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United States Solid EPA/530-SW-91-089 and Emergency Response March 1993 Agency (OS-305) Criteria for Solid Waste Disposal Facilities A Guide for Owners/Operators I

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To make more EPAs continuing mission is to minimize effective, federal, state, tribal, and local the from . The criteria governments are adopting an integrated described in this booklet are an approach to waste management. This important part of this effort. They strategic approach involves a mix of establish minimum national standards three waste management techniques: 1) for design, operation, and decreasing the amount and/or toxicity management that will enhance landfill of waste that must be disposed of by safety and boost public confidence in producing less waste to begin with landfills as a component of a workable (); 2) increasing integrated waste management system. of materials such as , glass, , , and aluminum, thus recovering these materials rather than discarding them; and 3) providing safer disposal capacity by improving the design and management of incinerators and landfills.

Source reduction and recycling will keep a lot of waste out of municipal Owners/operators landfills, but we still need landfills. The must set up a challenge is to make them safe in order system to ensure to protect our communities and our that hazardous are kept out of municipal landfills. ...environment-and that requires a strong partnership of federal, state, and tribal governments; ; and citizens. his booklet summarizes the provisions of the U.S. Environmental Protection Agency’s (EPA's) Landfill (MSWLF) T Criteria. It discusses the major requirements of these regulations, who is required to comply and when, how the rule will be implemented and enforced, and where to obtain more information. States and Indian tribes are expected to adopt these federal standards and implement the regulations through their own permit programs. This booklet highlights the increased flexibility given to states and tribes that develop EPA-approved programs.

This booklet provides only an overview of the federal regulations. Readers affected by them should refer to the actual regulations, which are published in Volume 40 of the Code of Federal Regulations, Part 258 (see the Federal Register, October 9,1991, 56FR50978). The Agency encourages landfill owners/operators to work with their respective state or tribal authorities, since state and tribal programs may. have different . . requirements.

Although written primarily for owners/operators of municipal solid waste landfills, this booklet also will be useful for others, including state and tribal govern- ment officials, who are responsible for implementing the regulations.

Introduction

he problems caused by municipal solid waste landfills have become T a source of public concern in recent years. As Americans have become more aware of the potential threat to and the environment from toxic substances, they also have become more concerned about the generation and management of solid waste — sometimes to the point of refusing to allow new landfills near their homes. Americans are generating more municipal solid waste each year, but available landfill space is declining. In 1990, Americans generated over 195 million tons of municipal solid waste, and the annual amount is expected to increase to more than 220 million tons by 2000. 3

The Purpose of These restrictions, operating and design criteria, and requirements for Regulations and post- care. The regulations also require ground-water monitoring to detect any releases of contaminants from istorically, landfills have been landfills. Corrective action and financial associated with some assurance provisions ensure immediate H significant problems, including and effective responses to such releases. ground-water contamination, which partly explains the public’s resistance to new facilities.

Ground-water contamination. Nearly Some Definitions Under half the country’s draws its drinking water from and other the Regulations ground-water bodies. Ground water also is used extensively for agricultural, Municipal solid waste landfill (MSWLF): A discrete area industrial, and recreational purposes. of land or an excavation that receives household waste, Landfills can contribute to the and that is not a land application unit, surface contamination of this valuable impoundment, injection , or waste pile, as those terms if they are not designed to prevent waste are defined in the law. (Household waste includes any releases into ground water or detect solid waste, including , trash, and them when they occur. Cleaning up waste derived from houses, apartments, hotels, motels, contaminated ground water is a long campgrounds, and picnic grounds.) An MSWLF unit also and costly process and in some cases may receive other types of wastes as defined under may not be totally successful. Affected Subtitle D of the Resource Conservation and Recovery Act communities often bear both the (RCRA), such as commercial solid waste, nonhazardous cleanup costs and the expense of , small quantity generator waste, and industrial providing other sources of potable solid waste. Such a landfill maybe publicly or privately water. By adopting a philosophy of owned. An MSWLF unit can be a new unit, an existing prevention, the regulations’ improved unit, or a lateral expansion (see definitions below). design standards will protect ground water. Existing unit: A municipal solid waste landfill unit that is receiving solid waste as of October 9,1993. Waste Difficulties in landfill siting. The placement in existing units must be consistent with past problem of managing the increased operating practices or modified practices to ensure good volume of municipal solid waste is management. compounded by rising public resistance to siting new landfills. The regulations Lateral expansion: A horizontal expansion of the waste are designed to ensure that new or boundaries of an existing unit; does not include expansion expanded landfills do not contaminate in the vertical dimension. ground water and thus become community burdens. As a result, they New unit: Any municipal solid waste landfill unit that has protect the intrinsic value of ground not received waste prior to October 9,1993. water and can help avert the associated with landfills that can drive Small landfill: A landfill serving a community that down values. disposes of less than 20 tons of municipal solid waste per day, averaged yearly. Specific prevention measures written into the regulations include location 4

