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Subpart 360-2: Landfills - Page 3

(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 3 of 3 of this Subpart. A complete list of Subparts in this regulation appears in the Chapter 4 contents page.]

Contents:

Sec.

§360-2.13 Landfill construction requirements.

Except as otherwise expressly provided in section 360-2.14 of this Subpart, all new landfills and lateral and vertical expansions of existing landfills regulated under this Subpart must conform to the requirements set forth in this section.

(a) Horizontal separation requirements.

(1) The minimum horizontal separation between deposited solid waste in the landfill and the property line must be 100 feet.

(2) The required horizontal separation between deposited solid waste and any surface waters must be adequate to preclude contravention of State surface water standards in the surface water body, or flooding of the landfill from the surface water body. In no case can solid waste be deposited closer than 100 feet from the mean high water elevation of any surface waters. The department may require greater horizontal separation between solid waste and surface waters when those surface waters are actively used as sources of municipal water supply.

(b) Survey control. One permanent survey benchmark of known elevation measured from a U.S. Geological Survey benchmark must be established and maintained for each 25 acres of developed landfill, or part thereof, at the site. This benchmark must be the reference point for establishing vertical elevation control.

(c) Location coordinates. The New York Transverse Mercator (NYTM) coordinates must be established. Horizontal control must be established and one of its points must be the benchmark of known NYTM coordinates.

(d) Groundwater separation. A minimum separation of five feet must be maintained between the base of the constructed liner system and the seasonal high groundwater elevation. At sites where perched water is encountered the department will determine with respect to groundwater separation distances whether separation distances will be measured from the perched zone or the non-perched water table. The nature of the materials making up this separation, whether natural or backfilled, is subject to department approval. This minimum five feet separation requirement may be reduced or waived upon demonstration of selection of a suitable landfill site, as defined under section 360-2.12(a) of this Subpart, and upon demonstration that compliance with this provision would impose an unreasonable economic, technological, or safety burden; and, that the proposed activity will have no significant adverse impact on the overall stability of the landfill, the environment, or natural resources and that the landfill's performance will be consistent with that which is expected from the application of this Part. In such cases, the department will require additional groundwater drainage systems to ensure that the seasonal high groundwater table does not come in contact with the lowermost portion of the landfill liner during construction, and until such time that the hydrostatic pressures are equalized by weight of the liner system and/or waste.

(e) Bedrock separation. A minimum of 10 feet vertical separation must be maintained between the base of the constructed liner and bedrock. The nature of the materials making up this separation, whether natural or backfilled, is subject to department approval.

(f) Liner system description. The minimum liner requirement for all landfills accepting mixed solid waste must consist of the following:

(1) On all bottom areas where the landfill slope is less than or equal to 25 percent, the liner system must consist of a double composite liner separated by a secondary leachate collection and removal system.

(2) On all side slope areas where the landfill slope is greater than 25 percent the liner system need only consist of a primary leachate collection and removal system above the uppermost geomembrane liner and a lower composite liner separated by a secondary leachate collection and removal system.

(3) A composite liner must consist of two components, an upper geomembrane liner placed directly above a low permeability soil layer meeting the requirements specified in subdivisions (j) and (k) of this section. Each composite liner is considered a single liner.

(4) The double composite liner system must include a primary leachate collection and removal system consisting of a 24-inch granular soil layer with a leachate collection pipe network. The primary leachate collection and removal system lies above the primary (upper) composite liner. The primary composite liner consists of a 60 mil geomembrane that directly overlays an 18-inch thick low permeability soil layer. The primary composite liner lies above the secondary leachate collection and removal system. The secondary leachate collection and removal system consists of a leachate collection pipe network within either a 12-inch thick granular soil layer or an effectively configured layer of geonet drainage material. The secondary leachate collection and removal system lies above the secondary (lower) composite liner which consists of a 60 mil geomembrane that directly overlays a 24-inch thick low permeability soil layer. The double composite liner system described in this subdivision is considered the minimum liner configuration requirement for landfills.

(g) Leachate collection and removal system design. The leachate collection and removal system must be designed to effectively remove leachate from the landfill. A means of quantitatively assessing leachate flows in both the primary and secondary leachate collection and removal system must be detailed on plans and be discussed in the engineering report. The primary and secondary leachate collection and removal systems must conform to the following requirements:

(1) A primary leachate collection and removal system, located over the upper composite liner, must be hydraulically designed in accordance with the provisions of section 360-2.7(b)(9) of this Subpart to remove leachate from the landfill and ensure that the leachate head over the primary composite liner does not exceed one foot at the expected flow capacity except, during storm events and does not have to be maintained in designated sump areas within the double lined landfill as approved by the department. The primary leachate collection and removal system must also be designed to provide a minimum of 24 inches of protective soil cover to the primary composite liner. This collection and removal system must be designed and constructed, at a minimum, in accordance with the requirements of subdivisions (h), (l) and (m) of this section.

(2) A secondary leachate collection and removal system must be located between the upper and lower liner systems and be designed to effectively collect and rapidly remove leachate from the lower liner system. This collection system must be designed and constructed, at a minimum, in accordance with the requirements of subdivisions (h), (l), (m) and (n) of this section.

(h) Leachate collection pipe network design. The primary and secondary leachate collection and removal piping systems must be designed and built to allow for representative sampling of leachate and to operate without clogging during the effective site life and post-closure maintenance period. All leachate collection pipe networks located in the primary and secondary leachate collection and removal systems must be designed to allow for accessibility of equipment and to facilitate effective routine cleaning and maintenance. All leachate conveyance lines and appurtenances, including manholes, sumps, and metering pits located outside the double composite liner system of the landfill must be designed to have double containment and must be constructed to provide for effective leak detection and collection. All leachate conveyance lines and appurtenances including manholes, sumps, and metering pits located outside the double composite liner system, need not maintain minimum five foot or ten foot separation of the seasonal high groundwater table or bedrock respectively.

(i) Landfill subgrade. The landfill subgrade is the uppermost in situ soil layer or select fill that must be graded and prepared for landfill construction. A foundation analysis must be performed to determine the structural integrity of the subgrade to support the loads and stresses imposed by the weight of the landfill and to support overlying facility components. For lateral expansions adjacent to existing landfills, the department may approve encroachment on the existing landfill's side slope if a leachate barrier system is designed and constructed to minimize leachate migration into the existing landfill.

(1) Materials required. The landfill subgrade material must be free of organic material (other than small roots of trees, shrubs, grasses, etc.) and consist of on-site soils, or any select fill, if approved by the department.

(2) Construction requirements. The landfill subgrade must be graded in accordance with the requirements of the approved engineering plans, report, and specifications to have a minimum post-settlement slope of two percent. The material must be sufficiently dry and structurally sound to ensure that the first lift, and all succeeding lifts of soil placed over the landfill subgrade, can be adequately compacted to the design requirements and assure stability of the landfill.

(3) Certification requirements. At a minimum, the subgrade surface must be inspected in accordance with the following requirements:

(i) before any material is placed over the subgrade, the project engineer must visually inspect the exposed surface to evaluate the suitability of the subgrade and to ensure that the surface is properly compacted, smooth, and uniform, and that elevations are consistent with the department approved plans;

(ii) the subgrade must be proof-rolled using procedures and equipment acceptable to the department; and

(iii) the subgrade must be tested for density and moisture content at a minimum frequency of nine tests per acre.

(j) Soil component of the liner system. The soil component of the liner system must be a continuous layer of low permeability soil constructed to control fluid migration.

(1) Materials required.

(i) Primary composite liner. The soil component of the primary composite liner must be a minimum compacted thickness of 18 inches. The top six inches (minimum compacted thickness) directly below and in contact with the upper geomembrane liner must have a maximum remolded coefficient of permeability of 1 x 10-7 centimeters per second. A geosynthetic clay liner acceptable to the department may be substituted for the top six-inch portion of the low permeability soil layer in the primary composite liner. The lower 12 inch soil layer (minimum compacted thickness), shall be specified as a structural fill layer to assure adequate separation of the primary composite liner from the secondary leachate collection and removal system and must be placed without damaging any geosynthetic or secondary leachate collection and removal system components below the primary composite liner. The soil material particles must be able to pass a one inch screen.

(ii) Secondary composite liner. The soil component of the secondary composite liner must be at least 24 inches in compacted thickness and must have a maximum remolded coefficient of permeability of 1 x 10-7 centimeters per second throughout its thickness and must be directly overlain by and in contact with a geomembrane. The soil material particles must be able to pass a one inch screen.

(2) Construction requirements. The project engineer must ensure that the soil component of the liner system installation conforms with the following minimum requirements:

(i) The soil component of the liner system must be placed on a slope of no less than two percent to promote positive drainage across the liner surface and at a maximum slope not greater than 33 percent to minimize erosion and facilitate construction.

(ii) Compaction must be performed by properly controlling the moisture content, lift thickness, compactive energy/kneading action to effectively destroy soil clods, placement operations to eliminate lift interfaces, and other necessary details to obtain satisfactory results. The maximum final compacted thickness of each lift of soil material must be six inches, unless otherwise approved by the department upon demonstration of compliance with the requirements of paragraph (1) of this subdivision. When placing the first lift of the soil component of the liner system, the thickness may be increased to ensure adequate compaction and to attain the desired permeability, depending upon the type and size of compaction equipment used and whether or not the liner and subgrade are of dissimilar materials. Any succeeding lifts of the soil component of the lining system may be reduced in thickness, depending upon the compaction equipment used.

(iii) The moisture content of the soil component of the liner system must be maintained, within the range identified in the moisture-density- permeability relation developed in accordance with paragraph (3) of this subdivision, before and during compaction of the soil lift to ensure that the remolded lift attains a maximum in situ permeability as required. The density after compaction must be within the range identified in the moisture-density-permeability relation developed in accordance with paragraph (3) of this subdivision to ensure that the remolded lift attains a maximum in situ permeability as required.

(3) Certification requirements. The project engineer must include in the construction certification report a discussion of all quality assurance and quality control testing required in this paragraph. The certification report must address all measures taken to prevent or remedy soil liner damage from either desiccation or freezing, both during and after construction. The testing procedures and protocols must be submitted prior to construction in accordance with section 360-2.8 of this Subpart and approved by the department. The results of all testing must be included in the construction certification report including documentation of any failed test results, descriptions of the procedures used to correct the improperly installed material, and statements of all retesting performed in accordance with the following requirements:

(i) The project engineer must certify the quality control testing of any soil liner materials to ensure that the specified material meets the permeability requirements of paragraph (1) of this subdivision and the approved engineering plans, reports, and specifications. Before and during construction of the soil component of the liner system, the following information must be approved by the project engineer: one analysis of soil particle size for every 2,500 cubic yards of soil liner materials placed; one Atterberg limits analysis of plastic and liquid limit and plasticity index for every 1,000 cubic yards of soil liner material placed; one laboratory permeability test using a triaxial cell with backpressure for every 5,000 cubic yards of material placed; one moisture content test for every 1,000 cubic yards of material placed; and a minimum of one comparison of the moisture-density-permeability relation for every 5,000 cubic yards of material placed, and one for each time soil material changes are noted.

(ii) Quality assurance testing included in this subparagraph must be compared to and evaluated against the quality control testing of subparagraph (i) of this paragraph where applicable. Quality assurance testing locations must be proportionally distributed to reflect the areal extent of side slope verses bottom area of the landfill under construction and must include density and moisture content tests to be performed at a minimum of nine locations per acre per lift of soil material placed. For each location the density and moisture content must be compared to the appropriate moisture-density-permeability relation to determine the permeability at that location; and one shelby tube sample for laboratory permeability testing must be taken per acre per lift. Any tests resulting in penetration of the soil liner must be repaired using bentonite or other means acceptable to the department.

(k) Geomembrane liners. Geomembrane liners are low permeability geosynthetics used to control fluid migration from landfills.

(1) Materials required. The geomembrane liner material must have a demonstrated maximum water vapor transmission rate of 0.03 gram per meter squared per day and chemical and physical resistance not adversely affected by waste placement or leachate generated. Documentation must be submitted to ensure chemical compatibility of the geomembrane liner material chosen, or in absence of the appropriate documentation, chemical compatibility testing must be performed using a method acceptable to the department.

(2) Construction requirements. Geomembranes must be installed in accordance with the requirements of the approved engineering plans, report, and specifications and manufacturer's recommendations. The project engineer must ensure that the geomembrane installation, at a minimum, must conform with the following:

(i) the geomembrane in both the primary and secondary composite liner must have a minimum thickness of 60 mils;

(ii) all geosynthetic materials must be installed on a subgrade that has a minimum two percent slope to promote positive drainage;

(iii) any geosynthetic materials installed on landfill side slopes must be designed to withstand the calculated tensile forces acting upon the geosynthetic materials. At a minimum, the design must consider the maximum friction angle of the geosynthetic with regard to any soil-geosynthetic or geosynthetic-geosynthetic interface, along with seepage forces expected in the side slope soil drainage layer in the primary leachate collection and removal system, to ensure that overall slope stability is maintained;

(iv) the surface of the supporting soil upon which the geosynthetic material will be installed must be reasonably free of stones, organic matter, irregularities, protrusions, loose soil, and any abrupt changes in grade that could damage the geosynthetic. The supporting soil must conform to the requirements of subdivision (i) of this section (except for landfill closure);

(v) the anchor trench must be excavated to the length and width prescribed on the approved design drawings;

(vi) field seams should be oriented parallel to the line of maximum slope, i.e., oriented along, not across the slope. In corners and irregularly shaped locations, the number of field seams should be minimized. No horizontal seam should be less than five feet from the toe of slope toward the inside of the cell;

(vii) the materials must be seamed using an appropriate method acceptable to the department. Seam testing must be in accordance with the requirements of paragraph (3) of this subdivision;

(viii) the seam area must be free of moisture, dust, dirt, debris, and foreign material of any kind before seaming;

(ix) field seaming is prohibited when either air or sheet temperature is below 32° F, when the sheet temperature exceeds 158° F, when the air temperature is above 120° F, during periods of precipitation, or when winds are in excess of 20 miles per hour; and

(x) the field crew foreman of the liner installer must have a documented minimum qualification of successful installation experience of at least 50 acres of previous landfill or comparable geosynthetic systems, on a minimum of five different projects.

(3) Certification requirements. The project engineer must include in the construction certification report a discussion of the approved data resulting from the quality assurance and quality control testing as required in this paragraph. The results of all testing must be included in the construction certification report including documentation of any failed test results, and descriptions of the procedures used to correct the failed material, and statements of all retesting performed.

(i) The project engineer must certify the quality control testing of any manufactured geosynthetic materials ensuring that the material and the finished product meet the requirements of the approved engineering plans, reports, and specifications. Before installing any geosynthetic material, the following information must be available to the project engineer for approval:

(a) origin and identification of the raw materials used to manufacture the geosynthetic material;

(b) copies of quality control certificates issued by the producer of the raw materials used to manufacture the geosynthetic material, which at a minimum must include reports of tests conducted to verify material quality, including specific gravity, melt flow index, percent carbon black, and carbon dispersion using methods acceptable to the department; and

(c) reports of tests conducted to verify the quality of the raw materials used to manufacture the geosynthetic material. At a minimum, the project engineer must review the following tests: for single-point stress rupture, tensile strength, tear and puncture resistance, and for the complete stress rupture curve for the geomembrane, using test methods acceptable to the department, to ensure proper geomembrane specification.

