Current through 2024-38, September 18, 2024
Any person proposing to close a landfill shall furnish the
Department with a complete application addressing all applicable requirements
of this section, section
6, and 06-096 C MR ch. 400.
A.
Applicability.This section applies to all
existing landfills, including those landfills approved for phased cell closure
during the life of the landfill, except for the following:
(1) Landfills which qualify for closure under
the reduced closure procedure of 38 M.R.S.A. §1310-E-1(2) or the
alternative closure procedure of §1310 E-1(3); or
(2) Landfills regulated under the provisions
of section 7 of this Chapter.
B.
General Requirements
(1)
Performance Standards.
Applicants required to close a landfill under the requirements of this section
shall demonstrate that the landfill closure will be designed, constructed,
monitored, and maintained to:
(a) Mitigate
hazards posed by the landfill to public health or safety or to the
environment;
(b) Monitor the
effectiveness of the closure system; and
(c) Function with a minimum of
maintenance.
(2)
Closure Deadline. A landfill, or any portion of a landfill, must
be closed in accordance with an approved closure plan within one year from the
last date solid waste was received at the landfill, unless the Department
orders an alternative deadline.
An applicant for closure of a secure landfill may propose
rapid waste mass stabilization through leachate recirculation and delayed
placement of permanent final cover provided that there are sufficient funds to
operate and maintain the facility until final closure occurs, including
collection and treatment of all leachate prior to placement of permanent final
cover. The intent of rapid waste mass stabilization is to minimize the
long-term risk from the landfill by actively accelerating the process of
leaching contaminants from the waste before the end of the post-closure period.
This alternative is only available to existing facilities that have a leak
detection system, or new facilities permitted under these rules, that are
documented as operating in substantial compliance with the Solid Waste
Management Rules.
(3)
Application Submittal Deadline. The applicant must submit a
complete closure application at least one year before the anticipated closing
date. The application must be approved by the Department before the start of
closure construction and must address all the requirements of this section. For
landfills at which a phased final cover system was constructed throughout
operations as approved by the Department, application for final closure must
also be made at least one year prior to the anticipated final closure of the
landfill. Additional work on the final cover system and/or additional
corrective action may be required as part of final closure based upon facility
conditions as assessed through monitoring, inspections, and any further
investigations required during operations.
(4)
Permanent Record. Within 60
days of completion of final closure construction, the licensee shall prepare
and record in the Registry of Deeds information and deed restrictions to
provide notice to prospective purchasers and a public record of the location of
landfills. The licensee shall provide a copy of the recorded information and
deed restriction to the Department.
This information must include:
(a) The type of facility located on the
parcel and the dates of its operation and closure.
(b) The location, composition, extent, and
depth of waste deposited. If friable asbestos waste has been disposed at a
landfill, the location coordinates must be identified.
(c) The location and identification number of
monitoring wells on the property.
(d) A deed restriction stating and
effectively providing that post-closure use of the property may not disturb the
integrity of the final cover, liner system or other components of the
containment system, or the functioning of the monitoring systems, without prior
written approval of the Department.
(5)
Proposed Final Use. The
final use must be compatible with the cover system. The following activities
are prohibited at any closed landfill.
(a)
Establishment or construction of any structures or buildings, including
transfer stations, on top of or within 100 feet of the solid waste boundary,
except that the roads and surface water management systems are allowed within
100 feet of the solid waste boundary; and
(b) The use of the site for agricultural
purposes, except that the Department may allow haying on a site-specific
basis.
C.
Optional Workplan and Pre-Application Meeting. An applicant may
elect to submit a workplan to the Department for conducting a site
investigation, developing engineered designs, and developing post-closure
monitoring and maintenance plans. A pre-application meeting may be held with
the Department at the request of the applicant no sooner than one month after
submittal of the workplan.
The purpose of the workplan is to allow the applicant to
receive comments from the Department on the scope of work proposed before work
is initiated. The workplan should include provisions for submitting to the
Department for review and comment a conceptual design based on the findings of
the site investigation, all monitoring to date, and operational history. The
workplan may also identify other points for submissions to or meetings with the
Department to review progress to date and to discuss any issues identified and
any need to vary from the workplan.
