Current through March 20, 2024
Operations of all solid waste disposal areas shall be in
accordance with the approved operational plan and Chapter 2
requirements.
004.01 A solid waste
disposal area shall be designed and operated at all times so as to not
constitute a hazard, or a threat to human health or the environment.
004.02 The operation of a solid waste
disposal area shall include effective noise control and odor control
programs.
004.03 Litter shall be
controlled at solid waste disposal areas.
004.04 Disease vector control
An owner or operator of a solid waste disposal area shall
prevent or control on-site populations of disease vectors using techniques
appropriate for the protection of human health and the environment.
004.05 Air Criteria
An owner or operator of a solid waste disposal area shall
ensure that the landfill unit does not violate any applicable requirements
developed under Title 129 -Nebraska Air Quality
Regulations. Measures shall be taken to control fugitive dust in
accordance with Title 129 - Nebraska Air Quality
Regulations during excavation, vehicle movement, placement of
waste or covering deposits.
004.06 Procedures for Excluding the Receipt
of Regulated Hazardous Waste or TSCA Regulated PCB Wastes. Owners or operators
of solid waste disposal areas shall implement a program for detecting and
preventing the acceptance or disposal of regulated hazardous wastes and TSCA
regulated polychlorinated biphenyl (PCB) wastes. This program shall include, at
a minimum:
004.06A Random inspections of
incoming loads unless the owner or operator takes other steps to ensure that
incoming loads do not contain regulated hazardous wastes or PCB wastes. Random
inspections must be conducted on a minimum of one percent ( 1.0 %) of the
incoming loads per week or at least one load per week if less than one hundred
(100) loads per week are received and processed;
004.06B Records of any inspections;
004.06C Training of facility personnel to
recognize regulated hazardous wastes and PCB wastes; and
004.06D Notification to the Department if a
regulated hazardous waste or PCB waste is discovered at the facility.
004.06E Any regulated hazardous or PCB waste
identified must be removed and handled in accordance with procedures of the
approved operating plan.
004.07 Access Requirements
004.07A An owner or operator of a solid waste
disposal area shall control public access and prevent unauthorized vehicular
traffic and illegal dumping of wastes by using artificial barriers, natural
barriers, or both, as appropriate, to protect human health and the
environment.
004.07B Access roads
to the site shall be maintained so as to be negotiable by vehicles.
004.07C Necessary measures shall be taken
(supervision, placarding, fencing) to reduce trespassing.
004.07D The site shall be supervised to
satisfy requirements of these rules and regulations; placarding or posting
instructions shall be used as a supplement to on-site supervision.
004.07E Access to the site shall be permitted
only during the hours when operating personnel are on the site.
004.07F All vehicular access points shall be
equipped with gates that can be locked. Operating procedures shall be clearly
listed on signs posted at the site entrance.
004.08 Surface Water Requirements
A solid waste disposal area shall not:
004.08A Cause a discharge of pollutants into
waters of the state, including wetlands, that violate any requirements of Title
119 - Rules and Regulations Pertaining to the Issuance of Permits
Under the National Pollutant Discharge Elimination
System.
004.08B Cause
the discharge of a non-point source of pollution to waters of the State that
violate any requirement of an area-wide or state-wide water quality management
plan that has been approved under section 208 or 319 of the Clean Water Act, as
amended (
33 U.S.C.
1251 et seq).
004.09 An owner or operator shall not accept
solid waste at the facility if the disposal capacity has been reached. Solid
waste shall only be placed in areas designated for disposal.
004.10 Liquids Restrictions
004.10A Bulk or non-containerized liquid
wastes shall not be placed in a solid waste disposal area unless:
004.10A1 The waste is household waste other
than septic waste; or
004.10A2 The
waste is leachate or gas condensate derived from the solid waste disposal area
and the solid waste disposal area is designed with a composite liner and
leachate collection system described in section
003.
004.10B Containers holding liquid waste may
not be placed in a solid waste disposal area unless:
004.10B1 The container is a small container
similar in size to that normally found in household waste;
004.10B2 The container is designed to hold
liquids for use other than storage; or
004.10B3 The waste is household
waste.
004.11
Any materials salvaged from the solid waste disposal area shall be removed
daily or stored in a manner protective of the public health and
environment.
004.12 The following
activities shall be prohibited in conjunction with, or upon the site of a solid
waste disposal area:
004.12A All scavenging
operations;
004.12B All grazing or
feeding of farm or domestic animals.
004.13 For any area where wastes will not be
disposed for a period of one hundred eighty (180) days or longer, that area
shall be covered with the required daily cover material and an additional
twelve (12) inches of intermediate cover. Vegetative cover shall be established
as soon as possible on these areas.
004.14 All completed areas of a solid waste
disposal area shall be properly reclaimed with final cover pursuant to the
requirements of Section 005 of these
regulations.
004.15 On-site
vegetation should be cleared only as necessary to conduct an efficient
operation and to comply with these rules and regulations. Natural windbreaks,
such as green belts, should be maintained where they will improve the
appearance and operation of the disposal site.
004.16 Reasonable measures shall be taken to
control dust during excavation, vehicle movement or covering
deposits.
004.17 General operating
requirements for municipal solid waste disposal areas and delisted waste
disposal areas.
004.17A Litter Control
Requirements.
004.17A1 Litter fences or other
devices shall be used in the immediate vicinity of the working face or at other
appropriate locations to control blowing litter.
004.17A2 At the end of each operating day, or
more often as required, litter shall be removed from the fences and the grounds
and incorporated into the working face. Alternatively, the litter may be
containerized for disposal on the next operating day.
