Current through Register Vol. 49, No. 27, December 30, 2024
Subpart 1.
Scope.
This part applies to owners and operators of facilities that
dispose of hazardous waste in landfills, except as part
7045.0450 provides
otherwise.
Subp. 2.
Location.
Location requirements are as follows:
A. A landfill must not be located in an area
characterized by surficial karst features.
B. The owner or operator of a proposed or
existing landfill 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
on 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 landfill,
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 landfill must have a double liner system
that is designed, constructed, and installed to prevent any migration of wastes
out of the landfill to the adjacent subsurface soil or ground water or surface
water at any time during the active life, including the closure and postclosure
periods, of the landfill. The double liner system must consist of two liners
with a leak detection, collection, and removal system. This system must be
designed, constructed, maintained, and operated to detect, collect, and remove
liquids without clogging, through the scheduled postclosure care period of the
landfill. Both liners and the leak detection, collection, and removal system
must conform to the requirements of item B or C, as appropriate, and 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. For any landfill that is not covered by
item C or part
7045.0638, one of the liners may
be constructed of materials that allow wastes to migrate into the liner, but
not into the adjacent subsurface soil, drainage layer, or ground water or
surface water. At least one liner must be constructed of materials that prevent
wastes from passing into the liner. The double liner system must consist of two
liners with a leak detection, collection, and removal system between the
liners.
C. The owner or operator of
each new landfill unit on which construction commences after January 29, 1992,
each lateral expansion of a landfill unit on which construction commences after
July 29, 1992, and each replacement of an existing landfill 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 centimeters per second.
(b) The liners must comply with item
A.
(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
landfill 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 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 landfill
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 landfill;
(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. A
landfill must have a leachate collection and removal system immediately above
each liner that is designed, constructed, maintained, and operated to collect
and remove leachate from the landfill. The agency shall specify design and
operating conditions in the permit to ensure that the leachate depth over each
liner does not exceed 30 centimeters (one foot) at any point. The leachate
collection and removal systems must be:
(1)
constructed of materials that are chemically resistant to the waste managed in
the landfill 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 by any equipment used at the
landfill; and
(2) designed,
constructed, maintained, and operated to function without clogging through the
scheduled postclosure care period of the landfill.
E. 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 landfill during peak discharge from at
least a 100-year storm.
F. 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.
G.
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.
H. The owner or operator shall cover or
otherwise manage the landfill to control wind dispersal of particulate
matter.
I. The owner or operator
shall develop the landfill in appropriately sized cells to minimize the amounts
of liquids entering each cell due to precipitation.
J. The owner or operator of a landfill 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 landfill.
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 K are satisfied.
M. 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.
N. The
owner or operator of any replacement landfill 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.
Subp. 4.
Leak detection.
If liquids are detected in the leak detection, collection,
and removal system, the owner or operator shall notify the commissioner of that
fact in writing within seven days after detecting the liquids, and:
A. within a period of time specified in the
permit, remove accumulated liquids, repair or replace any liner which is
leaking to prevent the migration of liquids through the liner, and obtain a
certification from a qualified engineer that, to the best of his or her
knowledge and opinion, the leak has been stopped; or
B. if the owner or operator can demonstrate
to the commissioner that the repair of the liner is not possible or feasible,
he or she must begin to comply with the monitoring requirements of part
7045.0484, subpart
12, item E within a period
of time specified in the permit.
The agency will specify in the permit all design and
operating practices that are necessary to ensure that the requirements of item
A or B are satisfied.
Subp.
4a.
Action leakage rate.
A. The commissioner shall approve an action
leakage rate for landfill units subject to subpart
3, item C or K. 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 or monthly flow rate from the monitoring data obtained under subpart
5, 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,
and monthly during the postclosure care period when monthly monitoring is
required under subpart
5, item C.
Subp. 5.
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 be in accordance with the approved plans
and specifications.
B.
While a landfill 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 runoff control systems;
(2) the presence of liquids in leak detection
systems;
(3) improper functioning
of wind dispersal control systems, where present; and
(4) the presence of leachate in and proper
functioning of leachate collection and removal systems.
If any evidence of any condition described in subitems (1) to
(3) is detected, the owner or operator shall notify the commissioner of the
condition and remedies to correct the condition.
C.
(1) An
owner or operator required to have a leak detection system under subpart
3, item C or K, 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.
(2) After the final cover is installed, the
amount of liquids removed from each leak detection system sump must be recorded
at least monthly. If the liquid level in the sump stays below the pump
operating level for two consecutive months, the amount of liquids in the sumps
must be recorded at least quarterly. If the liquid level in the sump stays
below the pump operating level for two consecutive quarters, the amount of
liquids in the sumps must be recorded at least semiannually. If at any time
during the postclosure care period the pump operating level is exceeded at
units on quarterly or semiannual recording schedules, the owner or operator
must return to monthly recording of amounts of liquids removed from each sump
until the liquid level again stays below the pump operating level for two
consecutive months.
