Applicable Requirements For Tier Ii Facilities

The owner and operator of a Tier II facility must establish compliance with the requirements of Section 012 by obtaining Department approval of the applications required in Subsection 012.02 before beginning construction and Subsection 012.04 prior to accepting waste. The owner and operator of a Tier II facility must meet the requirements of Subsection 012.05 prior to facility closure. (7-1-26) 01. General Siting Requirements. The owner and operator of a Tier II facility must comply with the following: (7-1-26) a. A facility will not be located within a one hundred (100) year flood plain if the facility will restrict the flow of the one hundred (100) year flood, reduce the temporary water storage capacity of the flood plain, or result in a washout of solid waste so as to pose a hazard to human health and the environment. (7-1-26) b. The facility will not cause or contribute to the taking of any endangered or threatened species of plants, fish, or wildlife or result in the destruction or adverse modification of the critical habitat of endangered or threatened species as identified in 50 CFR Part 17. (7-1-26) c. The active portion of a facility will be located such that the facility will not cause contamination of surface waters, unless such surface waters are an integral part of the non-municipal solid waste management facility's operation for storm water and leachate management. (7-1-26) d. The active portion of a facility will not be located closer than one thousand (1,000) feet from the boundary of any state or national park, or land reserved or withdrawn for scenic or natural use including, but not limited to, wild and scenic areas, national monuments, wilderness areas, historic sites, recreation areas, preserves and scenic trails. (7-1-26) e. An owner or operator of a facility that cannot meet the siting requirements of Section 012 may apply for a variance from the Department. The Department will approve a written request for a variance provided the owner and operator demonstrate to the Department that the variance is at least as protective of public health and the environment as the siting requirements in Section 012. (7-1-26) 02. Siting Application. Documentation must be submitted to the Department demonstrating compliance with the requirements and restrictions specified in Subsection 012.01 within the time frames specified in Section 012. If the documentation has been certified by a qualified professional, the Director will approve the siting application unless the Director finds the evidence supports a contrary opinion. A map indicating the following must also be submitted to the Department as part of a siting application: (7-1-26) a. Highways, roads, and adjacent communities; (3-24-22) b. Property boundaries; (3-24-22) IDAHO ADMINISTRATIVE CODE IDAPA 58.01.06 Department of Environmental Quality Solid Waste Management Rules Section 012 Page 13 c. Total acreage of the site; (3-24-22) d. Off-site and on-site access roads and service roads; (3-24-22) e. Type(s) of land use adjacent to the facility and a description of all facilities on the site; (3-24-22) f. All water courses, ponds, lakes, reservoirs, canals, irrigation systems, and existing water supplies, within one-quarter (1/4) mile of the proposed facility property lines; (3-24-22) g. High tension power line rights-of-way, fuel transmission pipeline rights-of-way, and proposed and existing utilities; (3-24-22) h. Proposed or existing fencing; (3-24-22) i. Proposed and existing structures at the facility and within five hundred (500) feet of the facility boundary. This includes location of employee buildings, and scales (if provided); and (7-1-26) j. Direction of prevailing winds. (3-24-22) 03. General Operating Requirements. The owner and operator of a Tier II facility must comply with the following: (7-1-26) a. The following activities are prohibited: (7-1-26) i. Disposal in a landfill of regulated waste from any business that provides health care, support to health care businesses, or medical diagnostic services without having gone through the decontamination process; (7-1-26) ii. Speculative accumulation, unless otherwise approved in an operating plan; and (3-24-22) iii. Disposal of radioactive waste except in a facility regulated pursuant to Section 39-4405(9), Idaho Code, and rules adopted thereunder or a facility regulated under the authority of the Atomic Energy Act of 1954, as amended. (7-1-26) b. Facilities open to the public will clearly post visible and legible signs at each entrance to the facility specifying, at a minimum, the name of the facility, the hours of operation, the waste accepted at the facility and an emergency phone number. (7-1-26) c. Only the solid waste types listed in the approved operating plan may be accepted for disposal or processing. (7-1-26) d. Provisions will be made for monitoring or measuring all Solid Waste delivered to a facility. The waste monitoring program will include: (7-1-26) i. A daily written log listing the types and quantities of wastes received; (3-24-22) ii. A plan for monitoring and handling receipt of unauthorized wastes; (3-24-22) iii. Routine characterization of the wastes received; and (3-24-22) iv. Other measures included in an approved operating