Ala. Admin. Code r. 335-13-15-.05

Current through Register Vol. 43, No. 1, October 31, 2024

Section 335-13-15-.05 - Operating Criteria

(1) Air criteria.

(a) The owner or operator of a CCR landfill, CCR surface impoundment, or any lateral expansion of a CCR unit must adopt measures that will effectively minimize CCR from becoming airborne at the facility, including CCR fugitive dust originating from CCR units, roads, and other CCR management and material handling activities.

(b) CCR fugitive dust control plan. The owner or operator of the CCR unit must prepare and operate in accordance with a CCR fugitive dust control plan as specified in 335-13-15-.05(1)(b)1. through 7. This requirement applies in addition to, not in place of, any applicable standards under the Occupational Safety and Health Act.

1. The CCR fugitive dust control plan must identify and describe the CCR fugitive dust control measures the owner or operator will use to minimize CCR from becoming airborne at the facility. The owner or operator must select, and include in the CCR fugitive dust control plan, the CCR fugitive dust control measures that are most appropriate for site conditions, along with an explanation of how the measures selected are applicable and appropriate for site conditions. Examples of control measures that may be appropriate include: locating CCR inside an enclosure or partial enclosure; operating a water spray or fogging system; reducing fall distances at material drop points; using wind barriers, compaction, or vegetative covers; establishing and enforcing reduced vehicle speed limits; paving and sweeping roads; covering trucks transporting CCR; reducing or halting operations during high wind events; or applying a daily cover.

2. If the owner or operator operates a CCR landfill or any lateral expansion of a CCR landfill, the CCR fugitive dust control plan must include procedures to emplace CCR as conditioned CCR. Conditioned CCR means wetting CCR with water to a moisture content that will prevent wind dispersal, but will not result in free liquids. In lieu of water, CCR conditioning may be accomplished with an appropriate chemical dust suppression agent.

3. The CCR fugitive dust control plan must include procedures to log citizen complaints received by the owner or operator involving CCR fugitive dust events at the facility.

4. The CCR fugitive dust control plan must include a description of the procedures the owner or operator will follow to periodically assess the effectiveness of the control plan.

5. The owner or operator of a CCR unit must prepare an initial CCR fugitive dust control plan for the facility no later than October 19, 2015, or by initial receipt of CCR in any CCR unit at the facility if the owner or operator becomes subject to this chapter after October 19, 2015. The owner or operator has completed the initial CCR fugitive dust control plan when the plan has been placed in the facility's operating record as required by 335-13-15-.08(1)(g)1.

6. Amendment of the plan. The owner or operator of a CCR unit subject to the requirements of this section may amend the written CCR fugitive dust control plan at any time provided the revised plan is placed in the facility's operating record as required by 335-13-15-.08(1)(g)1. The owner or operator must amend the written plan whenever there is a change in conditions that would substantially affect the written plan in effect, such as the construction and operation of a new CCR unit.

7. The owner or operator must obtain a certification from a qualified professional engineer that the initial CCR fugitive dust control plan, or any subsequent amendment of it, meets the requirements of this section. The CCR fugitive dust control plan, as well as the certification from a qualified professional engineer must be submitted to the Department for approval.

(c) Annual CCR fugitive dust control report. The owner or operator of a CCR unit must prepare an annual CCR fugitive dust control report that includes a description of the actions taken by the owner or operator to control CCR fugitive dust, a record of all citizen complaints, and a summary of any corrective measures taken. The initial annual report must be completed no later than 14 months after placing the initial CCR fugitive dust control plan in the facility's operating record. The deadline for completing a subsequent report is one year after the date of completing the previous report. The owner or operator has completed the annual CCR fugitive dust control report when the report has been submitted to the Department and placed in the facility's operating record as required by 335-13-15-.08(1)(g)2.

(d) The owner or operator of the CCR unit must comply with the recordkeeping requirements specified in 335-13-15-.08(1)(g), the notification requirements specified in 335-13-15-.08(2)(g), and the internet requirements specified in 335-13-15-.08(3)(g).

(2) Run-on and run-off controls for CCR landfills.

