Siting Criteria

Siting Criteria. A. Applicability (1) Except as specifically excluded, the requirements of this rule shall apply to all solid waste management facilities including landfills, rubbish sites, processing facilities, land application sites, composting facilities, waste incinerators, and transfer stations, as specified in this regulation. (2) The requirements of paragraphs B, L, and X do not apply to: (a) composting facilities which receive less than 5 tons per day of only natural vegetation, such as yard waste, tree limbs, etc. (b) rubbish sites, processing facilities, and transfer stations, any of which receive only Class II rubbish materials (as described in Rule 1.6.C of these regulations). (3) The requirements of paragraphs P through U and paragraphs W through Y of this rule do not apply to solid waste management facilities which dispose only of industrial solid waste, where such facilities are located on the same industrial property on which the wastes are generated, unless the Permit Board, or where appropriate, the Permit Board's designee determines that such criteria should be applicable (such as property line setbacks). (4) The distances specified in this section shall be measured from the edge of the active disposal, processing, composting, transfer or storage area. (5) Any structure or area described in paragraph I, J, P, R, S, U and X of this rule (e.g., a park, dwelling, etc.) shall not be considered applicable in the siting of a new solid waste management facility if the structure or area was designated by the applicable governmental body or was established after the site disclosure date. The site disclosure date shall be the date upon which an application for a permit or other authorization is submitted to the Department, unless the applicant chooses to notify the Department and the public at an earlier date, in which case the site disclosure date shall be the completion of such notification as follows: (a) the submittal of a notice to the Department containing the following information: (1) the name, address, telephone number, and contact person of the applicant; (2) a description of the type of proposed operation (i.e., landfill, land application site, etc.); (3) an exact location and approximate size of the proposed facility; and (4) where the applicant is a public agency, such as a county, municipality, or a regional authority, a copy of a duly adopted resolution stating the desire of the applicant to pursue a permit or other authorization for the operation of a solid waste management facility at the site described in paragraph A.5.a.(3) of this rule; and (b) public notification of the information listed in paragraph A.5.a. of this rule shall consist of a prominent notice in at least one daily or weekly newspaper of general circulation within the area of the proposed facility. The notice shall be no less than four inches by seven inches in size and shall not be placed in that portion where legal notices and classified advertisements appear. (c) if notification is accomplished as described in paragraph A.5.a. and A.5.b. of this rule, an application for a permit or other authorization must be submitted no later than one year after completion of notification for this exclusion to apply. (6) For new facilities that are adjacent to and part of an existing facility, the Permit Board, or where appropriate, the Permit Board's designee may, on a site specific basis, designate a smaller setback distance to any structure or area described in paragraphs I, J, P, R, S, U and X of this rule (e.g., a park, dwelling, etc.) if the following are met: (a) before April 1, 1991, the applicant obtained ownership or control of the property upon which the new facility is proposed, through an option to purchase or similar instruments vesting rights in the real property; (b) the applicant has demonstrated that a smaller setback distance would not present an unreasonable risk to the environment and to the health, safety, and welfare of the public; and (c) the facility is consistent with the approved local solid waste management plan. The provisions of this paragraph shall be applicable only in cases where paragraph A.5 of this rule does not apply. B. Airport Safety (1) Owners of existing landfills and lateral expansions, outdoor processing facilities, and outdoor composting facilities which (1) accept waste on or after the effective date of these regulations, (2) accept waste likely to attract birds, and (3) are located within 10,000 feet of any airport runway end used by turbojet aircraft or within 5,000 feet of any airport runway end used only by piston-type aircraft, must demonstrate to the Department that the facility is designed and operated so that it does not pose a bird hazard to aircraft. (2) No new landfill, new outdoor processing facility, or new outdoor composting facility, which will accept waste likely to attract birds, shall be located within 10,000 feet of any airport runway end unless the state aeronautical agency states that the airport does not routinely serve turbojet aircraft. (3) No new landfill, new outdoor processing facility, or new outdoor composting facility, or lateral expansion of any such existing facilities, which will accept waste likely to attract birds, shall be located less than 5,000 feet from an airport runway end. (4) The restrictions described in paragraph B.2 and B.3 of this rule are not applicable if the owner can demonstrate in writing the following: (a) the facility will be designed and operated so that it does not pose a bird hazard to aircraft, and (b) the airport is not being routinely utilized for scheduled commercial passenger services. (5) Any person proposing to locate a new MSWLF or implement a lateral expansion within a five-mile radius of any airport runway end used by turbojet or piston- type aircraft must notify the affected airport and the Federal Aviation Administration (FAA). (6) Any person proposing to locate a new MSWLF within 6 miles of a public airport as described in 49 U.S.C. § 44718(d) as amended in Section 503 of the Wendell H. Ford Aviation Investment and Reform Act for the 21st Century, Pub. L. No. 106-181 (April 