250-RICR-140-05-2
250-RICR-140-05-2. Solid Waste Regulations No. 2 Solid Waste Landfills (version Periodic Refile, 12/31/2001 to 03/21/2018)
STATE OF RHODE ISLAND AND PROVIDENCE PLANTATIONS
DEPARTMENT OF ENVIRONMENTAL MANAGEMENT
OFFICE OF WASTE MANAGEMENT
SOLID WASTE REGULATION NO. 2
SOLID WASTE LANDFILLS
EFFECTIVE DATE JANUARY, 1997
TABLE OF CONTENTS
PAGE
2.1.00 SOLID WASTE LANDFILLS...................................................................................................1
2.1.01 General Information ....................................................................................................................1
2.1.02 Engineering Plans .......................................................................................................................1
2.1.03 Operating Plan ............................................................................................................................4
2.1.04 Sedimentation and Erosion Control Plan...................................................................................6
2.1.05 Engineering Report .....................................................................................................................7
2.1.06 Quality Assurance/Quality Control Report ............................................................................10
2.1.07 Contingency Plan......................................................................................................................11
2.1.08 Hydrogeological Report.............................................................................................................12
2.1.09 Closure and Post-Closure Plans and Financial Assurance.....................................................31
2.1.10 Site Engineering ........................................................................................................................35
2.1.11 Conservation Easement.............................................................................................................35
2.1.12 Landfill Gas Recovery Facilities................................................................................................35
2.2.00 SOLID WASTE LANDFILL CONSTRUCTION STANDARDS ....................................38
2.2.01 General.......................................................................................................................................38
2.2.02 Horizontal and Vertical Control...............................................................................................38
2.2.03 Liner System..............................................................................................................................38
2.2.04 Leachate Collection and Removal System ................................................................................39
2.2.05 Landfill Subgrade.......................................................................................................................39
2.2.06 Soil Component of the Liner System ........................................................................................40
2.2.07 Geomembrane Liners.................................................................................................................42
2.2.08 Soil Drainage Layers .................................................................................................................46
2.2.09 Leachate Collection Pipes ..........................................................................................................47
2.2.10 Geosynthetic Drainage Layers..................................................................................................48
2.2.11 Filter Layer Criteria...................................................................................................................49
2.2.12 Final Cover System....................................................................................................................49
2.2.13 Construction Certification Report............................................................................................52
2.2.14 Equivalent Design.....................................................................................................................53
2.3.00 SOLID WASTE LANDFILL OPERATING STANDARDS ...............................................53
2.3.01 General.......................................................................................................................................53
2.3.02 Working Face.............................................................................................................................53
2.3.03 Lift Height..................................................................................................................................53
2.3.04 Cover Material...........................................................................................................................53
2.3.05 Water Pollution .........................................................................................................................55
2.3.06 Waste Handling.........................................................................................................................57
2.3.07 Equipment Requirements..........................................................................................................59
2.3.08 Gas Control................................................................................................................................60
2.3.09 Fire Protection ...........................................................................................................................61
2.3.10 Surface Drainage .......................................................................................................................61
2.3.11 Monitoring Wells ......................................................................................................................61
2.3.12 Distance to Property Lines........................................................................................................62
2.3.13 Limited Access ...........................................................................................................................62
2.3.14 Flood Plain, Wetlands, and Coastal Restrictions.....................................................................62
2.3.15 Deed Restriction/Conservation Easement................................................................................63
2.3.16 Height Monitoring ....................................................................................................................64
2.3.17 Excavation..................................................................................................................................64
2.3.18 Resource Recovery and Solid Waste Incinerator Ash Residue Monofills...............................64
2.3.19 Airport Safety ............................................................................................................................64
2.3.20 Fault Areas.................................................................................................................................64
2.3.21 Seismic Impact Zones................................................................................................................65
2.3.22 Unstable Areas...........................................................................................................................65
2.3.23 Closure of Existing SWLF Units in Unstable Areas...............................................................66
2.3.24 Post-Closure Care......................................................................................................................67
2.3.25 Record-Keeping Requirements for SWLF Units......................................................................67
Appendix A
Constituents for Detection Monitoring.....................................................................A-1
Appendix B
List of Hazardous Inorganic and Organic Constituents .........................................B-1
Appendix C
Corrective Actions Program.........................................................................................80
Appendix D
Allowable Mechanisms for SWLF Units to Demonstrate Financial Assurance.......88
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2.1.00 SOLID WASTE LANDFILLS
2.1.01 General Information: In addition to meeting the general requirements set forth in Rule 1.5.00, each
applicant for a license to construct and operate a landfill subject to this rule must contain the
following:
(a)
Engineering plans detailing the proposed landfill's location of the property boundaries,
adjacent land uses and complete construction plans pursuant to Rule 2.1.02.
(b)
Operating plans pursuant to Rule 2.1.03.
(c)
A sedimentation and erosion control plan prepared in accordance with Rule 2.1.04.
(d)
An engineering report comprehensively describing the existing site conditions and an
analysis of the landfill, including closure and post closure criteria, prepared in accordance
with Rule 2.1.05.
(e)
A quality assurance/quality control report prepared in accordance with Rule 2.1.06.
(f)
A contingency plan report prepared in accordance with Rule 2.1.07.
(g)
A hydrogeological report and water quality monitoring plan prepared in accordance with
the provisions of Rule 2.1.08.
(h)
A legal document certifying acceptance of leachate by the operator of a wastewater
treatment facility for the discharge of leachate to that facility, if applicable or, for on-site
treatment and discharge of leachate, a Rhode Island Pollution Discharge Elimination
system permit.
(i)
A closure plan and post-closure care plan prepared in accordance with Rule 2.1.09.
2.1.02 Engineering Plans
The engineering plans must contain the following:
(a)
Locus Map: A copy of the latest geologic survey map delineating the site boundaries, the
entire existing and proposed service area, as appropriate, and indicating directions and
distances to airports within 15 miles of the landfill.
(b)
Radius Plan: A radius plan including all the information listed below shall be submitted.
The radius plan must be drawn to an appropriate scale adjusted to fit on a standard size
sheet and including all areas within a one-half (1/2) mile radius out from all property lines
of the site. The required information includes:
(1)
Zoning of the areas as required by Rule 1.5.05
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(2)
All buildings and dwellings
(3)
All water supplies (wells, etc.)
(4)
All surface waters including wetlands (with quality classifications)
(5)
All known principal and primary water supply aquifers (with quality
classifications)
(6)
All roads, bridges, railroads, airports, and historic sites.
(7)
All boring locations
(8)
Legal boundaries of site certified by a Registered Land Surveyor in the State of
Rhode Island
(9)
North arrow
(10)
Extent of 100 year flood plain (where applicable)
(11)
All other existing and proposed non-made or natural features relating to the facility
(12)
Legend
(c)
Site Plan: A site plan including all of the information listed below for all areas within the
site shall be submitted. The site plans must be drawn to an appropriate scale adjusted to fit
on a standard size sheet. The required information includes:
(1)
Initial ground contours at five-foot intervals
(2)
Final proposed contours at five-foot intervals
(3)
Boring locations, excavations and test pits
(4)
The location and placement of each liner system
(5)
The location and placement of each leachate collection system showing all critical
grades and elevations of the collection pipe inverts and drainage envelopes,
manholes, cleanouts, valves, sumps, and pumps if necessary
(6)
Proposed gas controls, wells, header pipes, vents and flares (if any)
(7)
Buildings
(8)
Water supply wells (if any)
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(9)
Surface water courses (if any)
(10)
Roads
(11)
Cross section lines (see Rule 2.1.02 (d))
(12)
Areas to be used for storing salvaged materials and recycled materials
(13)
Areas to be used for special waste as listed in Rule 2.3.06 (d)
(14)
Groundwater monitoring wells
(15)
Legal boundaries of the site certified by a Registered Land Surveyor in the State of
Rhode Island
(16)
Power lines, pipe lines, rights of way and other utilities
(17)
Proposed fences
(18)
Weighing facilities
(19)
North arrow
(20)
Location of borrow areas
(21)
Boundaries of areas to be filled including planned stage development of the
landfill's construction and operation.
(22)
Benchmarks and permanent survey markers
(23)
Lateral and vertical limits of previously filled areas (if any)
(24)
A wind rose
(25)
Berms, dikes, ditches, sedimentation ponds, swales and other devices as needed to
control or collect surface water run-on and run-off
(26)
Location and details of leachate storage, treatment and disposal systems
(27)
Typical roadway sections and profiles (for paved roadways)
(28)
Legend
(d)
Cross Sections: Typical cross section plans including all the information listed below shall
be submitted. A minimum of two cross sections will be required of right angled center
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lines passing through the approximate middle of the site. The cross section plans should be
drawn at appropriate horizontal and vertical scales. The required information includes:
(1)
Proposed lifts
(2)
Virgin ground
(3)
Maximum groundwater table
(4)
Bedrock location
(5)
Side slopes
(6)
Details of surface drains and ditches
(7)
Final fill elevations and grades
(8)
Limits of excavations
(9)
Final cover details & elevations
(10)
Details on access road construction
(11)
Details of the liner system
(12)
Details of leachate collection systems
(13)
Details of gas management facilities
(14)
Details of groundwater monitoring wells
(e)
Airport Safety:
An owner or operator applying to site a new SWLF unit and/or a lateral expansion of a
SWLF unit 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) of this application and show proof to the Director of this notification.
2.1.03 Operating Plan
(a)
An operating plan shall be submitted including information on all of the areas listed below.
The duration of the operating plan shall equal that of the license. The operating plan shall
be reviewed by the applicant prior to the license renewal and any changes to such plan shall
be submitted to the Department for approval at that time.
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(b)
The applicant must demonstrate an ability to comply with all General Operating Standards
and with the Sanitary Landfill Operating Standards listed in Rules 1.7.00 and 2.3.00,
respectively. The following information shall be included in the plan:
(1)
Type of landfill method to be used (trench, area, etc.)
(2)
Proposed sequence of filling operation
(3)
Fire control and prevention provisions
(4)
Operating hours
(5)
All types of refuse to be accepted with corresponding approximate percentages of
the total refuse
(6)
Personnel and duties, including a description of all personnel that will receive
training in order to become knowledgeable of the procedure, equipment, and
process at the facility, relative to the position in which they are employed
(7)
Projected use of completed site
(8)
Dust control program
(9)
Vector control program
(10)
Litter control program
(11)
Odor control program
(12)
Procedures to promote vegetative growth on completed areas
(13)
Equipment to be on site during operating hours
(14)
Substitute equipment arrangement
(15)
Communications equipment available
(16)
Population and service area
(17)
Winter operations
(18)
Provisions for limited access
(19)
Weighing facilities
(20)
Estimated life of landfill
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(21)
Salvaging operations and handling procedures for source segregated recyclable
materials or other recyclables to be stored for recycling
(22)
Handling procedures for special wastes as listed in Rule 1.7.04 and 2.3.06 (d) and
procedures for SWLF units to exclude regulated hazardous wastes and PCB wastes,
per Rule 2.3.06 (e).
(23)
Leachate collection removal and disposal operations and schedule
(24)
Leachate treatment operations (if any)
(25)
Groundwater monitoring operations and schedule
(26)
Air monitoring operation and schedule including gas monitoring program
(27)
Surface drainage control methods
(28)
If applicable, a description of the operation of a convenience station at the landfill
for smaller private vehicles to unload refuse at an area other than the landfill's
working face
(29)
Outline of the records to be kept, location of records, and retention period of
records.
2.1.04 Sedimentation and Erosion Control Plan
A sedimentation and erosion control plan including all of the information listed below for all areas
within the site shall be submitted. The sedimentation and erosion control plan must be drawn to an
appropriate scale adjusted to fit on a standard size sheet. The required information includes:
(a)
The identification of all areas of disturbed, erodible, non-vegetated, non-stable soils.
(b)
The identification of all planned activity areas which could result in erosion due to unstable
soil conditions.
(c)
The definitive, specific location for temporary sediment and erosion control installation.
(d)
The types of temporary sediment and erosion controls to be utilized. Such controls must be
able to withstand all expected velocities from site flows under anticipated storm events and
must be capable under such conditions to retain eroded soils with maximum stability and
efficiency.
(e)
The method of temporary sediment and erosion control installation, including the time of
installation.
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(f)
The method and schedule of maintenance, modification, enforcement, and replacement of
temporary sediment and erosion controls based upon operations and existing or anticipated
erosion problems, including on-site and off-site borrow areas and any other areas that may
be disturbed by landfill operations.
(g)
The means and method of sediment removal collected within or behind any controls,
including anticipated time periods between removal.
(h)
Existing vegetation to be retained.
(i)
Proposed vegetation to be used for cover, screening and other purposes.
(j)
Seeding and planting schedule that accounts for the various stages of landfill development
(construction, operation and closure).
(k)
Seed mixture choice, fertilization procedures and procedures for seed application (identify
seasonal limitations, as appropriate), mulching and maintenance.
(l)
Planting plan and schedule (which must identify plants to be used consistent with future
use proposals).
(m)
A schedule of cutting and clearing of existing vegetation so as to maintain the maximum
natural area at all times.
2.1.05 Engineering Report
An engineering report containing a description of the existing site conditions and an analysis of the
proposed landfill in accordance with the construction standards of Rule 2.2.00 shall be submitted.
The following information shall be included in the report:
(a)
The proposed design capacity of the landfill for which approval is being sought, expressed
in tons per day.
(b)
An analysis of the existing topography, surface water and subsurface geological conditions
in accordance with the requirements of Rule 2.1.08.
(c)
A description of the materials and construction methods used for the placement of the
following:
(1)
Groundwater monitoring wells
(2)
Gas venting system
(3)
Each liner and leachate collection and removal system
(4)
Leachate storage treatment and disposal system
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(5)
Cover system
This description must demonstrate conformance with the construction requirements found
in Rule 2.2.00, and must include a discussion of provisions to be taken to prevent frost
action upon each liner system in areas where refuse has not been placed.
(d)
An estimate of the expected quantity of leachate to be generated, including:
(1)
An annual water budget that must estimate leachate generation quantities during
initial operation, upon application of intermediate cover and following facility
closure. At a minimum, the following factors must be considered:
(i)
Average monthly temperature
(ii)
Average monthly precipitation
(iii)
Evaporation
(iv)
Evapotranspiration
(v)
Surface/cover soil conditions
(vi)
All other sources of moisture contribution to the landfill
(vii)
Guidance for leachate calculations may utilize National Weather Service
data for Providence, RI, United States Department of Agriculture Climate
Data for Providence, RI and USDA, Soil Conservation Service for Rhode
Island soil data.
(2)
Liner and leachate collection system efficiencies that must be calculated using an
appropriate analytical or numerical assessment. At a minimum, the factors to be
considered must include:
(i)
The saturated hydraulic conductivity of the liner
(ii)
The liner thickness
(iii)
The saturated hydraulic conductivity of the leachate collection system
(iv)
The leachate collection system porosity
(v)
The base slope of the liner and leachate collection and removal system
interface
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(vi)
The maximum flow distance across the liner and leachate collection and
removal system interface to the nearest leachate collection pipe
(vii)
The estimated leachate generation quantity as computed in accordance with
the requirements of Rule 2.1.05(d)(1)
(3)
Predictions of the static head of leachate on the liners, volume of leachate to be
collected, and the volume of leachate that may permeate through the entire liner
system, all on a monthly basis. Information gained from the collection efficiency
calculations required in Rule 2.1.05(d)(1) & (2) of this part must be used to make
these predictions. This assessment also must address the amount of leachate
expected to be found in the secondary leachate collection and removal system in
gallons per acre per day (the "action leakage rate").
(e)
Design of a leachate storage facility, if necessary. The storage facility's capacity must be
based upon the leachate generation calculation required in Rule 2.1.05(d). The design
capacity for the leachate storage facility must be based on the proposed leachate disposal
method that must allow sufficient lead time for either:
(1)
Approval for the construction and operation of an on-site leachate treatment facility
or
(2)
Approval to handle leachate destined for off-site treatment at a wastewater
treatment facility
(f)
A description of the contingency plan for the construction phase. This plan must describe
procedures for responding to construction deficiencies resulting from circumstances
including, but not limited to, inclement weather and defective materials or construction
inconsistent with specifications as demonstrated by quality control testing. The plan must:
(1)
Provide a description of the criteria to be utilized in evaluating deficiencies
(2)
Select and implement corrective actions
(3)
Discuss the closure and post-closure maintenance and operation of the landfill
which must include, but not be limited to:
(i)
A closure design consistent with the requirements of Rule 2.1.09 and 2.2.12
(ii)
A post-closure water quality monitoring program consistent with Rule
2.1.09
(iii)
An operation and closure plan for the leachate collection, treatment, and
storage facilities
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(iv)
A discussion of the future use of the site, including the specific proposed or
alternative uses. Future uses must conform to the sedimentation and
erosion control plan, required pursuant to Rule 2.1.04, and must not
adversely affect the final cover system.
(g)
A description of the daily and intermediate cover material, including a sieve analysis,
performed by a competent soil testing agency. An estimation of the amount (in cubic
yards) of cover material available and the source will also be required. If the cover
material is to be purchased, a letter from the vendor stating the amounts which can be
supplied must also be submitted.
(h)
A description of procedures and precautions to be taken during the placement of the first
lift of waste above the liner and leachate collection system, describing the selected solid
waste and its placement, approach and operation of collection vehicles and compaction
equipment, with concern for minimizing adverse impacts on the liner and leachate
collection system.
2.1.06 Quality Assurance/Quality Control Report
The project's Quality Assurance (QA) and Quality Control (QC) report must address the
construction requirements set forth in Rule 2.2.00 for each specified phase of construction. This
plan must include, but not be limited to:
(a)
A delineation of the QA and QC management structures, including the chain of command
of the QA and QC inspectors, and describing the quality control and corrective action
implementation responsibilities of the QA and QC inspectors and the contractors.
(b)
A description of the required level of experience for the contractor and his crew for every
major phase of construction which shall be sufficient to insure that the installation methods
and procedures as required per Rule 2.2.00 are properly implemented.
(c)
A description of the required level of experience of the QA and QC inspectors for every
major phase of construction to ensure that the QA and QC testing is properly implemented.
(d)
A description of the required level of training, if necessary, to be provided for the
contractor's personnel and the inspectors, to insure that the installation methods and
procedures and the contingency methods are properly implemented and that corrective
action will be properly employed, when necessary.
(e)
A description of the QA and QC testing and inspections for every major phase of
construction, which shall include but not be limited to the following:
(1)
The frequency of inspections
(2)
The frequency of field testing
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(3)
The frequency of sampling for laboratory testing
(4)
The sampling and field testing procedures to be utilized
(5)
The sampling and field testing equipment to be utilized
(6)
The calibration of field testing equipment
(7)
The frequency of system or performance audits
(8)
The sampling size
(9)
The soils or geotechnical laboratory to be used
(10)
The laboratory procedures to be utilized
(11)
The calibration of laboratory equipment and QA/QC of laboratory procedures
(12)
The limits for test failure
(13)
The description of the corrective procedures to be used upon test failure
2.1.07 Contingency Plan
The contingency plan must discuss an organized, planned and coordinated, technically and
financially feasible course of action to be taken in responding to contingencies during the
construction and operation of a landfill. The plan must address, at a minimum:
(a)
Actions to be taken with respect to personnel and user safety
(b)
On-site personal injury
(c)
Fires
(d)
Explosive landfill gases detected on site
(e)
Equipment breakdown
(f)
Unusual traffic conditions
(g)
Deposition or receipt of waste not authorized by the Department to be disposed of at the
facility
(h)
Releases of hazardous or toxic materials
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(i)
Groundwater and surface water contamination including public and private water supply
contamination
(j)
Presence of leachate in the secondary leachate collection and removal system, including:
(1)
Establishing limits for Action Leakage Rates (ALR) and Rapid and Large Leakages
(RLL)
(2)
Description of Response Action Plan (RAP) if ALR and RLL are exceeded
(k)
The leachate storage facility being at or above capacity
(l)
Leachate tank and surface impoundment spills or leakage (including removal of the waste
and repair of such structures)
(m)
The inability of the approved leachate treatment facility to accept leachate from the landfill
for an indefinite period of time
2.1.08 Hydrogeological Report: The hydrogeologic report must define the landfill site geology and
hydrology and relate these factors to regional and local hydrogeologic patterns; provide a three-
dimensional understanding of groundwater and surface water flow at the site sufficient to
determine the ultimate suitability of the site for landfilling; establish an environmental monitoring
system capable of readily detecting a contaminant release from the facility and determining
whether the site is contaminating surface or subsurface waters; and form the basis for design of the
facility and contingency plans relating to ground or surface water contamination or gas migration.
The hydrogeologic report for a new landfill, and for a lateral expansion of an existing landfill, must
contain a site investigation plan, a site investigation report, and an environmental monitoring plan.
(a)
Requirements of the Site Investigation Plan: The site investigation plan must clearly define
all methods to be used in investigating the hydrogeologic conditions of the site, the scope
of the intended investigation, and any specific hydrogeologic questions that the
investigation is designed to address. The applicant is strongly encouraged to develop a
draft version of the plan for review with the Department before starting the hydrogeologic
investigation, and to keep the Department informed of the findings and subsequent
investigative proposals as the study proceeds. The final version of the plan included in the
hydrogeologic report section of the license application must fully describe all methods of
investigation used. The plan must comply with the following:
(1)
General requirements for all methods used -- In obtaining the required
hydrogeologic information, the applicant must employ current, standard, and
generally accepted procedures in meeting the requirements of this Section. Unless
otherwise approved by the Department, all work must be done in accordance with
applicable American Society for Testing Materials standards or current and
appropriate U.S. Environmental Protection Agency guidance documents.
Alternative or innovative methodologies may be approved by the Department. All
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procedures must be conducted under the supervision of a geologist, hydrogeologist,
or geotechnical engineer having experience in similar hydrogeologic investigations,
in a manner that ensures accuracy of the data and precludes environmental
degradation. The location of all installations, geophysical and geochemical
surveys, and seismic lines must be shown on a map with the same scale and
coordinate grid system used on the engineering plans.
(2)
Literature search -- A comprehensive search must be made for pertinent and
reliable existing information concerning regional and site-specific hydrogeologic
conditions. The literature search must include, as available, records and reports of
the U.S. Soil Conservation Service; basin planning reports, water table maps,
geologic bulletins, water supply papers, professional papers and other reports of the
U.S. Geological Survey; publications and bulletins of the Geological Society of
America and other professional organizations; and publications of the U.S.
Environmental Protection Agency and department, college and university reports;
and aerial photography or remotely sensed imagery.
(3)
Surficial geologic mapping -- The site must be mapped to determine the
distribution of surficial deposits on and surrounding the site based upon existing
information, field evaluations, and field confirmation of all interpretations made on
the site itself.
(4)
Water well surveys -- A survey of 1) public wells within three miles of the site and
2) private water wells within one mile downgradient and one-quarter mile
upgradient of the proposed site must be conducted. An alternative distance may be
agreed upon by the Director. Surveys must obtain, where available, the location of
wells, which must be shown on a map with their elevation and depth, name of
owner, age and usage of the well; geologic unit screened; well construction; static
water levels; well yield; actual or perceived water quality; and any other relevant
data which can be obtained.
(5)
Fracture trace analysis -- The Department may require the use of fracture trace
analysis to identify potential pathways of groundwater and contaminant migration.
(6)
Geophysical and geochemical surveys -- The Department may require the use of
geophysical and geochemical methods, such as electromagnetic resistivity, seismic
surveys, and soil gas analysis, to justify the interpretations and conclusions of the
site investigation report, and to provide information between boreholes and aid in
the siting of wells.
(7)
Tracer studies -- The Department may require the use of tracer studies to aid in
understanding groundwater flow and potential contaminant transport, or to
otherwise assist in devising an effective environmental monitoring plan.
(8)
Monitoring wells and piezometers
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(i)
Construction in general
(A)
Monitoring wells and piezometers must define the three-
dimensional flow system within the aquifer to justify the
interpretations and conclusions of the hydrogeologic report. For all
landfill units, monitoring wells must be installed at appropriate
locations and depths to yield groundwater samples from the
uppermost aquifer.
(B)
Construction techniques must be appropriate to ensure that
groundwater samples and head level measurements characterize
discrete stratigraphic intervals; and to prevent leakage of
groundwater or contaminants along the well annulus. If leakage is
detected, it must be corrected or the well must be abandoned.