D.
Application Requirements.
Applicants are required to submit an application addressing the requirements of
this section, section 6, and the applicable requirements of 06-096CMR ch. 400,
sections 3, 4(B); 4(C), 4(J), 4(M), 10, and 11. The following information must
be submitted:
(1)
General
Information
(a) A post-closure
monitoring, inspection, and maintenance proposal, as specified in section 6 of
this Chapter;
(b) An estimate of
closure construction and post-closure maintenance costs;
(c) A schedule for implementation of the
closure plan; and
(d) A schedule
for fire control measures, if applicable.
(2)
Native Cover Source Permit.
If the source of cover material is a borrow pit or other excavation that has
not been permitted and is not exempt from permitting under 38
M.R.S.A.§§481-490 (Site Location Of Development Law) and 38 M.R.S.A.
§§409-A et seq., the applicant shall obtain a permit
for the cover source.
(3)
Protected Permanent Benchmarks. The applicant must establish
protected permanent benchmark(s) on the site for use in surveying the landfill,
constructed to U.S. Coast and Geodetic Survey standards. Horizontal and
vertical control must be established for each benchmark. The benchmark(s) must
be:
(a) Coordinated and reported according to
National Geodetic Vertical Datum Standards, if readily available;
(b) Shown on all application drawings and
record drawings, as applicable; and
(c) Clearly marked and labeled.
(4)
Application
Drawings. The application shall include drawings showing the following
items:
(a) The existing grade of the facility
site, as established by a topographic survey on the ground, and the proposed
initial and final grades of the landfill. For slopes of 5% or greater, 5 foot
contour intervals may be used; 2 foot contour intervals are required if the
slope is less than 5%.
(b) The
location and elevation of the test pits and borings.
(c) The location and elevation of the
permanent on-site surveying benchmark(s).
(d) All portions of the property boundary
when located within 500 feet of the facility site.
(e) The location and description of all
existing and proposed utilities and structures on the facility site.
(f) The location of protected natural
resources and drainage ways when located within 500 feet of the facility
site.
(g) The location of existing
and proposed water supply wells when located within 1000 feet of the solid
waste boundary.
(h) The location of
existing and proposed access roads.
(i) The location of the proposed drainage
diversion system including any siltation basins.
(j) The location of borrow pits, if
applicable.
(k) The location of all
proposed surface and ground water quality monitoring points.
(l) The location and identification of buffer
zones and visual screening provisions.
(m) The location of baseline for
cross-section drawings.
(n) The
location of fencing and gates.
(o)
The locations for storage and management of leachate.
E.
Site Investigation for
Closure. Each application for a landfill closure must include a site
investigation to provide a basis for the closure design and to determine the
nature and extent of any contaminant plumes at the site. Piezometers,
monitoring wells and other observation instruments installed during this
investigation shall be designed, constructed, and sampled according to the
requirements in 06-096 CMR ch. 405.
Facilities that have conducted a detailed site investigation
in accordance with the requirements of section 2 of this Chapter and that have
conducted and are conducting a water quality monitoring program in accordance
with the requirements of 06-096 CMR ch. 405 are exempt from the requirements of
this subsection.
The site-specific investigation must be designed to describe
the following:
(1) The site geology
and aquifer characteristics in the vicinity of the landfill and its associated
leachate management structures;
(2)
Characterization of ground water and surface water quality in the vicinity of
the landfill and its associated leachate management structures, including the
magnitude and extent of any contaminant plume;
(3) An evaluation of expected leachate
quality over the closure and post-closure period of the landfill.
(4) Landfill gas migration potential;
and
(5) Geotechnical
characteristics, including sufficient corroborative field and laboratory data
to support the stability and settlement assessments, as applicable.
F.
Site Assessment Report.
The Site Assessment Report must contain all findings of the site
investigation. Sites previously characterized and exempt from the site
investigation requirements of section 5(E) must submit copies of reports
prepared in accordance with the requirements of section 2(C).
