Minnesota Administrative Rules
Agency 167 - Pollution Control Agency
Chapter 7045 - HAZARDOUS WASTE
FACILITY STANDARDS
Part 7045.0534 - WASTE PILES
Universal Citation: MN Rules 7045.0534
Current through Register Vol. 49, No. 13, September 23, 2024
Subpart 1. Scope.
This part applies to owners and operators of facilities that store or treat hazardous waste in piles, except as part 7045.0450 provides or as otherwise provided in this subpart.
The requirements of this part do not apply to owners or operators of waste piles that are closed with wastes left in place. Such waste piles are subject to regulation under part 7045.0538.
The owner or operator of a waste pile that is inside or under a structure that provides protection from precipitation so that neither run-off nor leachate is generated is not subject to subparts 2, items A and B; 3; or part 7045.0484 if:
A. liquids or materials containing free
liquids are not placed in the pile;
B. the pile is protected from surface water
run-on by the structure or in some other manner;
C. the pile is designed and operated to
control dispersal of the waste by wind, where necessary, by means other than
wetting; and
D. the pile will not
generate leachate through decomposition or other reactions.
Subp. 2. Locational requirements.
Locational requirements are as follows:
A. A waste pile must not be located in an
area characterized by surficial karst features.
B. The owner or operator of a proposed or
existing waste pile shall submit to the agency with the permit application a
hydrogeologic report which provides sufficient information and detail on the
site's topography, soils, geology, surface hydrology, and ground water
hydrology to evaluate the facility's actual and potential effects on subsoils,
surface water, and ground water. This report must include:
(1) a geologic history of the area;
(2) the stratigraphy of the area;
(3) the composition of the site's soil and
rock formations;
(4) the hydraulic
characteristics of the site's soil and rock formations;
(5) the occurrence of ground water in the
area;
(6) directions and rates of
ground water and surface water movements;
(7) ground water and surface water
interactions;
(8) existing and
future uses of ground water and surface water;
(9) existing quality of ground water and
surface water;
(10) if a ground
water monitoring system which complies with part
7045.0484, subpart 11, item A can
be installed at the site;
(11)
climatological information; and
(12) all other factors which would influence
the quality and mobility of the leachate produced and the potential for it to
migrate to subsoils, ground water, or surface water.
C. A waste pile, including its underlying
liners, must be located entirely above the seasonal high water table.
Subp. 3. Design and operating requirements.
Design and operating requirements are as follows:
A. A waste pile must have a liner that is
designed, constructed, and installed to prevent any migration of wastes out of
the pile into the adjacent subsurface soil or ground water or surface water at
any time during the active life, including the closure period, of the waste
pile. The liner may be constructed of materials that may allow waste to migrate
into the liner itself, but not into the adjacent subsurface soil or ground
water or surface water, during the active life, including the closure period,
of the facility. The liner must be:
(1)
constructed of materials that have appropriate chemical properties and
sufficient strength and thickness to prevent failure due to pressure gradients,
including static head and external hydrogeologic forces, physical contact with
the waste or leachate to which they are exposed, climatic conditions, the
stress of installation, and the stress of daily operation;
(2) placed upon a foundation or base capable
of providing support to the liner and resistance to pressure gradients above
and below the liner to prevent failure of the liner due to settlement,
compression, or uplift; and
(3)
installed to cover all surrounding earth likely to be in contact with the waste
or leachate.
B. A waste
pile must have a leachate collection and removal system immediately above the
liner that is designed, constructed, maintained, and operated to collect and
remove leachate from the pile. The agency shall specify design and operating
conditions in the permit to ensure that the leachate depth over the liner does
not exceed 30 centimeters (one foot) at any point. The leachate collection and
removal system must be:
(1) constructed of
materials that are chemically resistant to the waste managed in the pile and
the leachate expected to be generated; and of sufficient strength and thickness
to prevent collapse under the pressures exerted by overlaying wastes, waste
cover materials, and by any equipment used at the pile; and
(2) designed and operated to function without
clogging through the scheduled closure of the waste pile.
C. The owner or operator of each new waste
pile unit on which construction commences after January 29, 1992, each lateral
expansion of a waste pile unit on which construction commences after July 29,
1992, and each replacement of an existing waste pile unit that is to commence
reuse after July 29, 1992, must install two or more liners and a leachate
collection and removal system above and between such liners. "Construction
commences" and "existing facility" are defined in part
7045.0020.
