(a)
Applicability.
The regulations in this section apply to owners and
operators of facilities that dispose of hazardous waste in landfills, except as
section
373-3.1(a)
of this Subpart provides otherwise. A waste pile used as a disposal facility is a
landfill and is governed by this section.
(b)
Action leakage rate.
(1) The owner or operator of landfill units
subject to paragraph (j)(1) of this section must submit a proposed action leakage
rate to the commissioner when submitting the notice required under paragraph
(j)(2) of this section. Within 60 days of receipt of the notification, the
commissioner will: establish an action leakage rate, either as proposed by the
owner or operator or modified using the criteria in this subdivision; or extend
the review period for up to 30 days. If no action is taken by the commissioner
before the original 60 or extended 90 day review period ends, the action leakage
rate will be approved as proposed by the owner or operator.
(2) The commissioner shall approve an action
leakage rate for landfill units subject to paragraph (j)(1) of this section. 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 amounts
of other sources of liquids in the LDS, and proposed response actions
(e.g., the action leakage rate must allow for 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.).
(3) To determine if the action
leakage rate has been exceeded, the owner or operator must convert the weekly or
monthly flow rate from the monitoring data obtained under subdivision (l) of this
section, to an average daily flow rate (gallons per acre per day) for each sump.
Unless the commissioner approves a different calculation, the average daily flow
rate for each sump must be calculated weekly during the post-closure care period
when monthly monitoring is required under paragraph (l)(2) of this
section.
(c)
Surveying and recordkeeping.
The owner or operator of a landfill must maintain the
following items in the operating record required under section
373-3.5(c)
of this Subpart:
(1) on a map, the exact
location and dimensions, including depth, of each cell with respect to
permanently surveyed benchmarks; and
(2) the contents of each cell and the
approximate location of each hazardous waste type within each cell.
(d)
Closure and post-closure
care.
(1) At final closure of the
landfill or upon closure of any cell, the owner or operator must cover the
landfill or cell with a final cover designed and constructed to:
(i) provide long-term minimization of migration
of liquids through the closed landfill;
(ii) function with minimum
maintenance;
(iii) promote drainage
and minimize erosion or abrasion of the cover;
(iv) accommodate settling and subsidence to
maintain the cover's integrity; and
(v) have a permeability less than or equal to
the permeability of any bottom liner system or natural subsoils
present.
(2) After final
closure, the owner or operator must comply with all post-closure requirements
contained in section
373-3.7(g) through
(j) of this Subpart including maintenance and
monitoring throughout the post-closure care period. The owner or operator must:
(i) maintain the integrity and effectiveness of
the final cover, including making repairs to the cover as necessary to correct
the effects of settling, subsidence, erosion, or other damaging events;
(ii) maintain and monitor the leak detection
system in accordance with section
373-2.14(c)(3)(iii)
(
d) and (c)(3)(iv) of this Title, and paragraph (l)(2) of this
section, and comply with all other applicable leak detection system requirements
of this Subpart;
(iii) maintain and
monitor the ground-water monitoring system and comply with all other applicable
requirements of section
373-3.6 of
this Subpart;
(iv) prevent run-on and
runoff from eroding or otherwise damaging the final cover; and
(v) protect and maintain surveyed benchmarks
used in complying with subdivision (c) of this section.
(e)
Special requirements for
ignitable or reactive waste.
(1) Except
as provided in paragraph (2) of this subdivision, and in subdivision (i) of this
section, ignitable or reactive waste must not be placed in a landfill, unless the
waste and landfill meet all applicable requirements of Part 376 of this Title,
and:
(i) the resulting waste, mixture or
dissolution of material no longer meets the definition of ignitable or reactive
waste under section
371.3(b) or
(d) of this Title; and
(ii) section
373-3.2(h)(2)
of this Subpart is complied with.
