6 Colo. Code Regs. § 1007-2-2

Current through Register Vol. 47, No. 11, June 10, 2024

Section 6 CCR 1007-2-2 - MINIMUM STANDARDS

2.1SITE AND FACILITY STANDARDS. All solid waste disposal sites and facilities shall comply with the following standards:

2.1.1 Sites and facilities shall comply with the health laws, standards, rules, and regulations of the Department, the Water Quality Control Commission, the Air Quality Control Commission, and all applicable local laws and ordinances.

2.1.2

(A) Sites and facilities shall not knowingly receive any hazardous waste.

(B) Owners and operators of all solid waste disposal sites and facilities shall implement a program at the facility for detection and the prevention of the disposal of polychlorinated biphenyl (PCB) wastes and hazardous wastes. This program must include:

(1) Random inspections of incoming loads unless the owner or operator takes other steps to ensure that incoming loads do not contain such wastes;

(2) Records of any inspections;

(3) Training of facility personnel to recognize these wastes; and

(4) Notification of the Department if these wastes are discovered at the site and facility. Upon receipt of such notification, the Department, after consultation with the local governing body having jurisdiction, may require that the ground water monitoring program of the site and facility be altered to include adequate monitoring for parameters that would detect the release of the hazardous waste or wastes disposed of on site.

(C) All sites and facilities, requiring a certificate of designation, shall have a waste characterization and disposal plan approved by the Department and in use for such site and facility. The plan shall outline waste screening methodologies, appropriate waste handling procedures, and waste exclusion procedures which shall be implemented at each facility. The plan shall:

(1) Describe the responsibility of the waste generator in determining if the generator's waste is a hazardous waste pursuant to the Colorado Hazardous Waste Regulations, 6 CCR 1007-3, Part 261. Such determination may be made by:

(i) Testing the waste according to the methods set forth in Subpart C of Part 261 or according to an equivalent method approved by the Department under Section 260.21; or

(ii) Applying knowledge of the hazard characteristic of the waste in light of the materials or the processes used.

(2) Include the site and facility's owner or operator's evaluations, screening methods, and documentation procedures regarding the generator's waste characterization determination.

(3) Include an identification of the waste streams requiring specific waste handling and/or disposal methods; and

(4) Include a contingency plan developed for handling any hazardous waste that is inadvertently discovered.

(5) Include:

i) provisions for excluding waste that is TENORM above the exempt limits established in 6 CCR 1007-1, Part 20.4; or

ii) for solid waste disposal sites and facilities that are registered under 6 CCR 1007-1, Part 20, provisions for ensuring TENORM disposed at the facility does not exceed the licensing levels in 6 CCR 1007-1, Part 20; and

iii) a contingency plan for handling of TENORM waste inadvertently accepted that are above the levels set forth in (i) or (ii) as appropriate per the levels specified in the facility's approved plans.

(D)

(1) Existing sites and facilities for which a certificate of designation has been obtained by [the effective date of these regulation amendments] must submit a waste characterization plan pursuant to the Section 2.1.2(c) within [three months after the effective date of this amendment] for approval by the Department. Such plan shall also be provided to the local governing body having jurisdiction within [three months of the effective date of this regulation]. Nothing in this Subsection (D), including the Department's approval of any such waste characterization plan, shall affect the terms or conditions of any existing certificate of designation, and such existing terms and conditions shall remain enforceable by the local governing body having jurisdiction.

(2) However, all approved sites and facilities with a certificate of designation before (the effective date of this regulation) that have submitted a plan or other document containing information required by subsection 2.1.2(C) to the Department prior to the [effective date of this regulatory proposal and subsequent to October 9, 1993] and received approval from the Department for such plan or document prior to [the effective date of this regulatory proposal] shall not be required to submit a new waste characterization plan pursuant to this Subsection (D). The Department may require such a site and facility to amend any such previously approved plan or submit a new waste characterization plan if the definition of solid waste in Section 1.2 of these regulations or the definition of hazardous waste pursuant to 6 CCR 1007-3, Part 261 is revised.

(E) All waste characterization plans for new facilities shall incorporate the waste characterization plan into the engineering design and operation report included in the site and facility's application for a certificate of designation pursuant to the procedures described in Section 1.6 of these regulations.