(C)
Monitoring wells and piezometers may be placed individually or as
well clusters. Well clusters consist of individual wells at varying
depths in close proximity, each installed in its own boring. Multiple
wells placed into one large borehole are prohibited unless
Department approval is obtained.
(D)
Soil borings, soil samples, and rock cores must characterize each
geologic unit within the aquifer to justify the interpretations and
conclusions of the hydrogeologic report.
(E)
Every appropriate precaution must be taken during drilling and
construction of monitoring wells to avoid introducing contaminants
into a borehole. Only potable water may be used in drilling
monitoring wells or piezometers.
(F)
All equipment to be placed into the boring must be properly
decontaminated before use at the site and between boreholes. The
initial cleaning at the site must be sufficient to ensure that no
contaminants from the last site drilled will be introduced into the
borings. All equipment must be steam cleaned between holes.
Upgradient wells should be drilled first.
(ii)
Construction of monitoring wells and piezometers.
(A)
Well casing: All permanent groundwater monitoring wells shall be
constructed of PVC well casing material. All casing shall have a
minimum inside diameter of 2.0 inches. Monitoring wells
constructed in unconsolidated material less than 100 feet in depth
shall be constructed using a minimum of schedule 40 PVC. Wells
greater than 100 feet shall be constructed using a minimum of
schedule 80 PVC.
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(1)
Assembly and installation: All casing shall be constructed of
flush threaded joints or threaded coupling joints. All joints
shall be fitted with an "O" ring or wrapped with teflon tape.
Solvent welded joints are not permissible without prior
written permission of the Director.
(2)
Exceptions: The Director may allow alternate well casing
material if the containment concentrations or geologic
setting require an alternative construction. Alternative
materials include but are not limited to: (a) teflon, (b)
stainless steel, or (c) uncoated or galvanized steel.
(B)
Well screen: The well screen slot size shall be sized to retain at
least 90 percent of the grain size of a filter pack or at least 60
percent of the grain size of the collapsed formation. Well screens
on water table wells shall not exceed 15 feet in length. Well screens
for piezometers shall not exceed five feet in length. Well screens
shall be factory slotted. A bottom cap and sump sediment trap shall
be installed. Water table variations, site stratigraphy, expected
contaminant behavior, and groundwater flow must be considered in
determining the screen length, materials, and position. Where
existing contamination is suspected or known, down hole
geophysical techniques may be required by the Department to aid in
selecting well screen elevations.
(C)
Filter pack: The filter pack shall be chemically inert, well rounded
and well sorted glass beads or silica based sand or gravel of uniform
grain size. The filter pack must minimize the amount of fine
material entering the well, and it must not inhibit the flow of water
into the well. The filter pack shall extend no more than five feet
above the well screen. The filter pack shall not contaminate
groundwater.
(D)
Sealing requirements:
(1)
Filter pack seal: All monitoring wells installed with a filter
pack shall be constructed with a top of filter pack seal.
(2)
Annular space seal: All monitoring wells shall be installed
with an annular space seal that has a permeability of 1 x 10-7
centimeters per second or less.
(3)
Ground surface seal: All monitoring wells shall be
constructed with a continuous pour concrete ground surface
seal. The ground surface seal shall extend to a minimum of
16
40 inches below the land surface and shall be flared such
that the diameter at the top is greater than the diameter at the
bottom. The top of the ground surface seal shall be sloped
away from the well casing, and shall be imprinted with the
designation of the monitoring well.
(E)
Protective cover pipe: The protective pipe shall consist of a
minimum 4 inch diameter metal casing with locking cap. The
protective pipe shall extend from the bottom of the ground surface
seal to a minimum of 24 inches above the land surface. There shall
be no more than 4 inches between the top of the well casing and the
top of the protective pipe. The monitoring well designation shall be
indicated clearly on the protective cover pipe. A gas vent shall be
installed. A high visibility guard post to prevent destruction of the
well may be required. The Director may request additional
protective devices as necessary. "Road boxes" will be acceptable in
locations where protective cover pipes are not stable. All road
boxes shall be locking and air tight.
(F)
Where under the circumstances of a particular situation the
Department believes that the methods identified in this section are
inadequate, it may require additional measures to be taken to
prevent migration of contaminants along the well annulus or to
otherwise protect the well.
(G)
Alternative construction methods for piezometers may be approved
by the Department if those methods meet the requirements set forth
in this Section.
(iii)
Well and piezometer development --
Development of all monitoring wells and piezometers shall be performed
no earlier than 24 hours after installation and before the initial water quality
samples are taken. The goal of well development is to produce water free
of fine sand and coarser material, all drill cuttings and drilling fluids.
(A)
Survey -- The locations and elevations of all existing and
abandoned test pits, soil borings, monitoring wells, and piezometers
must be surveyed to obtain their precise location and plotted on a
map in the hydrogeologic report. The vertical location of the
ground surface and the mark made on the top of the monitoring well
and piezometer risers must be accurately measured to the nearest
one hundredth foot.
17
(B)
Where a well is damaged, or for any other reason cannot be
sampled, the Department must be notified in writing no later than
15 days after discovery of the situation.
(C)
Replacement of wells -- All wells must be properly protected to
ensure their integrity. If in the opinion of the Department, water
quality or other data show that the integrity of a well is lost, the well
must be replaced and sampled within a time period acceptable to the
Department after written notification by the Department.
(D)
Abandonment of wells -- All soil borings or rock cores which are
not completed as monitoring wells or piezometers, and other
abandoned wells, must be fully sealed in a manner appropriate for
the geologic conditions in order to prevent contaminant migration
through the borehole.
Abandonment procedures -- The well shall be checked from the
land surface through the entire depth of the well before it is sealed
to ensure against the presence of any obstructions that will interfere
with sealing operations.
(1)
Wells constructed with an annular seal shall be abandoned
by cutting off the casing a minimum of 4 feet below land
surface. The remaining casing shall be completely filled
with a neat cement grout or bentonite-cement grout.
(2)
Wells not known to be constructed with an impermeable
annular seal shall be abandoned by completely removing the
well casing and sealing with neat cement or bentonite-
cement grout. If the casing cannot be removed during the
abandonment of a well, the casing shall be thoroughly
ripped or perforated from top to bottom, except that
perforations will not be required over intervals of the well
that are sealed with cement. The screened portion of the
well and the annular space between the casing and the
drillhole wall shall be effectively and completely filled with
cement or bentonite-cement grout applied under pressure.
(E)
The owner or operator of a SWLF unit must notify the Director that
the documentation of the development and decommissioning of any
monitoring wells and piezometers has been placed in the landfill's
operating record.
(9)
Geologic sampling -- A representative number of borings and rock cores must be
sampled continuously throughout the length of the hole. In any additional borings
not continuously sampled, samples must be taken at five foot intervals in
18
unconsolidated deposits and, in rock, as required by the Department. For well
clusters, continuous samples must be collected from the surface to the base of the
deepest well. Other wells in the cluster must be sampled at all stratigraphic
changes, and at the screened interval. Soil borings must be sampled using the split
spoon method and bedrock or boulders must be sampled by coring with standard
size NX or larger diameter core bits. Samples must be retained in labeled glass jars
or wooden core boxes. Core samples must be securely stored and accessible
throughout the life of the facility. Unconsolidated samples must be retained for
three years after the permit is issued. The proposed location of the storage area
must be designated in the operation and maintenance plan for the facility.
(10)
Logs --
(i)
Complete and accurate drilling logs must be provided to the Department for
all soil borings. These logs must provide detailed soil classification. Logs
also must contain a description of matrix and clasts, mineralogy, roundness,
color, appearance, odor, and behavior of materials using an appropriate
descriptive system. A clear description of the system used must be
included with the logs. When undisturbed samples have been taken, the
interval tested and the test results must be clearly shown on the logs. All
well logs must contain drilling information as observed in the field
including: moisture content, location of the water table during drilling,
water loss during drilling, depth to significant changes in material and rock,
sample recovery measured in tenths of a foot, hammer blow counts, and
other pertinent comments, the method of drilling, anomalous features such
as gas in the well, and the use and description of drilling fluids or additives,
including the source and calculated and actual amounts of materials used.
(ii)
Rock core logs must describe the lithology, mineralogy, degree of
cementation, color, grain size, and any other physical characteristics of the
rock, percent recovery and the rock quality designation (RQD), other
primary and secondary features, and contain all drilling observations and
appropriate details required for soil boring logs. A clear photographic
record of all labeled cores must also be taken and submitted with the logs.
(iii)
Well completion logs must contain a diagram of the completed well, all
pertinent details on well construction, a description of materials used and
elevations of all well features. The owner or operator of a SWLF unit must
notify the Director that the documentation of the design and installation of
any monitoring wells and piezometers, has been placed in the landfill's
operating record.
(iv)
For a SWLF unit, there shall be either a certified statement from a qualified
groundwater scientist or approval by the Director of the number, spacing,
and depths of the installed groundwater monitoring wells. If there is a
certified statement from a qualified groundwater scientist, concerning this
19
matter, then the owner or operator of the SWLF unit shall notify the
Director, within fourteen (14) days of this certification, that the certified
statement has been placed in the landfill's operating record.
(11)
Water quality sampling and analysis -- Water quality samples, low in turbidity,
must be collected by personnel trained in sample collection methods and fully
informed of the sampling techniques specified in the site investigation and
environmental monitoring plans. These plans must specify: how samples will be
collected and preserved; chain of custody documentation; analyses required;
methods of analyses; and quality control/quality assurance protocols. All methods
must be acceptable to the Department. A record of the methods employed and the
personnel involved must be kept and reported to the Department with the analytical
data. The owner or operator of a SWLF unit must notify the Director that the
documentation of these sampling and analytical devices and procedures has been
placed in the landfill's operating record.
(i)
Monitoring well sampling techniques must be consistently performed each
time a well is sampled, and must comply with the following:
(A)
In areas where the presence of explosive or organic vapors as
suspected, ambient air in the well must be checked for their
presence before the well is evacuated. In addition, before
evacuation of the well, static water level must be measured to the
nearest one-hundredth of a foot using standard techniques; and for
wells with documented contamination, where contamination by
non-aqueous phase liquids may be present, standing water in the
well must be checked for immiscible layers or other contaminants
that are lighter or heavier than water (floaters or sinkers). If present,
floaters or sinkers must be sampled and analyzed separately by a
method described in the site investigation plan.
(B)
Evacuation of the well must replace stagnant water in the well and
the sand pack with fresh water representative of the aquifer.
Evacuation methods must create the least possible turbidity in the
well and must not lower the water in the well below the top of the
sand pack. Evacuated water must be properly managed.
(ii)
Surface water sampling -- The Department may require the sampling and
analysis of surface water sampling points in a variety of situations. Surface
water sampling methods must be consistently applied each time a point is
sampled and must comply with the following:
(A)
Samples collected from shallow water should not include bottom
sediment. In shallow moving water, downstream samples must be
collected first to avoid disturbing the bottom sediments.
20
(B)
Each water body over ten feet deep that is sampled must be checked
for stratification, and each stratum must be checked for
contamination using field parameters. Each stratum showing
evidence of contamination must be separately analyzed. If no
stratum shows such evidence, a composite sample having equal
parts of water from each stratum must be analyzed.
(iii)
Except as otherwise specified by the Department, all samples must be
whole and unfiltered and must be collected in a manner which produces the
least possible turbidity.
(iv)
Analysis of water quality data --
(A)
Field analysis must be performed after evacuation of the well, either
within the borehole using a probe or immediately after collection.
All field test equipment must be calibrated at the beginning of each
sampling day and checked and recalibrated according to the
manufacturer's specifications. Calibration data must be reported
with the analytical results.
(B)
Laboratory analyses must be performed using analytical
methodologies acceptable to the Department. Where necessary to
achieve acceptable minimum detection levels, the Department may
require the use of specific analytical methods.
(C)
All samples must be collected and stored in the order of the
parameter's volatilization sensitivity using methods, consistently
applied, which ensure sample integrity.
(D)
Written reports containing the laboratory results must be submitted
to the Department, and must include certification by the laboratory
as to the accuracy and analytical methods used.
(E)
After volatile organic samples have been collected, field parameters
must be measured from the next sample collected.
(F)
Samples must be properly preserved and delivered to the laboratory
within all appropriate holding times for the parameters to be
analyzed and with proper chain of custody.
(G)
Blanks and replicate samples must be collected and analyzed in
accordance with a method acceptable to the Department.
(b)
Site Investigation Report: The site investigation report must include, at a minimum, a final
version of the site investigation plan, raw field data collected, analytical calculations, maps,
21
flow nets, cross sections, interpretations and conclusions. Such report must
comprehensively describe, at a minimum:
(1)
Regional geology: The discussion of regional geology must demonstrate how the
regional geology relates to the formation of on-site geologic materials, the
potential for and effects of off-site contaminant migration, and the location of
nearby sensitive environments. This discussion must include available and
appropriate information to describe:
(i)
bedrock geology and structural features (represented on maps and columnar
diagrams) constructed from field exposures and the geologic literature and
describing formation and member names; geologic ages; rock types;
thicknesses; the units' mineralogic and geochemical compositions and
variabilities; rock fabrics; porosities and bulk permeabilities; and structural
geology, including orientation and density or spacing of folds, faults, joints,
and other features;
(ii)
glacial geology, including a discussion of the formation, timing, stages, and
distribution of glacial deposits, advances and retreats of ice, and hydrologic
characteristics of the surficial deposits, such as kames, esker, outwash
moraines, etc.;
(iii)
major topographic features, their origin and influence upon drainage basin
characteristics; and
(iv)
surface water and groundwater hydrologic features, including surface
drainage patterns, recharge and discharge areas, wetlands and other
sensitive environments, inferred regional groundwater flow directions,
aquifers, and known primary water supply and principal aquifers, public
water supply wells, and private water supply wells identified in the water
supply well survey; any known peculiarities in surface water and
groundwater geochemistry and any other relevant features.
(2)
Site specific geology -- The site investigation report must define site hydrogeologic
conditions in three dimensions and their relationship to the proposed landfill. The
report must define site geology, surface water and groundwater flow, and must
relate site-specific conditions to the regional geology. The report must describe the
potential impact the landfill may have on surface and groundwater resources and
other receptors, including future hydrogeologic conditions which may occur with
site development, and must describe the hydrogeologic conditions in sufficient
detail to construct a comprehensive understanding of groundwater flow which can
be quantified and verified through hydrologic, geochemical, and geophysical
measurements. The report must provide sufficient data to specify the location and
sampling frequency for environmental monitoring points, form the basis for
contingency plans regarding ground and surface water contamination and explosive
gas migration, and support the engineering design of the landfill.
22
The site-specific hydrogeologic evaluation must specifically discuss all
consolidated and unconsolidated geologic units. Such evaluation must include
maps, cross-sections, other graphical representations, and a detailed written
analysis of the following:
(i)
all hydrogeologic units such as specific glacial deposits and bedrock types,
and how they relate to surface water and groundwater flow. This must
include all hydrogeologic data collected during the site investigation and
explain and evaluate the hydrologic and engineering properties of the site
and each specific unit; and
(ii)
local groundwater recharge and discharge areas, high and low groundwater
tables and potentiometric surfaces for each hydrologic unit, vertical and
horizontal hydraulic gradients, groundwater flow directions and velocities,
groundwater boundary conditions, surface and groundwater interactions,
and an evaluation of existing water quality.
(c)
Environmental Monitoring Plan: The environmental monitoring plan must describe all
proposed monitoring, including the location of all monitoring points, sampling schedule,
the method of sample collection and preservation, procedures for shipment of samples for
analysis, chain of custody documentation, analyses to be performed, quality assurance and
quality control measures, analytical and statistical methods, and reporting requirements.
The plan must also include a schedule for initiation of the existing water quality and
operational water quality monitoring programs and a contingency water quality monitoring
plan. The owner or operator of a SWLF unit must notify the Director that the
environmental monitoring plan has been placed in the landfill's operating record. This plan
must comply with the following:
(1)
Groundwater sampling -- Groundwater monitoring wells must be capable of
detecting landfill-derived groundwater contamination.
(i)
Horizontal well spacing --
(A)
Horizontal well spacing must be based upon site-specific conditions
including groundwater flow rates, estimated longitudinal and
transverse dispersivity rates, proximity to or presence of sensitive
environments and groundwater users, the nature of contaminants
disposed of at the site, and the proposed design and size of the
landfill including capability for liner monitoring through a leak
detection system.
(B)
At a minimum, well spacing must provide at least one upgradient
and three downgradient monitoring wells or well clusters for each
water-bearing unit of the aquifer.
23
(C)
Some of the downgradient monitoring wells must be located as
close as practical to the waste boundary to ensure early detection of
any contaminant plume.
(D)
For SWLF units, all of the downgradient wells shall be no more
than one-hundred, fifty (150) meters from the waste management
unit boundary and will be located on land owned by the owner of
the SWLF unit. The acceptable distance of these wells from the
waste management unit boundary, i.e. the relevant point of
compliance, shall depend on the results of the hydrogeological
report's site investigation, per Rule 2.1.08 (a). For sites where
physical obstacles prohibit installation of some or all of the
downgradient wells at the relevant point of compliance, than these
downgradient monitoring wells shall be installed at the closest
practicable hydraulically downgradient distance from the relevant
point of compliance specified by the Director and the distance
chosen shall be approved by the Director.
(ii)
Well screen placement -- Well screens must be located to readily detect
groundwater contamination.
(iii)
Screen length -- Well screens must not exceed 15 feet in length unless
otherwise approved by the Department. The applicant must provide
technical justification for the actual screen length chosen.
(iv)
Geophysical and geochemical techniques -- Where existing contamination
is suspected, the Department may require the use of geophysical and
geochemical techniques to locate contaminated zones before selecting
appropriate well locations and screen depths for environmental monitoring
points.
(2)
Surface water sampling -- The environmental monitoring plan must designate
monitoring points for use in contingency monitoring of the facility for all surface
water bodies that may be significantly impacted by a contaminant release from the
facility. In bodies of standing water, these points must be located at the point or
points of highest likely impact and must be included in existing water quality
monitoring. In flowing water bodies these points must include sufficient
upgradient and downgradient locations to allow the facility's impact to be
measured. These points, however, do not require existing water quality analysis.
The detailed sampling and analysis requirements of these points must be specified
in the contingency monitoring plan.
(3)
Water quality monitoring program -- A water quality monitoring program must be
implemented for all environmental monitoring points specified in the
environmental monitoring plan. This program must be tailored to the site to
establish existing water quality for the site prior to landfilling, operational water
24
quality during operation of the site and the post-closure period, and contingency
water quality if contamination is detected at the site. These programs must meet
the following minimum requirements:
(i)
Existing water quality -- The applicant must establish an existing water
quality database to characterize the site geochemistry.
(A)
The license application must contain a preliminary evaluation of
water quality consisting of the first round of sampling and analyses
for a representative number of monitoring points. These samples
must be analyzed for the parameters listed in Appendix A and
Appendix B. The Department may increase or reduce sampling and
analysis of monitoring points and parameters as necessary to define
site
hydrogeology
and
geochemistry
in
support
of
the
interpretations and conclusions of the site investigation report.
(B)
Before disposition of waste in the facility, all environmental
monitoring points not previously sampled must be sampled and
analyzed for one round of quarterly sampling. This round must be
analyzed for the parameters listed in Appendix A and Appendix B.
(C)
If elevated contaminant levels are detected and additional detailed
information is needed to establish a complete existing water quality
database, the Department may require one or more rounds of
sampling and analysis in any sampling point.
(ii)
Detection monitoring -- The environmental monitoring plan must include a
plan for detection monitoring to be conducted during the operation, closure,
and post-closure periods of the facility. The detection monitoring plan must
be able to distinguish landfill-derived contamination from the existing
water quality at the site. The plan also must describe trigger mechanisms
based on a Department approved statistical method for initiating assessment
monitoring. Trigger mechanisms shall consist of statistically significant
increases over background for one or more of the Appendix A parameters,
at any landfill groundwater monitoring wells at the waste management unit
boundary. The Department may require modification of this plan as
additional sampling data becomes available throughout the life of the
facility. The minimum requirements for detection monitoring are:
(A)
Except as provided below in each calendar year, sampling and
analysis must be performed at least quarterly during the active
operating life of the landfill and at least semi-annually during the
closure and post-closure monitoring periods. For SWLF units,
sampling and analysis shall be performed for each upgradient and
downgradient well, during each monitoring event, with allowed
25
exceptions for wells in vicinities where landfilling has not
commenced, per Rule 2.1.08 (c)(3)(ii)(B).
(B)
The
Department
may
approve
phased
sampling,
where
hydrogeologic conditions warrant, as landfill cells are constructed
or as post-closure monitoring is completed. With Department
approval, sampling of specific environmental monitoring points
which are not potentially impacted by the portions of the landfill
already constructed, may be deferred, provided that scheduled
sampling commences at least one year before landfill construction
in the vicinity. The Department may withdraw this approval at any
time based upon a change in facility design, operation, or
performance.
(C)
Routine analysis shall be performed on parameters from Appendix
A. The Department may modify the list of routine parameters
before granting a permit for the facility, or during the duration of
the permit, if leachate composition so warrants. If subsequent
leachate compositions vary, or if the waste disposed of at the
facility changes, the Department may reinstate analytical
requirements. The license application must include a list of
parameters selected from Appendix A that will be used for the
routine quarterly monitoring.
(D)
At each upgradient (background) and downgradient well, there shall
be at least four independent samples, each separately collected and
analyzed for Appendix A parameters during the first sampling event
(of the detection monitoring program during or after waste has
been deposited.)
(E)
The statistical method chosen for evaluating groundwater
monitoring data for each Appendix A parameter shall be one of the
allowed optional methods per 40 CFR 258.53 (g) and 40 CFR
258.53 (h). The owner or operator of a SWLF unit must specify in
the landfill's operating record, the statistical method to be used.
(F)
If the owner or operator of a SWLF unit determines that there is a
statistically significant increase over background for one or more of
the Appendix A parameters, at any of the landfill's boundary
monitoring wells, than the owner or operator shall, within fourteen
(14) days of this finding, place a notice of these details in the
landfill's operating record and shall notify the Director of this
action.
(G)
If triggering of assessment monitoring occurs, than the owner or
operator of a SWLF unit has the option to successfully demonstrate,
26
within ninety (90) days, that this triggering was due to an error in
sampling, analysis, statistical evaluation or natural variation in
groundwater quality. If this successful demonstration occurs,
including a report documenting this demonstration, as certified by a
qualified groundwater scientist or approved by the Director, than
the landfill owner or operator can continue to employ detection
monitoring (rather than assessment monitoring).
(iii)
Assessment Monitoring -- The environmental monitoring plan must include
a plan for assessment monitoring, as described in this subparagraph, which
must be conducted when contamination is found. The plan also must
describe trigger mechanisms based on a Department approved statistical
method for initiating corrective action. Trigger mechanisms shall consist of
MCLs promulgated under Section 1412 of the Safe Drinking Water Act,
and an appropriate, health-based and/or environmental protection-based
level approved by the Department. All assessment monitoring plans are
subject to Department approval, may be modified at any time by the
Department when necessary to protect public health and the environment,
and must include the following:
(A)
If contamination as determined by using the statistical method in
evaluating detection monitoring for one or more routine parameters
is found, or if there is any scientifically valid evidence of off-site
contamination, then:
(1)
The owner or operator of the facility must sample and
analyze all affected monitoring points for the Appendix A
and Appendix B parameters during the next quarterly
sampling event. This next sampling event must occur
within ninety (90) days of the triggering of assessment
monitoring. If contamination detected poses an immediate
threat to public health or the environment as determined by
the Department, additional or more frequent sampling may
be required as part of a corrective action plan approved by
the Department.
(2)
Subsequent sampling and analysis for Appendix A and
Appendix B parameters must be conducted within 90 days
and at least quarterly subsequently for active, operating
landfills and at least semi-annually subsequently for closed
landfills (during the closure and post-closure monitoring
periods), until the conditions for curtailing contingency
water quality monitoring specified in clause D of this
subparagraph are met.