5, 2000) “Structures interfering with air commerce” must demonstrate compliance with the site limitations of said Act. (7) The specific requirements of this rule are not applicable to airports such as agricultural runways or other airstrips not open to the public. However, the Permit Board may establish a buffer zone between any such airstrip and a new landfill as deemed necessary. C. Floodplains Owners of new solid waste management facilities and lateral expansions, and owners of existing landfills and land application sites that accept waste on or after the effective date of these regulations, which are located within the 100-year floodplain, must demonstrate to the Department in writing that the facility will not restrict the flow of the 100-year flood, reduce the temporary water storage capacity of the floodplain, or result in washout of solid waste so as to pose a hazard to human health or the environment. D. Wetlands (1) New solid waste management facilities and lateral expansions shall not be located in wetlands, unless the applicant obtains approval as required by federal law from the U.S. Army Corps of Engineers or from the U.S. Department of Agriculture, Natural Resource Conservation Commission, where agricultural lands are involved. (2) New solid waste management facilities and lateral expansions shall not be located in coastal wetlands unless the applicant obtains approval as required by state law from the Bureau of Marine Resources of the Mississippi Department of Wildlife, Fisheries, and Parks. (3) The owner must demonstrate compliance with paragraphs D.1 and D.2 of this rule by placing a copy of the permit in the operating record and must notify the Department in writing that it has been placed in the operating record. E. Fault Areas MSWLF units and lateral expansions of any existing MSWLF units shall not be located within 200 feet (60 meters) of a fault that has had displacement in Holocene time unless the applicant demonstrates to the Department that an alternative setback distance of less than 200 feet (60 meters) will not result in damage to the structural integrity of the landfill and will be protective of human health and the environment. F. Seismic Impact Zones MSWLF units and lateral expansions of any existing MSWLF units shall not be located in seismic impact zones, unless the applicant demonstrates to the Department that all containment structures, including liners, leachate collection systems, and surface water control systems, are designed to resist the maximum horizontal acceleration in lithified earth material for the site. G. Unstable Areas Owners of new MSWLF units, existing MSWLF units, lateral expansions of existing MSWLF units and new rubbish sites, which are located in an unstable area, must demonstrate to the Department that engineering measures have been incorporated into the landfill or rubbish site design to ensure that the integrity of the structural components of the facility will not be disrupted. The owner must consider the following factors, at a minimum, when determining whether an area is unstable: (1) on-site or local soil conditions that may result in significant differential settling; (2) on-site or local geologic or geomorphologic features; and (3) on-site or local human-made features or events (both surface and subsurface). H. Hydrocarbon Wells and Water Wells No new landfill, new rubbish site, new land application site, or lateral expansion of any such existing facilities, shall be located such that an active or inactive hydrocarbon well or an active or inactive water well would be present beneath the actual disposal area, unless the applicant demonstrates, to the satisfaction of the Department, that the well has been adequately plugged. I. Public Water Supplies (1) No new landfill or new land application site shall be located within 0.5 mile of a public water supply intake structure in a surface water body. If the runoff from the facility would enter the water body upgradient of the intake structure, this distance shall be increased to at least ten (10) miles. The Permit Board, or where appropriate, the Permit Board's designee may establish a greater distance based upon the nature of the surface water supply. (2) No new landfill or new land application site shall be located within 1000 feet of any existing public water supply well. This distance shall be increased to 0.5 mile if the proposed facility is hydraulically upgradient of any existing public water supply well. (3) Any new landfill or land application site proposed for location within a designated local wellhead protection area must comply with any duly adopted ordinances or regulations established pursuant to an approved Wellhead Protection Program. J. Surface Water (1) No new landfill or new land application site shall be located within 0.5 mile of the banks of any section of a river, stream, lake or reservoir, or coastal water classified by the Commission as recreational or shellfish harvesting. (2) No new landfill, new land application site, new outdoor processing facility, or new outdoor composting facility shall be located within 250 feet of the banks of any river, stream, lake or reservoir, or coastal water. (3) No new outdoor solid waste management facility shall be located within 100 feet of the banks of any river, stream, lake or reservoir, or coastal water. K. Surface Water Drainage Areas No new solid waste management facility shall be located in an area which may result in recurring washout of waste, such as in a surface water drainage channel. L. Natural Geology (1) New landfills shall be located where there are adequate naturally occurring geological materials present of low permeability to act as a buffer between the base of the landfill liner and the top of the uppermost aquifer. Such materials shall generally consist of clays, silty clays, clayey silts, or other soils which have an average hydraulic conductivity of 1 x 10-6 cm/sec or less. The thickness, or depth, of these materials shall extend to at least five feet immediately beneath the base of the landfill liner. (2) Existing landfills which accepted waste on or after the effective date shall be located