Idaho Admin. Code r. 58.01.06.013

Current through September 2, 2024

Section 58.01.06.013 - APPLICABLE REQUIREMENTS FOR TIER III FACILITIES

The owner and operator of a Tier III facility shall establish compliance with the requirements of Section 013 by obtaining Department approval of the applications required in Subsection 013.02 before beginning construction and Subsection 013.04 prior to accepting waste. The owner and operator of a Tier III facility shall meet the requirements of Subsection 012.07 prior to facility closure.

01.General Siting Requirements. The owner and operator of a Tier III facility shall comply with the following siting requirements:

a. Flood Plain Restriction. A facility shall not be located within a one hundred (100) year flood plain if the facility will restrict the flow of the one hundred (100) year flood, reduce the temporary water storage capacity of the flood plain, or result in a washout of solid waste so as to pose a hazard to human health and the environment.

b. Endangered or Threatened Species Restriction. The facility shall not cause or contribute to the taking of any endangered or threatened species of plants, fish, or wildlife or result in the destruction or adverse modification of the critical habitat of endangered or threatened species as identified in 50 CFR Part 17.

c. Surface Water Restriction. The active portion of a facility shall be located such that the facility shall not cause contamination of surface waters, unless such surface waters are an integral part of the non-municipal solid waste management facility's operation for storm water and/or leachate management.

d. Ground Water. The active portion of the facility shall be located, designed and constructed such that the facility shall not cause contamination to a drinking water source or cause contamination of ground water.

e. Geologic Restrictions. No facility may be located on land that would threaten the integrity of the design.

f. Property Line Restriction. The active portion of a facility shall not be located closer than one hundred (100) feet to the property line.

g. Park, Scenic or Natural Use Restriction. The active portion of a facility shall not be located closer than one thousand (1,000) feet from the boundary of any state or national park, or land reserved or withdrawn for scenic or natural use including, but not limited to, wild and scenic areas, national monuments, wilderness areas, historic sites, recreation areas, preserves and scenic trails.

h. Variance from Siting Requirement. Any facility that does not meet the siting requirements of Section 013 may apply for a variance from the Department. The Department may approve a written request for a variance provided the owner and operator demonstrate to the Department that the variance is at least as protective of public health and the environment as the siting requirements in Section 013.

02.Siting Application. Documentation shall be submitted to the Department demonstrating compliance with the siting requirements and restrictions specified in Subsection 013.01 within the time frames specified in Section 013. If the documentation has been certified by a qualified professional, the Director shall approve the siting application unless the Director finds the evidence supports a contrary opinion. A map indicating the following shall also be submitted to the Department as part of a Siting Application:

a. Highways, roads, and adjacent communities;

b. Property boundaries;

c. Total acreage of the site;

d. Off-site and on-site access roads and service roads;

e. Type(s) of land use adjacent to the facility and a description of all facilities on the site;

f. All water courses, ponds, lakes, reservoirs, canals, irrigation systems, and existing water supplies, within one-quarter (1/4) mile of the proposed facility property lines;

g. High tension power line rights-of-way, fuel transmission pipeline rights-of-way, and proposed and existing utilities;

h. Proposed or existing fencing;

i. Proposed and existing structures at the facility and within five hundred (500) feet of the facility boundary. This shall include location of employee buildings, and scales (if provided); and

j. Direction of prevailing winds.