(3) "Pump
operating level" is a liquid level proposed by the owner or operator and
approved by the commissioner based on pump activation level, sump dimensions,
and level that avoids backup into the drainage layer and minimizes head in the
sump.
Subp.
5a.
Response actions.
A. The owner or operator of landfill units
subject to subpart
3, item C or K, 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.
Surveying and record keeping.
The owner or operator of a landfill shall maintain the
following items in the operating record required under part
7045.0478:
A. on a map, the exact location and
dimensions, including depth, of each cell with respect to permanently surveyed
benchmarks; and
B. the contents of
each cell and the approximate location of each hazardous waste type within each
cell.
Subp. 7.
Closure and postclosure care.
Closure and postclosure care requirements are as
follows:
A. At final closure of the
landfill and upon closure of any cell, the owner or operator shall cover the
landfill or cell with a final cover designed and constructed to:
(1) provide long-term minimization of
migration of liquids through the closed landfill;
(2) function with minimum
maintenance;
(3) promote drainage
and minimize erosion or abrasion of the cover;
(4) accommodate settling and subsidence so
that the cover's integrity is maintained; and
(5) have a permeability less than or equal to
the permeability of any bottom liner system.
B. After final closure, the owner or operator
shall comply with all postclosure requirements contained in parts
7045.0488 to
7045.0494 including maintenance
and monitoring throughout the postclosure care period specified in the permit
under part
7045.0488. The owner or operator
shall:
(1) maintain the integrity and
effectiveness of the final cover, including making repairs to the cap as
necessary to correct the effects of settling, subsidence, erosion, or other
events;
(2) maintain and monitor
the leak detection system in accordance with subparts
3 and
4;
(3) continue to operate the leachate
collection and removal systems;
(4)
maintain and monitor the leak detection system in accordance with subparts
3, item C, subitems (3), unit
(d), and (4); and 5, item C, and comply with all other applicable leak
detection system requirements of parts
7045.0450 to
7045.0551 governing facility
standards;
(5) maintain and monitor
the groundwater monitoring systems and comply with all other applicable
requirements of part
7045.0484;
(6) prevent run-on and runoff from eroding or
otherwise damaging the final cover;
(7) protect and maintain surveyed benchmarks
used in complying with subpart
6; and
(8) survey the landfill at least annually to
determine any effects from settling, subsidence, erosion, or other
events.
C. During the
postclosure care period, if liquids are detected in a leak detection system,
the owner or operator shall:
(1) notify the
commissioner of that fact in writing within seven days after detecting the
liquids; and
(2) remove accumulated
liquids and begin to comply with the monitoring requirements of part
7045.0484, subpart
12, item E within a time
specified in the permit.
Subp. 8.
Special requirements for
ignitable or reactive waste.
Special requirements for ignitable or reactive waste are as
follows:
A. Except as provided in item
B and subpart
12, ignitable or reactive
waste must not be placed in a landfill, unless the waste and landfill meet all
applicable requirements of part
7045.1390, and 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.
B. Except for prohibited wastes which remain
subject to treatment standards in Code of Federal Regulations, title 40,
sections 268.40 to 268.42, as incorporated in part
7045.1390, ignitable wastes in
containers may be landfilled without meeting the requirements of item A,
provided that the wastes are disposed of in such a way that they are protected
from any material or conditions which may cause them to ignite. At a minimum,
ignitable wastes must be disposed of in nonleaking containers which are
carefully handled and placed so as to avoid heat, sparks, rupture, or any other
condition that might cause ignition of the wastes; must be covered daily with
soil or other noncombustible material to minimize the potential for ignition of
the wastes; and must not be disposed of in cells that contain or will contain
other wastes which may generate heat sufficient to cause ignition of the
waste.
Subp. 9.
Special requirements for incompatible wastes.
Incompatible wastes, or incompatible wastes and materials
must not be placed in the same landfill cell unless compliance with part
7045.0456, subpart
2 is maintained.
Subp. 10.
Special
requirements for liquid waste.
Special requirements for liquid waste are as follows:
A. The placement in any landfill of bulk or
noncontainerized liquid hazardous waste or waste containing free liquids,
whether or not sorbents have been added, is prohibited.
B. Containers holding free liquids must not
be placed in a landfill unless:
(1) all
free-standing liquid has been removed by decanting, or other methods; has been
mixed with sorbent or solidified so that freestanding liquid is no longer
observed; or has been otherwise eliminated;
(2) the container is very small, such as an
ampoule; or
(3) the container is a
laboratory pack as defined in subpart
12 and is disposed of in
accordance with subpart
12.
C. To demonstrate the absence or presence of
free liquids in either a containerized or a bulk waste, the following test must
be used: Method 9095 (Paint Filter Liquids Test) as described in "Test Methods
for Evaluating Solid Waste, Physical/Chemical Methods," EPA publication SW-846,
incorporated in part
7045.0065, item D.
