Current through September 24, 2024
A. Applicability
(1) Except as specifically excluded, the
requirements of this rule shall apply to all solid waste management facilities
including landfills, rubbish sites, processing facilities, land application
sites, composting facilities, waste incinerators, and transfer stations, as
specified in this regulation.
(2)
The requirements of paragraphs B, L, and X do not apply to:
(a) composting facilities which receive less
than 5 tons per day of only natural vegetation, such as yard waste, tree limbs,
etc.
(b) rubbish sites, processing
facilities, and transfer stations, any of which receive only Class II rubbish
materials (as described in Rule 1.6.C of these regulations).
(3) The requirements of paragraphs
P through U and paragraphs W through Y of this rule do not apply to solid waste
management facilities which dispose only of industrial solid waste, where such
facilities are located on the same industrial property on which the wastes are
generated, unless the Permit Board, or where appropriate, the Permit Board's
designee determines that such criteria should be applicable (such as property
line setbacks).
(4) The distances
specified in this section shall be measured from the edge of the active
disposal, processing, composting, transfer or storage area.
(5) Any structure or area described in
paragraph I, J, P, R, S, U and X of this rule (e.g., a park, dwelling, etc.)
shall not be considered applicable in the siting of a new solid waste
management facility if the structure or area was designated by the applicable
governmental body or was established after the site disclosure date. The site
disclosure date shall be the date upon which an application for a permit or
other authorization is submitted to the Department, unless the applicant
chooses to notify the Department and the public at an earlier date, in which
case the site disclosure date shall be the completion of such notification as
follows:
(a) the submittal of a notice to the
Department containing the following information:
(1) the name, address, telephone number, and
contact person of the applicant;
(2) a description of the type of proposed
operation (i.e., landfill, land application site, etc.);
(3) an exact location and approximate size of
the proposed facility; and
(4)
where the applicant is a public agency, such as a county, municipality, or a
regional authority, a copy of a duly adopted resolution stating the desire of
the applicant to pursue a permit or other authorization for the operation of a
solid waste management facility at the site described in paragraph A.5.a.(3) of
this rule; and
(b)
public notification of the information listed in paragraph A.5.a. of this rule
shall consist of a prominent notice in at least one daily or weekly newspaper
of general circulation within the area of the proposed facility. The notice
shall be no less than four inches by seven inches in size and shall not be
placed in that portion where legal notices and classified advertisements
appear.
(c) if notification is
accomplished as described in paragraph A.5.a. and A.5.b. of this rule, an
application for a permit or other authorization must be submitted no later than
one year after completion of notification for this exclusion to
apply.
(6) For new
facilities that are adjacent to and part of an existing facility, the Permit
Board, or where appropriate, the Permit Board's designee may, on a site
specific basis, designate a smaller setback distance to any structure or area
described in paragraphs I, J, P, R, S, U and X of this rule (e.g., a park,
dwelling, etc.) if the following are met:
(a)
before April 1, 1991, the applicant obtained ownership or control of the
property upon which the new facility is proposed, through an option to purchase
or similar instruments vesting rights in the real property;
(b) the applicant has demonstrated that a
smaller setback distance would not present an unreasonable risk to the
environment and to the health, safety, and welfare of the public; and
(c) the facility is consistent with the
approved local solid waste management plan.
The provisions of this paragraph shall be applicable only in
cases where paragraph A.5 of this rule does not apply.
B. Airport Safety
(1) Owners of existing landfills and lateral
expansions, outdoor processing facilities, and outdoor composting facilities
which (1) accept waste on or after the effective date of these regulations, (2)
accept waste likely to attract birds, and (3) are located within 10,000 feet of
any airport runway end used by turbojet aircraft or within 5,000 feet of any
airport runway end used only by piston-type aircraft, must demonstrate to the
Department that the facility is designed and operated so that it does not pose
a bird hazard to aircraft.
(2) No
new landfill, new outdoor processing facility, or new outdoor composting
facility, which will accept waste likely to attract birds, shall be located
within 10,000 feet of any airport runway end unless the state aeronautical
agency states that the airport does not routinely serve turbojet
aircraft.
