Landfill applications must include all information necessary to address the requirements of 06-096 CMR ch. 400 and this Chapter. The applicant must receive a positive determination of public benefit, if subject to 38 M.R.S.A. §1310-AA, and written comments on its PIR from the Department prior to submitting an application to license a landfill. The submission must include all pertinent data and calculations. An application will be accepted as complete for processing when the Department determines that the entire application fee has been received, that the application form is properly filled out, and that information is provided for each of the items required by the forms.
Applicants proposing test pad programs in accordance with the requirements of section 2(F)(12) may propose alternative criteria to the Plasticity Index and minimum fines requirements of section 2(D)(1)(f)(i) and (ii) and to the maximum dry density and the optimum moisture content requirements of subparagraphs (ii) and (iii) above in accordance with the results and conclusions of the test pad program. If the applicant proposes an alternative to the minimum in-place density, the applicant shall submit for review and approval a revised stability and settlement assessment performed in accordance with the requirements of section 2(F).
The improvement allowances in Table 1 afford sufficient design, monitoring or management benefits to provide the equivalent time of travel offsets specified in the table. Other alternative improvement allowances may be considered by the Department if the applicant can demonstrate that the alternative allowance equals or exceeds the performance standard of the listed allowance. For the purposes of this subsection, one offset is equivalent to one year of ground water time of travel.
TABLE 1
Improvement Allowance Description | Offset | |
1a. 1b. | Addition and monitoring of a leak detection system underlain by a 40 mil HDPE liner beneath the primary liner system; or Addition of composite liner(s) and a leak detection system | 2 3 |
2. | Artificial creation and maintenance of ground water discharge conditions into the facility structures | 1 |
3. | Creation of a contingency plan including necessary action trigger levels and remedial action funding mechanisms | 2 |
4. | Creation of an innovative performance monitoring program and/or creation of an intensive environmental monitoring program exceeding the standards of 06-096 CMR ch. 405. | To be determined, but no more than 2 |
5. | For the expansion of an existing facility only, and in conjunction with at least the addition of a composite liner and leak detection system, the addition of engineered systems that will improve existing ground and/or surface water quality conditions. | To be determined, but no more than 2 |
For improvement allowances numbers 4 and 5, the offset value will be determined by the Department based on the purpose and benefits of the proposed program or system.
If approved by the Department, strength gain of the foundation soils may be taken into account when addressing the requirements of subparagraphs (a) and (b) below. The minimum factors of safety listed below may be modified by the Department, depending on site-specific risk factors and conditions.
The following must be submitted as part of the engineering report:
As applicable, the plan must include a letter of intent or service contracts for proposed contingencies.
The conceptual plans must include narrative and drawings that address: layout of the cells, projected grades at key intervals, and approximate years for development of each cell. Detailed plans must include narrative and drawings that address: layout of cells, projected grades, location and timing of intermediate and/or final cover, location and construction of cell access, any relevant aspects of leachate and stormwater management measures, any relevant aspects of erosion and sedimentation control measures, and other pertinent facility-specific features.
The cell development plan may include a proposal for rapid waste mass stabilization through leachate recirculation and delayed placement of cover provided that there are sufficient funds to operate and maintain the facility until final closure occurs, including collection and treatment of all leachate prior to placement of permanent final cover. The intent of rapid waste mass stabilization is to minimize the long-term risk from the landfill by actively accelerating the process of leaching contaminants from the waste before the end of the post-closure period.
Application for final closure as required by section 5 must still be made at least one year prior to the anticipated final closure of the landfill. A phased final cover system documented to have been constructed in accordance with the approved plans and specifications will be accepted as the cover system element of final closure provided that the facility is not posing an unreasonable risk to public health or the environment at the time of final closure, as documented in the Site Assessment Report of section 5(F).
The frequency of cross-sections in paragraphs (2)(a) and (2)(b) may be reduced if the applicant provides the Department with landfill capacity information in accordance with the filling sequence detailed in the cell development plan for the landfill. The resulting number of sections must be sufficient to illustrate the information described above.
NOTE: See EPA Technical Guidance Document # EPA/ R-93/182, dated September 1993, "Quality Assurance and Quality Control for Waste Containment Facilities", for guidance in developing a quality assurance plan and recommended implementation program for certified CQA personnel.
The applicant may propose basic standards and specifications to meet these requirements at the time the application is filed, and subsequently submit final detailed standards and specifications to the Department for review and approval on a schedule approved by the Department.
06- 096 C.M.R. ch. 401, § 2