Current through August 31, 2023
The owner and operator of a Tier II facility shall establish
compliance with the requirements of Section
012 by obtaining Department
approval of the applications required in Subsection
012.02 before beginning
construction and Subsection
012.04 prior to accepting waste.
The owner and operator of a Tier II facility shall meet the requirements of
Subsection 012.05 prior to facility
closure. (3-24-22)
01.
General
Siting Requirements. The owner and operator of a Tier II facility shall
comply with the following siting requirements: (3-24-22)
a. Flood Plain Restriction. A facility shall
not be located within a one hundred (100) year flood plain if the facility will
restrict the flow of the one hundred (100) year flood, reduce the temporary
water storage capacity of the flood plain, or result in a washout of solid
waste so as to pose a hazard to human health and the environment.
(3-24-22)
b. Endangered or
Threatened Species Restriction. The facility shall not cause or contribute to
the taking of any endangered or threatened species of plants, fish, or wildlife
or result in the destruction or adverse modification of the critical habitat of
endangered or threatened species as identified in 50 CFR Part 17 .
(3-24-22)
c. Surface Water
Restriction. The active portion of a facility shall be located such that the
facility shall not cause contamination of surface waters, unless such surface
waters are an integral part of the non-municipal solid waste management
facility's operation for storm water and/or leachate management.
(3-24-22)
d. Park, Scenic or
Natural Use Restriction. The active portion of a facility shall not be located
closer than one thousand (1,000) feet from the boundary of any state or
national park, or land reserved or withdrawn for scenic or natural use
including, but not limited to, wild and scenic areas, national monuments,
wilderness areas, historic sites, recreation areas, preserves and scenic
trails. (3-24-22)
e. Variance from
Siting Requirement. An owner or operator of a facility that cannot meet the
siting requirements of Section
012 may apply for a variance from
the Department. The Department shall approve a written request for a variance
provided the owner and operator demonstrate to the Department that the variance
is at least as protective of public health and the environment as the siting
requirements in Section
012. (3-24-22)
02.
Siting Application.
Documentation shall be submitted to the Department demonstrating compliance
with the siting requirements and restrictions specified in Subsection
012.01 within the time frames
specified in Section 012. If the
documentation has been certified by a qualified professional, the Director
shall approve the siting application unless the Director finds the evidence
supports a contrary opinion. A map indicating the following shall also be
submitted to the Department as part of a Siting Application: (3-24-22)
a. Highways, roads, and adjacent communities;
(3-24-22)
b. Property boundaries;
(3-24-22)
c. Total acreage of the
site; (3-24-22)
d. Off-site and
on-site access roads and service roads; (3-24-22)
e. Type(s) of land use adjacent to the
facility and a description of all facilities on the site; (3-24-22)
f. All water courses, ponds, lakes,
reservoirs, canals, irrigation systems, and existing water supplies, within
one-quarter (1/4) mile of the proposed facility property lines;
(3-24-22)
g. High tension power
line rights-of-way, fuel transmission pipeline rights-of-way, and proposed and
existing utilities; (3-24-22)
h.
Proposed or existing fencing; (3-24-22)
i. Proposed and existing structures at the
facility and within five hundred (500) feet of the facility boundary. This
shall include location of employee buildings, and scales (if provided); and
(3-24-22)
j. Direction of
prevailing winds. (3-24-22)
03.
General Operating
Requirements. The owner and operator of a Tier II facility shall comply
with the following operating requirements: (3-24-22)
a. Prohibited Activities. The following
activities are prohibited: (3-24-22)
i.
Disposal in a landfill of regulated waste from any business that provides
health care, support to health care businesses, or medical diagnostic services
that has not been decontaminated. "Regulated waste" and "decontaminated" for
the purpose of Section
012 have the same meaning as
defined at 29 CFR
1910.1030; (3-24-22)
ii. Speculative accumulation, unless
otherwise approved in an operating plan; and (3-24-22)
iii. Disposal of radioactive waste except in
a facility regulated pursuant to Section
39-4405(9), Idaho
Code, and rules adopted thereunder or a facility regulated under the authority
of The Atomic Energy Act of 1954, as amended. (3-24-22)
b. Signs. Facilities open to the general
public shall clearly post visible and legible signs at each entrance to the
facility specifying, at a minimum, the name of the facility, the hours of
operation, the waste accepted at the facility and an emergency phone number.
