24-2-116. DISPOSAL SITES.* (SECTION 15.0).
(1) Sanitary disposal required. Solid waste shall be disposed in a way that will protect the public health, safety and welfare and prevent air and water pollution. (15.1)
(2) Disposal of waste restricted. No person, city, town, municipality, county, or other governmental unit shall dispose of any solid waste at any place except at a disposal site approved by the Department, which is operated and maintained in accordance with the requirements of these regulations. (15.2)
(3) Department approval and bond required.
a. No construction or operation of a disposal facility or site shall be initiated before plans and specifications are approved in writing by the Department.
b. No significant modifications shall be made in any disposal site or its operations without the approval of the Department.
c. No person shall operate a disposal site without first obtaining a valid permit from the Department and posting a bond, if required in Sections 24-2-109 and 24-2-110 of these regulations. (15.3)
(4) Report and approval required for permit. Before issuance of approval to construct or a permit to operate a disposal site, a report shall be submitted to the Department for review and approval. The report shall be prepared by a registered professional engineer, except this requirement may be waived by the Department if justified by the size, simplicity or location of the disposal site. Unless otherwise directed by the Department, the report shall include the following information:
a. The names of persons responsible for actual operation and maintenance of the site and the number of personnel to be employed at the site.
b. The present and future population and area to be served by the proposed site.
c. Evidence of land ownership or lease agreements.
d. The total area of the proposed site.
e. A plat, map, or aerial photograph that accurately shows the exact location of the proposed disposal site, current land use and zoning within one-quarter mile (402 meters) of the site. The map or aerial photograph shall be of sufficient scale to show all homes, industrial buildings, airports, wells, watercourses, surface drainage channels, rock outcroppings, roads, general topography, and other applicable details. All such details shall be identified and indicated on the plat, map or aerial photograph.
f. A soil description to a depth of at least five feet (1.5 meters) below the proposed site or proposed excavations and a general description of geology of the area. Data shall be obtained by soil borings, trenching or other method(s) approved by the Department.
g. A description of surface water within one-quarter mile (402 meters) of the land disposal site, including seasonal variations; a description of minimum and maximum groundwater elevations throughout the site; groundwater flow patterns; and groundwater quality and quantity. In addition, the Department may require groundwater monitoring wells and a water quality sampling and analysis program of ground and surface waters prior to construction and operation of a site, during operation of a site, and after closure of a site. If the program is required, the following provisions of the program shall be submitted for Departmental approval:
i. The number, location and depth of the wells;
ii. Methods of construction of the wells;
iii. The name of the person(s) to perform the sampling, the sampling frequency, and sampling period;
iv. The type of analysis that is to be performed;
v. The method(s) of analysis; and
vi. The name of the laboratory performing the analysis.
h. The availability, source, and characteristics of cover material.
i. Potential leachate and decomposition gas generation, including the amount and physical and chemical characteristics; proposed leachate and decomposition gas control systems, if necessary, including the method(s) of monitoring, collection, treatment, and necessary disposal.
j. The anticipated type, quantity, and source of solid waste to be deposited at the site.
k. The intended operating program and procedures, including:
i. The hours and days of operation;
ii. Existing and proposed utilities;
iii. The method and plan of landfilling;
iv. The type and availability of equipment for efficient excavating, earth moving, spreading, compaction and other needs;
v. Fencing for control of access and the prevention of scattering of waste material by wind;
vi. Provisions for fire control;
vii. Provisions for handling special or hazardous wastes or both;
viii. Employee facilities; and
ix. Any other pertinent information that clearly indicates the orderly development, operation and completion of the sanitary landfill.
l. Evidence of year-round accessibility, including an all-weather road to the site.
m. The expected life span of the site, the anticipated use of the land following completion as a disposal site, and the program for maintaining the site following closure, as required in Section 24-2-116(7) of these regulations.
n. Any other information specifically requested by the Department to ensure compliance with these regulations. (15.4)
(5) Basis and procedure for plan approval. The following conditions and procedures of plan approval shall be followed:
a. Plan approval will depend, in part, upon adequate isolation, avoidance of excessively irregular topography, groundwater elevations, extremely pervious soil formations, surface rock formations and outcroppings, and close proximity to natural drainage channels. There shall be at least five feet (1.5 meters) of separation between the bottom of disposal trenches and the highest groundwater elevation. Exceptions to this requirement will be considered on a case-by-case basis, but only if the site can be modified to demonstrably preclude any wetting of deposited waste by groundwater.
