Sections 1 and 2 of these Solid Waste Regulations are applicable to all waste impoundments and ancillary equipment associated with a waste impoundment, unless specifically otherwise noted herein. Sections 1 and 2 of these Solid Waste Regulations do not apply to the impoundments exempted in Section 9.1.2(A)(1), (3), (4), (6), (7), (8), (10), (11), (13), (14), (15), (16) and (17). For ease of use, this Section 9 includes those Section 2 requirements that usually apply to the operation of waste impoundments; however, there may be unique features at a particular facility that trigger additional site-specific Section 2 requirements not referenced in this Section 9.
Facilities subject to this Section 9 must obtain a certificate of designation (CD) unless otherwise exempt per Section 30-20-102, C.R.S., or these Regulations. The CD will include, at a minimum, the engineering, design and operations plan (EDOP) for the facility required by this Section 9. Facilities that require a CD must follow the CD application process in Section 30-20-103, C.R.S., and these Regulations. See section 1.6 of these Solid Waste Regulations.
Facilities subject to this Section 9, but exempt from the requirement to obtain a CD, must provide an EDOP to the Department for review and approval prior to implementation. Nothing in this section shall preclude any review action that may be required by the local governing authority under appropriate local ordinance or rule. See sections 1.3.9 and 1.4.1 of these Solid Waste Regulations.
Section 30-20-100.5(1)(a), C.R.S. provides that proper disposal of solid wastes is a matter of mixed statewide and local concern. Because a facility may also need to comply with applicable local requirements in addition to this Section 9, facilities should check with the local governing authority for their submittal, notification, and approval requirements. The phrase "Department and local governing authority approval, as appropriate," as used in this Section 9 acknowledges that the Solid Waste Act and Regulations establish dual jurisdiction over solid waste. Facilities should review Title 30, Article 20, Part 1, C.R.S., and the Solid Waste Regulations to determine which authorities apply.
Compliance with this Section 9 shall not relieve the facility owner or operator from the obligation to comply with the facility's CD and any other applicable federal, state or local statute, regulation, requirement or ordinance.
The impoundment types that are preclassified as Type A are not subject to Sections 9.1.7, 9.1.8, 9.1.9, and 9.3. The impoundment types preclassified as Type A are subject to Section 9.2.
Classification of waste impoundments, as described below, is based upon the potential for environmental threat, as determined by evaluating the waste stream characteristics and the site setting of the facility. For purposes of this Section 9, waste impoundments are classified without regard to the engineering or operational controls that may already exist or be proposed at the facility. This Section 9 includes two classes of waste impoundments, defined according to potential impact to ground water.
Type B waste impoundments pose risk of adverse impact to ground water, based on the waste type, site setting. Any facility not satisfying the Type A criteria above or not otherwise exempt in Section 9.1.2 is a Type B waste impoundment.
The following compliance schedules apply to certain waste impoundments:
This section applies to existing facilities, except those that are preclassified under Section 9.1.3 and those listed in Section 9.1.7(A).
Existing facilities are required to inventory the impoundments at their facility and propose a classification for each impoundment subject to Department approval. New facilities not receiving waste prior to the effective date of this Section 9 must propose waste impoundment classifications as part of their certificate of designation application, or as part of their engineering design and operation plan submittal, as appropriate.
The IPCR shall include a brief description of all waste impoundments identified at the facility. In addition, for each waste impoundment having sufficient information readily available in order to classify the impoundment, the IPCR should propose a preliminary classification according to the Type A or Type B categories described above. For waste impoundments not having sufficient information on which to propose a preliminary classification, the IPCR will state that fact. In cases of insufficient information, the facility must submit a Demonstration Plan pursuant to Section 9.1.8(B) below after receiving a written determination on the IPCR from the Department.
For each waste impoundment that the facility has attempted to classify, the Department will determine whether the information provided in support of the proposed classification is adequate. This written determination will constitute a final agency action subject to appeal. Facilities obtaining an approved IPCR that was successful in classifying all waste impoundments at the facility may skip 9.1.8(B) below and proceed to development of an engineering design and operation report, if necessary.
The following design criteria apply to a Type A waste impoundment.
The owner or operator of a Type A waste impoundment shall establish and maintain financial assurance in accordance with Section 4 of these Solid Waste Regulations.
