Statutes, codes, and regulations
Rhode Island Administrative Code
Title 250 - Department of Environmental ManagementChapter 140 - Waste and Materials ManagementSubchapter 05 - Solid Waste
Part 2 - Solid Waste Landfills
Section 250-RICR-140-05-2.3 - Solid Waste Landfill Operating Standards

250 R.I. Code R. 250-RICR-140-05-2.3

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Current through October 15, 2024
Section 250-RICR-140-05-2.3 - Solid Waste Landfill Operating Standards
2.3.1General

Sanitary landfill facilities shall meet all regulations set forth in this Rule in addition to the General Operating Standards in § 1.7 of this Subchapter and shall also comply with all applicable Federal Rules, Laws, Regulations or other Federal requirements.

2.3.2Working Face

The width of the working face shall be kept as narrow as is consistent with the proper operation of trucks and equipment in order that the area of waste material exposed during the operating day is minimal. No working face shall exceed one hundred fifty feet (150') in width when measured across the operating surface of the fill. Except where separate areas are designated on the engineering design for specific wastes, no more than one (1) working face shall be in use at any one (1) time.

2.3.3Lift Height

No lift shall exceed twelve feet (12') in height unless otherwise specified on the approved engineering design for the site.

2.3.4Cover Material
A. Initial Cover: All top surfaces and faces of the working lift shall be covered with six inches (6") of cover material at least at the end of each working day, or at more frequent intervals if necessary, to control disease vectors, fires, odors, blowing litter and scavenging. The cover material shall be earthen material, except that alternate materials of a thickness other than six inches (6"), may be approved by the Director, if the SWLF owner or operator demonstrates that the alternate material and thickness control disease vectors, fires, odors, blowing litter, and scavenging without presenting a threat to human health and the environment.
B. Intermediate Cover: When an additional lift is not to commence within six (6) months, an additional six inch (6") layer of cover material shall be applied over the six inch (6") initial cover layer within one (1) week after the disposal of refuse to all top surfaces and faces.
C. Final Cover
1. When no additional lift is to be added for one (1) year, a total thickness of twenty-four inches (24") of cover material shall be maintained on all surfaces and faces.
2. When the landfill operation is terminated in an area, the area must be closed in accordance with the approved closure plans and must meet the requirements of § 2.2.12 of this Part.
3. The landfill owner or operator must begin closure within thirty (30) days of the final receipt of waste or within one year of the most recent receipt of waste, if there is remaining landfill capacity and there is reasonable likelihood that the landfill will receive additional waste. A request by the landfill owner or operator for extension beyond the one (1) year deadline for beginning closure may be approved by the Director, if the owner or operator demonstrates that the landfill has capacity to receive additional waste and the owner or operator has taken and will continue to take all steps necessary to prevent threats to human health and the environment from the unclosed landfill.
4. The landfill owners or operators must complete closure activities of each SWLF unit, in accordance with the closure plan, within one hundred eighty (180) days of the beginning of closure of the unit. A request by the landfill owner or operator for an extension beyond the one hundred eighty (180) day deadline may be approved by the Director, if the owner or operator demonstrates that closure will, of necessity, take longer than one hundred eighty (180) days and the owner or operator has taken and will continue to take all steps to prevent threats to human health and the environment from the unclosed SWLF unit.
5. Following closure of an SWLF unit, the owner or operator shall notify the Director that closure has been completed in accordance with the operating plan and that the notice of this closure has been placed in the landfill's operating record. This notice shall include a certification, signed by an independent registered professional engineer or approved by the Director, verifying that closure has been completed in accordance with the closure plan.
6. Following closure of an SWLF unit, the owner or operator shall record a notation on the deed to the landfill facility property, (or on some other instrument that is normally esssxamined during title search) and notify the Director of this notation action, and that a copy of this notated document has been placed in the landfill's operating record. The notation on the instrument must in perpetuity notify any potential purchaser of the property that:
a. The land has been used as a landfill facility.
b. The land's future use is restricted; any future use shall not disturb the integrity of the final cover, liner(s) or any other components of the containment system or the functioning of the monitoring systems, except if the proposed disturbance is approved by the Director and if the owner or operator demonstrates that such disturbance will not increase the potential threat to human health or the environment.
D. Cover Material Supply: A four (4) day supply of cover material shall be stored upon the landfill property at all times. This supply should be calculated on the basis of one (1) part cover material to four (4) parts of compacted waste (1,000 lbs./yd.3).
E. Maintenance of Cover Material: All applications of cover material shall be maintained by the operator in conformance with the requirements of this section.
F. Permeability of Cover Material: The Director may specify the permeability of cover material used on a site specific basis. The Director may also require the use of an impermeable cover to mitigate water pollution or for other purposes described in these Rules.
G. Vegetation: The operator shall plant and maintain vegetative growth on all completed areas.
2.3.5Water Pollution
A. General
1. No sanitary landfill shall be operated so as to cause or to be likely to cause pollution of the ground waters or surface waters of the State at or beyond the boundary of the licensed area of the sanitary landfill.
2. For purposes of these Rules, groundwater monitoring well results taken pursuant to §§ 2.1.8 and 2.3.11 of this Part shall be deemed to be indicative of results of ground water beyond the property line of the sanitary landfill, in the absence of actual groundwater results at or beyond such property line.
3. In determining whether said operation of a sanitary landfill is causing or is likely to cause pollution of the ground waters or the surface waters of the State, the Director may consider the following factors:
a. Groundwater monitoring results from the licensed area of the sanitary landfill show significant statistical increases in excess of any one (1) or more of the parameters as delineated in § 2.3.26 of this Part.
b. Groundwater monitoring results from the facility show detection of one (1) or more of the parameters as delineated in § 2.3.27 of this Part.
c. Topography, hydrology and geology of the area encompassing the sanitary landfill indicates a likelihood of contamination of a surface water body or groundwater.
d. Groundwater leaving the licensed area is likely to impact private or public drinking wells down gradient from the facility.
e. Groundwater leaving the licensed area is likely to impact groundwater used for commercial or industrial processes down gradient from the facility.
f. Facility violates a groundwater standard.
g. An actual or potential discharge into any surface water.
4. In the event that the Director finds that the operation of a sanitary landfill is causing or is likely to cause pollution of the groundwaters or the surface waters of the State, the Director may evaluate the operation of said sanitary landfill and require such measures as are necessary to abate, eliminate or avoid such pollution, including, but not limited to, the following:
a. Groundwater removal and treatment
b. Contaminated groundwater encapsulation
c. Alternate sources of drinking water to impacted individuals
d. The limiting or exclusion of surface water percolation into refuse filled areas
e. Identification and closure of a particular cell or portion of the facility that is causing the pollution
f. Closure of the facility
B. Surface Water
1. No new sanitary landfill shall be conducted within the watershed of any surface public water supply. Furthermore, no refuse shall be deposited within two hundred feet (200') of any surface water or within one thousand two hundred feet (1,200') on any river per R.I. Gen. Laws § 23-18.9-9.1. Other landfill siting prohibitions, relative to surface water shall also apply, per R.I. Gen. Laws § 23-18.9-9.1.
2. New sanitary landfills shall not be located on drainage areas of surface public water supplies.
C. Groundwater
1. No sanitary landfill shall be constructed where solid waste may be in direct contact with groundwaters of the State. A minimum of five feet (5') of soil is required between the highest water table level and the lowest level of the liner system. At the Director's discretion, a greater separation may be required.
2. Sanitary landfills shall not be located within four hundred feet (400') of an existing public water supply well. At the Director's discretion, a greater separation may be required.
3. Other landfill siting prohibitions, relative to groundwater issues shall also apply, per R.I. Gen. Laws § 23-18.9-9.1 and per the Prohibitions Section of § 150-05-3.8 of this Title (Groundwater Quality Rules).
D. Groundwater Reservoirs and Recharge Areas
1. As provided in R.I. Gen. Laws § 23-18.9-9.1, no person shall dispose of solid waste on or in the ground overlying groundwater reservoirs or groundwater recharge areas, provided that such groundwater reservoirs or groundwater recharge areas have been designated on the basis of hydrogeologic data as an existing or planned public drinking water source by the municipality in which such reservoir or recharge area is located, and that such municipality has enacted a municipal ordinance relating to groundwater reservoirs or groundwater recharge areas.
2. Where an existing solid waste management landfill overlies such groundwater reservoir or groundwater recharge area designated by the municipality in accordance with §2.3.5(D)(1) of this Part, the Director is authorized to order cessation of solid waste disposal operations and closure of said landfill under the following conditions:
a. The municipality has, after notice and public hearing and resolution to the Director, requested the Director to determine whether the continued operation of any Solid Waste Management Facility-Landfill on or over any such reservoir or recharge area presents a hazard to the public drinking water source.
b. The Director, after the investigation, notice and hearing to said landfill, determines that such existing Solid Waste Management Facility-Landfill does present a hazard to the public drinking water source.
2.3.6Waste Handling
A. Unloading of Waste: The unloading of solid waste shall be controlled and restricted to an area such that the material can easily be incorporated into the working face.
B. Spreading and Compacting of Waste: Solid waste shall be spread in layers of approximately two feet (2') in depth and compacted with a minimum of four (4) passes of the compaction equipment.
C. Litter: Windblown refuse shall be eliminated or controlled by using fences or other means. The sanitary landfill shall be kept free of windblown refuse at all times.
D. Handling of Special Waste
1. Bulky waste: Bulky waste shall be disposed of in accordance with the requirements of § 1.7(E) of this Subchapter, at the toe of the working face and incorporated into the working cell, or stored in a separate area of the landfill approved by the Department for the purpose of salvaging these items. Any salvaged material must be stored in closed-top containers for a period approved by the Department.
2. Construction waste and demolition waste: All construction waste and demolition waste shall be disposed of by covering along with daily refuse.
3. Brush: Any brush accepted at a sanitary landfill must be stored at a minimum distance of two hundred feet (200') from the working face, or buried. All brush not buried must be chipped within one (1) week after arrival. Chipped brush may be stored indefinitely in this area.
4. Non-hazardous liquid waste
a. Non-hazardous liquid waste shall be disposed of in a sanitary landfill only if special provisions are made for such disposal and are approved by the Department.
b. Any non-hazardous liquid waste accepted for disposal shall be covered immediately after it is dumped at any sanitary landfill. No uncovered pools of these materials will be allowed at any time.
c. Bulk or non-containerized liquid waste cannot be landfilled unless:
(1) The waste is household waste other than septic waste; or
(2) The waste is leachate or gas condensate (liquid from gas recover processes) derived from the SWLF unit and the SWLF unit, regardless of whether it is a new or existing SWLF unit or a lateral expansion of an SWLF unit, is designed with at least a double composite liner and leachate collection system. (These design details must be demonstrated in the landfill's operating record and the Director must be notified that these design details have been placed in the operating record).
d. Containerized liquid waste may not be placed in solid waste landfills, unless:
(1) The waste is household waste; or
(2) The container is small and similar in size to that normally used for containing household waste.
5. Oil spill cleanup debris: Oil spill cleanup debris shall be disposed of only in a sanitary landfill constructed with a liner system per § 2.2 of this Part, or in an alternate facility approved by the Department.
6. Asbestos disposal
a. Friable asbestos material shall not be disposed in a sanitary landfill unless the operator of the sanitary landfill has received specific approval from the Director to accept such material. This approval shall be granted based on, but not necessarily limited to, the amount of refuse accepted at the landfill, the equipment and personnel available, and the need for asbestos disposal facilities. This approval may be revoked by the Director at any time.
b. Friable asbestos material must be treated with water and labeled or processed into a non-friable form according to 40 C.F.R. § 61.150(a)(1) (2017), incorporated in § 1.3(A) of this Subchapter.
c. Asbestos material accepted at a sanitary landfill shall be placed at the bottom of the working face and immediately covered with either a minimum of two feet (2') of refuse or a minimum of six inches (6") of clean fill.
d. There shall be no visible emissions of asbestos material from any sanitary landfill which has accepted asbestos material.
e. Landfilling of friable asbestos material must comply with all applicable requirements of the National Emission Standards for Hazardous Air Pollutants Asbestos Regulations, 40 C.F.R. Part 61, Subpart M (2017), incorporated in § 1.3(A) of this Subchapter.
E. SWLF unit owners or operators must implement a program at the facility for detecting and preventing the disposal of regulated hazardous wastes and polychlorinated biphenyls (PCB) wastes. This program must, include, at minimum:
1. Random inspections of incoming loads, unless the SWLF owner or operator takes other steps to ensure that incoming loads do not contain regulated hazardous wastes or PCB wastes
2. Records of any inspections of incoming loads
3. Training of facility personnel to recognize regulated hazardous wastes and PCB wastes
4. Notification of the Director if a regulated hazardous waste or PCB waste is discovered at the facility
2.3.7Equipment Requirements
A. General Requirements: All equipment used shall meet the performance specifications necessary for operating the sanitary landfill in accordance with the operating requirements contained in these Regulations.
B. Required Equipment for Refuse and Cover Material Handling: There shall be sufficient types and quantities of equipment for digging, spreading, compacting, or covering waste or applying cover material to adequately meet the requirements of these Regulations.
C. Each piece of equipment must have a minimum basic weight without blade, bucket or other accessories of seventeen thousand (17,000) pounds.
D. Equipment breakdown: Arrangements in writing for emergency equipment shall be made to allow for operating equipment breakdown. Emergency equipment shall be on the site with twenty-four (24) hours of operating equipment breakdown.
2.3.8Gas Control
A. The concentration of methane gas generated by the facility does not exceed twenty-five percent (25%) of the lower explosive limit for methane in facility structures (excluding gas control or recovery system components).
B. The concentration of methane gas does not exceed twenty-five percent (25%) of the lower explosive limit for methane at the facility property boundary.
C. Sanitary landfills must implement a routine methane monitoring program to ensure compliance with §§ 2.3.8(A) and (B) of this Part.
1. The type and frequency of monitoring must be determined based on the following factors:
a. Soil conditions
b. The hydrogeologic conditions surrounding the facility
c. The hydraulic conditions surrounding the facility
d. The location of facility structures and property boundaries
2. The minimum frequency of monitoring shall be quarterly.
D. If methane gas levels exceeding the limits specified in §§ 2.3.8(A) and (B) of this Part are detected, the facility must:
1. Immediately take all necessary steps to ensure protection of human health and notify the Department.
2. Within seven (7) days of detection, place in the operating plan the methane gas levels detected and a description of the steps taken to protect human health.
3. Within sixty (60) days of detection, implement a remediation plan for the methane gas releases, place a copy of the plan in the operating plan, and notify the Department that the plan has been implemented. The plan shall describe the nature and extent of the problem and the proposed remedy.
E. For purposes of this section, lower explosive limit means the lowest percent by volume of a mixture of explosive gases in air that will propagate a flame at twenty-five degrees Celsius (25° C) and atmospheric pressure.
2.3.9Fire Protection
A. A facility shall not pose a hazard to the safety of persons or property from fires. In addition, the following requirements must be met:
1. All sanitary landfills shall arrange in writing for a nearby fire department to provide emergency service whenever called.
2. There shall be within one thousand feet (1,000') of the working face, either an adequate supply of water under pressure or a stockpile of the equivalent of four (4) days cover material for use exclusively in fighting fires.
3. All landfill equipment (dozer, front end loaders and landfill compactors) shall be supplied with fire extinguishers.
2.3.10Surface Drainage

