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Subpart 360-2: Landfills - Page 1

(Statutory authority: Environmental Conservation Law, Sections 1-0101, 3-0301, 8-0113,19-0301, 19-0306, 23-2305, 23-2307, 27-0101, 27-0106, 27-0107, 27-0109, 27-0305, 27-0703, 27-0704, 27-0705, 27-0911, 27-1317, 27-1515, 52-0107, 52-0505, and 70-0107)

[Effective Date December 31, 1988]

[Amendment Dates:
Revised Effective March 27, 1990; with promulgation of new Subpart 15: Grants for Comprehensive Solid Waste Management Planning.
Revised Effective May 28, 1991; With repeal of existing Subpart 9 and promulgation of new Subpart 9: State Assistance for Municipal Landfill Closure Projects
Revised Effective January 25, 1992; With repeal of existing Subpart 10 and promulgation of new Subpart10: Regulated Medical Waste Storage, Transfer, and Disposal, and new Subpart 17 Regulated Medical Waste Treatment Facilities.
Revised/Enhanced Effective October 9, 1993; with adoption of amendments to existing Subparts 1 through 17
Revised Effective December 14, 1994; with adoption of amendments to existing Subpart 9: State Assistance for Municipal Landfill Closure Projects
Revised Effective January 14, 1995; With repeal of existing Subpart 14 and promulgation of new Subpart 14: Used Oil.
Revised Effective November 26, 1996; With adoption of amendments to existing Subparts 1, 2, 3, 7, 11, 14, and 17

Revised Effective September 29, 1997; With adoption of amendments to existing Subpart 9
Revised Effective November 21, 1998; With adoption of amendments to existing Subpart 2
Revised Effective November 24, 1999; With adoption of amendments to existing Subparts 2, 3, 4, 5, 9, 11, 14, and 16]

[This is page 1 of 3 of this Subpart. A complete list of Subparts in this regulation appears in the Chapter 4 contents page.]

Contents:

Sec.

§360-2.1 Applicability.

In addition to the requirements set forth in Subpart 360-1 of this Part, this Subpart regulates the siting, design, construction, operation, closure, and post-closure activities, including, if Section 360-2.3 Permit application requirements. necessary, corrective action of all new landfills, landfills existing on the effective date of this Part, and lateral or vertical expansions of landfills that dispose of solid waste other than those regulated under Subpart 360-7 and section 360-8.6 of this Part (however section 360-2.14[a] and [b][1] of this Subpart do not apply to landfills constructed or operated in Nassau or Suffolk County. Landfills in Nassau and Suffolk Counties are also subject to the requirements set forth in Subpart 360- 8 of this Part). Liquid storage facilities as part of a landfill application must be designed, constructed, operated and closed in accordance with the provisions of Subpart 360-6 of this Part. The requirements for the construction and operation of landfill gas recovery facilities are specified under the provisions of section 360-2.16 of this Subpart. The provisions for the design of a monofill used for the disposal of ash from solid waste incinerators are addressed in section 360-2.14 of this Subpart. Subsequent landfill development (phased landfill construction beyond the initial permitted phase of construction but that which is entitled by permit) must demonstrate compliance with the design, construction, operation and closure requirements pursuant to the Part 360 regulations in effect at the time of subsequent development. This demonstration must also include a seismic analysis demonstrating compliance with the provisions of section 360-2.7(b)(7) of this Subpart and an estimate of the expected quantity of leachate to be generated from the subsequent portion of the landfill proposed for development pursuant to the provisions of section 360-2.7(b)(9) of this Subpart. The need for additional leachate storage capacity beyond that which was initially constructed must be assessed as a result of this leachate generation estimation.

§360-2.2 Transition.

The transition requirements for construction, operation and closure of landfills subject to regulation under this Subpart are set forth in section 360-1.7(a)(3) of this Part. The transition rules in section 360-1.7(a)(3) shall not be construed to relieve the owner or operator of a municipal solid waste landfill accepting waste on or after November 8, 1987 from meeting the applicable requirements of 40 CFR part 60, subpart Cc and subpart WWW (see section 200.9 of this Title). Transition requirements for landfills in existence on the effective date of this Part that accept solid waste incinerator ash residue are also set forth in section 360-3.5(g)(5) of this Part.

§360-2.3 Permit application requirements.

