401 KAR 48:090. Operating requirements for contained landfills.
RELATES TO: KRS 224.01, 224.10, 224.40, 224.43, 224.99
STATUTORY AUTHORITY: KRS 224.10-100, 224.40-305
NECESSITY, FUNCTION, AND CONFORMITY: KRS Chapter 224 requires the cabinet to promulgate administrative regulations for the management, processing, or disposal of solid wastes. KRS 224.40-305 requires that persons engaging in the management, processing, and disposal of solid waste obtain a permit. This chapter establishes the minimum technical standards for solid waste sites or facilities. This administrative regulation sets forth the requirements for contained landfills.
Section 1. General. The owner or operator of a contained landfill shall operate the facility in accordance with the requirements of KRS Chapter 224 and the administrative regulations promulgated pursuant thereto, the conditions of the solid waste permit issued by the cabinet, and the approved application filed with the cabinet.
Section 2. Procedures for Excluding the Receipt of Hazardous Waste. (1) The owner or operator of a solid waste contained landfill shall implement a program at the facility for detecting and preventing the disposal of regulated hazardous wastes as defined in 401 KAR Chapter 31 and polychlorinated biphenyls (PCB) wastes as defined in 40 CFR Part 761. This program shall include, at a minimum:
(a) Random inspections of incoming loads;
(b) Inspection of suspicious loads;
(c) Records of any inspections;
(d) Training of facility personnel to recognize regulated hazardous waste; and
(e) Procedures for notifying the proper authorities if a regulated hazardous waste is discovered at the facility; and
(f) Employee safety, health, training and equipment to be used in inspection.
(2) The owner or operator shall implement the following additional inspection standards to meet the requirements of subsection (1) of this section:
(a) The owner or operator shall have a program, approved by the cabinet, to inspect all waste entering a contained landfill. The program to exclude hazardous wastes shall include:
1. Random inspections in time, but uniformly distributed to all waste sources based on volume; and
2. Identification data concerning the hauler on the operating inspection record including name of the driver, name of the hauler, address, source, volume, and waste characteristics. The owner or operator shall maintain a record of the inspections in accordance with the approved recordkeeping requirements.
(b) Upon discovery of hazardous waste, the owner or operator of a contained landfill shall isolate the load and notify the cabinet immediately.
Section 3. Cover Material and Disease Vector Control Requirements. (1) Daily cover.
(a) The owner or operator shall place a minimum of six (6) inches of cover over all exposed solid waste at the end of each working day or, for continuously operating landfills, once every twenty-four (24) hours. The purpose of this cover shall be to control disease, fires, blowing litter and disease vectors. The owner or operator shall only use soil or properly weathered or crushed shales, siltstones or other materials as approved by the cabinet. Soils and other weathered, earthened material that have been contaminated with petroleum may be used as daily cover if the maximum benzene concentration of the material is less than or equal to one (1.0) ppm and if the material is not placed as daily cover during a precipitation event;
(b) The daily cover shall not have any protruding waste, except for the occasional litter embedded into the surface, which shall not exceed ten (10) percent of the cover area;
(c) Daily cover shall be compacted upon application and provide positive drainage. The owner or operator shall place daily cover to allow for proper drainage and shall immediately compact and grade the soil;
(d) The owner or operator may remove daily cover to facilitate the vertical passage of methane gas and leachate and shall recover the exposed areas within eight (8) hours of exposure; and
(e) The owner or operator shall dispose of any daily cover removed under subsection (1)(d) of this section as solid waste.
(2) Interim cover period. The owner or operator shall:
(a) Place an additional six (6) inches of interim cover over any area that shall not receive additional solid waste within thirty (30) calendar days of the last waste placement. With the daily cover applied in accordance with subsection (1) of the section, the additional interim cover shall increase the total cover depth to twelve (12) inches;
(b) On the day waste is to be placed over an area that is covered with daily and interim cover, an owner or operator may remove a maximum depth of six (6) inches of interim cover over the area of the cell for that day's operation;
(c) Place, compact and grade the interim cover to effect proper drainage; and
(d) Apply temporary erosion controls at the time of placing interim cover.