The operator shall make provisions to have the sanitary landfill site, including the fill surface, graded and provided with a drainage system to minimize surface water runoff onto and into the fill, to prevent erosion of the fill, to drain off rain water falling on the fill, and to prevent the collection of standing water. The surface drainage system must be designed to control the water volume from a twenty-four (24) hour, twenty-five (25) year storm. Measures must be taken to prevent sedimentation associated with surface drainage from borrow areas and other disturbed areas. The minimum top surface slopes shall be three percent (3%). The maximum side slopes shall be no steeper than 3/1.

2.3.11Monitoring Wells
A. Sanitary landfills shall install monitoring wells at locations approved by the Department based on the hydrogeological report and water quality monitoring plan submitted per § 2.1.8 of this Part for the purpose of monitoring groundwater conditions. The operator shall arrange for the sampling and analysis for constituents designated by the Director on a schedule as determined by the Director. The operator shall notify the Director at least forty-eight (48) hours prior to sampling groundwater monitoring wells. The Director may, at his discretion, sample such groundwater monitoring wells pursuant to § 2.1.8 of this Part.
B. New sanitary landfills shall conduct preliminary sampling and analysis for constituents designated by the Director prior to commencing operation of the facility, and pursuant to § 2.1.8 of this Part.
2.3.12Distance to Property Lines

No refuse shall be disposed of within six hundred feet (600') of any property line. No excavations shall occur within six hundred feet (600') of any property line. The Director may, at his discretion, require a greater distance in order to meet the operational requirements of §§ 2.2 and 2.3 of this Part. Existing sanitary landfills may continue to operate within the two-hundred foot (200') buffer rule only in areas approved in their existing license and operating plan.

2.3.13Limited Access

Dumping of any solid waste at a sanitary landfill after one half (1/2) hour past sunset will not be allowed.

2.3.14Flood Plain, Wetlands, and Coastal Restrictions
A. No refuse shall be deposited in the one hundred (100) year flood plain.
B. New SWLF units and lateral expansions of SWLF units shall not be located in wetlands (as defined in 40 C.F.R. § 232.2(r) (2017), incorporated in § 1.3(A) of this Subchapter and in Part 150-15-1 of this Title, Rules and Regulations Governing the Administration and Enforcement of the Fresh Water Wetlands Act), or constructed in a manner that will alter wetlands, except if a permit to alter a freshwater wetlands is received from the Office of Water Resources and, when required, by the Coastal Resources Management Council:
1. Where applicable under the Clean Water Act, 33 U.S.C. § 1344, or applicable State wetlands laws, the presumption that practicable alternative to the proposed landfill is available which does not involve wetlands is clearly rebutted;
2. The construction and operation of the SWLF unit will not:
a. Cause or contribute to violations of any applicable State water quality standard.
b. Violate any applicable toxic effluent standard or prohibition under the Clean Water Act, 33 U.S.C. § 1317,
c. Jeopardize the continued existence of endangered or threatened species or result in destruction or adverse modification of a critical habitat, protected under 16 U.S.C. § 1531 et seq. (1973), the Endangered Species Act, and d. Violate any requirement under 16 U.S.C. § 1431 et seq. and 33 U.S.C. § 1401 et seq. (1988), Marine Protection, Research, and Sanctuaries Act, for the protection of a marine sanctuary.
3. The SWLF unit will not cause or contribute to significant degradation of wetlands. The owner or operator must demonstrate the integrity of the SWLF unit and its ability to protect ecological resources by addressing the following factors:
a. Erosion, stability, and migration potential of native wetland soils, muds, and deposits used to support the SWLF unit,
b. Erosion, stability, and migration potential of dredged and fill materials used to support the SWLF unit,
c. The volume and chemical nature of the waste managed in the SWLF unit,
d. Impacts on fish, wildlife, and other aquatic resources and their habitat from release of the solid waste or operation of the SWLF unit,
e. The potential effects of catastrophic release of waste to the wetland and the resulting impacts on the environment, and
f. Any additional factors as necessary, to demonstrate that ecological resources in the wetlands are sufficiently protected.
4. To the extent required under 33 U.S.C. § 1344, or applicable State wetlands laws, steps have been taken to attempt to achieve no net loss of wetlands (as defined by acreage and function) by first avoiding impacts to wetlands to the maximum extent practicable as required by §2.3.14(B)(1) of this Part, then minimizing unavoidable impacts to the maximum extent practicable, and finally offsetting remaining unavoidable wetland impacts through all appropriate and practicable compensatory mitigation actions (e.g. restoration of existing degraded wetlands or creation of man-made wetlands), and
5. Sufficient information is available to make a reasonable determination with respect to these demonstrations.
C. Coastal prohibitions, per R.I. Gen. Laws § 23-18.9-9.1, shall also apply to the siting of sanitary landfills.
2.3.15 Deed Restrictions/Conservation Easement
A. Prior to any waste disposal, the operator shall insure that notations are properly made upon the deed for the disposal site land. The notation shall be amended as frequently as necessary to ensure that all sites are properly documented. No license renewal shall be granted until the operator demonstrates that such notation has been made and/or updated. Such notation shall include:
1. Type of waste disposed of at the site;
2. The exact location of such waste shown on a map with a legend;
3. Notice that excavation of previously filled areas shall not be conducted without prior written approval from the Department.
2.3.16Height Monitoring

An annual survey of the landfill height shall be taken by a properly licensed Rhode Island land surveyor or professional engineer. This survey shall be submitted to the Department within thirty (30) days after the survey. Once the facility is within eighty percent (80%) of its proposed final site elevation, the Department may require more frequent surveys as necessary to ensure such elevation is not exceeded.

2.3.17Excavation

No person shall excavate previously filled areas without prior written approval from the Director.

2.3.18Resource Recovery and Solid Waste Incinerator Ash Residue Monofills
A. Landfills used solely for the disposal of solid waste resulting from Resource Recovery and Incineration operations are subject to all requirements of these Regulations.
B. Each application for a license to construct and operate an ash residue landfill must meet all requirements set forth in § 1.6 of this Subchapter and § 2.1 of this Part.
C. All ash residue monofills are subject to all operating and design Regulations set forth in § 1.7 of this Subchapter, §§ 2.2 and 2.3 of this Part with the exception of the gas venting requirements specified in §2.3.8 of this Part.
2.3.19Airport Safety

Owners or operators of new SWLF units, existing SWLF units and their lateral expansions that are located within ten thousand feet (10,000') (three thousand forty-eight meters (3,048 m)) of any airport runway end used by turbojet aircraft or within five thousand feet (5,000') (one thousand five hundred twenty-four meters (1524 m)) of any airport runway end used by only piston type aircraft shall demonstrate that their landfills are designed and operated so that the landfills do not pose a bird hazard to aircraft. Each owner or operator shall document demonstration of this design and operation in its operating record and shall notify the Director of this documenting action.