(1)
(a) The
liner system must include:
i. a top liner
designed and constructed of materials (e.g. a geomembrane) to prevent the
migration of hazardous constituents into such liner during the active life and
postclosure care period; and
ii. a
composite bottom liner, consisting of at least two components. The upper
component must be designed and constructed of materials (e.g. a geomembrane) to
prevent the migration of hazardous constituents into this component during the
active life and postclosure care period. The lower component must be designed
and constructed of materials to minimize the migration of hazardous
constituents if a breach in the upper component were to occur. The lower
component must be constructed of at least three feet (91 centimeters) of
compacted soil material with a hydraulic conductivity of no more than 1 x 10 to
the negative 7th power centimeters per second.
(b) The liners must comply with item A,
subitems (1) to (3).
(2)
The leachate collection and removal system immediately above the top liner must
be designed, constructed, operated, and maintained to collect and remove
leachate from the waste pile during the active life and postclosure care
period. The commissioner will specify design and operating conditions in the
permit to ensure that the leachate depth over the liner does not exceed 30
centimeters (one foot). The leachate collection and removal system must comply
with subitem (3), units (c) and (d).
(3) The leachate collection and removal
system between the liners, and immediately above the bottom composite liner in
the case of multiple leachate collection and removal systems, is also a leak
detection system. This leak detection system must be capable of detecting,
collecting, and removing leaks of hazardous constituents at the earliest
practicable time through all areas of the top liner likely to be exposed to
waste or leachate during the active life and postclosure care period. The
requirements for a leak detection system in this subitem are satisfied by
installation of a system that is, at a minimum:
(a) constructed with a bottom slope of one
percent or more;
(b) constructed of
granular drainage materials with a hydraulic conductivity of 1 x 10 to the
negative 2nd power centimeters per second or more and a thickness of 12 inches
(30.5 centimeters) or more; or constructed of synthetic or geonet drainage
materials with a transmissivity of 3 x 10 to the negative 5th meters squared
per second or more;
(c) constructed
of materials that are chemically resistant to the waste managed in the waste
pile and the leachate expected to be generated, and of sufficient strength and
thickness to prevent collapse under the pressures exerted by overlying wastes,
waste cover materials, and equipment used at the waste pile;
(d) designed and operated to minimize
clogging during the active life and postclosure care period; and
(e) constructed with sumps and liquid removal
methods (e.g. pumps) of sufficient size to collect and remove liquids from the
sump and prevent liquids from backing up into the drainage layer. Each unit
must have its own sump. The design of each sump and removal system must provide
a method for measuring and recording the volume of liquids present in the sump
and of liquids removed.
(4) The owner or operator shall collect and
remove pumpable liquids in the leak detection system sumps to minimize the head
on the bottom liner.
(5) The owner
or operator of a leak detection system that is not located completely above the
seasonal high water table must demonstrate that the operation of the leak
detection system will not be adversely affected by the presence of
groundwater.
D. The
commissioner shall approve alternative design or operating practices to those
specified in item C if the owner or operator demonstrates to the commissioner
that such design and operating practices, together with location
characteristics:
(1) will prevent the
migration of any hazardous constituent into the groundwater or surface water at
least as effectively as the liners and leachate collection and removal systems
specified in item C; and
(2) will
allow detection of leaks of hazardous constituents through the top liner at
least as effectively.
E.
The owner or operator of any replacement waste pile unit is exempt from item C
if:
(1) the existing unit was constructed in
compliance with the design standards of the United States Resource Conservation
and Recovery Act, section 3004(o)(1)(A)(i) and (o)(5); and
(2) there is no reason to believe that the
liner is not functioning as designed.
F. The owner or operator shall design,
construct, operate, and maintain a run-on control system capable of preventing
flow onto the active portion of the pile during peak discharge from at least a
100-year storm.
G. The owner or
operator shall design, construct, operate, and maintain a runoff management
system to collect and control at least the water volume resulting from a
24-hour, 100-year storm.
H.
Collection and holding facilities, such as tanks or basins, associated with
run-on and runoff control systems must be emptied or otherwise managed
expeditiously after storms to maintain design capacity of the system.
I. If the pile contains any particulate
matter which may be subject to wind dispersal, the owner or operator shall
cover or otherwise manage the pile to control wind dispersal of hazardous
waste.
J. The owner or operator of
a waste pile shall submit to the agency with the permit application a plan for
the treatment and disposal of runoff contained in the runoff management system
and leachate which is removed from the waste pile.
