06- 096 C.M.R. ch. 401, § 2

Current through 2024-44, October 30, 2024
Section 096-401-2 - Application Requirements

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.

A.General Information
(1)Site and Surroundings Map. The application shall include a map, or series of maps, at a scale of 1 inch = 500 feet, or larger engineering scale, showing the facility site in relation to existing surrounding natural and man-made features. The maps must include the area within 2000 feet of the perimeter of the facility site, and must clearly show the location of the proposed solid waste boundary, waste handling areas, and the property boundary. It must also show all flood plain boundaries, lakes, ponds, springs, streams, surface water diversions, wells (differentiate between public water, domestic, industrial and other), utilities, public water supply watershed areas, wellhead protection areas, significant sand and gravel aquifers, federally-defined wetlands, 10 foot contour interval lines, existing buildings or structures, roads, recorded rights-of-way, conservation areas, unique areas, historic sites, and local zoning.
(a) Existing contour maps such as those prepared by the U.S. Geological Survey or provided from municipal government sources may be enlarged and utilized, if sufficiently accurate to clearly locate the features listed above.
(b) Ground-controlled photogrammetric maps are required to support ground water flow modeling used to evaluate ground water flow and contaminant transport analysis, as appropriate.
(2)Aerial Photographs. Aerial photos taken within the past year, giving complete stereo coverage of the area within 2000 feet of the perimeter of the facility site must be submitted. The scale of the photographs must be 1 inch equal to or less than 500 feet. The proposed facility site boundary and the property boundary must be clearly outlined on one photo.
B.Site-Specific Investigation. Each application for a landfill must include the results of an investigation to gather the information to complete the site assessment report as described in section 2(C). The investigation, including surficial and bedrock geology, ground water flow conditions and ground water quality, must meet the requirements of this subsection and must provide sufficient data to simulate contaminant transport analysis as required in section 2(G).
(1) Geological Investigations. Subsurface investigations are required in sufficient numbers and locations to properly describe the surficial stratigraphy and bedrock beneath and adjacent to the proposed solid waste boundary. This investigation must extend beyond the solid waste boundary and beneath the proposed facility site to confirm that setbacks from any stratified sand and gravel deposits, significant sand and gravel aquifers, fractured bedrock aquifers, and other sensitive receptors will be attained as applicable.
(a) The bedrock investigation must be sufficient to describe at least the following:
(i) Bedrock lithology;
(ii) Structure, including the nature, degree and continuity of fracturing;
(iii) Aquifer characteristics; and
(iv) The degree of weathering.
(b) The applicant shall conduct hydraulic conductivity tests in all critical strata in a sufficient number of locations to adequately assess the variability of hydraulic conductivity. Pump tests must be conducted at selected locations as needed to evaluate aquifer yield and connectivity of bedrock fractures.
(c) Hydrogeological site conditions to be considered in selecting landfill design, including time of travel to sensitive receptors, must be identified.
(2)Ground and Surface Water Investigation. The following are required as part of the ground and surface water investigation.
(a) The installation of water table observation wells and open standpipe piezometers in numbers and locations sufficient to determine horizontal and vertical ground water flow gradients and for phreatic surface observations is required. These instruments must be read at a frequency sufficient to identify the seasonal extremes of groundwater fluctuations. Piezometers and water table observation wells must be installed at a sufficient number of locations to enable calculation of ground water time of travel to all identified sensitive receptors.
(b) For a new landfill, site characterization monitoring must be performed and reported in accordance with the requirements in 06-096 CMR ch. 405 for ground water and surface water.
(c) For expansion of an existing landfill, the applicant must submit a summary and interpretation of all the ground and surface water quality data obtained to date.
(3)Geotechnical Investigation. The site investigation must gather sufficient corroborative field and laboratory data to support the stability assessment and the settlement assessment required under section 2(F).
C.Site Assessment Report. The purpose of the site assessment report is to identify site characteristics and provide recommendations for landfill design and construction, identify all potentially impacted sensitive receptors, and assess ground water flow time of travel. The site assessment report for a landfill must include a narrative and all the information gained from the site-specific investigation program. It must integrate this information, focus on aspects of site suitability for landfill development, and must identify and evaluate all site limitations. This report shall also include supporting documentation and the following information:
(1)Maps, Drawings and Sections. Maps, drawings and sections all drawn to the same horizontal scale must be prepared and submitted according to the requirements of this paragraph. Unless otherwise specified, maps and drawings must be at a scale of one inch equals 100 feet or larger.
(a) A topographic base map must be used for all maps and drawings included in the site assessment report. Cross-section elevations must be drawn to the same elevation datum as the maps.
(b) A surficial geologic map must be submitted. Proposed locations of the solid waste boundary and leachate management system components must be shown on this map. Geologic contacts appearing on this map and all cross-sections shall be drawn as solid lines where observed and as dashed lines where inferred.
(c) Geologic cross-sections to describe the site geology must be submitted. Cross-sections, including one or more drawn parallel to the ground water flow direction, must show all hydrogeologic units, including bedrock, beneath the facility site. The vertical scale must be 1 inch = 5 feet or 1 inch = 10 feet for stratigraphic thicknesses of up to 50 feet, and 1 inch = 10 feet or 1 inch = 20 feet for stratigraphic thicknesses over 50 feet. The locations of the subsurface investigations used to construct these sections must be shown on the cross sections. The locations of nearby subsurface investigations along with their respective offset distances must be projected to these cross-sections. Preliminary locations of the solid waste boundary, leachate management system components, the existing base grade, the constructed base preparation grade, and the intersections of other cross-sections must be shown.
(d) An isopach map of surficial deposits must be submitted.
(e) A bedrock contour map must be submitted. Contour intervals of 10 feet for moderately sloping bedrock (greater than 5%) and 5 feet for gently sloping bedrock (less than or equal to 5%) must be used.