in an area as described in paragraph L.1. of this rule unless: (a) all unused disposal areas of the landfill as of the effective date of these regulations which will receive waste on or after that date, are constructed with a liner according to state requirements; and (b) the naturally occurring geological materials present below the disposal area generally consist of clays, silty clays, clayey silts, or other soils which are of low permeability. (3) New rubbish sites, new composting facilities subject to Rule 1.9.C of these regulations, any such existing rubbish sites and composting facilities receiving waste on or after April 9, 1994, shall be located in a site in which the top of the uppermost aquifer is at least five feet below the base of the liner. The liner shall consist of either of the following: (a) adequate naturally occurring geological materials present immediately below the disposal or composting area and on all sidewalls. Such materials shall generally consist of clays, silty clays, clayey silts, or other soils, which are of low permeability. The thickness, or depth, of these materials should extend to at least five feet below the disposal or composting area, and for sites having sidewalls, at least three feet laterally; or (b) a constructed or alternate liner, as approved by the Department. M. Air Quality. No new solid waste incinerator shall be sited in an area which conflicts with state law and/or regulations. N. Endangered or Threatened Species. No new solid waste management facility shall be located within an area which may affect: (1) a federally listed endangered or threatened species, unless in compliance with all statutes, rules, and regulations within the jurisdiction of the U.S. Fish and Wildlife Service, or (2) a state listed endangered or threatened species, unless in compliance with all statutes, rules, and regulations within the jurisdiction of the Mississippi Department of Wildlife, Fisheries, and Parks. O. Historical and Archaeological Areas. No new solid waste management facility shall be located in such a manner as to significantly and adversely impact the cultural resources listed in, or eligible for listing in, the National Register of Historic Places, unless such impact to those cultural resources may be appropriately mitigated. P. Parks and Recreational Areas (1) No new landfill, new rubbish site, new outdoor processing facility, new outdoor composting facility, new land application site receiving putrescible waste or new commercial waste incinerator shall be located within 0.5 mile of any of the following areas, without the specific written consent of the person responsible for managing such area: (a) a national, state, county, or city designated park; or (b) an outdoor recreational area, such as a golf course or swimming pool, owned by a city, county, or other public agency. (2) A greater setback distance may be established by the Permit Board, or where appropriate, the Permit Board's designee on a site specific basis. Q. Forests, Wilderness Areas, Wildlife Management Areas, and Natural Areas (1) No new landfill, new rubbish site, new outdoor processing facility, new outdoor composting facility, new land application site receiving putrescible waste, or new commercial waste incinerator shall be located within any of the following areas, without the specific written consent of the person responsible for managing such area: (a) national forest land, national wilderness area, and national wildlife refuge areas, as designated by the appropriate federal agency; or (b) state wildlife management areas, state game management areas, and state natural areas, as designated by the Mississippi Department of Wildlife, Fisheries and Parks. (2) A setback distance may be established by the Permit Board, or where appropriate, the Permit Board's designee on a site specific basis. R. Structures. No new landfill, new land application site receiving putrescible waste, new outdoor processing facility, or new outdoor composting facility receiving putrescible waste shall be located within 0.5 mile of any licensed school, licensed day-care center, licensed hospital, or licensed nursing home, or within 1000 feet of any church. The Permit Board, or where appropriate, the Permit Board's designee may allow a smaller setback distance if a written agreement is obtained from the owner or appropriate representative stating that a smaller setback is acceptable. S. Residential Areas (1) No new landfill or new land application site receiving putrescible waste shall be located within one mile of a residential area, unless the proposed facility would be located in an established industrial park, in which case the facility shall not be located less than 1000 feet from any residential area. (2) For purposes of this rule, "residential area" means: (a) a group of 20 or more single family dwelling units on contiguous property and having an average density of two or more units per acre; or (b) a group of 40 or more single family dwelling units on contiguous property and having an average density of one or more units per acre; or (c) a subdivision containing at least 20 constructed houses, in which the subdivision plat is recorded in the chancery clerk's office of the appropriate county. T. Property Line Setbacks (Buffer Zones) (1) All new solid waste management facilities shall be designed to comply with setback distances between the edge of the actual disposal, processing, composting, transfer or storage area and the property line as follows: (a) For transfer and processing facilities, except such outdoor facilities, the setback shall be at least 50 feet. (b) For outdoor transfer stations, outdoor processing facilities, composting facilities, and land application sites, the setback shall be at least 200 feet, except where adequate on-site screening, whether natural or artificial, will restrict the offsite view of the facility, in which case the setback shall be no less than 100 feet. (c) For rubbish sites the setback shall be at least 200 feet, except where adequate on-site screening, whether natural or artificial, will restrict the offsite view of the facility, in which case the setback