Kansas Administrative Regulations
Agency 28 - DEPARTMENT OF HEALTH AND ENVIRONMENT
Article 29 - SOLID WASTE MANAGEMENT
Section 28-29-104 - Design standards
Universal Citation: KS Admin Regs 28-29-104
Current through Register Vol. 43, No. 52, December 26, 2024
(a) General design standards.
(1) Existing units. Any
portion of a trench or area of an existing unit not filled to its permitted
design capacity by October 9, 1996, shall be considered a vertical expansion
subject to the standards in K.A.R. 28-29-104(a)(2), or a new unit subject to
the standards in K.A.R. 28-29-104(a)(3).
(2) Vertical expansions.
(A) Any proposed vertical expansion shall be
considered a significant modification to the facility and subject to permit
modification procedural requirements.
(B) Any proposed vertical expansion shall
meet the following requirements, in addition to any other applicable MSWLF
regulations.
(i) A hydrogeologic site
assessment shall be conducted in compliance with K.A.R. 28-29-104(b).
(ii) A groundwater monitoring well
system shall be in place, pursuant to K.A.R. 28-29-111.
(iii) The owner or operator shall operate the
landfill in a manner that minimizes leachate generation.
(iv) If groundwater contamination is
detected, the owner or operator of the proposed vertical expansion shall
initiate an assessment of corrective measures, pursuant to K.A.R.
28-29-114(a)(1).
(v) The final
cover design shall meet the requirements of K.A.R. 28-29-121(e)(1).
(vi) Local planning and zoning approval shall
be obtained from the appropriate jurisdictional body.
(vii) The owner or operator shall secure
certification from the board of county commissioners that the vertical
expansion is in conformance with the official county or regional solid waste
management plan.
(C) A
vertical expansion over a closed unit which has received final cover shall be
classified as a new unit, and therefore subject to the design standards for new
units.
(D) In evaluating a
proposed vertical expansion, the department shall consider the following
factors:
(i) The impact of the proposed
vertical expansion on human health and the environment rather than other
alternatives, including a new unit;
(ii) the capacity needs of the community or
communities and the region using the landfill;
(iii) the proposed operating life of the
vertical expansion; and
(iv) the
inclusion or exclusion of the landfill in a regional solid waste management
plan.
(E) The
expiration date for a permit modified to allow for a vertical expansion shall
not exceed five years from the date the modified permit is issued. At the end
of the initial five year period, and any subsequent five year period, the owner
may submit a request for an additional five-year permit. The request shall
include an assessment of the environmental impact of the vertical expansion.
Based on an evaluation of the environmental impact, the permit shall either be
denied, or renewed for a period not to exceed five additional years by the
director.
(3) New
units.
(A) All new units shall be equipped
with a leachate drainage and collection system and liner designed as an
integrated system in compliance with the requirements of this section.
(B) The design period for new
municipal landfills shall be the estimated operating life plus 30 years of
post-closure care.
(b) Hydrogeologic site investigations.
(1) The owner or operator of a proposed MSWLF
unit shall conduct a hydrogeologic investigation to develop information for the
following purposes:
(A) providing information
to determine an appropriate design for the unit; and
(B) providing information to establish a
groundwater monitoring system.
(2) Prior to submitting an application to the
department for a permit to develop and operate a MSWLF or to design a
groundwater monitoring system, the hydrogeologic site investigation shall be
conducted in a minimum of two phases, unless the department approves conducting
the two phases concurrently.
(A) The purpose
of the phased study shall be to allow for the consideration by the department
of information gathered during phase I prior to proceeding with phase II.
(B) If the owner or operator of an
existing MSWLF has already compiled sufficient data to fulfill the requirements
of the hydrogeologic investigation, this information may be submitted to the
department in lieu of conducting a new assessment.
(3) For the purposes of the hydrogeologic
investigation set forth in paragraph (b)(1), the area to be investigated shall
consist of the entire area occupied by the facility and any adjacent areas, if
necessary to fully characterize the site.