plan. (7-1-26) e. Communication devices will be available or reasonably accessible at the site. (7-1-26) f. Adequate provisions will be made for preventing and controlling or managing fires at the site. (7-1-26) IDAHO ADMINISTRATIVE CODE IDAPA 58.01.06 Department of Environmental Quality Solid Waste Management Rules Section 012 Page 14 g. Unauthorized vehicles and persons will be prohibited access to the facility. A facility open to the public will accept waste only when an attendant is on duty. The facility will be fenced or otherwise blocked to access when an attendant is not on duty. (7-1-26) h. Scavenging by the public at a facility is prohibited; however, salvaging may be conducted in accordance with a written operating plan and only by the owner, operator or an authorized agent. (7-1-26) i. The owner and operator will control nuisances, including but not limited to: (7-1-26) i. Operations at any facility will not provide sustenance to rodents or insects that cause human disease or discomfort; (7-1-26) ii. Vector control procedures will prevent or control vectors that may cause health hazards or nuisances; (7-1-26) iii. The facility will be operated to control odor and malodorous gases; and(7-1-26) iv. Effective measures will be taken to minimize the loss of debris from the facility. Debris blown from or within the facility will be collected and properly disposed to prevent objectionable accumulations. (7-1-26) j. No facility may handle putrescible wastes in such a manner that may attract birds and increase the likelihood of bird/aircraft collisions. Facilities that are located within ten thousand (10,000) feet of any airport runway used by turbojet aircraft, or within five thousand (5,000) feet of any airport used by only piston-type aircraft will operate the facility in such a manner that birds are not a hazard to aircraft. (7-1-26) k. Open burning and fires are prohibited at facilities except as authorized by Section 061. (7-1-26) l. The operating plan will include sufficient storm water management provisions, which may incorporate a NPDES storm water pollution prevention plan, to prevent contamination of surface and groundwater and prevent the spread and impact of contamination beyond the boundary of the facility. (7-1-26) m. An owner and operator of a facility may submit to the Department a written request for a variance from the operating requirements listed in Section 012. The Department will approve a written request for a variance provided the owner and operator demonstrate to the Department that the variance is at least as protective of human health and the environment as the requirements listed in Section 012. (7-1-26) 04. Operating Plan. The owner and operator of a Tier II facility must submit to the Department an operating plan containing the information specified in Subsection 012.03, within the time frames stated in Section 012. An operating plan must include a description of the wastes to be accepted, the methods for maintaining compliance with each of the applicable general operating requirements of Subsection 012.03, and complies with any applicable facility specific requirements in Subsections 012.09 through 012.11. (7-1-26) 05. Closure. The owner and operator of a Tier II facility must comply with the following closure and post-closure care requirements: (7-1-26) a. For a facility open to the public, the owner and operator will publish a public notice of the facility’s closure in the local newspaper and post signs at the facility’s entrance: (7-1-26) i. At least thirty (30) days and no more than ninety (90) days prior to the date of last receipt of waste for a facility that has reached disposal capacity; or (3-24-22) ii. If the facility has remaining capacity and there is a reasonable likelihood that the facility will receive additional waste, a notice will be published and signs posted at least thirty (30) days and no more than ninety (90) days prior to closure. (7-1-26) b. Unless the Department establishes otherwise, the owner and operator will close the facility within six (6) months of the Department’s approval of the closure plan. The facility will be closed in accordance with the IDAHO ADMINISTRATIVE CODE IDAPA 58.01.06 Department of Environmental Quality Solid Waste Management Rules Section 012 Page 15 approved closure plan. (7-1-26) c. The owner and operator will close the facility by managing or removing all solid waste to prevent impact to human health or the environment and install a gate or other device to prevent public access after the last receipt of waste. (7-1-26) d. The owner and operator will install appropriate measures to control erosion and install appropriate measures to control the run-on and runoff from a twenty-five (25) year, twenty-four (24) hour storm event and to provide for the diversion of other surface waters from the closed facility. (7-1-26) e. Within thirty (30) days of closure, the owner and operator will notify the Department in writing that the facility was closed in accordance with the approved closure plan. If closure of the facility is different from the approved closure plan, the owner and operator will submit for Department review and approval documents, such ass- built” plans, showing the final conditions of the facility. (7-1-26) 06. Closure Plan Application. Except