b. Upon approval of the plans and supporting information, persons concerned will be notified in writing by the Department. Approval will include appropriate limitations on types of solid waste to be accepted.
c. The Department may revise its approval or disapproval to construct or operate a site in order to make it compatible with new regulations that are adopted by the Department. (15.5)
(6) Minimum site requirements. Unless otherwise ordered or approved by the Department, each sanitary landfill or land disposal site shall be designed, constructed, operated and maintained to meet the following minimum requirements:
a. Only waste for which the site has been designed and for which the Department has given approval shall be accepted at the site.
b. The site shall be designed, constructed, operated and maintained in a way that will protect the health and safety of individuals employed at the site, users of the site, and the public.
i. A safety manual shall be available for use by employees and they shall be instructed in application of the manual's procedures.
ii. Personal safety devices, including, but not limited to, hard hats, gloves, safety glasses and footwear, shall be required for site employees.
iii. Safety devices, including, but not limited to, rollover protective structures, seat belts, audible reverse warning devices and fire extinguishers, shall be provided on all equipment used to spread and compact solid wastes or cover material.
iv. Communications equipment shall be available on site for emergency situations.
c. Qualified personnel shall be at the site to supervise activities during all hours of scheduled operation.
d. The site shall not allow uncontrolled public access, and the site shall be accessible only when operating personnel are on duty.
e. A sign shall be posted at the entrance to the site that indicates the name, permit number, hours of use, penalty for unauthorized use, necessary safety precautions, types of waste accepted or prohibited, and any other pertinent information to ensure the safety and health of the public and employees. Signs shall be posted to direct traffic in an orderly manner, to show general discharge areas, restrictions and access to hazardous waste or special waste disposal areas, and to maintain efficient operating conditions.
f. The supervisor or other responsible person shall keep records of amounts and types of solid waste accepted. This may be done by weighing the material brought to the site, measuring the volume of waste deposited, or estimating the area filled on the site. The amount and location of area completed shall be recorded and kept on file. Such records shall be made available to the Department upon request.
g. Dust shall be controlled at the site and along access roads as necessary to maintain the comfort and health of employees and users of the site and to comply with applicable air pollution control ordinances and regulations.
h. Access roads and the site shall be cleaned as often as necessary to prevent unsightly conditions caused by blowing papers and other misplaced refuse.
i. All solid waste shall be unloaded and deposited only in those areas of the site designated by site personnel and as authorized by the Department in the plan approval.
j. Adequate equipment for trenching, compacting and covering shall be available.
k. All solid waste shall be compacted to the greatest degree practical. The working face shall be limited to the smallest area practical to confine the amount of exposed waste without interfering with effective operation procedures.
l. At least six inches (15.2 centimeters) of cover material shall be placed daily over all solid waste received each day or as often as directed by the Department, after compaction to the smallest practical volume. Cells that will not have additional solid waste placed on them for three months or more shall be covered with 12 inches (30.5 centimeters) of cover material. A minimum of two feet (61 centimeters) of cover material shall be placed over any completed segment of the site.
m. Salvaging shall be conducted in a way that it prevents injury, interference with required site operation, and the creation of a health hazard, nuisance or vector harborage. Drugs, cosmetics, foods, beverages, hazardous chemicals, poisons, pesticides, pathogenic or medical wastes, syringes, needles, or other similar materials capable of impairing public health shall not be salvaged unless approved by the Department. Scavenging shall be prohibited.
n. Insects and rodents or other disease or nuisance vectors shall be controlled at the site through minimization of food and harborage and through initiation of additional control programs if vector populations become established.
o. No open burning shall be permitted. Provisions shall be made to extinguish any fires in solid waste being delivered to the site or that occur at the working face or within equipment or personnel facilities.
p. A disposal site shall not cause:
i. A discharge of pollutants into the waters of the United States that is in violation of the requirements of the National Pollutant Discharge Elimination System (NPDES) under Section 402 of the Clean Water Act as amended.
