R 299.4311 Leaching tests to evaluate potential for groundwater contamination at unlined industrial waste landfills.

Rule 311. (1) A license applicant for a new low-hazard industrial waste landfill that does not have a liner system meeting the standards of R 299.4307(3)(a) or (4) and a leachate collection system meeting the standards of R 299.4308, or any person who intendS to place new waste in an existing industrial waste landfill that does not have a liner and leachate collection system, shall subject the waste to a leaching test procedure specified in subrule (2) of this rule to assist in the evaluation of groundwater contamination potential, and the applicant shall demonstrate to the director that such concentration does not pose more than a minimal potential of groundwater contamination. Where actual field data on a waste is available at existing facilities, it shall also be used to assist in the evaluation of groundwater contamination potential. The director shall approve new wastes at an existing industrial waste landfill which does not contain a liner and leachate collection system if the concentration of hazardous substances in the new waste is not significantly greater than wastes previously approved, as demonstrated by a statistical test consistent with R 299.4908 and if the landfill is otherwise in compliance with these rules. (2) To evaluate the leaching potential of an industrial waste, the person shall analyze representative samples of the waste in accordance with the toxicity characteristic leaching procedure, EPA method 1311, or the synthetic precipitation leaching procedure, EPA method 1312. Samples shall be collected and analyzed in accordance with the publication entitled "Test Methods for Evaluating Solid Waste," SW-846 3rd edition, which is adopted by reference in R 299.4133. As specified in that document, 4 discrete samples shall constitute the minimum number of samples necessary to be considered representative of a waste. If an alternate leach test procedure is proposed, the leaching test procedure shall have been developed by a recognized independent testing association, trade association, professional society, or regulatory agency and shall be documented as to applicability and reproducibility. (3) Waste that is disposed of in an industrial waste landfill which is an existing disposal area shall be retested to evaluate the potential for groundwater contamination annually or on a more frequent schedule as specified by the solid waste control agency, unless the director approves a petition to discontinue such testing under R 299.4302. Test results shall be submitted to the solid waste control agency. (4) A waste that is classified as a type III waste may be disposed of in a type II landfill. (5) The department may specify that a waste be segregated from other wastes in a type III landfill or that other special handling procedures be used.