03.General Operating Requirements. The owner and operator of a Tier III facility shall comply with the following operating requirements:

a. Prohibited Activities. The following activities are prohibited:

i. Disposal in a landfill of regulated waste from any business that provides health care, support to health care businesses, or medical diagnostic services that has not been decontaminated. "Regulated waste" and "decontaminated" for the purpose of Section 013 have the same meaning as defined at 29 CFR 1910.1030;

ii. Speculative accumulation, unless otherwise approved in an operating plan; and

iii. Disposal of radioactive waste except in a facility regulated pursuant to Section 39-4405(9), Idaho Code and rules adopted thereunder or a facility regulated under the authority of The Atomic Energy Act of 1954, as amended.

b. Signs. Facilities open to the general public shall clearly post visible and legible signs at each entrance to the facility specifying, at a minimum, the name of the facility, the hours of operation, the waste accepted at the facility and an emergency phone number.

c. Waste Types. Only the solid waste types listed in the approved operating plan may be accepted for disposal or processing.

d. Waste Monitoring and Measurement. Provisions shall be made for monitoring or measuring all solid waste delivered to a facility. The waste monitoring program shall include:

i. A daily written log listing the types and quantities of wastes received;

ii. A plan for monitoring and handling receipt of unauthorized wastes;

iii. Routine characterization of the wastes received; and

iv. Other measures included in an approved Operating Plan.

e. Communication. Communication devices shall be available or reasonably accessible at the site.

f. Fire Prevention and Control. Adequate provisions shall be made for controlling or managing fires at the site.

g. Facility Access. Unauthorized vehicles and persons shall be prohibited access to the facility. A facility open to the public shall accept waste only when an attendant is on duty. The facility shall be fenced or otherwise blocked to access when an attendant is not on duty.

h. Scavenging and Salvaging. Scavenging by the public at a facility is prohibited; however, salvaging may be conducted in accordance with a written operating plan and only by the owner, operator or an authorized agent.

i. Nuisance Control. The owner and operator shall control nuisances, including but not limited to:

i. Disease or Discomfort. Operations at any facility shall not provide sustenance to rodents or insects that cause human disease or discomfort;

ii. Vector. Vector control procedures shall prevent or control vectors that may cause health hazards or nuisances;

iii. Odor. The facility shall be operated to control malodorous gases; and

iv. Litter. Effective measures shall be taken to minimize the loss of debris from the facility. Debris blown from or within the facility shall be collected and properly disposed to prevent objectionable accumulations.

j. Bird Hazards to Aircraft. No facility may handle putresible wastes in such a manner that may attract birds and increase the likelihood of bird/aircraft collisions. Facilities that are located within ten thousand (10,000) feet of any airport runway used by turbojet aircraft, or within five thousand (5,000) feet of any airport used by only piston-type aircraft shall operate the facility in such a manner that birds are not a hazard to aircraft.

k. Open Burning and Fires. Open burning is prohibited at facilities except as authorized by Section 061.

l. Storm Water Run-On/Run-Off Controls. The operating plan shall include sufficient storm water management provisions, which may incorporate a NPDES storm water pollution prevention plan, to prevent contamination of ground or surface water and prevent the spread and impact of contamination beyond the boundary of the facility.

m. Variance Request. An owner and operator may submit to the Department a written variance request for a variance from the operating requirements listed in Section 013. The Department shall approve a written request for a variance provided the owner and operator demonstrate to the Department that the variance is at least as protective of human health and the environment as the requirements listed in Section 013.

04.Operating Plan. The owner and operator of a Tier III facility shall submit to the Department an Operating Plan containing that information required by Subsection 013.03, within the time frames stated in Section 013. An Operating Plan shall include a description of the wastes to be accepted, the methods for maintaining compliance with each of the applicable general operating requirements of Subsection 013.03, and complies with any applicable facility specific requirements found in Subsections 013.11 through 013.13.

05.Ground Water Monitoring Requirements. The owner and operator of a Tier III facility shall comply with the following ground water monitoring requirements:

a. Install and maintain ground water monitoring wells at the point of compliance as approved by the Department;

b. Within thirty (30) days of completion of each well, submit a copy of the geologic log and record of well construction to the Department;

c. Monitor the ground water quarterly, unless otherwise directed by the Department. Constituents to be monitored shall be those listed in 40 CFR Part 257.24 unless otherwise authorized by the Department; and

d. The owner and operator of any facility required to monitor ground water pursuant to Section 013 shall continue the approved monitoring schedule for five (5) years following facility closure, unless otherwise approved by the Department upon request of the owner and operator for a modified monitoring schedule.