2.1.3 Nuisance conditions shall not exist at or beyond the site boundary. All reasonable measures shall be employed to collect, properly contain, and dispose of scattered litter including frequent policing of the area, and the use of wind screens where necessary. The facility shall be managed in such a manner that noise, dust and odors do not constitute a hazard to human health. The facility shall be managed in such a manner that the attraction, breeding and emergence of birds, insects, rodents and other vectors do not constitute a health hazard.

2.1.4 Water pollution shall not occur at or beyond the point of compliance.

2.1.5 No significant aquifer recharge areas, as may be designated by the Colorado State Engineer's office or the Department's Water Quality Control Commission, shall be adversely impacted by solid waste disposal.

2.1.6 Sites and facilities shall, design, construct, and maintain:

(a) A run-on control system to prevent flow onto the active facility during the peak discharge from a 25-year, 24-hour storm, and

(b) A run-off control system to:

(1) collect the water volume resulting from a 25-year, 24-hour storm event and

(2) control the water volume resulting from a 100-year, 24-hour storm event. (See also Section 2.5.7).

2.1.7 Sites and facilities shall be adequately fenced or secured to prevent waste material and debris from leaving the site. Waste material and debris shall not accumulate along the fence line and shall be collected regularly and placed into the fill.

2.1.8 Sites and facilities shall control public access, prevent unauthorized vehicular traffic, provide for site security both during and after hours, and prevent illegal dumping of wastes. Effective artificial barriers, or natural barriers, or both may be used in lieu of fencing.

2.1.9 Solid wastes deposited at any site and facility shall not be burned, other than by incineration in accordance with a certificate of designation issued pursuant to C.R.S. 30-20-110(f) of the Act. The Department may authorize, in extreme emergencies, the supervised burning of large quantities of combustible materials, such as agricultural wastes, silvicultural wastes, land clearing debris, diseased trees, or debris from emergency cleanup operations.

2.1.10 Sites and facilities for final disposal shall provide adequate cover as described in Section 3.3.5, prevent ponding of water, wind erosion and water pollution. In the operation of a site and facility, the solid wastes shall be distributed in the smallest area consistent with handling traffic to be unloaded. The solid wastes shall be placed in the most dense volume practicable using compaction or another method approved by the Department.

2.1.11 Sites and facilities shall have a minimum of windblown debris. The facility shall cease operations during periods when high wind warnings as defined in Section 1.2 are verified on-site. If the facility has no wind velocity measuring device, closure decisions shall be based on readings obtained hourly by the facility operator from the nearest national weather service office or other location approved by the Department with concurrence from the local governing body having jurisdiction.

2.1.12 Landfills shall not accept raw sludges from wastewater treatment plants, septic tank pumpings, or chemical toilet wastes, without approval from the governing body having jurisdiction and the Department.

2.1.13 Sludges shall not be co-disposed with other solid wastes at the working face of sanitary landfills without approval from the governing body having jurisdiction and the Department.

2.1.14 No facility may accept for disposal, liquid wastes or wastes containing free liquids without approval from the governing body having jurisdiction and the Department.

2.1.15 Solid waste disposal sites and facilities shall comply with the ground water protection standards at the relevant point of compliance as defined in Section 1.2 and the owner/operator shall make a demonstration of compliance.

2.1.16 Sites and facilities where final disposal is performed shall, upon being filled, be left in a condition of orderliness and good aesthetic appearance and capable of blending with the surrounding area.

2.1.17 Solid waste disposal sites and facilities shall not place wastes below or into surface or ground water. This practice is prohibited on and after the effective date of these regulations.

2.1.18

(A) If the owner or operator of a solid waste disposal site and facility observes, or is made aware of a condition or event which is likely to cause a release or has caused a release of a substance containing a parameter identified in the facility detection monitoring program pursuant to Appendix B4 and that such condition or event is likely to cause a statistically significant increase over background, the owner or operator shall notify the department and the local governing body having jurisdiction in writing within ten (10) days.

(B) Notifications made under this subsection shall be made part of the operating record of each solid waste disposal site and facility.