(3-24-22)
c. Waste Types. Only the
solid waste types listed in the approved operating plan may be accepted for
disposal or processing. (3-24-22)
d. Waste Monitoring and Measurement.
Provisions shall be made for monitoring or measuring all solid waste delivered
to a facility. The waste monitoring program shall include: (3-24-22)
i. A daily written log listing the types and
quantities of wastes received; (3-24-22)
ii. A plan for monitoring and handling
receipt of unauthorized wastes; (3-24-22)
iii. Routine characterization of the wastes
received; and (3-24-22)
iv. Other
measures included in an approved Operating Plan. (3-24-22)
e. Communication. Communication devices shall
be available or reasonably accessible at the site. (3-24-22)
f. Fire Prevention and Control. Adequate
provisions shall be made for controlling or managing fires at the site.
(3-24-22)
g. Facility Access.
Unauthorized vehicles and persons shall be prohibited access to the facility. A
facility open to the public shall accept waste only when an attendant is on
duty. The facility shall be fenced or otherwise blocked to access when an
attendant is not on duty. (3-24-22)
h. Scavenging and Salvaging. Scavenging by
the public at a facility is prohibited; however, salvaging may be conducted in
accordance with a written operations plan and only by the owner, operator or an
authorized agent. (3-24-22)
i.
Nuisance Control. The owner and operator shall control nuisances, including but
not limited to: (3-24-22)
i. Disease or
Discomfort. Operations at any facility shall not provide sustenance to rodents
or insects that cause human disease or discomfort; (3-24-22)
ii. Vector. Vector control procedures shall
prevent or control vectors that may cause health hazards or nuisances;
(3-24-22)
iii. Odor. The facility
shall be operated to control malodorous gases; and (3-24-22)
iv. Litter. Effective measures shall be taken
to minimize the loss of debris from the facility. Debris blown from or within
the facility shall be collected and properly disposed to prevent objectionable
accumulations. (3-24-22)
j. Bird Hazards to Aircraft. No facility may
handle putrescible wastes in such a manner that may attract birds and increase
the likelihood of bird/aircraft collisions. Facilities that are located within
ten thousand (10,000) feet of any airport runway used by turbojet aircraft, or
within five thousand (5,000) feet of any airport used by only piston-type
aircraft shall operate the facility in such a manner that birds are not a
hazard to aircraft. (3-24-22)
k.
Open Burning and Fires. Open burning is prohibited at facilities except as
authorized by Section
061. (3-24-22)
l. Storm Water Run-On/Run-Off Controls. The
operating plan shall include sufficient storm water management provisions,
which may incorporate a NPDES storm water pollution prevention plan, to prevent
contamination of surface and ground water and prevent the spread and impact of
contamination beyond the boundary of the facility. (3-24-22)
m. Variance Request. An owner and operator of
a facility may submit to the Department a written variance request for a
variance from the operating requirements listed in Section
012. The Department shall approve a
written request for a variance provided the owner and operator demonstrate to
the Department that the variance is at least as protective of human health and
the environment as the requirements listed in Section
012. (3-24-22)
04.
Operating Plan. The owner
and operator of a Tier II facility shall submit to the Department an Operating
Plan containing that information required by Subsection
012.03, within the time frames
stated in Section 012. An
Operating Plan shall include a description of the wastes to be accepted, the
methods for maintaining compliance with each of the applicable general
operating requirements of Subsection
012.03, and complies with any
applicable facility specific requirements found in Subsections
012.09 through
012.11. (3-24-22)
05.