ii. A discharge of dredged material or fill material into waters of the United States that is in violation of the requirements under Section 404 of the Clean Water Act as amended.
iii. Nonpoint source pollution of waters of the United States that violates applicable legal requirements implementing an area-wide water quality management plan that has been approved by the Administrator of the United States Environmental Protection Agency under Section 208 of the Clean Water Act as amended.
q. Surface water runoff shall be controlled at the site by the following measurers:
i. Final grading of the site shall promote rapid surface runoff without excessive erosion.
ii. The site shall be equipped with suitable channeling devices, including, but not limited to, ditches, berms or dikes, to divert surface runoff from the land area contiguous to the site.
iii. Final cover material shall be well-compacted to enhance runoff while minimizing infiltration.
iv. Runoff not contaminated by solid waste or by leachate shall be routed to a settling basin or by other equally effective control measures to remove sediment before discharge to a receiving stream.
v. The final soil cover on any completed portion of the site shall be seeded or otherwise vegetated to minimize erosion and maximize evapotranspiration.
r. A disposal site shall not contaminate an underground drinking water source or the groundwater beyond the boundary of the disposal site as established in the plan approved by the Department. For the purpose of this section, "contaminate" means the introduction of a substance that would cause the concentration of that substance in the groundwater to exceed the maximum contaminant level specified by state or federal law or the Department, or the introduction of a substance that would cause an increase in the concentration of that substance in the groundwater if the existing concentration of that substance exceeds the maximum contaminate level specified by state or federal law or the Department.
s. Surface water, groundwater, and decomposition gases shall be monitored to determine when remedial action plans are to be implemented:
i. Monitoring wells or other monitoring devices shall be installed and maintained as approved or directed by the Department.
ii. Samples from the monitoring wells or other monitoring devices for surface and groundwater shall be collected and analyzed prior to disposal of solid waste in order to obtain baseline data.
iii. Samples shall be collected from all monitoring wells or devices and analyzed at least once a year and more often if directed by the Department. Copies of the required analysis shall be submitted to the Department within 30 calendar days after sampling, unless otherwise directed by the Department.
iv. Monitors or suitable probes shall be used to enable detection of gases migrating from the site. Explosive gases shall be monitored for their presence above the lower explosive limit. Toxic or asphyxiating gases shall be monitored periodically on a schedule approved by the Department.
t. If required by the Department, leachate control shall be accomplished by one or more of the following practices:
i. The bottom of the disposal site shall be five feet (1.5 meters) or more above the seasonal high groundwater table.
ii. Leachate monitoring devices shall be appropriately placed to monitor the passage of leachate from the site to the groundwater.
iii. The water table shall be lowered.
iv. There shall be no uncontrolled hydraulic connection between the site and standing or flowing surface water.
1. Surface runoff diversion structures shall be constructed surrounding the landfill that are capable of diverting away from the landfill all of the surface water runoff from upland drainage areas.
2. Disposal sites located in the 100-year floodplain shall have a dike of sufficient structural strength and height to prevent inundation.
v. If natural hydrogeologic conditions are unable to eliminate the impact of the total quantity of leachate upon underlying groundwater, the bottom of the site shall be lined with low permeability soil or other approved material. If natural hydrogeologic conditions are virtually incapable of eliminating the impact of any leachate upon the underlying groundwater, the escape of leachate from the bottom and sides of the site shall be prevented by the placement of liners and constant drainage systems. Such liners shall have:
1. A permeability of 1 x 10 (to the minus 7th degree) centimeters per second (one inch or 2.54 centimeters per year) or less.
