitted to the Code
Enforcement Officer monthly or as required by the permit if another
sampling schedule is set.
S.
Equipment. All operators shall have all equipment necessary for operating
the site in accordance with this chapter. All equipment shall be maintained
in such a manner that it shall be fit for the purposes for which it
was intended by the manufacturers.
T.
Communication. A suitable means of communication (telephone, two-way
radio, etc.) shall be available at the site.
U.
Manifest. The operator of any site shall not accept any industrial
waste unless a manifest is completed for each load of hazardous material.
V.
Insurance. The operator of any hazardous materials use, storage or
disposal site shall be insured for damages to employees and other
persons and their property. The amount of such insurance may be a
condition of the permit.
W.
Automobile graveyard hazardous materials storage. Operators of an
automobile graveyard shall drain, insofar as is practical, all hazardous
materials contained in unserviceable, discarded, worn-out, or junked
motor vehicles, or parts thereof, to tanks provided on site immediately
upon bringing such motor vehicles or parts on site.
X.
Tank inspections. All hazardous material storage tanks shall be tested
annually which test shall meet the requirements of the National Fire
Protection Association 329 Final Test, and tanks failing such tests
shall be reported immediately to the Code Enforcement Officer, material
drained or pumped to another permitted storage or disposal facility
and the faulty tank replaced within 10 days.
Y.
High-level alarms. Such alarms shall be installed and maintained
in liquid storage systems as required in this section and shall meet
the special requirements as set forth below.
(1)
Air-quality-related temporary shutdown. Upon an order from the Casco
Town Manager that because of air inversions or other meteorological
conditions which will adversely affect the ability of the incinerator
to meet the air quality limits in state law and in this chapter or
in permits issued thereunder, the operator shall promptly cease incinerating
wastes until the order is lifted.
Z.
Fire and burglar alarms shall be installed and maintained.
A.
The Planning Board may adopt such guidelines and regulations regarding
the classification, use, handling, storage, or disposal of hazardous
materials as it may deem necessary to implement the provisions of
this chapter.
B.
Representatives appointed from the Town of Casco to serve on the
State Department of Environmental Protection Hazardous Waste Review
Boards shall use this chapter as a standard when reviewing applications
from the Town of Casco.
A.
The Code Enforcement Officer is authorized to suspend or revoke a
permit where he/she finds there has been a failure to comply with
this chapter.
B.
Whenever the Code Enforcement Officer determines that a hazardous
materials use, storage or disposal site is not being operated in conformance
with any portion of this chapter, he/she may cause to have issued
a notice of violation indicating corrective action necessary to comply
with this chapter. Such notice may include an order to cease the operation
of the site where violations of the permit constitute a threat to
the public health, safety, and welfare.
C.
The permit holder may appeal the Code Enforcement Officer's suspension or revocation of his/her permit or the Code Enforcement Officer's notice of violation to the Planning Board for administrative review. The Planning Board shall apply the administrative procedure set forth in § 62-6A in its conduct of that review.
This chapter shall become effective 90 days after approval by
vote of Town Meeting (March 12, 1983).
B.
No applicant for a hazardous materials use permit Class I or Class
II whose present business or hazardous materials use would require
a permit under the conditions of this chapter shall be held to be
in violation of this chapter until such time as the Planning Board
either issues or denies the permit for which application is made.
The Planning Board may consider the permit application made by persons
to whom this section applies for a period not to exceed six months
plus the period of time set by the Planning Board for two extensions
(to be granted at the Board's discretion). If the Planning Board
does not grant the applicant the permit for which the application
is made during the time specified above, the application shall be
deemed to have been denied.
C.
No applicant for a hazardous materials use permit Class III whose
present business or hazardous materials use would require a permit
under the conditions of this chapter shall be held to be in violation
of this chapter until such time as the Planning Board either issues
or denies the permit for which application is made. The Planning Board
may deny the permit application where it determines that the applicant
has failed to provide an adequate application or where it determines
that the applicant has failed to provide such additional information
as the Planning Board has requested pursuant to the provisions of
this chapter.
[Amended 6-14-2017 by
Art. 27]
A.
The permit holder shall keep such records as are required by the
permit and shall make such records available upon the request of the
Code Enforcement Officer of the Town of Casco, the Planning Board
or designees of the Selectboard during normal business hours.
B.
The permit holder shall make all lands, buildings, facilities, and
equipment used in the handling, storage, transportation, or disposal
of hazardous materials available to the Code Enforcement Officer,
the Planning Board and/or other designees of the Selectboard of the
Town of Casco for purposes of inspection at any time.
A.
The permit(s) shall immediately become void and shall be returned
to the Planning Board upon the sale, lease or change in ownership
of the business or other use for which the hazardous materials use
permit has been issued.
B.
The Planning Board may extend the expiration date of the permit for
such time as is required for processing a new application for a hazardous
materials use permit.
C.
The permit shall apply only to those sites, uses and methods specifically
delineated in the application; additional services, changes in operation,
uses, or methods, or changes in sites shall require a separate permit
or a modification of the existing permit at the option of the Planning
Board.
D.
The Planning Board shall issue a temporary permit to the purchaser,
lessor, or other new operator of an existing, permitted hazardous
materials use, storage, transport, or disposal site upon the return
of the previous permit and upon the presentation of a bond or cash
deposit in the amount required for the previous permit. The conditions
of the temporary permit shall be identical to the conditions of the
previous permit. The temporary permit shall be for a period of not
more than six months but may be extended at the option of the Planning
Board.
A.
Persons aggrieved by the conditions of a permit issued by the Planning
Board or the denial of a permit by the Planning Board under the terms
of this chapter may, within 30 days of permit issuance or notification
of denial, appeal the conditions or denial to the Superior Court of
the State of Maine.
B.
Any person found to be in violation of this chapter shall be subject
to a fine of not more than $1,000 and not less than $250 for each
offense. Each day during which a violation occurs shall constitute
a separate offense.
A.
Applicants for a Class I and Class II permit to operate a hazardous
materials use, storage, or disposal site shall pay an application
fee to the Town of Casco of $1,000. Applicants for Class I industrial
waste incinerator permits shall also establish an escrow account from
which the Casco Planning Board may make payments for professional
reviews of and advice on the applications. The amount of this escrow
account shall be $1,000 plus $100 for each 1,000 square feet of the
site or any portion thereof which will be used to store, transport,
process, or dispose of hazardous materials.
B.
Annual permit fees shall be established by Casco Selectboard.