Closure Requirement. The
owner and operator of a Tier II facility shall comply with the following
closure and post-closure care requirements: (3-24-22)
a. Public Notice. For a facility open to the
public the owner and operator shall provide public notice of the facility's
closure by publishing a notice in the local newspaper and posting signs at the
facility's entrance. This notice shall be published and the signs posted;
(3-24-22)
i. At least thirty (30) days and no
more than ninety (90) days prior to the date of last receipt of waste for a
facility that has reached disposal capacity; or (3-24-22)
ii. If the facility has remaining capacity
and there is a reasonable likelihood that the facility will receive additional
waste, a notice shall be published and signs posted at least thirty (30) days
and no more than ninety (90) days prior to closure.
(3-24-22)
b. Facility
Closure. Unless the Department establishes an alternate closure time period,
the owner and operator shall close the facility within six (6) months of the
Department's approval of the Closure Plan. The facility shall be closed in
accordance with the approved Closure Plan. (3-24-22)
c. Clean Site/Access Control. The owner and
operator shall close the facility by managing or removing all solid waste to
prevent impact to human health or the environment and installing a gate or
other device to prevent public access after the last receipt of waste; and
(3-24-22)
d. Drainage and Erosion
Control. The owner and operator shall install appropriate measures to control
erosion and install appropriate measures to control the run-on and runoff from
a twenty-five (25) year, twenty-four (24) hour storm event and to provide for
the diversion of other surface waters from the closed facility.
(3-24-22)
e. Closure Plan
Certification. Within thirty (30) days of closure, the owner and operator shall
notify the Department in writing that the facility was closed in accordance
with the approved Closure Plan. If closure of the facility is different from
the approved Closure Plan, the owner and operator shall submit for Department
review and approval documents, such as "as-built" plans, showing the final
conditions of the facility. (3-24-22)
06.
Closure Plan Application.
Except as specified in Subsection
012.10, the owner and operator
of a Tier II facility shall submit to the Department a Closure Plan Application
containing the following information no later than ninety (90) days before the
date on which the facility receives the known final receipt of wastes or, if
the facility has remaining capacity and there is a reasonable likelihood that
the facility will receive additional wastes, no later than one (1) year after
the most recent receipt of wastes: (3-24-22)
a. A complete and accurate legal description
of the facility; (3-24-22)
b. A map
of the facility, showing pertinent facility features, including: (3-24-22)
i. Facility boundaries, drainage patterns,
location of fill areas, and location of access control measures;
(3-24-22)
ii. All water courses,
ponds, lakes, reservoirs, canals, irrigation systems, and existing water
supplies, within one-quarter (1/4) mile of the facility boundary;
(3-24-22)
iii. Location of disposal
trenches and description of waste disposed; and (3-24-22)
iv. Proposed final contours of the closed
facility, drawn to a reasonable scale with five (5) foot intervals for the
operational area, and ten (10) foot intervals for the remainder of the
facility; (3-24-22)
c.
Estimated date of last receipt of waste; (3-24-22)
d. A description of how public access to the
closed facility will be controlled; (3-24-22)
e. Estimated total cubic yards, or tons, of
waste in place; (3-24-22)
f. Total
acreage of the facility and acres containing waste; (3-24-22)
g. Closure equipment and procedures to be
used; (3-24-22)
h. Texture, depth
and permeability of final cover material; (3-24-22)
i. Design and construction plan for any
necessary final cover; (3-24-22)
j.
Placement, design, and management of run-on and run-off storm water controls;
(3-24-22)
k. Types of vegetation
and planting procedures to be used for establishing vegetative cover;
(3-24-22)
l. Other closure
information the Department determines is necessary to protect human health and
the environment. (3-24-22)
07.
Documentation Requirements.
The owner and operator of a Tier II facility shall maintain on site a copy of
each Department-approved Application and Plan required by Section
012. (3-24-22)
08.
Modification Application.
The owner and operator shall submit to the Department for review and approval a
Modification Application describing any proposed modification. The owner and
operator of a Tier II facility shall not implement the modification prior to
Department approval. If a proposed modification alters the classification of a
facility, the owner and operator shall comply with the application content,
review and approval requirements for the new classification.
