Ga. Comp. R. & Regs. R. 391-3-4-.04 - General. Amended

(1) No person shall engage in solid waste handling in a manner which will be conducive to insect and rodent infestation or the harboring and feeding of wild dogs or other animals; impair the air quality; impair the quality of the ground or surface waters; impair the quality of the environment; or likely create other hazards to the public health, safety, or well- being as may be determined by the Director.

(2) Provisions of these Rules apply to all persons presently engaged in solid waste handling as well as all persons proposing to engage in solid waste handling.

(3) Exemptions: provisions of these Rules shall not apply to any individual disposing of solid wastes originating from his own residence onto land or facilities owned by him when disposal of such wastes does not thereby adversely affect the public health. These Rules shall not apply to any individual, corporation, partnership, or cooperative disposing of livestock feeding facility waste from facilities with a total capacity of up to 1,000 cattle or 5,000 swine. Provided that if such individual, corporation, partnership, or cooperative shall provide an approved waste disposal system which is capable of properly disposing of the run-off from a "ten year storm" such individual, corporation, partnership or cooperative shall be further exempt regardless of total per head capacity. Nothing in these Rules shall limit the right of any person to use poultry or other animal manure for fertilizer.

(4) Prohibited Acts:

(a) Burning: no solid waste may be burned at a solid waste handling facility, except by thermal treatment technology facility approved by the Division.

(b) Scavenging: no person owning or operating a solid waste handling facility shall cause, suffer, allow or permit scavenging at such site.

(c) Open Dump: no solid waste may be disposed of by any person in an open dump, nor may any person cause, suffer, allow or permit open dumping on his property.

(d) Asphalt Shingles: no roofing shingles which contain asphalt may be disposed of except in construction and demolition or municipal solid waste landfills.

(5) The owner or occupant of any premises, office, business establishment, institution, industry, or similar facilities shall be responsible for the collection and transportation of all solid waste accumulated at the premises, office, business establishment, institution, or similar facility to a solid waste handling facility operating in compliance with these Rules unless arrangements have been made for such service with a collector operating in compliance with these Rules.

(6) Prohibited Wastes Disposal:

(a) If, because of unusual physical or chemical properties, or geological or hydrogeological conditions, or for other reasons, the Division finds that solid waste should not be accepted at a solid waste handling facility, the Division may require that such waste be prohibited, and that a proposal for disposal of such waste, with supporting data as may be deemed necessary, be submitted by the generator of such waste for consideration of approval by the Division. The prohibition of such waste shall continue in effect until an acceptable procedure for processing or disposal has been developed and approved.

(b) The following solid wastes are specifically prohibited from disposal at solid waste disposal facilities in Georgia:

1. lead acid batteries;

2. liquid waste in landfills, except as allowed in (9) below;

3. regulated quantities of hazardous waste as defined in Rules promulgated by the Board of Natural Resources, Chapter 391-3-11;

4. radioactive waste as defined in Rules promulgated by the Board of Natural Resources, Chapter 391-3-9, Radioactive Waste Material Disposal; and

5. polychlorinated biphenyls (PCB) waste as defined in 40 CFR, Part 761.

(c) Any generator who disposes of a prohibited waste or person who accepts for disposal a prohibited waste shall be deemed to be in violation of these Rules.

(7) Recovered Materials:

(a) Recovered materials and recovered materials processing facilities are excluded from regulation as solid wastes and solid waste handling facilities. To be considered exempt from regulation, the material must have a known use, reuse, or recycling potential; must be feasibly used, reused, or recycled; and must have been diverted or removed from the solid waste stream for sale, use, reuse, or recycling, whether or not requiring subsequent separation and processing. Stockpiles of unprocessed yard trimmings, land-clearing debris, untreated and unpainted wood, or any combination thereof and mulch are considered recovered materials if the requirements for facilities with mulching operations as set forth in 391-3-4-.04(7)(g) are met.

(b) Materials accumulated speculatively are solid waste and must comply with all applicable provisions of these regulations.

(c) A recovered material is not accumulated speculatively if the person accumulating it can show that there is a known use, reuse, or recycling potential for the material, that the material can be feasibly sold, used, reused, or recycled and that during a rolling 12 month period seventy-five percent (75%), by weight or volume, of the recovered material stored at a facility is recycled, sold, used, or reused. Any material that is accumulated speculatively and not in accordance with these requirements must be handled as solid waste.

(d) Proof of recycling, sale, use, or reuse shall be provided in the form of bills of sale, or other records showing adequate proof of movement of the material in question to a recognized recycling facility or for proper use or reuse from the accumulation point. In addition, proof must be provided that there is a known market or disposition for the recovered material. Persons claiming that they are owners or operators of recovered materials processing facilities must show that they have the necessary equipment to do so.