(a) The owner or operator of an existing or new CCR landfill or any lateral expansion of a CCR landfill must design, construct, operate, and maintain:

1. A run-on control system to prevent flow onto the active and/or closed portion of the CCR unit during the peak discharge from a 24-hour, 25-year storm; and

2. A run-off control system from the active and/or closed portion of the CCR unit to collect and control at least the water volume resulting from a 24-hour, 25-year storm.

(b) Run-off from the active and/or closed portion of the CCR unit must be handled in accordance with the surface water requirements under 335-13-15-.01(2)(b)4.(i) and (ii).

(c) Run-on and run-off control system plan.

1. Content of the plan. The owner or operator must prepare initial and periodic run-on and run-off control system plans for the CCR unit according to the timeframes specified in 335-13-15-.05(2)(c)3. and 4. These plans must document how the run-on and run-off control systems have been designed and constructed to meet the applicable requirements of this section. Each plan must be supported by appropriate engineering calculations. The owner or operator has completed the initial run-on and run-off control system plan when the plan has been placed in the facility's operating record as required by 335-13-15-.08(1)(g)3.

2. Amendment of the plan. The owner or operator may amend the written run-on and run-off control system plan at any time provided the revised plan is placed in the facility's operating record as required by 335-13-15-.08(1)(g)3. The owner or operator must amend the written run-on and run-off control system plan whenever there is a change in conditions that would substantially affect the written plan in effect.

3. Timeframes for preparing the initial plan.

(i) Existing CCR landfills. The owner or operator of the CCR unit must prepare the initial run-on and run-off control system plan no later than October 17, 2016.

(ii) New CCR landfills and any lateral expansion of a CCR landfill. The owner or operator must prepare the initial run-on and run-off control system plan no later than the date of initial receipt of CCR in the CCR unit.

4. Frequency for revising the plan. The owner or operator of the CCR unit must prepare periodic run-on and run-off control system plans required by 335-13-15-.05(2)(c)1. every five years. The date of completing the initial plan is the basis for establishing the deadline to complete the first subsequent plan. The owner or operator may complete any required plan prior to the required deadline provided the owner or operator places the completed plan into the facility's operating record within a reasonable amount of time. In all cases, the deadline for completing a subsequent plan is based on the date of completing the previous plan. The owner or operator has completed a periodic run-on and run-off control system plan when the plan has been placed in the facility's operating record as required by 335-13-15-.08(1)(g)3.

5. The owner or operator must obtain a certification from a qualified professional engineer stating that the initial and periodic run-on and run-off control system plans meet the requirements of this section. The run-on and run-off control system plans, as well as the certification from a qualified professional engineer, must be submitted to the Department for approval.

(3) Hydrologic and hydraulic capacity requirements for CCR surface impoundments.

(a) The owner or operator of an existing or new CCR surface impoundment or any lateral expansion of a CCR surface impoundment must design, construct, operate, and maintain an inflow design flood control system as specified in 335-13-15-.05(3)(a)1. and 2.

1. The inflow design flood control system must adequately manage flow into the CCR unit during and following the peak discharge of the inflow design flood specified in 335-13-15-.05(3)(a)3.

2. The inflow design flood control system must adequately manage flow from the CCR unit to collect and control the peak discharge resulting from the inflow design flood specified in 335-13-15-.05(3)(a)3.

3. The inflow design flood is:

(i) For a high hazard potential CCR surface impoundment, as determined under 335-13-15-.04(4)(a)2. or 335-13-15-.04(5)(a)2., the probable maximum flood;

(ii) For a significant hazard potential CCR surface impoundment, as determined under 335-13-15-.04(4)(a)2. or 335-13-15-.04(5)(a)2., the 1,000-year flood;

(iii) For a low hazard potential CCR surface impoundment, as determined under 335-13-15-.04(4)(a)2. or 335-13-15-.04(5)(a)2., the 100-year flood; or

(iv) For an incised CCR surface impoundment, the 25-year flood.

(b) Discharge from the CCR unit must be handled in accordance with the surface water requirements under 335-13-15-.01(2)(b)4.(i) and (ii).

(c) Inflow design flood control system plan.