(ii) The project engineer must certify through appropriate documentation that the quality control testing of any geosynthetic rolls fabricated into geomembrane sheets at the factory took place in accordance with the following requirements:

(a) The geomembrane was continuously inspected for uniformity, damage, imperfections, holes, cracks, thin spots, and foreign materials. Additionally, the geomembrane liner must be inspected for tears, punctures, and blisters. Any imperfections must be immediately repaired and reinspected.

(b) Nondestructive seam testing was performed on all fabricated seams over their full length using a test method acceptable to the department.

(c) Destructive seam testing was performed on a minimum of two samples per geomembrane sheet. The samples must be taken from extra material at the beginning or end of sheet seams, such that the geomembrane sheet is not damaged and the sheet geometry is not altered. The size of the sample taken must be large enough to perform the required testing. A laboratory acceptable to the department must have performed the required testing on the samples taken. If a sample fails a destructive test, the entire seam length must be reconstructed or repaired using a method acceptable to the department, and retested using nondestructive seam testing over the full length of the seams using a test method acceptable to the department.

(iii) Quality assurance testing performed in the field under the supervision of the project engineer must assure conformity of the geosynthetic installation with the engineering plans, reports, and specifications submitted in accordance with the following requirements:

(a) During the construction phase, for each lot number of geomembrane material that arrives at the site, a sample should be taken for fingerprinting of the material. This sample should be archived at room temperature and in a light free environment for possible future testing and analysis. The geosynthetic material must be visually inspected for uniformity, damage, and imperfections. The geomembrane must be inspected for tears, punctures, or blisters. Any imperfections must be immediately repaired and reinspected.

(b) The project engineer must certify that test seams are made at each start of work for each seaming crew, after every four hours of continuous seaming, every time seaming equipment is changed, when significant changes in geomembrane temperature are observed, or as additionally required in the approved specifications.

(c) All field seams must be nondestructively tested in accordance with the procedures listed in this clause using a test method acceptable to the department. The project engineer or his/her designated representative must:

(1) monitor all nondestructive testing;

(2) record the location, date, test unit number, name of tester, and results of all testing;

(3) inform the installer of any required repairs; and

(4) overlay all seams which cannot be nondestructively tested with the same geomembrane. The seaming and patching operation must be inspected by the project engineer for uniformity and completeness.

(d) Destructive testing must be performed on the geomembrane liner seam sections in accordance with the requirements listed in this clause, and using test methods acceptable to the department.

(1) Seam samples for testing must be taken as follows: a minimum of one test per every 500 feet of seam length unless a more frequent testing protocol is agreed upon by the installer and project engineer; a minimum of one test for each seaming machine operating on a given day; additional test locations may be determined during seaming at the project engineer's discretion; all test locations must be appropriately documented.

(2) The project engineer must approve the sample size to be taken. The sample size must be large enough to perform the required testing.

(3) An independent laboratory acceptable to the department must perform the required testing, which must include testing for seam strength and adjacent geomembrane elongation, and peel adhesion (and separation if high density polyethylene [HDPE]) using testing procedures acceptable to the department.

(4) If a sample fails destructive testing, the project engineer must ensure that: the seam is reconstructed in each direction between the location of the sample that failed and the location of the next acceptable sample; or the welding path is retraced to intermediate locations at least 10 feet in each direction from the location of the sample which failed the test, and a second sample is taken for an additional field test. If this second sample passes, the seam must be reconstructed between the location of the second test and the original sampled location. If the second sample fails, this process must be repeated.

(5) All acceptable seams must lie between two locations where samples passed the test procedures found in subclause (4) of this clause and include one test location along the reconstructed seam.

(6) Nondestructive testing of the geomembrane liner must be performed in accordance with clause (b) of this subparagraph.

(e) Upon completion of geomembrane seaming, post-construction care of the installed geomembrane should commence and, at a minimum, include timely covering or temporary weighting using sandbags to prevent damage from wind uplift, construction, or other weather related damage.

(l) Soil drainage layers. All soil material used in the primary and secondary leachate collection and removal systems of the landfill must conform to the following requirements:

(1) Materials required. Soil materials used to construct a drainage layer must be designed to ensure proper hydraulic operation of the leachate collection and removal system pursuant to the provisions of subdivision (g) of this section. The soil drainage layer must be free of any organic material and have less than five percent of the material by weight pass the No. 200 sieve after placement. Soil material testing must be performed in accordance with paragraph (3) of this subdivision.

(2) Construction requirements. The soil drainage layer must be constructed and graded in accordance with the requirements of the approved engineering plans, report, and specifications along with the following requirements:

(i) The minimum thickness of the soil drainage layer in the primary leachate collection and removal system must be 24 inches and provide adequate physical protection to the underlying liner materials and leachate collection pipe network placed within the primary leachate collection and removal system, and have a minimum coefficient of permeability of 1 x 10-2 centimeters per second.

(ii) The minimum thickness of the secondary leachate collection and removal system layer must be 12 inches, and provide adequate physical protection to the underlying liner materials and leachate collection pipe network placed within the secondary leachate collection and removal system, and have a minimum coefficient of permeability of 1 x 10-2 centimeters per second.

(iii) The soil drainage layer must be designed and placed on a minimum slope of two percent to promote efficient positive drainage to the nearest leachate collection pipe and to prevent ponding above the liner.

(3) Certification requirements. The project engineer must include in the construction certification report a discussion of the approved data resulting from quality assurance and quality control testing required in this paragraph. The results of all testing must be included in the construction certification report including any failed test results, descriptions of the procedures used to correct the failed material, and any retesting performed.

(i) The project engineer must certify the quality control testing of any soil drainage materials and ensure that the material meets the requirements of paragraph (1) and subparagraphs (2)(i) and (ii) of this subdivision and the approved engineering plans, reports, and specifications. A particle size analysis of the soil drainage layer material must be submitted to the project engineer for approval before installation of the soil drainage layer, and during installation at a frequency of at least one test for every 1,000 cubic yards of material delivered and placed. A laboratory constant head permeability test for a soil drainage layer sample shall be submitted to the project engineer for approval before placement and during construction at a frequency of at least one test for every 2,500 cubic yards of material delivered and placed.

(ii) The project engineer must certify that post-construction care procedures were carried out which, at a minimum, protected the soil drainage layers from fines related to water and wind borne sedimentation.

(iii) Quality assurance testing performed by the project engineer must ensure that the material is placed in accordance with the requirements of the engineering plans, reports, and specifications.

(m) Leachate collection pipes. Leachate collection pipes that are located in any soil or geosynthetic drainage layer of the primary and secondary leachate collection and removal systems must be hydraulically designed to remove leachate from the landfill and provide conveyance to an appropriately designed and sized storage or treatment facility, and must comply with the following:

(1) Materials required. The primary leachate collection pipe must have a minimum diameter of six inches, the secondary leachate collection pipe must have a minimum diameter of four inches and meet the following:

(i) The physical and chemical properties must not be adversely affected by waste placement or leachate generated by the landfill. The project engineer must certify that the leachate collection pipe is chemically compatible with leachate or waste which it will come in contact with, as verified by appropriate documentation of chemical compatibility testing, using a method acceptable to the department.

(ii) Piping must have adequate structural strength to support the maximum static and dynamic loads and stresses that will be imposed by the overlying material, including the drainage layer, liners, waste material, and any equipment used in the construction and operation of the landfill. Specifications for the proposed leachate collection pipe network must be submitted in the engineering report.

(2) Construction requirement. Leachate collection pipes must be installed in accordance with the requirements of the approved engineering plans, reports, and specifications. The leachate collection pipe size, spacing and slope of at least one percent must be designed, in accordance with the provisions of section 360-2.7(b)(9) of this Subpart, to ensure that the leachate head on the primary liner does not exceed one foot at the expected flows from the drainage area except during storm events.

(3) Certification requirements. The project engineer must include in the construction certification report a discussion of all quality assurance and quality control testing to ensure that the material is placed in accordance with requirements of the approved engineering plans, reports, and specifications. The testing procedures and protocols must be acceptable to the department and submitted in accordance with section 360-2.8 of this Subpart. The results of all testing must be included in the construction certification report, including documentation of any failed test results, a description of the procedures used to correct the failed material and any retesting performed.

(n) Geosynthetic drainage layers. Any geosynthetic drainage layers used in the leachate collection and removal system of a landfill must be designed and constructed to have an equivalent hydraulic transmissivity to that of a one- foot sand layer with a minimum coefficient of permeability of 1 x 10-2 centimeters per second, and must comply with the following:

(1) Materials required. The hydraulic conductivity, transmissivity, and chemical and physical resistance of the geosynthetic material must not be adversely affected by waste placement or leachate generated by the landfill. Documentation must be submitted which demonstrates the chemical compatibility of the geosynthetic drainage layer material and the waste to be deposited, or chemical compatibility testing must be performed using a method acceptable to the department. Documentation must also be submitted to ensure effective liquid removal throughout the active life of the facility and that the maximum compressive load of the materials to be placed above the geosynthetic drainage layer does not impede transmissivity during the post-closure period.

(2) Construction requirements. The project engineer must ensure that the geosynthetic drainage layers are installed in accordance with the requirements of the approved engineering plans, reports, and specifications and conform with the following requirements:

(i) The geosynthetic drainage layer must be designed and constructed to effectively remove leachate from the landfill's primary and secondary leachate collection and removal systems and must be configured to allow for installation of a leachate collection pipe network as set forth in subdivision (m) of this section. If a geosynthetic drainage layer is specified in the primary leachate collection and removal system, a 24 inch protective soil layer shall be required and must have a minimum coefficient of permeability of 1 x 10-3 centimeters per second and must be free of any organic material and have less than five percent of the material by weight pass the No. 200 sieve at placement. Soil testing must be performed in accordance with paragraph (1)(3) of this section.

(ii) The geosynthetic drainage layer must be installed in accordance with the procedures set forth in subparagraphs (k)(2) (ii)-(vi) and (x) of this section.

(3) Certification requirements. The project engineer must include in the construction certification report a discussion of all quality assurance and quality control testing required in this paragraph. The testing procedures and protocols must be acceptable to the department and submitted in accordance with section 360-2.8 of this Subpart. The results of all testing must be included in the construction certification report including documentation of any failed test results, and a description of the procedures used to correct the failed material and any retesting performed.

(i) The project engineer must certify the quality control testing according to the requirements of subparagraph (k)(3)(i) of this section for any geosynthetic drainage materials. The project engineer must also certify that a hydraulic transmissivity test was performed on the geosynthetic drainage material at the maximum design compressive load on the materials to be used in the geosynthetic drainage layers. This test method must consider the physical properties of all the materials above and below the geosynthetic drainage material being tested.

(ii) Quality assurance testing as performed by the project engineer must adequatelydemonstrate that the material is placed in accordance with the requirements of the engineering plans, reports, and specifications.

(iii) The project engineer must certify that post-construction care procedures were carried out which, at a minimum, protected the geosynthetic drainage layer from the intrusion of fines related to waterborne and wind- borne sedimentation.

(o) Filter layer criteria. The filter layer must be designed to prevent the migration of fine soil particles into a coarser grained material, and to allow water or gases to freely enter a drainage medium (pipe or drainage blanket) without clogging.

(1) For graded cohesionless soil filters. The granular soil material used as a filter must have no more than five percent by weight passing the No. 200 sieve and no soil particles larger than three inches in any dimension.

(2) Geosynthetic filters. Geotextile filter material must demonstrate adequate permeability, soil particle retention, resistance to clogging and construction survivability along with demonstration of adequate chemical and physical resistance such that it is not adversely affected by waste placement, or any overlying material or leachate generated at the landfill. Geotextile filter openings must be sized in accordance with the following criteria, which takes into consideration the soil found in layers located adjacent to the geotextile filter as follows:

(i) kf> 10ks (permeability criteria) where:

kf is the geotextile permeability

ks is the overlying soil permeability

(ii) O95 of the geotextile < (2-3) d85 (retention criteria)

where: O95 is the apparent opening size of the geotextile at which 95% of the soil particles will be retained. d85 is the soil particle size at which 85% of the particles are finer.

(iii) clogging potential must be assessed using a long-term permeameter test of the soil/geotextile system with a test method acceptable to the department.

(iv) construction survivability of the geotextile must be assessed, whereby, the severity of the installation is defined by the type of material placed adjacent to the geotextile and the construction installation technique used and specification should be written to ensure that the minimum strength properties as prescribed by applicable industry guidelines are met based on the severity of the installation, using a test method acceptable to the department.

(3) Construction requirements. Both the soil filters and geotextile filters must be installed in accordance with the approved engineering plans, reports, and specifications.

(4) Certification requirements. The project engineer must include in the construction certification report the results of all the required quality assurance and quality control testing performed necessary to demonstrate compliance with the project specifications. For the geotextile filters the project engineer must assess the geotextile's polymer properties density, polymer type and ultraviolet stability, mechanical properties weight, tensile strength, permittivity, apparent opening size, and puncture strength. The testing procedures and protocols must be acceptable to the department and submitted in accordance with section 360-2.8 of this Subpart.

(5) The project engineer must certify that post-construction care procedures were implemented which will protect the soil or geotextile filter from the intrusion of fines related to waterborne and windborne sediments.

(p) Gas venting layer. A gas venting layer must be located directly below the barrier layer of the final cover system and above the compacted waste layer. Such layer must be designed and constructed in accordance with the requirements of this subdivision for a soil venting layer or as a geosynthetic venting layer designed and constructed to effectively perform the equivalent functions of the soil venting layer and found acceptable to the department.

(1) Materials required. Gas venting layers must consist of venting pipes with risers installed within the gas venting layer. The material used to construct the gas venting riser pipes must be a minimum of six-inch diameter. The gas venting layer must have a minimum coefficient of permeability of 1 x 10-3 centimeters per second and a maximum of 10 percent by weight passing the No. 200 sieve after placement. The gas venting soil layer must be bounded on its upper and lower surfaces with a filter layer designed in accordance with subdivision (o) of this section (except where its upper surface is directly overlain by a geomembrane, then an upper filter is not required), to ensure that the effective integrity of the gas venting layer is maintained.

(2) Construction requirements. The gas venting soil layer and venting pipes must be constructed and graded in accordance with the requirements of the approved engineering plans, reports, and specifications which must be prepared as follows:

(i) the minimum thickness of the soil layer must be 12 inches;

(ii) gas venting risers must be spaced at a maximum separation of one vent per acre of final cover and be installed at a depth of at least five feet into the refuse, unless otherwise approved by the department. The riser pipe must be perforated only where it extends into the gas venting layer. Risers must be backfilled with rounded stone or other porous media or other material acceptable to the department;

(iii) gas venting risers must be exposed at least three feet above final elevation of the cover system and be fitted with a gooseneck cap or other equivalent cap to allow effective venting; and

(iv) the gas venting system must be designed and constructed to operate without clogging.

(3) Certification requirements. The project engineer must include, in a construction certification report, a discussion of all the quality assurance and quality control testing required in this paragraph. The testing procedures and protocols must be acceptable to the department and be submitted in accordance with section 360-2.8 of this Subpart. The results of all testing must be included in the construction certification report, including documentation of any failed test results and description of the procedures used to correct the failed material, as well as the results of any retesting performed.