(3-24-22)
09.
Tier II
Processing Facilities. In addition to the requirements in Subsections
012.01 through
012.08, the owner and operator
of a Tier II processing facility shall also comply with the following
requirements: (3-24-22)
a. Siting
Requirements: (3-24-22)
i. Ground Water. The
active portion of a facility shall be located, designed and constructed such
that the facility shall not cause contamination to a drinking water source or
cause contamination of the ground water. (3-24-22)
ii. Geologic Restrictions. No facility may be
located on land that would threaten the integrity of the design.
(3-24-22)
iii. Property Line
Restriction. The active portion of a facility shall not be located closer than
one hundred (100) feet to the property line. (3-24-22)
b. Siting Application. The owner and operator
shall provide in the Siting Application documentation that demonstrates
compliance with the siting requirements specified in Subsection
012.01 and
012.09.a. (3-24-22)
c. Operating Requirements: (3-24-22)
i. Odor Management Plan. The owner and
operator of a Tier II processing facility shall implement a Department approved
Odor Management Plan designed to minimize malodorous gases. An Odor Management
Plan shall include specific operating criteria for oxygen, moisture and
temperature levels appropriate for the wastes to be processed and processing
technologies to be employed, methods used to maintain the specific operating
criteria and a monitoring strategy that includes the frequency and parameters
for monitoring the specific operating criteria. (3-24-22)
ii. Documentation requirement. The owner and
operator of a processing facility shall maintain documentation of compliance
with Section 012,
including an operational log of the methods used to maintain the operating
criteria and sampling results. (3-24-22)
d. Operating Plan. The operating plan
required in Subsection
012.04 shall identify methods
used for maintaining compliance with each applicable operating requirement of
Subsection 012.03 and Subsection
012.09.c.
(3-24-22)
10.
Tier
II Incinerators, VSQG Management Facility and Transfer Stations. In
addition to the requirements in Subsections
012.01 through
012.04 and Subsections
012.07 and
012.08, the owner and operator
of a Tier II incinerator, VSQG management facility or transfer station shall
comply with the following requirements: (3-24-22)
a. Design Requirements. The owner and
operator shall comply with the following design requirements: (3-24-22)
i. A tipping floor design constructed of
impermeable and durable material and designed to contain, collect, and convey
any liquids to a storage or leachate management system; and (3-24-22)
ii. A leachate storage or management system.
(3-24-22)
b. Design
Application. The following information shall be submitted to the Department in
a Design Application: (3-24-22)
i. A
description of the tipping floor design; (3-24-22)
ii. A description of the storage or leachate
management system design; (3-24-22)
iii. Building and construction design
blueprints; (3-24-22)
iv. A map
illustrating a storm water run-on/run-off system designed to prevent
contamination of surface and ground water, and prevent the spread and impact of
contamination beyond the boundary of the facility; and (3-24-22)
v. Operational design and capacity
information including a description of the waste types and projected daily and
annual waste volumes. (3-24-22)
c. Operating Requirements. The owner and
operator of a Tier II facility shall comply with the following operating
requirements: (3-24-22)
i. Implement cleaning
procedures and waste residency times to maintain sanitary conditions on the
surface of the tipping floor; and (3-24-22)
ii. Implement and operate a leachate storage
or management system. (3-24-22)
d. Closure Requirement. The owner and
operator of a Tier II facility shall comply with the following closure and
post-closure care requirements: (3-24-22)
i.
Public Notice. For a facility open to the public the owner and operator shall
provide public notice of the facility's closure by publishing a notice in the
local newspaper and posting signs at the facility's entrance. This notice shall
be published and the signs posted at least thirty (30) days prior to closure;
(3-24-22)
ii. Facility Closure. The
owner and operator shall close the facility by removing all solid waste to
prevent impact to human health or the environment and installing a gate or
other device to prevent public access after the last receipt of waste;
(3-24-22)
iii. Closure Time Period.