The Site Assessment Report must include a discussion of the
information developed in accordance with the requirements of section 5(E) or
section 2(C), and must also include the following:
(1) Current phreatic surface maps and
vertical flow nets, drawn to the same scale as those required in section 2(C)
of this Chapter;
(2) Simulated
changes in ground water flow conditions after closure;
(3) Tables of all ground water and surface
water quality data over the life of the site, along with a discussion of water
quality, including any trends or statistically significant changes;
(4) A narrative discussion of surficial and
bedrock geology, aquifer characteristics, contaminant transport, including
plume geometry, if applicable, waste types accepted, landfill gas migration
potential, and interpretation of the above information as it pertains to
landfill closure design;
(5)
Recommendations for an engineering design for closure which will ensure that
the performance standards of section 5(B)(1) are met; and
(6) A post-closure monitoring and maintenance
plan in accordance with the requirements of section 6.
G.
Design Standards for Closure.
The engineering design for a closure system must incorporate the
recommendations from the site assessment report, achieve the performance
standards of section 5(B)(1), and meet the design standards. Alternatives to
the design requirements of this subsection may be proposed by the applicant.
The applicant must make a demonstration of technical equivalency through the
alternative design process of section 5(H) or through a request for a variance
pursuant to the provisions of 06-096 CMR ch. 400, section 13.
The design must minimize infiltration of precipitation into
the landfill after closure. The cover system must operate with minimum
maintenance, promote drainage from its surface while minimizing erosion, and
provide protection against freeze and thaw effects. It also must be designed so
that settling and subsidence are accommodated to minimize the potential for
disruption of continuity and function.
(1)
Extent. Final cover must be
placed over all areas of the landfill where solid waste has been disposed,
including any areas that were not previously and completely closed in
accordance with Department rules applicable at the time of that closure, in
accordance with a Department closure order, or as otherwise approved by the
Department.
(2)
Cover System
Requirements. The following requirements apply to the cover system.
(a) Final cover for secure landfills must be
a composite cover consisting of a geomembrane and a barrier soil layer. The
geomembrane must have a nominal thickness of 40 mils. The barrier soil layer
must be a minimum of 24 inches of recompacted clay, or well graded till. A
geosynthetic clay liner (GCL) may be substituted for up to 12 inches of the
barrier soil layer provided the GCL is underlain by at least 12 inches of
recompacted clay or well-graded till having an hydraulic conductivity less than
or equal to 1x10-5 cm/sec. The surface layer of the soil layer beneath the GCL
must not contain stones larger than 1 inch. The barrier soil layer must be
underlain by a 6 inch thick sand layer integrated into the gas management
system. The barrier soil layer must meet the hydraulic conductivity
requirements of this subsection and be placed in at least three lifts. The
geomembranemust be covered with:
(i) 12 inches
of sand covered by 12 inches of a medium suitable for growing grass and
preventing damage to the barrier layer; or
(ii) A layer of geonet covered by 18 inches
of a medium suitable for growing grass and preventing damage to the barrier and
drainage layers.
(b)
Unless the Department determines that the more protective cover system
requirements of subparagraph (c) apply, final cover for non-secure landfills
must meet the hydraulic conductivity requirements of subparagraph (d) and
consist of:
(i) A barrier soil layer
consisting of a minimum of 18 inches of recompacted clay, or well graded till
placed in two lifts. The barrier soil layer must be underlain by a 6 inch layer
of sand integrated into the gas management system and be covered with 6 inches
of a medium suitable for growing grass and preventing damage to the barrier
soil layer; or
(ii) A geomembrane
with a nominal thickness of 40 mils. The geomembrane must be underlain by a 6
inch layer of sand integrated into the gas management system. The geomembrane
must be covered with:
a. 12 inches of sand
covered by 12 inches of a medium suitable for growing grass and preventing
damage to the barrier layer; or
b.
A layer of geonet covered by 18 inches of a medium suitable for growing grass
and preventing damage to the barrier and drainage
layers.
(c)
Based on the site assessment report, or if the landfill collects leachate or
ground water containing leachate, the Department may require that a non-secure
landfill meet the following requirements to provide a more protective cover
system.