In addition to the requirements set forth in section 360-1.9 of this Part, a complete application for the initial permit to construct and operate a landfill must contain the following:

(a) engineering drawings that set forth the proposed landfill's location, property boundaries, adjacent land uses and detailed construction plans pursuant to section 360-2.4 of this Subpart;

(b) operation drawings that prescribe how the landfill will fulfill the regulatory requirements pursuant to section 360-2.5 of this Subpart;

(c) a landscape plan prepared in accordance with section 360-2.6 of this Subpart;

(d) an engineering report that comprehensively describes the existing site conditions and a full engineering analysis of the landfill and its containment components, including closure and post-closure plans and criteria, prepared in accordance with sections 360-2.7 and 360-2.15 of this Subpart;

(e) a construction quality assurance/construction quality control plan prepared in accordance with section 360-2.8 of this Subpart;

(f) an operation and maintenance manual prepared in accordance with section 360-2.9 of this Subpart demonstrating how the landfill will meet the operation requirements set forth in section 360-2.17 of this Subpart;

(g) a contingency plan prepared in accordance with section 360-2.10 of this Subpart;

(h) a hydrogeologic report including an environmental monitoring plan prepared in accordance with the provisions of section 360-2.11 of this Subpart;

(i) a landfill siting report, if a landfill siting study is required under section 360-2.12(a) of this Subpart, prepared in accordance with section 360- 2.12 of this Subpart;

(j) a comprehensive recycling analysis for an application submitted by or on behalf of a municipality, including a plan for implementing a feasible recyclables recovery program, prepared in accordance with section 360-1.9(f) of this Part; and

(k) a leachate management plan, which shall include the following:

(1) An estimate of the quality and quantity of leachate to be generated annually by the facility. The quantitative analysis shall be based on the leachate generation estimate as required pursuant to section 360-2.7(b)(9) of this Subpart.

(2) Design calculations and engineering drawings and specifications for the on-site leachate collection, removal and storage system including: a detailed description of the design, construction and operation of the system and all appurtenances; pretreatment systems; tanks, surface impoundments, manholes, pump stations; and all flow control and metering devices.

(3) If an on-site leachate treatment and discharge system is proposed for the facility, a description of the system, including an application for a State Pollutant Discharge Elimination System (SPDES) permit pursuant to ECL article 17, must be provided. A permit for the landfill may not be issued until a SPDES permit is granted to the facility operator. If an on- site pretreatment system is proposed to include provisions for a direct discharge to a sewer, a description of any pretreatment system and approval from the owner of the sewer system must be obtained prior to issuance of a permit.

(4) If vehicular transportation of leachate to an off-site treatment facility is proposed, the applicant must comply with the following:

(i) Prior to operation, the permittee must provide a copy of a signed contractual agreement with the owner/operator of an off-site wastewater treatment facility for treatment of leachate covering the minimum period of time of not less than one year; for purposes of permit issuance, the landfill owner/operator must provide a signed letter of intent from the owner/operator of the off-site permitted wastewater treatment facility to enter a contractual agreement for leachate treatment if the permit application is approved by the department.

(ii) Provide a copy of a signed letter of intent or contractual agreement with the owner/operator of an alternative off-site wastewater treatment facility that provides for backup treatment of leachate, in the event leachate cannot be treated by the primary wastewater treatment facility.

(iii) Provide a leachate management plan which will address the frequency for transport from the landfill to ensure adequate on-site leachate storage capacity, such that the landfill's leachate collection and removal systems will remain free draining.

(l) a mined land use plan. If the applicant plans to use on-site excavation of cover material for the proposed landfill, and construction of that landfill will not result in the reclamation of the area from which the cover material is to be removed, the applicant must submit a mined land use plan with information which demonstrates compliance with the applicable requirements of Part 422 of this Title. No such submission shall be required if the applicant plans to use on-site excavation of cover material for the proposed landfill and the landfill will be situated upon and result in the reclamation of the area from which the cover material is to be removed. Cover material excavated on-site may not be used off-site unless the applicant has first obtained a mining permit pursuant to Part 422 of this Title;

(m) the most recent closure cost estimate for the landfill prepared in accordance with section 360-2.19(b) of this Subpart and a copy of the documentation required to demonstrate the financial assurance under section 360-2.19(e) of this Subpart. For a new landfill, a copy of the required documentation must be submitted no later than 60 days prior to the initial receipt of solid waste;

(n) where applicable, the most recent post-closure care cost estimate for the landfill prepared in accordance with section 360-2.19(c) of this Subpart a copy of the documentation required to demonstrate the financial assurance under section 360-2.19(e) of this Subpart. For a new landfill, a copy of the required documentation may be submitted 60 days prior to the initial receipt of solid waste; and

(o) where applicable, the most recent corrective action cost estimate for the landfill prepared in accordance with section 360-2.19(d) of this Subpart and a copy of the documentation required to demonstrate the financial assurance under section 360-2.19(e) of this Subpart.

(p) Where applicable, an engineering report demonstrating how the landfill will meet the landfill gas collection system requirements set forth in Part 208 of this Title. Permit application requirements for the landfill gas control system required under Part 208 of this Title are contained in Part 201 of this Title.