06.Ground Water Monitoring Application. The following information shall be submitted to the Department in a Ground Water Monitoring Application:

a. A map showing soil types, depth to ground water, ground water flow direction and locations of proposed ground water monitoring wells; and

b. A monitoring schedule indicating sample frequency and constituents to be analyzed.

07.Closure Requirement. The owner and operator of a Tier III facility shall comply with the following closure requirements:

a. Public Notice. For a facility open to the public the owner and operator shall provide public notice of the facility's closure by publishing a notice in the local newspaper and posting signs at the facility's entrance. This notice shall be published and the signs posted;

i. At least thirty (30) days and no more than ninety (90) days prior to the date of last receipt of waste for a facility that has reached disposal capacity; or

ii. If the facility has remaining capacity and there is a reasonable likelihood that the facility will receive additional waste, a notice shall be published and signs posted at least thirty (30) days and no more than ninety (90) days prior to closure.

b. Facility Closure. Unless the Department establishes an alternate closure time period, the owner and operator shall close the facility within six (6) months of the Department's approval of the Closure Plan. The facility shall be closed in accordance with the approved Closure Plan.

c. Clean Site/Access Control. The owner and operator shall close the facility by managing or removing all solid waste to prevent impact to human health or the environment and shall install a gate or other device to prevent public access after the last receipt of waste;

d. Drainage and Erosion Control. The owner and operator shall install appropriate measures to control erosion and install appropriate measures to control the run-on and runoff from a twenty-five (25) year, twenty-four (24) hour storm event and to provide for the diversion of other surface waters from the closed facility; and

e. Closure Plan Certification. Within thirty (30) days of closure, the owner and operator shall notify the department in writing that the facility was closed in accordance with the approved Closure Plan. If closure of the facility is different from the approved Closure Plan, the owner and operator shall submit for Department review and approval documents, such as "as-built" plans, showing the final conditions of the facility.

08.Closure Plan Application. The owner and operator of a Tier III facility shall submit to the Department a Closure Plan Application containing the information no later than ninety (90) days before the date on which the facility receives the known final receipt of wastes or, if the facility has remaining capacity and there is a reasonable likelihood that the facility will receive additional wastes, no later than one (1) year after the most recent receipt of wastes. The following information shall be submitted to the Department in a Closure Application:

a. A complete and accurate legal description of the facility;

b. A map of the facility, showing pertinent facility features, including:

i. Facility boundaries, drainage patterns, location of fill areas, and location of access control measures;

ii. All water courses, ponds, lakes, reservoirs, canals, irrigation systems, and existing water supplies, within one-quarter (1/4) mile of the facility boundary;

iii. Location of disposal trenches and description of waste disposed; and

iv. Proposed final contours of the closed facility, drawn to a reasonable scale with five (5) foot intervals for the operational area, and ten (10) foot intervals for the remainder of the facility;

c. Estimated date of last receipt of waste;

d. A description of how public access to the closed facility will be controlled;

e. Estimated total cubic yards, or tons, of waste in place;

f. Total acreage of the facility and acres containing waste;

g. Closure equipment and procedures to be used;

h. Texture, depth and permeability of final cover material;

i. Design and construction plan for any necessary final cover;

j. Placement, design, and management of run-on and run-off storm water controls;

k. Types of vegetation and planting procedures to be used for establishing vegetative cover;

l. Details of any proposed changes to any existing groundwater monitoring system;

m. Details of any proposed changes to any existing landfill gas control system;

n. Details of any proposed changes to any existing leachate collection system; and

o. Other closure information the Department determines is necessary to protect human health and the environment.

09.Documentation Requirements. The owner and operator of a Tier III facility shall maintain on site each Department-approved application required by Section 013.

