Code of Massachusetts Regulations
310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION
Title 310 CMR 19.000 - Solid Waste Management
Part II - LANDFILL DESIGN AND OPERATIONAL STANDARDS
Section 19.130 - Operation and Maintenance Requirements

Universal Citation: 310 CMR 19.000 MA Code of Regs 19.130

Current through Register 1531, September 27, 2024

(1) General. An operator shall incorporate procedures and practices, in accordance with approved plans and permit conditions, such as proper sequencing of landfill operations, proper grading of the site, proper maintenance of drainage and collection systems, and the application of adequate amounts and appropriate types of cover materials, which will prevent pollution of ground water, surface water and air quality and prevent nuisance conditions from developing.

(2) Operator Supervision. The overall care, maintenance and management for a landfill shall be under the direction of a qualified operator.

(3) Special Wastes. No solid waste that is a special waste shall be received or disposed at any landfill unless the provisions of 310 CMR 19.061 are satisfied and the special waste is managed in accordance with any conditions specified by the Department in any approval to manage the special waste.

(4) Banned or Restricted Solid Wastes. Any solid waste which has been banned or restricted from disposal pursuant to 310 CMR 19.017 shall be managed at a landfill in accordance with the facility's waste ban compliance plan prepared and approved in accordance with 310 CMR 19.017(5) unless an exception has been granted under 310 CMR 19.017(6).

(5) Hazardous Waste.

(a) No operator shall dispose of any material subject to the Hazardous Waste Regulations, 310 CMR 30.000, at a solid waste landfill permitted pursuant to M.G.L. c. 111, § 150A.

(b) The operator shall implement a program, approved by the Department, for detection and exclusion of hazardous wastes.

(c) The operator shall immediately notify the Department and the board of health of the discovery of any material subject to 310 CMR 30.000: Hazardous Waste.

(6) Bulky Wastes.

(a) An operator may accept bulky wastes where:
1. the handling of such wastes is consistent with the facility's permit or site assignment; and

2. the handling and/or disposal of such wastes can be carried out in a manner which is manageable and compatible with the facility's operation and maintenance plan and environmental control systems.

(b) The Department may disallow or place conditions on the handling or disposal of bulky waste at a landfill in order to protect the engineering or operational integrity of the facility.

(7) Liquid Wastes.

(a) No liquid wastes shall be disposed at landfills. Contained liquid wastes generated by and produced in the normal operation of a household, excluding septage, shall not be considered to be liquid wastes unless expressly excluded through 310 CMR 19.017: Waste Bans.

(b) For the purpose of 310 CMR 19.130 liquid wastes means any material that drains freely or contains free draining liquids, as determined by the Department using the Paint Filter Liquids Test, Method 9095 as described in USEPA Publication SW-846, as may be amended.

(8) Solid Waste Handling.

(a) Solid waste shall not be deposited in, or be allowed to enter surface or ground waters of the Commonwealth.

(b) Solid waste or other discarded materials shall not be unloaded unless the operation is under the direct supervision of the operator.

(c) The operator shall post, using appropriate signs or other means, where vehicles are to unload solid waste at the landfill.

(d) The deposition of solid waste shall be confined to the smallest area feasible.

(9) Bird Hazards. The operator of facilities located in the proximity of airports shall operate and maintain the facility in a manner so as to ensure that the facility shall not pose a bird hazard to aircraft.

(10) Equipment and Equipment Shelter.

(a) The operator shall provide equipment in adequate numbers and of appropriate type and size to ensure adequate compaction of solid waste and the proper operation and maintenance of the facility.

(b) Equipment shall not be in direct contact with the drainage/protection layer during landfilling activities.

(c) The operator shall make provisions for and ensure that backup equipment is obtained within 24 hours should the equipment used in daily operations become disabled for more than 24 hours. The facility shall cease operations should equipment not be available until such time as it becomes available to properly operate the facility.

(d) The operator shall provide suitable shelter or protection as necessary for all equipment and necessary service supplies used in connection with facility operations.

(11) Staffing.

(a) The operator shall provide an adequate number of trained staff to ensure that the facility is operated and maintained as designed and in accordance with good solid waste management practices.

(b) During posted hours of operation the operator shall be continuously present at the landfill.

(12) Employee Facilities.

(a) The operator shall provide proper shelter and facilities for employees working at the facility. The shelter and facilities shall contain:
1. sufficient light and heat;

2. a safe drinking water supply;

3. sanitary handwashing and toilet facilities;

4. an operational telephone or two-way radio system; and

5. other equipment or appurtenances necessary for full compliance with OSHA and Department of Labor and Industries regulations.

