03-08-92
March 8, 1992
CAMPO BAND OF MISSION INDIANS
CODE OF TRIBAL REGULATIONS
CAMPO ENVIRONMENTAL PROTECTION AGENCY REGULATIONS
TITLE V
SOLID WASTE MANAGEMENT
PART 500
Definitions; Authority; Purpose and Intent
Section 500.01. Definitions
Section 500.02. Authority
Section 500.03. Compliance with Laws and Regulations
Section 500.04. Purpose
Section 500.05. Intent
Section 500.06. Certification
Section 500.07. Severability
Section 500.08. Effective Date
PART 505
Solid Waste Facility Classification, Siting, and Permits
Subpart A. Applicability and Exemptions
Section 505.01. Applicability
(a) General
(b) Alternatives To Requirements of Regulations
(c) Permit Conditions
Section 505.02 Exemptions
Subpart B. Solid Waste Classification
505.10 Classification Criteria
(a) General
(b) Special Solid Waste
(c) Operator Responsibility
(d) Management of Liquids
Section 505.11 Hazardous Material
Section 505.12 Designated Waste
Section 505.13 Solid Waste
Subpart C. Waste Facility Classification and Siting
Section 505.20. Classification and Siting Criteria
Section 505.21. Class I: Facilities for Hazardous Material
Section 505.22. Class II: Facilities for Designated Waste
(a) General
(b) Geologic Setting
(c) Flooding
(d) Ground Rupture
(e) Rapid Geologic Change
(f) Wetlands
(g) Seismic Impact Zones
Section 505.23 Class III: Solid Waste Facilities
(a) General
(b) Geologic Setting
(c) Flooding
(d) Ground Rupture
(e) Rapid Geologic Change
(f) Wetlands
(g) Seismic Impact Zones
Subpart D. Permit Applications, Reporting Requirements,
and Closure and Post-Closure Maintenance Plan Applications
Section 505.30. Permits Required
Section 505.31. Permit Application and Reporting Requirements for
Recycling Facilities
Section 505.32. Permit Application and Reporting Requirements for
Disposal Facilities
(a) General
(1) Permit Application
(2) Changes in Information (Operations)
(b) Reporting Requirements
(1) Quarterly Reports
(2) Annual Report
(3) Change in Responsibility
(4) Slope Failure
(5) Detection of Liquid
(6) Closure of Facility
(7) Post-Closure Maintenance
(c) Certification
(d) Solid Waste Characteristics
(e) Disposal Facility Characteristics
(1) General
(2) Physical Characteristics
(A) Topographical Information
(B) Climatological Information
(C) Geological Information
(D) Hydrological Information
(E) Land And Water Use Information
(F) Location Information
(f) Design Report and Operations Plan
(1) Design Report
(2) Operations Plan
(g) Closure and Post-Closure Maintenance Plan
Section 505.33. Permit Application and Reporting Requirements for
Composting Facilities
[RESERVED]
Section 505.34. Application and Approval of Closure and Post-closure
Maintenance Plans
(a) Scope and Applicability
(b) Submission of Closure and Post-closure
Maintenance Plans
(c) Preliminary Closure Plan
(1) Purposes of the Preliminary Closure Plan
(2) Contents of the Preliminary Closure Plan
(d) Final Closure Plan
(1) Purposes of the Final Closure Plan
(2) Contents of the Final Closure Plan
(e) Closure Cost Estimates
(f) Preliminary Post-closure Maintenance Plan
(1) Purposes of the Preliminary Post-closure
Maintenance Plan
(2) Contents of the Preliminary Post-closure
Maintenance Plan
(g) Final Post-closure Maintenance Plan
(1) Purposes of the Final Post-closure
Maintenance Plan
(2) Contents of the Final Post-closure
Maintenance Plan
(h) Post-closure Maintenance Cost Estimates
(i) Applications for Review of Closure and
Post-closure Maintenance Plans
(1) Contents of Application
(2) Filing of Application
(3) Public Notice
(4) Evaluation by CEPA
(5) Approval of Plans
(A) Preliminary Plans
(B) Final Plans
(j) Amendment of Closure and Post-closure
Maintenance Plans
(k) Certification of Closure
(l) Revision of Plans During Closure and
Post-closure Maintenance
(m) Release from Post-closure Maintenance
Section 505.35. Amendments to Permit Application
Section 505.36. Solid Waste Facility Permit Application Review
(a) Filing of Application and Transmittal of Copies
(b) Public Notice and Comment
(c) Proposed Permit; CEPA Review
(d) Issuance of Permit; Final Environmental
Determination
(e) Denial of Permit
Section 505.37. Application for Revision of Permit
Section 505.38. Reinstatement of Suspended and Revoked Permit
Section 505.39. Review of Permits
PART 510
Solid Waste Storage and Removal Standards
Subpart A. General
Section 510.01. Applicability of Standards
Section 510.02. Compliance with Plan
Section 510.03. Prohibition on Hazardous Waste
Subpart B. Design and Operations Standards
Section 510.10. General
Section 510.11. Storage
Section 510.12. Design Requirements
Section 510.13. Collection Operator Responsibility
Section 510.14. Garbage Containers
Section 510.15. Identification of Containers
Section 510.16. Use of Container
Subpart C. Solid Waste Removal
Section 510.20. Frequency of Refuse Removal
Section 510.21. Regulation of Operators
Section 510.22. Operation Qualification
Section 510.23. Ownership of Waste Materials
Subpart D. Equipment
Section 510.30. Equipment Construction
Section 510.31. Equipment Safety
Section 510.32. Equipment Parking
Section 510.33. Identification of Operator
Section 510.34. Inspections by CEPA
PART 515
Financial Responsibility for Operating Liability Claims
Section 515.01. Scope and Applicability
Section 515.02. Amount of Required Coverage
Section 515.03. Acceptable Mechanisms and Combinations of Mechanisms
Section 515.04. Trust Fund
Section 515.05. Insurance
Section 515.06. Financial Means Test
Section 515.07. Corporate Guarantee
Section 515.08. Substitution of Mechanisms by Operator
Section 515.09. Cancellation or Nonrenewal by a Provider of Financial
Assurance
Section 515.10. Bankruptcy or Other Incapacity of Operator or Provider
of Financial Assurance
Section 515.11. Recordkeeping and Reporting
Section 515.12. Release of an Operator from the Requirements
PART 520
Recycling Facility Standards
Subpart A. General
Section 520.01. Applicability of Standards
Section 520.02. Compliance with Plan
Section 520.03. Prohibition on Hazardous Material
Subpart B. Design and Operating Standards
Section 520.11. Design
(a) Design Responsibility
(b) General Design
(c) Public Health Design
Section 520.12. Records
(a) Volume Records
(b) Special Occurrences
(c) Inspection of Records
Section 520.13. Personnel
(a) Availability
(b) Training
(c) Supervision
(d) Attendant
Section 520.14. Improvements
(a) Identification Signs
(b) Entry Signs
(c) Security
(d) Office Space for CEPA
(e) Roads
(f) Visual Screening
(g) Storage Containers and Equipment
Section 520.15. Health and Safety
(a) Sanitary Facilities, Water Supply, and
Communications Facilities
(b) Lighting
(c) Fire Fighting Equipment
(d) Protection of Users
(e) Personnel Health and Safety Equipment
Section 520.16. Operations
(a) Confined Unloading
(b) Cleaning
(c) Solid Waste Removal
(d) Parking
(e) Scavenging
(f) Volume Reduction
(g) Storage
(h) Limitations
(i) Burning Waste
(j) Liquid Waste
Section 520.17. Controls
(a) Nuisance Control
(b) Dust Control
(c) Vector and Bird Control
(d) Drainage Control
(e) Litter Control
(f) Noise Control
(g) Odor Control
(h) Fire Control
(i) Traffic Control
Section 520.18. Equipment
(a) General
(b) Standby Equipment
(c) Transfer Vehicles
(d) Inspection of Equipment
Section 520.19. Maintenance
Section 520.20. Closure of Recycling Facilities
PART 530
Disposal Facility Standards
Subpart A. General
Section 530.01. Applicability of Standards
Section 530.02. Compliance with Plan
Section 530.03. Prohibition on Hazardous Material
Subpart B. Design and Operating Standards.
Section 530.11. Design
(a) Design Responsibility
(b) General Design
(c) Public Health Design
(d) Ultimate Use of Site
Section 530.12. Records
(a) Maintenance of Records
(b) Weight and Volume Records
(c) Subsurface Records
(d) Special Occurrences
(e) Other Required Records
(f) Inspection of Records
Section 530.13. Personnel
(a) Availability
(b) Training
(c) Supervision
(d) Attendant
Section 530.14. Improvements
(a) Identification Signs
(b) Entry Signs
(c) Security
(d) Office Space for CEPA
(e) Roads
Section 530.15. Health and Safety
(a) Sanitary Facilities and Water Supply
(b) Communications Facilities
(c) Lighting
(d) Fire Fighting Equipment
(e) Personnel Health and Safety
Section 530.16. Operations
(a) Confined Unloading
(b) Spreading and Compacting
(c) Slopes and Cuts
(d) Final Site Face
(e) Stockpiling
(f) Cover
(1) Daily Cover
(2) Intermediate Cover
(3) Final Cover
(g) Scavenging
(h) Salvaging
(i) Volume Reduction and Energy Recovery
(j) Processing Area
(k) Liquid Waste
(l) Dead Animals
Section 530.17. Controls
(a) Nuisance Control
(b) Animal Feeding
(c) Fire Control
(d) Dust Control
(e) Vector and Bird Control
(f) Drainage and Erosion Control
(g) Contact with Water
(h) Grading of Fill Surfaces
(i) Litter Control
(j) Noise Control
(k) Odor Control
(l) Ponded Liquid
(m) Explosive Gas Control
(n) Access Control
(o) Leachate Control
Section 530.18. Equipment
(a) General
(b) Standby Equipment
Section 530.19. Maintenance
(a) Applicability
(b) General
(c) Inspection Upon Completion
(d) Recording
Section 530.20. Periodic Site Review
Subpart C. Construction Standards
Section 530.31. General Construction Criteria
Section 530.32. Containment Structures
(a) Design
(b) Construction Material
(c) Permeability
Section 530.33. Liners
(a) Clay Liners
(b) Synthetic Liners
(c) Installation
(d) Class III Disposal Facilities
(e) Class II Disposal Facilities
(f) Surface Impoundments
Section 530.34. Leachate Collection and Removal Systems
(a) System Required; Exemption
(b) Installation; Design and Operation
(c) Testing
Section 530.35. Subsurface Barriers
(a) General
(b) Cutoff Walls
(c) Grout Curtains
Section 530.36. Precipitation and Drainage Controls
(a) Design and Construction
(b) Operation
(c) Leachate Collection and Removal System
(d) Outside Drainage
(e) Runoff
Section 530.37. Seismic Design
Section 530.38. Surface Impoundments
(a) Design and Construction
(b) Operation
(c) Inspection
Subpart D. Water Quality Protection
Section 530.40. Applicability
Section 530.41. Assurance of Financial Responsibility
Section 530.42. Required Programs
Section 530.43. Water Quality Protection Standards
Section 530.44. Concentration Limits
Section 530.45. Monitoring Points, Points of Compliance, and the
Compliance Period
Section 530.46. General Water Quality Monitoring and System
Requirements
(a) General
(b) Ground Water Monitoring System
(c) Surface Water Monitoring System
(d) Unsaturated Zone Monitoring System
(e) General Monitoring Requirements
Section 530.47. Detection Monitoring Program
Section 530.48. Evaluation Monitoring Program
Section 530.49. Corrective Action Program
Section 530.50. Leachate Monitoring and Control
(a) General
(b) Monitoring
(c) Reporting
(d) Leachate Control
(1) General
(2) Leachate Treatment and Disposal
(A) Treatment
(B) Disposal
Subpart E. Control of Air Emissions
Section 530.51. Applicability
Section 530.52. Standards
Section 530.53. Compliance Testing; Recordkeeping
Section 530.54. Reports
Section 530.55. Schedules for Permit Applications and Remedial Actions
Subpart F. Control of Explosive Gas
Section 530.61. Applicability
Section 530.62. General Gas Monitoring and Control Requirements
Section 530.63. Gas Monitoring
(a) General
(b) Perimeter Monitoring Network
(1) Location
(2) Spacing
(3) Depth
(4) Monitoring Well Construction
(c) Structure Monitoring
(d) Monitored Parameters
(e) Monitoring Frequency
(f) Reporting
Section 530.64. Gas Control
Subpart G. Closure Requirements
Section 530.71. General Closure Requirements
Section 530.72. Landfill Closure Requirements
(a) Final Cover Requirements
(b) Grading Requirements
(c) Post-closure Requirements
Section 530.73. Surface Impoundment Closure Requirements
Section 530.74. Waste Pile Closure Requirements
Section 530.75. Time Frames for Closure.
Section 530.76. Partial closure
Section 530.77. Closure of Treatment Units
Section 530.78. Emergency Response Plan
Section 530.79. Security at Closed Sites
Section 530.80. Inspection Upon Completion
Section 530.81. Structure Maintenance and Removal
Section 530.82. Decommissioning of Environmental Control Systems
Section 530.83. Final Cover
Section 530.84. Final Grading
Section 530.85. Final Site Face
Section 530.86. Final Drainage
Section 530.87. Slope Protection and Erosion Control
Section 530.88. Recording
Section 530.89. Post-closure Maintenance
Section 530.90. Post-closure Land Use
Subpart H. Financial Responsibility for Closure
and Post-closure Maintenance and
Corrective Action Programs
Section 530.91. Scope and Applicability
Section 530.92. Amount of Required Coverage
Section 530.93. Cost Estimates for Corrective Actions
Section 530.94. Acceptable Mechanisms and Combinations of Mechanisms
(a) General
(b) Limitations
(c) Trust Fund
(d) Letter of Credit
(e) Surety Bond
(f) Financial Means Test
(g) Guarantee
Section 530.95. Substitution of Mechanisms by Operator
Section 530.96. Cancellation or Nonrenewal by a Provider of Financial
Assurance
Section 530.97. Bankruptcy or Other Incapacity of Operator or Provider
of Financial Assurance
Section 530.98. Depository Trust Fund
Section 530.99. Recordkeeping and Reporting
Section 530.100. Release of an Operator from the Requirements
PART 540
Composting Facility Standards
[RESERVED]
PART 580
Litter Receptacle Standards
Section 580.01. Purpose
Section 580.02. Responsibility
Section 580.03. Placement of Receptacles
Section 580.04. Receptacle Design
Section 580.05. Receptacle Maintenance
Section 580.06. Special Design and Maintenance Limitations
Section 580.07. Receptacle Marking
Section 580.08. Prohibited Acts
Section 580.09. Penalties
Section 580.10. Compliance
PART 590
Inspections and Enforcement
Subpart A. Inspections and Records
Section 590.01. Inspections by Operator
Section 590.02. Inspections by CEPA
(a) Scheduled Inspections
(b) Unscheduled Inspections
(c) Investigation of Complaints
(d) Access for CEPA Inspectors
Section 590.03. CEPA Records
Subpart B. Enforcement and Remedial Actions
Section 590.10. Enforcement Actions
(a) Notice to Chairman of General Council
(b) Actions on Complaints
Section 590.11. Cease and Desist Orders
Section 590.12. Remedial Actions
(a) Remedial Actions by Operator
(b) Imminent Threats
(c) Remedial Actions by CEPA
(d) Contracts
Section 590.13. Liability of Operators and Other Persons
Section 590.14. Compliance Schedule
Section 590.15. Revocation, Suspension, or Modification of Permit
(a) Ground for Suspension, Revocation, or
Modification
(b) Procedures
Section 590.16. Civil Sanctions
(a) Civil Sanctions for Violations
(b) Other Sanctions
(c) Disposition of Civil Penalty Funds
(d) Sanctions in Addition to Others
(e) Injunctive Relief
March 8, 1992
PART 500
Definitions; Authority; Purpose and Intent
Section 500.01. Definitions. Unless the context requires another
construction, the definitions set forth in this Section shall govern
the construction of these Regulations, provided that, if a definition
herein is inconsistent with a definition in the Solid Waste Code, the
definition in the Solid Waste Code shall control.
Abandoned Vehicles. "Abandoned vehicles" means
vehicles, with or without motor power, including but not limited to
cars, trucks, trailers, mobile homes, and buses, left on public or
private property for an extended period of time, whether or not in an
inoperable or dangerous condition.
Accidental Occurrence. "Accidental Occurrence"
means an event which occurs during the operation of a solid waste
disposal facility prior to closure, that results in personal injury
and/or property damage, and includes continuous or repeated exposure
to conditions, neither expected nor intended from the standpoint of the
facility operator.
Active Face. "Active face" means the working surface
of a sanitary landfill upon which solid waste is deposited prior to the
placement of cover material.
Active Life. "Active life" means the period during
which solid waste is being handled, treated, composted, or disposed of
at a solid waste facility. For surface impoundments, active life
includes but is not limited to the time when the impoundment contains
liquid, including leachate or solid waste.
Admitted Carrier. "Admitted carrier" means an
insurance company entitled to transact the business of insurance in the
State of California, having complied with the laws imposing conditions
precedent to transactions of such business.
Affected Medium. "Affected medium" means any medium,
including but not limited to groundwater, surface water, and the
unsaturated zone, that has been affected by a release from a solid
waste facility.
Aquifer. "Aquifer" means a geologic formation, group
of formations, or part of a formation capable of yielding a substantial
amount of groundwater to wells or springs.
Assets. "Assets" means all existing and all probable
future economic benefits obtained or controlled by a particular entity
as a result of past transactions.
Attitude. "Attitude" means the orientation in
space of a geologic structural feature element.
Ashes. "Ashes" means the residue from the combustion
of any solid or liquid material.
Background. "Background" means the concentrations or
measures of constituents or parameters in air, soil, or water that
has not been affected by constituents or leachate from the solid waste
facility being monitored.
Background Monitoring Point. "Background monitoring
point" means a well, device, or location specified in the permit
conditions at which monitoring for background water quality or
background soil quality is conducted.
Background Plot. "Background plot" means an area
adjacent to a composting facility that can reasonably be expected to
have the same or similar soil conditions as were present at the
composting facility prior to discharges of solid waste.
Baling. "Baling" means the process of compressing
and binding solid waste.
Barrier Layer. "Barrier layer" means the low
permeability layer of the final cover specified in these Regulations or
an engineered alternative approved pursuant to these Regulations.
Bench. "Bench" means a terrace or comparatively
level platform breaking the continuity of a slope.
Best Available Control Technology. "Best available
control technology" ("BACT") means the maximum degree of air
contaminant emission reduction that CEPA determines is achievable and
economically viable under the existing circumstances, taking into
account technology that is demonstrated but not necessarily proven in
field application.
Best Management Practices. "Best management
practices" means a practice or combination of practices that is the
most effective and feasible means of controlling pollution.
BIA. "BIA" means United States of America,
Department of the Interior, Bureau of Indian Affairs.
Board. "Board" means the Board of Commissioners of
CEPA.
Bulky Waste. "Bulky waste" means large items of
solid waste, such as appliances, furniture, large auto parts, trees,
branches, stumps, and other oversize solid waste, the size of which
precludes or complicates their handling by normal collection,
processing, or disposal methods.
Campo Band. "Campo Band" means the Campo Band of
Mission
Indians, a federally recognized Indian tribal government.
Capillary Forces. "Capillary forces" means the
adhesive force between liquids and solids which, in the case of
groundwater, causes soil-pore liquid to move in response to differences
in matrix potential. The effect causes water to rise form a saturated
zone into the unsaturated zone, thereby creating a capillary fringe.
Cell. "Cell" means that portion of compacted solid
waste in a sanitary landfill that is enclosed by natural soil or cover
material during a designated period.
CEPA. "CEPA" means the Campo Environmental
Protection Agency.
Certified Engineering Geologist. "Certified
engineering geologist" means a registered geologist certified by the
State of California pursuant to Section 7842 of the Business and
Professions Code.
Closure. "Closure" means the termination of the
receiving, handling, recycling, treatment, composting, or disposal of
solid waste at a solid waste facility and operations necessary to
prepare the facility for post-closure maintenance. Closure may be
undertaken incrementally.
Coefficient of Variation. "Coefficient of variation"
means the standards deviation divided by the mean. It is a statistical
measure of the dispersion of individual samples relative to the mean
value of the samples.
Collection. "Collection" means the act of collecting
solid waste or hazardous waste at the place of generation by an
approved collection agent and does not mean "removal."
Collection Vehicle or Equipment. "Collection vehicle
or equipment" means any vehicle or equipment used in the collection of
residential refuse or commercial solid waste.
Combustible Solid Waste. "Combustible solid waste"
means any burnable solid waste.
Commercial Solid Waste. "Commercial solid waste"
means all types of solid waste generated by stores, offices, and other
commercial sources, excluding industrial solid waste and residential
solid waste.
Composting. "Composting" means the controlled
microbial degradation of organic solid waste yielding a safe and
nuisance-free product.
Concentration Limit. "Concentration limit" means the
value for a constituent specified in the water quality protection
standards, including but not limited to values for concentration,
temperature, pH, conductivity, and resistivity.
Condensate. "Condensate" means the liquid that
results from the condensation of gases generated at a solid waste
facility.
Constituent. "Constituent" means the erection or
building of new structures and the acquisition, replacement, expansion,
remodeling, alteration, modernization, or extension of existing
structures.
Construction and Demolition Waste. "Construction
and demolition waste" means the waste building materials, packaging,
and rubble resulting from construction, remodeling, repair, and
demolition operations on pavements, houses, commercial buildings, and
other structures.
Containment. "Containment" means the use of
containment features or installed systems and structures to prevent or
restrict the release of constituents or leachate.
Containment Feature. "Containment feature" means any
feature, whether natural or man-made, used to contain solid waste or
leachate.
Containment Structure. "Containment structure" means
a man-made feature installed to contain constituents, including but not
limited to leachate and decomposition gas, within the solid waste
holding area.
Contaminated Material. "Contaminated material" means
material that contains constituents or leachate.
Control Chart. "Control chart" means a graphical
method for evaluating whether a process is or is not in a state of
statistical control.
Corporate Guarantee. "Corporate guarantee" means a
contract meeting the requirements of these Regulations by which a
guarantor promises that, if an operator fails to pay a claim by a third
party for personal injury and/or property damage caused by an
accidental occurrence or intentional act, the guarantor shall pay the
claim on behalf of the operator.
Cover. "Cover" means a membrane or earthen layer
placed over a portion of a sanitary landfill.
Cover Material. "Cover Material" means soil or other
material suitable for use in covering compacted solid waste in a
sanitary landfill. A material is suitable for use as a cover material
if, when
properly used, it will prevent:
(1) the propagation, harborage, or
attraction of vectors;
(2) the progress of fires;
(3) the escape of odor;
(4) excess infiltration of surface water
runoff; and
(5) erosion.
Critical Slope. "Critical slope" means a potential
slip surface or slope on a disposal facility site that has the lowest
factor of safety.
Cross-Contamination. "Cross-contamination" means a
condition created when a drill hole, boring, or improperly-constructed
well forms a pathway for liquid movement between a saturated zone that
contains contaminated material and a formerly separated saturated zone
containing uncontaminated water.
Current Assets. "Current assets" means cash or other
assets or resources commonly identified as those that are reasonably
expected to be realized in cash or sold or consumed during the normal
operating cycle of the business.
Current Closure Cost Estimate. "Current closure cost
estimate" means the most recent of the closure cost estimates prepared
by the operator in accordance with these Regulations.
Current Liabilities. "Current liabilities" means
obligations the liquidation of which is reasonably expected to require
the use of existing resources properly classifiable as current assets
or the creation of other current liabilities.
Current Post-closure Cost Estimate. "Current
post-closure cost estimate" means the most recent of the post-closure
maintenance cost estimates prepared by the operator in accordance with
these Regulations.
Cutoff Wall. "Cutoff wall" means a subsurface
barrier to lateral liquid movement, which barrier extends from
in-place natural geologic material having the required permeability to
the ground surface.
Daily Cover. "Daily cover" means cover material
spread and compacted on the entire surface of the active face of a
sanitary landfill at the end of each operating day.
Day. "Day" means a calendar day unless otherwise
specified.
Decomposable Waste. "Decomposable waste" means solid
waste that, under suitable natural conditions, can be transformed
through biological and chemical processes into compounds that do not
impair the quality of soil, air, or water.
Decomposition Gas. "Decomposition gas" is any
untreated, raw gas derived through a natural process from the
decomposition of organic solid waste deposited in a disposal facility
or from the evolution of volatile species in the solid waste.
Decomposition Gas Control System. "Decomposition gas
control system" means any system, including but not limited to
maintenance practices, that is used to control decomposition gas
emissions.
Dendritic System. "Dendritic system" means a
subdrain system that is arranged in a branching pattern.
Designated Waste. "Designated waste" means solid
waste consisting of or containing material that, under ambient
conditions at a solid waste facility, could result in a violation of
air or water quality standards.
Dewatered Sludge. "Dewatered sludge" means sludge
from which free liquid has been evaporated or otherwise removed.
Discrete Unit. "Discrete unit" means a sanitary
landfill area that is individually described in the closure and
post-closure maintenance plans required by these Regulations and is
separately lined or sufficiently separated by geologic materials to
allow for individual monitoring.
Discrete Unit Boundary. "Discrete unit boundary"
means a vertical surface, located at the hydraulically downgradient
limit of the unit, that extends down into the uppermost aquifer.
Disposal. "Disposal" means the discharge,
abandonment, deposit, injection, dumping, spilling, leaking, or placing
of any solid waste or hazardous waste into or on any soil, air, or
water.
Disposal Area. "Disposal area" means that portion of
a disposal facility site that has received or is receiving solid waste.
Disposal Facility. "Disposal facility" means a
facility permitted to receive and dispose of solid waste, including
but not limited to a sanitary landfill, waste pile, or surface
impoundment. It does not include a facility the principal function of
which is the handling, treatment, or composting of solid waste not
intended for disposal.
Disposal Facility Site. "Disposal facility site"
means the property on which a disposal facility is located.
Dynamic Conditions. "Dynamic conditions" means
transitory
loading conditions, such as occur during an earthquake.
Earthquake Magnitude. "Earthquake magnitude" means
the Richter scale of earthquake magnitude used to express the total
energy of an earthquake.
Electrical Conductivity. "Electrical conductivity"
means the relative ability of water to conduct electrical current. It
depends on the ion concentration of and can be used to approximate the
total filterable residue (total dissolved solids) in water.
Energy Recovery. "Energy recovery" means the
recovery of energy or energy resources from the handling or disposal of
solid waste.
Enforcement Program. "Enforcement program" means
the regulations and procedures adopted by CEPA to enforce the Solid
Waste Code.
Environmental Control System. "Environmental control
system" means a system to prevent the release of constituents or solid
waste from the containment structures of disposal facility sites.
EPA. "EPA" means the United States Environmental
Protection Agency.
Etiologic Agent. "Etiologic agent" means a type of
microorganism, helminth, or virus that causes or significantly
contributes to the cause of increased morbidity or mortality of human
beings.
Excess Coverage. "Excess coverage" means assurance
for third party personal injury and property damage costs that are
above a specified level (i.e., above the primary coverage level or a
limit of lower excess coverage) but up to a specified limit.
Excess Exposure. "Excess exposure" means the
exposure of an organism to a release from a solid waste facility to the
organism's environment, the effect of which exposure is that the
organism will suffer some measurable adverse effect on health or
reproductive success partly or wholly attributable to the release.
External Hydrogeologic Forces. "External
hydrogeologic forces" means seasonal and other fluctuations in
groundwater levels and any other hydraulic condition that could cause a
change in the hydraulic stress on a containment structure.
Factor of Safety. "Factor of Safety" means the ratio
of the forces resisting slope or foundation failure over the forces
driving slope or foundation failure.
Field Capacity. "Field capacity" means the moisture
content of aquifer material that would result from the drainage of
saturated aquifer material in the absence of a water table.
Fill. "Fill" means compacted solid waste and cover
material.
Final Cover. "Final cover" means cover material that
is the permanently exposed final surface of a sanitary landfill.
Final Site Face. "Final site fact" means the final
exterior surface of the completed portion of a sanitary landfill.
Financial Means Test. "Financial means test" means
the financial assurance mechanism specified in these Regulations by
which an operator demonstrates its ability to pay future post-closure
maintenance costs by satisfying a prescribed set of financial criteria
or demonstrates its ability to pay third party claims for personal
injury and property damage caused by accidental occurrences or
intentional acts by satisfying the prescribed set of financial
criteria.
Financial Mechanism. "Financial mechanism" means a
trust fund or other equivalent financial arrangement acceptable to CEPA
to provide the financial assurances required by these Regulations for
meeting the costs of closure and post-closure maintenance.
Financial Reporting Year. "Financial reporting year"
means the twelve-month period for which financial statements that are
used to support the financial means test are prepared.
Floodplain. "Floodplain" means land that would be
inundated with flood water as a result of the occurrence of a flood
with a 100-year return period.
Flue. "Flue" means any duct or passage such as a
stack or chimney.
Fomite. "Fomite" means any substance that may harbor
or transmit pathogenic organisms.
Foundation Failure. "Foundation failure" means the
failure of a foundation, soil, or rock that serves to support an
imposed load along a surface of weakness.
Freeboard. "Freeboard" means the vertical distance
between the lowest point along the top of a surface impoundment dike,
berm, levee, or other containment feature and the top of the liquid
contained therein.
Free Liquid. "Free Liquid" means liquid that readily
separates from the solid portions of solid waste under ambient
temperature and pressure. Free liquid is not present when a 100
milliliter representative sample of the solid waste can be completely
retained in a standard 400 micron conical point filter for five minutes
without loss of any portion of the solid waste from the bottom of the
filter.
Garbage. "Garbage" means all kitchen and table food
waste and animal or vegetable waste that attends or results from the
storage preparation, cooking, or handling of foodstuffs.
Gas Condensate. "Gas condensate" means the liquids
generated as a result of gas recovery processes at a disposal
facility.
General Council. "General Council" means the
governing body of the Campo Band.
Geologic Material. "Geologic material" means
in-place naturally occurring surface and subsurface rock and soil.
Geologist. "Geologist" means a person who is engaged
in professional geological work under the direct supervision of a
registered geologist or registered civil engineer who is in charge of
the work, pursuant to Section 7805 of the California Business and
Professions Code.
Geosynthetic Membrane. "Geosynthetic membrane" means
any man-made material that functions as an impermeable barrier to the
transmission of fluids.
Ground Acceleration. "Ground acceleration" means
acceleration of earth particles caused by an earthquake.
Ground Rupture. "Ground rupture" means disruption of
ground surface due to natural or man-made forces.
Groundwater. "Groundwater" means all water below
the land surface contained in the saturated zone.
Grout Curtain. "Grout curtain" means a subsurface
barrier to liquid movement installed by injecting grout mixtures,
including but not limited to cement, silicates, or synthetic resins to
fill and seal fractures in rock.
Guarantee. "Guarantee" means a contract meeting the
requirements of these Regulations by which a guarantor promises that,
if the operator fails to perform post-closure maintenance, the
guarantor will perform post-closure maintenance or will establish and
fund a trust fund in the name of the operator to pay for such
activities.
Guarantor. "Guarantor" means a parent corporation,
or a corporation with a substantial business relationship to the
operator who guarantees payment of a present of a future obligation of
an operator.
Handling. "Handling" means the collection,
transportation, storage, transfer, or processing of solid waste or
hazardous waste.
Hazard. "Hazard" means any condition, practice, or
procedure that is or may be dangerous or harmful to individuals,
property, the natural environment, or the general public.
Hazardous Waste. "Hazardous waste" means solid waste
or combination of solid wastes that:
(1) because of its quantity, concentration,
or physical, chemical, or infectious characteristics (defined in these
Regulations as "infectious waste"), may either cause or significantly
contribute to an increase in mortality or serious irreversible or
incapacitating illness, or pose a substantial present or potential
hazard to human health, living organisms, or the environment when
improperly treated, stored, transported, disposed of, or otherwise
handled;
(2) is defined to be hazardous or toxic by
the Comprehensive Environmental Response, Compensation, and Liability
Act of 1980 or the Resource Conservation and Recovery Act of 1976, as
either Act may be amended from time to time, and by any regulations
promulgated thereunder, including but not limited to any substance,
material, smoke, gas, particulate matter, or combination thereof
containing asbestos or polychlorinated biphenyls (PCBs"); or
(3) is hazardous, toxic, ignitable, reactive,
or corrosive and that is defined and regulated as such by CEPA, the
State of California, or the United States of America.
"Hazardous waste" includes but is not limited to any substance,
material smoke, gas, particulate matter, or combination thereof that is
toxic, ignitable, reactive, corrosive, an irritant, a strong
sensitizer, or which generates pressure through decomposition, heat, or
other means, if it may cause substantial personal injury, serious
illness, or harm to humans, domestic animals, or wildlife, during or as
a proximate result of its disposal. The terms "toxic," "corrosive,"
"flammable," "irritant," and "Strong sensitizer" shall be given the
same meaning as in the California Hazardous Substances Act (Chapter 13
commencing with Section 28740 of Division 21 of the Health and Safety
Code).
Holocene Fault. "Holocene fault" means a fault that
is or has been active during the last 11,000 years.
Holding Facilities. "Holding facilities" means
sedimentation basins/ponds designed to control suspended solids
entrained in surface run-off prior to discharge.
Household Hazardous Waste. "Household hazardous
waste" means hazardous waste discarded by households.
Hydraulic Head. "Hydraulic head" means the pressure
exerted by liquid on a given area caused by the height of the liquid
surface above the area.
Inactive. "Inactive" means an intentional period
a significant danger of infection because it is contaminated with, or
may reasonably be expected to be contaminated with, etiologic agents.
Institutional Solid Waste. "Institutional solid
waste" means solid waste originating from educational, health care,
correctional, or research facilities and other similar facilities.
Insurance. "Insurance" means a contract meeting the
requirements of these Regulations by which an insurer or a risk
retention group promises to pay a claim by a third party for personal
injury and property damage caused by an accidental occurrence or
intentional act.
Interim Cover. "Interim cover" means daily cover and
intermediate cover.
Intermediate Cover. "Intermediate Cover" means cover
material that is applied on areas where additional cells are not to be
constructed for extended periods of time and therefore must resist
erosion for a longer period of time than daily cover.
Iso-settlement Map. "Iso-settlement map" means a
contour map showing lines of equal settlement of a disposal facility
over a period of time.
Leachate. "Leachate" means any liquid formed by the
drainage of liquid from solid waste or by the percolation or flow of
liquid through solid waste, including but not limited to any
constituents extracted from the solid waste and dissolved or suspended
in the liquid.
Legal Defense Costs. "Legal defense costs" means
expenses that an operator or a provider of financial assurance incurs
in defending claims brought:
(1) by or on behalf of a third party for personal injury or
property damage caused by an accidental occurrence of
intentional act; or
(2) by any person to enforce the terms of a financial assurance
mechanism.
Letter of Credit. "Letter of credit" means a
contract meeting the requirements of these Regulations by which the
issuing institution promises to extend credit on behalf of an operator
to CEPA upon the presentation of the contract in accordance with its
terms.
Liabilities. "Liabilities" means probable future
sacrifices of economic benefits arising from present obligations to
transfer assets or provide services to other entities in the future as
a result of past transactions or events.
Liner. "Liner" means a continuous layer of natural
or artificial material or a continuous membrane of artificial material
following the initial receipt of solid waste when a disposal facility
is temporarily idle for a specified period or due to known
circumstances not part of the normal operations approved by CEPA in the
solid waste facilities permit.
Incinerator. "Incinerator" means any equipment used
for the volume reduction or destruction of combustible solid waste by
burning and from which the exhaust gases pass through a flue.
Incinerator Ash. "Incinerator ash" means the solid
material remaining after burning in an incinerator.
Independent Sample. "Independent sample" means an
individual sample collected using the procedures described in the QA/QC
Manual.
Indicator Parameters. "Indicator parameters" means
measurable physical or chemical characteristics used to detect the
presence of constituents in water or soil-pore liquids or the effects
of constituents on soil, air, or water.
Industrial Waste. "Industrial waste" means all types
of solid waste resulting from industrial processes and manufacturing
operations, except hazardous waste, mining waste, and oil and gas
waste.
Infectious Waste. "Infections waste" means:
(1) Laboratory wastes, including but not
limited to cultures of etiologic agents, which pose a substantial
threat to health due to their volume and virulence.
(2) Pathologic specimens, including but not
limited to human or animal tissues, blood elements, excreta, and
secretions that contain etiologic agents, and attendant disposable
fomites.
(3) Surgical specimens, including but not
limited to human or animal parts and tissues removed surgically or at
autopsy, which in the opinion of the attending physician or
veterinarian, contain etiologic agents and attendant disposable
fomites.
(4) Human dialysis waste materials, including
but not limited to arterial lines and dialysate membranes.
(5) Carcasses of animals infected with
etiologic agents that may present a substantial hazard to public health
if improperly managed.
(6) Equipment, instruments, utensils, or any
other material that is likely to transmit etiologic agents.
(7) Any other material that the facility
infection control staff determines is likely to transmit etiologic
agents or presents is conducted and at which the water quality
protection standards apply.
Net Working Capital. "Net working capital" means
current assets minus current liabilities.
Net Worth. "Net worth" means total assets minus
total liabilities and is equivalent to owner's equity.
Nuisance. "Nuisance" means a condition that occurs
as a result of the handling, treatment, composting, or disposal of
solid waste, which condition (1) is injurious to human health or is
indecent or offensive to the senses and interferes with the comfortable
enjoyment of life or property, and (2) affects an entire community or
neighborhood or any considerable number of persons.
Observer. "Observer" means a certified human
observer or a certified, calibrated opacity monitoring system.
Off-Site Gas Migration. "Off-site gas migration"
means underground decomposition gases detected at any point beyond the
perimeter and/or within three feet inside the perimeter of a disposal
facility site.
On-Site. "On-site" means located within the solid
waste facility site boundary.
Open Burning. "Open Burning" means the burning of
any material under such conditions that the products of combustion are
emitted directly into the open atmosphere.
Open Dump. "Open dump" means any facility or site at
which solid waste is disposed of in a manner that does not protect the
environment, is susceptible to open burning, or is exposed to the
elements, vectors, and scavengers.
Operating Area. "Operating Area" means that portion
of an operating facility being used for the handling, treatment,
composting, or disposal of solid waste.
Operating Facility. "Operating facility" means a
solid waste facility that is currently receiving solid waste, including
but not limited to temporarily idle facilities containing solid waste
at which discharges of solid waste may resume.