(i) Quality control testing of the particle sizes of the soil material selected for the gas venting soil layer must be performed before installation at a frequency of one test for every 1,000 cubic yards of gas venting material being installed. Laboratory hydraulic conductivity testing shall be performed at a frequency of one test for every 5,000 cubic yards of gas venting material being installed.

(ii) Quality assurance testing, as performed by the project engineer must ensure that the material is placed in accordance with the approved engineering drawings, reports and specifications.

(q) Low permeability barrier soil covers. The provisions of this subdivision apply to landfills which meet the requirements of section 360-2.15(d)(2)(i) of this Subpart. A low permeability barrier soil cover is a layer of low permeability soil constructed to minimize precipitation migration into an inactive area of the landfill. In accordance with the provisions of section 360-2.7 of this Subpart the project engineer must consider settlement, erosion, and seepage forces in the overall stability of the final cover system design.

(1) Materials required. A low permeability barrier soil cover must consist of materials which have a maximum remolded coefficient of permeability of 1 x 10-7 centimeters per second throughout its thickness as set forth in paragraph (2) of this subdivision. The soil material must be able to pass a one-inch screen.

(2) Construction requirements. Low permeability barrier soil covers must be constructed in accordance with the requirements of paragraph (j)(2) of this section with the following exceptions:

(i) The low permeability barrier soil cover must have a minimum compacted thickness of 18 inches.

(ii) The low permeability barrier soil cover must be placed on a slope of no less than four percent to promote positive drainage and at a maximum slope of 33 percent to minimize erosion.

(iii) A barrier protection layer of soil not less than 24 inches thick must be installed on top of the low permeability barrier soil cover. The material thickness, specifications, installation methods, and compaction specifications must be adequate to protect the low permeability soil barrier cover from anticipated desiccation cracking, frost action and root penetration, as well as to resist erosion and anticipated seepage forces to allow for a stable condition on the final slopes of the landfill cover.

(3) Certification requirements. Certification for the installation of barrier soil covers must be conducted in accordance with the requirements in paragraph (j)(3) of this section.

(r) Geomembrane covers. A geomembrane may be substituted for the low permeability barrier soil cover in final cover systems for those landfills which meet the requirements of section 360-2.15(d)(2)(i) of this Subpart. The geomembrane cover must be constructed to preclude precipitation migration into the landfill. The project engineer must consider settlement, erosion and seepage forces in the overall stability of the final cover system designed in accordance with section 360-2.7 of the Subpart.

(1) Materials required. The geomembrane material used in a final cover system must be chemically and physically resistant to materials it may come in contact with, and accommodate the expected forces and stresses caused by settlement of waste.

(2) Construction requirements. Geomembrane covers must be constructed in accordance with the same requirements as those found in paragraph (k)(2) of this section with the following exceptions:

(i) the geomembrane must have a minimum thickness of 40 mils; or 60 mils in the case of geomembranes comprised of a high density polyethylene polymer;

(ii) the geomembrane must be placed on a four percent minimum slope to promote gravity drainage and a 33 percent maximum slope to ensure stability of the capping system; and

(iii) a barrier protection layer of soil not less than 24 inches thick must be installed on top of the geomembrane cover. Material specifications, installation methods and compaction specifications must be adequate to protect the geomembrane barrier layer from frost action and root penetration, and to resist erosion and be stable on the final design slopes of the landfill cover. The lower six inches of this layer must be reasonably free of stones.

(3) Certification requirements. Certification for the installation of a geomembrane cover must be conducted in accordance with the same conditions found in paragraph (k)(3) of this section.

(s) Composite covers. The provisions of this subdivision apply to all landfills which meet the requirements of section 360-2.15(d)(2)(ii) of this Subpart. The composite cover component of the final cover system must be constructed to preclude precipitation migration into the landfill. The project engineer must consider settlement, erosion, and seepage forces in the overall stability of the final cover system designed in accordance with section 360- 2.7 of this Subpart. The composite cover component of the landfill's final cover system must include a 40 mil geomembrane (or 60 mils in the case of geomembranes comprised of a high density polyethylene polymer) that directly overlays an 18 inch thick low permeability soil layer. The composite cover need only be installed on areas which have final cover slopes of less than 25 percent (except for side slope terraces with slopes of 4 percent or greater). On slopes equal to or greater than 25 percent, either a single low permeability barrier soil cover comprised of 24 inches of soil with a maximum remolded coefficient of permeability of 1 x 10-6 cm/sec or a single geomembrane cover is an acceptable substitution for the composite cover layer of the final cover system.

(1) Low permeability soil material requirements. A low permeability soil cover must consist of materials having a maximum remolded coefficient of permeability of 1 x 10-6 cm/sec throughout its thickness.

(i) Construction requirements. Low permeability soil covers must be constructed in accordance with the requirements of paragraph (j)(2) of this section with the following exceptions:

(a) The low permeability soil cover must have a minimum compacted thickness of either 18 inches on all landfilled areas where the cover slope is 25 percent or less, or 24 inches on all landfill areas where the cover slope is equal to or greater than 25 percent.

(b) The low permeability soil cover must be placed on a slope of no less than four percent to promote positive drainage and at a maximum slope of 33 percent to minimize erosion.

(ii) Certification requirements. Certification for the installation of low permeability barrier soil covers must be conducted in accordance with the requirements in paragraph (j)(3) of this section.

(2) Geomembrane cover material requirements. The geomembrane material used in a final cover system must be chemically and physically resistant to materials it may come in contact with, and accommodate the expected forces and stresses caused by settlement of waste.

(i) Construction requirements. Geomembrane covers must be constructed in accordance with the same requirements as those found in paragraph (k)(2) of this section with the following exceptions:

(a) the geomembrane must have a minimum thickness of 40 mils; or 60 mils in the case of geomembranes comprised of a high density polyethylene polymer;

(b) the geomembrane must be placed on a 4 percent minimum slope to promote gravity drainage and a 33 percent maximum slope to ensure stability of the capping system; and

(ii) Certification requirements. Certification for the installation of a geomembrane cover must be conducted in accordance with the same conditions found in paragraph (k)(3) of this section.

(3) a barrier protection layer of soil not less than 24 inches thick must be installed on top of the low permeability soil cover, geomembrane cover and composite cover. Material specifications, installation methods and compaction specifications must be adequate to protect the geomembrane barrier layer from frost action and root penetration, and to resist erosion and be stable on the final design slopes of the landfill cover. The lower six inches of this layer must be reasonably free of stones when placed above a geomembrane.

(t) Topsoil. A topsoil layer, or alternative soil material, must be designed and constructed to maintain vegetative growth over the landfill.

(1) Materials required. The topsoil or alternative soil material layer must be suitable to maintain vegetative growth.

(2) Construction requirements. The soil must be at least six inches thick. A thicker layer of soil may be required, as determined by the department, if either of the following conditions exist:

(i) sufficient moisture retention cannot be maintained to sustain vegetative growth; or

(ii) the proposed post-closure uses of the site warrant a thicker soil layer.

(u) Construction certification report. A construction certification report must be submitted to the department within 45 days after the completion of landfill construction. This report must include, at a minimum, the information prepared in accordance with the application requirements of section 360-2.8 of this Subpart containing results of all construction quality assurance and construction quality control testing required in this section, including documentation of any failed test results, descriptions of procedures used to correct the improperly installed material, and results of all retesting performed. In addition, the construction certification report must contain as- built drawings noting any deviation from the approved engineering plans, and must also contain a comprehensive narrative including, but not limited to, daily reports from the project engineer and a series of color photographs of major project features. Construction activities must be staged to allow for effective collection and tabulation of a minimum of 30 consecutive days of secondary leachate collection and removal system flow data. Unless otherwise approved by the department, this data is required as part of the construction certification documentation to verify that the primary liner system will effectively meet the 20 gallon per acre per day leakage rate threshold using either precipitation derived or pumped liquid loading to the primary leachate collection and removal system. The department will review the submitted material for approval within 30 days after receipt.

(v) Waste quantification. All landfills that accept at least 20 tons of solid waste per day must have weight scales to measure the waste received on a daily basis. At a minimum, an annual summary of the quantity of solid waste received must be reported to the department, or at a more frequent interval if required by the department. Landfills which accept less than 20 tons of solid waste per day must have an approved means of quantifying the weight of solid waste received, and submit an annual summary to the department. Those landfills which accept at least 20 tons of solid waste per day, and have submitted closure plans in accordance with section 360-2.15 of this Part to the department indicating that site capacity will be achieved within one year from the effective date of this Part, will not be required to install weight scales.

(w) Equivalent design. The applicant may propose an equivalent design of individual components of a landfill's liner and final cover systems through the submission in the application of documentation substantiating the alternative component's ability to perform in the same manner as the component specified in this section. When the equivalent design involves the substitution of waste materials for components of the landfill' s liner or final cover system; and where it can be demonstrated that these material substitutions are within the landfill's environmental containment system (i.e., below the uppermost layer of the barrier layer of the final cover and above the secondary composite liner), such equivalency determinations are not subject to the variance requirements of this Part and this use is consistent with the beneficial use provision of section 360-1.15(b)(10) of this Part. It is highly recommended that the applicant discuss equivalent component design proposals with the department in a preapplication conference.

§360-2.14 Industrial/commercial waste monofills and solid waste incinerator ash residue monofills.

(a) Industrial/commercial waste monofills. Monofills used solely for the disposal of solid waste resulting from industrial or commercial operations are subject to all requirements of this Subpart, unless the applicant demonstrates that specific landfill requirements in this Subpart are not necessary for the solid waste to be disposed of at the subject facility. The requirements in this Subpart may be modified on a case-specific basis. The department may impose additional or less stringent requirements on these monofills, based on the pollution potential of the waste. Pollution potential shall be based upon the volume and the physical, chemical, and biological properties of the solid waste, and, its variability. Changes in the monofill's design may include, but not be limited to, modifications to the leachate collection system, low permeability liners, and low permeability cover system designs. For those facilities where the applicant can demonstrate to the department that a specific regulatory requirement contained in either sections 360-2.13, 360- 2.15 or 360-2.17 of this Subpart are not applicable as discussed in this subdivision, the need for a formal variance is waived. Alternative liner system designs for industrial waste monofills must demonstrate the following:

(1) In the case where an alternative liner system is proposed for an industrial waste monofill, a demonstration must be made as to the proposed liner's ability to adequately prevent a negative impact on groundwater and must address the following factors: the volume and physical and chemical composition of the leachate that will be generated at the disposal facility; the climatological conditions in the vicinity of the proposed site; and the hydrogeologic characteristics of the proposed site. The demonstration must include an assessment of leachate quality and quantity, anticipated liner system leakage to the subsurface and related contaminant transport to the closest environmental monitoring point. The demonstration should focus on developing an accurate profile of leachate quality and production rates sufficient to be used in evaluating its fate and transport from the point of release to the first point of environmental monitoring in order to determine whether leachate constituents can be expected to exceed the State's groundwater quality standards. It must be demonstrated that the industrial wastes' chemical characterization be accurately defined and that there are no reasons to anticipate significant changes in the concentrations of compounds that could increase the wastes' pollution potential in the future. The demonstration must include chemical compatibility test data run on the proposed liner and/or leachate collection and removal system materials with representative waste leachate, using anappropriate permeameter test to determine potential changes in the permeability of the proposed liner. The demonstration must include an estimate of the volumetric release of leachate from the proposed liner design based on analytical approaches supported by empirical data and/or be verified from other existing operational facilities of similar design. A dilution calculation must then be modelled to evaluate the impacts of the characterized leachate on groundwater quality based upon the calculated liner system's leakage rate.

(2) Paper mill sludge monofills. The minimum components of the liner system, monofill closure, operation requirements and the environmental monitoring plan for paper mill sludge landfills must consist of the following:

(i) Components of liner system. A single composite liner system is the minimal level of containment that the department will accept for paper mill sludge monofills. The composite liner system must consist of a minimum of two components, an upper geomembrane liner placed directly above a low permeability soil layer. A leachate collection and removal system must be located over the composite liner. The construction of each of the components must be in conformance with the appropriate requirements of section 360-2.13 of this Subpart unless expressly stated otherwise in this paragraph. The department may require additional liner components to the single composite liner or other restrictions depending upon the waste expected to be produced, monitorability of the site and/or other site conditions.

(ii) The soil component of the composite liner must be a minimum of 24 inches in compacted thickness and must have a maximum remolded coefficient of permeability of 1 x 10-7 centimeters per second throughout its thickness. The geomembrane liner material must have physical and chemical resistance not adversely affected by construction placement or leachate generated. The geomembrane must have a minimum thickness of 40 mils, or 60 mils if HDPE is used. However, in selecting a geomembrane for a facility to be constructed in phases, the ability to effectively bond future liner sections to existing liner must be considered.

(iii) The leachate collection and removal system located over the composite liner must have a minimum thickness of 24 inches and have a minimum coefficient of permeability of 1 x 10-2 centimeters per second. This drainage layer must provide adequate protection to all liner materials and the piping placed within the layer, as well as effectively convey leachate to the leachate collection and removal system. A suitably designed filtration system, meeting the criteria of section 360-2.13(o) of this Subpart, must be placed between the waste and the drainage layer to minimize migration of fines from the waste into the drainage system. A frequent cleanout schedule must be maintained to decrease the risks of physical or biological clogging. It is recommended that key collection lines be designed so they can be easily accessed from both the upstream and downstream ends for effective remedial servicing.

(iv) All leachate conveyance lines and related structures and appurtenances outside of the composite liner system of the monofill must be designed and constructed to have double containment and be constructed to provide for effective leak detection monitoring and leachate collection and removal.

(v) Monofill closure. All of the landfill closure and post closure criteria outlined in this Subpart are applicable to paper mill sludge monofills. The gas venting layer may not be necessary for this type of monofill. The need for this venting system will be determined by the explosive gas investigation performed at the time of closure. If a gas venting layer is shown not to be necessary at the time of closure, periodic follow up gas investigations must be performed to determine if there is any change in gas production that will necessitate gas venting in the future.

(vi) Monofill operation.

(a) The department may waive in writing the requirements for daily cover on all exposed surfaces of solid waste at the closure of each operating day, depending upon the type of waste deposited. However, a requirement to have daily cover available if odors or other nuisance conditions develop must be included in the operating plan or as a permit condition.

(b) Paper mill sludge must be dewatered to at least 20 percent solids with no free liquid evident in the dewatered sludge. The sludge must be analyzed quarterly for percent solids and the results submitted in the annual report.

(vii) Environmental monitoring plan.

(a) A water quality monitoring program which meets all requirements of section 360-2.11(c) of this Subpart must be implemented for paper mill sludge monofills to establish existing water quality for the site prior to landfilling. Water quality monitoring requirements for paper mill sludge monofills during the operation, closure and post-closure period can be monitored in view of the nature of the waste. The modified monitoring requirements must include a slightly enhanced analysis for baseline parameters four times a year at applicable environmental monitoring points. The routine parameters on the Water Quality Analysis Tables must be enhanced to include BOD5, toluene, and specific toxic metals or other parameters identified in the leachate generated from the waste. If leachate composition varies over time, the water quality monitoring program must be modified to reflect leachate composition.

