Code of Maine Rules
06 - DEPARTMENT OF ENVIRONMENTAL PROTECTION
096 - DEPARTMENT OF ENVIRONMENTAL PROTECTION - GENERAL
Chapter 401 - LANDFILL SITING, DESIGN, AND OPERATION
Section 096-401-4 - Landfill Operations
Universal Citation: 06 ME Code Rules ยง 096-401-4
Current through 2024-38, September 18, 2024
A. Operations Manual. The landfill operator shall prepare and maintain an operations manual of current policies and procedures for the landfill.
(1)
Revised Operations Manual.
Prior to commencement of operations of a new or expanded landfill, the
operations manual provided with the application pursuant to section 2(L) must
be revised to reflect any changes which occur during the landfill licensing and
construction processes. All existing landfills, other than
construction/demolition, landclearing debris and wood waste landfills less than
6 acres in size, must submit a revised operations manual in conformance with
this section to the Department for review and approval as part of the annual
report due in 1999. These facilities must comply with the operating
requirements of this section no later than 90 days after receiving Departmental
approval of the revised operations manual.
(2)
Certified Copies. The
landfill operator shall issue certified copies of the operations manual being
used at the landfill to the Department and to key operating and management
personnel of the landfill. In addition, a certified copy must be available for
use at the facility at all times. The landfill operator is responsible for
providing timely updates to all certified copies, distributing certified copies
to individuals whose job assignments require them, and making and distributing
changes to policies and procedures to the certified copies as they are
implemented.
(3)
Contents. The operations manual must include the information
necessary to enable supervisory and operating personnel, and persons evaluating
the operation of the landfill, to determine the sequence of operation, policies
and procedures, and monitoring, maintenance, inspection, and legal requirements
that must be followed for safe, orderly and environmentally sound operation on
a daily, yearly, and life cycle basis. The operations manual must address each
of the areas identified in this section. Legible copies of the record drawings
must be included in the operations manual or must be readily accessible to
operating personnel.
(4)
Annual Review. The operations manual must be reviewed annually by
the operator and updated as necessary.
(5)
Training. The landfill
operator shall familiarize operating personnel with relevant sections of the
operations manual. For new landfills or expansions of existing landfills, the
landfill owner or operator must demonstrate compliance with the training
requirements in section 4(B) prior to commencing landfill operations. For
existing landfills, the landfill owner or operator must demonstrate compliance
with the training provisions for key personnel within two years of the
effective date of these rules.
B. Operator Training and Certification Program. At least two key personnel must be trained in the operation of, and regulatory requirements for, the landfill.
Key personnel must complete a training course, and must be familiar with State solid waste regulations and the site-specific operations manual. Landfill owner/operators may develop site-specific training programs for key personnel, or may gain certification through the Solid Waste Association of North America (SWANA) operator training certification program. Site specific training programs must be sufficient to demonstrate that key personnel have adequate knowledge to operate the landfill in accordance with the provisions of the site-specific operations manual, and must include provisions for 8 hours annually of refresher training. Landfill owner/operators must document training completed by their key personnel and keep this information on file for 5 years. SWANA certification is valid for a three year period. Key personnel must maintain a valid SWANA certification or maintain up-to-date site-specific training at all times.
C. Operating Requirements. Each landfill must be operated so that it does not contaminate ground or surface waters outside the solid waste boundary. Except for construction demolition, land-clearing debris, and wood waste landfills, all existing landfills must comply with the operating requirements of this subsection.
(1)
Acceptable Solid Waste and Waste
Characterization
(a) A landfill may
accept only solid wastes or special wastes as allowed by the Department in the
landfill's current license or as licensed under subparagraph (b) below. Special
wastes must be handled as described in the landfill's approved operations
manual. Landfills may not accept for disposal wastes that are determined to
contain free liquids according to the Paint Filter Liquids Test (E.P.A. Method
9095B, Revision 2, 2004).
(i) Municipal solid
waste combustion ash may be co-disposed with municipal solid waste in landfills
that meet the liner design standards of these rules provided that waste
characterization is performed in accordance with section2(F)(10).
