Current through October 15, 2024
Section 250-RICR-140-05-2.1 - Solid Waste Landfills2.1.1General InformationA. Definitions of terms used in these Regulations can be found in § 1.5 of this Subchapter.B. In addition to meeting the general requirements set forth in § 1.7 of this Subchapter, each application for a license to construct and operate a landfill subject to this Rule must contain the following: 1. Engineering plans detailing the proposed landfill's location of the property boundaries, adjacent land uses and complete construction plans pursuant to § 2.1.2 of this Part.2. Operating plans pursuant to § 2.1.3 of this Part.3. A sedimentation and erosion control plan prepared in accordance with § 2.1.4 of this Part.4. An engineering report comprehensively describing the existing site conditions and an analysis of the landfill, including closure and post closure criteria, prepared in accordance with § 2.1.5 of this Part.5. A quality assurance/quality control report prepared in accordance with § 2.1.6 of this Part.6. A contingency plan report prepared in accordance with § 2.1.7 of this Part.7. A hydrogeological report and water quality monitoring plan prepared in accordance with the provisions of § 2.1.8 of this Part.8. A legal document certifying acceptance of leachate by the operator of a wastewater treatment facility for the discharge of leachate to that facility, if applicable or, for on-site treatment and discharge of leachate, a Rhode Island Pollution Discharge Elimination system permit.9. A closure plan and post-closure care plan prepared in accordance with § 2.1.9 of this Part.2.1.2Engineering PlansA. The engineering plans must contain the following:1. Locus Map: A copy of the latest geologic survey map delineating the site boundaries, the entire existing and proposed service area, as appropriate, and indicating directions and distances to airports within fifteen (15) miles of the landfill.2. Radius Plan: A radius plan including all the information listed below shall be submitted. The radius plan must be drawn to an appropriate scale adjusted to fit on a standard size sheet and including all areas within a one half (1/2) mile radius out from all property lines of the site. The required information includes: a. Zoning of the areas as required by § 1.7(E)(5) of this Subchapter.b. All buildings and dwellings c. All water supplies (wells, etc.)d. All surface waters including wetlands (with quality classifications)e. All known principal and primary water supply aquifers (with quality classifications)f. All roads, bridges, railroads, airports, and historic sites h. Legal boundaries of site certified by a Registered Land Surveyor in the State of Rhode Islandj. Extent of one hundred (100) year flood plain (where applicable)k. All other existing and proposed non-made or natural features relating to the facility 3. Site Plan: A site plan including all of the information listed below for all areas within the site shall be submitted. The site plans must be drawn to an appropriate scale adjusted to fit on a standard size sheet. The required information includes: a. Initial ground contours at five foot (5') intervalsb. Final proposed contours at five foot (5') intervalsc. Boring locations, excavations and test pitsd. The location and placement of each liner systeme. The location and placement of each leachate collection system showing all critical grades and elevations of the collection pipe inverts and drainage envelopes, manholes, cleanouts, valves, sumps, and pumps if necessaryf. Proposed gas controls, wells, header pipes, vents and flares (if any)h. Water supply wells (if any)i. Surface water courses (if any) k. Cross section lines (see §2.1.2(D) of this Part)l. Areas to be used for storing salvaged materials and recycled materials m. Areas to be used for special waste as listed in §2.3.6(D) of this Partn. Groundwater monitoring wellso. Legal boundaries of the site certified by a Registered Land Surveyor in the State of Rhode Islandp. Power lines, pipe lines, rights of way and other utilitiest. Location of borrow areasu. Boundaries of areas to be filled including planned stage development of the landfill's construction and operationv. Benchmarks and permanent survey markersw. Lateral and vertical limits of previously filled areas (if any)y. Berms, dikes, ditches, sedimentation ponds, swales and other devices as needed to control or collect surface water run-on and run-off z. Location and details of leachate storage, treatment and disposal systemsaa. Typical roadway sections and profiles (for paved roadways)4. Cross Sections: Typical cross section plans including all the information listed below shall be submitted. A minimum of two (2) cross sections will be required of right angled center lines passing through the approximate middle of the site. The cross section plans should be drawn at appropriate horizontal and vertical scales. The required information includes: c. Maximum groundwater tablef. Details of surface drains and ditchesg. Final fill elevations and gradesi. Final cover details & elevations j. Details on access road constructionk. Details of the liner systeml. Details of leachate collection systemsm. Details of gas management facilitiesn. Details of groundwater monitoring wells5. Airport Safety: An owner or operator applying to site a new Solid Waste Landfill (SWLF) unit and/or a lateral expansion of an SWLF unit within a five (5) mile radius of any airport runway end used by turbojet or piston-type aircraft must notify the affected airport and the Federal Aviation Administration (FAA) of this application and show proof to the Director of this notification.2.1.3Operating PlanA. An operating plan shall be submitted including information on all of the areas listed below. The duration of the operating plan shall equal that of the license. The operating plan shall be reviewed by the applicant prior to the license renewal and any changes to such plan shall be submitted to the Department for approval at that time.B. The applicant must demonstrate an ability to comply with all General Operating Standards and with the Sanitary Landfill Operating Standards listed in § 1.7 of this Subchapter and § 2.3 of this Part, respectively. The following information shall be included in the plan: 1. Type of landfill method to be used (trench, area, etc.)2. Proposed sequence of filling operation3. Fire control and prevention provisions5. All types of refuse to be accepted with corresponding approximate percentages of the total refuse6. Personnel and duties, including a description of all personnel that will receive training in order to become knowledgeable of the procedure, equipment, and process at the facility, relative to the position in which they are employed 7. Projected use of completed site9. Vector control program10. Litter control program12. Procedures to promote vegetative growth on completed areas13. Equipment to be on site during operating hours14. Substitute equipment arrangement15. Communications equipment available16. Population and service area18. Provisions for limited access20. Estimated life of landfill21. Salvaging operations and handling procedures for source segregated recyclable materials or other recyclables to be stored for recycling22. Handling procedures for special wastes as listed in § 1.7(E) of this Subchapter and §2.3.6(D) of this Part and procedures for SWLF units to exclude regulated hazardous wastes and polychlorinated biphenyl (PCB) wastes, per §2.3.6(E) of this Part23. Leachate collection removal and disposal operations and schedule24. Leachate treatment operations (if any)25. Groundwater monitoring operations and schedule26. Air monitoring operation and schedule including gas monitoring program27. Surface drainage control methods28. If applicable, a description of the operation of a convenience station at the landfill for smaller private vehicles to unload refuse at an area other than the landfill's working face29. Outline of the records to be kept, location of records, and retention period of records2.1.4Sedimentation and Erosion Control PlanA. A sedimentation and erosion control plan including all of the information listed below for all areas within the site shall be submitted. The sedimentation and erosion control plan must be drawn to an appropriate scale adjusted to fit on a standard size sheet. The required information includes: 1. The identification of all areas of disturbed, erodible, non-vegetated, non-stable soils2. The identification of all planned activity areas which could result in erosion due to unstable soil conditions3. The definitive, specific location for temporary sediment and erosion control installation4. The types of temporary sediment and erosion controls to be utilized. Such controls must be able to withstand all expected velocities from site flows under anticipated storm events and must be capable under such conditions to retain eroded soils with maximum stability and efficiency.5. The method of temporary sediment and erosion control installation, including the time of installation6. The method and schedule of maintenance, modification, enforcement, and replacement of temporary sediment and erosion controls based upon operations and existing or anticipated erosion problems, including on-site and off-site borrow areas and any other areas that may be disturbed by landfill operations7. The means and method of sediment removal collected within or behind any controls, including anticipated time periods between removal8. Existing vegetation to be retained9. Proposed vegetation to be used for cover, screening and other purposes10. Seeding and planting schedule that accounts for the various stages of landfill development (construction, operation and closure)11. Seed mixture choice, fertilization procedures and procedures for seed application (identify seasonal limitations, as appropriate), mulching and maintenance12. Planting plan and schedule (which must identify plants to be used consistent with future use proposals)13. A schedule of cutting and clearing of existing vegetation so as to maintain the maximum natural area at all times2.1.5Engineering ReportA. An engineering report containing a description of the existing site conditions and an analysis of the proposed landfill in accordance with the construction standards of § 2.2 of this