Ala. Admin. Code r. 335-14-6-.12 - Waste Piles

(1) Applicability. The requirements of apply to owners and operators of facilities that treat or store hazardous waste in piles, except as 335-14-6-.01(1) provides otherwise. Alternately, a pile of hazardous waste may be managed as a landfill under Rule 335-14-6-.14.

(2) Protection from wind. The owner or operator of a pile containing hazardous waste which could be subject to dispersal by wind must cover or otherwise manage the pile so that wind dispersal is controlled.

(3) Waste analysis. In addition to the waste analyses required by Rule 335-14-6-.02(4), the owner or operator must analyze a representative sample of waste from each incoming movement before adding the waste to any existing pile, unless:

(a) The only wastes the facility receives which are amenable to piling are compatible with each other; or

(b) The waste received is compatible with the waste in the pile to which it is to be added. The analysis conducted must be capable of differentiating between the types of hazardous waste the owner or operator places in piles, so that mixing of incompatible waste does not inadvertently occur. The analysis must include a visual comparison of color and texture.

(4) Containment.

(a) The owner or operator must visually inspect the waste pile at least weekly for run-off and leachate and document the inspections in an inspection log as required by Rule 335-14-6-.02(6)(d). If leachate or run-off from a pile is a hazardous waste, then either:

1. The pile must be placed on an impermeable base that is compatible with the waste under the conditions of treatment or storage;

2. The owner or operator must design, construct, operate, and maintain a run-on control system capable of preventing flow onto the active portion of the pile during peak discharge from at least a 25-year storm;

3. The owner or operator must design, construct, operate, and maintain a run-off management system to collect and control at least the water volume resulting from a 24-hour, 25-year storm; and

4. Collection and holding facilities (e.g., tanks or basins) associated with run-on and run-off control systems must be emptied or otherwise managed expeditiously to maintain design capacity of the system; or

(b)

1. The pile must be protected from precipitation and run-on by some other means; and

2. No liquids or wastes containing free liquids may be placed in the pile.

(5) Design and operating requirements.

(a) The owner or operator of each new waste pile unit on which construction commences after January 29, 1992, each lateral expansion of a waste pile unit on which construction commences after July 29, 1992, and each such replacement of an existing waste pile unit that is to commence reuse after July 29, 1992 must install two or more liners and a leachate collection and removal system above and between such liners, and operate the leachate collection and removal systems, in accordance with 335-14-5-.12(2)(c), unless exempted under 335-14-5-.12(2)(d), (e), or (f); and must comply with the procedures of 335-14-6-.12(2)(b). "Construction commences" is as defined in 335-14-1-.02 under "existing facility".

(b) Reserved.

(6) Action leakage rate.

(a) The owner or operator of waste pile units subject to 335-14-6-.12(5) must submit a proposed action leakage rate to the Director when submitting the notice required under 335-14-6-.12(5). Within 60 days of receipt of the notification, the Director will: establish an action leakage rate, either as proposed by the owner or operator or modified using the criteria in 335-14-6-.12(6); or extend the review period for up to 30 days. If no action is taken by the Director before the original 60 or extended 90 day review periods, the action leakage rate will be approved as proposed by the owner or operator.

(b) The Director shall approve an action leakage rate for waste pile units subject to 335-14-6-.12(5). The action leakage rate is the maximum design flow rate that the leak detection system (LDS) can remove without the fluid head on the bottom liner exceeding one foot. The action leakage rate must include an adequate safety margin to allow for uncertainties in the design (e.g., slope, hydraulic conductivity, thickness of drainage material), construction, operation, and location of the LDS, waste and leachate characteristics, likelihood and amount of other sources of liquids in the LDS, and proposed response actions (e.g., the action leakage rate must consider decreases in the flow capacity of the system over time resulting from siltation and clogging, rib layover and creep of synthetic components of the system, overburden pressures, etc.).

(c) To determine if the action leakage rate has been exceeded, the owner or operator must covert the weekly flow rate from the monitoring data obtained under 335-14-6-.12(11), to an average daily flow rate (gallons per acre per day) for each sump. Unless the Director approves a different calculation, the average daily flow rate for each sump must be calculated weekly during the active life and closure period.

(7) Special requirements for ignitable or reactive wastes.