(b) The leachate sampling plan at a paper mill sludge monofill during the first year of operation must consist of two rounds of baseline parameter and two rounds of expanded parameter analyses in accordance with the Water Quality Analysis Tables. The sampling analyses shall be performed quarterly, and analytical parameters must be alternated between baseline and expanded. The leachate sampling plan following the first year of operation can then be reduced to include an analysis every quarter for three quarters for baseline parameters enhanced to include BOD5, toxic metals or other parameters identified in the leachate generated from the waste and analyzed for expanded parameters during the remaining quarter, rotating the time of year the expanded parameters analysis is performed. A permit condition must be required for all paper mill sludge monofills to allow for adjustment of analytical requirements as appropriate, if there is a major change in the waste stream or paper making process.

(c) A sludge quality monitoring plan must be established to ensure that the material disposed of at a paper mill sludge monofill is nonhazardous. An analysis must be performed prior to sludge placement in the monofill, and at any time there is a major change in the paper making process.

(b) Solid waste incinerator ash residue monofills.

(1) Except in Nassau and Suffolk Counties, monofills used for the disposal of fly ash treated in a manner consistent with section 360-3.5(g)(3) of this Part, combined ash or bottom ash are subject to the requirements of this Subpart except as follows:

(i) The provisions of section 360-2.13 of this Subpart apply to these monofills with the exception of subdivisions (f)-(h) of this section.

(ii) Liner system. The minimum liner must consist of a single composite liner. The composite liner must, at a minimum, consist of a soil and geomembrane component designed in accordance with the provisions of section 360-2.13(j) and (k) of this Subpart with the exception of subparagraph (j)(1)(i).

(iii) The leachate collection and removal system above the liner system must be designed, constructed, maintained, and operated to collect and remove leachate from the monofill and ensure that the leachate head on the liner system does not exceed one foot at the expected flow capacity from a 24-hour, 25-year storm. This collection and removal system must be designed and constructed, at a minimum, in accordance with the requirement of section 360-2.13(l) and (m) of this Subpart (with the exception of subparagraph 360- 2.13[l][2][ii]).

(iv) The leachate collection and removal system must be designed and constructed to operate without clogging throughout the effective facility life and post-closure maintenance period. The leachate collection and removal pipe network must be designed to be accessible for routine cleaning and maintenance.

(v) The provisions of section 360-2.15 of this Subpart apply to these monofills with the exception of the provisions of section 360-2.15(e), (f) and (g) as they pertain to landfill gas.

(2) All monofills used for disposal of fly ash only and all monofills in Nassau and Suffolk Counties used only for disposal of ash residue (including fly ash treated in a manner consistent with section 360-3.5[g][2] of this Part) are subject to all the requirements of this Subpart, with the exception of the gas venting requirements specified in section 360-2.15 of this Subpart.

§360-2.15 Landfill closure and post-closure criteria.

In addition to the requirements of Part 208 of this Title, Subpart 360-1 of this Part and sections 360-2.13 and 360-2.17 of his Subpart, all landfills subject to regulation under this Part must conform to the requirements for closure and post-closure care set forth in this section. For existing sites where this information is known through previous efforts (such as monitoring of the facility during its operating life), some or all of the requirements of subdivision (a) of this section may be waived upon approval of the department. For landfills subject to the requirements of Part 208 of this Title, some or all of the requirements of subdivisions (d) through (g) of this section may be waived upon approval of the department.

(a) Closure site investigation. To ensure that an adequate final closure plan is developed, the nature and extent of current and potential release or migration of contaminants from the site must be defined. The minimum elements of a site investigation are as follows:

(1) A hydrogeologic investigation performed using the methods described in section 360-2.11 of this Subpart that must, at a minimum:

(i) define the geologic and hydrogeologic conditions of the uppermost aquifer, and, as required by the department, and any other units in the critical stratigraphic section which may be impacted by the facility;

(ii) establish a long-term monitoring well network in the uppermost aquifer, and other units necessary to protect public health and the environment, to monitor the effects of facility closure or remediation; and

(iii) analyze the initial round of samples in each monitoring point for baseline parameters. If contamination is detected the department may require additional sampling and analysis as specified in section 360-2.11 of this Subpart.

(2) An explosive gas investigation must be performed to determine whether the site meets the requirements of section 360-2.17(f) of this Subpart. The explosive gas investigation must include at least three rounds of subsurface explosive gas monitoring. This must be performed along a perimeter outside the waste mass but within the property boundary. Monitoring must be performed at 100 foot maximum intervals, if temporary sampling locations are used, or at 400 foot maximum intervals, if permanent gas monitoring wells are constructed. Initial monitoring should be performed when atmospheric pressure and wind velocity are low and ideally when the ground surface has been wet or frozen for several days and monitoring must be done below the wet or frozen zone. The intent of this investigation must be to:

(i) identify the presence and concentration of explosive gases at or near the landfill, including at the property line, in all on-site structures, and in potentially impacted off-site structures;

(ii) determine the extent of actual or potential gas migration off-site; and

(iii) identify the applicable soil stratigraphy beneath and around the landfill.

(3) A surface leachate investigation must be performed. This investigation must identify the presence of uncontrolled leachate at, or emanating from, the landfill; document any instances where fugitive leachate from the landfill is discharging into local surface waters; and characterize the chemical constituents of surface leachate for baseline parameters. The surface leachate investigation must be performed when groundwater levels are at seasonal high elevations or at such other times as specified by the department.

(4) A vector investigation must be performed to identify the presence of any vectors at the landfill, including but not limited to rodents, insects, and birds.

(5) Upon completion of the closure site investigation, the data must be compiled and presented in a closure investigation report. The report, which must be completed and submitted to the department at least 180 days before last receipt of waste, must include a summary that describes the environmental conditions including, but not limited to, general site conditions, land use, soil conditions, hydrogeologic characteristics, surface and groundwater quality, presence and migration of explosive gas and surface leachate and vector populations. Landfill owners or operators or their consultants should have preliminary discussions with the appropriate regional solid waste engineer to review the specific landfill considerations and findings of the closure investigation.

(b) Conceptual closure plan. Complete applications to construct and operate a new landfill, or an expansion to an existing landfill; and complete renewal applications must contain a conceptual closure plan prepared in conformance with the provisions of this subdivision. Landfills that are active on the effective date of this Part must submit the information described in paragraphs (3) and (4) of this subdivision to the department on the effective date of this Part. The conceptual closure plan will describe the steps necessary to close the landfill at any point during its active life, in accordance with the requirements of subdivisions (b) and (c) of this section. It shall, at a minimum, include the following:

(1) a site plan which shows proposed final contours, property lines, storm water drainage systems, streams and water courses, roads, structures and, if applicable, groundwater and leachate treatment systems, air pollution control and landfill gas recovery systems;

(2) typical details of cap components and facility structures which comply with requirements set forth in this section;

(3) an estimate of the largest active portion of the landfill that will require a final cover at any time during the active life of the landfill;

(4) an estimate of the maximum inventory of wastes ever on site during the active life of the landfill;

(5) sufficient information upon which to base closure and post-closure monitoring and maintenance cost estimates as required in subdivisions 360- 2.19(b) and (c) of this Subpart. This information shall include:

(i) estimates of material, quantities and costs;

(ii) estimates of cost of each major final cover component and structure; and

(iii) estimates of post-closure monitoring and maintenance costs based on the requirements set forth in subdivision (k) of this section.

(c) Final closure plan. An approvable final closure plan must be submitted to the department within 60 days before the last receipt of waste, within 60 days before the last day of the operating permit, or in accordance with permit requirements, whichever is earlier, and must be in compliance with this subdivision.

(1) The plan must:

(i) meet the requirements of paragraphs (b)(1) and (2), and subdivisions (d)-(j) of this section;

(ii) meet the requirements of subdivision (k) of this section, including the post-closure monitoring and maintenance operations manual prepared in accordance with paragraph (k)(7) of this section;

(iii) address unacceptable environmental impacts identified in the closure investigation report required in paragraph (a)(5) of this section;

(iv) provide an estimate of the landfill area to be covered;

(v) provide an estimate of the inventory of wastes in the landfill;

(vi) provide a closure construction schedule which conforms with the requirements of subdivision (d) of this section; and

(vii) provide amended closure and post-closure monitoring and maintenance cost estimates, prepared in accordance with subdivisions 360-2.19(b) and (c) of this Subpart.

(2) Financial assurance for closure monitoring and maintenance are to be amended in accordance with subdivision 360-2.19(b) and (c) of this Subpart.

(d) Final cover system. At a minimum, the final cover must consist of a layered system meeting the following requirements:

(1) the bottom layer of a final cover system must consist of a gas venting layer meeting the requirements of subdivision 360-2.13(p) of this Subpart; and

(2) the gas venting layer shall be overlain by the following:

(i) for landfills that meet the requirements of section 360- 1.7(a)(3)(viii)(a) of this Part either a low permeability soil cover barrier layer meeting the requirements of subdivision 360-2.13(q) of this Subpart, or geomembrane cover meeting the requirements of subdivision 360-2.13(r) of this Subpart, or a cover meeting the requirements of subparagraph (ii) of this paragraph; or

(ii) for landfills meeting the requirements of section 360- 1.7(a)(3)(viii)(b) of this Part, a composite cover consisting of a low permeability soil barrier cover layer and geomembrane cover meeting the requirements of subdivision 360-2.13(s) of this Subpart;

(3) the low permeability soil barrier cover layer, geomembrane cover, or composite cover layer shall be overlain by either a barrier protection layer meeting the requirements of subparagraph 360-2.13(q)(2)(iii), or subparagraph 360-2.13(r)(2)(iii) of this Subpart; and

(4) the barrier protection layer shall be overlain by a topsoil layer meeting the requirements of subdivision 360-2.13(t) of this Subpart;

(5) alternative individual components of the final cover system that meet the equivalent design provisions of subdivision 360-2.13(w) of this Subpart may also be used;

(6) the owner or operator must complete landfill closure activities in accordance with the final closure plan prepared in accordance with subdivision (c) of this section within 210 days following last receipt of waste, or within a time frame deemed acceptable by the department;

(7) closure construction certification report. A construction certification report must be submitted to the department within 45 days after the completion of landfill closure construction for approval and file record. This report must include the results of all construction quality assurance and construction quality control testing required in subdivisions 360- 2.13(p)-(t) of this Subpart and documentation of any failed test results, descriptions of procedures used to correct the improperly installed material, and statements of all retesting performed. In addition, the construction certification report must contain as-built drawings noting any deviation from the approved final closure plans.

(e) Landfill gas control. Landfill gas control systems must be designed to prevent the migration of concentrated amounts of landfill gases off-site. Gas venting systems are necessary for all landfills upon closure and must be designed and constructed in accordance with the requirements of subdivision 360-2.13(p) of this Subpart. These systems must prevent the accumulation of gas at greater than 25 percent of the lower explosive limit in structures on- site and off- site; prevent damage to vegetation both on the final cover and off-site; and control objectionable odors due to any gas emissions.

(f) Perimeter gas collection systems. Perimeter gas collection systems must be installed if landfill gases are found to pose a hazard to health, safety, or property. Perimeter gas collection systems must be designed and constructed in accordance with the requirements of this subdivision along with any other provisions required by the department. A perimeter gas collection system must consist of either:

(1) trenches keyed into a low permeability soil, a bedrock layer, or the seasonally low groundwater table, which can effectively cut off the lateral migration of gas; or

(2) gas wells screened in the unsaturated zone to the seasonably low water table or low permeability soil/bedrock layer that are spaced along the perimeter of the landfill to sufficiently prevent gas migration.

(g) Gas control using flares. All gas control systems which utilize flares must be designed in accordance with any applicable requirements of Parts 201 and 212 of this Title.

(h) Condensate from gas processing or control systems. Condensate generated and collected from gas processing or control systems must not be recirculated into the landfill unless it is demonstrated that the landfill has a department approved liner and leachate collection and removal system, and providing it is demonstrated that the landfill is operating in compliance with the provisions of section 360-2.17 of this Subpart, and prior written approval is obtained from the department. Otherwise, the condensate must be appropriately disposed of by other means.

(i) Leachate collection system. If required by the department, a leachate collection system must be constructed to control leachate outbreaks that could adversely affect the landfill cover or threaten surface waters. If the collection system includes the construction and operation of a leachate storage facility, such facility must be designed, constructed, and operated in accordance with the requirements of Subpart 360-6 of this Part.

(j) Vectors. If, through the site closure investigation report, vector problems are identified, an appropriate remediation program must be implemented. The vector remediation program must be implemented to mitigate vector problems before cessation of waste disposal occurs at the landfill.

(k) Post-closure operation and maintenance. For a landfill subject to closure, a provision must be included in the property deed indicating the period of time during which the property has been used as a landfill, describing the wastes contained within and noting that records of the facility have been filed with the department. The deed must also reference a map which shall be filed with the county clerk and which will clearly indicate the limits of the landfilled areas within the property boundary. The deed must also indicate that the use of the site is restricted pursuant to the provisions of paragraph (9) of this subdivision.

(1) For landfills that are without a department approved plan for closure where the maximum slope of 33 percent was exceeded before December 31, 1988, the landfill may be closed with slopes exceeding 33 percent if supported by a slope stability analysis, which must be submitted to the department, and providing the following are met:

(i) final grades must not exceed 50 percent for more than a 20 feet vertical rise; and

(ii) for longer slopes, run-off diversion terraces must be constructed at vertical intervals not exceeding 20 feet. The terraces must be designed to intercept run-off for diversion to appropriately spaced drainage ways leading off the landfill slopes. All terrace and drainage way slopes must be at least four percent.

(2) Drainage control structures must be designed, graded, and maintained to prevent ponding and erosion to the cover. The surface drainage system must be designed and constructed to protect the cover from, at a minimum, the peak discharge of a 24-hour, 25-year frequency storm.

(3) Soil cover integrity, slopes, cover vegetation, drainage structures, and gas venting structures must be maintained during the period of post-closure monitoring and maintenance, or as required by the department.

(4) Environmental and facility monitoring points including gas monitoring points must be maintained and sampled during the post-closure period for a minimum of 30 years. Post- closure explosive gas monitoring must be performed at least quarterly to determine if the facility meets the requirements of section 360-2.17(f) of this Subpart. If this monitoring shows explosive gas levels in excess of the lower explosive limit at the property boundary or in excess of the 25 percent of the lower explosive limit within any structures, appropriate actions must be taken and the department must be notified. Annual summary reports must be submitted to the department describing the results of the maintenance, monitoring and/or sampling for the environmental and facility monitoring points. Annual baseline and quarterly routine monitoring must be performed on groundwater, surface water, and leachate samples for a minimum period of five years. After this five-year period, the permittee may request that the department modify the sampling and analysis requirements.

(5) Maintenance and operation of the leachate collection system are required during the post-closure period and the method of leachate treatment or disposal must be addressed for as long as leachate is capable of adversely impacting the environment. The department may waive this requirement when the owner demonstrates that leachate no longer poses a threat to human health or the environment.

(6) A vegetative cover must be established and maintained on all exposed final cover material within four months after placement. If this cannot be achieved due to seasonal constraints, measures must be taken to ensure the integrity of the final cover system before the establishment of vegetative cover.