1. Content of the plan. The owner or operator must prepare initial and periodic inflow design flood control system plans for the CCR unit according to the timeframes specified in 335-13-15-.05(3)(c)3. and 4. These plans must document how the inflow design flood control system has been designed and constructed to meet the requirements of this section. Each plan must be supported by appropriate engineering calculations. The owner or operator of the CCR unit has completed the inflow design flood control system plan when the plan has been placed in the facility's operating record as required by 335-13-15-.08(1)(g)4.

2. Amendment of the plan. The owner or operator of the CCR unit may amend the written inflow design flood control system plan at any time provided the revised plan is placed in the facility's operating record as required by 335-13-15-.08(1)(g)4. The owner or operator must amend the written inflow design flood control system plan whenever there is a change in conditions that would substantially affect the written plan in effect.

3. Timeframes for preparing the initial plan.

(i) Existing CCR surface impoundments. The owner or operator of the CCR unit must prepare the initial inflow design flood control system plan no later than October 17, 2016.

(ii) New CCR surface impoundments and any lateral expansion of a CCR surface impoundment. The owner or operator must prepare the initial inflow design flood control system plan no later than the date of initial receipt of CCR in the CCR unit.

4. Frequency for revising the plan. The owner or operator must prepare periodic inflow design flood control system plans required by 335-13-15-.05(3)(c)1. every five years. The date of completing the initial plan is the basis for establishing the deadline to complete the first periodic plan. The owner or operator may complete any required plan prior to the required deadline provided the owner or operator places the completed plan into the facility's operating record within a reasonable amount of time. In all cases, the deadline for completing a subsequent plan is based on the date of completing the previous plan. The owner or operator has completed an inflow design flood control system plan when the plan has been placed in the facility's operating record as required by 335-13-15-.08(1)(g)4.

5. The owner or operator must obtain a certification from a qualified professional engineer stating that the initial and periodic inflow design flood control system plans meet the requirements of this section.

(4) Inspection requirements for CCR surface impoundments.

(a) Inspections by a qualified person.

1. All CCR surface impoundments and any lateral expansion of a CCR surface impoundment must be examined by a qualified person as follows:

(i) At intervals not exceeding seven days, inspect for any appearances of actual or potential structural weakness and other conditions which are disrupting or have the potential to disrupt the operation or safety of the CCR unit;

(ii) At intervals not exceeding seven days, inspect the discharge of all outlets of hydraulic structures which pass underneath the base of the surface impoundment or through the dike of the CCR unit for abnormal discoloration, flow or discharge of debris or sediment; and

(iii) At intervals not exceeding 30 days, monitor all CCR unit instrumentation.

(iv) The results of the inspection by a qualified person must be recorded in the facility's operating record as required by 335-13-15-.08(1)(g)5.

2. Timeframes for inspections by a qualified person.

(i) Existing CCR surface impoundments. The owner or operator of the CCR unit must initiate the inspections required under 335-13-15-.05(4)(a) no later than October 19, 2015.

(ii) New CCR surface impoundments and any lateral expansion of a CCR surface impoundment. The owner or operator of the CCR unit must initiate the inspections required under 335-13-15-.05(4)(a) upon initial receipt of CCR by the CCR unit.

(b) Annual inspections by a qualified professional engineer.

1. If the existing or new CCR surface impoundment or any lateral expansion of the CCR surface impoundment is subject to the periodic structural stability assessment requirements under 335-13-15-.04(4)(d) or 335-13-15-.04(5)(d), the CCR unit must additionally be inspected on a periodic basis by a qualified professional engineer to ensure that the design, construction, operation, and maintenance of the CCR unit is consistent with recognized and generally accepted good engineering standards. The inspection must, at a minimum, include:

(i) A review of available information regarding the status and condition of the CCR unit, including, but not limited to, files available in the operating record (e.g., CCR unit design and construction information required by 335-13-15-.04(4)(c)1. and 335-13-15-.04(5)(c)1., previous periodic structural stability assessments required under 335-13-15-.04(4)(d) and 335-13-15-.04(5)(d), the results of inspections by a qualified person, and results of previous annual inspections);

(ii) A visual inspection of the CCR unit to identify signs of distress or malfunction of the CCR unit and appurtenant structures; and

(iii) A visual inspection of any hydraulic structures underlying the base of the CCR unit or passing through the dike of the CCR unit for structural integrity and continued safe and reliable operation.