Part shall be submitted. The following information shall be included in the report: 1. The proposed design capacity of the landfill for which approval is being sought, expressed in tons per day.2. An analysis of the existing topography, surface water and subsurface geological conditions in accordance with the requirements of § 2.1.8 of this Part.3. A description of the materials and construction methods used for the placement of the following: a. Groundwater monitoring wells c. Each liner and leachate collection and removal system d. Leachate storage treatment and disposal systemf. This description must demonstrate conformance with the construction requirements found in § 2.2 of this Part, and must include a discussion of provisions to be taken to prevent frost action upon each liner system in areas where refuse has not been placed.4. An estimate of the expected quantity of leachate to be generated, including: a. An annual water budget that must estimate leachate generation quantities during initial operation, upon application of intermediate cover and following facility closure. At a minimum, the following factors must be considered: (1) Average monthly temperature(2) Average monthly precipitation(5) Surface/cover soil conditions(6) All other sources of moisture contribution to the landfill(7) Guidance for leachate calculations may utilize National Weather Service data for Providence, Rhode Island, United States Department of Agriculture Climate Data for Providence, Rhode Island and USDA, Soil Conservation Service for Rhode Island soil data.b. Liner and leachate collection system efficiencies that must be calculated using an appropriate analytical or numerical assessment. At a minimum, the factors to be considered must include: (1) The saturated hydraulic conductivity of the liner(3) The saturated hydraulic conductivity of the leachate collection system(4) The leachate collection system porosity(5) The base slope of the liner and leachate collection and removal system interface(6) The maximum flow distance across the liner and leachate collection and removal system interface to the nearest leachate collection pipe(7) The estimated leachate generation quantity as computed in accordance with the requirements of §2.1.5(D)(1) of this Part c. Predictions of the static head of leachate on the liners, volume of leachate to be collected, and the volume of leachate that may permeate through the entire liner system, all on a monthly basis. Information gained from the collection efficiency calculations required in §§2.1.5(D)(1) and (2) of this Part must be used to make these predictions. This assessment also must address the amount of leachate expected to be found in the secondary leachate collection and removal system in gallons per acre per day (the "action leakage rate").5. Design of a leachate storage facility, if necessary. The storage facility's capacity must be based upon the leachate generation calculation required in §2.1.5(D) of this Part. The design capacity for the leachate storage facility must be based on the proposed leachate disposal method that must allow sufficient lead time for either: a. Approval for the construction and operation of an on-site leachate treatment facility or b. Approval to handle leachate destined for off-site treatment at a wastewater treatment facility.6. A description of the contingency plan for the construction phase. This plan must describe procedures for responding to construction deficiencies resulting from circumstances including, but not limited to, inclement weather and defective materials or construction inconsistent with specifications as demonstrated by quality control testing. The plan must: a. Provide a description of the criteria to be utilized in evaluating deficiencies b. Select and implement corrective actionsc. Discuss the closure and post-closure maintenance and operation of the landfill which must include, but not be limited to: (1) A closure design consistent with the requirements of §§ 2.1.9 and 2.2.12 of this Part(2) A post-closure water quality monitoring program consistent with § 2.1.9 of this Part(3) An operation and closure plan for the leachate collection, treatment, and storage facilities(4) A discussion of the future use of the site, including the specific proposed or alternative uses. Future uses must conform to the sedimentation and erosion control plan, required pursuant to § 2.1.4 of this Part, and must not adversely affect the final cover system.7. A description of the daily and intermediate cover material, including a sieve analysis, performed by a competent soil testing agency. An estimation of the amount (in cubic yards) of cover material available and the source will also be required. If the cover material is to be purchased, a letter from the vendor stating the amounts which can be supplied must also be submitted.8. A description of procedures and precautions to be taken during the placement of the first (1st) lift of waste above the liner and leachate collection system, describing the selected solid waste and its placement, approach and operation of collection vehicles and compaction equipment, with concern for minimizing adverse impacts on the liner and leachate collection system.2.1.6Quality Assurance/Quality Control ReportA. The project's Quality Assurance (QA) and Quality Control (QC) report must address the construction requirements set forth in § 2.2 of this Part for each specified phase of construction. This plan must include, but not be limited to: 1. A delineation of the QA and QC management structures, including the chain of command of the QA and QC inspectors, and describing the quality control and corrective action implementation responsibilities of the QA and QC inspectors and the contractors.2. A description of the required level of experience for the contractor and his crew for every major phase of construction which shall be sufficient to ensure that the installation methods and procedures as required per § 2.2 of this Part are properly implemented.3. A description of the required level of experience of the QA and QC inspectors for every major phase of construction to ensure that the QA and QC testing is properly implemented.4. A description of the required level of training, if necessary, to be provided for the contractor's personnel and the inspectors, to ensure that the installation methods and procedures and the contingency methods are properly implemented and that corrective action will be properly employed, when necessary.5. A description of the QA and QC testing and inspections for every major phase of construction, which shall include but not be limited to the following: a. The frequency of inspectionsb. The frequency of field testingc. The frequency of sampling for laboratory testingd. The sampling and field testing procedures to be utilizede. The sampling and field testing equipment to be utilizedf. The calibration of field testing equipmentg. The frequency of system or performance auditsi. The soils or geotechnical laboratory to be usedj. The laboratory procedures to be utilized k. The calibration of laboratory equipment and QA/QC of laboratory proceduresl. The limits for test failurem. The description of the corrective procedures to be used upon test failure2.1.7Contingency PlanA. The contingency plan must discuss an organized, planned and coordinated, technically and financially feasible course of action to be taken in responding to contingencies during the construction and operation of a landfill. The plan must address, at a minimum: 1. Actions to be taken with respect to personnel and user safety2. On-site personal injury4. Explosive landfill gases detected on site6. Unusual traffic conditions7. Deposition or receipt of waste not authorized by the Department to be disposed of at the facility8. Releases of hazardous or toxic materials9. Groundwater and surface water contamination including public and private water supply contamination10. Presence of leachate in the secondary leachate collection and removal system, including: a. Establishing limits for Action Leakage Rates (ALR) and Rapid and Large Leakages (RLL)b. Description of Response Action Plan (RAP) if ALR and RLL are exceeded11. The leachate storage facility being at or above capacity12. Leachate tank and surface impoundment spills or leakage (including removal of the waste and repair of such structures)13. The inability of the approved leachate treatment facility to accept leachate from the landfill for an indefinite period of time.2.1.8Hydrogeological ReportA. The hydrogeologic report must define the landfill site geology and hydrology and relate these factors to regional and local hydrogeologic patterns; provide a three (3) dimensional understanding of groundwater and surface water flow at the site sufficient to determine the ultimate suitability of the site for landfilling; establish an environmental monitoring system capable of readily detecting a contaminant release from the facility and determining whether the site is contaminating surface or subsurface waters; and form the basis for design of the facility and contingency plans relating to ground or surface water contamination or gas migration. The hydrogeologic report for a new landfill, and for a lateral expansion of an existing landfill, must contain a site investigation plan, a site investigation report, and an environmental monitoring plan.B. Requirements of the Site Investigation Plan: The site investigation plan must clearly define all methods to be used in investigating the hydrogeologic conditions of the site, the scope of the intended investigation, and any specific hydrogeologic questions that the investigation is designed to address. The applicant is strongly encouraged to develop a draft version of the plan for review with the Department before starting the hydrogeologic investigation, and to keep the Department informed of the findings and subsequent investigative proposals as the study proceeds. The final version of the plan included in the hydrogeologic report section of the license application must fully describe all methods of investigation used. The plan must comply with the following: 1. General requirements for all methods used - In obtaining the required hydrogeologic information, the applicant must employ current, standard, and generally accepted