shall be no less than 150 feet. (d) For landfills, the setback shall be at least 500 feet, except where adequate on-site screening, whether natural or artificial, will restrict the offsite view of the landfill, in which case the setback shall be no less than 250 feet. (2) The Permit Board, or where appropriate, the Permit Board's designee will consider requests for a smaller property setback distance upon the applicant's submittal of sufficient proof that affected property owners within the subject buffer zone have had timely and sufficient notice of the proposed facility. Any comments received as a result of such notice shall be considered prior to action upon any request for a decrease in the buffer zone requirements of paragraph T.1 of this rule. (3) Existing facilities shall comply with the property setback distances that were approved at the time the site was permitted or authorized. U. Aesthetics and Visibility. New landfills and new rubbish sites shall be located such that the actual disposal area is at least 1000 feet from the edge of the right-of-way of any interstate or primary highway, as designated by the Mississippi State Highway Commission, except the following: (1) those which will be screened by natural objects, planting, fences, or other appropriate means so as not to be visible from the main-traveled highway system, or otherwise removed from sight; (2) those which are located within areas which are zoned for industrial use under authority of law; (3) those which will be located within unzoned industrial areas, as determined by the Mississippi State Highway Department; or (4) those which will not be visible from the main-traveled highway system. V. Local Government Regulations/Solid Waste Management Plans. New solid waste management facilities shall be located such that, on the date an application is submitted to the Department, the site does not conflict with regulations or ordinances of local governments, and is consistent with the state approved local or regional nonhazardous solid waste management plan. W. Transportation Factors. Owners of new commercial landfills must demonstrate to the Permit Board that the anticipated additional traffic along the primary route to the facility will not significantly increase the safety risk within a five (5) mile radius of the disposal area of the facility. At a minimum, the demonstration shall address the following factors: (1) the primary route(s) that the applicant expects will be used for the transportation of waste to the facility within a five (5) mile radius of the disposal area; (2) an estimate of the number and types of vehicles routinely traveling on the primary route(s) within said five (5) mile radius; (3) an estimate of the number and types of vehicles expected by the applicant to transport waste to the facility via the primary route(s) within said five (5) mile radius; (4) an estimate of the loaded weight of each type of vehicle expected to transport waste to the facility via the primary route(s) within the five (5) mile radius; and (5) proximity to waste generators. The Permit Board may require such reasonable restrictions and limitation as it deems appropriate regarding the primary transportation route(s) to the facility if it determines that the primary route(s) of transportation to the facility by waste hauling vehicles would significantly increase the safety risks within the five (5) mile radius. X. Noise Factors. To attenuate for noise, no new landfill or new outdoor processing facility shall be located closer than 1500 feet of a single family dwelling unit, and no new rubbish site, new indoor processing facility, or lateral expansions of any such facilities shall be located closer than 500 feet of a single family dwelling unit unless: (1) the owner of such dwelling provides written consent to a smaller distance; or (2) the applicant can demonstrate that the facility will be located, configured, designed, constructed, and operated such that the noise level at the neighboring dwelling, caused by the normal waste management operations of the facility, but not by vehicular movement into or out of the facility, will not exceed an eight- hour time weighted average (TWA) of 65 decibels between the hours of 7 a.m. and 7 p.m., and an eight-hour TWA of 55 decibels between 7 p.m. and 7 a.m. The Department may require a greater distance, or may require noise abatement measures, if it determines that the noise level at a neighboring dwelling, caused by the normal waste management operations of the facility, but not by vehicular movement into or out of the facility, will exceed an eight-hour TWA of 65 decibels between the hours of 7 a.m. and 7 p.m., or an eight-hour TWA of 55 decibels between 7 p.m. and 7 a.m. Y. Existing Facility Demonstrations (1) By the effective date of these regulations, owners of existing MSWLF units, which accept waste after that date, must demonstrate to the satisfaction of the Department, compliance with or non-applicability of the requirements of paragraphs B., C., G. and L. of this rule. The Department may establish a closure schedule for facilities failing to satisfy this demonstration. In no event shall facilities which fail to satisfy this demonstration remain in operation after October 9, 1996. (2) By April 9, 1994, owners of all existing land application sites, rubbish sites, processing facilities, composting facilities, and existing landfills other than MSWLF units which accept waste on or after that date, must demonstrate to the satisfaction of the Department, compliance or non-applicability with the requirements of paragraphs B, C, and L of this rule. The Department may establish a closure schedule for facilities failing to meet this demonstration. Z. Recordkeeping. Documentation of compliance or non-applicability of the requirements of this rule shall be retained by the owner at the facility or at another approved site until otherwise directed by the Department, but in no case shall records be required to be retained longer than 5 years after the completion of any applicable closure and post- closure requirements. Such documentation shall be made available to the Department upon request.