Operator. "Operator" means the person to whom CEPA
grants a permit to operate a solid waste facility or collection system.
Parent Corporation. "Parent corporation" means a
corporation that owns directly or through its subsidiaries at least 50
percent of the voting stock of a corporation that operates a disposal
facility.
Partial Closure. "Partial closure" means the closure
of installed beneath or on the sides of a solid waste facility which
acts as a barrier to vertical or lateral fluid movement.
Liquefaction. "Liquefaction" means the process
resulting from seismic or other shaking whereby solid granular material
takes on the flowing characteristics of a liquid.
Liquid Waste. "Liquid waste" means solid waste that
contains free liquid.
Litter. "Litter" means all improperly discarded
solid waste.
Lysimeter. "Lysimeter" means a device for the
collection of vadose zone water.
Manure. "Manure" means the accumulated moist animal
excrement that does not undergo decomposition or drying as would occur
on open grazing land or natural habitat, whether or not mixed with
bedding materials, spilled feed, or soil.
Maximum Credible Earthquake. "Maximum credible
earthquake" means the maximum earthquake that appears capable of
occurring under the present known geologic framework.
Maximum Probable Earthquake. "Maximum probable
earthquake" means the maximum earthquake that is likely to occur during
a 100-year interval.
Mining Waste. "Mining waste" means all waste
materials (solid, semi-solid, and liquid) from the mining and
processing of ores and minerals, including soil, waste rock, and other
forms of overburden as well as tailings, slag, and other processed
mining wastes.
Mitigation Berm. "Mitigation berm" means an earthen
mound constructed to obscure the active face from public view.
Mixed Solid Waste. "Mixed solid waste" means a
combination of putrescible and nonputrescible solid waste.
Moisture-holding Capacity. "Moisture-holding
capacity" means the amount of liquid that can be held against gravity
by solid waste without releasing free liquid.
Monitoring Parameter. "Monitoring parameter" means
one of the parameters specified in the permit conditions for which
monitoring is conducted, including but not limited to physical
parameters, constituents, reaction products, and hazardous material,
that provide a reliable indication of a release from a solid waste
facility.
Monitoring Point. "Monitoring point" means a well,
device, or location specified in the permit conditions at which
monitoring is conducted and at which the water quality protection
standards apply.
Net Working Capital. "Net working capital" means
current assets minus current liabilities.
Net Worth. "Net worth" means total assets minus
total liabilities and is equivalent to owner's equity.
Nuisance. "Nuisance" means a condition that occurs
as a result of the handling, treatment, composting, or disposal of
solid waste, which condition (1) is injurious to human health or is
indecent or offensive to the senses and interferes with the comfortable
enjoyment of life or property, and (2) affects an entire community or
neighborhood or any considerable number of persons.
Observer. "Observer" means a certified human
observer or a certified, calibrated opacity monitoring system.
Off-Site Gas Migration. "Off-site gas migration"
means underground decomposition gases detected at any point beyond the
perimeter and/or within three feet inside the perimeter of a disposal
facility site.
On-Site. "On-site" means located within the solid
waste facility site boundary.
Open Burning. "Open Burning" means the burning of
any material under such conditions that the products of combustion are
emitted directly into the open atmosphere.
Open Dump. "Open dump" means any facility or site
at which solid waste is disposed of in a manner that does not protect
the environment, is susceptible to open burning, or is exposed to the
elements, vectors, and scavengers.
Operating Area. "Operating Area" means that portion
of an operating facility being used for the handling, treatment,
composting, or disposal of solid waste.
Operating Facility. "Operating facility" means a
solid waste facility that is currently receiving solid waste, including
but not limited to temporarily idle facilities containing solid waste
at which discharges of solid waste may resume.
Operator. "Operator" means the person to whom CEPA
grants a permit to operate a solid waste facility or collection system.
Parent Corporation. "Parent corporation" means a
corporation that owns directly or through its subsidiaries at least 50
percent of the voting stock of a corporation that operates a disposal
facility.
Partial Closure. "Partial closure" means the closure
of discrete units of a disposal facility site or the implementation of
certain closure activities consistent with the closure of the entire
site, in accordance with the approved closure plan.
Peak Stream Flow. "Peak stream flow" means the
maximum expected flow of surface water at a solid waste facility from a
tributary watershed for a given recurrence interval.
Peer-Reviewed. "Peer-reviewed" means published and
independently reviewed by other experts within the same academic field.
Perched Groundwater. "Perched groundwater" means a
body of unconfined groundwater separated from the saturated zone by a
portion of the unsaturated zone. Such perched water may be either
permanent or ephemeral.
Permeability. "Permeability" means the ability of
material to transmit fluid.
Permitted Capacity Filled During the Past Year.
"Permitted capacity filled during the past year" means the portion of a
disposal facility's total permitted capacity that was filled during the
period from sixty (60) days before the anniversary date of the
establishment of a trust fund to sixty (60) days before the subsequent
anniversary date.
Person. "Person" means an individual, trust, firm,
association, partnership, political subdivision, government agency,
municipality, industry, public or private corporation, or any other
entity whatsoever.
Personal Injury. "Personal injury" means an injury
that causes physical pain, illness, impairment of physical condition,
and associated mental anguish and suffering. "Personal injury" does
not include:
(1) Personal injury for which the operator is
obligated to pay damages by reason of the assumption of liability in a
contract or agreement.
(2) An obligation of the operator under a
workers' compensation, disability benefits, or unemployment
compensation law or similar law.
(3) Personal injury to the spouse, child,
parent, brother, or sister of an employee as a consequence of or
arising from and in the course of the employee's employment by the
operator. This exclusion applies whether the operator may be liable as
an employer or in any other capacity. This exclusion also applies to
any obligation to share damages with or repay another person who must
pay damages because of the injury to person identified in these
Regulations.
(4) Personal injury arising out of the
ownership, maintenance, use, or entrustment to others of any aircraft,
motor vehicle, or watercraft.
Physical Parameter. "Physical parameter" means any
measurable physical characteristic of a substance, including but not
limited to temperature, electrical conductivity, pH, and specific
gravity.
Point of Compliance. "Point of compliance" means a
vertical surface located at the hydraulically downgradient limit of a
solid waste facility that extends through the uppermost aquifer
underlying the facility.
Pollution. "Pollution" means the condition caused by
the presence in or on soil, air, or water of any solid waste, hazardous
waste, or substances derived therefrom in such quantity, of such nature
and duration, or under such condition that the quality, appearance, or
usefulness of the soil, air, or water is significantly degraded or
adversely altered.
Post-Closure Maintenance. "Post-closure maintenance"
means all activities undertaken at a closed solid waste facility to
maintain the integrity of containment features and to monitor
compliance with applicable performance standards.
Post-Closure Maintenance Period. "Post-closure
maintenance period" means a period of at least thirty (30) years after
closure of a disposal facility, which ends only after the operator
demonstrates to the satisfaction of CEPA that the solid waste contained
in the disposal facility either is no longer producing leachate or
poses no threat to water quality.
Primary Coverage. "Primary coverage" means the first
priority coverage for third party personal injury and property damage
costs up to a specified limit when used in combination with other
coverage.
Primary Sludge. "Primary sludge" means the sludge
produced by physical processes in water and wastewater treatment.
Principal Gases. "Principal gases" means the organic
or inorganic constituents of decomposition gas, greater than one
percent by volume, that typically include carbon dioxide, methane,
oxygen, and nitrogen.
Private Access. "Private access" means that public
access and disposal are not allowed.
Probable Maximum Precipitation. "Probable maximum
precipitation" means the estimated amount of precipitation for a given
duration, drainage area, and time of year that approaches and
approximates the maximum that is physically possible within the limits
of contemporary hydrometerological knowledge and techniques.
Processing. "Processing" means the reduction,
separation, recovery, conversion, or recycling of solid waste or
hazardous waste.
Professional Land Surveyor. "Professional land
surveyor" means a land surveyor licensed by the State of California
pursuant to Section 8747 of the Business and Professions Code.
Property Damage. "Property damage" means an injury
to public or private property that deprives its owner of the full
benefit of the property by taking, withholding, deteriorating, or
destroying it. "Property damage" does not include:
(1) Property damage for which the operator is
obligated to pay damages by reason of the assumption of liability in a
contract or agreement.
(2) An obligation of the operator under a workers'
compensation, disability benefits, or unemployment compensation law or
similar law.
(3) Property damage to:
(a) Any property owned by the operator;
(b) Premises that are sold, given away, or
abandoned by the operator if the property damage arises out of any part
of those premises;
(c) Property loaned to the operator;
(d) Personal property in the care, custody, or
control of the operator; and
(e) That particular part of real property on
which the operator, or any contractors or subcontractors working
directly or indirectly on behalf of the operator, are performing
operations, if the property damage arises out of these operations.
Provider of Financial Assurance. "Provider of
financial assurance" means an entity, other than an operator, that
provides financial assurance to an operator of a disposal facility,
including but not limited to a trustee, an institution issuing a
letter of credit, a surety company, an insurer, a risk retention group,
or a guarantor.
Putrescible Waste. "Putrescible waste" means solid
waste that is capable of being decomposed by micro-organisms with
sufficient rapidity to cause nuisances because of odors, gases, or
other offensive conditions, including but not limited to material such
as food wastes, offal, and dead animals.
P-Value. "P-value" means the smallest significance
level for which the null hypothesis would be rejected, based on the
data that was actually observed.
QA/QC Manual. "QA/QC Manual" means the Campo
Environmental Protection Agency Quality Assurance/Quality Control
Manual for Solid Waste Facilities.
Rapid Geologic Changes. "Rapid geologic changes"
means alterations of the ground surface resulting from natural or man
made factors or occurrences such as landslides, subsidence, faulting,
liquefaction, and structure failure.
Reactive Organic Compound. "Reactive organic
compound" means any organic compound that is photochemically reactive.
R Chart. "R chart" means a control chart for
evaluating the variability within a process in terms of the subgroup
range R.
Reconstruction. "Reconstruction" means modification
to an existing solid waste facility which entails costs amounting to 50
percent or more of the initial cost of the facility.
Recovered Material. "Recovered material" means
material and byproducts that have been recovered or diverted from solid
waste, but such term does not include material and byproducts generated
from and commonly reused within an original manufacturing process.
Recovery. "Recovery" means the recovery of material
or energy from solid waste.
Recycling. "Recycling" means the process of sorting,
cleansing, treating, and reconstituting solid waste or other discarded
material in order to prepare the altered form for use.
Recycling Facility. "Recycling facility" means a
facility used to receive solid waste, recycle solid waste, temporarily
store solid waste, and process solid waste.
Refuse. "Refuse" means garbage and rubbish.
Registered Civil Engineer. "Registered civil
engineer" means a civil engineer registered by the State of California
pursuant to Section 6762 of the Business and Professions Code.
Registered Geologist. "Registered geologist" means a
geologist registered by the State of California pursuant to Section
7842 of the Business and Professions Code.
Regulations. "Regulations" means the Regulations in
this Title.
Relative Compaction. "Relative compaction" means the
degree of compaction achieved, as a percentage of the laboratory
compaction, in accordance with accepted civil engineering practices.
Removal. "Removal" means the act of taking solid
waste or hazardous waste from the place of generation either by an
approved collection agency or by the owner of the solid waste or
hazardous waste.
Reservation. "Reservation" means the Campo Indian
Reservation.
Resource Recovery System. "Resource recovery system"
means a solid waste management system that provides for the handling
and recovery of solid waste, including disposal of nonrecoverable solid
waste residue.
Rubbish. "Rubbish" means non-putrescible solid
waste, including but not limited to ashes, paper, cardboard, tin cans,
yard waste, wood, glass, bedding, crockery, plastics, and rubber
by-products.
Run-off. "Run-off" means any precipitation,
leachate, or other liquid that drains from any part of a solid waste
facility.
Run-on. "Run-on" means any precipitation, leachate,
or other liquid that drains from any part of a solid waste facility.
Salvaging. "Salvaging" means the controlled removal
of solid waste for use.
Sanitary Landfill. "Sanitary landfill" means a
disposal facility employing a method of disposing of solid waste on
land, without creating nuisances or hazards to public health or safety,
by using methods to confine the waste to the smallest practical area,
to reduce it to the smallest practical volume, and to cover it with a
layer of suitable cover material at specific designated intervals.
Saturated Zone. "Saturated zone" means the
subsurface zone extending downward from the base of the unsaturated
zone in which the interstices are filled with water under pressure that
is equal to or greater than atmospheric pressure. The saturated zone
may contain gas-filled interstices or interstices filled with liquids
other than water.
Scavenging. "Scavenging" means the uncontrolled
and/or unauthorized removal of solid waste.
Seasonal High Water Table. "Seasonal high water
table" means the top of the capillary fringe which is the lowest
average elevation above the confined water table elevation where the
bulk soil moisture (or water content) is equal to the average bulk
moisture content of the aquifer material at field capacity.
Secondary Sludge. "Secondary sludge" means the
sludge produced by biological processes in wastewater treatment.
Seiche. "Seiche" means a periodic oscillation of a
body of water, the frequency of which is determined by the resonant
characteristics of the containing basin.
Seismic Acceleration. "Seismic acceleration" means
the acceleration of earth particles caused by earthquakes or other
similar forces.
Seismic Acceleration Reduction Factor. "Siesmic
acceleration reduction factor" means a mathematical factor for reducing
the predicted effects of seismic shaking when local soils or foundation
dampen or reduce seismic shaking.
Seismic Amplification. "Seismic amplification" means
an amplification of siesmic shaking caused by local soil or foundation
conditions.
Seismic Duration. "Seismic duration" means the
duration of strong seismic shaking.
Seismic Impact Zone. "Seismic impact zone" means an
area with a ten percent (10%) or greater probability that the maximum
horizontal acceleration in hard rock, expressed as a percentage of the
earth's gravitational pull (g), will exceed 1.10g in 250 years.
Semi-Solid Waste. "Semi-solid waste" means solid
waste that will not hold its shape when unconfined.
Sensitive Biological Receptor. "Sensitive biological
receptor" means an organism likely to be exposed to a release from a
solid waste facility and experience some measurable adverse effect as a
result of that exposure.
Septage. "Septage" means the contents of a septic
tank, cesspool, or other individual sewage treatment facility that
receives domestic sewage.
Sewage Sludge. "Sewage sludge" means any residue,
excluding grit or screenings, removed from wastewater, whether in a
dry, semidry, or liquid form.
Shredding. "Shredding" means a process of reducing
the particle size of solid waste through use of grinding, shredding,
milling, or rasping machines.
Single Source. "Single source" means any or all
units of equipment at a given location, including associated outlets to
the atmosphere, which may be operated simultaneously.
Site-Specific. "Site-specific" means specific to the
local site.
Slope Failure. "Slope failure" means downward and
outward movement of ground slopes.
Sludge. "Sludge" means the accumulated solids and/or
semisolids deposited from wastewaters or other liquids.
Soil Engineer. "Soil engineer" means a registered
civil engineer who is qualified to use the title of "soil engineer"
pursuant to California Code of Regulations, Title 16, Section 426.50.
Soil-Pore Liquid. "Soil-pore liquid" means the
liquid contained in openings between particles of soil in the
unsaturated zone.
Solid Waste. "Solid waste" means all putrescible and
nonputrescible solid, semisolid, and liquid waste, including but not
limited to garbage, trash, refuse, paper, rubbish, ashes, industrial
waste, construction and demolition waste, abandoned vehicles and parts
thereof, discarded home and industrial appliances, manure, vegetable or
animal solid and semisolid wastes; other discarded solid, liquid, and
semisolid wastes from a wastewater treatment plant, water supply
treatment plant, or air pollution control facility, or other discarded
contained gaseous material resulting from industrial, commercial,
mining, or agricultural operations, or community activities; and not
including solid or dissolved material in domestic sewage, solid or
dissolved material in irrigation return flows, or industrial discharges
that are point sources subject to permits under 33 U.S.C. Section
1342, source, special nuclear, or byproduct material as defined by the
Atomic energy Act of 1954, as amended, 42 U.S.C. Sections 2011 et seq.,
and not including hazardous waste, as defined hereinabove.
Solid Waste code. "Solid Waste Code" means the Campo
Band of Mission Indians Solid Waste Management Code of 1990.
Solid Waste Facility. "Solid waste facility" means a
disposal facility, a recycling facility, a composting facility, any
resource recovery system or component thereof, any system, program, or
facility for resource conservation, and any facility for handling,
treatment, composting, or disposal of solid waste, whether or not such
facility is associated with facilities generating such solid waste.
Solid Waste Management. "Solid waste management"
means a planned program for effectively controlling the generation,
handling, treatment, composting, and disposal of solid waste in a safe,
sanitary, aesthetically acceptable, and environmentally sound manner.
It includes all administrative, financial, environmental, legal, and
planning functions as well as the operational aspects of solid waste
handling, treatment, composting, disposal, and resource recovery
systems necessary to achieve established objectives.
Solid Waste Management Plan. "Solid Waste Management
Plan" means the comprehensive plan for handling, treating, composting,
and disposing of solid waste within the exterior boundaries of the
Reservation prepared by CEPA pursuant to the Solid Waste Code.
Sorbent. "Sorbent" means a substance that takes up
and holds a liquid or gas either by absorption or adsorption.
Special solid Waste. "Special solid waste" means:
(1) Solid waste that causes corrosion or decay or
otherwise reduces or impairs the integrity of containment structures;
or
(2) Solid waste that, if mixed or co-mingled with
other solid waste, produces violent reaction, heat, pressure, fire or
explosion, toxic by-products, or reaction products, or reaction
products that require a higher level of containment, is hazardous
waste, or impairs the integrity of containment features.
Spiked Sample. "Spiked sample" means a sample
containing known quantities of particular contaminants which is used
for testing the performance of analytical laboratories.
Standpipe. "Standpipe" means an open-ended pipe used
to measure the standing level of and/or collect fluids.
Static Conditions. "Static conditions" means
conditions of no external motions or forces such as those of
earthquakes.
Statistically significant. "Statistically
significant" means a p-value for a statistical test which is
sufficiently small for the null hypothesis to be rejected.
Storage. "Storage" means the holding of solid waste
or hazardous waste for a temporary period, at the end of which period
the solid waste or hazardous waste is either treated or is discharged
elsewhere.
Storm. "Storm" means the maximum precipitation for a
given duration expected during the given recurrence interval.
Structural Components. "Structural components" means
containment structures, liners, leachate collection and removal
systems, final covers, precipitation and drainage control systems, and
any other component that is necessary for the protection of human
health and the environment.
Substantial Business Relationship. "Substantial
business relationship" means a business relationship that arises from a
pattern of recent or ongoing business transactions, in addition to the
issuance of a guarantee under these Regulations.
Surety Bond. "Surety bond" means a contract meeting
the requirements of these Regulations by which a surety company
promises that, if the operator fails to perform required closure and/or
post-closure maintenance, the surety company will be liable for the
operator's responsibilities as specified by the bond.
Surface Impoundment. "Surface impoundment" means a
solid waste facility that is a natural topographic depression,
excavation, or diked area that is designed to contain liquid waste or
solid waste containing free liquids and which is not an injection well.
Surface Sludge. "Surface sludge" means residual
solids and semi-solids from the treatment of water, wastewater, and
other liquids. It does not include liquid effluent discharged from
such treatment processes.
Tangible Net Worth. "Tangible net worth" means the
tangible assets that remain after deducting liabilities; such assets do
not include intangibles such as goodwill and rights to patents or
royalties.
Total Permitted Capacity. "Total permitted capacity"
means the capacity approved by CEPA in a disposal facility's permit,
including any changes in capacity approved by a new permit or a permit
modification.
Toxic Air Contaminant. "Toxic air contaminant" is an
air contaminant that: (1) has been identified as a hazardous air
pollutant pursuant to Section 7412 of title 42 of the United States
Code; (2) has been identified as a toxic air contaminant by the
California air Resources Board at 17 C.C.R. Section 93000; or (3) may
cause or contribute to an increase in mortality, an increase in serious
illness, or a potential hazard to human health.
Trace Gases. "Trace gases" means all organic or
inorganic compounds or elements, measured at less than one percent by
volume, found together with the principal gases in decomposition gas,
including but not limited to vinyl chloride, benzene, hydrogen sulfide,
carbon monoxide, hydrogen, mercury, etc.
Transmissivity. "Transmissivity" means the rate at
which water of the prevailing kinematic viscosity is transmitted
through a unit width of the aquifer under a unit hydraulic gradient.
Treatment. "Treatment" means any method, technique,
or process designed to change the physical, chemical, or biological
characteristics of solid waste or hazardous waste so as to render it
less harmful to the quality of the soil, air, and water, safer to
handle, or easier to contain or manage, but "treatment" does not mean
incineration.
Treatment Unit. "Treatment unit" means any facility
or discrete unit which is used for the treatment of solid waste,
including but not limited to drying beds, yardwaste composting
facilities, septate ponds, and evaporation ponds.
Trust Fund. "Trust fund" means a contract meeting
the requirements of these Regulations by which the operator transfers
assets to a trustee to hold on behalf of CEPA to pay closure and/or
post-closure maintenance costs.
Underlying Groundwater. "Underlying groundwater"
means groundwater and water which rises above the saturated zone due to
capillary forces.
Unified Soil Classification system. "Unified Soil
Classification System" means the methods for soil identification and
classification for construction purposes presented in Geotechnical
Branch Training Manuals Nos. 4, 5, and 6 published by the United States
Bureau of Reclamation in 1986.
Unsaturated Zone. "Unsaturated zone" means the zone
between the ground surface and the regional water table or, in cases
where the uppermost aquifer is confined, the zone between the ground
surface and the top of the saturated portion of the confining layer.
Unstable Areas. "Unstable areas" means locations
susceptible to natural or human-induced events or forces that are
capable of rupturing a containment structure.
Uppermost Aquifer. "Uppermost aquifer" means the
geologic formation nearest the natural ground surface that is an
aquifer, as well as lower aquifers that are hydraulically
interconnected with such an aquifer.
Vadose Zone. "Vadose zone" means an unsaturated
zone.
Vector. "Vector" means any insect, arthropod,
rodent, or other animal capable of transmitting a pathogen from one
organism to another or of disrupting the normal enjoyment of life by
adversely affecting the public health and well being.
Waste Pile. "Waste pile" means a disposal facility
at which only noncontainerized, bulk, dry solid waste is discharged and
piled on the land surface.
Watershed. "Watershed" means the total land area
above a given point on a stream or waterway that contributes to runoff
to that point.
Wetlands. "Wetlands" means those areas that are
inundated or saturated by surface water or groundwater at a frequency
and duration sufficient to support, and that under normal circumstances
do support, a prevalence of vegetation typically adapted for life in
saturated soil conditions, including but not limited to swamps,
marshes, bogs, and similar areas.
X Bar Chart. "X bar chart" means a control chart for
evaluating the process level or subgroup differences in terms of the
subgroup average.
March 8, 1992
PART 505
Solid Waste Facility Classification, Siting, and Permits
Subpart A. Applicability and Exemptions
Section 505.01. Applicability.
(a) General. These Regulations establish solid
waste classifications, solid waste facility classifications, and
requirements for handling, recycling, treatment, composting, and
disposal of solid waste.
(b) Alternatives to Requirements of Regulations.
Unless otherwise specified, CEPA may consider alternatives to the
requirements of these Regulations.
(1) CEPA shall approve alternatives only
where the operator demonstrates that:
(A) the requirement is not feasible;
and
(B) there is a specific engineered
alternative that is consistent with the goal of the requirement
and affords equivalent protection against soil, air, and water
quality impairment.
(2) To establish that compliance with a
requirement is not feasible, the operator shall demonstrate that
compliance is:
(A) unreasonably and unnecessarily
burdensome and will cost substantially more than the proposed
alternative; or
(B) impractical and will not promote
attainment of applicable performance standards.
(3) CEPA shall consider all relevant technical
and economic factors including, but not limited to, present and
projected costs of compliance, potential costs for remedial action
in the event that solid waste or leachate is released to the
environment, and the extent of groundwater resources which could
be affected.
(c) Permit Conditions. CEPA shall implement these
Regulations through the issuance of permits authorizing
construction and operation of solid waste facilities and containing
conditions that insure compliance with these Regulations.
Section 505.02. Exemptions. The following activities shall be
exempt from these Regulations:
Section 505.02. Exemptions. The following activities shall be
exempt from these Regulations:
(a) Discharges of domestic sewage or treated
effluent that are regulated by tribal and/or federal water quality
permit conditions and are consistent with applicable water quality
objectives.
(b) Treatment or storage associated with municipal
wastewater treatment plants, provided that residual sludge or solid
waste from wastewater treatment facilities shall be discharged only
in accordance with the applicable provisions of tribal and federal
law.
(c) Discharges of wastewater to land, including
but not limited to evaporation ponds, percolation ponds, or
subsurface leachfields, if:
(1) CEPA or EPA has issued a permit
authorizing the discharge or has waived such issuance;
(2) The discharge is in compliance with the
applicable water quality control plan; and
(3) The wastewater does not require management
as a hazardous waste.
(d) Discharges of solid waste to wells by injection
pursuant to the Underground Injection Control Program established
by the United States Environmental Protection Agency under the Safe
Drinking Water Act, 42 U.S.C. Sections 300(h) et seq. See 40
C.F.R. Parts 144-146.
(e) Actions taken by or at the discretion of public
agencies to clean up or abate conditions of pollution or nuisance
resulting from unintentional or unauthorized releases of solid
waste or pollution to the environment, provided that solid waste,
pollution, or contaminated materials removed from the immediate
place of release shall be discharged according to the requirements
of these Regulations, and further provided that remedial actions
intended to contain such solid waste, pollution, or contaminated
materials at the place of release shall meet the requirements of
these Regulations.
(f) Use of nonhazardous decomposable waste as a
soil amendment pursuant to the applicable best management
practices, provided that CEPA may issue requirements for such use.
(g) Discharges of drilling mud and cuttings from
well-drilling operations, provided that such discharges are to on-site
sumps and do not contain halogenated solvents. At the end of
the drilling operations, the discharger shall either remove all
Yard Waste. "Yard waste" means leaves, grass clippings,
garden debris, and small chip branches.
Section 500.02. Authority. These Regulations are promulgated
pursuant to the Solid Waste Code. Nothing in these Regulations is
intended or shall be construed to limit or restrict CEPA's right to
exercise discretion that is vested in CEPA by law.
Section 500.03. Compliance with Laws and Regulations. These
Regulations describe required standards or performance and design.
Wherever possible, operators and designers will be permitted
flexibility in meeting the standards. The operator of a solid waste
facility shall propose a method, physical improvement, or other
appropriate means to comply with each standard established by these
Regulations. CEPA may accept, modify, reject, or replace the operator's
proposal and shall incorporate the means of compliance into the
operator's permit as permit conditions. Nothing in these Regulations
shall be construed to relieve an owner, operator, or designer of a
solid waste facility from the obligation to obtain all required permits,
licenses, or other clearances, and to comply with all orders, laws,
regulations, or other requirements of tribal or federal approval,
regulatory, or enforcement agencies, including but not limited to the
BIA and the EPA.
Section 500.04. Purpose. The purpose of these Regulations is to
protect the health and safety and promote the welfare of the people of
the Campo Indian Reservation and surrounding communities and to protect
the environment by establishing minimum standards for the handling,
recycling, treatment, composting, and disposal of solid waste.
Section 500.05. Intent. By adopting these Regulations, CEPA
hereby establishes performance and design standards for solid waste
handling, recycling, treatment, composting, and disposal on the
Reservation and further establishes minimum substantive requirements for
applications for permits to construct and operate solid waste
facilities.
Section 500.06. Certification. All applications, data, analyses,
reports, and other information required by these Regulations to be
submitted to CEPA shall bear the following certification, acknowledged
and executed by the person or persons submitting the applications, data,
analyses, reports, or other information: "I (We) do hereby certify
under penalty of perjury that the information contained herein is true
and accurate to the best of my (our) knowledge after thorough
investigation."
Section 500.07. Severability. The provisions of these Regulations
are severable, and if any provision of these Regulations or the
application thereof to any person or circumstance shall be deemed
invalid, such invalidity shall not affect other provisions or
applications of these Regulations which can be given effect without the
invalid provision or application.
Section 500.08. Effective Date. Parts 500, 505, 510, 520, 530,
580, and
590 of these Regulations, as revised and re-issued on March 8, 1992,
shall become effective on March 23, 1992. Part 515 shall become
effective on March 8, 1992.
Subpart B. Solid Waste Classification
Section 505.10. Classification Criteria.
(a) General. The solid waste classification system
in this Section applies to solid waste that is discharged to land
for storage, treatment, recycling, composting, or disposal in
accordance with the requirements of these Regulations, and shall
provide the basis for determining which solid waste may be
discharged at each solid waste facility. Solid waste
classifications are based on an assessment of the potential risk
of environmental degradation associated with each category of solid
waste. The solid waste classifications in this Part shall
determine where solid waste may be discharged unless the operator
establishes, to the satisfaction of CEPA, that a particular
constituent or combination of constituents presents a lower risk
of environmental degradation than indicated by its classification.
Discharges of solid waste shall be permitted only at solid waste
facilities that have been approved and classified by CEPA in
accordance with the criteria in these Regulations, and for which
permit conditions have been prescribed or waived pursuant to this
Part.
(b) Special Solid Waste. Special solid waste shall
be discharged only at permitted solid waste facilities that are
designed and constructed to contain such waste.
(c) Operator Responsibility. The operator shall
be responsible for accurate characterization of solid waste,
including determinations of whether or not solid waste will be
compatible with containment features and other solid waste at a
solid waste facility and whether or not solid waste is required to
be managed as hazardous waste.
(d) Management of Liquids.
(1) Solid waste containing free liquid may
not be discharged to a waste pile. Any solid waste that contains
liquid in excess of the moisture-holding capacity of the solid
waste in a sanitary landfill or that may contain liquid in excess
of the moisture-holding capacity as a result of solid waste
management operations, compaction, or settlement shall only be
Discharged to a surface impoundment or to a solid waste facility
with containment features equivalent to a surface impoundment.
(2) Semi-solid waste other than sewage sludge
shall not be discharged to a sanitary landfill. CEPA may grant an
exception if the operator demonstrates that such a discharge will
not exceed the moisture-holding capacity of the sanitary landfill,
either initially or as a result of solid waste management
operations, compaction, or settlement.
wastes from the sump or remove all free liquid from the sump and
cover residual solid and semi-solid wastes, if representative
sampling of the sump contents after liquid removal shows the
residual solid waste to be nonhazardous or if it can otherwise be
demonstrated to CEPA's satisfaction that no hazardous wastes were
introduced or generated as a result of the drilling operation. If
the sump has appropriate containment features, it may be reused.
(h) Solid waste treatment in fully enclosed
facilities, such as tanks, or in concrete-lined facilities of
limited areal extent, such as oil-water separators designed,
constructed, and operated according to American Petroleum Institute
specifications, unless otherwise specifically provided in these
Regulations.
(3) Bulk or non-containerized liquid waste may
not be discharged to a sanitary landfill. CEPA may grant
exceptions if:
(A) the waste is household waste other
than septic waste; or
(B) the waste is leachate or gas
condensate derived from the sanitary landfill; and
(C) the operator demonstrates that such
a discharge will not exceed the moisture-holding capacity of the
sanitary landfill, either initially or as a result of solid waste
management operations, compaction, or settlement.
(4) Containers holding liquid waste may not
be discharged to a sanitary landfill. CEPA may grant exceptions
if:
(A) the container is a small one similar
in size to that normally found in household waste;
(B) the container is designed to hold
liquids for use other than storage; or
(C) the waste is household waste; and
(D) the operator demonstrates that such
a discharge will not exceed the moisture-holding capacity of the
sanitary landfill, either initially or as a result of solid waste
management operations, compaction, or settlement.
Section 505.11. Hazardous Waste. Hazardous waste shall not be
received, accepted, handled, stored, processed, recycled, treated,
composted, or disposed of at any solid waste facility within the
Campo Indian Reservation, provided that CEPA may establish a
program for the collection, transfer, storage, transportation, and
disposal off the Reservation of hazardous waste generated or found
on the Reservation. In the event an operator knows or has reason
to believe that hazardous waste has been received at a solid waste
facility, the operator shall notify CEPA within two (2) hours of
discovery of such hazardous waste. CEPA shall not issue any
exemption from this Section.
Section 505.12. Designated Waste. Designated waste shall be
discharged only at Class II solid waste facilities that comply with
the requirements of these Regulations and that have been approved
by CEPA for the particular kind of waste to be discharged.
Section 505.13. Solid waste.
(a) Solid waste that is not designated waste shall
be discharged at a Class III disposal facility.
(b) Designated waste may be discharged at a Class
III disposal facility if the operator demonstrates to the
satisfaction of CEPA that a particular constituent or combination
of constituents presents a lower risk of environmental degradation
than indicated by its classification and that co-disposal of
designated waste with other solid waste shall not render the
designated waste hazardous (e.g., by mobilizing hazardous
constituents.)
(c) Unless CEPA determines that it is hazardous
waste, wastewater sewage or water treatment sludge may be
discharged at a Class III disposal facility if:
(1) The disposal facility is equipped with a
leachate collection and removal system;
(2) The sludge contains at least 20 percent
solids, if primary sludge, or at least 15 percent solids if
secondary sludge, mixtures of primary and secondary sludges, or
water treatment sludge; and
(3) The operator maintains a minimum
solids-to-liquid ratio of 5:1 by weight to ensure that disposal will
not cause the initial moisture-holding capacity of the solid waste to
be exceeded. The actual ratio required by CEPA shall be based on
site-specific conditions.
Subpart C. Waste Facility Classification and Siting
Section 505.20. Classification and Siting Criteria.
(a) CEPA shall classify solid waste facilities
according to their ability to contain solid waste. CEPA shall
determine containment ability by geology, hydrology, topography,
climatology, and other factors relating to the ability of the solid
waste facility to protect soil, air, and water quality. CEPA shall
base classification of solid waste facilities on the criteria
contained in this Section, on field inspections by CEPA staff,
agents, or representatives, and on other pertinent information.
The operator shall submit information necessary to classify a solid
waste facility in the solid waste facility permit application.
(b) Operators shall site, design, construct, and
operate all disposal facilities to ensure that solid waste will be
a minimum of five (5) feet above the seasonal high water table.
Operators shall site, design, construct, and operate all composting
facilities to ensure that the base of the treatment zone will be
a minimum of five (5) feet above the seasonal high water table.
CEPA shall not issue any exemption from this Subsection.
(c) All containment structures at solid waste
facilities shall have a foundation or base capable of providing
support for the structure and capable of withstanding hydraulic
pressure gradients to prevent failure due to settlement,
compression, or uplift. A registered civil engineer or certified
engineering geologist shall certify that a containment structure
meets the requirements of this Section.
Section 505.21. Class I: Facilities for Hazardous Waste.
Facilities for the handling, recycling, treatment, composting,
or disposal of hazardous waste are prohibited on the Campo Indian
Reservation, provided that CEPA may establish a program for the
collection, transfer, storage, transportation, and disposal off
the Reservation of hazardous waste found or generated on the
Reservation.
Section 505.22. Class II: Facilities for Designated Waste.
(a) General. Class II facilities shall be located
where site characteristics and containment features isolate
designated waste from ground and surface water and do not pose a
threat to public health and safety or the environment.
(b) Geologic Setting.
(1) Class II facilities shall be immediately
underlain by natural geologic materials that have a permeability
of not more than 1 x 10-6 cm/sec and that are of sufficient
thickness to prevent vertical movement of liquid, including but
not limited to solid waste and leachate, to water through the
post-closure maintenance period. Class II facilities shall not be
located where areas of primary (porous) or secondary (rock opening)
permeability greater than 1 x 10-6 cm/sec could impair the
competence of natural geologic material to act as a barrier to
vertical liquid movement, unless the operator installs a liner
system that conforms to the requirements of these Regulations.
Class II surface impoundments that are designed and constructed
with a double liner system may use natural geologic material that
complies with this Paragraph for the outer liner.
(2) The operator shall use containment
features to prevent lateral movement of liquid, including but not
limited to leachate.
(c) Flooding. Class II solid waste facilities
shall be designed, constructed, operated, and maintained to prevent
inundation or washout due to floods with a 100-year return period.
The operator of a Class II solid waste facility located in a 100-year
floodplain must demonstrate to the satisfaction of CEPA that
the facility will not restrict the flow of the 100-year flood or
reduce the temporary water storage capacity of the floodplain.
(d) Ground Rupture. Class II solid waste
facilities other than composting facilities shall be located at
least four hundred (400) feet from any known Holocene fault.
(e) Rapid Geologic Change. Class II solid waste
facilities may be located within areas of potential rapid geologic
change if structural components are designed, constructed, and
maintained to preclude failure.
(f) Wetlands. Class II solid waste facilities
shall not be sited in known wetlands.
(g) Seismic Impact Zones. Class II solid waste
facilities may be sited within seismic impact zones if all
containment structures are designed to resist the peak ground
acceleration associated with the maximum credible earthquake.
Section 505.23. Class III: Solid Waste Facilities.
(a) General. Class III solid waste facilities
shall be located where site characteristics and containment
features isolate solid waste from ground and surface water and do
not pose a threat to public health and safety or the environment.
(b) Geologic Setting.
(1) Class III solid waste facilities shall be
sited where soil characteristics, distance from solid waste to
groundwater, and other factors will ensure no impairment of
beneficial uses of surface water or to groundwater beneath or
adjacent to the facility. Factors that shall be considered include
but are not limited to:
(A) size of the solid waste facility;
(B) permeability and transmissivity of
underlying soils;
(C) depth to groundwater and variations
in depth to groundwater;
(D) background quality of groundwater;
(E) current and anticipated uses of the
groundwater; and
(F) annual precipitation.
Where consideration of these factors indicates that site
characteristics alone do not insure protection of the quality of
groundwater or surface water, the operator shall use a liner system
that conforms to the requirements of these Regulations.
(c) Flooding. Class III solid waste facilities
shall be designed, constructed, operated, and maintained to prevent
inundation or washout due to floods with a 100-year return period.
The operator of a Class III solid waste facility located in a 100-year
floodplain must demonstrate to the satisfaction of CEPA that
the facility will not restrict the flow of the 100-year flood or
reduce the temporary water storage capacity of the floodplain.
(d) Ground Rupture. Class III solid waste
facilities shall be located at least four hundred (400) feet from
any known Holocene fault.
(e) Rapid Geologic Change. Class II solid waste
facilities may be located within areas of potential rapid geologic
change if structural components are designed, constructed, and
maintained to preclude failure.
(f) Wetlands. Class III solid waste facilities
shall not be sited in known wetlands.