(4) All borings shall be sampled continuously
except where continuous sampling is impossible or where interval sampling or
sampling at recognizable points of geologic variation will provide satisfactory
information. Sampling intervals shall not exceed 1.52 vertical meters (5 feet).
(5) The phase I hydrogeologic
investigation shall consist of the following items.
(A) A minimum of one continuously sampled
boring shall be drilled on the site, as close as possible to the geographic
center, to determine if available regional hydrogeologic setting information is
accurate and to characterize the site-specific hydrogeology to the extent
specified by this phase of the investigation. The boring shall extend to the
bottom of the uppermost aquifer. This boring shall be constructed so that it
will not provide a conduit for contaminant migration to a lower aquifer or
formation.
(B) The following
information shall be gathered by the owner or operator:
(i) climatic aspects of the study area;
(ii) the regional and study area
geologic and hydrogeologic setting, including a description of the
geomorphology and stratigraphy of the area and aquifer characteristics,
including water table depths; and
(iii) any other information needed for the
purpose of designing a phase II hydrogeologic investigation.
(C) The information from the phase
I investigation shall be compiled in a report and submitted with evaluations
and recommendations to the department for review and approval.
(D) The results and conclusions of the phase
I report shall be certified by a qualified groundwater scientist.
(6) The phase II hydrogeologic
investigation shall consist of the following items.
(A) One boring shall be located as close as
possible to the topographical high point, and another shall be located as close
as possible to the topographical low point of the study area.
(B) Additional borings shall be made in order
to characterize the subsurface geology of the entire study area.
(C) Piezometers and groundwater monitoring
wells shall be established to determine the direction and flow characteristics
of the groundwater in all strata and extending down to the bottom of the
uppermost aquifer. Groundwater samples taken from the monitoring wells shall be
used to develop preliminary information needed for establishing background
concentrations.
(D) The owner or
operator shall gather the following site-specific information, as necessary, to
augment the data collected during the phase I investigation:
(i) chemical and physical properties
including, but not limited to, lithology, mineralogy, and hydraulic
characteristics of underlying strata including those below the uppermost
aquifer;
(ii) soil
characteristics, including soil types, distribution, geochemical and
geophysical characteristics;
(iii)
hydraulic conductivities of the uppermost aquifer and all strata above it;
(iv) vertical extent of the
uppermost aquifer;
(v) direction
and rate of groundwater flow; and
(vi) concentrations of chemical constituents
present in the groundwater below the unit, down to the bottom of the uppermost
aquifer, using a broad range of chemical analysis and detection procedures such
as gas chromatographic and mass spectrometric scanning.
(E) The owner or operator shall evaluate the
data gathered during the phase I and phase II investigations and prepare a
report for submittal to the department that contains the following information:
(i) structural characteristics and
distribution of underlying strata, including bedrock;
(ii) characterization of potential pathways
for contaminant migration;
(iii)
correlation of stratigraphic units between borings;
(iv) continuity of petrographic features
including, but not limited to, sorting, grain size distribution, cementation
and hydraulic conductivity;
(v)
identification of the confining layer, if present;
(vi) characterization of the seasonal and
temporal, naturally and artificially induced, variations in groundwater quality
and groundwater flow;
(vii)
identification of unusual or unpredicted geologic features, including fault
zones, fracture traces, facies changes, solution channels, buried stream
deposits, cross cutting structures and other geologic features that may affect
the ability of the owner or operator to monitor the groundwater or predict the
impact of the disposal facility on groundwater; and
(viii) recommendations for landfill siting
and conceptual design for the department to review and approve.
(F) The results and conclusions of
the phase II report shall be certified by a qualified groundwater scientist.
(c) Foundation and mass stability analysis.
(1)
The material beneath the unit shall have sufficient strength to support the
weight of the unit during all phases of construction and operation. The loads
and loading rate shall not cause or contribute to the failure of the liner or
leachate collection system.
(2)
The total settlement or swell of the foundation shall not cause or contribute
to the failure of the liner or leachate collection system.
(3) The solid waste disposal unit shall be
designed to achieve a safety factor during the design period against bearing
capacity failure of at least 2.0 under static conditions and 1.5 under seismic
loadings.