2.3.20Fault Areas
A. New SWLF units and lateral expansions of SWLF units shall not be located within two hundred feet (200') (sixty meters (60 m)) of a fault that has had displacement in Holocene time unless the owner or operator demonstrates to the Director that an alternative setback distance of less than two hundred feet (200') (sixty meters (60 m)) will prevent damage to the structural integrity of the SWLF unit and will be protective of human health and the environment where:
1. "Fault" means a fracture or a zone of fractures in any material along which strata on one (1) side have been displaced with respect to that on the other side.
2. "Displacement" means the relative movement of any two (2) sides of a fault measured in any direction.
3. "Holocene" means the most recent epoch of the Quaternary period, extending from the end of the Pleistocene Epoch to the present.
2.3.21Seismic Impact Zones
A. New SWLF units and lateral expansions of SWLF units shall not be located in seismic impact zones, unless the owner or operator demonstrates to the Director that all containment structures, including liners, leachate collection systems, and surface water control systems, are designed to resist the maximum horizontal acceleration in lithified earth material for the site. The owner or operator shall place this demonstration in the operating record and notify the Director that it has been placed in the operating record, and where:
1. "Seismic impact zone" means an area with a ten percent (10%) or greater probability that the maximum horizontal acceleration in lithified earth material, expressed as a percentage of the earth's gravitational pull will exceed one tenth (0.10) g in two hundred fifty (250) years.
2. "Maximum horizontal acceleration in lithified earth material" means the maximum expected horizontal acceleration depicted on a seismic hazard map, with a ninety percent (90%) or greater probability that this acceleration will not be exceeded in two hundred fifty (250) years or it means the maximum expected horizontal acceleration based on a site-specific seismic risk assessment.
3. "Lithified earth material" means all rock, including all naturally occurring and naturally formed aggregates or masses of minerals or small particles of older rock that formed by crystallization of magma or by induration of loose sediments. This term does not include man-made materials, such as fill, concrete, asphalt, or unconsolidated earth materials, soil, or regolith lying at or near the earth surface.
2.3.22Unstable Areas
A. Owners or operators of new SWLF units, existing SWLF units, and lateral expansions of SWLF units located in unstable areas must demonstrate that engineering measures have been incorporated into the SWLF unit's design to ensure that the integrity of the structural components of the SWLF unit will not be disrupted. The owner or operator must place this demonstration in the operating record and notify the Director that it has been placed in the operating record.
1. "Unstable area" means a location that is susceptible to natural or human induced events or forces capable of impairing the integrity of some or all of the landfill structural components responsible for preventing releases from a landfill. Unstable areas can include poor foundation conditions, areas susceptible to mass movements, and Karst Terranes.
2. "Structural components" means liners, leachate collection systems, final covers, run-on/run-off systems and any other component used in the construction and operation of the SWLF that is necessary for protection of human health and the environment.
3. "Poor foundation conditions" means those areas where features exist which indicate that a natural or man-induced event may result in inadequate foundation support for the structural components of an SWLF unit.
4. "Areas susceptible to mass movement" means those areas of influence (i.e., areas characterized as having an active or substantial possibility of mass movement) where the movement of earth material at, beneath, or adjacent to the SWLF unit, because of natural or man-induced events, results in the downslope transport of soil and rock material by means of gravitational influence. Areas of mass movement include, but are not limited to, landslides, avalanches, debris slides and floods, solifluction, block sliding, and rock fall.
5. "Karst terranes" means areas where Karst topography, with its characteristic surface and subterranean features, is developed as the result of dissolution of limestone, dolomite, or other soluble rock. Characteristic physiographic features present in Karst Terranes include but are not limited to, sinkholes, sinking streams, caves, large springs, and blind valleys.
B. The owner or operator shall consider the following factors, at a minimum, when determining whether an area is unstable:
1. On-site or local soil conditions that may result in significant differential settling;
2. On-site or local geologic or geomorphologic features; and
3. On-site or local human-made features or events (both surface and subsurface).
2.3.23Closure of Existing Solid Waste Landfill Units in Unstable Areas
A. Any existing SWLF unit that is sited in an unstable area shall close or may continue to operate based on the following criteria:
1. It shall be allowed to continue to operate, provided it can demonstrate to the Director that engineering measures have been incorporated in its design to ensure the structural components of the landfill will not be disrupted.
2.3.24Post-Closure Care

Post-closure care shall be carried out in accordance with the requirements of §§ 2.1.9(B) and (C) of this Part. Following completion of the post-closure period, the landfill owner or operator shall submit to the Department a copy of a certification signed by an independent registered professional engineer or approved by the Director, verifying that post-closure care has been completed in accordance with the post-closure plan and that this certification has been placed in the landfill's operating record.

2.3.25Record Keeping Requirements for SWLF Units
A. The landfill owner or operator must record and retain near the facility in an operating record or in an alternate location approved by the Director, the following information as it becomes available:
1. Any location restriction documentation required, per § 2.3 of this Part and its subsections.
2. Waste inspections records, training procedures, and notification procedures required in §2.3.6(E) of this Part.
3. Gas monitoring results and any remediation plans required by §2.3.8 of this Part.
4. Any SWLF unit design documentation for placement of leachate or gas condensate in the landfill, per §2.3.6(D)(4) of this Part.
5. Any groundwater demonstration, certification, finding, monitoring, testing, or analytical data required by § 2.1.8 of this Part and its subsections.
6. Closure and post-closure care plans and any monitoring, testing or analytical data required by §§ 2.1.9 and 2.3.4(C) of this Part.
7. Any cost estimate and financial assurance documentation required by §§ 2.1.9(E), (F), and 2.3.26(D) of this Part.
B. The landfill owner or operator must notify the Director when the documents from § 2.3.25(A) of this Part have been placed or added to the landfill's operating record, and all information contained in the operating record must be furnished upon request to the Director or be made available at all reasonable times for inspection by the Director.
C. The landfill owner or operator shall retain all records required in §2.3.25 of this Part for the life of the facility, to include the closure and post-closure care periods.
D. Per R.I. Gen. Laws § 23-18.9-12, any private landfill operator shall keep a written record of the vehicles which unload cargo at the landfill. The record shall contain the date and time of unloading of the cargo, a description of the cargo, as well as the vehicle registration. The landfill operator shall, upon request, make the written record available for inspection by the Department.
2.3.26Constituents for Detection Monitoring

Common name

CAS RN

Chemical Abstract Service registry number

Common names are those widely used in government Regulations, scientific publications, and commerce; synonyms exist for many chemicals).

Where "(Total)" is entered, all species in the ground water that contain this element are included.

Inorganic Constituents:

(1) Antimony

(Total)

(2) Arsenic

(Total)

(3) Barium

(Total)

(4) Beryllium

(Total)

(5) Cadmium

(Total)

(6) Chromium

(Total)

(7) Cobalt

(Total)

(8) Copper

(Total)

(9) Lead

(Total)

(10) Nickel

(Total)

(11) Selenium

(Total)

(12) Silver

(Total)

(13) Thallium

(Total)

(14) Vanadium

(Total)

(15) Zinc

(Total)

Organic Constituents:

(16) Acetone

67-64-1

(17) Acrylonitrile

107-13-1

(18) Benzene

71-43-2

(19) Bromochloromethane

74-97-5

(20) Bromodichloromethane

75-27-4

(21) Bromoform; Tribromomethane

75-25-2

(22) Carbon disulfide

75-15-0

(23) Carbon tetrachloride

56-23-5

(24) Chlorobenzene

108-90-7

(25) Chloroethane; Ethyl chloride

75-00-3

(26) Chloroform; Trichloromethane

67-66-3

(27) Dibromochloromethane; Chlorodibromomethane

124-48-1

(28) 1,2-Dibromo-3-chloropropane; DBCP

96-12-8

(29) 1,2-Dibromoethane; Ethylene dibromide; EDB

106-93-4

(30) o-Dichlorobenzene; 1,2-Dichlorobenzene

95-50-1

(31) p-Dichlorobenzene; 1,4-Dichlorobenzene

106-46-7

(32) trans-1, 4-Dichloro-2-butene

110-57-6

(33) 1,1-Dichlorethane; Ethylidene chloride

75-34-3

(34) 1,2-Dichlorethane; Ethylene dichloride

107-06-2

(35) 1,1-Dichloroethylene; 1,1-Dichloroethene; Vinylidene chloride

75-35-4

(36) cis-1,2-Dichloroethylene; cis-1,2-Dichloroethene

156-59-2

(37) trans-1, 2-Dichloroethylene; trans-1,2-Dichloroethene

156-60-5

(38) 1,2-Dichloropropane; Propylene dichloride

78-87-5

(39) cis-1,3-Dichloropropene

10061-01-5

(40) trans-1,3-Dichloropropene

10061-02-6

(41) Ethylbenzene

100-41-4

(42) 2-Hexanone; Methyl butyl ketone

591-78-6

(43) Methyl bromide; Bromomethane

74-83-9

(44) Methyl chloride; Chloromethane

74-87-3

(45) Methylene bromide; Dibromomethane

74-95-3

(46) Methylene chloride; Dichloromethane

75-09-2

(47) Methyl ethyl ketone; MEK; 2-Butanone

78-93-3

(48) Methyl iodide; Idomethane

74-88-4

(49) 4-Methyl-2-pentanone; Methyl isobutyl ketone

108-10-1

(50) Styrene

100-42-5

(51) 1,1,1,2-Tetrachloroethane

630-20-6

(52) 1,1,2,2-Tetrachloroethane

79-34-5

(53) Tetrachloroethylene; Tetrachloroethene; Perchloroethylene

127-18-4

(54) Toluene

108-88-3

(55) 1,1,1-Trichloroethane; Methylchloroform

71-55-6

(56) 1,1,2-Trichloroethane

79-00-5

(57) Trichloroethylene; Trichloroethene

79-01-6

(58) Trichlorofluoromethane; CFC-11

75-69-4

(59) 1,2,3-Trichloropropane

96-18-4

(60) Vinyl acetate

108-05-4

(61) Vinyl chloride

75-01-4

(62) Xylenes

1330-20-7

2.3.27List of Hazardous Inorganic and Organic Constituents

Common name (those widely used in government Regulations, scientific publications, and commerce; synonyms exist for many chemicals)

CAS RN Chemical Abstracts Service Registry Number

Chemical abstracts service index name (those used in the 9th Cumulative Index)

Where "(Total)" is entered for CAS RN, all species in the ground water that contain this element are included.