(C) The procedure and timing for activities after the initial notification per 2.1.18(A) shall follow Appendix B4(C) and Appendix B5."

2.2GROUND WATER MONITORING

2.2.1 A solid waste disposal site and facility which has not received a specific waiver from ground water monitoring requirements of these regulations as provided in Appendix B or Section 1.5, shall implement a ground water monitoring program in conformance with Appendix B, Sections B1 through B8 of these regulations. The monitoring requirements shall be developed and implemented at the solid waste disposal site and facility. After consultation with the local governing body having jurisdiction, the Department shall review and may approve or deny the monitoring program developed as a result of the requirements set forth in Appendix B. Once approved, the owner or operator shall implement the monitoring plan at the site.

(A) A ground water monitoring system shall be installed in conformance with Appendix B, Section B2.

(B) The ground water shall be sampled and analyzed in conformance with Appendix B, Section B3.

(C) A detection monitoring system shall be implemented in conformance with Appendix B, Section B4.

(D) If statistically significant increases over background have been determined, in conformance with Appendix B, Section B3, assessment monitoring shall be implemented in conformance with Appendix B, Section B5.

(E) Statistically significant increases of Appendix I and Appendix II constituents shall trigger an assessment of interim measures and corrective measures in conformance with Appendix B, Section B6.

(F) Selection of remedy and implementation of the corrective action program shall be implemented in conformance with Appendix B, Sections B7 and B8.

(G) The list of chemical constituents which shall form the basis of monitoring and analyses during detection, assessment and corrective action at solid waste disposal sites and facilities other than MSWLFs will be determined on a case-by-case basis depending on the wastes received by the facility. To have an alternate list of chemical constituents approved for a site and facility, the owner or operator must demonstrate to the Department that the utilization of the alternate list during detection, assessment or corrective action will be as protective for that specific site and the waste streams received as the requirements specified for MSWLFs in these regulations.

2.3EXPLOSIVE GASES

The owners or operators of all solid waste disposal sites and facilities which may generate explosive gases shall monitor for explosive gases.

2.3.1 The concentration of explosive gases generated by the facility for solid waste disposal shall not exceed:

(A) Twenty-five percent [25%] of the lower explosive limit (LEL) (one percent [1%] by volume in air for methane) within facility structures (excluding gas control or recovery systems); and

(B) At the boundary, the lower explosive limit which is five percent (5%) by volume in air for methane.

2.3.2 Owners or operators shall implement a routine monitoring program for explosive gases. The type and frequency of monitoring must be determined based on the following factors:

(A) Soil conditions;

(B) The hydrogeologic conditions surrounding the facility;

(C) The hydraulic conditions surrounding the facility; and

(D) The location of facility structures and property boundaries.

(E) The minimum frequency of monitoring shall be quarterly.

2.3.3 If explosive gas levels are detected exceeding the limits specified in Section 2.3.1, the owner or operator shall notify the Department and the local governing body having jurisdiction and:

(A) Immediately take all necessary steps to ensure protection of human health;

(B) Within seven (7) days of detection, place in the operating record documentation of the explosive gas levels detected and a description of the actions taken; and

(C) Wthin sixty (60) days of detection, implement an approved remediation plan, place an approved copy of the plan in the operating record, and notify the Department and the local governing body having jurisdiction that the plan has been implemented. The plan shall describe the nature and extent of the problem and the proposed remedy.

(D) The Department after consultation with the local governing body having jurisdiction may establish alternative schedules for demonstrating compliance with Subsection 2.3.1 (A) and (B) of this section.

2.3.4 All explosive gas monitoring points shall be installed in accordance with applicable rules and regulations of the "Water Well and Pump Installation Contractor's Act", Title 37, Article 91, Part 1, CRS as amended.

2.4RECORDKEEPING

2.4.1 All operating records shall be part of the engineering design and operation report and shall be maintained at the facility, unless otherwise approved by the Department.