Final cover must include a composite cover consisting of a
geomembrane and a barrier soil layer. The geomembrane must have a nominal
thickness of 40 mils. The barrier soil layer must be a minimum of 12 inches of
recompacted clay, or well graded till. The barrier soil layer must be underlain
by a 6 inch thick sand layer integrated into the gas management system. The
barrier soil layer must be placed in at least 2 lifts and have a hydraulic
conductivity less than or equal to 1x10-6 cm/sec. The geomembrane must be
covered with:
(i) 12 inches of sand
covered by 12 inches of a medium suitable for growing grass and preventing
damage to the barrier layer; or
(ii) A layer of geonet covered by an 18 inch
layer of a medium suitable for growing grass and preventing damage to the
barrier and drainage layers.
(d) Unless otherwise approved, the following
requirements apply for hydraulic conductivity of the cover system layers:
(i) Barrier layers for secure landfill
disposal facilities must have a hydraulic conductivity less than or equal to
the hydraulic conductivity of the primary liner system. The average hydraulic
conductivity must be less than or equal to 1x10-7 cm/sec with a maximum
hydraulic conductivity less than or equal to 1x10-6 cm/sec.
(ii) Barrier layers for non-secure landfills
must have a maximum hydraulic conductivity less than or equal to 5x10-7 cm/sec,
unless otherwise approved or required by the Department.
(iii) Drainage and gas transmission layers
must have an hydraulic conductivity greater than or equal to 1x10-3 cm/sec.
Hydraulic conductivity requirements for drainage layers must be sufficient to
minimize infiltration through the cover system and to maintain
stability.
(e) Any
geomembrane proposed for use in a landfill cover systemmust meet:
(i) GRI GM-13 (Revision 11, 2012) standards,
if available; and
(ii) Performance
requirements for the proposed application.
(f) Any barrier soil layer proposed for use
in a landfill cover systemmust have the following characteristics:
(i) A Liquid Limit greater than or equal to
20 and a Plasticity Index greater than 8 and less than or equal to 30. Glacial
till soils do not need to meet these requirements;
(ii) A minimum fines content of 35%;
and
(iii) A maximum particle size
of less than or equal to 3 inches, except as
noted in subparagraph (g)(v) below.
(g) Any barrier soil layer proposed for use
in a landfill cover systemmust be designed to produce a homogeneous layer that
eliminates soil clods and preferential flow paths, protect the geomembrane or
GCL from puncture
, if applicable, and reduce
hydraulic conductivity to the maximum extent practicable. To accomplish this
the barrier soil layer must meet the following requirements:
(i) Have a minimum in-place density of 90% of
the maximum dry density as measured by ASTM D698 (Standard Proctor);
(ii) Be compacted using a kneading action to
remold the soil between 0- 4% above optimum moisture content as determined
using ASTM D-698 (Standard Proctor) (2012);
(iii) Be constructed in lifts with a maximum
compacted lift thickness of 9 inches;
(iv) Be constructed in a manner which
provides for lift interface bonding; and
(v) Have a maximum stone size less than or
equal to 1 inch in the surface layer of the final lift if the barrier soil
layer is the prepared subgrade for the geomembrane.
Applicants proposing test pad programs in accordance with
the requirements of section 5(J) may propose alternative criteria to the
requirements of section 5(G)(2)(f) and (g) in accordance with the results and
conclusions of the test pad program.
(3)
Base Preparation below Cover
Systems. Base preparation must provide support that will facilitate
construction of the cover system and minimize the potential for disruption of
continuity and function of the final cover during post-closure. Applicants that
propose to regrade waste or to bring in significant quantities of wastes to
facilitate establishing post-consolidation slopes shall demonstrate that the
base preparation is adequate for the proposed cover system. The design of the
cover system base layer must consider and evaluate any impacts to the gas
collection and control system and the leachate management systems.
The use of residues from the processing of Construction and
Demolition Debris (CDD) as a shaping and grading material will be considered
only at a landfill with a Department-approved active gas collection and control
system. Applicants that propose to bring in significant quantities of wastes,
including residues from the processing of CDD, to facilitate establishing
post-consolidation slopes must demonstrate the following:
(a) The waste material will perform as an
acceptable base material for the proposed cover system;
(b) The quantity of waste material to be used
is appropriate for establishing the final slopes;
(c) The gas collection and control system can
handle gas calculated to be generated by the waste material; and
(d) The leachate management system can handle
additional leachate calculated to be generated by the waste material.
