Pursuant to the provisions of 38 M.R.S.A. Section 1310-N(6), the Department of Environmental Protection has reviewed department file materials, correspondence and other relevant data and
FINDS THE FOLLOWING FACTS:

1. DRAGON PRODUCTS COMPANY ("Dragon") owns and operates a cement kiln dust (CKD) landfill located at its cement manufacturing plant on U.S. Route One in the town of Thomaston. Dragon owns the - acre site. On December 31, 1991, Dragon applied for the renewal of their grandfathered landfill. Dragon established the solid waste facility in 1970, prior to the adoption of the solid waste regulations by the State. Current regulations require all facilities established prior to 1973 to receive a license or cease operating by January 1, 1992.

2. The above described landfill currently accepts cement kiln dust for disposal. Dragon's attenuation landfill began operations in 1970. Cement kiln dust was originally dumped into an abandoned, water-filled schist quarry (Quarry #4). As Quarry #4 was filled the wastes have been built higher. The site covers an area of approximately 15 acres. Leachate and surface water runoff are collected in a sump area of the quarry at the northwestern corner of the quarry. Current cement kiln dust generation historically averages over 250 tons per day of kiln operation.

3. 38 M.R.S.A. Section 1310-N(6) states in relevant part that: "The Department may establish reasonable time schedules for compliance with this article and rules adopted by the Board."

4. The above described landfill operated by the DRAGON PRODUCTS COMPANY is an unlicensed landfill subject to the provisions of 38 M.R.S.A. Section 1310-N(6) and was therefore required to cease disposal operations on December 31, 1992.

5. A renewal application, filed by Dragon on December 31, 1991, and other sources available to the Department, do not provide sufficient environmental information to provide a reasonable basis for determining whether the facility, as currently operated, has contaminated ground and surface water beyond the approved solid waste boundary.

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DRAGON PRODUCTS COMPANY, THOMASTON, KNOX COUNTY, MAINE
SOLID WASTE ORDER: SCHEDULE OF COMPLIANCE

Department staff reviewed the "Interpretive Report For The Ongoing Studies At The Clinker and Kiln Dust Waste Disposal Sites" prepared by Morrison Geotechnical Engineering, on November 15, 1991. Review of the report disclosed that the ground water chemistry outside the respective solid waste boundary has been impacted by activity at the facility in general. Recommendation was made to the applicant to obtain additional head data in order to show that current pumping of the leachate pond creates a potentiometric low that would preclude leachate migration from the landfill, and to install additional wells. Analysis of water from the CKD leachate reservoir shows that kiln dust contributes to anomalously high values of several parameters with respect to any reasonably expected background, or natural water chemistry. The most obvious of these parameters are pH, conductivity, sulfate, sodium, chloride and potassium.

In the March 9, 1995, "Work Plan, Operating Revisions and Procedural Plans, Kiln Dust and Clinker Disposal Areas" ("Work Plan") prepared by GZA GeoEnvironmental, Inc. (GZA) Dragon proposed to regularly pump treated from the leachate pond to Quarry #1 for process water, and for the purpose of maintaining reserve leachate storage capacity and containment of leachate generated. Dragon installed staff gauges in the leachate pond to aid in recording water levels on a regular basis. As part of this work and considering data obtained during the active landfill groundwater and surface water monitoring program, Dragon proposed the development of a pumping strategy intended to maintain inward ground water flow gradients to the leachate pond.

6. The renewal application does not provide sufficient information to provide a reasonable basis for determining whether the facility, as currently operated, constitutes a hazard to health or welfare or creates a nuisance.

Dragon's waste streams are subject to erosion from wind and surface water runoff. Presently, erosion-susceptible wastes are exposed over relatively large portions of the CKD landfill. Sideslopes are currently graded at approximately 2H:1 V. Prior to developing formal sequencing and closure plans as part of future design plans, Dragon proposed in the Work Plan to limit the potential for surface water erosion by constructing swales at the crest of the landfill sideslopes to direct runoff from the top flatter areas away from flowing onto the steeper sideslopes, and to employ applicable "Best Management Practices" as specified in the Maine Erosion and Sediment Control Handbook.