(3) Long term cover. The owner or operator:
(a) Shall apply an additional eighteen (18) inches of long-term cover over all areas that shall not receive additional waste within four (4) months by September 15 of each year. With the daily and interim cover, the total thickness of the cover in these areas shall be thirty (30) inches;
(b) May remove a maximum of eighteen (18) inches of the thirty (30) inches of cover in this subsection within the seven (7) calendar days prior to additional waste placement. The owner or operator may remove remaining soil leaving no less than six (6) inches of daily cover from the daily cell area on the day additional waste is to be placed;
(c) Shall place, compact and grade the long term cover to effect proper drainage; and
(d) Shall complete erosion controls and proper seeding of interim and long-term cover during the fall seeding season.
(4) Final cover. The owner shall initiate the application of final cover:
(a) Within thirty (30) days of filling a completed phase of the landfill to final design grade; and
(b) Annually such that the final cap is in place by September 15 in all areas of the landfill that have reached final grade by August 15 of each year.
(c) An alternate schedule may be approved by the cabinet when construction techniques shall preclude construction by the above referenced dates.
(5) Cover report. The owner or operator shall record, on a form approved by the cabinet, the daily cell locations, and dates of cover applications at the landfill including: daily usage area, daily, interim, long term and final cap installation dates and certification reports.
Section 4. Explosive Gases Control. (1) The owner or operator of a contained solid waste landfill shall ensure that:
(a) The concentration of methane gas generated by the facility does not exceed twenty-five (25) percent of the lower explosive limits (LEL) for methane in facility structures (excluding gas control or recovery system components); and
(b) The concentration of methane gas does not exceed the lower explosive limit for methane at the facility property boundary.
(2) The owner or operator of a contained landfill shall quarterly monitor for explosive gas at the following locations:
(a) Underneath or in the low area of each on-site building;
(b) At locations along the boundary as shown in the permit;
(c) At each gas passive vent installed under the final closure cap;
(d) At any potential gas problem areas, as revealed by dead vegetation or other indicators; and
(e) At any other points required by the permit.
(3) The owner or operator shall record the date, time, location, percent lower explosive limit and other pertinent information on the recordkeeping form approved by the cabinet.
(4) The owner or operator shall install, operate and maintain a gas detector with an alarm set at twenty-five (25) percent of the lower explosive limit in each on-site building.
(5) If methane gas levels exceeding the limits specified in subsection (1) of this section are detected, the owner or operator shall:
(a) Take all necessary steps to ensure immediate protection of human health;
(b) Immediately notify the cabinet of the methane gas levels detected and the immediate steps taken to protect human health; and
(c) Within fourteen (14) days, submit to the cabinet for approval a remediation plan for the methane gas releases. The plan shall describe the nature and extent of the problem and the proposed remedy. The plan shall be implemented upon approval by the cabinet.
Section 5. Air Criteria. (1) The owner or operators of contained landfills shall not permit or engage in open burning of waste. Any open burning shall be immediately extinguished. Wastes that are burning or smoldering shall not be deposited in the fill. Such materials shall be deposited in a hot load area designated in the permit. The cabinet may grant emergency permission to burn in accordance with 401 KAR 47:150. The owner or operator shall follow the plan approved for such purposes.
(2) The owner or operator shall properly control dust on haul roads and other areas to prevent a nuisance to surrounding areas.
Section 6. Access Requirements. (1) The owner or operator of a contained solid waste landfill shall control public access and prevent unauthorized vehicular traffic and illegal dumping of wastes to protect human health and the environment. The owner or operator shall use artificial barriers, natural barriers, or both, as appropriate. Each access point shall be controlled by lockable entrance ways.
