RELATES TO: KRS 224.01, 224.10, 224.40, 224.43, 224.99
NECESSITY, FUNCTION, AND CONFORMITY: KRS Chapter 224 requires
the cabinet to adopt rules and administrative regulations for the management,
processing or disposal of wastes.
KRS
224.40-305 requires that persons engaging in
the management, processing or disposal of waste obtain a permit. This chapter
establishes the permitting standards for solid waste sites or facilities, the
standards applicable to all solid waste sites or facilities, and the standards
for certification of operators. An overview of the permit program is found in
Section 1 of
401 KAR
47:080. This administrative regulation sets forth the
general content requirements for a technical application for a solid waste
landfill.
Section 1. Objective and
General Requirements. The objectives of the
technical application are to
specify technical standards. The
technical application contains the
facility
design and narrative. The
cabinet shall evaluate the
application for compliance
with the environmental performance standards in
401 KAR
47:030 and other applicable administrative
regulations. The applicant shall submit the
technical application in a format
approved by the
cabinet and signed in accordance with Section 6 of
401 KAR
47:160. Engineering drawings, specifications and
studies shall be signed and sealed by a professional
engineer registered in
Kentucky. The contents of the
technical application contains information that
is part of a complete
application as required by
KRS
224.40-310. The contents of the
technical
application shall be accurate and complete at the time the
cabinet makes its
preliminary determination to issue a solid
waste permit.
Section 2. Design Plans.
(1) An applicant for a solid
waste landfill
permit shall submit engineering plans showing the design of the
site. The
engineering plans shall meet the design requirements of
401
KAR 48:060 for construction/demolition debris
landfills,
401 KAR
48:070 and
401
KAR 48:080 for contained landfills or
401 KAR
48:170 for residual landfills. The applicant shall
submit copies of the
application including engineering drawings in accordance
with Section 1(4) of
401 KAR
47:160.
(2) At a minimum, each drawing set in the
application shall include the following drawings:
(a) A drawing of the entire
site on one (1)
sheet showing:
1. Current site
conditions;
2. Site development
plan including buffer zones;
3.
Location of environmental monitoring points for surface water, groundwater and
methane; and
4.
Baselines.
(b) Site plans
drawn to a scale of one (1) inch equals 100 feet unless an alternative scale
has been approved showing:
1. Development
plan;
2. Location of environmental
monitoring points for surface water, groundwater and methane; and
3. Baseline or off-set
baseline;
(c)
Cross-sections at 100 foot intervals of each baseline at a scale of one (1)
inch equals ten (10) feet vertically and one (1) inch equals 100 feet
horizontally;
(d) Drawing of the
profile along each baseline; and
(e) Other drawings as needed to properly
depict the site's proposed development and details of construction design and
construction.
(3) The
applicant shall use the terminology of this subsection to name and label
elements of the solid
waste landfills. The plans and reports shall be organized
and referenced using the following:
(a)
Facility shall be the total area under permit;
(b) Unit shall be the highest named element
within the facility;
(c) Phase
shall be a subdivision of a unit and shall be the smallest element designated
for the purpose of financial assurance as required by
KRS
224.40-650; and
(d) Working area shall be a subdivision of a
phase.
(4) Typical
details shall be included in the plans showing the features of cell, lifts,
liners, daily cover, interim cover, long-term cover and final cover.
(5) The plans shall show the working areas,
phases and units and the order that each shall be filled. The plan shall
include volume data for each phase and unit.
Section 3. Narrative.
(2) An applicant for a solid
waste landfill
permit shall submit an operations narrative describing how the operational
requirements of
401
KAR 48:060 for a
construction/demolition debris
landfill,
401 KAR
48:090 for a
contained landfill or
401 KAR
48:170 for a
residual landfill shall be
met.
Section 4. Closure,
Closure Care and Performance Bond.
(1) An
applicant for a solid
waste landfill permit shall submit
closure and
closure
care plans meeting the requirements of
401
KAR 48:060 for a
construction/demolition debris
landfill,
401 KAR
48:070 through
401 KAR
48:090 for a
contained landfill and
401 KAR
48:170 for a
residual landfill. Design specifications
for the cap shall be included.
(2)
The applicant shall submit a
closure and
closure care cost estimate for the
plans in subsection (1) of this section consistent with the requirements of
401 KAR
48:310.
(3) Upon approval of the
permit application
and before the issuance of the construction/ operating
permit, the applicant
shall submit the performance bond for
closure and
closure case which meets the
requirements of
401 KAR
48:310.
Section 5. Surface
Water and
Groundwater
Monitoring and Corrective Action Plan. An applicant for a solid
waste landfill
permit shall submit a surface
water and
groundwater monitoring plan meeting the
requirements of
401
KAR 48:300.