27
(3)
The Director may specify an appropriate subset of wells to
be sampled and analyzed for Appendix A and B parameters
during assessment monitoring. The Director may delete any
of the Appendix B monitoring parameters, if the owner or
operator of a SWLF unit, or their representative, can show
that the removed constituents are not reasonably expected to
be in or derived from the waste contained in the landfill.
(4)
At least one sample must be collected and analyzed from
each well monitored, during each sampling event.
Furthermore for any Appendix A and B parameter detected
in any downgradient well in these nits, during assessment
monitoring, a minimum of four independent samples must
be collected and analyzed from each background well and
from at least each downgradient well having detected that
parameter, to establish a background level for that
parameter and for statistical comparison purposes.
(5)
The owner or operator of a SWLF unit must place in the
landfill operating record, within fourteen (14) days of
receipt of analytical results from assessment monitoring, a
notice identifying any Appendix A or B parameters that
have been detected and must notify the Director that this
notice has been placed in this record.
(B)
If contamination as determined by using the statistical method in
evaluating assessment monitoring for one or more of the Appendix
B parameters is found, or if there is any scientifically valid evidence
of off-site contamination, then:
(1)
The owner or operator of the facility must initiate an
assessment of corrective measures, select a remedy and
implement a corrective action program in accordance with
the requirements described in Appendix C.
(C)
The Department may require initiation of specific assessment
monitoring based upon landfill containment failure shown by any
means, including, but not limited to, contamination found in off-site
wells beyond the property boundary.
(D)
Once initiated, assessment monitoring must be continued until the
elevated parameter is shown not to be landfill-derived, or that the
release by the landfill has been remediated. Assessment monitoring
also may be reduced or discontinued with the approval of the
Department if such monitoring is no longer needed to protect public
health or the environment. Assessment monitoring for Appendix A
28
and B parameters must continue at affected well(s) at least until the
concentration of all Appendix A and B parameters are shown to be
at or below background values (at the upgradient well(s)), using one
of the accepted statistical procedures in 40 CFR 258.53 (g), for two
consecutive sampling events. The owner or operator of the SWLF
unit must notify the Director of these occurrences during the two
consecutive sampling events and must, at minimum, return to
detection monitoring at these previously affected wells. For SWLF
units, assessment monitoring at affected wells must continue, if
these wells' analytical results continue to show concentrations of
one or more Appendix A and B parameters above background
(upgradient) values and all concentrations are below the
groundwater protection standard values established per Rule 2.1.08
(c)(3)(iii) (G) below.
(E)
Where existing water quality shows contamination, the applicant
must establish an assessment monitoring plan capable of detecting
additional groundwater contamination from the proposed facility.
(F)
If one or more of the Appendix A and B parameters are detected at
statistically significant levels above the groundwater protection
standard values established per Rule 2.1.08 (c)(3)(iii) (G) below,
then:
(1)
The landfill owner or operator must place in its operating
record, within fourteen (14) days of receiving analytical
results, a notice identifying the Appendix A and B
parameters that have statistically exceeded the groundwater
protection standard values, in any sampling event, and must
notify the Director and the local government officials that
the notice has been placed in its operating record.
(2)
The landfill owner or operator must characterize the nature
and extent of the release by installing additional monitoring
wells as necessary and, at minimum, must install at least one
monitoring well at the facility boundary in the direction of
contaminant migration and must perform assessment
monitoring at this well.
(3)
The landfill owner or operator must notify all persons who
own the land or reside on the land that directly overlies any
part of the plume of contamination, if contaminants have
migrated off-site as indicated by sampling of wells.
(4)
The landfill owner or operator must initiate an assessment
of corrective action within 90 days (per Appendix C) or
29
may, at his option, demonstrate that a source other than his
landfill caused the contamination or demonstrate that the
indicated contamination resulted from error in sampling,
analysis, statistical evaluation, or natural variation in
groundwater
quality.
A
report
documenting
this
demonstration must be certified by a qualified groundwater
scientist or must be approved by the Director and the report
shall be placed in the landfill's operating record. If this
successful demonstration is made, then:
(a)
The landfill owner or operator does not have to
initiate an assessment of corrective measures, but
must
continue
assessment
monitoring,
until
necessary conditions for returning to detection
monitoring are met, per Rule 2.1.08 (c)(3)(iii) (D).
(b)
The landfill owner or operator does not have to add
additional monitoring wells, per Rule 2.1.08
(c)(3)(iii) (F)(2), or notify the owner or occupants of
adjacent
property
of
off-site
migration
of
contaminants, per Rule 2.1.08 (c)(3)(iii) (F) (3).
(G)
For all landfill units, the groundwater protection standard value for
each Appendix A and B parameter shall be the following:
(1)
For parameters for which a maximum contaminant level
(MCL) has been promulgated under Section 1412 of the
Safe Drinking Water Act (codified) under 40 CFR Part 141,
the MCL for that parameter.
(2)
For parameters for which MCL's have not been
promulgated, either:
(i)
The background concentration for the parameter as
established from background (upgradient) well (s)
or
(ii)
An alternate groundwater protection standard,
established by the Director, based on appropriate
health risks which satisfy the following criteria:
(A)
The level is derived in a manner consistent
with Federal guidelines for assessing the
health risks of pollutants (51 FR 33992,
34006, 34014, 34028, Sept. 24, 1986), and
30
(B)
The level is based on scientifically valid
studies conducted in accordance with the
Toxic
Substances
Control
Act
Good
Laboratory Practice Standards (40 CFR Part
792) or equivalent; and
(C)
For carcinogens, the level represents a
concentration associated within an excess
lifetime cancer risk level (due to continuous
lifetime exposure) within the 1 x 10-4 to 1 x
10-6 range; and
(D)
For systemic toxicants (which include toxic
chemicals causing effects other than cancer
or
mutation)
the
level
represents
a
concentration
to
which
the
human
population (including sensitive sub-groups)
could be exposed to on a daily basis that is
likely to be without appreciable risk of
deleterious effects during a lifetime.
(iii)
In establishing alternate groundwater protection
standards, per (ii) above, the Director may consider:
(A)
Multiple contaminants in the groundwater
(B)
Exposure threats to sensitive environmental
receptors
(C)
Other site-specific exposure or potential
exposure to ground water.
(3)
For parameters for which the background level is higher
than the MCL, per Rule 2.1.08 (c)(3)(iii)(G)(1), or is higher
than health-based levels per Rule 2.1.08 (c)(3)(iii)(G)(2)(ii),
the background concentration shall be used.
(iv)
Reporting of data -- Unless more rapid reporting is required to address an
imminent environmental or public health concern, the owner or operator of
the facility must report all water quality monitoring results to the
Department on a quarterly basis. The report must include:
(A)
A table showing the sample collection date, the analytical results,
designation of upgradient wells and location number for each
environmental monitoring point sampled, applicable water quality
standards, trigger values, QA/QC notations, and method detection
limits (MDL).
31
(B)
In addition, tables or graphical representations comparing current
water quality and existing water quality and upgradient water
quality must be presented.
(C)
A summary of the contraventions of water quality standards, and
discussion of results, including elevations of parameters above
background concentrations based on statistical analyses; and any
proposed modifications to the sampling and analysis schedule
necessary to meet the requirements of subparagraphs (i) through
(iii) of this paragraph.
(D)
Any determination of contamination detected must be reported to
the Department within 48 hours of such determination.
(E)
All QA/QC documentation must be made available to the
Department upon request.
(F)
The annual report must contain a summary of the water quality
information presented, with special note of any changes in water
quality which have occurred throughout the year.
(4)
Contaminant trigger mechanisms -- In sensitive environments or in areas of
existing contamination, the Department may require the environmental monitoring
plan to specify contaminant levels which, when exceeded, will signal groundwater
contamination and commence assessment monitoring and possible remedial
actions.
2.1.09 Closure and Post - Closure Plans and Financial Assurance:
(a)
Pursuant to the requirements set forth in Rule 1.5.10, the operator or applicant
shall
submit a closure plan, including information on the following:
(1)
Fences, gates, and all other security measures to prevent unauthorized access to the
site
(2)
Groundwater and surface water monitoring devices and stations
(3)
Final grades
(4)
Legal boundaries
(5)
Final cover system, including a description of the methods and procedures to be
used to install the cover, and meeting the requirements of Rule 2.2.12:
(i)
Bedding layer
32
(ii)
Low permeability barrier layer
(iii)
Drainage layer
(iv)
Top soil and vegetative cover
(b)
Accompanying the plan in Rule 2.1.09(a), the operator or applicant shall also submit
information on the following:
(1)
Anticipated date of closure
(2)
Methods of restricting access and preventing additional waste disposal
(3)
Methods of protecting ground and surface water and controlling air emissions
(4)
Anticipated starting and completion date of installation of the final cover system,
including a schedule for completing each portion of the cover system.
(5)
Method of maintaining drainage control structures to prevent ponding and erosion
to the cover. The surface drainage system must be designed and constructed to
protect the cover from the peak discharge of a 24-hour 100-year frequency storm.
(6)
Method of maintaining soil cover integrity, slopes, cover vegetation and gas
venting structures during the post-closure monitoring and maintenance period.
(7)
Method of maintaining the leachate collection and disposal system. Leachate
treatment or disposal must be addressed for a minimum of 30 years or for as long as
leachate is capable of adversely impacting the environment.
(8)
An estimate of the largest area of the landfill ever requiring a final cover at any
time during the active life of the landfill.
(9)
An estimate of the maximum inventory of wastes ever on site over the active life of
the landfill.
(10)
Description of the operation and maintenance of a gas monitoring system, that
meets the requirements of 40 CFR 258.23 and Rule 2.3.08.
(c)
A post-closure monitoring and maintenance operations manual is required. This must
provide personnel with detailed instructions for assuring efficient monitoring, leachate
management which would include recording of the total volume of leachate stored and
removed from the facility, sampling and analysis, and proper maintenance of all facility
components to maintain the facility and meet the requirements of this rule for a minimum
period of 30 years after landfill closure. This manual must be submitted with the closure
plan developed in accordance with this rule. The manual must indicate the frequency for
33
monitoring and maintenance actions and the name, address, and telephone number of the
facility contact person during the post-closure period.
(d)
A financial estimate of the costs to properly close the facility. With respect to financial
assurance (Rule 1.5.10(b)(2)), the applicant must post financial assurance for the full
amount of the closure cost estimate as a pre-condition for the issuance of a solid waste
management facility license.
(e)
The landfill owner or operator shall notify the Director when a copy of the closure plan has
been placed in the landfill's operating records and for a new SWLF unit, this action must
occur prior to receiving waste at the facility.
(f)
Prior to beginning closure of each SWLF unit, the landfill owner or operator shall notify
the Director that a notice of intent to close the unit has been placed in the landfill's
operating record.
(g)
Planned uses (if any) of the property during the post closure period, subject to requirements
of Rule 2.3.04 (c)(6)(ii), shall be submitted to the Director. The owner or operator of an
existing SWLF unit shall notify the Department expediently that a post-closure plan has
been placed in the landfill's operating record. The owner or operator of a new SWLF unit
or of a lateral expansion of a SWLF unit shall notify the Department that this post-closure
plan has been placed in its operating record, prior to initial receipt of waste in the new or
lateral expansion unit.
(h)
Financial Assurance for Closure of a SWLF Unit:
(1)
The landfill owner or operator must have a detailed written estimate, in current
dollars of the cost of hiring a third party to close the largest area of the landfill ever
requiring a final cover at any time during the active life, in accordance with the
closure plan. The owner or operator must notify the Director that the estimate has
been placed in the landfill's operating record.
(2)
The closure cost estimate must equal the cost of closing the largest area of the
landfill ever requiring a final cover at any time during its active life when the extent
and manner of its operation would make closure the most expensive.
(3)
During the landfill's active life, the owner or operator must annually adjust the
closure cost estimate for inflation.
(4)
The owner or operator must increase the closure cost estimate and the amount of
financial assurance provided, if changes to the closure plan or landfill conditions
increase the maximum cost of closure at any time during the remaining active life.
(5)
The owner or operator may reduce the closure cost estimate and the amount of
financial assurance provided, if the cost estimate exceeds the maximum cost of
closure at any time during the remaining life of the landfill. The owner or operator
34
must notify the Director that the justification for the reduction in the closure cost
estimate and the amount of financial assurance has been placed in the landfill's
operating record.
(6)
The landfill owner or operator must establish financial assurance for closure of the
landfill, in compliance with Appendix D. The owner or operator must provide
continuous closure assurance until released from financial assurance requirements
by demonstrating compliance with Rules 2.3.04 (c)(5) and 2.3.04 (c)(6).
(i)
Financial Assurance for Post Closure of a SWLF Unit:
(1)
The landfill owner or operator must have a detailed written estimate, in current
dollars, of the cost of hiring a third party to conduct post-closure care of the landfill
in compliance with the post-closure requirements within Rules 2.1.09 (b) and
2.1.09 (c). The post-closure cost estimate used to demonstrate financial assurance
must account for the total costs of conducting post-closure care, including annual
and periodic costs incurred over the entire post-closure care period. The owner or
operator must notify the Director that this estimate has been placed in the landfill's
operating record.
(2)
The cost estimate for post-closure care must be based on the most expensive costs
of post-closure care during the post-closure care period.
(3)
During the active life of the landfill and during the post-closure care period, the
owner or operator must annually adjust the post-closure cost estimate for inflation.
(4)
The owner or operator must increase the post-closure cost estimate and the amount
of post-closure care financial assurance provided, if changes in the post-closure
plan or landfill conditions increase the cost of post-closure care.
(5)
The owner or operator may reduce the post-closure cost estimate and the amount of
post-closure care financial assurance provided, if the cost estimate exceeds the
maximum cost of post-closure care remaining over the post-closure care period.
The owner or operator must notify the Director that the justification for the
reduction of the post-closure cost estimate and the amount of financial assurance
has been placed in the operating record.
(6)
The owner or operator must establish financial assurance for post-closure care, in
compliance with Appendix D. The owner or operator must provide continuous
post-closure care assurance until released from financial assurance requirements by
demonstrating compliance with post-closure care requirements, per Rules 2.1.09
(b) and 2.1.09 (c).
2.1.10 Site Engineering: The following areas shall be marked with stakes at the site at the time of the
engineering survey. The stakes must be visible and must be maintained at all times.
35
(a)
Area enclosed by legal boundaries
(b)
Areas to be filled as indicated in operating plan
(c)
Areas to be used for leachate treatment, storage or disposal
(d)
Areas to be used for storing salvaged materials
(e)
Areas to be used for special waste as listed in Rule 2.3.06(d)
2.1.11 Conservation Easement
As a condition of issuance of a license for a solid waste management facility, the owner of the land
on which the facility is to be located shall grant to the State of Rhode Island and Providence
Plantations a perpetual conservation easement. The easement shall be recorded in the land
evidence records of the city (cities) or town (towns) in which the land is located and shall describe
the permitted facility and the activities to be conducted therein. Under the terms of the easement,
the Director or his duly authorized agents of the State of Rhode Island shall have a perpetual right
to enter upon such land at reasonable times for the purpose of inspecting the facility, or for the
purpose of conducting tests where the facility is or was located. Such easement shall include a
prohibition on any excavation or other disturbance or construction of the facility site without prior
written approval from the Director. The conservation easement shall also include the notation
required by Rule 2.3.15 below.
2.1.12 Landfill Gas Recovery Facilities
(a)
This section regulates the construction and operation of all landfill gas recovery facilities
that remove landfill gas from landfills subject to regulation under the provisions of this
Rule. Landfill gas recovery facilities must be constructed and operated in accordance with
all applicable requirements of all federal and state regulations.
(b)
An application for approval to construct and operate a landfill gas recovery facility must be
submitted in accordance with the following requirements.
(c)
Site Plans: Site plans including all of the information listed below for all areas within the
site shall be submitted. The site plans must be drawn to an appropriate scale adjusted to fit
on a standard size sheet. The required information includes:
(1)
Landfill property boundaries from which the landfill gas is to be removed
(2)
Location of the landfill gas recovery facility
(3)
Off-site and on-site utilities including sanitary sewer systems
(4)
Locations of existing and proposed gas venting structures, wells, piezometers,
environmental and landfill monitoring points
36
(5)
On-site buildings
(6)
Fences and gates
(7)
Roads and parking areas
(8)
Existing drainage culverts and on-site drainage structures
(9)
Landfill areas from which landfill gas is to be recovered
(10)
Site topography with five foot minimum contour intervals
(11)
North arrow
(12)
Location and grades of all landfill gas collection lines
(13)
Collection pipe inverts, clean-outs and valves
(14)
Extraction well locations
(d)
Construction and Engineering Plans: A complete set of construction and engineering plans
and specifications relating to all buildings and equipment of the facility must be submitted
to the Department.
(e)
Operating Plan: An operating plan shall be submitted including information on all of the
areas listed below:
(1)
A description of the operation of the facility and how the recovered landfill gas will
be used.
(2)
An estimate of the quantities of condensate to be generated and a description of
how the condensate will be disposed of
(3)
Operating hours
(4)
Personnel and duties
(5)
Communications equipment available
(6)
A description of the equipment machinery, operational controls, and processes to
be used during normal operation
(7)
A description of procedures to be followed during start up and planned and
unplanned shutdown of operations
37
(8)
A description of the safety features of the equipment, controls, and machinery
(9)
Site security methods
(f)
Contingency Plan: The contingency plan must discuss an organized and planned method
of responding to unexpected events during the construction and operation of the landfill gas
facility. The plan must address, at a minimum, actions to be taken with respect to:
(1)
Noise
(2)
Personal injury
(3)
Explosions
(4)
Fires
(5)
Detection of explosive landfill gases both on-site and off-site
(6)
Equipment to be used to maintain proper landfill gas venting and control when
normal operations cease
(g)
Closure Plan: Pursuant to the requirements set forth in Rule 1.5.10 above, the operator or
applicant shall submit a closure plan including information on the following:
(1)
Date of proposed closure
(2)
Methods of restricting access
(3)
Methods of protecting ground and surface water and controlling air emissions in
the vicinity of the facility
(4)
Methods to vent and control landfill gases after operation of the facility ceases
(5)
An estimate of the costs to properly close the facility
(6)
Intended future use of the facility, following closure (immediate and long term use)
2.2.00 SOLID WASTE LANDFILL CONSTRUCTION STANDARDS
2.2.01 General
Construction of sanitary landfill facilities shall meet all regulations set forth in this rule and shall
also comply with all applicable Federal rules, laws, regulations or other Federal Requirements.
2.2.02 Horizontal and Vertical Control
38
(a)
One permanent survey benchmark of known elevation measured from the National
Geodetic Vertical Datum of 1929 must be established and maintained for each 25 acres of
developed landfill, or part thereof, at the site. This benchmark must be the reference point
for establishing vertical elevation control.
(b)
North American Datum of 1983 Coordinates must be established. Horizontal control must
be established and one of its points must be the benchmark of known NAD 1983
Coordinates.
2.2.03 Liner System
The minimum liner requirements for all landfills accepting solid waste must consist of the
following:
(a)
On all bottom areas where the landfill slope is less than or equal to 25 percent, the liner
system must consist of a double composite liner separated by a secondary leachate
collection and removal system.
(b)
On all side slope areas where the landfill slope is greater than 25 percent, the liner system
need only consist of an upper geomembrane liner and a secondary (lower) composite liner
separated by a secondary leachate collection and removal system.
(c)
A composite liner must consist of two components; an upper geomembrane liner placed
directly above a low permeability soil layer meeting the requirements specified in Rule
2.2.07 and 2.2.06 respectively. Each composite liner is considered a single liner.
(d)
The double composite liner system must include a primary leachate collection and removal
system consisting of a 24-inch granular soil layer with a leachate collection pipe network.
The primary leachate collection and removal system lies above the primary (upper)
composite liner. The primary composite liner consists of a geomembrane that directly
overlays an 18 inch low permeability soil layer. The primary composite liner lies above the
secondary leachate collection and removal system. The secondary leachate collection and
removal system consists of either a leachate collection pipe network with a 12 inch
granular soil layer, or an effective layer of geosynthetic material. The secondary leachate
collection and removal system lies above the secondary (lower) composite liner, which
consists of a geomembrane that directly overlays a 24 inch low permeability soil layer.
(e)
The Department shall not allow any variance from the requirement to include a secondary
(lower) composite liner, as part of the liner system.
2.2.04 Leachate Collection and Removal System
The leachate collection and removal system must be designed to effectively remove leachate from
the landfill. A means of assessing leachate flows in both the primary and secondary leachate
collection and removal system must be detailed on plans and discussed in the engineering report.
39
The primary and secondary leachate collection and removal systems must conform to the following
requirements:
(a)
A primary leachate collection and removal system, located over the upper composite liner,
must be hydraulically designed to remove leachate from the landfill and ensure that the
leachate head over the primary composite liner does not exceed one foot at expected flow
capacity, except during storm events. This collection and removal system must be
designed and constructed, at a minimum, in accordance with the requirements of Rules
2.2.08 and 2.2.09.
(b)
A secondary leachate collection and removal system must be located between the upper
and lower liner systems to effectively collect and rapidly remove leachate from the lower
liner system. This collection system must be designed and constructed, at a minimum, in
accordance with the requirements of Rules 2.2.08, 2.2.09, and 2.2.10.
(c)
The primary and secondary leachate collection and removal systems must be designed and
built to allow for representative sampling of leachate, and to operate without clogging
during the effective site life and post-closure maintenance period. All pipes located in the
primary leachate collection and removal system must be designed to allow for accessibility
of equipment for routine cleaning and maintenance. All leachate conveyance lines outside
the double composite liner system of the landfill must be designed to have double
containment, and must be constructed to provide for leak detection and collection. Double
containment and leak detection provisions shall be maintained along the entire length of
conveyance line(s) handling only leachate or other liquid wastes associated with the design
of the landfill.
2.2.05 Landfill Subgrade
The landfill subgrade is the uppermost in-situ soil layer or select fill that must be graded and
prepared for landfill construction. A foundation analysis must be performed to determine the
structural integrity of the subgrade to support the loads and stresses imposed by the weight of the
landfill and to support overlying facility components. For lateral expansions adjacent to existing
landfills, the Department may approve encroachment upon the existing landfill's side slope if a
leachate barrier system is designed and constructed to minimize leachate migration into the
existing landfill.
(a)
Materials Required: The landfill subgrade must be free of organic material and consist of
on-site soils, or any select fill if approved by the Department.
(b)
Construction Requirements: The landfill subgrade must be graded in accordance with the
requirements of the approved engineering plans, report, and specifications. The material
must be sufficiently dry and structurally sound to ensure that the first lift and all succeeding
lifts of soil placed over the landfill subgrade can be adequately compacted to the design
requirements.
40
(c)
Certification Requirements: At a minimum, the subgrade surface must be inspected in
accordance with the following requirements:
(1)
Before placing any material over the subgrade, the project engineer must visually
inspect the exposed surface to evaluate the suitability of the subgrade and ensure
that the surface is properly compacted, smooth, and uniform, and that elevations are
consistent with the Department approved plans.
(2)
The subgrade must be proof-rolled using procedures and equipment acceptable to
the Department.
(3)
The subgrade must be tested for density and moisture content at a minimum
frequency of five tests per acre.
2.2.06 Soil Component of the Liner System
The soil component of the liner system must be a continuous layer of low permeability soil
constructed to control fluid migration.
(a)
Materials Required
(1)
Primary composite liner: The soil component of the primary composite liner must
be a minimum compacted thickness of 18 inches. The top six inches directly below
and in contact with the upper geomembrane liner must have a maximum remolded
coefficient of permeability of 1 x 10-7 centimeters per second. The lower 12 inches
of soil must be compacted to achieve a maximum remolded coefficient of
permeability of 1 x 10-5 centimeters per second and be placed without damaging
any geosynthetic or secondary leachate collection and removal system components
below the primary composite liner. The soil material must be free of particles
greater than three inches in any dimension.
(2)
Secondary composite liner: The soil component of the secondary composite liner
must be at least 24 inches in compacted thickness, and must have a maximum
remolded coefficient of permeability of 1 x 10-7 centimeters per second throughout
its thickness. The soil material must be free of particles greater than three inches in
any dimension.
(b)
Construction Requirements: The project engineer must ensure that the soil component of
the liner system installation conforms with the following minimum requirements:
(1)
The soil component of the liner system must be placed on a slope of no less than
two percent to promote positive drainage across the liner surface and at a maximum
slope not greater than 33 percent to minimize erosion and facilitate construction.
