Ariz. Admin. Code § 18-13-802

Current through Register Vol. 30, No. 44, November 1, 2024

Section R18-13-802 - Disposal General Permit: Non-municipal Solid Waste Landfills at Mining Operations

A. This general permit is adopted pursuant to A.R.S. § 49-706 as an alternative to plan approvals for facilities identified in A.R.S. § 49-762(A)(1). This general permit authorizes disposal of solid waste in a landfill at a mining operation if the landfill meets one of the following criteria:

1. The landfill is identified as a discharging facility in an area-wide aquifer protection permit and is located within the pollutant management area developed for that permit; or

2. The landfill is located within the pollutant management area of an area-wide aquifer protection permit but is exempt from the permit requirement because it contains only inert material as defined in A.R.S. § 49-201; or

3. The landfill is located at a site qualifying as a groundwater protection permit facility as defined in A.R.S. § 49-241.01(C) and the site has submitted an administratively complete application for an aquifer protection permit that has not been denied. Landfills that are located at mining operations and that are subject to best management practices under A.R.S. § 49-762.02(6) are required to comply with those practices and do not require coverage under this general permit.

B. Authorized and prohibited materials.

1. Disposal of the following is allowed under this general permit:

a. Solid waste generated at the mining operation where the landfill is located; and

b. Incidental amounts of putrescible waste generated at the mining operation where the landfill is located. For the purposes of this Section, "putrescible waste" means solid waste which contains organic matter capable of being decomposed by microorganisms and of such a character and proportion as to be capable of attracting or providing food for birds.

2. Disposal of the following is prohibited under this general permit:

a. Used oil as defined in A.R.S. § 49-801(3).

b. Human excreta as defined in R18-13-1102.

c. Special waste as defined in A.R.S. § 49-851(A)(5).

d. Biohazardous medical waste as defined in R18-13-1401.

e. Radioactive waste material regulated for disposal pursuant to Title 12, Chapter 1 of the Arizona Administrative Code.

f. Hazardous waste as defined in A.R.S. § 49-921(5), including hazardous waste generated by a conditionally exempt small quantity generator.

g. Bulk or noncontainerized liquid waste.

h. Waste containing polychlorinated biphenyls regulated for disposal pursuant to 40 CFR 761.

C. A person may operate a landfill at a mining operation under this general permit if:

1. Operation of the landfill complies with the requirements of this Section;

2. The person files a Notice of Intent to Operate that complies with subsections (D) and (E);

3. The person satisfies any requests for additional information from the Department regarding the Notice of Intent to Operate or landfill operation and receives a written Authorization to Operate from the Director; and

4. The person submits the applicable fee established in R18-13-801 for the Disposal category.

D. Notice of Intent to Operate. An applicant shall submit to the Department a Notice of Intent to Operate under this general permit. The Notice shall contain:

1. The name, address, and telephone number of the applicant;

2. The name, address, and telephone number of a contact person familiar with the operation of the facility;

3. The legal description of the landfill area, latitude and longitude coordinates, a detailed figure(s) showing both the existing landfill boundary and the anticipated future waste footprint of the landfill at the time of closure, and a map showing the location of the landfill within the mining operation;

4. A description of how the applicant will meet the public access restrictions in subsection (H)(3);

5. A description of how the applicant will meet the cover requirements in subsection (H)(4);

6. A description of how the applicant will meet the methane requirements in subsection (H)(5). For landfills that have accepted waste prior to the effective date of this Section only, the applicant shall include recent methane monitoring sampling results from either:

a. One (1) measurement per acre of landfill waste footprint; or

b. A minimum of four (4) monitoring probes installed to the depth of refuse around the perimeter of the landfill and measured quarterly for the presence of methane gas for a period of one (1) year;

7. A narrative description of the landfill, including whether the landfill is existing or planned, the acreage of the current and planned waste footprint, estimated disposal capacity in cubic yards, expected lifespan, projected rate of waste disposal in tons per day or per week, and sources of solid waste generation;

8. A listing of any other federal or state environmental permits issued for or needed by the landfill, including any individual plan approval, APP, Groundwater Quality Protection Permit, or Notice of Disposal; and

9. A signature on the Notice of Intent to Operate certifying that the applicant agrees to comply with all terms of this general permit.

E. Existing facility application deadline. Existing facilities that qualify for coverage under subsections (A)(1), (A)(2), or (A)(3) on the effective date of this rule shall submit a Notice of Intent to Operate within 2 years of the effective date of this rule to obtain coverage. The Director may extend this date in individual cases if the facility could not have submitted an administratively complete Notice in time with reasonable diligence.