2. Inspection report. The qualified professional engineer must prepare a report following each inspection that addresses the following:

(i) Any changes in geometry of the impounding structure since the previous annual inspection;

(ii) The location and type of existing instrumentation and the maximum recorded readings of each instrument since the previous annual inspection;

(iii) The approximate minimum, maximum, and present depth and elevation of the impounded water and CCR since the previous annual inspection;

(iv) The storage capacity of the impounding structure at the time of the inspection;

(v) The approximate volume of the impounded water and CCR at the time of the inspection;

(vi) Any appearances of an actual or potential structural weakness of the CCR unit, in addition to any existing conditions that are disrupting or have the potential to disrupt the operation and safety of the CCR unit and appurtenant structures; and

(vii) Any other change(s) which may have affected the stability or operation of the impounding structure since the previous annual inspection.

3. Timeframes for conducting the initial inspection.

(i) Existing CCR surface impoundments. The owner or operator of the CCR unit must complete the initial inspection required by 335-13-15-.05(4)(b)1. and 2. no later than January 19, 2016.

(ii) New CCR surface impoundments and any lateral expansion of a CCR surface impoundment. The owner or operator of the CCR unit must complete the initial annual inspection required by 335-13-15-.05(4)(b)1. and 2. no later than 14 months following the date of initial receipt of CCR in the CCR unit.

4. Frequency of inspections.

(i) Except as provided for in 335-13-15-.05(4)(b)4.(ii), the owner or operator of the CCR unit must conduct the inspection required by 335-13-15-.05(4)(b)1. and 2. on an annual basis. The date of completing the initial inspection report is the basis for establishing the deadline to complete the first subsequent inspection. Any required inspection may be conducted prior to the required deadline provided the owner or operator places the completed inspection report into the facility's operating record within a reasonable amount of time. In all cases, the deadline for completing subsequent inspection reports is based on the date of completing the previous inspection report. The owner or operator has completed an inspection when the inspection report has been placed in the facility's operating record as required by 335-13-15-.08(1)(g)6.

(ii) In any calendar year in which both the periodic inspection by a qualified professional engineer and the quinquennial (occurring every five years) structural stability assessment by a qualified professional engineer required by 335-13-15-.04(4)(d) and 335-13-15-.04(5)(d) are required to be completed, the annual inspection is not required, provided the structural stability assessment is completed during the calendar year. If the annual inspection is not conducted in a year as provided by this paragraph, the deadline for completing the next annual inspection is one year from the date of completing the quinquennial structural stability assessment.

5. If a deficiency or release is identified during an inspection, the owner or operator must remedy the deficiency or release as soon as feasible and prepare a report detailing the corrective measures taken. This report must be submitted to the Department for review and approval.

(c) The owner or operator of the CCR unit must comply with the recordkeeping requirements specified in 335-13-15-.08(1)(g), the notification requirements specified in 335-13-15-.08(2)(g), and the internet requirements specified in 335-13-15-.08(3)(g).

(5) Inspection requirements for CCR landfills.

(a) Inspections by a qualified person.

1. All CCR landfills and any lateral expansion of a CCR landfill must be examined by a qualified person as follows:

(ii) The results of the inspection by a qualified person must be recorded in the facility's operating record as required by 335-13-15-.08(1)(g)8.

2. Timeframes for inspections by a qualified person.

(i) Existing CCR landfills. The owner or operator of the CCR unit must initiate the inspections required under 335-13-15-.05(5)(a) no later than October 19, 2015.

(ii) New CCR landfills and any lateral expansion of a CCR landfill. The owner or operator of the CCR unit must initiate the inspections required under 335-13-15-.05(5)(a) upon initial receipt of CCR by the CCR unit.

(b) Annual inspections by a qualified professional engineer.