(ii) Dredge materials or contaminated soils
with concentrations of contaminants that exceed regulatory limits for hazardous
waste, or that have a concentration of 50 mg/kg or greater dry weight of PCBs,
are considered a hazardous waste. Disposal of these and other hazardous wastes
requires review and approval by the Department under 06-096 CMR ch.
850-858.
(iii) All ash proposed for
disposal at a landfill must be fully characterized at the source of generation,
with statistical analysis performed in accordance with the requirements of EPA
SW-846, Test Methods for Evaluating Solid Waste, Third Edition, Volume II,
Chapter 9, 2013. This testing must occur when the ash is first proposed for
disposal.
(iv) Solid wastes and
special wastes permitted for acceptance as allowed by the landfill's current
license must be characterized on an on-going basis in conformance with the
characterization plan approved by the Department.
(b) Applications for the one-time or on-going
acceptance of special waste at a landfill must conform to the applicable
requirements of 06-096 CMR ch. and 06-096 CMR ch. 2. The application must
include the following:
(i) The name and
address of the owner or operator and the generator of the waste;
(ii) A description of the facility processes
that generated the waste, if applicable;
(iii) A description of the waste and an
estimate of the volume of waste to be disposed;
(iv) The location of the site where the waste
will be disposed; and
(v) Results
of waste characterization performed in accordance with 06-096 CMR ch. 405,
section 6.
(2)
Access to Facility Sites. Access to a facility site must be
controlled so that the public is not exposed to potential health and safety
hazards. The operator shall provide suitable barriers, fencing and
gates as needed to limit unauthorized persons from access. No access is
permitted except when an attendant is on duty.
(a) The operator shall prominently post the
hours of operation and other limitations and conditions of access at the
entrance to the landfill.
(b) The
operator shall provide well maintained access roads within the facility site.
An access road into a cell of a landfill must be constructed and maintained to
prevent the migration of leachate outside the cell.
(c) Landfills must implement a road
maintenance program to prevent the accumulation of dust, mud or wastes from the
facility on access, public or private roads. An approved tire washing facility
may also be used at a landfill in addition to a road maintenance
program.
(d) The operator shall
post appropriate signs or other means to indicate clearly where solid waste is
to be unloaded and where separate waste handling areas are located within the
facility site.
(3)
Open Burning of Brush and Wood from Demolition Debris. Open
burning of solid waste other than wood waste and painted wood, is prohibited at
all landfills. All burning must be confined to a burn area approved by the
Department. Wood that has been treated may not be burned. Other wastes, such as
tires or waste oil, may not be used to start or maintain a burn. Burning must
be done in conformance with the requirements of 06-096 CMR ch. 402, section
4(I).
(4)
Hot Loads.
The operator shall provide a separate area for the placement of hot loads. The
hot load area must be located away from vegetation and not in a location
previously or currently used for disposal. Hot loads must be extinguished
immediately upon dumping or spread in a thin layer to cool. Once cooled, the
waste must be placed in the active portion of the landfill. Hot loads must not
be placed near monitoring wells or surface water monitoring points.
The operator of a landfill for the disposal of special wastes which may generate heat upon hydration shall place such wastes in an area within the active portion of the solid waste boundary, but discrete from the area where other wastes are currently being placed.
(5)
Set-backs and Buffer Strips.
The set-backs and buffer strips approved by the Department must be
maintained.
(6)
Cell
Development Plan. Within the limitations of the approved design for each
landfill, operations manuals must include a cell development plan to meet the
design standard of section 2(D)(6) and 2(F)(7). The plan must consist of a
conceptual plan for the life of the landfill and the detailed plan for the
current two year period as approved as part of the application or most recent
annual report, whichever is applicable.
(7)
Compaction. For all
landfills waste must be compacted once per operating day and more often as
necessary unless otherwise approved by the Department. Waste must be compacted
before the placement of cover material.
From December 16 through March 31 in the southern zone and from November 16 through April 30 in the northern zone, solid waste may be deposited at a landfill without compaction or cover if the total lift height during this period does not exceed 12 feet and the total horizontal area covered with waste does not exceed 30,000 square feet. The Department may require daily cover during these time periods if site-specific conditions indicate it is needed.