(g) Seismic Impact Zones. Class III solid waste
facilities may be sited within seismic impact zones if all
containment structures are designed to resist the peak ground
acceleration associated with the maximum credible earthquake.
Subpart D. Permit Applications, Reporting Requirements,
and Closure and Post-Closure Maintenance Plan Applications
Section 505.30. Permits Required. No person shall construct or
operate a solid waste facility on the Reservation without first
having obtained a permit to do so from CEPA. CEPA shall adopt and
revise permit conditions for each solid waste facility on the
Reservation to insure that each facility complies with the
requirements of these Regulations. CEPA may, in its discretion,
issue separate permits for the construction and the operation of
a solid waste facility.
Section 505.31. Permit Application and Reporting Requirements for
Recycling Facilities.
In order to obtain a recycling facility permit, the operator
of a recycling facility must file with CEPA a permit application
in triplicate and submit any information required by CEPA upon
request. CEPA shall use the information contained in the
application to determine whether a permit should be issued.
(a) A recycling facility permit application shall
contain the following:
(1) Plans and specifications for the recycling
facility, including but not limited to a site location map, a site
plan, and identification of adjacent property and uses and
distances to nearby residences and structures.
(2) An engineering report describing processes
to be used, including but not limited to proposed pollution control
devices and estimated quantities and types of solid waste to be
handled.
(3) A description of the operations to be
conducted at the recycling facility.
(4) A schematic drawing of buildings and other
structures showing layout and general dimensions for unloading,
storage, compaction, processing, parking, and loading areas.
(5) A description of the means to control
litter, odors, rodents, and insects; emergency provisions for
equipment breakdown or power failure; and the maximum length of
time solid waste will be stored at the recycling facility.
(6) A description of all equipment, including
but not limited to type, capacity, and number of units.
(7) An estimate of the design capacity and
daily capacity of the recycling facility in tons.
(8) A description of methods to handle unusual
peak loadings.
(9) The anticipated amount and planned method
for final disposal of nonrecoverable or nonmarketable residues or
ashes.
(10) The anticipated amount of quench or
process water required and the planned method for treatment and
disposal of any wastewater.
(11) The name, address, resume, and designated
agent for service of process of the management organization that
will operate the recycling facility.
(12) Contingency plans for the failure or
breakdown of solid waste handling facilities or containment systems
and incidents giving rise to the possibility of such a failure or
breakdown, including but not limited to acts of vandalism, fires,
explosions, earthquakes, floods, and releases of solid waste. Such
contingency plans shall include but not be limited to provisions
for notice to CEPA and to affected persons.
(b) In order to maintain a permit, the operator
must file amendments to the application whenever necessary to keep
the information current. Such amendments or lack thereof may
become the basis for modification or revocation of the permit.
(c) Permit applicants and recycling facility
operators shall notify CEPA of each change of address. Notice
shall be given no more than seven days after the change is
effective and shall be given on a form specified by CEPA.
Section 505.32. Permit Application and Reporting Requirements for
Disposal Facilities.
(a) General.
(1) Permit Application. In order to obtain
a disposal facility permit, the operator of a disposal facility
must file with CEPA a permit application in triplicate and submit
any information required by CEPA upon request. CEPA shall use the
information in the application to determine whether a permit should
be issued. The operator shall provide information on solid waste
characteristics, geologic, and climatologic characteristics of the
solid waste facility, the region, containment features, structural
components, operation plans, design reports, precipitation and
drainage controls, and closure and post-closure maintenance plans
as set forth in this Section.
(2) Changes in Information (Operations).
(A) The operator shall notify CEPA of
any changes in the information submitted in the application under
this Section, including but not limited to any change in the types,
quantities, or concentrations of solid waste to be discharged; site
operations; or containment features. Such notifications or lack
thereof may be the basis for modification or revocation of the
permit. The operator shall notify CEPA a reasonable time before
the changes are made or become effective. No changes shall be made
without CEPA approval.
(B) Every operator of a disposal
facility shall notify CEPA of each change of address. Notice shall
be given no more than seven (7) days after the change is effective
and shall be given on a form specified by CEPA.
(b) Reporting Requirements.
(1) Quarterly Reports. In addition to any
other reports required by these Regulations, the operator shall
submit quarterly reports to CEPA specifying in detail the
operator's compliance or non-compliance with each permit condition.
(2) Annual Report. In addition to any other
reports required by these Regulations, on or before February 1 of
each year, the operator of a solid waste facility shall submit an
annual report to CEPA for the preceding calendar year. The annual
report shall describe all facility activities during the previous
calendar year, including but not limited to:
(A) the permit number, name, and address
of the solid waste facility;
(B) the year covered by the report;
(C) the quantity of each type of solid
waste handled at the solid waste facility;
(D) the remaining capacity for storage
or disposal of solid waste at the facility based on the amount of
solid waste received or stored and the capacity approved for the
solid waste facility by CEPA;
(E) a current estimate of the costs of
closure and post-closure maintenance and a current estimate of the
costs of any emergency response or remedial actions that may become
necessary;
(F) an assessment of the adequacy of the
closure, post-closure maintenance, and emergency response plans;
(G) an evaluation of the air and water
quality monitoring programs and decomposition gas control program;
(H) an evaluation of personnel
performance and training; and
(I) a certification by a registered civil
engineer that the solid waste facility is in compliance with the
permit conditions and the requirements of these Regulations.
(3) Change in Responsibility. The operator
shall notify CEPA in writing of any proposed change of
responsibility for construction, operation, closure, or post-closure
maintenance of a disposal facility prior to the effective
date of the change. CEPA may modify the permit to name the
prospective new operator if it finds that the new operator is
qualified to conduct the proposed activities and will comply with
the requirements of these Regulations.
(4) Slope Failure. The operator shall notify
CEPA immediately of any slope failure occurring in a disposal
facility. The operator shall promptly correct any failure that
threatens the integrity of containment features of the disposal
facility after approval of the method and schedule by CEPA.
(5) Detection of Liquid. The operator shall
notify CEPA within three (3) days if liquid is detected in a
previously dry leachate collection and removal system or
unsaturated zone monitoring system or if a statistically
significant increase is detected in the volume of fluid in a
leachate collection and removal system.
(6) Closure of Facility. The operator shall
notify CEPA if a disposal facility is to be closed at least one
hundred eighty (180) days prior to beginning any partial or final
closure activities. The notice shall include a statement that all
closure activities will conform to the closure plan and the
requirements of these Regulations. The operator shall notify CEPA
at least ten (10) days prior to taking any action relating to
closure in order to allow CEPA to observe the action.
(7) Post-Closure Maintenance. The operator
of a disposal facility shall notify CEPA within thirty (30) days
after the completion of any closure activities. The operator shall
certify under penalty of perjury that all closure activities were
performed in accordance with the closure plan and the requirements
of these Regulations. The operator shall certify that the closed
disposal facility will be maintained in accordance with the
approved post-closure maintenance plan.
(c) Certification. Any application submitted under
this Section, any amendment or revision thereto, and any report
that might affect containment features or monitoring systems shall
be certified by a registered civil engineer or a certified
engineering geologist.
(d) Solid waste Characteristics. The operator
shall provide the following information in the permit application
about the characteristics of the solid waste to be disposed of at
the disposal facility;
(1) A list of the types, quantities, and
concentrations of solid waste proposed to be disposed of at the
disposal facility. Solid waste and known constituents shall be
specifically identified using the most descriptive nomenclature.
(2) A description of proposed disposal
methods.
(3) An analysis of projected solid waste
decomposition processes for the disposal facility indicating
intermediate and final decomposition products and the period during
which decomposition will continue following discharge.
(e) Disposal Facility Characteristics.
(1) General. The operator shall provide in
the permit application an analysis describing how the ground and
surface water may affect the disposal facility and how the facility
may affect soil, air, and water. CEPA shall use this information
to determine the suitability of the disposal facility with respect
to environmental protection and avoidance of geologic hazards and
to determine whether the disposal facility meets the classification
criteria set forth in this Part.
(2) Physical Characteristics. The operator
shall provide data on the physical characteristics of the disposal
facility and the surrounding region in understandable written,
tabular, and graphic format as appropriate, and at a level of a
detail appropriate for the disposal facility classification. The
operator shall follow the data collection procedures described in
the Campo Quality Assurance/Quality Control Manual. Plans,
diagrams, and other graphics shall be prepared to appropriate scale
and each shall include a legend identifying the information
presented. All sources of data shall be identified. If an
application refers to another source, the relevant information from
that source shall be restated in the application. If the source
is not generally available, the relevant portion(s) of the source
shall be included verbatim in the application as an appendix. The
application shall contain the following:
(A) Topographical Information.
(i) A map of the disposal facility
and the surrounding region within one mile of the facility, showing
existing elevation contours, natural ground slopes, drainage
patterns, and other topographic features, and a map of the
completed disposal facility showing elevation contours, ground
slopes, drainage patterns, and other topographic features for the
completed disposal facility.
(ii) A statement of whether the
disposal facility is located within a 100-year floodplain. This
statement must indicate the source of data for such determination
and must include a copy of the relevant Federal Insurance
Administration (FIA) flood map, if used, or the calculations and
maps used where an FIA map is not available. The operator shall
provide information identifying the 100-year floodplain and any
other special flooding factors that must be considered in
designing, constructing, operating, or maintaining the facility to
withstand washout from a 100-year flood. The operator of a
disposal facility located in a 100-year floodplain shall provide
an engineering analysis to indicate the various hydrodynamic and
hydrostatic forces expected to result at the disposal facility site
as consequence of a 100-year flood and structural or other
engineering studies showing the design of the disposal facility
and flood protection devices and how these will prevent washout.
(B) Climatological Information.
(i) Calculations of required
climatologic values for the disposal facility from measurements
made at a nearby, climatologically similar station, the source data
from which such values were calculated, and the name, location, and
period of record of the measuring station.
(ii) A map showing isohyetal contours
for the proposed disposal facility and the surrounding region
within ten miles, based on data provided by the National Weather
Service, or other recognized federal, state, local, or private
agencies.
(iii) Estimated maximum and minimum
annual precipitation at the proposed disposal facility.
(iv) Maximum expected precipitation
associated with a twenty-four (24) hour storm with a 100-year
return period for a Class III disposal facility, or for a twenty-four
(24) hour storm with a 1000-year return period for a Class II
disposal facility.
(v) Estimated mean, minimum, and
maximum evaporation, with the months of occurrence of maximum and
minimum evaporation, for the disposal facility.
(vi) Projected volume and pattern of
runoff for the disposal facility, including peak stream discharges
associated with a twenty-four (24) hour storm with a 100-year
return period.
(vii) An estimated wind rose for
the disposal facility showing wind direction, velocity, and
percentage of time for the indicated direction.
(C) Geological Information.
(i) A geologic map and geologic
cross-section of the disposal facility showing lithology and
structural features. Cross-sections shall be indexed to the
geologic map and shall be located to best portray geologic features
relevant to disposal operations.
(ii) A description of natural
geologic material in the disposal facility, including but not
limited to identification of rock types, nature of alternation
depth and nature of weathering, and all other pertinent lithologic
data.
(iii) A description of the
geologic structure of the disposal facility, including but not
limited to the attitude of bedding (if any); thickness of beds (if
any); the location, attitude, and condition (tight, open, clay- or
gypsum-filled, etc.) of any fractures; the nature, type
(anticlinal, synclinal), etc.), and orientation of any folds; the
location, attitude, and nature (tight, gouge-filled, etc.) of any
faults; and all other pertinent structural data.
(iv) The results of a testing program
for determination of physical and chemical properties of soils
needed to formulate detailed disposal facility design criteria.
(v) A determination of the expected
peak ground acceleration at the disposal facility associated with
the maximum credible earthquake (for a Class II disposal facility)
or the maximum probable earthquake (for a Class III disposal
facility). The methodology shall consider regional and local
seismic conditions and faulting. Data and procedures shall be
consistent with current practice and shall be based on an
identified procedure or publication. The analyses shall include
modifications to allow for site-specific surface and subsurface
conditions. The peak ground acceleration so determined shall be
the stability and factors of safety for all embankments, cut
slopes, and associated fills during the active life of the disposal
facility. The analysis shall include the method used to calculate
the factors of safety (e.g., Bishop's modified method of slices,
Fellinius circle method, etc.); the name of any computer program
used to determine the factors of safety; and a description of the
various assumptions used in the stability analyses (height of fill,
slope-and-bench configuration, etc.).;
(vi) Identification of any known
Holocene fault within four hundred (400) feet of the facility as
determined pursuant to the QA/QC Manual.
(D) Hydrological Information.
(i) An evaluation of the waterbearing
characteristics of natural geologic material at the
disposal facility site, including but not limited to determination
of permeability, delineation of all groundwater zones,
interconnections between zones and fractures, and basic data used
to determine the above.
(ii) An evaluation of the in-place
permeability of soils immediately underlying the disposal facility,
including but not limited to permeability data, in tabular form,
for selected locations within the facility; a map of the disposal
facility showing test locations where permeability data were
obtained; and an evaluation of the test procedures and rationale
used to obtain permeability data.
(iii) An evaluation of the
perennial direction(s) and speed of groundwater movement within
the uppermost groundwater zone(s) within one mile of the disposal
facility perimeter, including but not limited to an evaluation of
the methods and rationale used in their development.
(iv) Estimates of the height to which
water rises due to capillary forces above the uppermost groundwater
zone(s) beneath and within one mile of the disposal facility site,
including but not limited to an evaluation of the methods and
rationale used in developing the estimates.
(v) A map showing the location of
all springs in the disposal facility and within one mile of its
perimeter and tabular data indicating the flow and the mineral
quality of the water from each spring.
(vi) An evaluation, supported by
water quality analyses, of the quality of water known to exist
under or within one mile of the disposal facility site, including
but not limited to all data necessary to establish water quality
protection standards.
(vii) A tabulation of background
water quality for all applicable indicator parameters and
constituents, including but not limited to:
--Background water quality for
an indicator parameter or a constituent in groundwater based on
adequate sampling and analysis. These analyses shall account for
measurement errors in sampling and analysis and for seasonal
fluctuations in background water quality, if such fluctuations are
expected to affect the concentration of the constituent.
--In a verification monitoring
program, the operator may base background water quality on
appropriate water quality data that are available before permit
conditions are issued.
--Background water quality of
groundwater may be based on sampling of wells that are not
upgradient from the disposal facility where hydrogeologic
conditions do not allow the determination of the upgradient
direction, or sampling at other wells will provide a representative
indication of background water quality.
--In developing the data base
used to determine a background value for each indicator parameter
or constituent in groundwater, the operator shall take a minimum
of one sample from each well used to determine background. The
operator shall take a minimum of four samples from the entire
system to determine background water quality each time the system
is sampled.
(E) Land and Water Use Information.
(i) A map showing the locations of
all water wells, oil wells, and geothermal wells in the disposal
facility site or within one mile, the name and address of the owner
of each well, and information, where available, for each water
well, including but not limited to, total depth of well; the
diameter of casing at ground surface and at total depth; the type
of well construction; the depth and type of perforations; the name
and address of well driller; the year of well construction; the
uses of wellwater (agricultural, domestic, stock watering, etc.);
the depth and type of seals; the lithologic, geophysical, and other
types of well logs, if available; and water levels, pump tests,
water quality, and other well data, if available.
(ii) The current land use within one
mile of the disposal facility site, including but not limited to
types of land use (e.g., residential, commercial, industrial,
agricultural, recreational, etc.); types of crops; types of
livestock; and number and location of dwelling units.
(iii) Current and projected
future uses of land and water within one mile of the disposal
facility.
(F) Location Information.
(i) An indication of the approximate
total acreage contained in the disposal facility site; either the
total estimated capacity of the disposal facility in tons,
indicating in-place densities assumed, or in cubic yards; and a
projection of the life expectancy of the disposal facility based
on anticipated loadings.
(ii) The general location of the
proposed disposal facility displayed on a map of at least the scale
size equivalent to a 1:2,400 USGS topographical quadrangle showing
points of access to the facility.
(iii) A plot plan that delineates
the legal boundaries of the disposal facility site, including but
not limited to a description of all ownership or other interests,
both legal and beneficial, in the land.
(iv) Identification on the plot plan
of the specific limits of the existing and planned disposal area(s)
showing distances to the property boundary lines, distances to the
nearest structure, and uses of land adjacent to the disposal
facility site.
(f) Design Report and Operations Plan.
(1) Design Report.
(A) The operator shall submit detailed
preliminary plans, specifications, and descriptions for all liners,
containment structures, leachate collection and removal system
components, leak detection system components, precipitation and
drainage control facilities, and interim covers that will be
installed or used at a disposal facility. The operator shall
submit a description of and location data for ancillary facilities,
including but not limited to roads, solid waste handling areas,
buildings, and equipment cleaning facilities.
(B) The operator shall submit detailed
plans and equipment specifications for compliance with the
groundwater and unsaturated zone monitoring requirements of these
Regulations. The operator shall provide a technical report that
includes rationale for the spatial distribution of groundwater and
unsaturated zone monitoring facilities, the design of monitoring
points, and the selection of other monitoring equipment. This
report shall be accompanied by:
(i) A map showing the locations of
proposed monitoring facilities.
(ii) Drawings and data showing
construction details of proposed monitoring facilities, including
but not limited to casing and test hole diameter, casing materials
(PVC, stainless steel, etc.), depth of each test hole, size and
position of perforations, method of joining sections of casing,
nature of filter material, depth and composition of seals, and
method and length of time of development.
(iii) Specifications, drawings,
and data for location and installation of unsaturated zone
monitoring equipment.
(C) The operator shall submit proposed
construction and inspection procedures to CEPA for approval.
(2) Operations Plan. The operator shall
submit an operations plan describing disposal facility operations,
including but not limited to:
(A) A description of proposed disposal
methods.
(B) Contingency plans for the failure or
breakdown of solid waste handling facilities or containment systems
and incidents giving rise to the possibility of such a failure or
breakdown, including but not limited to acts of vandalism, fires,
explosions, earthquakes, floods, liners, surface drainage problems,
failure of dikes, berms and levees, and releases of solid waste.
Contingency plans shall include but not be limited to provisions
for notice to CEPA and to water users downgradient of the disposal
facility of any such failure or of any detection of solid waste or
leachate in groundwater monitoring facilities.
(C) A description of inspection and
maintenance programs that will be undertaken regularly during
disposal operations and the post-closure maintenance period.
(D) A description of all surface and
subsurface drains that will be used to control water from areas on
or adjacent to the disposal facility, including but not limited to
the location and type of protective dikes, berms, and levees.
(E) A description of the method of
leachate monitoring, collection, treatment, reduction, and
disposal.
(F) A description of the system proposed
to provide for venting control, monitoring, and possible use of
decomposition gases.
(G) The name, address, resume, and
designated agent for service of process of the management
organization that will operate the disposal facility.
(H) A compilation of the conditions,
criteria, and requirements established by the tribal and federal
agencies having jurisdiction over the disposal facility.
(g) Closure and Post-closure Maintenance Plan.
The operator shall submit detailed plans for the closure and
post-closure maintenance of the disposal facility meeting the
requirements of these Regulations.
Section 505.33. Permit Application and Reporting Requirements for
Composting Facilities.
[RESERVED]
Section 505.34. Application and Approval of Closure and
Post-closure Maintenance Plans.
(a) Scope and Applicability.
(1) The development of closure and
post-closure maintenance plans is to ensure that a solid waste disposal
facility will be closed in such a manner as to protect the public
health and safety and the environment and to ensure that adequate
resources will be available to properly accomplish closure and to
maintain the disposal facility during the post-closure maintenance
period. CEPA will not issue a disposal facility permit until the
operator has submitted proposed closure and post-closure
maintenance plans.
(2) The plans required by this Section shall
include but not be limited to all pertinent facilities located at
the solid waste disposal facility site which are related to the
disposal activities. The plans shall also include activities that
continue after the disposal facility has completed closure and
which will directly or indirectly impact the closure and post-closure
activities at the disposal facility.
(3) Operation of any disposal facility in
excess of one year from the date of submission of proposed
preliminary or final closure and post-closure maintenance plans
without receipt of written notice of approval from CEPA shall
result in suspension of the facility permit and operations shall
cease until such time as the operator has received notice that
proposed plans have been approved.
(b) Submission of Closure and Post-closure
Maintenance Plans.
All closure and post-closure maintenance plans
shall be submitted to CEPA. Plans shall be submitted in accordance
with the following schedule:
(1) Complete Site Closure. The operator of
a disposal facility not operating prior to the effective date of
these Regulations shall submit preliminary closure and post-closure
maintenance plans with the application for a solid waste facility
permit. The operator shall submit final closure and post-closure
maintenance plans two (2) years prior to the anticipated date of
closure.
(2) Partial Closure. The operator shall
submit final closure and post-closure maintenance plans for the
incremental closure of discrete units two (2) years prior to the
anticipated date of closure of each discrete unit. The operator
shall not commence closure of such a discrete unit until CEPA has
approved the final closure and post-closure maintenance plans for
proposing to implement any one or a combination of individual
closure activities shall obtain approval of the final closure and
post-closure maintenance plans before proceeding to implement
closure or post-closure maintenance activities.
(3) Retention of Closure and Post-Closure
Maintenance Plans. The most recently approved preliminary or final
closure and post-closure maintenance plans shall be maintained at
the disposal facility during the operation, closure, and post-closure
periods.
(c) Preliminary Closure Plan.
(1) Purposes of the Preliminary Closure Plan.
The preliminary closure plan shall be a written plan to describe
the closure of the entire disposal facility in accordance with the
requirements of these Regulations. The purposes of the preliminary
closure plan are to:
(A) Allow the operator to prepare an
estimate of closure costs;
(B) Enable CEPA to assess the
reasonableness of the cost estimate; and
(C) Allow a registered civil engineer to
certify to the accuracy of the cost estimate.
(2) Contents of the Preliminary Closure Plan.
The preliminary closure plan shall identify the steps necessary to
perform either partial or complete disposal facility site closure,
including but not limited to the following information:
(A) A disposal facility site map
indicating property boundaries, general location of the disposal
facility, all on-site structures, entry roads, structures within
one thousand (1000) feet of the site boundary, current monitoring
and control systems, total acreage of the disposal facility, total
acres permitted for the disposal facility, and the existing and
proposed final limits of solid waste placement.
(B) Topographic maps including but not
limited to pre- and post-excavation topography; current topography;
and proposed final grading. Topographic maps shall be drawn to an
appropriate scale and with an appropriate contour interval.
(C) An estimate of the maximum extent of
the disposal facility that will ever require closure at any given
time during the life of the facility.
(D) A description of the current
monitoring and control system at the disposal facility.
(E) A description of the current land
uses within one (1) mile of the boundary of the disposal facility
site. This description shall include the zoning and specific
industries within the one-mile area and any proposed post-closure
land use. If the disposal facility is to be used for purposes
other than non-irrigated open space during the post-closure
maintenance period, the operator shall submit to CEPA a map showing
all proposed structures, landscaping, and related features to be
installed and maintained over the final cover. This map shall be
at a scale of 1:100 and shall be accompanied by:
(i) a description and quantification
of water entering, leaving, and remaining on-site from all sources
sufficient to allow CEPA to determine potential adverse impacts due
to the proposed use, and corresponding mitigative design features
that will ensure the physical and hydraulic integrity of the final
cover; and
(ii) detailed design plans and
description(s) of the monitoring system(s) that will effectively
detect penetration of the final cover by precipitation or applied
irrigation waters.
(F) A description of the proposed final
cover and the methods and process that will be used to install it.
(G) An estimate of the closure date based
on volumetric calculations. The estimate shall account for the
effects of settlement and refuse-to-cover ratio on the
calculations. The operator shall include documentation of the
calculations.
(H) A general description of the methods,
procedures, and processes that will be used to implement closure,
including but not limited to the personnel, equipment, and
materials necessary for each aspect of closure. The plan shall
describe the activities needed to meet the requirements of these
Regulations and propose a general time estimate for completing each
task. The activities described shall include but not be limited
to:
(i) removal of disposal facility
structures;
(ii) decommissioning of environmental
controls;
(iii) providing site security;
(iv) placement of final cover,
including but not limited to identification of potential sources
of suitable materials;
(v) final grading;
(vi) final site face construction.
The slope stability report, when required, shall be submitted with
the final closure plan;
(vii) installation of drainage
controls;
(viii) slope protection and erosion
control;
(ix) implementation of leachate
control measures;
(x) installation of the groundwater
monitoring network;
(xi) installation of gas monitoring
and control systems; and
(xii) description of the nature of
the final cover, including, but not limited to its physical
characteristics, permeability, thickness, slopes, elasticity
(shrink and swell), and erodability.
(I) The closure cost estimate.
(J) Where these Regulations identify a
standard of performance for one of the above requirements, the
preliminary closure plan shall describe how a proposed design,
monitoring, or control method will meet the performance standard.
(d) Final Closure Plan.
(1) Purposes of the Final Closure Plan. The
operator shall submit final closure plans for the entire disposal
facility and/or for each discrete unit to be closed, depending on
how the operator intends to implement closure. The purposes of
the final closure plan are to:
(A) Provide a basis for the operator to
establish an accurate cost estimate for closure;
(B) Provide a detailed plan and schedule
for the operator to implement upon closure of the disposal
facility; and
(C) Allow CEPA easily to monitor closure
activities to determine that all requirements of closure have been
implemented in accordance with the approved plan.
(2) Contents of the Final Closure Plan. The
final closure plan shall include but not be limited to the
following information:
(A) A disposal facility site map
indicating property boundaries, general location of the disposal
facility, all on-site structures, entry roads, structures within
one thousand (1000) feet of the site boundary, current monitoring
and control systems, total acreage of the disposal facility, total
acres permitted for the disposal facility, and the existing and
proposed final limits of solid waste placement.
(B) Topographic maps, including but not
limited to maps showing pre- and post-excavation topography;
current topography; and proposed final grading. Topographic maps
shall be drawn to an appropriate scale and with an appropriate
contour interval.
(C) An estimate of the maximum extent of
the disposal facility that will ever require closure at any given
time during the life of the facility.
(D) A description of the current
monitoring and control systems at the disposal facility.
(E) A description of the current land
uses within one (1) mile of the boundary of the disposal facility
site. This description shall include the zoning and specific
industries within the one-mile area and any proposed post-closure
land use. If the disposal facility is to be used for purposes
other than non-irrigated open space during the post-closure
maintenance period, the operator shall submit to CEPA a map showing
all proposed structures, landscaping, and related features to be
installed and maintained over the final cover. This map shall be
at a scale of 1:100 and shall be accompanied by:
(i) a description and quantification
of water entering, leaving, and remaining on-site from all sources
sufficient to allow CEPA to determine potential adverse impacts due
to the proposed use, and corresponding mitigative design features
that will ensure the physical and hydraulic integrity of the final
cover; and
(ii) detailed design plans and
description(s) of the monitoring system(s) that will effectively
detect penetration of the final cover by precipitation or applied
irrigation waters.
(F) A description of the proposed final
cover and the methods and processes that will be used to install
it.
(G) An estimate of the closure date based
on volumetric calculations. The estimate shall account for the
effects of settlement and refuse-to-cover ratio on the
calculations. Documentation of the calculations shall be included.
(H) A general description of the methods,
procedures, and processes that will be used to implement closure,
including but not limited to the personnel, equipment, and
materials necessary for each aspect of closure. The plan shall
describe the activities needed to meet the requirements of these
Regulations and propose a general time estimate for completing each
task. The activities described shall include but not be limited
to:
(i) removal of disposal facility
structures;
(ii) decommissioning of environmental
controls;
(iii) providing site security;
(iv) placement of final cover,
including but not limited to identification of potential sources
of suitable materials;
(v) final grading;
(vi) final site face construction.
The slope stability report, when required, shall be submitted with
the final closure plan;
(vii) installation of drainage
controls;
(viii) slope protection and
erosion control;
(ix) implementation of leachate
control measures;
(x) installation of the groundwater
monitoring network;
(xi) installation of gas monitoring
and control systems; and
(xii) description of the nature
of the final cover, including but not limited to its physical
characteristics, permeability, thickness, slopes, elasticity
(shrink and swell), and erodability.
(I) The closure cost estimate.
(J) A detailed schedule for disbursement
of funds for closure from a trust fund, if applicable, for either:
(i) advance payment for activities
to be performed in accordance with the plan, or
(ii) reimbursement of costs paid for
activities performed in accordance with the plan.
(K) where these Regulations identify a
standard of performance for one of the above requirements, the
final closure plan shall describe how a proposed design,
monitoring, or control method will meet the performance standard.
(e) Closure Cost Estimates.
(1) The operator shall provide to CEPA a
written cost estimate, in current dollars, of the cost of hiring
a third party to close the disposal facility in accordance with
the submitted closure plan. Cost estimates shall meet the
following criteria:
(A) Cost estimates shall equal the cost
of closing the disposal facility at the point of its active life
when the extent and manner of operation would make closure the most
expensive, as indicated by the closure plan.
(B) Cost estimates shall be developed
for the closure activities anticipated. The closure cost estimate
shall always be high enough to ensure that, if, at any time, the
disposal facility had to begin to close, the cost of closure
activities would not exceed the cost estimate.
(C) Cost estimates shall reflect the
design, materials, equipment, labor, administration, and quality
assurance necessary for closure.
(D) The total closure cost estimate shall
be increased by a factor of twenty percent (20%) to account for
cost over-runs due to unforseen circumstances, such as adverse
weather conditions and inadequate site characterization, which
would result in increased closure costs.
(E) The operator shall increase the
closure cost estimate when changes to the plan or at the disposal
facility increase the cost of closure.
(F) The operator may reduce the closure
cost estimate when changes to the plan or at the disposal facility
decreases the costs of closure. The request for reduction shall be
submitted to CEPA for approval upon application for a five (5) year
permit review in accordance with these Regulations.
(2) Closure cost estimates shall include but
not be limited to the following information:
(A) Final cover costs based on the
maximum extent of the disposal facility ever requiring cover at
any given time. The cost estimate for final cover shall detail
the volume and type of material required for each layer in the
proposed design and the corresponding costs of acquisition,
placement, compaction, and grading.
(B) Geosynthetic membrane costs, when
proposed, shall include but not be limited to costs for
acquisition, placement, and inspection, and shall specify the type,
thickness, and quantity of material required.
(C) The cost of construction quality
assurance in accordance with QA/QC Manual.
(D) The cost of revegetation, which shall
be computed based on the maximum extent of the disposal facility
requiring revegetation as described in the plan. The cost estimate
for revegetation shall include materials and labor for soil
preparation, planting, fertilizing, and irrigation.
(E) The cost to install a gas monitoring
system, based on the number and depth of wells, including but not
limited to drilling costs, probe installation costs, and design
engineering costs.
(F) The cost to install a gas control
system based on the type of system proposed, including but not
limited to costs for materials, installation, and design.
(G) The cost to install the groundwater
monitoring system, based on the number and depth of wells,
including but not limited to costs for drilling, installation, and
design.
(H) The cost to implement leachate
control measures.
(I) The cost of drainage installation,
including but not limited to costs for materials, installation,
and design.
(J) The cost of adding or removing
security measures compatible with post-closure land use.
(K) The cost of developing final closure
and post-closure maintenance plans.
(L) The cost of structure removal.
(M) The cost of removing environmental
control systems.
(f) Preliminary Post-closure Maintenance Plan.
(1) Purposes of the Preliminary Post-closure
Maintenance Plan. The purposes of the preliminary post-closure
maintenance plan are to:
(A) Allow the operator to prepare an
estimate of post-closure monitoring, maintenance, and inspection
costs;
(B) Enable CEPA to assess the
reasonableness of the cost estimate; and
(C) Allow a registered civil engineer or
certified engineering geologist to certify to the accuracy of the
cost estimate.
(2) Contents of the Preliminary Post-closure
Maintenance Plan. The preliminary post-closure maintenance plan
shall include but not be limited to the following information.
CEPA may require additional items based on specific site
characteristics.
(A) A description of the current
monitoring and control systems at the disposal facility, including
but not limited to a statement of how collection, recovery, and
control systems are operated; the frequency of operation; and the
method of storage, treatment, or disposal of all materials
collected or recovered.
(B) A description of the planned uses of
the disposal facility site during the post-closure maintenance
period.
(C) A general description of the methods,
procedures, and processes that will be used to maintain, monitor,
and inspect closed disposal facilities during the post-closure
maintenance period, including but not limited to the following:
(i) A program to maintain the
integrity and effectiveness of the final cover, as designed,
including but not limited to an evaluation of anticipated
settlement due to decomposition and compaction of solid waste and
subsidence of underlying natural geologic materials and making
repairs to the cover as necessary to correct the effects of
settling, subsidence, erosion, or other events.
(ii) A program to maintain and
inspect and maintain the drainage system, as designed, to prevent
run-on and run-off from adversely affecting the integrity of the
final cover.
(iii) A program to maintain and
inspect the vegetative cover required for slope protection and
erosion control.
(iv) A program to inspect and
maintain the leachate control system.
(v) A program to inspect and
maintain the gas monitoring network and gas control systems to
ensure detection and control of migrating decomposition gases.
(vi) A program to inspect and
maintain the groundwater monitoring network.
(vii) A program to inspect and
maintain the final grading to prevent ponding and minimize
infiltration.
(D) A post-closure maintenance cost
estimates.
(E) Where these Regulations identify a
standard of performance for one of the above requirements, the
preliminary post-closure maintenance plan shall describe how a
proposed design, monitoring, or control method will meet the
performance standard.
(g) Final Post-closure Maintenance Plan.
(1) Purposes of the Final Post-Closure
Maintenance Plan. The purposes of the final post-closure
maintenance plan are to:
(A) Provide a basis for the operator to
establish an accurate cost estimate for post-closure maintenance;
(B) Provide a detailed plan for the
inspection, maintenance, and monitoring that the operator will
implement at the disposal facility during the post-closure
maintenance period; and
(C) Enable CEPA to monitor post-closure
activities to determine that post-closure maintenance and
monitoring is being performed in accordance with the approved plan.
(2) Contents of the Final Post-closure
Maintenance Plan. The final post-closure maintenance plan shall
include but not be limited to the following information:
(A) Persons or companies responsible for
each aspect of post-closure maintenance, and their addresses and
telephone numbers.
(B) An as-built description of the
current monitoring and collection systems at the disposal facility.
This description shall be kept current throughout the post-closure
maintenance period in accordance with the requirements of these
Regulations.
(C) The specific monitoring tasks that
are to take place, the frequency of those tasks, and the methods
of analysis for each of those tasks.
(D) A description of how each collection
and recovery system is to be operated and the frequency of
operation, including but not limited to the methods of storage,
treatment, and disposal of all materials collected or recovered.
(E) A summary of the requirements for
reporting the results of monitoring and collection.
(F) A general description of the methods,
procedures, and processes that will be used to maintain, monitor,
and inspect closed disposal facilities during the post-closure
maintenance period, including but not limited to the following:
(i) A program to maintain the
integrity and effectiveness of the final cover, as designed,
including but not limited to an evaluation of anticipated
settlement due to decomposition and compaction of solid waste and
subsidence of underlying natural geologic materials and making
repairs to the cover as necessary to correct the effects of
settling, subsidence, erosion, or other events.
(ii) A program to inspect and
maintain the drainage system, as designed, to prevent run-on and
run-off from adversely affecting the integrity of the final cover.
(iii) A program to maintain and
inspect the vegetative cover required for slope protection and
erosion control.
(iv) A program to inspect and
maintain the gas monitoring network and gas control systems to
ensure detection and control of migrating decomposition gases.
(v) A program to inspect and
maintain the leachate control system.
(vi) A program to inspect and
maintain the groundwater monitoring network.
(vii) A program to inspect and
maintain the final grading to prevent ponding and minimize
infiltration.
(G) Proposed post-closure land use at
the site.
(H) Post-closure cost estimates.
(I) A copy of the emergency response plan
required by these Regulations.
(J) Where these Regulations identify a
standard of performance for one of the above requirements, the
final post-closure maintenance plan shall describe how a proposed
design, monitoring, or control method will meet the performance
standard.
(h) Post-closure Maintenance Cost Estimates.
(1) The operator shall provide to CEPA a
detailed written estimate, in current dollars, of the cost of
hiring a third party to maintain, monitor, and inspect the closed
disposal facility in accordance with the post-closure maintenance
plan. Cost estimates shall meet the following requirements:
(A) Cost estimates shall be based on the
most expensive estimate of costs for completion of activities
described in the post-closure maintenance plan for the entire
disposal facility.
(B) Cost estimates shall reflect the
costs of design, materials, equipment, labor, and administration
to properly monitor, maintain, and inspect the closed disposal
facility.
(C) The cost estimate used to
demonstrate that financial assurances are adequate shall account
for the total costs of conducting post-closure care, including
annual and periodic costs as described in the post-closure
maintenance plan over the entire post-closure maintenance period.
(D) The operator shall modify the
post-closure cost estimate when changes in the plan or disposal facility
conditions indicate an increase or decrease in post-closure
maintenance costs. Requests for modifications shall be submitted
to CEPA for review during the post-closure maintenance plan
amendment period specified in these Regulations.
(2) Post-closure cost estimates shall include
but not be limited to the following information:
(A) The annual cost to maintain
vegetation, including but not limited to fertilization costs,
irrigation costs, and irrigation system maintenance costs.
(B) The annual cost to measure, operate,
inspect, and maintain the leachate control system, including but
not limited to costs for the collection and removal or treatment
of leachate, sampling, and laboratory analysis.
(C) The annual cost for gas monitoring
and control system maintenance, including but not limited to the
costs of labor, equipment, laboratory analysis, and reporting.
(D) The annual cost of vadose zone
monitoring, including but not limited to the cost for sampling,
testing, replacement, maintenance, and installation.
(E) The annual cost for groundwater
monitoring and network maintenance, including but not limited to
the cost for sampling, laboratory analysis, reporting, system
inspection, and maintenance.
(F) The annual cost to maintain the
integrity of the final cover, including but not limited to the cost
for material acquisition and placement, labor, and repair of the
cover as required due to the effects of settling, erosion, or
subsidence.
(G) The annual cost to maintain the
drainage system, including but not limited to the cost to clear
materials blocking drainage conveyances and the cost to repair
drains, levees, dikes, and protective berms;
(H) The annual inspection cost, including
but not limited to a specification of the frequency of routine
inspections by the operator for each of the following components:
(i) final cover;
(ii) final grading;
(iii) drainage system;
(iv) gas monitoring and control
system;
(v) leachate control system;
(vi) groundwater monitoring system;
(vii) security (e.g., fences, gates,
and signs);
(viii) vector and fire control; and
(ix) litter control.
