Current through Register Vol. 35, No. 18, September 24, 2024
A.
Prior to the submission of a permit application or an application for a
modification resulting in a lateral or vertical expansion for a municipal,
monofill or special waste landfill, the applicant shall:
(1) meet with department representatives to
discuss the proposed facility or modification; and
(2) submit a site assessment boring plan for
departmental approval, including a demonstration that the installation of any
monitoring well will comply with 20.9.9.9 NMAC:
(a) an applicant for approval of a site
assessment boring plan shall submit a notice of intent to the secretary at
least 14 days prior to the installation or decommissioning of any borings;
and
(b) borings may be converted
into piezometers or ground water monitoring wells provided they are constructed
in accordance with 20.9.9.9 NMAC, and the conversion is consistent with the
ground water monitoring plan and system plan approved by the
department.
B. Any person seeking a permit for a
municipal or special waste landfill shall submit the following information in
addition to that required under 20.9.3.8 NMAC:
(1) a schedule of filling and methods of
compaction of solid waste;
(2) a
soil balance calculation and types and sources of daily, intermediate and final
cover;
(3) site plans and
cross-sections of the facility, drawn to scale, indicating the location of any:
(a) ground water monitoring wells and
landfill gas monitoring points;
(b)
materials recovery operation(s);
(c) borrow and fill areas;
(d) fire protection equipment;
(e) barriers for concealing the site from
public view and noise abatement;
(f) surface drainage;
(g) water supply, including lines, tanks and
wells;
(h) buildings, roads,
utilities, storage ponds, fences and other site improvements;
(i) electric power transmission and
distribution lines, pipelines, railroads, water, gas, oil wells, and public and
private roads within 300 feet of the facility; and
(j) access roads to and within the landfill,
including description, slopes, grades, length, load limits and points of
entrance and exit;
(4) a
topographic map of the site at a scale of 1"=200 feet, with a contour interval
of two feet or less where relief is less than 50 feet; and five feet or less
where relief exceeds 50 feet, with property boundaries of the landfill
indicated;
(5) the most recent full
size United States geological survey topographic map of the area, showing the
waste facility boundary and existing utilities and structures within 500 feet
of the boundary of the facility site;
(6) if available, the most recent federal
emergency management agency 100-year frequency floodplain map, and if not
available, the applicant shall otherwise demonstrate the site is not located in
a 100-year frequency floodplain;
(7) a description of site geology and
hydrology including:
(a) characterization of
the uppermost aquifer including depth, estimated thickness, estimated
sustainable yield, water quality (including all constituents referenced in
Subsection A of 20.9.9.20 NMAC, flow direction, gradient and velocity unless
the application includes a petition for suspension of ground water monitoring
requirements in accordance with Subsection C of 20.9.9.8 NMAC;
(b) characterization of the geology,
including:
(i) the results of the site
assessment borings conducted in accordance with the approved boring
plan;
(ii) a site plan showing the
location, surface elevation and total depth of each boring;
(iii) lithologic log results of each boring,
drawn to a scale of 1"=10' (except that borings of greater than 200 feet may be
drawn to a scale of 1"=20'), graphically depicting the soil and/or rock strata
penetrated and describing each layer; a) if soil: color, degree of compaction,
moisture content, and any additional information necessary for an adequate
description and visual classification of each stratum based on the unified
soils classification system; and b) if rock: a detailed lithologic description,
including rock type, degree of induration, presence of fractures, fissility,
porosity (including vugs), and any other information necessary for an adequate
description; the descriptions shall be certified by a qualified ground water
scientist who shall be on-site at all times during drilling operations (all
field notes of the ground water scientist shall be made available upon request
of the department); and
(iv) if
ground water was encountered, the initial depth it was encountered shall be
indicated on the lithologic log;
(8) a demonstration that run-off from the
landfill will not discharge contaminants in violation of the New Mexico Water
Quality Act, commission regulations or standards, or the Federal Clean Water
Act, including an analysis of proposed run-on and run-off flow and control
systems;
(9) a groundwater
monitoring plan in conformance with 20.9.9.10 NMAC;
(10) plans and specifications for ground
water monitoring systems in accordance with 20.9.9.9 NMAC;
(11) plans and specifications for liner and
leachate collection systems in accordance with 20.9.4.13 NMAC and 20.9.4.15
NMAC;
(12) plans and specifications
for landfill gas monitoring and management programs in accordance with
20.9.4.16 NMAC; and
(13) provide
proof the applicant has notified the federal aviation administration and the
affected airport if the facility is to be located within six miles of an
airport used by the public and that the federal aviation administration does
not object to the site being operated as a solid waste facility.
C. Applicants shall include
disposal management plans for all types of special waste proposed to be
disposed at the landfill. Such disposal management plans shall include, at a
minimum:
(1) a description of methods to
identify the various special wastes, including the use of test parameters in
20.9.8.11 NMAC;
(2) disposition
procedures for incoming special wastes;
(3) procedures for notifying the department
in the event wastes either fail the tests listed in 20.9.8.11 NMAC or prove not
to be one of the listed special wastes;
(4) the tracking system to be used to:
(a) compile and record the amounts and types
of wastes received;
(b) identify
the area or disposal coordinates where the waste was placed in the disposal
cell; and
(c) complete the manifest
requirements of 20.9.8.19 NMAC;
(5) emergency and mitigation measures in case
of a spill or leak; and
(6) a
description of procedures to meet applicable requirements in 20.9.8.12-17
NMAC.
D. Applicants shall
identify any types of material not within the definition of solid waste that
the owner or operator seeks to dispose.