Unless the Department establishes an alternate closure time period, the owner
and operator shall close the facility within two (2) months of the Department's
approval of the Closure Plan. The facility shall be closed in accordance with
the approved Closure Plan; and (3-24-22)
iv. Closure Plan Certification. Within thirty
(30) days of closure, the owner and operator shall notify the Department in
writing that the facility was closed in accordance with the approved Closure
Plan. If closure of the facility is different from the approved Closure Plan,
the owner and operator shall submit for Department review and approval
documents, such as "as-built" plans, showing the final conditions of the
facility. (3-24-22)
e.
Closure Plan Application. The owner and operator shall submit to the Department
a Closure Plan Application containing the following information no later than
ninety (90) days before the date on which the facility receives the known final
receipt of wastes: (3-24-22)
i. A complete
and accurate legal description of the facility; (3-24-22)
ii. A map of the facility, showing pertinent
facility features, including facility boundaries, drainage patterns, and
location of access control measures; (3-24-22)
iii. Estimated date of last receipt of waste;
(3-24-22)
iv. A description of how
public access to the closed facility will be controlled; (3-24-22)
v. Closure equipment and procedures to be
used; (3-24-22)
vi. Anticipated
future uses for the facility; and (3-24-22)
vii. Other closure information the Department
determines is necessary to protect human health and the environment.
(3-24-22)
11.
Tier II NMSWLF. In addition to the requirements in Subsections
012.01 through
012.08, the owner and operator
of a Tier II NMSWLF shall also comply with the following requirements:
(3-24-22)
a. Siting Requirements: (3-24-22)
i. Wetlands. A facility shall not be located
in wetlands, except as provided in
40 CFR
257.9. (3-24-22)
ii. Ground Water. The active portion of a
facility shall be located, designed and constructed such that the facility
shall not cause contamination to a drinking water source or cause contamination
of the ground water. (3-24-22)
iii.
Geologic Restrictions. No facility may be located on land that would threaten
the integrity of the design. (3-24-22)
iv. Property Line Restriction. The active
portion of a facility shall not be located closer than one hundred (100) feet
to the property line. (3-24-22)
b. Siting Application. The owner and operator
shall provide in the Siting Application documentation that demonstrates
compliance with the siting requirements specified in Subsections
012.01 and
012.11.a.; (3-24-22)
c. Design Application. The owner and operator
shall provide the following information for design approval: (3-24-22)
i. A facility map illustrating: (3-24-22)
(1) Surface water and erosion control
systems; (3-24-22)
(2) Proposed
fill area, including the location of waste disposal trenches or cells, noting
the locations of trenches used for separated wastes such as animal carcasses,
tree trunks, stumps, bulky wastes, car bodies, asbestos, and petroleum
contaminated soils; (3-24-22)
(3)
Location of borrow areas; (3-24-22)
(4) Design elevation grade of final cover;
(3-24-22)
(5) Soil and water table
test boring holes, wells, or excavations; (3-24-22)
(6) Proposed receiving, storage, and
processing areas; (3-24-22)
(7)
Proposed trench layout and development; and (3-24-22)
(8) Contour lines at five (5) foot intervals
within the operating area and ten (10) foot intervals to the facility boundary.
(3-24-22)
d.
Operating Requirements: The owner and operator of a NMSWLF shall comply with
the following operating requirements: (3-24-22)
i. Compaction and placement of waste in
locations consistent with the approved operating plan; (3-24-22)
ii. Provision for storage of waste during
periods when the NMSWLF is inaccessible; (3-24-22)
iii. Application of a six (6) inch compacted
soil cover layer on exposed waste as necessary to prevent nuisance and vector
conditions at periods consistent with the approved operating plan. An owner and
operator may request that the Department approve an alternate cover that
addresses vectors, litter, fire, odor, and scavenging concerns;
(3-24-22)
iv. Placement of an
interim cover layer of twelve (12) inches of compacted soil between lifts to
provide erosion control and structural stability. An owner and operator may
request that the Department approve an alternate interim cover that addresses
erosion, and stability for subsequent lifts; (3-24-22)
v. Preservation of existing vegetation where
attainable. (3-24-22)
e.