(I) The total annual post-closure
maintenance cost.
(i) Applications for Review of Closure and
Post-closure Maintenance Plans.
(1) Contents of Application. An application
for the review and approval of the preliminary and final closure
and post-closure maintenance plans shall contain all of the
following information:
(A) A preliminary or final closure and
post-closure maintenance plan containing all of the elements
required by these Regulations.
(B) Updated cost estimates for closure
and post-closure activities.
(C) An updated demonstration of financial
responsibility. This demonstration shall reflect the updated cost
estimates for closure and post-closure activities. In addition,
the operator must include the current balance and a summary of
payments made into the financial mechanism from the date of the
most recent approval of the closure and post-closure maintenance
plans. This summary must be prepared and signed by an authorized
representative of the person maintaining the financial mechanism.
A telephone number of the person must accompany the statement for
purposes of verification.
(2) Filing of Application.
(A) The operator shall submit three (3)
copies of each document required under Paragraph (1) to CEPA. All
drawings shall be submitted in standard size (24" X 36") and
include translucent reproducibles. The closure and post-closure
maintenance plans shall be clearly marked "preliminary" or "final,"
depending on the status. For partial closure, those sections
submitted shall be clearly marked "final."
(B) CEPA shall determine whether all
items required by these Regulations have been submitted by the
operator. CEPA shall provide written notification to the operator
of the results of this determination within thirty (30) days of
receipt of an application. If CEPA finds that the application is
incomplete, the written notification shall identify those parts of
the application which are incomplete and include a list of the
specific information needed to complete the application. An
application determined by CEPA to be incomplete shall be rejected
for filing. If CEPA does not transmit to the operator a written
determination that the application is incomplete within thirty (30)
days of receipt, the application shall be deemed complete.
(3) Public Notice.
(A) Within ten (10) days of receiving
final closure and post-closure maintenance plans, CEPA shall mail
notices to those persons who request such notice in writing. CEPA
also may publish a notice in a newspaper of general circulation in
the County of San Diego.
(B) The notice of receipt shall state
the location(s) where the plans are available for review, the
mailing address to which comments are to be sent, and the date by
which comments must be received.
(C) CEPA shall maintain a current list
of all pending applications for review of final closure and post-closure
maintenance plans. These lists shall be made available to
the public at CEPA's offices during normal business hours.
(D) Written public comments on final
closure and post-closure maintenance plans shall be received by
CEPA for a period of forty-five (45) days from the date that the
plans were received.
(4) Evaluation by CEPA. CEPA shall ensure
that the closure and post-closure maintenance plans comply with
the requirements of these Regulations; that an Environmental Impact
Statement has been prepared that describes the project,
alternatives to the project, any related environmental impacts,
and mitigation measures to minimize any significant adverse
environmental impacts; that the plans comply with any disposal
facility permit conditions; and that the plans conform to any
existing planning and zoning requirements.
(5) Approval of Plans.
(A) Preliminary Plans.
CEPA shall prepare, within sixty (60)
days of submission of the plans by the operator, written comments
on the contents of the plans and those items that are deficient or
the preliminary closure and post-closure maintenance plans by the
operator, CEPA shall submit to the operator a written record of
approval or denial of the plans. If approval has been denied, CEPA
shall include in the written record the specific reasons for
denial.
(i) Prior to the denial of approval,
CEPA may negotiate with the operator to resolve differences that
may exist in order to facilitate approval of the preliminary
closure and post-closure maintenance plans.
(ii) If approval of the preliminary
closure and post-closure maintenance plans is denied, the operator
shall submit to CEPA a revised preliminary closure and post-closure
maintenance plan correcting the deficiencies specified in the
written record of denial.
(B) Final Plans.
Within ninety (90) days of the
submission of final closure and post-closure maintenance plans by
the operator, CEPA shall provide to the operator written comments
on the contents of the plan and those items that are deficient or
inaccurate. Within one hundred twenty (120) days of submission of
the final closure and post-closure maintenance plans by the
operator, CEPA shall submit to the operator a written record of
approval or denial of the final closure and post-closure
maintenance plans. If CEPA approves the final closure and post-closure
maintenance plans, the record of approval shall include
written comments concerning significant environmental points raised
during the evaluation process. If approval has been denied, CEPA
shall include in that written record the specific reasons for
denial.
(i) Prior to denial of the plans,
CEPA may negotiate with the operator to resolve differences that
may exist in order to facilitate approval of the final closure and
post-closure maintenance plans.
(ii) If approval of the final closure
and post-closure maintenance plans is denied, the operator shall
submit to CEPA a revised final closure and post-closure maintenance
plan containing the information deemed deficient in the written
record denial.
(iii) Final closure and post-closure
maintenance plans shall not be approved by CEPA if there
are feasible alternatives or feasible mitigation measures
identified during the review process which would substantially
lessen any significant impact which the activity may have on the
environment. (For purposes of this provision, "feasible" means
capable of being accomplished in a successful manner within a
reasonable period of time, taking into account economic factors,
and consistent with CEPA's responsibilities and duties.)
(j) Amendment of Closure and Post-closure
Maintenance Plans.
(1) The operator shall submit preliminary
closure and post-closure maintenance plans to CEPA for amendment
every five (5) years after a disposal facility permit is granted.
The form of application and the evaluation and approval of the plan
amendments shall be in accordance with the provisions of these
Regulations regarding initial applications.
(2) The plans shall be amended to reflect the
following:
(A) Any change in operating plans or
disposal facility design that would affect the implementation of
the closure and/or post-closure maintenance plans.
(B) Any change in the anticipated year
of closure.
(C) Any change in the financial mechanism
required by these Regulations if that financial mechanism was
changed in accordance with the procedures in these Regulations.
Any amendments made under this provision shall include
documentation verifying the cancellation of the previous financial
mechanism.
(D) Updates in the cost estimates to
reflect any changes. These updates shall be adjusted for inflation
that has occurred since the previous approval.
(3) CEPA shall conduct an inspection of the
disposal facility during its evaluation of the application. The
inspection shall review and confirm the need for changes proposed
in the amendments of the closure and post-closure maintenance plans
and any irregularities in operation or design that may warrant such
amendment. These results shall be included in the written comments
to the operator and may be cause for denial of approval of the
closure and post-closure maintenance plans.
(4) The operator shall submit, by March 1 of
each year, a report calculating the increase in the cost estimates
due to the inflation factor for the previous calendar year. The
inflation factor is derived from the annual Implicit Price Deflator
for Gross National Product as published annually by the U.S.
Department of Commerce in its Survey of Current Business, which is
incorporated by reference. The inflation factor is the result of
dividing the latest annual published deflator by the deflator for
the previous year. The operator shall increase the monetary amount
of the financial mechanism required by these Regulations based upon
this inflation factor. The mechanism may not be decreased other
than as a result of the closure and post-closure plan amendment
process.
(k) Certification of Closure.
(1) The operator shall submit to CEPA a
certification, made under penalty of perjury, that the disposal
facility has been closed in accordance with the approved
specifications in the final closure plan.
(2) The certification submitted by the
operator shall include a detailed, as-built description of all
environmental containment, monitoring, control, collection, and
recovery systems remaining at the disposal facility during the
post-closure maintenance period prepared by a registered civil
engineer or a certified engineering geologist. This detailed,
as-built description shall be incorporated into the approved
post-closure maintenance plan.
(3) Any needed changes to the operational
requirements of the approved post-closure maintenance plan based
upon the detailed, as-built description shall be included in the
certification and shall be incorporated into the approved
post-closure maintenance plan.
(4) The registered civil engineer or certified
engineering geologist shall conduct and prepare records of
inspections, and quality control and quality assurance
demonstrations, and other documentation necessary to support the
certification and the detailed, as-built description. Any
documentation supporting the registered civil engineer's or
certified engineering geologist's closure certification must be
retained by the operator and furnished to CEPA.
(1) Revision of Plans During Closure and Post-Closure
Maintenance.
(1) The operator shall follow the final
closure and post-closure maintenance plans approved pursuant to
these Regulations. Changes to approved final closure and post-closure
maintenance plans shall be limited to those events that
the operator reasonably could not have expected and must be
approved by CEPA.
(2) Post-closure maintenance plans may be
modified during the post-closure maintenance period upon approval
by CEPA if:
(A) The modification is to enhance
environmental control at the disposal facility;
(B) The modification is to reduce the
amount of control necessary, provided that the operator submits
and CEPA approves documentation identifying why a particular level
of control is no longer necessary; or
(C) The modification is to revise the
cost estimate for closure and/or post-closure maintenance at the
disposal facility either to increase or decrease the amount of
funds required in the financial mechanism.
(m) Release From Post-closure Maintenance. The
operator of a disposal facility may be released from the
requirements of these Regulations after a minimum period of thirty
(30) years upon demonstration to and approval by CEPA that the
disposal facility no longer poses a threat to the public health and
safety and the environment.
Section 505.35. Amendments to Permit Application.
(a) At any time after application for a solid waste
facility permit has been made and before issuance or denial of the
permit or modification thereof, the operator shall promptly notify
CEPA of any changes in any of the information required on the
application. Such notice shall be given by the filing of a
certified amendment to the application within five (5) business
days of the operator's first knowledge of the changes.
(b) If CEPA determines that the amendment
fundamentally alters the nature of the application or requires
extensive evaluation, within twenty (20) days of the filing of the
amendment CEPA may deem the amendment a new application,
superseding the previous application and incorporating unamended
portions of the previous application. In the event CEPA determines
that the amendment should be deemed a new application, the time for
CEPA to act on the amendment shall be computed from the date of
filing of the amendment. Any such determination by CEPA shall be
followed by written notice to the operator within five (5) business
days of the determination.
(c) For purposes of this Section, a permit shall
be deemed not to have been either issued or denied while a decision
of CEPA on the application is being appealed.
Section 505.36. Solid Waste Facility Permit Application Review.
(a) Filing of Application and Transmittal of
Copies.
(1) Upon its receipt, CEPA shall mark the
application with the date of receipt and shall examine the
application for conformity with the requirements of these
Regulations. If it is found to conform to the requirements of
these Regulations, the application shall be accepted and stamped
with the date and time of acceptance. The application shall be
deemed filed on the date of acceptance.
(2) If CEPA determines that the application
does not conform to the requirements of these Regulations, it shall
reject and shall not file the application, and it shall, within
five (5) business days of the determination, so notify the
operator, enumerating the grounds for the rejection. In such a
case, CEPA shall return all but one copy of the application to the
operator. The retained copy, together with the notice of
rejection, shall be kept in CEPA's files.
(3) CEPA shall either accept or reject the
application for filing within thirty (30) business days of its
receipt.
(4) CEPA may charge an application filing fee
at the time an application is submitted, which application fee
shall be returned by CEPA if an application is not accepted for
filing.
(5) The operator may submit an extra copy of
its application to CEPA, to be conformed to the original and
returned to the operator upon acceptance for filing. CEPA shall
comply with such a request, provided the operator has supplied it with a
stamped, addressed return envelope.
(b) Public Notice and Comment.
(1) CEPA shall maintain a current list of all
pending applications at its offices. The list shall be publicly
available during normal business hours.
(2) CEPA shall mail written notice of an
application to every person who has submitted a written request for
such notice.
(3) Written public comments on an application
shall be retained by CEPA.
(c) Proposed Permit; CEPA Review.
(1) No later than seventy-five (75) days after
filing of the application, CEPA shall provide to the operator a copy
of CEPA's proposed permit. CEPA shall make available for review a copy
of the proposed permit to any interested person. The proposed permit
shall contain the conditions CEPA proposes to include in the permit and
shall be accompanied by proposed findings to satisfy these Regulations.
The copy of the proposed permit provided to the operator shall be
accompanied by a form request for a hearing that the operator may use
to obtain a hearing before CEPA to challenge any term or condition of
the proposed permit.
(2) CEPA shall consider each proposed permit or
order at a public meeting at which any person may testify or offer
comments. Written comments may be submitted to CEPA for consideration
and will become part of the record of the action.
(d) Issuance of Permit; Final Environmental
Determination.
(1) Upon compliance with these Regulations
and the Solid Waste Code, CEPA may make findings and issue the permit
as provided in these Regulations. The permit shall specify the person
authorized to operate the facility and the boundaries of the facility.
The permit shall contain such conditions as are necessary to protect
the public health and safety and the environment and specify a design
and operations plan that the operator has demonstrated to be adequate
to control the adverse environmental effects of the facility.
(2) Copies of the permit (including conditions
specified therein), findings, and any documents setting forth CEPA's
final environmental determination shall be made available for
inspection and copying to any person so requesting.
(e) Denial of Permit.
(1) CEPA shall deny the permit when any of the
following occur:
(A) CEPA determines that the proposed
facility is not consistent with the Solid Waste Code or applicable
tribal or federal laws.
(B) CEPA determines that it will be
impossible to propose a permit that will be mutually satisfactory to
CEPA and the operator.
(C) Any other circumstances provided by
law.
(2) Upon denial of a permit, CEPA shall give
written notice of the denial to the operator and any other person who
has requested in writing that such notice be given. Notice to the
operator shall be accompanied by a form request for a re-hearing.
(3) An operator who desires a re-hearing on
the denial of a permit shall file with CEPA a written request for a
re-hearing within fifteen (15) days after receiving notice of the
denial of the permit.
Section 505.37. Application for Revision of Permit.
(a) Any operator proposing to make a significant
change in the design or operation of the facility shall, at least one
hundred twenty (120) days prior to the proposed modification, apply for
a revision of the permit. The Application shall be made in the manner
specified in these Regulations. Except as otherwise provided in this
Section, the application shall be handled in the same manner as an
application for a permit for a new facility. If CEPA determines that a
permit must be modified less than one hundred twenty (120) days after
the filing of an application for revision, it may waive the one hundred
twenty (120) day filing period.
(b) Any time before the revised permit is issued and
all appeals are final, the operator may withdraw the application and
surrender any permit that has been issued. In such a case, the permit
existing at the time of application for revision shall have the same
force and effect as would have had if the application for revision had
not been filed.
(c) A change shall be deemed significant for
purposes of this section if and only if it does not conform to terms or
conditions of the permit.
Section 505.38. Reinstatement of Suspended and Revoked Permits.
(a) If a permit has been suspended, it is
reinstated without further action on the date specified in the
suspension or upon completion of specified acts. A suspended
permit shall be due for review five (5) years after its original
issuance or last review or revision, including the period of
suspension.
(b) If a permit has been revoked, it may be
reinstated by application, no less than one (1) year after the
effective date of the revocation and no less than one (1) year
after any similar application. Such an application shall be made
in the manner specified in these Regulations and shall be handled
in the same manner as an application for a new permit; however,
nothing in this section is intended to prevent CEPA from
considering the revocation and grounds therefor in its
reinstatement decision. A permit reinstated after revocation shall
be due for review five (5) years after its reinstatement.
(c) No less than one (1) year after the effective
date of the revocation and no less than one (1) year after any
similar petition, a person whose permit has been revoked may
petition CEPA for reduction of the penalty. If the petition is
denied, the person is entitled to appeal.
Section 505.39. Review of Permits.
(a) Except as provided in these Regulations, every
permit shall be due for review five (5) years after its issuance,
most recent modification, most recent revision, or most recent
review. CEPA shall give the operator notice of the review no less
than one hundred fifty (150) days before it is due.
(b) No less than one hundred twenty (120) days
before the permit is due for review, the operator shall submit an
application for review of its permit. The application for review
shall be made in the manner specified in these Regulations for
permit applications.
(c) If CEPA determines upon review that revision
is not required, it shall give notice of its decision and the
reasons therefor to the operator and to any person who has
requested such notice in writing. The notice shall be set forth
on a form approved by CEPA.
(d) A solid waste facility permit does not expire
at the end of five (5) years absent an express permit term or
condition limiting the period of the permit.
March 8, 1992
PART 510
Solid Waste Storage and Removal Standards
Subpart A. General
Section 510.01. Applicability of Standards. The Regulations in
this Part shall apply to all facilities, equipment, or vehicles used for
storage, removal, or transport of solid waste.
Section 510.02. Compliance with Plan. After the effective date
of the Solid Waste Management Plan, solid waste storage and removal
shall comply with said Plan.
Section 510.03. Prohibition on Hazardous Waste. The acceptance,
handling, transportation, storage, or processing of hazardous waste by
operators and employees of solid waste collection or transportation
services on the Reservation is prohibited, provided that CEPA may
establish a program for the collection, transfer, storage,
transportation, and disposal off the Reservation of hazardous waste
generated or found on the Reservation.
Subpart B. Design and Operations Standards
Section 510.10. General. The owner, operator, and/or occupant of
any property, vacant or occupied, shall be responsible for the safe and
sanitary storage of all solid waste accumulated on the property.
Section 510.11. Storage. The property owner or occupant shall
store solid waste on his premises or property or shall require it to be
stored or handled in a manner that prevents the propagation, harborage,
or attraction of vectors and the creation of nuisances.
Section 510.12. Design Requirements. The design of any solid
waste storage facility shall provide for proper storage or handling
that will accommodate the solid waste loading anticipated and allow for
efficient and safe waste removal or collection.
Section 510.13. Collection Operator Responsibility. Where the
collection operator furnishes storage containers, he is responsible for
maintaining the containers in good condition, unless they are furnished
under other terms, conditions, or agreements. He shall plan with the
property owner, operator, and/or occupant the placement of storage
containers to minimize noise, traffic anesthetic, and other problems
both on the property and for the general public.
Section 510.14. Garbage Containers. Property owners, operators,
and occupants shall deposit all garbage and putrescible waste or mixed
garbage and rubbish either in containers that are non-absorbent,
water-tight, vector-resistant, durable, easily cleanable, and designed
for safe handling, or in paper or plastic bags having sufficient
strength and water tightness to contain refuse. Containers for garbage
and rubbish should be of an adequate size and in sufficient numbers to
contain without overflowing all the refuse generated at the property
within the designated removal period. Containers when filled shall not
exceed reasonable lifting weights for an average physically fit
individual, except where mechanical loading systems are used.
Containers shall be maintained in a clean, sound condition free from
putrescible waste.
Section 510.15. Identification of Containers. Containers of one
cubic yard or more owned by the collection service operator shall be
identified with the name and telephone number of the operator.
Section 510.16. Use of Container. No person shall tamper with,
modify, remove solid waste from, or deposit solid waste in any
container that has not been provided for his use without the permission
of the container owner.
Subpart C. Solid Waste Removal
Section 510.20. Frequency of Refuse Removal. The owner or
occupant of any property shall be responsible for the satisfactory
removal of all refuse accumulated on the property. To prevent
propagation, harborage, or attraction of vectors and the creation of
nuisances, refuse shall not be allowed to remain on the property for
more than seven days, except when: (1) disruptions due to strikes
occur; (2) severe weather conditions or "Acts of God" make collection
impossible using normal collection equipment; or (3) official holidays
interrupt the normal seven day collection cycle, in which case
collection may be postponed until the next working day. More frequent
removal of refuse may be required by CEPA.
Section 510.21. Regulation of Operators. Each person providing
residential, commercial, or industrial solid waste collection services
shall comply with all federal and tribal license, permit, or written
approval requirements applicable on the Reservation. Such written
approval shall be contingent upon the operator's demonstrated
capability to comply with the requirements of these Regulations and to
use equipment that is safe and sanitary. CEPA shall maintain a
complete listing of all collection operators within the Reservation.
The listing shall contain the name, office, address, telephone number,
and emergency telephone number of each operator, the number and types
of vehicles employed by the operator in providing solid waste
collection services, and the types of solid waste the operator is
authorized to handle.
Section 510.22. Operator Qualifications. When the Campo Band
authorizes or designates a person or firm to provide solid waste
collection services within the Reservation through contract, franchise,
permit, or license, CEPA shall obtain proof that such person or firm
has adequate financial resources and experience to properly conduct the
operation, including but not be limited to the following: (1) the
filing of a performance bond or equivalent security with the Campo Band
in a reasonable amount; and (2) evidence that the person or firm has
experience sufficient to meet the needs of the Campo Band.
Section 510.23. Ownership of Waste Materials. Solid waste
subject to collection by a collection service operator shall become the
property of the collection service operator and subject to the
requirements of these Regulations at the time the operator takes
possession of the solid waste.
Subpart D. Equipment
Section 510.30. Equipment Construction. All equipment used for
the collection and/or transportation of solid waste shall be durable,
easily cleanable, designed for safe handling, and constructed to
minimize noise and prevent loss of solid waste from the equipment
during collection or transportation. If such equipment is used to
collect or transport garbage, other wet or liquid producing solid
waste, or solid waste composed of fine particles, such equipment shall
be non-absorbent and leak resistant. All equipment shall be maintained
in good condition and cleaned in a frequency and manner adequate to
prevent the propagation, harborage, or attraction of vectors and the
creation of nuisances.
Section 510.31. Equipment Safety. Vehicles and equipment used
in the transport of solid waste shall be constructed and maintained in
a manner that minimizes the health and safety hazards to collection
personnel and the public.
Section 510.32. Equipment Parking. Refuse collection vehicles
shall not be parked on the streets, roads, or highways of the
Reservation, except in an emergency. A refuse collection service
operator must designate an off-street location where all refuse
collection vehicles will be parked when not in service. In case of an
emergency, a refuse collection service operator shall take all
reasonable measures to remove a vehicle from a street, road, or highway
as quickly as possible.
Section 510.33. Identification of Operator. Each vehicle used
in the collection or transportation of solid waste shall be clearly
marked with the name and telephone number of the agency or firm
operating the vehicle.
Section 510.34. Inspections by CEPA. Each vehicle used for
refuse collection shall be made available for inspection as requested
by CEPA.
March 8, 1992
PART 515
Financial Responsibility for Operating Liability Claims
Section 515.01. Scope and Applicability.
(a) This part requires operators of solid waste facilities
to demonstrate adequate financial ability to compensate third parties
for personal injury and property damage caused by facility operation
prior to closure.
(b) Operators of all solid waste facilities shall comply
with the requirements of this Part upon application to CEPA for
issuance, modification, revision, or review of a solid waste facilities
permit.
Section 515.02. Amount of Required coverage.
(a) An operator or one or more solid waste facilities
shall demonstrate financial responsibility for compensating third
parties for personal injury and property damage caused by accidental
occurrences or intentional acts in amounts to be determined by CEPA
for:
(1) each occurrence resulting in bodily injury or
death;
(2) each occurrence resulting in property damage;
and
(3) environmental damage and clean-up liabilities.
(b) The required amounts of coverage shall be exclusive of
legal defense costs and deductibles.
(c) An operator may use one or more mechanisms to provide
proof of financial assurance. If a trust fund is depleted to
compensate third parties for personal injuries or property damages
caused by accidental occurrences or intentional acts, the operator
shall, within one (1) year of the depletion, demonstrate financial
responsibility for the full amount of coverage required by these
Regulations by replenishing the depleted mechanism or acquiring
additional financial assurance mechanisms.
Section 515.03. Acceptable Mechanisms and Combinations of
Mechanisms.
(a) Subject to the limitations of this Section, an
operator shall use a mechanism or any combination of mechanisms that
are defined in the following Sections:
(1) Section 515.04, Trust Fund;
(2) Section 515.05, Insurance;
(3) Section 515.06, Financial Means Test; and/or
(4) Section 515.07, Corporate Guarantee.
(b) If a combination of mechanisms are chosen, the
operator shall designate one mechanism as "primary" and all others as
"excess" coverage. An operator may combine a financial means test with
a corporate guarantee only if, for the purpose of meeting the
requirements of the financial means test, the financial statements of
the operator are not consolidated with the financial statements of the
guarantor.
Section 515.04. Trust Fund.
(a) The trust fund shall have a trustee that is authorized
to act as a trustee and whose trust operations are regulated and
examined by a federal or state agency.
(b) The trust agreement shall be established by using CEPA
Form 515-1, which is incorporated by reference.
(c) If, at any time, the value of the trust fund is
greater than the required amount of coverage minus the amount of
coverage demonstrated by another mechanism, the operator may request in
writing that CEPA authorize the release of the excess funds. CEPA
shall review the request within ninety (90) days of receipt of the
request. If any excess funds are verified, CEPA shall instruct the
trustee to release the funds.
Section 515.05. Insurance.
(a) The issuer of the insurance policy shall be an
insurer or a risk retention group that, at a minimum, is licensed by
the California Department of Insurance to transact the business of
insurance in the State of California as an admitted carrier.
(b) Each insurance policy shall be either:
(1) Evidenced by a certificate of liability
insurance established by using CEPA Form 515-2, which is incorporated
by reference; or
(2) Amended and evidenced by a liability insurance
endorsement established by using CEPA Form 515-3, which is incorporated
by reference.
Section 515.06. Financial Means Test.
(a) To pass the financial means test, an operator or a
guarantor shall be a private entity and shall meet the criteria of this
Section based on independently audited year-end financial statements
for the latest completed fiscal year. The phrase "amount of liability
coverage to be demonstrated by the test" as used in this Section refers
to the amount of liability coverage required by this Part.
(b) The operator or guarantor shall have:
(1) Net working capital and tangible net worth each
at least six times the amount of liability coverage to be demonstrated
by the test;
(2) Tangible net worth of at least Forty Million
Dollars ($40,000,000.00); and
(3) Assets located in the United States amounting to
at least ninety percent (90%) of its total assets or at least six times
the amount of liability coverage to be demonstrated by the test.
(c) The operator or guarantor shall have:
(1) A current rating for its most recent bond
issuance of AAA, AA, A, or BBB issued by Standard and Poor's or Aaa,
Aa, A, or Baa issued by Moody's;
(2) Tangible net worth of at least six times the
amount of liability coverage to be demonstrated by the test;
(3) Tangible net worth of at least Forty Million
Dollars ($40,000,000.00); and
(4) Assets located in the United States amounting to
at least ninety percent (90%) of its total assets or at least six times
the amount of liability coverage to be demonstrated by the test.
(d) Within ninety (90) days after the close of each
financial reporting year, the operator or the guarantor shall submit
the following items to CEPA and, in the case of a guarantor, to the
operator;
(1) A letter on the operator's or guarantor's
official letterhead stationery that is worded and completed as
specified in either CEPA Form 515-4 or CEPA Form 515-5, and which
contains an original signature of the operator's or guarantor's chief
financial officer.
(A) An operator or guarantor shall use CEPA
Form 515-4 to demonstrate or guarantee financial responsibility for
liability coverage only. If the operator or guarantor is using a
similar financial means test to demonstrate liability coverage for
facilities in other jurisdictions, the operator shall list those
facilities on this test.
(B) An operator or guarantor shall use CEPA
Form 515-5 to demonstrate or guarantee financial responsibility for
both liability coverage and post-closure maintenance. If the operator
or guarantor is using a similar financial means test to demonstrate
liability coverage and post-closure maintenance for facilities in other
jurisdictions, the operator shall list those facilities and coverages
on this test.
(2) A copy of an independent certified public
accountant's report on examination of the operator's or guarantor's
financial statements for the latest completed fiscal year, with a copy
of the operator's or guarantor's financial statements for the latest
completed fiscal year.
(3) A letter from an independent certified public
accountant stating that:
(A) He or she has compared the data in the
letter from the chief financial officer specified as having been
derived from the financial statements for the latest completed fiscal
year of the operator or the guarantor, with the amounts in the
financial statements; and
(B) Based on the comparison, no matters came to
his or her attention that caused him or her to believe that the
specified data should be adjusted.
(4) If the operator or the guarantor is required to
make such a filing, a copy of the operator's or guarantor's most recent
form 10-K filed with the United States Securities and Exchange
Commission.
(e) CEPA may require updated financial statements at any
time from the operator or guarantor. If CEPA finds that the operator
no longer meets the financial means test requirements of this Section
based on such reports or other information, including but not limited
to credit reports and reports from federal, state, or tribal agencies,
the operator shall obtain alternate coverage within sixty (60) days
after receiving notification of such a finding.
(f) If an operator using the financial means test fails to
meet the requirements of the financial means test under this Section,
the operator shall obtain alternate coverage within sixty (60) days
after the determination of such failure.
(g) If the operator fails to obtain alternate coverage
within the times specified in this Section, the operator shall notify
CEPA by certified mail within three (3) days of such failure.
Section 515.07. Corporate Guarantee.
(a) The guarantor shall be:
(1) A parent corporation of the operator;
(2) A firm whose parent corporation is also the
parent corporation of the operator; or
(3) A firm engaged in a substantial business
relationship with the operator issuing the corporate guarantee as an
act incident to that business relationship.
(b) The guarantor shall meet the requirements of the
financial means test under this Part based on the guarantor's audited
year-end financial statements.
(c) The corporate guarantee shall be worded and completed
as specified by CEPA Form 515-6, which is incorporated by reference.
(d) The terms of the corporate guarantee shall specify
that, if the operator fails to satisfy a judgment or an award for
personal injury and property damage to third parties caused by
accidental occurrences or intentional acts, or fails to pay an amount
agreed in settlement of a claim arising from or alleged to arise from
such injury and damage, the guarantor shall satisfy such judgment,
award, or settlement agreement up to the limits of the corporate
guarantee.
(e) If the guarantor fails to meet the requirements of the
financial means test under this Part or proposes to terminate the
corporate guarantee, the guarantor shall send notice of such failure or
termination by certified mail to the operator and CEPA within ninety
(90) days of such failure or proposal. The corporate guarantee shall
terminate no less than sixty (60) days after the date that the operator
and CEPA have received the notice of such failure or proposal. The
guarantor shall establish alternate coverage as specified in this Part
on behalf of the operator within sixty (60) days after such notice,
unless the operator has done so.
(f) CEPA may require updated financial statements at any
time from a guarantor. If CEPA finds, on the basis of such reports or
information from other sources, including but not limited to credit
reports and reports from federal, state, or tribal agencies, that the
guarantor no longer meets the financial means test requirements of
these Regulations, CEPA shall notify the guarantor and operator of such
finding by certified mail. The guarantor shall establish alternate
coverage as specified in this Part on behalf of the operator within
sixty (60) days after such notice, unless the operator has done so.
Section 515.08. Substitution of Mechanisms by Operator.
(a) An operator may substitute any alternate financial
assurance mechanism as described in this Part, provided that the
operator informs CEPA of such substitution and at all times maintains
an effective mechanism or an effective combination of mechanisms that
satisfies the requirements of this Part.
(b) In the event an operator obtains alternate financial
assurance, it may request that CEPA terminate or authorize the
termination of the previous financial assurance mechanism. The
operator shall submit such a request in writing with evidence of the
establishment of an alternate financial assurance mechanism.
Section 515.09. Cancellation or Nonrenewal by a Provider of
Financial Assurance.
(a) Except as otherwise provided in this Part, a provider
of financial assurance may cancel or not renew a financial assurance
mechanism by sending a notice of termination by certified mail to the
operator and CEPA.
(b) Termination of a corporate guarantee shall occur no
less than sixty (60) days after the date on which the operator and CEPA
have received the notice of termination.
(c) Cancellation or nonrenewal of insurance coverage shall
occur no less than sixty (60) days after the date on which the operator
and CEPA have received the notice of termination, except in the case of
non-payment of insurance premiums, in which case cancellation shall
occur no less than ten (10) days after the date on which the operator
and CEPA have received the notice of termination.
Section 515.10. Bankruptcy or Other Incapacity of Operator or
Provider of Financial Assurance.
(a) Within ten (10) days after commencement of a voluntary
or involuntary proceeding under the Bankruptcy Code, 11 U.S.C. Sections
101-1330, in which:
(1) The operator is named as debtor, the operator
shall notify CEPA by certified mail of such commencement.
(2) A provider of financial assurance is named as
debtor, such provider shall notify the operator and CEPA by certified
mail of such commencement.
(b) An operator shall be deemed to be without the required
financial assurance in the event of bankruptcy of its provider of
financial assurance, or in the event of a suspension or revocation of
the authority of the provider of financial assurance to issue a
mechanism. If such an event occurs, the operator shall demonstrate
alternate financial assurance as specified in this Part within sixty
(60) days, after receiving notice of the event. If the operator
fails to obtain alternate financial assurance within sixty (60) days,
the operator shall notify CEPA within three (3) days of such
failure.
Section 515.11. Recordkeeping and Reporting.
(a) An operator shall maintain evidence of all financial
assurance mechanisms until the operator is released from the
requirements of this Part. This evidence shall be maintained at each
solid waste facility, whenever possible, or at an alternate location
designated by CEPA and accessible to the operator and CEPA.
(b) An operator shall maintain the following types of
evidence and shall maintain an original or a copy of each mechanism
used to demonstrate financial responsibility under this Part:
(1) An operator using a trust fund shall maintain a
copy of the trust agreement and statements verifying the current
balance of the fund.
(2) An operator using insurance shall maintain the
original or a copy of the insurance policy and the original or a copy
of the liability insurance endorsement or the certificate of liability
insurance.
(3) An operator using a financial means test shall
maintain a copy of he information specified in this Part.
(4) An operator using a corporate guarantee shall
maintain documentation of the corporate guarantee as specified in this
Part.
(c) An operator shall submit the documentation of current
evidence of financial responsibility listed in this Section to CEPA
whenever a financial assurance mechanism is established or amended:
(1) In the case of a trust fund, such documentation
shall include the original mechanism and a copy of the current
statement verifying the balance of the account;
(2) In the case of a financial means test or a
corporate guarantee, such documentation shall include the original
mechanism; and
(3) In the case of insurance, such documentation
shall include the original liability insurance endorsement or
certificate of liability insurance.
(d) An operator shall submit written notice to CEPA of the
number of claims paid and the total dollar amount paid as a result of
accidental occurrences at an operating facility. This information
shall be compiled for the previous calendar year and submitted to CEPA
by February 1 of each year.
Section 515.12. Release of an Operator from the Requirements.
(a) After receiving and approving certification of closure
from the operator as specified by these Regulations, CEPA shall notify
the operator and the provider of financial assurance, in writing, that
the operator is no longer required to demonstrate financial
responsibility for third party operating liability claims pursuant to
this Part at the particular solid waste facility.
(b) When operational control of a solid waste facility is
transferred, the existing operator shall remain subject to the
requirements of this Part until the new operator provides acceptable
financial assurances to CEPA.
March 8, 1992
PART 520
Recycling Facility Standards
Subpart A. General
Section 520.01. Applicability of Standards. These Regulations
shall apply to all recycling facilities on the Reservation.
Section 520.02. Compliance with Plan. Each recycling facility
constructed after the date of approval of the Solid Waste Management
Plan must comply with said Plan.
Section 520.03. Prohibition on Hazardous Waste.
(a) The receipt, acceptance, handling, storage,
or processing of hazardous waste at any recycling facility for recycling
on the Reservation is prohibited, provided that CEPA may establish a
program for the collection, transfer, storage, transportation, and
disposal off the Reservation of hazardous waste generated or found on
the Reservation. In the event an operator knows or has reason to
believe that hazardous waste has been received at the recycling
facility, the operator shall notify CEPA within two (2) hours of
discovery of such waste. CEPA shall not issue any exemption from this
Section.
(b) The operator of a recycling facility shall
implement a program to detect and prevent the acceptance, handling,
storage, processing, and recycling of hazardous waste. This program
shall include but not be limited to:
(1) Random inspections of incoming loads;
(2) Inspection of suspicious loads;
(3) Maintenance of records of inspections;
(4) Training of personnel to recognize
hazardous waste; and
(5) Procedures for notifying CEPA if
hazardous waste is discovered.
Subpart B. Design and Operating Standards
Section 520.11. Design.
(a) Design Responsibility. The designer of a
recycling facility shall use expert advice, as appropriate, from persons
competent in engineering, architecture, landscape design, traffic
engineering, soil, air, and water quality control, and design of
structures.
(b) General Design. The design of each recycling
facility shall be based on appropriate data regarding the service area,
anticipated nature and quantity of solid waste to be received,
climatological factors, physical setting, adjacent land uses (existing
and planned), types and numbers of vehicles anticipated to enter the
facility per day, drainage control, hours of operation, and other
pertinent information. If the recycling facility is to be used by the
general public, the design shall take into account features that may be
needed to accommodate such use.
(c) Public Health Design. The recycling facility
shall be designed to prevent the propagation, harborage, and attraction
of vectors and the creation of nuisances. Other factors that shall be
taken into consideration are soil, air, and water quality, noise
control, odor control, public safety, sanitation, and other matters
related to the protection of public health.
Section 520.12. Records.
(a) Volume Records. The operator shall maintain
records of weights and volumes of solid waste handled in a manner and
form approved by CEPA. Such records shall be sufficiently accurate for
overall planning and control purposes.
(b) Special Occurrences. The operator shall
maintain a log of the following: fires, personal injury, property
damage, accidents, explosions, deliveries or discharges of hazardous
waste, flooding, vandalism, contamination, pollution, and other unusual
occurrences.
(c) Inspection of Records. Recycling facility
records shall be open to inspection by authorized representatives of
CEPA and other regulatory and enforcement agencies during normal
business hours. If information is identified as proprietary or
confidential pursuant to the Solid Waste Code, CEPA shall treat it as
such.
Section 520.13. Personnel.
(a) Availability. The operator shall provide
adequate numbers of qualified personnel to staff the recycling facility
and deal effectively and promptly with matters of operation,
maintenance, environmental controls, records, emergencies, and health
and safety. Cross-training of personnel and development of standby
arrangements are encouraged.
(b) Training. The operator shall adequately
train personnel assigned to operate the recycling facility in subjects
pertinent to recycling facility operation and maintenance, emphasizing
safety, health, environment controls, and emergency procedures.
(c) Supervision. The operator shall provide
adequate supervision to insure proper operation of the recycling
facility and compliance with the requirements of these Regulations. The
operator shall advise CEPA of the names, addresses, and telephone
numbers of the operator, the recycling facility manager, and the
supervisor.
(d) Attendant. Any recycling facility that is
open to the public shall have an attendant on duty during operating
hours.
Section 520.14. Improvements.
(a) Identification Signs. Each point of access
to a recycling facility from a public road shall be identified by a sign
indicating the name of the operator and other pertinent general
information as may be required by CEPA.
(b) Entry Signs. If the recycling facility is
open to the public, the operator shall post a sign at an appropriate
location indicating the schedule of charges and hours of operation and
listing the general types of material that WILL be accepted and WILL NOT
be accepted.
(c) Security. The recycling facility shall have
an adequate perimeter barrier designed to discourage unauthorized entry
by persons or vehicles. Areas within the recycling facility that are
deemed hazardous by CEPA shall be separately fenced and properly
identified to create an adequate level of security.
(d) Office Space for CEPA. The operator shall
provide at no cost to CEPA sufficient office space for CEPA to conduct
its regulatory and enforcement activities.
