Mississippi Administrative Code
Title 11 - Mississippi Department of Environmental Quality
Part 4 - Nonhazardous Solid Waste Management Regulations
Chapter 1 - Mississippi Commission on Environmental Quality Regulation Regarding Nonhazardous Solid Waste Management Regulations
Rule 11-4-1.6 - Rubbish Site Requirements

Universal Citation: MS Code of Rules 11-4-1.6

Current through September 24, 2024

A.

(1) An individual permit or a certificate of coverage under a general permit is required for the operation of a rubbish site. The individual permit or certificate of coverage must be issued prior to the receipt of any waste at the site.

(2) An applicant for a new rubbish site shall complete an application for coverage under any applicable general permit or an application for an individual permit on forms provided by the Department. Such submittal shall demonstrate that the facility will comply with all applicable requirements of Rules 1.2, 1.3 and 1.6 of these regulations and the terms and conditions of a general permit or an individual permit.

(3) Owners of existing rubbish sites, which have been issued an individual permit, may request that their permit be revoked and that they be issued a certificate of coverage under any applicable general permit. Likewise, owners of existing rubbish sites, which have previously issued a certificate of coverage under a general permit, may request that their certificate of coverage be revoked and that they be issued an individual permit.

B. A Class I Rubbish Site may receive the following wastes for disposal:

(1) construction and demolition debris, such as wood, metal, etc.

(2) brick, mortar, concrete, stone, and asphalt

(3) cardboard boxes

(4) natural vegetation, such as tree limbs, stumps, and leaves.

(5) appliances (other than refrigerators and air conditioners) which have had the motor removed

(6) furniture

(7) plastic, glass, crockery, and metal, except containers

(8) sawdust, wood shavings, and wood chips

(9) other similar wastes specifically approved by the Department.

C. A Class II Rubbish Site may receive the following wastes for disposal:

(1) natural vegetation, such as tree limbs, stumps, and leaves

(2) brick, mortar, concrete, stone, and asphalt

(3) other similar rubbish specifically approved by the Department.

D. The following wastes shall be prohibited from disposal at all rubbish sites:

(1) any acceptable waste which has been contaminated by a pollutant, such as a food or chemical, unless it can be demonstrated to the satisfaction of the Department that such waste has no adverse effect on the environment.

(2) household garbage and other food and drink waste

(3) liquids, sludges, and contaminated soils

(4) paint, paint buckets, oil containers and chemical containers

(5) engines, motors, whole tires, and all types of batteries

(6) toxic or hazardous waste

(7) regulated asbestos and asbestos containing material originating from a facility, as defined by the National Emission Standards for Hazardous Air Pollutants ( 40 CFR 61, Subpart M)

(8) medical waste

(9) bulk fabric and paper loads, refrigerators, air conditioners, cut or shredded tires, and any metal, glass, plastic, or paper container, unless specifically approved by the Department. The Department shall consider the characteristics of the waste, the operating plan of the site, and other site specific conditions in determining the acceptability of any such waste

(10) other waste which are specifically determined by the Department to have an adverse effect on the environment.

E. Class I and Class II Rubbish Sites shall be operated in accordance with the following requirements:

(1) Prior to the disposal of any solid waste, all borings drilled on site in preparation of the permit application, which will not be converted to monitoring or supply wells, shall be properly sealed in accordance with the requirements of the Office of Land and Water Resources.

(2) Adequate security and monitoring shall be established and maintained to prevent uncontrolled access and disposal. An attendant shall be on duty at any time access to the site is unsecured.

(3) Disposal of waste shall be limited to wastes described in applicable paragraph B. or C. of this rule.

(4) Disposal activity shall be restricted to the area defined in the approved application. The disposal area boundaries shall be located and clearly marked by a land surveyor licensed by the State of Mississippi. At a minimum, the corners of the disposal area shall be marked. The markers shall be a minimum, 3-foot high concrete posts, metal pipes, weather resistant wood posts or other suitable markers approved by the Department. The markers shall be placed in the ground to a sufficient depth to facilitate permanence and shall be maintained by the owner. Markers that become damaged shall be promptly re-established by the owner with the assistance of a licensed land surveyor, where necessary.

(5) Prior to the unloading and disposal of each waste load, the facility operator or a designated, trained spotter shall visually inspect each waste load and remove any unauthorized wastes from the load. Incoming waste loads that contain significant amounts of unauthorized wastes shall be refused disposal at the facility. Incidental amounts of unauthorized wastes identified after waste unloading shall be immediately removed from the disposal area. All unauthorized wastes removed from incoming loads and/or the disposal area shall be collected and properly disposed at an authorized disposal facility.