K. An owner or operator may petition for
alternate design or operating practices under part
7045.0075, subpart 12.
L. The agency shall specify in the permit all
design and operating practices that are necessary to ensure that the
requirements of items A to H are satisfied.
Subp. 4. [Repealed, 11 SR 1832]
Subp. 4a. Action leakage rate.
A. The commissioner shall approve an action
leakage rate for waste pile units subject to subpart
3, item C or D. The action
leakage rate is the maximum design flow rate that the leak detection system can
remove without the fluid head on the bottom liner exceeding one foot. The
action leakage rate must include an adequate safety margin to allow for
uncertainties in the design (e.g., slope, hydraulic conductivity, thickness of
drainage material), construction, operation, and location of the leak detection
system, waste and leachate characteristics, likelihood and amounts of other
sources of liquids in the leak detection system, and proposed response actions
(e.g., the action leakage rate must consider decreases in the flow capacity of
the system over time resulting from siltation and clogging, rib layover and
creep of synthetic components of the system, overburden pressures,
etc.).
B. To determine if the
action leakage rate has been exceeded, the owner or operator must convert the
weekly flow rate from the monitoring data obtained under subpart
6, item C, to an average
daily flow rate (gallons per acre per day) for each sump. Unless the
commissioner approves a different calculation, the average daily flow rate for
each sump must be calculated weekly during the active life and closure
period.
Subp. 5. [Repealed, 11 SR 1832]
Subp. 5a. Response actions.
A. The owner or
operator of waste pile units subject to subpart
3, item C or D, must have an
approved response action plan before receipt of waste. The response action plan
must set forth the actions to be taken if the action leakage rate has been
exceeded. At a minimum, the response action plan must describe the actions
specified in item B.
B. If the flow
rate into the leak detection system exceeds the action leakage rate for any
sump, the owner or operator must:
(1) notify
the commissioner in writing of the exceedence within seven days of the
determination;
(2) submit a
preliminary written assessment to the commissioner within 14 days of the
determination, as to the amount of liquids, likely sources of liquids, possible
location, size, and cause of any leaks, and short-term actions taken and
planned;
(3) determine to the
extent practicable the location, size, and cause of any leak;
(4) determine whether waste receipt should
cease or be curtailed, whether any waste should be removed from the unit for
inspection, repairs, or controls, and whether or not the unit should be
closed;
(5) determine any other
short-term and longer-term actions to be taken to mitigate or stop any leaks;
and
(6) within 30 days after the
notification that the action leakage rate has been exceeded, submit to the
commissioner the results of the analyses specified in subitems (3) to (5), the
results of actions taken, and actions planned. Monthly thereafter, as long as
the flow rate in the leak detection system exceeds the action leakage rate, the
owner or operator must submit to the commissioner a report summarizing the
results of any remedial actions taken and actions planned.
C. To make the leak and/or remediation
determinations in item B, subitems (3) to (5), the owner or operator must:
(1)
(a)
assess the source of liquids and amounts of liquids by source;
(b) conduct a fingerprint, hazardous
constituent, or other analyses of the liquids in the leak detection system to
identify the source of liquids and possible location of any leaks, and the
hazard and mobility of the liquid; and
(c) assess the seriousness of any leaks in
terms of potential for escaping into the environment; or
(2) document why such assessments are not
needed.
Subp. 6. Monitoring and inspection.
Monitoring and inspection requirements are as follows:
A. During construction or installation,
liners and cover systems, such as membranes, sheets, or coatings, must be
inspected for uniformity, damage, and imperfections such as holes, cracks, thin
spots, or foreign materials. Immediately after construction or installation:
(1) synthetic liners and covers must be
inspected to ensure tight seams and joints and the absence of tears, punctures,
or blisters;
(2) soil-based and
admixed liners and covers must be inspected for imperfections including lenses,
cracks, channels, root holes, or other structural nonuniformities that may
cause an increase in the permeability of the liner or cover; and
(3) the construction of the liners must be
certified by a qualified engineer to comply with the approved plans and
specifications.
B. While
a waste pile is in operation, it must be inspected weekly and after storms to
detect evidence of any of the following:
(1)
deterioration, malfunctions, or improper operation of run-on and run-off
control systems;
(2) the presence
of liquids in leak detection, collection, and removal systems;
(3) improper functioning of wind dispersal
control systems, where present; or
(4) the presence of leachate in and proper
functioning of leachate collection and removal systems.