(13) Accident Prevention and Safety.

(a) All employees shall be instructed in the principles of first-aid and safety and in the specific operational procedure necessary to prevent accidents.

(b) The operator shall provide for the availability and maintenance of adequate first-aid supplies at the site at all times.

(c) The operator shall provide for two-way radios or telephones and ensure that the numbers for emergency medical care and ambulances are posted at the site.

(14) Spreading and Compacting of Solid Waste.

(a) All solid waste shall be evenly spread in shallow layers not exceeding three feet in thickness prior to compaction.

(b) Each layer shall be thoroughly compacted prior to the spreading and compaction of each additional layer.

(15) Cover Material.

(a) General. All cover material shall:
1. control fires, vectors, the occurrence of nuisance conditions such as odors, dust or litter, and be placed in a manner so as to minimize erosion by wind and/or water;

2. maintain a physical separation of the solid waste from the surface environment.

3. be substantially odor free;

4. consist of materials suitable for carrying out the geotechnical and other functions of the cover material; and

5. be free of substances which would attract vectors and free of large objects which would hinder spreading and compaction or otherwise interfere with the proper functions of cover material.

(b) Effective Use. The Department reserves the right to limit the types and quantities of cover material used at a facility to meet the engineering function of that use, maximize capacity allocation or to otherwise address the waste management needs of the Commonwealth.

(c) Daily Cover.
1. Daily cover material shall be workable under all weather and operational conditions.

2. A minimum of six inches of compacted soil shall be applied:
a. over all exposed solid waste at the end of each working day; or

b. more frequently and/or at greater depth, if necessary, to prevent fire and control vectors, odors, or blowing litter and to ensure that there is no exposed refuse.

3. A minimum quantity of daily cover material sufficient for 14 working days operations shall be stockpiled at the landfill site at all times.

4. Daily cover shall not be used in quantities greater than are necessary to achieve compliance with the requirements at 310 CMR 19.130(15)(a). Any quantity of daily cover used above this amount, except where stipulated, is considered disposal.

5. Upon written request, the Department may approve in writing, the use of alternative daily cover materials and/or different thicknesses of daily cover pursuant to 310 CMR 19.105: Equivalency Review Standards and Procedures. Where non-soil cover materials are proposed the material must meet or exceed the standards established at 310 CMR 19.130(15)(a) and (b).

(d) Intermediate Cover.
1. Intermediate cover material shall be used to prevent or minimize the infiltration and percolation of water into the landfill.

2. Intermediate cover shall be applied under the following circumstances:
a. a minimum of six inches of uniformly compacted intermediate cover, in addition to the daily cover, shall be applied on the exterior top and side slopes of any filled areas of a landfill which has not received or will not receive solid waste for 30 days or other time period as approved by the Department; or

b. a minimum of one foot of uniformly compacted intermediate cover in addition to the daily cover, shall be applied on the exterior top and side slopes of any filled areas of a landfill which has not or will not receive solid waste for six months or longer or other time period as approved by the Department.

3. Acceptable Materials.
a. The following soils, classified pursuant to the Unified Soil Classification System, may be used without prior Departmental approval: G.C., S.C., C.H., C.L. and O.H.

b. All other soils proposed for use as intermediate cover at a landfill shall be tested by a qualified laboratory and be approved as intermediate cover by the Department prior to placement.

4. Other Materials. Upon written request, the Department, pursuant to 310 CMR 19.105: Equivalency Review Standards and Procedures, may approve, in writing, the use of synthetic covers or other alternatives if such materials provide equivalent or greater protection than the materials listed in 310 CMR 19.130(15)(c)3.a.

(e) Final Cover.
1. The application of final cover, or alternate in accordance with 310 CMR 19.112, 19.113 or 19.114, shall begin to be applied to a section of the landfill as soon as possible, but no later than 90 days, or other schedule as approved by the Department, after the circumstances specified in 310 CMR 19.130(15)(e)1.a. and b. When greater than 30 days of the 90 day period falls between November 1st and March 1st, final cover shall begin to be applied no later than the following April 1st.
a. Active landfills:
i. whenever a new lift has not or will not be applied within a one year period unless the area is permitted to accept additional waste;

ii. upon reaching final approved elevations;

iii. whenever a phase of the landfill has been completed; or

iv. whenever the permit expires or terminates for any reason, or is revoked.

b. Inactive landfills:
i. in accordance with schedules established pursuant to 310 CMR 19.150, Landfill Assessment Requirements, and 310 CMR 19.151: Corrective Action Requirements.