(f) At least two phreatic surface contour maps must be submitted to demonstrate seasonal high and low ground water conditions. Contour intervals of 5 feet for a water table slope greater than 5% and 2 feet for a water table slope less than 5% must be used. The data used to construct the maps must also be shown.
(g) The applicant must provide vertical flow nets, consisting of equipotential and flow lines as appropriate, for each cross section required by this subsection. Cross-sections and flow nets may be superimposed if clarity and legibility are maintained.
(h) A detailed drawing or drawings, clearly indicating:
(i) The existing grade of the site, as established by a topographic survey on the ground, and the proposed initial and final grades. For slopes of 5% or greater, 5 foot contour intervals may be used; 2 foot contour intervals are required if the slope is less than 5%.
(ii) The location of all test pits, borings, and other explorations.
(iii) The location and elevation of the permanent onsite surveying benchmark(s).
(iv) The property boundary when located within 500 feet of the facility site.
(v) The location of protected natural resources and drainageways when located within 500 feet of the facility site.
(vi) The location of existing and proposed water supply wells or water supply springs when located within 1000 feet of the solid waste boundary.
(vii) The location of existing and proposed access roads.
(viii) The location of all proposed surface and ground water quality monitoring points.
(ix) The location and identification of buffer zones and visual screening provisions.
(x) The location of the proposed solid waste boundary and all proposed waste handling area boundaries.
(2)Time of Travel Calculations. Piezometers and water table observation wells must be installed at a sufficient number of locations to enable a calculation of ground water time-of-travel from the bottom of the landfill and leachate pond liner systems to all identified sensitive receptors. Unless site-specific information or other pertinent data exists to establish a greater porosity, calculations must assume an effective porosity for flow of not greater than 0.1. The calculations must also assume that all soil is saturated. Information utilized for these calculations must include in-situ hydraulic conductivity test results. Imported soils used for base preparation below liner systems may be used to account for up to three years in the time of travel calculations for purposes of assessing the need for improvement allowances provided that: the imported soils are used in conjunction with at least one of the improvement allowances in Table 1 [see Section 2.D(2)], the imported soils have an hydraulic conductivity no greater than 1x10-5 cm/sec. and no less than 1x10-7 cm/sec., and the time of travel for the imported soil is calculated assuming an effective porosity of 0.1 unless sufficient specific information exists to demonstrate a greater effective porosity.
(3)Geotechnical Results. The applicant must provide the results of the geotechnical investigation as required by section 2(B)(3). Analysis of the results must demonstrate that the field and laboratory data collected are corroborative and are sufficient to support the stability assessment and the settlement assessment required under sections 2(F)(1) and 2(F)(2).
D.Design Standards for Landfills. The engineering design for a proposed landfill must meet the following design standards as well as achieve the performance standards of section 1(C). At facilities where ground water monitoring in bedrock is anticipated or is being conducted and disturbance of soil material within 5 feet of the bedrock surface is proposed, the applicant must demonstrate that such disturbance will be minimized to the greatest extent possible so that the long-term monitorability of the facility site is maintained. Alternatives to the design standards and requirements of this subsection may be proposed by the applicant. The applicant must make a demonstration of technical equivalency through the alternative design process of section 2(E) of this Chapter or through a request for a variance under the provisions of 06-096 CMR ch. 400, section 13.
(1)Liner System Requirements. Landfill liner systems for landfills licensed under sections 1-6 of this Chapter must meet the following requirements.
(a) Liner systems must include at least a composite liner consisting of a geomembrane and a barrier soil layer. The geomembrane must have a nominal thickness of 60 mils. The barrier soil layer must be a minimum of 24 inches of recompacted clay or well graded till containing a minimum of 35 percent fines. The barrier soil layer must meet the requirements of this subsection, and be placed in at least three lifts. Base preparation beneath the barrier soil layer must be adequate to provide a firm foundation for construction of the barrier soil layer in order that the requirements of this subsection can be met throughout the entire thickness of the barrier soil layer. A Geosynthetic Clay Liner (GCL) may substitute for up to 12 inches of the barrier soil layer component of the liner system. For GCL substitutions, the barrier soil layer must be placed in two lifts.
(b) Landfills sited where development within the solid waste boundary will disturb soil material within five feet of the bedrock surface in more than 5% of the disturbed area must also incorporate a single 40 mil HDPE liner and a leak detection system or a composite liner and a leak detection system into the liner system. These additional liner components may be credited as time of travel offsets in accordance with section 2(D)(2).
(c) A leachate collection system must be incorporated in the design above the liner system.
(d) Each liner system componentmust have a hydraulic conductivity less than or equal to 1x10-7 cm/sec.
(e) Any geomembrane proposed for use in a landfill liner systemmust meet:
(i) GRI GM-13 (Revision 11, 2012) standards, if available; and
(ii) Performance requirements for the proposed application.
(f) Any barrier soil layer proposed for use in a landfill liner systemmust have the following characteristics:
(i) A Liquid Limit greater than or equal to 20, and a Plasticity Index greater than or equal to 8 but less than or equal to 30. Glacial till soils do not need to meet these requirements;
(ii) A minimum fines content of 35%; and
(iii) A maximum particle size of less than or equal to 3 inches, except as noted in subparagraph (g)(v) below.
(g) Any barrier soil layer proposed for use in a landfill liner systemmust be designed to produce a homogeneous layer that eliminates soil clods and preferential flow paths, protect the geomembrane from puncture, and reduce hydraulic conductivity to the maximum extent practicable. To accomplish this the barrier soil layer must meet the following requirements:
(i) Have a minimum compacted thickness of 2 feet;
(ii) Have a minimum in-place density of 90% of the maximum dry density as measured by ASTM D-698 (Standard Proctor) (2012);
(iii) Be compacted using a kneading action to remold the soil within 0-4% above optimum moisture content as determined using ASTM D-698 (Standard Proctor) (2012);
(iv) Have a maximum compacted lift thickness of 9 inches and provide a means to ensure lift interface bonding; and
(v) Have a maximum stone size less than or equal to 1/2 inch in the surface layer that will be the prepared surface for a geomembrane, or 1 inch in the surface layer that will be the prepared surface for a GCL.