EPA has carefully considered the need only comply with the impacts of the regulations on local requirements for-final cover (see page governments. Where possible, EPA has 16). Landfills that stopped accepting written the regulations to allow waste before October 9, 1991, do not flexibility in both the technical need to comply with these regulations. requirements and their implementation. For example, the regulations provide The regulations apply to landfills that relief from the more costly requirements accept household waste, which means for certain small landfills. Moreover, any solid waste (including garbage, states and tribes with EPA-approved trash, and sanitary waste in septic tanks) landfill permitting programs are given derived from households (including the opportunity to provide considerable single and multiple residences, hotels flexibility in applying all major and motels, bunkhouses, ranger components of the landfill criteria, so stations, crew quarters, campgrounds, that site-specific conditions can be picnic grounds, and day-use recreation considered in such areas as design and areas). They do not apply to units ground-water monitoring. (including landfills, surface impoundments, waste piles, and land application units) that accept only Who Is Covered? industrial nonhazardous waste (e.g., construction/demolition landfills). (owners/operators of these units would he regulations apply to owners/ be required to comply with the operators of all municipal solid provisions of 40 CFR Part 257.) T waste landfills that receive waste ills receiving waste on or after Octpber 9, 1993, must comply with the regulations. on or after October 9, 1993. Landfills As mentioned, owners/operators of that stop accepting waste between certain small landfills may be eligible October 9,1991, and October 9,1993, for exemption from the regulations governing design, ground-water monitoring, and corrective action. See the section entitled “Exemptions for Small Landfills,” page 5.

When Do the Requirements Apply?

he requirements concerning location restrictions, design criteria T (new and lateral expansion units only), operating criteria, and closure/post- closure care are effective October 9, 1993. Ground-water monitoring and corrective action requirements are effective three, four, or five years after October 9,1991, depending on a unit’s proximity to drinking water intakes (see sidebar, page 15). The financial assurance requirements are effective April 9,1994. 5

These dates reflect the requirements of this potential flexibility, which extends the federal MSWLF criteria. Contact to all parts of the regulations (see , your state or tribal authority to deter- page 6). mine specific state/tribal effective dates. Implementation in states/tribes without approved programs Implementation EPA expects that although most states will be approved by the effective date of of the Regulations: the rule, some simply may not apply. In Federal, State, Tribal, these cases, owners/operators are required to implement the federal and Owner/Operator regulations. Each owner/operator must document compliance and supply this Responsibilities documentation to the state or tribe on request. Owners/operators must Implementation by approved comply with state/tribal requirements. states and Indian tribes Citizen roles States and tribes are entitled to develop While state, tribal, and local their own permitting programs governments are responsible for incorporating the federal landfill criteria ensuring compliance with their waste to ensure that owners/operators are programs, private citizens play an complying. States and tribes also may important role, too. Individuals can establish requirements that are more help ensure that facilities comply with stringent than those set by the federal state or tribal rules and regulations government. EPA's role is to review through such activities as participating and approve these programs. in any public meetings regarding landfill siting and permit issuance, and EPA is developing the State/Tribal working closely with their responsible Implementation Rule, which will state, tribal, and local officials. Citizens delineate the requirements for receiving also have the right to sue landfill EPA approval. For permit programs to owners/operators who are not in be considered adequate, a state or tribe compliance with the federal regulations. must have the capability of issuing permits or some other form of prior approval, and must establish conditions requiring owners/operators to comply Exemptions for Small with the landfill regulations. A state or tribe must also be able to ensure Landfills compliance through monitoring and enforcement actions and must provide proximately 6,000 municipal for public participation. landfills are potentially subject A to the criteria. Quite a few — By securing approval for its program, a nearly 50 percent — are defined as state or tribe has the opportunity for “small” landfills, meaning they receive more flexibility and discretion in an average of no more than 20 tons of implementing the criteria according to municipal solid waste per day (figured local needs and conditions. Owners/ annually). These landfills generally operators located in a jurisdiction with serve communities of fewer than 10,000 an approved program may benefit from people. I