If any evidence of a condition described in subitems (1) to (3) is detected, the owner or operator shall notify the commissioner of the condition and remedies to correct this condition.
C. An owner or operator required to have a
leak detection system under subpart
3, item C, must record the
amount of liquids removed from each leak detection system sump at least once
each week during the active life and closure period.
Subp. 7. Closure and postclosure care.
Closure and postclosure requirements are as follows:
A. At closure, the owner or operator shall
remove or decontaminate all waste residues, contaminated containment system
components including liners, contaminated subsoils, and structures and
equipment contaminated with waste and leachate; and manage them as hazardous
waste unless they are shown to not be hazardous in accordance with parts
7045.0102 to
7045.0155.
B. If, after removing or decontaminating all
residues and making all reasonable efforts to effect removal or decontamination
of contaminated components, subsoils, structures, and equipment as required in
item A, the owner or operator finds that not all contaminated subsoils can be
practicably removed or decontaminated, he or she must close the facility and
perform postclosure care in accordance with the closure and postclosure care
requirements that apply to landfills, part
7045.0538, subpart
7.
C. The owner or operator of a waste pile that
does not comply with the liner requirements of subpart
3, item A and is not exempt
from them in accordance with subpart
1
shall:
(1) include in the closure plan for
the pile under part
7045.0486 both a plan for
complying with item A and a contingent plan for complying with item B in case
not all contaminated subsoils can be practicably removed at closure;
and
(2) prepare a contingent
postclosure plan under part
7045.0490 for complying with item
B in case not all contaminated subsoils can be practicably removed at
closure.
D. The cost
estimates calculated under parts
7045.0502 and
7045.0506 for closure and
postclosure care of a pile subject to item C must include the cost of complying
with the contingent closure plan and the contingent postclosure plan, as well
as the cost of expected closure under item A.
Subp. 8. Special requirements for ignitable or reactive waste.
Ignitable or reactive waste must not be placed in a waste pile unless the waste and waste pile satisfy all applicable requirements of part 7045.1390, and:
A. the waste is treated, rendered, or mixed
before or immediately after placement in the pile so that the resulting waste,
mixture, or dissolution of material no longer meets the definition of ignitable
or reactive waste under part
7045.0131, subpart
2 or
5, and compliance with part
7045.0456, subpart
2 is maintained; or
B. the waste is managed to protect it from
material or conditions which may cause it to ignite or react.
Subp. 9. Special requirements for incompatible wastes.
Incompatible wastes, or incompatible wastes and materials, must not be placed in the same pile unless compliance with part 7045.0456, subpart 2, is maintained.
A pile of hazardous waste that is incompatible with waste or other material located nearby must be adequately separated from the other materials, or protected from them by means of a dike, berm, wall, or other device.
Hazardous waste must not be piled on the same base where incompatible wastes or materials were previously piled, unless the base has been decontaminated sufficiently to ensure compliance with part 7045.0456, subpart 2.
Subp. 10. Special requirements for hazardous wastes F020, F021, F022, F023, F026, F027, and F028.
The following requirements apply to the hazardous wastes indicated:
A. Hazardous waste F020,
F021, F022, F023, F026, and F027 listed under part
7045.0135, subpart 1a, item B,
must not be placed in a surface impoundment.
B. Hazardous waste F028 and treatment
residues and soils contaminated with hazardous wastes F020, F021, F022, F023,
F026, F027, and F028 listed under part
7045.0135, subpart 1a, item B,
must not be placed in surface impoundments unless the owner or operator
operates the surface impoundment in accordance with all applicable requirements
of this part and in accordance with a management plan that is approved by the
commissioner considering the following factors:
(1) the volume, physical, and chemical
characteristics of the wastes, including their potential to migrate through
soil or to volatilize or escape into the atmosphere;
(2) the attenuative properties of underlying
and surrounding soils or other materials;
(3) the mobilizing properties of other
materials codisposed with these wastes; and
(4) the effectiveness of additional
treatment, design, or monitoring techniques.
C. The commissioner shall impose additional
design, operating, and monitoring requirements if the commissioner finds that
additional requirements are necessary for surface impoundments used to treat,
store, or dispose of hazardous waste F028 and treatment residues and soils
contaminated with hazardous wastes F020, F021, F022, F023, F026, F027, and F028
listed under part
7045.0135, subpart 1a, item B, in
order to reduce the possibility of migration of these wastes to ground water,
surface water, or air so as to protect human health and the
environment.
Statutory Authority: MS s 116.07; 116.37
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