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).

(2)Improvement Allowance System. An applicant may demonstrate that the intent of the 6 year ground water time of travel performance standard has been met for a new landfill or for an expansion of an existing landfill by incorporating design, monitoring or contingency planning improvements. The improvement allowance offsets in Table 1 may be added to the existing ground water time of travel to achieve the minimum 6 year time of travel to sensitive receptors.

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.

(3)Base Preparation below Liner Systems. Constructed base materials below liner systems are subject to the following requirements.
(a) The base material must have a minimum in-place density of 90% of the maximum dry density as determined by ASTM D-698 (Standard Proctor) (2012).
(b) The base material must be compacted within 0-4% above optimum moisture content as determined using ASTM D-698 (Standard Proctor) (2012).
(c) The base materials must be adequate to provide a firm foundation for construction of the liner system in order to ensure that the liner design standards can be achieved throughout the entire thickness of the liner system. Expansions that include a liner system over areas where waste has previously been disposed are required to provide reinforcement in the base material or liner system in order to protect the integrity of the engineered systems. This requirement applies unless the applicant can demonstrate that reinforcement is not necessary to protect the integrity of the engineered systems.
(d) Base materials must contain sufficient fines to result in an hydraulic conductivity of less than or equal to 1 x 10-5 cm/sec. The applicant must submit and receive Department approval of plans, specifications, and construction quality assurance (CQA) measures for the placement of base materials. Plans, specifications, and CQA measures must minimize preferential flow paths within the base materials or at the base material and native soil interface.
(e) The maximum allowable compacted lift thickness is 9 inches.
(4)Leachate Conveyance System and Storage Structure Standards. Leachate conveyance systems and storage structures must be designed in accordance with the standards of this section, and include appropriate factors of safety where applicable.
(a) Leachate Conveyance Systems are subject to the following standards.
(i) The leachate collection system must be designed to convey the predicted leachate flow, using the peak monthly impingement rate onto the collection system over the life of the landfill cell, so that the leachate head on the primary liner does not exceed the thickness of the drainage media or 12 inches, whichever is less. Leachate head must be calculated for the most critical conditions over the life of the landfill cell after the placement of the first lift of waste has occurred in the cell. The leachate head criteria does not apply in sump areas. Leachate generation estimates must be based on a minimum 15 year climatic database and include the precipitation from a 25 year, 24 hour storm event occurring during a wet period in the analysis. Leachate generation estimates may be derived by modeling through a standard method such as "Hydrologic Evaluation of Landfill Performance (HELP) Model", (EPA/600/R-94/168a and EPA/600/R-94/168b), or may be based on actual leachate generation data from similarly designed, located, and operated landfills provided that a minimum of 15 years of data are available that either includes or simulates the precipitation from a 25 year, 24 hour storm event. Run-on/run-off control systems and consolidation water expelled from the waste must be considered in the analysis.
(ii) Leak detection systems must be designed to detect leaks from each cell's primary liner system within 30 days, and have sufficient hydraulic capacity to transmit the flow associated with the Action Leakage Rate for the facility. The sampling and monitoring locations and protocol must be designed to eliminate the need for confined space entry or to allow non-permit confined space entry in compliance with OSHA standards.
(iii) All components of the leachate collection and leak detection systems must be designed to withstand the stresses due to dynamic and static loading conditions and climatic effects expected over the life of the landfill.
(iv) The leachate collection system must be designed so that its performance can be monitored or evaluated to insure that it is operating as designed.
(v) The leachate collection and leak detection pipes must have a minimum diameter of six inches and be designed to allow equipment access for routine cleaning, inspection, and maintenance.
(vi) Geosynthetic and soil filters must be designed and located to minimize clogging of the collection and detection systems.
(vii) A protective system must be provided for the primary liner and the leachate collection system. Protective systems must consider freeze/thaw effects from liner and leachate collection system exposure to climatic effects, erosion, and puncture during repairs or waste placement. Protective systems during operations may consist of select waste such as paper mill sludge and tire chips, provided the select waste is permitted for acceptance at the landfill.
(viii) Leachate collection and leak detection system transport pipes may penetrate through the liner system below the level of waste when exiting a landfill only when the penetration area is designed with leak detection and has the practical capability of being repaired.
(ix) The leachate transport system must be designed to convey the design flows from the leachate collection and detection systems.
(x) All components of the leachate transport system must be designed to withstand the stresses due to dynamic and static loading conditions and effects of climatic changes expected over the life of the landfill.
(xi) The leachate transport system must be designed to provide for sampling and flow monitoring of the leachate before the leachate enters the storage structure. The sampling and monitoring location(s) and protocol must be designed to eliminate the need for confined space entry or to allow non-permit confined space entry in compliance with OSHA standards.
(xii) Leachate transport pipes must be designed to allow equipment access for routine cleaning, inspection, and maintenance.
(xiii) Leachate transport systems outside the solid waste boundary must be designed to allow leak testing and/or monitoring, inspection, and repair. Except for HDPE structures that are monolithic or constructed with thermal fusion joints, gravity systems hydraulically designed to be full of leachate under normal conditions, such as pipelines between storage structures and pump station wetwells, must have secondary containment to ensure rapid leak detection and collection.