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The landfill design, ground-water landfill is located in an area that monitoring, and corrective action receives less than 25 inches of provisions required under the criteria precipitation annually. are likely to be expensive. Small communities might be unable to spread 2) There is no evidence of ground- these costs among many users, thereby water contamination and the leading to significant increases in per- community undergoes an annual capita disposal assessments. interruption of surface transporta- tion, lasting at least three The regulations are designed to provide consecutive months, that prevents the opportunity for some relief from the access to a regional facility. This more costly requirements without exemption is less widespread since, compromising human health or the for example, it maybe more environment. An owner/operator of a applicable to certain communities small landfill may be exempted from the in rural Alaska. Some small landfills design, ground-water monitoring, and serving small corrective action requirements under These exemptions are available to communities, such two circumstances: qualifying small landfills in all states or as this one in the tribal jurisdictions, even those without dry, western United 1) There is no evidence of ground- EPA-approved permitting programs, States, may qualify water contamination, the providing the state or tribal program for exemption from community has no practical waste does not restrict the exemption. some of the management alternative, and the requirements. 8

Special (The exemptions supplement the Complying With restrictions apply flexibility in implementing the to landfills sited regulations given all communities in in floodplains, the Regulations states and tribal jurisdictions with indicated here as approved programs. See page 6.) the shaded area. he regulations describe six categories of criteria for Owners/operators qualifying for T municipal solid waste landfills: exemptions must show why they qualify and include the documenting 1) Location information in their operating records. Owners/operators are also required to 2) Operation comply with all other MSWLF 3) Design regulations, including the location, operation, closure and post-closure, and 4) Ground-water monitoring and financial assurance provisions. corrective action 5) Closure and post-closure care If the owner/operator of an exempt 6) Financial assurance facility learns of ground-water contamination at the site, the exemption Owners/operators are responsible for is no longer applicable and the owner/ reviewing the criteria to determine operator must comply with the which of the provisions apply to their requirements for design, ground-water landfill(s). (Owners/operators should monitoring, and corrective action. refer to EPA's Technical Manual for Solid I I 9

Waste Disposal Facility Criteria for details.) They should also bear in mind Location Criteria Summary that state or tribal programs might include provisions that do not mirror Location Applicability Closure the federal provisions discussed below. If Demonstration Owners/operators are therefore Cannot Be Met? encouraged to work with their state and Airport Safety N,E,L Yes tribal regulators in complying with the Floodplains N,E,L Yes regulations. Wetlands N,L No Fault Areas N,L No Location Seismic Impact N,L No There are six location restrictions that Zones apply to municipal landfills. Owners/ Unstable Areas N,E,L Yes operators must demonstrate that their units meet the criteria and keep the *(N=New,E=Existing,L=Lateral Expansion) demonstration documents in the facility operating record.

If an owner/operator cannot show If an owner/operator plans to build a compliance with the airport safety, new unit or laterally expand an existing floodplain, or unstable-area provisions, unit within 5 miles of any airport, the the unit must be closed by October 9, airport and the Federal Aviation 1996. However, states and tribes with Administration must be notified. EPA-approved programs can extend 2. Floodplains this deadline by as much as two years ThIe regulations Units located in 100-year floodplains when no alternative waste management impose special cannot restrict the flow of the 100-year requirements on capacity exists and there is no flood, reduce the temporary water landfills near airports immediate threat to human health and storage capacity of the floodplain, or to prevent the environment. allow the washout of solid waste. compromises to air traffic safety. Restricted areas include:

1. Airports The owner/operator of a municipal landfill located within 10,000 feet of the end of any airport runway used by turbojet aircraft, or within 5,000 feet of any airport runway used only by piston- type aircraft, must demonstrate that the unit does not pose a bird hazard. I

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3. Wetlands proper compensation (e.g., In general, owners/operators of new or restoring damaged wetlands or expanding municipal landfills may not creating man-made wetlands). build or expand in wetlands. However, states or tribes with EPA-approved 4. Fault areas permitting programs can make New units or lateral expansions are exceptions for units able to show: generally prohibited within 200 feet of fault areas that have shifted since the ● No siting alternative is available. last Ice Age. However, the director of an ● Construction and operation will approved state or tribal program may not (1) violate applicable state/ allow an alternative setback distance of tribal regulations on less than 200 feet if the owner/operator or toxic effluent; (2) jeopardize any can show that the unit will maintain endangered or threatened species structural integrity in the event of a fault or critical habitats; or (3) violate displacement. protection of a marine sanctuary.