§360-2.4 Engineering drawings.

The engineering drawings must contain the following:

(a) A regional plan or map that delineates the entire existing and proposed service area, as appropriate; locates existing and proposed collection, processing and disposal operations when the applicant is a municipality; and indicates directions and distances to airports within five miles of the landfill.

(b) A vicinity plan or map that shows the area within one mile of the property boundaries of the landfill, including the existing and proposed zoning and land uses within that area; all residences, public water supply wells, known principal and primary water supply aquifers, and surface waters (with quality classifications), access roads, bridges, railroads, airports, historic sites and other existing and proposed or natural features relating to the facility.

(c) Detailed plans that show the landfill's property boundaries (as certified by an individual licensed to practice land surveying in the State of New York), off-site and on-site utilities (such as electric, gas, water, storm and sanitary sewer systems), and right-of-way easements; the names and addresses of contiguous property owners; the location of soil borings, excavations, test pits, gas venting structures, wells, piezometers, environmental and facility monitoring points and devices (with each identified in accordance with a numbering system acceptable to the department and whose horizontal and vertical locations are accurate to the nearest 500th and 100th foot, respectively, as measured from the ground surface and top of well casing), benchmarks and permanent survey markers, and on-site buildings and appurtenances, fences, gates, roads, parking areas, drainage culverts, and signs; the delineation of the total landfill area including planned staged development of the landfill's construction and operation, and the lateral and vertical limits of previously filled areas; the location and identification of the sources of cover materials; the location and identification of special waste handling areas; a wind rose; and site topography with five-feet minimum contour intervals.

(d) Detailed engineering drawings of the landfill that clearly show in plan and cross-sectional views, the original, undeveloped site topography before excavation or placement of solid waste; the existing site topography (if different from the original, undeveloped site topography) including the location and approximate thickness and nature of any existing solid waste; using a 100-foot square grid depicting the elevations of the seasonal high groundwater table, known and interpolated bedrock elevations, the proposed limits of excavation giving the base elevations of the liner system and/or pore pressure relief system, and the final cover elevations for each grid intersection; construction detailed drawings depicting the location and placement of each liner system and of each leachate collection and removal system, locating and showing all critical grades and elevations of the collection pipe inverts and drainage envelopes, manholes, cleanouts, valves, sumps, leachate flow control and metering devices, and drainage blanket thicknesses; all berms, dikes, ditches, swales and other devices as needed to divert or collect surface water run-on or run-off; groundwater dewatering systems and soil pore pressure relief systems; the final elevations and grades of the landfill cover system including the grading and gas venting layer, low permeability barrier, topsoil layers; the system used for monitoring and venting the decomposition gases generated within the landfill; groundwater monitoring wells; geophysical and geochemical monitoring devices or structures; leachate storage, treatment and disposal system including the leachate collection network, sedimentation ponds and any leachate treatment, pretreatment, or storage facilities; typical roadway sections, indicating the pavement type, dimensions, slopes and profiles; the building floor plans, elevations, appurtenances; and plans detailing the landfill entrance area, including gates, fences and signs.

§360-2.5 Operation drawings.

The project's operation drawings must, be presented in a manner sufficiently clear and comprehensive for use by the landfill's operator during the life of the landfill; depict in plan and cross-sectional views the fill progression with respect to site life and contain:

(a) generalized fill progression drawings containing a description of the landfill's preparation and fill progression for the life of the landfill in terms of method, depth, location and sequence, including the elevation of the liners and leachate collection and removal systems and the projected final waste mass elevations;

(b) a survey control drawing depicting a method of survey baseline and elevation control for the operator which will provide for the location and description of a permanent surveying benchmark and other critical landfill monitoring locations and appurtenances for each 25 acres of developed landfill, or part thereof, at the site; and

(c) a detailed fill progression drawing describing the progression and placement of waste including lift thickness and compacted thickness of daily, intermediate and final cover for the first operational landfill phase for which the permit is being sought.

§360-2.6 Landscape plan.

A landfill's landscape plan must include:

(a) a landscape drawing to identify and locate existing and proposed vegetation to be used for cover, screening, and other purposes; and

(b) a seeding and planting schedule that accounts for each stage of landfill development, which addresses the construction, operation, and closure stages along with the future use proposals, including the identification of, and the rationale for, the seed mixture choice, fertilization, and procedures for seed application (which also identify seasonal limitations, as appropriate), mulching and maintenance.

§360-2.7 Engineering report.