(3) No new landfill, new
outdoor processing facility, or new outdoor composting facility, or lateral
expansion of any such existing facilities, which will accept waste likely to
attract birds, shall be located less than 5,000 feet from an airport runway
end.
(4) The restrictions described
in paragraph B.2 and B.3 of this rule are not applicable if the owner can
demonstrate in writing the following:
(a) the
facility will be designed and operated so that it does not pose a bird hazard
to aircraft, and
(b) the airport is
not being routinely utilized for scheduled commercial passenger
services.
(5) Any person
proposing to locate a new MSWLF or implement a lateral expansion within a
five-mile radius of any airport runway end used by turbojet or piston-type
aircraft must notify the affected airport and the Federal Aviation
Administration (FAA).
(6) Any
person proposing to locate a new MSWLF within 6 miles of a public airport as
described in 49 U.S.C. § 44718(d) as amended in Section 503 of the Wendell
H. Ford Aviation Investment and Reform Act for the
21st Century,
Pub. L. No.
106-181 (April 5, 2000) "Structures interfering
with air commerce" must demonstrate compliance with the site limitations of
said Act.
(7) The specific
requirements of this rule are not applicable to airports such as agricultural
runways or other airstrips not open to the public. However, the Permit Board
may establish a buffer zone between any such airstrip and a new landfill as
deemed necessary.
C.
Floodplains
Owners of new solid waste management facilities and lateral
expansions, and owners of existing landfills and land application sites that
accept waste on or after the effective date of these regulations, which are
located within the 100-year floodplain, must demonstrate to the Department in
writing that the facility will not restrict the flow of the 100-year flood,
reduce the temporary water storage capacity of the floodplain, or result in
washout of solid waste so as to pose a hazard to human health or the
environment.
D. Wetlands
(1) New solid waste management facilities and
lateral expansions shall not be located in wetlands, unless the applicant
obtains approval as required by federal law from the U.S. Army Corps of
Engineers or from the U.S. Department of Agriculture, Natural Resource
Conservation Commission, where agricultural lands are involved.
(2) New solid waste management facilities and
lateral expansions shall not be located in coastal wetlands unless the
applicant obtains approval as required by state law from the Bureau of Marine
Resources of the Mississippi Department of Wildlife, Fisheries, and
Parks.
(3) The owner must
demonstrate compliance with paragraphs D.1 and D.2 of this rule by placing a
copy of the permit in the operating record and must notify the Department in
writing that it has been placed in the operating record.
E. Fault Areas
MSWLF units and lateral expansions of any existing MSWLF
units shall not be located within 200 feet (60 meters) of a fault that has had
displacement in Holocene time unless the applicant demonstrates to the
Department that an alternative setback distance of less than 200 feet (60
meters) will not result in damage to the structural integrity of the landfill
and will be protective of human health and the environment.
F. Seismic Impact Zones
MSWLF units and lateral expansions of any existing MSWLF
units shall not be located in seismic impact zones, unless the applicant
demonstrates to the Department that all containment structures, including
liners, leachate collection systems, and surface water control systems, are
designed to resist the maximum horizontal acceleration in lithified earth
material for the site.
G.
Unstable Areas
Owners of new MSWLF units, existing MSWLF units, lateral
expansions of existing MSWLF units and new rubbish sites, which are located in
an unstable area, must demonstrate to the Department that engineering measures
have been incorporated into the landfill or rubbish site design to ensure that
the integrity of the structural components of the facility will not be
disrupted. The owner must consider the following factors, at a minimum, when
determining whether an area is unstable:
(1) on-site or local soil conditions that may
result in significant differential settling;
(2) on-site or local geologic or
geomorphologic features; and
(3)
on-site or local human-made features or events (both surface and
subsurface).
H.
Hydrocarbon Wells and Water Wells
No new landfill, new rubbish site, new land application site,
or lateral expansion of any such existing facilities, shall be located such
that an active or inactive hydrocarbon well or an active or inactive water well
would be present beneath the actual disposal area, unless the applicant
demonstrates, to the satisfaction of the Department, that the well has been
adequately plugged.
I.