procedures in meeting the requirements of this Section. Unless otherwise approved by the Department, all work must be done in accordance with applicable American Society for Testing Materials standards or current and appropriate U.S. Environmental Protection Agency guidance documents. Alternative or innovative methodologies may be approved by the Department. All procedures must be conducted under the supervision of a geologist, hydrogeologist, or geotechnical engineer having experience in similar hydrogeologic investigations, in a manner that ensures accuracy of the data and precludes environmental degradation. The location of all installations, geophysical and geochemical surveys, and seismic lines must be shown on a map with the same scale and coordinate grid system used on the engineering plans.2. Literature search - A comprehensive search must be made for pertinent and reliable existing information concerning regional and site-specific hydrogeologic conditions. The literature search must include, as available, records and reports of the U.S. Soil Conservation Service; basin planning reports, water table maps, geologic bulletins, water supply papers, professional papers and other reports of the U.S. Geological Survey; publications and bulletins of the Geological Society of America and other professional organizations; and publications of the U.S. Environmental Protection Agency and Department, college and university reports; and aerial photography or remotely sensed imagery.3. Surficial geologic mapping - The site must be mapped to determine the distribution of surficial deposits on and surrounding the site based upon existing information, field evaluations, and field confirmation of all interpretations made on the site itself.4. Water well surveys - A survey of public wells within three miles of the site and private water wells within one mile downgradient and one quarter (1/4) mile upgradient of the proposed site must be conducted. An alternative distance may be agreed upon by the Director. Surveys must obtain, where available, the location of wells, which must be shown on a map with their elevation and depth, name of owner, age and usage of the well; geologic unit screened; well construction; static water levels; well yield; actual or perceived water quality; and any other relevant data which can be obtained. 5. Fracture trace analysis - The Department may require the use of fracture trace analysis to identify potential pathways of groundwater and contaminant migration.6. Geophysical and geochemical surveys - The Department may require the use of geophysical and geochemical methods, such as electromagnetic resistivity, seismic surveys, and soil gas analysis, to justify the interpretations and conclusions of the site investigation report, and to provide information between boreholes and aid in the siting of wells.7. Tracer studies - The Department may require the use of tracer studies to aid in understanding groundwater flow and potential contaminant transport, or to otherwise assist in devising an effective environmental monitoring plan.8. Monitoring wells and piezometers a. Construction in general (1) Monitoring wells and piezometers must define the three (3) dimensional flow system within the aquifer to justify the interpretations and conclusions of the hydrogeologic report. For all landfill units, monitoring wells must be installed at appropriate locations and depths to yield groundwater samples from the uppermost aquifer.(2) Construction techniques must be appropriate to ensure that groundwater samples and head level measurements characterize discrete stratigraphic intervals; and to prevent leakage of groundwater or contaminants along the well annulus. If leakage is detected, it must be corrected or the well must be abandoned.(3) Monitoring wells and piezometers may be placed individually or as well clusters. Well clusters consist of individual wells at varying depths in close proximity, each installed in its own boring. Multiple wells placed into one (1) large borehole are prohibited unless Department approval is obtained.(4) Soil borings, soil samples, and rock cores must characterize each geologic unit within the aquifer to justify the interpretations and conclusions of the hydrogeologic report.(5) Every appropriate precaution must be taken during drilling and construction of monitoring wells to avoid introducing contaminants into a borehole. Only potable water may be used in drilling monitoring wells or piezometers.(6) All equipment to be placed into the boring must be properly decontaminated before use at the site and between boreholes. The initial cleaning at the site must be sufficient to ensure that no contaminants from the last site drilled will be introduced into the borings. All equipment must be steam cleaned between holes. Upgradient wells should be drilled first. b. Construction of monitoring wells and piezometers (1) Well casing: All permanent groundwater monitoring wells shall be constructed of PVC well casing material. All casing shall have a minimum inside diameter of two inches (2.0"). Monitoring wells constructed in unconsolidated material less than one hundred feet (100') in depth shall be constructed using a minimum of schedule forty (40) PVC. Wells greater than one hundred feet (100') shall be constructed using a minimum of schedule eighty (80) PVC. Assembly and installation: All casing shall be constructed of flush threaded joints or threaded coupling joints. All joints shall be fitted with an "O" ring or wrapped with teflon tape. Solvent welded joints are not permissible without prior written permission of the Director. Exceptions: The Director may allow alternate well casing material if the containment concentrations or geologic setting require an alternative construction. Alternative materials include but are not limited to: (CC) Uncoated or galvanized steel.(2) Well screen: The well screen slot size shall be sized to retain at least ninety percent (90%) of the grain size of a filter pack or at least sixty percent (60%) of the grain size of the collapsed formation. Well screens on water table wells shall not exceed fifteen feet (15') in length. Well screens for piezometers shall not exceed five feet (5') in length. Well screens shall be factory slotted. A bottom cap and sump sediment trap shall be installed. Water table variations, site stratigraphy, expected contaminant behavior, and groundwater flow must be considered in determining the screen length, materials, and position. Where existing contamination is suspected or known, down hole geophysical techniques may be required by the Department to aid in selecting well screen elevations.(3) Filter pack: The filter pack shall be chemically inert, well rounded and well sorted glass beads or silica based sand or gravel of uniform grain size. The filter pack must minimize the amount of fine material entering the well, and it must not inhibit the flow of water into the well. The filter pack shall extend no more than five feet (5') above the well screen. The filter pack shall not contaminate groundwater.(4) Sealing requirements: (AA) Filter pack seal: All monitoring wells installed with a filter pack shall be constructed with a top of filter pack seal.(BB) Annular space seal: All monitoring wells shall be installed with an annular space seal that has a permeability of 1 x 10-7 centimeters per second or less.(CC) Ground surface seal: All monitoring wells shall be constructed with a continuous pour concrete ground surface seal. The ground surface seal shall extend to a minimum of forty inches (40") below the land surface and shall be flared such that the diameter at the top is greater than the diameter at the bottom. The top of the ground surface seal shall be sloped away from the well casing, and shall be imprinted with the designation of the monitoring well.(5) Protective cover pipe: The protective pipe shall consist of a minimum four inch (4") diameter metal casing with locking cap. The protective pipe shall extend from the bottom of the ground surface seal to a minimum of twenty-four inches (24") above the land surface. There shall be no more than four inches (4") between the top of the well casing and the top of the protective pipe. The monitoring well designation shall be indicated clearly on the protective cover pipe. A gas vent shall be installed. A high visibility guard post to prevent destruction of the well may be required. The Director may request additional protective devices as necessary. "Road boxes" will be acceptable in locations where protective cover pipes are not stable. All road boxes shall be locking and air tight.(6) Where under the circumstances of a particular situation the Department believes that the methods identified in this section are inadequate, it may require additional measures to be taken to prevent migration of contaminants along the well annulus or to otherwise protect the well.(7) Alternative construction methods for piezometers may be approved by the Department if those methods meet the requirements set forth in this Part.c. Well and piezometer development - Development of all monitoring wells and piezometers shall be performed no earlier than twenty-four (24) hours after installation and before the initial water quality samples are taken. The goal of well development is to produce water free of fine sand and coarser material, all drill cuttings and drilling fluids. (1) Survey - The locations and elevations of all existing and abandoned test pits, soil borings, monitoring wells, and piezometers must be surveyed to obtain their precise location and plotted on a map in the hydrogeologic report. The vertical location of the ground surface and the mark made on the top of the monitoring well and piezometer risers must be accurately measured to the nearest one hundredth of a foot (1/100').(2) Where a well is damaged, or for any other reason cannot be sampled, the Department must be notified in writing no later than fifteen (15) days after discovery of the situation.(3) Replacement of wells - All wells must be properly protected to ensure their integrity. If in the opinion of the Department, water quality or other data show that the integrity of a well is lost, the well must be replaced and sampled within a time period acceptable to the Department after written notification by the Department.