(2) Except for prohibited wastes which remain
subject to treatment standards in section
376.4 of this
Title, ignitable wastes in containers may be landfilled without meeting the
requirements of paragraph (1) of this subdivision, provided that the wastes are
disposed of in such a way that they are protected from any material or conditions
which may cause them to ignite. At a minimum, ignitable wastes must be disposed
of in nonleaking containers which are carefully handled and placed so as to avoid
heat, sparks, rupture or any other condition that might cause ignition of the
wastes; must be covered daily with soil or other noncombustible material to
minimize the potential for ignition of the wastes; and must not be disposed of in
cells that contain or will contain other wastes which generate heat sufficient to
cause ignition of the waste.
(f)
Special requirements for incompatible
wastes.
Incompatible wastes, or incompatible wastes and materials
(see Appendix 29, infra, for examples) must not be placed in the
same landfill cell, unless section
373-3.2(h)(2)
of this Subpart is complied with.
(g)
Special requirements for liquid
waste.
(1) Bulk or noncontainerized
liquid waste or waste containing free liquids (whether or not sorbents have been
added) must not be placed in a landfill.
(2) Containers holding free liquids must not be
placed in a landfill, unless:
(i) all
free-standing liquid:
(a) has been removed by
decanting, or other methods;
(b) has
been mixed with sorbent or solidified so that free-standing liquid is no longer
observed; or
(c) has been otherwise
eliminated; or
(ii) the
container is very small, such as an ampule; or
(iii) the container is designed to hold free
liquids for use other than storage, such as a battery or capacitor; or
(iv) the container is a lab pack, as defined in
subdivision (i) of this section, and is disposed of in accordance with
subdivision (i) of this section.
(3) To demonstrate the absence or presence of
free liquids in either a containerized or a bulk waste, the following test must
be used: Method 9095B (Paint Filter Liquids Test) as described in "Test Methods
for Evaluating Solid Waste, Physical/Chemical Methods," EPA Publication SW-846,
as incorporated by reference in section
370.1(e)
of this Title.
(4) Sorbents used to
treat free liquids to be disposed of in landfills must be nonbiodegradable.
Nonbiodegradable sorbents are: materials listed or described in subparagraph (i)
of this paragraph; materials that pass one of the tests in subparagraph (ii) of
this paragraph; or materials that are determined by the department to be
nonbiodegradable through the Part 370 petition process.
(i) Nonbiodegradable sorbents.
(a) Inorganic minerals, other inorganic
materials, and elemental carbon (e.g., aluminosilicates, clays,
smectites, Fuller's earth, bentonite, calcium bentonite, montmorillonite,
calcined montmorillonite, kaolinite, micas [illite], vermiculites, zeolites;
calcium carbonate [organic free limestone]; oxides/hydroxides, alumina, lime,
silica [sand], diatomaceous earth; perlite [volcanic glass]; expanded volcanic
rock; volcanic ash; cement kiln dust; fly ash; rice hull ash; activated
charcoal/activated carbon); or
(b)
high molecular weight synthetic polymers (e.g., polyethylene,
high density polyethylene [HDPE], polypropylene, polystyrene, polyurethane,
polyacrylate, polynorborene, polyisobutylene, ground synthetic rubber,
cross-linked allylstyrene and tertiary butyl copolymers). This does not include
polymers derived from biological material or polymers specifically designed to be
degradable; or
(c) mixtures of these
nonbiodegradable materials.
(ii) Tests for nonbiodegradable sorbents.
(a) The sorbent material is determined to be
nonbiodegradable under ASTM Method G21-70 (1984a)-Standard Practice for
Determining Resistance of Synthetic Polymer Materials to Fungi (see section
370.1[e]
of this Title);
(b) the sorbent
material is determined to be nonbiodegradable under ASTM Method G22-76
(1984b)-Standard Practice for Determining Resistance of Plastics to Bacteria (see
section
370.1[e]
of this Title); or
(c) the sorbent
material is determined to be nonbiodegradable under OECD test 301B:
(CO
2 Evolution [Modified Sturm Test]) as incorporated by
reference in section
370.1(e)
of this Title.