Acenaphthene

83-32-9

Acenaphthylene, 1,2-dihydro-

Acenaphthylene

208-96-8

Acenaphthylene

Acetone

67-64-1

2-Propanone

Acetonitrile; Methyl cyanide

75-05-8

Acetonitrile

Acetophenone

98-86-2

Ethanone, 1-phenyl-

2-Acetylaminofluorene; 2-AAF

53-96-3

Acetamide, N-9H-fluoren-2-yl-

Acrolein

107-02-8

2-Propenal

Acrylonitrile

107-13-1

2-Propenenitrile

Aldrin

309-00-2

1,4:5,8-Dimethanonaphthalene, 1,2,3,4,10,10-hexachloro-1,4,4a,5,8,8a-hexahydro-(1,4,4a,5,8,8a)-

Allyl chloride

107-05-1

1-Propene, 3-chloro-

4-Aminobiphenyl

92-67-1

[1,1'-Biphenyl]-4-amine

Anthracene

120-12-7

Anthracene

Antimony

(Total)

Antimony

Arsenic

(Total)

Arsenic

Barium

(Total)

Barium

Benzene

71-43-2

Benzene

Benzo[a]anthracene; Benzanthracene

56-55-3

Benz[a]anthracene

Benzo[b]fluoranthene

205-99-2

Benz[e]acephenanthrylene

Benzo[k]fluoranthene

207-08-9

Benzo[k]fluoranthene

Benzo[ghi]perylene

191-24-2

Benzo[ghi]perylene

Benzo[a]pyrene

50-32-8

Benzo[a]pyrene

Benzyl alcohol

100-51-6

Benzenemethanol

Beryllium

(Total)

Beryllium

alpha-BHC

319-84-6

Cyclohexane, 1,2,3,4,5,6-hexachloro-, (1[ALPHA], 2[ALPHA], 3[BETA], 4[ALPHA], 5[BETA], 6[BETA],)-

beta-BHC

319-85-7

Cyclohexane, 1,2,3,4,5,6-hexachloro-, (1[ALPHA], 2[BETA], 3[ALPHA], 4[BETA], 5[ALPHA], 6[BETA],)-

delta-BHC

319-86-8

Cyclohexane, 1,2,3,4,5,6-hexachloro-, (1[ALPHA], 2[ALPHA], 3[ALPHA], 4[BETA], 5[ALPHA], 6[BETA],)-

gamma-BHC; Lindane

58-89-9

Cyclohexane, 1,2,3,4,5,6- hexachloro-, (1[ALPHA], 2[ALPHA], 3[BETA], 4[ALPHA], 5[ALPHA], 6[BETA])-

Bis(2-chloroethoxy)methane

111-91-1

Ethane, 1,1'-[methylenebis (oxy)]bis[2-chloro-

Bis(2-chloroethyl)ether; Dichloroethyl ether

111-44-4

Ethane, 1,1'-(oxy) bis[2-chloro-

Bis(2-chloro-1-methylethyl) ether; 2,2'-Dichlorodiisopropyl ether; DCIP This substance is often called bis(2-chloroisopropyl) ether, the name Chemical Abstracts Service applies to its noncommercial isomer, propane, 2,2-oxybis[2-chloro-(CAS RN 39638-32-9 ).

108-60-1

Propane, 2,2'-(oxy) bis[1-chloro-

Bis(2-ethylhexyl)phthalate

117-81-7

1,2-Benzenedicarboxylic acid, bis(2-ethylhexyl)ester

Bromochloromethane; Chlorobromethane

74-97-5

Methane, bromochloro-

Bromodichloromethane; Dibromochloromethane

75-27-4

Methane, bromodichloro-

Bromoform; Tribromomethane

75-25-2

Methane, tribromo-

4-Bromophenyl phenyl ether

101-55-3

Benzene, 1-bromo-4-phenoxy-

Butyl benzyl phthalate; Benzyl butyl phthalate

85-68-7

1,2-Benzenedicarboxylic acid, butyl phenylmethyl ester

Cadmium

(Total)

Cadmium

Carbon disulfide

75-15-0

Carbon disulfide

Carbon tetrachloride

56-23-5

Methane, tetrachloro-

Chlordane

5103-71-9

4,7-Methano-1H-indene, 1,2,4,5,6,7,8,8-

This entry includes alpha-chlordane (CAS RN 5103-71-9), beta-chlordane (CAS RN 5103-74-2), gamma-chlordane (CAS RN 5566-34-7), and constituents of chlordane (CAS RN 57-74-9 and CAS RN 12789-03-6).

see adjacent note

octachloro-2,3,3a,4,7,7a-hexahydro-

p-Chloroaniline

106-47-8

Benzenamine, 4-chloro-

Chlorobenzene

108-90-7

Benzene, chloro-

Chlorobenzilate

510-15-6

Benzeneacetic acid, 4-chloro--(4-chlorophenyl)- -hydroxy-, ethyl ester

p-Chloro-m-cresol; 4-Chloro-3-methylphenol

59-50-7

Phenol, 4-chloro-3-methyl-

Chloroethane; Ethyl chloride

75-00-3

Ethane, chloro-

Chloroform; Trichloromethane

67-66-3

Methane, trichloro-

2-Chloronaphthalene

91-58-7

Naphthalene, 2-chloro-

2-Chlorophenol

95-57-8

Phenol, 2-chloro-

4-Chlorophenyl phenyl either

7005-72-3

Benzene, 1-chloro-4-phenoxy-

Chloroprene

126-99-8

1,3-Butadiene, 2-chloro-

Chromium

(Total)

Chromium

Chrysene

218-01-9

Chrysene

Cobalt

(Total)

Cobalt

Copper

(Total)

Copper

m-Cresol; 3-Methylphenol

108-39-4

Phenol, 3-methyl-

o-Cresol; 2-Methylphenol

95-48-7

Phenol, 2-methyl-

p-Cresol; 4-Methylphenol

106-44-5

Phenol, 4-methyl-

Cyanide

57-12-5

Cyanide

2,4-D; 2,4-Dichlorophenoxyacetic acid

94-75-7

Acetic acid, (2,4-dichlorophenoxy)-

4,4'-DDD

72-54-8

Benzene 1,1'-(2,2-dichloroethylidene) bis[4-chloro-

4,4'-DDE

72-55-9

Benzene, 1,1'-(dichloroethenylidene) bis[4-chloro-

4,4'-DDT

50-29-3

Benzene, 1,1'-(2,2,2-trichloroethylidene) bis[4-chloro-

Diallate

2303-16-4

Carbamothioic acid, bis(1-methylethyl)-, S- (2,3-dichloro-2-propenyl) ester.

Dibenz[a,h]anthracene

53-70-3

Dibenz[a,h]anthracene

Dibenzofuran

132-64-9

Dibenzofuran

Dibromochloromethane; Chlorodibromomethane

124-48-1

Methane, dibromochloro-

1,2-Dibromo-3-chloropropane; DBCP

96-12-8

Propane, 1,2-dibromo-3-chloro-

1,2-Dibromoethane; Ethylene dibromide; EDB

106-93-4

Ethane, 1,2-dibromo-

Di-n-butyl phthalate

84-74-2

1,2-Benzenedicarboxylic acid, dibutyl ester

o-Dichlorobenzene; 1,2-Dichlorobenzene

95-50-1

Benzene, 1,2-dichloro-

m-Dichlorobenzene; 1,3-Dichlorobenzene

541-73-1

Benzene, 1,3-dichloro-

p-Dichlorobenzene; 1,4-Dichlorobenzene

106-46-7

Benzene, 1,4-dichloro-

3,3'-Dichlorobenzidine

91-94-1

[1,1'-Biphenyl]-4,4'-diamine, 3,3'-dichloro-

trans-1,4-Dichloro-2-butene

110-57-6

2-Butene, 1,4-dichloro-, (E)-

Dichlorodifluoromethane; CFC 12

75-71-8

Methane, dichlorodifluoro-

1,1-Dichloroethane; Ethyldidene chloride

75-34-3

Ethane, 1,1-dichloro-

1,2-Dichloroethane; Ethylene dichloride

107-06-2

Ethane, 1,2-dichloro-

1,1-Dichloroethylene; 1,1-Dichloroethene

75-35-4

Ethene, 1,1-dichloro-

Vinylidene chloride cis-1,2-Dichloroethylene; cis-1,2-Dichloroethene

156-59-2

Ethene, 1,2-dichloro-(Z)-

trans-1,2-Dichloroethylene; trans-1,2-Dichloroethene

156-60-5

Ethene, 1,2-dichloro-, (E)-

2,4-Dichlorophenol

120-83-2

Phenol, 2,4-dichloro-

2,6-Dichlorophenol

87-65-0

Phenol, 2,6-dichloro-

1,2-Dichloropropane

78-87-5

Propane, 1,2-dichloro-

1,3-Dichloropropane; Trimethylene dichloride

142-28-9

Propane, 1,3-dichloro-

2,2-Dichloropropane; Isopropylidene chloride

594-20-7

Propane, 2,2-dichloro-

1,1-Dichloropropene

563-58-6

1-Propene, 1,1-dichloro-

cis-1,3-Dichloropropene

10061-01-5

1-Propene, 1,3-dichloro-, (Z)-

trans-1,3-Dichloropropene

10061-02-6

1-Propene, 1,3-dichloro-, (E)-

Dieldrin

60-57-1

2,7:3,6-Dimethanonaphth[2,3-b]oxirene, 3,4,5,6,9,9-hexachloro-

1a,2,2a,3,6,6a,7,7a-octahydro-, (1a[ALPHA], 2[BETA], 2a[ALPHA], 3[BETA], 6[BETA], 6a[ALPHA], 7[BETA], 7a[ALPHA],)-

Diethyl phthalate

84-66-2

1,2-Benzenedicarboxylic acid, diethyl ester

O,O-Diethyl O-2-pyrazinyl phosphorothioate; Thionazin

297-97-2

Phosphorothioic acid, O,O-diethyl O-pyrazinyl ester

Dimethoate

60-51-5

Phosphorodithioic acid, O,O-dimethyl S-[2-(methylamino)-2-oxoethyl] ester

p-(Dimethylamino)azobenzene

60-11-7

Benzenamine, N,N-dimethyl-4-(phenylazo)-

7,12-Dimethylbenz[a]anthracene

57-97-6

Benz[a]anthracene, 7,12-dimethyl-

3,3'-Dimethylbenzidine

119-93-7

[1,1'-Biphenyl]-4,4'-diamine, 3,3'-dimethyl-

alpha, alpha-Dimethylphenethylamine

122-09-8

Benzeneethanamine, [ALPHA], α-dimethyl-

2,4-Dimethylphenol; m-Xylenol

105-67-9

Phenol, 2,4-dimethyl-

Dimethyl phthalate

131-11-3

1,2-Benzenedicarboxylic acid, dimethyl ester

m-Dinitrobenzene

99-65-0

Benzene, 1,3-dinitro-

4,6-Dinitro-o-cresol; 4,6-Dinitro-2-methylphenol

534-52-1

Phenol, 2-methyl-4,6-dinitro-

2,4-Dinitrophenol

51-28-5

Phenol, 2,4-dinitro-

2,4-Dinitrotoluene

121-14-2

Benzene, 1-methyl-2,4-dinitro-

2,6-Dinitrotoluene

606-20-2

Benzene, 2-methyl-1,3-dinitro-

Dinoseb; DNBP; 2-sec-Butyl-4,6-dinitrophenol

88-85-7

Phenol, 2-(1-methylpropyl)-4,6-dinitro-

Di-n-octyl phthalate

117-84-0

1,2-Benzenedicarboxylic acid, dioctyl ester

Diphenylamine

122-39-4

Benzenamine, N-phenyl-

Disulfoton

298-04-4

Phosphorodithioic acid, O,O-diethyl S-[2-(ethylthio)ethyl] ester

Endosulfan I

959-98-8

6,9-Methano-2,4,3-benzodiox-athiepin, 6,7,8,9,10,10-hexachloro-1,5,5a,6,9,9a-hexahydro-, 3-oxide

