[HISTORY: Adopted by the Town Meeting of
the Town of Madison as indicated in article histories. Amendments
noted where applicable.]
GENERAL REFERENCES
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.
A.
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.
B.
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.
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.
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.
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.
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.
Refers to only short-term stacking of materials for not longer
than a period of 72 hours before spreading is to occur.
A.
Procedure.
(1)
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.
(2)
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.
(3)
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.
(4)
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.
(5)
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.
(6)
The applicant must provide any additional information
within 30 days of the date on which the Board gives notice that additional
information is required.
(7)
The application shall be considered "complete" and
"filed" as of the date when all required information is furnished
to the Board by the applicant.
(8)
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.
(9)
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.
(10)
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.
(11)
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.
B.
Submissions. An application to spread sludge or septage
in the Town of Madison shall include the following:
(1)
A completed "Application for Sludge Utilization" prepared
for the Department of Environmental Protection.
(3)
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.
(4)
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.[1]
[1]
Editor's Note: Said appendix is included at
the end of this chapter.
(5)
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)
A site-specific geologic literature search.
(b)
Aerial photo interpretation, including a photolineament
analysis, to identify potential high-yield aquifers.
(c)
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.
(d)
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.
(e)
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.
(f)
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.[2]
[2]
Editor's Note: Said appendix is included at
the end of this chapter.
(g)
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.
(6)
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[3]). 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.
[3]
Editor's Note: Said appendix is included at
the end of this chapter.
(7)
A plan for the submission of the results of the tests required in § 321-5B(2)(b) and (c) of this article.
(8)
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.
(9)
The Board may require such information as it deems
necessary.
A.
General standards.
(1)
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.
(2)
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.
(3)
If temporary field stacking is to occur, there must
be reasonable precautions taken to prevent leaching and/or dispersal
into the air.
(4)
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.
B.
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:
(1)
Site testing and monitoring.
(b)
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.[1]
[1]
Editor's Note: Said appendix is included at
the end of this chapter.
(2)
Characteristics of sludge or septage.
(a)
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.
(b)
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.[2]
[2]
Editor's Note: Said appendix is included at
the end of this chapter.
(c)
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.
(3)
Hydrogeologic criteria:
(a)
No sludge or septage may be delivered to, stored,
or spread on land with a slope of greater than 15%.
(b)
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:
(c)
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.
(d)
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.
(e)
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.
(4)
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.
C.
Additional requirements.
(1)
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.
(2)
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.
(3)
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.
(4)
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.
(5)
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.
(6)
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.
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.
B.
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.
C.
As part of the annual review, the applicant shall
submit the following information to the Board in writing:
(1)
The names of the applicant and the landowner and the
date of the original permit.
(2)
A narrative describing the following:
(a)
The quantity of sludge and/or septage waste
supplied the previous year and the number of acres utilized;
(b)
Any problems incurred the previous year;
(c)
Any proposed changes in the upcoming year (NOTE:
new acreage requires a new application);
(d)
Any physical or chemical changes in the sludge
or septage waste;
(e)
A sludge or septage waste analysis as required
in the initial application;
(f)
A soil pH for each land acre to which the sludge
or septage waste was applied;
(g)
The results of the quarterly water analysis required under § 321-5B(1)(b) of this article;
(h)
Such analysis as the Department of Environmental
Protection or Town Selectmen required in the initial approval.
D.
The applicant shall submit a nonrefundable annual
renewal fee of $1,000.
E.
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.
A.
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.
B.
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.
C.
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.
D.
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.
A.
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.
B.
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.