(h)
Special requirements for
containers.
Unless they are very small, such as an ampule, containers
must be either:
(1) at least 90 percent
full when placed in the landfill; or
(2) crushed, shredded, or similarly reduced in
volume to the maximum practical extent before burial in the landfill.
(i)
Disposal of small
containers of hazardous waste in overpacked drums (lab packs).
Small containers of hazardous waste in overpacked drums
(lab packs) may be placed in a landfill if the following requirements are
met:
(1) Hazardous waste must be
packaged in nonleaking inside containers. The inside containers must be of a
design and constructed of a material that will not react dangerously with, be
decomposed by or be ignited by, the contained waste. Inside containers must be
tightly and securely sealed. The inside containers must be of the size and type
specified in the United States Department of Transportation (DOT) hazardous
materials regulations (49 CFR parts
173,
178 and
179) (see section
370.1[e]
of this Title), if those regulations specify a particular inside container for
the waste.
(2) The inside containers
must be overpacked in an open-head Federal DOT specification metal shipping
container (49 CFR parts
178 and
179) (see section
370.1[e]
of this Title) of no more than 416-liter (110-gallon) capacity and surrounded by,
at a minimum, a sufficient quantity of sorbent material, determined to be
nonbiodegradable in accordance with paragraph (g)(4) of this section to
completely sorb all of the liquid contents of the inside containers. The metal
outer container must be full after it has been packed with inside containers and
sorbent material.
(3) The sorbent
material used must not be capable of reacting dangerously with, being decomposed
by or being ignited by, the contents of the inside containers in accordance with
section
373-3.2(h)(2)
of this Subpart.
(4) Incompatible
wastes, as defined in section
370.2(b)
of this Title, must not be placed in the same outside container.
(5) Reactive wastes, other than cyanide- or
sulfide-bearing waste as defined in section
371.3(d)(1)(v)
of this Title, must be treated or rendered nonreactive prior to packaging in
accordance with paragraphs (1) through (4) of this subdivision. Cyanide- and
sulfide-bearing reactive waste may be packed in accordance with paragraphs (1)
through (4) of this subdivision without first being treated or rendered
nonreactive.
(6) Such disposal is in
compliance with the requirements of Part 376 of this Title.
(i) Persons who incinerate lab packs according
to the requirements in section
376.4(c)(3)(i)
of this Title may use fiber drums in place of metal outer containers. Such fiber
drums must meet all DOT specifications and be overpacked according to the
requirements in paragraph (2) of this subdivision.
(j)
Design and operating
requirements.
(1) The owner or operator
of each new landfill unit, each lateral expansion of a landfill unit, and each
replacement of an existing landfill unit must install two or more liners and a
leachate collection and removal system above and between the liners, and operate
the leachate collection and removal systems, in accordance with section
373-2.14(c)(3)
of this Part, unless excempted under section
373-2.14(c)(4),
(5), or (6), of this Part.
(2) The owner or operator of each unit referred
to in paragraph (1) of this subdivision must notify the commissioner at least 60
days before receiving waste. The owner or operator of each facility submitting
notice must file a Part 373 permit aplication within six months of the
commissioner's receipt of the notice.
(3) The owner or operator of any replacement
landfill unit is exempt from paragraph (1) of this subdivision if:
(i) the existing unit was constructed in
compliance with the design standards of section 3004(o)(1)(A)(i) and (o)(5) of
the Resource Conservation and Recovery Act (see section
370.1[e]
of this Title); and
(ii) there is no
reason to believe that the liner is not functioning as designed.