● The unit will not cause or 5. Seismic impact zones When anew or laterally expanding unit Landfills may not contribute to significant be built in unstable degradation of wetlands. is located in a seismic impact zone, its areas prone to containment structures (liners, ● Steps have been taken to achieve no , mud- collection systems, surface-water control net loss of wetlands by avoiding slides, or sinkholes, systems) must be designed to resist the effects where possible, minimizing such as the one effects of ground motion due to unavoidable impacts, or making shown here. . 11

6. Unstable areas cover requirement (if local climate All owners/operators must show that conditions make such a requirement the structure of their units will not be impractical). compromised during “destabilizing events,” including: 3. Vectors The owner/operator is responsible for Debris flows resulting from heavy controlling vector . Vectors rainfall. include any rodents, flies, mosquitoes, or other animals or insects capable of ● Fast-forming sinkholes caused by transmitting disease to humans. excessive ground-water Application of cover at the end of each withdrawal. operating day generally controls vectors. ● Rockfalls set off by explosives or sonic booms. 4. Explosive The owner/operator must set up a ● The sudden liquification of the program to check for after a long period of repeated wetting and drying. emissions at least every three months. If the limits specified in the regulations are exceeded, the owner/operator must Operation immediately notify the state/tribal All owners/operators must comply director (that is, the official in the state or with the requirements for proper area responsible for implementing the management of municipal solid waste landfill criteria) and take immediate landfills. These cover a-range of steps to protect human health and the procedures, including environment. The owner/operator also must develop and implement a 1. Receipt of regulated remediation plan within 60 days. States The owner/operator must set up a and tribal jurisdictions with approved program to detect and prevent disposal programs may alter this interval. of regulated quantities of hazardous wastes and 5. Air quality (PCB) wastes. The program must Open burning of waste is not permitted include procedures for random except for infrequent burning of inspections, record keeping, training of agricultural waste, silvicultural waste, personnel to recognize hazardous and land-clearing debris, diseased trees, or PCB wastes, and notification of the debris from emergency clean-up appropriate authorities if such waste is operations. Owners/operators must discovered at the facility. comply with the applicable requirements of their State 2. Cover material Implementation Plans for meeting The owner/operator must cover federal air quality standards. disposed solid waste with at least 6 inches of earthen material at the end of 6. Access each operating day to control vectors, The owner/operator must control fires, odors; blowing , and public access to prevent illegal scavenging. An approved state or tribe dumping, unauthorized vehicular may allow an owner/operator to use an traffic, and public exposure. Artificial alternative cover material or depth, and/or natural barriers may be used to and/or grant a temporary waiver of the control access. I

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7. Storm water run-on/run-off 9. Liquids The owner/operator must build and A landfill cannot accept bulk or maintain a control system designed to noncontainerized liquid waste unless (1) prevent storm waters from running on the waste is nonseptic household waste, to the active part of the landfill. The or (2) it is leachate or gas condensate run-on control system must be able to that is recirculated to the landfill, and handle water flows as heavy as those the unit is equipped with a composite expected from the worst storm the area liner and leachate collection system as might undergo in 25 years. described below under “Design.”

The owner/operator also must build of liquid waste maybe and maintain a surface water run-off placed in the landfill only if the control system that can collect and containers: (1) are similar in size to those control, at a minimum, the surface water typically found in household waste, volume that results from a 24-hour, 25- such as cleaning, automotive, or home- year storm. Run-off waters must be improvement products (i.e., containers managed according to the requirements such as 55-gallon drums are excluded); of the Clean Water Act, particularly with (2) are designed to hold liquids for use regard to the restrictions on the other than storage; or (3) hold only discharge of into water household waste (containers collected in Owners and bodies and wetlands. routine pickups from households). operaters must 8. Surface water protection 10. Record-keeping ensure that each day‘s waste is All landfills must be operated in a way Owners/operators are required to keep covered tocontrol that ensures they do not release certain documents in or near the facility, litter and disease- pollutants that violate the Clean Water including bearing vermin. Act, which protects surface waters. ● Location restriction demonstrations.