(4) The waste disposal
unit shall be designed to achieve a factor of safety against slope failure
during the design period of at least 1.5 for static conditions and 1.3 under
seismic conditions.
(5) The liner
and leachate collection system shall be stable during all phases of
construction and operation. The side slopes shall achieve a minimum static
safety factor of 1.5 and a minimum seismic safety factor of 1.3 at all times.
(6) In calculating factors of
safety, both long term, in tens or hundreds of years, and short term, over the
design period of the facility, conditions expected at the facility shall be
considered.
(7) The potential for
earthquake or blast-induced liquefaction, and its effect on the stability and
integrity of the unit shall be considered and taken into account in the design.
The potential for landslides or earthquake-induced liquefaction outside the
unit shall be considered if such events could affect the unit.
(d) Foundation construction.
(1) If the in situ material provides
insufficient strength to meet the requirements of subsection (c), then the
insufficient material shall be removed and replaced with clean materials
sufficient to meet the requirements of subsection (c).
(2) All trees, stumps, roots, boulders and
debris shall be removed.
(3) All
material shall be compacted to achieve the strength and density properties
necessary to demonstrate compliance with this part.
(4) Placement of frozen soil or soil onto
frozen ground shall be prohibited.
(5) The foundation shall be constructed and
graded to provide a smooth, workable surface on which to construct the liner.
(e) Liner standards.
(1) New MSWLF units shall be constructed:
(A) with a composite liner and a leachate
collection system that is designed and constructed in accordance with
subsections (g), (h), and (i). For purposes of this regulation, "composite
liner" means a system consisting of two components. The upper component shall
consist of a minimum 30-mil geomembrane, the lower component shall consist of
at least a two-foot layer of compacted soil with a hydraulic conductivity of no
more than 1 * 10-7 cm/sec. Geomembrane components consisting of high density
polyethylene (HDPE) shall be at least 60-mil thick. The geomembrane component
shall be installed in direct and uniform contact with the compacted soil
component in order to minimize the migration of leachate through the
geomembrane should a break occur; or
(B) in accordance with an alternative design
approved by the department. The design shall demonstrate that the concentration
values listed in table 1 below will not be exceeded in the uppermost aquifer at
the point of compliance. The point of compliance shall be within 150 meters
(492) feet of the edge of the planned unit boundary. In addition, the point of
compliance shall be on the owner's or operator's property and shall be at least
15.24 meters (50 feet) from the property boundary.
(2) When approving a design that complies
with paragraph (1)(B), the department shall consider at least the following
factors:
(A) the hydrogeologic
characteristics of the facility and surrounding land;
(B) the climatic factors of the area; and
(C) the volume and physical and
chemical characteristics of the leachate. The design's performance shall be
evaluated at maximum annual leachate flow conditions.
(3) Approval of alternate designs shall be
considered by the department only when:
(A)
the technology or material has been successfully utilized in at least one
application similar to the proposed application; and
(B) methods for ensuring quality control
during the manufacture and construction of the liner can be implemented.
(4) The owner or
operator shall document in the operating record that the liner meets the liner
standards in K.A.R. 28-29-104(e)(1)(A) or (B).
TABLE 1 MAXIMUM CONTAMINANT LEVELS
Chemical MCL (mg/1)
Arsenic 0.05
Barium 1.0
Benzene 0.005
Cadmium 0.005
Carbon tetrachloride 0.005
Chromium (hexavalent) 0.1
2,4-Dichlorphenoxy acetic acid 0.1
1,4-Dichlorobenzene 0.075
1,2-Dichlorobenzene 0.6
1,2-Dichloroethane 0.005
1,1-Dichloroethylene 0.007
cis-1,2-Dichloroethylene 0.07
trans-1,2-Dichloroethylene 0.1
1,2 Dichloropropane 0.005
Endrin 0.0002
Ethylbenzene 0.7
Fluoride 4
Lindane 0.004
Lead 0.05
Mercury 0.002
Methoxychlor 0.1
Monochlorbenzene 0.1
Nitrate 10
Nitrite 1.0
Total Nitrate/Nitrite 10
Selenium 0.05
Silver 0.05
Styrene 0.1
Tetrachloroethylene 0.005
Toluene 1
Toxaphene 0.005
1,1,1-Trichloromethane 0.2
Trichloroethylene 0.005
2,4,5-Trichlorophenoxy acetic
acid 0.01
Vinyl Chloride 0.002
Xylenes 10
(f) Liner construction.