(b) Leachate Storage Systems are subject to the following standards.
(i) The leachate storage design capacity must be based on the leachate quantity predicted to be generated under the most critical conditions anticipated over the life of the landfill. The design storage capacity must consider leachate management limitations relating to transportation and disposal, recirculation, and / or pretreatment, as applicable. Additional volume equal to two feet of freeboard or 25% of the design storage capacity, whichever is greater, must be provided. Leachate generation estimates must be based on the methods established in section 2(D)(4)(a).
(ii) Storage structures must be designed to withstand the stresses due to dynamic and static loading conditions and the effects of climatic changes expected over the life of the landfill.
(iii) Storage structures must be designed to allow inspection and maintenance.
(iv) Overflow prevention measures and a means to monitor and measure leachate depth must be provided.
(v) Storage pond systems must have a liner system consisting of a geomembrane primary liner, a leak detection system, and a composite secondary liner. The primary and secondary liners must meet the requirements of section 2(D)(1). The leak detection system must be designed to detect leaks from the primary liner system within 24 hours, and have sufficient hydraulic capacity to transmit the flow associated with the Action Leakage Rate for the facility. Leak detection system sampling and monitoring locations and protocol must be designed to eliminate the need for confined space entry or to allow non-permit confined space entry in accordance with the standards of 29 CFR 1910.146 [i] as amended up to July 1, 2014.
(vi) For storage tank systems:
a. The materials and construction procedures for tanks, tank support structures, and secondary containment structures must be in accordance with applicable industry standards and nationally accepted codes of practice. Surfaces vulnerable to corrosion must be protected. Interior surfaces must be compatible with the leachate being stored.
b. Above ground and on ground tanks must be designed with a means for rapid detection of leaks and a secondary containment structure. The secondary containment structure must be sufficiently impermeable to contain spilled leachate for a long enough period to allow detection and cleanup to take place. The volume available for containment must not be less than 110 percent of either the largest tank within the containment system or the total volume of all interconnected tanks, whichever is greater. Containment structures must be designed to manage and remove stormwater.
c. Underground tanks must be double-walled and be designed for interstitial monitoring.
(5)Landfills Located in a Seismic Impact Zone. Facility structures, including liners, leachate collection systems, and surface water control systems for new landfills and expansions of existing landfills must be designed to withstand the maximum horizontal acceleration in lithified earth material having a 90% probability of not being exceeded in 50 years and in 250 years. The 50 year analysis is to be applied to the construction and operation periods. The 250 year analysis is to be applied to the post-closure period.
(6)Phased Operations. The landfill must be designed for phased operations based on estimated waste acceptance rates to ensure coordination with the design performance of the engineered systems. Phased operations must: sequence waste and cover placement, control run-on and run-off in accordance with the facility's stormwater management plan, plan for leachate management, protect the liner system against freeze and thaw effects, and maintain stability.
E.Alternative Design Process. Alternatives to the minimum design standards and requirements of section 2(D) may be proposed by the applicant. A variance request pursuant to the provisions of 06-096 CMR ch. 400, section 13 is not required for proposals which meet the requirements of this paragraph. The applicant shall submit the following documentation to clearly and convincingly demonstrate technical equivalency of the proposed alternative:
(1) A discussion of the benefits of the proposed alternative technology.
(2) A discussion of the risks and drawbacks of the proposed alternative technology.
(3) An assessment of similar applications of the proposed alternative technology.
(4) A demonstration that the alternative technology will provide equal or superior performance to the component it is proposed to replace, or that its inclusion within a system will result in equal or superior performance of that system.
(5) An assessment of the feasibility of constructing the proposed alternative, including the ability to provide an adequate level of quality assurance and quality control. A demonstration of the feasibility of construction may be required.
(6) An assessment of the likelihood that the proposed alternative will perform as designed through landfill operations, closure, and post-closure periods.
F.Engineering Report for Landfills. The engineering report for landfills must present the basis for the engineering design and the proposed construction procedures. It must discuss site specific factors considered during design and address design selection for the liner system, the leak detection system, the leachate collection, transport and storage system, the gas management system, and operational and final cover systems, as applicable. The report must also include a narrative evaluating the potential modes and significance of failures in engineered systems. All calculations and assumptions used in the evaluation and design of the proposed facility site must be submitted, including data developed for the geotechnical analysis and information supporting geosynthetic design, filter design, pipe designs, culvert sizes, dewatering rates and hydraulic conductivities. The report must include the following information:
(1)Stability Assessment Submission. A stability assessment for the landfill and leachate storage pond structures must be submitted. The stability assessment must include analysis of potential failure planes which pass through or along: the foundation soils, the waste mass, and/or the liner system components for both static and seismic conditions. The stability analyses must be supported by corroborative field and laboratory data that defines the site geology and hydrogeology, the geotechnical characteristics, the waste mass characteristics, and the geosynthetic characteristics, as applicable.