● Procedures for excluding hazardous waste.

● Gas monitoring results.

● Leachate or gas condensate system design documentation. 13

● Ground-water monitoring and corrective action data and Maximum Contaminant Levels demonstrations. (as of October 9, 1991) ● Closure and post-closure plans. Chemical MCL (mg/1) ● Cost estimates and financial 0.05 assurance documentation. Barium 1.0 Benzene 0.005 Design Cadmium 0.01 Carbon tetrachloride 0.005 The criteria for landfill design apply Chromium (hexavalent) 0.05 only to new units and lateral 2,4-Dichlorophenoxy acetic acid 0.1 expansions. (Existing units are not 1,4-Dichlorobenzene 0.075 1,2-Dichloroethane 0.005 required to retrofit liner systems.) The 1,1-Dichloroethylene 0.007 criteria give owners/operators two basic Endrin 0.0002 design options. Fluoride 4 Lindane 0.004 First, in states and tribal areas with EPA- 0.05 approved programs, owners/operators 0.002 Methoxychlor 0.1 may build their landfills to comply with Nitrate 10 a design approved by the state/tribal Selenium 0.01 director. In approving the design, the Silver 0.05 director must ensure that it meets the Toxaphene 0.005 . EPA performance standard, i.e., that 1,1,1-Trichloromethane 0.2 0.005 Maximum Contaminant Levels (MCLs) 2,4,5-Trichlorophenoxy acetic acid 0.01 will not be exceeded in the uppermost Vinyl chloride 0.002 at a “relevant point of compliance.” This point is determined by the approved-state/tribal director, but it must be no farther than 150 meters membrane and a lower layer of soil at from the landfill unit boundary and on least 2 feet thick with a hydraulic land owned by the landfill owner. (EPA conductivity of no greater than 1 X 10-7 has already set MCLs for a number of cm/sec. The leachate collection system solid waste constituents; see table.) must be designed to keep the depth of the leachate over the liner to less than 30 In reviewing these performance-based centimeters. designs, approved states and tribes also must consider other factors, such as the The criteria also provide an option for hydrogeologic characteristics of the owners/operators in nonapproved facility and surrounding land, the local states or tribal jurisdictions to use the climate, and the amount and of performance standard (rather than the the leachate. EPA design described above), providing that both of the following conditions are The second option is a design developed met: by EPA that consists of a composite liner and a leachate collection system. In EPA does not promulgate a State/ general, landfills in states or tribal Tribal Implementation Rule by jurisdictions without EPA-approved October 9,1993. programs must use this design. The composite liner system combines an ● The state or tribe determines that upper liner of a synthetic flexible the alternative design meets the 14

performance standard in the the quality of the uppermost aquifer (1) federal criteria; the state or tribe beneath the landfill before it has passed petitions EPA to review this deter- the landfill boundary (to determine mination; and EPA does not deny background quality) and (2) at a the determination within 30 days. relevant point of compliance (down- gradient). Owners/operators should Ground-Water Monitoring consider the specific characteristics of and Corrective Action the sites when establishing their monitoring systems, but the systems This section sets criteria for ground- must be certified as adequate by a water monitoring systems, programs for qualified ground-water scientist or the sampling and analysis of ground water, director of an EPA-approved state/ and corrective action as necessary to tribal program. ensure that human health and the environment are protected. Here, as In approved states and tribal jurisdic- with the other provisions in the federal tions, an owner/operator maybe able to criteria, approved states and tribes may obtain a variance from the ground-water adopt programs with requirements that monitoring requirements if the owner/ are more stringent than the federal operator can demonstrate that the criteria. Again, owners/operators are landfill is located over a geologic encouraged to work closely with their structure that will prevent hazardous states or tribes. constituent migration to the ground water. The demonstration must show Ground-water monitoring systems that no migration of constituents from Generally, ground-water monitoring the unit will occur during the unit’s life, Performance of a must be conducted at all MSWLF units. including the closure and post-closure landfill cover must Owners/operators must install enough care period. meet certain federal ground-water monitoring in the minimum criteria. appropriate places to accurately assess 15