Public Water Supplies
(1) No new landfill or
new land application site shall be located within 0.5 mile of a public water
supply intake structure in a surface water body. If the runoff from the
facility would enter the water body upgradient of the intake structure, this
distance shall be increased to at least ten (10) miles. The Permit Board, or
where appropriate, the Permit Board's designee may establish a greater distance
based upon the nature of the surface water supply.
(2) No new landfill or new land application
site shall be located within 1000 feet of any existing public water supply
well. This distance shall be increased to 0.5 mile if the proposed facility is
hydraulically upgradient of any existing public water supply well.
(3) Any new landfill or land application site
proposed for location within a designated local wellhead protection area must
comply with any duly adopted ordinances or regulations established pursuant to
an approved Wellhead Protection Program.
J. Surface Water
(1) No new landfill or new land application
site shall be located within 0.5 mile of the banks of any section of a river,
stream, lake or reservoir, or coastal water classified by the Commission as
recreational or shellfish harvesting.
(2) No new landfill, new land application
site, new outdoor processing facility, or new outdoor composting facility shall
be located within 250 feet of the banks of any river, stream, lake or
reservoir, or coastal water.
(3) No
new outdoor solid waste management facility shall be located within 100 feet of
the banks of any river, stream, lake or reservoir, or coastal water.
K. Surface Water Drainage Areas
No new solid waste management facility shall be located in an
area which may result in recurring washout of waste, such as in a surface water
drainage channel.
L.
Natural Geology
(1) New landfills shall be
located where there are adequate naturally occurring geological materials
present of low permeability to act as a buffer between the base of the landfill
liner and the top of the uppermost aquifer. Such materials shall generally
consist of clays, silty clays, clayey silts, or other soils which have an
average hydraulic conductivity of 1 x 10-6 cm/sec or
less. The thickness, or depth, of these materials shall extend to at least five
feet immediately beneath the base of the landfill liner.
(2) Existing landfills which accepted waste
on or after the effective date shall be located in an area as described in
paragraph L.1. of this rule unless:
(a) all
unused disposal areas of the landfill as of the effective date of these
regulations which will receive waste on or after that date, are constructed
with a liner according to state requirements; and
(b) the naturally occurring geological
materials present below the disposal area generally consist of clays, silty
clays, clayey silts, or other soils which are of low permeability.
(3) New rubbish sites, new
composting facilities subject to Rule 1.9.C of these regulations, any such
existing rubbish sites and composting facilities receiving waste on or after
April 9, 1994, shall be located in a site in which the top of the uppermost
aquifer is at least five feet below the base of the liner. The liner shall
consist of either of the following:
(a)
adequate naturally occurring geological materials present immediately below the
disposal or composting area and on all sidewalls. Such materials shall
generally consist of clays, silty clays, clayey silts, or other soils, which
are of low permeability. The thickness, or depth, of these materials should
extend to at least five feet below the disposal or composting area, and for
sites having sidewalls, at least three feet laterally; or
(b) a constructed or alternate liner, as
approved by the Department.
M. Air Quality. No new solid waste
incinerator shall be sited in an area which conflicts with state law and/or
regulations.
N. Endangered or
Threatened Species. No new solid waste management facility shall be located
within an area which may affect:
(1) a
federally listed endangered or threatened species, unless in compliance with
all statutes, rules, and regulations within the jurisdiction of the U.S. Fish
and Wildlife Service, or
(2) a
state listed endangered or threatened species, unless in compliance with all
statutes, rules, and regulations within the jurisdiction of the Mississippi
Department of Wildlife, Fisheries, and Parks.
O. Historical and Archaeological Areas. No
new solid waste management facility shall be located in such a manner as to
significantly and adversely impact the cultural resources listed in, or
eligible for listing in, the National Register of Historic Places, unless such
impact to those cultural resources may be appropriately mitigated.
P. Parks and Recreational Areas
(1) No new landfill, new rubbish site, new
outdoor processing facility, new outdoor composting facility, new land
application site receiving putrescible waste or new commercial waste
incinerator shall be located within 0.5 mile of any of the following areas,
without the specific written consent of the person responsible for managing
such area:
(a) a national, state, county, or
city designated park; or
(b) an
outdoor recreational area, such as a golf course or swimming pool, owned by a
city, county, or other public agency.