(2)
Compaction must be performed by properly controlling the moisture content, lift
thickness, and other necessary details to obtain satisfactory results. The maximum
41
final compacted thickness of each lift of soil material must be six inches. When
placing the first lift of the soil component of the liner system, the thickness may be
increased to ensure adequate compaction and attain the desired permeability
depending upon the type and size of compaction equipment used and whether or
not the liner and subgrade are of dissimilar materials. Any succeeding lifts of the
soil component of the lining system may be reduced in thickness, depending upon
the compaction equipment used.
(3)
The moisture content of the soil component of the liner system must be maintained
within the range identified in accordance with Rule 2.2.06(c) before and during
compaction of the soil lift to ensure that the remolded lift attains a maximum in-situ
permeability as required. The density after compaction must be within the range
identified in accordance with Rule 2.2.06(c) to ensure that the remolded lift attains
a maximum in-situ permeability, as required.
(c)
Certification Requirements: The project engineer must include in the construction
certification report a discussion of all quality assurance and quality control testing required
in this paragraph. The testing procedures and protocols must be submitted in accordance
with Rule 2.1.06 and approved by the Department. The results of all testing must be
included in the construction certification report including documentation of any failed test
results, descriptions of the procedures used to correct the improperly installed material, and
statements of all retesting performed in accordance with the following requirements:
(1)
The project engineer must certify the quality control testing of any soil liner
materials to ensure that the specified material meets the permeability requirements
of Rule 2.2.06(a) and the approved engineering plans, reports, and specifications.
Before and during construction of the soil component of the liner system, the
following information must be approved by the project engineer: one analysis of
soil particle size for every 2,500 cubic yards of soil liner materials placed; one
Atterberg limits analysis of plastic and liquid limit and plasticity index for every
1,500 cubic yards of soil liner material placed; one laboratory permeability test
using a triaxial cell with back pressure for every 5,000 cubic yards of material
placed; one moisture content test for every 1,000 cubic yards of material placed;
and a minimum of one comparison of the moisture-density-permeability relation for
every 5,000 cubic yards of material placed, and one comparison each time soil
material changes are noted.
(2)
Quality assurance testing included in this Rule must be compared to and evaluated
against the quality control testing of Rule 2.2.06(c)(1), where applicable. Quality
assurance testing must include: at least five density tests must be performed per
acre per lift of soil material placed; a minimum of five moisture content tests per
acre per lift of soil material placed; and one shelby tube sample for laboratory
permeability testing must be taken per acre per lift. Any tests resulting in
penetration of the soil liner must be repaired using bentonite or other means
acceptable to the Department.
42
2.2.07 Geomembrane Liners
Geomembrane liners are low permeability geosynthetics having a maximum coefficient of
permeability of 1 x 10-12 centimeters per second, and are used to control fluid migration from
landfills.
(a)
Materials Required: The geomembrane liner material must have a demonstrated hydraulic
conductivity less than 1 x 10-12 centimeters per second, and chemical and physical
resistance not adversely affected by waste placement or generated leachate.
Documentation must be submitted to ensure chemical compatibility of the geomembrane
liner material chosen or, in absence of the appropriate documentation, chemical
compatibility testing must be performed using a test method acceptable to the Department.
(b)
Construction Requirements: Geomembranes must be installed in accordance with the
requirements of the approved engineering plans, reports and specifications, and
manufacturer's recommendations. The project engineer must ensure that the geomembrane
installation, at a minimum, must conform with the following:
(1)
The geomembrane must have a minimum thickness of 45 mils in the primary
composite liner and 36 mils in the secondary composite liner. Geomembranes
consisting of high density polyethylene (HDPE) shall be at least 80 mils thick in the
primary composite liner and 60 mils thick in the secondary composite liner.
(2)
All geosynthetic materials must be installed on a subgrade that has a minimum two
percent slope to promote positive drainage.
(3)
Any geosynthetic materials installed on slopes greater than 25 percent must be
designed to withstand the calculated tensile forces acting upon the geosynthetic
materials. The design must consider the maximum friction angle of the
geosynthetic with regard to any soil-geosynthetic or geosynthetic-geosynthetic
interface, and must ensure that overall slope stability is maintained.
(4)
The surface of the supporting soil below which the geosynthetic material will be
installed must be reasonably free of stones, organic matter, irregularities,
protrusions, loose soil, and any abrupt changes in grade that could damage the
geosynthetic. The supporting soil must conform to the requirements of Rule 2.2.05.
(5)
The anchor trench must be excavated to the length and width prescribed on the
approved design drawings.
(6)
Field seams should be oriented parallel to the line of maximum slope, i.e., oriented
along, not across the slope. In corners and irregularly-shaped locations, the number
of field seams should be minimized. No horizontal seam should be less than five
feet from the toe of slope toward the upslope direction of the landfill.
43
(7)
The materials must be seamed using an appropriate method acceptable to the
Department. Seam testing must be in accordance with the requirements of Rule
2.2.07(c).
(8)
The seam area must be free of moisture, dust, dirt, debris, and foreign material of
any kind before seaming.
(9)
Field seaming is prohibited when ambient air temperatures, precipitation and wind
conditions prevent construction of the liner seams in accordance with all quality
assurance and quality control requirements.
(10)
The field crew foreman of the liner installer must have a documented minimum
qualification of successful installation experience of at least 50 acres of previous
landfill or comparable geosynthetic systems on a minimum of five different
projects.
(c)
Certification Requirements: The project engineer must include in the construction
certification report a discussion of the approved data resulting from the quality assurance
and quality control testing required in this paragraph. The results of all testing must be
included in the construction certification report including documentation of any failed test
results, descriptions of the procedures used to correct the failed material, and statements of
all retesting performed.
(1)
The project engineer must certify the quality control testing of any geosynthetic
materials ensuring that the material and workmanship meet the requirements of the
approved engineering plans, reports, and specifications. Before installing any
geosynthetic material, the following information must be available to the project
engineer for approval:
(i)
Origin and identification of the raw materials used to manufacture the
geosynthetic material;
(ii)
copies of quality control certificates issued by the producer of the raw
materials used to manufacture the geosynthetic material; and
(iii)
reports of tests conducted to verify the quality of raw materials used to
manufacture the geosynthetics. Tests for specific gravity, melt flow index,
and percent carbon black must be performed using a method acceptable to
the Department.
(2)
The project engineer must verify through appropriate documentation that the
quality control testing of any geosynthetic rolls fabricated into blankets at the
factory took place in accordance with the following requirements:
(i)
The geomembrane was continuously inspected for uniformity, damage,
imperfections, holes, cracks, thin spots, and foreign materials.
44
Additionally, the geomembrane liner must be inspected for tears, punctures,
and blisters. Any imperfections must be immediately repaired and
reinspected.
(ii)
Non-destructive seam testing was performed on all fabricated seams over
their full length using a test method acceptable to the Department.
(iii)
Destructive seam testing was performed on a minimum of two samples per
blanket. The samples must be taken from extra material at the beginning or
end of blanket seams such that the blanket is not damaged and the blanket
geometry is not altered. The size of the sample taken must be large enough
to perform the required testing. An independent laboratory acceptable to
the Department must have performed the required testing on the samples
taken. If a sample fails a destructive test, the entire seam length must be
reconstructed or repaired using a method acceptable to the Department and
retested using non-destructive seam testing over their full length using a
method acceptable to the Department.
(3)
Quality assurance testing performed in the field under the supervision of the project
engineer must assure conformity of the geosynthetic installation with the
engineering plans, reports, and specifications submitted in accordance with the
following requirements:
(i)
During the construction phase, the geosynthetic must be inspected for
uniformity, damage, and imperfections. The liner must be inspected for
tears, punctures, or blisters. Any imperfections must be immediately
repaired and reinspected.
(ii)
All field seams must be non-destructively tested in accordance with the
procedures listed in this clause using a test method acceptable to the
Department. The project engineer must:
(A)
Supervise all non-destructive testing;
(B)
record the location, date, test unit number, name of tester, and
results of all testing;
(C)
inform the installer of any required repairs; and
(D)
overlay all seams which cannot be non-destructively tested with the
same geomembrane. The seaming and patching operation must be
inspected by the project engineer for uniformity and completeness.
(iii)
Destructive testing must be performed on the geomembrane liner seam
sections in accordance with the requirements listed in this rule and using
test methods acceptable to the Department.
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(A)
Seam samples for testing must be taken as follows: a minimum of
one test per every 500 feet of seam length unless a more frequent
testing protocol is agreed upon by the installer and project engineer;
additional test locations may be determined during seaming at the
project engineer's discretion; all test locations must be appropriately
documented.
(B)
The project engineer must approve the sample size to be taken. The
sample size must be predetermined as being large enough to
perform the required testing.
(C)
An independent laboratory acceptable to the Department must
perform the required testing, which must include, at a minimum,
testing for seam strength and peel adhesion using testing procedures
acceptable to the Department.
(D)
If a sample fails destructive testing the project engineer must ensure
that: the seam is reconstructed between the location of the sample
which failed and the location of the next acceptable sample; or the
welding path is retraced to an intermediate location at least ten feet
from the location of the sample which failed the test, and a second
sample is taken for an additional field test. If this second test
sample passes, the seam must be then reconstructed between the
location of the second test and the original sampled location. If the
second sample fails, this process must be repeated.
(E)
All acceptable seams must lie between two locations where samples
passed the test procedures found in Rule 2.2.07(c)(3)(iii)(D) of this
section, and include one test location along the reconstructed seam.
(F)
Non-destructive testing of the geomembrane liner must be
performed in accordance with Rule 2.2.07(c)(3)(ii).
2.2.08 Soil Drainage Layers
All soil material used in the primary and secondary leachate collection and removal systems of the
landfill must conform to the following requirements:
(a)
Materials Required: Soil materials used to construct a drainage layer must be designed to
ensure that the hydraulic leachate head on the primary liner system does not exceed one
foot at the expected flow capacity from the drainage area, except during storm events. The
soil drainage layer must be free of any organic material and have less than five percent of
the material by weight pass the No. 200 sieve. Soil material testing must be performed in
accordance with Rule 2.2.08(c).
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(b)
Construction Requirements: The soil drainage layer must be constructed and graded in
accordance with the requirements of the approved engineering plans, reports, and
specifications along with the following requirements:
(1)
The minimum thickness of the soil drainage layer in the primary leachate collection
and removal system must be 24 inches and provide adequate protection to all liner
materials and piping placed within the primary leachate collection system, and have
a minimum coefficient of permeability of 1 x 10-2 centimeters per second.
(2)
The minimum thickness of the secondary leachate collection and removal system
layer must be 12 inches and have a minimum coefficient of permeability of 1 x 10-1
centimeters per second.
(3)
The soil drainage layer must be designed and placed on a minimum slope of two
percent to promote efficient positive drainage to the nearest leachate collection pipe
and prevent ponding above the liner.
(c)
Certification Requirements: The project engineer must include in the construction
certification report the results of an analysis of the approved data resulting from quality
assurance and quality control testing required in this paragraph. The results of all testing
must be included in the construction certification report including any failed test results,
descriptions of the procedures used to correct the failed material, and any retesting
performed.
(1)
The project engineer must certify the quality control testing of any soil drainage
materials, and ensure that the material meets the requirements of paragraph (a) of
this section and the approved engineering plans, reports, and specifications. A
particle size analysis of the soil drainage layer material must be submitted to the
project engineer for approval before installation of the soil drainage layer and
during installation at a frequency of at least one test for every 1,500 cubic yards of
material placed.
(2)
Quality assurance testing performed by the project engineer must ensure that the
material is placed in accordance with the requirements of the engineering plans,
reports, and specifications.
2.2.09 Leachate Collection Pipes
Leachate collection pipes that are located in any soil or geosynthetic drainage layer must be
hydraulically designed to remove leachate from the landfill, provide conveyance to an
appropriately designed and sized storage or treatment facility, and must comply with the following:
(a)
Materials Required: The leachate collection pipe must have a minimum diameter of four
inches and meet the following:
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(1)
The physical and chemical properties must not be adversely affected by waste
placement or leachate generated by the landfill. Documentation must be submitted
which demonstrates the chemical compatibility of the leachate collection pipe
material or, in absence of the appropriate documentation, chemical compatibility
testing must be performed using a method acceptable to the Department.
(2)
Piping must have adequate structural strength to support the maximum static and
dynamic loads and stresses that will be imposed by the overlying material,
including the drainage layer, liners, waste material, and any equipment used in
constructing and operation of the landfill. Specifications for the proposed leachate
collection pipe network must be submitted in the engineering report.
(b)
Construction Requirement: Leachate collection pipes must be installed in accordance with
the requirements of the approved engineering plans, reports, and specifications. The
leachate collection pipe size, spacing and slope of at least 1 percent must be designed to
ensure that the leachate head on the primary liner does not exceed 1 foot at the expected
flows from the drainage area, except during storm events.
(c)
Certification Requirements: The project engineer must include in the construction
certification report a discussion of all quality assurance and quality control testing to ensure
that the material is placed in accordance with requirements of the approved engineering
plans, reports, and specifications. The testing procedures and protocols must be acceptable
to the Department and submitted in accordance with Rule 2.1.06. The results of all testing
must be included in the construction certification report, including documentation of any
failed test results, a description of the procedures used to correct the failed material, and
any retesting performed.
2.2.10 Geosynthetic Drainage Layers
Any geosynthetic drainage layers used in the secondary leachate collection and removal system of
a landfill must be designed and constructed to have an equivalent hydraulic transmissivity to that of
a one foot sand layer with a minimum coefficient of permeability of 1 x 10-1 centimeters per
second, and must comply with the following:
(a)
Materials Required: The hydraulic conductivity, transmissivity, and chemical and physical
resistance of the geosynthetic material must not be adversely affected by waste placement
or leachate generated by the landfill. Documentation must be submitted which
demonstrates the chemical compatibility of the geosynthetic drainage layer material and the
waste to be deposited, or chemical compatibility testing must be performed using a method
acceptable to the Department. Documentation must also be submitted to ensure effective
liquid removal throughout the active life of the facility, and that the maximum compressive
load of the materials to be placed above the geosynthetic drainage layer does not impede
transmissivity during the post-closure period.
(b)
Construction Requirements: The project engineer must ensure that the geosynthetic
drainage layers are installed in accordance with the requirements of the approved
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engineering plans, reports, and specifications, and conform with the following
requirements:
(1)
The geosynthetic drainage layer must be designed and constructed to effectively
remove leachate from the landfill's secondary leachate collection and removal
system.
(2)
The geosynthetic drainage layer must be installed in accordance with the procedure
set forth in Rule 2.2.07 (b)(2), (3), (4), (5), (6), and (10) of this section.
(c)
Certification Requirements: The project engineer must include in the construction
certification report a summary of all quality assurance and quality control testing required
in this paragraph. The testing procedures and protocols must be acceptable to the
Department and submitted in accordance with Rule 2.1.06. The results of all testing must
be included in the construction certification report, including documentation of any failed
test results, a description of the procedures used to correct the failed material, and any
testing performed.
(1)
The project engineer must certify the quality control testing according to the
requirements of Rule 2.2.07(c)(1) for any geosynthetic drainage materials. The
project engineer must also certify that a hydraulic transmissivity test was performed
on the geosynthetic drainage material at the maximum design compressive load on
the materials to be used in the geosynthetic drainage layers. The test method must
consider the physical properties of all the materials above and below the
geosynthetic drainage material being tested.
(2)
Quality assurance testing as performed by the project engineer must adequately
demonstrate that the material is placed in accordance with the requirements of the
engineering plans, reports, and specifications.
2.2.11 Filter Layer Criteria
The filter layer must be designed to prevent the migration of the fine soil particles into a coarser
grained material, and allow water or gases to freely enter a drainage medium (pipe or drainage
blanket) without clogging.
(a)
For graded cohesionless soil filters -- The granular soil material used as a filter must have
not more than five percent by weight passing the No. 200 sieve and no soil particles larger
than three inches in any dimension.
(b)
Geosynthetic Filters: Geotextiles filter material must demonstrate that the hydraulic
conductivity, and chemical and physical resistance, is not adversely affected by waste
placement, any overlying material or leachate generated at the landfill. Geotextile filter
openings must be sized in accordance with the following criteria which takes into
consideration the soil found in layers located adjacent to the geotextile filter:
49
O95 of the geotextile
<2 and
d85 of this soil
O95 of the geotextile
>2
d15 of this soil
The d85 is the soil particle size at which 85 percent of the particles are finer, and the d15 is
the soil particle size at which 15 percent of the particles are finer. The O95 is the apparent
opening size of the geotextile at which 95 percent of the soil particles will pass. An
apparent opening size test acceptable to the Department must be performed to demonstrate
compliance with this criteria.
(c)
Construction Requirements: Both the soil filters and geotextiles filters must be installed in
accordance with the approved engineering plans, reports, and specifications.
(d)
Certification Requirements: The project engineer must include in the construction
certification report the results of all the required quality assurance and quality control
testing performed. The testing procedures and protocols must be acceptable to the
Department and submitted in accordance with Rule 2.1.06.
2.2.12 Final Cover System
The final cover must be designed to minimize infiltration of precipitation into the landfill after
closure. It must operate with minimum maintenance and promote drainage from its surface while
minimizing erosion. It must also be designed so that settling and subsidence are accommodated to
minimize the potential for disruption of continuity and function of the final cover.
(a)
Bedding Layer Criteria: A bedding layer must be located directly below the barrier layer
of the final cover system and above the compacted waste layer.
(1)
Materials required: The bedding layer for the final cover system must be free of
organic material and consist of on-site soils or any select fill if approved by the
Department. The bedding material must be free of particles greater than three
inches in any dimension.
(2)
Construction requirements: The bedding layer must be constructed and graded in
accordance with the requirements of the approved engineering plans, reports, and
specifications. The minimum thickness of the bedding layer must be six inches.
(3)
Certification requirements: The project engineer must include in the construction
certification report the results of all the required quality assurance and quality
control testing performed. The testing procedures and protocols must be acceptable
to the Department, and submitted in accordance with Rule 2.1.06.
(b)
Low Permeability Covers:
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(1)
Low permeability barrier soil covers: A low permeability barrier soil cover is a
layer of low permeability soil constructed to minimize precipitation migration into
the landfill.
(i)
Materials required: A low permeability barrier soil cover must consist of
materials having the same characteristics as those found in Rule
2.2.06(a)(2).
(ii)
Construction requirements: Low permeability barrier soil covers must be
constructed in accordance with the requirements of Rule 2.2.06(b). The
low permeability barrier soil cover must be placed on a slope of no less than
five percent to promote positive drainage and at a maximum slope of 33
percent to minimize erosion.
(iii)
Certification requirements: Certification for the installation of barrier soil
covers must be conducted in accordance with the requirements in Rule
2.1.06.
(2)
Geomembrane covers: A geomembrane may be used as an alternative to the low
permeability barrier soil cover as a final cover and must be constructed to preclude
precipitation migration into the landfill.
(i)
Materials required: The geomembrane material used in a final cover
system must have a maximum coefficient of permeability of 1 x 10-12
centimeters per second, chemical, and physical resistance to materials it
may come in contact with, and accommodate the expected forces and
stresses caused by settlement of waste.
(ii)
Construction requirements: Geomembrane covers must be constructed in
accordance with the same requirements as those found in Rule 2.2.07 with
the following exceptions:
(A)
The geomembrane must have a minimum thickness of 36 mils.
Geomembrane consisting of high density polyethylene (HDPE)
shall be at least 60 mils thick.
(B)
The geomembrane must be placed on a five percent minimum slope
to promote gravity drainage and a 33 percent maximum slope to
ensure stability of the capping system.
(iii)
Certification requirements: Certification for the installation of a
geomembrane cover must be conducted in accordance with the same
conditions found in Rule 2.2.07(c).
(c)
Drainage Layer Criteria: All soil material used in the drainage layer of the final cover
system must conform to the following requirements.
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(1)
Materials required: Soil materials used to construct the drainage layer must be free
of any organic material and have less than five percent of the material by weight
pass the No. 200 sieve. Soil material testing must be performed in accordance with
Rule 2.2.08(c).
(2)
Construction requirements: The soil drainage layer must be constructed and graded
in accordance with the requirements of the approved engineering plans, report and
specifications, along with the following requirements:
(i)
The minimum thickness must be 12 inches and have a minimum coefficient
of permeability of 1 x 10-3 centimeters per second.
(ii)
The soil drainage layer must have a final bottom slope of at least five
percent to allow for settling and subsidence.
(iii)
To prevent clogging, the soil drainage layer must be overlain by a graded
granular or synthetic fabric filter that meets the specifications of Rule
2.2.11(a), (b), (c), and (d).
(iv)
The soil drainage layer must be designed so that discharge flows freely in
the lateral direction to minimize head on and flow through the low
permeability layer.
(3)
Certification requirements: The drainage soil layer must be certified in accordance
with the same conditions found in Rule 2.2.08(c)(1) and (2).
(d)
Vegetated Top Cover: A vegetated top cover must be designed and constructed to
maintain vegetative growth over the landfill.
(1)
Materials required: The vegetated layer must be suitable to maintain vegetative
growth.
(2)
Construction requirements: The vegetated top cover must be constructed and
graded in accordance with the following requirements:
(i)
The vegetated top cover must be at least 12 inches thick.
(ii)
It must support vegetation that will effectively minimize erosion without
need for contingency application of fertilizers, irrigation, or other non-
applied materials to ensure viability and persistence. (Fertilizers, water and
other materials may be applied during the closure or post-closure period, if
necessary, to establish vegetation or to repair damage).
52
(iii)
The vegetated top cover must be planted with persistent species that will
effectively minimize erosion, and that do not have a root system that will
penetrate beyond the vegetative and drainage layer.
(iv)
The final top slope must be, at a minimum, between three and five percent
after allowing for settling and subsidence, and at a maximum slope of 33
percent. For slopes exceeding five percent, the maximum erosion rate
should not exceed 2.0 tons/acre per year using the USDA Universal Soil
Loss Equation (USLE).
(v)
The vegetated top cover must have a surface drainage system capable of
conducting run-off across the cap without forming erosion rifts and gullies.
2.2.13 Construction Certification Report
A construction certification report must be submitted to the Department within 45 days after the
completion of landfill construction. This report must include, at a minimum, the information
prepared in accordance with the application requirements of Rule 2.1.06 containing results of all
quality assurance and quality control testing required in this section, including documentation of
any failed test results, descriptions of procedures used to correct the improperly installed material,
and statements of all retesting performed. In addition, the construction certification report must
contain as-built drawings noting any deviation from the approved engineering plans and must also
contain a comprehensive analysis including, but not limited to, daily reports from the project
engineer and a series of color photographs of major project features. The Department will review
the submitted material for approval within 30 days after receipt.
2.2.14 Equivalent Design: The applicant may propose an equivalent design to the individual components
of the primary composite liner required in Rule 2.2.03(d) by the submission in the application of
documentation substantiating the alternative component's ability to perform in the same manner as
the component specified in this section.
2.3.00 SOLID WASTE LANDFILL OPERATING STANDARDS
2.3.01 General: Sanitary landfill facilities shall meet all regulations set forth in this rule in addition to the
General Operating Standards in Rule 1.7.00 and shall also comply with all applicable Federal rules,
laws, regulations or other Federal requirements.
2.3.02 Working Face: The width of the working face shall be kept as narrow as is consistent with the
proper operation of trucks and equipment in order that the area of waste material exposed during
the operating day is minimal. No working face shall exceed one hundred fifty (150) feet in width
when measured across the operating surface of the fill. Except where separate areas are designated
on the engineering design for specific wastes, no more than one working face shall be in use at any
one time.
53
2.3.03 Lift Height: No lift shall exceed twelve (12) feet in height unless otherwise specified on the
approved engineering design for the site.
2.3.04 Cover Material:
(a)
Initial Cover: All top surfaces and faces of the working lift shall be covered with six inches
of cover material at least at the end of each working day, or at more frequent intervals if
necessary, to control disease vectors, fires, odors, blowing litter and scavenging. The cover
material shall be earthen material, except that alternate materials of a thickness other than
six inches, may be approved by the Director, if the SWLF owner or operator demonstrates
that the alternate material and thickness control disease vectors, fires, odors, blowing litter,
and scavenging without presenting a threat to human health and the environment.