NOTE: Northern zone and southern zone are defined in 06-096 CMR ch. 400, section 1.
(8)
Cover. For all special waste
and municipal solid waste landfills the cover material placement criteria are
as follows:
(a) Daily cover is required,
except that daily cover is not required to be placed on pulp and paper mill
sludge. A coarse soil material, such as sand or gravel, for secure landfills
and a soil material for non-secure landfills must be placed and compacted to a
minimum depth of 6 inches in thickness over all exposed waste at the end of
each day of operation to completely and effectively cover the solid waste.
Other materials or wastes may be proposed as alternative daily cover by a
landfill owner or operator for approval by the Department. Use of residues from
the processing of construction and demolition debris will be considered only at
a landfill with a Department-approved active gas collection and control system.
Alternative daily cover proposals must meet the following standards and include
the following submission requirements:
(i)
The alternative daily cover must perform as an acceptable substitute for the
soil material it is replacing, i.e. it must be able to control nuisance odor,
dust, litter and vectors;
(ii) The
alternative daily cover must not exceed 9" in depth after compaction;
(iii) The alternative daily cover proposal
must consider and evaluate impacts on gas quantity and quality from application
of the material;
(iv) Unless the
material proposed as an alternative daily cover has no odor or potential to
create a nuisance odor, the submittal must include an odor management plan that
includes provisions for the prevention and control of nuisance odor during
routine operations, and a process for responding to any odor complaints
received; and
(v) Use of the
alternative daily cover must cease if the Department determines its use causes
a nuisance odor or negatively impacts the performance of the facility's active
gas collection and control system.
(b) Where final grade has been reached or on
areas where disposal will not take place within the next 6 months, intermediate
cover must be placed within 30 days after cessation of disposal, or as soon as
weather conditions allow. Intermediate cover must remain in place in accordance
with the requirements of the approved cell development plan. Intermediate cover
must consist of 18" of soil or a geosynthetic cover material with a minimum
thickness of 20 mils. The soil must be a clay or well-graded till with a
minimum of 35% fines and no stones larger than 4 inches. It must be placed and
compacted in at least two lifts. Other cover systems or wastes may be proposed
by a landfill owner or operator for approval by the Department.
Intermediate cover must completely and effectively cover the solid waste and be graded to limit infiltration and promote runoff. If soil is used these areas must be seeded and mulched to prevent erosion. Within the limitations of the approved design for each landfill, surface water run-off must be directed off of the landfill site. The intermediate cover must be removed before any further landfilling may occur in areas where cover has previously been placed.
The soil component of the intermediate cover may be considered part of the final cover system if the soil and its placement meet the design standards and construction requirements of section 5. Owner/operators must include these standards and requirements in the operations manual for installation of a phased final cover system as approved by the Department.
NOTE: Construction packages prepared to implement this requirement do not need to be included in the Operations Manual.
(c) For
owners/operators approved to construct a phased final cover system throughout
the operational life of the landfill, the phased final cover system must be
constructed and documented in accordance with the approved plans and
specifications. A phased final cover system documented to have been constructed
in accordance with the approved plans and specifications will be accepted as
the cover system element of final closure provided that the facility is not
posing an unreasonable risk to public health or the environment at the time of
final closure.
(9)
Stormwater Management and Erosion Control. The operator shall
provide for erosion and sedimentation control in compliance with an approved
erosion and sedimentation control plan that meets the standards and submission
requirements of 06-096 CMR ch. 400, section 4(J). The operator shall also
provide for stormwater management that is in compliance with an approved
stormwater management plan that meets the standards and submission requirements
of 06-096 CMR ch. 400, section 4(M). Erosion and sedimentation control
structures and stormwater management structures shall be maintained on a
routine basis.
(10)
Leachate
Management. The operator must implement a leachate management plan in
accordance with a Department approved plan or license, and must provide for
maintenance and monitoring of the leachate collection, transport and storage
systems.