Unless the material proposed to be used in shaping and
grading the slopes 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, and a process for responding to any
odor complaints received.
(4)
Allowable slopes. The
minimum allowable post-consolidation slope is 5 percent. The maximum allowable
post-consolidation slope is 33 percent unless otherwise approved by the
Department. Slopes must be designed to promote run-off in a manner that will
prevent erosion of the final cover.
(5)
Vegetation. The final cover
must be limed, fertilized, seeded, and mulched as soon as possible after the
cover is installed to promote evapotranspiration and to stabilize against
erosion. Other areas around the waste disposal area that present a potential
for erosion must also be revegetated. The lime, fertilizer, seed and mulch
specifications must meet or exceed standards as established by "The Maine
Erosion and Sediment Control Handbook for Construction: Best Management
Practices" prepared by the Maine Soil and Water Conservation Commission, March,
1991.
Manufactured topsoil may be approved on a site-specific
basis. When manufactured topsoil is proposed, the applicant must submit to the
Department for review and approval a plan to correct any vegetative cover
inadequacies resulting from the use of manufactured topsoil. The plan must
identify the funding source for such potential corrective action work.
(6)
Corrective Action
Requirements. Owners of landfills with contamination of ground and/or
surface water may be required to implement corrective action(s) to meet the
performance standards of section 5(B)(1). For these landfills, the owner shall
immediately implement any approved corrective action, and shall demonstrate
that the corrective action will be successful prior to the end of the
post-closure monitoring and maintenance period. Corrective action designs will
be considered on a site-specific basis.
H.
Alternative Design Process.
Alternatives to the design standards and requirements of this section
may be proposed by the applicant. A variance request pursuant to the provisions
of 06-096 CMR ch. 400, section 13 is not required for proposals which meet the
requirements of this paragraph. The applicant shall submit the following
documentation to clearly and convincingly demonstrate technical equivalency of
the proposed alternative:
(1) A discussion of
the benefits of the proposed alternative technology.
(2) A discussion of the risks and drawbacks
of the proposed alternative technology.
(3) An assessment of similar applications of
the proposed alternative technology.
(4) A demonstration that the alternative
technology will provide equal or superior performance to the component it is
proposed to replace or that its inclusion within a system will result in equal
or superior performance of that system.
(5) An assessment of the feasibility of
constructing the proposed alternative, including the ability to provide an
adequate level of quality assurance and quality control. A demonstration of the
feasibility of construction may be required.
(6) An assessment of the likelihood that the
proposed alternative will perform as designed through landfill closure and
post-closure periods.
I.
Engineering Report for Landfill Closure. The engineering report
for landfill closure must present the basis for the engineering design and the
proposed construction procedures, along with all data and design calculations
for components, including geosynthetics. The engineering report must document
how the site-specific environmental conditions and factors are used as the
basis of the proposed design. It must discuss site-specific factors considered
during design and address design selection for the surface water control
systems, the leachate management systems, the gas management system, and final
cover systems, as applicable. The report must also include a narrative
evaluating the potential modes and significance of failures in engineered
systems. All calculations and assumptions used in the evaluation and design of
the proposed facility site must be submitted. The report must include the
following information:
(1)
Stability
Assessment
(a) Landfills licensed
under these rules must meet the following requirements:
A seismic and a static stability assessment for the landfill
cover system must be submitted. The stability assessment must include analysis
of potential failure planes which pass along or between the cover system
components. The stability assessment must meet the requirements of section
2(F)(1)(a) and (b).
A seismic and static stability assessment must be submitted
for potential failure planes which pass through or along the foundation soils,
the waste mass, and/or the liner system components, if either of the following
apply:
(i) Foundation soils strength
gain was assumed in the previous assessment(s). Supporting data that is
collected during construction and operations must accompany the stability
assessment to demonstrate that the strength gain of the soils has occurred
and/or will occur as predicted and the requirements of section 2(F)(1) will be
met.
(ii) Condition(s) will exist
during the closure and/or post closure periods that are more critical than what
was assumed in the previous assessment(s). The stability assessment must meet
the requirements of section 2(F)(1).