2.4.2 The owner or operator of a solid waste disposal site and facility shall record and retain in an operating record the following information as it becomes available:

(A) Location restriction demonstration required under Section 3.1;

(B) Inspection records, and training procedures;

(C) Gas monitoring results from monitoring and any remediation plans required by Section 2.3;

(D) Design documentation for controlling leachate or gas condensate;

(E) Demonstrations, certifications, findings, data or documents required by Section 2.2;

(F) Closure and post closure care plans and any monitoring, testing, or analytical data as required by Section 2.5 and 2.6;

(G) Cost estimates and financial assurance documentation required by Section 4; and (H) Information demonstrating compliance with waivers as required by Section 1.5.

2.4.3 The owner or operator must notify the Department and the local governing body having jurisdiction when the documents required by this section have been placed or added to the operating record. All information contained in the operating record must be furnished upon request or be made available at all reasonable times for inspection by the governing body having jurisdiction or the Department.

2.5CLOSURE OF SOLID WASTE DISPOSAL SITES AND FACILITIES

2.5.1 Sites and facilities shall be closed in accordance with the Act, and these regulations.

2.5.2 No person shall close a solid waste disposal site and facility without notifying the Department and the governing body having jurisdiction in writing at least sixty (60) days in advance of the closure date.

2.5.3 The operator of a solid waste disposal site and facility shall notify the general public at least sixty (60) days in advance of the proposed closure date by placing signs of suitable size at the entrance to the site and facility.

2.5.4 Precautions shall be taken to prevent further use of the site and facility for unauthorized disposal.

2.5.5 Water pollution shall not occur at or beyond the point of compliance after closure.

2.5.6 Nuisance conditions shall not exist at or beyond the site boundary after closure (see also 2.1.3).

2.5.7 Permanent surface water diversion structures remaining after closure shall control run-on and run-off from the 100 year, 24-hour storm event.

2.5.8 The owner or operator shall prepare a closure plan for approval by the Department after consultation with the local governing body having jurisdiction. The approved plan shall be placed in the operating record.

2.5.9 The owner or operator must begin closure activities of each disposal phase no later than thirty (30) days after final waste grades are reached. Extensions beyond the thirty (30) day deadline for beginning closure may be granted by the Department and the local governing authority if the owner or operator demonstrates that all steps necessary to prevent threats to human health and the environment from the active disposal phase will be taken.

2.6POST-CLOSURE CARE AND MAINTENANCE STANDARDS

2.6.1 The owner or operator of all solid waste disposal sites and facilities shall prepare a written post-closure plan to be approved by the Department after consultation with the local governing body having jurisdiction and shall place it in the operating record.

2.6.2 For MSWLFs, the post-closure care period shall be established by the Department and the governing body having jurisdiction per Section 3.6, shall be based on the operating history of the site, and shall be at least thirty (30) years. The post-closure care period for solid waste disposal sites and facilities other than MSWLFs will be established by the Department and the governing body having jurisdiction.

6 CCR 1007-2-2

37 CR 17, September 10, 2014, effective 9/30/2014

37 CR 24, December 25, 2014, effective 1/14/2015

38 CR 11, June 10, 2015, effective 6/30/2015

38 CR 23, December 10, 2015, effective 12/30/2015

39 CR 23, December 10, 2016, effective 12/30/2016

39 CR 23, December 25, 2016, effective 12/30/2016

40 CR 05, March 10, 2017, effective 4/14/2017

40 CR 21, November 10, 2017, effective 1/1/2018

40 CR 21, November 10, 2017, effective 3/1/2018

41 CR 06, March 25, 2018, effective 4/14/2018

41 CR 11, June 10, 2018, effective 6/30/2018

41 CR 11, June 10, 2018, effective 7/15/2018

41 CR 24, December 25, 2018, effective 1/14/2019

42 CR 06, March 25, 2019, effective 4/14/2019

42 CR 11, June 10, 2019, effective 6/30/2019

42 CR 21, November 10, 2019, effective 11/30/2019

43 CR 06, March 25, 2020, effective 4/14/2020

43 CR 12, June 25, 2020, effective 7/15/2020

43 CR 18, September 25, 2020, effective 10/15/2020

43 CR 24, December 25, 2020, effective 1/14/2021

44 CR 24, December 25, 2021, effective 1/14/2022

45 CR 17, September 10, 2022, effective 9/30/2022

45 CR 23, December 10, 2022, effective 12/30/2022