Contingency service contracts and/or letters of intent for leachate transport and disposal must be maintained throughout the operation and post-closure periods of each secure landfill. Contracts or letters of intent are not required when the leachate will be transported and treated by the facility owner.
For facilities that have a leak detection and removal system, action leakage rates and a response action plan must be incorporated into the operations plan. The response action plan must be implemented in the event that the action leakage rate(s) is/are exceeded.
(11)
Landfill Gas
(a) For a new landfill or an expansion to an
existing landfill, the operator shall install, maintain, and monitor the gas
collection or venting system for the landfill proposed in the Gas Management
Assessment required in section 2(F)(6) of this Chapter, and as approved by the
Department. For an existing landfill, the operator shall maintain and monitor
the gas collection or venting system approved in the landfill's current
license, if applicable.
(b) The
operator shall implement a quarterly methane gas monitoring program to verify
the concentration of explosive gases generated by the landfill.
The monitoring program must be based upon the soil, waste characteristics, hydrogeologic and hydraulic conditions at and surrounding the landfill, and the location of facility site structures and property boundaries.
(c) Immediately
upon detection of explosive gas levels exceeding twenty-five percent (25%) of
the lower explosive limit for the gases in the landfill structures, (excluding
the gas control or recovery system components) or one hundred percent (100%) of
the lower explosive limit for the gases at the property boundary, the operator
shall take all steps necessary to protect human health and shall notify the
Department of the occurrence and the protective steps that were taken.
(i) The operator shall immediately record the
methane levels, time of Department notification, and the protective steps that
were taken.
(ii) Within 60 days of
detection, the operator shall implement a remediation plan to control the
release of gases. This plan must be submitted to the Department, and must
describe the nature and extent of the problem and the proposed remedy. The plan
must be included in the operating record for the landfill.
(d) The operator shall implement a gas
monitoring program for gases other than methane as applicable to the facility
depending upon the wastes being disposed of.
(12)
Inspections. The operator
must provide for facility inspections on a regular basis, document the results
of the inspections using the forms in the operations manual, and include a
summary of the inspection results in the annual report required by section 4
(D). Items to be included in these inspections, an inspection schedule, and
reporting forms must be provided in the operating manual. The inspection
reports shall be kept on file at the landfill for a three year period and shall
be available for Department inspection upon request. Provisions must be made in
the inspection program to demonstrate that non-conforming inspection items have
been brought into conformance with the applicable operating requirements,
including documentation of repairs. As applicable, the inspection program must
be sufficient to document:
(a) The liner
system is performing as designed;
(b) The leachate management systems are
performing as designed;
(c) The gas
management system is performing as designed;
(d) The erosion and sedimentation control
measures are performing as designed, and there is no noticeable erosion of the
cover systems;
(e) The stormwater
management system is performing as designed;
(f) The waste and cover system(s) grades and
placement are in accordance with the approved cell development plan;
and
(g) Any deviations from the
approved plans and specifications.
Leachate collection, detection, and transport systems must be inspected on at least an annual basis. If select waste is used as a protective system, the leachate collection system must also be inspected after the first lift of select waste is placed on top of the collection system.
(13)
Dust Control. The operator shall use suitable measures to control
dust on the facility site.
(14)
Equipment. The equipment in use at the landfill must be sufficient
to meet the operating requirements of this section. The operator shall have a
contingency plan for obtaining back-up equipment when needed.
(15)
Fire Protection. The
operator shall take suitable measures for the prevention and control of fires
at the facility site by complying with at least the following requirements:
(a) Arrange for a nearby fire department to
provide emergency service whenever called.
(b) Provide sufficient on-site equipment for
minor fires such as detachable extinguishers, maintained in working
order.
(c) Maintain a soil
stockpile sufficient to suppress small fires.
(d) Observe the current applicable rules of
the State of Maine Bureau of Forestry, Department of
Conservation.
(16)
Hazardous and Special Waste Handling and Exclusion Plan. The
operator shall comply with all provisions of the Hazardous and Special Waste
Handling and Exclusion plan prepared for the facility in accordance with 06-096
CMR ch. 400, section 9.