(7) A comprehensive post-closure monitoring and maintenance operations manual is required. This document shall provide all information needed to effectively monitor and maintain the facility for the entire post-closure period. Minimum components of this manual include:

(i) description of type, location, sampling and sample preservation methodology, and recordkeeping and reporting requirements for all environmental monitoring activities. The monitoring plan shall conform to paragraph (4) of this subdivision;

(ii) description of all environmental control systems including:

(a) process control monitoring types, locations, recordkeeping and reporting requirements. Leachate management activities shall include recording of the total volume of leachate stored and removed from the facility, sampling and analysis, and proper maintenance;

(b) environmental control maintenance requirements including description, type, frequency, and recordkeeping;

(iii) description of types, location and frequency of all other facility maintenance activities including:

(a) maintaining the integrity and effectiveness of any final cover, including making repairs to the cover as necessary to correct the effects of settlement, subsidence, erosion, or other events, maintaining the appropriate vegetative cover, and preventing run-on and run-off from eroding or otherwise damaging the final cover;

(b) maintaining the leachate collection system in accordance with subdivision (i) of this section;

(c) maintaining and operating the gas control and monitoring systems in accordance with the requirements of section 360-2.17(f) of this Subpart; and

(d) recordkeeping and reporting requirements;

(iv) description of resource requirements including:

(a) minimum personnel qualifications and numbers; and

(b) minimum equipment needs;

(v) a contingency plan which shall include:

(a) responses to problems that have a reasonable likelihood of occurrence including, but not limited to, major erosion problems, significant differential settlement, and fire;

(b) action levels above which identified environmental monitoring, environmental control, or maintenance problems require prompt action by the owner and notification to the department; and

(c) a summary of any corrective measures that must be done to be in accordance with section 360-2.20 of this Subpart;

(vi) name, address and telephone number of the person or office to contact on post- closure monitoring and maintenance, and corrective measure concerns during the post- closure period;

(vii) a summary of financial assurance criteria concerns that must be addressed to remain in compliance with the provisions of section 360-2.19(c) and (d) of this Subpart. This includes:

(a) submittal to the department of annual adjustments to cost estimates of post- closure care and corrective measures; and

(b) notification to the department of increases in post-closure care costs and corrective measure costs; and

(viii) a description of the planned uses of the property during the post- closure period. Planned uses shall be in compliance with paragraph (9) of this subdivision.

(8) Quarterly inspections and inspections after major rainfall events (five- year storms) shall be performed on all facility components during the minimum 30-year post-closure period, unless specific department approval is given to eliminate some or all of these requirements, to ensure that the facility is functioning as intended. The results of those inspections shall be submitted to the department as part of a registration renewal report as described in paragraph (l)(4) of this section, or more frequently, if deemed appropriate by the department.

(9) A description of the planned uses of the property during and after the post-closure period is required. Use of the property shall not disturb the integrity of the final cover, liners, or any other components of the containment system, or the function of the monitoring or environmental control systems, unless necessary to comply with the requirements of section 360-2.20 of this Subpart. The department will approve any other disturbance if the owner or operator demonstrates that disturbance of the final cover, liner or other component of the containment system, including any removal of waste, will not increase the potential threat to human health or the environment.

(l) Closure and post-closure registration report.

(1) The owner or operator of a closing facility must register with the department at least one year before the facility is scheduled to cease accepting waste. The owner or operator must register on a form prescribed by the department.

(2) The registration must be renewed every five years until the department determines that the post-closure monitoring and maintenance period for the facility has ended.

(3) The initial registration report must include: the facility's name, address and telephone number; the owner's name, address and telephone number, and the name, address and telephone number of the person who will be responsible for closure and post-closure care of the facility, and other information deemed necessary by the department.

(4) Subsequent registration reports must also include the following information:

(i) a certification that the facility complies with all applicable closure and post-closure criteria contained in this section, financial assurance criteria contained in section 360-2.19, and corrective measures report criteria contained in section 360-2.20 of this Subpart; and

(ii) any other information which the department determines to be necessary to protect the public health and welfare and the environment or natural resources.

(5) A registration issued pursuant to this subdivision is transferable only upon prior written approval of the department and a demonstration that the prospective transferee will be able to comply with all applicable laws, regulations and requirements.

§360-2.16 Landfill gas recovery facilities.

(a) Purpose. This section regulates the construction and operation of all on- site landfill gas recovery facilities (LGRF) that remove landfill gas from landfills subject to regulation under the provisions of this Part.

(b) Applicability. All LGRF's existing on the effective date of this Part must obtain a permit pursuant to this Part. All such LGRF's that are operating without such a permit must submit to the department within 180 days after the effective date of this Part a complete application prepared in accordance with the provisions of this subdivision and containing the following:

(1) An engineering plan detailing:

(i) a vicinity plan or map that must show the area within one mile of the boundaries of the landfill from which the gas is being recovered; the existing and proposed zoning and land uses within that area; and residences, access roads, and other existing and proposed man- made or natural features relating to the landfill gas recovery facility and associated landfill;

(ii) a site plan (certified by an individual licensed to practice land surveying in the State of New York) showing the landfill's property boundaries from which the landfill gas is to be removed; the location of the landfill gas recovery facility; off-site and on-site utilities, including electric, gas, water, storm, and sanitary sewer systems and right-of-way easements; the names and addresses of abutting property owners; the location of existing and proposed gas venting structures, wells, piezometers, environmental and landfill monitoring points and devices 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 on-site buildings and appurtenances, fences, gates, roads, parking areas, drainage culverts, and signs; the delineation of the total landfill area from which landfill gas is to be recovered, including sequential or planned modular development of the landfill's operation; a wind rose; and the site topography with five feet minimum contour intervals of the landfill from which landfill gas is to be recovered; and

(iii) detailed plans of the landfill gas recovery facility must adequately delineate in plan views and in cross-sectional views, the location and grades of all landfill gas collection lines, locating and showing all critical elevations of the collection pipe inverts, cleanouts, and valves; layout of the facility structure including equipment locations, sampling locations; on-site drainage structures; and extraction well location, depth of placement, and construction materials.

(2) The engineering report must contain the following:

(i) a description of the operation of the facility and how the recovered landfill gas will be used;

(ii) an estimate of the quantities of condensate currently generated or expected to be generated and a description of how the condensate is being or will be disposed of;

(iii) an estimate of the cost to properly close the LGRF in accordance with the provision of subparagraph (viii) of this paragraph;

(iv) a description of all machinery, equipment, and materials used at the facility, including the equipment's make, model, manufacturer, design capacity, and performance data;

(v) a description of how the LGRF relates to the landfill's overall gas venting and control system;

(vi) a description of the procedures for taking, analyzing, and reporting data from condensate sampling;

(vii) a contingency plan that discusses an organized and planned method of responding to unexpected events during the construction and during the operation of a LGRF. The plan must address actions to be taken with respect to noise; personal injury; explosions; fires; detection of explosive landfill gases both on-site and off-site; and the equipment to be utilized to maintain proper landfill gas venting and control when normal operations cease; and

(viii) a closure plan that must include, at a minimum, methods to vent and control landfill gases after operation of the facility ceases, and any other requirements pertaining to landfill gas venting and control contained in section 360-2.15 of this Part.

(3) The operation and maintenance plan for the LGRF must include the following:

(i) a description of the project's personnel requirements including a discussion of their responsibilities and duties;

(ii) a description of the equipment machinery, operational controls, and processes to be used during normal operation;

(iii) a description of procedures to be followed by project personnel during start-up and planned and unplanned shutdown of operations;

(iv) a description of the safety features of equipment, controls, and machinery;

(v) site security methods;

(vi) a description of the facility's landfill gas condensate collection, storage, and treatment systems. The design capacity for these systems must be based on the engineering report's estimate of the amount of landfill gas condensate produced; and

(vii) a description of the procedures for reporting information required by subdivision (f) of this section.

(c) Application requirements. All persons proposing a LGRF must apply for an application for a permit to construct and operate that facility pursuant to this Part. An application for a permit to construct a LGRF must contain all the information and documentation required pursuant to subdivision (b) of this section and Subpart 360-1 of this Part.

(d) Permit renewals. An application for renewal of a permit must be accompanied by necessary information documenting that the subject facility is capable of meeting the specific standards of subdivision (e) of this section and Subpart 360-1 of this Part.

(e) Operational requirements. In addition to the requirements of Subpart 360- 1 of this Part, all LGRF owners or operators must ensure that air emissions will not violate any applicable requirements developed pursuant to section 111 of the Clean Air Act (see section 360-1.3 of this Part), and must conform to the operational requirements of this section:

(1) condensate generation must be kept to a minimum and condensate recirculation, if proposed, must be in accordance with section 360-2.15(h) of this Subpart;

(2) all LGRF's that use combustion of any type must be designed and operated in accordance with all applicable requirements of Parts 201, 212, 225 and 227 of this Title;

(3) during the first year of operation, condensate sampling must occur quarterly and annually thereafter. The analysis must include at least those parameters in the Water Quality Analysis Tables, in section 360-2.11(d)(6) of this Subpart;

(4) the owner or operator of the facility must report all condensate quality monitoring results within 60 days after sampling;

(5) the landfill gas recovery piping and extraction wells must not interfere with the integrity of the proposed or existing landfill cover system; and

(6) an annual report on theoperation of the LGRF must be submitted to the department no later than 60 days after the first day of January of each year of operation. This report must contain the following information compiled on a monthly basis:

(i) quantity of landfill gas recovered;

(ii) quantity of condensate generated;

(iii) quantity of steam generated (if applicable);

(iv) quantity of electricity generated (if applicable);

(v) quantity of low Btu or pipeline quality gas produced (if applicable);

(vi) summary of sampling data;

(vii) hours of operation; and

(viii) list of all full- and part-time employees and their titles.

§360-2.17 Landfill operation requirements.

In addition to the operational requirements in section 360-1.14 of this Part, all landfills regulated under this Subpart must conform to the operation requirements in this section.

(a) Water quality monitoring program. A water quality monitoring program must be implemented that satisfies the appropriate requirements of section 360-2.11 of this Subpart and special permit conditions pertaining to such a program.

(b) Waste placement requirements.

(1) Solid waste must be spread in layers not exceeding two feet in thickness and must be compacted upon deposition at the working face by appropriately sized compaction equipment making a minimum of three passes. The working face must be restricted to the smallest area practicable, based on peak usage traffic conditions at the landfill.

(2) Lift height must not exceed 10 feet and shall not have a final slope greater than 33 percent. Wastes must be placed and graded in accordance with the provisions of the fill progression plan set forth in section 360-2.9(e) of this Subpart, and shall not be placed at a grade of less than four percent to accommodate facility closure.

(3) The first layer of refuse placed above the leachate collection layer must be a minimum of five feet in compacted thickness, and be of a select nature containing no large rigid objects, such as bed springs or posts, placed in a manner to damage the liner system.

(c) Daily cover. A minimum of six inches of compacted cover material must be applied on all exposed surfaces of solid waste at the close of each operating day to control vectors, fires, odors, blowing litter and scavenging. The department may approve the use of alternative daily cover materials of an alternative thickness, upon a demonstration that the alternative daily cover material will adequately control vectors, fires, odors, blowing litter and scavenging without presenting a threat to human health and the environment. Such demonstrations are not subject to variance procedures of this Part.

(d) Intermediate cover. A minimum of 12 inches of compacted cover material, must be applied and maintained on all landfill surfaces where no additional solid waste has been or will be deposited within 30 calendar days. The facility owner or operator may request department approval to remove all or a portion of the intermediate cover before placing an additional lift of solid waste, if odors and blowing litter are effectively controlled on-site.

(e) Final cover system. The final cover system must be designed, constructed and maintained in accordance with the requirements of section 360-2.15 of this Subpart.

(f) Decomposition gases generated within a landfill must be controlled to avoid hazards to health, safety, or property. Measures to control decomposition gases must be undertaken in accordance with the following requirements:

(1) the concentration of methane and other explosive gases generated by the facility must not exceed:

(i) 25 percent of the lower explosive limit for gases in structures on or off-site, excluding gas control or recovery system components; and

(ii) the lower explosive limit for the gases at or beyond the property boundary.

(2) An ongoing gas monitoring program must be initiated upon initial operation of the landfill to ensure that the standards of paragraph (1) of this subdivision are met. The type and frequency of monitoring must be approved by the department and based on the following factors: soil conditions; the hydrogeologic conditions surrounding the disposal area; the hydraulic conditions surrounding the disposal site; and the location of any man-made structures and property boundaries. The minimum frequency of monitoring shall be quarterly.

(3) Upon detection of methane or other explosive gas levels exceeding the limits specified in paragraph (1) of this subdivision, the landfill operator and the appropriate officials identified in the department-approved contingency plan must immediately take all steps necessary to ensure safety and protection of human health and must immediately notify the department:

(i) within seven days of detection submit to the department the methane gas levels detected and provide a description of the steps taken to protect human health; and

(ii) within 45 days of detection, submit a plan to implement a remediation plan for the methane gas releases and schedule for the implementation of this plan within 60 days beyond the date of the detection. This plan must describe the nature and extent of the problem and the proposed remedy.

(g) Leachate generation and migration. All landfills must be constructed, operated, and closed to minimize the generation of leachate and to prevent the migration of leachate into surface and groundwater.

(h) Maintenance schedule for primary leachate collection and removal system. The primary leachate collection and removal system must be maintained in accordance with the provisions of subdivision 360-2.9(j) of this Subpart to prevent clogging of the system.

(i) Monitoring schedule for secondary leachate collection and removal system. Daily monitoring of the secondary leachate collection and removal system must be accomplished to determine the presence, quantity, nature, and significance of any liquid detected in accordance with the appropriate provisions of subdivision 360-2.9(j) of this Subpart.

(j) Leachate recirculation. Leachate recirculation is prohibited unless the landfill meets the following requirements:

(1) For existing landfills operating under Part 360 permit and that have received department approval to recirculate leachate, may continue for the duration of the permit or subsequent permit renewals as long as the landfill meets all of the operating requirements of this Part and providing that groundwater monitoring data verifies no landfill induced contamination pursuant to the provisions of Part 703 of this Title.

(2) For all new landfills, or an existing landfill that does not have department approval to recirculate leachate, a double liner system acceptable to the department is required, along with demonstration of a minimum of six months of acceptable primary liner performance being submitted for department approval.

(3) In all cases, leachate recirculation is prohibited on areas where any soil cover has been applied, unless provisions for run-off collection and containment are provided. In no double lined landfill shall the volume of leachate to be recirculated increase the primary liner systems leakage rate beyond the 20 gallons per acre per day operational threshold based on a 30- day average and/or increase the potential for groundwater contamination.

(4) All leachate recirculation proposals must have in support an operations manual prepared in accordance with the provisions of subdivisions 360-2.9(a) and (j) of this Subpart.

(k) Bulk liquids. Disposal of bulk liquids in any landfill is prohibited. For the purpose of this Part, liquid containers from households five gallons or less in size are not considered bulk liquids.

(l) Industrial/commercial wastes. Disposal of solid waste in a landfill resulting from industrial or commercial operation is prohibited except pursuant to specific department authorization.