(2) The owner or operator shall construct and maintain:
(a) Lockable entrance ways at all access points;
(b) The major access road from a publicly maintained highway to the landfill;
(c) The perimeter road; and
(d) An all-weather road to within 200 feet of the working face.
(3) The owner or operator of a contained landfill shall remove debris, mud, and waste from vehicles before leaving the site. The owner or operator shall be responsible for removing landfill debris, mud, and waste from off-site roadways.
Section 7. Water Controls. The owner or operator of a contained solid waste landfill shall:
(1) Maintain the site as necessary to prevent erosion or washing of the fill, and grade as necessary to drain rainwater from the fill area and to prevent standing water.
(2) Maintain all run-on and run-off control systems as necessary to maintain original design capacity as required by Section 2 of 401 KAR 48:070. This includes, but shall not be limited to:
(a) Removal of sediment from run-off control structures. The site design shall specify the method to be used to determine when clean-out shall occur;
(b) Removal of debris, wastes and soil from diversion and run-off ditches to maintain the design capacity;
(c) Construction and maintenance of temporary diversion ditches around the current working face. The owner or operator shall specify the location of the temporary ditches in the operational plan required by 401 KAR 47:190 and the ditches shall be approved by a professional engineer registered in the Commonwealth of Kentucky.
Section 8. Waste Restrictions. (1) The owner or operator of a contained landfill shall only dispose of wastes that:
(a) Are not hazardous wastes regulated pursuant to 401 KAR Chapters 30 through 40, except for limited quantity hazardous wastes and exempt spill residues;
(b) Do not contain free liquids as determined by the cabinet; and
(c) Are specified in the approved permit application.
(2) The owner or operator shall comply with the recordkeeping and reporting requirement of Section 11 of this administrative regulation pertaining to the location of disposed limited quantity hazardous waste and exempt spill residues.
Section 9. Working Face Requirements. (1) Within two (2) hours of receipt, the owner or operator shall spread wastes in loose layers not exceeding twenty-four (24) inches in depth and compact it to the maximum practicable density. The owner or operator shall use the equipment specified in the permit for compaction. The operator shall pass the equipment over 100 percent of the waste surface at least four (4) times. Each loose layer shall be fully compacted before any additional waste is placed.
(2) The owner or operator shall not exceed the lift height specified in the permit.
(3) The owner or operator shall not place an initial lift containing any object that may damage the bottom liner. The owner or operator shall protect the liner system with a layer of dirt, waste or similar blanket placed between operating equipment and the liner.
(4) The daily working face shall be restricted to the smallest area practical for working face operation.
(5) The completed cell shall consist of the solid waste compacted during one (1) working day.
(6) The owner or operator shall prohibit scavenging within 100 feet of the working face. All salvage and recycling shall occur at areas so designated in the permit.
(7) The owner or operator shall only allow access to the landfill when operating personnel are on the site.
(8) The owner or operator shall not accept solid waste at a rate that exceeds the rated capability of the operational compaction and cover equipment available on site.
(9) The owner or operator shall not accept solid waste without landfill personnel present to supervise the unloading.
(10) The grounds in and about a landfill shall not be allowed to become a nuisance. When necessary, interior fences may be required to prevent litter from blowing from the landfill. The permitted area shall be policed on a routine basis to collect all scattered material.
(11) All litter attributable to the site's operation shall be picked up within forty-eight (48) hours.
(12) Unless excluded from the site, large bulky items and other nonresidential wastes shall be deposited in a manner approved by the cabinet.
(13) The owner or operator shall conform to the posted operating hours for receiving waste and shall notify the cabinet of the operating hours before changing them. The entrance sign shall meet the requirements of Section 14(2) of this administrative regulation.
Section 10. Employee Facilities. The owner or operator of a contained landfill shall provide buildings meeting Section 9 of 401 KAR 48:070, for site personnel. The buildings shall be maintained in a safe and sanitary manner. One (1) building shall have a safe drinking water supply.
