Ga. Comp. R. & Regs. R. 391-3-4-.06 - Permit by Rule for Collection, Transportation, Processing, and Disposal

(1) Permit-by-Rule. Notwithstanding any other provision of these Rules, collection operations, transfer station operations, inert waste landfill operations, waste processing and thermal treatment operations, wastewater treatment and pretreatment plant sludge disposal operations, and yard trimmings waste landfill operations shall be deemed to have a solid waste handling permit if the conditions in paragraph (2) are met and the conditions in paragraph (3), for that particular category of operation are met.

(2) Notification. Within 30 days of commencing solid waste handling activities which are covered under a permit-by-Rule, notification must be made to the Director of such activity. Notification shall be made on such forms as are provided by the Director. Persons failing to notify the Director of such activities shall be deemed to be operating without a permit.

(3) Categories of Operations:

(a) Collection Operations:

1. Vehicle construction: vehicles or containers used for the collection and transportation of garbage and similar putrescible wastes, or mixtures containing such wastes, shall be covered, substantially leakproof, durable, and of easily cleanable construction.

2. Vehicle maintenance: solid waste collection and transportation vehicles shall be cleaned frequently and shall be maintained in good repair.

3. Littering and spillage: vehicles or containers used for the collection and transportation of solid waste shall be loaded and moved in such manner that the contents will not fall, leak or spill therefrom and shall be covered when necessary to prevent blowing of material from the vehicle.

4. No regulated quantities of hazardous wastes may be collected and transported except in accordance with the provisions of the Georgia Hazardous Waste Management Act, O.C.G.A. 12-8-60 et seq.

5. Local ordinances: it is the responsibility of the collector to comply with all local rules, regulations, and ordinances pertaining to operation of solid waste collection systems.

6. All wastewater from cleaning of vehicles must be handled in a manner which meets all applicable environmental laws and regulations.

7. All collected solid waste must be deposited only in a permitted solid waste handling facility authorized to receive the applicable waste types.

(b) Transfer Station operations:

1. Solid Waste shall be confined to the interior of transfer station buildings, and not allowed to scatter to the outside. Waste shall not be allowed to accumulate, and floors shall be kept clean and well drained.

2. Sewage solids shall be excluded from transfer stations.

3. Dust, odors and similar conditions resulting from transfer operations shall be controlled at all times.

4. Rodents, insects and other such pests shall be controlled.

5. Any contaminated runoff from washwater shall be discharged to a wastewater treatment system and, before final release, shall be treated in a manner approved by the Division.

6. Hazardous Waste: no person owning or operating a transfer station shall cause, suffer, allow, or permit the handling of regulated quantities of hazardous waste.

7. Liquid wastes restricted from landfill disposal by Rule 391-3-4-.04(9) shall be excluded from transfer stations. Transfer stations in existence on August 1, 2004, and in compliance with all other regulations applicable to permit by rule transfer stations, may continue to handle such liquid wastes until a solid waste processing facility permit is issued or August 1, 2006, whichever occurs first.

(c) Inert Waste Landfill Operations: Inert Waste Landfills in existence on the effective date of this Rule and in compliance with all other regulations applicable to permit by rule for inert waste landfill operations may continue to operate under the conditions below until a solid waste handling permit is issued or December 1, 2014, whichever occurs first. Provided a complete permit application is submitted by June 1, 2014, the Director may extend the deadline for permitting until a final decision on permit issuance or denial is made. If the requirements for a permit cannot be met by December 1, 2014, or other deadline established by the Director, the operator must cease receipt of waste on that date and complete closure by June 1, 2015, or six months from the Director's denial of the requested permit application. Any inert waste landfill which, as of January 1, 2014, has been certified by a professional engineer registered in accordance with Chapter 15 of Title 43 as being in full compliance with all permit by rule requirements established in the rules and regulations of the division as they existed on January 1, 2012, may continue to operate under such permit by rule requirements. Except as provided in sub-paragraph (f), no person may begin operating a new inert waste landfill after the effective date of this rule without first obtaining a site specific solid waste handling permit for an inert waste landfill.