as specified in Subsection 012.10, the owner and operator of a Tier II facility must submit to the Department a closure plan application containing the following information no later than ninety (90) days before the date on which the facility receives the known final receipt of wastes or, if the facility has remaining capacity and there is a reasonable likelihood that the facility will receive additional wastes, no later than one (1) year after the most recent receipt of wastes: (7-1-26) a. A complete and accurate legal description of the facility; (3-24-22) b. A map of the facility, showing pertinent facility features, including: (3-24-22) i. Facility boundaries, drainage patterns, location of fill areas, and location of access control measures; (3-24-22) ii. All water courses, ponds, lakes, reservoirs, canals, irrigation systems, and existing water supplies, within one-quarter (1/4) mile of the facility boundary; (3-24-22) iii. Location of disposal trenches and description of waste disposed; and (3-24-22) iv. Proposed final contours of the closed facility, drawn to a reasonable scale with five (5) foot intervals for the operational area, and ten (10) foot intervals for the remainder of the facility; (3-24-22) c. Estimated date of last receipt of waste; (3-24-22) d. A description of how public access to the closed facility will be controlled; (3-24-22) e. Estimated total cubic yards, or tons, of waste in place; (3-24-22) f. Total acreage of the facility and acres containing waste; (3-24-22) g. Closure equipment and procedures to be used; (3-24-22) h. Texture, depth and permeability of final cover material; (3-24-22) i. Design and construction plan for any necessary final cover; (3-24-22) j. Placement, design, and management of run-on and run-off storm water controls; (3-24-22) k. Types of vegetation and planting procedures to be used for establishing vegetative cover; and (7-1-26) l. Other closure information the Department determines is necessary to protect human health and the environment. (3-24-22) IDAHO ADMINISTRATIVE CODE IDAPA 58.01.06 Department of Environmental Quality Solid Waste Management Rules Section 012 Page 16 07. Documentation. The owner and operator of a Tier II facility must maintain on site a copy of each Department-approved application and plan required by Section 012. (7-1-26) 08. Modification Application. The owner and operator must submit to the Department for review and approval a modification application describing any proposed modification. The owner and operator of a Tier II facility must not implement the modification prior to Department approval. If a proposed modification alters the classification of a facility, the owner and operator must comply with the application content, review and approval requirements for the new classification. (7-1-26) 09. Tier II Processing Facilities. In addition to the provisions listed in Subsections 012.01 through 012.08, the owner and operator of a Tier II processing facility must also comply with the following: (7-1-26) a. Siting Requirements: (3-24-22) i. The active portion of a facility will be located, designed and constructed such that the facility will not cause contamination to a drinking water source or cause contamination of the groundwater. (7-1-26) ii. No facility may be located on land that would threaten the integrity of the design. (7-1-26) iii. The active portion of a facility will not be located closer than one hundred (100) feet to the property line. (7-1-26) b. The owner and operator will provide in the Siting Application documentation that demonstrates compliance with the siting requirements specified in Subsections 012.01 and 012.09.a. (7-1-26) c. Operating Requirements: (3-24-22) i. The owner and operator of a Tier II processing facility will implement a Department approved odor management plan designed to minimize malodorous gases. An odor management plan will include specific operating criteria for oxygen, moisture and temperature levels appropriate for the wastes to be processed and processing technologies to be employed, methods used to maintain the specific operating criteria and a monitoring strategy that includes the frequency and parameters for monitoring the specific operating criteria. (7-1-26) ii. The owner and operator of a processing facility will maintain documentation of compliance with Section 012, including an operational log of the methods used to maintain the operating criteria and sampling results. (7-1-26) d. The operating plan required in Subsection 012.04 will identify methods used for maintaining compliance with each applicable operating requirement of Subsections 012.03 and 012.09.c. (7-1-26) 10. Tier II Incinerators, VSQG Management Facility and Transfer Stations. In addition to the provisions listed in Subsections 012.01 through 012.04, 012.07, and 012.08, the owner and operator of a Tier II incinerator, VSQG management facility or transfer station must comply with the following: (7-1-26) a. The owner and operator will comply with the following design requirements: (7-1-26) i. A tipping floor design constructed of impermeable and durable material and designed to contain, collect, and convey any liquids to a storage or leachate management system; and (3-24-22) ii. A leachate storage or management system. (3-24-22) b. The