(b) Landfills not licensed under these rules
must meet the following requirements:
A static stability assessment for the landfill cover system
must be submitted. The stability assessment must include analysis of potential
failure planes which pass along or between the cover system components. The
stability assessment must meet the requirements of section 2(F)(1).
A static stability assessment must be submitted for
potential failure planes which pass through or along: the foundation soils, the
waste mass, and/or the liner system components, if any of the following
apply:
(i) Foundation soils strength
gain was assumed in the previous static assessment(s). Supporting data that is
collected during construction and operations must accompany the stability
assessment to demonstrate that the strength gain of the soils has occurred
and/or will occur as predicted and the requirements of section 2(F)(1) will be
met.
(ii) Condition(s) will exist
during the closure and/or post closure periods that are more critical than what
was assumed in the previous static assessment(s) and the stability assessment
must meet the requirements of section 2(F)(1).
(iii) The Department determines that a static
stability assessment is necessary to protect public health, safety, and the
environment. This requirement applies to solid waste facilities that have not
had stability assessments previously performed in accordance with the standards
of section 2(F)(1).
A seismic stability assessment is not required for
facilities not licensed under these rules.
(2)
Settlement Assessment. An assessment must be made to predict total
and differential settlement of the landfill cover system. This assessment must
include a demonstration that the cover system will maintain its integrity and
performance at maximum predicted settlements. Instrumentation may be required
by the Department to monitor the cover system settlement during the closure and
post-closure periods.
(3)
Stability and Settlement Monitoring Plan. Unless otherwise
approved by the Department, a stability and settlement monitoring plan must be
submitted for construction and post closure periods. Where applicable,
monitoring plans for modes of failure governed by foundation soils must include
the use of instrumentation installed into the foundation soils. The monitoring
plan must incorporate the conclusions, recommendations, and requirements of the
stability assessment approved under section 5(I)(1) and the settlement
assessment approved under section 5(I)(2). It must also include reporting
requirements to the Department. Reporting must include an interpretation of the
monitoring results by qualified personnel.
(4)
Water Balance. An assessment
must be made of the volume of leachate, including consolidation water, to be
generated by the landfill during the closure and post-closure periods. As
determined by the Department, a standard method for determining leachate
quantity must be used, such as "Hydrologic Evaluation of Landfill Performance
(HELP) Model", (EPA/600/R-94/168a and EPA/600/R-94/168b).
(5)
Leachate Management Plan.
Plans for leachate management for secure landfills or non-secure landfills that
collect leachate or groundwater containing leachate must include provisions for
the continuation or decommissioning of existing leachate management systems,
detailed design of new leachate management systems, and development of a
post-closure leachate management and monitoring and maintenance plan.
Contingency service contracts and/or letters of intent for leachate transport
and disposal must be maintained throughout the post-closure period. 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
system, a response action plan and action leakage rate(s) must be incorporated
into the post-closure monitoring plan. The response action plan must be
implemented in the event that the action leakage rate(s) is(are)
exceeded.
(6)
Gas Management
Plan. A landfill gas management plan must be submitted that includes,
but is not limited to, the following:
(a) A
complete gas collection or venting system design, active or passive, including
anticipated gas generation rates, and sizing and spacing
calculations;
(b) A detailed
description of the methods to be used for utilization and discharge of gases
and management of condensate from an active collection system;
(c) If the calculated non-methane organic
compound (NMOC) emission rate is equal to or greater than 50 megagrams per
year, a detailed design of any additional gas control measures other than
collection and venting systems;
(d) A gas monitoring and detection plan in
accordance with the requirements of section 4(C)(11), as applicable;
(e) An assessment to determine the effects
failure of the gas collection or venting system would have on the environment
and the landfill;
(f) An evaluation
of migration potential; and
(g) A
detailed description of the methods to be used for installation of the gas
collection or venting system, including a phasing plan if applicable.
(7)
Surface Water Control
Plans. Two surface water control plans must be submitted: an erosion and
sedimentation control plan which meets the standards and submission
requirements of 06-096 CMR ch. 400, section 4(J), and a stormwater management
plan which meets the standards and submission requirements of 06-096 CMR ch.