(4) The double liner
requirement set forth in paragraph (1) of this subdivision may be waived by the
commissioner for any monofill, if:
(i) the
monofill contains only hazardous wastes from foundary furnace emission controls
or metal casting molding sand, and the wastes do not contain constituents which
would render the wastes hazardous for reasons other than the toxicity
characteristic in section
371.3(e)
of this Title with EPA hazardous waste numbers D004 through D017; and
(ii)
(a)
(1) the monofill has at least one liner for
which there is no evidence that such a liner is leaking;
(2) the monofill is located more than
one-quarter mile from an
underground source of drinking water
(as that term is defined in section
370.2[b]
of this Title); and
(3) the monofill
is in compliance with generally applicable ground-water monitoring requirements
for facilities with Part 373 permits; or
(b) the owner or operator demonstrates that the
monofill is located, designed and operated so as to assure that there will be no
migration of any hazardous constituent into ground water or surface water at any
future time.
(5) In the case of any unit in which the liners
and leachate collection system have been installed pursuant to the requirements
of paragraph (1) of this subdivision, the commissioner, when issuing the first
permit, will not require that a new liner and leachate collection system be
installed, unless the commissioner has reason to believe the liner is
leaking.
(6) 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 landfill during peak discharge
from at least a 25-year storm.
(7)
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.
(8)
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 after storms to maintain design capacity of the
system.
(9) The owner or operator of
a landfill containing hazardous waste which is subject to wind dispersal must
cover or otherwise manage the landfills so that wind dispersal of the hazardous
waste is controlled.
Note:
As required by section
373-3.2(d)
of this Subpart, the waste analysis plan must include analyses needed to comply
with subdivisions (e), (f) and (g) of this section. As required by section
373-3.5(c)
of this Subpart, the owner or operator must place the results of these analyses
in the operating record of the facility.
(k)
Response actions.
(1) The owner or operator of landfill units
subject to paragraph (j)(1) of this section must develop and keep on-site, until
a 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 action specified in
paragraph (2) of this subdivision.
(2) If the flow rate into the leak detection
system exceeds the action leakage rate for any sump, the owner or operator must:
(i) notify the department in writing of the
exceedance within seven days of the determination;
(ii) submit a preliminary written assessment to
the commissioner 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;
(iii) determine to the extent practicable the
location, size, and cause of any leak;
(iv) determine whether waste receipt should
cease or be currtailed, whether any waste should be removed from the unit for
inspection, repairs, or controls, and whether or not the unit should be
closed;
(v) determine any other
short-term and longer-term actions to be taken to mitigate or stop any leaks;
and
(vi) within 30 days after the
notification that the action leakage rate has been exceeded, submit to the
commissioner the results of the analyses specified in subparagraph (ii)-(v) of
this paragraph, 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 commissioner a
report summarizing the results of any remedial action taken and actions
planned.
(3) To make the
leak and/or remediation determinations in subparagraphs (iii)-(v) of this
paragraph, the owner or operator must:
(i)
(a) assess the source of liquids and amounts of
liquids by source;
(b) 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
(c) assess the seriousness of any leaks in
terms of potential for escaping into the environment; or
(ii) document why such assessments are not
needed.
(l)
Monitoring and inspection.
(1) An
owner or operator required to have a leak detection system under paragraph (j)(1)
of this section 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.
(2) After the final cover is
installed, the amount of liquid removed from each leak detection system sump must
be recorded at least monthly. If the liquid level in any sump stays below its
pump operating level for two consecutive months, the amount of liquid in the sump
must be recorded at least quarterly. If the liquid level in the sump stays below
its pump operating level for at least two consecutive quarters, the amount of
liquid in the sump must be recorded at least semi-annually. If at any time during
the post-closure care period the pump operating level is exceeded at units on
quarterly or semi-annual recording schedules, the owner or operator must return
to monthly recording of the amount of liquid removed from each sump until the
liquid level again stays below the pump operating level for two consecutive
months.
(3) Pump operating level is a
liquid level proposed by the owner or operator and approved by the commissioner
based on pump activation level, sump dimensions, and level that avoids backup
into the drainage layer and minimizes head in the sump. The timing for submission
and approval of the proposed pump operating level will be in accordance with
paragraph (b)(1) of this section.