The Department, as deemed necessary, may utilize self-certification checklists in conjunction with their inspections. Any facility that receives a self-certification checklist from the Department must complete the checklist and return it to the Department. Submission of a completed self-certification checklist will substitute for submission of an Annual Report, as required in Section 9.2.4 below.
Submittal of a self-certification checklist for a particular year will substitute for that year's annual report.
The design and operation of Type B waste impoundments must not cause exceedances of BSGWs/App. B at the point(s) of compliance. The extent of engineering and operational controls necessary to satisfy this requirement will vary considerably from facility to facility depending on the potential for groundwater impact. Engineering Design and Operation Plans (EDOP; see Section 9.3.4) have the flexibility to include only the requirements applicable to the unique combination of site setting and waste characteristics at an impoundment. Type B waste impoundment facilities may request alternative, equally protective measures.
Attaining the BSGW/App. B at the point of compliance may be achieved through a prescriptive liner or performance-based alternative design. Performance-based design allows existing facilities to use existing liner systems if those systems can be successfully demonstrated to reasonably ensure groundwater protection, given the unique interplay of waste characteristics, site construction and site setting. New facilities may employ performance-based design to show that a liner system other than a prescriptive liner will be sufficient to meet the design objective of attaining BSGWs/App. B at the point(s) of compliance.
Type B Waste Impoundments shall comply with the following.
Waste impoundment design and operation can utilize either prescriptive or performance-based alternative liner designs that, in conjunction with waste characteristics and site setting, ensures attaining BSGWs/App. B at the point(s) of compliance, taking into consideration background concentrations. It is recommended that the liner design also consider the constructability, operation and maintenance of the waste impoundment. This will facilitate selecting the design approach and optimizing the design specific elements and features.
Each waste impoundment shall be lined with a composite liner, a double liner system, or an alternate liner system of performance based alternative design. In addition, the facility design must include leak detection monitoring. The owner or operator of the facility shall demonstrate to the Department that the design developed for the facility will comply with this Section 9 and Sections 1 and 2 of these Solid Waste Regulations, and with BSGW/App. B.
Note: The Department has guidance on construction quality assurance and as-built documentation on the Department's website, http://www.cdphe.state.co.us/hm/sw/swpubs.htm.
However, if a problem comes to light during Department review and prior to approval of the construction certification report, a compliance schedule will have to be developed for implementation of any corrective actions needed.
The construction certification report shall certify that the construction has been completed in accordance with the facility's approved EDOP and approved QA/QC Plan. The construction certification report shall be signed and sealed by a Colorado registered professional engineer approved by the Department prior to the acceptance of waste. Construction certification reports shall be developed, approved and implemented for all engineered structures and ancillary equipment used to manage solid waste at the facility.
The owners or operator shall operate a Type B Waste Impoundment in accordance with the approved EDOP.
Waste impoundments accepting only wastes generated on-site shall initially profile each waste stream entering the impoundments and then update the profile as necessary to account for significant changes to the waste generation process. For those Type B waste impoundments accepting potential TENORM waste, the waste profile must include characterization for TENORM radionuclides. Existing facilities may use the Demonstration Report to establish the initial waste profile.
The owner or operator of each Type B waste impoundment shall submit an engineering design and operation plan (EDOP) to the Department for review and approval, per the schedule in Section 9.1.9 for existing waste impoundments, and prior to commencing impoundment construction, storage, treatment or disposal operations for new impoundments. The EDOP shall describe how the facility will comply with all applicable requirements in these Solid Waste Regulations. Facilities may use existing general, design, construction and operating documentation to satisfy these requirements.
The EDOP shall include the following subject areas, as appropriate. Given the diverse nature of waste impoundment facilities, not all of the following information will pertain to every facility.
Not all of the requirements below will apply to facilities disposing of or managing their own waste on their own property. Such facilities may note in their EDOP any of the requirements below that are not applicable.
For facilities receiving third party wastes, waste characterization results indicating excursions from the facility's approved plans, such as inadvertent receipt of unapproved wastes, shall trigger notification in writing to the Department within seven (7) calendar days after receipt of such results by the owner or operator.
The owner or operator of the facility shall notify the Department within 24 hours of conditions not in substantive compliance with the approved design and operations plan and/or any situation that could cause a violation of the approved operations plan (e.g. major precipitation events, fire, other examples of force majeure). The facility shall remedy the situation as soon as possible, implement contingency plans as appropriate, and notify the Department again following any corrective actions.
6 CCR 1007-2-9