Current through Bulletin 2024-06, March 15, 2024
(1) Applicability.
(a) Each new and existing solid waste
facility that is required by Section R315-310-1 to get a permit, shall meet the
applicable requirements of Section R315-302-2 or portions of Section R315-302-2 as required by Rule R315-304, R315-305, R315-306, R315-307, R315-312, R315-313,
or R315-314.
(b) Any facility that
stores waste in piles that is subject to the requirements of Rule R315-314
shall meet the applicable requirements of Section R315-302-2.
(c) Any recycling facility or composting
facility subject to the standards of Rule R315-312 shall submit a plan of
operation, to the director, that demonstrates compliance with the applicable
standards of Section R315-302-2 and Rule R315-312.
(i) The submitted plan of operation shall be
reviewed to determine compliance with the applicable standards of Section
R315-302-2 and Rule R315-312.
(ii)
Before the acceptance of waste or recyclable material or beginning operations
at the facility, the owner or operator of a recycling or composting facility
shall receive notice from the director that the plan of operation meets the
applicable standards of Section R315-302-2 and Rule R315-312.
(d) Any transfer station subject
to the standards of Rule R315-313 shall submit a plan of operation to the
director that demonstrates compliance with the applicable standards of Section
R315-302-2 and Rule R315-313.
(i) The
submitted plan of operation shall be reviewed to determine compliance with the
applicable standards of Section R315-302-2 and Rule R315-313.
(ii) Before the acceptance of waste or
beginning operations at the facility, the owner or operator of a transfer
station facility shall receive notice from the director that the plan of
operation meets the applicable standards of Section R315-302-2 and Rule
R315-313.
(e) The
requirements of Section R315-302-2 apply to industrial solid waste facilities
as specified in Rule R315-304.
(f)
A solid waste incinerator facility that meets the quantity limitation of
Subsection R315-306-3(1)(b) shall meet the reporting requirements of Subsection
R315-302-2(4).
(2) Plan
of Operation. Each owner or operator shall develop, keep on file, and abide by
a plan of operation approved by the director. The plan shall describe the
facility's operation and shall convey to site operating personnel the concept
of operation intended by the designer. The plan of operation shall be available
for inspection at the request of the director or the director's authorized
representative. The facility shall be operated in accordance with the plan.
Each plan of operation shall include:
(a) an
intended schedule of construction. Facility permits will be reviewed by the
director no later than 18 months after the permit is issued and periodically
thereafter, to determine if the schedule of construction is reasonably being
followed. Failure to comply with the schedule of construction may result in
revocation of the permit;
(b) a
description of on-site solid waste handling procedures during the active life
of the facility;
(c) a schedule for
conducting inspections and monitoring for the facility;
(d) contingency plans in the event of a fire
or explosion;
(e) corrective action
programs to be initiated if groundwater is contaminated;
(f) contingency plans for other releases, for
example, release of explosive gases or failure of run-off containment
system;
(g) a plan to control
fugitive dust generated from roads, construction, general operations, and
covering the waste;
(h) a plan to
control wind-blown litter that includes equipment and methods to contain
litter, including a schedule and methods to collect scattered litter in a
timely manner;
(i) a description of
maintenance of installed equipment including leachate and gas collection
systems, and groundwater monitoring systems;
(j) procedures for excluding the receipt of
prohibited hazardous waste or prohibited waste containing PCBs;
(k) procedures for controlling disease
vectors;
(l) a plan for an
alternative waste handling or disposal system during periods when the solid
waste facility is not able to dispose of solid waste, including procedures to
be followed in case of equipment breakdown;
(m) closure and post-closure care
plans;
(n) cost estimates and
financial assurance as required by Subsection R315-309-2(3);
(o) a landfill operations training plan for
site operators; and
(p) other
information pertaining to the plan of operation as required by the
director.
(3)
Recordkeeping. Each owner or operator shall maintain and keep, on-site or at a
location approved by the director, the following permanent records:
(a) a daily operating record, to be completed
at the end of each day of operation, that shall contain:
(i) the weights, in tons, or volumes, in
cubic yards, of solid waste received each day, number of vehicles entering, and
if available, the type of wastes received each day;
(ii) deviations from the approved plan of
operation;
(iii) training and
notification procedures;
(iv)
results of groundwater and gas monitoring that may be required; and
(v) an inspection log or summary;
and
(b) other records to
include:
(i) documentation of any
demonstration made with respect to any location standard or
exemption;
(ii) any design
documentation for the placement or recirculation of leachate or gas condensate
into the landfill as allowed by Subsection R315-303-3(2)(b);
(iii) closure and post-closure care plans as
required by Subsections R315-302-3(4) and R315-302-3(7);
(iv) cost estimates and financial assurance
documentation as required by Subsection R315-309-2(3);
(v) any information demonstrating compliance
with Class II Landfill requirements if applicable; and
(vi) other information pertaining to
operation, maintenance, monitoring, or inspections as may be required by the
director.