(1) The construction and compaction of the
liner shall be carried out in accordance with the approved design to reduce
void spaces and allow the liner to support the loadings imposed by the waste
disposal operation without settling that causes or contributes to the failure
of the leachate collection system.
(2) The liner shall be constructed from
materials whose properties are not affected by contact with the constituents
expected to be in leachate generated by the landfill.
(3) Geomembrane liners shall be constructed
in compliance with the following requirements.
(A) The geomembrane shall be supported by a
compacted base free from sharp objects. The geomembrane shall be chemically
compatible with the supporting soil materials.
(B) The geomembrane shall have sufficient
strength and durability to function at the site for the design period under the
maximum expected loadings imposed by the waste and equipment and stresses
imposed by settlement, temperature, construction and operation.
(C) Seams shall be made in the field
according to the manufacturer's specifications. All sections shall be arranged
so that the use of field seams is minimized and seams are oriented in the
direction subject to the least amount of stress where practical.
(D) The leachate collection system shall be
designed to avoid loss of leachate through openings through the geomembrane.
(g) Leachate drainage system.
(1) The leachate drainage
system shall be designed and constructed to operate for the entire design
period.
(2) The system shall be
designed in conjunction with the leachate collection system required by
subsection (h):
(A) to maintain a maximum
head of leachate 0.30 meter (one foot) above the liner; and
(B) to operate during the month when the
highest average monthly precipitation occurs, and if the liner bottom is
located within the saturated zone, under the condition that the groundwater
table is at its seasonal high level.
(3) A drainage layer shall overlay the entire
liner system. This drainage layer shall be no less than 0.30 meter (one foot)
thick.
(4) The drainage layer
shall be designed to maintain flow throughout the drainage layer under the
conditions described in paragraph (g)(2) above.
(5) Materials used in the leachate drainage
system shall be chemically resistant to the wastes and the leachate expected to
be produced.
(h) Leachate collection system.
(1) The leachate
collection system shall be designed and constructed to function for the entire
design period. The leachate collection system shall consist of conduits
including pipes, trenches, or a combination of pipes and trenches.
(2) Materials used in the leachate collection
system shall be chemically resistant to the leachate expected to be produced.
(3) The leachate collection system
shall be designed so that leachate drains freely from the collection conduits.
If sumps are used, leachate shall be removed via gravity flow, whenever
possible, before the level of leachate in the sumps rises above the invert of
the collection conduits under the conditions established in paragraph (g)(2)
above. If gravity flow is not possible, pumping may be utilized to remove
leachate, but the use of pumps shall be minimized.
(4) Collection conduits shall be designed to
capture leachate for open channel flow to convey leachate under the conditions
established in paragraph (g)(2) above.
(5) Collection pipe conduits.
(A) Collection pipe shall be of a
cross-sectional area that allows cleaning and at least 0.10 meter (four inches)
nominal inside diameter.
(B) The
collection pipe material and bedding materials as placed shall possess
structural strength to support the maximum loads imposed by the overlying
materials and equipment used at the facility, as well as the effects of
differential settling.
(C)
Collection pipes shall be constructed within a coarse gravel envelope using a
graded filter or geotextile as necessary to minimize clogging.
(D) The collection pipe system shall be
equipped with a sufficient number of manholes and cleanout risers to allow
cleaning and maintenance of all pipes throughout the design period.
(6) Trench conduits.
(A) Trench conduits shall be designed to
minimize particulate and biological clogging.
(B) Trench conduits shall be constructed to
minimize movement of drainage media when a load is placed on the media.
(i) Leachate treatment and disposal system.