An engineering report containing a description of the existing site conditions and an analysis of the proposed landfill that must:

(a) specify the proposed approved design capacity of the landfill for which approval is being sought, describing the number, types and the minimum specifications of all the necessary machinery and equipment needed to effectively operate the landfill at the proposed approved design capacity;

(b) contain a detailed site analysis of the proposed action including:

(1) the locations of the closest population centers;

(2) a comprehensive description of the primary transportation systems and routes in the landfill service area (i.e., highways, railways, etc.);

(3) an analysis of the existing topography, surface water and subsurface geological conditions in accordance with the requirements of section 360-2.11 of this Subpart;

(4) a description of the materials and construction methods used for the placement of each monitoring well pursuant to the requirements of section 360-2.11 of this Subpart; all gas venting systems; each liner and leachate collection and removal system; leachate storage, treatment and disposal systems; and cover systems to demonstrate conformance with the requirements set forth in section 360-2.13 of this Subpart. This description also must include a discussion of provisions to be taken to prevent frost action upon each liner system in areas where refuse has not been placed;

(5) a description of post-construction care measures to be taken to ensure that the construction materials noted in paragraph (4) of this subdivision meet the specifications and comply with the requirements of section 360-2.13 of this Subpart from the time of construction completion to landfill operation;

(6) an analysis of the structural integrity and overall stability of the landfill site, the subbase, each component of the composite liners and each component of the final cover. At a minimum, the landfill design shall achieve the following factors of safety under static conditions, unless otherwise approved by the department:

(i) a minimum factor of safety of 2.00 for the bearing capacity and settlement of the landfill's subbase at full load conditions;

(ii) a minimum factor of safety of 1.25 for the structural design of the facility liner and leachate collection and removal system components; and

(iii) a minimum factor of safety of 1.50 for the final cover system;

(7) a seismic analysis for new landfills, lateral expansions of existing landfills, and subsequent development of any landfill permitted pursuant to these provisions located in a seismic impact zone, as defined in subparagraph (i) of this paragraph. Such analysis must use reasonable judgement that addresses the serviceable life of the landfill, its internal components and its related appurtenances. At a minimum, the analysis must demonstrate that all long-term containment structures including liners, leachate collection and removal systems, and surface water control systems, are designed to retain a minimum factor of safety of 1.0, unless otherwise approved by the department, to resist the maximum horizontal acceleration for the site as defined in subparagraph (ii) of this paragraph:

(i) seismic impact zone means an area with a 10 percent or greater probability that the maximum horizontal acceleration in lithified earth material, expressed as a percentage of the earth's gravitational pull (g), will exceed 0.10g in 250 years as delineated on the most current version of the United States Geological Survey Map - MF 2120 entitled Probabilistic Earthquake Acceleration and Velocity Maps for the United States and Puerto Rico by S. T. Algermissen, D. M. Perkins, P.C. Thenhaus, S. L. Hanson, and B. L. Bender - 1990 or other equivalent seismic impact zone map approved by the department;

(ii) maximum horizontal acceleration in lithified earth material means 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;

(iii) lithified earth material means all rock, including all naturally occurring and naturally formed aggregates or masses of minerals or small particles of older rock that formed by crystallization of magma or by induration of loose sediments. This term does not include man-made materials, such as fill, concrete, and asphalt, or unconsolidated earth materials, soil, or regolith lying at or near the earth surface;

(8) an erosion and sediment control plan prepared in accordance with department approved guidelines and containing an analysis of the surface water run-on/run-off control systems which must address effective sedimentation and erosion controls for all perimeter ditches, berms, siltation fences, hay bales and/or sedimentation basins which shall be designed as follows:

(i) a run-on control system designed to prevent surface water flow onto the active portion of the landfill during the peak discharge of a 24-hour, 25- year storm; and

(ii) a run-off control system designed to collect and control flow resulting from a 24-hour, 25-year storm. All run-off which emanates from active disposal areas covered with only daily cover or run-off which comes into contact with solid waste or leachate, must be considered leachate and be appropriately collected and removed by the landfill's leachate collection and removal system;

(9) an estimate of the expected quantity of leachate to be generated from the first operational landfill subcell or phase for which the permit is being sought and prior to commencement of construction of any subsequent developments, including:

(i) an annual water budget that must estimate leachate generation quantities during initial start-up operation, upon application of intermediate cover as intermediate operation, and following facility closure. For landfill expansions or those undergoing subsequent development, actual leachate generation data from the existing landfill must be submitted; for new landfills, actual leachate generation data from similarly designed and operated landfills may be used to derive the estimated leachate generation rates which must be submitted. For empirically derived leachate generation estimates, at a minimum, the following factors must be considered to determine the amount of leachate generated: average monthly temperature, average monthly precipitation, evaporation, evapotranspiration, which considers the vegetation type and root zone depth (if appropriate), surface/cover soil conditions and their relation to precipitation run-off which accounts for the surface conditions and soil moisture holding capacity. All precipitation derived surface water run-off from active portions of the landfill (i.e., those portions to which no intermediate or final cover has been applied) must be considered in the leachate generation analysis along with all other sources of moisture contribution to the landfill. The landfill's primary leachate collection and removal system must be hydraulicly designed so as to ensure that the leachate head buildup over the liner does not exceed one foot, based on the maximum infiltration rate as determined for the landfill for an initial start-up condition of little or no waste in place in the landfill. The leachate collection pipe network must be sized to enable the peak flow attributed to a 24-hour, 25-year storm to be removed from the landfill cell within seven days, or less and providing that such accumulation of leachate will not result in seepage in the leachate collection and removal system which could be deleterious to the landfill's side slopes' overall stability and the ability of the landfill to meet the requirements of subparagraph (iv) of this paragraph;

