Current through Register Vol. 54, No. 49, December 7, 2024
Section 264a.301 - Design and operating requirementsIn addition to the requirements incorporated by reference:
(1) For a landfill subject to the design and operating provisions of 40 CFR 264.301(a) or (c) (relating to design and operating requirements), a minimum distance of 4 feet between the bottom of the liner and seasonal high groundwater table shall be maintained without the use of artificial and manmade groundwater drainage or dewatering systems. Soil mottling may indicate the presence of a seasonal high groundwater table. The distance between the bottom of the liner and the regional groundwater table shall be a minimum of 8 feet.(2) The Department may, upon written application from a person who is subject to this section, grant a variance from this section. An application for a variance shall identify the specific provision from which a variance is sought and demonstrate that suspension of the identified provision will result in a level of protection of the environment and public health equivalent to that which would have resulted from compliance with the suspended provision. A variance shall be at least as stringent as the requirements of section 3010 of RCRA ( 40 U.S.C.A. § 6930 ), and this article.(3)40 CFR 264.301(l) (relating to landfills located in the State of Alabama) is not incorporated by reference.