1. Only waste that will not or is not likely to produce leachate of environmental concern may be disposed of in an inert waste landfill. Only earth and earth-like products, concrete, cured asphalt, rock, bricks, yard trimmings, and land clearing debris such as stumps, limbs and leaves, are acceptable for disposal in an inert waste landfill.

2. No portion of waste disposal area shall be located within one hundred (100) linear feet of any property line or enclosed structure.

3. Materials placed in inert waste landfills shall be spread in layers and compacted to the least practical volume, and a uniform compacted layer of clean earth cover no less than one (1) foot in depth shall be placed over all exposed inert waste material at least monthly.

4. The inert waste landfill site shall be graded and drained to minimize runoff onto the landfill surface, to prevent erosion and to drain water from the surface of the landfill.

5. Access to inert waste landfills shall be limited to authorized entrances which shall be closed when the site is not in operation.

6. Suitable means shall be provided to prevent and control fires. Stockpiled soil is considered to be the most satisfactory fire fighting material.

7. A uniform compacted layer of final cover not less than two (2) feet in depth and a vegetative cover shall be placed over the final lift not later than one month following final placement of inert waste within that lift.

8. Notice of final closure must be provided to the Director within 30 days of receiving the final load of waste. Any site not receiving waste for in excess of 180 days shall be deemed abandoned and in violation of these Rules unless properly closed. Notice of closure must include the date of final waste receipt and an accurate legal description of the boundaries of the landfill.

9. All deeds for real property which have been used for landfilling shall include notice of the landfill operations, the date the landfill operation commenced and terminated, an accurate legal description of the actual location of the landfill, and a description of the type of solid wastes which have been deposited in the landfill. Concurrent with the submission of notice of final closure to the Director, the owner or operator must submit to the Director confirmation that the information required in this section has been noticed on the property deed.

10. All wastes received at the landfill must be measured and reported as required by Rule 391-3-4-.17.

11. All other applicable federal, state, and local laws, rules, and ordinances, including erosion and sediment control, and any applicable federal wetlands permits, must be fully complied with prior to commencement of landfilling operations.

(d) On-site Waste Processing and Thermal Treatment Operations:

1. For purposes of this Rule, "On-site Processing or Thermal Treatment Facility" shall mean a facility that processes or thermally treats, no less than 75 percent, by weight, solid waste generated at the permit-by-Rule facility location or facilities owned by the same person who owns the property containing the permit-by-Rule facility. On-site facilities may include fixed or mobile facilities either owned or under contract with the solid waste generator of 75 percent of the solid waste so long as the solid waste generator maintains legal control of the solid waste while at the permit-by-Rule facility.

2. Capacity: the on-site waste processing and thermal treatment technology facility shall be adequate in size and capacity to manage the projected volume of solid waste and residue generated.

3. Residue: on-site thermal treatment technology facilities shall be designed in such a manner to expedite the routine sampling of bottom and fly ash. Temperature and combustion time shall be sufficient to produce a satisfactory residue, essentially free of odors and unstable organic matter, and such residue shall be promptly deposited in a municipal solid waste landfill having a liner and leachate collection system and operated and maintained as provided herein, handled in such other manner as may be approved by the Division, or if shown by testing to be hazardous, handled in accordance with the provisions of the Georgia Hazardous Waste Management Act, O.C.G.A. 12-8-60, et seq. Residue from thermal treatment technology facilities that burn only biomedical wastes may be deposited in any permitted municipal solid waste landfill. Residue from the burning of any wastes, other than biomedical wastes, must, if landfilled, be placed in landfills having liners and leachate collection systems unless the Division grants an exemption.

4. Storage: the areas for storing wastes prior to processing must be clearly defined and the maximum capacity specified. No waste may be stored in excess of the designated capacity.

5. Disposal of waste: treated waste from on-site processing facilities and any material not sold or used, reused, or recycled must be disposed in a permitted disposal facility.

6. Air quality: on-site processing and thermal treatment technology facilities shall be designed and operated in such manner as to meet any air quality standards of the Division.

7. Wastewater: on-site processing and thermal treatment technology facilities shall be designed so that any wastewater generated will be discharged to a wastewater treatment system and, before final release, will be treated in a manner approved by the Division.

