[HISTORY: Adopted by the Town Meeting of the Town of Madison as indicated in article histories. Amendments noted where applicable.]
Sewage disposal — See Ch. 303.
[Adopted 4-15-1996; printed as amended 6-16-1999]
This article is adopted pursuant to Maine Constitution Article VIII, Part 2; and 30-A M.R.S.A. § 3001.
The Town finds that sludge and septage may contain concentrations of heavy metals, polychlorinated biphenyls and substances which can be harmful to humans, animals, aquatic life, plant life and the natural environment. The Town further finds that its topography, which includes wetlands, numerous brooks and tributaries, and significant groundwater aquifers, makes it uniquely susceptible to environmental damage and, more particularly, that runoff from areas where sludge and septage have been spread would pose a special danger to those water bodies and would threaten the ecological and economic well-being of the Town.
The purpose of this article is to provide an opportunity for effective notice and meaningful public input during the local review process, to provide opportunity for local review, monitoring and enforcement of sludge and septage storage and application activities, including any long-term effects, to ensure adequate remedy for any damage that may occur, to protect the health and safety of the residents of Madison, to enhance and maintain the quality of the environment, and to conserve natural resources through regulation of storage and land application of industrial wastewater treatment plant sludge and septage.
As used in this article, the following terms shall have the meanings indicated:
- Refers to the owner and/or operator of the wastewater treatment plant or generator of the sludge or septage.
- See "significant groundwater aquifer."
- Refers to the Madison Planning Board.
- DEPARTMENT OF ENVIRONMENTAL PROTECTION
- More commonly referred to as "DEP," refers to the State of Maine Department of Environmental Protection, including the Board of Environmental Protection and the Commissioner, and/or its successor agencies.
- EP TOXICITY TEST
- Refers to the extraction procedure toxicity test as described in Section 1.2.4. of the US Environmental Protection Agency (EPA) document entitled "Test Methods for Evaluating Solid Waste, SW 846 (November 1986)."
- Refers to any person who has care, change or control of a landscaping site or storage facility subject to this article. This person may be the owner, an agent, a lessee of the owner, or an independent contractor.
- Refers to any person who, alone or in conjunction with, owns the real property upon which is located a landspreading site or storage facility subject to this article.
- PRIMARY SAND AND GRAVEL RECHARGE AREAS
- Refers to the surface directly overlying sand and gravel formations that provide direct replenishment of the groundwater in sand and gravel and fractured bedrock aquifers. The term does not include areas overlying formations that have been identified as unsaturated and are not contiguous with saturated formations.
- Refers to the Madison Town Selectmen.
- Refers to waste, refuse, effluent, sludge, and materials from septic tanks, cesspools, or similar facilities.
- SIGNIFICANT GROUNDWATER AQUIFER
- Refers to any formation of soil or fractured bedrock that contains significant recoverable quantities of water (greater than 10 gallons per minute from a properly constructed six-inch well). NOTE: Reference may be made to the "Hydrogeologic Date for Significant Sand and Gravel Aquifers" Map prepare by the Maine Geologic Survey. In the event that on-site testing required pursuant to this article identifies additional aquifers or identifies boundaries of aquifers that are different from those mapped, the results of the on-site testing shall control.
- Refers to the solid, semisolid or liquid septage generated by a municipal, commercial or industrial wastewater treatment plant.
- TEMPORARY FIELD STACKING
- Refers to only short-term stacking of materials for not longer than a period of 72 hours before spreading is to occur.
An applicant wishing to deliver, store or spread sludge, septage, or any material containing the aforementioned in Madison shall file an application form with the Board. The application shall be submitted at least 135 days before the date of first delivery, storage or spreading, so as to ensure adequate time for review under this article.
The applicant shall submit 20 copies of the application at least 30 days prior to the Board meeting at which the applicant wishes to be heard.
The application shall be accompanied by a nonrefundable fee of $1,500 established in a Town Fee Schedule revised from time to time by the Madison Town Selectmen and payable to the Town of Madison, Maine, with a note indicating the specific purpose of the fee.
The Board shall require the applicant to deposit an amount not to exceed $25,000 in an interest-bearing account in the name of the Town. The purpose of this account shall be to allow the Town to hire a professional consultant to review the application for compliance with this article as well as conduct such additional studies as may be required to assure that the public health, safety, and natural environment will not be adversely impacted by the proposed sludge spreading or storage. Funds shall be withdrawn from this account only the Treasurer of the Town at the Selectmen's request. Any interest earned and any remaining balance in this account shall be returned to the applicant following approval or denial of the application.