10.Modification Application. The owner and operator shall submit to the Department a Modification Application describing the proposed modification no less than sixty (60) days prior to the proposed modification of the facility. The owner and operator of a Tier III facility shall not implement the modification prior to Department approval. If a proposed modification alters the classification of a facility, the owner and operator shall comply with the application content, review and approval requirements for the new classification.

11.Tier III Processing Facilities. In addition to the requirements in Subsections 013.01 through 013.10, the owner and operator of a Tier III processing facility shall comply with the following requirements:

a. Odor Management Plan. The owner and operator of a Tier III processing facility shall implement a Department approved Odor Management Plan designed to minimize malodorous gases. An Odor Management Plan shall include specific operating criteria for oxygen, moisture and temperature levels appropriate for the wastes to be processed and processing technologies to be employed; methods used to maintain the specific operating criteria and a monitoring strategy that includes the frequency and parameters for monitoring the specific operating criteria;

b. Additional Requirements for PCS. Owners and operators of Tier III PCS processing facilities shall comply with the following applicable requirements:

i. Leachate collection and control system to prevent contamination of ground and surface waters;

ii. Liner designed to prevent ground and surface water contamination. The liner design shall account for the types of wastes handled and the potential for migration of liquids and gaseous contaminants to ground water; and

iii. Air emission control system to prevent discharges of air pollutants.

iv. An owner and operator of a PCS processing facility may submit a written request for a variance from the leachate control and liner requirements. The owner and operator must demonstrate that the variance is at least as protective of surface and ground water as the leachate collection system and liner.

c. Design Application. The following information shall be submitted to the Department in a Design Application:

i. Building and construction design blueprints;

ii. A map illustrating a storm water run-on/run-off system designed to prevent contamination of ground or surface water or and prevent contamination beyond the boundary of the facility;

iii. Operational design and capacity information including a description of the waste types and projected daily and annual waste volumes; and

iv. Design and Construction Requirements. The owner and operator of a Tier III PCS processing facility shall submit for Department review and approval the following information as part of the Design Application:

(1) A hydrogeologic evaluation, including the potential for migration of contamination to ground or surface water;

(2) A detailed description of treatment methods to be used;

(3) Design plans for a leachate collection and control system to prevent ground and surface water contamination from the leachate control system;

(4) Design plans for an air emissions control system to prevent discharges of air pollutants; and

(5) Design plans for a liner designed to prevent ground or surface water contamination. The liner design shall account for the types of wastes handled and the potential for migration of liquid and gaseous contaminants to ground water.

d. Operating Plan. The owner and operator of a PCS processing facility shall submit for Department review and approval the following information as part of the Subsection 013.04, Operating Plan:

i. A sampling plan that describes the methods and frequency that the owner and operator will use to sample and analyze the wastes when received, during processing, and on final testing of processed material; and

ii. A description of how the owner and operator will maintain and operate the liner, leachate collection and control system, and air emission control system consistent with the approved design application.

e. Documentation Requirement. The owner and operator of a processing facility shall maintain documentation of compliance with Section 013, including an operational log of the methods used to maintain the operating criteria and sampling results.

12.Tier III Incinerators. In addition to the requirements in Subsections 013.01 through 013.04 and Subsections 013.09 and 013.10, the owner and operator of a Tier III incinerator shall comply with the following requirements:

a. Design Requirements. The owner and operator of an incinerator comply with the following design requirements:

i. A tipping floor constructed of impermeable and durable material and designed to contain, collect, and convey any liquids to a storage or leachate management system.

ii. A storage or leachate management system.

b. Design Application. The following information shall be submitted to the Department in a Design Application:

i. A description of the tipping floor design;

ii. A description of the storage or leachate management system design;

iii. Building and construction design blueprints;

iv. A map illustrating a storm water run-on/run-off system designed to prevent ground or surface water contamination, or contamination from the facility beyond the boundary of the facility;

v. Operational design and capacity information including a description of the waste types and projected daily and annual waste volumes; and

vi. Any facility specific design elements required by these rules.

