003.01 Be protective of human
health and the environment;
003.02
Not result in pollution of the waters of the state; and
003.03 In the case of a new solid waste
disposal area or a lateral expansion of an existing solid waste disposal area,
the construction and design plans shall include the following:
003.03A A description of the sequence of
earth materials at the proposed facility to a depth sufficient to assure the
reliability of the facility design;
003.03B A schedule of construction and a
construction quality assurance plan as described in
003.04C;
003.03C Data obtained from soil samples taken
from the proposed facility site which describe the soil classification, grain
size distribution, permeability, compatibility, and ion-exchange properties of
the subsurface materials for those strata which are essential to the design of
the facility; and
003.03D If
exploration holes are drilled to obtain data, information showing the manner of
plugging and sealing such holes.
003.04 The construction and design plans for
a new or a lateral expansion of an existing solid waste disposal area shall
also include the following documentation. Land application units for repeated
disposal or treatment of special wastes shall be exempt from the following
requirements of this section.
003.04A A liner
designed and constructed according to one of the following designs:
003.04A1 With a composite liner consisting of
two components: the upper component must consist of a minimum 30-mil flexible
membrane liner (FML); and the lower component must consist of at least a two
(2) foot layer of compacted soil with a hydraulic conductivity of no more than
1 x 10-7 cm/sec. FML components consisting of high
density polyethylene (HDPE) shall be at least 60-mil. thick. The FML must be
installed in direct and uniform contact with the compacted soil component;
or
003.04A2 In accordance with a
design approved by the Department, alternate designs shall ensure that the
concentration values listed in Appendix III will not be exceeded in the
uppermost aquifer at the relevant point of compliance, as specified by the
Department under
003.04D of this chapter. The
Department shall consider the following factors when approving the design of
liner systems:
003.04A2(a) The hydrogeologic
characteristics of the facility and the surrounding land;
003.04A2(b) The climatic characteristics of
the area;
003.04A2(c) The volume
and type of waste to be deposited; and
003.04A2(d) The volume and physical and
chemical characteristics of the leachate.
003.04A3 All required compacted soil
components shall be constructed in lifts which do not exceed six (6) inches in
thickness.
003.04A3(a) Uniform compaction of
the lifts shall be assured through the use of appropriate equipment. Liners
shall be supported by material of sufficient bearing strength to prevent
subsidence and failure of any component. The bearing strength shall be
documented through materials testing.
003.04B A leachate collection and treatment
system shall be constructed where necessary to protect the waters of the state.
Any required discharge permit shall be obtained from the Department. The
leachate collection system shall be maintained as required by section
006.003.04B1
Leachate collection systems shall be designed and constructed to maintain less
than a 30-cm. depth of leachate over the liner.
003.04C A construction quality assurance plan
for engineered containment systems and leachate collection systems shall be
submitted with the application. The plan shall assure adequate construction and
testing of the containment system components as called for in design
specifications in the facility plan. The construction quality assurance plan
shall be prepared and signed by a professional engineer registered in the State
of Nebraska.
003.04D The relevant
point of compliance noted in
003.04A 2 of this chapter
shall be located at the waste management unit boundary. The applicant may
request the establishment of an alternate relevant point of compliance. The
alternate relevant point of compliance shall be no more than 150 meters from
the waste management unit boundary and shall be located on land owned by the
solid waste disposal area permittee. The Department will base the decision to
approve or deny the applicant's request upon consideration of the following
factors:
003.04D1 The hydrogeologic
characteristics of the facility and the surrounding land;
003.04D2 The volume and physical and chemical
characteristics of the leachate;
003.04D3 The quantity, quality and direction
of flow of ground water;
003.04D4
The proximity and withdrawal rate of the ground water users;
003.04D5 The availability of alternative
drinking supplies;
003.04D6 Method
of operation as outlined in the operational plan;
003.04D7 The existing quality of the ground
water, including other sources of contamination and their cumulative impacts on
the ground water, and whether the ground water is currently used or reasonably
expected to be used for drinking water;
003.04D8 Public health, safety, and welfare
effects; and
003.04D9 Practicable
capability of the owner or operator.
003.04E Solid waste disposal area
run-on/run-off control systems shall be designed, constructed and maintained to
meet the following criteria:
003.04E1 A
run-on control system to prevent flow onto the active portion of the landfill
during the peak discharge from a twenty-five (25) year storm; and
003.04E2 A run-off control system from the
active portion of the landfill to collect and control, at least, the water
volume resulting from a twenty-four (24) hour, twenty-five (25) year storm.
003.04E3 Surface water courses and
run-off shall be diverted from the solid waste disposal area by devices such as
trenches, conduits and proper grading to minimize infiltration and erosion of
cover material. The solid waste disposal area shall be constructed and graded
so as to promote rapid surface water run-off without excessive erosion.
Excessive erosion shall mean an erosion rate of five (5) tons per acre per
year, or more.
003.04E4 Run-off from
the active portion of the solid waste disposal area shall be handled in
accordance with 004.08.
003.04E5 Regrading shall be done as required
during construction and after completion to avoid ponding of precipitation and
to maintain cover material integrity. On-site drainage structures and channels
shall be designed for at least a twenty-four (24) hour, twenty-five (25) year
storm.
003.04F Plans for
the construction of a municipal solid waste disposal area shall include the
location and design of the gas control and monitoring system and include vents,
barriers, or other control measures.
003.05 In the case of a land application unit
for repeated disposal or treatment of special waste, the construction and
design plans, in addition to section 003.01 to
003.03, shall include the following:
003.05A Measures taken to protect the ground
water;
003.05B A description of the
system for collection, containment, treatment and/or use of all waters within
the site confines, which shall include:
003.05B1 A monitoring program for surface
run-off from the site shall be developed and implemented to determine the need
and extent of containment facilities; or
003.05B2 A containment facility shall be
designed to contain all site runoff from a twenty-four (24) hour twenty-five
(25) year storm.
003.06 Small landfill partial exemption
Owners and operators of new municipal solid waste disposal
areas, existing municipal solid waste disposal areas and lateral expansions at
which less than twenty (20) tons of municipal solid waste is disposed of daily,
based on an annual average, may be exempt from Section
003.04A, so long as there is no evidence of existing
ground water contamination from the solid waste disposal area, and the solid
waste disposal area serves:
003.06A A
community that has no practicable waste management alternative and the
municipal solid waste disposal area is located in an area that annually
receives less than or equal to 25 inches of precipitation.
003.06A1 Owners and operators of new
municipal solid waste disposal areas, existing solid waste disposal areas, and
lateral expansions that meet the criteria of Sections
003.06 and 003.06A shall
demonstrate compliance with each criteria by placing documentation in the
operating record, and providing copies of such documentation to the
Director.
003.06B If, at
any time, owners and operators who have asserted the exemption of Section
003.06, have knowledge of ground water contamination
resulting from such new municipal solid waste disposal area, existing solid
waste disposal area or lateral expansion, such owner or operator shall notify
the Director of such contamination, in writing, and thereafter shall comply
with all of section 003 of these regulations for all
areas previously exempt.