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.

(a) Static stability assessments are subject to the following requirements.
(i) The minimum factor of safety must be 1.3 during construction and operation periods, and 1.5 during the post closure period. For facilities that have been approved by the Department to use strength gain of the foundation soils in the stability assessment, the minimum factor of safety may be reduced from 1.5 to 1.3 during the first five years of the post closure period.
(b) Seismic stability assessments are subject to the following requirements:
(i) The minimum factor of safety must be 1.1 when designed to withstand the maximum horizontal acceleration in lithified earth material having a 90% probability of not being exceeded in 50 years. This requirement applies to the construction and operations periods.
(ii) The minimum factor of safety must be 1.0 when designed to withstand the maximum horizontal acceleration in lithified earth material having a 90% probability of not being exceeded in 250 years. This requirement applies to the post-closure period.
(iii) The maximum bedrock horizontal acceleration must be determined based on a seismic hazard map or a site-specific seismic risk assessment and must be modified to account for the influence of the site soils, engineered components, and the waste mass.
(iv) Unless otherwise approved by the Department, the seismic stability assessment must include an evaluation of permanent deformation, an evaluation of waste and soil strength loss due to cyclic loading, and an evaluation of liquefaction potential.
(2)Settlement Assessment Submission. An assessment must be made to predict total and differential settlement of landfill liners and leachate management structures. This assessment must include a demonstration that liners and leachate management structures will maintain their integrity and performance at maximum predicted settlements. A plan view showing settlement contours must be submitted when predicted landfill base settlements exceed two feet.
(3)Stability and Settlement Monitoring Plan. Unless otherwise approved by the Department, a stability and settlement monitoring plan, must be submitted for the construction and operations periods. Monitoring plans for modes of failure governed by foundation soils must include the use of instrumentation installed into the foundation soils. The monitoring plan must incorporate the conclusions, recommendations, and requirements of the stability assessment submitted under section 2 (F)(1)(a) and (b) and the settlement assessment submitted under section 2(F)(2). The monitoring plan must include reporting requirements to the Department, including an interpretation of the monitoring results by qualified personnel.
(4)Water Balance Submission. An assessment must be made of the volume of leachate, including consolidation water, to be generated by the landfill during operations, closure, and post-closure periods. As determined by the Department, a standard method for determining leachate quantity must be used, such as "Hydrologic Evaluation of Landfill Performance (HELP) Model", (EPA/600/R-94/168a and EPA/600/R-94/168b).
(5)Leachate Management Submission. Leachate management methods include on-site leachate recirculation and/or pretreatment, treatment, discharge, and off-site transport to a licensed waste water treatment facility for treatment and disposal. On-site leachate recirculation must be done within lined landfill areas that have active leachate management, if applicable. Also if applicable, on-site treatment and discharge of leachate must be licensed in accordance with the provisions of 38 M.R.S.A. §413 et seq.