Endosulfan II

33213-65-9

6,9-Methano-2,4,3-benzodioxathiepin, 6,7,8,9,10,10-hexachloro- 1,5,5a,6,9,9a-hexahydro-, 3-oxide, (3[ALPHA], 5a[ALPHA], 6[BETA], 9[BETA], 9a[ALPHA])-

Endosulfan sulfate

1031-07-8

6,9-Methano-2,4,3-benzodioxathiepin, 6,7,8,9,10,10-hexachloro-1,5,5a,6,9,9a-hexahydro-, 3,3-dioxide

Endrin

72-20-8

2,7:3,6-Dimethanonaphth[2,3-b]oxirene,

3,4,5,6,9,9-hexachloro-

1 a,2,2a,3,6,6a,7,7a-octahydro-, (1aa, 23,2a3, 3a,6a,6a3,73,7aa)-

Endrin aldehyde

7421-93-4

1,2,4-Methenocyclo-penta[cd]pentalene-5-carboxaldehyde,2,2a,3,3,4,7-hexachlorodecahydro-(1[ALPHA], 2[BETA], 2a[BETA], 4[BETA], 4a[BETA], 5[BETA], 6a[BETA], 6b[BETA], 7R*)-

Ethylbenzene

100-41-4

Benzene, ethyl-

Ethyl methacrylate

97-63-2

2-Propenoic acid, 2-methyl-, ethyl ester

Ethyl methanesulfonate

62-50-0

Methanesulfonic acid, ethyl ester

Famphur

52-85-7

Phosphorothioic acid, O-[4-[(dimethylamino)sulfonyl]phenyl]-O,O-dimethyl ester

Fluoranthene

206-44-0

Fluoranthene

Fluorene

86-73-7

9H-Fluorene

Heptachlor

76-44-8

4,7-Methano-1H-indene,1,4,5,6,7,8,8-heptachloro-3a,4,7,7a-tetrahydro-

Heptachlor epoxide

1024-57-3

2,5-Methano-2H-indeno[1,2-b]oxirene,2,3,4,5,6,7,7-heptachloro-1a,1b,5,5a,6,6a,-hexahydro-, (1aa,1b3,2a,5a,5a3,63,6aa)

Hexachlorobenzene

118-74-1

Benzene, hexachloro-

Hexachlorobutadiene

87-68-3

1,3-Butadiene, 1,1,2,3,4,4-hexachloro-

Hexachlorocyclopentadiene

77-47-4

1,3-Cyclopentadiene, 1,2,3,4,5,5-hexachloro-

Hexachloroethane

67-72-1

Ethane, hexachloro-

Hexachloropropene

1888-71-7

1-Propene, 1,1,2,3,3,3-hexachloro-

2-Hexanone; Methyl butyl ketone

591-78-6

2-Hexanone

Indeno(1,2,3-cd)pyrene

193-39-5

Indeno[1,2,3-cd]pyrene

Isobutyl alcohol

78-83-1

1-Propanol, 2-methyl-

Isodrin

465-73-6

1,4,5,8-Dimethanonaphthalene,1,2,3,4,1 0,10-hexachloro-1,4,4a,5,8,8a hexahydro-(1a, 4a, 4a3,53,83,8a3)-

Isophorone

78-59-1

2-Cyclohexen-1-one, 3,5,5-trimethyl-

Isosafrole

120-58-1

1,3-Benzodioxole, 5-(1-propenyl)-

Kepone

143-50-0

1,3,4-Metheno-2H-cyclobuta-[cd]pentalen-2-one, 1,1a,3,3a,4,5,5,5a,5b,6-decachlorooctahydro-

Lead

(Total)

Lead

Mercury

(Total)

Mercury

Methacrylonitrile

126-98-7

2-Propenenitrile, 2-methyl-

Methapyrilene

91-80-5

1,2,Ethanediamine, N,N-dimethyl-N'-2-pyridinyl-N'-(2-thienylmethyl)-

Methoxychlor

72-43-5

Benzene, 1,1'-(2,2,2,trichloroethylidene)bis[4-methoxy-

Methyl bromide; Bromomethane

74-83-9

Methane, bromo-

Methyl chloride; Chloromethane

74-87-3

Methane, chloro-

3-Methylcholanthrene

56-49-5

Benz[j]aceanthrylene, 1,2-dihydro-3-methyl-

Methyl ethyl ketone; MEK; 2-Butanone

78-93-3

2-Butanone

Methyl iodide; Iodomethane

74-88-4

Methane, iodo-

Methyl methacrylate

80-62-6

2-Propenoic acid, 2-methyl-, methyl ester

Methyl methanesulfonate

66-27-3

Methanesulfonic acid, methyl ester

2-Methylnaphthalene

91-57-6

Naphthalene, 2-methyl-

Methyl parathion; Parathion methyl

298-00-0

Phosphorothioic acid, O,O-dimethyl

4-Methyl-2-pentanone; Methyl isobutyl ketone

108-10-1

2-Pentanone, 4-methyl-

Methylene bromide; Dibromomethane

74-95-3

Methane, dibromo-

Methylene chloride; Dichloromethane

75-09-2

Methane, dichloro-

Naphthalene

91-20-3

Naphthalene

1,4-Naphthoquinone

130-15-4

1,4-Naphthalenedione

1-Naphthylamine

134-32-7

1-Naphthalenamine

2-Naphthylamine

91-59-8

2-Naphthalenamine

Nickel

(Total)

Nickel

o-Nitroaniline; 2-Nitroaniline

88-74-4

Benzenamine, 2-nitro-

m-Nitroaniline; 3-Nitroaniline

99-09-2

Benzenamine, 3-nitro-

p-Nitroaniline; 4-Nitroaniline

100-01-6

Benzenamine, 4-nitro-

Nitrobenzene

98-95-3

Benzene, nitro-

o-Nitrophenol; 2-Nitrophenol

88-75-5

Phenol, 2-nitro-

p-Nitrophenol; 4-Nitrophenol

100-02-7

Phenol, 4-nitro-

N-Nitrosodi-n-butylamine

924-16-3

1-Butanamine, N-butyl-N-nitroso-

N-Nitrosodiethylamine

55-18-5

Ethanamine, N-ethyl-N-nitroso-

N-Nitrosodimethylamine

62-75-9

Methanamine, N-methyl-N-nitroso-

N-Nitrosodiphenylamine

86-30-6

Benzenamine, N-nitroso-N-phenyl-

N-Nitrosodipropylamine; N-Nitroso-N-dipropylamine; Di-n-propylnitrosamine

621-64-7

1-Propanamine, N-nitroso-N-propyl-

N-Nitrosomethylethalamine

10595-95-6

Ethanamine, N-methyl-N-nitroso-

N-Nitrosopiperidine

100-75-4

Piperidine, 1-nitroso-

N-Nitrosopyrrolidine

930-55-2

Pyrrolidine, 1-nitroso-

5-Nitro-o-toluidine

99-55-8

Benzenamine, 2-methyl-5-nitro-

Parathion

56-38-2

Phosphorothioic acid, O,O-diethyl-O-(4-nitrophenyl)ester

Pentachlorobenzene

608-93-5

Benzene, pentachloro-

Pentachloronitrobenzene

82-68-8

Benzene, pentachloronitro-

Pentachlorophenol

87-86-5

Phenol, pentachloro-

Phenacetin

62-44-2

Acetamide, N-(4-ethoxyphenyl)

Phenanthrene

85-01-8

Phenanthrene

Phenol

108-95-2

Phenol

p-Phenylenediamine

106-50-3

1,4-Benzenediamine

Phorate

298-02-2

Phosphorodithioic acid, 0,0-diethyl S-[(ethylthio)methyl]ester

Polychlorinated biphenyls; RGBs Polychlorinated biphenyls (CAS RN 1336-36-3); this category contains congener chemicals, including constituents of Aroclor-1016 (CAS RN 12674-11-2), Aroclor-1221 (CAS RN 11104-28-2), Aroclor-1232 (CAS RN 11141 - 16-5), Aroclor-1242 (CAS RN 53469-21-9), Aroclor-1248 (CAS RN 12672-29-6), Aroclor-1254 (CASRN 11097-69-1 ), and Aroclor-1260 (CAS RN 11096-82-5).

1336-36-3

See adjacent note

1,r-Biphenyl, chloro derivatives

Pronamide

23950-58-5

Benzamide, 3,5-dichloro-N-(1,1-dimethyl-2-propynyl)-

Propionitrile; Ethyl cyanide

107-12-0

Propanenitrile

Pyrene

129-00-0

Pyrene

Safrole

94-59-7

1,3-Benzodioxole, 5-(2- propenyl)-

Selenium

(Total)

Selenium

Silver

(Total)

Silver

Silvex; 2,4,5-TP

93-72-1

Propanoic acid, 2-(2,4,5-trichlorophenoxy)-

Styrene

100-42-5

Benzene, ethenyl-

Sulfide

18496-25-8

Sulfide

2,4,5-T; 2,4,5-Trichlorophenoxyacetic acid

93-76-5

Acetic acid, (2,4,5- trichlorophenoxy)-

2,3,7,8-TCDD; 2,3,7,8-Tetrachlorodibenzo- p-dioxin

1746-01-6

Dibenzo[b,e][1,4]dioxin, 2,3,7,8-tetrachloro-

1,2,4,5-Tetrachlorobenzene

95-94-3

Benzene, 1,2,4,5-tetrachloro-

1,1,1,2-Tetrachloroethane

630-20-6

Ethane, 1,1,1,2-tetrachloro-

1,1,2,2-Tetrachloroethane

79-34-5

Ethane, 1,1,2,2-tetrachloro-

Tetrachloroethylene;

Tetrachloroethene;

Perchloroethylene

127-18-4

Ethene, tetrachloro-

2,3,4,6-Tetrachlorophenol

58-90-2

Phenol, 2,3,4,6-tetrachloro-

Thallium

(Total)

Thallium

Tin

(Total)

Tin

Toluene

108-88-3

Benzene, methyl-

o-Toluidine

95-53-4

Benzenamine, 2-methyl-

Toxaphene

8001-35-2

Toxaphene

This entry includes congener chemicals contained in technical toxaphene (CAS RN 8001-35-2), i.e., chlorinated camphene.

