132 Neb. Admin. Code, ch. 2, § 014

Current through September 17, 2024
Section 132-2-014 - Research, Development, and Demonstration Permits (RD&D)
014.01 Except as provided in Section 014.06 of this chapter, the Director may issue a research, development, and demonstration permit for a new municipal solid waste landfill (MSWLF) unit, existing MSWLF unit, or lateral expansion, for which the owner or operator proposes to utilize innovative and new methods which vary from either or both of the following criteria provided that the MSWLF unit has a leachate collection system designed and constructed to maintain less than a 30-centimeter depth of leachate on the liner:
014.01A The run-on control systems in Chapter 3, Section 003.04E 1; and
014.01B The liquids restrictions in Chapter 3, Section 004.10A.
014.02 The Director may issue a research, development, and demonstration permit for a new MSWLF unit, existing MSWLF unit, or lateral expansion, for which the owner or operator proposes to utilize innovative and new methods which vary from the final cover criteria of Chapter 3, Sections 005.01A1 and 005.01B1, provided the MSWLF unit owner/operator demonstrates that the infiltration of liquid through the alternative cover system will not cause contamination of groundwater or surface water, or cause leachate depth on the liner to exceed 30-centimeters.
014.03 Any permit issued under this section must include such terms and conditions at least as protective as the criteria for municipal solid waste landfills to assure protection of human health and the environment. Such permits shall:
014.03A Provide for the construction and operation of such facilities as necessary, for not longer than three years, unless renewed as provided in Section 014.05 of this chapter;
014.03B Provide that the MSWLF unit must receive only those types and quantities of municipal solid waste and nonhazardous wastes which the Director deems appropriate for the purposes of determining the efficacy and performance capabilities of the technology or process;
014.03C Include such requirements as necessary to protect human health and the environment, including such requirements as necessary for testing and providing information to the Director with respect to the operation of the facility;
014.03D Require the owner or operator of a MSWLF unit permitted under this section to submit an annual report to the Director showing whether and to what extent the site is progressing in attaining project goals. The report will also include a summary of all monitoring and testing results, as well as any other operating information specified by the Director in the permit; and
014.03E Require compliance with all criteria in this Chapter, except as permitted under Section 014.
014.04 The Director may order an immediate termination of all operations at the facility allowed under this section or other corrective measures at any time the Director determines that the overall goals of the project are not being attained, including protection of human health or the environment.
014.05 Any permit issued under this section shall not exceed three years and each renewal of a permit may not exceed three years.
014.05A The total term for a permit for a project including renewals may not exceed twelve years; and
014.05B During permit renewal, the applicant shall provide a detailed assessment of the project showing the status with respect to achieving project goals, a list of problems and status with respect to problem resolutions, and any other requirements that the Director determines necessary for permit renewal.
014.06 Small MSWLF units
014.06A An owner or operator of a MSWLF unit operating under an exemption set forth in Chapter 3, Section 003.06 is not eligible for any deviation from Chapter 3, Section 003.04E1, and Chapter 3, Section 004.10A.
014.06B An owner or operator of a MSWLF unit that disposes of 20 tons of municipal solid waste per day or less, based on an annual average, is not eligible for a deviation from Chapter 3, Section 005.01B1, except in accordance with Chapter 3, Section 005.01B3.

132 Neb. Admin. Code, ch. 2, § 014