Current through Register Vol. 56, No. 6, March 18, 2024
(a) Any sanitary landfill subject to regulation pursuant to 7:26-2A.1(c) shall contain a leachate containment system, leachate collection system, leachate treatment/disposal system, gas venting system, surface drainage control system, monitoring system, a final capping system and any other system or environmental control measure required by the Department, and shall be designed and constructed in accordance with the performance standards set forth in this section.
(b) In the design and construction of a sanitary landfill subject to regulation pursuant to 7:26-2A.1(c), consideration shall be given to ground and surface water conditions, geology, soils, topographic features, solid waste types and quantities, social, geographic and economic factors, and esthetic and environmental impacts in order to protect the environment and to minimize and control adverse impacts.
(c) The following are the performance standards for sanitary landfills:
1. The sanitary landfill shall not cause or result in any decrease in the quality of the ground or surface water over background at the relevant point of compliance of the sanitary landfill, within the uppermost aquifer or surface water adjacent to the sanitary landfill, beyond that allowed by N.J.A.C. 7:9B, Ground Water Quality Standards or N.J.A.C. 7:9C, Surface Water Quality Standards, as applicable. The relevant point of compliance means the property boundary of the sanitary landfill, or 150 meters from the toe of slope of the landfilled area, whichever is less.
(d) For a sanitary landfill located in a stable low permeable defined geologic formation having a hydraulic conductivity of less than 1x10[-6] cm/sec., the standard for the design for the containment and leachate collection systems shall consist, at a minimum, of the following:
1. An impervious liner consisting of three feet of clay or soil admixture having a hydraulic conductivity equal to or less than 1x10[-7] cm/sec. designed and constructed in accordance with 7:26-2A.7(c); and
2. A leachate collection system consisting of a one foot sand drainage layer having a hydraulic conductivity equal to or greater than 1x10[-2] cm/sec. The collection pipe spacing and liner slope shall be designed to ensure that the leachate head on the liner does not exceed one foot at any time based on actual flows from the area of drainage at real time events. The leachate collection system shall be constructed as specified in 7:26-2A.7(d);
3. An applicant may submit an alternate design for the containment and leachate collection system. The Department will only approve such alternate design if the applicant is able to demonstrate, to the satisfaction of the Department, that the alternate system design is an equivalent system in terms of structural integrity as (d)1 and 2 above, meets or exceeds the performance and efficiency requirements of (d)1 and 2 above and meets the performance standard established in (c) above.
(e) The standard design for all sanitary landfills, except as noted in (e)1 below, not located in stable low permeable geologic formations of sufficient thickness, having a hydraulic conductivity of less than 1x10[-6] cm/sec., shall, at a minimum, construct a composite liner system consisting of a geomembrane liner in compressive contact with a two-foot layer of compacted clay or admixture liner with a hydraulic conductivity of no more than 1x10[-7] cm/sec. The design and performance of the sanitary landfill shall insure an environmentally sound operation with consideration given to the geology, groundwater quality and groundwater usage of the area.
1. A sanitary landfill located in a geologic area in which the bedrock is at or near the surface and that serves as a direct source for a public community water system, shall, at a minimum, have a containment system consisting of a double composite liner system. The primary and secondary geomembrane liners in the double composite liner system shall be in compressive contact with a clay or admixture liner below the geomembrane liner. A leak detection/collection system shall be located between the primary composite liner and the secondary composite liner.
(f) The evaluation of the performance of the sanitary landfill in the geologic formation within which it is located shall be analyzed with a three-dimensional mass transport model. A two-dimensional mass transport model may be utilized, if approved by the Department, after the applicant demonstrates that the configuration of the site specific geology of vertical versus horizontal extent allows for an evaluation equal to an evaluation resulting from a three-dimensional mass transport model. The mass transport model shall have the capacity to represent the real world situation in accordance with the requirements set forth at Appendix A. Sanitary landfills that employ a double composite liner system are exempt from the requirements of this subsection.
(g) All sanitary landfills regulated pursuant to N.J.A.C. 7:26-2A.1(c) shall be designed and constructed, in accordance with (h) below, to protect environmentally sensitive areas including, but not limited to, the following:
1. The flood fringe areas of the flood hazard area as identified by the Department pursuant to the State Flood Hazard Area Control Act, 58:16A-50 et seq.;
2. Wetland buffer areas as identified by the Department pursuant to the Coastal Zone Management Rules, N.J.A.C. 7:7;
3. Lands in municipally approved farmland preservation programs, farmland preservation programs or lands which have been dedicated to agricultural use by the purchase of their development easements pursuant to the provisions of the Agriculture Retention and Development Act, 4:1C-11 et seq., or equivalent independent county/municipal programs;
4. The watershed area for waters classified by the Department as FW-1 waters or FW-2 Trout Protection Water pursuant to the Surface Water Quality Standards, N.J.A.C. 7:9-4;
5. Areas within 1000 feet of any lake or pond and 500 feet of any river or stream;
6. The Pinelands Area as established by N.J.S.A. 13:18A-11a of the Pinelands Protection Act, 13:18A-1 et seq.;
7. Areas directly underlain by cavernous limestone, dolomite, or marble;
8. Areas directly overlying past or present subsurface mining activities;
9. Areas within three miles from either end of the nearest runway of any public-use airport owned by a public agency or designated by the Federal Aviation Administration as a reliever airport as determined by the Division of Aeronautics of the New Jersey Department of Transportation;
10. Areas which will encroach upon, damage or destroy any area, site, structure, or object included in the Register of Historic Places established by 13:1B-15.1 28 et seq.;