D. Sorbents used to treat free liquids to be
disposed of in landfills must be nonbiodegradable. Nonbiodegradable sorbents
are materials listed or described in subitem (1) or materials that pass one of
the tests in subitem (2).
(1)
Nonbiodegradable sorbents:
(a) inorganic
minerals, other inorganic materials, and elemental carbon (for example,
aluminosilicates, clays, smectites, Fuller's earth, bentonite, calcium
bentonite, montmorillonite, calcined montmorillonite, kaolinite, micas
(illite), vermiculites, and zeolites; calcium carbonate (organic free
limestone); oxides/hydroxides, alumina, lime, silica (sand), and diatomaceous
earth; perlite (volcanic glass); expanded volcanic rock; volcanic ash; cement
kiln dust; fly ash; rice hull ash; and activated charcoal/activated
carbon);
(b) high molecular weight
synthetic polymers (for example, polyethylene, high density polyethylene
(HDPE), polypropylene, polystyrene, polyurethane, polyacrylate, polynorborene,
polyisobutylene, ground synthetic rubber, cross-linked allylstyrene, and
tertiary butyl copolymers). This does not include polymers derived from
biological material or polymers specifically designed to be degradable;
or
(c) mixtures of these
nonbiodegradable materials.
(2) Tests for nonbiodegradable sorbents must
use the following methods. The methods and tests in this subitem are
incorporated by reference, are not subject to frequent change, and are
available through the Minitex interlibrary loan system:
(a) the sorbent material is determined to be
nonbiodegradable under ASTM Method G21-70 (1984a), Standard Practice for
Determining Resistance of Synthetic Polymer Materials to Fungi;
(b) the sorbent material is determined to be
nonbiodegradable under ASTM Method G22-76 (1984b), Standard Practice for
Determining Resistance of Plastics to Bacteria; or
(c) the sorbent material is determined to be
nonbiodegradable under OECD test 301B: CO2 Evolution
(Modified Sturm Test).
Subp. 11.
Special requirements for
containers.
Unless they are very small, such as an ampule, containers
must be either:
A. at least 90 percent
full when placed in the landfill; or
B. crushed, shredded, or similarly reduced in
volume to the maximum practical extent before burial in the landfill.
Subp. 12.
Disposal of small
containers of hazardous waste in overpacked drums.
Small containers of hazardous waste in overpacked drums, or
laboratory packs, may be placed in a landfill if the requirements of items A to
F are met:
A. Hazardous waste must be
packaged in nonleaking inside containers. The inside containers must be of a
design and constructed of a material that will not react dangerously with, be
decomposed by, or be ignited by the contained waste. Inside containers must be
tightly and securely sealed. The inside containers must be of the size and type
authorized in the United States Department of Transportation hazardous
materials regulations under Code of Federal Regulations, title 49, parts 173,
178, 179, and 180, as amended, if those regulations specify a particular inside
container for the waste.
B. The
inside containers must be overpacked in a removable head metal shipping
container as specified in the United States Department of Transportation
regulations under Code of Federal Regulations, title 49, section
173.12 and parts
178, 179, and 180, as amended. The inside containers must be surrounded by, at
a minimum, a sufficient quantity of chemically compatible sorbent material,
determined to be nonbiodegradable in accordance with subpart
10, item D, to completely
sorb all of the liquid contents of the inside containers. The gross weight of
the complete package must not exceed 205 kilograms (452 pounds). The metal
outer container must be full after it has been packed with inside containers
and sorbent materials.
C. The
sorbent material used must not be capable of reacting dangerously with, being
decomposed by, or being ignited by the contents of the inside containers, in
accordance with part
7045.0456, subpart
2.
D. Incompatible wastes, as defined in part
7045.0020 must not be placed in
the same outside container.
E.
Reactive wastes, other than cyanide- or sulfide-bearing waste as defined in
part
7045.0131, subpart
5, item E, must be treated or
rendered nonreactive prior to packaging in accordance with items A to D.
Cyanide- and sulfide-bearing reactive waste may be packed in accordance with
item A to D without first being treated or rendered nonreactive.
F. The disposal is in compliance with part
7045.1390. Persons who incinerate
lab packs in accordance with Code of Federal Regulations, title 40, section
268.42, as incorporated in part
7045.1390, may use fiber drums in
place of metal outer containers. The fiber drums must meet United States
Department of Transportation specifications in Code of Federal Regulations,
title 49, section
173.12, as amended,
and be overpacked in accordance with item B.
Subp. 13.
Special requirements for
hazardous wastes F020, F021, F022, F023, F026, F027, and F028.
The following requirements apply to the hazardous wastes
indicated:
A. Hazardous wastes F020,
F021, F022, F023, F026, and F027 listed under part
7045.0135, subpart 1a, item B,
must not be placed in a landfill.
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 managed at landfills unless the owner or operator operates the
landfill 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
the additional requirements are necessary for landfills used to dispose of
hazardous waste F028 and treatment residues and soil 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