(2) A greater setback distance may be
established by the Permit Board, or where appropriate, the Permit Board's
designee on a site specific basis.
Q. Forests, Wilderness Areas, Wildlife
Management Areas, and Natural Areas
(1) No new
landfill, new rubbish site, new outdoor processing facility, new outdoor
composting facility, new land application site receiving putrescible waste, or
new commercial waste incinerator shall be located within any of the following
areas, without the specific written consent of the person responsible for
managing such area:
(a) national forest land,
national wilderness area, and national wildlife refuge areas, as designated by
the appropriate federal agency; or
(b) state wildlife management areas, state
game management areas, and state natural areas, as designated by the
Mississippi Department of Wildlife, Fisheries and Parks.
(2) A setback distance may be established by
the Permit Board, or where appropriate, the Permit Board's designee on a site
specific basis.
R.
Structures. No new landfill, new land application site receiving putrescible
waste, new outdoor processing facility, or new outdoor composting facility
receiving putrescible waste shall be located within 0.5 mile of any licensed
school, licensed day-care center, licensed hospital, or licensed nursing home,
or within 1000 feet of any church. The Permit Board, or where appropriate, the
Permit Board's designee may allow a smaller setback distance if a written
agreement is obtained from the owner or appropriate representative stating that
a smaller setback is acceptable.
S.
Residential Areas
(1) No new landfill or new
land application site receiving putrescible waste shall be located within one
mile of a residential area, unless the proposed facility would be located in an
established industrial park, in which case the facility shall not be located
less than 1000 feet from any residential area.
(2) For purposes of this rule, "residential
area" means:
(a) a group of 20 or more single
family dwelling units on contiguous property and having an average density of
two or more units per acre; or
(b)
a group of 40 or more single family dwelling units on contiguous property and
having an average density of one or more units per acre; or
(c) a subdivision containing at least 20
constructed houses, in which the subdivision plat is recorded in the chancery
clerk's office of the appropriate county.
T. Property Line Setbacks (Buffer Zones)
(1) All new solid waste management facilities
shall be designed to comply with setback distances between the edge of the
actual disposal, processing, composting, transfer or storage area and the
property line as follows:
(a) For transfer and
processing facilities, except such outdoor facilities, the setback shall be at
least 50 feet.
(b) For outdoor
transfer stations, outdoor processing facilities, composting facilities, and
land application sites, the setback shall be at least 200 feet, except where
adequate on-site screening, whether natural or artificial, will restrict the
offsite view of the facility, in which case the setback shall be no less than
100 feet.
(c) For rubbish sites the
setback shall be at least 200 feet, except where adequate on-site screening,
whether natural or artificial, will restrict the offsite view of the facility,
in which case the setback shall be no less than 150 feet.
(d) For landfills, the setback shall be at
least 500 feet, except where adequate on-site screening, whether natural or
artificial, will restrict the offsite view of the landfill, in which case the
setback shall be no less than 250 feet.
(2) The Permit Board, or where appropriate,
the Permit Board's designee will consider requests for a smaller property
setback distance upon the applicant's submittal of sufficient proof that
affected property owners within the subject buffer zone have had timely and
sufficient notice of the proposed facility. Any comments received as a result
of such notice shall be considered prior to action upon any request for a
decrease in the buffer zone requirements of paragraph T.1 of this
rule.
(3) Existing facilities shall
comply with the property setback distances that were approved at the time the
site was permitted or authorized.
U. Aesthetics and Visibility. New landfills
and new rubbish sites shall be located such that the actual disposal area is at
least 1000 feet from the edge of the right-of-way of any interstate or primary
highway, as designated by the Mississippi State Highway Commission, except the
following:
(1) those which will be screened by
natural objects, planting, fences, or other appropriate means so as not to be
visible from the main-traveled highway system, or otherwise removed from
sight;
(2) those which are located
within areas which are zoned for industrial use under authority of
law;
(3) those which will be
located within unzoned industrial areas, as determined by the Mississippi State
Highway Department; or
(4) those
which will not be visible from the main-traveled highway system.
