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Industrial Landfill Guidance Industrial Landfill Guidance June 2009 MPCA contributors Neal Wilson, Solid Waste Hydrogeologist, Principal Document Author Brett Ballavance, Solid Waste Permit Engineer Johnna Benke, Financial Assurance Coordinator Jim Chiles, Policy Coordinator Nathan Cooley, Rules Coordinator Robert Criswell, Solid Waste Permit Engineer Theresa Gaffey, Formatting Editor Kris Hulsebus, Compliance and Enforcement Julie Henderson, Solid Waste Permit Engineer Gary Pulford, Solid Waste Program Manager David Richfield, Policy/Rules Supervisor Mark Rust, Solid Waste Permitting Supervisor Mark Rys, Solid Waste Hydrogeologist Ainars Silis, Land Permits Supervisor Susanne Spitzer, Planner Lisa Thorvig, Municipal Division Director Michael Tibbets, Industrial Section Manager Richard Thul, Process Facilitator Stakeholder list The MPCA thanks the representatives from the following stakeholders for their participation in developing this guidance. Jim Adrian, Grinning Bear Demolition Landfill Marc Hugunin, Friends of Washington County Jim Aiken, BARR Terry Johnson, Waste Management, Incorporated Bill Bangsund, BARR Michael Lynn, Dakota County, Environmental Christopher Basgall, Veolia Environmental Management Department Gary Bruns, Washington County Terry Muller, Dakota County Manny Castillo, Xcel Energy John R. McCain, McCain and Associates, Inc. John Domke, SKB Environmental Ryan O’Gara, SKB Environmental Chuck Donkers, Xcel Energy Daniel Peña, Minnesota Department of Health Fred J. Doran, R.W. Beck Jim Eidem, BARR Kevin Pylka, Polymet Mining/Mining Minnesota Jeffrey Ellerd, Veolia Environmental Jo Spear, J. Spear, Associates Dave Engstrom, Minnesota Association of Small Mark St. Lawrence, St. Louis County Environmental Cities Services Department Jan Falteisek, Minnesota Dept. Natural Resources Bob Tipping, Minnesota Geological Survey, John M. Friel, BARR University of Minnesota Mike Fullerton, SKB Environmental Contact Information For more information on industrial landfills, the first point of contact should be: Minnesota Pollution Control Agency, 520 Lafayette Road, St. Paul, MN 55155-4194; 651-296-6300, 800-657-3864; TTY: 651-282-5332. June 2009 Cover: Synthetic liner material being placed at an ash landfill in Southern Minnesota. w-sw5-20 Industrial Landfill Guidance Manual Table of Contents I. Introduction ................................................................................................................................. 3 A. Background 3 B. Purpose 3 C. Scope 3 D. Risk-based approach to landfill siting, operation, and design 4 E. Beneficial use 4 II. Facility Classification and Landfill Types ................................................................................. 4 A. Facility classification 4 B. Types of industrial landfills 5 III. Landfill Siting Standards............................................................................................................ 5 A. Groundwater sensitivity and landfill siting 5 B. Industrial landfill siting rules 5 C. Other siting rules applied by policy 6 IV. Industrial Solid Waste Management Plans ............................................................................... 6 A. Purpose 6 B. Waste characterization 6 C. Waste acceptance 8 V. Hydrogeologic Requirements for Industrial Landfills............................................................ 10 VI. Engineered Controls................................................................................................................. 10 A. Liner systems 11 B. Leachate management systems 12 C. Liner leak detection systems 13 D. Caps/cover systems 13 E. Gas management systems 13 F. Construction quality assurance/quality control (QA/QC) 13 VII. Other Permits ............................................................................................................................ 13 VIII.Operational Practices............................................................................................................... 14 A. Operations Manual 14 B. Monitoring 14 IX. Financial Assurance ................................................................................................................. 15 A. Introduction to financial assurance B. Financial assurance mechanism C. Closure requirements D. Post-closure requirements E. Financial assurance contingency actions F. Administration of financial assurance X. Post-closure Care ..................................................................................................................... 17 XI. Summary and Conclusions…………………………………………………………………………….…..18 Appendices...................................................................................................................................... 