8. Fire protection: on-site processing and thermal treatment technology facility designs shall provide for fire control equipment placed near the storage and charging area, and elsewhere as needed.

9. Supervision: operation and management of on-site thermal treatment technology facilities shall be under the direct supervision and control of an operator who is present at all times of operation and is qualified in thermal treatment technology management by training, education or experience. Operation and management of on-site processing facilities shall be under the supervision and control of a responsible individual properly trained in the operation of such facilities at all times during operation.

10. Prohibited waste: no lead acid batteries, radioactive waste, or regulated quantities of hazardous waste or polychlorinated biphenyls may be accepted. The operator must have a plan for excluding these wastes.

11. Cleanliness and sanitation: on-site processing and thermal treatment technology facilities shall be maintained in a clean and sanitary condition. Solid waste shall be confined to the designated storage area.

12. Record keeping: accurate written, daily records by actual weight or by the methods approved in accordance with O.C.G.A. 12-8-31.1(g) shall be kept of all waste processed or disposed at the on-site processing and thermal treatment technology facility. Such records shall include the source of the waste, by facility name and location. Copies of such records shall be maintained for a period of at least three (3) years and shall be submitted to the Division quarterly on such forms as prescribed by the Division.

13. Local ordinances: it is the responsibility of the operator of on-site processing and thermal treatment technology facilities to comply with all local rules, regulations, and ordinances pertaining to operation of these facilities and all other applicable federal and state laws and rules.

14. All facilities handling biomedical waste must, in addition to this Rule, meet any requirements of Rule 391-3-4-.15.

(e) Wastewater Treatment or Pretreatment Plant Sludge Disposal:

1. All wastewater treatment or pretreatment plant sludges that are not beneficially used, reused, or recycled in accordance with Rule 391-3-4-.04 or that are not disposed of by landfilling in accordance with Rule 391-3-4-.07, must be handled in accordance with an approval or a permit issued by the Division under authority of the Georgia Water Quality Control Act, O.C.G.A. 12-5-20, et seq. or the Georgia Air Quality Act, O.C.G.A. 12-9-1 et seq.

(f) Yard Trimmings Waste Landfill Operations: Landfill Operations with 5 acres or less of waste disposal area and located in counties with a population less than 65,000 people and accepting exclusively yard trimmings as defined by these Rules can be permitted under the following conditions:

1. Only yard trimmings are acceptable for disposal in a yard trimmings waste landfill. Vegetative matter from land clearing operations shall not be disposed in a yard trimmings waste landfill.

2. No portion of the waste disposal area shall be located within two hundred (200) linear feet of any property line or enclosed structure.

3. Materials placed in yard trimmings waste landfills shall be spread in layers and compacted to the least practical volume, and a uniform compacted layer of clean earth cover no less than one (1) foot in depth shall be placed over all exposed yard trimmings waste material at least monthly.

4. The yard trimmings waste landfill site shall be graded and drained to minimize runoff onto the landfill surface, to prevent erosion and to drain water from the surface of the landfill.

5. Access to yard trimmings waste landfills shall be limited to authorized entrances which shall be closed when the site is not in operation.

6. Suitable means shall be provided to prevent and control fires. Stockpiled soil is considered to be the most satisfactory firefighting material.

7. A uniform compacted layer of final cover not less than two (2) feet in depth and a vegetative cover shall be placed over the final lift not later than one month following final placement of yard trimmings waste within that lift.

8. Notice of final closure must be provided to the Director within 30 days of receiving the final load of waste. Any site not receiving waste for in excess of 180 days shall be deemed abandoned and in violation of these Rules unless properly closed. Notice of closure must include the date of final waste receipt and an accurate legal description of the boundaries of the landfill.

9. All deeds for real property which have been used for landfilling shall include notice of the landfill operations, the date the landfill operation commenced and terminated, an accurate legal description of the actual location of the landfill, and a description of the type of solid wastes which have been deposited in the landfill. Concurrent with the submission of notice of final closure to the Director, the owner or operator must submit to the Director confirmation that the information required in this section has been noticed on the property deed.