(m) Hazardous waste and low-level radioactive waste. No hazardous waste as defined in Part 371 of this Title that is required to be managed at a facility subject to regulation under Part 373 or 374 of this Title and no low-level radioactive waste or NARM waste as defined in Parts 380, 382, and 383 of this Title that are required by Parts 380 and 383 of this Title to be disposed at a Part 383 permitted facility shall be disposed of in a landfill.

(n) Sludge disposal. All sludges, including publicly owned treatment works sludges and septage authorized by the department for disposal must first be stabilized, and dewatered to 20 percent solids with no free liquid as defined by the paint filter liquids test (method 9095) in Test Methods for Evaluating Solid Waste, Physical/Chemical Methods, EPA publication SW-846 (see section 360-1.3 of this Part) evident in the dewatered sludge.

(o) Sludge and other solid waste. Landfills without leachate collection, treatment, and monitoring facilities must not accept sludge whose wet weight exceeds 25 percent of the combined total weight of the sludge and other solid waste accepted on a daily basis.

(p) Asbestos waste disposal. Asbestos waste may be disposed of at a landfill if it has been removed and packaged in accordance with 40 CFR part 61, Subparts A and M, and 29 CFR parts 1910 and 1926 (see section 360-1.3 of this Part), and provided the following measures and precautions are taken to prevent the asbestos fibers from becoming airborne.

(1) The transporter, having a permit pursuant to Part 364 of this Title must first inform the landfill operator of his intent to dispose of asbestos waste, the volume of the waste, and the anticipated date the shipment will arrive at the landfill.

(2) The landfill owner or operator must then direct the transporter to the selected disposal area. This area must be recorded on an operations site plan so that necessary precautions can be taken to handle the asbestos waste in a safe manner in the event of future construction or regrading activity in this area.

(3) The asbestos waste material may be placed into a predug trench in the existing refuse, provided that a five-feet groundwater separation distance at existing landfills is adhered to, or may be placed at the bottom of the working face. The asbestos waste must be backfilled with at least three feet of refuse or 18 inches of soil before compaction. This backfill material must be able to bridge the asbestos waste containers and act as a buffer between the asbestos and the tracks or wheels of the compaction equipment. Additional backfill must be placed over the asbestos waste before compaction if necessary to adequately separate equipment from the asbestos waste containers. At the end of the operation, the appropriate cover material must be immediately applied.

(4) If the owner or operator or the department inspector believes that the above requirements are insufficient to prevent the asbestos waste material from becoming airborne or coming in contact with landfill equipment because of site-specific conditions or otherwise, added precautions must be taken.

(q) Inspection for unauthorized waste. The owner or operator must select a waste collection vehicle at random at least once weekly and unload its solid waste at the working face for inspection for unauthorized wastes. Unauthorized waste shall include, but not be limited to, hazardous waste as defined in Part 371 of this Title. A record of this inspection must be kept on the premises and be available for department review to ensure only authorized solid waste is being accepted at the facility.

(r) Tank disposal. When accepting any tank for disposal, the tank ends must be removed or cut off and the tank must be cleaned of residue and be effectively compressed to its smallest practical volume.

(s) Perimeter access road. Every landfill must have and maintain a perimeter access road.

(t) Annual report. For all active landfills, the operator must submit to both the central office and the appropriate regional office of the department, an annual report including but not limited to the data requested in this subdivision, no later than 60 days after the first day of January of each year of operation. In addition to the requirements of subdivision 360-1.4(c) of this Part, this report must detail:

(1) the total quantity in tons of solid waste disposed of from January 1st to December 31st. This information must be compiled by waste type, such as refuse, sludge, energy recovery facility residue, industrial waste, or other waste forms, and in both tons per day and total tons per quarter;

(2) the remaining site life and capacity in cubic yards of the existing constructed landfill and the remaining capacity and site life of those other areas not yet built, but which have received entitlement under a permit;

(3) an estimate of the actual in situ waste density shall be made, considering the accumulative volume of landfill airspace utilized and the amount of waste disposed of;

(4) a compilation of all water and leachate quality data collected throughout the year as required in section 360-2.11(c)(5)(iv)(e) of this Subpart;

(5) for all landfills that collect leachate on-site, the total amounts of leachate collected and the amount transported off-site or treated on a monthly basis. For leachate treated off-site, the treatment facility utilized must be identified;

(6) for landfills with double liners using secondary leachate collection and removal systems, the amount of leachate collected in the secondary leachate collection and removal system must be compiled on a monthly basis and reported annually to the department to assess primary liner system performance;

(7) any changes from the approved report, plans, and specifications or permit conditions must be listed with justification for each change given, including any deviation from the approved fill progression plan;

(8) the tipping fee charged by waste type in dollars per ton, and the cost of leachate treatment (including transportation if appropriate);

(9) the amount (tons per year) of each solid waste type (recyclables) recovered from disposal, and its final destination; and

(10) annual adjustments to closure and post-closure care cost estimates and financial assurance documents as required in section 360-2.19 of this Subpart, and of applicable annual adjustments to corrective measures cost estimates and financial assurance documents as required in section 360-2.19 of this Subpart.

(u) Weight scales. All landfills accepting more than 20 tons per day of solid waste must effectively operate and maintain weight scales in accordance with the provisions of section 360-2.13(v) of this Subpart.

(v) Tires. Disposal of whole tires in any landfill is prohibited.

(w) Lead acid batteries. Disposal of lead acid batteries in any landfill is prohibited.

(x) Air criteria. Owners or operators of all solid waste landfills must ensure that air emissions from the landfill will not violate any applicable requirements developed pursuant to section 111 of the Clean Air Act (see section 360-1.3 of this Part).

§360-2.18 Landfill reclamation.

(a) Applicability.

(1) All landfill reclamation activities must conform to the provisions of this section. For the purpose of this section, landfill reclamationis defined as excavation of a portion or all of a landfill with the ultimate goal of reducing landfill volume through separation of materials into recyclable, reusable, and combustible components; reducing closure and post-closure costs by complete or partial exclusion of the landfill; creating capacity; or reducing environmental impacts. Landfill closure projects which only involve recontouring (other than incidental recontouring) of the existing waste mass must comply with subdivision (e) of this section.

(2) Feasibility studies must be conducted prior to any reclamation activities and in accordance with a department-approved work plan. Demonstration projects and other landfill reclamation activities must be conducted under a valid consent order or permit issued pursuant to this Part.

(3) All landfill reclamation activities, including feasibility study field investigations, must be conducted in accordance with work plans previously approved by the department. If any of the required information is known through previous efforts, some or all of the requirements of this section may be waived upon approval of the department. Work plans may be submitted and approved in phases prior to commencing feasibility studies, demonstration projects, or full scale reclamation activities.

(b) Feasibility study work plans. Landfill reclamation feasibility study work plans must include:

(1) Preliminary site investigation, including site inspection, personal interviews, review of landfill records, and review of site history. This investigation must include the following:

(i) a description of the vertical and areal extent of the landfill;

(ii) a delineation of sections, trenches, cells, berms, or other diversions forming discrete or partially separated areas of the landfill, or special waste (e.g., sewage sludge, ash, asbestos waste, C&D debris, etc.) disposal areas;

(iii) a description of the age, type of waste and cover material, landfill operation method, and estimate of volume for each area of the landfill identified in subparagraph (ii) of this paragraph;

(iv) an estimate of the water table depth throughout the area to be reclaimed;

(v) an assessment of available work space for equipment staging, material storage, and other work areas;

(vi) an evaluation of landfill's existing groundwater monitoring system, procedures, and most recent analytical data;

(vii) a description of the regulatory status of the landfill (e.g., results of department inspections, compliance history, permit status, etc.);

(viii) a description of the owner/operator's future use plan for the landfill after reclamation; and

(ix) a determination ifa field investigation should be conducted.

(2) A field investigation work plan that describes all of the field work and laboratory analysis that is part of the feasibility study, including:

(i) all proposed work areas;

(ii) the number and location of all borings, trenches, and test pits and their estimated depth and volume;

(iii) a description of all excavation and material handling operations;

(iv) a description of all material quantification methods, laboratory analyses, and test burns which will be used to characterize and estimate the quantities of recyclables, combustibles, reusable soil, rejects, and other components;

(v) a delineation of project management responsibilities and a proposed work schedule; and

(vi) a contingency plan as described in subdivision (f) of this section.

(c) Feasibility study field investigation and report. Upon approval of the feasibility study work plan, the field investigation may be performed. Upon completion of the field investigation, the data must be compiled and presented in a feasibility study report submitted to the department. The report must include:

(1) a description of actual sampling, analysis, test pits and test borings;

(2) the thickness of solid waste fill and depth to water table;

(3) a characterization of excavated materials (e.g., recyclables, combustibles, reusable soil, rejects, and other components);

(4) an evaluation of the suitability of the excavated material for reuse or recycling; need for further processing; and expected final disposition;

(5) an assessment of potential landfill reclamation costs and potential landfill closure costs;

(6) an assessment of the impacts associated with landfill reclamation; and

(7) a determination if landfill reclamation is feasible.

(d) Landfill reclamation work plans. Engineering drawings and work plans for demonstration projects or landfill reclamation must include:

(1) A vicinity plan or map that shows the area within one mile of the boundaries of the landfill to be reclaimed; the existing and proposed zoning and land use within that area; and residences, access roads, and other existing and proposed artificial or natural features relating to the reclamation of the landfill.

(2) A site plan showing the landfill's property boundaries; the utilities including electric, gas, water, storm, and sanitary sewer systems and right- of-way easements; the names and addresses of abutting property owners; the location of the proposed reclamation; the landfill liner system and leachate collection, storage, treatment and pumping system; on-site buildings and appurtenances, fences, gates, roads, parking areas, drainage culverts, and signs; a wind rose; and, the site topography.

(3) The detail of the proposed reclamation area must adequately delineate in plan and cross-sectional view, the depth of excavation, proximity to the liner and leachate collection and disposal system, if any, other landfill structures and equipment, and direction of progression. Footprint reduction areas must be cleaned by completely removing waste and sufficient subbase soil from below the reclaimed area.

(4) A description of the excavation and sorting procedures, and a contingency plan, as described in subdivision (f) of this section.

(5) A description of procedures for processing, storage, removal, transfer, use, and disposal of excavated material.

(i) The separation, handling, storage, and transfer of excavated materials must meet the operational requirements of section 360-12.2 (except paragraph [a][1]) and section 360-11.4 (except subdivision [n]) of this Part.

(ii) The off-site reuse of soil components or residues must be approved in advance in accordance with section 360-1.15(d) of this Part.

(iii) If combustion of residual material is proposed, combustible components must be subjected to a test burn for determination of suitability for combustion and monitoring of the air emissions.

(6) A run-on/run-off and leachate management plan.

(7) The procedure for site clean-up and grading after reclamation must be described with detailed drawings showing original and final grades. Landfill footprint reduction must meet the requirements of subdivision (e) of this section.

(e) Landfill footprint reduction. If landfill reclamation results in a reduction in the landfill footprint, the following requirements must be met.

(1) A petition for the exclusion of the reclaimed landfill area, completely or partially from the landfill closure and post-closure criteria described in section 360-2.15 of this Subpart, must be submitted for approval by the department. The footprint reduction petition must include the following:

(i) details of the footprint reduction area in plan and cross-sectional views;

(ii) a sampling plan, approved by the department, that describes the number and method of sampling, analytical parameters and methods to be used with detection limits, and includes, at the minimum, analysis for parameters in the Water Quality Analysis Table (see section 360-2.11[d][6] of this Subpart); and

(iii) an evaluation of the results of sampling and analysis of the in situ landfill subbase soil.

(2) A notice in the deed to the property may be required in accordance with section 360-2.15(k) of this Subpart.

(3) Any future use of reclaimed areas as solid waste management facilities must comply with the applicable provisions of this Part.

(f) Contingency plans.

(1) Contingency plans must include a description of the courses of action which should be taken in responding to events that may occur during field investigation and land reclamation activities. The plan must describe actions to be taken with respect to personnel safety, on-site personnel injury, fires, explosion, landfill gases, dust, litter, odor, noise, vectors, and excavation and release of hazardous or toxic materials.

(2) The contingency plan must address hazard evaluation and protection from potential hazards, including engineering controls, personal protection equipment, and air monitoring techniques. The plan must also include designation of exclusion, decontamination and support zones, decontamination procedures, on-site communication procedures, and emergency procedures.

(3) A site health and safety coordinator must be designated on a full time basis at least during excavation. The coordinator must be trained in hazardous waste and emergency response operations as referenced in 29 CFR part 1910.120 (see section 360-1.3 of this Part).

§360-2.19 Financial assurance criteria.

(a) Applicability and effective date.

(1) The requirements of this section do not apply to owners and operators of landfills who are State or Federal government entities whose debts and liabilities are the debts and liabilities of a State or the United States.

(2) For municipal solid waste landfills that receive solid waste after October 9, 1993, the effective date of this section is April 9, 1997.

(3) A third party, for the purposes of this section, is a party who is neither a parent nor a subsidiary of the owner or operator.

(b) Financial assurance for closure.

(1) The owner or operator must have a detailed written estimate, in current dollars, of the cost of hiring a third party to close the largest active portion of the landfill requiring a final cover as required under section 360-2.15 of this Subpart at any time during the active life in accordance with the closure plan. This cost estimate must be approved by the department.

(i) At a minimum, the cost estimate must equal the cost of closing the largest active portion of the landfill requiring a final cover at any time during the active life when the extent and manner of its operation would make closure the most expensive, as indicated by its closure plan (see section 360-2.15 of this Subpart).

(ii) During the active life of the landfill, the owner or operator must annually adjust the closure cost estimate for inflation and submit a copy of the adjusted estimate to the department.

(iii) The owner or operator must notify the department and increase the closure cost estimate and the amount of financial assurance provided under paragraph (2) of this subdivision if changes in inflation, the closure plan, or landfill conditions increase the maximum cost of closure at any time during the remaining active life.

(iv) If approved by the department, the owner or operator may reduce the closure cost estimate and the amount of financial assurance provided under paragraph (2) of this subdivision if the cost estimate exceeds the maximum cost of closure at any time during the remaining active life of the landfill. The justification for the reduction of the closure cost estimate and a copy of the revised financial assurance documentation must be submitted to the department.

(2) The owner or operator of each landfill must establish financial assurance for closure of the landfill in compliance with subdivision (e) of this section. The owner or operator must provide continuous coverage for closure until released from financial assurance requirements by demonstrating compliance with section 360-2.15 of this Subpart.

(c) Financial assurance for post-closure care.

(1) The owner or operator must have a detailed written estimate, in current dollars, of the cost of hiring a third party to conduct post-closure care for the landfill in compliance with the final closure plan developed under section 360-2.15 of this Subpart. The post-closure cost estimate used to demonstrate financial assurance in paragraph (2) of this subdivision must account for the total costs of conducting post-closure care, including annual and periodic costs as described in the final closure plan over the entire post-closure care period. This post-closure care cost estimate must be approved by the department.

(i) At a minimum, the cost estimate for post-closure care must be based on the most expensive costs of post-closure care during the post-closure care period.

(ii) During the active life of the landfill and during the post-closure care period, the owner or operator must annually adjust the post-closure cost estimate for inflation and submit a copy of the adjusted estimate to the department.