(4) Abandonment of wells - All soil borings or rock cores which are not completed as monitoring wells or piezometers, and other abandoned wells, must be fully sealed in a manner appropriate for the geologic conditions in order to prevent contaminant migration through the borehole.(5) Abandonment procedures - The well shall be checked from the land surface through the entire depth of the well before it is sealed to ensure against the presence of any obstructions that will interfere with sealing operations. (AA) Wells constructed with an annular seal shall be abandoned by cutting off the casing a minimum of four feet (4') below land surface. The remaining casing shall be completely filled with a neat cement grout or bentonite-cement grout.(BB) Wells not known to be constructed with an impermeable annular seal shall be abandoned by completely removing the well casing and sealing with neat cement or bentonite-cement grout. If the casing cannot be removed during the abandonment of a well, the casing shall be thoroughly ripped or perforated from top to bottom, except that perforations will not be required over intervals of the well that are sealed with cement. The screened portion of the well and the annular space between the casing and the drillhole wall shall be effectively and completely filled with cement or bentonite-cement grout applied under pressure.(6) The owner or operator of an SWLF unit must notify the Director that the documentation of the development and decommissioning of any monitoring wells and piezometers has been placed in the landfill's operating record.9. Geologic sampling - A representative number of borings and rock cores must be sampled continuously throughout the length of the hole. In any additional borings not continuously sampled, samples must be taken at five foot (5') intervals in unconsolidated deposits and, in rock, as required by the Department. For well clusters, continuous samples must be collected from the surface to the base of the deepest well. Other wells in the cluster must be sampled at all stratigraphic changes, and at the screened interval. Soil borings must be sampled using the split spoon method and bedrock or boulders must be sampled by coring with standard size NX or larger diameter core bits. Samples must be retained in labeled glass jars or wooden core boxes. Core samples must be securely stored and accessible throughout the life of the facility. Unconsolidated samples must be retained for three (3) years after the permit is issued. The proposed location of the storage area must be designated in the operation and maintenance plan for the facility.10. Logs a. Complete and accurate drilling logs must be provided to the Department for all soil borings. These logs must provide detailed soil classification. Logs also must contain a description of matrix and clasts, mineralogy, roundness, color, appearance, odor, and behavior of materials using an appropriate descriptive system. A clear description of the system used must be included with the logs. When undisturbed samples have been taken, the interval tested and the test results must be clearly shown on the logs. All well logs must contain drilling information as observed in the field including: moisture content, location of the water table during drilling, water loss during drilling, depth to significant changes in material and rock, sample recovery measured in tenths of a foot, hammer blow counts, and other pertinent comments, the method of drilling, anomalous features such as gas in the well, and the use and description of drilling fluids or additives, including the source and calculated and actual amounts of materials used. b. Rock core logs must describe the lithology, mineralogy, degree of cementation, color, grain size, and any other physical characteristics of the rock, percent recovery and the rock quality designation (RQD), other primary and secondary features, and contain all drilling observations and appropriate details required for soil boring logs. A clear photographic record of all labeled cores must also be taken and submitted with the logs.c. Well completion logs must contain a diagram of the completed well, all pertinent details on well construction, a description of materials used and elevations of all well features. The owner or operator of an SWLF unit must notify the Director that the documentation of the design and installation of any monitoring wells and piezometers, has been placed in the landfill's operating record.d. For an SWLF unit, there shall be either a certified statement from a qualified groundwater scientist or approval by the Director of the number, spacing, and depths of the installed groundwater monitoring wells. If there is a certified statement from a qualified groundwater scientist, concerning this matter, then the owner or operator of the SWLF unit shall notify the Director, within fourteen (14) days of this certification, that the certified statement has been placed in the landfill's operating record.11. Water quality sampling and analysis - Water quality samples, low in turbidity, must be collected by personnel trained in sample collection methods and fully informed of the sampling techniques specified in the site investigation and environmental monitoring plans. These plans must specify: how samples will be collected and preserved; chain of custody documentation; analyses required; methods of analyses; and quality control/quality assurance protocols. All methods must be acceptable to the Department. A record of the methods employed and the personnel involved must be kept and reported to the Department with the analytical data. The owner or operator of an SWLF unit must notify the Director that the documentation of these sampling and analytical devices and procedures has been placed in the landfill's operating record. a. Monitoring well sampling techniques must be consistently performed each time a well is sampled, and must comply with the following: (1) In areas where the presence of explosive or organic vapors as suspected, ambient air in the well must be checked for their presence before the well is evacuated. In addition, before evacuation of the well, static water level must be measured to the nearest one hundredth of a foot (1/100') using standard techniques; and for wells with documented contamination, where contamination by non-aqueous phase liquids may be present, standing water in the well must be checked for immiscible layers or other contaminants that are lighter or heavier than water (floaters or sinkers). If present, floaters or sinkers must be sampled and analyzed separately by a method described in the site investigation plan. (2) Evacuation of the well must replace stagnant water in the well and the sand pack with fresh water representative of the aquifer. Evacuation methods must create the least possible turbidity in the well and must not lower the water in the well below the top of the sand pack. Evacuated water must be properly managed.b. Surface water sampling - The Department may require the sampling and analysis of surface water sampling points in a variety of situations. Surface water sampling methods must be consistently applied each time a point is sampled and must comply with the following: (1) Samples collected from shallow water should not include bottom sediment. In shallow moving water, downstream samples must be collected first to avoid disturbing the bottom sediments.(2) Each water body over ten feet (10') deep that is sampled must be checked for stratification, and each stratum must be checked for contamination using field parameters. Each stratum showing evidence of contamination must be separately analyzed. If no stratum shows such evidence, a composite sample having equal parts of water from each stratum must be analyzed.c. Except as otherwise specified by the Department, all samples must be whole and unfiltered and must be collected in a manner which produces the least possible turbidity.d. Analysis of water quality data (1) Field analysis must be performed after evacuation of the well, either within the borehole using a probe or immediately after collection. All field test equipment must be calibrated at the beginning of each sampling day and checked and recalibrated according to the manufacturer's specifications. Calibration data must be reported with the analytical results.(2) Laboratory analyses must be performed using analytical methodologies acceptable to the Department. Where necessary to achieve acceptable minimum detection levels, the Department may require the use of specific analytical methods. (3) All samples must be collected and stored in the order of the parameter's volatilization sensitivity using methods, consistently applied, which ensure sample integrity.(4) Written reports containing the laboratory results must be submitted to the Department, and must include certification by the laboratory as to the accuracy and analytical methods used.(5) After volatile organic samples have been collected, field parameters must be measured from the next sample collected.(6) Samples must be properly preserved and delivered to the laboratory within all appropriate holding times for the parameters to be analyzed and with proper chain of custody.