Current through September 18, 2024
Authority: IC 13-14-8-7; IC 13-15; IC 13-19-3
Affected: IC 13-19-3; IC 13-20; IC 36-9-30
Sec. 14.1.
(a) The
owner, operator, or permittee of an MSWLF unit that is constructed with a
leachate collection system and composite liner in accordance with
329
IAC 10-17 may apply a material as alternative daily
cover only in accordance with this section and any requirements in the facility
permit. The following materials must not be applied as alternative daily cover:
(1) A solid waste that contains a toxicity
characteristic contaminant listed in
40 CFR
261.24, Table 1*, at a level equal to or
greater than seventy-five percent (75%) of the regulatory level for that
contaminant, determined in accordance with 329 IAC 3.1.
(2) Putrescible waste.
(3) Infectious waste.
(4) Baghouse dust.
(5) Biosolid that does not meet Class A
criteria described in
327 IAC
6.1-4-13(c).
(6) Material containing PCB that is not
listed in subsection (c) or (e).
(b) Unless permitted otherwise under
subsection (e), all material used as alternative daily cover must meet the
following performance standards:
(1) The
material must meet all requirements of this article for disposal in a municipal
solid waste landfill.
(2) Use of
the material must not result in:
(A) blowing
litter;
(B) blowing dust;
or
(C) disease
vectors.
(3) The material
must not contribute to:
(A) fire;
(B) odor; or
(C) scavenging.
(4) The material must not:
(A) be composed of more than twenty percent
(20%) particles smaller than six hundred (600) microns; or
(B) have a bulk density less than one (1)
gram per cubic centimeter.
(5) The material must not be soluble in
water.
(6) A dry material must not
exhibit a pH of:
(A) less than or equal to
five (5); or
(B) greater than or
equal to ten (10);
when tested in accordance with Method 9045C*, "Soil and Waste
pH", described in U.S. Environmental Protection Agency Publication
SW-846.
(7) When
applied as alternative daily cover in accordance with this section, the
material must not present a threat to human health or the environment as
follows:
(A) The material must not exceed an
exposure limit listed in any of the following:
(i)29 CFR 1910, Subpart Z*.
(ii)
29 CFR
1926.55 *.
(iii)
29 CFR
1926.62 *.
(B) The material must not be ignitable under
conditions that exist at the working face of the landfill.
(8) Waste must not be visible after
application of the material as alternative daily cover.
(c) The owner, operator, or permittee of the
municipal solid waste landfill shall apply for an insignificant facility
modification in accordance with
329 IAC
10-3-3(b) to apply any of the
following materials as alternative daily cover:
(1) Altered tires.
(2) Wood chips.
(3) Compost.
(4) Foundry sand.
(5) Geotextile.
(6) Plastic tarpaulin.
(7) Material excluded from regulation by
329 IAC
10-3-1(1).
(8) Dewatered publicly owned treatment works
sludge.
(9) Dewatered paper
sludge.
(10) Petroleum contaminated
soil.
(11) Soil contaminated with
vegetable oil.
(12) Material
containing PCB allowed under
40 CFR
761.62(d) *.
(13) Material containing less than fifty (50)
parts per million PCB that:
(A) results from
a source that contained less than fifty (50) parts per million PCB;
(B) would otherwise meet the definition of
PCB bulk product waste in
40
CFR 761.3 *; and
(C) is listed in
40 CFR
761.62(b)(1)
*.
(14) Other material
containing less than or equal to ten (10) parts per million PCB not as a result
of dilution.
(d) The
owner, operator, or permittee of the municipal solid waste landfill shall apply
for an insignificant facility modification in accordance with
329 IAC
10-3-3(c) to apply a material that:
(1) is not listed in subsection (c);
and
(2) meets the performance
standards in subsection (b) when delivered to the working face of the
landfill.
(e) The owner,
operator, or permittee of the municipal solid waste landfill shall apply for a
minor modification in accordance with
329 IAC
10-11-6 to apply any of the following materials as
alternative daily cover:
(1) A material that:
(A) is not listed in subsection (c);
and
(B) does not meet the
performance standards in subsection (b) when delivered to the working face of
the landfill but can be made to meet the performance standards using additional
management practices at the landfill.
The application for a minor modification must describe the
management practices that will be used to make the material meet the
performance standards in subsection (b). (2) Material that:
(A) contains less than fifty (50) parts per
million PCB;
(B) results from a
source that contains less than fifty (50) parts per million PCB; and
(C) is not listed in subsection
(c).
(f) The owner, operator, or permittee of a
municipal solid waste cell or unit that applies alternative daily cover shall
comply with all of the following requirements:
(1) Prior to the initial use of any material
as alternative daily cover, the owner, operator, or permittee shall notify the
Solid Waste Compliance Section, Office of Land Quality, at least five (5)
working days before the initial use of any material as alternative daily
cover.
(2) Alternative daily cover
must only be applied:
(A) on areas that will
have additional solid waste deposited within the next seven (7) working days;
or
(B) as approved by the
commissioner.
(3)
Alternative daily cover that is exposed for longer than seven (7) working days
must be covered with soil:
(A) as required by
section 13(a) of this rule; or
(B)
as approved by the commissioner.
(4) Alternative daily cover must be placed on
the working face by the end of each day of operation.
(5) Alternative daily cover, except
geotextile or plastic tarpaulin, must be applied:
(A) at a minimum thickness of six (6) inches;
or
(B) as approved by the
commissioner.
(6) Any
solid waste that is not covered by alternative daily cover must be covered in
accordance with section 13(a) of this rule.
(7) Alternative daily cover, except
geotextile or plastic tarpaulin, must:
(A)
not be reapplied as daily cover; or
(B) be applied as approved by the
commissioner.
(8) The
owner, operator, or permittee shall retain the following information in the
operating record for a period of one (1) year:
(A) The source of the alternative daily cover
material.
(B) Documentation used to
determine compliance with subsection (a)(1).
(C) Documentation that the alternative daily
cover material complies with the performance standards under subsection (b), if
applicable.
(9) Material
used as alternative daily cover must be stockpiled in accordance with:
(A) the provisions of this article regarding
storm water pollution prevention; and
(B) section 15 of this
rule.
(10) A supply of
daily cover material that meets the requirements of section 13 of this rule
must be readily available if the material used as alternative daily cover does
not meet the requirements of this section.
(g) The commissioner may modify or revoke an
approval under subsections (c) through (e) for application of any material that
does not meet the requirements of this section.
*These documents are incorporated by reference. Copies may be
obtained from the Government Publishing Office, www.gpo.gov, or are available for review at the
Indiana Department of Environmental Management, Office of Legal Counsel,
Indiana Government Center North, 100 North Senate Avenue, Thirteenth Floor,
Indianapolis, Indiana 46204.