(e) Roads. Roads serving the recycling facility
shall have reasonably smooth surfaces designed to minimize the
generation of dust and tracking material onto adjacent paved public
roads and shall be constructed to withstand regular and thorough
cleaning. Such roads shall allow vehicles using the facility to have
reasonable all-weather access to the facility.
(f) Visual Screening. Areas of the recycling
facility readily visible to the public shall be pleasant in appearance.
(g) Storage Containers and Equipment. Solid
waste storage containers shall be durable, easily cleanable, and
designed and constructed for safe handling and prevention of loss of
solid waste during storage. If such equipment is used to store garbage,
other wet or liquid producing solid waste, or solid waste composed of
fine particles, such equipment shall be non-absorbent and
leak-resistant. Unloading areas shall be designed and constructed for
safety, easy cleaning, and prevention of loss of solid waste. All
equipment shall be in good condition and cleaned in a frequency and
manner adequate to prevent the propagation, harborage, or attraction of
vectors and the creation of nuisances.
Section 520.15. Health and Safety.
(a) Sanitary Facilities, Water Supply, and
Communications Facilities. Each recycling facility shall have adequate
sanitary facilities, safe and adequate drinking water for station
personnel, and adequate communications facilities.
(b) Lighting. The recycling facility and/or
equipment shall be equipped with adequate lighting to insure safety, to
permit monitoring of the effectiveness of cleaning, and to permit the
inspection of loaded transfer vehicles.
(c) Fire Fighting Equipment. The operator shall
keep adequate fire suppression equipment available at the recycling
facility at all times.
(d) Protection of Users. The operator shall
design, construct, and operate the recycling facility so that contact
between users and solid waste is minimized. The operator shall provide
railings, curbs, grates, and fences as necessary to protect the public
and recycling facility personnel.
(e) Personnel Health and Safety Equipment.
Recycling facility personnel shall wear and use such safety equipment as
may be required by CEPA.
Section 520.16. Operations.
(a) Confined Unloading. The operator shall
confine unloading of solid waste to as small an area as practicable and
provide adequate controls to prevent and collect windblown materials.
(b) Cleaning. The operator shall collect and
dispose of all loose materials and litter and clean all boxes, bins,
pits, and other containers on a schedule approved by CEPA.
(c) Solid Waste Removal. The operator shall
remove solid waste that is deposited at the recycling facility and not
stored for resale or processing at least every 48 hours or in accordance
with a schedule approved by CEPA.
(d) Parking. Operators shall not park vehicles
on the streets, roads, or highways of the Reservation, except in an
emergency. The operator shall provide adequate off-street parking for
vehicles at the recycling facility. In case of an emergency, the
operator shall take all reasonable measures to remove a vehicle from a
street, road, or highway as quickly as possible.
(e) Scavenging. Scavenging is prohibited at any
recycling facility.
(f) Volume Reduction. Volume reduction
operations, such as baling or shredding, are permitted at a recycling
facility provided they are conducted in a controlled manner as an
integral part of the operation and in compliance with conditions
established by CEPA. Volume reduction activities shall not interfere
with other aspects of station operation and shall be controlled to
minimize health, safety, and/or nuisance problems.
(g) Storage. Recyclable material shall be
placed in storage in a defined area away from other recycling facility
operations and be limited to a volume approved by CEPA in order to:
(1) prevent the propagation, harborage, or attraction of vectors and the
creation of nuisances; and (2) minimize the risk of fire and other
hazards. CEPA may limit the maximum storage time.
(h) Limitations. The operator may not recycle or
salvage drugs, cosmetics, foods, beverages, hazardous chemicals,
poisons, infectious waste, pesticides, and other similar material
capable of impairing public health and safety.
(i) Burning Waste. If burning waste is received
at a recycling facility, the operator must deposit it in a safe area
away from unloading, processing, and transfer areas, structures on
adjacent properties, and other fire hazard areas, and extinguish it.
The operator shall seek advice and concurrence from CEPA regarding safe
areas and means of extinguishing burning wastes.
(j) Liquid Waste. The operator may not accept
liquid waste and sludge at a recycling facility unless the recycling
facility is properly equipped to handle such waste and the operator is
authorized to do so by CEPA.
Section 520.17. Controls.
(a) Nuisance Control. The operator shall operate
and maintain the recycling facility to prevent nuisance.
(b) Dust Control. The operator shall take all
necessary measures to minimize the creation of dust.
(c) Vector and Bird Control. The operator shall
take all necessary measures to prevent the propagation, harborage, or
attraction of vectors and to minimize bird problems.
(d) Drainage Control. The operator shall handle
drainage as specified in the recycling facility design. Drainage
leaving the recycling facility shall not contain solids, wastewater, or
leachate emanating from solid waste. Placement of drainage or cleanup
water in a sanitary sewer is prohibited unless approved by CEPA.
(e) Litter Control. The operator shall collect
and dispose of litter and loose material properly and frequently to
maintain a safe, sanitary, and attractive condition, subject to such
conditions as CEPA may impose.
(f) Noise Control. The operator shall control
noise to prevent health hazards to persons using the recycling facility
and nuisances to nearby residents.
(g) Odor Control. The recycling facility shall
not be a source of odor nuisances.
(h) Fire Control. The operator shall take all
necessary measures for prompt fire control as required by CEPA. The
operator shall provide for fire control protection on a full-time basis.
All elements of the fire control system shall be approved by CEPA,
including but not limited to equipment and qualifications of the
operator.
(i) Traffic Control. Traffic flow into, on, and
out of the recycling facility shall be in accord with the design intent
and in a manner that minimizes interference with operations and safety
problems. The operator shall control access to the facility to prevent
unauthorized vehicular traffic and illegal dumping of solid waste by
using artificial barriers, natural barriers, or both as appropriate to
protect human health and the environment.
Section 520.18. Equipment.
(a) General. The operator shall insure that
recycling facility equipment is sufficient to perform and capable of
performing according to the requirements of these Regulations.
(b) Standby Equipment. The operator shall
provide adequate standby equipment or maintain an up-to-date list of
firms or agencies that can supply needed and adequate replacement units
within a reasonable period of time.
(c) Transfer Vehicles. Transfer vehicles shall
be adequately covered and constructed of durable and easily cleanable
materials.
(d) Inspection of Equipment. The operator shall
make available equipment at the recycling facility for inspection as
requested by CEPA.
Section 520.19. Maintenance.
(a) The operator shall frequently monitor and
promptly repair or correct deteriorated or defective conditions in order
to meet the
requirements of these Regulations and the permit conditions. The
operator shall develop and follow effective preventive maintenance
procedures and programs for recycling facility equipment and facilities.
(b) A high standard of housekeeping is required
in the maintenance of station equipment. Accumulations of fuel drums,
parts, inoperable equipment, tires, scrap, and similar items must be
minimized and reasonably screened from view.
Section 520.20. Closure of Recycling Facilities. Within one
hundred twenty (120) days after cessation of recycling activities, the
operator shall decommission, decontaminate, and remove all environmental
control systems and equipment. All structures and improvements shall be
decontaminated. Any environmental control systems or equipment that
cannot be decontaminated shall be removed from the site and delivered to
a disposal facility authorized to accept such solid waste. If the
recycling facility site cannot be decontaminated, it shall be closed as
a sanitary landfill. A certificate of closure, prepared by a registered
civil engineer or a certified engineering geologist, shall be submitted
to CEPA upon completion of closure.
March 8, 1992
PART 530
Disposal Facility Standards
Subpart A. General
Section 530.01. Applicability of Standards. These Regulations
shall apply to all disposal facilities and to all equipment used at
disposal facilities on the Reservation.
Section 530.02. Compliance with Plan. Each disposal facility
constructed after the date of approval of the Solid Waste Management
Plan must comply with said Plan.
Section 530.03. Prohibition on Hazardous Waste.
(a) The receipt, acceptance, handling, storage,
processing, or disposal of hazardous waste at any solid waste disposal
facility for disposal on the Reservation is prohibited, provided that
CEPA may establish a program for the collection, transfer, storage,
transportation, and disposal off the Reservation of hazardous waste
generated or found on the Reservation. If an operator knows or has
reason to believe that hazardous waste has been received at a solid
waste disposal facility, the operator shall notify CEPA within two (2)
hours of discovery of such waste. CEPA shall not issue any exemption
from this Section.
(b) The operator of a solid waste disposal
facility shall implement a program to detect and prevent the receipt,
acceptance, handling, storage, processing or disposal of hazardous
waste. This program must include at a minimum:
(1) Random inspections of incoming loads;
(2) Inspection of suspicious loads;
(3) Maintenance of records of inspections;
(4) Training of personnel to recognize
hazardous waste; and
(5) Procedures for notifying CEPA if
hazardous waste is discovered at the facility.
Subpart B. Design and Operating Standards
Section 530.11. Design.
(a) Design Responsibility. Design of a disposal
facility shall be under the direction of a civil engineer registered in
the State of California. The designer shall use expert advice from
persons competent in soils, hydrology, geology, landscape design, soil,
air, and water quality control, chemistry, and other disciplines.
(b) General Design. The operator shall base the
design of each disposal facility site on appropriate data regarding the
service area, anticipated nature and quantity of solid waste to be
received, climatological factors, physical setting, adjacent land uses
(existing and planned), types and number of vehicles anticipated to
enter the disposal facility site, ground and surface water, leachate
control, soils, drainage, provisions for monitoring, venting,
controlling, and possible use of disposal facility decomposition gases,
and other pertinent information. If the disposal facility is to be
used by the general public, the design shall take into account features
that may be needed to accommodate such public use.
(c) Public Health Design. The operator shall
design the disposal facility site to prevent the propagation, harborage,
and attraction of vectors and the creation of nuisances. Other factors
that shall be taken into consideration are soil, air, and water quality,
noise control, odor control, dust control, public safety, sanitation,
and other matters related to the protection of public health.
(d) Ultimate Use of Site. The operator shall
show in the disposal facility site design one or more proposed ultimate
uses of the site toward which the operator will direct his efforts, or
shall show development as open space graded to harmonize with the
setting and landscaped with native shrubbery or low-maintenance ground
cover.
Section 530.12. Records.
(a) Maintenance of Records. Copies of all
reports, records, analytical data, and other documents required by these
Regulations shall be maintained in the operating record at the disposal
facility, unless CEPA has authorized storage of the records at an
alternative location. The operator shall submit written notice to CEPA
when required documents have been placed in the operating record.
(b) Weight and Volume Records. The operator
shall maintain records of weights, volumes, and types of solid waste
accepted in a form and manner approved by CEPA. Such records shall be
accurate to within three percent (3%) and shall be adequate for overall
planning and control purposes and for forecasting the rate of filling.
(c) Subsurface Records. The operator shall
maintain adequate records regarding length and depth of any cuts made in
natural
terrain where fill will be placed, together with the depth to the
groundwater table. The operator shall also adequately record other cuts
that may affect the safe and proper operation of the disposal facility
or cause damage to adjoining properties.
(d) Special Occurrences. The operator shall
maintain a log of the following: fires, earthslides, unusual or sudden
settlement, personal injury, property damage, accidents, explosions,
deliveries or discharge of hazardous waste or other material not
permitted at the disposal facility site, flooding, vandalism,
contamination, pollution, and other unusual occurrences.
(e) Other Required Records. The operator shall
record, as it becomes available, and permanently maintain the following
information:
(1) Any location restriction demonstration
data required by these Regulations;
(2) Any demonstration, certification,
finding, monitoring, testing, or analytical data required by these
Regulations;
(3) Inspection records, training procedures,
and notification procedures required under any random load inspection
program;
(4) Closure and post-closure maintenance
plans as required by these Regulations; and
(5) All cost estimates and financial
assurance documentation required by these Regulations.
(f) Inspection of Records. Disposal facility
records shall be open to inspection by authorized representatives of
CEPA and other regulatory and enforcement agencies during normal
business hours. If information is identified as proprietary or
confidential pursuant to the Solid Waste Code, CEPA shall treat it as
such.
Section 530.13. Personnel.
(a) Availability. The operator shall provide
adequate numbers of qualified personnel to staff the disposal facility
and deal effectively and promptly with matters of operation,
maintenance, environmental controls, records, emergencies, and health
and safety. Cross-training of personnel and development of standby
arrangements are encouraged.
(b) Training. The operator shall adequately
train personnel assigned to operate the disposal facility in subjects
pertinent to disposal facility operation and maintenance, emphasizing
safety, health, environmental controls, and emergency procedures.
(c) Supervision. The operator shall provide
adequate supervision to insure proper operation of the disposal facility
and compliance with the requirements of these Regulations. The operator
shall advise CEPA of the names, addresses, and telephone numbers of the
operator, the disposal facility manager, and the supervisor.
(d) Attendant. Any disposal facility that is
open to the public shall have an attendant on duty during operating
hours.
Section 530.14. Improvements.
(a) Identification Signs. Each point of access
to a disposal facility from a public road shall be identified by a sign
indicating the name of the operator and containing other pertinent
general information as may be required by CEPA.
(b) Entry Signs. If the disposal facility is
open to the public, the operator shall post a sign at an appropriate
location indicating the schedule of charges and hours of operation and
listing the general types of materials that WILL be accepted and WILL
NOT be accepted.
(c) Security. The disposal facility shall have
an adequate perimeter barrier designed to discourage unauthorized entry
by persons or vehicles. Areas within the disposal facility where open
storage or ponding of material occurs or which CEPA deems hazardous
shall be separately fenced and properly identified to create an adequate
level of security.
(d) Office Space for CEPA. The operator shall
provide at no cost to CEPA at least five hundred (500) square feet of
office space at the disposal facility site.
(e) Roads. Roads serving the disposal facility
shall have reasonably smooth surfaces designed to minimize the
generation of dust and the tracking of material onto adjacent paved
public roads. Such roads shall allow vehicles using the disposal
facility to have reasonable all-weather access to the facility. Roads
within the disposal facility site shall be kept in safe condition,
maintained such that vehicle access and unloading can be carried on
during inclement weather, and identified with suitable signs showing
direction to the operating area.
Section 530.15. Health and Safety.
(a) Sanitary Facilities and Water Supply. The
operator shall provide adequate sanitary facilities and safe and
adequate drinking water for disposal facility personnel.
(b) Communications Facilities. The operator
shall provide communications facilities available to users and to
disposal facility personnel to allow quick response to emergencies by
the appropriate authorities and emergency services.
(c) Lighting. The operator shall equip the
disposal facility and/or equipment with adequate lighting to insure
safety and to permit monitoring of the effectiveness of cover and
compaction operations.
(d) Fire Fighting Equipment. The operator shall
keep adequate fire suppression equipment available at the disposal
facility at all times.
(e) Personnel Health and Safety. Disposal
facility personnel shall use such safety equipment as may be required by
CEPA.
Section 530.16. Operations.
(a) Confined Unloading. The operator shall
confine unloading of solid waste to as small an area as practicable and
provide adequate control and collection of windblown material. The
operator shall deposit solid waste at the toe of the fill or as
otherwise approved by CEPA.
(b) Spreading and Compacting. The operator shall
spread and compact solid waste in layers with repeated passages of
equipment to eliminate voids within the cell that may produce potential
harborage for vectors as rapidly as practicable. The loose layer shall
not exceed a depth of two feet before compaction.
(c) Slopes and Cuts. The operator shall maintain
the slope of the working face at a ratio that will allow effective
compaction of the solid waste. The depth of cuts and slopes of trench
sides shall not exceed horizontal to vertical ratios approved by CEPA.
(d) Final Site Face. The final site face shall
be neat and shall not be steeper than a horizontal to vertical ratio of
one and three-quarters to one (1 3/4:1). CEPA may require flatter
slopes or benches for establishment of ground cover, erosion control, or
aesthetic purposes. CEPA may grant a waiver of maximum slope if it
determines such is justified.
(e) Stockpiling. The placement of stockpiled
cover material or unsuitable native material shall not interfere with
unloading, spreading, compacting, access, safety, drainage, or other
operations.
(f) Cover.
(1) Daily Cover. In order to prevent
propagation, harborage, or attraction of vectors, to control disposal
facility fires, and to prevent the creation of nuisances, the operator
shall compact cover material to a minimum thickness of six (6) inches
and place cover material over all surfaces of the compacted solid waste
at the disposal facility on a daily basis or at more frequent intervals
if required by CEPA. CEPA may establish different cover and compaction
requirements for special operating practices, including but not limited
to disposal of shredded waste. Daily cover shall be designed and
constructed to minimize percolation of precipitation through wastes.
The operator shall arrange
(k) Liquid Waste. The operator may accept liquid
waste and sewage sludge at the disposal facility only as specifically
approved by CEPA.
(l) Dead Animals. Dead animals may be accepted
at a disposal facility only as specifically approved by CEPA.
Section 530.17. Controls.
(a) Nuisance Control. The operator shall operate
and maintain the disposal facility to prevent nuisance.
(b) Animal Feeding. Feeding of refuse to animals
is prohibited. CEPA may permit grazing of livestock away from operating
areas.
(c) Fire Control. The operator shall take all
necessary measures for prompt fire control as required by CEPA. The
operator shall provide for fire control protection on a full-time basis.
All elements of the fire control system shall be approved by CEPA,
including but not limited to equipment and qualifications of the
operator.
(d) Dust Control. The operator shall take all
necessary measures to minimize the creation of dust.
(e) Vector and Bird Control. The operator shall
take all necessary measures to prevent the propagation, harborage, or
attraction of vectors and to minimize bird problems.
(f) Drainage and Erosion Control. The operator
shall provide adequate drainage. If erosion occurs, the operator shall
repair it promptly and take appropriate measures to prevent further
erosion.
(g) Contact with Water. The operator shall not
deposit solid waste in such a manner that it has direct contact with
either surface water or groundwater.
(h) Grading of Fill Surfaces. The operator shall
grade covered surfaces of the disposal facility to promote lateral
runoff of precipitation and to prevent ponding and establish grades of
sufficient slopes to account for future settlement of the fill surface.
CEPA may authorize other effective maintenance methods.
(i) Litter Control. The operator shall routinely
collect litter and loose material to maintain a safe, sanitary, and
attractive condition, and subject to any permit conditions.
(j) Noise Control. The operator shall control
noise to prevent health hazards to persons using the disposal facility
and nuisances to nearby residents.
(k) Odor Control. The disposal facility shall
not be a source of odor nuisances.
(l) Ponded Liquid. The operator shall design and
operate any ponds used for holding liquid from the leachate control
system to prevent propagation, harborage, and attraction of vectors.
The operator shall consider water depth, side slopes, weed control, and
the protection of wildlife in designing and operating such ponds.
(m) Explosive Gas Control. The operator shall
implement all necessary measures to prevent concentrations of methane
gas at levels in excess of the requirements of these Regulations.
(n) Access Control. The operator shall control
access to the disposal facility to prevent unauthorized vehicular
traffic and illegal dumping of waste by using artificial barriers,
natural barriers, or both as appropriate to protect human health and the
environment.
(o) Leachate Control. The operator shall
implement adequate measures to monitor, collect, treat, and effectively
dispose of leachate.
Section 530.18. Equipment.
(a) General. The operator shall insure that
disposal facility equipment is sufficient to perform and capable of
performing according to the requirements of these Regulations.
(b) Standby Equipment. The operator shall
provide adequate standby equipment or maintain an up-to-date list of
firms or agencies that can supply needed and adequate replacement units
within a reasonable time.
Section 530.19. Maintenance.
(a) Applicability. Maintenance procedures and
programs for equipment and site facilities shall be developed and
followed throughout the active life and the closure and post-closure
maintenance periods of all solid waste disposal facilities.
(b) General. The operator shall frequently
monitor and promptly repair or correct deteriorated or defective
conditions in order to meet the requirements of these Regulations and
the permit conditions. The operator shall develop and follow effective
preventive maintenance procedures and programs for disposal facility
equipment and facilities.
(c) Inspection Upon Completion. The operator
shall notify CEPA at least ten (10) days prior to completion or
suspension of work at a disposal facility so that a site inspection may
be conducted prior to removal of earth moving equipment.
(d) Recording. The operator, at the beginning of
disposal facility use and upon closure of the facility, shall file a
detailed description of the disposal facility, including but not limited
to a map, with CEPA and the Bureau of Indian Affairs.
Section 530.20. Periodic Site Review.
From the date of issuance of the permit, at least once each year,
or more frequently as determined by CEPA, the operator shall cause a
registered civil engineer to review the disposal facility design,
implementation, and operation plan to determine if any revisions are
necessary and to estimate the remaining facility life. The conclusions
and recommendations of this review shall be presented in a report and
filed with CEPA.
Subpart C. Construction Standards
Section 530.31. General Construction Criteria. All disposal
facilities on the Reservation shall comply with the construction
requirements of these Regulations. The operator shall design and
construct Class II and Class III disposal facilities to prevent
migration of solid waste, leachate, and constituents from the disposal
facility site to adjacent or underlying geologic materials, groundwater,
or surface water during disposal operations, closure, and the
post-closure maintenance period. Each Class II disposal facility shall
be designed and constructed for the containment of the specific solid
waste that will be discharged.
Section 530.32. Containment Structures.
(a) Design. Containment structures shall be
designed by and construction shall be supervised and certified by a
registered civil engineer or a certified engineering geologist, and
CEPA shall conduct a final inspection and approve of the construction
before use of the disposal facility commences. The operator shall
maintain the integrity of containment structures. Excavations made as
part of disposal operations shall not result in removal of any portion
of a containment structure.
(b) Construction Material. Material used in
containment structures shall have appropriate chemical and physical
properties to ensure that such structures do not fail to contain solid
waste because of pressure gradients (including but not limited to
hydraulic head and external hydrogeologic forces), physical contact with
the solid waste or leachate, chemical reactions with soil and rock,
climatic conditions, the stress of installation, or the stress of daily
operation.
(c) Permeability. Permeabilities specified for
containment structures other than cover shall be relative to the
liquids, including solid waste and leachate, to be contained.
Permeabilities specified for final cover shall be relative to water.
The operator shall determine permeability using procedures established
in the Quality Assurance/Quality Control Manual. The results of
laboratory tests with both water and leachate and field tests with water
shall be compared to evaluate how the field permeabilities will be
affected by leachate. The operator may use appropriate compaction tests
in conjunction with laboratory permeability tests to determine field
permeabilities as long as a reasonable number of field permeability
tests also are conducted.
Section 530.33. Liners.
(a) Clay Liners. Clay liners shall consist of a
mixture of clay and other suitable fine-grained soils compacted to
attain the required permeability of not greater than 1 X 10(-7) cm/sec
when installed and having the following characteristics:
(1) At least 30 percent of the material, by
weight, shall pass a No. 200 U.S. Standard sieve.
(2) The materials shall be fine-grained
soils with a significant clay content and without organic matter, in the
"SC" (clayey sand), "CL" (clay, sandy, or silty clay), or "CH" (Clay,
sandy clay) classes of the Unified Soil Classification System.
(b) Synthetic Liners. Synthetic liners shall be
made of high-density polyethylene produced specifically for the
containment of the types of solid waste to be disposed of at the
disposal facility.
(c) Installation. Liners shall be installed to
cover all natural geologic material at a disposal facility likely to be
in contact with solid waste or leachate.
(d) Class III Disposal Facilities. A Class III
disposal facility shall have a composite liner system consisting of a
clay liner that is a minimum of two (2) feet thick, overlain by a
synthetic liner that is at least sixty (60) mils thick.
(e) Class II Disposal Facilities. A Class II
disposal facility, that is not a surface impoundment, shall have a
composite liner system consisting of a clay liner that is a minimum of
three (3) feet thick, overlain by a synthetic liner that is at least
sixty (60) mils thick.
(f) Surface Impoundments. Surface impoundments
for the collection of leachate shall have a double liner system
consisting of a composite liner, as required for Class II disposal
facilities, and an overlying synthetic liner that is at least sixty (60)
mils thick. The overlying synthetic liner shall be placed over the
leachate collection and removal system required under these Regulations.
Section 530.34. Leachate Collection and Removal Systems.
(a) System Required; Exemption. Leachate
collection and removal systems are required for all disposal facilities.
The operator shall control, remove, treat, and dispose of leachate to
prevent its migration from the disposal facility. Class II disposal
facilities and waste piles that contain only dry solid waste (not
including decomposable waste) may operate without leachate collection
and removal systems if the operator demonstrates to the satisfaction of
CEPA, based on climatic and hydrogeologic conditions, that leachate will
not be formed in the disposal facility.
(b) Installation; Design and Operation. Leachate
collection and removal systems shall be installed immediately above a
composite liner system or between the inner and outer liner of a
double-liner system, and shall be designed, constructed, maintained, and
operated to collect and remove twice the maximum anticipated daily
volume of leachate from the disposal facility. CEPA shall specify
design and operating requirements in the permit conditions to ensure
that there is no buildup of hydraulic head on the liner and that the
maximum depth of leachate remains less than thirty (30) cm. The depth
of fluid in the collection sump shall be kept at the minimum needed to
ensure efficient pump operation. The operator shall design and operate
the leachate collection and removal system to function without clogging
through the active life and closure and post-closure maintenance
periods. Leachate collection and removal systems shall consist of a
permeable subdrain layer that covers the bottom of the disposal
facility and extends as far up the sides as possible
(i.e., blanket-type). The system shall be of sufficient strength to
prevent collapse under the pressures exerted by overlying solid waste,
cover material, and any equipment used at the disposal facility.
(c) Testing. The operator shall test the
leachate collection and removal system at least annually to demonstrate
proper operation and provide the results of such tests to CEPA. The
operator shall compare the results of the tests with earlier tests made
under comparable conditions.
Section 530.35. Subsurface Barriers.
(a) General. Subsurface barriers are cutoff
walls or grout curtains that are used in conjunction with natural
geologic materials to assure that the lateral permeability requirements
of these Regulations are satisfied.
(b) Cutoff walls.
(1) Cutoff walls are required at disposal
facilities where there is potential for lateral movement of liquid,
including solid waste or leachate.
(2) Cutoff walls shall be a minimum of two
feet thick for clay materials or a minimum of 60 mils thick for
synthetic material and keyed a minimum of five feet into natural
geologic material that satisfies the applicable permeability
requirements of these Regulations.
(3) If cutoff walls are used, excavations
for disposal facilities shall be keyed into natural geologic materials
that satisfy applicable permeability requirements of these Regulations.
(4) At closure of a waste pile or surface
impoundment, the operator shall remove and dispose of all contaminated
natural geologic material present between the cutoff wall(s) and the
solid waste at an authorized location, or the facility shall be closed
as a sanitary landfill.
(5) Cutoff walls shall have liquid
collection systems installed upgradient of the structure. The operator
shall design, construct, operate, and maintain the systems to prevent
the buildup of hydraulic head against the structure. The operator shall
inspect the collection system regularly and remove accumulated fluid.
(c) Grout Curtains.
(1) With prior approval by CEPA, grout
curtains may be used as needed to prevent lateral waste movement through
fractures in natural geologic materials that otherwise satisfy the
applicable permeability requirements of these Regulations. The operator
may grout only fractures that are at or near the surface and are of
limited vertical extent.
(2) The operator shall consider the depth
and nature of fracturing and fracture orientation in determining the
acceptability of grout curtains.
(3) Grout characteristics shall not be
adversely affected by liquid, including but not limited to solid waste
and leachate, or natural conditions.
(4) Optimum grouting pressure and placement
of grout holes shall be determined by test grouting.
Section 530.36. Precipitation and Drainage Controls.
(a) Design and Construction. The operator shall
design and construct disposal facilities and containment structures to
limit, to the greatest extent possible, ponding, infiltration,
inundation, erosion, slope failure, washout, and overtopping in the
event of a twenty-four (24) hour storm with a 100-year return period.
The operator shall design and construct diversion and drainage
facilities to accommodate the anticipated volume of precipitation and
peak flows from surface runoff in the event of
a twenty-four (24) hour storm with a 100-year return period.
(b) Operation. The operator shall grade cover
material to divert precipitation from the disposal facility to prevent
ponding of surface water over solid waste and to resist erosion in the
event of a twenty-four (24) hour storm with a 100-year return period.
The operator shall empty collection and holding facilities associated
with precipitation and drainage control systems immediately following
each storm or otherwise manage them to maintain the design capacity of
the systems.
(c) Leachate Collection and Removal System. The
operator shall collect and manage precipitation on disposal facilities
or waste piles that is not diverted by cover or drainage control systems
through the leachate collection and removal system, which the operator
shall design and construct to accommodate a twenty-four (24) hour storm
with a 100-year return period.
(d) Outside Drainage. The operator shall direct
surface and subsurface drainage from outside the disposal facility away
from the disposal facility.
(e) Runoff. Runoff from the active face of any
solid waste disposal facility shall not cause a discharge of pollutants
into the waters of the United States, including wetlands, which violates
any requirement of the Clean Water Act, 33 U.S.C. Sections 1251 et seq.
Section 530.37. Seismic Design. The operator shall design Class
II disposal facilities to withstand the maximum horizontal acceleration
associated with the maximum credible earthquake without damage to the
foundation or to the structures that control leachate, surface drainage,
erosion, or gas. The operator shall design Class III disposal
facilities to withstand the maximum expected horizontal acceleration
depicted on a seismic hazard map, with a 90 percent or greater
probability that the acceleration will not be exceeded in 250 years, or
the maximum expected horizontal acceleration based on a site-specific
seismic risk assessment without damage to the foundation or to the
structures that control leachate, surface drainage, erosion, or gas.
Section 530.38. Surface Impoundments.
(a) Design and Construction. Surface
impoundments shall have sufficient freeboard to accommodate seasonal
precipitation and a twenty-four (24) hour storm with a 100-year return
period, but in no case less than two (2) feet (measured vertically).
The operator shall design and construct surface impoundments to prevent
over-topping as a result of wind conditions likely to accompany such
precipitation conditions. CEPA may allow a freeboard of less than 2
feet at interior surface impoundments of a disposal facility where
potential overflows would be to exterior surface impoundments, the
operation implements a properly developed water balance plan, and the
disposal facility has a fail-safe emergency retention area solely for
the purpose of containing discharges due to surface impoundment
failures. The operator shall design and construct surface impoundments
to prevent scouring of containment structures at points of discharge
into the impoundments and by wave action at the waterline.
(b) Operation. The operator shall submit an
operation plan to CEPA providing operation levels and solid waste input
quantities permitted each month based on anticipated precipitation and
on past precipitation conditions for the year. Direct pipeline discharge
to surface impoundments shall either be equipped with devices or have
fail-safe operating procedures to prevent overfilling. The operator
shall stop discharges in the event of any containment system failure
that causes a threat to water quality. Discharges from a surface
impoundment are prohibited except as authorized by permit conditions.
(c) Inspection. The operator shall inspect all
visible portions of synthetic liners weekly until all free liquid is
removed from the surface impoundment as part of closure. If, during the
active life of the surface impoundment, the solid waste is removed and
the bottom of the impoundment cleaned down to the liner, CEPA shall make
an inspection of the bottom of the liner prior to refilling the
impoundment.
Subpart D. Water Quality Protection
Section 530.40. Applicability.
(a) The water quality protection requirements of
these Regulations are intended to detect leaks at disposal facilities
and to provide a corrective action program should containment features
fail to prevent leakage of solid waste from disposal facilities.
Operators shall comply with the requirements of these Regulations for
detecting, characterizing, and responding to releases to groundwater,
surface water, or the unsaturated zone.
(b) These Regulations apply during the active
life of the disposal facility, the closure period, and the post-closure
maintenance period.
Section 530.41. Assurance of Financial Responsibility. Prior to
discharging solid waste, the operator shall obtain and maintain
assurances of financial responsibility meeting the requirements of these
Regulations for initiating and completing corrective action for all
known or reasonably foreseeable releases from the disposal facility.
Section 530.42. Required Programs.
(a) The operator shall conduct a monitoring and
response program approved by CEPA as follows.
(1) The operator shall institute a detection
monitoring program.
(2) If there is statistically significant
evidence of a release of any constituent from the disposal facility
during a detection monitoring program, the operator shall institute an
evaluation monitoring program.
(3) If there is significant physical
evidence of a release of any constituent, the operator shall institute
an evaluation monitoring program. Significant physical evidence of a
release includes but is not limited to unexplained volumetric changes in
surface impoundments, unexplained stress in biological communities,
unexplained changes in soil characteristics, visible signs of leachate
migration, and unexplained water table mounding beneath or adjacent to
the disposal facility.
(4) If evaluation monitoring establishes
that any water quality protection standard has been exceeded at or
downgradient of the points of compliance, the operator shall institute a
corrective action program subject to such conditions as may be imposed
by CEPA.
(b) CEPA shall specify in permit conditions the
type or types of monitoring programs required and the specific elements
of each
such program. CEPA shall require one or more of the programs described
in Subsection (a) of this Section that is appropriate for the prevailing
state of containment at the disposal facility and shall specify the
circumstances under which each of the programs shall be required. In
deciding whether to require the operator to institute a particular
monitoring program, CEPA shall consider the potential adverse effects on
human health and the environment that might occur before CEPA could act
on an application to modify permit conditions to incorporate such a
program.
(c) If an operator is required to institute an
evaluation monitoring program or a corrective action program, the
operator shall continue to conduct a detection monitoring program as
necessary to provide the best assurance of the detection of subsequent
releases of any constituent.
Section 530.43. Water Quality Protection Standards.
(a) CEPA shall establish a water quality
protection standards in the permit conditions. Water quality protection
standards shall consist of the list of constituents that are reasonably
expected to be in or derived from waste discharged to each disposal
facility or to upgradient facilities, the concentration limits, the
points of compliance, and all monitoring points. Water quality
protection standards shall apply during the active life of the disposal
facility, the closure period, the post-closure maintenance period, and
any compliance period.
(b) If an operator is conducting an evaluation
monitoring program or a corrective action program in conjunction with
the detection monitoring program, CEPA may establish separate water
quality protection standards for each program.
Section 530.44. Concentration Limits.
(a) The operator shall propose for each
constituent one of the following for each medium (including but not
limited to groundwater, surface water, and the unsaturated zone):
(1) A concentration limit not to exceed the
background value of that constituent;
(2) A concentration limit equal to the
background value of that constituent; or
(3) A concentration limit greater than the
background value for a corrective action program.
(b) CEPA shall review the concentration limits
proposed by the operator, approve, modify, or disapprove each proposed
limit, and specify each concentration limit in the permit conditions.
CEPA may approve more than one concentration limit for different
monitoring points in the same medium only if:
(1) More than one background condition
exists within a particular medium;
(2) The statistical method approved for a
constituent uses intra-groundwater monitor well comparison procedures;
or
(3) Concentration limits greater than the
background values have been established for a corrective action program
at the monitoring points in the zone affected by a release from the
disposal facility.
(c) For a corrective action program, CEPA may
establish a concentration limit for a constituent that is greater than
the background value of that constituent if CEPA finds that it is
technologically or economically infeasible to achieve the background
value and that the constituent will not pose a substantial present or
potential hazard to human health or the environment as long as the
concentration limit is not exceeded. In making this finding, CEPA shall
consider the results of the engineering feasibility study, data
submitted by the operator to support the proposed concentration limit,
public testimony on the proposal, and any additional data obtained
during the evaluation monitoring program.
(d) CEPA shall not establish a concentration
limit that is greater than the background value of a constituent unless
the operator demonstrates and CEPA finds that the constituent will not
pose a substantial present or potential hazard to human health or the
environment if the concentration limit is not exceeded. In establishing
a concentration limit greater than the background value for a
constituent, CEPA shall consider the potential adverse effects on
groundwater and surface water quality and beneficial uses, considering:
(1) The volume and physical and chemical
characteristics of the solid waste in the disposal facility;
(2) The hydrogeological characteristics of
the disposal facility and surrounding land;
(3) The current and potential future uses of
surface water and groundwater in the area;
(4) The existing quality of surface water
and groundwater, including other sources of contamination or pollution
and their cumulative impact on water quality;
(5) The quantity of groundwater and the
direction of groundwater flow;
(6) The proximity and withdrawal rates of
groundwater users;
(7) The patterns of precipitation in the
region;
(8) The proximity of the disposal facility
to surface waters;
(9) The potential for health risks caused by
human exposure to constituents;
(10) The potential damage to wildlife, crops,
vegetation, and physical structures caused by exposure to constituents;
and
(11) The persistence and permanence of the
potential adverse effects.
(e) In no event shall a concentration limit for a
constituent greater than the background value established under this
Section exceed the lowest concentration that the operator demonstrates
and CEPA finds is technologically and economically achievable. No
provision of this section shall be taken to allow a concentration limit
greater than background to exceed the maximum concentration that would
be allowed under other applicable statutes or regulations (e.g., Maximum
Concentration Limits established under the federal Safe Drinking Water
Act, 42 USC Section 300f, et seq.).
(f) In proposing concentration limits greater
than background, the operator shall evaluate risk to any biological
receptor under this Section for groundwater as if exposure would occur
at the point of compliance. Proposals for concentration limits greater
than background shall include a demonstration that the aggregate of
hazardous constituents in the environment will not result in excessive
exposure to a sensitive biological receptor. In the absence of
scientifically valid data to the contrary, theoretical risks from
from chemicals associated with the release from the disposal facility
shall be considered additive across all media of exposure, and shall be
considered additive for all chemicals having similar toxicological
effects or carcinogenic effects.
(g) A concentration limit greater than background
value may only be applied during corrective action or during detection
monitoring following corrective action at monitoring points at which
statistically significant evidence of the release has been determined.
(h) When a detection monitoring program
incorporating a concentration limit greater than background value is
reinstated after a corrective action program has been terminated, each
such concentration limit shall be re-evaluated during each review of the
permit conditions or at least every five (5) years. If CEPA, upon
re-evaluation, determines that the concentration of a constituent in
groundwater, surface water, or the unsaturated zone is lower than its
associated concentration limit by a statistically significant amount,
the concentration limit for that constituent shall be lowered to reflect
current water quality.
Section 530.45 Monitoring Points, Points of Compliance, and the
Compliance Period.
(a) CEPA shall specify in the permit conditions
the points of compliance at which water quality protection standards
shall be applied. A point of compliance is a vertical surface located
at the hydraulically downgradient limit of the discrete unit that
extends through the uppermost aquifer underlying the facility.
(b) CEPA shall specify in permit conditions
monitoring points at the point of compliance and any additional
monitoring points at which the water quality protection standards apply
and at which monitoring shall be conducted.
(c) CEPA shall specify in permit conditions the
compliance period during which water quality protection standards apply.
The compliance period is the active life of the disposal facility, plus
the closure period and the post-closure maintenance period. The
compliance period is the minimum period of time during which the
operator shall conduct a water quality monitoring program subsequent to
a release from the facility. The compliance period begins anew each
time the operator initiates an evaluation monitoring program meeting the
requirements of these Regulations.