(7) Blanks and replicate samples must be collected and analyzed in accordance with a method acceptable to the Department.C. Site Investigation Report: The site investigation report must include, at a minimum, a final version of the site investigation plan, raw field data collected, analytical calculations, maps, flow nets, cross sections, interpretations and conclusions. Such report must comprehensively describe, at a minimum: 1. Regional geology: The discussion of regional geology must demonstrate how the regional geology relates to the formation of on-site geologic materials, the potential for and effects of off-site contaminant migration, and the location of nearby sensitive environments. This discussion must include available and appropriate information to describe: a. Bedrock geology and structural features (represented on maps and columnar diagrams) constructed from field exposures and the geologic literature and describing formation and member names; geologic ages; rock types; thicknesses; the units' mineralogic and geochemical compositions and variabilities; rock fabrics; porosities and bulk permeabilities; and structural geology, including orientation and density or spacing of folds, faults, joints, and other features;b. Glacial geology, including a discussion of the formation, timing, stages, and distribution of glacial deposits, advances and retreats of ice, and hydrologic characteristics of the surficial deposits, such as kames, esker, outwash moraines, etc.;c. Major topographic features, their origin and influence upon drainage basin characteristics; and d. Surface water and groundwater hydrologic features, including surface drainage patterns, recharge and discharge areas, wetlands and other sensitive environments, inferred regional groundwater flow directions, aquifers, and known primary water supply and principal aquifers, public water supply wells, and private water supply wells identified in the water supply well survey; any known peculiarities in surface water and groundwater geochemistry and any other relevant features.2. Site specific geology - The site investigation report must define site hydrogeologic conditions in three (3) dimensions and their relationship to the proposed landfill. The report must define site geology, surface water and groundwater flow, and must relate site-specific conditions to the regional geology. The report must describe the potential impact the landfill may have on surface and groundwater resources and other receptors, including future hydrogeologic conditions which may occur with site development, and must describe the hydrogeologic conditions in sufficient detail to construct a comprehensive understanding of groundwater flow which can be quantified and verified through hydrologic, geochemical, and geophysical measurements. The report must provide sufficient data to specify the location and sampling frequency for environmental monitoring points, form the basis for contingency plans regarding ground and surface water contamination and explosive gas migration, and support the engineering design of the landfill.3. The site-specific hydrogeologic evaluation must specifically discuss all consolidated and unconsolidated geologic units. Such evaluation must include maps, cross-sections, other graphical representations, and a detailed written analysis of the following: a. All hydrogeologic units such as specific glacial deposits and bedrock types, and how they relate to surface water and groundwater flow. This must include all hydrogeologic data collected during the site investigation and explain and evaluate the hydrologic and engineering properties of the site and each specific unit; and b. Local groundwater recharge and discharge areas, high and low groundwater tables and potentiometric surfaces for each hydrologic unit, vertical and horizontal hydraulic gradients, groundwater flow directions and velocities, groundwater boundary conditions, surface and groundwater interactions, and an evaluation of existing water quality.D. Environmental Monitoring Plan: The environmental monitoring plan must describe all proposed monitoring, including the location of all monitoring points, sampling schedule, the method of sample collection and preservation, procedures for shipment of samples for analysis, chain of custody documentation, analyses to be performed, quality assurance and quality control measures, analytical and statistical methods, and reporting requirements. The plan must also include a schedule for initiation of the existing water quality and operational water quality monitoring programs and a contingency water quality monitoring plan. The owner or operator of an SWLF unit must notify the Director that the environmental monitoring plan has been placed in the landfill's operating record. This plan must comply with the following: 1. Groundwater sampling - Groundwater monitoring wells must be capable of detecting landfill-derived groundwater contamination. a. Horizontal well spacing (1) Horizontal well spacing must be based upon site-specific conditions including groundwater flow rates, estimated longitudinal and transverse dispersivity rates, proximity to or presence of sensitive environments and groundwater users, the nature of contaminants disposed of at the site, and the proposed design and size of the landfill including capability for liner monitoring through a leak detection system.(2) At a minimum, well spacing must provide at least one (1) upgradient and three (3) downgradient monitoring wells or well clusters for each water-bearing unit of the aquifer.(3) Some of the downgradient monitoring wells must be located as close as practical to the waste boundary to ensure early detection of any contaminant plume.(4) For SWLF units, all of the downgradient wells shall be no more than one hundred fifty meters (150 m) from the waste management unit boundary and will be located on land owned by the owner of the SWLF unit. The acceptable distance of these wells from the waste management unit boundary, i.e. the relevant point of compliance, shall depend on the results of the hydrogeological report's site investigation, per §2.1.8(A) of this Part. For sites where physical obstacles prohibit installation of some or all of the downgradient wells at the relevant point of compliance, then these downgradient monitoring wells shall be installed at the closest practicable hydraulically downgradient distance from the relevant point of compliance specified by the Director and the distance chosen shall be approved by the Director.b. Well screen placement - Well screens must be located to readily detect groundwater contamination.c. Screen length - Well screens must not exceed fifteen feet (15') in length unless otherwise approved by the Department. The applicant must provide technical justification for the actual screen length chosen.d. Geophysical and geochemical techniques - Where existing contamination is suspected, the Department may require the use of geophysical and geochemical techniques to locate contaminated zones before selecting appropriate well locations and screen depths for environmental monitoring points.2. Surface water sampling - The environmental monitoring plan must designate monitoring points for use in contingency monitoring of the facility for all surface water bodies that may be significantly impacted by a contaminant release from the facility. In bodies of standing water, these points must be located at the point or points of highest likely impact and must be included in existing water quality monitoring. In flowing water bodies these points must include sufficient upgradient and downgradient locations to allow the facility's impact to be measured. These points, however, do not require existing water quality analysis. The detailed sampling and analysis requirements of these points must be specified in the contingency monitoring plan.3. Water quality monitoring program - A water quality monitoring program must be implemented for all environmental monitoring points specified in the environmental monitoring plan. This program must be tailored to the site to establish existing water quality for the site prior to landfilling, operational water quality during operation of the site and the post-closure period, and contingency water quality if contamination is detected at the site. These programs must meet the following minimum requirements:E. Existing water quality 1. The applicant must establish an existing water quality database to characterize the site geochemistry. a. The license application must contain a preliminary evaluation of water quality consisting of the first (1st) round of sampling and analyses for a representative number of monitoring points. These samples must be analyzed for the parameters listed in §§ 2.3.26 and 2.3.27 of this Part. The Department may increase or reduce sampling and analysis of monitoring points and parameters as necessary to define site hydrogeology and geochemistry in support of the interpretations and conclusions of the site investigation report.b. Before disposition of waste in the facility, all environmental monitoring points not previously sampled must be sampled and analyzed for one (1) round of quarterly sampling. This round must be analyzed for the parameters listed in §§ 2.3.26 and 2.3.27 of this Part.c. If elevated contaminant levels are detected and additional detailed information is needed to establish a complete existing water quality database, the Department may require one (1) or more rounds of sampling and analysis in any sampling point.F. Detection monitoring 1. The environmental monitoring plan must include a plan for detection monitoring to be conducted during the operation, closure, and post-closure periods of the facility. The detection monitoring plan must be able to distinguish landfill-derived contamination from the existing water quality at the site. The plan also must describe trigger mechanisms based on a Department approved statistical method for initiating assessment monitoring. Trigger mechanisms shall consist of statistically significant increases over background for one (1) or more of the parameters in § 2.3.26 of this Part, at any landfill groundwater monitoring wells at the waste management unit boundary. The Department may require modification of this plan as additional sampling data becomes available throughout the life of the facility. The minimum requirements for detection monitoring are: a. Except as provided below in each calendar year, sampling and analysis must be performed at least quarterly during the active operating life of the landfill and at least semi-annually during the closure and post-closure monitoring periods. For SWLF units, sampling and analysis shall be performed for each upgradient and downgradient well, during each monitoring event, with allowed exceptions for wells in vicinities where land filling has not commenced, per §2.1.8(C)(3)(b) ((2)) of this Part.b. The Department may approve phased sampling, where hydrogeologic conditions warrant, as landfill cells are constructed or as post-closure monitoring is completed. With Department approval, sampling of specific environmental monitoring points which are not potentially impacted by the portions of the landfill already constructed, may be deferred, provided that scheduled sampling commences at least one (1) year before landfill