(b)
Intermediate Cover: When an additional lift is not to commence within six (6) months, an
additional six inch layer of cover material shall be applied over the six (6) inch initial cover
layer within one week after the disposal of refuse to all top surfaces and faces.
(c)
Final Cover:
(1)
When no additional lift is to be added for one year, a total thickness of twenty-four
(24) inches of cover material shall be maintained on all surfaces and faces.
(2)
When the landfill operation is terminated in an area, the area must be closed in
accordance with the approved closure plans and must meet the requirements of
Rule 2.2.12.
(3)
The landfill owner or operator must begin closure within thirty (30) days of the
final receipt of waste or within one year of the most recent receipt of waste, if there
is remaining landfill capacity and there is reasonable likelihood that the landfill will
receive additional waste. A request by the landfill owner or operator for extension
beyond the one year deadline for beginning closure may be approved by the
Director, if the owner or operator demonstrates that the landfill has capacity to
receive additional waste and the owner or operator has taken and will continue to
take all steps necessary to prevent threats to human health and the environment
from the unclosed landfill.
(4)
The landfill owners or operators must complete closure activities of each SWLF
unit, in accordance with the closure plan, within one-hundred, eighty (180) days of
the beginning of closure of the unit. A request by the landfill owner or operator for
an extension beyond the 180 day deadline may be approved by the Director, if the
owner or operator demonstrates that closure will, of necessity, take longer than 180
days and the owner or operator has taken and will continue to take all steps to
prevent threats to human health and the environment from the unclosed SWLF unit.
(5)
Following closure of a SWLF unit, the owner or operator shall notify the Director
that closure has been completed in accordance with the operating plan and that the
54
notice of this closure has been placed in the landfill's operating record. This notice
shall include a certification, signed by an independent registered professional
engineer or approved by the Director, verifying that closure has been completed in
accordance with the closure plan.
(6)
Following closure of a SWLF unit, the owner or operator shall record a notation on
the deed to the landfill facility property, (or on some other instrument that is
normally examined during title search) and notify the Director of this notation
action, and that a copy of this notated document has been placed in the landfill's
operating record. The notation on the instrument must in perpetuity notify any
potential purchaser of the property that:
(i)
The land has been used as a landfill facility.
(ii)
The land's future use is restricted; any future use shall not disturb the
integrity of the final cover, liner(s) or any other components of the
containment system or the functioning of the monitoring systems, except if
the proposed disturbance is approved by the Director and if the owner or
operator demonstrates that such disturbance will not increase the potential
threat to human health or the environment.
(d)
Cover Material Supply: A four (4) day supply of cover material shall be stored upon the
landfill property at all times. This supply should be calculated on the basis of one part
cover material to four parts of compacted waste (1,000 lbs/yd3).
(e)
Maintenance of Cover Material: All applications of cover material shall be maintained by
the operator in conformance with the requirements of this section.
(f)
Permeability of Cover Material: The Director may specify the permeability of cover
material used on a site specific basis. The Director may also require the use of an
impermeable cover to mitigate water pollution or for other purposes described in these
rules.
(g)
Vegetation: The operator shall plant and maintain vegetative growth on all completed
areas.
2.3.05 Water Pollution
(a)
General:
(1)
No sanitary landfill shall be operated so as to cause or to be likely to cause
pollution of the ground waters or surface waters of the State at or beyond the
boundary of the licensed area of the sanitary landfill.
For purposes of these rules, groundwater monitoring well results taken pursuant to
Rule 2.1.08 and Rule 2.3.11 shall be deemed to be indicative of results of ground
55
water beyond the property line of the sanitary landfill, in the absence of actual
groundwater results at or beyond such property line.
(2)
In determining whether said operation of a sanitary landfill is causing or is likely to
cause pollution of the ground waters or the surface waters of the State, the Director
may consider the following factors:
(i)
Groundwater monitoring results from the licensed area of the sanitary
landfill show significant statistical increases in excess of any one or more of
the parameters as delineated in Appendix A.
(ii)
Groundwater monitoring results from the facility show detection of one or
more of the parameters as delineated in Appendix B.
(iii)
Topography, hydrology and geology of the area encompassing the sanitary
landfill indicates a likelihood of contamination of a surface water body or
groundwater.
(iv)
Groundwater leaving the licensed area is likely to impact private or public
drinking wells down gradient from the facility.
(v)
Groundwater leaving the licensed area is likely to impact groundwater used
for commercial or industrial processes down gradient from the facility.
(vi)
Facility violates a groundwater standard.
(vii)
An actual or potential discharge into any surface water.
(3)
In the event that the Director finds that the operation of a sanitary landfill is causing
or is likely to cause pollution of the groundwaters or the surface waters of the State,
the Director may evaluate the operation of said sanitary landfill and require such
measures as are necessary to abate, eliminate or avoid such pollution, including, but
not limited to, the following:
(i)
Groundwater removal and treatment
(ii)
Contaminated groundwater encapsulation
(iii)
Alternate sources of drinking water to impacted individuals
(iv)
The limiting or exclusion of surface water percolation into refuse filled
areas
(v)
Identification and closure of a particular cell or portion of the facility that is
causing the pollution.
56
(vi)
Closure of the facility
(b)
Surface Water:
(1)
No new sanitary landfill shall be conducted within the watershed of any surface
public water supply. Furthermore, no refuse shall be deposited within two hundred
(200) feet of any surface water or within twelve hundred (1200) feet on any river
per R.I.G.L. 23-18.9-9.1. Other landfill siting prohibitions, relative to surface water
shall also apply, per R.I.G.L. 23-18.9-9.1.
(2)
New sanitary landfills shall not be located on drainage areas of surface public water
supplies.
(c)
Groundwater:
(1)
No sanitary landfill shall be constructed where solid waste may be in direct contact
with groundwaters of the State. A minimum of five (5) feet of soil is required
between the highest water table level and the lowest level of the liner system. At
the Director's discretion, a greater separation may be required.
(2)
Sanitary landfills shall not be located within four hundred (400) feet of an existing
public water supply well. At the Director's discretion, a greater separation may be
required.
(3)
Other landfill siting prohibitions, relative to groundwater issues shall also apply,
per R.I.G.L. 23-18.9-9.1. and per Rule 8, "Prohibitions" of the Department's "Rules
and Regulations for Groundwater Quality, August 1996" or as amended.
(d)
Groundwater Reservoirs and Recharge Areas:
(1)
As provided in R.I.G.L. Section 23-18.9-9.1, no person shall dispose of solid waste
on or in the ground overlying groundwater reservoirs or groundwater recharge
areas, provided that such groundwater reservoirs or groundwater recharge areas
have been designated on the basis of hydrogeologic data as an existing or planned
public drinking water source by the municipality in which such reservoir or
recharge area is located, and that such municipality has enacted a municipal
ordinance relating to groundwater reservoirs or groundwater recharge areas.
(2)
Where an existing solid waste management landfill overlies such groundwater
reservoir or groundwater recharge area designated by the municipality in
accordance with Subsection (d)(1) hereof, the Director is authorized to order
cessation of solid waste disposal operations and closure of said landfill under the
following conditions:
(i)
The municipality has, after notice and public hearing and resolution to the
Director, requested the Director to determine whether the continued
57
operation of any solid waste management facility-landfill on or over any
such reservoir or recharge area presents a hazard to the public drinking
water source.
(ii)
The Director, after the investigation, notice and hearing to said landfill,
determines that such existing solid waste management facility-landfill does
present a hazard to the public drinking water source.
2.3.06 Waste Handling:
(a)
Unloading of Waste: The unloading of solid waste shall be controlled and restricted to an
area such that the material can easily be incorporated into the working face.
(b)
Spreading and Compacting of Waste: Solid waste shall be spread in layers of
approximately two (2) feet in depth and compacted with a minimum of four passes of the
compaction equipment.
(c)
Litter: Windblown refuse shall be eliminated or controlled by using fences or other means.
The sanitary landfill shall be kept free of windblown refuse at all times.
(d)
Handling of Special Waste:
(1)
Bulky waste: Bulky waste shall be disposed of in accordance with the
requirements of Rule 1.7.04 at the toe of the working face and incorporated into the
working cell, or stored in a separate area of the landfill approved by the Department
for the purpose of salvaging these items. Any salvaged material must be stored in
closed-top containers for a period approved by the Department.
(2)
Construction waste and demolition waste: All construction waste and demolition
waste shall be disposed of by covering along with daily refuse.
(3)
Brush: Any brush accepted at a sanitary landfill must be stored at a minimum
distance of two hundred (200) feet from the working face, or buried. All brush not
buried must be chipped within one week after arrival. Chipped brush may be
stored indefinitely in this area.
(4)
Non-hazardous liquid waste:
(i)
Non-hazardous liquid waste shall be disposed of in a sanitary landfill only
if special provisions are made for such disposal and are approved by the
Department.
(ii)
Any non-hazardous liquid waste accepted for disposal shall be covered
immediately after it is dumped at any sanitary landfill. No uncovered pools
of these materials will be allowed at any time.
58
(iii)
Bulk or non-containerized liquid waste cannot be landfilled unless:
(A)
The waste is household waste other than septic waste or
(B)
The waste is leachate or gas condensate (liquid from gas recover
processes) derived from the SWLF unit and the SWLF unit,
regardless of whether it is a new or existing SWLF unit or a lateral
expansion of an SWLF unit, is designed with at least a double
composite liner and leachate collection system. (These design
details must be demonstrated in the landfill's operating record and
the Director must be notified that these design details have been
placed in the operating record).
(iv)
Containerized liquid waste may not be placed in solid waste landfills,
unless:
(A)
The waste is household waste or
(B)
The container is small and similar in size to that normally used for
containing household waste.
(5)
Oil spill cleanup debris: Oil spill cleanup debris shall be disposed of only in a
sanitary landfill constructed with a liner system per Rule 2.2.00, or in an alternate
facility approved by the Department.
(6)
Asbestos disposal:
(i)
Friable asbestos material shall not be disposed in a sanitary landfill unless
the operator of the sanitary landfill has received specific approval from the
Director to accept such material. This approval shall be granted based on,
but not necessarily limited to, the amount of refuse accepted at the landfill,
the equipment and personnel available, and the need for asbestos disposal
facilities. This approval may be revoked by the Director at any time.
(ii)
Friable asbestos material must be treated with water and labeled or
processed into a non-friable form according to 40 CFR 61.20(j)(3)(i) or (ii),
respectively, as is or as amended.
(iii)
Asbestos material accepted at a sanitary landfill shall be placed at the
bottom of the working face and immediately covered with either a
minimum of two (2) feet of refuse or a minimum of six (6) inches of clean
fill.
(iv)
There shall be no visible emissions of asbestos material from any sanitary
landfill which has accepted asbestos material.
59
(v)
Landfilling of friable asbestos material must comply with all applicable
requirements of the National Emission Standards for Hazardous Air
Pollutants asbestos regulations.
(e)
SWLF unit owners or operators must implement a program at the facility for detecting and
preventing the disposal of regulated hazardous wastes and polychlorinated biphenyls
(PCB) wastes. This program must, include, at minimum:
(1)
Random inspections of incoming loads, unless the SWLF owner or operator takes
other steps to ensure that incoming loads do not contain regulated hazardous wastes
or PCB wastes.
(2)
Records of any inspections of incoming loads.
(3)
Training of facility personnel to recognize regulated hazardous wastes and PCB
wastes.
(4)
Notification of the Director if a regulated hazardous waste or PCB waste is
discovered at the facility.
2.3.07 Equipment Requirements:
(a)
General Requirements: All equipment used shall meet the performance specifications
necessary for operating the sanitary landfill in accordance with the operating requirements
contained in these regulations.
(b)
Required Equipment for Refuse and Cover Material Handling: There shall be sufficient
types and quantities of equipment for digging, spreading, compacting, or covering waste or
applying cover material to adequately meet the requirements of these regulations.
Each piece of equipment must have a minimum basic weight without blade, bucket or other
accessories of 17,000 pounds.
(c)
Equipment breakdown: Arrangements in writing for emergency equipment shall be made
to allow for operating equipment breakdown. Emergency equipment shall be on the site
with twenty-four (24) hours of operating equipment breakdown.
2.3.08 Gas Control:
(a)
The concentration of methane gas generated by the facility does not exceed 25 percent of
the lower explosive limit for methane in facility structures (excluding gas control or
recovery system components).
(b)
The concentration of methane gas does not exceed 25 percent of the lower explosive limit
for methane at the facility property boundary.
60
(c)
Sanitary landfills must implement a routine methane monitoring program to ensure
compliance with paragraphs (a) and (b) above.
(1)
The type and frequency of monitoring must be determined based on the following
factors:
(i)
Soil conditions
(ii)
The hydrogeologic conditions surrounding the facility
(iii)
The hydraulic conditions surrounding the facility
(iv)
The location of facility structures and property boundaries.
(2)
The minimum frequency of monitoring shall be quarterly.
(d)
If methane gas levels exceeding the limits specified in paragraphs (a) and (b) of this section
are detected, the facility must:
(1)
Immediately take all necessary steps to ensure protection of human health and
notify the Department.
(2)
Within seven (7) days of detection, place in the operating plan the methane gas
levels detected and a description of the steps taken to protect human health.
(3)
Within 60 days of detection, implement a remediation plan for the methane gas
releases, place a copy of the plan in the operating plan, and notify the Department
that the plan has been implemented. The plan shall describe the nature and extent
of the problem and the proposed remedy.
(e)
For purposes of this section, lower explosive limit means the lowest percent by volume of a
mixture of explosive gases in air that will propagate a flame at 25oC and atmospheric
pressure.
2.3.09 Fire Protection: A facility shall not pose a hazard to the safety of persons or property from fires.
In addition, the following requirements must be met:
(a)
All sanitary landfills shall arrange in writing for a nearby fire department to provide
emergency service whenever called.
(b)
There shall be within 1,000 feet of the working face, either an adequate supply of water
under pressure or a stockpile of the equivalent of four days cover material for use
exclusively in fighting fires.
(c)
All landfill equipment (dozer, front end loaders and landfill compactors) shall be supplied
with fire extinguishers.
61
2.3.10 Surface Drainage: The operator shall make provisions to have the sanitary landfill site, including
the fill surface, graded and provided with a drainage system to minimize surface water runoff onto
and into the fill, to prevent erosion of the fill, to drain off rain water falling on the fill, and to
prevent the collection of standing water. The surface drainage system must be designed to control
the water volume from a 24-hour, 25-year storm. Measures must be taken to prevent
sedimentation associated with surface drainage from borrow areas and other disturbed areas. The
minimum top surface slopes shall be three percent. The maximum side slopes shall be no steeper
than 3/1.
2.3.11 Monitoring Wells:
(a)
Sanitary landfills shall install monitoring wells at locations approved by the Department
based on the hydrogeological report and water quality monitoring plan submitted per Rule
2.1.08 for the purpose of monitoring groundwater conditions. The operator shall arrange
for the sampling and analysis for constituents designated by the Director on a schedule as
determined by the Director. The operator shall notify the Director at least 48 hours prior
to sampling groundwater monitoring wells. The Director may, at his discretion, sample
such groundwater monitoring wells pursuant to Rule 2.1.08.
(b)
New sanitary landfills shall conduct preliminary sampling and analysis for constituents
designated by the Director prior to commencing operation of the facility, and pursuant to
Rule 2.1.08.
2.3.12 Distance to Property Lines: No refuse shall be disposed of within six hundred (600) feet of any
property line. No excavations shall occur within six hundred (600) feet of any property line. The
Director may, at his discretion, require a greater distance in order to meet the operational
requirements of Rules 2.2.00 and 2.3.00. Existing sanitary landfills may continue to operate within
the 200-foot buffer rule only in areas approved in their existing license and operating plan.
2.3.13 Limited Access: Dumping of any solid waste at a sanitary landfill after one-half hour past sunset
will not be allowed.
2.3.14 Flood Plain, Wetlands, and Coastal Restrictions:
(a)
No refuse shall be deposited in the one hundred (100) year flood plain.
(b)
New SWLF units and lateral expansions of SWLF units shall not be located in wetlands (as
defined in 40 CFR 232.2 (r) and in the Department's "Rules and Regulations Governing the
Administration and Enforcement of the Freshwater Wetlands Act, April, 1994"), or
constructed in a manner that will alter wetlands, except if a permit to alter a freshwater
wetlands is received from the Office of Water Resources and, when required, by the
Coastal Resources Management Council:
62
(1)
Where applicable under section 404 of the Clean Water Act or applicable State
wetlands laws, the presumption that practicable alternative to the proposed landfill
is available which does not involve wetlands is clearly rebutted;
(2)
The construction and operation of the SWLF unit will not:
(i)
Cause or contribute to violations of any applicable State water quality
standard.
(ii)
Violate any applicable toxic effluent standard or prohibition under Section
307 of the Clean Water Act,
(iii)
Jeopardize the continued existence of endangered or threatened species or
result in destruction or adverse modification of a critical habitat, protected
under The Endangered Species Act of 1973, and
(iv)
Violate any requirement under the Marine Protection, Research, and
Sanctuaries Act of 1972 for the protection of a marine sanctuary.
(3)
The SWLF unit will not cause or contribute to significant degradation of wetlands.
The owner or operator must demonstrate the integrity of the SWLF unit and its
ability to protect ecological resources by addressing the following factors:
(i)
Erosion, stability, and migration potential of native wetland soils, muds,
and deposits used to support the SWLF unit,
(ii)
Erosion, stability, and migration potential of dredged and fill materials used
to support the SWLF unit,
(iii)
The volume and chemical nature of the waste managed in the SWLF unit,
(iv)
Impacts on fish, wildlife, and other aquatic resources and their habitat from
release of the solid waste or operation of the SWLF unit,
(v)
The potential effects of catastrophic release of waste to the wetland and the
resulting impacts on the environment, and
(vi)
Any additional factors as necessary, to demonstrate that ecological
resources in the wetlands are sufficiently protected.
(4)
To the extent required under Section 404 of the Clean Water Act, or applicable
State wetlands laws, steps have been taken to attempt to achieve no net loss of
wetlands (as defined by acreage and function) by first avoiding impacts to wetlands
to the maximum extent practicable as required by Rule 2.3.14(b)(1), then
minimizing unavoidable impacts to the maximum extent practicable, and finally
offsetting remaining unavoidable wetland impacts through all appropriate and
63
practicable compensatory mitigation actions (e.g. restoration of existing degraded
wetlands or creation of man-made wetlands), and
(5)
Sufficient information is available to make a reasonable determination with respect
to these demonstrations.
(c)
Coastal prohibitions, per R.I.G.L. 23-18.9-9.1., shall also apply to the siting of sanitary
landfills.
2.3.15 Deed Restrictions/Conservation Easement:
(a)
Prior to any waste disposal, the operator shall insure that notations are properly made upon
the deed for the disposal site land. The notation shall be amended as frequently as
necessary to insure that all sites are properly documented. No license renewal shall be
granted until the operator demonstrates that such notation has been made and/or updated.
Such notation shall include:
(1)
type of waste disposed of at the site;
(2)
the exact location of such waste shown on a map with a legend;
(3)
notice that excavation of previously filled areas shall not be conducted without
prior written approval from the Department.
2.3.16 Height Monitoring: An annual survey of the landfill height shall be taken by a properly licensed
Rhode Island land surveyor or professional engineer. This survey shall be submitted to the
Department within thirty (30) days after the survey. Once the facility is within eighty (80) percent
of its proposed final site elevation, the Department may require more frequent surveys as necessary
to insure such elevation is not exceeded.
2.3.17 Excavation: No person shall excavate previously filled areas without prior written approval from
the Director.
2.3.18 Resource Recovery and Solid Waste Incinerator Ash Residue Monofills:
Landfills used solely for the disposal of solid waste resulting from Resource Recovery and
Incineration operations are subject to all requirements of these regulations.
(a)
Each application for a license to construct and operate an ash residue landfill must meet all
requirements set forth in Rule 1.6.00 and Rule 2.1.00.
(b)
All ash residue monofills are subject to all operating and design regulations set forth in
Rule 1.7.00, Rule 2.2.00, and Rule 2.3.00 with the exception of the gas venting
requirements specified in Rule 2.3.08.
2.3.19 Airport Safety:
64
Owners or operators of new SWLF units, existing SWLF units and their lateral expansions that are
located within 10,000 feet (3,048 meters) of any airport runway end used by turbojet aircraft or
within 5,000 feet (1524 meters) of any airport runway end used by only piston type aircraft shall
demonstrate that their landfills are designed and operated so that the landfills do not pose a bird
hazard to aircraft. Each owner or operator shall document demonstration of this design and
operation in its operating record and shall notify the Director of this documenting action.
2.3.20 Fault Areas:
(a)
New SWLF units and lateral expansions of SWLF units shall not be located within 200 feet
(60 meters) of a fault that has had displacement in Holocene time unless the owner or
operator demonstrates to the Director that an alternative setback distance of less than 200
feet (60 meters) will prevent damage to the structural integrity of the SWLF unit and will
be protective of human health and the environment where:
(1)
"Fault" means a fracture or a zone of fractures in any material along which strata on
one side have been displaced with respect to that on the other side.
(2)
"Displacement" means the relative movement of any two sides of a fault measured
in any direction.
(3)
"Holocene" means the most recent epoch of the Quaternary period, extending from
the end of the Pleistocene Epoch to the present.
2.3.21 Seismic Impact Zones:
(a)
New SWLF units and lateral expansions of SWLF units shall not be located in seismic
impact zones, unless the owner or operator demonstrates to the Director 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. The owner or operator shall place this demonstration in the
operating record and notify the Director that it has been placed in the operating record, and
where:
(1)
"Seismic impact zone" means an area with a ten percent or greater
probability that the maximum horizontal acceleration in lithified earth
material, expressed as a percentage of the earth's gravitational pull will
exceed 0.10g in 250 years.
(2)
"Maximum horizontal acceleration in lithified earth material" means the
maximum expected horizontal acceleration depicted on a seismic hazard
map, with a 90 percent or greater probability that this acceleration will not
be exceeded in 250 years or it means the maximum expected horizontal
acceleration based on a site-specific seismic risk assessment.
65
(3)
"Lithified earth material" means all rock, including all naturally occurring
and naturally formed aggregates or masses of minerals or small particles of
older rock that formed by crystallization of magma or by induration of
loose sediments. This term does not include man-made materials, such as
fill, concrete, asphalt, or unconsolidated earth materials, soil, or regolith
lying at or near the earth surface.
2.3.22 Unstable Areas:
(a)
Owners or operators of new SWLF units, existing SWLF units, and lateral expansions of
SWLF units located in unstable areas must demonstrate that engineering measures have
been incorporated into the SWLF unit's design to ensure that the integrity of the structural
components of the SWLF Unit will not be disrupted. The owner or operator must place
this demonstration in the operating record and notify the Director that it has been placed in
the operating record.
(1)
"Unstable area" means a location that is susceptible to natural or human induced
events or forces capable of impairing the integrity of some or all of the landfill
structural components responsible for preventing releases from a landfill. Unstable
areas can include poor foundation conditions, areas susceptible to mass
movements, and Karst Terranes.
(2)
"Structural Components" means liners, leachate collection systems, final covers,
run-on/run-off systems and any other component used in the construction and
operation of the SWLF that is necessary for protection of human health and the
environment.
(3)
"Poor Foundation Conditions" means those areas where features exist which
indicate that a natural or man-induced event may result in inadequate foundation
support for the structural components of a SWLF unit.
(4)
"Areas susceptible to mass movement" means those areas of influence (i.e., areas
characterized as having an active or substantial possibility of mass movement)
where the movement of earth material at, beneath, or adjacent to the SWLF unit,
because of natural or man-induced events, results in the downslope transport of soil
and rock material by means of gravitational influence. Areas of mass movement
include, but are not limited to, landslides, avalanches, debris slides and floods, soil
fluction, block sliding, and rock fall.
(5)
"Karst Terranes" means areas where karst topography, with its characteristic
surface and subterranean features, is developed as the result of dissolution of
limestone, dolomite, or other soluble rock. Characteristic physiographic features
present in karst terranes include but are not limited to, sinkholes, sinking streams,
caves, large springs, and blind valleys.
66
(b)
The owner or operator shall 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.)