following information will be submitted to the Department in a design application: (7-1-26) i. A description of the tipping floor design; (3-24-22) ii. A description of the storage or leachate management system design; (3-24-22) IDAHO ADMINISTRATIVE CODE IDAPA 58.01.06 Department of Environmental Quality Solid Waste Management Rules Section 012 Page 17 iii. Building and construction design blueprints; (3-24-22) iv. A map illustrating a storm water run-on/run-off system designed to prevent contamination of surface and groundwater, and prevent the spread and impact of contamination beyond the boundary of the facility; and (7-1-26) v. Operational design and capacity information including a description of the waste types and projected daily and annual waste volumes. (3-24-22) c. The owner and operator of a Tier II facility will comply with the following operating requirements: (7-1-26) i. Implement cleaning procedures and waste residency times to maintain sanitary conditions on the surface of the tipping floor; and (3-24-22) ii. Implement and operate a leachate storage or management system. (3-24-22) d. The owner and operator of a Tier II facility will comply with the following closure and post-closure care requirements: (7-1-26) i. For a facility open to the public the owner and operator will publish public notice of the facility’s closure in the local newspaper and post signs at the facility’s entrance at least thirty (30) days prior to closure; (7-1-26) ii. The owner and operator will close the facility by removing all solid waste to prevent impact to human health or the environment and installing a gate or other device to prevent public access after the last receipt of waste; (7-1-26) iii. Unless the Department establishes otherwise, the owner and operator will close the facility within sixty (60) days of the Department’s approval of the closure plan. The facility will be closed in accordance with the approved closure plan; and (7-1-26) iv. Within thirty (30) days of closure, the owner and operator will notify the Department in writing that the facility was closed in accordance with the approved closure plan. If closure of the facility is different from the approved closure plan, the owner and operator will submit for Department review and approval documents, such ass- built” plans, showing the final conditions of the facility. (7-1-26) e. The owner and operator will submit to the Department a Closure Plan Application containing the following information no later than ninety (90) days before the date on which the facility receives the known final receipt of wastes: (7-1-26) i. A complete and accurate legal description of the facility; (3-24-22) ii. A map of the facility, showing pertinent facility features, including facility boundaries, drainage patterns, and location of access control measures; (3-24-22) iii. Estimated date of last receipt of waste; (3-24-22) iv. A description of how public access to the closed facility will be controlled; (3-24-22) v. Closure equipment and procedures to be used; (3-24-22) vi. Anticipated future uses for the facility; and (3-24-22) vii. Other closure information the Department determines is necessary to protect human health and the environment. (3-24-22) IDAHO ADMINISTRATIVE CODE IDAPA 58.01.06 Department of Environmental Quality Solid Waste Management Rules Section 012 Page 18 11. Tier II NMSWLF. In addition to the requirements in Subsections 012.01 through 012.08, the owner and operator of a Tier II NMSWLF must also comply with the following: (7-1-26) a. Siting requirements: (7-1-26) i. A facility will not be located in wetlands, except as provided in 40 CFR 257.9. (7-1-26) ii. The active portion of a facility will be located, designed and constructed such that the facility will not cause contamination to a drinking water source or cause contamination of the groundwater. (7-1-26) iii. No facility may be located on land that would threaten the integrity of the design. (7-1-26) iv. The active portion of a facility will not be located closer than one hundred (100) feet to the property line. (7-1-26) b. The owner and operator will provide in the siting application documentation that demonstrates compliance with the siting requirements specified in Subsections 012.01 and 012.11.a.; (7-1-26) c. The owner and operator will provide the following information illustrated on a facility map for design approval: (7-1-26) i. Surface water and erosion control systems; (3-24-22) ii. Proposed fill area, including the location of waste disposal trenches or cells, noting the locations of trenches used for separated wastes such as animal carcasses, tree trunks, stumps, bulky wastes, car bodies, asbestos, and PCS; (7-1-26) iii. Location of borrow areas; (3-24-22) iv. Design elevation grade of final cover; (3-24-22) v. Soil and water table test boring holes, wells, or excavations; (3-24-22) vi. Proposed receiving, storage, and processing areas; (3-24-22) vii. Proposed trench layout and development; and (3-24-22) viii. Contour lines at five (5) foot intervals within the operating area and ten (10) foot intervals to the facility boundary. (3-24-22) d. The owner and operator of a NMSWLF will comply with the following operating requirements: (7-1-26) i. Compaction and placement of waste in locations