construction in the vicinity. The Department may withdraw this approval at any time based upon a change in facility design, operation, or performance.c. Routine analysis shall be performed on parameters from § 2.3.26 of this Part. The Department may modify the list of routine parameters before granting a permit for the facility, or during the duration of the permit, if leachate composition so warrants. If subsequent leachate compositions vary, or if the waste disposed of at the facility changes, the Department may reinstate analytical requirements. The license application must include a list of parameters selected from § 2.3.26 of this Part that will be used for the routine quarterly monitoring.d. At each upgradient (background) and downgradient well, there shall be at least four (4) independent samples, each separately collected and analyzed for parameters in § 2.3.26 of this Part during the first (1st) sampling event (of the detection monitoring program during or after waste has been deposited).e. The statistical method chosen for evaluating groundwater monitoring data for each parameter in § 2.3.26 of this Part shall be one (1) of the allowed optional methods per 40 C.F.R. §§ 258.53(g) and (h) (2017), incorporated in § 1.3(A) of this Subchapter. The owner or operator of an SWLF unit must specify in the landfill's operating record, the statistical method to be used.f. If the owner or operator of an SWLF unit determines that there is a statistically significant increase over background for one (1) or more of the parameters in § 2.3.26 of this Part, at any of the landfill's boundary monitoring wells, then the owner or operator shall, within fourteen (14) days of this finding, place a notice of these details in the landfill's operating record and shall notify the Director of this action.g. If triggering of assessment monitoring occurs, then the owner or operator of an SWLF unit has the option to successfully demonstrate, within ninety (90) days, that this triggering was due to an error in sampling, analysis, statistical evaluation or natural variation in groundwater quality. If this successful demonstration occurs, including a report documenting this demonstration, as certified by a qualified groundwater scientist or approved by the Director, then the landfill owner or operator can continue to employ detection monitoring (rather than assessment monitoring).h. Upon notification by the Department, the owner or operator must, within one hundred and eighty (180) days, monitor groundwater for the full suite of Per- and Polyfluoroalkyl Substances (PFAS) using a methodology approved by the Department for at least two (2) rounds. If exceedances of the Department's groundwater standards are detected, the owner or operator must revise the environmental monitoring plan to address the exceedances and any impacts it may have.G. Assessment Monitoring 1. The environmental monitoring plan must include a plan for assessment monitoring, as described in §2.1.8(D)(3)(c) of this Part, which must be conducted when contamination is found. The plan also must describe trigger mechanisms based on a Department approved statistical method for initiating corrective action. Trigger mechanisms shall consist of maximum contaminant levels (MCLs) promulgated under the Safe Drinking Water Act ( 40 C.F.R. Part 141 (2017), and an appropriate, health-based and/or environmental protection-based level approved by the Department. All assessment monitoring plans are subject to Department approval, may be modified at any time by the Department when necessary to protect public health and the environment, and must include the following: a. If contamination as determined by using the statistical method in evaluating detection monitoring for one (1) or more routine parameters is found, or if there is any scientifically valid evidence of off-site contamination, then: (1) The owner or operator of the facility must sample and analyze all affected monitoring points for the parameters in §§ 2.3.26 and 2.3.27 of this Part during the next quarterly sampling event. This next sampling event must occur within ninety (90) days of the triggering of assessment monitoring. If contamination detected poses an immediate threat to public health or the environment as determined by the Department, additional or more frequent sampling may be required as part of a corrective action plan approved by the Department.(2) Subsequent sampling and analysis for parameters in §§ 2.3.26 and 2.3.27 of this Part must be conducted within ninety (90) days and at least quarterly subsequently for active, operating landfills and at least semi-annually subsequently for closed landfills (during the closure and post-closure monitoring periods), until the conditions for curtailing contingency water quality monitoring specified in §2.1.8(D)(3)(c) ((4)) of this Part are met.(3) The Director may specify an appropriate subset of wells to be sampled and analyzed for parameters in §§ 2.3.26 and 2.3.27 of this Part during assessment monitoring. The Director may delete any of the § 2.3.27 of this Part monitoring parameters, if the owner or operator of an SWLF unit, or their representative, can show that the removed constituents are not reasonably expected to be in or derived from the waste contained in the landfill. (4) At least one (1) sample must be collected and analyzed from each well monitored, during each sampling event. Furthermore for any of the parameters listed in §§ 2.3.26 and 2.3.27 of this Part detected in any downgradient well in these units, during assessment monitoring, a minimum of four (4) independent samples must be collected and analyzed from each background well and from at least each downgradient well having detected that parameter, to establish a background level for that parameter and for statistical comparison purposes.(5) The owner or operator of an SWLF unit must place in the landfill operating record, within fourteen (14) days of receipt of analytical results from assessment monitoring, a notice identifying any of the parameters listed in §§ 2.3.26 and 2.3.27 of this Part that have been detected and must notify the Director that this notice has been placed in this record.b. If contamination as determined by using the statistical method in evaluating assessment monitoring for one (1) or more of the parameters in § 2.3.27 of this Part is found, or if there is any scientifically valid evidence of off-site contamination, then: (1) The owner or operator of the facility must initiate an assessment of corrective measures, select a remedy and implement a corrective action program in accordance with the requirements described in § 2.3.28 of this Part.c. The Department may require initiation of specific assessment monitoring based upon landfill containment failure shown by any means, including, but not limited to, contamination found in off-site wells beyond the property boundary.d. Once initiated, assessment monitoring must be continued until the elevated parameter is shown not to be landfill-derived, or that the release by the landfill has been remediated. Assessment monitoring also may be reduced or discontinued with the approval of the Department if such monitoring is no longer needed to protect public health or the environment. Assessment monitoring for parameters in §§ 2.3.26 and 2.3.27 of this Part must continue at affected well(s) at least until the concentration of all parameters in §§ 2.3.26 and 2.3.27 of this Part are shown to be at or below background values (at the upgradient well(s)), using one (1) of the accepted statistical procedures in 40 C.F.R. § 258.53(g) (2017), incorporated in § 1.3(A) of this Subchapter, for two (2) consecutive sampling events. The owner or operator of the SWLF unit must notify the Director of these occurrences during the two (2) consecutive sampling events and must, at minimum, return to detection monitoring at these previously affected wells. For SWLF units, assessment monitoring at affected wells must continue, if these wells' analytical results continue to show concentrations of one (1) or more parameters in §§ 2.3.26 and 2.3.27 of this Part above background (upgradient) values and all concentrations are below the groundwater protection standard values established per §2.1.8(C)(3)(c) ((7)) of this Part below.e. Where existing water quality shows contamination, the applicant must establish an assessment monitoring plan capable of detecting additional groundwater contamination from the proposed facility.f. If one (1) or more of the parameters in §§ 2.3.26 and 2.3.27 of this Part are detected at statistically significant levels above the groundwater protection standard values established per §2.1.8(C) (3)(c) ((7)) of this Part below, then: (1) The landfill owner or operator must place in its operating record, within fourteen (14) days of receiving analytical results, a notice identifying the parameters in §§ 2.3.26 and 2.3.27 of this Part that have statistically exceeded the groundwater protection standard values, in any sampling event, and must notify the Director and the local government officials that the notice has been placed in its operating record.(2) The landfill owner or operator must characterize the nature and extent of the release by installing additional monitoring wells as necessary and, at minimum, must install at least one (1) monitoring well at the facility boundary in the direction of contaminant migration and must perform assessment monitoring at this well.(3) The landfill owner or operator must notify all persons who own the land or reside on the land that directly overlies any part of the plume of contamination, if contaminants have migrated off-site as indicated by sampling of wells.(4) The landfill owner or operator must initiate an assessment of corrective action within ninety (90) days (per § 2.3.28 of this Part) or may, at his option, demonstrate that a source other than his landfill caused the contamination or demonstrate that the indicated contamination resulted from error in sampling, analysis, statistical evaluation, or natural variation in groundwater quality. A report documenting this demonstration must be certified by a qualified groundwater scientist or must be approved by the Director and the report shall be placed in the landfill's operating record. If this successful demonstration is made, then: (AA) The landfill owner or operator does not have to initiate an assessment of corrective measures, but must continue assessment monitoring, until necessary conditions for returning to detection monitoring are met, per §2.1.8(C)(3)(c) ((4)) of this Part.