(e) A recovered material is "sold" if the generator of the recovered material or the person who recovered the material from the solid waste stream received consideration or compensation for the material because of its inherent value.

(f) A recovered material is "used, reused or recycled" if it is either:

1. Employed as an ingredient (including use as an intermediate) in a process to make a product (for example, utilizing old newspaper to make new paper products) or

2. Employed in the same or different fashion as its original intended purpose without physically changing its composition (for example, use of old automobiles for spare parts or donation of clothing or furniture to charitable organizations) or

3. Employed in a particular function or application as an effective substitute for a commercial product (for example, utilizing shredded tires in asphalt or utilizing refuse - derived fuel as a substitute for fuel oil, natural gas, coal, or wood in a boiler or industrial furnace) as long as such substitution does not pose a threat to human health or the environment and so long as the facility is not a solid waste thermal treatment facility.

4. A material is not "used, reused or recycled" when it is applied to or placed on or in the land in a manner that constitutes disposal which, in the opinion of the Director, may pose a threat to human health and the environment (for example, utilizing soil containing levels of hazardous constituents, as listed in Chapter 391-3-11, 40 CFR Part 261, Appendix VIII for fill material when those levels are greater than the background levels in the area to be filled, land applying sludge in excess of generally accepted agricultural practices or use of inherently waste-like materials as fill material).

(g) Mulching is considered a recovered material operation at facilities demonstrating compliance with the following criteria:

1. A stockpile must have no greater than the following maximum dimensions:

(I) Area: 25,000 square feet

(II) Height: 25 feet

2. Unprocessed yard trimmings, land-clearing debris, untreated and unpainted wood or any combination thereof, must be processed no later than 90 days after receipt, unless otherwise stated in the Solid Waste Handling Permit.

3. Mulch is not accumulated speculatively if the person accumulating it can show that there is a known use, reuse, or recycling potential for the material; that the material can be feasibly sold, used, reused, or recycled; and that during a rolling 12 month period seventy-five percent (75%) by weight or volume of the products stored at a facility are recycled, sold, used, or reused. Any material that is accumulated speculatively and not in accordance with these requirements must be handled as solid waste.

4. The facility shall have on site a fire plan detailing steps to prevent, contain and extinguish a fire. The fire plan shall include documentation that the local fire authority or a Georgia State Certified Fire Inspector conducted a fire safety survey.

5. Activities involving open flames and other flammable materials (oil, gas, fuel) shall not be allowed within 25 feet of a stockpile, with the exception of maintenance activities involving torches and welding equipment, as long as a fireproof barrier is used.

6. The facility must provide a buffer between unprocessed yard trimmings, land-clearing debris, untreated and unpainted wood, mulch, and any combination thereof and the property line. The buffer shall be set by the local fire authority or a Georgia State Certified Fire Inspector and documented in the fire plan. If the local fire authority or a Georgia State Certified Fire Inspector does not establish a buffer, the minimum buffer shall be 50 feet. The buffer may include the fire lane.

7. The facility shall utilize best management practices from the most recent edition of the Georgia Stormwater Management Manual to minimize the exposure of material storage areas to rain, snow, snowmelt, and runoff.

8. The facility shall have erosion and sediment control measures adequate to prevent the escape of sediment from the facility property into Waters of the State. Construction and operating areas must utilize best management practices from the most recent edition of the Manual for Erosion and Sedimentation Control in Georgia.

9. Existing facilities producing mulch that have stockpiles of unprocessed yard trimmings, land clearing debris, untreated and unpainted wood, mulch, or any combination thereof on the effective date of this rule shall comply with the above sections (g) 1.- 8. within 6 months of the effective date of the rule.

(h) Dimension Stone Fines and Spalls Used as Recovered Material must comply with the following:

1. Section 391-3-4-.04(7)(a) through (f), and Section 391-3-4-.04(7)(h), of the Georgia Rules for Solid Waste Management.

2. Stone fines and spalls storage areas shall have erosion and sediment control measures adequate to prevent the escape of sediment from the facility property into Waters of the State and must utilize best management practices from the most recent edition of the Manual for Erosion and Sedimentation Control in Georgia.

3. Best management practices from the most recent edition of the Georgia Stormwater Management Manual must be applied to minimize and mitigate the exposure of Stone Fines and Spalls storage areas to rain, snow, snowmelt, and runoff.