(iii) The owner or operator must notify the department and increase the post-closure care cost estimate and the amount of financial assurance provided under paragraph (2) of this subdivision if changes in inflation, the post-closure plan, or landfill conditions increase the maximum costs of post-closure care.

(iv) If approved in advance by the department in writing, the owner or operator may reduce the post-closure cost estimate and the amount of financial assurance provided under paragraph (2) of this subdivision if the cost estimate exceeds the maximum costs of post- closure care remaining over the post-closure care period. The justification for the reduction of the post-closure cost estimate and a copy of the revised financial assurance documentation must be submitted to the department.

(2) The owner or operator of each landfill must establish, in a manner in accordance with subdivision (e) of this section, financial assurance for the costs of post-closure care as required under section 360-2.15 of this Subpart. The owner or operator must provide continuous coverage for post- closure care until released from financial assurance requirements for post- closure care by demonstrating compliance with section 360-2.15 of this Subpart.

(3) Unless otherwise specifically approved in advance by the department in writing, a trust fund or a solid waste management facility reserve fund must be established for post-closure care. The trust fund must be established in a manner that allows the department to direct the trustee to hire a third party to conduct post-closure care if the owner fails to comply.

(d) Financial assurance for corrective measures.

(1) An owner or operator of a landfill required to undertake corrective measures pursuant to section 360-2.20 of this Subpart must have a detailed written estimate, in current dollars, of the cost of hiring a third party to perform the corrective measures in accordance with the program required under section 360-2.20 of this Subpart. The cost estimate must account for the total costs of corrective measures as described in the plan for the entire corrective measures period. The cost estimate must be approved by the department.

(i) The owner or operator must annually adjust the estimate for inflation until the corrective measures are completed in accordance with section 360- 2.20 of this Subpart and submit a copy of the adjusted estimate to the department for approval.

(ii) The owner or operator must notify the department and increase the corrective measures cost estimate and the amount of financial assurance provided under paragraph (2) of this subdivision if changes in inflation, the corrective measures program, or landfill conditions increase the maximum costs of corrective measures.

(iii) If approved in advance by the department in writing, the owner or operator may reduce the amount of the corrective measures cost estimate and the amount of financial assurance provided under paragraph (2) of this subdivision if the cost estimate exceeds the maximum remaining costs of corrective measures. The justification for the reduction of the corrective measures cost estimate and a copy of the revised financial assurance documentation must be submitted to the department.

(2) The owner or operator of each landfill required to undertake corrective measures under section 360-2.20 of this Subpart must establish, in accordance with subdivision (e) of this section, financial assurance for the most recent corrective measures program. The owner or operator must provide continuous coverage for corrective measures until released from financial assurance requirements for corrective measures by demonstrating compliance with section 360-2.20 of this Subpart.

(e) Allowable financial assurance mechanisms. Allowable financial assurance mechanisms must be acceptable to the department and the mechanisms used to demonstrate financial assurance under this section must ensure that the funds necessary to meet the costs of closure, post-closure care, and corrective measures for known releases will be available whenever they are needed. Except where indicated otherwise, owners and operators must choose from the options specified in paragraphs (1)-(11) of this subdivision.

(1) Trust fund.

(i) An owner or operator may satisfy the requirements of this subdivision by establishing a trust fund which conforms to the requirements of this paragraph. The trustee must be an entity which has the authority to act as a trustee and whose trust operations are regulated and examined by a Federal or State agency. An original, signed duplicate of the trust agreement must be submitted to the department.

(ii) Payments into the trust fund shall be made annually by the owner or operator over the term of the initial permit (for new landfills) or over the remaining operating life of the active portion of the landfill or over the next 10 years of operation of that active portion (for existing landfills), whichever is shorter, in the case of a trust fund for closure or post- closure care, or over one-half of the estimated length of the corrective measures program in the case of corrective measures for known releases. This is referred to as the pay-in period.

(iii) For a trust fund used to demonstrate financial assurance for closure and post-closure care, the first payment into the fund shall be at least equal to the current cost estimate for closure or post-closure care, except as provided in paragraph (11) of this subdivision, divided by the number of years in the pay-in period as defined in subparagraph (ii) of this paragraph. The amount of subsequent payments must be determined by the following formula:

Next Payment = (CE - CV/ Y)

Where CE is the cost estimate for closure or post-closure care (updated for inflation or other changes), CV is the current value of the trust fund, and Y is the number of years remaining in the pay-in period.

(iv) For a trust fund used to demonstrate financial assurance for corrective measures, the first payment into the trust fund must be at least equal to one-half of the current cost estimate for corrective measures, except as provided in paragraph (11) of this subdivision, divided by the number of years in the corrective measures pay-in period as defined in subparagraph (ii) of this paragraph. The amount of subsequent payments must be determined by the following formula:

Next Payment = (RB - CV/ Y)

where RB is the most recent estimate of the required trust fund balance for corrective measures (i.e., the total costs that will be incurred during the second half of the corrective measures period), CV is the current value of the trust fund, and Y is the number of years remaining in the pay-in period.

(v) Except as provided herein, the initial payment into the trust fund must be made 60 days before the initial receipt of waste or before April 9, 1997, whichever is later, in the case of closure and post-closure care, or no later than 120 days after the corrective measures remedy has been selected in accordance with the requirements of section 360-2.20 of this Subpart. In the case of closure and post-closure for landfills requiring financial assurance under section 360-2.14(a) of this Subpart and sections 360-7.4 and 360-8.6 of this Part, the initial payment must be made 60 days prior to the initial receipt of waste (for new facilities) or permit renewal.

(vi) If the owner or operator establishes a trust fund after having used one or more alternate mechanisms specified in this section, the initial paymentinto the trust fund must be at least the amount that the fund would contain if the trust fund were established initially and annual payments made according to the specifications of this paragraph and paragraph (11) of this subdivision, as applicable.

(vii) The owner or operator, or other person authorized to conduct closure, post-closure care, or corrective measures activities may request reimbursement from the trustee for these expenditures by submitting itemized bills and supporting documentation to the department. If approved, the department will instruct the trustee to make reimbursements in those amounts the department specifies in writing. Requests for reimbursement will be granted only if sufficient funds are remaining in the trust fund to cover the remaining costs of closure, post-closure care, or corrective measures. The owner or operator must notify the department that reimbursement has been received.

(viii) The trust fund may be terminated by the owner or operator only if approved in advance by the department in writing and the owner or operator substitutes alternate financial assurance as specified in this section or if the owner or operator is no longer required to demonstrate financial responsibility in accordance with the requirements of paragraph (b)(2), (c)(2) or (d)(2) of this section.

(2) Surety bond guaranteeing payment or performance.

(i) An owner or operator may demonstrate financial assurance for closure or post-closure care by obtaining a payment or performance surety bond which conforms to the requirements of this paragraph. An owner or operator may demonstrate financial assurance for corrective measures by obtaining a performance bond which conforms to the requirements of this paragraph. Except as provided herein, the bond must be effective 60 days before the initial receipt of waste or before April 9, 1997, whichever is later, in the case of closure and post-closure care, or no later than 120 days after the corrective measures remedy has been selected in accordance with the requirements of section 360-2.20 of this Subpart. In the case of closure and post-closure care for landfills requiring financial assurance under section 360-2.14(a) of this Subpart and sections 360-7.4 and 360-8.6 of this Part, the bond must be effective 60 days prior to the initial receipt of waste (for new facilities) or permit renewal. The owner or operator must submit the bond to the department. The surety company issuing the bond must, at a minimum, be among those listed as acceptable sureties on federal bonds in Circular 570 of the U.S. Department of the Treasury (see section 360-1.3 of this Part).

(ii) The penal sum of the bond must be an amount at least equal to the current closure, post-closure care, or corrective measures cost estimate, whichever is applicable, except as provided in paragraph (11) of this subdivision.

(iii) Under the terms of the bond, the surety will become liable on the bond obligation when the owner or operator fails to perform as guaranteed by the bond, or fails to provide alternate financial assurance as specified in this section and obtain the department's written approval of the assurance provided within 90 days after receipt, by both the owner or operator and the department, of a notice of cancellation of the bond from the surety.

(iv) The owner or operator must establish a standby trust fund. The standby trust fund must meet the requirements of paragraph (1) of this subdivision except the requirements for initial payment and subsequent annual payments specified in subparagraphs (ii)-(v) of that paragraph.

(v) Payments made under the terms of the bond will be deposited by the surety directly into the standby trust fund. Payments from the trust fund must be approved in advance by the department in writing.

(vi) Under the terms of the bond, the surety may cancel the bond by sending notice of cancellation by certified mail to the owner and operator and to the department 120 days in advance of cancellation. If the surety cancels the bond, the owner or operator must obtain alternate financial assurance as specified in this section.

(vii) The owner or operator may cancel the bond only if approved in advance by the department in writing and alternate financial assurance is substituted as specified in this section or if the owner or operator is no longer required to demonstrate financial responsibility in accordance with paragraph (b)(2), (c)(2) or (d)(2) of this section.

(3) Letter of credit.

(i) An owner or operator may satisfy the requirements of this section by obtaining an irrevocable standby letter of credit that conforms to the requirements of this paragraph. Except as provided herein, the letter of credit must be effective 60 days before the initial receipt of waste or before April 9, 1997, whichever is later, in the case of closure and post- closure care, or no later than 120 days after the corrective measures remedy has been selected in accordance with the requirements of section 360-2.20 of this Subpart. In the case of closure and post-closure care for landfills requiring financial assurance under section 360-2.14(a) of this Subpart and sections 360-7.4 and 360-8.6 of this Part, the letter of credit must be effective 60 days prior to the initial receipt of waste (for new facilities) or permit renewal. The owner or operator must submit the letter of credit to the department. The issuing institution must be an entity that has the authority to issue letters of credit and whose letter-of-credit operations are regulated and examined by a Federal or State agency.

(ii) The letter of credit must be accompanied by a letter from the owner or operator referring to the letter of credit by number, issuing institution, and date, and providing the following information: name and address of the facility and the amount of funds assured must be included with the letter of credit that is submitted to the department.

(iii) The letter of credit must be irrevocable and issued for a period of at least one year in an amount at least equal to the current cost estimate for closure, post-closure care or corrective measures, whichever is applicable, except as provided in paragraph (11) of this subdivision. The letter of credit must provide that the expiration date will be automatically extended for a period of at least one year unless the issuing institution has cancelled the letter of credit by sending notice of cancellation by certified mail to the owner and operator and to the department 120 days in advance of cancellation. If the letter of credit is cancelled by the issuing institution, the owner or operator must obtain alternate financial assurance.

(iv) The owner or operator may cancel the letter of credit only if approved in advance by the department in writing and alternate financial assurance is substituted as specified in this section or if the owner or operator is released from the requirements of this section in accordance with paragraph (b)(2), (c)(2) or (d)(2) of this section.

(v) An owner or operator who uses a letter of credit to satisfy the requirements of this subdivision may also be required to establish a standby trust fund. Under the terms of the letter of credit, all amounts paid pursuant to a draft by the department will be made in accordance with instructions from the department. The standby trust fund, if required, must meet the requirements of paragraph (1) of this subdivision, except for initial payment and subsequent annual payments specified in subparagraphs (ii)-(v) of that paragraph.

(vi) Following a determination pursuant to sections 360-2.15 and 360-2.20 of this Subpart that the owner or operator has failed to perform when required to do so, the department may draw on the letter of credit.

(vii) If the owner or operator does not establish alternate financial assurance as specified in this subdivision and obtain written approval of such alternate assurance from the department within 90 days after receipt, by both the owner or operator and the department, of a notice from the issuing institution that it has decided not to extend the letter of credit beyond the current expiration date, the department will draw on the letter of credit. The department may delay the drawing if the issuing institution grants an extension of the term of credit. During the last 30 days of any such extension the department will draw on the letter of credit if theowner or operator has failed to provide alternate financial assurance as specified in this subdivision and obtain written approval of such assurance from the department.

(4) Insurance.

(i) An owner or operator may demonstrate financial assurance for closure and post-closure care by obtaining insurance which conforms to the requirements of this paragraph. Except as provided herein, the insurance must be effective 60 days before the initial receipt of waste or before April 9, 1997, whichever is later. For landfills requiring financial assurance under section 360-2.14(a) of this Subpart and sections 360-7.4 and 360-8.6 of this Part, the insurance must be effective 60 days prior to the initial receipt of waste (for new facilities) or permit renewal. At a minimum, the insurer must be authorized by the superintendent of the New York State Insurance Department to conduct the business of insurance or eligible to provide insurance as an excess or surplus lines insurer, in New York State. The owner or operator must submit the certificate of insurance and a copy of the insurance policy to the department.

(ii) The closure or post-closure care insurance policy must guarantee that funds will be available to close the landfill whenever final closure occurs or to provide post-closure care for the landfill whenever the post-closure care period begins, whichever is applicable. The policy must also guarantee that once closure or post-closure care begins, the insurer will be responsible for the paying out of funds to the owner or operator or other person authorized to conduct closure or post-closure care upon the direction of the department, up to an amount equal to the face amount of the policy.

(iii) The insurance policy must be issued for a face amount at least equal to the current cost estimate for closure or post-closure care, whichever is applicable, except as provided in paragraph (11) of this subdivision. Face amount means the total amount the insurer is obligated to pay under the policy. Actual payments by the insurer will not change the face amount, although the insurer's future liability will be lowered by the amount of the payments.

(iv) An owner or operator, or any other person authorized to conduct closure or post-closure care, may receive reimbursements for closure or post-closure expenditures, whichever is applicable. Requests for reimbursement must be approved in advance by the department in writing and will be granted only if the remaining value of the policy is sufficient to cover the remaining costs of closure or post-closure care, and if justification and documentation of the cost is submitted to the department. The owner or operator must notify the department that reimbursement has been received.

(v) Each policy must contain a provision allowing assignment of the policy to a successor owner or operator. Such assignment may be conditional upon consent of the insurer, provided that such consent is not unreasonably refused.

(vi) The insurance policy must provide that the insurer may not cancel, terminate or fail to renew the policy except for failure to pay the premium. The automatic renewal of the policy must, at a minimum, provide the insured with the option of renewal at the face amount of the expiring policy. If there is a failure to pay the premium, the insurer may cancel the policy by sending notice of cancellation by certified mail to the owner and operator and to the department 120 days in advance of cancellation. If the insurer cancels the policy, the owner or operator must obtain alternate financial assurance as specified in this section.

(vii) For insurance policies providing coverage for post-closure care, commencing on the date that liability to make payments pursuant to the policy accrues, the insurer will thereafter annually increase the face amount of the policy. Such increase must be equivalent to the face amount of the policy, less any payments made, multiplied by an amount equivalent to 85 percent of the most recent investment rate or of the equivalent coupon-issue yield announced by the U.S. Department of the Treasury for 26-week treasury securities.

(viii) The owner or operator may cancel the insurance policy only if approved in advance by the department in writing and alternate financial assurance is substituted as specified in this section or if the owner or operator, is no longer required to demonstrate financial responsibility in accordance with the requirements of paragraph (b)(2), (c)(2) or (d)(2) of this section.