19 Appendix A: Table of suggested references 18 Appendix B: Industrial Landfill Guidance Implementation Plan 19 Appendix C: Minnesota Statute Section 116.07, Subdivision 4 20 Appendix D: Selected Analytical Parameters, Method Numbers and Reporting Limits, and Comparison of Total Constituent Analysis Instead of TCLP Analysis 21 Appendix E: Hydrogeologic Evaluation Completeness Checklists for Solid Waste Land Disposal Facilities from the Minnesota Pollution Control Agency, August 1991 28 Appendix F:Table of Acronyms 47 Industrial Landfill Guidance 2 I. Introduction A. Background During its 2008 session, the Minnesota Legislature directed the Minnesota Pollution Control Agency (MPCA) to facilitate a work group to report to the Legislature on the management of construction and demolition (C&D) and industrial wastes. The Construction and Demolition and Industrial Solid Waste Landfill Work Group (Work Group) submitted its Report to Minnesota Legislature on Management of Industrial Solid Waste and Construction and Demolition Debris in Land Disposal Facilities (report) to the Legislature on January 15, 2009. Appendix A provides a link to this document, and to other useful industrial landfill guidance documents. As described in the report, “The Work Group feels the current mix of statutes, rules, and policies with respect to industrial landfills are disjointed. The MPCA should develop a comprehensive risk-based policy addressing industrial waste management. Such a policy would ensure that regulations pertaining to the permitting and design of facilities accepting industrial waste will be clear, easily identifiable, and—most importantly— environmentally protective.” B. Purpose The Work Group recommended that the MPCA develop an industrial landfill guidance document (guidance) that sets forth a comprehensive risk-based approach to industrial waste management. The report also suggested clarification on post-closure care regulations, and established regulations for terminating post-closure care obligations for all landfills, including C&D and industrial landfills. Based on these recommendations, the MPCA formed a Landfill Advisory Group (LAG) to work on these issues, and to develop an industrial landfill guidance. The purpose of this guidance is to provide improved consistency and predictability in how the MPCA, counties, facility owners, and facility operators manage industrial landfills under the existing solid waste management rules. This guidance will be applied to all new and existing industrial landfills in accordance with the implementation plan included in Appendix B. C. Scope Facilities accepting a wide variety of industrial waste from outside customers (i.e., merchant industrial landfills, mixed municipal solid waste [MSW] landfills, and Class III demolition landfills) are not covered by the guidance until a separate stakeholder process highlighting mixed industrial waste is completed. MPCA anticipates this process will begin after the statutorily required rulemaking on landfill siting and financial assurance (FA) is complete. The reason these landfills are not covered by this guidance document is that these three types of facilities all compete for mixed industrial wastes, and if this guidance is only applied to merchant industrial landfills this could create an unintended economic advantage for the MSW landfills and Class III demolition landfills. The proposed separate stakeholder process will attempt to honor relevant recommendations, including those made by the LAG and the Work Group. The process will invite participation from representatives from merchant industrial landfills, MSW landfills, demolition landfills accepting industrial wastes, local governments, waste haulers, and environmental groups. When that dialogue and the rule processes are completed, the MPCA will revise this June 2009 edition of the guidance. Industrial Landfill Guidance 3 D. Risk-based approach to landfill siting, operation, and design The report recommended that permitting and regulation of industrial landfills should be based around three key factors (i.e., “the three legged-stool” for landfill siting): • Hydrogeologic setting • Waste types accepted (using a risk-based evaluation of waste toxicity characteristics) • Engineered controls (e.g., landfill liners and caps) Development and subsequent integration of these interrelated criteria is currently underway. One of the three factors, hydrogeologic setting (i.e. hydrogeologic sensitivity) needs to go through the rule-making process before specific applications to the other two factors can be integrated more fully into the landfill siting process. E. Beneficial use Minn. Stat. § 115A.02 describes a hierarchy for various solid waste management practices. To the extent practicable, solid waste is to be managed as high on the hierarchy as possible. The waste
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