The applicant has not addressed potential fugitive emissions of fine particulate matter resulting from vehicular traffic on the landfill, compaction of the landfill, and wind erosion of exposed CKD surfaces as required by Chapter 401 Section 6(B)(10).

The applicant does not currently utilize daily, intermediate, or final cover materials on the CKD landfill as required by Chapter 401 Section 8, and has not sought a variance to this operating requirement.

The renewal application did not include a Sampling and Analytical Plan, in accordance with Chapter 405 Section 1(A) and (B), a Hazardous and Special Waste Exclusion Plan, in accordance with Chapter 405 Section ?, or a Special Waste Handling and Disposal Plan, in accordance with Chapter 405 Section 9.

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DRAGON PRODUCTS COMPANY, THOMASTON, KNOX COUNTY, MAINE
SOLID WASTE ORDER: SCHEDULE OF COMPLIANCE

The renewal application does not include a demonstration of financial responsibility until thirty (30) years after closure. The applicant has not submitted a trust agreement, established with a reputable bank, to cover estimated costs for closure, and post-closure care, sampling, leachate removal and treatment; testing and maintenance.

8. DRAGON PRODUCTS COMPANY proposes to continue disposal of cement kiln dust at the landfill under this Order until .

BASED on the above Findings of Fact, the Department CONCLUDES that the alternative time schedule for compliance proposed by DRAGON PRODUCTS COMPANY is reasonable and operation of the DRAGON PRODUCTS COMPANY landfill in accordance with the terms of this Schedule of Compliance meets the intent of 38 M.R.S.A. Section 1310-N(6).

ORDER

Pursuant to 38 M.R.S.A. Section 1310-N(6) the Maine Solid Waste Management Regulations and the Findings of Fact and the conclusion set forth above, the Department orders DRAGON PRODUCTS COMPANY to:

l. Operate its cement kiln dust landfill in accordance with the operating requirements of the Solid Waste Management Regulations (06-096 CMR 400-409).

2. Prior to January 5, 1996, the applicant shall submit for Department review and approval, an updated Operating Manual as described in Chapter 401, Section 6. The operating manual shall meet the requirements of 401.6 by including the following:

A. Environmental Monitoring Plan.

B. Annual Report, including operational records.

C. Erosion Control Plan, including measures for fugitive dust control.

D. Leachate Management Plan, including a pumping strategy.

E. Recycling and Source Reduction.

3. Prior to January 5, 1996, the applicant shall submit for Department review and approval, the following information as described in Chapter 400.11(C):

A. Requests for variances from the operating requirement of the Maine Solid Waste Management regulations.

Prior to January 5, 1996, the applicant shall submit for Department review and approval, the following information as described in Chapter 400.4(I):

A. Proof of liability insurance for the facility for sudden and accidental occurrences.

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DRAGON PRODUCTS COMPANY, THOMASTON, KNOX COUNTY, MAINE
SOLID WASTE ORDER: SCHEDULE OF COMPLIANCE

5. Prior to March 4, 1996, the applicant shall submit for Department review and approval, the following information, as described in Chapter 405:

A. Sampling and Analytical Work Plan.

B. Hazardous and Special Waste Exclusion Plan.

C. Special Waste Handling and Disposal Plan.

6. Prior to March 4, 1996, the applicant shall submit for Department review and approval, the following information as described in Chapter 400.10:

A. A trust agreement to cover the estimated costs for the closure and post-closure care, sampling, leachate removal and treatment, testing, and maintenance exclusively for that solid waste facility, established with a reputable bank.

Prior to April 5, 1996, the applicant shall submit to the Department results of its leachate management and environmental monitoring programs, including an assessment by a qualified hydrogeologist of the pumping strategy intended to maintain inward groundwater flow gradients to the leachate pond.

8. Cease disposal of the cement kiln dust landfill by September 1, 1996, if Dragon Products Company does not receive a license to operate from the Department.

DONE AND DATED AT AUGUSTA, MAINE, THIS____DAY OF ______ , 1995.

DEPARTMENT OF ENVIRONMENTAL PROTECTION

BY:

Edward O. Sullivan, Commissioner

PLEASE NOTE ATTACHED SHEET FOR GUIDANCE ON APPEAL PROCEDURES.

Date filed with Board of Environmental Protection

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END