consistent with the approved operating plan; (3-24-22) ii. Provision for storage of waste during periods when the NMSWLF is inaccessible; (3-24-22) iii. Application of a six (6) inch compacted soil cover layer on exposed waste as necessary to prevent nuisance and vector conditions at periods consistent with the approved operating plan. An owner and operator may request that the Department approve an alternate cover that addresses vectors, litter, fire, odor, and scavenging concerns; (3-24-22) iv. Placement of an interim cover layer of twelve (12) inches of compacted soil between lifts to provide erosion control and structural stability. An owner and operator may request that the Department approve an alternate interim cover that addresses erosion, and stability for subsequent lifts; and (7-1-26) IDAHO ADMINISTRATIVE CODE IDAPA 58.01.06 Department of Environmental Quality Solid Waste Management Rules Section 012 Page 19 v. Preservation of existing vegetation where attainable. (3-24-22) e. The operating plan required in Subsection 012.04 will identify the methods used for maintaining compliance with each applicable operating requirement of Subsection 012.03 and Subsection 012.11.d.; (7-1-26) f. The owner and operator of a Tier II NMSWLF will comply with the following closure requirements: (7-1-26) i. Within seven (7) days of the date of last receipt of waste, a cover layer will be applied to prevent nuisances and vector conditions. Within one hundred and twenty (120) days of the date of last receipt of waste, a final cover layer of eighteen (18) inches of compacted soil with an approved in-place permeability designed to minimize infiltration, or its functional equivalent, and, a six (6) inch soil layer that minimizes erosion and sustains plant growth will be constructed; (7-1-26) ii. All disturbed portions of the facility will be stabilized. Stabilization practices may include but are not limited to: establishment of vegetation, mulching, geotextiles, and sod stabilization; (7-1-26) iii. Finished grade will be at a minimum of two percent (2%) and a maximum of thirty- three percent (33%) slope on the final surface of the completed fill area, after settlement; and (7-1-26) iv. The completed landfill will be graded to prevent surface water ponding and erosion, and to conform to the local topography. (7-1-26) g. The owner and operator will provide in the closure plan documentation that demonstrates compliance with closure requirements specified in Subsections 012.05 and 012.11.f. (7-1-26) h. Environmental Covenants: (3-24-22) i. After completion and certification of closure of a NMSWLF, the owner and operator will record an environmental covenant, pursuant to the Uniform Environmental Covenants Act (UECA) Chapter 30, Title 55, Idaho Code, on the property where the landfill facility is located, and its future use may be restricted in accordance with a post-closure care plan. A copy of the environmental covenant will be sent to the Department after recording with the county clerk. (7-1-26) ii. The owner may request permission from the Department to remove the environmental covenant if all wastes are removed from the facility. (7-1-26) iii. Federal agencies with responsibility for management of landfills on federal property will make an environmental covenant or notation in the federal property records for the affected property. If the subject property is ever sold or transferred by the federal government, a notation on the deed or patent will be made. (7-1-26) i. Owners and operators of a NMSWLF will submit, in accordance with the time frames specified in Subsection 012.06, to the Department for review and approval a post-closure care plan, obtain Department approval of the plan, and conduct post-closure care in accordance with the plan. The post-closure care plan will contain the following provisions: (7-1-26) i. The name and address of an agent authorized to accept communications or service during the post- closure period. The name may be changed during the post-closure period by providing the Department with twenty (20) days advance written notice of the change; (3-24-22) ii. To maintain the integrity and effectiveness of the final cover; (7-1-26) iii. To continue to maintain and operate the systems required in the operating plan including run-on/ run-off control systems; (7-1-26) iv. To maintain appropriate security of the closed facility; (7-1-26) IDAHO ADMINISTRATIVE CODE IDAPA 58.01.06 Department of Environmental Quality Solid Waste Management Rules Section 013 Page 20 v. To provide for routine facility inspections by the owner and operator to ensure compliance with the post-closure care plan; and (7-1-26) vi. A description of the planned use(s) of the property during the post-closure care period: (3-24-22) j. Post-closure care for the NMSWLF will be conducted for a period of five (5) years, unless the Department establishes in writing an alternate facility-specific post-closure care period. (7-1-26) k. Post-closure use or operation of the site will not disturb any final cover or storm water control systems in a manner that will increase the potential to threaten human health or the environment. (7-1-26) l. The approved post-closure care plan shall be maintained and available for review on request by the Department. (7-1-26)