R315-303-4. Standards for Maintenance and Operation

  (1) Plan of Operation. An owner or operator of a landfill shall maintain and operate the facility to conform to the approved plan of operation.

  (2) Operating Details. An owner or operator of a landfill shall operate the facility to:

  (a) control fugitive dust generated from roads, construction, general operations, and covering the waste;

  (b) allow no open burning;

  (c) collect scattered litter as necessary to avoid a fire hazard or an aesthetic nuisance;

  (d) prohibit scavenging;

  (e) conduct reclamation of facility property in an orderly sanitary manner and in a way that does not interfere with the disposal site operation;

  (f) ensure that landfill personnel, trained in landfill operations, are on site when the site is open to the public;

  (i) at least one person on site for landfills that receive, on an average annual basis, less than 15,000 tons per year; and

  (ii) at least two persons on site, with one person at the active face, for each landfill that receives, on an average annual basis, more than 15,000 tons per year.

  (g) control insects, rodents, and other vectors; and

  (h) ensure that reserve operational equipment will be available to maintain and meet these standards.

  (3) Boundary Posts. An owner or operator of a landfill shall clearly mark the active area boundaries authorized in the permit by placing permanent posts or by using an equivalent method clearly visible for inspection purposes.

  (4) Daily and Intermediate Cover.

  (a) An owner or operator of a landfill shall, at the close of each day of operation, completely cover the waste with at least six inches of soil or an alternative daily cover as allowed in Subsections R315-303-4(4)(b) through (e).

  (b) The following are approved for use as alternative daily covers:

  (i) non-hazardous contaminated soil; and

  (ii) subject to the conditions contained in Subsection R315-303-4(4)(c):

  (A) tarps;

  (B) plastic sheets, when designed for landfill cover use;

  (C) foam products, when designed for landfill cover use;

  (D) products created from cement kiln dust, when designed for landfill cover use;

  (E) incinerator ash;

  (F) non-hazardous auto shredder residue not otherwise regulated by 40 CFR Part 761;

  (G) chipped waste tires; and

  (H) spray-on materials, when designed for landfill cover use.

  (c) The use of an approved alternative daily cover is subject to the following conditions:

  (i) the alternative daily cover may not present a threat to human health or the environment; and

  (ii) the alternative daily cover may be used only on a schedule as established by the facility owner or operator and recorded in the facility operating record.

  (iii) The facility owner or operator shall establish the schedule for use of the approved alternative cover based on the alternative cover's performance in controlling vectors, fires, odors, blowing, and scavenging. The schedule shall the following requirements:

  (A) any schedule established by the facility owner or operator must provide for the placing of six inches of soil cover at least once per week;

  (B) no approved alternative daily cover may be used on the day preceding a day the landfill will be closed;

  (C) No alternative daily cover may be used on an area of the landfill that will not be covered with waste or an intermediate cover, as required in Subsection R315-303-4(4)(g), within two days; and

  (D) The Director may require the use of six inches of soil cover upon finding that use of an alternative cover is not controlling vectors, fires, odors, blowing liter or scavenging.

  (iv) The landfill operating record must clearly document the days when an alternative cover was used and the days when soil cover was used.

  (v) The Director may revoke the use of any alternative daily cover at any landfill facility if any condition of Subsection R315-303-4(4)(c) is not met or if the alternative daily cover is determined to present a threat to human health or the environment.

  (d) Materials not listed in Subsection R315-303-4(4)(b) may be used as alternative daily cover on an infrequent basis when the material meets the requirements of Subsection R315-303-4-(4)(c) and the use is documented in the facility operating record.

  (e) Materials not listed in Subsection R315-303-4(4)(b) which a facility owner or operator wants to use on an ongoing basis must be approved by the Director. Director approval is based on the material meeting the requirements of Subsection R315-303-4(4)(c).