004.17A3 Wastes that are easily moved by wind
shall be covered as necessary throughout the operating day to prevent their
becoming airborne and scattered.
004.17B Cover material requirements.
004.17B1 Except as provided in
004.17B2 of this chapter, an owner or operator of a
municipal solid waste disposal area shall cover waste with six (6) inches of
earthen material at the end of each operating day, or at more frequent
intervals if necessary, to control disease vectors, fires, odors, blowing
litter, and scavenging.
004.17B2
Alternative materials of an alternative thickness may be approved by the
Department if an owner or operator demonstrates that the alternative material
and thickness control disease vectors, fires, odors, blowing litter, and
scavenging without presenting a threat to human health and the
environment.
004.17B3 The
Department may grant a temporary waiver from the requirements of
004.17B1 and 004.17B2 if an
owner or operator demonstrates that there are extreme climatic conditions that
make meeting such requirements impractical. All periods during which daily
cover is not applied shall be entered in the operating record.
004.17B4 Owners and operators of delisted
waste disposal areas shall cover deposited materials in the manner specified in
the operational plan.
004.17B5
Owners and operators of industrial waste disposal areas shall cover deposited
materials as needed to control disease vectors, fires, odors, blowing litter,
fugitive dust, and scavenging.
004.17C Explosive Gases Control.
004.17C1 An owner or operator of a municipal
solid waste disposal area shall ensure that:
004.17C1(a) The concentration of methane gas
generated by the facility does not exceed twenty-five percent (25%) of the
lower explosive limit for methane in facility structures (excluding gas control
or recovery system components); and
004.17C1(b) The concentration of methane gas
does not exceed the lower explosive limit for methane at the solid waste
disposal area property boundary.
004.17C2 Owners or operators of a municipal
solid waste disposal area shall implement a routine methane monitoring program
to ensure that the standards of
004.17C1 of this
chapter are met. The monitoring program shall be included in the facility's
operational plan.
004.17C2(a) The type and
frequency of monitoring shall be determined by the following factors:
004.17C2(a)(1) Soil conditions;
004.17C2(a)(2) The hydrogeologic conditions
surrounding the facility;
004.17C2(a)(3) The hydraulic conditions
surrounding the facility; and
004.17C2(a)(4) The location of facility
structures and property boundaries.
004.17C2(b) The minimum frequency of
monitoring shall be quarterly.
004.17C3 If methane gas levels exceeding the
limits specified in
004.17C1 of this chapter are
detected, an owner or operator shall:
004.17C3(a) Immediately take all necessary
steps to ensure protection of human health;
004.17C3(a)(1) Immediately notify the
Department;
004.17C3(b)
Within seven (7) days of detection, place in the operating record the methane
gas levels detected and a description of the steps taken to protect human
health;
004.17C3(c) Within sixty
(60) days of detection: the owner or operator shall implement a remediation
plan for the methane gas releases which describes the nature and extent of the
problem and the proposed remedy. Any proposed remedy must protect human health
and the environment. A copy of the plan shall be placed in the operating
record. The owner or operator shall notify the Department that the plan has
been implemented.
004.17C3(d) The
Department may establish alternative schedules for compliance with
004.17C3(b) and 004.17C3(c)
of this chapter.
004.17D Solid waste received at a municipal
solid waste disposal area shall be deposited in the smallest practical area and
shall occur at the toe of the slope and in a manner which controls windblown
materials. Waste may be deposited at locations other than the toe of the slope
if site conditions do not allow access to the toe or instances for depositing
waste at locations other than the toe of the slope are in the operational plan.
004.17D1 Unloading shall be supervised.
004.17D2 Sufficient equipment and
personnel shall be available to operate the solid waste disposal area according
to the approved plan.
004.17D3
Arrangements shall be made for access to back up equipment within a reasonable
time.
004.17D4 Leachate collections
systems shall operate according to operational plan. Leachate shall be
collected and transported to a waste water treatment facility or treated as
indicated in Section 004.10A 2.
004.17D5 Dead animals, carcasses, or parts
thereof may be placed in a municipal solid waste disposal area, with the
following exception:
004.17D5(a) Diseased
animals shall be disposed pursuant to the requirements of
Neb.
Rev.
Stat.
§
54-744.
004.18 The
operational plan for a solid waste disposal area shall include a description of
the methods of operations which comply with the requirements of
004.01 to 004.17. The
operational plan shall also include:
004.18A
A description of the days and hours of operations;
004.18B A description of the number and
duties of employees;
004.18C A
listing of sources and types of waste to be received; and an estimate of daily
quantity of wastes to be received; origin of wastes to be received; and load
inspection techniques;
004.18D
Numbers, type and size of equipment on site as well as provisions for obtaining
back up equipment, if necessary;
004.18E A contingency plan for addressing
reasonably foreseeable events including, but not limited to, wet weather, high
winds, frozen conditions, fires, or natural disaster;
004.18F A schedule of filling; methods and
compaction of wastes; and a phased site development plan; and
004.18G The types and sources of daily,
intermediate, and final cover to be used.
004.19 Additional operational requirements to
be included in the operational plan for land application units for repeated
disposal or treatment of special wastes shall include:
004.19A Methods of operation shall be
described, including windrow, static pile or other method, and added to the
operational plan;
004.19B If
necessary, chemical analysis of the materials to be land applied; and
004.19C If determined necessary by the
Department, provisions for at least annual laboratory analysis of underlying
soils for leachate detection.