(17)
Litter Control. The operator shall provide for routine maintenance
and general cleanliness of the entire facility site.
(18)
Environmental Monitoring Program
and Reporting Requirements. The operator shall implement monitoring
programs at the facility as approved by the Department. These programs shall
include a leachate and water quality monitoring program in accordance with
06-096 CMR ch. 405 and may also include waste characterization, stability,
settlement, and gas monitoring.
(19)
Maintenance of Waste Staging and
Storage Areas. The operator shall provide for routine maintenance of
waste staging and storage areas as applicable.
(20)
Vector Control. The on-site
population of disease vectors resulting from landfill operations must be
minimized through techniques approved by the Department.
(21)
Additional Requirements for
Landfills that Accept Asbestos Waste for Disposal. Asbestos abatement
and storage activities are governed by 06-096 CMR ch. 425. In order to accept
friable asbestos waste for disposal, the owner/operator of a landfill must
obtain a special waste permit from the Department. Also, to accept a load of
friable asbestos waste, the owner/operator of the landfill shall, at the time
of disposal, also obtain a copy of a properly executed waste shipment record as
required by
40
CFR 61.150(d) [iii] as
amended up to July 1, 2014.
In addition to the operational requirements listed in subsections 1 through 21 above, the following operational requirements apply to landfills that accept asbestos waste:
(a)
Personnel Protection and Air
Monitoring Requirements. During handling of friable asbestos waste, air
monitoring, medical monitoring, and personal protective equipment requirements
must be implemented in accordance with
29 CFR
1910.1001 [iv] as amended up to July 1, 2014.
(b)
Exclusion of Personnel
from the Work Area. Individuals not directly involved in the unloading
or disposal of friable asbestos waste shall be at least 100 feet from the areas
where unloading or disposal takes place.
(c)
Warning signs. Warning
signs, meeting the specifications set forth in
29 CFR
1910.1001(j)(3)(ii)
iv as amended up to July 1, 2014 shall
be posted at all points of access to the unloading or disposal area for friable
asbestos.
(d)
Delivery and
Unloading of Asbestos Wastes. All asbestos wastes delivered to the
landfill must be containerized in conformance with the requirements of 06-096
CMR ch. 425, section 9(A)(2). All containers shall be labeled in accordance
with the requirements of
29 CFR
1910.1001(j)(4)(ii)
iv as amended up to July 1, 2014.
Non-friable asbestos waste must not be subject to shredding, crushing, or any
other form of volume reduction prior to placement in the landfill. Asbestos
waste shall not be dropped or thrown more than 3 feet. Due care and caution
must be utilized during asbestos waste handling to avoid damage to the
packaging. Any asbestos waste found to be leaking or improperly packaged shall
be immediately repackaged. Any dry asbestos must be immediately repackaged
under controlled abatement conditions complete with negative ventilation by
persons trained and equipped to do so.
(e)
Record-keeping Requirements.
A daily log of all asbestos waste disposal activities shall be maintained that
records the following information for each load of friable asbestos waste
delivered to the landfill: a copy of a properly executed EPA waste shipment
record as applicable, the specific disposal location, the landfill personnel
involved in unloading and disposal of the load, the air monitoring procedures
used during the unloading and disposal of the load, and comments on the
packaging and nature of the asbestos waste.
(f)
Disposal Location(s). The
exact asbestos disposal location(s) shall be recorded on a plan of the
landfill, and maintained as part of the operational record for the facility.
All friable asbestos waste shall be separated from other solid wastes, and
disposed of in a properly constructed and clearly posted disposal area. Where
friable asbestos waste is co-disposed with other solid waste, separation can be
maintained through the use of tell-tale markers, such as scrap geonet, scrap
landfill liner material, or paper machine felt placed over a thick layer of
soil, to prevent the accidental excavation of the asbestos.
NOTE: Any non-friable asbestos which has deteriorated or has been cut, broken, abraded, weathered, or acted upon by any other means may be considered by the Department to be friable asbestos.