(ii) liner and leachate collection system efficiencies must be calculated using an appropriate analytical or numerical assessment. The factors to be considered in the calculation of collection system efficiency must include, at a minimum, the saturated hydraulic conductivity of the liner, the liner thickness, the saturated hydraulic conductivity of the leachate collection system, the leachate collection system porosity, leachate collection system pipe size, slope and spacing, the maximum anticipated design density and permeability of the proposed waste mass, the base slope of the liner and leachate collection and removal system interface, the maximum flow distance across the liner and leachate collection and removal system interface to the nearest leachate collection pipe, the estimated leachate generation quantity, as computed in accordance with the requirements of subparagraph (i) of this paragraph; and

(iii) predictions of the static head of leachate on the liners, volume of leachate to be collected, and the volume of leachate that may permeate through the entire liner system all on a monthly basis. Information gained from the leachate collection system and efficiency calculations required in subparagraphs (i) and (ii) of this paragraph must be used to make these predictions. This assessment must also address the quantification of the amount of liquid expected to be found in the secondary leachate collection and removal system in gallons per acre per day (the "allowable leakage rate").

(iv) Unless otherwise approved by the department, the maximum allowable leakage rate measured in the secondary leachate collection and removal system shall not exceed 20 gallons per acre per day (based on a 30-day average) for all new or expanded existing double lined landfills. The landfill's primary and secondary leachate collection and removal systems (i.e.,sumps, manholes, pump stations, storage tanks) must include leachate flow metering devices and controls to enable the landfill operator to effectively quantify leachate flow rates from separately operating landfill subcells. This shall include the design of at least two separately functioning subcells which incorporate an ability to distinctly monitor leachate collection and removal system flows between landfill subcells, so that a nonfunctioning subcell could be made inoperable to allow for further investigation and/or remediation while another subcell could continue to receive solid waste. These contingency operations must be further discussed in the contingency plan prepared pursuant to the provisions of section 360- 2.10 of this Subpart.

(10) The design of the leachate storage facility must be in accordance with the requirements of Subpart 360-6 of this Part. For all new landfills, except for expansions to existing lined landfills which currently have a leachate storage facility, the landfill's leachate storage facility's capacity must be based upon the leachate generation calculation required in paragraph (9) of this subdivision. The minimum design capacity for the leachate storage facility must be based on the proposed leachate generation rate and must be capable of containing a minimum of three months combined flow during the peak flow period, as calculated for the initial start-up condition of the landfill, unless otherwise approved by the department.

(c) discuss the closure and post-closure maintenance and operation of the landfill, which mustinclude, but not be limited to:

(1) a conceptual closure design consistent with the requirements of section 360-2.15 of this Subpart;

(2) a post-closure water quality monitoring program consistent with the requirements of sections 360-2.11 and 360-2.15 of this Subpart;

(3) an operation and closure plan for the leachate collection, treatment, and storage facilities consistent with the requirements of this Subpart and Subpart 360-6 of this Part; and

(4) a discussion of the future use of the site, including the specific proposed or alternative uses. Future uses must conform to the landscape plan, required pursuant to section 360-2.6 of this Part, and must not adversely affect the final cover system.

§360-2.8 Construction quality assurance/construction quality control plan.

The project's construction quality assurance (CQA)/construction quality control (CQC) plan must address the observations and tests that will be used before, during, and upon completion of construction to ensure that the construction materials will meet the design criteria and specifications as required by section 360-2.7, and the construction and certification requirements set forth in section 360-2.13 of this Subpart and also contain the procedures to ensure that the post-construction care requirements will be maintained prior to initial operation. This plan shall be made part of the reference information contained in the construction contract documents. For each specified phase of construction, this plan must include, but not be limited to:

(a) Responsibilities and authorities. A delineation of the responsibilities and authorities for the CQA/CQC management organization, including those personnel involved in preparing the permit application and designing and constructing the facility so as to allow for effective lines of communication to facilitate proper and responsible decision-making during the construction of the landfill. To accomplish this, a specific chain of command for the CQA/CQC inspectors must be identified. The CQA/CQC plan must effectively demonstrate to the department that the certifying engineer is capable of operating independently and without influence from the construction contractor and the facility owner, and must be an individual licensed to practice engineering in the State of New York. The CQA/CQC plan shall require a preconstruction meeting to be held upon award of the construction contract and require the attendance of the facility owner/operator, design engineer, the CQA/CQC personnel, and the prime construction contractor. Topics for discussion at this meeting shall include, but not be limited to: providing each involved entity with all relevant CQA/CQC documents and supporting information; addressing the site-specific CQA/CQC plan and its role relative to the design criteria, plans and specifications; reviewing the responsibilities, authorities and lines of communication for each of the involved entities; reviewing the established procedures for observation and testing including sampling strategies identified in the CQA/CQC plan; reviewing the established acceptance and rejection criteria as specified in the CQA/CQC plan and the approved specifications, along with methods and means for decisionmaking and/or resolution of problems over data; reviewing methods for documenting and reporting all inspection data; discussing procedures for the storage and protection of landfill construction materials on-site; conducting a site walk-around to review the project site layout and construction material and equipment storage locations.

(b) Personnel qualifications. A description of the required level of experience and training for the contractor, crew, and CQA/CQC inspectors for every major phase of construction in sufficient detail to demonstrate to the department that the installation methods and procedures required in section 360-2.13 of this Subpart will be properly implemented. It is recommended that an appropriate number of CQA/CQC officers and supporting CQA/CQC inspection personnel be certified through a department approved program that will result in improved landfill construction quality.

(c) Inspection activities. A description of all field observations, tests, equipment, calibration procedures for field testing equipment that will be used to ensure that the construction and installation meets or exceeds all design criteria, as required by sections 360-2.7 and 360-2.13 of this Subpart, and the approved plans and specifications for the proposed facility must be presented in the CQA/CQC plan.

(d) Sampling strategies. Descriptions of all sampling protocols, sample size, methods for determining sample locations and frequency of sampling must be presented in the CQA/CQC plan. Also, laboratory procedures and the calibration of laboratory equipment, which will be used for sample analysis and the appropriate acceptance and rejection criteria pertaining to the laboratory results must be presented in the CQA/CQC plan.

(e) Documentation. Reporting requirements for CQA/CQC activities must be described in detail in the CQA/CQC plan. This should include daily summary reports, inspection data sheets, problem identification and corrective measures reports, acceptance reports, and final documentation. Daily progress and problem/work deficiency meetings must also be addressed in the CQA/CQC plan, and the contents of these meetings must be documented. Such documentation must be provided in the construction certification report. All of the CQA/CQC activities as detailed in the CQA/CQC plan and project specifications must be thoroughly documented in the construction certification report and submitted to the department pursuant to the provisions of section 360-2.13 of this Subpart.

§360-2.9 Operation and maintenance manual.

The operation and maintenance manual for a landfill must contain a comprehensive description that reflects the day-to-day facility operations throughout the active life of the facility. This description should refer to the operation drawings prepared in accordance with section 360-2.5 of this Subpart. The narrative description must be sufficiently detailed to explain all pertinent methods of operations and related procedures as set forth in this section, addressing appropriate sequencing of all major landfilling activities and adequately demonstrating how the proposal will meet the operation and reporting requirements set forth in sections 360-1.14 and 360-2.17 of this Part. The operation and maintenance manual must include samples of all reporting forms, logs, plans, and must include the following:

(a) Landfill disposal methods. A general description shall be provided of the landfill's overall operation, stipulating how this facility will be operated in an environmentally sound and resource conscious manner. Owners/operators of all new or expanded landfills which have a department approved liner and leachate collection and removal system are encouraged to utilize operational methods which conserve natural resources through alternative daily cover materials, contingent upon demonstration of compliance with all applicable provisions of this Part. Active landfill management techniques to encourage rapid waste mass stabilization and alternative energy resource production and enhanced landfill gas emission collection systems are encouraged and should be addressed in the landfill's engineering report and in the operation and maintenance manual.

(b) Personnel requirements. A description of the project's personnel requirements, stating personnel responsibilities and duties and lines of authority at the landfill, including discussions for implementation of a training program for facility operators and other key personnel for the overall operation of the approved facility. Such training shall include, but not be limited to training of on-site personnel in waste identification and restriction procedures, facility performance monitoring, and reporting health and safety issues for site personnel and facility users.

(c) Machinery and equipment. A description of all the machinery and equipment, including health and safety and gas monitoring equipment, to be used at the landfill, their intended uses, safety features and availability of standby equipment in the event of breakdowns, maintenance, or loss of power.

(d) Landfill operational controls. A description of the operational controls, including, but not limited to signs, hours and days of operation, usage rules and regulations, and traffic controls.