(5) Corporate financial test. (Reserved)

(6) Local government financial test. (Reserved)

(7) Corporate guarantee. (Reserved)

(8) Local government guarantee. (Reserved)

(9) State-approved mechanism. An owner or operator may satisfy the requirements of this section by obtaining any other mechanism that meets the criteria specified in paragraph (12) of this subdivision, and that is approved in advance by the department in writing.

(i) A capital reserve fund or a solid waste management facility reserve fund established and funded pursuant to General Municipal Law meets these criteria provided the pay-in period is consistent with paragraph (1) of this subdivision.

(ii) The financial test and corporate guarantee for closure under section 373-2.8(d)(5) meets these criteria, provided the substantive requirements of section 373-2.8(d)(5) of this Title are met. No revenue oriented facilities will be allowed to use this financial assurance mechanism.

(10) State assumption of responsibility. If the department either assumes legal responsibility for an owner or operator's compliance with the closure, post-closure care and/or corrective measures requirements of this Part, or assures that the funds will be available from State sources to cover the requirements, the owner or operator will be in compliance with the requirements of this subdivision. Any State assumption of responsibility must meet the criteria specified in paragraph (12) of this subdivision.

(11) Use of multiple financial mechanisms. An owner or operator may satisfy the requirements of this subdivision by establishing more than one financial mechanism per facility. The mechanisms must be as specified in paragraphs (1)-(10) of this subdivision, except that it is the combination of mechanisms, rather than the single mechanism, which must provide financial assurance for an amount at least equal to the current cost estimate for closure, post-closure care or corrective measures, whichever is applicable. The financial test and a guarantee provided by a corporate parent, sibling, or grandparent may not be combined if the financial statements of the two firms are consolidated. Use of a mechanism for financial assurance of both closure and post-closure care may be acceptable if approved in advance by the department in writing. The amount of funds available through the mechanism must be no less than the sum of funds that would be available if a separate mechanism had been established and maintained for financial assurance of closure and post-closure care.

(12) The language of the mechanisms listed in paragraphs (1)-(11) of this subdivision must ensure that the instruments satisfy the following criteria:

(i) The financial assurance mechanisms must ensure that the amount of funds assured is sufficient to cover the costs of closure, post-closure care, and corrective measures for known releases when needed.

(ii) The financial assurance mechanisms must ensure that funds will be available in a timely fashion when needed.

(iii) Except as provided herein, the financial assurance mechanisms must be obtained by the owner or operator by April 9, 1997 or 60 days prior to the initial receipt of solid waste, whichever is later, in the case of closure and post-closure care, and no later that 120 days after the corrective measures remedy has been selected in accordance with the requirements of section 360-2.20 of this Subpart, until the owner or operator is released from the financial assurance requirements under subdivisions (b)-(d) of this section. In the case of closure and post-closure care for landfills requiring financial assurance under section 360-2.14(a) of this Subpart and sections 360-7.4 and 360-8.6 of this Part, the financial assurance mechanism must be effective 60 days prior to the initial receipt of waste (for new facilities) or permit renewal.

(iv) The financial assurance mechanisms must be legally valid, binding, and enforceable under State and Federal law.

(v) Section 373-2.8 of this Title provides additional guidance on criteria and wording of financial assurance mechanisms that the department will consider in assessing the acceptability of financial assurance mechanisms.

(vi) No revenue-oriented facility will be allowed to use the financial test or corporate guarantee for closure or post-closure care. Revenue oriented facility means any facility for which a majority of both its operating revenues and profits after tax at that facility for the prior three years and for the current and next year have been and are expected to be attributable to the landfilling of solid waste.

§360-2.20 Corrective measures report.

The owner or operator must complete a corrective measures report and implement a corrective measures program consistent with this section if any of the parameters listed in the expanded parameter list in section 360-2.11 of this Subpart are detected at a level exceeding the groundwater protection standards specified under section 360-2.11(c)(5)(iii)(f) of this Subpart. The requirements of this section do not apply to landfills that stop accepting solid waste prior to October 9, 1993, or to facilities subject to Part 375 of this Title.

(a) Corrective measures assessment.

(1) If any expanded parameters are detected at a level exceeding the groundwater protection standards specified under section 360- 2.11(c)(5)(iii)(f) of this Subpart, then the facility owner or operator must notify the department and must begin a corrective measures assessment within 90 days of the detection and complete the corrective measures assessment within a time acceptable to the department.

(2) The facility owner or operator must continue to monitor the facility in accordance with section 360-2.11(c)(5)(iii) of this Subpart.

(3) The corrective measures assessment must include a list of possible corrective measures including, but not limited to closure in accordance with section 360-2.15 of this Subpart and the effectiveness of each method. Each listed corrective measure must include, at a minimum:

(i) the corrective measure's performance, reliability and ease of implementation;

(ii) the corrective measure's potential impacts including at a minimum safety effects, cross-media effects and control of any probable residual contamination;

(iii) the time required to begin and complete each corrective measure;

(iv) the cost of each corrective measure; and

(v) identify any State and local permits or other public health or environmental requirements that may affect the corrective measure implementation.

(4) The facility owner or operator must discuss the corrective measures assessment in a public meeting and with the department before the selection of the corrective measure. A responsiveness summary which addresses comments received at the public meeting must be included with the corrective measures report submitted under subdivision (b) of this section.

(i) The public meeting shall be properly noticed.

(a) This shall include a notice in a newspaper having general circulation in the area within which the landfill is located, and a direct mailing to contiguous property owners; and

(b) The notice shall be published and mailed not less than two weeks before the meeting; and

(c) The notice shall indicate the date, time, place and purpose of the meeting, and the name and address of the landfill owner or the owner's representative.

(b) Corrective measure selection.

(1) The facility owner or operator must select a corrective measure based on the results of the corrective measures assessment conducted under subdivision (a) of this section. A corrective measures report must be submitted to the department within 14 days after completion of the proposed corrective measures assessment. The report must address the requirements of this subdivision and include the results of the corrective measures assessment, the proposed corrective measures, and a schedule for initiating and completing the corrective measures. The corrective measures report is subject to department approval.

(2) The selected corrective measure must:

(i) protect public health, safety, the environment and natural resources;

(ii) attain the groundwater protection standard established pursuant to section 360-2.11(c)(5)(iii)(f) of this Subpart;

(iii) control the sources of releases to the maximum extent practical so as to reduce or eliminate further releases of the contaminants into the environment; and

(iv) comply with other applicable State and Federal requirements.

(3) The facility owner or operator, in selecting a corrective measure, must consider the following factors:

(i) The long-term and short-term effectiveness and protectiveness of the corrective measures.

(ii) The probable success of the corrective measure including, but not limited to closure in accordance with section 360-2.15 of this Subpart, specifically considering the following:

(a) the reduction of existing risks;

(b) the potential of residual risks due to waste remaining after implementation of the corrective measure;

(c) the type and extent of long-term management required, including monitoring, operation and maintenance;

(d) short-term risks that might be posed to public health, safety, the environment and natural resources while implementing the corrective measure. This includes any potential threats to human health and the environment that may be associated with excavation, transportation, and redisposal of wastes;

(e) time until full protection is achieved;

(f) the potential adverse effects on public health, safety, the environment or natural resources resulting from exposure to remaining wastes compared to the potential of such adverse effects associated with further corrective measures;

(g) long-term reliability of the engineering and institutional controls;

(h) potential need to replace the corrective measure;

(i) the compatibility of the corrective measure with department cleanup and pollution- prevention initiatives for nonhazardous solid wastes; and

(j) the compatibility of the corrective measure with the solid waste management policy contained in ECL 27-0106.

(iii) The corrective action's effectiveness in preventing the release of additional contaminants. The probable effectiveness of the corrective measure should consider the following:

(a) the extent to which containment practices will reduce further releases; and the time period for such reduction; and

(b) the extent to which treatment technologies, including in situ treatment technologies, may be used.

(iv) The ease or difficulty of implementing a potential corrective measure, specifically considering the following:

(a) the difficulty of the construction;

(b) operational reliability of the technologies;

(c) need to coordinate with and obtain necessary approvals and permits from other agencies;

(d) availability of necessary equipment and specialists; and

(e) available capacity and location of needed treatment, storage, and disposal services.

(v) The technical and economic resources of the facility owner or operator or available to the facility owner or operator.

(vi) The degree to which community concerns are addressed by a potential corrective measure.

(4) Within 90 days after the selection of a department approved corrective measure, the facility owner or operator must complete and submit to the department an approvable corrective measures work plan, which must include an implementation schedule, for all corrective activities. The work plan must be revised and resubmitted in accordance with the department's comments within 30 days. The owner or operator must consider the following factors in determining the schedule of corrective activities:

(i) the extent and nature of contamination and level of adverse impact that it poses for public health, safety, the environment or natural resources;

(ii) the objectives of the corrective measure and the practical capabilities of corrective technologies in remediating contamination and leading to compliance with the groundwater protection standards specified in this section;

(iii) availability of treatment or disposal capacity for wastes managed during implementation of the corrective measure;

(iv) desirability of using technologies that are not currently available, but which may offer significant advantages over already available technologies in terms of effectiveness, reliability, safety, or ability to achieve corrective objectives;

(v) potential risks to public health, safety, the environment or natural resources resulting from exposure to contamination prior to completion of the corrective measure;

(vi) resource value of the contaminated aquifer, including:

(a) whether the aquifer is a primary or principal aquifer or within a public water supply stabilized cone of depression area or within a regulated wetlands, floodplain or other applicable prohibited or restricted siting area as defined in this Part;

(b) current and future uses;

(c) withdrawal rate of users;

(d) groundwater quantity and quality;

(e) potential damage to wildlife, crops, vegetation, and physical structures caused by exposure to the waste constituent;

(f) hydrogeologic characteristics of the facility and surrounding land;

(g) groundwater removal and treatment costs; and

(h) cost and availability of alternative water supplies;

(vii) practical capability of the facility owner or operator;

(viii) an evaluation of any interim measures necessary to ensure the protection of human health and the environment. The interim measures should be consistent with the objectives of and contribute to the performance of any corrective measure that may be required under subdivision (b) of this section. The interim measures evaluation must be submitted to the department to determine if interim measures are needed. An interim measures evaluation must consider the following factors:

(a) time required to develop and implement a final corrective measure;

(b) actual or potential exposure of contaminants to nearby populations or environmental receptors;

(c) actual or potential contamination of drinking water supplies, primary or principal aquifers, or sensitive ecosystems or environments;

(d) further degradation of the groundwater that may occur if a corrective measure is not initiated expeditiously, including but not limited to direction and rate of contaminant movement in the groundwater flow system;

(e) weather conditions that may cause contaminants to migrate or be released or otherwise aid in their transmission;

(f) risks of fire or explosion, or potential for exposure to contaminants as a result of an accident or failure of a container or handling system; and

(g) other situations that may pose threats to human health and the environment;

(ix) other relevant factors.

(5) The department may determine that the proposed corrective measure for a contaminant parameter is not necessary if the facility owner or operator demonstrates to the satisfaction of the department that:

(i) the groundwater is additionally contaminated by substances that have originated from a source other than the landfill and that those substances are present in concentrations such that cleanup of the landfill would provide no significant reduction in risk to public health, or safety, the environment or natural resources; or

(ii) the groundwater is not currently or reasonably expected to be a source of drinking water; and

(a) is not within the critical stratigraphic section or hydraulically connected with waters to which the contaminants are migrating or are likely to migrate in a concentration that would exceed the groundwater protection standards specified in this section;

(b) the remediation of the release is technically impractical; or

(c) the remediation results in unacceptable cross-media impacts.

(6) A determination by the department under paragraph (5) of this subdivision does not affect the authority of the department to require the facility owner or operator to undertake source control measures or other measures that may be necessary to eliminate or minimize further contamination of groundwater or to mitigate the groundwater to concentrations that are technically practical and significantly reduce threats to human health or the environment, nor does it diminish the department's authority to seek civil or criminal penalties or other damages or relief as part of an enforcement action under State or Federal law.

(c) Corrective measure implementation.

(1) Once the corrective measure work plan is approved by the department the facility owner or operator must:

(i) establish and implement a corrective measure groundwater monitoring program, approved in advance by the department, that:

(a) meets the requirements of section 360-2.11(c)(5)(iii) of this Subpart and any additional condition imposed by the department as part of a permit, administrative order, or court order;

(b) indicates the effectiveness of the corrective measure;

(c) complies with the groundwater protection standard specified in this section; and

(ii) implement the corrective measure selected under subdivision (b) of this section in accordance with the terms, conditions and schedule set forth in an approved corrective measures work plan; and

(iii) take any interim measures necessary to protect public health, safety, the environment and to ensure the protection of natural resources.

(2) The department may determine that compliance with paragraph (b)(2) of this section is not being achieved through the selected corrective measure. In these cases, the department may require the facility owner or operator to implement other methods or techniques that could practically achieve compliance with paragraph (b)(2) of this section, unless the department makes a determination under paragraph (3) of this subdivision.

(3) If the facility owner or operator determines that they cannot practically achieve the requirements of paragraph (b)(2) of this section with any currently available methods, then the owner or operator must:

(i) submit a justification for the department's approval, which indicates that the requirements under paragraph (b)(2) of this section cannot be practically achieved with any currently available methods;

(ii) implement alternate measures acceptable to the department, to control exposure to humans, wildlife, the environment or other receptors to residual contamination;

(iii) implement any technically practical measures acceptable to the department, for control of the sources of contamination, or for removal or decontamination of equipment, units, devices, or structures that are consistent with the overall objective of the corrective measure; and

(iv) notify the department that the report justifying the alternative measures has been placed in the operating record. The department must be notified within 14 days prior to implementing the alternative measures.

(4) All solid wastes that are managed according to a corrective measure required under this section must be managed in a manner that:

(i) protects public health, safety or welfare, the environment or natural resources; and

(ii) complies with applicable State and Federal requirements and this Part.

(5) Corrective measures selected according to subdivision (b) of this section are considered complete when:

(i) The facility owner or operator complies, to the satisfaction of the department, with the groundwater protection standards specified in this section at all points within the plume of contamination that lie beyond the groundwater monitoring wells system established pursuant to section 360- 2.11(c) of this Subpart.

(ii) The facility owner or operator complies with the groundwater protection standards specified in this section. This is demonstrated when concentrations of contaminants required to be measured have not exceeded the groundwater protection standard for three consecutive years using the procedures and performance standards in the environmental monitoring plan under section 360-2.11(c)(5)(i)(d) of this Subpart. The department may specify an alternative length of time during which the facility owner or operator must demonstrate that concentrations of baseline and expanded parameters have not exceeded the groundwater protection standard(s) taking into consideration:

(a) extent and concentration of the release;

(b) behavior characteristics of the contaminants in the groundwater;

(c) accuracy of monitoring or modeling techniques, including any seasonal, meteorological, or other environmental variabilities that may affect the accuracy; and

(d) characteristics of the groundwater.

(iii) All actions required to complete the corrective measure have been satisfied.

(6) The facility owner or operator must notify the department within 14 days that the corrective measure has been completed according to the requirements of paragraph (5) of this subdivision. The certification must be signed by the facility owner or operator and be approved by the department.

(7) When, upon completion of the certification, the department determines that the corrective measure has been completed in accordance with the requirements under paragraph (5) of this subdivision, then the facility owner or operator shall be released from the requirements for financial assurance for corrective measure under section 360-2.19 of this Subpart.