c. Operating Requirements. The owner and operator of an incinerator shall comply with the following operating requirements:

i. Maintain and operate the tipping floor to control odors, insects, and rodents;

ii. Implement cleaning procedures and waste residency times used to maintain sanitary conditions on the surface of the tipping floor; and

iii. Implement a storage or leachate management system operation.

d. If it is determined that the tipping floor or leachate management system integrity has been breached, or waste has been handled or stored outside of the containment of the tipping floor, unless allowed in the facility Operating Plan, the owner and operator of the Tier III incinerator shall comply with Subsections 013.05 through 013.08.

13.Tier III NMSWLFs. In addition to the requirements in Subsection 013.01 through 013.10, the owner and operator of a Tier III NMSWLF shall comply with the following requirements:

a. Siting Requirements: A facility shall not be located in wetlands, except as provided in 40 CFR 257.9;

b. Siting Application. The owner and operator shall include in the Siting Application documentation demonstrating compliance with the requirement specified in Subsection 013.13.a.;

c. Design and Construction Requirements: The owner and operator of a NMSWLF shall comply with the following design and construction requirements:

i. Leachate Collection and Control System. A leachate collection and control system shall be constructed to prevent ground and surface water contamination;

ii. Liner. A liner designed to prevent ground or surface water contamination shall be installed. The liner design shall account for the types of wastes handled and the potential for migration of liquid and gaseous contamination to ground or surface water;

iii. Landfill Emission Control System. Appropriate toxic and flammable gas monitoring devices shall be installed where the location, geophysical condition, and waste characteristics indicate that there is a reasonable probability that the facility will generate toxic and flammable gas: exceeding twenty-five (25) percent of the lower explosive limit for gases in facility structures (excluding gas control or gas recovery system components); exceeding the lower explosive limit at the property boundary; or otherwise presenting a potential threat to public health or the environment; and

iv. An owner or operator may submit a written request for a variance from the leachate collection and control system, liner, or emission control system requirements. The Department may approve the variance upon demonstration by the owner or operator that the variance is at least as protective of human health and the environment as the leachate collection and control system, liner, or emission control system.

d. Design Application. The following information shall be submitted to the Department in a Design Application:

i. Design plans shall address the need for and include as required a leachate collection and control system, liner, and emission control systems in Subsection 013.13.c.;

ii. A facility map illustrating:

(1) Surface water and erosion control systems;

(2) Proposed fill area, including the location of waste disposal trenches or cells, noting the locations of trenches used for separated wastes such as animal carcasses, tree trunks, stumps, bulky wastes, car bodies, asbestos, and petroleum contaminated soils;

(3) Location of borrow areas;

(4) Design elevation grade of final cover;

(5) Soil and water table test boring holes, wells, or excavations;

(6) Proposed receiving, storage, and processing areas;

(7) Proposed trench layout and development; and

(8) Contour lines at five (5) foot intervals within the operating area and ten (10) foot intervals to the facility boundary.

(9) Building and construction design blueprints;

(10) Operational design and capacity information including a description of the waste types and projected daily and annual waste volumes; and

e. Operating Requirements: The owner and operator of a NMSWLF shall comply with the following operating requirements:

i. Compaction and placement of waste in locations consistent with the approved operations plan;

ii. Provision for storage of waste during periods when the NMSWLF is inaccessible;

iii. Application of a six (6) inch compacted soil cover layer on exposed waste as necessary to prevent nuisance and vector conditions at periods consistent with the approved operations plan. An owner and operator may request that the Department approve an alternate cover that addresses vectors, litter, fire, odor, and scavenging concerns;

iv. Placement of an interim cover layer of twelve (12) inches of compacted soil between lifts to provide erosion control and structural stability. An owner and operator may request that the Department approve an alternate interim cover that addresses erosion, and stability for subsequent lifts;

v. Maintenance and operation of a leachate collection and control system and air emission control system consistent with the approved design application; and

vi. Preservation of existing vegetation where attainable.