(e) Fill progression. A detailed description of the landfill's fill progression, addressing and detailing typical daily cell progression and lift sequence, and provisions for subsequent development of the landfill. This description of fill progression must also discuss such contingency operations as having at least separately operable and monitored subcells within the active portion of the landfill. Details of surface water run-off controls from within and around the landfill should also be depicted and discussed. A daily log of solid wastes received at the landfill must be maintained that includes the following information: waste type, quantity, origin and/or hauler and date received. In addition, location of each days operation shall be indicated on a copy of the detailed fill progression drawing required pursuant to section 360-2.5(c) of this Subpart. This plan must also depict the grades needed to comply with the approved closure plan, pursuant to section 360-2.15 of this Subpart, and address progressive capping for landfill development.

(f) Waste amounts and characterization. A description of the anticipated amount of all solid waste to be received per day, specifying the quantities received in tons per day, the specifications for the select waste to be placed as the first lift of waste ensuring compliance with the provisions of section 360-2.17(b)(3) of this Subpart, the method of solid waste placement and compaction, and the anticipated in-place density.

(g) Solid waste receiving process. A description of the landfill's solid waste receiving and monitoring process for solid waste, a system for daily recording of solid waste received on a basis of type (such as municipal solid waste, ash, sludge, industrial waste, etc.) and quantity; procedures for identification of the solid waste to be restricted; and identification of those wastes required to undergo special handling or treatment before acceptance (such as, asbestos wastes, sludges, etc.).

(h) Cover material management plan. A detailed description of the types and functions of daily, intermediate and final cover must be addressed in this plan. This plan must include material specifications for daily, intermediate and final cover, the identification of the quantities required for each type of cover material, and its on-site storage location must be identified on the operation drawings. The plan must address the method of cover material placement, compaction, and its anticipated permeability and density. This plan may address the use of alternative daily cover materials in accordance with the provisions of section 360-2.17(c) of this Subpart, and reclamation of intermediate cover soil materials, provided it can be demonstrated that litter and odors, and waste mass stability are not adversely affected in the efforts to conserve both natural resources and landfill airspace.

(i) Environmental monitoring plan. A copy of the environmental monitoring plan as required in section 360-2.11 of this Subpart.

(j) Leachate management plan. A comprehensive description of the landfill's leachate management plan, which must address the leachate collection, storage, removal, and treatment systems to be utilized and a discussion of the specific design and operational features related to these systems, including leachate monitoring, alarm systems and maintenance and any required back-up equipment identified by the landfill designer, which must be maintained on-site. In addition this plan must include the following:

(1) This plan shall identify how the landfill is to be constructed, operated, and closed in a manner which minimizes the generation of leachate except in those cases where the department has approved the introduction of leachate for waste mass stabilization enhancement, and how it will prevent the migration of leachate into surface or groundwater.

(2) Adequate direction to the landfill operator regarding considerations for changing waste mass permeability and the adverse effects that increased waste density and decreased waste mass permeability may have on effective leachate collection and removal for the landfill. The plans must include operational methods to minimize the occurrence of perched reservoirs of leachate trapped within the waste mass above the leachate collection and removal system and surface seeps of leachate for above grade (area method) landfill operations shall be discussed. Guidelines for proper selection and placement of daily and intermediate cover materials must also be given, with respect to permeability of these soil covers, such that effective leachate management is maintained.

(3) A schedule for the routine annual flushing and inspection as a maintenance program for the primary leachate collection and removal system must be established to prevent clogging and to establish a means to assess the overall operation and performance of the system. An operational log recording monthly total leachate generation amounts and a maintenance log documenting compliance with this schedule must be kept at the site and be made a part of the landfill's annual report.

(4) For double lined landfills, a schedule for the daily monitoring and recording of the secondary leachate collection and removal system flow data shall be established to determine the presence, quantity, nature and significance of any liquid detected. Automated data logging and recording systems may be used providing they adequately address the notification requirements. This shall provide for notification to the department of flows in excess of 20 gallons per acre per day (based on a 30-day average), and comply with the provisions of section 360-2.10(b) of this Subpart, and ensure that the secondary leachate collection and removal system is maintained in a free flowing condition to prevent excessive leachate head accumulation on the lower liner.

(k) Gas monitoring program. A description of the project's gas monitoring program, which demonstrates compliance with the provisions of section 360- 2.17(f) of this Subpart and discusses explosive gas generation at the landfill and the controls used to ensure that such gas will not create a hazard to health, safety, or property.

(l) Winter and inclement weather operations. A description of how winter and inclement weather operations will be conducted including identification of those specific provisions to be taken to prevent frost action upon the liner system in places where refuse has not been placed.