400, section 4(M).
J.
Test Pads. Applicants may propose a barrier soil test pad program
to demonstrate that the proposed barrier soil material and construction methods
will result in a barrier soil meeting the standards of section 5(G) of this
Chapter. Demonstration of the success of the test pad program in consistently
achieving the required standards may allow the applicant to reduce the reliance
on in-place hydraulic conductivity testing. The
test pad program must be approved by the Department prior to the start of the
test pad construction. The program must:
(1)
Specify the procedures to characterize the properties of the barrier soil at
the borrow source;
(2) Specify the
procedures to develop the construction methods to consistently achieve the
required density, moisture content, and hydraulic conductivity;
(3) Specify the dimensions and the testing
protocol for the test pad; and
(4)
Specify the criteria that will be used to define a successful test pad
program.
K.
Quality Assurance Plan. A Quality Assurance Plan (QAP) must be
established and included with the application to assure that design
specifications and performance requirements for all facility components are met
during cover system construction. The QAP must include the following:
(1) A description of the Construction Quality
Assurance (CQA)measures to be implemented.
(2) A description of the relationship between
the QAP, construction quality control, and the construction contract
biddocuments. The construction contract bid documents must also clearly define
this relationship.
(3) A
description of the responsibility and authority that organizations and/or
personnel involved in permitting, designing, constructing and certifying the
construction of the cover systemwill have during the construction phase. This
must also include a description of a construction problem resolution process
that incorporates the roles and responsibilities of all parties, including the
owner, manufacturer, installer, designer, CQA personnel, contractor, and the
Department;
(4) The qualifications
of the CQA personnel. Qualifications must include certification by the National
Institute for Certification in Engineering Technologies (NICET), where
applicable:
(5) The inspections and
tests to be performed to ensure that the construction and the materials conform
to contractual and regulatory requirements for each cover system component.
Appendix A to this Chapter contains requirements for earthworks testing
programs that do not utilize test pads in accordance with section
2(F)(12).
(6) The sampling
activities, sample size, methods for determining sample locations, frequency of
sampling, acceptance and rejection criteria, and methods for ensuring that
corrective measures are implemented;
(7) Record keeping and reporting requirements
for Manufacturing Quality Assurance/Construction Quality Assurance (MQA/CQA)
activities;
(8) A list and
description of CQA certifications, including identification of the engineer(s)
responsible for these certifications.
NOTE: Reference EPA Technical Guidance Document
# EPA/ R-93/182 dated September 1993, "Quality Assurance and Quality Control
for Waste Containment Facilities" for guidance in developing a quality
assurance plan and recommended implementation program for certified CQA
personnel.
L.
Construction Contract Bid Documents. The applicant shall provide
construction contract bid documents, including drawings, technical
specifications, and the contract administrative documents.
M.
Requirements During Construction.
Licensees shall comply with the following requirements during
construction:
(1)
Pre-Construction
Conference. Unless waived by the Department, a pre-construction
conference between the licensee or the agents of the licensee and Department
staff is required. A licensee shall give the Department written notice of the
pre-construction conference schedule at least 7 days prior to the
pre-construction conference unless a different time frame is approved by the
Department.
(2)
Quality
Assurance Plan. The Quality Assurance Plan (QAP) must be implemented at
the beginning of construction. Construction Quality Assurance (CQA) shall
include continuous site inspections by the CQA personnel. Geosynthetics and
barrier soil layers must be inspected, tested, and certified by qualified CQA
personnel separate from the owner/operator and contractor.
(a) For the purposes of this paragraph,
separate from the owner/operator means CQA personnel not in the direct
employment of the owner/operator. Direct employment of the owner/operator does
not include CQA personnel employed by a company under a contractual
relationship with the owner/operator, provided that the CQA personnel are
employed by a company that:
(i) Offers and
performs quality assurance services for other companies not affiliated with the
owner/operator; and
(ii) Has a
management structure that exists and operates separately from the
owner/operator, such that the CQA personnel are not directly compensated by,
and are completely free of any direct reporting obligation to, the
owner/operator.