2. The final cover shall be designed and constructed in accordance with the requirements established in 310 CMR 19.112, 19.113 or 19.114.

3. Final cover shall be maintained to prevent erosion and ensure the integrity of the cap.

(f) Maintenance of Intermediate or Final Cover.
1. The final cover system shall be repaired immediately upon the detection of any failure which may result in the release of pollutants to the environment and shall be maintained and repaired during the active life of the landfill, the closure period and the post-closure period.

2. Operators shall repair the intermediate cover, including cover vegetation if used, of all areas on which intermediate cover has been applied.

(16) Vector, Dust and Odor Control.

(a) The operator shall prevent vectors, dust, odors and other nuisance conditions from developing at the landfill and any other areas related to the general facility operations.

(b) No pesticides shall be utilized at the landfill except:
1. under the direct supervision of a pesticide operator licensed by the Massachusetts Department of Food and Agriculture; and

2. upon written notification to the appropriate Department Regional Office and board of health of such application.

(c) Water shall not be used for dust control in amounts which produce excessive infiltration, ponding or erosion.

(17) Litter Control.

(a) Landfill operations shall be conducted so as to minimize blowing litter.

(b) The operator shall incorporate litter fencing, natural barriers or other devices to prevent the scattering of solid waste beyond the working area.

(c) The operator shall maintain the general cleanliness of the facility and surrounding areas impacted by blown litter from the facility or the access roads.

(18) Top Slope and Side Slopes.

(a) The operator shall ensure that the final top slope has a minimum grade of 5%.

(b) The operator shall ensure that no top slope or side slope grade shall result in excessive erosion.

(c) The operator shall ensure that final exterior side slopes shall not exceed a slope of three horizontal to one vertical (3:1).

(d) The operator shall ensure that in no case shall an unstable slope be created or a slope that could result in abnormal stress on the liner system.

(19) Storm Water Drainage.

(a) The operator shall provide sufficient storm water drainage controls and diversion structures, channels or ditches to promote drainage off of the landfill, minimize run-on onto the landfill, prevent uncontrolled ponding on the landfill or uncontrolled ponding adjacent to the filled area.

(b) Storm water drainage structures shall be designed, constructed and maintained so as to ensure integrity of the drainage structures and so as to prevent erosion of the landfill.

(20) Erosion Control.

(a) The operator shall institute such soil erosion control measures as are necessary to ensure the retention and integrity of the daily, intermediate or final cover.

(b) The operator shall ensure that no solid waste or leachate are carried off-site due to erosion.

(c) The operator shall ensure that siltation due to erosion shall not migrate off-site.

(d) In a situation where significant settlement, uncontrolled ponding of waters or erosion of the landfill or cover material placed over the landfill occurs during the operation, closure or the post-closure period the operator or owner shall immediately institute corrective measures.

(21) Boundary and Elevation Markers.

(a) The operator shall establish and maintain boundary markers at the outermost boundaries of waste deposition and at the property boundaries. Markers shall, at a minimum, be established at every change in direction of the boundary.

(b) The operator shall establish and maintain at least one reference elevation marker on an area of the site that does not contain solid waste.

(22) Access Roads. The access roads shall be constructed, graded and maintained to ensure that traffic flow will not be interrupted by inclement weather or traffic patterns.

(23) Security.

(a) The operator shall provide sufficient fences or other barriers to prevent access to the facility except at designated points of entry or exit.

(b) A gate shall be provided at all access points and shall be locked at all times when the operator or his agent is not on site or during hours when the facility is not operating.

(24) Posting of the Landfill.

The operator of a landfill shall post signs at all access points to the landfill which, at minimum, include the following information:

(a) the name of the owner and operator of the facility;

(b) a 24 hour emergency telephone number for the facility;

(c) the hours of operation;

(d) a list of solid wastes banned or restricted pursuant to 310 CMR 19.017;

(e) other limitations and conditions of access to the facility; and

(f) penalties for unauthorized use.

(25) Open Burning. The operator shall not cause, suffer, allow or permit the open burning of any combustible material at the facility except as may be expressly permitted by the Department pursuant to 310 CMR 7.07: U Open Burning.

(26) Fire Protection and Control.

(a) The operator shall ensure that no materials are stored, held, maintained or placed at a landfill in such a manner as to pose a fire hazard.

(b) A separate area shall be provided, located away from combustible materials, uncovered refuse and buildings, for quick dumping and quenching or snuffing of hot loads.