At the meeting at which it is first considered by the Board, the Board shall review the application to determine whether it is complete or whether additional submissions are required. If the application is found to be incomplete, the Board shall notify the applicant in writing within 10 days of the meeting as to what additional submissions are necessary to begin the review process.
The applicant must provide any additional information within 30 days of the date on which the Board gives notice that additional information is required.
The application shall be considered "complete" and "filed" as of the date when all required information is furnished to the Board by the applicant.
A public hearing shall be held within 35 days after the Board determines that the application is complete. The Board shall cause notice of the time, place and date of such hearing to be sent by certified mail, return receipt requested, not less than 10 days before the hearing to the applicant, to abutters of the properties involved, and to owners of any property within 1,000 feet of the properties involved. Owners of abutting properties and of properties within 1,000 feet shall be those listed in the most recent tax records of the Town of Madison. Notice shall also be published at least seven days prior to the public hearing in a newspaper of general circulation in the Town of Madison. Notice shall also be posted in three public places designated by the Board. Failure to receive notice shall not invalidate a public hearing held if the requirements of this subsection have been met.
The Board shall recommend to the Selectmen whether the application should be approved, approved with conditions, or denied. The Selectmen shall take final action within 35 days of the issuance of a license from the DEP, or within 70 days of the Town's public hearing, whichever date is later. Final action by the Selectmen may be approval, approval with condition(s), or denial.
If the applicant/operator is denied a license by the DEP, no action shall be required by the Board. The applicant shall send the DEP approval or denial to the Board within three days of receiving it.
Within seven days of its final action, the Selectmen shall notify the applicant of its action and the reason(s) for such action. Approval of the application, together with the conditions of approval, if any, shall constitute a permit.
Submissions. An application to spread sludge or septage in the Town of Madison shall include the following:
A completed "Application for Sludge Utilization" prepared for the Department of Environmental Protection.
A map of the proposed site that clearly indicates property lines, abutters, owners of property within 1,000 feet, existing water well locations within 1,000 feet, areas not suitable for spreading and the reason(s) therefor, required setbacks and the reason(s) therefor, storage areas, and proximity to any primary sand and gravel recharge area and/or significant groundwater aquifer.
A baseline soils analysis for each site. This analysis shall be conducted in the manner recommended by the Soil Conservation Service for soils testing generally and shall include testing as required be Appendix A of this article.
A hydrogeologic analysis conducted by a certified geologist or registered professional engineer qualified by education and experience to conduct a hydrogeologic analysis. This analysis shall be sufficient to determine that the application of sludge or septage to the proposed site will meet the performance standards set forth in § 321-5B of this article and shall include, but not be limited to, the following:
A site-specific geologic literature search.
Aerial photo interpretation, including a photolineament analysis, to identify potential high-yield aquifers.
Documentation of type, depth, yield, static water level, and length of casing of any water wells within 1,000 feet of a proposed spreading site.
Reconnaissance field mapping by a certified geologist of the surficial and bedrock geologic of the proposed site and all areas within 1,000 feet, which field mapping shall relate any observed bedrock outcrop fracture orientation and spacing data to the photolineament analysis.
Documentation of the hydrogeologic setting of the project site, including but limited to a general description of the depth and expected seasonal variations in the depth to the first groundwater table encountered below ground surface, a description of the general direction of groundwater flow up to the point where discharge to surface water occurs, a description of the relationship of the site to any significant aquifers (those producing over 10 gallons per minute to a properly constructed six-inch water well) including bedrock aquifers or inferred bedrock aquifers.
A description of the background groundwater quality at the upgradient and downgradient edges of the proposed site. This description shall include background levels for any constituent regulated by this article as per Appendix A.
A proposed groundwater monitoring plan to be used just prior to and for two years following the application of the sludge and/or ash, including the proposed horizontal and vertical placement of monitoring wells and all domestic wells within 1,000 feet monitored, frequency of monitoring, and precision of measurement for each parameter to be measured.
A plan for the independent weekly analysis [per the schedule required in § 321-5B(2)(a)] of the sludge or septage (required by Appendix A of this article). Sampling and analysis shall be performed by a state-certified laboratory chosen by the Board in accordance with the DEP document entitled "Methodology for Sampling and Analysis of PCDFs in Sludge and Residual," and shall be performed on all sludge or septage without regard to the source.
Editor's Note: Said appendix is included at the end of this chapter.
A plan for the submission of the results of soils tests to be performed just prior to and twice yearly following the application of the sludge and/or septage for the duration of the permit sought, including the proposed sampling schedule, sampling locations, and parameters to be measured.
The Board may require such information as it deems necessary.
Storage and land application of sludge and septage is prohibited in Madison unless approval has first been obtained from the Board, the Selectmen and from the Maine Department of Environmental Protection.