V. Local Government
Regulations/Solid Waste Management Plans. New solid waste management facilities
shall be located such that, on the date an application is submitted to the
Department, the site does not conflict with regulations or ordinances of local
governments, and is consistent with the state approved local or regional
nonhazardous solid waste management plan.
W. Transportation Factors. Owners of new
commercial landfills must demonstrate to the Permit Board that the anticipated
additional traffic along the primary route to the facility will not
significantly increase the safety risk within a five (5) mile radius of the
disposal area of the facility. At a minimum, the demonstration shall address
the following factors:
(1) the primary
route(s) that the applicant expects will be used for the transportation of
waste to the facility within a five (5) mile radius of the disposal
area;
(2) an estimate of the number
and types of vehicles routinely traveling on the primary route(s) within said
five (5) mile radius;
(3) an
estimate of the number and types of vehicles expected by the applicant to
transport waste to the facility via the primary route(s) within said five (5)
mile radius;
(4) an estimate of the
loaded weight of each type of vehicle expected to transport waste to the
facility via the primary route(s) within the five (5) mile radius;
and
(5) proximity to waste
generators.
The Permit Board may require such reasonable restrictions and
limitation as it deems appropriate regarding the primary transportation
route(s) to the facility if it determines that the primary route(s) of
transportation to the facility by waste hauling vehicles would significantly
increase the safety risks within the five (5) mile radius.
X. Noise Factors. To attenuate for
noise, no new landfill or new outdoor processing facility shall be located
closer than 1500 feet of a single family dwelling unit, and no new rubbish
site, new indoor processing facility, or lateral expansions of any such
facilities shall be located closer than 500 feet of a single family dwelling
unit unless:
(1) the owner of such dwelling
provides written consent to a smaller distance; or
(2) the applicant can demonstrate that the
facility will be located, configured, designed, constructed, and operated such
that the noise level at the neighboring dwelling, caused by the normal waste
management operations of the facility, but not by vehicular movement into or
out of the facility, will not exceed an eight-hour time weighted average (TWA)
of 65 decibels between the hours of 7 a.m. and 7 p.m., and an eight-hour TWA of
55 decibels between 7 p.m. and 7 a.m.
The Department may require a greater distance, or may require
noise abatement measures, if it determines that the noise level at a
neighboring dwelling, caused by the normal waste management operations of the
facility, but not by vehicular movement into or out of the facility, will
exceed an eight-hour TWA of 65 decibels between the hours of 7 a.m. and 7 p.m.,
or an eight-hour TWA of 55 decibels between 7 p.m. and 7 a.m.
Y. Existing Facility
Demonstrations
(1) By the effective date of
these regulations, owners of existing MSWLF units, which accept waste after
that date, must demonstrate to the satisfaction of the Department, compliance
with or non-applicability of the requirements of paragraphs B., C., G. and L.
of this rule. The Department may establish a closure schedule for facilities
failing to satisfy this demonstration. In no event shall facilities which fail
to satisfy this demonstration remain in operation after October 9,
1996.
(2) By April 9, 1994, owners
of all existing land application sites, rubbish sites, processing facilities,
composting facilities, and existing landfills other than MSWLF units which
accept waste on or after that date, must demonstrate to the satisfaction of the
Department, compliance or non-applicability with the requirements of paragraphs
B, C, and L of this rule. The Department may establish a closure schedule for
facilities failing to meet this demonstration.
Z. Recordkeeping. Documentation of compliance
or non-applicability of the requirements of this rule shall be retained by the
owner at the facility or at another approved site until otherwise directed by
the Department, but in no case shall records be required to be retained longer
than 5 years after the completion of any applicable closure and post-closure
requirements. Such documentation shall be made available to the Department upon
request.
Miss. Code Ann.
§§
17-17-1,
et seq., 17-17-201, et seq., 17-17-501, et seq., 49-2-9(1)(b), 49-17-17(i),
21-27-201, et seq., 49-2-1, et seq. and 49-17-1, et
seq.
