A miscellaneous unit must be located, designed,
constructed, operated, maintained, and closed in a manner that will ensure
protection of human health and the environment. Permits for miscellaneous units
are to contain such terms and provisions as necessary to protect human health
and the environment, including, but not limited to, as appropriate, design and
operating requirements, detection and monitoring requirements, and requirements
for responses to releases of hazardous waste or hazardous constituents from the
unit. Permit terms and provisions shall include those requirements of
subchapters I through O and AA through CC of this chapter, chapter 11-270, and
40 C.F.R. 146 that are appropriate for the miscellaneous unit being permitted.
Protection of human health and the environment includes, but is not limited
to:
(a) Prevention of any releases
that may have adverse effects on human health or the environment due to
migration of waste constituents in the ground water or subsurface environment,
considering:
(1) The volume and physical and
chemical characteristics of the waste in the unit, including its potential for
migration through soil, liners, or other containing structures;
(2) The hydrological and geologic
characteristics of the unit and the surrounding area;
(3) The existing quality of ground water,
including other sources of contamination and their cumulative impact on the
ground water;
(4) The quantity and
direction of ground-water flow;
(5)
The proximity to and withdrawal rates of current and potential ground-water
users;
(6) The patterns of land use
in the region;
(7) The potential
for deposition or migration of waste constituents into subsurface physical
structures, and into the root zone of food-chain crops and other
vegetation;
(8) The potential for
health risks caused by human exposure to waste constituents; and
(9) The potential for damage to domestic
animals, wildlife, crops, vegetation, and physical structures caused by
exposure to waste constituents;
(b) Prevention of any releases that may have
adverse effects on human health or the environment due to migration of waste
constituents in surface water, or wetlands or on the soil surface considering:
(1) The volume and physical and chemical
characteristics of the waste in the unit;
(2) The effectiveness and reliability of
containing, confining, and collecting systems and structures in preventing
migration;
(3) The hydrologic
characteristics of the unit and the surrounding area, including the topography
of the land around the unit;
(4)
The patterns of precipitation in the region;
(5) The quantity, quality, and direction of
ground-water flow;
(6) The
proximity of the unit to surface waters;
(7) The current and potential uses of nearby
surface waters and any water quality standards established for those surface
waters;
(8) The existing quality of
surface waters and surface soils, including other sources of contamination and
their cumulative impact on surface waters and surface soils;
(9) The patterns of land use in the
region;
(10) The potential for
health risks caused by human exposure to waste constituents; and
(11) The potential for damage to domestic
animals, wildlife, crops, vegetation, and physical structures caused by
exposure to waste constituents.
(c) Prevention of any release that may have
adverse effects on human health or the environment due to migration of waste
constituents in the air, considering:
(1) The
volume and physical and chemical characteristics of the waste in the unit,
including its potential for the emission and dispersal of gases, aerosols and
particulates;
(2) The effectiveness
and reliability of systems and structures to reduce or prevent emissions of
hazardous constituents to the air;
(3) The operating characteristics of the
unit;
(4) The atmospheric,
meteorologic, and topographic characteristics of the unit and the surrounding
area;
(5) The existing quality of
the air, including other sources of contamination and their cumulative impact
on the air;
(6) The potential for
health risks caused by human exposure to waste constituents; and
(7) The potential for damage to domestic
animals, wildlife, crops, vegetation, and physical structures caused by
exposure to waste constituents.