No sludge or septage may be stored on site in Madison except in a permanent storage facility as provided in the Department of Environmental Protection Regulations Chapter 567 B-4.c. There shall be no winter field stacking of sludge or septage in Madison. Stacking per site shall be limited to the amount approved for use on each site.
If temporary field stacking is to occur, there must be reasonable precautions taken to prevent leaching and/or dispersal into the air.
Spreading shall be allowed only from May 15 to November 15 in any year. Spreading shall not be allowed in any event if it is raining, or if the ground is saturated, frozen or snow-covered.
Testing requirements. Providing that approval of the application is conditioned on approval by the Department of Environmental Protection, the Board shall recommend for approval or conditional approval an application for land spreading (or storage for the purpose of land spreading) if the applicant agrees to comply with any additional testing required by the Board or the Selectmen, including but not limited to the following:
Site testing and monitoring.
Water analysis. The applicant shall install at least two monitoring wells on each site, the number and location of said wells to be determined by a Board-appointed certified geologist or registered professional engineer qualified by education and experience to make that determination. The water in these wells shall be tested quarterly for parameters to be approved by the Board based on the actual constituents of the sludge or septage. At the discretion of the Planning Board or at the request of the owner of an existing well located within 1,000 feet of any site proposed for storage or spreading of any sludge or septage, the Board may require baseline and annual water analysis of any well as required by Appendix A of this article.
Characteristics of sludge or septage.
The Board shall provide for the supervision of an independent random weekly sample of sludge or septage taken at the point of generation after the product has gone through all processing steps necessary prior to delivery. All testing shall be in accordance with the 16th edition of Standard Methods for Examination of Water and Wastewater (1985), published by the American Public Health Association, and the results shall be furnished to the Madison Code Enforcement Officer and/or Board on a schedule approved by the Board.
Sludge and septage. Sludge and septage shall be tested for pollutants as required by the Department of Environmental Protection regulations and as required by this article. In addition to the above requirements, the Board or its agent shall take a representative composite sample of the actual product delivered to Madison and test by the "EP Toxicity Test" and as required by Appendix A of this article.
No sludge or septage may be delivered to, stored or spread in Madison if testing required by this article indicates that concentrations of heavy metals, organic compounds or pollutants exceed the maximum permissible concentrations and/or loading limits appearing in the Department of Environmental Protection Regulations at Chapter 567 B-1.b.
No sludge or septage may be delivered to, stored, or spread on land with a slope of greater than 15%.
Where the proposed application site has a slope of 15% or less, no sludge or septage may be delivered to, stored, or spread within the following setback areas:
Residences; classified bodies of water including lakes, ponds, and streams; water supply wells: 300 feet.
Intermittent streams: 50 feet.
Public roadways; drainage gullies; property boundaries: 25 feet.
Notwithstanding the provisions of Subsection B(3)(b) of this section with respect to water supply wells, no sludge or septage containing human pathogens may be delivered to, stored, or spread on a site closer than a two-hundred-day hydraulic groundwater travel time from the nearest existing water well used for drinking water purposes.
No sludge or septage may be delivered to, stored, or spread over a significant groundwater aquifer, over a primary sand and gravel recharge area, or within the recharge area of a public water supply well.
The sludge or septage shall not cause the State of Maine Primary Drinking Water Standards or the National Primary Drinking Water Regulations, which are incorporated herein by reference, to be exceeded in the groundwater at a distance greater than 100 feet from the edge of the sludge or septage spreading boundary, or at the property line, if it is within 100 feet of the sludge or septage spreading boundary, taking into account existing background groundwater quality under the site. The burden shall be on the applicant to show that the sludge or septage spreading will not cause these standards to be exceeded.
Aquatic impact criteria. The sludge or septage spreading shall not cause the National Water Quality Criteria (freshwater chronic criteria), established by the US Environmental Protection Agency (EPA) to protect aquatic organisms, to be exceeded in classified water bodies that will receive runoff from the sludge or septage spreading site, taking into account the existing quality of those classified water bodies. The freshwater chronic criteria appear in full in the "Guidelines for Deriving Numerical Nation Water Quality Criteria for the Protection of Aquatic Organisms and Their Uses," published in the EPA document Quality Criteria for Water 1989, EPA 440/5-86-001. The burden shall be on the applicant to establish that the sludge and septage spreading will not cause these criteria to be exceeded.
The Board shall not recommend approval of an application for land spreading (or storage for the purpose of land spreading) unless the applicant agrees in writing to furnish the Madison Code Enforcement Officer with copies of all conditions and limitations imposed by the Department of Environmental Protection as well as prompt notice of any changes in the composition of the material, and further testing required by the DEP and the results of those tests, and any annual variations in site spreading or storage plans.