2.3.23 Closure of Existing Solid Waste Landfill Units in Unstable Areas:
Any existing SWLF unit that is sited in an unstable area shall close or may continue to
operate based on the following criteria:
(a)
It shall be allowed to continue to operate, provided it can demonstrate to the Director that
engineering measures have been incorporated in its design to ensure the structural
components of the landfill will not be disrupted.
(b)
If it cannot demonstrate to the Director that engineering measures have been incorporated
in its design to ensure the structural components of the landfill will not be disrupted, then:
(1)
It shall close by 9 October 1998, provided it can demonstrate to the Director, that
there is no available alternative disposal capacity and that there is no immediate
threat to human health and the environment; otherwise,
(2)
It shall close by 9 October 1996.
2.3.24 Post-Closure Care: Post-closure care shall be carried out in accordance with the requirements of
Rule 2.1.09 (b) and 2.1.09 (c). Following completion of the post-closure period, the landfill owner
or operator shall submit to the Department a copy of a certification signed by an independent
registered professional engineer or approved by the Director, verifying that post-closure care has
been completed in accordance with the post-closure plan and that this certification has been placed
in the landfill's operating record.
2.3.25 Record keeping Requirements for SWLF units:
(a)
The landfill owner or operator must record and retain near the facility in a operating record
or in an alternate location approved by the Director, the following information as it
becomes available:
(1)
Any location restriction documentation required, per Rule 2.3.00 and its sub-
sections.
(2)
Waste inspections records, training procedures, and notification procedures
required in Rule 2.3.06 (e).
67
(3)
Gas monitoring results and any remediation plans required by Rule 2.3.08.
(4)
Any SWLF unit design documentation for placement of leachate or gas condensate
in the landfill, per Rule 2.3.06 (d) (4).
(5)
Any groundwater demonstration, certification, finding, monitoring, testing, or
analytical data required by Rule 2.1.08 and its sub-sections.
(6)
Closure and post-closure care plans and any monitoring, testing or analytical data
required by Rules 2.1.09 and 2.3.04 (c).
(7)
Any cost estimate and financial assurance documentation required by Rules 2.1.09
(e), 2.1.09 (f) and Appendix C, Section IV.
(b)
The landfill owner or operator must notify the Director when the documents from
paragraph (a) of this section have been placed or added to the landfill's operating record,
and all information contained in the operating record must be furnished upon request to the
Director or be made available at all reasonable times for inspection by the Director.
(c)
The landfill owner or operator shall retain all records required in Rule 2.3.25 for the life of
the facility, to include the closure and post-closure care periods.
(d)
Per R.I.G.L. 23-18.9-12, any private landfill operator shall keep a written record of the
vehicles which unload cargo at the landfill. The record shall contain the date and time of
unloading of the cargo, a description of the cargo, as well as the vehicle registration. The
landfill operator shall, upon request, make the written record available for inspection by the
Department.
68
APPENDIX A:
CONSTITUENTS FOR DETECTION MONITORING (1)
------------------------------------------------------------------------
Common name (2)
CAS RN (3)
------------------------------------------------------------------------
Inorganic Constituents:
(1) Antimony............................................ (Total)
(2) Arsenic............................................. (Total)
(3) Barium.............................................. (Total)
(4) Beryllium........................................... (Total)
(5) Cadmium............................................. (Total)
(6) Chromium............................................ (Total)
(7) Cobalt.............................................. (Total)
(8) Copper.............................................. (Total)
(9) Lead................................................ (Total)
(10) Nickel.............................................. (Total)
(11) Selenium............................................ (Total)
(12) Silver.............................................. (Total)
(13) Thallium............................................ (Total)
(14) Vanadium............................................ (Total)
(15) Zinc................................................ (Total)
Organic Constituents:
(16) Acetone............................................. 67-64-1
(17) Acrylonitrile....................................... 107-13-1
(18) Benzene............................................. 71-43-2
(19) Bromochloromethane.................................. 74-97-5
(20) Bromodichloromethane................................ 75-27-4
(21) Bromoform; Tribromomethane.......................... 75-25-2
(22) Carbon disulfide.................................... 75-15-0
(23) Carbon tetrachloride................................ 56-23-5
(24) Chlorobenzene....................................... 108-90-7
(25) Chloroethane; Ethyl chloride........................ 75-00-3
(26) Chloroform; Trichloromethane........................ 67-66-3
(27) Dibromochloromethane; Chlorodibromomethane.......... 124-48-1
(28) 1,2-Dibromo-3-chloropropane; DBCP................... 96-12-8
(29) 1,2-Dibromoethane; Ethylene dibromide; EDB.......... 106-93-4
(30) o-Dichlorobenzene; 1,2-Dichlorobenzene.............. 95-50-1
(31) p-Dichlorobenzene; 1,4-Dichlorobenzene.............. 106-46-7
(32) trans-1,4-Dichloro-2-butene......................... 110-57-6
(33) 1,1-Dichloroethane; Ethylidene chloride............. 75-34-3
(34) 1,2-Dichloroethane; Ethylene dichloride............. 107-06-2
(35) 1,1-Dichloroethylene; 1,1-Dichloroethene; Vinylidene 75-35-4
chloride..........................................
(36) cis-1,2-Dichloroethylene; cis-1,2-Dichloroethene.... 156-59-2
(37) trans-1,2-Dichloroethylene; trans-1,2-Dichloroethene 156-60-5
(38) 1,2-Dichloropropane; Propylene dichloride........... 78-87-5
(39) cis-1,3-Dichloropropene............................. 10061-01-5
(40) trans-1,3-Dichloropropene........................... 10061-02-6
(41) Ethylbenzene........................................ 100-41-4
(42) 2-Hexanone; Methyl butyl ketone..................... 591-78-6
(43) Methyl bromide; Bromomethane........................ 74-83-9
(44) Methyl chloride; Chloromethane...................... 74-87-3
(45) Methylene bromide; Dibromomethane................... 74-95-3
(46) Methylene chloride; Dichloromethane................. 75-09-2
(47) Methyl ethyl ketone; MEK; 2-Butanone................ 78-93-3
(48) Methyl iodide; Iodomethane.......................... 74-88-4
(49) 4-Methyl-2-pentanone; Methyl isobutyl ketone........ 108-10-1
(50) Styrene............................................. 100-42-5
69
(51) 1,1,1,2-Tetrachloroethane........................... 630-20-6
(52) 1,1,2,2-Tetrachloroethane........................... 79-34-5
(53) Tetrachloroethylene; Tetrachloroethene; 127-18-4
Perchloroethylene.................................
(54) Toluene............................................. 108-88-3
(55) 1,1,1-Trichloroethane; Methylchloroform............. 71-55-6
(56) 1,1,2-Trichloroethane............................... 79-00-5
(57) Trichloroethylene; Trichloroethene.................. 79-01-6
(58) Trichlorofluoromethane; CFC-11...................... 75-69-4
(59) 1,2,3-Trichloropropane.............................. 96-18-4
(60) Vinyl acetate....................................... 108-05-4
(61) Vinyl chloride...................................... 75-01-4
(62) Xylenes............................................. 1330-20-7
------------------------------------------------------------------------
(1)
This list contains 47 volatile organics for which possible analytical procedures
provided in EPA Report SW-846 “Test Methods for Evaluating Solid Waste,” third
edition, November 1986, as revised December 1987, includes Method 8260; and 15 metals
for which SW-846 provides either Method 6010 or a method from the 7000 series of
methods.
(2)
Common names are those widely used in government regulations, scientific
publications, and commerce; synonyms exist for many chemicals.
(3)
Chemical Abstracts Service registry number. Where “Total” is entered, all species
in the ground water that contain this element are included.
70
APPENDIX B
LIST OF HAZARDOUS INORGANIC AND
ORGANIC CONSTITUENTS(1)
-------------------------------------------------------------------------------------------------------
Common Name (2)
CAS RN (3) Chemical abstracts service index name (4)
Suggested PQL
methods (5) (ppb) (6)
-------------------------------------------------------------------------------------------------------
Acenaphthene...................... 83-32-9 Acenaphthylene, 1,2-dihydro- 8100 200
8270 10
Acenaphthylene.................... 208-96-8 Acenaphthylene.............. 8100 200
8270 10
Acetone........................... 67-64-1 2-Propanone.................. 8260 100
Acetonitrile; Methyl cyanide...... 75-05-8 Acetonitrile................. 8015 100
Acetophenone...................... 98-86-2 Ethanone, 1-phenyl-.......... 8270 10
2-Acetylaminofluorene; 2-AAF...... 53-96-3 Acetamide, N-9H-fluoren-2-yl- 8270 20
Acrolein.......................... 107-02-8 2-Propenal................... 8030 5
8260 100
Acrylonitrile..................... 107-13-1 2-Propenenitrile............. 8030 5
8260 200
Aldrin............................ 309-00-2 1,4:5,8-Dimethanonaphthalene, 8080 0.05
1,2,3,4,10,10-hexachloro- 8270 10
1,4,4a, 5,8,8a-hexahydro-
(1a, 4a, 4ab, 5a, 8a, 8ab)-
Allyl chloride.................... 107-05-1 1-Propene, 3-chloro-......... 8010 5
8260 10
4-Aminobiphenyl................... 92-67-1 [1,1\1\-Biphenyl]-4-amine.... 8270 20
Anthracene........................ 120-12-7 Anthracene................... 8100 200
8270 10
Antimony.......................... (Total) Antimony..................... 6010 300
7040 2000
7041 30
Arsenic........................... (Total) Arsenic...................... 6010 500
7060 10
7061 20
Barium............................ (Total) Barium....................... 6010 20
7080 1000
Benzene........................... 71-43-2 Benzene...................... 8020 2
8021 0.1
8260 5
Benzo[a]anthracene; Benzanthracene 56-55-3 Benz[a]anthracene............ 8100 200
8270 10
Benzo[b]fluoranthene.............. 205-99-2 Benz[e]acephenanthrylene..... 8100 200
8270 10
Benzo[k]fluoranthene.............. 207-08-9 Benzo[k]fluoranthene......... 8100 200
8270 10
Benzo[ghi]perylene................ 191-24-2 Benzo[ghi]perylene........... 8100 200
8270 10
Benzo[a]pyrene.................... 50-32-8 Benzo[a]pyrene............... 8100 200
8270 10
Benzyl alcohol.................... 100-51-6 Benzenemethanol.............. 8270 20
Beryllium......................... Total) Beryllium.................... 6010 3
7090 50
7091 2
alpha-BHC......................... 319-84-6 Cyclohexane, 1,2,3,4,5,6- 8080 0.05
hexachloro-, (1a,2a,3b,4a,5b,6b)- 8270 10
beta-BHC.......................... 319-85-7 Cyclohexane, 1,2,3,4,5,6- 8080 0.05
hexachloro-, (1a,2b,3a,4b,5a,6b)- 8270 20
delta-BHC......................... 319-86-8 Cyclohexane, 1,2,3,4,5,6- 8080 0.1
hexachloro-, (1a,2a,3a,4b,5a,6b)- 8270 20
gamma-BHC; Lindane................ 58-89-9 Cyclohexane, 1,2,3,4,5,6- 8080 0.05
hexachloro-, (1a,2a,3b,4a,5a,6b)- 8270 20
71
-------------------------------------------------------------------------------------------------------
Common Name (2)
CAS RN (3) Chemical abstracts service index name (4)
Suggested PQL
methods (5) (ppb) (6)
-------------------------------------------------------------------------------------------------------
Bis(2-chloroethoxy)methane........ 111-91-1 Ethane, 1,1\1\-[methylenebis(oxy)] 8110 5
bis[2- chloro- 8270 10
Bis(2-chloroethyl) ether; 111-44-4 Ethane, 1,1(1)-oxybis[2- chloro- 8110 3
Dichloroethyl ether. 8270 10
Bis-(2-chloro-1-methylethyl) ether; 108-60-1 Propane, 2,2(1)-oxybis[1- chloro- 8110 10
2,2\1\-Dichlorodiisopropyl ether; 8270 10
DCIP, See note 7
Bis(2-ethylhexyl) phthalate....... 117-81-7 1,2-Benzenedicarboxylic acid, 8060 20
bis(2-ethylhexyl) ester.
Bromochloromethane; Chlorobromomethane. 74-97-5 Methane, bromochloro-........ 8021 0.1
8260 5
Bromodichloromethane; 75-27-4 Methane, bromodichloro-...... 8010 1
Dibromochloromethane. 8021 0.2
8260 5
Bromoform; Tribromomethane........ 75-25-2 Methane, tribromo-........... 8010 2
8021 15
8260 5
4-Bromophenyl phenyl ether........ 101-55-3 Benzene, 1-bromo-4-phenoxy-.. 8110 25
8270 10
Butyl benzyl phthalate; Benzyl butyl 85-68-7 1,2-Benzenedicarboxylic acid, 8060 5
phthalate. butyl phenylmethyl ester. 8270 10
Cadmium........................... (Total) Cadmium...................... 6010 40
7130 50
7131 1
Carbon disulfide.................. 75-15-0 Carbon disulfide............. 8260 100
Carbon tetrachloride.............. 56-23-5 Methane, tetrachloro-........ 8010 1
8021 0.1
8260 10
Chlordane......................... See Note 8 4,7-Methano-1H-indene, 8080 0.1
1,2,4,5,6,7,8,8-octachloro- 8270 50
2,3,3a,4,7,7a-hexahydro-.
p-Chloroaniline................... 106-47-8 Benzenamine, 4-chloro-....... 8270 20
Chlorobenzene..................... 108-90-7 Benzene, chloro-............. 8010 2
8020 2
8021 0.1
8260 5
Chlorobenzilate................... 510-15-6 Benzeneacetic acid, 4-chloro-a- 8270 10
(4-chlorophenyl)-a- hydroxy-,
ethyl ester.
p-Chloro-m-cresol; 4-Chloro-3- 59-50-7 Phenol, 4-chloro-3-methyl-... 8040 5
methylphenol. 8270 20
Chloroethane; Ethyl chloride...... 75-00-3 Ethane, chloro-.............. 8010 5
8021 1
8260 10
Chloroform; Trichloromethane...... 67-66-3 Methane, trichloro-.......... 8010 0.5
8021 0.2
8260 5
2-Chloronaphthalene............... 91-58-7 Naphthalene, 2-chloro-....... 8120 10
8270 10
2-Chlorophenol.................... 95-57-8 Phenol, 2-chloro-............ 8040 5
8270 10
4-Chlorophenyl phenyl ether....... 7005-72-3 Benzene, 1-chloro-4-phenoxy-. 8110 40
8270 10
Chloroprene....................... 126-99-8 1,3-Butadiene, 2-chloro-..... 8010 50
8260 20
Chromium.......................... (Total) Chromium..................... 6010 70
7190 500
7191 10
Chrysene.......................... 218-01-9 Chrysene..................... 8100 200
8270 10
Cobalt............................ (Total) Cobalt....................... 6010 70
7200 500
7201 10
72
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Common Name (2)
CAS RN (3) Chemical abstracts service index name (4)
Suggested PQL
methods (5) (ppb) (6)
-------------------------------------------------------------------------------------------------------
Copper............................ (Total) Copper....................... 6010 60
7210 200
7211 10
m-Cresol; 3-methylphenol.......... 108-39-4 Phenol, 3-methyl-............ 8270 10
o-Cresol; 2-methylphenol.......... 95-48-7 Phenol, 2-methyl-............ 8270 10
p-Cresol; 4-methylphenol.......... 106-44-5 Phenol, 4-methyl-............ 8270 10
Cyanide........................... 57-12-5 Cyanide...................... 9010 200
2,4-D; 2,4-Dichlorophenoxyacetic acid 94-75-7 Acetic acid, (2,4- 8150 10
dichlorophenoxy)-.
4,4\1\-DDD........................ 72-54-8 Benzene 1,1\1\-(2,2- 8080 0.1
dichloroethylidene)bis[4-chloro-. 8270 10
4,4\1\-DDE........................ 72-55-9 Benzene, 1,1\1\- 8080 0.05
(dichloroethyenylidene)bis[4-chloro-. 8270 10
4,4\1\-DDT........................ 50-29-3 Benzene, 1,1\1\-(2,2,2- 8080 0.1
trichloroethylidene)bis[4-chloro-. 8270 10
Diallate.......................... 2303-16-4 Carbamothioic acid, bis(1- 8270 10
methylethyl)-,S-(2,3-
dichloro-2-propenyl) ester.
Dibenz[a,h]anthracene............. 53-70-3 Dibenz[a,h]anthracene........ 8100 200
8270 10
Dibenzofuran...................... 132-64-9 Dibenzofuran................. 8270 10
Dibromochloromethane; 124-48-1 Methane, dibromochloro-...... 8010 1
Chlorodibromomethane. 8021 0.3
8260 5
1,2-Dibromo-3-chloropropane; DBCP. 96-12-8 Propane, 1,2-dibrome-3-chloro- 8011 0.1
. 8021 30
8260 25
1,2-Dibromoethane; Ethylene 106-93-4 Ethane, 1,2-dibromo-......... 8011 0.1
dribromide; EDB. 8021 10
8260 5
Di-n-butyl phthalate.............. 84-74-2 1,2-Benzenedicarboxylic acid, 8060 5
dibutyl ester. 8270 10
o-Dichlorobenzene; 1,2- 95-50-1 Benzene, 1,2-dichloro-....... 8010 2
Dichlorobenzene. 8020 5
8021 0.5
8120 10
8260 5
8270 10
m-Dichlorobenzene; 1,3- 541-73-1 Benzene, 1,3-Dichloro-....... 8010 5
Dichlorobenzene. 8020 5
8021 0.2
8120 10
8260 5
8270 10
p-Dichlorobenzene; 1,4- 106-46-7 Benzene, 1,4-dichloro-....... 8010 2
Dichlorobenzene. 8020 5
8021 0.1
8120 15
8260 5
8270 10
3,3\1\-Dichlorobenzidine.......... 91-94-1 [1,1\1\-Biphenyl]-4,4\1\- 8270 20
diamine, 3,3\1\-dichloro-.
trans-1,4-Dichloro-2-butene....... 110-57-6 2-Butene, 1,4-dichloro-, (E)- 8260 100
Dichlorodifluoromethane; CFC 12;.. 75-71-8 Methane, dichlorodifluoro-... 8021 0.5
8260 5
1,1-Dichloroethane; Ethyldidene 75-34-3 Ethane, 1,1-dichloro-........ 8010 1
chloride. 8021 0.5
8260 5
1,2-Dichloroethane; Ethylene 107-06-2 Ethane, 1,1-dichloro-........ 8010 0.5
dichloride. 8021 0.3
8260 5
1,1-Dichloroethylene; 1,1- 75-35-4 Ethene, 1,1-dichloro-........ 8010 1
Dichloroethene; Vinylidene chloride. 8021 0.5
8260 5
73
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methods (5) (ppb) (6)
-------------------------------------------------------------------------------------------------------
cis-1,2-Dichloroethylene; cis-1,2- 156-59-2 Ethene, 1,2-dichloro-, (Z)-.. 8021 0.2
Dichloroethene. 8260 5
trans-1,2-Dichloroethylene trans-1,2- 156-60-5 Ethene, 1,2-dichloro-, (E)-.. 8010 1
Dichloroethene. 8021 0.5
8260 5
2,4-Dichlorophenol................ 120-83-2 Phenol, 2,4-dichloro-........ 8040 5
8270 10
2,6-Dichlorophenol................ 87-65-0 Phenol, 2,6-dichloro-........ 8270 10
1,2-Dichloropropane; Propylene 78-87-5 Propane, 1,2-dichloro-....... 8010 0.5
dichloride. 8021 0.05
8260 5
1,3-Dichloropropane; Trimethylene 142-28-9 Propane, 1,3-dichloro-....... 8021 0.3
dichloride. 8260 5
2,2-Dichloropropane; Isopropylidene 594-20-7 Propane, 2,2-dichloro-....... 8021 0.5
chloride. 8260 15
1,1-Dichloropropene............... 563-58-6 1-Propene, 1,1-dichloro-..... 8021 0.2
8260 5
cis-1,3-Dichloropropene........... 10061-01-5 1-Propene, 1,3-dichloro-, (Z)- 8010 20
. 8260 10
trans-1,3-Dichloropropene......... 10061-02-6 1-Propene, 1,3-dichloro-, (E)- 8010 5
. 8260 10
Dieldrin.......................... 60-57-1 2,7:3,6-Dimethanonaphth[2,3- 8080 0.05
b]oxirene, 3,4,5,6,9,9-hexa, 8270 10
chloro-1a,2,2a,3,6,6a,7,7a-
octahydro-, (1a a,2b,2a-a,3b
6b,6aa,7b,7aa)-
Diethyl phthalate................. 84-66-2 1,2-Benzenedicarboxylic acid, 8060 5
diethyl ester. 8270 10
0,0-Diethyl 0-2-pyrazinyl 297-97-2 Phosphorothioic acid, 0,0- 8141 5
phosphorothioate; Thionazin. diethyl 0-pyrazinyl ester. 8270 20
Dimethoate........................ 60-51-5 Phosphorodithioic acid, 0,0- 8141 3
dimethyl S-[2-(methylamino)- 8270 20
2-oxoethyl] ester.
p-(Dimethylamino)azobenzene....... 60-11-7 Benzenamine, N,N-dimethyl-4- 8270 10
(phenylazo)-.
7,12-Dimethylbenz[a]anthracene.... 57-97-6 Benz[a]anthracene, 7,12- 8270 10
dimethyl-.
3,3\1\-Dimethylbenzidine.......... 119-93-7 [1,1\1\-Biphenyl]-4,4\1\- 8270 10
diamine, 3,3\1\-dimethyl-.
2,4-Dimethylphenol; m-Xylenol..... 105-67-9 Phenol, 2,4-dimethyl-........ 8040 5
8270 10
Dimethyl phthalate................ 131-11-3 1,2-Benzenedicarboxylic acid, 8060 5
dimethyl ester. 8270 10
m-Dinitrobenzene.................. 99-65-0 Benzene, 1,3-dinitro-........ 8270 20
4,6-Dinitro-o-cresol 4,6-Dinitro-2- 534-52-1 Phenol, 2-methyl-4,6-dinitro. 8040 150
methylphenol. 8270 50
2,4-Dinitrophenol;................ 51-28-5 Phenol, 2,4-dinitro-......... 8040 150
8270 50
2,4-Dinitrotoluene................ 121-14-2 Benzene, 1-methyl-2,4-dinitro- 8090 0.2
. 8270 10
2,6-Dinitrotoluene................ 606-20-2 Benzene, 2-methyl-1,3-dinitro- 8090 0.1
. 8270 10
Dinoseb; DNBP; 2-sec-Butyl-4,6- 88-85-7 Phenol, 2-(1-methylpropyl)- 8150 1
dinitrophenol. 4,6-dinitro-. 8270 20
Di-n-octyl phthalate.............. 117-84-0 1,2-Benzenedicarboxylic acid, 8060 30
dioctyl ester. 8270 10
Diphenylamine..................... 122-39-4 Benzenamine, N-phenyl-....... 8270 10
Disulfoton........................ 298-04-4 Phosphorodithioic acid, 0,0- 8140 2
diethyl S-[2- 8141 0.5
(ethylthio)ethyl] ester. 8270 10
Endosulfan I...................... 959-98-8 6,9-Methano-2,4,3- 8080 0.1
benzodioxathiepin, 8270 20
6,7,8,9,10,10-hexa- chloro-
1,5,5a,6,9,9a-hexahydro-, 3- oxide
74
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CAS RN (3) Chemical abstracts service index name (4)
Suggested PQL
methods (5) (ppb) (6)
-------------------------------------------------------------------------------------------------------
Endosulfan II..................... 33213-65-9 6,9-Methano-2,4,3- 8080 0.05
benzodioxathiepin, 8270 20
6,7,8,9,10,10-hexa- chloro-
1,5,5a,6,9,9a-hexahydro-, 3-
oxide, (3a,5aa,6b,9b,9aa)-
Endosulfan sulfate................ 1031-07-8 6,9-Methano-2,4,3- 8080 0.5
benzodioxathiepin, 8270 10
6,7,8,9,10,10-hexa-chloro-
1,5,5a,6,9,9a-hexahydro-,3-3-
dioxide.
Endrin............................ 72-20-8 2,7:3,6-Dimethanonaphth[2,3- 8080 0.1
b]oxirene, 3,4,5,6,9,9- hexachloro- 8270 20
1a,2,2a,3,6,6a,7,7a- octahydro-,
(1aa,2b,2ab,3a,6a,6ab,7b,7aa)-.
