R 299.9619 Landfills.

Rule 619. (1) Owners or operators of facilities that use landfills to dispose of hazardous waste shall comply with the design and operating requirements of 40 CFR part 264, subpart N, except 40 CFR 264.301(f). (2) In addition to the liner system requirements of 40 CFR 264.301, the owner or operator of a landfill shall design the liner system to meet the requirements of R 299.9620. (3) All landfills must contain a leak detection, collection, and removal system beneath the liner system that is designed, constructed, operated, and maintained pursuant to R 299.9622, unless the landfill is exempted pursuant to R 299.9622. (4) In addition to the requirements of 40 CFR 264.301(a), the leachate collection and removal system must include all the following: (a) Not less than 30 centimeters of granular material that has a permeability of 1 x 10-2 centimeters per second or greater, as determined by ASTM standard no. D2434-68, or a layer of geosynthetic drainage materials with a transmissivity of 3 x 10-5 meters squared per second or greater covered by a minimum of 30 centimeters of a protective layer of granular material with a permeability of 1 x 10-3 centimeters per second or greater, as determined by ASTM standard no. D2434-68. (b) Either of the following: (i) Provisions for discharging the leachate directly to a wastewater treatment unit. (ii) Provisions for storing the quantity of leachate that is expected to be generated from all cells during a 24-hour, 100-year storm. (c) Leachate sumps that have all the following: (i) A volume that can properly maintain a leachate head of no more than 30 centimeters, 12 inches, on the liner. (ii) A leachate removal system to remove liquid from the sump. (iii) A device for continuously monitoring the quantity of leachate in the sump and removed from the landfill. (5) The director may approve alternate design or operating practices to those specified in subrule (4) of this rule if the owner or operator demonstrates to the director that the design and operating practices, together with location characteristics, comply with both of the following requirements: (a) The alternate design and operating practices must prevent the migration of any hazardous constituent into the groundwater or surface water not less than as effectively as the leachate collection and removal systems specified in subrule (4) of this rule. (b) The alternate design and operating practices must allow the detection of leaks of hazardous constituents through the top liner not less than as effectively as the leachate collection and removal systems specified in subrule (4) of this rule. (6) In addition to the closure and postclosure care requirements of 40 CFR 264.310, the owner or operator of a landfill shall do all the following with respect to closure and postclosure care: (a) Close the facility so that the final cover includes all the following unless the owner or operator substitutes an equivalent design that includes a flexible membrane liner component with a minimum thickness of 1 millimeter, 40 mil, depending on the type of material selected, and demonstrates to the director that it provides equivalent environmental protection: (i) Compacted clay that complies with the requirements of R 299.9620(3) and is not less than 90 centimeters thick. (ii) A flexible membrane liner must be placed directly over the compacted clay layer required pursuant to paragraph (i) of this subdivision. (iii) Not less than 60 centimeters of additional material, such as topsoil, subsurface drainage media, or cobbles to prevent animal burrowing. The additional material must be applied in a manner that protects the clay and any synthetic component from the effects of temperature, erosion, and rooted vegetation. For temperature protection, the additional material thickness must equal not less than 60 centimeters or the maximum depth of frost penetration, whichever is greater. In order to provide a minimum base for root penetration, the top component of the additional material must consist of not less than 15 centimeters of topsoil. (iv) Slopes of the barrier layer, the drainage layer, and the top of the cover system must not be less than 4% at any location. (b) Establish shallow rooted grasses at the earliest possible time and maintain the vegetation or use other erosion control measures to stabilize the cap and prevent erosion. Erosion must be limited to not more than 2 tons per acre per year based on the universal soil loss equation. (c) Establish a venting system to prevent the accumulations of gas. The venting system must be installed in a manner that does not adversely affect the permeability of the cap and, if required pursuant to part 55, gas emissions must be monitored, collected, and treated. The director shall exempt the owner or operator from this requirement if the owner or operator demonstrates that gas will not be generated in the landfill. (7) The director may approve alternative designs and maintenance practices to those specified in subrule (6) of this rule for beneficial uses of closed landfills if the owner or operator demonstrates to the director that the designs and maintenance practices for the landfill cover system will provide equivalent environmental protection. (8) The provisions of 40 CFR part 264, subpart N, except 40 CFR 264.301(f), are adopted by reference in R 299.11003. For the purposes of this adoption, the word "director" replaces the words "regional administrator."