Operating Plan. The operating plan required in Subsection
012.04 shall identify the
methods used for maintaining compliance with each applicable operating
requirement of Subsection
012.03 and Subsection
012.11.d.; (3-24-22)
f. Closure Requirements. The owner and
operator of a Tier II NMSWLF shall comply with the following closure
requirements: (3-24-22)
i. Final Cover. Within
seven (7) days of the date of last receipt of waste, a cover layer shall be
applied to prevent nuisances and vector conditions. Within one hundred and
twenty (120) days of the date of last receipt of waste, a final cover layer of
eighteen (18) inches of compacted soil with an approved in-place permeability
designed to minimize infiltration, or its functional equivalent, and, a six (6)
inch soil layer that minimizes erosion and sustains plant growth shall be
constructed; (3-24-22)
ii. Facility
Stabilization. All disturbed portions of the facility shall be stabilized.
Stabilization practices may include but are not limited to: establishment of
vegetation, mulching, geotextiles, and sod stabilization; (3-24-22)
iii. Slope Stability. Finished grade shall be
at a minimum of two percent (2%) and a maximum of thirty- three percent (33%)
slope on the final surface of the completed fill area, after settlement; and
(3-24-22)
iv. Drainage Control. The
completed landfill shall be graded to prevent surface water ponding and
erosion, and to conform to the local topography. (3-24-22)
g. Closure Plan. The owner and operator shall
provide in the Closure Plan documentation that demonstrates compliance with
closure requirements specified in Subsections
012.05 and
012.11.f. (3-24-22)
h. Environmental Covenants: (3-24-22)
i. After completion and certification of
closure of a NMSWLF, the owner and operator shall record an environmental
covenant, pursuant to the Uniformed Environmental Covenants Act (UECA) Chapter
30, Title 55, Idaho Code, on the property where the landfill facility is
located and its future use may be restricted in accordance with a post-closure
care plan. A copy of the environmental covenant shall be sent to the Department
after recording with the county clerk; (3-24-22)
ii. The owner may request permission from the
Department to remove the environmental covenant if all wastes are removed from
the facility; (3-24-22)
iii.
Federal agencies with responsibility for management of landfills on federal
property shall make an environmental covenant or notation in the federal
property records for the affected property. If the subject property is ever
sold or transferred by the federal government, a notation on the deed or patent
shall be made. (3-24-22)
i. Post-Closure Care Plan. Owners and
operators of a NMSWLF shall submit, in accordance with the time frames
specified in Subsection
012.06, to the Department for
review and approval a Post-Closure Care Plan, shall obtain Department approval
of the Plan, and shall conduct post-closure care in accordance with the Plan.
The Post-Closure Care Plan shall typically contain: (3-24-22)
i. The name and address of an agent
authorized to accept communications or service during the post-closure period.
The name may be changed during the post-closure period by providing the
Department with twenty (20) days advance written notice of the change;
(3-24-22)
ii. Provisions to
maintain the integrity and effectiveness of the final cover;
(3-24-22)
iii. Provisions to
continue to maintain and operate the systems required in the operating plan
including run-on/run-off control systems; (3-24-22)
iv. Provisions to maintain appropriate
security of the closed facility; (3-24-22)
v. Provisions for routine facility
inspections by the owner and operator to insure compliance with the
Post-Closure Care Plan; and (3-24-22)
vi. A description of the planned use(s) of
the property during the post-closure care period: (3-24-22)
j. Post-closure care for the NMSWLF shall be
conducted for a period of five (5) years, unless the Department establishes in
writing an alternate facility-specific post-closure care period.
(3-24-22)
k. Post-Closure Standards
and Inspection. Post-closure use or operation of the site shall not disturb any
final cover or storm water control systems in a manner that will increase the
potential to threaten human health or the environment. (3-24-22)
l. The approved Post-Closure Care Plan shall
be maintained and available for review on request by the Department.
(3-24-22)