Section
6. Construction Quality Control Plan.
(1) An applicant for a solid
waste landfill
permit shall submit a construction quality control plan that shall ensure the
site or
facility is constructed in a manner conforming to the requirements in
Sections 7 and 8 of this administrative regulation and containing the following
elements:
(a) The persons responsible for each
part of the quality control plan;
(b) Frequencies and specifications for
inspections and tests;
(c) Forms to
be used;
(d) Survey control system
of plan views and cross-sections for such inspections and tests; and
(e) A statement to be used for certifying
that the quality control plan was followed by the owner or operator.
(2)
(a) The construction quality control plan
shall provide assurance that the layers of the homogeneous low permeability
soil liners are compacted using nonvibratory compactors with full depth
penetrating feet with a minimum of six (6) passes per soil layer. The compactor
ballast shall be varied to prevent reaching the desired proctor density with
less than six (6) passes. The feet length shall be one (1) inch longer than the
loose soil layer thickness.
(b)
Smooth rollers may be used at the end of each work period to seal the surface
from rain infiltration.
Section 7. Landfill Liner Requirements. An
applicant for a solid
waste landfill permit shall submit
liner designs in
accordance with
401
KAR 48:080 for contained landfills,
401
KAR 48:060 for construction/demolition debris and
401 KAR
48:170 for residual landfills.
Section 8. Landfill Recordkeeping and
Reporting. An applicant for a solid
waste landfill permit shall submit plans
for a recordkeeping and reporting system. The plan shall meet the following
requirements:
(1) A quarterly report shall be
submitted to the
cabinet on a form approved by the
cabinet no later than the
15th of the month following the end of each quarter year. The quarters shall
end on March 31, June 30, September 30 and December 31 of each year. The report
shall contain the following:
(a) Description
of construction activities during the quarter;
(b) Monthly volume of waste received from
each source;
(c) Description of
compliance with cover requirements;
(d) Environmental monitoring results
including surface water, groundwater, methane, and other permit conditions;
and
(e) The quantity and
concentration of
leachate removed from the
site, where disposed, and the method
of
disposal. The concentration shall be determined using appropriate parameters
from Section 10(2) of
401
KAR 48:300 for construction/demolition debris
landfills and Section 10(3) of
401
KAR 48:300 for contained
landfills.
(2)
(a) An annual survey shall be conducted by
the owner operator to determine remaining landfill volume which may be used for
waste disposal. The quantity of waste disposed per day shall be determined by
dividing the total waste received in one (1) year by 365 calendar days. The
survey shall be conducted annually and the results shall be submitted to the
cabinet no later than sixty (60) days following the actual survey. When aerial
photography is used, the survey results shall be provided within ninety (90)
days of the aerial photography. This survey shall bear the seal and signature
of the registered professional land surveyor or professional engineer who
performed the survey. The owner or operator shall notify the cabinet no less
than fifteen (15) calendar days prior to the date the survey shall be
conducted.
(b) The annual survey
shall be made between January 1 and May 1 each year and shall be submitted to
the
cabinet within sixty (60) days. The annual survey shall contain the
following information:
1. Cross-sections on
100 foot intervals showing current waste placement and proposed final contours;
and
2. Remaining capacity in cubic
yards.
(3)
Surface
water and
groundwater sample shall be collected and analyzed according
to the following criteria:
(a) Samples and
measurements taken for the purpose of monitoring shall be representative of the
monitored activity.
(b) The owner
or operator shall retain records of all monitoring information, copies of all
reports required by the permit, and records of all data used to complete the
application for the permit, for a period of at least three (3) years from the
date of the sample, measurement, report, certification, or application. This
period may be extended by request of the cabinet at any time. In addition, the
owner or operator shall maintain records from all groundwater monitoring wells
and associated ground-water surface elevations, for the active life of the
facility, and for the closure care period as well.
(c) Records of
monitoring information shall
include:
1. Date, exact place, and time of
sampling or measurements;
2.
Individual who performed the sampling or measurements;
3. Date analyses were performed;
4. Individual who performed the
analyses;
5. Analytical techniques
or methods used; and
6. Results of
such analyses.
(4) All waste entering a contained landfill
shall be weighed prior to disposal.
(5) The owner or operator of a contained
landfill shall keep permanent records of the source, disposal location and
quantity of any spill residues and limited quantity generator hazardous wastes,
and records as to the source and quantity of all other wastes disposed of at
the contained landfill. These records shall be available for cabinet inspection
and shall be summarized in a report and submitted to the cabinet with the
annual report or request for permit renewal.
Section 9. Alternative Specifications.
Alternative specifications may be used only after approval by the cabinet upon
a demonstration by a qualified registered professional engineer that they will
result in performance with regard to safety, stability and environmental
protection equal to or better than that resulting from designs complying with
the specifications of this administrative regulation.