Detection and assessment monitoring programs States and tribes with EPA-approved ScheduIefor Implementing programs have the flexibility to design Ground-WaterMonitoring ground-water monitoring programs that are well-suited to the landfills operating An EPA-approved state or tribe can set its own in their area, and that may therefore schedule, provided at least 50 percent of all the state’s or differ from the federal program. In tribe’s units comply by October 9,1994, and all are in states/tribes without an approved compliance by October 9,1996. permit program, owners/operators must follow the federal regulations If a state or tribe has not been approved by EPA, describing detection and assessment owners/operators must comply with the following monitoring. schedule for installing ground-water monitoring systems: During detection monitoring, owners/ . If a site is less than 1 mile in any direction from a operators must take ground-water drinking water intake (whether surface or ground- samples and analyze them for specific water), by October 9,1994. constituents (as defined in the federal regulations or by the director of an ● If the site is farther than 1 mile but less than 2 approved state/tribal program). Under miles, by October 9,1995. the federal regulations, sampling and . If the site is more than 2 miles, by October 9, 1996. analysis must be conducted at least New units must install monitoring systems prior to twice a year. Approved state/tribal accepting any waste. programs may set alternative frequencies, but sampling and analysis must be done at least annually. If significant ground-water contamination is detected, owners/operators may seek federal regulations. As in detection to demonstrate that the results are due monitoring, if ground-water analysis to contamination from other sources, shows significant contamination, sampling error, or natural variation in owners/operators might be able to ground-water quality. Otherwise, make the determination that the landfill owners/operators must notify the is not the source of the contamination. If appropriate state/tribal official and the owner/operator cannot make this begin assessment monitoring. determination, then the ground water must be cleaned up (see “Corrective The purpose of assessment monitoring Action” below). In EPA-approved states is to determine the nature and extent of and tribes, it must be cleaned up to ground-water contamination. During levels specified by the state/tribal assessment monitoring, ground-water director; in nonapproved states and must be analyzed both for constituents tribes, contamination must not exceed detected initially and for other federal limits set for drinking water constituents (defined in the federal quality or background levels. criteria or by the director of an approved state/tribal program). States and tribes The federal ground-water monitoring with EPA-approved programs specify requirements are more complex and the frequency for sampling and analysis technical than described here. A conducted during assessment thorough explanation of the regulations monitoring. In nonapproved states and can be found in EPA's Technical Manual tribes, the frequency is specified in the for Solid Waste Disposal Facility Criteria. 16

Ground-water monitoring regulations in of the remedy. The owner/operator states and tribes with EPA-approved must continue corrective action until programs may differ somewhat from compliance with the clean-up standard the federal regulations. Landfill has been met for three consecutive owners/operators conducting ground- years, although the director of an water monitoring in nonapproved states approved state or tribal program may and tribes must comply with the federal specify a different period. regulations in addition to their state’s or tribe’s regulations. In all cases, the Closure and Post-Closure owner/operator is encouraged to work Care with his or her state or tribe to ensure The criteria establish specific standards compliance with all applicable for all owners/operators to follow when regulations. closing a landfill and setting up a program of monitoring and The corrective action program maintenance during the post-closure Cleaning up ground water requires period. The owner/operator must enter corrective action. The owner/operator the closure and post-closure plans into must assess corrective measures and the landfill’s operating records by select the appropriate one(s). During October 9,1993, or by the initial receipt corrective action, the owner/operator of waste, whichever is later. must continue ground-water Some owners/operators monitoring in accordance with the Owners/operators of landfills that stop may choose to install assessment monitoring program. leachate collection receiving waste between October 9, systemsr such as the one 1991, and October 9,1993, must install While evaluating potential remedies, the shown here. These final covers that meet the federal criteria owner/operator must hold a public systems are designed to within six months of the last receipt of meeting to discuss them. Once the collect any fluids that waste. Here again, owners/operators remedy has been selected, the owner/ seep down through the should work with their state or tribal landfill. The fluids can operator is responsible for carrying it program officials to ensure that all be recycled in the out. During this period, a ground-water applicable closure requirements are landfill or treated for monitoring program must be considered. disposal elsewhere. established to measure the effectiveness 17

The final cover must be designed and constructed to have a permeability less than or equal to the bottom liner system Closing a Landfill — and Beyond or natural subsoils, or a permeability no Owners/operators must follow certain greater than 1X10-5 cm/see, whichever is procedures when closing a municipal landfill, lower. Thus, the regulation is in the including the following form of a performance standard that must be achieved by the owner/ The state or tribe must be notified prior to closure. operator. A closure plan must be prepared.