The Board shall not recommend approval of an application unless the applicant agrees in writing to notify the Madison Code Enforcement Officer of delivery of any sludge or septage to Madison, to advise the Code Enforcement Officer of the proposed spreading timetable, and of who is to do the actual spreading. The person spreading sludge or septage shall notify the Code Enforcement Officer as soon as possible prior to spreading, and in any event not later than three days prior to spreading.
The Board shall not recommend approval of an application unless the applicant has provided the landowner and the Town with a written statement indicating that the applicant has agreed or will agree to indemnify the owner for any damages which may result from the spreading of sludge or septage.
The Board shall not recommend approval of an application unless the applicant has entered into a written conditional buy/sell agreement with the owner establishing a fair market price for the land involved in the sludge spreading or storage and agreeing to purchase the land at that price should damage to the land occur.
The Board shall not recommend approval of an application unless the applicant agrees in writing to be financially responsible should the storage or spreading of its sludge prove hazardous to the health and safety of the residents, wildlife, soil, water, and/or air quality of the Town of Madison.
The Board shall require that an applicant provide a fence or barrier suitable to prevent access to the sludge spreading site by unauthorized individuals or animals.
A permit issued under this article shall be valid for a period of five years from the date of issuance and shall be subject to annual review by the Board and Town Selectmen.
At least 14 days prior to annual review, but not more than 30 days prior thereto, the Board shall notify the applicant of the review.
As part of the annual review, the applicant shall submit the following information to the Board in writing:
The names of the applicant and the landowner and the date of the original permit.
A narrative describing the following:
The quantity of sludge and/or septage waste supplied the previous year and the number of acres utilized;
Any problems incurred the previous year;
Any proposed changes in the upcoming year (NOTE: new acreage requires a new application);
Any physical or chemical changes in the sludge or septage waste;
A sludge or septage waste analysis as required in the initial application;
A soil pH for each land acre to which the sludge or septage waste was applied;
Such analysis as the Department of Environmental Protection or Town Selectmen required in the initial approval.
The applicant shall submit a nonrefundable annual renewal fee of $1,000.
If the Board determines that the conditions of the permit were met for the previous year, the Board shall recommend that the permit continue in effect until the next annual review. The Selectmen may, in its discretion, modify or revoke the permit if actions by the applicant or the operator were in violation of this article or if the Board finds that continuation of the permit unreasonably threatens human or animal health and safety.
If at any time, as a result of any testing required by the Department of Environmental Protection, this article, or the Board, elements or compounds are found in quantities which may threaten environmental safety or human or animal health, the Board may require additional testing at the applicant's expense and may modify the conditions applicable to any permit. If the Board as a result of any required testing or risk assessment determines that continued storage or spreading of sludge or septage unreasonably threatens environmental safety or human or animal health, then it may recommend to the Selectmen such appropriate action as it deems necessary, including limitation, modification, suspension or revocation of any permit.
The Madison Code Enforcement Officer shall have the right to enter all land application and storage sites at all reasonable hours for the purpose of inspecting the site for compliance with this article.
If the Code Enforcement Officer finds violations of any permit conditions or of any obligations imposed by this article or Chapter 567 of the Department of Environmental Protection Regulations, the Code Enforcement Officer shall issue a written notice to the landowner, the Board, the applicant, the operator (if different from the landowner) and notify the Department of Environmental Protection.
The Board, upon finding the provisions of this article or conditions of approval are being or have been violated, may recommend that the Selectmen temporarily suspend the permit and the Selectmen may revoke the permit after notice and hearing. The Selectmen may take any action it deems necessary, including prosecution of the code violation pursuant to Rule 80K of the Maine Rules of Civil Procedure.
The applicant and/or operator who violates this article or the conditions of approval, as well as the owner who knowingly permits such violations to occur, shall be guilty of a civil violation and shall be subject to a civil penalty of not less than $500 nor more than $5,000 for each offense. Each day such a violation is permitted to exist after notification shall constitute a separate offense.
An aggrieved party may appeal any final action taken by the Selectmen to the Superior Court pursuant to Rule 80D of the Maine Rules of Civil Procedure.
Should any section or provision of this article be declared by the courts to be invalid, such decision shall not invalidate any other section of this article.
Whenever the requirements of this article are inconsistent with the requirements of any other ordinance, code, or statute, the more restrictive requirements shall apply.
This article may be amended by a majority vote of the Madison Town Selectmen. Amendments may be initiated by a request of the Planning Board, the Town Selectmen, or by petitions bearing the signatures of registered Madison voters equal to, or in excess of, 10% of the votes cast in the last gubernatorial election in the Town. The Town Selectmen shall conduct a public hearing on any proposed amendment.