See adjacent note

1,2,4-Trichlorobenzene

120-82-1

Benzene, 1,2,4-trichloro-

1,1,1-Trichloroethane; Methylchloroform

71-55-6

Ethane, 1,1,1-trichloro-

1,1,2-Trichloroethane

79-00-5

Ethane, 1,1,2-trichloro-

Trichloroethylene; Trichloroethene

79-01-6

Ethene, trichloro-

Trichlorofluoromethane; CFC-11

75-69-4

Methane, trichlorofluoro-

2,4,5-Trichlorophenol

95-95-4

Phenol, 2,4,5-trichloro-

2,4,6-Trichlorophenol

88-06-2

Phenol, 2,4,6-trichloro-

1,2,3-Trichloropropane

96-18-4

Propane, 1,2,3-trichloro-

O,O,O-Triethyl phosphorothioate

126-68-1

Phosphorothioic acid, O,O,O-triethyl ester

sym-Trinitrobenzene

99-35-4

Benzene, 1,3,5-trinitro-

Vanadium

(Total)

Vanadium

Vinyl acetate

108-05-4

Acetic acid, ethenyl ester

Vinyl chloride; Chloroethene

75-01-4

Ethene, chloro-

Xylene (total)

Xylene (total): This entry includes o-xylene (CAS RN 96-47-6), m-xylene (CAS RN 108-38-3), p-xylene (CAS RN 106-42-3), and unspecified xylenes (dimethylbenzenes) (CAS RN 1330-20-7).

96-47-6

See adjacent note

Benzene, dimethyl-

Zinc

(Total)

Zinc

2.3.28Corrective Actions Program
A. Assessment of Corrective Measures
1. Within ninety (90) days of finding that any of the constituents listed in § 2.3.27 of this Part have been detected at a statistically significant level exceeding the groundwater protection standards, the owner or operator must initiate an assessment of corrective measures. Such an assessment must be completed within a reasonable period of time.
2. The owner or operator must continue to monitor in accordance with the assessment monitoring program.
3. The assessment shall include an analysis of the effectiveness of potential corrective measures in meeting all of the requirements and objectives of the remedy, addressing at least the following:
a. The performance, reliability, ease of implementation, and potential impacts of appropriate potential remedies, including safety impacts, cross-media impacts, and control of exposure to any residual contamination;
b. The time required to begin and complete the remedy;
c. The costs of remedy implementation; and d. The institutional requirements such as State or local permit requirements or other environmental or public health requirements that may substantially affect implementation of the remedy(s).
4. The owner or operator must discuss the results of the corrective measures assessment, prior to the selection of remedy, in a public meeting with interested and affected parties.
B. Selection of Remedy
1. Based on the results of the corrective measures assessment, the owner or operator must select a remedy that, at a minimum, meets the standards listed in § 2.3.28(B)(2) of this Part. The owner or operator must notify the Director, within fourteen (14) days of selecting a remedy that a report describing the selected remedy has been placed in the operating plan and that it meets the standards in § 2.3.28(B)(2) of this Part.
2. Remedies must:
a. Be protective of human health and the environment;
b. Attain the groundwater protection standard as specified pursuant to § 2.1.8 of this Part.
c. Control the source(s) of releases so as to reduce or eliminate, to the maximum extent practicable, further releases of § 2.3.27 of this Part into the environment that may pose a threat to human health or the environment; and d. Comply with standards for management of wastes as specified in § 2.3.28(C)(4) of this Part.
3. In selecting a remedy that meets the standards of § 2.3.28(C)(2) of this Part, the owner or operator shall consider the following evaluation factors:
a. The long and short-term effectiveness and protectiveness of the potential remedy(s), along with the degree of certainty that the remedy will prove successful based on consideration of the following:
(1) Magnitude of reduction of existing risks;
(2) Magnitude of residual risks in terms of likelihood of further releases due to waste remaining following implementation of a remedy;
(3) The type and degree of long-term management required, including monitoring, operation, and maintenance;
(4) Short-term risks that might be posed to the community, workers, or the environment during implementation of such a remedy, including potential threats to human health and the environment associated with excavation, transportation, and redisposal of contaminants;
(5) Time until full protection is achieved;
(6) Potential for exposure of humans and environmental receptors to remaining wastes, considering the potential threat to human health and the environment associated with excavation, transportation, redisposal, or containment;
(7) Long-term reliability of the engineering and institutional controls; and
(8) Potential need for replacement of the remedy.
b. The effectiveness of the remedy in controlling the source to reduce further releases based on consideration of the following factors:
(1) The extent to which containment practices will reduce further releases;
(2) The extent to which treatment technologies may be used.
c. The ease or difficulty of implementing a potential remedy(s) based on consideration of the following types of factors:
(1) Degree of difficulty associated with constructing the technology;
(2) Expected operational reliability of the technologies;
(3) Need to coordinate with and obtain necessary approvals and permits from other agencies;
(4) Availability of necessary equipment and specialists; and
(5) Available capacity and location of needed treatment, storage, and disposal services.
d. Practicable capability of the owner or operator, including a consideration of the technical and economic capability.
e. The degree to which community concerns are addressed by a potential remedy(s).
4. The owner or operator shall specify as part of the selected remedy a schedule(s) for initiating and completing remedial activities. Such a schedule must require the initiation of remedial activities within a reasonable period of time, taking into consideration the factors set forth in §§ 2.3.28(B)(4)(a) through (h) of this Part. The owner or operator must consider the following factors in determining the schedule of remedial activities:
a. Extent and nature of contamination;
b. Practical capabilities of remedial technologies in achieving compliance with groundwater protection standards established under § 2.1.8 of this Part and other objectives of the remedy;
c. Availability of treatment or disposal capacity for wastes managed during implementation of the remedy;
d. Desirability of utilizing technologies that are not currently available, but which may offer significant advantages over already available technologies in terms of effectiveness, reliability, safety, or ability to achieve remedial objectives;
e. Potential risks to human health and the environment from exposure to contamination prior to completion of the remedy;
f. Resource value of the aquifer including:
(1) Current and future uses;
(2) Proximity and withdrawal rate of users;
(3) Groundwater quantity and quality;
(4) The potential damage to wildlife, crops, vegetation, and physical structures caused by exposure to waste constituents;
(5) The hydrogeologic characteristic of the facility and surrounding land;
(6) Groundwater removal and treatment costs; and
(7) The cost and availability of alternative water supplies.
g. Practicable capability of the owner or operator.
h. Other relevant factors.
5. The Director may determine that remediation of a release is not necessary if the owner or operator demonstrates to the satisfaction of the Director that:
a. The groundwater is additionally contaminated by substances that have originated from a source other than an SWLF unit, and those substances are present in concentrations such that cleanup of the release from the SWLF unit would provide no significant reduction in risk to actual or potential receptors; or
b. The constituent(s) present in groundwater:
(1) Is not currently or reasonably expected to be a source of drinking water; and
(2) Is not hydraulically connected with waters to which the hazardous constituents are migrating or are likely to migrate in a concentration(s) that would exceed the groundwater protection standards established under § 2.1.8 of this Part; or c. Remediation of the release(s) is technically impracticable; or d. Remediation results in unacceptable cross-media impacts.
6. A determination by the Director pursuant to §2.3.28(B)(5) of this Part shall not affect the authority of the State to require the owner or operator to undertake source control measures or other measures that may be necessary to eliminate or minimize further releases to the groundwater, to prevent exposure to the groundwater, or to remediate the groundwater to concentrations that are technically practicable and significantly reduce threats to human health or the environment.
C. Implementation of the Corrective Action Program
1. Based on the schedule established under §2.3.28(B)(4) of this Part for initiation and completion of remedial activities, the owner/operator must:
a. Establish and implement a corrective action groundwater monitoring program that:
(1) At a minimum, meets the requirements of an assessment monitoring program;
(2) Indicates the effectiveness of the corrective action remedy; and
(3) Demonstrates compliance with the ground-water protection standard pursuant to §2.3.28(C)(5) of this Part.
b. Implement the corrective action remedy selected under §2.3.28(B) of this Part; and c. Take any interim measures necessary to ensure the protection of human health and the environment. Interim measures should, to the greatest extent practicable, be consistent with the objectives of and contribute to the performance of any remedy that may be required pursuant to §2.3.28(B) of this Part. The following factors must be considered by an owner or operator in determining whether interim measures are necessary:
(1) Time required to develop and implement a final remedy;
(2) Actual or potential exposure of nearby populations or environmental receptors to hazardous constituents;
(3) Actual or potential contamination of drinking water supplies or sensitive ecosystems;
(4) Further degradation of the groundwater that may occur if remedial action is not initiated expeditiously;
(5) Weather conditions that may cause hazardous constituents to migrate or be released;
(6) Risks of fire or explosion, or potential for exposure to hazardous constituents as a result of an accident or failure of a container or handling system; and
(7) Other situations that may pose threats to human health and the environment.
2. An owner or operator may determine, based on information developed after implementation of the remedy has begun or other information, that compliance with requirements of §2.3.28(B)(2) of this Part are not being achieved through the remedy selected. In such cases, the owner or operator must implement other methods or techniques that could practicably achieve compliance with the requirements, unless the owner or operator makes the determination under §2.3.28(C)(3) of this Part.
3. If the owner or operator determines that compliance with requirements under §2.3.28(B)(2) of this Part cannot be practically achieved with any currently available methods, the owner or operator must:
a. Obtain certification of a qualified groundwater scientist or approval by the Director that compliance with requirements under §2.3.28(B)(2) of this Part cannot be practically achieved with any currently available methods;
b. Implement alternate measures to control exposure of humans or the environment to residual contamination, as necessary to protect human health and the environment; and
c. Implement alternate measures for control of the sources of contamination, or for removal or decontamination of equipment, units, devices, or structures that are:
(1) Technically practicable; and
(2) Consistent with the overall objective of the remedy.
d. Notify the Director within fourteen (14) days that a report justifying the alternative measures prior to implementing the alternative measures has been placed in the operating plan.
4. All solid wastes that are managed pursuant to a remedy required under §2.3.28(B) of this Part, or an interim measure required under §2.3.28(C)(1) (c) of this Part, shall be managed in a manner:
a. That is protective of human health and the environment; and
b. That complies with applicable requirements of Subchapter 10 of this Chapter, Hazardous Waste.
5. Remedies selected pursuant to §2.3.28(A) of this Part shall be considered complete when:
a. The owner or operator complies with the groundwater protection standards established under § 2.1.8 of this Part at all points within the plume of contamination that lies beyond the groundwater monitoring well system established under § 2.1.8 of this Part.
b. Compliance with the groundwater protection standards established under § 2.1.8 of this Part has been achieved by demonstrating that concentrations of § 2.3.27 of this Part constituents have not exceeded the groundwater protection standard(s) for a period of three (3) consecutive years using statistical procedures and performance standards.
c. The Director may specify an alternative length of time during which the owner or operator must demonstrate that concentrations of § 2.3.27 of this Part constituents have not exceeded the groundwater protection standard(s) taking into consideration:
(1) Extent and concentration of the release(s);
(2) Behavior characteristics of the hazardous constituents in the groundwater;
(3) Accuracy of monitoring or modeling techniques, including any seasonal, meteorological, or other environmental variabilities that may affect the accuracy; and
(4) Characteristics of the groundwater.
d. All actions required to complete the remedy have been satisfied.
6. Upon completion of the remedy, the owner or operator must notify the Director within fourteen (14) days that a certification that the remedy has been completed in compliance with the requirements of §2.3.28(A)(5) of this Part has been placed in the operating plan. The certification must be signed by the owner or operator and by a qualified groundwater scientist, or approved by the Director.
7. Upon certification by the landfill owner or operator that the remedy has been completed in compliance with §2.3.28(A)(5) of this Part and this certification is also signed by a qualified groundwater scientist or approved by the Director, then the Department shall release the landfill owner or operator from the requirements for financial assurance for corrective action (per §2.3.28(D) of this Part).
D. Financial Assurance for Corrective Action at an SWLF Unit
1. An owner or operator of an SWLF unit required to undertake a corrective action program, must have a detailed written estimate, in current dollars, of the cost of hiring a third (3rd) party to perform the corrective action. The corrective action cost estimate must account for the total cost of corrective action activities as described in the correction action remedy for the entire corrective action period. The owner or operator must notify the Director that this estimate has been placed in the landfill's operating record.
2. The owner or operator must annually adjust the corrective action cost estimate for inflation until the corrective action program is completed.
3. The owner or operator must increase the corrective action cost estimate and the amount of financial assurance provided, if changes in the corrective action program or landfill conditions increase the maximum costs of corrective action.
4. The owner or operator may reduce the amount of the corrective action cost estimate and the amount of financial assurance provided, if the cost estimate exceeds the maximum remaining costs of corrective action. The owner or operator must notify the Director that the justification for the reduction of the corrective action cost estimate and the amount of financial assurance has been placed in the landfill's operating record.
5. The landfill owner or operator, required to undertake a corrective action program, must establish financial assurance for the most recent corrective action program, in accordance with § 2.3.29 of this Part. The owner or operator must provide continuous corrective action assurance until released from financial assurance requirements by demonstrating compliance with and completion of corrective action remedies.
2.3.29Allowable Mechanisms for SWLF Units to Demonstrate Financial Assurance
A. The mechanisms to demonstrate financial assurance must ensure that the funds necessary to meet the costs of closure, post-closure care, and corrective action for known releases, will be available whenever needed. SWLF unit private and local government owners and operators must choose from the options below and demonstrate compliance with one (1) or more of these allowed mechanisms by April 9, 1997:
1. Trust Fund
a. A landfill owner or operator can establish a trust fund which conforms to the requirements § 2.3.29(A)(1)(a) of this Part. The trustee must be an entity which has the authority to act as a trustee and whose trust operations are regulated and examined by a Federal or State agency. A copy of the trust agreement must be placed in the landfill's operating record.
b. Relative to trust funds for closure or post-closure care, payments into the trust fund must be made annually by the landfill owner or operator over the term of the initial license or over the remaining life of the landfill, whichever is shorter. Relative to a trust fund for corrective action, payments into the trust fund must be made over one half (1/2) of the estimated length of the corrective action program. This payment period is referred to as the pay-in period.
c. For a trust fund used to demonstrate financial assurance for closure or post-closure care, the first (1st) payment into the fund must be at least equal to the current cost estimate for closure or post-closure care except as provided in § 2.3.29(A)(10) of this Part, divided by the number of years in the pay-in period. The amount of subsequent payments must be determined by the following formula:
(1) Next Payment = (CE - CV)/Y where:
(AA) CE = Current cost estimate for closure or post-closure care (updated for inflation or other changes)
(BB) CV = Current value of the trust fund
(CC) Y = Number of years remaining in the pay-in period
d. For a trust fund used to demonstrate financial assurance for corrective action, the first (1st) payment into the fund must be at least equal to one half (1/2) of the current cost estimate for corrective action, except as provided in §2.3.29(A)(10) of this Part, divided by the number of years in the corrective action pay-in period. The amount of subsequent payments must be determined by the following formula:
(1) Next Payment = (RB - CV)/Y where:

RB = most recent estimate of the required trust fund balance for corrective action (i.e. the total costs that will be incurred during the second (2nd) half of the corrective action period) and CV, Y are defined above.

e. Relative to trust funds for closure or post-closure care, the initial payment into the fund must be made before the initial receipt of waste or by April 9, 1994, whichever is later. Relative to a trust fund for corrective action, the initial payment must be made no later than one hundred twenty (120) days after selection of the corrective action remedy.
f. If the landfill owner or operator establishes a trust fund after using one (1) or more alternate allowable mechanisms to demonstrate financial assurance, then the initial payment into the trust fund must be at least the amount the fund would contain if the trust fund had been established initially and annual payments made according to §§2.3.29(A)(1)(c) and (d) of this Part.
g. The landfill owner or operator, or other person, business, or organization authorized to conduct closure, post-closure care, or corrective action activities may request reimbursement from the trustee for these expenditures. Requests for reimbursement will be granted by the trustee only if sufficient funds remain in the trust fund to cover the remaining costs of closure, post-closure care, or corrective action and if justification and documentation of the cost is placed in the landfill's operating record. The owner or operator must notify the Director that documentation of the justification for reimbursement has been placed in the operating record and that reimbursement has been received.
h. The trust fund may be terminated by the landfill owner or operator only if he substitutes alternate acceptable financial assurance or if he is no longer required to demonstrate financial assurance.
2. Surety Bond Guaranteeing Payment or Performance
a. A landfill owner or operator may demonstrate financial assurance for closure or post-closure care by obtaining a payment or performance surety bond. An owner or operator may demonstrate financial assurance for corrective action by obtaining a performance bond. The bond must be effective before the initial receipt of waste or by April 9, 1994, whichever is later, relative to closure or post-closure care, or not later than one hundred twenty (120) days after the corrective action remedy has been selected. The owner or operator must notify the Director that a copy of the bond has been placed in the landfill's operating record. The surety company issuing the bond must, at a minimum, be among those listed as acceptable sureties on Federal bonds in Circular 570 of the U.S. Department of Treasury.
b. The penal sum of the bond must be in an amount at least equal to the current cost estimate for closure, post-closure or corrective action, whichever is applicable, except as provided in §2.3.29(A) (11) of this Part.
c. Under terms of the bond, the surety will become liable on the bond obligation when the owner or operator fails to perform as guaranteed by the bond.
d. The owner or operator must establish a standby trust fund, which meets the requirements of §2.3.29(A)(1) of this Part, except the requirements for initial payment and subsequent annual payments in §§2.3.29(A)(1)(b) through (e) of this Part.
e. Payments made under terms of the bond will be deposited by the surety directly into the standby trust fund. Payments from the trust fund must be approved by the trustee.
f. Under terms of the bond, the surety may cancel the bond by sending notice of cancellation by certified mail to the landfill owner and operator and to the Director at least one hundred twenty (120) days in advance of cancellation. If the surety cancels the bond, the landfill owner or operator must obtain alternate acceptable financial assurance.
g. The landfill owner or operator may cancel the bond only if alternate acceptable financial assurance is substituted or if the owner or operator is no longer required to demonstrate financial assurance.
3. Letter of Credit
a. A landfill owner or operator may obtain an irrevocable standby letter of credit. It must be effective before the initial receipt of waste or by April 9, 1994, whichever is later, relative to closure or post-closure care, or no later than one hundred twenty (120) days after the corrective action remedy has been selected. The owner or operator must notify the Director that a copy of the letter of credit has been placed in the landfill's operating record. The issuing institution must be an entity which has the authority to issue letters of credit and whose letter of credit operations are regulated and examined by a Federal or State agency.
b. A letter from the owner or operator referring to the letter of credit by number, issuing institution, and date and providing the name and address of the facility and amount of funds assured, must be included with the letter of credit in the landfill operating record.
c. The letter of credit must be irrevocable and issued for a period of at least one (1) year in an amount at least equal to the current cost estimate for closure, post-closure, or corrective action, whichever is applicable, except as provided in §2.3.29(A)(1) of this Part. The letter of credit must provide for an automatic extension of the expiration date for at least one (1) year, unless the issuing institution has canceled the letter of credit by sending a notice of cancellation by certified mail to the landfill owner and operator and to the Director at least one hundred twenty (120) days in advance of cancellation. If the letter of credit is canceled by the issuing institution, the landfill owner or operator must obtain alternate acceptable financial assurance.
d. The landfill owner or operator may cancel the letter of credit only if alternate acceptable financial assurance is substituted or if the owner or operator is no longer required to demonstrate financial assurance.
4. Insurance
a. The landfill owner or operator may demonstrate financial assurance for closure and post-closure care by obtaining insurance which is effective before the initial receipt of waste or by April 9, 1994, whichever is later. At a minimum, the insurer must be licensed to transact the business of insurance or must be eligible to provide insurance as an excess or surplus lines insurer, in one (1) or more States. The owner or operator must notify the Director that a copy of the insurance policy has been placed in the landfill operating record.
b. The closure or post-closure care insurance policy must guarantee that funds will be available to close the landfill whenever final closure occurs or to provide post-closure care for the landfill whenever the post-closure care period begins, whichever applies. The policy must also guarantee that once closure or post-closure care begins, the insurer will be responsible for the paying out of funds to the landfill owner or operator or other person, organization or business authorized to conduct closure or post-closure care, up to an amount equal to the face amount of the policy.
c. The insurance policy must be issued for a face amount at least equal to the current cost estimate for closure or post-closure care, whichever is applicable, except as provided in §2.3.29(A)(1) of this Part. The term, "face amount" means the total amount the insurer is obligated to pay under the policy. Actual payments by the insurer will not change the face amount, although the insurer's future liability will be lowered by the amount of payments.
d. The landfill owner or operator or other person authorized to conduct closure or post-closure care, may receive reimbursements for closure or post-closure expenditures, whichever applies. Requests for reimbursement will be granted by the insurer only if the remaining value of the policy is sufficient to cover the remaining costs of closure or post-closure care, and if justification and documentation of the cost is placed in the landfill's operating record. The owner or operator must notify the Director that the documentation of the justification for reimbursement has been placed in the landfill's operating record and that reimbursement has been received.
e. Each insurance policy must contain a provision allowing assignment of the policy to a successor landfill owner or operator. Such assignment may be conditional upon consent of the insurer, provided that such content is not unreasonable refused.
f. The insurance policy must provide that the insurer will not cancel, terminate, or fail to renew the policy except for failure to pay the premium. The automatic renewal of the policy must, at minimum, provide the insured with the option of renewal at the face amount of the expiring policy. If there is a failure to pay the premium, then the insurer may cancel the policy by sending notice of cancellation by certified mail to the landfill owner and operator and to the Director at least one hundred twenty (120) days in advance of cancellation. If the insurer cancels the policy, then the landfill owner or operator must obtain alternate acceptable financial assurance.
g. For insurance policies providing coverage for post-closure care, commencing on the date that liability to make payments pursuant to the policy accrues, the insurer will thereafter annually increase the face amount of the policy. Such increase must be equivalent to the face amount of the policy, less any payments made, multiplied by an amount equivalent to eighty-five percent (85%) of the most recent investment rate or of the equivalent coupon issue yield announced by the U.S. Department of the Treasury for twenty-six (26) week treasury securities.
h. The landfill owner or operator may cancel the insurance policy only if alternate acceptable financial assurance is substituted or if the owner or operator is no longer required to demonstrate financial assurance.
5. Local Government Financial Test - A local government owner or operator that satisfies the requirements of §§2.3.29(A)(6)(a) through (c) of this Part may demonstrate financial assurance up to the amount specified in §2.3.29(A)(6)(d) of this Part.
a. Financial Component
(1) The owner or operator must satisfy either §§2.3.29(A)(6)(a) ((1)) or ((2)) of this Part.
(AA) If the owner or operator has outstanding general obligation bonds, it must have a current Moody's rating of Aaa, Aa, A, or Baa or a current Standard and Poor's rating of AAA, AA, A, or BBB, on all outstanding general obligation bonds.
(BB) If the owner does not have outstanding general obligation bonds, it must satisfy each of the following financial ratios: A ratio of cash plus marketable securities to total expenditures greater than or equal to 0.05; and a ratio of annual debt service to total expenditures less than an equal to 0.20; and a ratio of long-term debt issued and outstanding to capital expenditures less than or equal to 2.00.
(2) The owner or operator must prepare its financial statements in conformity with General Accepted Accounting Principles for governments.
(3) An owner or operator is not eligible to assure its obligations under this §2.3.29(A)(6) of this Part if any of the following apply to the owner or operator: Is currently in default on any outstanding general obligation bonds; or has one (1) or more outstanding general obligation bonds with a Moody's rating lower than Baa or with a Standard and Poor's rating lower than BBB; or Operated at a deficit equal to five percent (5%) or more of total annual revenue in either of the past two (2) fiscal years; or receives an adverse opinion, disclaimer of opinion, or other qualified opinion from the independent Certified Public Accountant (or appropriate State agency) auditing its financial statement as required under §2.3.29(F) (1)(b) of this Part. However, the Director may evaluate qualified opinions on a case-by-case basis and allow use of the financial test in cases where the Director deems the qualification insufficient to warrant disallowance of the test.