Section 11. Reports and Recordkeeping. Records and reports shall be maintained and submitted in accordance with Section 8 of 401 KAR 47:190.
Section 12. Groundwater Monitoring. The owner or operator of a contained solid waste landfill shall implement the groundwater monitoring program in the approved application.
Section 13. Closure and Closure Care Requirements. (1) The owner or operator shall comply with the following closure requirements:
(a) The owner/operator of a contained landfill shall prepare a written closure plan that describes the closure activities for each unit including the following:
1. The methods to be employed to maintain the integrity and effectiveness of any final cap, including making repairs to the cap as necessary to correct the effects of settling, subsidence, erosion, or other events, and preventing run-on and run-off from eroding or otherwise damaging the final cap. The layer addressed in Section 8(4) of 401 KAR 48:080 shall have a maximum permeability less than or equal to the permeability of any bottom liner system or natural subsoils present;
2. Maintenance and operation of the leachate collection system in accordance with the requirements, if applicable, until leachate no longer is generated;
3. Groundwater monitoring in accordance with the requirements of 401 KAR 48:300 and maintaining the groundwater monitoring system; and
4. Maintenance and operation of the explosive gas monitoring system in accordance with the requirements of Section 4 of this administrative regulation.
(b) The closure period shall be at least two (2) years following the cabinet's acceptance of the owners certification of closure.
(2) The owner or operator of a contained landfill shall prepare and implement a written closure care plan that describes monitoring and routine maintenance activities that shall be carried out during the closure care period of at least thirty (30) years. The closure care plan shall include, at a minimum, the following information:
(a) A description of the monitoring and maintenance activities for each unit and the frequency at which these activities shall be performed;
(b) Name, address and telephone number of the person or office to contact about the facility during the closure care period; and
(c) A description of the planned uses of the property during the closure care period. Closure care use of the property shall not be allowed to disturb the integrity of the final cap, liner(s), or any other components of the containment system, or the function of the monitoring systems, unless upon demonstration by the owner or operator, the cabinet determines that the activities shall not increase the potential threat to human health or the environment or the disturbance is necessary to reduce a threat to human health or the environment. The owner or operator shall obtain approval from the cabinet in order to remove any wastes or waste residues, the liner, or contaminated soils from the land.
(3) The closure care plan shall be submitted with the permit application and shall be approved by the cabinet. Any subsequent modification to the closure care plan also shall be proved by the cabinet. A copy of the most recently approved closure care plan shall be kept at the facility until completion of the closure care period has been certified in accordance with subsection (5) of this section.
(4) The owner or operator shall record a notice in the deed that shall in perpetuity notify any potential purchaser of the property of the location and time of operation of the facility, the nature of the waste placed in the site and a caution against future disturbance of the area. Such notice shall be recorded in accordance with KRS Chapter 382 and proof of recording shall be submitted to the cabinet prior to the cabinet's acceptance of certification of closure.
(5) Following completion of all closure and closure care periods for each unit, the owner or operator of a contained landfill shall submit to the cabinet certification by a professional engineer, verifying that all phases of closure and closure care have been completed in accordance with the approved plans and the requirements of KRS Chapter 224.
Section 14. Signs. (1) Warning signs shall be visible at all landfill access points. The warning signs shall be readable at a distance of 100 feet. The signs shall give warnings of all site hazards, including but not limited to: explosive gases, heavy equipment movement and heavy truck movements.
(2) Entrance signs shall be visible, located at the public entrances and all entrances used by waste hauling vehicles. The signs shall be readable from 100 feet. They shall indicate landfill name, name of the owner, name of the operator, the hours of receiving wastes, the permit number and an emergency telephone number.
Section 15. Alternative Specifications. Alternative specifications may be used only after approval by the cabinet upon a demonstration by a qualified registered professional engineer that they shall 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. (16 Ky.R. 1782; Am. 2216; 2378; eff. 5-8-90; 21 Ky.R. 503; 1102; eff. 11-7-94.)