The following must be submitted as part of the engineering report:

(a) A description of the leachate management method selected.
(b) A complete design for the leachate conveyance and storage system in accordance with the requirements of section 2(D)(4).
(c) As applicable, a complete design for on-site recirculation or ancillary facilities necessary to support treatment systems, and/or ancillary facilities necessary to support off-site treatment and disposal. The design for on-site treatment and/or pre-treatment systems must be sufficient to demonstrate that the containment design(s) are consistent with the conveyance, storage, and monitoring requirements for the rest of the facility. The discharge must be licensed in accordance with the provisions of 38 M.R.S.A. §413 et seq.
(d) An evaluation of expected leachate quality over the active life of the landfill to determine the need for pretreatment.
(e) A leachate management plan, including a narrative description and drawings of the leachate conveyance, storage, and pretreatment or treatment system. The plan must also include:
(i) A sewerage service or transport contract, or letter of intent to accept and treat the leachate except when leachate will be transported and treated by the facility owner.
(ii) An Action Leakage Rate (ALR) and a Response Action Plan (RAP) for facilities with a leak detection system in the landfill liner system and/or storage structure. The ALR is the basis for monitoring primary liner or storage structure performance during facility operations, closure, and post closure. The RAP must be developed for implementation in the event that the ALR is exceeded, and include provisions for Department notification.
(iii) A contingency and response plan for:
a. Significant failure modes identified in the leachate conveyance, storage, and on-site pretreatment and/or treatment systems. Significant failure modes are those that adversely impact the performance of the leachate management system in a manner that could rapidly result in a direct discharge of leachate to the environment.
b. Leachate disposal limitations at contracted treatment facilities.

As applicable, the plan must include a letter of intent or service contracts for proposed contingencies.

(iv) A proposal for monitoring leachate quality and quantity in accordance with the requirements of 06-096 CMR ch. 405.
(v) A maintenance, inspections, and testing plan for the leachate conveyance, storage and pretreatment and/or treatment systems.
(vi) A proposal to monitor and/or evaluate the performance of the leachate collection and transport systems, including monitoring for leaks.
(vii) A proposal to monitor and control the depth of leachate in the storage structure, including identification for each season of the normal range of operating depth in the structure.
(6)Gas Management Submission
(a) An assessment of the gas management methods available and the method(s) chosen for use at the proposed landfill must be submitted. The assessment must include:
(i) An estimate of type, volume, and concentration of landfill gas or gases to be generated during operations, closure, and post-closure;
(ii) An evaluation of gas migration potential;
(iii) A gas monitoring program in conformance with the requirements of section 4(C)(11); and
(iv) A detailed description of the methods to be used for installation of the gas collection or venting system, including a phasing plan, if applicable.
(b) The applicant shall also submit sufficient information to demonstrate conformance with the requirements of 40 CFR 60 Subpart WWW[ii] as amended up to July 1, 2014.
(7)Cell Development Plan. The application must include a cell development plan for phased operations of the landfill to meet the design standard of section 2(D)(6). The plan must consist of a conceptual plan for the life of the landfill and a detailed plan for an initial two year period.

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.

(8)Phased Final Cover System Proposal. An applicant may apply to construct a phased final cover system throughout the operational life of the landfill. To be considered for approval, the application must include all the applicable information required in sections 5(D), and 5(G) through 5(M) as well as information to address specific problems which may result from phased construction of a final cover system.

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).