(b) For
the purposes of this paragraph, separate from the contractor means CQA
personnel not in the direct employment of the contractor. Separate from the
contractor also means CQA personnel not employed by a company under a
contractual relationship with the contractor to perform services or provide
materials unless the CQA personnel are employed by a company that:
(i) Offers and performs quality assurance
services for other companies not affiliated with the contractor, and;
(ii) Has a management structure that exists
and operates separately from the contractor, such that the CQA personnel are
not directly compensated by, and are completely free of any direct reporting
obligation to, the contractor.
(3)
Cover System Barrier Layer
Installation. Before installation of any type of cover system barrier
layer, the licensee must evaluate the impacts of climatic conditions, proposed
installation procedures, and the proposed installation schedule on the cover
system barrier layer integrity.
(a)
Timing. The construction schedule and sequence of construction
must minimize the amount of time from initial cover system barrier layer
placement to completion, including protective systems above the cover system
barrier layer. It must minimize the potential for desiccation, cracking and
erosion of the low hydraulic conductivity soil barrier layers, protect the
integrity and inspectability of the geosynthetic components, and ensure that
design requirements and performance standards are met.
(b)
Installation Limitations.
Cover system barrier layers are adversely affected by cold temperatures and may
only be installed between April 15th and November 1st, and only when the
ambient temperature exceeds 32 degrees Fahrenheit. The licensee must submit a
specific cold weather installation plan for review and approval prior to
construction at other times.
(c)
Test Pads. If applicable, results and recommendations from the
test pad program approved in accordance with section 5 (J), and the final
construction specifications and Quality Assurance Plan incorporating the
recommendations from the test pad program, must be submitted to the Department
for review and approval prior to commencing barrier soil
construction.
(4)
Changes from Approved Drawings and Specifications. Prior to
implementing any changes to the approved drawings and specifications, the
applicant must receive approval from the Department through an amendment or
minor revision, or through a change order approval. The Department shall issue
a response to a change order request within five working days, or approval of
the change order is automatically granted.
(5)
Weekly Inspection Reports.
The CQA team responsible for construction inspection at the landfill shall keep
daily andweekly construction inspection reports and provide a copy to the
Department. The reports must be mailed to the Department within one week after
the completion of each construction week. The weekly reports must summarize the
daily reports and include information generated during the week. The following
information is required as part of the weekly inspection reports.
(a) A statement prepared by the CQA personnel
summarizing the test results;
(b)
Submittals and action taken;
(c)
Summary of work progress;
(d)
Upcoming work items for the next two weeks or an alternative time period as
approved by the Department;
(e)
Punch list items, as applicable;
(f) Summary of significant problems
encountered and how the problems were resolved;
(g) Change order status; and
(h) Construction stability monitoring
results, if applicable.
(6)
Photographic Documentation.
The licensee shall provide the Department with representative photographic
documentation of each stage of construction.
(7)
Inspection for Compliance.
After the closure of the landfill is substantially complete, the owner or
operator shall request in writing a Department inspection for compliance. Any
deficiencies noted by the Department must be corrected within 30
days.
(8)
Final Construction
Report. The licensee must submit a final construction report to the
Department within 45 days following construction completion. The report must
include:
(a) Written certification, signed
and stamped by the engineer supervising the project inspection, that the
closure has been completed in accordance with the approved plans and
specifications. Certifications for different aspects of closure construction
must be in accordance with the Quality Assurance Plan.
(b) A narrative summary of the construction
process. The summary must include supporting documentation sufficient for the
Department to conclude that the closure has been constructed in accordance with
the approved plans and specifications, including, but not limited to, the
following:
(i) A tabulation and summary of all
testing results;
(ii) A tabulation
of all problems encountered during construction and a description of how those
problems were resolved. The report must be appropriately
cross-referenced;
(iii) The
photographic documentation required in section 5(M)(6);
(iv) Subgrade acceptance
certification;
(v) Manufacturer's
quality control certificates; and
(vi) Quality assurance final reports for
earthworks and geosynthetics.
(9)
Record Drawings. The
licensee shall provide record drawings, signed and stamped by a State of Maine
Registered Professional Engineer, to the Department within 45 days after
construction completion.