(BB) The landfill owner or operator does not have to add additional monitoring wells, per §2.1.8(C)(3)(c) ((6)) of this Part, or notify the owner or occupants of adjacent property of off-site migration of contaminants, per §2.1.8(C)(3)(c) ((6)) of this Part.g. For all landfill units, the groundwater protection standard value for each parameter in §§ 2.3.26 and 2.3.27 of this Part shall be the following: (1) For parameters for which a maximum contaminant level (MCL) has been promulgated under § 1412 of the Safe Drinking Water Act (codified) under 40 C.F.R. Part 141 (2017), incorporated in § 1.3(A) of this Subchapter, the MCL for that parameter.(2) For parameters for which MCLs have not been promulgated, either: (AA) The background concentration for the parameter as established from background (upgradient) well(s) or(BB) An alternate groundwater protection standard, established by the Director, based on appropriate health risks which satisfy the following criteria: (i) The level is derived in a manner consistent with Federal guidelines for assessing the health risks of pollutants (EPA/630/P-03/001F published March 2005), incorporated in § 1.3(B) of this Subchapter), and(ii) The level is based on scientifically valid studies conducted in accordance with the Toxic Substances Control Act Good Laboratory Practice Standards, 40 C.F.R. Part 792 (2017), incorporated in § 1.3(A) of this Subchapter or equivalent; and(iii) For carcinogens, the level represents a concentration associated within an excess lifetime cancer risk level (due to continuous lifetime exposure) within the 1 x 10-4 to 1 x 10-6 range; and(iv) For systemic toxicants (which include toxic chemicals causing effects other than cancer or mutation) the level represents a concentration to which the human population (including sensitive sub-groups) could be exposed to on a daily basis that is likely to be without appreciable risk of deleterious effects during a lifetime.(CC) In establishing alternate groundwater protection standards, per §2.1.8(D)(3)(b) of this Part the Director may consider: (i) Multiple contaminants in the groundwater,(ii) Exposure threats to sensitive environmental receptors,(iii) Other site-specific exposure or potential exposure to ground water.h. For parameters for which the background level is higher than the MCL, per §2.1.8(C)(3)(c) ((7)) of this Part, or is higher than health-based levels per §2.1.8(C)(3)(c) ((7)) of this Part, the background concentration shall be used. H. Reporting of data 1. Unless more rapid reporting is required to address an imminent environmental or public health concern, the owner or operator of the facility must report all water quality monitoring results to the Department on a quarterly basis. The report must include: a. A table showing the sample collection date, the analytical results, designation of upgradient wells and location number for each environmental monitoring point sampled, applicable water quality standards, trigger values, QA/QC notations, and method detection limits (MDL).b. In addition, tables or graphical representations comparing current water quality and existing water quality and upgradient water quality must be presented.c. A summary of the contraventions of water quality standards, and discussion of results, including elevations of parameters above background concentrations based on statistical analyses; and any proposed modifications to the sampling and analysis schedule necessary to meet the requirements of §§2.1.8(D)(3)(c) ((7))((BB)) ((i)) through ((iii)) of this Part.d. Any determination of contamination detected must be reported to the Department within forty-eight (48) hours of such determination.e. All QA/QC documentation must be made available to the Department upon request.f. The annual report must contain a summary of the water quality information presented, with special note of any changes in water quality which have occurred throughout the year.g. Contaminant trigger mechanisms - In sensitive environments or in areas of existing contamination, the Department may require the environmental monitoring plan to specify contaminant levels which, when exceeded, will signal groundwater contamination and commence assessment monitoring and possible remedial actions.2.1.9Closure and Post - Closure Plans and Financial AssuranceA. Pursuant to the requirements set forth in § 1.5(J) of this Subchapter, the operator or applicant shall submit a closure plan, including information on the following: 1. Fences, gates, and all other security measures to prevent unauthorized access to the site2. Groundwater and surface water monitoring devices and stations5. Final cover system, including a description of the methods and procedures to be used to install the cover, and meeting the requirements of § 2.2.12 of this Part: b. Low permeability barrier layerd. Top soil and vegetative coverB. Accompanying the plan in §2.1.9(A) of this Part, the operator or applicant shall also submit information on the following: 1. Anticipated date of closure2. Methods of restricting access and preventing additional waste disposal3. Methods of protecting ground and surface water and controlling air emissions4. Anticipated starting and completion date of installation of the final cover system, including a schedule for completing each portion of the cover system5. Method of maintaining drainage control structures to prevent ponding and erosion to the cover. The surface drainage system must be designed and constructed to protect the cover from the peak discharge of a twenty-four (24) hour one hundred (100) year frequency storm.6. Method of maintaining soil cover integrity, slopes, cover vegetation and gas venting structures during the post-closure monitoring and maintenance period7. Method of maintaining the leachate collection and disposal system. Leachate treatment or disposal must be addressed for a minimum of thirty (30) years or for as long as leachate is capable of adversely impacting the environment.8. An estimate of the largest area of the landfill ever requiring a final cover at any time during the active life of the landfill9. An estimate of the maximum inventory of wastes ever on site over the active life of the landfill10. Description of the operation and maintenance of a gas monitoring system that meets the requirements of 40 C.F.R. § 258.23 (2017) incorporated in § 1.3(A) of this Subchapter and § 2.3.8 of this Part.C. A post-closure monitoring and maintenance operations manual is required. This must provide personnel with detailed instructions for assuring efficient monitoring, leachate management which would include recording of the total volume of leachate stored and removed from the facility, sampling and analysis, and proper maintenance of all facility components to maintain the facility and meet the requirements of this Rule for a minimum period of thirty (30) years after landfill closure. This manual must be submitted with the closure plan developed in accordance with this Rule. The manual must indicate the frequency for monitoring and maintenance actions and the name, address, and telephone number of the facility contact person during the post-closure period.D. A financial estimate of the costs to properly close the facility. With respect to financial assurance (§ 1.5(J)(b) of this Subchapter), the applicant must post financial assurance for the full amount of the closure cost estimate as a precondition for the issuance of a solid waste management facility license.E. The landfill owner or operator shall notify the Director when a copy of the closure plan has been placed in the landfill's operating records and for a new SWLF unit, this action must occur prior to receiving waste at the facility.F. Prior to beginning closure of each SWLF unit, the landfill owner or operator shall notify the Director that a notice of intent to close the unit has been placed in the landfill's operating record.G. Planned uses (if any) of the property during the post closure period, subject to requirements of §2.3.4(C)(6)(b) of this Part, shall be submitted to the Director. The owner or operator of an existing SWLF unit shall notify the Department expediently that a post-closure plan has been placed in the landfill's operating record. The owner or operator of a new SWLF unit or of a lateral expansion of an SWLF unit shall notify the Department that this post-closure plan has been placed in its operating record, prior to initial receipt of waste in the new or lateral expansion unit.H. Financial Assurance for Closure of an SWLF Unit 1. The landfill owner or operator must have a detailed written estimate, in current dollars of the cost of hiring a third (3rd) party to close the largest area of the landfill ever requiring a final cover at any time during the active life, in accordance with the closure plan. The owner or operator must notify the Director that the estimate has been placed in the landfill's operating record.2. The closure cost estimate must equal the cost of closing the largest area of the landfill ever requiring a final cover at any time during its active life when the extent and manner of its operation would make closure the most expensive.3. During the landfill's active life, the owner or operator must annually adjust the closure cost estimate for inflation.4. The owner or operator must increase the closure cost estimate and the amount of financial assurance provided, if changes to the closure plan or landfill conditions increase the maximum cost of closure at any time during the remaining active life.5. The owner or operator may reduce the closure cost estimate and the amount of financial assurance provided, if the cost estimate exceeds the maximum cost of closure at any time during the remaining life of the landfill. The owner or operator must notify the Director that the justification for the reduction in the closure cost estimate and the amount of financial assurance has been placed in the landfill's operating record.6. The landfill owner or operator must establish financial assurance for closure of the landfill, in