GAafr.O"- \N#S >/V\c£. Commonwealth of Massachusetts Executive Office of Environmental Affairs Department of Environmental Protection 31EDtit 02 70 35 0b t ONE WINTER STREET, BOSTON MA 02108 (617)292-5500 ARGEO PAUL CELLUCCI TRUDY COXE Governor Secretary DAVID B STRUHS Commissioner WOOD WASTE RECLAMATION FACILITIES SITING AND PERMITTING REQUIREMENTS GUIDANCE # BWP-98-006 This document provides guidance to the regulated community on the Department of Environmental Protection's requirements for the siting and permitting of facilities that process wood waste through decomposition into loam/topsoil material. 6/W OjvW) Date James C. Colman Assistant Commissioner Bureau of Waste Prevention WOOD WASTE RECLAMATION FACILITIES GUIDANCE # BWP-98-006 TABLE OF CONTENTS Page 1.0 Statement of Intent 1 2.0 Definitions 1 3.0 Applicability 2 MEPA 4.0 3 5.0 Site Assignment 3 6.0 Permit Application 3 7.0 Financial Assurance 7 8.0 Permit Review 7 9.0 Limitations 8 10.0 Background 8 Appendix - Groundwater Monitoring 10 u WOOD WASTE RECLAMATION FACILITIES BUREAU OF WASTE PREVENTION GUIDANCE # BWP-98-006 1.0 Statement of Intent This guidance addresses the solid waste regulatory requirements for wood waste reclamation facilities. Wood waste reclamation facilities manage wood waste resulting from land clearing (stumps, branches, etc.) by consolidating these materials at dedicated locations and covering them with soil. After several years of passive decomposition the material is reclaimed as loam. DEP will classify and regulate wood waste reclamation facilities operating under the terms ofthis guidance as solid waste handling facilities and not as landfills. This guidance defines minimum performance and design standards and operation and maintenance requirements for wood waste reclamation facilities by supplementing and clarifying the provisions CMR of 310 19.000. the "Solid Waste Management Facility Regulations". 2.0 Definitions CMR All terms used in this guidance shall have the meanings set forth in 310 19.000 unless the context clearly indicates another meaning. The following two (2) definitions have been taken verbatim from the solid waste regulations and are repeated here for clarity in understanding this guidance. Handling Facility means any facility that is not a disposal facility, for example transfer stations, storage facilities and other facilities used primarily for the storage, processing or treatment of solid waste. ("Handling facility" includes recycling facilities and composting CMR facilities that are required to obtain a site assignment pursuant to 310 16.05) Wood Waste means discarded material consisting of trees, stumps and brush, including but not limited to sawdust, chips, shavings and bark. Wood waste does not include new or used lumber or wood from construction and demolition waste and does not include wood pieces or particles containing or likely to contain asbestos, or chemical preservatives such as creosote or pentachlorophenol, or paints, stains or other coatings. June 1998 Page 1 of 11 Department of Environmental Protection Guidance # BWP-98-006 The Department adopts the following definitions for the purposes of this guidance. Wood Waste Reclamation Facility means a solid waste handling facility engaged in the process of burying wood waste which passively decomposes for a number of years and then is excavated and processed to reclaim a soil/compost mixture. Zone A means (a) the land area between the surface water source and the upper boundary of the bank; (b) the land area within a 400 foot lateral distance from the upper boundary of the A CMR bank of a Class surface water source, as defined in 310 4.05(3)(a); and (c) the land area within a 200 foot lateral distance from the upper boundary of the bank of a tributary or associated surface water body. 3.0 Applicability This guidance clarifies the regulatory requirements concerning wood waste reclamation facilities, as defined above, by classifying said facilities as handling facilities within the meaning of M.G.L. CMR c. 111. § 150A. the Site Assignment Regulations for Solid Waste Facilities at 310 16.00. and the Solid Waste Management Facility Regulations at 310 CMR 19.000. Wood waste reclamation facilities will not be considered landfills within the meaning of the Department's solid waste regulations provided they comply with this guidance. Furthermore, this guidance is not applicable to facilities that: • process construction and demolition wastes, painted or treated wood of any kind or any other kind of solid waste: • bury wood wastes but do not reclaim them: or • process wood waste by means other than those defined herein. Operators who process wood waste by other means (e.g. chipping etc.) are subject to the regulatory requirements CMR as defined by 310 16.05. CMR In accordance with 310 19.120(l)(b), the following wood waste disposal or handling operations are exempt from obtaining a DEP permit under 310 CMR 19.000 and this guidance provided that the operation incorporates good management practices and is done in a manner to minimize pollution to air, water or other natural resources of the Commonwealth: • wood waste disposal or handling areas exempted from site assignment pursuant to 310 CMR 16.05(5)(d) (single family residence or farm); and • other wood waste disposal areas which will contain a total volume of less than 200 cubic yards. June 1998 Page 2 of 11 . 