D. Annual Report. Pursuant to 38 M.R.S.A. §1310-N(6-D), an annual report and fee shall be submitted to the Department for review and approval by the operator on a schedule consistent with the requirements of 06-096 CMR ch. 400, section 3(E). The operator shall keep copies of the annual reports submitted to the Department throughout the active life of the landfill, and shall keep these reports on file during the operational and post-closure period.
(1)
General. The annual
report must include:
(a) A summary of
activity at the landfill during the past year. This shall include a narrative
describing any factors, either at the landfill or elsewhere, that affected the
operation, design or monitoring programs of the landfill.
(b) An evaluation of the landfill's
operations to verify compliance with the approved operations manual, licenses,
and regulatory requirements. This evaluation shall be performed either by
qualified facility personnel or a qualified consultant.
(2)
Operations. As part of the
annual report, the following operational information is required.
(a) A summary of the type, quantity, and
origin of waste received;
(b)
Estimates of the capacity of the landfill used during the past year and of the
landfill's remaining capacity;
(c)
A description and estimate of the amount of cover material used in the past
year;
(d) A summary of changes in
the operations manual during the past year as submitted pursuant to section
4(A)(2);
(e) Proposed changes to
the operations manual or other aspect of the landfill's operations;
(f) A summary of responses to spills, fires,
accidents, and unusual events that occurred at the landfill in the past
year;
(g) Updated cell development
plans, highlighting any changes to the approved plans and including detailed
plans for the subsequent two year period. Approved plans need to be updated
whenever variabilities in waste disposal rates and other operational factors
cause development to vary more than 6 months from projected timelines. Detailed
plans must include a narrative and drawings that address: layout of the cells,
projected grades, location and timing of intermediate and/or final cover,
location and construction of cell access, any relevant aspects of leachate and
stormwater management measures, any relevant aspects of erosion and
sedimentation control measures, and other pertinent facility-specific
features.
(h) Copies of reports
prepared in accordance with the landfill's Hazardous and Special Waste Handling
and Exclusion Plan;
(i) A report on
the results from the inspections and testing required by section 4(C)(12),
including a report stating the date and findings associated with the annual
inspection and cleaning, if necessary, of the leachate collection, detection,
and transport systems; and
(j) A
description of system failures and documentation of repair measures to those
systems.
(3)
Facility Site Changes. The annual report must document minor
changes to the facility site not requiring departmental approval that have
occurred during the reporting year. Also, minor aspects of the facility site
proposed to be changed in the current year may be described in the annual
report. Changes handled in this manner are those that do not require licensing
under minor revision or amendment provisions of 06-096 CMR ch. 400.
(4)
Monitoring. The following
monitoring information must be included in the annual report. If any of this
information is submitted with the facility's periodic monitoring reports, only
a summary of that information is required in the annual report. Evaluations
must be done in accordance with all approved monitoring plans for the landfill.
(a) An evaluation of data gathered for each
surface water and ground water monitoring point for the landfill, including a
statistical analysis of the data where appropriate.
(b) An evaluation of the quantity and quality
of leachate generated by the landfill during the past year, including a
comparison of the past year's leachate monitoring results to previous years'
results.
(c) An evaluation of the
quantity and quality of liquid found in the leak detection and removal system
during the past year, including a comparison of the past year's results to the
previous years' results.
(d) An
evaluation of the gas monitoring results for the past year, including a
comparison of the past year's results to the previous years' results.
(e) An evaluation of the air monitoring
results for the past year, including a comparison of the past year's results to
the previous years' results.
(f) An
evaluation of the condition of each monitoring well.
(g) Any changes to any aspect of the approved
monitoring programs proposed in response to the changes in operation or design
of the landfill, or environmental effects attributable to the landfill or its
ancillary structures.
(h) An
evaluation of the stability and settlement monitoring data collected at each
monitoring point.
(5)
Financial Assurance. The landfill owner or operator must submit an
annual update on cost and documentation of any changes made to the financial
assurance instrument in accordance with 06-096 CMR ch. 400, section
11.
Disclaimer: These regulations may not be the most recent version. Maine 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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