Endrin aldehyde................... 7421-93-4 1,2,4-Methenocyclopenta[cd] 8080 0.2
pentalene-5-carboxaldehyde, 8270 10
2,2a,3,3,4,7- hexachlorodecahydro-,
(1a,2b,2ab, 4b,4ab,5b,
6ab,6bb,7R*)-.
Ethylbenzene...................... 100-41-4 Benzene, ethyl-.......... 8020 2
8221 0.05
8260 5
Ethyl methacrylate................ 97-63-2 2-Propenoic acid, 2-methyl-, 8015 5
ethyl ester. 8260 10
8270 10
Ethyl methanesulfonate............ 62-50-0 Methanesulfonic acid, ethyl 8270 20
ester.
Famphur........................... 52-85-7 Phosphorothioic acid, 0-[4- 8270 20
[(dimethylamino)sulfonyl]phe
nyl] 0,0-dimethyl ester.
Fluoranthene...................... 206-44-0 Fluoranthene................. 8100 200
8270 10
Fluorene.......................... 86-73-7 9H-Fluorene.................. 8100 200
8270 10
Heptachlor........................ 76-44-8 4,7-Methano-1H-indene, 8080 0.05
1,4,5,6,7,8,8-heptachloro- 8270 10
3a,4,7,7a-tetrahydro-.
Heptachlor epoxide................ 1024-57-3 2,5-Methano-2H-indeno[1,2- 8080 1
b]oxirene, 2,3,4,5,6,7,7- 8270 10
heptachloro-1a,1b,5,5a,6,6a-
hexahydro-, (1aa, 1bb,2a, 5a,5ab,
6b, 6aa).
Hexachlorobenzene................. 118-74-1 Benzene, hexachloro-......... 8120 0.5
8270 10
Hexachlorobutadiene............... 87-68-3 1,3-Butadiene, 1,1,2,3,4,4- 8021 0.5
hexachloro-. 8120 5
8260 10
8270 10
Hexachlorocyclopentadiene......... 77-47-4 1,3-Cyclopentadiene, 8120 5
1,2,3,4,5,5-hexachloro-. 8270 10
Hexachloroethane.................. 67-72-1 Ethane, hexachloro-.......... 8120 0.5
8260 10
8270 10
Hexachloropropene................. 1888-71-7 1-Propene, 1,1,2,3,3,3- 8270 10
hexachloro-.
2-Hexanone; Methyl butyl ketone... 591-78-6 2-Hexanone................... 8260 50
Indeno(1,2,3-cd)pyrene............ 193-39-5 Indeno(1,2,3-cd)pyrene....... 8100 200
8270 10
Isobutyl alcohol.................. 78-83-1 1-Propanol, 2-methyl-........ 8015 50
8240 100
Isodrin........................... 465-73-6 1,4,5,8-Dimethanonaphthalene, 8270 20
1,2,3,4,10,10-hexachloro- 8260 10
1,4,4a,5,8,8a hexahydro-
(1a,4a,4ab,5b,8b,8ab)-
Isophorone........................ 78-59-1 2-Cyclohexen-1-one, 3,5,5- 8090 60
trimethyl-. 8270 10
75
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CAS RN (3) Chemical abstracts service index name (4)
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methods (5) (ppb) (6)
-------------------------------------------------------------------------------------------------------
Isosafrole........................ 120-58-1 1,3-Benzodioxole, 5-(1- 8270 10
propenyl)-.
Kepone............................ 143-50-0 1,3,4-Metheno-2H- 8270 20
cyclobuta[cd]pentalen-2-one,
1,1a,3,3a,4,5,5,5a,5b,6-
decachlorooctahydro-.
Lead.............................. (Total) Lead......................... 6010 400
7420 1000
7421 10
Mercury........................... (Total) Mercury...................... 7470 2
Methacrylonitrile................. 126-98-7 2-Propenenitrile, 2-methyl-.. 8015 5
8260 100
Methapyrilene..................... 91-80-5 1,2-Ethanediamine, N.N- 8270 100
dimethyl-N\1\-2-pyridinyl-N1/
2-thienylmethyl)-.
Methoxychlor...................... 72-43-5 Benzene,1,1\1\- 8080 2
(2,2,2,trichloroethylidene)bis 8270 10
[4-methoxy-.
Methyl bromide; Bromomethane...... 74-83-9 Methane, bromo-.............. 8010 20
8021 10
Methyl chloride; Chloromethane.... 74-87-3 Methane, chloro-............. 8010 1
8021 0.3
3-Methylcholanthrene.............. 56-49-5 Benz[j]aceanthrylene, 1,2- 8270 10
dihydro-3-methyl-.
Methyl ethyl ketone; MEK; 2-Butanone 78-93-3 2-Butanone................... 8015 10
8260 100
Methyl iodide; Iodomethane........ 74-88-4 Methane, iodo-............... 8010 40
8260 10
Methyl methacrylate............... 80-62-6 2-Propenoic acid, 2-methyl-, 8015 2
methyl ester. 8260 30
Methyl methanesulfonate........... 66-27-3 Methanesulfonic acid, methyl 8270 10
ester.
2-Methylnaphthalene............... 91-57-6 Naphthalene, 2-methyl-....... 8270 10
Methyl parathion; Parathion methyl 298-00-0 Phosphorothioic acid, 0,0- 8140 0.5
dimethyl. 8141 1
8270 10
4-Methyl-2-pentanone; Methyl isobutyl 108-10-1 2-Pentanone, 4-methyl-....... 8015 5
ketone. 8260 100
Methylene bromide; Dibromomethane. 74-95-3 Methane, dibromo-............ 8010 15
8021 20
8260 10
Methylene chloride; Dichloromethane 75-09-2 Methane, dichloro-........... 8010 5
8021 0.2
8260 10
Naphthalene....................... 91-20-3 Naphthalene.................. 8021 0.5
8100 200
8260 5
8270 10
1,4-Naphthoquinone................ 130-15-4 1,4-Naphthalenedione......... 8270 10
1-Naphthylamine................... 134-32-7 1-Naphthalenamine............ 8270 10
2-Naphthylamine................... 91-59-8 2-Naphthalenamine............ 8270 10
Nickel............................ (Total) Nickel....................... 6010 150
7520 400
o-Nitroaniline; 2-Nitroaniline.... 88-74-4 Benzenamine, 2-nitro-........ 8270 50
m-Nitroaniline; 3-Nitroanile...... 99-09-2 Benzenamine, 3-nitro-........ 8270 50
p-Nitroaniline; 4-Nitroaniline.... 100-01-6 Benzenamine, 4-nitro......... 8270 20
Nitrobenzene...................... 98-95-3 Benzene, nitro-.............. 8090 40
8270 10
o-Nitrophenol; 2-Nitrophenol...... 88-75-5 Phenol, 2-nitro-............. 8040 5
8270 10
p-Nitrophenol; 4-Nitrophenol...... 100-02-7 Phenol, 4-nitro-............. 8040 10
8270 50
N-Nitrosodi-n-butylamine.......... 924-16-3 1-Butanamine, N-butyl-N- 8270 10
nitroso-.
N-Nitrosodiethylamine............. 55-18-5 Ethanamine, N-ethyl-N-nitroso- 8270 20
76
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methods (5) (ppb) (6)
-------------------------------------------------------------------------------------------------------
N-Nitrosodimethylamine............ 62-75-9 Methanamine, N-methyl-N- 8070 2
nitroso-.
N-Nitrosodiphenylamine............ 86-30-6 Benzenamine, N-nitroso-N- 8070 5
phenyl-.
N-Nitrosodipropylamine; N-Nitroso-N- 621-64-7 1-Propanamine, N-nitroso-N- 8070 10
dipropylamine; Di-n- propyl-.
propylnitrosamine.
N-Nitrosomethylethalamine......... 10595-95-6 Ethanamine, N-methyl-N- 8270 10
nitroso-.
N-Nitrosopiperidine............... 100-75-4 Piperidine, 1-nitroso-....... 8270 20
N-Nitrosopyrrolidine.............. 930-55-2 Pyrrolidine, 1-nitroso-...... 8270 40
5-Nitro-o-toluidine............... 99-55-8 Benzenamine, 2-methyl-5-nitro- 8270 10
Parathion......................... 56-38-2 Phosphorothioic acid, 0,0- 8141 0.5
diethyl 0-(4-nitrophenyl) ester. 8270 10
Pentachlorobenzene................ 608-93-5 Benzene, pentachloro-........ 8270 10
Pentachloronitrobenzene........... 82-68-8 Benzene, pentachloronitro-... 8270 20
Pentachlorophenol................. 87-86-5 Phenol, pentachloro-......... 8040 5
8270 50
Phenacetin........................ 62-44-2 Acetamide, N-(4-ethoxyphenl). 8270 20
Phenanthrene...................... 85-01-8 Phenanthrene................. 8100 200
8270 10
Phenol............................ 108-95-2 Phenol....................... 8040 1
p-Phenylenediamine................ 106-50-3 1,4-Benzenediamine........... 8270 10
Phorate........................... 298-02-2 Phosphorodithioic acid, 0,0- 8140 2
diethyl S-[(ethylthio)methyl]ester 8141 0.5
8270 10
Polychlorinated biphenyls; PCBs; See Note 9 1,1'-Biphenyl, chloro derivatives. 8080 50
Aroclors. 8270 200
Pronamide......................... 23950-58-5 Benzamide, 3,5-dichloro-N- 8270 10
(1,1-dimethyl-2-propynyl)-.
Propionitrile; Ethyl cyanide...... 107-12-0 Propanenitrile............... 8015 60
8260 150
Pyrene............................ 129-00-0 Pyrene....................... 8100 200
8270 10
Safrole........................... 94-59-7 1,3-Benzodioxole, 5-(2- 8270 10
propenyl)-.
Selenium.......................... (Total) Selenium..................... 6010 750
7740 20
7741 20
Silver............................ (Total) Silver....................... 6010 70
7760 100
7761 10
Silvex; 2,4,5-TP.................. 93-72-1 Propanoic acid, 2-(2,4,5- 8150 2
trichlorophenoxy)-.
Styrene........................... 100-42-5 Benzene, ethenyl-............ 8020 1
8021 0.1
8260 10
Sulfide........................... 18496-25-8 Sulfide...................... 9030 4000
2,4,5-T; 2,4,5-Trichlorophenoxyacetic 93-76-5 Acetic acid, (2,4,5- 8150 2
acid. trichlorophenoxy)-.
1,2,4,5-Tetrachlorobenzene........ 95-94-3 Benzene, 1,2,4,5-tetrachloro- 8270 10
1,1,1,2-Tetrachloroethane......... 630-20-6 Ethane, 1,1,1,2-tetrachloro-. 8010 5
8021 0.05
8260 5
1,1,2,2-Tetrachloroethane......... 79-34-5 Ethane, 1,1,2,2-tetrachloro-. 8010 0.5
8021 0.1
8260 5
Tetrachloroethylene; 127-18-4 Ethene, tetrachloro-......... 8010 0.5
Tetrachloroethene; Perchloroethylene. 8021 0.5
8260 5
2,3,4,6-Tetrachlorophenol......... 58-90-2 Phenol, 2,3,4,6-tetrachloro-. 8270 10
Thallium.......................... (Total) Thallium..................... 6010 400
7840 1000
7841 10
77
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Tin............................... (Total) Tin.......................... 6010 40
Toluene........................... 108-88-3 Benzene, methyl-............. 8020 2
8021 0.1
8260 5
o-Toluidine....................... 95-53-4 Benzenamine, 2-methyl-....... 8270 10
Toxaphene......................... See Note 10 Toxaphene.................... 8080 2
1,2,4-Trichlorobenzene............ 20-82-1 Benzene, 1,2,4-trichloro-.... 8021 0.3
8120 0.5
8260 10
8270 10
1,1,1-Trichloroethane; 71-55-6 Ethane, 1,1,1-trichloro-..... 8010 0.3
Methylchloroform. 8021 0.3
8260 5
1,1,2-Trichloroethane............. 79-00-5 Ethane, 1,1,2-trichloro-..... 8010 0.2
8260 5
Trichloroethylene; Trichloroethene 79-01-6 Ethene, trichloro-........... 8010 1
8021 0.2
8260 5
Trichlorofluoromethane; CFC-11.... 75-69-4 Methane, trichlorofluoro-.... 8010 10
8021 0.3
8260 5
2,4,5-Trichlorophenol............. 95-95-4 Phenol, 2,4,5-trichloro-..... 8270 10
2,4,6-Trichlorophenol............. 88-06-2 Phenol, 2,4,6-trichloro-..... 8040 5
8270 10
1,2,3-Trichloropropane............ 96-18-4 Propane, 1,2,3-trichloro-.... 8010 10
8021 5
8260 15
0,0,0-Triethyl phosphorothioate... 126-68-1 Phosphorothioic acid, 0,0,0- 8270 10
triethylester.
sym-Trinitrobenzene............... 99-35-4 Benzene, 1,3,5-trinitro-..... 8270 10
Vanadium.......................... (Total) Vanadium..................... 6010 80
7910 2000
7911 40
Vinyl acetate..................... 108-05-4 Acetic acid, ethenyl ester... 8260 50
Vinyl chloride; Chloroethene...... 75-01-4 Ethene, chloro-.............. 8010 2
8021 0.4
8260 10
Xylene (total).................... See Note 11 Benzene, dimethyl-........... 8020 5
8021 0.2
8260 5
Zinc.............................. Total) Zinc......................... 6010 20
7950 50
7951 0.5
-------------------------------------------------------------------------------------------------------
Notes
(1)
The regulatory requirements pertain only to the list of substances; the right hand columns
(Methods and PQL) re given for informational purposes only. See also footnotes 5 and 6.
(2)
Common names are those widely used in government regulations, scientific publications, and
ommerce; synonyms exist for many chemicals.
(3)
Chemical Abstracts Service registry number. Where ``Total'' is entered, all species in the
ground water that contain this element are included.
(4) CAS index are those used in the 9th Collective Index.
(5)
Suggested Methods refer to analytical procedure numbers used in EPA Report SW-846 ``Test
Methods for Evaluating Solid Waste'', third edition, November 1986, as revised, December 1987.
Analytical details can be found in SW-846 and in documentation on file at the agency. CAUTION:
The methods listed are representative SW-846 procedures and may not always be the most suitable
method(s) for monitoring an analyte under the regulations.
(6)
Practical Quantitation Limits (PQLs) are the lowest concentrations of analytes in ground
waters that can be realiably determined within specified limits of precision and accuracy by the
indicated methods under routine laboratory operating conditions. The PQLs listed are generally
stated to one significant figure. PQLs are based on 5 mL samples for volatile organics and 1 L
samples for semivolatile organics. CAUTION: The PQL values in many cases are based only on a
general estimate for the method and not on a determination for individual compounds; PQLs are
not a part of the regulation.
(7)
This substance is often called Bis(2-chloroisopropyl) ether, the name Chemical Abstracts
Service applies to its noncommercial isomer, Propane, 2,2"-oxybis[2-chloro- (CAS RN 39638-32-9).
78
(8)
Chlordane: This entry includes alpha-chlordane (CAS RN 5103-71-9), beta-chlordane (CAS RN
5103-74-2), gamma-chlordane (CAS RN 5566-34-7), and constituents of chlordane (CAS RN 57-74-9
and CAS RN 12789-03-6). PQL shown is for technical chlordane. PQLs of specific isomers are about
20 ppb by method 8270.
(9)
Polychlorinated biphenyls (CAS RN 1336-36-3); this category contains congener chemicals,
including constituents of Aroclor 1016 (CAS RN 12674-11-2), Aroclor 1221 (CAS RN 11104-28-2),
Aroclor 1232 (CAS RN 11141-16-5), Aroclor 1242 (CAS RN 53469-21-9), Aroclor 1248 (CAS RN 12672-
29-6), Aroclor 1254 (CAS RN 11097-69-1), and Aroclor 1260 (CAS RN 11096-82-5). The PQL shown is
an average value for PCB congeners.
(10)
Toxaphene: This entry includes congener chemicals contained in technical toxaphene (CAS RN
8001-35 2), i.e., chlorinated camphene.
(11)
Xylene (total): This entry includes o-xylene (CAS RN 96-47-6), m-xylene (CAS RN 108-38-3), p-
xylene (CAS RN 106-42-3), and unspecified xylenes (dimethylbenzenes) (CAS RN 1330-20-7). PQLs
for method 8021 are 0.2 for o-xylene and 0.1 for m- or p-xylene. The PQL for m-xylene is 2.0 ppb
by method 8020 or 8260.
79
APPENDIX C
CORRECTIVE ACTIONS PROGRAM
I.
Assessment of Corrective Measures
(a)
Within 90 days of finding that any of the constituents listed in Appendix B have been
detected at a statistically significant level exceeding the groundwater protection standards,
the owner or operator must initiate an assessment of corrective measures. Such an
assessment must be completed within a reasonable period of time.
(b)
The owner or operator must continue to monitor in accordance with the assessment
monitoring program.
(c)
The assessment shall include an analysis of the effectiveness of potential corrective
measures in meeting all of the requirements and objectives of the remedy, addressing at
least the following:
(1)
The performance, reliability, ease of implementation, and potential impacts of
appropriate potential remedies, including safety impacts, cross-media impacts, and
control of exposure to any residual contamination;
(2)
The time required to begin and complete the remedy;
(3)
The costs of remedy implementation; and
(4)
The institutional requirements such as State or local permit requirements or other
environmental or public health requirements that may substantially affect
implementation of the remedy(s).
(d)
The owner or operator must discuss the results of the corrective measures assessment, prior
to the selection of remedy, in a public meeting with interested and affected parties.
II.
Selection of Remedy
(a)
Based on the results of the corrective measures assessment, the owner or operator must
select a remedy that, at a minimum, meets the standards listed in paragraph (b) of this
section. The owner or operator must notify the Director, within 14 days of selecting a
remedy, that a report describing the selected remedy has been placed in the operating plan
and that it meets the standards in paragraph (b) of this section.
(b)
Remedies must:
(1)
Be protective of human health and the environment;
80
(2)
Attain the groundwater protection standard as specified pursuant to Rule 2.1.08.
(3)
Control the source(s) of releases so as to reduce or eliminate, to the maximum
extent practicable, further releases of Appendix B constituents into the environment
that may pose a threat to human health or the environment; and
(4)
Comply with standards for management of wastes as specified in Section III (d) of
this appendix.
(c)
In selecting a remedy that meets the standards of Section II (b), the owner or operator shall
consider the following evaluation factors:
(1)
The long and short-term effectiveness and protectiveness of the potential
remedy(s), along with the degree of certainty that the remedy will prove successful
based on consideration of the following:
(i)
Magnitude of reduction of existing risks;
(ii)
Magnitude of residual risks in terms of likelihood of further releases due to
waste remaining following implementation of a remedy;
(iii)
The type and degree of long-term management required, including
monitoring, operation, and maintenance;
(iv)
Short-term risks that might be posed to the community, workers, or the
environment during implementation of such a remedy, including potential
threats to human health and the environment associated with excavation,
transportation, and redisposal of contaminants;
(v)
Time until full protection is achieved;
(vi)
Potential for exposure of humans and environmental receptors to remaining
wastes, considering the potential threat to human health and the
environment associated with excavation, transportation, redisposal, or
containment;
(vii)
Long-term reliability of the engineering and institutional controls; and
(viii)
Potential need for replacement of the remedy.
(2)
The effectiveness of the remedy in controlling the source to reduce further releases
based on consideration of the following factors:
(i)
The extent to which containment practices will reduce further releases;
(ii)
The extent to which treatment technologies may be used.
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(3)
The ease or difficulty of implementing a potential remedy(s) based on
consideration of the following types of factors:
(i)
Degree of difficulty associated with constructing the technology;
(ii)
Expected operational reliability of the technologies;
(iii)
Need to coordinate with and obtain necessary approvals and permits from
other agencies;
(iv)
Availability of necessary equipment and specialists; and
(v)
Available capacity and location of needed treatment, storage, and disposal
services.
(4)
Practicable capability of the owner or operator, including a consideration of the
technical and economic capability.
(5)
The degree to which community concerns are addressed by a potential remedy(s).
(d)
The owner or operator shall specify as part of the selected remedy a schedule(s)for
initiating and completing remedial activities. Such a schedule must require the initiation of
remedial activities within a reasonable period of time, taking into consideration the factors
set forth in paragraphs (d)(1)-(8) of this section. The owner or operator must consider the
following factors in determining the schedule of remedial activities:
(1)
Extent and nature of contamination;
(2)
Practical capabilities of remedial technologies in achieving compliance with
groundwater protection standards established under Rule 2.1.08 and other
objectives of the remedy;
(3)
Availability of treatment or disposal capacity for wastes managed during
implementation of the remedy;
(4)
Desirability of utilizing technologies that are not currently available, but which may
offer significant advantages over already available technologies in terms of
effectiveness, reliability, safety, or ability to achieve remedial objectives;
(5)
Potential risks to human health and the environment from exposure to
contamination prior to completion of the remedy;
(6)
Resource value of the aquifer including:
(i)
Current and future uses;
82
(ii)
Proximity and withdrawal rate of users;
(iii)
Groundwater quantity and quality;
(iv)
The potential damage to wildlife, crops, vegetation, and physical structures
caused by exposure to waste constituents;
(v)
The hydrogeologic characteristic of the facility and surrounding land;
(vi)
Groundwater removal and treatment costs; and
(vii)
The cost and availability of alternative water supplies.
(7)
Practicable capability of the owner or operator.
(8)
Other relevant factors.
(e)
The Director may determine that remediation of a release of an Appendix B constituent
from a SWLF unit is not necessary if the owner or operator demonstrates to the satisfaction
of the Director that:
(1)
The groundwater is additionally contaminated by substances that have originated
from a source other than a SWLF unit, and those substances are present in
concentrations such that cleanup of the release from the SWLF unit would provide
no significant reduction in risk to actual or potential receptors; or
(2)
The constituent(s) present in groundwater:
(i)
Is not currently or reasonably expected to be a source of drinking water;
and
(ii)
Is not hydraulically connected with waters to which the hazardous
constituents are migrating or are likely to migrate in a concentration(s) that
would exceed the groundwater protection standards established under Rule
2.1.08; or
(3)
Remediation of the release(s) is technically impracticable; or
(4)
Remediation results in unacceptable cross-media impacts.
(f)
A determination by the Director pursuant to paragraph (e) of this Section shall not affect
the authority of the State to require the owner or operator to undertake source control
measures or other measures that may be necessary to eliminate or minimize further releases
to the groundwater, to prevent exposure to the groundwater, or to remediate the
83
groundwater to concentrations that are technically practicable and significantly reduce
threats to human health or the environment.
III.
Implementation of the Corrective Action Program
(a)
Based on the schedule established under Section II (d) for initiation and completion of
remedial activities, the owner/operator must:
(1)
Establish and implement a corrective action groundwater monitoring program that:
(i)
At a minimum, meets the requirements of an assessment monitoring
program;
(ii)
Indicates the effectiveness of the corrective action remedy; and
(iii)
Demonstrates compliance with the ground-water protection standard
pursuant to paragraph (e) of this section.
(2)
Implement the corrective action remedy selected under Section II; and
(3)
Take any interim measures necessary to ensure the protection of human health and
the environment. Interim measures should, to the greatest practicable, be consistent
with the objectives of and contribute to the performance of any remedy that may be
required pursuant to Section II. The following factors must be considered by an
owner or operator in determining whether interim measures are necessary:
(i)
Time required to develop and implement a final remedy;
(ii)
Actual or potential exposure of nearby populations or environmental
receptors to hazardous constituents;
(iii)
Actual or potential contamination of drinking water supplies or sensitive
ecosystems;
(iv)
Further degradation of the groundwater that may occur if remedial action is
not initiated expeditiously;
(v)
Weather conditions that may cause hazardous constituents to migrate or be
released;
(vi)
Risks of fire or explosion, or potential for exposure to hazardous
constituents as a result of an accident or failure of a container or handling
system; and
(vii)
Other situations that may pose threats to human health and the environment.
84
(b)
An owner or operator may determine, based on information developed after
implementation of the remedy has begun or other information, that compliance with
requirements of Section II(b) are not being achieved through the remedy selected. In such
cases, the owner or operator must implement other methods or techniques that could
practicably achieve compliance with the requirements, unless the owner or operator makes
the determination under Section III(c).