1 Department of Environmental Protection Guidance # BWP-98-006 MEPA 4.0 New or expanded wood waste reclamation facilities that receive 50 tons or more per day of materials are subject to the Massachusetts Environmental Policy Act (MEPA) and are required to submit an Environmental Notification Form (ENF). CMR 5.0 Site Assignment Requirements - 310 16.00 All wood waste reclamation facilities shall provide documentation, as part of any permit application submitted to the Department, that the facility has a valid site assignment in accordance CMR with 310 16.00. An existing facility must either have received site assignment from the local Board of 1 Health (BOH) or demonstrate that the limits of the current operation are grandfathered in accordance with 16.02: Definitions - Site Assignment . • Operations at existing facilities are limited to the extent of the valid site assigned area. 2. A new facility, or an existing facility that cannot provide documentation of site assignment, must apply for site assignment as a handling facility in accordance with 310 CMR 16.00. • A new facility, or an existing facility without site assignment, is subject to the location restrictions of 16.40(3)(d) unless a waiver from those requirements is requested by the applicant and granted by the Department. 3. Facilities previously assigned by the Board of Health (BOH) specifically as landfills shall be considered adequately site assigned as handling facilities. CMR 6.0 Permit Application Requirements - 310 19.000 General Requirements All wood waste reclamation facilities must have a valid facility permit . CMR issued in accordance with 310 19.000 and this guidance. 1. Existing Facilities a. An existing facility with a currently valid permit may continue to operate in accordance with its current permit provided a written notice is submitted to the Department stating that intention within sixty (60) days of notice by the Department. Based on a review of the record and other information the Department may provide notice to the facility that modification to the facility's operation is needed to comply with the regulations and this guidance. b. An existing facility that had a prior permit or approval from the Department as a wood waste landfill may apply for reclassification as a wood waste reclamation SW BWP facility by filing an application for a permit modification (BVVT 07 or SW 21). That application shall include information that documents how the facility June 1998 Page 3 of 1 1 Department of Environmental Protection Guidance # BWP-98-006 will comply with the regulations and this guidance. c. An existing facility that does not have a prior permit or plan approval from the Department shall apply for a solid waste management facility permit (BWP SW 05 or BWP SW 19) for a new handling facility in accordance with the regulations and this guidance. 2. New Facilities Any person intending to construct, operate or maintain a new wood . waste reclamation facility shall apply for a solid waste management facility permit for a new handling facility (BWP SW 05 or BWP SW 19) in accordance with the regulations and this guidance prior to commencing operations. Facility Plan An application for a new, expanded or existing wood waste reclamation facility . permit shall be submitted in accordance with 19.030 and contain the following information. A locus map. U.S.G.S. topographic or equivalent. 1. 2. A site plan showing all geographical features within 500 feet of the site which (at a minimum) identifies the following: CMR CMR a. all items specified under 310 19.030(3)(c)(l) and 310 19.104(2); b. a description of the limits of site assignment; c. all areas of deposition (existing and proposed); and d. the location of stockpiles following reclamation. A 3. hydrogeological study that provides the data. maps, cross-sections, schematics and numerical parameters which the Department reasonably deems necessary to accurately determine the potential for ground water or surface water contamination from the site. A 4. facility design plan. See 19.030(3)(c)3. a. Deposition of wood waste should not be within five (5) feet of the maximum seasonal high groundwater table elevation. A b. groundwater protection system is not a design requirement for these facilities. 5. An operation and maintenance plan that demonstrates compliance CMR with 310 19.030(3)(c)4. except 4.d.. and which addresses the following. a. Depth of wood waste placement It is recommended that wood waste should not . exceed a depth of 45 feet. At depths greater than 25 feet the operator should address the issue of providing adequate air infiltration throughout the fill. Vents placed every 100-200 feet on center is one method to promote air infiltration. b. Interment period All wood waste should be processed within 5-7 years after . placement. Any wood waste that can not be reclaimed for its intended end use at that time may be reburied with new material being received at the facility. c. Placement methods The development and progression of the site should be . established such that the entire site, once completed, may be reclaimed at a later date. The horizontal and vertical limits of the wood waste must be identified. Documentation shall be presented that the operating size of the site is manageable based on operational procedures (i.e. fill rate, reclamation rate, etc.) to be employed and equipment used at the facility. d. Reclamation methods A detailed reclamation plan should be included which . specifies the length of time required for decomposition, procedures used for June 1998 Page 4 of 1 1 Department of Environmental Protection Guidance # BWP-98-006 monitoring the wood waste for the time between placement and excavation, reclamation method(s) to be employed and the end use(s) of reclaimed