2. The ability to resist physical and chemical attack by leachate.
3. The capability of maintaining integrity for the design life.
4. A minimum thickness of 12 inches (30.5 centimeters) for natural soil liners and a minimum thickness of twenty mils for synthetic membrane liners, unless otherwise approved by the Department.
vi. Leachate collection, treatment and disposal shall be:
1. Discharged into a municipal or industrial wastewater treatment system if the discharge does not impede the operation of the wastewater treatment system;
2. Disposed by controlled application onto the surface of land if sufficient acreage is available and hydrology, soil type, vegetation, topography and climate for leachate disposal are suitable and groundwater contamination will not occur;
3. Recirculated onto active or completed sections of the site; or
4. Accomplished using other methods approved by the Department.
u. Decomposition gases shall be prevented from migrating to other property or from concentrating in such volume that a danger of explosion or toxicity hazard is created. The concentration of explosive gases generated by the site shall not exceed 25 percent of the lower explosive limit for the gases in a site structure, except for gas control or recovery system components. Explosive gases shall not exceed the lower explosive limit for the gases at the property line. For the purpose of this section "lower explosive limit" shall mean the lowest percentage by volume for mixture of explosive gases that will produce a flame in the air at 76.8 degrees F (25 degrees C) and atmospheric pressure using a testing method approved by the Department. Gas control shall be accomplished:
i. By restricting from disposal at the site volatile solid waste materials with a known high potential for release of harmful gases as a result of chemical reaction;
ii. By construction barriers of natural or artificial materials to prevent the horizontal migration of gases;
iii. By constructing venting or exhaust systems consisting of gravel-filled trenches, or perforated pipe or both;
iv. By providing a combination of barriers or venting systems; or
v. By using other methods approved by the Department.
v. Water treatment plant and digested wastewater treatment plant sludges containing no free moisture shall be placed on the working face and covered with municipal solid waste.
w. Bulky wastes, including, but not limited to, automobile bodies, furniture, appliances and similar items shall be crushed and deposited on the working face near the bottom of the cell or in a separate disposal area. Other bulky items, including, but not limited to, demolition and construction debris, tree trunks, stumps and large timbers shall be deposited on the working face near the bottom of the cell or in a separate disposal area.
x. Dead animals received at the site shall be deposited on the working face at or near the bottom of the cell with other solid waste or in a separate disposal area, provided they are covered immediately with at least six inches (15.2 centimeters) of cover material to prevent odors and the attraction, propagation and harborage of rodents and insects.
y. Any land disposal site disposing of garbage that may attract birds and that exists within 10,000 feet (3,048 meters) of any airport runway used by turbo-jet aircraft or within 5,000 feet (1,524 meters) of any airport runway used by only piston-type aircraft shall ensure there is not a bird hazard to aircraft.
z. In addition to the requirements given in these regulations, a disposal site located in the 100-year floodplain shall not:
i. Restrict the flood that has a one percent or greater chance of recurring in any year or a flood of a magnitude equaled or exceeded once in 100 years on the average over a significantly long period;
ii. Reduce the temporary water storage capacity of the floodplain; and
iii. Result in solid waste being washed out or carried away by the waters of a flood.
1. Adequate shelter and sanitary facilities shall he available for facility or site personnel, which shall include, but not necessarily be limited to, protection from cold and wet weather, hand washing and toilet facilities and drinking water. (15.6)
(7) Closing of land disposal sites.
a. Any person owning or operating a disposal site shall, prior to closure of the site, furnish the Department at least a 30-calendar day written notice.
b. If directed by the Department, a maintenance program shall be initiated immediately following closure of a completed site and continued by the owner or operator for as long as deemed necessary by the Department. The maintenance program may include, but not necessarily be limited to, the following:
i. Monitoring and analysis of surface water, groundwater and decomposition gases;
ii. Leachate and decomposition gas management, including collection, storage, transportation and treatment;
iii. Land surface care, including proper drainage, erosion prevention, settlement and vegetation. (15.7)
(8) Closing of existing or abandoned open dumps. Existing or abandoned open dumps shall be closed within two years following the effective date of these regulations, or sooner if ordered by the Department and in accordance with the following requirements:
a. Absence of rats and other vermin shall be positively established. If rats or other vermin are present, an extermination procedure shall be established and carried out by qualified individuals prior to closing.
b. All fires shall be extinguished before final cover of earth is applied.
c. All solid wastes shall be consolidated, compacted and covered with at least two feet (61 centimeters) of suitable cover material.
d. The final grading shall be accomplished to provide proper surface drainage and to avoid ponding.
e. If feasible, the area should be planted with grass or other vegetation.
f. Any other corrective measures to protect the public health, safety or welfare shall be made as directed by the Department. (15.8)