The final cover must be constructed of The final cover must consist of at least 18 inches of an layer composed of a earthen material of a specified permeability, with minimum of 18 inches of earthen an erosion layer at least 6 inches thick. (An material to minimize the flow of water approved state/ tribe may allow an alternative into the closed landfill. The cover must cover design.) also contain an erosion layer to prevent An independent certified must certify that the disintegration of the cover. The closure was conducted in accordance with the erosion layer must be composed of a plan. minimum of 6 inches of earthen material capable of sustaining plant growth. The deed of property must note that the property was used as a landfill and that future use is When a landfill’s bottom liner system restricted. includes a flexible membrane or For 30 years following closure (or an alternative synthetic liner, the addition of a flexible period designated by an approved state or tribe), liner in the infiltration layer cover will owners/operators are responsible for maintaining the generally be the only design that will integrity of the final cover, continuing to monitor allow the final cover design to achieve a ground water and methane, and continuing leachate permeability less than or equal to the management. bottom liner.

The director of an approved state or tribe may approve an alternative final effective April 9, 1994. cover design that achieves an equivalent reduction in infiltration The owner/operator must demonstrate and protection from erosion as the financial responsibility for the costs of design described above. closure, post-closure care, and corrective action for known releases. This require- For 30 years after closure, the owner/ ment can be satisfied by the following operator is responsible for maintaining mechanisms: the integrity of the final cover, monitor- ing ground water and methane gas, and Trust fund with a pay-in period. continuing leachate management. Surety bond. (Approved states/tribes may vary this interval.) Letter of credit. . Financial Assurance Guarantee. All units except those owned or State assumption of responsibility. operated by state or federal govern- ment entities must comply with the Multiple mechanisms (a combina- financial assurance criteria, which are tion of those listed above). Owners/operators of landfills in Conclusion approved states or tribal jurisdictions may also use other state-approved mechanisms. he standards described in this booklet are federal minimum EPA is currently developing provisions T requirements for owners/ for four additional financial mechanisms operators of MSWLF units. Readers that owners/operators can use to satisfy should understand that the regulation of the financial assurance requirements: (1) municipal landfills is, and will continue a financial test for local government to be, primarily a state and tribal owners/operators; (2) a financial test for function. States and tribes are therefore corporate owners/operators; (3) a urged to revise their programs as soon guarantee for local governments that as possible to incorporate these criteria, wish to cover the costs of a municipal so that they can take advantage of the landfill for an owner/operator; and (4) a flexibility that accompanies program guarantee for corporations that wish to approval. cover the costs of a landfill for an Owners/operators are again reminded owner/operator. that state and tribal programs may be more stringent than the federal criteria. They should work closely with state or

...tribal program officials and their regional EPA office to address questions about the requirements. 6

Areas of Flexibility for EPA-Approved States and Tribes

States and tribes with approved permitting programs have the opportunity to provide owners/ operators additional flexibility. Some examples of this flexibility are listed below.

Approved states or tribes may:

Location: Allow siting of new and laterally Approve an alternative frequency for expanding landfills in wetlands, providing detection monitoring. certain conditions are met. Modify list of assessment monitoring Extend deadlines for closure of existing parameters (Appendix II constituents), landfills that do not comply with the Specify alternative frequencies for , unstable area, floodplain, and airport safety assessment monitoring. provisions. Establish Ground-water Protection Standards for any constituent for which a Operation: Maximum Contaminant Level has not been ● Allow use of alternative cover materials. established. Grant temporary waivers of cover requirement. Corrective action: ● Determine that cleanup of a particular Design: Appendix II constituent is not necessary. Approve landfill designs appropriate for Specify an alternative time period defining site-specific conditions. the end of corrective action.

Ground-water monitoring: Closure and post-closure care: Establish alternative schedules for existing Approve use of an alternative final cover. landfills and lateral expansions of existing landfills to comply with ground-water Grant extensions beyond specified deadline for beginning closure activities. monitoring.