(d) If the operator is engaged in a corrective
action program at the end of the specified compliance period, that
period will be extended until the operator can demonstrate that water
quality protection standards have not been exceeded for a period of
three (3) consecutive years.
Section 530.46. General Water Quality Monitoring and System
Requirements.
(a) General. The operator shall comply with the
requirements of this Section for any water quality monitoring program.
(b) Groundwater Monitoring System. The operator
shall establish a groundwater monitoring system for each discrete unit
of a disposal facility. The groundwater monitoring system shall
include:
(1) For all monitoring and response
programs, a sufficient number of background monitoring points installed
at appropriate locations and depths to yield groundwater samples from
the uppermost aquifer that represent the quality of groundwater that has
not been affected by a release from the disposal facility;
(2) for a detection monitoring program, a
sufficient number of monitoring points installed at appropriate
locations and depths to yield groundwater samples:
(A) from the uppermost aquifer that
represent the quality of groundwater passing the point of compliance and
to allow the detection of a release from the disposal facility;
(B) from the uppermost aquifer to
provide the best assurance of the earliest possible detection of a
release from the disposal facility.
(C) from portions of the zone of
saturation, including but not limited to other aquifers not monitored
pursuant to Subparagraphs (A) and (B) of this Paragraph to provide the
best assurance of the earliest possible detection of a release from a
disposal facility;
(D) from zones of perched water to
provide the best assurance of the earliest possible detection of a
release from the disposal facility; and
(E) from monitoring point locations
and depths that include the zone(s) of highest hydraulic conductivity in
each groundwater body monitored pursuant to this subsection.
(3) For an evaluation monitoring program, a
sufficient number of monitoring points installed at appropriate
locations and depths to yield groundwater samples:
(A) from the uppermost aquifer that
represent the quality of groundwater passing the point of compliance
and at other locations in the uppermost aquifer to provide the data
needed to evaluate changes in water quality due to the release from
the disposal facility;
(B) from portions of the zone of
saturation, including but not limited to other aquifers, not monitored
pursuant to Subparagraph (A) of this Paragraph to provide the data
needed to evaluate changes in water quality due to the release from the
disposal facility; and
(C) from zones of perched water to provide
the data needed to evaluate changes in water quality due to the release
from the disposal facility.
(4) For a corrective action program, a
sufficient number of monitoring points installed at appropriate
locations and depths to yield groundwater samples:
(A) from the uppermost aquifer that
represent the quality of groundwater passing the point of compliance and
at other locations in the uppermost aquifer to provide the data needed
to evaluate the effectiveness of the corrective action program;
(B) from portions of the zone of
saturation, including but not limited to other aquifers, not monitored
pursuant to Subparagraph (A) of this Paragraph to provide the data
needed to evaluate the effectiveness of the corrective action program;
and
(C) from zones of perched water to provide
the data needed to evaluate the effectiveness of the corrective action
program.
(5) The groundwater monitoring system may
include background monitoring points that are not hydraulically
upgradient of the disposal facility if the operator demonstrates to the
satisfaction of CEPA that sampling at other wells will provide an
indication of the background quality of groundwater that is
representative or is more representative than that provided by the
upgradient wells.
(6) The operator shall file copies of
drillers' logs with CEPA in a form approved by CEPA.
(7) The operator shall:
(A) case and construct all monitoring
wells in a manner that maintains the integrity of the monitoring well
bore hole and prevents the bore hole from acting as a conduit for
contaminant transport;
(B) screen and fit the sampling interval
of each monitoring well with an appropriate filter pack to enable
collection of representative groundwater samples;
(C) seal the annular space of each
monitoring well (the space between the bore hole and well casing)
above and below the sampling interval to prevent entry of contaminants
from the ground surface, entry of contaminants from the unsaturated
zone, cross-contamination between portions of the zone of saturation,
and contamination of samples:
(D) adequately develop each monitoring
well to enable collection of representative groundwater samples;
(E) provide to CEPA documentation of the
design, installation, development, and decommissioning of any
monitoring wells, piezometers and other measurement, sampling, and
analytical devices and place such documentation in the operating
record; and
(F) operate and maintain the monitoring
wells, piezometers, and other measurements, sampling, and analytical
devices so that they perform to design specifications throughout the
life of the monitoring program.
(c) Surface Water Monitoring Systems. The operator
shall establish a surface water monitoring system to monitor each
surface water body that could be affected by a release form the
disposal facility. Each surface water monitoring system shall include
a sufficient number of monitoring points established at appropriate
locations and depths to yield samples:
(1) from each surface water body that
represent the quality of water that has not been affected by a release
from the disposal facility;
(2) for a detection monitoring program, from
each surface water body that provide the best assurance of the
earliest possible detection of a release from the disposal facility;
(3) for an evaluation monitoring program, from
each surface water body that provide the data necessary to evaluate
changes in water quality due to the release from the disposal facility;
and
(4) for a corrective action program, from each
surface water body that provide the data to evaluate compliance with
the water quality protection standards and to evaluate the
effectiveness of the corrective action program.
(d) Unsaturated Zone Monitoring System.
(1) The operator shall establish an
unsaturated zone monitoring system. The unsaturated zone monitoring
system shall include a sufficient number of monitoring points
established at appropriate locations and depths to yield soil-pore
liquid samples or soil-pore liquid measurements:
(A) that represent the quality of
soil-pore liquid that has not been affected by a release from the
disposal facility;
(B) for a detection monitoring program,
that provide the best assurance of the earliest possible detection of a
release from the disposal facility;
(C) for an evaluation monitoring program,
that provide the data to evaluate changes in water quality due to the
release from the disposal facility; and
(D) for a corrective action program, that
provide the data to evaluate compliance with the water quality
protection standards and to evaluate the effectiveness of the
corrective action program.
(2) The operator shall install background
monitoring points at a background plot having soil characteristics
similar to those of the soil underlying the disposal facility.
(3) CEPA shall require liquid recovery types of
unsaturated zone monitoring (e.g., the use of lysimeters) unless the
operator demonstrates to the satisfaction of CEPA that such methods
cannot provide an indication of a release from the disposal facility.
CEPA shall require complementary or alternative types of unsaturated
zone monitoring to provide the best assurance of the earliest possible
detection of a release from the disposal facility.
(4) The operator shall conduct unsaturated zone
monitoring unless the operator demonstrates to the satisfaction of CEPA
that such methods cannot provide an indication of a release from the
disposal facility. CEPA shall require complementary or alternative
types of unsaturated zone monitoring to provide the best assurance of
the earliest possible detection of a release from the disposal
facility.
(4) The operator shall conduct unsaturated
zone monitoring unless the operator demonstrates to the satisfaction of
CEPA that there is no unsaturated zone monitoring device or method
designed to operate under the subsurface conditions existent at that
disposal facility.
(e) General Monitoring Requirements.
(1) All monitoring systems shall be designed
and certified by a registered geologist or a registered civil engineer.
The operator will follow the monitoring procedures established in the
Quality Assurance/Quality Control Manual.
(2) All monitoring wells and all other borings
drilled to satisfy the requirements of these Regulations shall be
logged during drilling under the direct supervision of a registered
geologist. Geologic/drilling, well construction, and well sampling
logs shall be filed with CEPA, on forms approved by CEPA, upon
completion of drilling. Soil shall be described in the geologic log
according to the United Soil Classification System. Rock
shall be described in the geologic log in a manner
appropriate for the purpose of the investigation. Where
possible, the depth and thickness of saturated zones shall be recorded
in the geologic log.
(3) The water quality monitoring program shall
include consistent and appropriate sampling and analytical procedures
that accurately measure monitoring parameters and constituents to
provide a reliable indication of water quality at all monitoring points
and background monitoring points. At a minimum, the program shall
include a detailed description of the procedures and techniques for:
(A) sample collection;
(B) sample preservation and shipment;
(C) analytical procedures;
(D) quality assurance and quality
control; and
(E) chain of custody control.
(4) The water quality monitoring program shall
include appropriate sampling and analytical methods for groundwater,
surface water, and the unsaturated zone that accurately measure the
concentration of each constituent and the concentration or value of
each monitoring parameter. Monitoring samples shall not be
field-filtered prior to laboratory analysis.
(5) The operator shall collect all data
necessary for selecting the appropriate statistical methods and for
establishing the background values required by these Regulations. The
operator shall take a minimum of one sample quarterly from each
background monitoring well for a period of one year, including the
times of expected highest and lowest annual elevations of the
groundwater surface. The operator shall collect this data before solid
waste is discharged at the disposal facility and collect background
soil-pore liquid data from beneath the disposal facility before the
facility is constructed.
(6) Based on data collected pursuant to these
Regulations, the operator shall propose a statistical method for each
constituent and for each monitoring parameter. CEPA shall approve this
method and specify it in the permit conditions, and the operator shall
use it in evaluating water quality monitoring data. The specifications
for each statistical methods shall include a detailed description of
the criteria to be used for determining statistically significant
evidence of any release from the disposal facility and for determining
compliance with the water quality protection standards. Each
statistical test specified for a particular constituent or parameter
shall be conducted separately for that constituent or parameter at each
monitoring point. Where practical quantitation limits are used to
comply with the requirements of these Regulations, the practical
quantitation limit shall be approved by CEPA. The operator shall
demonstrate that use of the proposed statistical methods will comply
with the performance standards of these Regulations.
(7) The operator shall propose one of the
following statistical methods:
(A) A parametric analysis of variance
(ANOVA) followed in all instances by a multiple comparisons procedure
to identify statistically significant evidence of a release from the
disposal facility. The method shall include estimation and testing of
the contrasts between each monitoring point's mean and the background
mean value for each constituent or parameter;
(B) An ANOVA based on ranks followed in
all instances by a multiple comparisons procedure to identify
statistically significant evidence of a release from the disposal
facility. The method shall include estimation and testing of the
contrasts between each monitoring point's median and the background
median values for each constituent or monitoring parameter;
(C) A tolerance or prediction interval
procedure in which an interval for each constituent or monitoring
parameter is established from the distribution of the background data,
and the value for each constituent or monitoring parameter at each
monitoring point is compared to the upper tolerance or prediction
limit;
(D) A control chart approach that gives
control limits for each constituent or monitoring parameter; or
(E) Any statistical test method proposed
by the operator and approved by CEPA, including but not limited to any
statistical method that includes a procedure to verify that there is
statistically significant evidence of a release from the disposal
facility. If the statistical test method includes a verification
procedure, this procedure shall include either a single "composite"
retest (i.e., a statistical analysis that augments and reanalyzes the
data from the
monitoring point that indicated a release) or shall consist of at lease
two "discrete" retests (i.e., statistical analyses each of which
analyzes only newly-acquired data from the monitoring point that
indicated a release). The verification procedure shall comply with the
following requirements in addition to the statistical performance
standards under Paragraph (8) of this Subsection:
(i) If the verification procedure
consists of discrete retests, rejection of the null hypothesis for any
one of the retests shall be considered confirmation of significant
evidence of a release;
(ii) The number of additional
samples collected and analyzed for use in the verification procedure
shall be appropriate for the form of statistical test specified in the
permit conditions for that constituent or parameter. The number of
additional samples shall be greater than or equal to the number of
samples specified in the permit conditions for that constituent or
monitoring parameter.
(iii) If resampling at the interval
identified for use in the initial statistical test pursuant to these
Regulations would cause the entire resampling effort to take longer
than thirty (30) days, the sampling interval for use in the verification
procedure shall be reduced to insure that all samples are collected and
submitted for laboratory analysis within thirty (30) calendar days from
the time that the operator determines statistically significant
evidence of a release pursuant to these Regulations;
(iv) For a verification procedure
containing a composite retest, the statistical verification procedure
shall be based on all data obtained from the initial sampling event
combined with all data obtained during the resampling event. For a
verification procedure containing discrete retests, each retest shall
analyze data obtained during its respective resampling event(s) and no
data shall be shared between retests;
(v) The Type I error for
statistical methods employing a retest procedure shall be as follows:
(a) For a verification
procedure containing a composite retest, the statistical test method
used in the verification procedure shall be the same as the method used
in the initial statistical comparison, except that the statistical test
used in the verification procedure shall be conducted at a Type I error
rate of no less than 0.05 for both the experiment-wise analysis (if
any) and the individual monitoring point comparisons. Therefore, if a
control chart approach is used to evaluate water quality monitoring
data, the upper limit on an X-Bar or R-Chart must be set at no more
than 1.645 standard deviations of the statistic plotted for a one-sided
statistical comparison or at no more than 1.96 standard deviations of
the statistic plotted for a two-sided statistical comparison;
(b) For a verification
procedure containing discrete retests, t he statistical test method used
shall be the same as the method used in the initial statistical
comparison. Notwithstanding any provision of Paragraph (8) of this
subsection, the critical value for the tests shall be chosen so that
the Type I error rate for all individual monitoring point comparisons
is the same, whether for an initial test or for a retest, and is
equal-to-or-greater-than either
(1-[0.95](1/[M*W*S]))(0.5)*(1/R)(0.5) or
1-(0.99)(1/S),
whichever is larger, where: M = the number of monitoring parameters;
W = the number of monitoring points at the disposal facility; S = the
number of times that suites of monitoring data from the disposal
facility are subjected to initial statistical analysis within a period
of six months (i.e., S is greater than or equal to 1); and R = the
number of discrete retests that are to be conducted at a monitoring
point whose initial statistical analysis for a given constituent or
monitoring parameter has indicated the presence of a release (i.e., R
is equal to or greater than 2);
(vi) The operator shall report to
CEPA by certified mail the results of both the initial statistical test
and the results of the verification procedure, as well as all
concentration data collected for use in these tests with seven (7) days
of the last laboratory analysis of the samples collected for the
verification procedure; and
(vii) The verification procedure
shall only be performed for the constituent(s) that has shown
statistically significant evidence of a release and the monitoring
point(s) at which a release is indicated.
(8) Each statistical method chosen under these
Regulations and specified in the permit conditions shall comply with
the following performance standards for each six month period:
(A) The statistical method used to
evaluate water quality monitoring data shall be appropriate for the
distribution of the constituent or monitoring parameter to which it is
applied and shall be the least likely of the appropriate methods to
fail to identify a release from the disposal facility. If the
distribution of a constituent or monitoring parameter is shown by the
operator to be inappropriate for a normal theory test, then the data
shall be either transformed so that the distribution of the transformed
data is appropriate for a normal theory test or a distribution-free
theory test shall be used. If the distributions for the constituents
or monitoring parameters differ, more than one statistical method may
be needed.
(B) If an individual monitoring point
comparison procedure is used to compare an individual monitoring point
constituent concentration or monitoring parameter value with a
concentration limit in the water quality protection standards or with a
background monitoring parameter value, the test shall be done at a Type
I error rate of no less than 0.01. If a multiple comparisons procedure
is used, the Type I experiment-wise error rate shall be no less than
0.05, but a Type I error rate of no less than 0.01 for each individual
monitoring point comparison shall be maintained. This performance
standard does not apply to tolerance intervals, prediction intervals,
or control charts.
(C) If a control chart approach is used
to evaluate water quality monitoring data, the specific type of control
chart and its associated statistical parameter values (e.g., the upper
control limit) shall be proposed by the operator and approved by CEPA.
CEPA shall approve the procedure only if it finds the procedure to be
protective of human health and the environment. Any control charting
procedure must have a false-positive rate of no less than one percent
(1%) for each monitoring point charted (e.g., upper control limits on
X-bar or R-Charts used only once every six months must be set at no
more than 2.327 standard deviations of the statistic plotted for a
one-sided statistical comparison or no more than 2.576 standard
deviations of the statistic plotted for a two-sided statistical
comparison).
(D) If a tolerance interval or a
prediction interval is used to evaluate water quality monitoring data,
the levels of confidence and, for tolerance intervals, the percentage
of the population that the interval must contain shall be proposed by
the operator and approved by CEPA. CEPA may approve the parameters
only if it fins the statistical parameters to be protective of human
health and the environment. These statistical parameters shall be
determined after consideration of the number of samples in the
background data base, the data distribution, and the range of the
concentrations or values for each constituent or monitoring parameter.
The coverage of any tolerance interval used must be no more than
ninety-five percent (95%), and the confidence coefficient must be no
more than ninety-five percent (95%) for a six month period. Prediction
intervals must be constructed with an experiment-wise error rate of no
less than five percent (5%) and an individual monitoring point error
rate of no less than one percent (1%).
(E) The statistical method shall account
for data below the practical quantitation limit with one or more
statistical procedures that are protective or human health and the
environment. Any practical quantitation limit approved by CEPA that is
used in the statistical method shall be the lowest concentration or
value that can be reliably achieved within limits of precision and
accuracy specified in the permit conditions for routine laboratory
operating conditions that are available to the disposal facility. CEPA
shall consider the practical quantitation limits listed in Appendix IX
to Chapter 14 of Division 4.5 of Title 22, California Code of
Regulations for guidance when specifying limits of precision and
accuracy in the permit conditions.
(F) If necessary, the statistical methods
shall include procedures to control or correct for seasonal and spatial
variability as well as temporal correlation in the data.
(G) Any quality control procedure that is
approved by CEPA for application to water quality data from
downgradient monitoring points for a monitored medium shall also be
applied to all newly-acquired background data from that medium. Any
newly-acquired background monitoring datum that is rejected by an
approved quality control procedure shall be maintained in the facility
record but shall be excluded from use in statistical comparisons with
downgradient water quality data.
(9) Based on the data collected pursuant to
these Regulations and the statistical methods proposed by the operator,
the operator shall propose and justify a procedure for determining a
background value for each constituent and monitoring parameter
specified in the permit conditions. These procedures shall be proposed
for groundwater, surface water, and the unsaturated zone. The operator
shall propose one of the following for approval by CEPA:
(A) A procedure for determining a
background value for each constituent and parameter that does not
display appreciable variation; or
(B) A procedure for establishing and
updating a background value for a constituent or parameter to reflect
changes in the background water quality if the use of contemporaneous
or pooled data provides the greatest power to the statistical method
for that constituent or parameter.
(10) Upon approval of the procedures for
determining background values, CEPA shall specify in the permit
conditions one of the following for each constituent and monitoring
parameter:
(A) A background value established by the
operator pursuant to these Regulations; or
(B) A detailed description of the
procedure to be used by the operator for establishing and updating a
background value pursuant to these Regulations.
(11) For each constituent and monitoring
parameter listed in the permit conditions, the operator shall propose
for approval by CEPA the sampling methods to be used for monitoring.
CEPA shall specify in the permit conditions sampling methods
consistent with the following:
(A) The number and kinds of samples
collected shall be appropriate for the form of statistical test used.
following generally accepted statistical principles. The sample size
shall be as large as necessary to insure with reasonable confidence
that:
(i) For a detection monitoring
program, a release from the disposal facility will be detected;
(ii) For an evaluation monitoring
program, changes in water quality due to a release form the disposal
facility will be recognized; and
(iii) For a corrective action
program, compliance with the water quality protection standards and
effectiveness of the corrective action program will be determined; and
(B) The sampling method (including the
sampling frequency and the interval of time between successive samples)
shall be appropriate for the medium from which samples are taken (e.g.,
groundwater, surface water, and soil-pore liquid). For groundwater,
sampling shall be scheduled to include the times of expected highest
and lowest elevations of the potentiometric surface. The sampling
method shall assure, to the greatest extent possible, that independent
samples are obtained. In addition to any pre-sampling purge prescribed
in the QA/QC Manual, groundwater monitoring wells shall be purged
immediately after sampling is completed in order to remove all residual
water that was in the well bore during the sampling event so as to
assure the independence of samples from successive sampling events.
The volume of well water to be withdrawn from the well bore for the
post-sampling purge shall be determined by the same method used to
determine adequate pre-sampling purging. The sampling method selected
shall include either:
(i) A sequence of at least four
samples collected at least semi-annually form each monitoring point and
background monitoring point and statistical analysis carried out at
least semi-annually. CEPA shall require more frequent sampling and
statistical analysis where necessary to protect human health or the
environment; or
(ii) Not less than one sample
collected quarterly from each monitoring point and background
monitoring point and statistical analysis performed at least quarterly.
(12) The groundwater portion of the monitoring
program shall include an accurate determination of the groundwater
surface elevation and field parameters (temperature, electrical
conductivity, turbidity, and pH) at each well each time groundwater is
sampled.
(13) The 9operator shall graph all analytical
data from each monitoring point and background monitoring point and
shall submit these graphs to CEPA at least once annually, except that
graphs are not required for constituents for which no new data has been
collected since the previous graph submittal. Graphs shall be at a
scale appropriate to show trends or variations in water quality. All
graphs for a given constituent shall be plotted at the same scale to
facilitate visual comparison of monitoring data. Unless the operator
receives written approval from CEPA to use an alternate procedure that
more effectively illustrates trends or variations in the data, each
graph shall represent data from one monitoring point or background
monitoring point and one constituent or monitoring parameter.
(14) In addition to the water quality sampling
conducted pursuant to these Regulations, the operator shall measure the
water level in each well and determine groundwater flow rate and
direction in the uppermost aquifer and in any zones of perched water
and in any additional portions of the zone of saturation monitored
pursuant to these Regulations each time groundwater is sampled. Water
elevations in wells that monitor the same discrete unit must be
measured within a period of time short enough to avoid temporal
variations if ground-water flow which could preclude accurate
determination of ground-water flow rate and direction.
(15) Water quality monitoring data collected
pursuant to these Regulations, including but not limited to actual
values of constituents and parameters, shall be maintained in the
operating records of the disposal facility. CEPA shall specify in the
permit conditions when the data shall be submitted for review.
Section 530.47 Detection Monitoring Program.
(a) The operator shall install water quality
monitoring systems that are appropriate for detection monitoring and
that comply with the requirements of these Regulations.
(b) The operator shall establish a background value
in the manner specified in these Regulations for each monitoring
parameter specified pursuant to these Regulations and for each
constituent.
(c) CEPA shall specify the water quality protection
standard in the permit conditions.
(d) The operator shall propose for approval by CEPA
a list of monitoring parameters for each medium (groundwater, surface
water, and the unsaturated zone) to be monitored. The list for each
medium shall include those physical parameters, constituents, and
reaction products that provide a reliable indication of a release from
the disposal facility to that medium. The list for groundwater shall
include, at a minimum, the constituents listed in Appendix 1 of this
Part. CEPA shall specify monitoring parameters in the permit
conditions after considering the following factors:
(1) The types, quantities, and concentrations
of constituents in solid waste disposed of at the disposal facility.
(2) The expected or demonstrated correlation
between the proposed monitoring parameters and the constituents.
(3) The mobility, stability, and persistence
of constituents or their reaction products.
(4) The detectability of physical parameters,
constituents, and reaction products.
(5) The background values and the coefficients
of variation of proposed monitoring parameters in groundwater, surface
water, and the unsaturated zone.
(e) The operator shall monitor for the monitoring
parameters listed in the permit conditions. CEPA shall specify the
frequencies for collecting samples and conducting statistical analyses.
(f) In addition to monitoring for the monitoring
parameters specified pursuant to Subsection (d), the operator shall
periodically monitor for all constituents specified in the permit
conditions and determine whether there is statistically significant
evidence of a release for any constituent, using the statistical
procedure specified in these Regulations. CEPA shall specify in the
permit conditions the frequencies and locations for monitoring pursuant
to t his Subsection after considering the degree of certainty
associated with the expected or demonstrated correlation between values
for monitoring parameters and values for constituents. Monitoring
pursuant to this Subsection shall be conducted at least every two (2)
years.
(g) The operator shall maintain a record of water
quality analytical data as measured and in a form necessary for the
determination of statistical significance required by these
Regulations.
(h) For each monitoring point, the operator shall
determine whether there is statistically significant evidence of a
release from the disposal facility for any monitoring parameter
specified in the permit conditions at the frequency specified by CEPA
in the permit conditions.
(1) In determining whether statistically
significant evidence of a release from the disposal facility exists,
the operator shall use the method(s) specified in the permit
conditions. This method(s) shall be used to compare data collected at
the monitoring point(s) with the background water quality data.
(2) The operator shall determine whether there
is statistically significant evidence of a release from the disposal
facility at each monitoring point within a reasonable period of time
after completion of sampling. CEPA shall specify in the permit
conditions what period of time is reasonable, after considering the
complexity of the statistical test and the availability of laboratory
facilities to perform the analysis of samples.
(3) This section does not preclude CEPA from
making an independent finding that there is statistically significant
evidence of a release from the disposal facility. If CEPA makes such a
finding, the operator shall comply with the requirements of these
Regulations regarding responses to statistically significant evidence
of a release from the disposal facility.
(i) If the operator determines that there is
statistically significant evidence of a release from the disposal
facility, the operator:
(1) Shall immediately notify CEPA verbally of
the finding and shall provide written notification by certified mail
within seven (7) days of such determination. The notification shall,
for each affected monitoring point, identify the monitoring parameters
and constituents that have indicated statistically significant evidence
of a release from the disposal facility; and
(2) Immediately initiate the verification
procedure, pre-approved by CEPA pursuant to these Regulations, to
verify that there is statistically significant evidence of a release
from the disposal facility for a parameter or constituent that has
indicated a release at a monitoring point.
(j) If a verification procedure performed pursuant
to this Section confirms that there is statistically significant
evidence of a release from the disposal facility the operator shall:
(1) Immediately sample all monitoring points
in the affected medium and determine the concentration of all
constituents found in Appendix II of 40 C.F.R. Part 258. For any
constituents that is detected in the downgradient wells for which a
concentration limit has not been established pursuant to these
Regulations, a minimum of four independent samples from each background
and downgradient monitoring well must be collected and analyzed to
establish the background concentration for that constituent.
(2) Within fifteen (15) days, submit to CEPA
proposed amendments to the permit conditions to establish an evaluation
monitoring program meeting the requirements of these Regulations. CEPA
shall amend the permit conditions within fifteen (15) days after
receipt of the proposed amendments. The proposed amendments shall
include the following information:
(A) The maximum concentration of each
constituent at each monitoring point as determined during the most
recent sampling events.
(B) Any proposed changes to the water
quality monitoring systems at the disposal facility necessary to meet
the requirements of these Regulations.
(C) Any proposed additions or changes to
the monitoring frequency, sampling and analytical procedures or
methods, or statistical methods used at the disposal facility
necessary to meet the requirements of these Regulations.
(D) A detailed description of the
measures to be taken by the operator to asses the nature and extent of
the release from the disposal facility.
(3) Within ninety (90) days of determining
statistically significant evidence of a release, submit to CEPA an
engineering feasibility study for a corrective action program necessary
to meet the requirements of these Regulations. At a minimum, the
feasibility study shall contain a detailed description of the
corrective action measures that could be taken to achieve background
concentrations for all constituents.
(4) If the operator determines pursuant to
this Section that there is statistically significant evidence of a
release from the disposal facility at any monitoring point, the
operator may demonstrate that a source other than the disposal facility
caused the evidence of a release or that the evidence is an artifact
caused by an error in sampling, analysis, or statistical evaluation or
by natural variation in the groundwater, surface water, or the
unsaturated zone. The operator may make such a demonstration in
addition to or in lieu of submitting both an amended permit application
and an engineering feasibility study pursuant to this Section;
however, the operator is not relieved of these requirements unless the
demonstration made pursuant to this Subsection successfully shows that
a source other than the disposal facility caused the evidence of a
release or that the evidence resulted from error in sampling, analysis,
or evaluation, or from natural variation in groundwater, surface water,
or the unsaturated zone. In making such a demonstration, the operator
shall:
(A) Within seven (7) days of determining
statistically significant evidence of a release, notify CEPA by
certified mail that the operator intends to make a demonstration
pursuant to this Subsection.
(B) Within ninety (90) days of
determining statistically significant evidence of a release, submit a
report, certified by a registered civil engineer or a certified
engineering geologist, to CEPA that demonstrates that a source other
than the disposal facility caused the evidence or that the evidence
resulted from error in sampling, analysis, or evaluation, or from
natural variation in groundwater, surface water, or the unsaturated
zone.
(C) Within ninety (90) days of
determining statistically significant evidence of a release, submit to
CEPA an amended permit application to make any appropriate changes to
the detection monitoring program.
(D) Continue to monitor in accordance
with the detection monitoring program established under this section.
(k) If the operator determines that there is
significant physical evidence of a release or that the detection
monitoring program does not satisfy the requirements of this Section,
the operator shall
notify CEPA by certified mail within seven (7) days of such
determination and, within ninety (90) days of such determination,
submit an amended permit application to make any appropriate changes to
the program.
(l) Any time CEPA determines that the detection
monitoring program does not satisfy the requirements of these
Regulations, CEPA shall send written notification of such determination
to the operator by certified mail, return receipt requested. The
operator shall, within ninety (90) days after receipt of such
notification, submit an amended permit application to make any
appropriate changes to the program.
Section 530.48. Evaluation Monitoring Program.
(a) An operator required to establish an evaluation
monitoring program for a disposal facility shall comply with the
requirements of this Section. The evaluation monitoring program shall
be used to assess the nature and extent of the release form the
disposal facility and to design a corrective action program meeting the
requirements of these Regulations.
(b) The operator shall collect and analyze all data
necessary to assess the nature and extent of the release from the
disposal facility. This assessment shall include a determination of
the spatial distribution and concentration of each constituent listed
in Appendix II of 40 C.F.R. Part 258, throughout the zone affected by
the release. The operator shall complete and submit this assessment to
CEPA within ninety (90) days of establishing an evaluation monitoring
program.
(c) Based on the data collected pursuant to
Subsections (b) and (f) of this Section, the operator shall update the
engineering feasibility study for corrective action required by Section
530.47. The operator shall submit this engineering feasibility study
to CEPA within ninety (90) days of establishing an evaluation
monitoring program.
(d) The operator shall hold a public meeting to
discuss the results of the engineering feasibility study and the
analysis of data collected during the evaluation monitoring program.
The meeting will be held not less than ten (10) days after publication
of notice, but prior to submission of an amended permit application to
establish a corrective action program.
(e) Based on the data collected pursuant Subsection
(b) of this Section and on the engineering feasibility study submitted
pursuant to Subsection (c) of this Section, the operator shall submit
an amended permit application to establish a corrective action program
meeting the requirements of these Regulations. The operator shall
submit this application to CEPA within ninety (90) days of establishing
an evaluation monitoring program. This application shall include but
not be limited to:
(1) A detailed assessment of the nature and
extent of the release from the disposal facility.
(2) Proposed water quality protection
standards, including but not limited to any proposed concentration
limits greater than background and all data necessary to justify each
such limit.
(3) A detailed description of proposed
corrective actions that will be taken to achieve compliance with the
water quality protection standard proposed for the corrective action
program.
(4) A plan for a water quality monitoring
program that will demonstrate the effectiveness of the proposed
corrective actions.
(f) In conjunction with the assessment conducted
pursuant to Subsection (b) of this Section, and while awaiting final
approval of the amended permit application submitted pursuant to
Subsection (e) of this Section, the operator shall monitor groundwater,
surface water, and the unsaturated zone to evaluate changes in water
quality resulting from the release from the disposal facility. In
conducting this monitoring, the operator shall:
(1) Install at least one additional monitoring
well at the facility boundary in the direction of contaminant migration
and sample the well in accordance with evaluation monitoring
requirements for an evaluation monitoring system established to assess
a release to groundwater.
(2) Provide notice to all persons who own or
reside on lands that directly overlies any part of the plume of
contamination in contaminants have migrated off-site.
(3) Install water quality monitoring systems
that are appropriate for evaluation monitoring and that comply with the
requirements of these Regulations. These water quality monitoring
systems may include all or part of existing monitoring systems.
(4) Propose for approval by CEPA a list of
monitoring parameters for each medium (groundwater, surface water, and
the unsaturated zone) to be monitored pursuant to these Regulations.
The list of each medium shall include all hazardous constituents that
have been detected in that medium and those physical parameters,
constituents, and reaction products that provide a reliable indication
of changes in water quality resulting from any release form the
disposal facility. CEPA shall specify each list of monitoring
parameters in the permit conditions after considering the following
factors:
(A) the types, quantities, and
concentrations of constituents in solid waste disposed of at the
disposal facility;
(B) information that demonstrates to the
satisfaction of CEPA a sufficient correlation between the proposed
monitoring parameters and the constituents specified for the facility;
(C) the mobility, stability, and
persistence of constituents or their reaction products;
(D) the detectability of physical
parameters, constituents, and reaction products; and
(E) the background values and the
coefficients of variation of proposed monitoring parameters in
groundwater, surface water, and the unsaturated zone.
(5) Monitor for the monitoring parameters
listed in the permit conditions. CEPA shall specify in the permit
conditions the frequencies for collecting samples and for conducting
statistical analyses to evaluate changes in water quality due to the
release from the disposal facility.
(6) In addition to monitoring for the
monitoring parameters specified pursuant to Paragraph (5), of this
Subsection, monitor for all constituents listed in Appendix II of 40
C.F.R. Part 258 and evaluate changes in water quality due to the
release from the disposal facility at least annually. CEPA shall
specify the frequencies for monitoring pursuant to this Subsection
after considering the degree of certainty associated with the
demonstrated correlation between values for monitoring parameters and
values for the constituents.
(7) Conduct water quality monitoring for each
monitoring parameter and each constituent in accordance with these
Regulations. The operator shall maintain a record of water quality
analytical data as measured and in a form necessary for the evaluation
of changes in water quality due to a release from the disposal
facility.
(8) While awaiting final approval of an amended
permit application to establish a corrective action program, evaluate
all water quality data obtained pursuant to Subsection (f) of this
Section with respect to the design criteria for the corrective action
program. If the evaluation indicates that the plan for corrective
action is insufficient, the discharger shall notify CEPA by certified
mail within seven (7) days of such determination and, within ninety
(90) days of such determination, submit for approval by CEPA any
appropriate changes to the amended permit application.
(g) The operator may demonstrate that a source other
than the disposal facility caused the evidence of a release or that the
evidence is an artifact caused by an error in sampling, analysis, or
statistical evaluation, or by natural variation in groundwater, surface
water, or the unsaturated zone. Upon such a demonstration, CEPA may
specify that the operator shall reinstate a detection monitoring
program meeting the requirements of these Regulations. In making such
a demonstration, the operator shall:
(1) Notify CEPA by certified mail that the
operator intends to make a demonstration pursuant to this Subsection.
(2) Submit a report, certified by a registered
civil engineer or a certified engineer geologist, to CEPA that
demonstrates that source other than the disposal facility caused the
evidence of a release or that the evidence resulted from error in
sampling, analysis, or evaluation, or from natural variation in
groundwater, surface water, or the unsaturated zone.
(3) Submit to CEPA an amended permit
application to reinstitute a detection monitoring program for the
facility. This application shall propose all appropriate changes to
the monitoring program.
(4) Continue to monitor in accordance with the
evaluation monitoring program established pursuant to this section.
(h) CEPA shall require interim corrective action
measures where necessary to protect human health or the environment.
(i) If the operator determines that the evaluation
monitoring program does not satisfy the requirements of this Section,
the operator shall, within ninety (90) days, submit to CEPA an amended
permit application to make any appropriate changes to the program.
(j) Any time CEPA determines that the evaluation
monitoring program does not satisfy the requirements of this Section,
CEPA shall send written notification of such determination to the
operator by certified, return receipt requested. The operator shall,
within ninety (90) days of such notification, submit an amended permit
application to make appropriate changes to the program.
Section 530.49. Corrective Action Program.
(a) An operator required to establish a corrective
action program for a disposal facility shall comply with the
requirements of this section.
(b) The operator shall take corrective action to
remediate releases from the disposal facility and to ensure that the
disposal facility achieves compliance with the water quality protection
standards. CEPA shall specify the water quality protection standards
for corrective action in the permit conditions.
(c) The operator shall implement corrective actions
that ensure that constituents achieve their respective concentration
limits at all monitoring points and throughout the zone affected by the
release, including any portions thereof that extend beyond the facility
site boundary, by removing the the constituents or treating them in
place. The operator shall take other actions approved by CEPA to
prevent noncompliance with those limits due to a continued or
subsequent release from the disposal facility, including but not
limited to source control. The permit conditions shall specify the
specific measures that will be taken.
(d) In conjunction with the corrective action program,
the operator shall establish and implement a water quality monitoring
program to demonstrate the effectiveness of the corrective action
program. Such a monitoring program may be based on the requirements for
an evaluation monitoring program and shall be effective in determining
compliance with the water quality protection standards and in
determining the success of the correction action program.
(e) Corrective actions taken pursuant to this Section
shall be initiated and completed by the operator within a period of time
specified by CEPA in the permit conditions.
(f) Corrective actions taken pursuant to this Section
may be terminated when the operator demonstrates to the satisfaction of
CEPA that the concentrations of all constituents are reduced to levels
below their respective concentration limits.
(g) After suspending the corrective action measures
pursuant to this Section, the disposal facility shall remain in the
corrective action program until an approved detection monitoring program
meeting the requirements of these Regulations has been incorporated into
the facility permit conditions and until the operator demonstrates to
the satisfaction of CEPA that the disposal facility is in compliance
with the water quality protection standards. This demonstration shall
be based on the following criteria and requirements:
(1) The concentration of each constituent in each
sample from each monitoring point in the corrective action program must
have remained at or below its respective concentration limit during a
proof period of at least three consecutive years beginning immediately
after the termination of corrective actions.
(2) The individual sampling events for each
monitoring point must have been evenly distributed throughout the proof
period and consist of no less than eight sampling events per year per
monitoring point.
(h) The operator shall report in writing to CEPA on the
effectiveness of the corrective action program. The operator shall
submit these reports at least semi-annually. More frequent reporting
shall be required by CEPA as necessary to ensure the protection of
human health or the environment.
(i) If the operator determines that the corrective
action program does not satisfy the provisions of this Section, the
operator shall, within ninety (90) days of making the determination,
submit an amended permit application to make appropriate changes to the
program.
(j) Any time CEPA determines that the corrective action
program does not satisfy the requirements of this Section, the operator
shall, within ninety (90) days of receiving written notification of such
determination submit an amended permit application to make appropriate
changes to the program.
(k) Upon completion of all corrective actions, the
operator shall submit a certification, prepared and certified by a
registered civil engineer or a certified engineering geologist, to CEPA
that the corrective action program has been completed in compliance with
these regulations.
Section 530.50. Leachate Monitoring and Control.
(a) General. The operator shall monitor, collect,
treat, and dispose of leachate in accordance with the requirements of
this Section.
