Current through Register Vol. 49, No. 13, September 23, 2024
Subpart 1.
Scope.
This part applies to owners and operators of hazardous waste
land treatment facilities, except as part
7045.0552 provides
otherwise.
Subp. 2.
General operating requirements.
Hazardous waste must not be placed in or on a land treatment
facility unless the waste can be made less hazardous or nonhazardous by
biological degradation or chemical reactions occurring in or on the
soil.
The owner or operator shall design, construct, operate, and
maintain a run-on control system capable of preventing flow onto the active
portions of the facility during peak discharge from at least a 25-year
storm.
The owner or operator shall design, construct, operate, and
maintain a run-off management system capable of collecting and controlling a
water volume at least equivalent to a 24-hour, 25-year storm.
Collection and holding facilities, such as tanks or basins,
associated with run-on and run-off control systems must be emptied or otherwise
managed expeditiously after storms to maintain design capacity of the
system.
If the treatment zone contains particulate matter which may
be subject to wind dispersal, the owner or operator shall manage the unit to
control wind dispersal.
Subp.
3.
Waste analysis.
In addition to the waste analyses required by part
7045.0564 before placing a
hazardous waste in or on a land treatment facility, the owner or operator
shall:
A. determine the concentrations
in the waste of any substances which equal or exceed the maximum concentrations
contained in part
7045.0131, subpart
8, that cause a waste to
exhibit the toxicity characteristic;
B. for any waste listed in part
7045.0135, determine the
concentrations of any substances which caused the waste to be listed as a
hazardous waste; and
C. if food
chain crops are grown, determine the concentrations in the waste of each of the
following constituents: arsenic, cadmium, lead, and mercury, unless the owner
or operator has written, documented data that show that the constituent is not
present.
As required by part
7045.0564, the waste analysis plan
must include analyses needed to comply with subparts
7 and
8. As required by part
7045.0584, the owner or operator
shall place the results from each waste analysis, or the documented
information, in the operating record of the facility.
Subp. 4.
Unsaturated zone or
zone of aeration monitoring.
Requirements for unsaturated zone or zone of aeration
monitoring are as follows:
A. The
owner or operator shall have in writing, and shall implement, an unsaturated
zone monitoring plan which is designed to:
(1) detect the vertical migration of
hazardous waste and hazardous waste constituents under the active portion of
the land treatment facility; and
(2) provide information on the background
concentrations of the hazardous waste and hazardous waste constituents in
similar but untreated soils nearby. This background monitoring must be
conducted before or in conjunction with the monitoring required to detect the
vertical migration.
B.
The unsaturated zone monitoring plan must include soil monitoring using soil
cores, and soil-pore water monitoring using devices such as
lysimeters.
C. To comply with item
A, subitem (1), the owner or operator shall demonstrate in the unsaturated zone
monitoring plan that:
(1) the depth at which
soil and soil-pore water samples are to be taken is below the depth to which
the waste is incorporated into the soil;
(2) the number of soil and soil-pore water
samples to be taken is based on the variability of the hazardous waste
constituents as identified in subpart
3, items A and B in the waste
and in the soil and the soil types; and
(3) the frequency and timing of soil and
soil-pore water sampling is based on the frequency, time, and rate of waste
application, proximity to ground water, and soil permeability.
D. The owner or operator shall
keep the unsaturated zone monitoring plan, and the rationale used in developing
this plan at the facility.
E. The
owner or operator shall analyze the soil and soil-pore water samples for the
hazardous waste constituents that were found in the waste during the waste
analysis under subpart
3, items A and B.
As required by part
7045.0584, all data and
information developed by the owner or operator under this part must be placed
in the operating record of the facility.
Subp. 5.
Record keeping.
The owner or operator of a land treatment facility shall
include hazardous waste application dates and rates in the operating record
required in part
7045.0584.
Subp. 6.
Closure and
postclosure.
Closure and postclosure requirements are as follows:
A. In the closure plan under part
7045.0594 and the postclosure plan
under part
7045.0600, the owner and operator
shall address the following objectives and indicate how they will be achieved:
(1) control of the migration of hazardous
waste and hazardous waste constituents from the treated area into the ground
water;
(2) control of the release
of contaminated run-off from the facility into surface water;
(3) control of the release of airborne
particulate contaminants caused by wind erosion; and
(4) compliance with part
7045.0636 concerning the growth of
food chain crops.
B. The
owner or operator shall consider at least the following factors in addressing
the closure and postclosure care objectives of item A:
(1) type and amount of hazardous waste and
hazardous waste constituents applied to the land treatment facility;
(2) the mobility and the expected rate of
migration of the hazardous waste and hazardous waste constituents;
(3) site location, topography, and
surrounding land use, with respect to the potential effects of pollutant
migration including at a minimum the proximity to ground water, surface water,
and drinking water sources;
(4)
climate, including amount, frequency, and pH of precipitation;
(5) geological and soil profiles and surface
and subsurface hydrology of the site, and soil characteristics, including
cation exchange capacity, total organic carbon, and pH;
(6) unsaturated zone monitoring information
obtained under; and
(7) type,
concentration, and depth of migration of hazardous waste constituents in the
soil as compared to their background concentrations.
C. The owner or operator shall consider at
least the following methods in addressing the closure and postclosure care
objectives of item A:
(1) removal of
contaminated soils;
(2) placement
of a final cover, considering the functions of the cover including infiltration
control, erosion and run-off control and wind erosion control, and
characteristics of the cover, including material, final surface contours,
thickness, porosity and permeability, slope, length of run of slope, and type
of vegetation on the cover; and
(3)
monitoring of ground water.
D. In addition to the requirements of parts
7045.0594 to
7045.0606, during the closure
period, the owner or operator of a land treatment facility shall:
(1) continue unsaturated zone monitoring in a
manner and frequency specified in the closure plan, except that soil pore
liquid monitoring may be terminated 90 days after the last application of waste
to the treatment zone;
(2) maintain
the run-on control system required under subpart
2;
(3) maintain the run-off management system
required under subpart
2; and
(4) control wind dispersal of particulate
matter which may be subject to wind dispersal.
E. For the purpose of complying with part
7045.0596, subpart
4, when closure is completed
the owner or operator may submit to the commissioner certification both by the
owner or operator and by an independent qualified soil scientist, in lieu of an
independent registered professional engineer, that the facility has been closed
in accordance with the specifications in the approved closure plan.
F. In addition to the requirements of part
7045.0602, during the postclosure
care period, the owner or operator of a land treatment facility shall:
(1) continue soil-core monitoring by
collecting and analyzing samples in a manner and frequency specified in the
postclosure plan;
(2) restrict
access to the facility as appropriate for its postclosure use;
(3) assure that growth of food chain crops
complies with part
7045.0636; and
(4) control wind dispersal of hazardous
waste.
Subp.
7.
Special requirements for ignitable or reactive
waste.
Ignitable or reactive wastes must not be land treated, unless
the waste and treatment zone meet all applicable requirements of part
7045.1390, and the waste is
immediately incorporated into the soil so that the resulting waste, mixture, or
dissolution of material no longer meets the definition of ignitable or reactive
waste under parts
7045.0131, subpart
2 or
5; and 7045.0562, subpart
2 is complied with.
Subp. 8.
Special
requirements for incompatible wastes.
Incompatible wastes, or incompatible wastes and materials,
must not be placed in the same land treatment area, unless part
7045.0562, subpart
2, is complied with.