f. Operating Plan. The operating plan required in Section 013 shall identify the methods used for maintaining compliance with each applicable operating requirement of Subsection 013.03. and Subsection 013.13.e. including but not limited to the type, the method of compaction and the frequency of application of respective cover materials;

g. Closure Requirements. The owner and operator of a NMSWLF shall comply with the following closure requirements:

i. Final Cover. Within seven (7) days of the date of last receipt of waste, a cover layer shall be applied to prevent nuisances and vector conditions. Within one hundred and twenty (120) days of the date of last receipt of waste, a final cover layer of eighteen (18) inches of compacted soil with an approved in-place permeability designed to minimize infiltration, or its functional equivalent, and, a six (6) inch soil layer that minimizes erosion and sustains plant growth shall be constructed;

ii. Facility Stabilization. All disturbed portions of the facility shall be stabilized. Stabilization practices may include but are not limited to: establishment of vegetation, mulching, geotextiles, and sod stabilization;

iii. Slope Stability. Finished grade shall be at a minimum of two percent (2%) and a maximum of thirty-three percent (33%) slope on the final surface of the completed fill area, after settlement; and

iv. Drainage Control. The completed landfill shall be graded to prevent surface water ponding and erosion, and to conform to the local topography.

h. Environmental Covenants:

i. After completion and certification of closure of a NMSWLF, the owner and operator shall record an environmental covenant, pursuant to the Uniformed Environmental Covenants Act (UECA) Chapter 30, Title 55, Idaho Code, on the property where the landfill facility is located and its future use may be restricted in accordance with a post-closure care plan. A copy of the environmental covenant will be sent to the Department after recording with the county clerk.

ii. The owner may request permission from the Department to remove the environmental covenant if all wastes are removed from the facility.

iii. Federal agencies with responsibility for management of landfills on federal property shall make an environmental covenant or notation in the federal property records for the affected property. If the subject property is ever sold or transferred by the federal government, a notation on the deed or patent shall be made.

i. Closure Plan. The owner and operator shall provide in the Closure Plan documentation that demonstrates compliance with closure requirements specified in Subsections 013.07 and 013.13.g.

j. Post-Closure Care Plan. Owners and operators of a NMSWLF shall submit, in accordance with the time frames specified in Subsection 013.08, to the Department for review and approval a Post-Closure Care Plan, shall obtain Department approval of the Plan, and shall conduct post-closure care in accordance with the Plan:

i. Unless the Department determines otherwise, the Post-Closure Care Plan shall contain:

(1) The name and address of an agent authorized to accept communications or service during the post-closure period. The name may be changed during the post-closure period by providing the Department with twenty (20) days advance written notice of the change;

(2) Provisions to maintain the integrity and effectiveness of the final cover;

(3) Provisions to continue to maintain and operate the systems required in the operating plan, including: run-on/run-off control systems, leachate collection and control systems, groundwater monitoring systems, and gas monitoring systems;

(4) Provisions to maintain appropriate security of the closed facility;

(5) Provisions for routine facility inspections by the owner and operator to insure compliance with the Post-Closure Care Plan; and

(6) A description of the planned use(s) of the property during the post-closure care period.

ii. Post-closure care for the NMSWLF shall be conducted for a minimum of five (5) years, but not more than thirty (30) years, as necessary to protect human health and the environment.

iii. Post-Closure Standards and Inspection. Post-closure use or operation of the site shall not disturb any final cover, liner or other component of the containment system in a manner that will increase the potential to threaten human health or the environment.

iv. The approved Post-Closure Care Plan shall be maintained and available for review on request by the Department.

v. The requirements in Subsection 013.07 shall apply to owners and operators and their successors and assigns.

Idaho Admin. Code r. 58.01.06.013

Effective March 24, 2022