Nebraska Administrative Code
Topic - ENVIRONMENT AND ENERGY
Title 132 - NEBRASKA DEPARTMENT OF ENVIRONMENTAL QUALITY
Chapter 4 - CRITERIA FOR FOSSIL FUEL COMBUSTION ASH DISPOSAL AREAS
Section 132-4-003 - Design Criteria
Universal Citation: 132 NE Admin Rules and Regs ch 4 ยง 003
Current through March 20, 2024
The construction and design of all fossil fuel combustion ash disposal areas shall:
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 fossil fuel combustion ash disposal area or a lateral expansion of an existing fossil fuel combustion ash 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 all new or lateral expansions of an existing fossil fuel combustion ash disposal area shall also include the following documentation.
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 fossil fuel combustion ash 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 003.04A2 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
fossil fuel combustion ash 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 Fossil fuel combustion ash 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 fossil fuel combustion ash disposal area
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 fossil fuel combustion ash disposal area 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 fossil fuel combustion ash disposal area by devices
such as trenches, conduits and proper grading to minimize infiltration and
erosion of cover material. The fossil fuel combustion ash disposal area shall
be constructed and graded so as to promote rapid surface water run-off without
excessive erosion.
003.04E4 Run-off
from the active portion of the fossil fuel combustion ash disposal area shall
be handled in accordance with 004.05.
003.04E5 Regrading shall be done as required
during construction, after completion, and during the placement of fossil fuel
combustion ash 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.
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