F. Authorization review.

1. Inspection. The Department may inspect the facility to determine that the applicable terms of this general permit are being met.

2. Authority to Operate issuance.

a. If the Department determines, based on its review and an inspection, if conducted, that the facility conforms to the requirements of this general permit, the Director shall issue an Authority to Operate.

b. The Authority to Operate authorizes the person to operate the landfill under the terms of this general permit.

3. Authority to Operate denial. If the Department determines, based on its review and an inspection, if conducted, that the facility does not conform to the requirements of this general permit, the Director shall notify the person of the decision not to issue the Authority to Operate and the person shall not operate the landfill under this general permit. The notification shall inform the person of:

a. The reason for the denial with reference to the statute or rule on which the denial is based;

b. The person's right to appeal the denial, including the number of days the applicant has to file a protest challenging the denial and the name and telephone number of the Department contact person who can answer questions regarding the appeals process; and

c. The person's right to request an informal settlement conference under A.R.S. §§ 41-1092.03(A) and 41-1092.06.

G. Statutory requirements. The landfill shall be:

1. Located according to the applicable location restrictions in A.R.S. § 49-772; and

2. Subject to a restrictive covenant recorded pursuant to A.R.S. § 49-771.

H. Operational requirements.

1. Inspect the landfill at least quarterly and after large storm events for overall integrity and condition of the facility, including stormwater diversions, and conduct maintenance and repairs as needed. For the purposes of this Section, a "large storm event" is defined as one-half inch of precipitation in any 24-hour period.

2. Direct storm water runoff from surrounding areas away from the landfill.

3. Restrict public access to the landfill or to the mining operation site by signs or physical barriers, including natural barriers.

4. Apply cover at such frequencies and in such a manner as to control windblown dispersion of waste, reduce the risk of fire and impede disease vectors' access to the waste, taking into account the types and volumes of waste placed in the landfill, the frequency of disposal, and other relevant considerations. The Department may allow other techniques that are demonstrated to be equally protective as applying cover material.

5. Concentrations of methane gas shall not exceed 25% of the lower explosive limit in facility structures within 100 feet of the landfill boundary and shall not exceed the lower explosive limit beyond the landfill boundary.

6. Methane monitoring.

a. For landfills that have accepted waste prior to the effective date of this Section only, the applicant shall include recent methane monitoring data as described in subsection (D)(6) with the Notice of Intent to Operate.

i. If the data demonstrate that concentrations of methane gas do not exceed 25% of the lower explosive limit, then no methane monitoring is required in order to operate under this permit.

ii. If the data demonstrate that concentrations of methane gas exceed 25% of the lower explosive limit, then annual methane monitoring using one of the data gathering methods described in subsection (D)(6) is required in order to operate under this permit. Results of such annual methane monitoring shall be submitted to the Department.

(1) A person operating a landfill subject to annual methane monitoring may reduce monitoring to once every five years if the results of three consecutive annual sampling events demonstrate that concentrations of methane gas do not exceed 25% of the lower explosive limit.

(2) A person operating a landfill subject to annual methane monitoring may request the Department to reduce or eliminate such monitoring based on any other methods approved by the Department, including consideration of the potential for methane gas to be present in facility structures within 100 feet of the landfill boundary at concentrations exceeding 25% of the lower explosive limit. b. For landfills that have not accepted waste prior to the effective date of this Section, no methane monitoring is required in order to obtain coverage or operate under this permit.

7. Maintain an operating record that documents compliance with the conditions in this permit.

I. Recordkeeping. A permittee shall maintain the following information for at least 10 years and make it available to the Department upon request:

1. Landfill construction drawings and as-built plans, if available;

2. The operating record required by subsection (H)(7); and

3. Methane monitoring results, if any, obtained under subsection (H)(6).

J. Reporting requirements. A permittee shall report the following to the Department:

1. Methane monitoring concentrations that exceed those listed in subsection (H)(5) within 7 days of the determination.

2. A change in ownership or expansion of the planned waste footprint as soon as practicable. These events shall require the filing of a new Notice of Intent to Operate.

K. General applicability. Landfills covered under this general permit:

1. Are not subject to rules adopted by the Department under A.R.S. § 49-761.

2. Are exempt from the solid waste facility plan requirements in A.R.S. §§ 49-762.03 and 49-762.04 as provided in A.R.S. § 49-762(B).

L. For the purposes of this Section, "mining" has the definition at A.R.S. § 27-301.

Ariz. Admin. Code § R18-13-802

New section made by final rulemaking at 20 A.A.R. 2679, effective 11/9/2014.