(c)
If the owner or operator determines that compliance with requirements under Section II(b)
cannot be practically achieved with any currently available methods, the owner or operator
must:
(1)
Obtain certification of a qualified groundwater scientist or approval by the Director
that compliance with requirements under Section II(b) cannot be practically
achieved with any currently available methods;
(2)
Implement alternate measures to control exposure of humans or the environment to
residual contamination, as necessary to protect human health and the environment;
and
(3)
Implement alternate measures for control of the sources of contamination, or for
removal or decontamination of equipment, units, devices, or structures that are:
(i)
Technically practicable; and
(ii)
Consistent with the overall objective of the remedy.
(4)
Notify the Director within 14 days that a report justifying the alternative measures
prior to implementing the alternative measures has been placed in the operating
plan.
(d)
All solid wastes that are managed pursuant to a remedy required under Section II, or an
interim measure required under Section III(a)(3), shall be managed in a manner:
(1)
That is protective of human health and the environment; and
(2)
That complies with applicable RCRA requirements.
(e)
Remedies selected pursuant to Section I shall be considered complete when:
(1)
The owner or operator complies with the groundwater protection standards
established under Rule 2.1.08 at all points within the plume of contamination that
lies beyond the groundwater monitoring well system established under Rule 2.1.08.
(2)
Compliance with the groundwater protection standards established under Rule
2.1.08 has been achieved by demonstrating that concentrations of Appendix B
constituents have not exceeded the groundwater protection standard(s) for a period
of three consecutive years using statistical procedures and performance standards.
85
The Director may specify an alternative length of time during which the owner or
operator must demonstrate that concentrations of Appendix B constituents have not
exceeded the groundwater protection standard(s) taking into consideration:
(i)
Extent and concentration of the release(s);
(ii)
Behavior characteristics of the hazardous constituents in the groundwater;
(iii)
Accuracy of monitoring or modeling techniques, including any seasonal,
meteorological, or other environmental variabilities that may affect the
accuracy; and
(iv)
Characteristics of the groundwater.
(3)
All actions required to complete the remedy have been satisfied.
(f)
Upon completion of the remedy, the owner or operator must notify the Director within 14
days that a certification that the remedy has been completed in compliance with the
requirements of Section III(e) has been placed in the operating plan. The certification must
be signed by the owner or operator and by a qualified groundwater scientist, or approved
by the Director.
(g)
Upon certification by the landfill owner or operator that the remedy has been completed in
compliance with Section III (e) and this certification is also signed by a qualified
groundwater scientist or approved by the Director, then the Department shall release the
landfill owner or operator from the requirements for financial assurance for corrective
action (per Appendix C, Section IV).
IV.
Financial Assurance for Corrective Action At A SWLF Unit
(a)
An owner or operator of a SWLF unit required to undertake a corrective action program,
must have a detailed written estimate, in current dollars, of the cost of hiring a third party to
perform the corrective action. The corrective action cost estimate must account for the total
cost of corrective action activities as described in the correction action remedy for the
entire corrective action period. The owner or operator must notify the Director that this
estimate has been placed in the landfill's operating record.
(b)
The owner or operator must annually adjust the corrective action cost estimate for inflation
until the corrective action program is completed.
(c)
The owner or operator must increase the corrective action cost estimate and the amount of
financial assurance provided, if changes in the corrective action program or landfill
conditions increase the maximum costs of corrective action.
(d)
The owner or operator may reduce the amount of the corrective action cost estimate and the
amount of financial assurance provided, if the cost estimate exceeds the maximum
86
remaining costs of corrective action. The owner or operator must notify the Director that
the justification for the reduction of the corrective action cost estimate and the amount of
financial assurance has been placed in the landfill's operating record.
(e)
The landfill owner or operator, required to undertake a corrective action program, must
establish financial assurance for the most recent corrective action program, in accordance
with Appendix D. The owner or operator must provide continuous corrective action
assurance until released from financial assurance requirements by demonstrating
compliance with and completion of corrective action remedies.
87
APPENDIX D
ALLOWABLE MECHANISMS FOR SWLF UNITS TO DEMONSTRATE FINANCIAL
ASSURANCE
The mechanisms to demonstrate financial assurance must ensure that the funds necessary to meet the costs
of closure, post-closure care, and corrective action for known releases, will be available whenever needed.
SWLF unit private and local government owners and operators must choose from the options below and
demonstrate compliance with one or more of these allowed mechanisms by April 9, 1997:
(a)
Trust Fund
(1)
A landfill owner or operator can establish a trust fund which conforms to the requirements of this
paragraph. The trustee must be an entity which has the authority to act as a trustee and whose trust
operations are regulated and examined by a Federal or State agency. A copy of the trust agreement
must be placed in the landfill's operating record.
(2)
Relative to trust funds for closure or post-closure care, payments into the trust fund must be made
annually by the landfill owner or operator over the term of the initial license or over the remaining
life of the landfill, whichever is shorter. Relative to a trust fund for corrective action, payments into
the trust fund must be made over one - half of the estimated length of the corrective action
program. This payment period is referred to as the pay-in period.
(3)
For a trust fund used to demonstrate financial assurance for closure or post-closure care, the first
payment into the fund must be at lease equal to the current cost estimate for closure or post-closure
care except as provided in paragraph (j), divided by the number of years in the pay-in period. The
amount of subsequent payments must be determined by the following formula:
Next Payment = CE - CV where:
Y
CE = Current cost estimate for closure or post-closure care (updated for inflation or other changes)
CV = Current value of the trust fund
Y = Number of years remaining in the pay-in period
(4)
For a trust fund used to demonstrate financial assurance for corrective action, the first payment into
the fund must be at least equal to one-half of the current cost estimate for corrective action, except
as provided in paragraph (j), divided by the number of years in the corrective action pay-in period.
The amount of subsequent payments must be determined by the following formula:
Next Payment = RB - CV where:
Y
RB = most recent estimate of the required trust fund balance for corrective action (i.e. the total
costs that will be incurred during the second half of the corrective action period) and CV,Y are
defined above.
88
(5)
Relative to trust funds for closure or post-closure care, the initial payment into the fund must be
made before the initial receipt of waste or by April 9, 1994, whichever is later. Relative to a trust
fund for corrective action, the initial payment must be made no later than 120 days after selection
of the corrective action remedy.
(6)
If the landfill owner or operator establishes a trust fund after using one or more alternate allowable
mechanisms to demonstrate financial assurance, then the initial payment into the trust fund must be
at least the amount the fund would contain if the trust fund had been established initially and
annual payments made according to (3) and (4) above.
(7)
The landfill owner or operator, or other person, business, or organization authorized to conduct
closure, post-closure care, or corrective action activities may request reimbursement from the
trustee for these expenditures. Requests for reimbursement will be granted by the trustee only if
sufficient funds remain in the trust fund to cover the remaining costs of closure, post-closure care,
or corrective action and if justification and documentation of the cost is placed in the landfill's
operating record. The owner or operator must notify the Director that documentation of the
justification for reimbursement has been placed in the operating record and that reimbursement has
been received.
(8)
The trust fund may be terminated by the landfill owner or operator only if he substitutes alternate
acceptable financial assurance or if he is no longer required to demonstrate financial assurance.
(b)
Surety Bond Guaranteeing Payment or Performance
(1)
A landfill owner or operator may demonstrate financial assurance for closure or post-
closure care by obtaining a payment or performance surety bond. An owner or operator
may demonstrate financial assurance for corrective action by obtaining a performance
bond. The bond must be effective before the initial receipt of waste or by April 9, 1994,
whichever is later, relative to closure or post-closure care, or not later than 120 days after
the corrective action remedy has been selected. The owner or operator must notify the
Director that a copy of the bond has been placed in the landfill's operating record. The
surety company issuing the bond must, at a minimum, be among those listed as acceptable
sureties on Federal bonds in Circular 570 of the U.S. Department of Treasury.
(2)
The penal sum of the bond must be in an amount at least equal to the current cost estimate
for closure, post-closure or corrective action, whichever is applicable, except as provided in
section (k) of this appendix.
(3)
Under terms of the bond, the surety will become liable on the bond obligation when the
owner or operator fails to perform as guaranteed by the bond.
(4)
The owner or operator must establish a standby trust fund, which meets the requirements of
section (a) of this appendix, except the requirements for initial payment and subsequent
annual payments in (2) - (5) of section (a).
89
(5)
Payments made under terms of the bond will be deposited by the surety directly into the
standby trust fund. Payments from the trust fund must be approved by the trustee.
(6)
Under terms of the bond, the surety may cancel the bond by sending notice of cancellation
by certified mail to the landfill owner and operator and to the Director at least 120 days in
advance of cancellation. If the surety cancels the bond, the landfill owner or operator must
obtain alternate acceptable financial assurance.
(7)
The landfill owner or operator may cancel the bond only if alternate acceptable financial
assurance is substituted or if the owner or operator is no longer required to demonstrate
financial assurance.
(c)
Letter of Credit
(1)
A landfill owner or operator may obtain an irrevocable standby letter of credit. It must be
effective before the initial receipt of waste or by April 9, 1994, whichever is later, relative
to closure or post-closure care, or no later than 120days after the corrective action remedy
has been selected. The owner or operator must notify the Director that a copy of the letter
of credit has been placed in the landfill's operating record. The issuing institution must be
an entity which has the authority to issue letters of credit and whose letter-of-credit
operations are regulated and examined by a Federal or State agency.
(2)
A letter from the owner or operator referring to the letter of credit by number, issuing
institution, and date and providing the name and address of the facility and amount of funds
assured, must be included with the letter of credit in the landfill operating record.
(3)
The letter of credit must be irrevocable and issued for a period of at least one year in an
amount at least equal to the current cost estimate for closure, post-closure, or corrective
action, whichever is applicable, except as provided in section (a) of this appendix. The
letter of credit must provide for an automatic extension of the expiration date for at least
one year, unless the issuing institution has canceled the letter of credit by sending a notice
of cancellation by certified mail to the landfill owner and operator and to the Director at
least 120 days in advance of cancellation. If the letter of credit is canceled by the issuing
institution, the landfill owner or operator must obtain alternate acceptable financial
assurance.
(4)
The landfill owner or operator may cancel the letter of credit only if alternate acceptable
financial assurance is substituted or if the owner or operator is no longer required to
demonstrate financial assurance.
(d)
Insurance
90
(1)
The landfill owner or operator may demonstrate financial assurance for closure and post-
closure care by obtaining insurance which is effective before the initial receipt of waste or
by April 9, 1994, whichever is later. At a minimum, the insurer must be licensed to
transact the business of insurance or must be eligible to provide insurance as an excess or
surplus lines insurer, in one or more states. The owner or operator must notify the Director
that a copy of the insurance policy has been placed in the landfill operating record.
(2)
The closure or post-closure care insurance policy must guarantee that funds will be
available to close the landfill whenever final closure occurs or to provide post-closure care
for the landfill whenever the post-closure care period begins, whichever applies. The
policy must also guarantee that once closure or post-closure care begins, the insurer will be
responsible for the paying out of funds to the landfill owner or operator or other person,
organization or business authorized to conduct closure or post-closure care, up to an
amount equal to the face amount of the policy.
(3)
The insurance policy must be issued for a face amount at lease equal to the current cost
estimate for closure or post-closure care, whichever is applicable, except as provided in
section (a) of this appendix. The term, "face amount" means the total amount the insurer is
obligated to pay under the policy. Actual payments by the insurer will not change the face
amount, although the insurer's future liability will be lowered by the amount of payments.
(4)
The landfill owner or operator or other person authorized to conduct closure or post-closure
care, may receive reimbursements for closure or post-closure expenditures, whichever
applies. Requests for reimbursement will be granted by the insurer only if the remaining
value of the policy is sufficient to cover the remaining costs of closure or post-closure care,
and if justification and documentation of the cost is placed in the landfill's operating record.
The owner or operator must notify the Director that the documentation of the justification
for reimbursement has been placed in the landfill's operating record and that reimbursement
has been received.
(5)
Each insurance policy must contain a provision allowing assignment of the policy to a
successor landfill owner or operator. Such assignment may be conditional upon consent of
the insurer, provided that such content is not unreasonable refused.
(6)
The insurance policy must provide that the insurer will not cancel, terminate, or fail to
renew the policy except for failure to pay the premium. The automatic renewal of the
policy must, at minimum, provide the insured with the option of renewal at the face amount
of the expiring policy. If there is a failure to pay the premium, then the insurer may cancel
the policy by sending notice of cancellation by certified mail to the landfill owner and
operator and to the Director at least 120 days in advance of cancellation. If the insurer
cancels the policy, then the landfill owner or operator must obtain alternate acceptable
financial assurance.
(7)
For insurance policies providing coverage for post-closure care, commencing on the date
that liability to make payments pursuant to the policy accrues, the insurer will thereafter
annually increase the face amount of the policy. Such increase must be equivalent to the
91
face amount of the policy, less any payments made, multiplied by an amount equivalent to
85 percent of the most recent investment rate or of the equivalent coupon issue yield
announced by the U.S. Dept. of the Treasury for 26-week treasury securities.
(8)
The landfill owner or operator may cancel the insurance policy only if alternate acceptable
financial assurance is substituted or if the owner or operator is no longer required to
demonstrate financial assurance.
(e)
Corporate Financial Test (Reserved)
(f)
Local Government Financial Test
A local government owner or operator that satisfies the requirements of paragraphs (f) (1) through
(3) of this section may demonstrate financial assurance up to the amount specified in paragraph (f)
(4) of this section.
(1)
Financial Component
(i)
The owner or operator must satisfy either (i) (A) or (i) (B).
(A)
If the owner or operator has outstanding general obligation bonds, it must
have a current Moody's rating of Aaa, Aa, A, or Baa or a current Standard
and Poor's rating of AAA, AA, A, or BBB, on all outstanding general
obligation bonds.
(B)
If the owner does not have outstanding general obligation bonds, it must
satisfy each of the following financial ratios:
(1)
A ratio of cash plus marketable securities to total expenditures
greater than or equal to 0.05; and
(2)
A ratio of annual debt service to total expenditures less than an
equal to 0.20; and
(3)
A ratio of long-term debt issued and outstanding to capital
expenditures less than or equal to 2.00.
(ii)
The owner or operator must prepare its financial statements in conformity with
General Accepted Accounting Principles for governments.
(iii)
An owner or operator is not eligible to assure its obligations under this paragraph
(f) if any of the following apply to the owner or operator:
(A)
Is currently in default on any outstanding general obligation bonds; or
92
(B)
Has one or more outstanding general obligation bonds with a Moody's
rating lower than Baa or with a Standard and Poor's rating lower than BBB;
or
(C)
Operated at a deficit equal to five percent or more of total annual revenue in
either of the past two fiscal years; or
(D)
Receives an adverse opinion, disclaimer of opinion, or other qualified
opinion from the independent certified public accountant (or appropriate
State agency) auditing its financial statement as required under paragraph
(f)(1)(ii) of this section. However, the Director may evaluate qualified
opinions on a case-by-case basis and allow use of the financial test in cases
where the Director deems the qualification insufficient to warrant
disallowance of the test.
(2)
Public Notice Component
The local government owner or operator must place a reference to the closure, post-closure
care, or corrective action costs assured through the financial test into its most recent
comprehensive annual financial report or budget. Relative to closure and post-closure care,
this reference must be included by April 9, 1997 or prior to the initial receipt of waste at the
facility, whichever is later. Relative to corrective action, this reference must be included
not later than 120 days after an acceptable corrective action remedy has been selected. The
reference must include the amount of each cost estimate and the year(s) in which the local
government expects these costs to be incurred. References in the budget must occur as
budgeted line items if the activities are to occur in the period covered by the budget, but
may appear in a supplemental data section if the activities will not occur until after the
period covered by the budget.
(3)
Recordkeeping and Reporting Requirements
(i)
The local government owner or operator must place the following items in the
facility's operating record:
(A)
A letter signed by the local government's Chief Financial Officer that:
(1)
Lists all the current cost estimates covered by a financial test, as
described in paragraph (f)(2) of this section;
(2)
Provides evidence and certifies that the local government meets the
conditions of either paragraph (f)(1)(i) or (f)(1)(ii) of this section,
and
(3)
Certifies that the local government meets the conditions of
paragraph (f)(4) of this section.
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(B)
The local government's independently audited year-end financial statements
for the latest fiscal year, including the unqualified opinion of the auditor
who must be an independent, certified public accountant or an appropriate
State agency that conducts equivalent comprehensive audits; and
(C)
A report to the local government from the local government's independent
certified public accountant or the appropriate State agency stating that:
(1)
The certified public accountant or State agency has compared the
data in the chief financial officer's independently audited, year-end
financial statements for the latest fiscal year, and
(2)
In connection with that examination, no matters came to his
attention which caused him to believe that the data in the chief
financial officer's letter should be adjusted.
(ii)
The items required in paragraph (f)(3)(i) of this section must be placed in the
facility operating record as follows:
(A)
Relative to closure and post-closure care, before April 9, 1997 or prior to
the initial receipt of waste at the facility, whichever is later; or
(B)
Relative to corrective action, not later than 120 days after an acceptable
corrective action remedy is selected.
(iii)
After placement of the paragraph (f)(3)(i) items in the facility's operating record,
the local government owner or operator must at least annually update this
information and place the updated information in the facility's operating record
within 90 days following the end of the owner or operator's fiscal year.
(iv)
The local government owner or operator is no longer required to meet the
requirements of paragraph (f)(3(v) of this section when either:
(A)
The owner or operator substitutes alternate financial assurance as specified
in paragraph (f)(3)(v) of this section; or
(B)
The owner or operator is released from the requirements of this section in
accordance with Rule 2.1.09 and appendix C.
(v)
A local government must satisfy the requirements of the financial test at the close
of each fiscal year. If the local government owner or operator no longer meets the
requirements of the local government financial test, it must, within 120 days
following the end of the owner or operator's fiscal year, obtain alternative financial
assurance that meets the requirements of this section, place the required
submissions for assurance in the facility operating record, and notify the Director
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that the owner or operator no longer meets the criteria of the financial test and that
alternate financial assurance has been obtained.
(vi)
The Director, based on a reasonable belief that the local government owner or
operator no longer meets the requirements of the local government financial test,
may at any time require additional reports of financial condition from the local
government. If the Director finds, on the basis of such reports or other information,
that the owner or operator no longer meets the requirements of the local
government financial test, then the local government must provide alternate
financial assurance in accordance with paragraph (f)(3)(v) of this section.
(4)
Calculation of Costs to be Assured
The portion of the closure, post-closure, and corrective action costs for which an owner or
operator can assure under this paragraph (f)(4) is determined as follows:
(i)
If the local government owner or operator does not assure other environmental obligations
through a financial test, it may assure closure, post-closure, and corrective action costs that
equal up to 43 percent of the local government's total annual revenue.
(ii)
If the local government assures other environmental obligations through a financial test,
including those associated with UIC facilities under 40 CFR Part 144.62, petroleum
underground storage tank facilities under 40 CFR Part 280, PCB storage facilities under 40
CFR Part 761, and hazardous waste treatment, storage, and disposal facilities under 40
CFR Parts 264 and 265, it must add those costs to the closure, post-closure and corrective
action costs it seeks to assure under this paragraph (f)(4). The total must not exceed 43
percent of the local government's total annual revenue.
(iii)
The owner or operator must obtain an alternate financial assurance instrument for those
costs that exceed the limits set in paragraph (f)(4)(ii) and (iii) of this section.
(g)
Reserved
(h)
Local Government Guarantee
An owner or operator may demonstrate financial assurance for closure, post-closure, and corrective
action, as required by Rule 2.1.09 and Appendix C, by obtaining a written guarantee provided by a
local government. The guarantor must meet the requirements of the local government financial test
in paragraph (f) of this section, and must comply with the terms of a written guarantee.
(1)
Terms of the Written Guarantee
Relative to closure and post-closure care, the guarantee must be effective before April 9,
1997 or before the initial receipt of waste, whichever is later. Relative to corrective action,
the guarantee must be no later than 120 days after an acceptable corrective action remedy
has been selected. The guarantee must provide that:
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(i)
If the owner or operator fails to perform closure, post-closure care, and/or
corrective action of a facility covered by the guarantee, the guarantor will either:
(A)
Perform, or pay a third party to perform, closure, post-closure care, and/or
corrective action as required; or
(B)
Establish a fully funded trust fund, as specified in paragraph (a) of this
section, in the name of the owner or operator.
(ii)
The guarantee will remain in force unless the guarantor sends notice of cancellation
by certified mail to the owner or operator and to the Director. Cancellation may not
occur, however, during the 120 days beginning on the date of receipt of the notice
of cancellation by both the owner or operator and the Director, as evidenced by the
return receipts.
(iii)
If a guarantee is canceled, the owner or operator must, within 90 days following
receipt of the cancellation notice by the owner or operator and the Director, obtain
alternate financial assurance, place evidence of that alternate financial assurance in
the facility operating record, and notify the Director. If the owner or operator fails
to provide alternate financial assurance within the 90 day period, the guarantor
must provide that alternate assurance within 120 days following the close of the
guarantor's fiscal year, obtain alternative assurance, place evidence of the alternate
assurance in the facility operating record, and notify the Director.
(2)
Recordkeeping and Reporting
(i)
Relative to closure and post-closure care, the owner or operator must place a
certified copy of the guarantee, along with the items required within paragraph
(f)(3) of this section, into the facility's operating record before April 9, 1997 or
before the initial receipt of waste, whichever is later. Relative to corrective action,
this certified copy and items must be placed into the facility's operating record no
later than 120 days after an acceptable corrective action remedy has been selected.
(ii)
The owner or operator is no longer required to maintain the items specified in
paragraph (h)(1) of this section when either:
(A)
The owner or operator substitutes alternate financial assurance as specified
in this section; or
(B)
The owner or operator is released from the requirements of this section in
accordance with Rule 2.1.09 and Appendix C.
(iii)
If a local government guarantor no longer meets the requirements of paragraph
(f)(1) of this section, the owner or operator must, within 90 days following the end
of the guarantor's fiscal year, obtain alternative assurance, place evidence of the
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alternate assurance in the facility's operating record, and notify the Director. If the
owner or operator fails to provide alternate financial assurance within the 90-day
period, the guarantor must provide that alternate assurance within 120 days.
(i)
State-Approved Mechanism
An owner or operator may satisfy the requirements of this section by obtaining any other
mechanism that meets the criteria specified in Appendix D and that is approved by the Director.
(j)
State Assumption of Responsibility
If the Director either assumes legal responsibility for an owner or operator's compliance with
closure, post-closure care and/or corrective action requirements or assures that funds will be
available from State sources to cover these requirements, then the owner or operator will be in
compliance with the requirements of this section. Any assumption of this responsibility, by the
Director, must meet the criteria specified in Appendix D. The owner or operator will not be
relieved of this responsibility, except if the Director assumes the responsibility and declares such
responsibility, in writing, to the owner or operator or their representative or successor.
(k)
Use of Multiple Mechanisms
An owner or operator may demonstrate financial assurance for closure, post-closure, and corrective
action, as required by Rule 2.1.09 and Appendix C, by establishing more than one financial
mechanism per facility, except that mechanisms guaranteeing performance, rather than payment,
may not be combined with other instruments. The mechanisms must be as specified in paragraphs
(a), (b), (c), (d), (e), (f), (g), (h), (i), and (j) of this section, except that financial assurance for an
amount at least equal to the current cost estimate for closure, post-closure care, and/or corrective
action may be provided by a combination of mechanism, rather than a single mechanism.
(l)
Other Requirements of the Financial Mechanisms
(1)
The financial assurance mechanisms must ensure that the amount of funds assured is
sufficient to cover the cost of closure, post-closure care, and corrective action for known
releases when needed and will be available in a timely fashion when needed.
(2)
The financial assurance mechanisms must be obtained by the owner or operator by the
effective date of these requirements or prior to the initial receipt of solid waste, whichever
is later, in the case of closure and post-closure care, and no later than 120 days after the
corrective action remedy has been properly selected, until the Director releases the owner
or operator from financial assurance requirements, per Rule 2.1.09 and Appendix C.
(3)
The financial assurance mechanisms must be legally valid, binding, and enforceable under
State and Federal law.