(a) Ignitable or reactive waste must not be placed in a pile, unless the waste and pile satisfy all applicable requirements of Chapter 335-14-9, and:

1. Addition of the waste to an existing pile:

(i) Results in the waste or mixture no longer meeting the definition of ignitable or reactive waste under 335-14-2-.03(2) and (4); and

(ii) Complies with 335-14-6-.02(8)(b); or

2. The waste is managed in such a way that it is protected from any material or conditions which may cause it to ignite or react.

(8) Special requirements for incompatible wastes.

(a) Incompatible wastes, or incompatible wastes and materials, (see 335-14-6 - Appendix V for examples) must not be placed in the same pile, unless 335-14-6-.02(8)(b) is complied with.

(b) A pile of hazardous waste that is incompatible with any waste or other material stored nearby in other containers, piles, open tanks, or surface impoundments must be separated from other materials, or protected from them by means of a dike, berm, wall, or other device.

(c) Hazardous waste must not be piled on the same area where incompatible wastes or materials were previously piled, unless that area has been decontaminated sufficiently to ensure compliance with 335-14-6-.02(8)(b).

(9) Closure and post-closure care.

(a) At closure, the owner or operator must remove or decontaminate all waste residues, contaminated containment system components (liners, etc.), contaminated subsoils, and structures and equipment contaminated with waste and leachate, and manage them as hazardous waste unless 335-14-2-.01(3)(d) applies; or

(b) If, after removing or decontaminating all residues and making all reasonable efforts to effect removal or decontamination of contaminated components, subsoils, structures and equipment as required in 335-14-6-.12(9)(a), the owner or operator finds that not all contaminated subsoils can be practicably removed or decontaminated, he must close the facility and perform post-closure care in accordance with the closure and post-closure requirements that apply to landfills [335-14-6-.14(11)] .

(10) Response actions.

(a) The owner or operator of waste pile units subject to 335-14-6-.12(5) must develop and keep on-site until closure of the facility a response action plan. The response action plan must set forth the actions to be taken if the action leakage rate has been exceeded. At a minimum, the response action plan must describe the actions specified in 335-14-6-.12(10)(b).

(b) If the flow rate into the leak determination system exceeds the action leakage rate for any sump, the owner or operator must:

1. Notify the Director in writing of the exceedence within seven days of the determination;

2. Submit a preliminary written assessment to the Director within 14 days of the determination, as to the amount of liquids, likely sources of liquids, possible location, size, and cause of any leaks, and short-term actions taken and planned;

3. Determine to the extent practicable the location, size, and cause of any leak;

4. Determine whether waste receipts should cease or be curtailed, whether any waste should be removed from the unit for inspection, repairs, or controls, and whether or not the unit should be closed;

5. Determine any other short-term and longer-term actions to be taken to mitigate or stop any leaks; and

6. Within 30 days after the notification that the action leakage rate has been exceeded, submit to the Director the results of the analyses specified in (10) (b)3., 4., and 5., the results of actions taken, and actions planned. Monthly thereafter, as long as the flow rate in the leak detection system exceeds the action leakage rate, the owner or operator must submit to the Director a report summarizing the results of any remedial actions taken and actions planned.

(c) To make the leak and/or remediation determinations in 335-14-6-.12(10)(b)3., 4., and 5., the owner or operator must:

1.

(i) Assess the source of liquids and amounts of liquids by source,

(ii) Conduct a fingerprint, hazardous constituent, or other analyses of the liquids in the leak detection system to identify the source of liquids and possible location of any leaks, and the hazard and mobility of the liquid; and

(iii) Assess the seriousness of any leaks in terms of potential for escaping into the environment; or

2. Document why such assessments are not needed.

(11) Monitoring and inspection.

(a) An owner or operator required to have a leak detection system under 335-14-6-.12(5) must record the amount of liquids removed from each leak detection system sump at least once each week during the active life and closure period.

(b) Reserved.

Notes

Ala. Admin. Code r. 335-14-6-.12

November 19, 1980. Amended: October 12, 1983; September 29, 1986; August 24, 198 9; December 6, 1990; January 1, 1993. Amended: Filed: November 30, 1994 effective January 5, 1995. Amended: Filed March 9, 2001; effective April 13, 2001. Amended: Filed February 8, 2002; effective March 15, 2002. Amended: Filed March 13, 2003; effective April 17, 2003. Amended: February 28, 2006; effective April 4, 2006. Amended: February 27, 2007; effective April 3, 2007.

Authors: Stephen C. Maurer, C. Edwin Johnston, Michael B. Champion, Bradley N. Curvin, Theresa A. Maines

Statutory Authority: Code of Ala. 1975, §§ 22-30-11, 22-30-16.