(1) Leachate control and monitoring shall continue
through the active life, the closure period, and a post-closure
maintenance period of at least thirty (30) years and will cease only
after the operator demonstrates to the satisfaction of CEPA that
leachate is no longer being produced or the discharges of leachate will
have no effect on water quality. This demonstration shall take the
form of a written report submitted to CEPA. CEPA shall consider all
relevant factors when ending leachate control, including but not
limited to monitoring results, nature of refuse, the presence and
design of disposal facility containment structures and surface
impoundments, local hydrology and geology, and local land and water
use.
(2) Both the quantity and quality of leachate
shall be monitored at least quarterly or whenever groundwater samples
are collected.
(3) All monitoring and collection systems required
by this section shall be designed by a registered engineer or a
certified engineering geologist.
(b) Monitoring. The operator shall monitor leachate in
accordance with the following requirements:
(1) The operator shall monitor leachate quality
and for the accumulation of leachate. The system shall be located at
the lowest disposal facility elevation and at strategic points
necessary to detect the presence and movement of leachate through the
liner or out of the solid waste. The system shall consist of drainage
pipes, layers, and/or standpipes capable of use as a part of the
leachate collection system. Materials used in the system must be
resistant to chemical and biological breakdown as a result of contact
with leachate.
(2) The operator shall design and operate an
unsaturated zone monitoring system to detect the escape of leachate from
the solid waste in accordance with the requirements of these
Regulations.
(c) Reporting.
(1) The operator shall estimate, at least
quarterly, the amount of leachate generated and record the volume of
leachate recovered for treatment or disposal. The method of determining
the amount of leachate produced shall be described in the final
post-closure plan approved by CEPA.
(2) The depth of leachate over the liner shall be
measured and recorded at least quarterly.
(3) CEPA may require more frequent monitoring by
giving written notice to the operator. Changes in monitoring frequency
shall become effective no sooner than after the next previously
scheduled monitoring period. CEPA shall consider all relevant factors
in determining frequency of monitoring, including but not limited to
monitoring results; design of disposal facility containment; age,
nature, and moisture content of the refuse; size of disposal facility;
time since closure (if applicable); local land use and water use; and
local geology and hydrology.
(4) Representative samples of leachate and
unsaturated zone fluid shall be tested for the chemical parameters
required by the groundwater monitoring program and the chemical
parameters listed in Appendix II of this Part to the greatest extent
possible given the sample volume available.
(5) The measuring and chemical monitoring
leachate of this Section shall be submitted as a written report to
CEPA. The results of leachate and unsaturated zone monitoring shall be
submitted as soon as practicable after sampling.
(6) A quality assurance/quality control plan shall
be prepared by the operator and approved by CEPA. This plan shall
include the following:
(A) the use of only laboratories holding a
valid accreditation issued by the California Department of Health
Services for the chemical constituents monitored or the preparation of
spiked samples; and
(B) field procedures that ensure accurate and
repeatable chemical analyses including sample collection, sample
preservation and shipment, and chain of custody control.
(d) Leachate Control.
(1) General. The operator shall collect leachate
in accordance with a procedure meeting the requirements of these
Regulations and approved by CEPA.
(2) Leachate Treatment and Disposal.
(A) Treatment. The operator shall treat
leachate in accordance with the following requirements:
(i) The operator shall describe the
proposed treatment in the final closure plan and the continued operation
and maintenance in the final post-closure maintenance plan.
(ii) The on-site treatment system design
shall be approved by CEPA. The system shall use biological, physical,
or chemical treatment technologies to render leachate compatible with
disposal under this Section.
(iii) The design criteria shall include:
nature of refuse, composition or anticipated composition of leachate,
local land and water use, and effectiveness of proposed treatment. CEPA
may require alternative treatment methods by giving written notice to
the operator if methods being used fail to meet the provisions of this
Section.
(B) Disposal. Leachate shall be disposed of
by the following methods:
(i) Discharge to a sewage treatment
plant with written permission from the receiving sewage treatment plant
or sanitation district. On-site pretreatment may be required. The
discharge may be made directly by pipe or by the use of a tank truck or
similar vehicle to haul the leachate to the sewage treatment plant.
(ii) Discharge to evaporation ponds
approved by CEPA.
(iii) For on-site irrigation, if the
operator demonstrates that this practice will not cause or increase the
production of leachate in accordance with the requirements of these
Regulations. Other discharge methods shall be considered by CEPA on a
case-by-case basis.
Subpart E. Control of Air Emissions
Section 530.51. Applicability. This Subpart is applicable to all
disposal facilities within the exterior boundaries of the Reservation.
Section 530.52. Standards.
(a) No operator of a disposal facility shall discharge
or allow to be discharged into the atmosphere from a single source any
air contaminant for a period or periods of more than three (3) minutes,
in the aggregate, in any period of sixty (60) consecutive minutes which
is darker in shade than that designated as Number 1 on the Ringlemann
Chart, as published by the United States Bureau of Mines, or of such
opacity as to obscure an observer's view to a degree greater than does
smoke of a shade designated as Number 1 on the Ringlemann Chart.
(b) Except as provided in these Regulations, no
operator of a disposal facility shall allow the emission of any odors,
toxic air contaminants, and/or reactive organic compounds unless:
(1) The disposal facility and all associated
containment structures and containment features are equipped with
decomposition gas control systems using the best available control
technology as determined by CEPA; or
(2) The operator demonstrates to the satisfaction
of CEPA that the disposal facility and all associated containment
structures and containment features can be maintained at all times,
using a decomposition gas control systems or maintenance practices,
such that:
(A) The concentration of organic compounds
does not exceed five hundred (500) parts per million by volume (ppmv)
expressed as methane at any point measured immediately above the surface
of the disposal facility, containment structure, or containment feature;
(B) The concentration of any toxic air
containment emitted to the atmosphere from any point measured
immediately above the surface of the disposal facility, containment
structure, or containment feature and from any decomposition gas
collection, energy recovery, purification, and/or disposal system does
not exceed the threshold level established for that toxic air
contaminant by the California Air Resources Board pursuant to Section
39662, Article 3, Chapter 3.5 of the California Health and Safety Code;
and there are no detectible emissions of any toxic air contaminant for
which the California Air Resources Board has not specified a threshold
exposure level because there is no known level below which no
significant adverse health effects are anticipated; and
(C) The concentration of any toxic air
contaminant emitted to the atmosphere from any point measured
immediately above the surface of the disposal facility, containment
structure, or containment feature and from any decomposition gas
collection, energy recovery, purification, and/or disposal system does
not exceed either the Threshold Limit Value established for that toxic
air contaminant by the American Conference of Governmental Industrial
Hygienists or any concentration that poses an unacceptable health risk
to human beings as determined by CEPA.
If there are two or more applicable concentration limits which have the
same time averaging period for a given toxic air contaminant, the most
stringent one shall apply. If the operator does not maintain the
concentrations below the levels specified above, the operator shall
submit to CEPA an amended permit application to install BACT as
determined by CEPA.
(c) The operator shall design, modify, and extend, when
necessary every decomposition gas control system to prevent underground
of site gas migration and to maintain compliance with the requirements
of these Regulations. The operator shall make each extension or
modification in accordance with plans and specifications submitted to
and approved by CEPA. The operator shall design each extension to
maintain and achieve the level of emissions control required by these
Regulations.
(d) There shall be no decomposition gas leaks from the
gas wells, piping, flanges, valves, blowers, flame arresters, pipe
fittings, sampling ports, or any other connections or fittings along the
decomposition gas transfer path of any decomposition gas collection,
energy recovery, purification, and/or disposal system which result in
concentrations of 500 ppmv or more measured as propane or 1375 ppmv or
more measured as methane at a distance of 1.3 centimeters (1/2 inches)
from the transfer path, other than nonrepeatable, momentary readings.
(e) The operator of a disposal facility shall install
sampling probes or vapor monitoring wells at the disposal facility to
determine whether underground offsite gas migration exists. The
operator shall install the probes or wells in accordance with plans
submitted to and approved in writing by CEPA.
(f) The operator shall design and operate any gas
collection system used in conjunction with a decomposition gas control
system to draw gas toward the gas collection device or devices without
overdraw that could cause fires or damage to the decomposition gas
disposal system.
(g) The operator shall equip flares used to control the
emissions of decomposition gases with automatic shutoff mechanisms
designed to stop immediately the flow of decomposition gases when a
flameout occurs. During restart or startup, there shall be a sufficient
flow of propane or commercial natural gas to the burners to ensure that
unburned decomposition gases are not emitted to the atmosphere.
(h) No operator of a disposal facility shall allow
leachate and/or condensate from the disposal facility to reach any
surface where odors, toxic air contaminants, or reactive organic
compounds can be evaporated into the atmosphere.
(i) Whenever solid waste in a disposal facility is to
be excavated, the operator shall prepare and follow mitigation measures
submitted to and approved in writing by CEPA to prevent public nuisance
and to minimize the release of odors, toxic air contaminants, and
reactive organic compounds into the atmosphere.
Section 530.53. Compliance Testing; Recordkeeping.
(a) The operator shall analyze the concentrations of
total organic compounds and toxic air contaminants found in the body and
immediately above the surface of the disposal facility. The operator
shall conduct testing as is necessary to determine whether there is
underground offsite gas migration.
(b) The operator of a disposal facility equipped with a
decomposition gas collection, energy recovery, purification, and/or
disposal system shall analyze the concentrations of air contaminants,
including but not limited to total organic organic compounds, toxic air
contaminants, and criteria pollutants except ozone emitted to the
atmosphere from the system.
(c) The operator shall determine if the concentration of
any composition gas leaks from gas wells, piping flanges, blowers, flame
arresters, pipe fittings, sampling ports, or any other connections or
fittings along the decomposition gas transfer path of any decomposition
gas collection, energy recovery, purification, and/or disposal system
equals or exceeds 500 ppmv measured as propane or 1375 ppmv measured as
methane at a distance of 1.3 centimeter (1/2 inches) from the transfer
path other than non-repeatable, monetary readings.
(d) The operator of an active disposal facility shall
analyze the concentrations in the atmosphere of toxic air contaminants
specified by CEPA measured inside the disposal facility site within ten
feet of the perimeter.
(e) The operator of an active disposal facility shall
make a chemical analysis of the composition of the decomposition gas
streams immediately above and within the disposal facility or
containment structure, including the concentrations of total organic
compounds and toxic air contaminants measured immediately above the
surface of the disposal facility or contaminant structure.
(f) The operator of a disposal facility shall test for
compliance with the requirements of these Regulations using procedures
approved by CEPA. All sampling plans and methods of analysis shall be
submitted to and approved in writing by CEPA prior to sampling. Any
modifications to the sampling or analysis methods shall require the
written approval of CEPA. The operator shall write the results of each
analysis in a legible form approved by CEPA and submit them to CEPA.
The operator shall maintain the records of each analysis permanently.
Section 530.54. Reports.
(a) The operator of a disposal facility shall submit to
CEPA air quality assessment reports within thirty (30) days following
the installation of any decomposition gas control system and at
intervals specified by CEPA thereafter. If any air quality assessment
report can not be submitted to CEPA within the time required due to
circumstances CEPA agrees are beyond the control of the operator, the
operator shall submit the report at a later date specified by CEPA.
However, the operator shall still be required to submit a test plan to
CEPA pursuant to these Regulations within the submittal time required
for the air quality assessment report.
(b) Each air quality assessment report shall contain
all of the following information in a form approved by CEPA:
(1) Test results to determine if there is any
underground decomposition gas migration beyond the disposal facility
site using sampling probes or vapor monitoring wells as required by
these Regulations;
(2) The concentrations in the atmosphere of toxic
air contaminants specified by CEPA and/or the California Air Resources
Board, measured inside the disposal facility site within ten (10) feet
of the perimeter;
(3) A chemical analysis of the composition of the
decomposition gas streams immediately above and within the disposal
facility, including but not limited to the concentrations of total
organic compounds and toxic air contaminants measured immediately above
the surface of the disposal facility; and
(4) Any other information that CEPA may require to
determine the effect of the disposal facility on air quality.
(c) If the measurements required by these Regulations
reveal concentrations of known and/or suspected toxic air contaminants,
including but not limited to carcinogens, the operator shall submit to
CEPA a health risk assessment of the impact on surrounding communities.
Such health risk assessment shall be approved by CEPA and conducted in
accordance with the requirements specified in the California Air
Pollution Control Officers Association's manual entitled "Toxic Air
Pollutant Source Assessment Manual for California Act Pollution Control
Districts and Applicants for Air Pollution Control District Permits," as
such may be amended from time to time.
Section 530.55. Schedules for Permit Applications and Remedial
Actions.
(a) An operator planning to open a new disposal facility
shall obtain approval from CEPA prior to the receipt of solid waste and
the installation of a decomposition gas control system.
(b) Every operator shall submit an amended permit
application within sixty (60) days following written notification from
CEPA that, based on the review of an air quality assessment report,
remedial action is required to comply with the requirements of these
Regulations. The application shall request authority to construct and
operate each basic decomposition gas control system. A basic system
may consist of a gas collection system and a flare. Equipment added to
use the gases for the production of energy or equipment that purifies
the gas for sale is not part of the basic system.
(c) If CEPA determines that there is an imminent and
substantial danger to human health or welfare requiring immediate
action, the operator shall immediately take whatever actions are deemed
necessary by CEPA to protect human health. Concurrently, the operator
shall submit to CEPA an amended permit application.
Subpart F. Control of Explosive Gas
Section 530.61. Applicability.
(a) The explosive gas control requirements of this
subpart are intended to protect the public health and safety and the
environment by controlling the concentration of methane and other gases
generated at a disposal facility. Operators shall comply with the
requirements of these Regulations for detecting, characterizing, and
responding to releases of explosive gases into environmental media.
(b) These Regulations apply during the active life, the
closure period, and the post-closure maintenance period of the disposal
facility.
Section 530.62. General Gas Monitoring and Control Requirements.
(a) The operator shall ensure that decomposition gases
generated at a disposal facility are controlled in accordance with the
following requirements.
(1) The concentration of methane must not exceed
one and one-quarter percent (1.25%) by volume in air within on-site
structures.
(2) The concentration of methane gas migrating
from the disposal facility must not exceed five percent (5%) by volume
in air at the disposal facility site boundary or an alternative boundary
approved by CEPA.
(3) Trace gases shall be controlled to prevent
adverse acute and chronic exposure to toxic and/or carcinogenic
compounds.
(b) The gas monitoring program implemented pursuant to
these Regulations shall continue for a period of at least thirty (30)
years after completion of closure and shall not be terminated until the
operator receives written authorization to discontinue from CEPA.
Authorization to cease gas monitoring and control shall be based on a
demonstration by the operator that there is no potential for gas
migration beyond the disposal facility site boundary or into on-site
structures, supported by data collected and any additional studies
conducted.
(c) The gas monitoring program required pursuant to
these Regulations shall be described as part of the design report and
operations plan and the preliminary and final post-closure maintenance
plans.
(d) Gas monitoring and control systems shall be
modified during the active life, the closure period, and the
post-closure maintenance period to reflect changing on-site and adjacent
land uses. Post-closure land use at the disposal facility site shall
not interfere with the function of gas monitoring and control systems.
The operator may request a reduction of monitoring or control
activities based upon the results of monitoring data collected. The
request for reduction of monitoring or control activities shall be
submitted in writing to CEPA.
Section 530.63. Gas Monitoring.
(a) General. To ensure that the requirements of
Section 530.62 are met, the operator shall implement a gas monitoring
program in accordance with the following requirements:
(1) The gas monitoring network shall be designed
by a registered civil engineer or a certified engineering geologist, and
shall ensure detection of the presence of decomposition gas migrating
beyond the disposal facility site boundary and into on-site structures.
(2) The monitoring network shall be designed to
account for site characteristics and potential migration pathways or
barriers, including but not limited to:
(A) local soil and rock conditions;
(B) hydrogeological conditions at the
facility;
(C) locations of buildings and structures
relative to the solid waste deposit area;
(D) adjacent land use and inhabitable
structures within one thousand (1000) feet of the disposal facility site
boundary;
(E) man-made pathways, such as underground
construction; and
(F) the nature and age of solid waste and its
potential to generate decomposition gas.
(b) Perimeter Monitoring Network.
(1) Location.
(A) Perimeter subsurface monitoring wells
shall be installed around the solid waste deposit area perimeter but not
within refuse. The entire perimeter of the disposal facility may not
warrant the installation of monitoring wells. In this case, the
operator shall demonstrate to the satisfaction of CEPA that gas
migration could not occur due to geologic or hydraulic barriers and that
no inhabitable structure or other property, such as agricultural lands
within one thousand (1000) feet of the disposal facility site boundary,
are threatened by gas migration.
(B) Perimeter monitoring wells shall be
located at or near the disposal facility site boundary. The operator
may establish an alternate boundary closer to the solid waste deposit
area based on site-specific factors. If compliance levels are exceeded
at the alternate boundary, the operator shall install additional
monitoring wells closer to the disposal facility site boundary and/or
implement gas control procedures pursuant to these Regulations.
(2) Spacing.
(A) The lateral spacing between adjacent
monitoring wells shall not exceed one thousand (1000) feet, unless the
operator can demonstrate to the satisfaction of CEPA that such spacing
would be impractical or unwarranted based on site-specific factors.
(B) The spacing of monitoring wells shall be
determined based upon consideration of all relevant factors, including
but not limited to the nature of the structure to be protected and its
proximity to the refuse. Wells shall be spaced to align with
gas-permeable structural or stratigraphic features, such as dry sand or
gravel, off-site or on-site structures, and areas of dead or stressed
vegetation that might be caused by gas migration.
(C) Probe spacing shall be reduced as
necessary to protect persons and structures threatened by disposal
facility gas migration.
(3) Depth.
(A) The depth of the wellbore shall equal the
maximum depth of refuse, measured within one thousand (1000) feet of the
monitoring point. The number and depths of monitoring probes within the
wellbore shall be installed in accordance with the following criteria,
except as otherwise specified in these Regulations:
(i) A shallow probe shall be installed
five (5) to ten (10) feet below the surface;
(ii) An intermediate probe shall be
installed at or near half the depth of the wellbore;
(iii) A deep probe shall be set at or
near the depth of the wellbore;
(iv) The specified depths of monitoring
probes within the wellbore shall be adjusted, based on geologic data
obtained during drilling, and probes shall be placed adjacent to soils
that are most conductive to gas flow;
(v) All probes shall be installed above
the permanent low seasonal water table, above and below perched
groundwater, and above bedrock; and
(vi) When the depth of the wellbore does
not exceed thirty (30) feet, the operator may reduce the number of
probes to two (2), with one probe located in the shallow zone as
indicated above, and the other located adjacent to permeable soils at or
near the depth of the wellbore;
(B) When conditions limit the practicality of
or do not warrant the installation depth criteria, the operator shall
propose an alternate system of equivalent probe depths. The proposal
must demonstrate to the satisfaction of CEPA that probes located at the
alternate depths are sufficient to detect migrating decomposition gases
and provide protection to public health and safety and the environment.
(C) CEPA may require an increase in the
number of monitoring probes, the depths of the wellbores, or the depths
of monitoring probes within a wellbore to ensure compliance with these
Regulations. The operator is not precluded from using existing gas
monitoring probes of an alternate design when the operator demonstrates
to the satisfaction of CEPA that such probes have been installed in a
manner that ensures the detection of decomposition gas migrating from
the disposal facility.
(4) Monitoring Well Construction.
(A) Monitoring wells shall be drilled by a
licensed drilling contractor or, where in-house drilling capability
exists, by a drilling crew under the supervision of the design engineer
or an engineering geologist. Wells shall be logged during drilling by a
geologist. Soils shall be described using the ASTM Designation:
D2488-84 [1/89] method for visual classification, "Standard Practice for
Description and Identification of Soils (Visual-Manual Procedure),"
which is incorporated by reference. Rock units shall be described in a
manner appropriate for geologic investigation.
(B) A record of each monitoring well shall be
maintained by the operator and submitted to CEPA. The record shall
include:
(i) a disposal facility map drawn to a
scale proposed by the design engineer or engineering geologist,
sufficient to show the location of all monitoring wells. The well must
be identified with a number that corresponds to the well log. Surface
elevations at the wellheads shall be denoted on the map;
(ii) well logs, including but not limited
to the names of the person(s) logging the hole; and
(iii) an as-built description, including
but not limited to a well detail that indicates probe material and
depth; extent and type of filter pack; thickness of and material used
for seals; extent of and material used for backfill; size and interval
of perforations; and a description of any shutoff valves or covers.
(C) To isolate monitored zones within the
wellbore and prevent contamination of perched groundwater and permanent
groundwater, the operator shall provide a minimum seal of five (5) feet
of bentonite at the surface and between the monitored zones.
(c) Structure Monitoring.
(1) To ensure that the requirements of these
Regulations are met, the monitoring network design shall include
provisions for monitoring on-site structures, including but not limited
to buildings, subsurface vaults, utilities, or any other areas where
potential gas buildup would be of concern. The proposal shall address
on-site structures, both adjacent to and on top of the solid waste
deposit area.
(2) Satisfactory methods for monitoring on-site
structures include but are not limited to periodic monitoring using
either permanently installed monitoring probes or gas surveys and
continuous monitoring systems.
(3) Structures located on top of the solid waste
deposit area shall be monitored on a continuous basis. When practical,
structures shall be monitored after they have been closed overnight or
for the weekend to allow for an accurate assessment of gas accumulation.
Areas of the structure where gas may accumulate shall be monitored,
including but not limited to areas in, under, beneath, and around
basements, crawl spaces, floor seams or cracks, and subsurface utility
connections.
(d) Monitored Parameters. All monitoring probes and
onsite structures shall be sampled for methane during the monitoring
period. Sampling for specified trace gases may be required by CEPA
when there is a possibility of acute or chronic exposure to carcinogenic
or toxic compounds.
(e) Monitoring Frequency. Quarterly monitoring is
required as a minimum. CEPA may require more frequent monitoring based
upon site-specific factors by written notice to the operator. More
frequent monitoring also may be required at locations where results of
monitoring indicate that decomposition gas migration is occurring or is
accumulating in structures. The operator shall increase the monitoring
frequency as necessary to detect migrating gas and ensure compliance
with the requirements of these Regulations.
(f) Reporting. The results of gas monitoring shall be
submitted to CEPA as soon as practicable after sampling. When
compliance levels are exceeded at any probe, the operator shall
construct a control system meeting the requirements of these
Regulations. The monitoring reports shall include:
(1) the concentrations of methane measured at each
probe and within each on-site structure;
(2) the concentrations of specified trace gases,
if required;
(3) the documentation of date, time, barometric
pressure, atmospheric temperatures, general weather conditions, and
probe pressures;
(4) the names of sampling personnel and a brief
description of the methods and apparatus used; and
(5) a numbering system to correlate monitoring
results to corresponding probe locations.
Section 530.64. Gas Control.
(a) When the results of gas monitoring indicate
concentrations of methane in excess of the requirements of these
Regulations, the operator shall:
(1) immediately provide CEPA with verbal notice
and take all immediate steps necessary to protect public health and
safety and the environment;
(2) notify CEPA in writing within five (5) working
days of learning that the requirements of these Regulations have not
been met and indicate what has been done or is planned to be done to
resolve the problem;
(3) verify the accuracy of monitoring results by
reviewing probe readings, possible liquid interference, control well
influence, and barometric pressure effects;
(4) within ten (10) working days, submit to CEPA a
letter that describes the nature and extent of the problem, and any
immediate corrective actions that need to be taken to protect public
health and safety and the environment;
(5) within thirty (30) days of detection, submit
to CEPA a corrective action plan for the decomposition gas releases for
approval;
(6) within thirty (30) days of submission of the
corrective action plan, institute the corrective action program; and
(7) construct a gas control system designed by a
registered civil or mechanical engineer within a period of time
specified by CEPA. Installation of the system shall be in accordance
with a design and in a manner for construction by CEPA.
(b) A gas control system shall be designed to:
(1) prevent decomposition gas accumulation in
onsite structures;
(2) reduce decomposition gas concentrations at
monitored disposal facility site boundaries to below compliance levels;
(3) reduce trace gas concentrations; and
(4) provide for the collection and treatment
and/or disposal of decomposition gas condensate produced at the surface.
Condensate generated from gas control systems shall not be recirculated
into the disposal facility unless analysis of the condensate
demonstrates to the satisfaction of CEPA that it is acceptable to allow
recirculation.
(c) Subsurface gas control systems may include but are
not limited to one or more of the following:
(1) Active perimeter or interior control systems
that are designed to accommodate the maximum expected flow rate from the
disposal facility and provide access for system monitoring and flow rate
adjustment. The operator shall operate the control system to ensure
that gas is controlled at a sufficient rate without overdraw, to
maximize control and not production, and to ensure adequate control for
compliance with the requirements of these Regulations.
(2) Perimeter air injection systems, which shall
be installed in native soil between the refuse and the area to be
protected. Such injection wells shall not be located in the refuse.
The operator shall design and operate the system to prevent air
infiltration into the disposal facility and maintain or reduce methane
concentrations to comply with the requirements of these Regulations.
(3) Passive systems, including but not limited to
cutoff trenches, slurry walls, and vent trenches shall be constructed
with an impermeable geomembrane liner. The passive systems shall be
installed to the depth of permanent low seasonal groundwater or keyed
into a low permeability layer below the limit of migration.
(d) When the results of monitoring in on-site
structures indicate levels in excess of those specified in these
Regulations, the operator shall take appropriate action to mitigate the
effects of decomposition gas accumulation in on-site structures. Gas
control measures to protect structures and public health and safety
shall include one or more of the following:
(1) flexible membrane liners;
(2) active collection systems;
(3) passive collection systems designed to be
upgraded to an active system;
(4) alarms;
(5) ignition source control;
(6) utility collars installed within structures
and outside in trenches; and
(7) ventilation.
(e) To ensure that the gas control system is operating
at optimum efficiency to control decomposition gas, the operator shall
provide for system monitoring and adjustment.
(f) To provide for the safe and efficient operation of
the gas control system, the operator shall implement a maintenance
program in accordance with the following requirements:
(1) A site-specific operations and maintenance
manual shall be maintained and kept current to reflect any expansion or
modifications to the gas control system.
(2) The operations and maintenance manual shall
provide for periodic inspections and servicing of gas control equipment.
(3) Operations and maintenance shall be recorded
and the records shall be retained by the operator and submitted to CEPA.
(g) To ensure the quality of construction of the gas
control system:
(1) The operator shall be responsible for
providing inspections, as needed, to ensure the integrity of the system;
and
(2) Prior to construction, the designer shall
obtain and review all applicable test reports, shop drawings, and
manufacturer's certificates to verify that all equipment used in the gas
control system has been manufactured in accordance with industry
standards.
Subpart G. Closure Requirements
Section 530.71. General Closure Requirements.
(a) This Subpart sets forth the performance standards
and the minimum substantive requirements for proper closure,
post-closure maintenance, and ultimate reuse of disposal facility sites
to assure that public health and safety and the environment are
protected from pollution due to the handling, recycling, treatment, or
disposal of solid waste. The Regulations in this Subpart apply to all
disposal facility sites within the exterior boundaries of the
Reservation.
(b) Partial or final closure of disposal facilities
shall be in compliance with the provisions of this Subpart. Disposal
facilities shall be closed according to an approved closure and
post-closure maintenance plan that provides for continued compliance
with the applicable standards for solid waste containment and
precipitation and drainage controls in Subpart C, the water quality
monitoring program requirements in Subpart D, the decomposition gas
control program requirements in Subpart E, and the explosive gas control
program requirements in Subpart F throughout the closure and
post-closure maintenance period.
(c) Closure shall be under the direct supervision of a
registered civil engineer or a certified engineering geologist.
(d) Closed disposal facilities shall be provided with at
least two permanent monuments installed by a licensed land surveyor or a
registered civil engineer from which the location and elevation of
wastes, containment structures, and monitoring facilities can be
determined throughout the post-closure maintenance period.
(e) Vegetation for closed disposal facilities shall be
selected to required minimum irrigation and maintenance and shall not
impair the integrity of containment structures, including the final
cover.
(f) CEPA shall require the operator to establish an
irrevocable closure fund or provide other means to ensure closure and
post-closure maintenance of each disposal facility in accordance with an
approved plan.
Section 530.72. Landfill Closure Requirements.
(a) Final Cover Requirements.
(1) The operator shall provide not less than two
(2) feet of appropriate materials as a foundation layer for the final
cover. This material may be soil, contaminated soil, incinerator ash,
or other material, provided that such material has appropriate
engineering properties to be used for a foundation layer. The
foundation layer shall be compacted to the maximum density obtainable
at optimum moisture content using methods that are in accordance with
accepted civil engineering practice. A lesser thickness may be
allowed if CEPA finds that differential settlement of solid waste and
ultimate land use will not affect the structural integrity of the
final cover.
(2) The operator shall provide not less than one
(1) foot of soil containing no solid waste or leachate placed on top of
the foundation layer and compacted to attain a permeability of either
1 x 10(-)7 cm/sec or less, or equal to the permeability of any bottom
liner system or underlying natural geologic material, whichever is less.
Permeability determinations for cover material shall be appended to the
closure and maintenance report.
(3) The operator shall provide not less than two
(2) feet of soil containing no solid waste or leachate placed on top of
the material described in Paragraph (2) of this Subsection; the rooting
depth of any vegetation planted on the cover shall not exceed the depth
to the material described in Paragraph (2) of this Section.
(4) CEPA may require additional thickness and
quality of cover depending on relevant site-specific factors, including
but not limited to the following:
(A) a need to limit infiltration of water to
the greatest extent possible;
(B) a need to control disposal facility gas
emissions;
(C) the future reuse of the site; and
(D) a need to protect the low permeability
layer from desiccation, penetration by rodents, and heavy equipment
damage.
(5) The cover shall be designed and constructed to
function with the minimum maintenance possible.
(b) Grading Requirements.
(1) Closed landfills shall be graded and
maintained to prevent ponding and to provide slopes of at least five
percent (5%). Lesser slopes may be allowed if an effective system is
provided for diverting surface drainage from covered solid waste.
(2) Areas with slopes greater than ten percent
(10%), surface drainage courses, and areas subject to erosion by water
and wind shall be protected or designed and constructed to prevent such
erosion.
(c) Post-closure Requirements.
Throughout the post-closure maintenance period, the
operator shall:
(1) Maintain the structural integrity and
effectiveness of all containment structures and maintain the final cover
as necessary to correct the effects of settlement and other adverse
factors;
(2) Continue to maintain and operate the leachate
collection and removal system;
(3) Maintain monitoring systems and monitor the
groundwater, surface water, and the unsaturated zone in accordance with
the requirements of these Regulations;
(4) Maintain gas control and monitoring systems
and monitor the concentration of explosive gas in accordance with the
requirements of these Regulations;
(5) Prevent erosion and related damage of the
final cover due to drainage; and
(6) Protect and maintain surveyed monuments.
Section 530.73. Surface Impoundment Closure Requirements.
(a) All free liquid remaining in a surface impoundment
at the time of closure shall be removed. All residual liquid shall be
treated to eliminate free liquid.
(b) Following removal and treatment of liquid waste,
surface impoundments shall be closed in one of two ways, as approved by
CEPA:
(1) All residual solid waste, including but not
limited to sludges, precipitates, settled solids, and liner materials
contaminated by solid waste, shall be completely removed from the
impoundment. Remaining containment features shall be inspected for
contamination and, if not contaminated, may be dismantled. Any natural
geologic material beneath or adjacent to the closed impoundment that has
been contaminated shall be removed. If, after reasonable attempts to
remove such contaminated material, the operator demonstrates that
removal of all remaining contamination is infeasible; the surface
impoundment shall be closed as a sanitary landfill; or
(2) All residual solid waste, including but not
limited to sludges, precipitates, settled solids, and liner materials
shall be compacted and the surface shall be closed as a disposal
facility, provided that the surface impoundment meets applicable
standards for disposal facilities in Subparts B and C of this Part, and
further provided that the moisture content of residual solid waste
does not exceed the moisture-holding capacity of the solid waste
either before or after closure.
Section 530.74. Waste Pile Closure Requirements. Waste piles
shall be closed in one or two ways, as approved by CEPA:
(a) All solid waste and any components of the
containment system that are contaminated by solid waste shall be
removed. Remaining containment features shall be inspected for
contamination and, if not contaminated, may be dismantled. Any soil
or other material beneath the closed waste pile that has been
contaminated shall be removed. If, after reasonable attempts to
remove such contaminated material, the operator demonstrates that
demonstrates that removal of all remaining contamination is infeasible,
the waste pile shall be closed as a sanitary landfill; or
(b) A waste pile may be compacted, covered, and closed
as a disposal facility provided that the closed waste pile meets the
applicable standards for disposal facilities in Subparts B and C of this
Part, or contains only dry waste and was no required to have a leachate
collection and removal system.
Section 530.75. Time Frames for Closure.
(a) Within thirty (30) days after receipt of the final
shipment of solid waste to the disposal facility or a discrete unit
thereof, the operator shall begin implementation of the closure plan
approved by CEPA pursuant to these Regulations. Closure activities
shall follow the time schedule specified in the closure plan approved by
CEPA pursuant to these Regulations.
(b) The operator shall complete closure activities in
accordance with the closure plan within 180 days following the beginning
of closure activities. CEPA may grant extensions of the closure period
if the operator demonstrates that closure will, of necessity, take
longer than 180 days and has taken and will continue to take all steps
to prevent threats to human health and the environment.
(c) Following completion of closure activities, the
operator shall submit to CEPA a certificate, prepared and certified by a
registered civil engineer or a certified engineering geologist,
verifying that closure has been completed in accordance with the
approved closure plan.
(c) If the time schedule for completion of specific
activities cannot be followed to due to adverse weather or other time
factors not in the control of the operator, CEPA may lengthen the time
schedule based upon those specific factors.
(1) The operator shall notify CEPA of any change
in schedule due to adverse weather or other factors not in the
operator's control. The operator shall notify CEPA as soon as the
operator becomes aware of a needed change.
(2) CEPA may deny the change requested if the
notification does not specify those factors requiring the change, the
factors justifying the change are in the control of the operator, or the
requested extension continues beyond the impact of the adverse
condition.
Section 530.76. Partial Closure.
(a) The operator shall, to the extent feasible based on
site-specific factors, implement partial closure activities as the
disposal facility operation progresses, and such partial closure
activities shall be consistent with the closure of the entire site.
(b) Partial closure may be accomplished by either:
(1) implementing one or a combination of
individual closure activities, including but not limited to placement
of final cover, final grading, revegetation, and installation of
environmental monitoring control systems; or
(2) closing discrete units to meet all applicable
closure requirements of these Regulations. Following closure of a
discrete unit, in accordance with an approved plan, this unit would not
be subject to regulatory changes.
Section 530.77. Closure of Treatment Units.
(a) All treatment units located within the disposal
facility site shall be subject to the requirements of these Regulations.
Each unit shall be incorporated into both the closure and the
post-closure maintenance plans. This Section does not apply to
activities that continue after the disposal facility has completed
closure, except for those units that will directly or indirectly impact
the closure and post-closure activities at the disposal facility.
(b) Upon ceasing operation, treatment units shall
either:
(1) have all solid waste and residue that may pose
a threat to public health and safety and the environment removed and
legally disposed of, to the satisfaction of CEPA; or
(2) be closed as disposal facilities.
Section 530.78. Emergency Response Plan.
(a) The operator shall prepare and maintain a written
post-closure emergency response plan at the disposal facility or at an
alternate location designated by the operator with the approval of CEPA.
Any alternate location shall be specified within the text of the
emergency response plan. The plan shall be submitted as part of the
post-closure maintenance plan pursuant to these Regulations. The
emergency response plan must identify occurrences that may exceed the
design of the site and endanger public health and safety or the
environment. The plan shall describe specific procedures that will
minimize these hazards. The events that the plan shall address include
but are not limited to vandalism; fires; explosions; earthquakes;
seiches; floods; the collapse or failure of artificial or natural
dikes, levees, dams, or liners; surface drainage problems; and other
solid waste releases.
(b) The emergency response plan shall include but not
be limited to the following:
(1) an identification of events that would require
the implementation of corrective action measures. This section does not
apply to corrective actions under the groundwater monitoring or gas
monitoring provisions of these Regulations;
(2) a description of the actions to be taken, and
the sequence and implementation schedule needed to mitigate the
conditions; and
(3) a statement regarding the general availability
of the equipment required to mitigate each type of emergency.
(c) The operator shall amend the emergency response
plan:
(1) when a failure or release for which the plan
did not provide an appropriate response occurs;
(2) when the post-closure use of and/or structures
on the disposal facility site change, and these changes are not
addressed in the existing plan; or
(3) if CEPA notifies the operator in writing that
the current emergency response plan is inadequate. CEPA shall include
within the written notice items that must be addressed in the plan in
order for it to comply with this section. The operator shall submit an
amended emergency response plan to CEPA within thirty (30) days of
receipt of an inadequacy notice.
(d) When the operator amends the emergency response
plan pursuant to this Section, the operator shall submit a written copy
of the amended plan to CEPA.
Section 530.79. Security at Closed Sites.
(a) The operator shall place a sign at all points of
access to a disposal facility site sixty (60) days prior to the closure
of that site. The sign shall state the intended date of closure of the
site and shall provide the location of alternative permitted solid waste
disposal facilities. The signs shall remain for a period of not less
than one hundred eighty (180) days after the disposal facility has
received the final shipment of solid waste. A notice shall be placed
in a newspaper of general circulation in eastern San Diego County.
This notice shall be published thirty (30) days prior to closure and
state the location of the disposal facility site, the intended date of
closure, and alternative solid waste disposal facilities.
(b) Disposal facilities that do not allow public
disposal and that have not allowed public access to the site for more
than one (1) year prior to cessation of acceptance of solid waste or
are undertaking partial closure pursuant to these Regulations shall be
exempt from the provisions of Subsection (a).
(c) The operator shall ensure that, within ten (10 days
after receipt of the final shipment of solid waste, all points of access
to the site are restricted to entry permitted by this Section only.
Components of any monitoring, control, or recovery systems at the
disposal facility site shall be protected from access other than that
allowed in accordance with the closure and post-closure maintenance
plans approved pursuant to these Regulations.
(d) At least one (1) sign shall be posted in a visible
location at the main point of access within ten (10) days of receipt of
the final shipment of solid waste at a disposal facility stating where
the closure and post-closure maintenance plans are kept and can be
inspected. The sign shall state a telephone number for emergency
notification. The number shall either be local or toll-free. This sign
shall remain for the duration of the post-closure maintenance period and
shall be maintained in a legible and upright condition.
(e) All signs required by this section must be written
at least in English and in such other language(s) as CEPA may require
and be clearly legible to anyone with normal vision during daylight
hours at a distance of twenty-five (25) feet from the disposal facility
site boundary.