(c) The operator shall immediately notify the fire departments having jurisdiction, and the appropriate Regional Office of the Department whenever smoldering, smoking or burning has occurred or is occurring at the landfill.

(d) The operator shall be responsible for seeking fire-fighting assistance, initiating and providing assistance and/or resources for fire-fighting actions until all smoldering, smoking and burning cease.

(e) The operator shall not conduct disposal activities in the vicinity of any smoldering, smoking or burning area. Precautions shall be taken to prevent disposal activities from interfering with fire-fighting activities.

(f) Any disruption of the finished grade or covered surfaces as a result of fire fighting activities shall be repaired or replaced immediately upon termination of fire-fighting activities.

(27) Convenience and Recycling Drop-off Areas at landfills.

(a) The operator may provide one or more containers of sufficient capacity within a designated secure area under the landfill's control and with the approval of the Department either for the unloading of solid wastes from private vehicles prior to transport of the solid waste to the active area of the landfill (convenience areas), or for the collection and temporary storage of recyclable materials.

(b) Convenience areas and recycling drop-off areas shall be operated in an orderly, safe and environmentally sound manner.

(c) The convenience or recycling drop-off area shall be located a safe distance from the active working face and the movement of associated landfill equipment and commercial vehicles.

(d) The convenience or recycling drop-off area shall be maintained so as to prevent nuisance conditions from developing and to ensure the sanitary condition and orderly appearance of the areas.

(e) Solid waste shall be removed from the containers used in the convenience area and deposited in the working face at such frequency so as not to exceed the capacity of the containers. The containers shall be emptied, at a minimum, at the end of each day of operations.

(f) Containers provided for the collection and storage of recyclable materials for transport off-site shall be emptied whenever filled or every 60 days, whichever is less, or as otherwise determined by the Department.

(28) Waste Oil Collection at Landfills. Waste oil other than the waste oil generated by the operator during normal maintenance of equipment used on-site may be collected and stored at landfills only with the approval of the Department.

(29) Household Hazardous Waste Collections at Landfills. Household hazardous waste shall be collected at landfills only with the approval of the Department and consistent with 310 CMR 30.000: Hazardous Waste.

(30) Leachate Collection, Treatment and Disposal.

(a) Leachate shall be collected, stored, handled, treated on or off-site and disposed in accordance with approved plans and the permit.

(b) The storage of leachate should not exceed one foot of hydraulic head on the liner except during storm events and be designed to drop below one foot within seven days of a 25-year storm for the primary operational phase of the landfill.

(c) Leachate shall not be discharged directly to waters of the Commonwealth except in accordance with a discharge permit issued by the Department pursuant to 314 CMR 5.00 Ground Water Discharge Permit Program or 314 CMR 7.00: Sewer System Extension and Connection Permit Program .

(d) Leachate shall not be discharged to a sewer except in accordance with a sewer connection permit issued pursuant to 314 CMR 12.00.

(e) Leachate shall only be stored at the landfill pursuant to the requirements of 314 CMR 18.00: Industrial Wastewater Holding Tank and Container Construction, Operation, and Record Keeping Requirements .

(f) Leachate shall be removed from a landfill leachate storage facility for off-site treatment or disposal only by a licensed liquid waste hauler and only when there is a contractual or otherwise appropriate guarantee for disposal of the leachate.

(g) The operator shall have contracts or otherwise appropriate plans for back-up handling, treatment and disposal for leachate expected to be generated by the landfill in the case of interrupted service of the primary handling, treatment and disposal option.

(h) Inspection reports, as required under 310 CMR 19.130(35), shall include the quantity of leachate generated, the leachate disposal location, results of leachate tank testing and monitoring and other routine maintenance performed.

(i) Leachate collection, storage, treatment, and disposal shall continue during the entire active life of the landfill, and during the closure and the post-closure periods.

(31) Phase Completion of the Landfill.

(a) Landfill operations shall be conducted in phases in accordance with approved plans to reduce the amount of active area exposed.

(b) Final cover shall be placed on completed phases and shall be maintained to prevent erosion and ensure the integrity of the cap.