4. Record-keeping: For dimension stone fines and spalls generated at a facility and used as recovered materials, the following must be documented and kept in the facility files for a period of no less than three (3) years:

a. Location and storage capacity of the recovered materials at the facility; and

b. Disposition of the recovered material including volume, date of sale or transfer, and final destination of the material.

5. All other federal, state, or local regulations based upon the end use, such as the Georgia Department of Agriculture regulations for consideration as a soil amendment for farming or agriculture or Georgia Department of Transportation and/or local highway/public works requirements for use as a road base course or top course.

6. Dimension stone fines and/or spalls used as a recovered material to reclaim a quarry or as backfill must comply with this section of the Rules and the most recent edition of the Guidance for Use of Clean Earthen and Rock Materials, Recovered Clean Concrete, and/or Cured Asphalt as Structural Fill Material.

(8) Asbestos Containing Waste.

(a) Collection.

1. Vehicles used for the transportation of containerized asbestos waste shall have an enclosed carrying compartment or utilize a covering sufficient to contain the transported waste, prevent damage to containers, and prevent release or spillage from the vehicle.

2. Vehicles used to reduce waste volume by compaction shall not be used.

3. Vacuum trucks used to transport waste slurry must be constructed and operated to ensure that liquids do not leak from the truck.

(b) Disposal.

1. Asbestos containing waste is to be disposed of only in a permitted landfill or other facility authorized by the Division for acceptance of asbestos containing waste.

2. Asbestos containing waste shall be sealed in leak-proof containers labeled with "Caution - Contains Asbestos Fibers - Avoid Opening or Breaking Container - Breathing Asbestos is Hazardous to Your Health.

3. Asbestos containing waste shall be disposed of in such a manner as not to destroy the integrity of the asbestos containing materials containers prior to the placement of cover material. This waste shall be completely covered immediately after deposition with a minimum of six (6) inches of non-asbestos material.

(9) Liquid Waste Restrictions at Landfills.

(a) Bulk or noncontainerized liquid waste may not be placed in landfill units unless:

1. The waste is household waste other than septic waste; or

2. The waste is leachate or gas condensate derived from the landfill unit, whether it is a new or existing landfill or lateral expansion, is designed with a composite liner and leachate collection system as described in paragraph (1)(d) of Rule 391-3-4-.07. The owner or operator must place the demonstration in the operating record and notify the Director that it has been placed in the operating record.

(b) Containers holding liquid waste may not be placed in a landfill unit unless:

1. The container is a small container similar in size to that normally found in household waste;

2. The container is designed to hold liquids for use other than storage; or

3. The waste is household waste.

(c) For purposes of this section:

1. "Liquid waste" means any waste material that is determined to contain "free liquids" as defined by Method 9095 (Paint Filter Liquids Test), as described in "Test Methods for Evaluating Solid Wastes, Physical/Chemical Methods" (EPA Pub. No. SW-846).

2. "Gas condensate" means the liquid generated as a result of gas recovery process(es) at the landfill unit.

(10) Variances, waivers, and alternative compliance schedules which may be granted under these Rules, Chapter 391-3-4, may not allow for the waiver or modification of a requirement found in 40 CFR, Part 258, as amended, 56 Fed. Reg. 51016-51039 (October 9, 1991), 80 Fed. Reg. 21468 (April 17, 2015); as amended at 80 Fed. Reg. 37991 (July 2, 2015) and 81 Fed. Reg. 51807 (August 5, 2016), except as provided in 391-3-4-.10(11).

(11) Compliance with the Rules for Solid Waste Management, Chapter 391-3-4, does not relieve any person from complying with all other applicable local, state, or federal rules or statutes.

Notes

Ga. Comp. R. & Regs. R. 391-3-4-.04

O.C.G.A. § 12-8-20 et seq., as amended.

Original Rule entitled "Collection and Transportation," was filed as 391-1-1-.04 on November 21, 1972; effective December 12, 1972, as specified by the Agency. Amended: Rule renumbered as 391-3-4-.04. Filed September 6, 1973; effective September 26, 1973. Amended: Rule repealed and a new Rule entitled "General" adopted. Filed September 19, 1974; effective October 9, 1974. Amended: F. Jun. 9, 1989; eff. Jun. 29, 1989. Amended: F. Sept. 4, 1991; eff. Sept. 24, 1991. Amended: F. Jun. 7, 1993; eff. Jun. 27, 1993. Amended: F. Jul. 31, 1997; eff. Aug. 20, 1997. Amended: F. Sep. 13, 2016; eff. Oct. 3, 2016. Amended: F. Mar. 8, 2018; eff. Mar. 28, 2018. Amended: F. June 10, 2021; eff. June 30, 2021. Amended: F. July 17, 2023; eff. Aug. 6, 2023.