Current through Supplement No. 395, January, 2025
The owner or operator of a municipal waste landfill facility
shall comply with these design, construction, and operating standards.
1. Access to the facility must be controlled
by lockable gates and a combination of fencing, natural barriers, or artificial
barriers. The gates must be locked when an attendant is not on duty.
2. Any new or lateral expansion of a
municipal waste landfill must be underlain with a hydraulic barrier and
leachate removal system capable of collecting and removing leachate and
contaminated surface water within the landfill.
a. The liner and leachate removal system must
be compatible with the waste and leachate.
b. The liner and leachate removal system must
maintain its integrity for the life of the facility and the postclosure
period.
c. The leachate removal
system must have a collection efficiency of ninety percent or better and be
capable of maintaining a hydraulic head of twelve inches [30.5 centimeters] or
less above the liner.
d. The liner
must consist of one of the following:
(1) A
natural soil liner constructed of at least four feet [1.2 meters] of natural
soil having a hydraulic conductivity not to exceed 1 x
10-7 centimeters per second; or
(2) A composite liner consisting of two
components; the upper component must consist of a minimum thirty mil flexible
membrane liner, and the lower component must consist of at least a two-foot
[61.0-centimeter] layer of compacted soil with a hydraulic conductivity of no
more than 1 x 10-7 centimeters per second. Flexible
membrane liner components consisting of high density polyethylene must be at
least sixty mil thick. The flexible membrane liner component must be installed
in direct and uniform contact with the compacted soil component.
e. The drainage layer of the
leachate removal system must have a hydraulic conductivity of 1 x
10-3 centimeters per second or greater throughout.
The drainage layer must have sufficient thickness to provide a transmissivity
of 3.0 x 10-2 centimeters squared per second or
greater.
f. Appropriate measures
must be provided as necessary for preparation of the liner subgrade, quality
assurance, and quality control testing of the construction of the liner and
leachate removal system, and protection and maintenance of the liner and
leachate removal system to ensure the integrity of the system.
g. An alternative liner and leachate removal
system for a landfill site may be approved by the department. The department
must consider factors such as the proposed system's ability to control leachate
migration, the hydrogeologic characteristics of the site and surrounding land,
the climate of the area, or the potential leachate quality.
3. The liner and leachate removal
system in combination with the final cover must achieve a site efficiency of
ninety-five percent or better for rejection or collection of the precipitation
that falls on the site.
4. Methane
and other gases from waste decomposition may not be allowed to migrate
laterally from the landfill so as to endanger structures, environmental
resources, or adjacent properties.
a. The
concentration of methane gas generated by landfills on the facility must not
exceed twenty-five percent of the lower explosive limit for methane in
structures or appurtenances on the facility.
b. The concentration of methane gas must not
exceed the lower explosive limit for methane at the facility
boundary.
c. Monitoring of methane
gas must be conducted at least quarterly, on a schedule proposed by the owner
or operator and approved by the department, to assure that the standards of
subdivisions a and b are met. The frequency of monitoring must consider such
factors as the facility site conditions, hydrogeologic conditions surrounding
the site, or climate of the area.
d. If methane gas levels exceed the standards
of subdivisions a and b, the owner or operator must:
(1) Immediately take action to protect public
health;
(2) Notify the department
within seven days; and
(3)
Implement remedial measures within sixty days.
5. A certified operator must be on duty while
the facility is receiving solid waste. Facilities receiving on average over
twenty tons [18.2 metric tons] of municipal waste per day shall have an
attendant at or near the entrance to the facility to monitor, accept or reject,
measure, and record wastes arriving at the facility.
6. Solid waste must be unloaded at the bottom
of the working face of the fill. The waste must then be spread in layers and
compacted as densely as practicable. Each layer may not exceed a thickness of
two feet [61.0 centimeters] of material after compaction is
completed.
7. Household pet animal
carcasses may be buried along with other municipal household waste. Larger
animal carcasses must be disposed of immediately and must be placed at least
four feet [1.2 meters] below grade with at least twelve inches [30.5
centimeters] of cover material directly covering the carcass.
8. The following wastes may not be accepted
for disposal in municipal waste landfills unless approved by the department:
a. Hazardous waste, except in amounts
normally in municipal waste;
b.
Industrial waste, if not addressed in the industrial waste management plan and
the permit;
c. Lead acid
batteries;
d. Liquids, except in
amounts normally in household waste, unless the liquid is leachate or gas
condensate derived from the municipal solid waste landfill and the municipal
solid waste landfill, whether it is a new or existing landfill or a lateral
expansion, is designed with a composite liner and leachate collection system as
described in this section;
e. Major
appliances;
f. Municipal waste
incinerator ash;
g. Other waste, if
the department determines that such waste has toxic or adverse characteristics
which can impact public health or environmental resources;
h. Pesticide containers which are not empty
and have not been triple-rinsed, except those normally in municipal
waste;
i. Polychlorinated biphenyls
(PCB) waste as defined in 40 CFR part 761;
j. Raw or digested sewage sludges, lime
sludges, grit chamber cleanings, animal manure, septic tank pumpings, bar
screenings, and other sludges, if not included in the permit;
k. Regulated infectious waste, except in
amounts normally in household waste;
l. Special waste; and
m. Used oil.
9. A uniform compacted layer of six inches
[15.2 centimeters] or more of suitable earthen material or other departmentally
approved material must be placed on all solid waste by the end of each working
day. All cover must be free of trash, garbage, or other similar
waste.
10. On all areas where final
cover or additional solid waste will not be placed within one month, an
additional six inches [15.2 centimeters] or more of compacted, clay-rich
earthen material or other departmentally approved material must be placed. This
intermediate cover may be removed when disposal operations resume.
General Authority: NDCC 23.1-08-03;
S.L.
2017, ch. 199,
§
1
Law Implemented: NDCC 23.1-08-03, 23.1-08-08,
23.1-08-15;
S.L.
2017, ch. 199,
§
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