(f) When necessary to carry out the purposes of this
section, CEPA may require more signs, signs written in additional
languages, larger signs, or signs of clearer design by giving a written
notice to the operator. The operator shall then have thirty (30) days
after receipt of the notice to meet the additional requirements.
Section 530.80. Inspection Upon Completion.
The operator shall notify CEPA no more than ten (10)
days after the last shipment of solid waste has been received at a
disposal facility or a discrete unit thereof subject to partial closure
pursuant to these Regulations, and prior to the commencement of closure
activities. CEPA shall inspect the site within ten (10) working days
of notification to determine that the requirements of these Regulations
have been met. Disposal facility equipment shall not be removed from
the facility until the inspection has been completed.
Section 530.81. Structure Maintenance and Removal. The operator
shall:
(a) provide for the security, monitoring, and
maintenance of disposal facility site structures during the post-closure
period in accordance with the final post-closure maintenance plan
approved by CEPA pursuant to these Regulations; or
(b) dismantle and remove these structures at the time
of closure in accordance with the schedule of the final closure plan
approved by CEPA pursuant to these Regulations.
Section 530.82. Decommissioning of Environmental Control Systems.
(a) The operator shall ensure that components of
environmental control systems that have come into contact with leachate
or decomposition gas and which are dismantled at the time of closure or
during the post-closure period, and are not intended for reuse:
(1) are disposed of within the disposal facility
in accordance with the approved final closure plan; or
(2) legally transported to and disposed of at
another solid waste facility that is approved for receipt of such
materials. Transportation and disposal should be accomplished in a
manner that prevents the introduction of gas condensate, leachate, or
constituents to the environment beyond the disposal facility site
boundary.
(b) Dismantled environmental control systems that are
intended for reuse shall be cleaned prior to removal.
(1) The operator shall propose the methods of
cleaning in the preliminary and final closure plan for approval by CEPA
pursuant to the requirements of these Regulations. Satisfactory methods
may include but are not limited to one or more of the following:
(A) washing with water, detergents, or
chemical solvents;
(B) steam cleaning;
(C) scrubbing with abrasives; and
(D) sand blasting.
(2) Residues produced as a result of these
cleaning procedures shall be disposed of in accordance with applicable
federal and tribal laws.
Section 530.83. Final Cover.
(a) The final cover shall be designed by a registered
civil engineer or certified engineering geologist.
(b) Cover material of a thickness and quality meeting
the requirements of these Regulations shall be placed over the entire
surface of the final lift as the disposal facility reaches final
configuration. The time period allowed for placement of final cover
after beginning of closure activities shall in no event exceed one
hundred eighty (180) days, unless a longer period is approved in writing
by CEPA.
Section 530.84. Final Grading.
(a) The site shall be designed with final grades:
(1) that accommodate anticipated future
settlement;
(2) that prevent ponding;
(3) that provide slopes of at least five percent
(5%), provided, that lesser slopes may be allowed if the operator
provides an effective system for diverting surface drainage from covered
solid waste; and
(4) to reduce run-off velocities to protect the
final cover from soil erosion. Areas with slopes greater than ten
percent (10%), surface drainage courses, and areas subject to erosion by
water and wind shall be protected or designed and constructed to prevent
such erosion.
(b) The final grading design shall be developed through
an analysis of each function by a registered civil engineer or certified
engineering geologist.
(c) To the extent feasible, based on site-specific
factors, final grading shall be implemented as partial closure pursuant
to these Regulations as the site reaches final configuration.
(d) The operator shall develop and implement quality
control procedures to ensure that final grading is constructed as
designed and approved.
(e) The operator shall design specific slope
configurations and drainage methods depending upon local topography,
climate, and post-closure land use.
(f) The operator shall prepare calculations based on
the final site configuration to determine anticipated differential
settlement of the site during the post-closure maintenance period.
Appropriate measuring techniques shall be used to monitor settlement,
including but not limited to:
(1) installation of at least two permanent
monuments in accordance with the requirements of these Regulations;
(2) an aerial photographic survey of the entire
disposal facility site upon completion of closure activities and every
five (5) years throughout the post-closure maintenance period. These
aerial photographs shall be from a flight height above mean terrain to
produce a map with a maximum contour interval of two feet (2') and with
corresponding horizontal and vertical ground control points or
sufficient survey points to produce a map of equal scale. A lesser
frequency for the aerial photographic survey may be approved by CEPA,
based on volume of waste and amount of settlement of the site;
(3) alternative techniques submitted to and
approved in writing by CEPA to determine differential settlement may be
used to prepare required maps; and
(4) an iso-settlement map shall be produced
showing the change in elevation from the map produced upon closure and
the most recent topographic map, with a maximum contour interval of two
feet (2').
Section 530.85. Final Site Face.
(a) The operator shall ensure the integrity of final
slopes under both static and dynamic conditions. The slope of portions
of the fill that will be the final exterior surface shall be developed
in accordance with the requirements of these Regulations. Slopes shall
not be steeper than a horizontal to vertical ratio of one and three
quarters to one (1 3/4:1), with a minimum of one fifteen-foot wide
bench for every fifty (50) feet of vertical height. Slopes steeper
than a horizontal to vertical ratio of three to one shall be supported
by a slope stability report.
(b) The stability of disposal facility slopes located
in areas subject to liquefaction or unstable areas with poor foundation
conditions shall be substantiated by a foundation stability report.
Flatter, vegetated slopes are recommended for surfaces that face
residential property, roads, and other property frequented by the
public. CEPA may require flatter slopes or additional benches where
necessary to ensure preservation of the integrity of the final cover
and environmental control systems under static and dynamic conditions,
for successful establishment of ground cover, or for erosion control.
Slope stability reports may also be required by CEPA in areas subject
to liquefaction, unstable areas with poor foundation conditions, or
when geomembranes are used in site design.
(c) A slope or foundation stability report shall be
prepared by a registered civil engineer or certified engineering
geologist. The report must indicate a factor of safety for the
critical slope of at least 1.5 under dynamic conditions. The report
shall include but not be limited to the following elements:
(1) Report preparation shall be in accordance
with California Division of Mines and Geology Note Number 42,
"Guidelines for Geologic/Seismic Reports," May 1986, and Note Number
44, "Guidelines for Preparing Engineering Geologic Reports," April
1986, both of which are incorporated herein by reference, and shall
include the following seismicity elements:
(A) a review of earthquakes during historic
time;
(B) the locations of active major faults;
and
(C) a surface investigation of the site and
surrounding area.
(2) The location of the critical slope and other
slopes analyzed to determine the critical slope shall be shown in map
view.
(3) Calculations used to determine the critical
slope shall be included.
(4) A profile of the critical slope geometry
showing the various layers, including but not limited to the proposed
fill surface, final cover, mitigation berms, lifts or cells of waste,
fluid levels, and any feature that may serve to reduce the stability of
the slope or may represent a potential failure surface; and the
proposed ground surface, soil or rock layers, and structural features.
(5) The engineering properties of the refuse and
other layers making up the site shall be analyzed when determining the
critical slope, including but not limited to a site-specific assessment
of the strength parameters, the unit weight and, if required by these
Regulations, the shear wave velocity of each of these layers.
(6) An assessment of the engineering properties
of the underlying foundation materials under both static and dynamic
conditions based on field and laboratory tests as determined necessary
by a registered civil engineer or certified engineering geologist.
(7) The maximum expected horizontal acceleration
in rock at the site determined for the maximum probable earthquake as
defined in California Division of Mines and Geology Note Number 43,
"Recommended guidelines for determining the Maximum Credible and the
Maximum Probable Earthquakes," February 1975, which is incorporated by
reference. The maximum expected acceleration in rock derived from the
maximum credible earthquake as defined in California Division of Mines
and Geology Note Number 43 may be used instead of the maximum probable
earthquake. Maximum credible earthquake and maximum probable
earthquake acceleration shall be supported by data and analysis.
(8) Seismic shaking parameters other than
acceleration shall also be included in any assessment of dynamic slope
stability, including but not limited to earthquake magnitude and
duration.
(9) Documentation of any peer-reviewed reduction
factor for acceleration applied to attenuate the acceleration through
the soil column or fill materials.
(10) The dynamic stability of the final slopes
shall include documentation of a peer-reviewed amplification factor for
acceleration in loose saturated soils if the disposal facility is
located in an area subject to liquefaction, poor foundation conditions,
or seismic amplification.
(11) In lieu of achieving a factor of safety of
1.5 under dynamic conditions, a more rigorous analytical method that
provides a quantified estimate of the magnitude of movement may be
used. In this case, the report shall demonstrate that this amount of
movement can be accommodated without jeopardizing the integrity of the
final cover or the environmental control systems.
Section 530.86. Final Drainage.
(a) A final drainage system shall be designed,
constructed, graded, and maintained in accordance with the requirements
of these Regulations and approved by CEPA.
(b) The final drainage design shall be developed
through an engineering analysis performed by a registered civil
engineer.
(c) To the extent feasible based on site-specific
factors, the drainage system shall be constructed as partial closure
pursuant to these Regulations as the site reaches final configuration.
(d) The operator shall develop and implement quality
control procedures to ensure that the final drainage system is
constructed according to the approved final closure plan.
(e) A drainage system shall include:
(1) Design features to divert sheet runoff,
laterally or the shortest distance, to a drainage channel and
collection system including:
(A) a run-off control system designed and
constructed in accordance with the requirements of these Regulations;
(B) run-off controls designed to function as
diversionary structures to intercept and convey water to collection
facilities;
(C) energy dissipators designed to decrease
the velocity of run-off; and
(D) slope protection and erosion control
measures, meeting the requirements of these Regulations; and
(2) A run-on control system designed to function
as diversionary structures to intercept and convey water to collection
facilities. The operator shall design and construct the run-on control
system to prevent washout of solid waste during peak discharge from at
least a 100-year flood.
(f) The collection and holding facilities associated
with the run-off control system shall meet the requirements of these
Regulations. The following minimum standards shall be achieved.
(1) The operator shall propose for approval by
CEPA procedures for the disposal of solids and liquids accumulated in
the collection and holding facilities.
(2) Any leachate collection and holding
facilities constructed pursuant to these Regulations shall be
maintained so that no run-off accumulates in these systems, and run-off
accumulated in designated leachate collection and holding facilities
shall be subject to the leachate control and monitoring requirements of
these Regulations.
(3) Collection and holding facilities shall be
secured and maintained during the closure and post-closure maintenance
period to prevent unauthorized access.
(g) The operator shall design and construct run-on and
run-off systems and collection facilities to reflect the following:
(1) the expected final contours for the site and
the planned drainage pattern;
(2) the drainage pattern of the surrounding area
and the possible effects on and of the regional watershed;
(3) the connection with and design capacity of
drainage facilities on adjacent and downstream properties;
(4) the final grading design to prevent rapid
run-off; and
(5) the isolation of uncontaminated surface
waters from water that has come into contact with solid waste.
(h) Holding facilities shall be designed and
constructed so that they will not be overtopped during a twenty-four
(24) hour precipitation event with a 100-year return period and shall
be maintained throughout the post-closure maintenance period. If the
off-site channel(s) cannot accommodate flow from such a precipitation
event, the operator shall release the water downstream in a manner that
will not cause erosion or inundation of the off-site channel(s). The
collection and holding facilities shall be designed and maintained in
accordance with the requirements of these Regulations.
(i) Underdrains and temporary diversion ditches used
during the operating phase of the disposal facility shall not be
included in the final drainage design. Surface diversion features
shall be used in lieu of these structures for the closure and
post-closure maintenance period. Underdrains used to control surface
water during the operating life of the site shall be permanently sealed
during closure.
(j) The operator shall design and construct any
drainage layer in the final cover to intersect with the final drainage
system.
Section 530.87. Slope Protection and Erosion Control.
(a) The operator shall develop and implement
procedures to protect the integrity of the final cover and enhance its
ability to prevent erosion and minimize soil erosion from disturbed
areas.
(b) The procedures developed shall be designed by a
registered civil engineer or certified engineering geologist.
(c) To the extent feasible, based on site-specific
factors, the operator shall implement initial vegetation efforts in the
beginning of the rainy season to aid in the germination of seed and the
establishment of plant growth.
(d) To the extent feasible, based on site-specific
factors, the operator shall implement slope protection and erosion
control methods as partial closure pursuant to these Regulations.
(e) The operator shall establish and maintain a
vegetative cover according to the post-closure land use. The following
plant species selection criteria shall be used:
(1) rooting depth of any vegetation growing on
the cover shall not exceed the depth to the material that functions as
a barrier layer pursuant to the final cover design;
(2) tolerance of final cover vegetative layer
soil conditions and the effects of decomposition gas;
(3) resistance to fire, diseases, and insects and
other pests;
(4) adaptability to site climate;
(5) rapidity of germination and growth;
(6) self-propagation and persistence;
(7) high percentage of surface coverage;
(8) low long-term maintenance needs; and
(9) irrigation of vegetation in accordance with
the requirements of these Regulations.
(f) The operator shall stabilize slopes to prevent
soil erosion, including but not limited to side slopes and any
excavated land within the disposal facility site. Satisfactory methods
that function to protect slopes include but are not limited to:
(1) reduction of water velocity by minimizing
both the slope angle and/or the length of the final surface between
drainage collection points; and
(2) trapping of suspended solids by terracing
contour furrows and trenches.
(g) The operator shall use processes, materials,
and/or structures that protect slopes from the erosive effects of water
and wind and provide a moisture barrier to assist in the germination
of seeds including but not limited to:
(1) application of non-living mulching materials;
(2) riprap, geotextile nets or grids, and
chemical stabilizers; and
(3) scarifying the surface.
(h) The operator shall perform a run-off analysis for
sheet and rill erosion to predict the amount of soil loss in tons per
acre per year based on factors including but not limited to:
(1) rainfall erosivity;
(2) land use;
(3) soil erodability; and
(4) length and steepness of slope.
The operator shall use the results of this analysis to compare cover
soils based on the various design functions and features for drainage,
top and side slopes, and vegetation type.
(i) The operator shall demonstrate to CEPA that the
slope protection and erosion control methods are implemented in
accordance with the approved final closure and post-closure maintenance
plan.
Section 530.88. Recording. The operator, upon completion of
closure of the disposal facility, shall file a detailed description of
the closed site, including but not limited to a map, with CEPA and the
Bureau of Indian
Affairs. The site description shall include but not be limited to the
following:
(a) the date that closure was completed;
(b) the boundaries of the filled area or, if the site
was closed in increments, the boundaries of each discrete unit;
(c) the location and telephone number of the office
where the closure and post-closure plans can be obtained; and
(d) a statement that the future use of the disposal
facility site is restricted in accordance with the post-closure
maintenance plan.
Section 530.89. Post-closure Maintenance.
(a) The operator shall cause the disposal facility to
be maintained and monitored for a period of not less than thirty (30)
years after the completion of closure, provided that where partial
closure of discrete units is implemented under these Regulations,
post-closure maintenance will begin for such unit upon partial closure
and shall continue until thirty (30) years after closure of the final
discrete unit. Post-closure maintenance and monitoring shall include
but not be limited to the following:
(1) maintenance of the final site face as
specified in the final closure plan developed pursuant to these
Regulations;
(2) maintenance of the final cover as specified
in the final closure plan developed pursuant to these Regulations;
(3) site security;
(4) groundwater monitoring and maintenance of the
components of the monitoring system as specified in the final closure
and post-closure maintenance plans developed pursuant to these
Regulations; and
(5) gas monitoring and maintenance of the
components of the monitoring system as specified in the final closure
and post-closure maintenance plans developed pursuant to these
Regulations.
(b) If, at the end of thirty (30) years of
post-closure maintenance, the operator demonstrates to the satisfaction
of CEPA that, based upon disposal facility site geology, design
characteristics, and field data collected pursuant to the monitoring
systems required by these Regulations, the site poses no threat to
public health and safety or the environment, CEPA may terminate the
post-closure maintenance period.
(c) Following completion of post-closure maintenance
activities, the operator shall submit to CEPA a certificate, prepared
and
certified by a registered civil engineer or a certified engineering
geologist, verifying that post-closure maintenance has been completed
in accordance with the approved post-closure maintenance plan.
(d) CEPA shall cause each disposal facility to be
inspected a minimum of semi-annually for compliance with the
post-closure maintenance plan and evaluate compliance with each
requirement of the plan as specified in these Regulations.
Section 530.90. Post-closure Land Use.
(a) The disposal facility site design shall show one
or more proposed post-closure uses of the site toward which the
operator will direct its efforts, or shall show development as open
space, graded to harmonize with the setting and landscaped with native
shrubbery or low maintenance ground cover.
(b) If the disposal facility is to be used for
purposes other than nonirrigated open space during the post-closure
maintenance period, the operator shall submit to CEPA a map showing all
proposed structures, landscaping, and related features to be installed
and maintained over the final cover. This map shall be at a scale of
1:100 and shall be accompanied by:
(1) a description and quantification of water
entering, leaving, and remaining on-site from all sources sufficient to
allow CEPA to determine potential adverse impacts due to the proposed
use, and corresponding mitigative design features that will ensure the
physical and hydraulic integrity of the final cover; and
(2) detailed design plans and description(s) of
the monitoring system(s) that will effectively detect penetration of
the final cover by precipitation or applied irrigation waters.
(c) All proposed construction improvements on
completed disposal facility sites shall be submitted to CEPA for review
and comment concerning possible construction problems, hazards to
health and safety, effects on the environment, and factors that might
affect the improvements.
(d) Construction improvements on the site shall
maintain the integrity of the final cover, the liner(s), all components
of the containment system(s), and the functions of the monitoring
system(s). The operator shall demonstrate to the satisfaction of CEPA
that the activities will not increase the potential threat to public
health and safety and the environment, or that the activities are
necessary to reduce the threat to public health and safety and the
environment. Any proposed modification or replacement of the barrier
layer of the final cover shall be submitted for consideration and
approval by CEPA in accordance with these Regulations.
(e) Construction of structural improvements on top of
solid waste deposit areas during the post-closure period shall meet the
following conditions:
(1) Automatic methane gas sensors, designed to
trigger an audible alarm when methane concentrations are detected,
shall be installed in all buildings;
(2) Enclosed basement construction is prohibited;
(3) Buildings shall be constructed to mitigate
the effects of gas accumulation, including but not limited to
installation of an active gas collection or vent system;
(4) All utility connections shall be designed
with flexible connections and utility collars;
(5) Utilities shall not be installed at or below
the barrier layer of final cover; and
(6) Pilings shall not be installed in or through
the barrier layer of the final cover or any liner.
(f) CEPA may require that an additional soil layer or
building pad be placed on the final cover prior to construction to
protect the integrity and function of the various layers of final
cover.
(g) All on-site structures constructed within one
thousand (1000) feet of the solid waste deposit area shall be designed
and constructed in accordance with the following, or in accordance with
an equivalent design that will prevent gas migration into the building:
(1) A geomembrane or equivalent system with high
gas impermeability shall be installed between the slab and subgrade;
(2) A permeable layer of open-graded material of
clean aggregate with a minimum thickness of twelve (12) inches shall be
installed between the geomembrane and the subgrade or slab;
(3) A geotextile filter shall be used to prevent
the introduction of fines into the permeable layer;
(4) Perforated venting pipes designed to operate
without clogging shall be installed within the permeable layer;
(5) The venting pipe shall be constructed with
the ability to be connected to an induced draft exhaust system; and
(6) Automatic methane gas sensors shall be
installed within the venting pipe/permeable gas layer and inside the
building to trigger an audible alarm when methane gas concentrations
are detected.
Subpart H. Financial Responsibility for Closure
and Post-closure Maintenance and
Corrective Action Programs
Section 530.91. Scope and Applicability.
(a) This Subpart requires operators of solid waste
disposal facilities to demonstrate the availability of financial
resources to conduct closure and post-closure maintenance activities
and to initiate and complete necessary corrective action programs.
This financial responsibility is essential for providing long-term
assurance that solid waste disposal facilities will be closed and
maintained during the post-closure period in a manner that protects
public health and safety and the environment from pollution due to the
disposal of solid waste.
(b) The requirements of this Subpart apply to
operators of all solid waste disposal facilities within the exterior
boundaries of the Reservation.
Section 530.92. Amount of Required Coverage.
(a) Except as otherwise noted in this Section, the
operator of each solid waste disposal facility shall demonstrate
financial responsibility to CEPA in an amount equal to the sum of the
current closure cost estimate and the current post-closure cost
estimate, and current cost estimates of initiating and completing
corrective action programs for all known or reasonably foreseeable
releases from the disposal facility.
(b) Except as provided in Subsection (c) and Section
530.92(c), an operator that uses a trust fund to demonstrate financial
responsibility shall maintain a fund balance that equals or exceeds the
amount specified in this Subsection.
(1) By each anniversary date of the establishment
of the fund, the operator shall estimate the permitted capacity filled
during the past year. This estimate shall be consistent with
information in the operator's annual report.
(2) On each anniversary date of the establishment
of the fund, the minimum fund balance shall be increased by the
quantity determined by the following formulas, where C(f) is the
permitted capacity filled in the past year, C(t) is the total permitted
capacity, and E is the current closure and/or post-closure cost
estimate(s) covered by the fund:
2 x C(f)/C(t) x E
(3) The fund buildup shall be complete when the
fund balance is at least equal to the current closure and/or
post-closure cost estimate(s) and cost estimates for reasonably
anticipated corrective action programs covered by the fund.
(c) Except as provided in Section 530.92(c), if an
operator establishes a trust fund after having used one or more
alternate mechanisms, the initial fund balance shall be at least equal
to the amount specified by Subsection (b).
Section 530.93. Cost Estimates for Corrective Actions. In
determining the amounts of financial assurance necessary under this
Section, the operator shall maintain a detailed written estimate, in
current dollars, of the cost of hiring a third party to perform all
known or reasonably foreseeable corrective actions that may be required
by these Regulations.
(a) The corrective action cost estimate is calculated
by multiplying the estimated annual cost of the anticipated corrective
action program by the number of years the program would be expected to
continue before the operator is released from the program requirements;
(b) The operator annually must adjust the estimate for
inflation until released from financial assurance requirements;
(c) The operator must submit a revised copy of the
estimate of the costs of performing anticipated corrective action
programs to CEPA at least annually; and
(d) The operator must keep a copy of the latest
estimate of costs of performing anticipated corrective action programs
at the disposal facility.
Section 530.94. Acceptable Mechanisms and Combinations of
Mechanisms.
(a) General. Subject to the limitations described
below, an operator shall use any one or any combination of the
mechanisms specified in this Section to demonstrate financial
responsibility for a solid waste disposal facility. Any mechanism used
to demonstrate financial responsibility shall be adjusted within sixty
(60) days after changes are made in the amount of any current closure
or post-closure cost estimate covered by the mechanism.
(b) Limitations.
(1) If an operator combines a trust fund with any
other mechanism to cover closure costs and/or post-closure maintenance
costs, the operator may only use the fund buildup authorized by Section
530.91(b) for the portion of closure and/or post-closure maintenance
costs covered by the trust fund.
(2) An operator shall not combine a performance
bond with any other mechanism(s) for closure or for post-closure
maintenance.
(3) An operator may use a financial means test
and/or guarantee to demonstrate financial responsibility for
post-closure maintenance only.
(4) An operator may combine a financial means
test with a guarantee only if, for the purpose of meeting the
requirements of the financial means test, the financial statements of
the operator are not consolidated with the financial statements of the
guarantor.
(c) Trust Fund.
(1) The trust fund shall have a trustee that is
authorized to act as a trustee and whose trust operations are regulated
and examined by a federal agency. The trust agreement shall be worded
as specified by CEPA Form 100 (1/91), which is incorporated by
reference.
(2) If at any time the value of the trust fund is
greater than the required amount of coverage minus the amount of
coverage demonstrated by other mechanisms, the operator may request in
writing that CEPA authorize the release of the excess funds. No later
than sixty (60) days after receiving such a request, CEPA will review
the request and, if excess funds are verified, will instruct the
trustee to release the funds.
(d) Letter of Credit.
(1) The institution issuing a letter of credit
shall have the authority to issue letters of credit, and its
letter-of-credit operations shall be regulated and examined by a
federal agency. The letter of credit shall be worded and completed as
specified by CEPA Form 101 (1/91), which is incorporated by reference.
(2) The letter of credit shall be accompanied by
a letter from the operator identifying the number, issuing institution,
and date of issuance of the letter of credit and the amount of funds
assured by the letter of credit for closure and/or post-closure
maintenance of a solid waste disposal facility.
(3) The letter of credit shall be irrevocable and
shall be issued for a period of at least one year. The letter of
credit shall provide that the expiration date will be automatically
extended for a period of at least one year, unless the issuing
institution provides notice of termination as specified in these
Regulations. If an operator fails to demonstrate alternate coverage
within sixty (60) days after receiving a notice of termination, CEPA
may allow an issuing institution to extend the term of a letter of
credit for a period of time shorter than one year.
(4) The issuing institution shall become liable
under the terms of the letter of credit if CEPA determines that the
operator has failed to perform closure or post-closure maintenance as
guaranteed by the mechanism.
(e) Surety Bond.
(1) The status of the surety company issuing a
surety bond shall be among those listed as holding certificates of
authority as acceptable sureties on Federal bonds and as acceptable
reinsuring companies in Circular 570 of the U.S. Department of the
Treasury, which is published on July 1 of each year in the Federal
Register.
(2) The surety bond shall be worded and completed
as specified by one of the following forms, which shall be supplied
by CEPA:
(A) CEPA Form 102 (1/91), which is
incorporated by reference, for a surety bond guaranteeing performance;
or
(B) CEPA Form 103 (1/91), which is
incorporated by reference, for a surety bond guaranteeing payment.
(3) The surety company shall become liable under
the terms of the bond if CEPA determines that the operator has failed
to perform closure or post-closure maintenance as guaranteed by the
bond.
(f) Financial Means Test.
(1) To pass the financial means test, an operator
or a guarantor shall meet the criteria of Paragraph (3), based on
year-end financial statements for the latest completed fiscal year.
(2) The phrase "current cost estimates covered by
the test" as used in Paragraph (3) refers to the current closure and/or
post-closure cost estimates required by Paragraph (4)(A) to be shown in
paragraphs 1 and 2 of the letter from the chief financial officer.
(3) The operator or guarantor shall have:
(A) two of the following three ratios: a
ratio of total liabilities to net worth that is less than 2.0; a ratio
of the sum of net income plus depreciation, depletion, and amortization
to total liabilities that is greater than 0.1; and a ratio of current
assets to current liabilities that is greater than 1.5;
(B) net working capital and tangible net
worth each at least six (6) times the sum of the current cost estimates
covered by the test;
(C) tangible net worth of at least ten
million dollars ($10,000,000);
(D) tangible net worth at least six (6)
times the sum of the current cost estimates covered by the test;
(E) assets located in the United States
amounting to at least ninety percent (90%) of its total assets or at
least
six (6) times the sum of the current cost estimates covered by the
test; and
(F) a current rating for its most recent
bond issuance of AAA or AA issued by Standard and Poor or Aaa or Aa
issued by Moody's.
(4) To demonstrate that the financial means test
criteria are met, the operator shall submit the following items to CEPA
and, in the case of a guarantor, to the operator within ninety (90)
days after the close of each financial reporting year:
(A) A letter on the operator's or
guarantor's official letterhead stationery that is worded and completed
as specified in CEPA Form 104 (1/91), which is incorporated by
reference, and contains an original notarized signature of the
operator's or guarantor's chief financial officer.
(B) A copy of an independent certified
public accountant's report on examination of the operator's or
guarantor's financial statements for the latest completed fiscal year
and a copy of the operator's or guarantor's financial statements for
the latest completed fiscal year.
(C) A special report by an independent
certified public accountant stating that:
(i) He or she has compared the data
that the letter from the chief financial officer specifies as having
been derived from the latest year-end financial statements of the
operator or guarantor with the amounts in such financial statements;
and
(ii) In connection with that
comparison, no matters came to his or her attention that caused him or
her to believe that the specified data should be adjusted.
(D) A copy of the operator's or guarantor's
most recent Form 10-K filed with the U.S. Securities and Exchange
Commission, if the operator or guarantor is required to make such a
filing.
(5) CEPA may require reports of financial
condition at any time from the operator. If CEPA finds, on the basis
of such reports or other information, that the operator no longer meets
the financial means test requirements of Paragraph (3), the operator
shall obtain alternate coverage within thirty (30) days after receiving
the notification of such a finding.
(6) If an operator using the financial means test
to provide financial assurance fails to meet the requirements of the
financial means test under Paragraph (3) based on the year-end
financial statements, the operator shall obtain alternate coverage
within one hundred twenty (120) days after the end of the year for
which financial statements have been prepared.
(7) If the operator fails to obtain alternate
coverage within the time specified in Paragraphs (5) or (6), the
operator shall notify CEPA of such failure.
(g) Guarantee.
(1) The guarantor shall be:
(A) a parent corporation of the operator;
(B) a firm whose parent corporation is also
the parent corporation of the operator; or
(C) a firm engaged in a substantial business
relationship with the operator and issuing the guarantee as an act
incident to that business relationship.
The guarantor shall meet and comply with the requirements of Paragraphs
(1), (2), (3), and (4) of Subsection (f). The guarantee shall be
worded and completed as specified by CEPA Form 105 (1/91), which is
incorporated by reference.
(2) The terms of the guarantee shall specify
that, if the operator fails to perform post-closure maintenance in
accordance with the applicable approved post-closure plan and permit
requirements when required to do so, the guarantor shall either:
(A) perform post-closure maintenance in
accordance with the applicable approved post-closure plan and permit
requirements; or
(B) establish and fund a trust fund meeting
the requirements of these Regulations in the name of the operator in
the amount of the applicable current post-closure cost estimate covered
by the guarantee.
(3) If the guarantor fails to meet the
requirements of the financial means test under Subsection (f), based on
the year-end financial statements, the guarantor shall, within ninety
(90) days after the end of that financial reporting year and before
cancellation or nonrenewal of the guarantee, send by registered or
certified mail notice of such failure to CEPA and the operator. The
guarantee will terminate no less than one hundred twenty (120) days
after the date that CEPA or the operator has received the notice of
such failure, as evidenced by the return receipts.
(4) CEPA may require reports of financial
condition at any time from a guarantor. If CEPA finds, on the basis of
such reports or other information, that the guarantor no longer meets
the financial means test requirements of Subsection (f) or any
requirements of this Section, CEPA will notify the guarantor and
operator of such finding and the guarantee shall terminate no less
than one hundred twenty (120) days after the date both the guarantor
and the operator receive such notification.
Section 530.95. Substitution of Mechanisms by Operator.
(a) An operator may substitute any alternate financial
assurance mechanism(s) acceptable to CEPA as specified in these
Regulations, provided that at all times the operator maintains an
effective mechanism or a combination of effective mechanisms that
satisfies the requirements of these Regulations.
(b) After obtaining alternate financial assurance, an
operator may request that CEPA terminate or authorize the termination
of a financial assurance mechanism. The operator shall submit such a
request in writing with evidence of alternate financial assurance.
Following approval by CEPA, the operator may cancel a financial
assurance mechanism by giving notice to the provider of financial
assurance.
Section 530.96. Cancellation or Nonrenewal by a Provider of
Financial Assurance.
(a) Except as otherwise provided in these Regulations,
a provider of financial assurance may cancel or fail to renew a
financial assurance mechanism by sending a notice of termination by
registered or certified mail to CEPA and the operator.
(b) Termination of a letter of credit, a surety bond,
or a guarantee shall not occur until one hundred twenty (120) days
after the date on which CEPA and the operator both have received the
notice of termination, as evidenced by the return receipts.
(c) If a provider of financial assurance cancels or
fails to renew a mechanism for reasons other than its bankruptcy or
incapacity, the operator shall obtain alternate coverage within sixty
(60) days after receiving the notice of termination. If the operator
fails to obtain alternate coverage within the sixty (60) days, the
operator shall notify CEPA of such failure.
Section 530.97. Bankruptcy or Other Incapacity of Operator or
Provider of Financial Assurance.
(a) Within ten (10) days after commencement of a
voluntary or involuntary proceeding under the Bankruptcy Code, 11
U.S.C. Sections 101-1330, naming an operator as a debtor, the operator
shall notify CEPA by registered or certified mail of such commencement
and submit the appropriate evidence documenting current financial
responsibility.
(b) Within ten (10) days after commencement of a
voluntary or involuntary proceeding under the Bankruptcy Code, 11
U.S.C. Sections 101-1330, naming a provider of financial assurance as
debtor, such
provider shall notify CEPA and the operator by registered or certified
mail of such commencement.
(c) An operator will be deemed to be without the
required financial assurance in the event of bankruptcy or other
incapacity of its provider of financial assurance or in the event of a
suspension or revocation of the authority of the provider of financial
assurance to issue a mechanism. If such an event occurs, the operator
shall demonstrate alternate financial assurance as specified in these
Regulations within sixty (60) days after receiving notice of the event.
If the operator fails to obtain alternate coverage within the sixty
(60) days, the operator shall notify CEPA of such failure.
Section 530.98. Depository Trust Fund.
(a) CEPA may require an operator using a letter of
credit or a surety bond to establish a depository trust fund meeting
the requirements of Subsection (c) if:
(1) the operator fails to demonstrate alternate
financial assurance within sixty (60) days after receiving notice of
cancellation of the mechanism; or
(2) the operator fails to perform closure or
post-closure maintenance in accordance with the applicable approved
closure or post-closure plan and permit conditions when required to do
so by CEPA and, in the case of a performance bond, the surety company
fails to perform such activities on behalf of the operator.
(b) CEPA may require an institution issuing a letter
of credit or a surety company to:
(1) establish a depository trust fund meeting the
requirements of Subsection (c) if the operator fails to establish a
depository trust fund as required by Subsection (a); and
(2) place into the depository trust fund an amount
of funds set by CEPA up to the limit of funds provided by the financial
assurance mechanism.
(c) The depository trust fund shall meet the
requirements of Section 530.92(c)(1).
(d) CEPA may draw on the depository trust fund as
specified by the trust agreement.
(e) If at any time the value of the depository trust
fund is greater than the required amount of coverage minus the amount
of coverage demonstrated by other mechanisms, the provider of financial
assurance that established the depository trust fund may request in
writing that CEPA authorize the release of the excess funds. No later
than sixty (60) days after receiving such a request, CEPA will review
the request and if any excess funds are verified, will instruct the
trustee to release the funds.
Section 530.99. Recordkeeping and Reporting.
(a) An operator shall maintain at the disposal
facility evidence of all financial assurance mechanisms used to
demonstrate financial responsibility until the operator is released
from the requirements of this Subpart.
(1) The operator shall maintain the original or a
copy of each financial assurance mechanism used to provide financial
responsibility and documentation of the estimated total permitted
capacity of the solid waste disposal facility.
(2) An operator using a trust fund with a buildup
period specified by Section 530.91(b) shall maintain documentation of
the remaining capacity filled during the past year for each year of the
buildup period.
(3) An operator using a financial means test or a
guarantee shall maintain a copy of the information specified in Section
530.92(f).
(4) An operator using a guarantee shall maintain
documentation of the guarantor's qualifications for providing a
guarantee under Section 530.92(g).
(b) An operator shall submit current evidence of
financial responsibility as described in Subsection (a) to CEPA:
(1) Whenever a financial assurance mechanism is
established or amended. In the case of a letter of credit, surety
bond, financial test, or guarantee, such documentation shall include
the original mechanism or amendment;
(2) With the submission of a closure or a
post-closure plan required by these Regulations or the amendment of a
cost estimate in a closure or post-closure plan as required by these
Regulations;
(3) If the operator fails to obtain alternate
coverage as required by these Regulations within sixty (60) days after
the operator receives notices of:
(A) commencement of a voluntary or
involuntary proceeding under the Bankruptcy Code, 11 U.S.C. Sections
101-1310, naming a provider of financial assurance as a debtor;
(B) suspension or revocation of the
authority of a provider of financial assurance to issue a financial
assurance mechanism;
(C) failure of a guarantor to meet the
Requirements of the financial means test; or
(D) other incapacity of a provider of
financial assurance; or
(4) If the operator fails to increase the balance
of a trust fund in accordance with the buildup specified by Section
530.91(b).
Section 530.100. Release of an Operator from the Requirements.
(a) After receiving and approving certification of
closure from an operator as specified by these Regulations, CEPA shall
notify the operator in writing that it is no longer required to
maintain financial assurance for closure.
(b) When CEPA determines that an operator has
completed post-closure maintenance in accordance with the applicable
post-closure plan and permit conditions, CEPA shall notify the operator
in writing that it is no longer required to maintain financial
assurance for post-closure maintenance and corrective action programs.
(c) When operational control of a solid waste disposal
facility is transferred, the existing operator shall remain subject to
the requirements of these Regulations until CEPA issues a permit to the
new operator.
(d) When CEPA releases an operator that is using a
trust fund or a similar financial assurance mechanism from the
requirements of these Regulations, CEPA shall authorize the termination
of the trust fund or the similar mechanism.
Appendix I.
Constituents for Detection Monitoring
COMMON NAME(1) CAS RN(2)
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) Carton 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-Dichloroethane; Ethylidene chloride 75-34-3
(34) 1,2-Dichloroethane; Ethylene dichloride 107-06-2
(35) 1,2-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; Iodomethane 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; Methyl-
chloroform 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
(1) Common names are those widely used in government regulations,
scientific publications, and commerce; synonyms exist for many
chemicals.
(2) Chemical Abstracts Service registry number. Where "Total" is
entered, all species in the groundwater that contain this element are
included.
Appendix II.
Leachate Monitoring -- List of Required Constituents
Phase I Chemical Constituents
(1) Ammonia as N
(2) Bicarbonate (HCO(3))
(3) Calcium
(4) Chloride
(5) Iron
(6) Magnesium
(7) Manganese (dissolved)
(8) Nitrate (as N)
(9) Potassium
(10) Sodium
(11) Sulfate
(12) Chemical Oxygen Demand (COD)
(13) Total Dissolved Solids (TDS)
(14) Total Organic Carbon taken as 3 replicates
(15) pH measured in the field
(16) Alkalinity (as CACO(3))
(17) Arsenic
(18) Barium
(19) Cadmium
(20) Chromium
(21) Cyanide
(22) Lead
(23) Mercury
(24) Selenium
(25) Silver
Volatile Organic Constituents
(26) Acetone
(27) Benzene
(28) Bromoform
(29) Bromomethane
(30) Carbon tetrachloride
(31) Chloroform
(32) Ethanol
(33) Methylene chloride
(34) Styrene
(35) Toluene
(36) Trichloroethene
(37) Vinyl acetate
(38) Vinyl chloride
(39) Xylene
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