compliance with § 2.3.29 of this Part. The owner or operator must provide continuous closure assurance until released from financial assurance requirements by demonstrating compliance with §§2.3.4(C)(5) and (6) of this Part.I. Financial Assurance for Post Closure of an SWLF Unit 1. The landfill owner or operator must have a detailed written estimate, in current dollars, of the cost of hiring a third (3rd) party to conduct post-closure care of the landfill in compliance with the post-closure requirements within §§2.1.9(B) and (C) of this Part. The post-closure cost estimate used to demonstrate financial assurance must account for the total costs of conducting post-closure care, including annual and periodic costs incurred over the entire post-closure care period. The owner or operator must notify the Director that this estimate has been placed in the landfill's operating record.2. The cost estimate for post-closure care must be based on the most expensive costs of post-closure care during the post-closure care period.3. During the active life of the landfill and during the post-closure care period, the owner or operator must annually adjust the post-closure cost estimate for inflation.4. The owner or operator must increase the post-closure cost estimate and the amount of post-closure care financial assurance provided, if changes in the post-closure plan or landfill conditions increase the cost of post-closure care.5. The owner or operator may reduce the post-closure cost estimate and the amount of post-closure care financial assurance provided, if the cost estimate exceeds the maximum cost of post-closure care remaining over the post-closure care period. The owner or operator must notify the Director that the justification for the reduction of the post-closure cost estimate and the amount of financial assurance has been placed in the operating record.6. The owner or operator must establish financial assurance for post-closure care, in compliance with § 2.3.29 of this Part. The owner or operator must provide continuous post-closure care assurance until released from financial assurance requirements by demonstrating compliance with post-closure care requirements, per §§2.1.9(B) and (C) of this Part.J. Installation of Solar Panels on Landfills 1. For landfills undergoing closure overseen by the Office of Land Revitalization and Sustainable Materials Management, solar panel systems may be installed on the footprint of the landfill if the panels are approved as part of the overall cap design.2. For inactive landfills that have or will undergo closure overseen by the Office of Land Revitalization and Sustainable Materials Management, the owners must obtain authorization from the Department in order to install a solar panel system on the landfill. Solar Panel systems may be installed on the footprint of the landfills if all of the provisions are met: a. The landfill has been or shall be closed/capped in conformance with the Solid Waste Regulations of this Part or the Landfill Closure Program.b. A Solar Panel Feasibility study evaluating the impact of the solar panel system on following issues: (1) Details of how the system will be placed and anchored(2) Compatibility of the system with the existing cap (including potential to puncture the membrane)(3) An analysis of the weight bearing capacity of the existing cap and related structures (i.e. gas and leachate controls), including loads placed on the cap during construction from equipment and snow and wind loads and in consideration of cap integrity(4) Potential for increased settlement(5) Slope and stability analysis(7) Existing or proposed gas or leachate management systems(8) Stormwater control and impact on wetlands and/or surface waters(9) Minimum spacing for maintenance and emergency events(10) Access roads and access restrictions to the site(11) Electrical plans and specifications showing electrical lines and related equipment(12) Health and Safety Plan c. Gas monitoring and alarms will be in place for any controlled structure or buried line or other confined space d. Other aspects of the cap meet the requirements of the Solid Waste Regulations of this Part or the Landfill Closure Program3. Solar panel systems proposed to be installed on the capped footprint of filled areas shall be considered an integral part of the final remedy for the purpose of review and approval under this Rule. Therefore, activities that may affect freshwater wetlands and that are approved the Office of Land Revitalization and Sustainable Materials Management under this Rule, capping, closure, or for remediation of contamination resulting from the release of oil or hazardous materials are allowed in accordance with the Rules and Regulations Governing the Administration and Enforcement of the Fresh Water Wetlands Act, § 150-15-1.6(A) of this Title, and Rules and Regulations for the Investigation and Remediation of Hazardous Material Releases, Subchapter 30 Part 1 of this Chapter. a. Stormwater Control. Applicants proposing solar panels on the capped footprint of filled areas shall either: (1) Obtain a Rhode Island Pollutant Discharge Elimination System General Permit for Stormwater Discharge Associated with Construction Activity (Construction General Permit) from the Office of Water Resources, or(2) Comply with pre-approved construction mitigation standards established by the Office of Land Revitalization and Sustainable Materials Management.2.1.10Site EngineeringA. The following areas shall be marked with stakes at the site at the time of the engineering survey. The stakes must be visible and must be maintained at all times. 1. Area enclosed by legal boundaries2. Areas to be filled as indicated in operating plan3. Areas to be used for leachate treatment, storage or disposal4. Areas to be used for storing salvaged materials5. Areas to be used for special waste as listed in §2.3.6(D) of this Part2.1.11Conservation EasementAs a condition of issuance of a license for a solid waste management facility, the owner of the land on which the facility is to be located shall grant to the State of Rhode Island a perpetual conservation easement. The easement shall be recorded in the land evidence records of the city (cities) or town (towns) in which the land is located and shall describe the permitted facility and the activities to be conducted therein. Under the terms of the easement, the Director or his duly authorized agents of the State of Rhode Island shall have a perpetual right to enter upon such land at reasonable times for the purpose of inspecting the facility, or for the purpose of conducting tests where the facility is or was located. Such easement shall include a prohibition on any excavation or other disturbance or construction of the facility site without prior written approval from the Director. The conservation easement shall also include the notation required by § 2.3.15 of this Part.
2.1.12Landfill Gas Recovery FacilitiesA. § 2.1.12 of this Part regulates the construction and operation of all landfill gas recovery facilities that remove landfill gas from landfills subject to regulation under the provisions of this Rule. Landfill gas recovery facilities must be constructed and operated in accordance with all applicable requirements of all Federal and State Regulations.B. An application for approval to construct and operate a landfill gas recovery facility must be submitted in accordance with the following requirements.C. Site Plans: Site plans including all of the information listed below for all areas within the site shall be submitted. The site plans must be drawn to an appropriate scale adjusted to fit on a standard size sheet. The required information includes: 1. Landfill property boundaries from which the landfill gas is to be removed2. Location of the landfill gas recovery facility3. Off-site and on-site utilities including sanitary sewer systems4. Locations of existing and proposed gas venting structures, wells, piezometers, environmental and landfill monitoring points7. Roads and parking areas8. Existing drainage culverts and on-site drainage structures9. Landfill areas from which landfill gas is to be recovered10. Site topography with five foot minimum contour intervals12. Location and grades of all landfill gas collection lines13. Collection pipe inverts, clean-outs and valves14. Extraction well locations D. Construction and Engineering Plans: A complete set of construction and engineering plans and specifications relating to all buildings and equipment of the facility must be submitted to the Department.E. Operating Plan: An operating plan shall be submitted including information on all of the areas listed below: 1. A description of the operation of the facility and how the recovered landfill gas will be used.2. An estimate of the quantities of condensate to be generated and a description of how the condensate will be disposed of5. Communications equipment available6. A description of the equipment machinery, operational controls, and processes to be used during normal operation7. A description of procedures to be followed during start up and planned and unplanned shutdown of operations8. A description of the safety features of the equipment, controls, and machinery9. Site security methods F. Contingency Plan: The contingency plan must discuss an organized and planned method of responding to unexpected events during the construction and operation of the landfill gas facility. The plan must address, at a minimum, actions to be taken with respect to:5. Detection of explosive landfill gases both on-site and off-site6. Equipment to be used to maintain proper landfill gas venting and control when normal operations cease G. Closure Plan: Pursuant to the requirements set forth in § 1.5(J) of this Subchapter, the operator or applicant shall submit a closure plan including information on the following:1. Date of proposed closure2. Methods of restricting access3. Methods of protecting ground and surface water and controlling air emissions in the vicinity of the facility4. Methods to vent and control landfill gases after operation of the facility ceases5. An estimate of the costs to properly close the facility6. Intended future use of the facility, following closure (immediate and long term use)250 R.I. Code R. 250-RICR-140-05-2.1
Amended effective 1/3/2021