Current through Register Vol. 48, No. 9, September 27, 2024
(a) Any landfill that is not covered by
paragraph (c) of this section or Section265.301 (a) of this regulation must
have a liner system for all portions of the landfill (except for existing
portions of such landfill). The liner system must have:
(1) A liner that is designed, constructed,
and installed to prevent any migration of wastes out of the landfill to the
adjacent subsurface soil or groundwater or surface water at anytime during the
active life (including the closure period) of the landfill. The liner must be
constructed of materials that prevent wastes from passing into the liner during
the active life of the facility. The liner must be:
(i) Constructed of materials that have
appropriate chemical properties and sufficient strength and thickness to
prevent failure due to pressure gradients (including static head and external
hydrogeologic forces), physical contact with the waste or leachate to which
they are exposed, climatic conditions, the stress of installation, and the
stress of daily operation;
(ii)
Placed upon a foundation or base capable of providing support to the liner and
resistance to pressure gradients above and below the liner to prevent failure
of the liner due to settlement, compression, or uplift; and
(iii) Installed to cover all surrounding
earth likely to be in contact with the waste or leachate; and
(2) A leachate collection and
removal system immediately above the liner that is designed, constructed,
maintained, and operated to collect and remove leachate from the landfill. The
Department will specify design and operating conditions in the permit to ensure
that the leachate depth over the liner does not exceed 30 cm (one foot). The
leachate collection and removal system must be:
(i) Constructed of materials that are:
(A) Chemically resistant to the waste managed
in the landfill and the leachate expected to be generated; and
(B) Of sufficient strength and thickness to
prevent collapse under the pressures exerted by overlying wastes, waste cover
materials, and by any equipment used at the landfill; and
(ii) Designed and operated to function
without clogging through the scheduled closure of the landfill.
(b) The owner or
operator will be exempted from the requirements of paragraph (a) of this
section if the Department finds, based on a demonstration by the owner or
operator, that alternative design and operating practices, together with
location characteristics, will prevent the migration of any hazardous
constituents (see Section264.93) into the groundwater or surface water at any
future time. In deciding whether to grant an exemption, the Department will
consider:
(1) The nature and quantity of the
wastes;
(2) The proposed alternate
design and operation;
(3) The
hydrogeologic setting of the facility, including the attenuative capacity and
thickness of the liners and soils present between the landfill and groundwater
or surface water; and
(4) All other
factors which would influence the quality and mobility of the leachate produced
and the potential for it to migrate to groundwater or surface water.
(c) The owner or operator of each
new landfill unit on which construction commences after January 29, 1992, each
lateral expansion of a landfill unit on which construction commences after July
29, 1992, and each replacement of an existing landfill unit that is to commence
reuse after July 29, 1992 must install two or more liners and a leachate
collection and removal system above and between such liners. "Construction
commences" is as defined in 260.10 of this chapter under "existing facility".
(1)
(i) The
liner system must include:
(A) A top liner
designed and constructed of materials (e.g., a geomembrane) to prevent the
migration of hazardous constituents into such liner during the active life and
post-closure care period; and
(B) A
composite bottom liner, consisting of at least two components. The upper
component must be designed and constructed of materials (e.g., a geomembrane)
to prevent the migration of hazardous constituents into this component during
the active life and post-closure care period. The lower component must be
designed and constructed of materials to minimize the migration of hazardous
constituents if a breach in the upper component were to occur. The lower
component must be constructed of at least 3 feet (91 cm) of compacted soil
material with a hydraulic conductivity of no more than 1×
10-7 cm/sec.
(ii) The liners must comply with paragraphs
(a)(1) (i), (ii), and (iii) of this section.
(2) The leachate collection and removal
system immediately above the top liner must be designed, constructed, operated,
and maintained to collect and remove leachate from the landfill during the
active life and post-closure care period. The Department will specify design
and operating conditions in the permit to ensure that the leachate depth over
the liner does not exceed 30 cm (one foot). The leachate collection and removal
system must comply with paragraphs (c)(3) (iii) and (iv) of this
section.