(4)
Reporting.
(a) Each owner or operator of any
facility, including a facility performing post-closure care, shall prepare an
annual report and place the report in the facility's operating record. The
owner or operator of the facility shall submit a copy of the annual report to
the director by March 1 of each year for the most recent calendar year or
fiscal year of facility operation.
(b) The annual report shall cover facility
activities during the previous year and shall include, at a minimum, the
following information:
(i) name and address of
the facility;
(ii) calendar year
covered by the report;
(iii) annual
quantity, in tons, of solid waste received, according to Subsections
R315-302-2(4)(c) and R315-302-2(4)(d);
(iv) the annual update of the required
financial assurances mechanism pursuant to Subsection R315-309-2(2);
(v) results of groundwater monitoring and gas
monitoring; and
(vi) training
programs or procedures completed.
(c) Since the amount of waste received must
be reported in tons, the following conversion factors shall be used for waste
received that is not weighted on scales.
(i)
Municipal solid waste:
(A) Uncompacted - 0.15
tons per cubic yard; and
(B)
Compacted, delivered in a compaction vehicle, -0.30 tons per cubic
yard.
(ii) Construction
or demolition waste - 0.50 tons per cubic yard.
(iii) Municipal incinerator ash - 0.75 tons
per cubic yard.
(iv) Other ash -
1.10 tons per cubic yard.
(v) Waste
delivered by a resident in a pickup truck or a single axle trailer - 0.25 tons
per vehicle.
(vi) Industrial waste
- a reasonable conversion factor, based on site specific data, developed by the
owner or operator of the facility.
(d) If an owner or operator of a municipal
landfill or a construction or demolition landfill has documented conversion
factors that are based on facility specific data, these conversion factors may
be used to report the amounts of waste when approved by the director.
(e) Each owner or operator of a facility that
treats, transfers, incinerates, or disposes of solid waste, shall submit a
quarterly report by the 15th day of the month
following the end of each quarter, ending March
31st, June 30th,
September 30th, and December
31st.
(i) The
quarterly report shall include:
(A) the name
and address of the facility; and
(B) the quarterly quantity, in tons, of solid
waste received, according to Subsections R315-302-2(4)(c) and
R315-302-2(4)(d).
(ii)
Each owner or operator shall pay fees established in Subsection 19-6-119(6) upon submittal of the quarterly report, except for:
(A) a person who treats, transfers, stores,
or disposes of solid waste from the extraction, beneficiation, and processing
of ores and minerals on the site where the waste was generated.
(5)
Inspections.
(a) The owner or operator shall
inspect the facility to prevent malfunctions and deterioration, operator
errors, and discharges that may cause or lead to the release of wastes to the
environment or to a threat to human health. The owner or operator shall conduct
these inspections with sufficient frequency, no less than quarterly, to
identify problems in time to correct them before they harm human health or the
environment. The owner or operator shall keep an inspection log or summary
including at least the date and time of inspection, the printed name and
handwritten signature of the inspector, a notation of observations made, and
the date and nature of any repairs or corrective action. The log or summary
shall be kept at the facility or other convenient location if permanent office
facilities are not on-site, for at least three years from the date of
inspection. Inspection records shall be available to the director or the
director's authorized representative upon request.
(b) The director or any authorized officer,
employee, or representative of the director may, at any reasonable time and
upon presentation of appropriate credentials, enter any solid waste facility
and inspect the property, records, monitoring systems, activities and
practices, or solid waste being handled for ascertaining compliance with Rules
R315-301 through R315-320 and the approved plan of operation for the facility.
(i) The inspector may conduct monitoring or
testing, or collect samples for testing, to verify the accuracy of information
submitted by the owner or operator or to ensure that the owner or operator is
in compliance. The owner or operator may request split samples and analysis
parameters on any samples collected by the inspector.
(ii) The inspector may use photographic
equipment, video camera, electronic recording device, or any other reasonable
means to record information during any inspection.
(iii) The results of any inspection shall be
furnished promptly to the owner or operator of the facility.
(6) Recording with the
County Recorder.
Before 60 days after certification of closure, the owner or
operator of a solid waste disposal facility shall:
(a) submit plats and a statement of fact
concerning the location of any disposal site to the county recorder to be
recorded as part of the record of title; and
(b) submit proof of record of title filing to
the director.