(1) The owner
or operator shall be responsible for the operation of a leachate management
system designed to handle all leachate as it is removed from the collection
system. The leachate management system shall consist of any combination of
storage, treatment, pretreatment, and disposal options.
(2) The leachate management system shall
allow for the management and disposal of leachate during routine maintenance
and repairs.
(3) Standards for
leachate storage systems.
(A) The leachate
storage facility shall be capable of storing a minimum of five days' worth of
accumulated leachate at the maximum generation rate used in designing the
leachate drainage system in accordance with subsection (g) of this regulation.
(B) Each leachate storage facility
shall be equipped with secondary containment systems equivalent to the
protection provided by a clay liner 0.61 meter (two feet) thick, having a
permeability no greater than 1 * 10-7 centimeters per second.
(C) Each leachate storage system shall be
fabricated from material compatible with the leachate expected to be generated
and resistant to temperature extremes.
(D) The leachate storage system shall be
designed to minimize odors.
(E)
The leachate drainage and collection system shall not be used for the purpose
of storing leachate.
(4) Standards for discharge to an off-site
treatment works.
(A) Each owner or operator
that discharges leachate to off-site facilities shall ensure that the receiving
facility has all applicable permits or approvals in accordance with state and
local water regulations.
(B) The
owner or operator of a MSWLF may be required to obtain a permit or prior
approval for conveyance to an off-site treatment facility.
(C) Pumps, meters, valves and monitoring
stations that control and monitor the flow of leachate from the unit and which
are under the control of the owner or operator shall be considered part of the
facility and shall be accessible to the owner or operator at all times.
(5) Standards for
leachate recycling systems.
(A) A leachate
recycling system shall be utilized only at permitted waste disposal units that
meet the following requirements.
(i) The unit
shall have a liner designed, constructed and maintained to meet the minimum
standards of paragraph (e)(1)(A) or (B) of this regulation.
(ii) The unit shall have a leachate
collection system in place and operating in accordance with subsection (h) of
this regulation.
(iii) The
topography shall be such that any accidental leachate run-off can be controlled
by ditches, berms or other equivalent control means.
(B) Leachate shall not be recycled during
precipitation events or in volumes large enough to cause run-off or surface
seeps.
(C) The amount of leachate
added to the unit shall not exceed the ability of the waste and cover soils to
transmit leachate flow downward. All other leachate shall be considered excess
leachate, and a leachate management system capable of disposing of all excess
leachate shall be available.
(D)
The leachate storage and distribution system shall be designed to avoid
exposure of leachate to air unless aeration or functionally equivalent devices
are utilized.
(E) The distribution
system shall be designed to allow leachate to be evenly distributed beneath the
surface over the recycle area.
(6) Leachate monitoring.
(A) Representative samples of leachate shall
be collected annually from each unit and tested in accordance with paragraph
(i)(6)(B) of this regulation at a frequency of once per year while the leachate
management system is in operation.
(B) Discharges of leachate from MSWLFs shall
be tested for the following constituents prior to treatment or pretreatment:
(i) five-day biochemical oxygen demand (BOD;
i5);
(ii) total suspended solids;
(iii) total iron;
(iv) pH;
(v) each of the appendix I parameters listed
in K.A.R. 28-29-113; and
(vi) any
other constituents as specified by the director.
(C) If it can be shown that the removed
constituents are not reasonably expected to be contained in or derived from the
waste contained in the unit, the list of constituents in (i)(6)(B) of this
regulation may be modified by the director.
(D) An appropriate alternative frequency for
repeated sampling and analysis for the constituents listed in paragraph
(i)(6)(B) of this regulation, or the alternative list approved in accordance
with paragraph (i)(6)(C) of this regulation, may be specified by the director
during the active life, including closure, and the post-closure care period.
The alternative frequency shall be based on consideration of the following
factors:
(i) leachate quantity; and
(ii) long-term trends in leachate
quality.
(7)
The owner or operator shall collect and dispose of leachate for a minimum of
five years after closure and thereafter until it is determined by the director
that treatment is no longer necessary.
Disclaimer: These regulations may not be the most recent version. Kansas may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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