(m) Convenience station operation. If applicable, a description of the operation of a convenience station at the landfill for smaller, private vehicles to unload refuse at an area other than the landfill's working face.

(n) First lift placement procedures. A description of the procedures and precautions to be taken during the placement of the first lift of waste above the liner and leachate collection system, describing the select solid waste and its placement, approach and operation of collection vehicles and compaction equipment, with concern for minimizing adverse impacts on the liner and leachate collection system. These procedures shall include an assessment and/or demonstration of adequate liner and leachate collection and removal system performance upon completion of final placement of the first lift of select solid waste placed in accordance with the provisions of section 360- 2.17(b)(3) of this Subpart.

(o) Fire prevention plan. This plan must contain sufficient information for use as a landfill personnel training document illustrating procedures on landfill fire prevention and necessary procedures to be taken in the event of a landfill fire. This plan must include set procedures for scale-house personnel for directing waste haulers with hot loads to a separate safe area designated as a hot-load extinguishing area. The plan must also address all on-site fire fighting apparatus and related personnel training on its appropriate use. The plan must also identify all appropriate emergency telephone numbers, which must be clearly posted near or on each landfill telephone.

§360-2.10 Contingency plan.

The contingency plan must discuss technically and financially feasible courses of action to be taken in responding to emergencies or other special conditions, and include the following:

(a) Construction related contingency plan. A detailed description of the courses of action which should be taken in responding to contingency events which may occur during all phases of construction of the landfill. This plan must, at a minimum, address the following contingencies: unexpected construction work delays caused by precipitation and other adverse weather conditions, damaged construction materials and/or equipment, unavailability of approved construction materials and/or subcontractors; on-site personnel injury; excessive dust; excessive noise; equipment breakdown or unavailability of equipment; unusual traffic conditions; and uncontrolled releases of run-off to adjacent surface waters. The applicant must ensure that the items addressed in the construction related contingency plan are included in the construction contract documents and specifications.

(b) Operation related contingency plan.

(1) Routine operations. A detailed description of the courses of action which should be taken in responding to contingency events which may occur during the operation of a landfill. This plan must address the following contingencies: inoperable leachate pumps; loss of electrical power; personnel and user safety, including access into confined spaces for monitoring and maintenance purposes; on-site personal injury; fires; explosive landfill gases detected on-site or beyond the property boundary; dust; litter; odor; noise; equipment breakdown or unavailability of equipment; unusual traffic conditions; vectors; deposits or receipt of waste not authorized by the department for disposal at the facility (e.g., hazardous waste); releases of toxic materials; groundwater and surface water contamination, which may include public and private water supply contamination, including State and local government officials to be notified; the leachate storage facility being at or above the approved capacity; tank and surface impoundment spills or leakage, including removal of the waste and repair of such structures; and the unavailability of the approved leachate treatment facility to accept leachate from the landfill for an indefinite period of time. Monitoring, maintenance and safety equipment which will be available to on-site personnel must also be discussed in this plan as they relate to a specific contingency action. A description and the location of all alarm systems (i.e., high water level alarms) must be described in this plan.

(2) Exceedance of allowable primary liner system leakage. A plan providing a description of the actions to be taken should the primary liner allowable leakage rate of 20 gallons per acre per day (based on a 30-day average) be exceeded must be submitted for department approval. At a minimum, the owner or operator must implement the following procedures:

(i) notify the department in writing within seven days of the determination of exceedance;

(ii) submit a preliminary written assessment to the department within 14 days of the determination, which must include a description of the amount of liquid and the suspected source or contributions to the excessive leakage rate exhibited, considering precipitation events, possible location, size and cause of any leaks, and short-term actions that have either been taken and/or are planned;

(iii) investigate and determine, to the extent practicable, the location, size and cause of the leaks;

(iv) determine whether waste receipt should cease or be curtailed, whether any waste should be removed from the cell for inspection, repairs, or controls, and whether or not the cell should be closed or remediated (i.e., installation of an internal barrier to divert leachate flow to an acceptable cell);

(v) determine any other short-term or long-term actions to be taken to reduce the excessive leakage rate; and

(vi) within 30 days after the notification that the allowable leakage rate has been exceeded, submit to the department the results of the analyses specified in subparagraphs (iii)-(v) of this paragraph, the results of the actions taken, and actions planned. Monthly thereafter, as long as the flow rate in the secondary leachate collection and removal system exceeds the allowable leakage rate, a report must be submitted to the department summarizing the results of any remedial actions taken and actions planned in order to reduce the leakage to an allowable level. The department retains the authority to require other remedial measures, including facility closure, based on the significance of the leakage.

(c) Post-closure contingency plan. A post-closure contingency plan must be completed as part of the final closure plan, in accordance with section 360- 2.15(k)(7)(v) of this Subpart.