(9)Waste Storage, Staging, and Burn Areas Design Submission. For facilities proposing waste storage and staging areas outside of the solid waste boundary, and/or a burn area for wood wastes and/or wood from construction/demolition debris as part of the facility site, a design and operating plan must be submitted. The storage and burn areas must be designed and operated in accordance with the storage and burn area requirements of 06-096 CMR ch. 402 sections 2 and 4, and must be located at a distance from water quality monitoring points sufficient to avoid contamination. The plan must provide for controls to manage potentially contaminated run-off and prevent the discharge of contaminants to the environment.
(10)Waste Characterization and Design Compatibility Submission. The wastes proposed to be accepted at the landfill must be characterized to enable the Department to determine that the wastes to be landfilled are non-hazardous and suitable for disposal in accordance with the proposed design, and to support the analytical parameters proposed in the environmental monitoring plan. The applicant must provide the following information for each type of waste proposed to be accepted for disposal at the landfill.
(a)Physical Characteristics. A general description of each waste type to be disposed of, along with estimates of the unit weight, projected volume, and characteristics applicable to stability and landfill settlement must be submitted. The information must be supported by corroborative field and laboratory data as applicable.
(b)Chemical Characterization. The applicant shall submit an initial chemical characterization and a proposal for on-going characterization for each waste type to be accepted based on actual test results where available, on results for similar wastes from other facilities or as published in the technical literature. Municipal solid waste, wood waste, construction/demolition debris, and land clearing debris are exempt from this requirement. The initial chemical characterization and the proposal for on-going characterization must be in conformance with the requirements of 06-096 CMR ch. 405.
(c)Assessment of Compatibility with Other Waste Types. Where more than one waste type is proposed for disposal at a landfill, the applicant must submit sufficient information to demonstrate compatibility of the different waste types. This assessment must include the following:
(i) Physical stability;
(ii) Chemical stability; and
(iii) Potential reaction products and consequences when wastes are mixed, including effects on leachate quality and volume.
(d)Assessment of Compatibility with Engineered Systems. The applicant shall provide the following information to determine whether the proposed waste types are compatible with landfill, storage and staging area components.
(i)Qualitative Evaluation of Compatibility. A qualitative evaluation of all landfill and waste storage and staging area components (liner materials, piping, geotextiles, etc.) and characteristics of the proposed waste types to determine compatibility must be submitted. This evaluation must include an up-to-date literature search and a synopsis of all information that the applicant used in making a determination of acceptable compatibility. Reference sources must be listed.
(ii)Existing Testing Data. When requested by the Department, available EPA method 9090 test results must be provided to ensure that the proposed landfill components are compatible with the expected leachate.
(iii)Testing of Components. When requested by the Department and when test data are not available, the applicant must provide for the testing of landfill components in accordance with EPA method 9090. Test results must be provided to the Department. Applicants for proposed special waste facilities that have not yet generated leachates should attempt to locate similar leachates for testing purposes. Testing in accordance with EPA Method 9100 may be required for landfill soil components on a case by case basis.
(11)Surface Water Control Plans. The applicant must submit two surface water control plans: an erosion and sedimentation control plan which meets the standards and submission requirements of 06-096 CMR ch. 400, section 4(J) and a stormwater management plan which meets the standards and submission requirements of 06-096 CMR ch. 400, section 4(M).
(12)Test Pads Submission. Applicants may propose a barrier soil test pad program to demonstrate that the proposed barrier soil material and construction methods will result in a barrier soil meeting the standards of section 2(D)(1). The test pad program must be approved by the Department prior to the start of the test pad construction. Demonstration of the success of the test pad program in consistently achieving the required standards may allow the applicant to reduce the reliance on in-place hydraulic conductivity testing. The program must:
(a) Specify the procedures to characterize the properties of the barrier soil at the borrow source;
(b) Specify the procedures to develop the construction methods to consistently achieve the required density, moisture content, and hydraulic conductivity;
(c) Specify the dimensions and the testing protocol for the test pad; and
(d) Specify the criteria that will be used to define a successful test pad program.
(13)Special Construction Requirements. At facilities where ground water monitoring in bedrock is anticipated or is being conducted, the applicant shall submit information on all measures to be taken to minimize the disturbance of soil material within five feet of the bedrock surface.
G.Contaminant Transport Analysis. The applicant shall provide a thorough analysis of the proposed site and the adjacent area that could be affected during operation and after closure of the landfill, in the event of releases of contaminants to groundwater beyond engineered systems. The purpose of this analysis is to assess the potential for an unreasonable threat to all identified sensitive receptors and to identify any operational or monitoring measures needed to ensure protection of the sensitive receptors. The potential for an unreasonable threat to a sensitive receptor is an arrival time of less than 6 years from the landfill or less than 3 years from leachate storage structures and pump stations of a concentration of a pollutant which would result in contamination of that sensitive receptor.
(1)Analysis. The contaminant transport analysis must be conducted using information obtained through the site specific investigation. For expansions of existing landfills, applicants must distinguish to the extent possible between any contaminant releases from the existing landfill and from the proposed expansion. Unless site-specific information or other pertinent data exists to establish a greater porosity, calculations must assume an effective porosity for flow of not greater than 0.1. Information utilized for these calculations must include in-situ hydraulic conductivity test results. A report must be submitted that addresses the area of the source, the initial concentration, mass transport and flow paths. It must project the extent and quality of plumes and the concentration of plumes and time of arrival at all identified sensitive receptors plotted in annual increments until steady state is approached, for the following scenarios:
(a) Contaminant transport from the landfill, leachate storage structures, and pump stations assuming maximum operational leachate generation rates, quantities, and concentrations, and that no engineered barriers to contaminant transport exist. The purpose of this analysis is to verify that all potentially affected sensitive receptors of contaminants have been identified and to simulate concentrations over time of contaminants at identified sensitive receptors.
(b) Contaminant transport from the landfill and leachate storage structures using the design leakage rates and quantities. The analysis must include the simulated concentration of contaminants at sensitive receptors and at the monitoring wells to assess the potential impact on ground and surface water quality in the event of discharge of pollutants outside engineered containment systems.
(2)Models. Complete documentation of the modeling effort must be included in the report. This documentation must address: the purpose of the modeling effort, the development of a conceptual model of the aquifer system, data collection, description of the contaminant transport model utilized, assignment of model parameters, model calibration, sensitivity analysis, model validation, data preprocessing and post processing, predictive scenarios, model results, and model records.
H.Plan View and Profile View Drawings. The application must include drawings showing all of the information required by section 2(C)(1) and the requirements listed below. Applicants may amend the application drawings prepared in accordance with the requirements of section 2(C)(1)(h) to include the requirements of this subsection.
(1)Plan View Drawings. The following must be included on the plan views. The plan views must be drawn to the same scale as required in section 2(C)(1), and must show existing and proposed locations of:
(a) All utilities and structures on the site; a description of these utilities must also be included;
(b) All surface water management structures including ditches, culverts, diversion structures, detention basins, and sedimentation basins;
(c) Borrow pits, if applicable;
(d) Any areas for stumps/brush, white goods, tires, or hot loads;
(e) Any gas monitoring probes and gas vents outside the solid waste boundary, if applicable;
(f) Fencing and gates;
(g) Leachate management structures;
(h) Any waste storage or staging areas;
(i) Temporary and permanent soil stockpile areas; and
(j) Baseline for cross-section drawings of the site.
(2)Profile View Drawings. Detailed profile views of the area within the solid waste boundary must include the existing land surface, the base grade, proposed lifts, and the proposed final grade and final elevation of the completed disposal site. Profile views are required as follows:
(a) Cross-sections of the area within the solid waste boundary taken at 100-foot intervals from a baseline, to the same horizontal scale as the plan view in section 2(C)(1) of this Chapter.
(b) Longitudinal cross-sections of the area within the solid waste boundary, taken at 100-foot intervals from a baseline, to the same horizontal scale as the plan view in section 2(C)(1) of this Chapter.
(c) Typical cross-sections of the road and water drainage features.