materials. e. Property boundary setbacks . New or expandedfacility. Wood waste shall not be placed within 100 feet of the property boundary for a new or expanded wood waste facility. Existingfacility. • For an existing facility the preferred setback distance is 100 feet. This setback distance may be reduced based on site specific considerations including: • Site size. Generally sites of less than 5 acres do not need 100 foot setbacks; and, • Abutting site use. Where a facility abuts a roadway or the owner owns adjacent parcels would be examples of situations allowing reduced setbacks. • In all situations adequate access around the site for maintenance or accessibility during a fire must be' provided. Generally, a 25 foot wide buffer would be the allowable minimum. • Where an existing facility has placed wood waste closer than the required distance, the setback should be increased to the approved distance as the site is reclaimed. The facility plan should indicate how the setback is to be reached and the time frame for accomplishing this. Processing setbacks Processing of wood waste, such as grinding or screening f. . activities, either before placement or after excavation, should be located at least 500 feet from any occupied residential dwelling, prison, bedded health care facility, educational institution (grades k-12). or children's preschool. The applicant should demonstrate that 500 feet will be an adequate setback distance to prevent nuisance conditions from occurring. • The Department may allow a reduction in this distance if the applicant can provide documentation that nuisance conditions, such as dust and noise, will not occur because of specific operating procedures or other control measures. • At both new and existing facilities the applicant should give consideration to using nuisance abatement measures including berms, screening/fencing, noise suppression equipment, working below grade and seasonal operation. A g. storm water control/management plan (19.1 15). A h. fire control safety plan (19.104(5)(f)l.)- A dust, odor and noise control plan i. . • Applicants should furnish detailed dust control measures which will be incorporated into all operations at the site (placement, excavation, grinding, screening, traffic, etc.) and for all seasons and weather conditions. Considerations should be given to using water spray for excavation/processing, maintaining vegetation on filled areas and reducing dust generation on heavily trafficked areas. June 1998 Page 5 of 1 Department of Environmental Protection Guidance # BWP-98-006 Other Operation and Maintenance (O+M) A narrative description of how the j. . facility will comply with general operation and maintenance requirements, as CMR outlined at 310 19.130, with the following exceptions, should be provided. CMR Omit the following sections of 310 19.130: (9),(14),(28),(29),(30),(31),(32). • Replace section 19.130(15) in its entirety and substitute the following: A • 19.130(15) - Cover Material. discussion should be presented relative to all types and amounts of cover materials to be utilized specific to facility operations. • Annual reports identified by section 19. 1 30(34)(d) should be submitted on a form as provided by the Department and submitted to the Department no later than February 1 5th of each calendar year. • Inspections identified by section 19.130(35) should be conducted, at a minimum, bimonthly (every 2 months) unless another frequency is approved by the Department in writing. 6. A groundwater monitoring program which" (at a minimum) establishes one (1) upgradient and three (3) downgradient groundwater monitoring wells or clusters. For sites 5 acres or less in size the Department will consider reducing the number of downgradient wells based on site specifics. At a minimum all sites should have at least one (1) upgradient and one (1) downgradient well. The monitoring requirements should include the following. A a. monitoring plan should address sample collection, sample preservation and shipment, analytical procedures, chain of custody control and sample collection and analytical quality assurance/quality control ("QA/QC"). All analyses shall be conducted by a Massachusetts certified laboratory and done in accordance with methods approved by the Department. All analytical results shall be submitted to the Department within sixty (60) days after the scheduled sampling period. See 19.118(1) and (2). and 19.132(l)(a)-(g). b. At a minimum, groundwater samples should be analyzed for the parameters and at the frequency as listed in the appendix of this guidance titled "Groundwater Monitoring". c. If the concentrations of any of the parameters sampled exceed the state or federal drinking water standards. Maximum Contaminant Levels (MCLs) or alternative standards established in a permit; or guidelines or standards established by a permit, order or authorization issued by the Department for contaminants for which no federal or state standards exist, at any sampling point, the owner/operator shall notify the Department within 14 days of the finding. A 7. closure/post-closure plan shall comply with 19.030(3)(c)5 and include the following. a. The closure plan for a wood waste reclamation facility should include a description of how all the materials are to be excavated, reclaimed and removed from the site upon closure of the facility as a wood waste reclamation facility. b. A post-closure plan should include a description of the methods that will be used to determine that there are no adverse residual effects remaining on-site from June 1998 Page 6 of 11