10. All wastes received at the landfill must be measured and reported as required by Rule 391-3-4-.17.

11. All other applicable federal, state, and local laws, rules, and ordinances, including erosion and sediment control, and any applicable federal wetlands permits, must be fully complied with prior to commencement of landfilling operations.

(g) Dimension Stone Processing Operations Producing Fines and Spalls: Dimension stone processing operations producing fines and spalls, or other similar stone spoils must comply with either section 1. or 2. below:

1. Dimension stone fines and spalls used as recovered material must comply with Section 391-3-4-.04(7)(h) of the Georgia Rules for Solid Waste Management and are not required to submit a Permit by Rule Notification Form.

2. Stone fines and/or spalls that are not used in a manner consistent with 391-3-4-.06(3)(g)1. are subject to the following requirements:

a. Stone fines and/or spalls may be placed in designated stockpiles or storage areas that only contain clean dimension stone or rock fines and spalls. These stockpile areas may be on-site at a facility or at an off-site facility specifically designated for the final storage of these materials.

b. Stockpile/storage area(s) shall be not located within fifty (50) linear feet of any property line, surface waters, or Waters of the State unless the stockpile/storage area(s):

(i) Consists of a de minimis amount of material stored within a property owned or leased by the generator that is one acre or less and the stockpiled material does not result in sediments leaving the property onto neighboring properties, local sewer systems, or directly to Waters of the State; or

(ii) Existed prior to the effective date of this rule and meets the following requirements:

(I) Existing stone fines and/or spalls stockpile areas shall be shown on a site map as indicated on the Permit by Rule Notification form; and

(II) After the effective date of this rule, new materials may not be stored on an existing stockpile area unless the new material is placed at least fifty (50) linear feet or more away from the property line, surface waters, or Waters of the State.

c. Erosion and sediment control measures adequate to prevent the escape of sediment from the site into Waters of the State utilizing best management practices from the most recent edition of the Manual for Erosion and Sedimentation Control in Georgia must be implemented.

d. Record-Keeping:

(i) Facilities generating stone fines and spalls must document and keep the following information in the facility files for a period of no less than three (3) years:

(I) Location and storage capacity of the fines and spalls at the facility, and

(II) Final disposition of the fines and spalls including volume, date of transfer, and final destination of the material.

(ii) From the effective date of this Rule, the owner/operator of a dimension stone fines and spalls stockpile/storage site shall keep the following information in the facility files for a period of no less than three (3) years:

(I) the generator or point of origin and date of receipt of the stone fines and spalls;

(II) the volume or weight received; and

(III) the storage location of the materials.

e. All deeds for real property which have been used for stockpiling stone fines and spalls shall include notice of the stockpiling operations, the date the operation commenced and terminated, an accurate legal description of the actual location of the stockpile or storage areas, and a description of the type of materials stockpiled on site. This notice shall be placed in the deed no later than 30 days after the stockpile or storage area has received its last load of stone fines and/or spalls. The owner or operator must submit to the Director a confirmation that the information required in this section has been noticed on the property deed.

f. All other applicable federal, state, and local laws, rules, and ordinances, including erosion and sediment control, and any applicable federal wetlands permits, must be fully complied withprior to commencement of stockpiling / storage operations.

Notes

Ga. Comp. R. & Regs. R. 391-3-4-.06

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

Original Rule entitled "Enforcement" adopted. F. Sept. 6, 1973; eff. Sept. 26, 1973. Repealed: New Rule entitled "Collection and Transportation" adopted. F. Sept. 19, 1974; eff. Oct. 9, 1974. Repealed: New Rule entitled "Permit by Rule for Collection, Transportation, and Disposal" adopted. F. June 9, 1989; eff. June 29, 1989. Amended: F. Sept. 4, 1991; eff. Sept. 24, 1991. Amended: F. June 7, 1993; eff. June 27, 1993. Amended: F. July 31, 1997; eff. August 20, 1997. Amended: F. July 8, 2005; eff. July 28, 2005. Amended: F. Feb. 5, 2013; eff. Feb. 25, 2013. Amended: F. Jan. 8, 2014; eff. Jan. 28, 2014. 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.