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.

I.Quality Assurance Plan. A Quality Assurance Plan (QAP) must be established and included with the application to assure that design specifications and performance requirements for all facility components are met during construction. The QAP must include, but is not limited to, the following:
(1) A description of the Construction Quality Assurance (CQA) measures to be implemented.
(2) A description of the relationship between the QAP, construction quality control, and the construction contract bid documents. The construction contract bid documents must also clearly define this relationship.
(3) A description of the responsibility and authority that organizations and/or personnel involved in permitting, designing, constructing, and certifying construction of the landfillwill have. This must also include a description of a construction problem resolution process that incorporates the roles and responsibilities of all parties, including the owner, manufacturer, installer, designer, CQA personnel, contractor, and the Department;
(4) The required qualifications of the CQA personnel and testing laboratories. Qualifications must meet the requirements of section 3(B). Personnel qualifications must include certification by the National Institute for Certification in Engineering Technologies (NICET), where applicable. Geosynthetics testing laboratories must be certified by the Geosynthetic Accreditation Institute - Laboratory Accreditation Program (GAI-LAP) for the tests to be performed.
(5) The inspections and tests to be performed to ensure that the construction and the materials conform to contractual and regulatory requirements for each landfill component. Appendix A of this Chapter contains requirements for earthworks testing programs that do not utilize test pads in accordance with section 2(F)(12).
(6) The sampling activities, sample size, methods for determining sample locations, frequency of sampling, acceptance and rejection criteria, and methods for ensuring that corrective measures are implemented;
(7) Record keeping and reporting requirements for CQA activities;
(8) A list and description of all items requiring CQA certifications, including identification of the engineer(s) responsible for these certifications.

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.

J.Construction Contract Bid Documents. The applicant must provide construction contract bid documents, including drawings, technical specifications, and the contract administrative documents. The applicant may provide draft construction contract bid documents at the time the application is filed, and subsequently submit final detailed construction contract bid documents to the Department for review and approval on a schedule approved by the Department.
K.Water Quality Report and Proposed Monitoring Program. The water quality report shall be prepared in accordance with the site characterization requirements of 06-096 CMR ch. 405. This report shall include a proposed water quality monitoring program addressing the requirements of Section 2 of 06-096 CMR ch. 405. Surface water monitoring is not required at those landfills for which the contaminant transport analysis indicates there is no potential for discharge to a surface water body.
L.Operations Manual. A copy of the operations manual must be submitted as part of the application. The operations manual must meet the requirements of section 4. The Department recognizes that certain information may not be available at the time of application. Information not available at the time of application must be included in a revised operations manual in accordance with the requirements of section 4(A)(1).

06- 096 C.M.R. ch. 401, § 2