(3) The leachate
collection and removal system between the liners, and immediately above the
bottom composite liner in the case of multiple leachate collection and removal
systems, is also a leak detection system. This leak detection system must be
capable of detecting, collecting, and removing leaks of hazardous constituents
at the earliest practicable time through all areas of the top liner likely to
be exposed to waste or leachate during the active life and post-closure care
period. The requirements for a leak detection system in this paragraph are
satisfied by installation of a system that is, at a minimum:
(i) Constructed with a bottom slope of one
percent or more;
(ii) Constructed
of granular drainage materials with a hydraulic conductivity of 1 ×
10-2 cm/sec or more and a thickness of 12 inches
(30.5 cm) or more; or constructed of synthetic or geonet drainage materials
with a transmissivity of 3 × 10-5
m2/sec or more;
(iii) Constructed of materials that are
chemically resistant to the waste managed in the landfill and the leachate
expected to be generated, and of sufficient strength and thickness to prevent
collapse under the pressures exerted by overlying wastes, waste cover
materials, and equipment used at the landfill;
(iv) Designed and operated to minimize
clogging during the active life and post-closure care period; and
(v) Constructed with sumps and liquid removal
methods (e.g., pumps) of sufficient size to collect and remove liquids from the
sump and prevent liquids from backing up into the drainage layer. Each unit
must have its own sump(s). The design of each sump and removal system must
provide a method for measuring and recording the volume of liquids present in
the sump and of liquids removed.
(4) The owner or operator shall collect and
remove pumpable liquids in the leak detection system sumps to minimize the head
on the bottom liner.
(5) The owner
or operator of a leak detection system that is not located completely above the
seasonal high water table must demonstrate that the operation of the leak
detection system will not be adversely affected by the presence of ground
water.
(d) Department
may approve alternative design or operating practices to those specified in
paragraph (c) of this section if the owner or operator demonstrates to the
Department that such design and operating practices, together with location
characteristics:
(1) Will prevent the
migration of any hazardous constituent into the groundwater or surface water at
least as effectively as the liners and leachate collection and removal systems
specified in paragraph (c) of this section; and
(2) Will allow detection of leaks of
hazardous constituents through the top liner at least as effectively.
(e) The double liner requirement
set forth in paragraph (c) of this section may be waived by the Department for
any monofill, if:
(1) The monofill contains
only hazardous wastes from foundry furnace emission controls or metal casting
molding sand, and such wastes do not contain constituents which would render
the wastes hazardous for reasons other than the Toxicity Characteristics in
R.61-79.261.24 with EPA hazardous waste numbers D004 through D017;
and
(2)
(i)
(A) The
monofill has at least one liner for which there is no evidence that such liner
is leaking;
(B) The monofill is
located more than one-quarter mile from an "underground source of drinking
water" as defined in Department regulation 61-68; and
(C) The monofill is in compliance with
generally applicable groundwater monitoring requirements for facilities with
permits under R.61-79.270, S.C. 44-56-60, or RCRA 3005(c); or
(ii) The owner or operator
demonstrates that the monofill is located, designed and operated so as to
assure that there will be no migration of any hazardous constituent into
groundwater or surface water at any future time.
(f) The owner or operator of any
replacement landfill unit is exempt from paragraph (c) of this section if:
(1) The existing unit was constructed in
compliance with the design standards of section3004(o)(1)(A)(i) and
(o)(5)(o)(1)(A)(i) and (o)(5) of the Resource Conservation and Recovery Act;
and
(2) There is no reason to
believe that the liner is not functioning as designed.
(g) The owner or operator must design,
construct, operate, and maintain a runon control system capable of preventing
flow onto the active portion of the landfill during peak discharge from at
least a 25-year storm.
(h) The
owner or operator must design, construct, operate, and maintain a runoff
management system to collect and control at least the water volume resulting
from a 24-hour, 25-year storm.
(i)
Collection and holding facilities (e.g., tanks or basins) associated with runon
and runoff control systems must be emptied or otherwise managed expeditiously
after storms to maintain design capacity of the system. These surface waters
will be considered as hazardous unless upon analysis the material is determined
not to be hazardous and may be discharged in accordance with a NPDES permit.
(amended 11/90)
(j) If the landfill
contains any particulate matter which may be subject to wind dispersal, the
owner or operator must cover or otherwise manage the landfill to control wind
dispersal.
(k) The owner or
operator will specify in the permit application all design and operating
practices that are necessary to ensure that the requirements of this section
are satisfied and include an estimate with justifying documentation of how long
the facility shall be expected to meet the designed minimum technology
requirements after closure.
(l) The
owner or operator of a landfill which is not exempt from the requirements of
R.61-79.264 Subpart F pursuant to R.61-79.264.90(b)(b)shall maintain at least
ten feet of naturally occurring material with an average permeability of no
more than 1E-06 centimeter per second directly beneath and in contact with the
bottom of the constructed liner system as required under R.61-79.264.301(a) and
(c).