b. Public Notice Component - The local government owner or operator must place a reference to the closure, post-closure care, or corrective action costs assured through the financial test into its most recent comprehensive annual financial report or budget. Relative to closure and post-closure care, this reference must be included by April 9, 1997 or prior to the initial receipt of waste at the facility, whichever is later. Relative to corrective action, this reference must be included not later than one hundred twenty (120) days after an acceptable corrective action remedy has been selected. The reference must include the amount of each cost estimate and the year(s) in which the local government expects these costs to be incurred. References in the budget must occur as budgeted line items if the activities are to occur in the period covered by the budget, but may appear in a supplemental data section if the activities will not occur until after the period covered by the budget.
c. Recordkeeping and Reporting Requirements
(1) The local government owner or operator must place the following items in the facility's operating record:
(AA) A letter signed by the local government's Chief Financial Officer that: Lists all the current cost estimates covered by a financial test, as described in §2.3.29(A)(6)(b) of this Part; provides evidence and certifies that the local government meets the conditions of either §§2.3.29(A)(6)(a) ((1)) or ((2)) of this Part, and certifies that the local government meets the conditions of §2.3.29(A)(6)(d) of this Part.
(BB) The local government's independently audited year-end financial statements for the latest fiscal year, including the unqualified opinion of the auditor who must be an independent, Certified Public Accountant or an appropriate state agency that conducts equivalent comprehensive audits; and
(CC) A report to the local government from the local government's independent Certified Public Accountant or the appropriate State agency stating that:
(i) The Certified Public Accountant or State agency has compared the data in the Chief Financial Officer's independently audited, year-end financial statements for the latest fiscal year, and
(ii) In connection with that examination, no matters came to his attention which caused him to believe that the data in the Chief Financial Officer's letter should be adjusted.
(2) The items required §2.3.29(F)(3)(a) of this Part must be placed in the facility operating record as follows:
(AA) Relative to closure and post-closure care, before April 9, 1997 or prior to the initial receipt of waste at the facility, whichever is later; or
(BB) Relative to corrective action, not later than one hundred twenty (120) days after an acceptable corrective action remedy is selected.
(3) After placement of §2.3.29(F)(3)(a) of this Part items in the facility's operating record, the local government owner or operator must at least annually update this information and place the updated information in the facility's operating record within ninety (90) days following the end of the owner or operator's fiscal year.
(4) The local government owner or operator is no longer required to meet the requirements of §2.3.29(F)(3)(e) of this Part when either:
(AA) The owner or operator substitutes alternate financial assurance as specified in §2.3.29(F)(3)(e) of this Part; or
(BB) The owner or operator is released from the requirements of this section in accordance with §§ 2.1.9 and 2.3.28 of this Part.
(5) A local government must satisfy the requirements of the financial test at the close of each fiscal year. If the local government owner or operator no longer meets the requirements of the local government financial test, it must, within one hundred twenty (120) days following the end of the owner or operator's fiscal year, obtain alternative financial assurance that meets the requirements of this section, place the required submissions for assurance in the facility operating record, and notify the Director that the owner or operator no longer meets the criteria of the financial test and that alternate financial assurance has been obtained.
(6) The Director, based on a reasonable belief that the local government owner or operator no longer meets the requirements of the local government financial test, may at any time require additional reports of financial condition from the local government. If the Director finds, on the basis of such reports or other information, that the owner or operator no longer meets the requirements of the local government financial test, then the local government must provide alternate financial assurance in accordance with §2.3.29(A) (6)(c) ((5)) of this Part.
d. Calculation of Costs to be Assured - The portion of the closure, post-closure, and corrective action costs for which an owner or operator can assure under §2.3.29(F)(4) of this Part is determined as follows:
(1) If the local government owner or operator does not assure other environmental obligations through a financial test, it may assure closure, post-closure, and corrective action costs that equal up to forty-three percent (43%) of the local government's total annual revenue.
(2) If the local government assures other environmental obligations through a financial test, including those associated with UIC facilities under 40 C.F.R. § 144.62 (2017), incorporated in § 1.3(A) of this Subchapter, petroleum underground storage tank facilities under 40 C.F.R. Part 280 (2017), incorporated in § 1.3(A) of this Subchapter, PCB storage facilities under 40 C.F.R. Part 761 (2017), incorporated in § 1.3(A) of this Subchapter, and hazardous waste treatment, storage, and disposal facilities under 40 C.F.R. Parts 264 and 265 (2017), incorporated in § 1.3(A) of this Subchapter, it must add those costs to the closure, post-closure and corrective action costs it seeks to assure under §2.3.29(A)(6)(d) of this Part. The total must not exceed forty-three percent (43%) of the local government's total annual revenue.
(3) The owner or operator must obtain an alternate financial assurance instrument for those costs that exceed the limits set in §§2.3.29(A)(6)(d) ((1)) and ((2)) of this Part.
6. Local Government Guarantee - An owner or operator may demonstrate financial assurance for closure, post-closure, and corrective action, as required by §§ 2.1.9 and 2.3.28 of this Part, by obtaining a written guarantee provided by a local government. The guarantor must meet the requirements of the local government financial test in §2.3.29(A)(6) of this Part, and must comply with the terms of a written guarantee.
a. Terms of the Written Guarantee - Relative to closure and post-closure care, the guarantee must be effective before April 9, 1997 or before the initial receipt of waste, whichever is later. Relative to corrective action, the guarantee must be no later than one hundred twenty (120) days after an acceptable corrective action remedy has been selected. The guarantee must provide that:
(1) If the owner or operator fails to perform closure, post-closure care, and/or corrective action of a facility covered by the guarantee, the guarantor will either: Perform, or pay a third (3rd) party to perform, closure, post-closure care, and/or corrective action as required; or establish a fully funded trust fund, as specified in §2.3.29(A)(1) of this Part, in the name of the owner or operator.
(2) The guarantee will remain in force unless the guarantor sends notice of cancellation by certified mail to the owner or operator and to the Director. Cancellation may not occur, however, during the one hundred twenty (120) days beginning on the date of receipt of the notice of cancellation by both the owner or operator and the Director, as evidenced by the return receipts.
(3) If a guarantee is canceled, the owner or operator must, within ninety (90) days following receipt of the cancellation notice by the owner or operator and the Director, obtain alternate financial assurance, place evidence of that alternate financial assurance in the facility operating record, and notify the Director. If the owner or operator fails to provide alternate financial assurance within the ninety (90) day period, the guarantor must provide that alternate assurance within one hundred twenty (120) days following the close of the guarantor's fiscal year, obtain alternative assurance, place evidence of the alternate assurance in the facility operating record, and notify the Director.
b. Recordkeeping and Reporting
(1) Relative to closure and post-closure care, the owner or operator must place a certified copy of the guarantee, along with the items required within §2.3.29(A)(6)(c) of this Part, into the facility's operating record before April 9, 1997 or before the initial receipt of waste, whichever is later. Relative to corrective action, this certified copy and items must be placed into the facility's operating record no later than one hundred twenty (120) days after an acceptable corrective action remedy has been selected.
(2) The owner or operator is no longer required to maintain the items specified in §2.3.29(A)(8)(a) of this Part of this section when either: The owner or operator substitutes alternate financial assurance as specified in this section; or the owner or operator is released from the requirements of this section in accordance with §§ 2.1.9 and 2.3.28 of this Part.
(3) If a local government guarantor no longer meets the requirements of §2.3.29(A)(6)(a) of this Part, the owner or operator must, within ninety (90) days following the end of the guarantor's fiscal year, obtain alternative assurance, place evidence of the alternate assurance in the facility's operating record, and notify the Director. If the owner or operator fails to provide alternate financial assurance within the ninety (90) day period, the guarantor must provide that alternate assurance within one hundred twenty (120) days.
7. State-Approved Mechanism - An owner or operator may satisfy the requirements of this section by obtaining any other mechanism that meets the criteria specified in §2.3.29 of this Part and that is approved by the Director.
8. State Assumption of Responsibility - If the Director either assumes legal responsibility for an owner or operator's compliance with closure, post-closure care and/or corrective action requirements or assures that funds will be available from State sources to cover these requirements, then the owner or operator will be in compliance with the requirements of this section. Any assumption of this responsibility, by the Director, must meet the criteria specified in §2.3.29 of this Part. The owner or operator will not be relieved of this responsibility, except if the Director assumes the responsibility and declares such responsibility, in writing, to the owner or operator or their representative or successor.
9. Use of Multiple Mechanisms - An owner or operator may demonstrate financial assurance for closure, post-closure, and corrective action, as required by §§2.1.9 and 2.3.28 of this Part, by establishing more than one (1) financial mechanism per facility, except that mechanisms guaranteeing performance, rather than payment, may not be combined with other instruments. The mechanisms must be as specified in §§2.3.29(A)(1) through (8) of this Part, except that financial assurance for an amount at least equal to the current cost estimate for closure, post-closure care, and/or corrective action may be provided by a combination of mechanism, rather than a single mechanism.
10. Other Requirements of the Financial Mechanisms
a. The financial assurance mechanisms must ensure that the amount of funds assured is sufficient to cover the cost of closure, post-closure care, and corrective action for known releases when needed and will be available in a timely fashion when needed.
b. The financial assurance mechanisms must be obtained by the owner or operator by the effective date of thssese requirements or prior to the initial receipt of solid waste, whichever is later, in the case of closure and post-closure care, and no later than one hundred twenty (120) days after the corrective action remedy has been properly selected, until the Director releases the owner or operator from financial assurance requirements, per §§2.1.9 and 2.3.28 of this Part.
c. The financial assurance mechanisms must be legally valid, binding, and enforceable under State and Federal Law.

250 R.I. Code R. 250-RICR-140-05-2.3

Amended effective 1/3/2021