(6) a liner must be constructed at a facility, in whole or in part, as specified in the approved application, at least two weeks prior to disposal in the area, a construction quality assurance report shall be submitted to the Department. The report shall contain a certification from an independent professional engineer registered in Mississippi that the construction of the area was performed in accordance with the plans as stated in the approved application. Construction of the liner may be accomplished at one time with one certification, or in stages, each with a separate certification, as stated in the approved application.

(7) A periodic cover consisting of a minimum of six inches of earthen material shall be applied to the wastes at least every two weeks. The Department may alter the frequency of cover depending upon the amount or type of wastes received, the location of the site, and other conditions.

(8) Rubbish shall be managed so that it shall not become windblown or attract vectors.

(9) Windblown and scattered litter and debris shall be collected from around the entire facility at the end of every operating day and returned to the active working area for proper disposal.

(10) Open burning of solid waste, except for land clearing debris generated on the site of the facility, shall be prohibited. Open burning of land clearing debris shall be conducted in accordance with Title 11, Part 2, Chapter 1, Rule 1.3.G. of the "Air Emission Regulations for the Prevention, Abatement, and Control of Air Contaminants." (Title 11, Part 2, Chapter 1).

(11) An adequate supply of water under pressure at the site or an adequate stockpile of earthen material reasonably close to the disposal area shall be provided, or there shall be a nearby, organized Fire Department providing service when called. The Department may approve alternate methods of fire protection or waive this requirement when there is no need for fire protection. Should an accidental fire occur, the owner shall immediately take action to extinguish the fire and shall notify the Department by the close of the Department's next business day.

(12) Rubbish shall not be disposed in standing water nor in any manner that may result in washout of waste. Furthermore, the active disposal area shall not be located or constructed in a manner that causes or allows wastes to come into contact with the seasonal high water table.

(13) A rubbish site shall be developed and contoured to direct run-on and/or runoff away from the active disposal area and to prevent ponding of water in and over areas of waste disposal.

(14) Unloading and disposal of rubbish shall be controlled by the owner and shall be confined to as small an area as practical.

(15) Each commercial class I rubbish site must be operated by a person who holds a current certificate of competency issued by the Commission in accordance with Rule 8.3.(B) of the Regulations for the Certification of Operators of Solid Waste Disposal Facilities. Such person must have direct supervision over and be personally responsible for the daily operation and maintenance of the rubbish site.

In the event of the temporary loss of a certified operator due to illness, death, discharge, or other legitimate cause, written notice shall be given to the Department within 7 days. Continued operation of such system without a certified operator may proceed on an interim basis for a period not to exceed 180 days, except for good cause shown upon petition to the Commission.

(16) The owner of a rubbish site must keep an accurate written daily record of deliveries of solid waste to the facility including but not limited to: the name of the hauler, the source of the waste, the types of waste received and the weight of solid waste measured in tons received at the facility. For those facilities that do not have access to weight scales, the weight should be converted to tons from cubic yards using conversion factors as developed or approved by the Department. A copy of these records must be maintained by the owner at the rubbish site or at another site approved by the Department. The records shall be made available to the Department for inspection, upon request.

(17) The owner of a rubbish site shall submit an annual report to the Department each year no later than February 28th, to include information regarding the facility for the preceding calendar year. At a minimum, the report shall contain the following:
(a) the total amount of waste received during the calendar year, in units of tons, and the source of wastes listed by county of origin with a clear indication of wastes originating from out-of-state counties.

(b) estimated remaining capacity at the facility, in terms of acreage, or cubic yards, and years remaining; and

(c) if the owner of the facility or the contract operator of the facility is a private concern, an updated disclosure statement. If all information from the previously submitted disclosure statement is unchanged, a letter stating such may be included in lieu of an updated disclosure statement.

(18) Within 30 days of completing an area, at least two feet of a low permeable earthen cover shall be applied as final cover. Following soil placement, suitable vegetation shall be promptly established and maintained. Any erosion occurring on completed areas shall be promptly repaired. Any area containing waste materials, which has not received waste in the past twelve (12) months, shall be covered in accordance with this paragraph.

(19) The final cover gradient on a rubbish site shall be a minimum of four percent (4%) and a maximum of twenty-five percent (25%), unless otherwise approved by the Department.

(20) The owner shall notify the Department within 14 days upon final closure of the site.

(21) The owner shall comply with any additional requirements included in the permit.

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.

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