(c) Construction of the Final Cover. Construction of the final cover shall consist of the construction of the final cover and all associated appurtenances. Construction of the final cover shall be carried out in conformance with 310 CMR 19.107: Construction Certification. The independent professional engineer shall:
1. notify the Department in writing two weeks prior to the start of construction of the low permeability cap;

2. ensure that:
a. the completed phase is graded in a manner that facilitates surface drainage and is consistent with the surrounding topography;

b. the completed phase is completely covered by a final cover in accordance with 310 CMR 19.112;

c. the construction of the final cover does not in any way interfere with proper drainage of adjacent lands or concentrate run-off waters on adjacent areas;

d. the phase has an air quality protection system designed and constructed in accordance with 310 CMR 19.117; and e. the phase has an operative environmental monitoring system designed and implemented in accordance with 310 CMR 19.118.

3. notify the Department in writing two weeks prior to the completion of construction of the final cover; and 4. submit a copy of the engineer's certification to the Department.

(d) Letter of Compliance.
1. Following receipt of the engineer's certification specified at 310 CMR 19.130(31)(c)4. the Department shall inspect the landfill and shall:
a. issue a letter of compliance certifying that the landfill or phase thereof has received final cover in accordance with approved plans; or

b. issue a letter citing deficiencies and requiring corrective action.

(32) Disruption of Landfilled Areas.

(a) No person shall excavate, disrupt or remove deposited material from either an active, inactive or closed landfill without prior written approval from the department.

(b) All requests for approval shall include a plan describing the area involved, depth of such excavated material, where material is to be re-deposited and estimated time required for completion of excavation procedures.

(c) All excavations shall be confined to an area consistent with the number of pieces of digging equipment and/or trucks used for haulage.

(d) Adequate measures shall be taken during excavation to control dust, odors, fires, potential for release of gas and explosions, rodents, insects and blowing litter.

(e) The re-deposition of all excavated solid wastes shall be in conformity with all requirements of 310 CMR 19.000.

(33) Construction of Buildings. Construction of permanent buildings on top of landfilled areas shall be prohibited during the operational phase except for buildings associated with landfill gas recovery operations.

(34) Records for Operational and Plan Execution.

(a) The operator shall maintain a daily log to record operational information, including but not limited to the type and quantity of solid waste received and the status of all environmental control or monitoring systems.

(b) The operator of existing or new landfills receiving 100 tons or more per day shall weigh all incoming solid waste.

(c) Operators of landfills that receive less than 100 tons per day shall, on a daily basis, estimate the total weight and volume of waste delivered based upon the capacity of the vehicles which delivered solid waste to the facility.

(d) The operator shall submit to the Department, no later than February 15th of each calendar year, an annual report summarizing the facility's operations for the previous calendar year or portion of a calendar year that waste is handled at the facility. The report shall describe and summarize:
1. the amount of solid waste handled during that year with the quantity reported in tons;

2. the filled capacity of the facility in cubic yards and the estimated density of the landfilled solid waste;

3. the amount of capacity remaining in the landfill in cubic yards;

4. the volume of daily and intermediate cover material applied to the landfill during that year;

5. all environmental monitoring and sampling data trends from ground water, surface water and gas monitoring systems; and

6. a demonstration of how the landfill's operations during the year complied with the provisions of the recycling and composting plan contained as part of the facility's solid waste management permit.

(35) Inspections. The facility shall be inspected by a third-party inspector in accordance with 310 CMR 19.018.

(36) Re-circulation of Leachate. The Department may allow the re-circulation of leachate if it is demonstrated to the Department that such a procedure will be conducted to achieve a reasonable environmental goal and the operation will not compromise the integrity of the landfill, including the liner and leachate collection systems, or result in unacceptable adverse impacts to the public health, safety or the environment, or result in nuisance conditions. A request for leachate re-circulation shall include:

(a) the goals and expectations of the re-circulation activity;

(b) a report detailing the engineering considerations that need to be addressed by the re-circulation activity including, but not limited to, stability of the landfill, leachate collection system performance, odor concerns and landfill gas issues (generation rate and controls, etc.);

(c) identification of potential adverse impacts (odors etc.) resulting from the re-circulation activity and a contingency plan to address any potential adverse impacts should they occur;

(d) methods used to monitor the performance of the re-circulation operations to ensure they are within safe operating parameters and achieving project goals;

(e) amount and rate of leachate to be recirculated, how leachate will be distributed, and storage needs and methods; and,

(f) an evaluation of financial assurance mechanisms to ensure the availability of adequate funds to address corrective actions that may result if there are problems with the re-circulation system.

(37) End-of-life Mercury-added Products. Mercury-added products that are hazardous waste pursuant to 310 CMR 30.000: Hazardous Waste shall be handled in accordance with 310 CMR 30.000: Hazardous Waste. Mercury-added products that are not hazardous waste shall be handled in accordance with 310 CMR 76.05(2).

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