Establish a site-appropriate boundary (or Grant extensions beyond specified deadline for completing closure. relevant point of compliance) for ground- water monitoring (and corrective action Reduce or increase the 30-year post-closure and design). care period.

● Allow use of a multi-unit ground-water monitoring system, instead of separate Financial assurance: monitoring systems for each unit at a Approve use of alternative financial facility. assurance mechanisms. ● Modify list of detection monitoring parameters (Appendix I constituents). 19

For More Information

or more information about specific requirements for solid waste landfills in your area, contact your state solid waste agency. If you don’t know how to Freach them, call one of the listed below. The RCRA Hotline maintains current lists of all state solid and hazardous waste management officials. While these information centers are the best place to start collecting information, it may still be useful to ask these contacts if some other source maybe able to give you additional help.

RCRA Hotline Provides information about RCRA regulations and policies, and takes document requests.

Hours: Monday-Fndayr 8:30 a.m. to 730 p.m., EST Telephone: Toll-free — (800) 424-9346 TDD (hearing impaired) — (800) 553-7672 Washington metro area — (703) 412-9810 TDD — (703) 412-3323

EPA RCRA Information Center (Docket) Maintains and tracks policy and guidance documents; provides nontechnical assistance and written reference services; develops and disseminates public information materials.

Hours Monday-Friday, 9:00 a.m. to 4:00 p.m., EST Telephone (202) 260-9327 Address: RCRA Information Center U.S. Environmental Protection Agency 401 M Street, SW. (OS-305) Washington, DC 20460

Solid Waste Assistance Program Collects and distributes information on all aspects of municipal solid waste management.

Hours: Monday-Friday, 8:30 a.m. to 5:00 p.m., EST Telephone Toll-free — (800) 677-9424 Address: Solid Waste Assistance Program P.O. Box 7219 Silver Spring, MD 20910

National Response Center Accepts reports of oil and chemical spills or any other environmental incident.

Hours: 24 hours a day, 365 days a year. Telephone: Toll-free — (800) 424-2675 Washington metro area — (202) 426-2675

EPA Small Ombudsman Helps small comply with environmental laws and EPA regulations.

Hours Monday-Friday, 8:30 a.m. to 5:00 p.m., EST Telephone Toll-free — (800) 368-5888 Washington metro area — (703) 305-5938 20

EPA Regional Contacts

U.S. EPA Region 1 U.S. EPA Region 4 U.S. EPA Region 7 U.S. EPA Region 10 Waste Management Waste Management Waste Management Hazardous Waste Division Division (HEE-CAN 6) Division Division (HW-114) JFK Federal Building (4WD-RCRA-FF) 726 Minnesota Avenue 1200 Sixth Avenue Boston, MA 02203 345 Courtland Street, NE Kansas , KS 66101 Seattle, WA 98101 (617) 573-9656 Atlanta, GA 30365 (913) 551-7666 (206) 553-2857 (404) 347-2091 U.S. EPA Region 2 U.S. EPA Region 8 Air & Waste Management U.S. EPA Region 5 Hazardous Waste Division (2AWM-SW) Waste Management Management Branch 26 Federal Plaza Division (H-7J) (HWM-WM) New , NY 10278 77 West Jackson Blvd. 999 18th Street, Suite 500 (212) 264-0002 , IL 60604 Denver, CO 80202-2466 (312) 353-4686 (303) 293-1661 U.S. EPA Region 3 RCRA Solid Waste U.S. EPA Region 6 EPA Region 9 Program (3HW53) RCRA Programs Branch Hazardous Waste 841 Chestnut Street First Interstate Bank Management Philadelphia, PA 19107 Tower Division (H-3-1) (215) 597-7936 1445 Ross Avenue, 75 Hawthorne Street Suite 1200 San Francisco, CA 94105 Dallas, TX 75202 (415) 744-2074 (214) 655-6655

U.S. GOVERNMENT OFFICE: 1993 719-116/61149 The information in this document has been funded wholly or in part by the United States Environmental Protection Agency (EPA) under assistance agreement #X820495-0l-0 to the Solid Waste Association of . It has been subjected to the Agency’s peer and administrative review and has been approved for publication as an EPA document. Mention of trade names or commercial products does not constitute endorsement or recommendation for use.