  (f) The Director may, on a site specific basis, waive the requirement for daily cover of the waste at a landfill that accepts no municipal waste if the owner or operator demonstrates that an alternative schedule for covering the waste does not present a threat to human health or the environment. The demonstration from the owner or operator of the landfill must include at least the following:

  (i) certification that the landfill accepts no municipal waste;

  (ii) a detailed list of the waste types accepted by the landfill;

  (iii) the alternative schedule on which the waste will be covered; and

  (iv) any other operational practices that may reduce the threat to human health or the environment if an alternative schedule for covering the waste is followed.

  (v) In granting any wavier from the daily cover requirement, the Director may place conditions on the owner or operator of the landfill as to the frequency of covering, depth of the cover, or type of material used as cover that will minimize the threat to human health or the environment.

  (vi) The Director may revoke any waiver from the daily cover requirement if any condition is not met or if the alternative schedule for covering the waste presents a threat to human health or the environment.

  (g) If an area of the working face of a landfill that accepts municipal waste will not receive waste for a period longer than 30 days, the owner or operator shall cover the area with a minimum of 12 inches of soil as an intermediate cover or an alternative intermediate cover as approved by the Director.

  (i) No alternative intermediate cover will be approved by the Director without application from the owner or operator.

  (ii) Approval for an alternative intermediate cover may be granted after:

  (A) considering the design of the landfill, waste stream accepted, and waste handling practices; and

  (B) taking into account climatic, hydrogeologic, and soil conditions of the site.

  (iii) In granting approval for an alternative intermediate cover, the Director may place conditions on the owner or operator of the landfill as to the depth or type of material used and maintenance of the integrity of the cover that will minimize the threat to human health or the environment.

  (iv) The Director may revoke the approval of an alternative intermediate cover if any condition is not met or if the use of the alternative intermediate cover is determined to present a threat to human health or the environment.

  (5) Monitoring Systems. An owner or operator of a landfill shall maintain the monitoring systems required in Subsection R315-303-3(7)(b).

  (6) Recycling Required.

  (a) An owner or operator of a landfill at which the general public delivers household solid waste shall provide containers in which the general public may place recyclable materials for which a market exists. The containers shall be placed at a location convenient to the public and shall be accessible to the public during normal hours of facility operation.

  (b) An owner or operator may demonstrate alternative means to providing an opportunity for the general public to recycle household solid waste.

  (7) Disposal of Hazardous Waste and Waste Containing PCBs.

  (a) An owner or operator of a solid waste disposal facility shall not knowingly dispose, treat, store, or otherwise handle hazardous waste or waste containing PCBs except under the following conditions:

  (i) hazardous waste:

  (A) the waste meets the conditions specified in Subsections R315-261-4; or

  (B) the waste meets the conditions specified in R315-261-5; or

  (ii) waste containing PCB's:

  (A) the facility meets the requirements specified in Subsection R315-315-7(3)(a); or

  (B) the waste meets the requirements specified in Subsections R315-315-7(2) or (3)(b).

  (b) An owner or operator of a solid waste disposal facility shall include and implement, as part of the plan of operation, a plan that will inspect loads or take other steps, as approved by the Director, that will prevent the disposal of prohibited hazardous waste and prohibited waste containing PCBs, including:

  (i) inspection frequency and inspection of loads suspected of containing prohibited hazardous waste or prohibited waste containing PCBs;

  (ii) inspection in a designated area or at a designated point in the disposal process;

  (iii) a training program for the facility employees in identification of prohibited hazardous waste and prohibited waste containing PCBs; and

  (iv) maintaining written records of all inspections, signed by the inspector.

  (c) If the receipt of prohibited hazardous waste or prohibited waste containing PCBs is discovered, the owner or operator of the facility shall:

  (i) notify the Director, the hauler, and the generator within 24 hours;

  (ii) restrict the inspection area from public access and from facility personnel; and

  (iii) assure proper cleanup, transport, and disposal of the waste.