11. Within the buffer zone area of specimen trees as determined and defined by the Division of Parks and Forestry; and
12. Areas with slopes exceeding 15 percent.
(h) In order to protect the environmentally sensitive areas identified in (g) above, the Department shall require the design, construction and operation of additional control systems or increased performance of the required systems to minimize and control adverse impacts and prevent pollution. The Department will consider documentation, submitted by the applicant, demonstrating that the topographical and geological conditions, in conjunction with the design, construction, operation and maintenance of the sanitary landfill in accordance with this subchapter, will adequately prevent pollution of the environmentally sensitive area.
1. The additional environmental control systems or increased performance of the systems required to protect the environmentally sensitive areas identified in (g) above shall at a minimum include the following for the particular identified area:
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(i) Sanitary landfill setback areas and buffer zones shall be designed and constructed in accordance with the following:
1. In areas in which the groundwater flow velocity, in the geologic formation in which the proposed sanitary landfill will be located, is equal to or greater than one foot per day, the minimum setback area shall be 300 feet from the toe of the slope of the landfill to the property boundary line.
2. In areas in which the groundwater flow velocity, in the geologic formation in which the proposed sanitary landfill will be located, is less than one foot per day, the setback may be reduced based on the geology and topography of the area, the groundwater quality and usage, and the performance standards set forth in (c) above and as determined in accordance with (f) above, but in no case shall the setback area be less than 150 feet.
3. A greater separation than that required by (i)1 or 2 above may be required based on the geology and topography of the area, the groundwater quality, usage, and proximity of potable water wells and the performance standards set forth at (c) above and as determined in accordance with (f) above to prevent pollution within the aquifers.
4. A minimum of 50 feet of buffer zone within the setback area shall be maintained at all landfills.
(j) Reductions in the performance of the sanitary landfill set forth in (d) and (e) above and the design standards and construction requirements set forth in 7:26-2A.7 for Class II and III sanitary landfills shall be permitted by the Department based upon the following:
1. The performance required of Class II sanitary landfills shall be based upon the waste type to be disposed of at the sanitary landfill and shall be in accordance with the following analyses:
i. Historical data of the waste type proposed to be disposed of at the sanitary landfill demonstrating the degradation and immobilization of the waste within the soil matrix under similar conditions; or
ii. An analysis, by a New Jersey certified laboratory, of a composite sample of the waste, which shall include, but not be limited to, the following:
(1) A total analysis of metals listed in N.J.A.C. 7:26G-5 ( 40 C.F.R. 261.24 ), performed in accordance with the most current version of the American Water Works Association, AWWA Standard Method, Part 300;
(2) Extraction procedures for the metals listed in N.J.A.C. 7:26G-5 ( 40 C.F.R. 261.24 ) using an extractant at a pH of 5 and with site water shall be performed in accordance with the most current version of the USEPA "Test Methods for Evaluating Solid Waste," SW 846 USEPA, Section 2 and USEPA "Solid Waste Leaching Procedure SW 924;"
(3) Steam distillation of any suspected organic shall be performed in accordance with the most current version of the USEPA "Test Methods for Evaluating Solid Waste SW 846;" Section 4.
iii. Background analysis shall be performed on soils taken from the proposed site in accordance with (j)ii(1) and (2) above.
iv. Split sampling, if required, shall be performed concurrently with the Department at a time and place to be agreed upon by the applicant and the Department. A certified copy of the bill for the Department's analysis of the waste and soils for split sampling performed in accordance with (j)1ii and iii above, shall be forwarded to the applicant, who shall pay the bill within 30 days thereafter. Payment of the bill in full shall be a condition of the final permit approval; and
v. A mass transport model meeting the requirements of (f) above shall be used to analyze the extent of any possible potential contaminant migration based on the site geology and groundwater flow at a maximum discharge rate.
2. The design standards and construction requirements set forth at N.J.A.C. 7:26A-2.7 may be reduced in as approved by the Department for Class II sanitary landfills as determined based upon the waste analysis performed in accordance with (j)1 above and the following:
i. Site access control and security;
ii. Length and scale of the operation; and
iii. Location of the proposed sanitary landfill in regards to the following:
(1) Geologic location in accordance with (d) and (e) above;
(2) Impacts on environmentally sensitive areas in accordance with (g) and (h) above;
(3) Groundwater flow velocity in accordance with (i)1 and 2 above; and
(4) The geologic and groundwater impacts and the geotechnical analysis needed for the two-dimensional model shall be determined based upon a preliminary investigation performed in accordance with 7:26-2A.5(a)6.
3. The performance required for Class III sanitary landfills may be reduced and Class III sanitary landfills may be exempted from one or more of the design standards or construction requirements of 7:26-2A.7 based on the following:
i. Site access control and security;
ii. Length and scale of the disposal operation; and
iii. Location of the landfill in regards to the following:
(1) Geologic location in accordance with (d) and (e) above;
(2) Impacts on environmentally sensitive areas in accordance with (g) and (h) above; and
(3) Groundwater flow velocity in accordance with (i)1 and 2 above.