1. Existing and new CCR landfills and any lateral expansion of a CCR landfill must be inspected on a periodic basis by a qualified professional engineer to ensure that the design, construction, operation, and maintenance of the CCR unit is consistent with recognized and generally accepted good engineering standards. The inspection must, at a minimum, include:

(i) A review of available information regarding the status and condition of the CCR unit, including, but not limited to, files available in the operating record (e.g., the results of inspections by a qualified person, and results of previous annual inspections); and

(ii) A visual inspection of the CCR unit to identify signs of distress or malfunction of the CCR unit.

2. Inspection report. The qualified professional engineer must prepare a report following each inspection that addresses the following:

(i) Any changes in geometry of the structure since the previous annual inspection;

(ii) The approximate volume of CCR contained in the unit at the time of the inspection;

(iii) Any appearances of an actual or potential structural weakness of the CCR unit, in addition to any existing conditions that are disrupting or have the potential to disrupt the operation and safety of the CCR unit; and

(iv) Any other change(s) which may have affected the stability or operation of the CCR unit since the previous annual inspection.

3. Timeframes for conducting the initial inspection.

(i) Existing CCR landfills. The owner or operator of the CCR unit must complete the initial inspection required by 335-13-15-.05(5)(b)1. and 2. no later than January 19, 2016.

(ii) New CCR landfills and any lateral expansion of a CCR landfill. The owner or operator of the CCR unit must complete the initial annual inspection required by 335-13-15-.05(5)(b)1. and 2. no later than 14 months following the date of initial receipt of CCR in the CCR unit.

4. Frequency of inspections. The owner or operator of the CCR unit must conduct the inspection required by 335-13-15-.05(5)(b)1. and 2. on an annual basis. The date of completing the initial inspection report is the basis for establishing the deadline to complete the first subsequent inspection. Any required inspection may be conducted prior to the required deadline provided the owner or operator places the completed inspection report into the facility's operating record within a reasonable amount of time. In all cases, the deadline for completing subsequent inspection reports is based on the date of completing the previous inspection report. The owner or operator has completed an inspection when the inspection report has been placed in the facility's operating record as required by 335-13-15-.08(1)(g)9.

(6) General operational standards for CCR units.

(a) The operation and use of the CCR unit shall be as stipulated in the approved plans and the permit.

(b) The disposal area shall be identified with a sufficient number of permanent markers which are at least visible from one marker to the next.

(c) Open Burning.

1. Open burning at any CCR unit is prohibited unless approved by the Department as follows:

(i) Clearing debris at the CCR unit such as trees and stumps may be burned if prior approval is received from the Department and the Alabama Forestry Commission.

(ii) If approved, burning shall not occur within 200 feet of existing disposal operations unless otherwise specified by the Department and such burning shall not cause a public nuisance or pose a threat to public health.

2. The person or agency requesting permission to burn shall apply in writing to the Department, outlining why a burn request should be granted. This request should include, but not be limited to, specifically what areas will be utilized, types of waste to be burned, the projected starting and completion dates for the project, and the projected days and hours of operation.

(d) Adequate equipment shall be provided to ensure continued operation in accordance with the permit and regulations.

(e) The owner or operator of the facility must control public access and prevent unauthorized vehicular traffic and illegal dumping of wastes by using artificial barriers, natural barriers, or both, as appropriate to protect human health and the environment.

(f) Adequate personnel shall be provided to ensure continued and smooth operation of the facility.

(g) Provisions shall be made for disposal activities in adverse weather conditions.

(h) Environmental monitoring and treatment structures shall be clearly marked and identified, protected and maintained in good repair and shall be easily accessible.

(i) All CCR material to be disposed shall be properly measured or weighed prior to disposal unless otherwise approved by the Department. The average daily volume of waste received at a CCR unit shall be calculated by dividing the total month's receipts by the total number of days in the reporting month. Records shall be maintained on the average daily volume of waste received at the CCR unit. A quarterly report which summarizes the daily volumes, with volumes received reported in a format specified and approved by the Department, shall be submitted to the Department and maintained on file in the operating record of the facility by the permittee.

(j) The CCR unit shall be operated in such a manner that there will be no water pollution or unauthorized discharge.

1. Any discharge resulting from a CCR unit or practice may require:

(i) A National Pollutant Discharge Elimination System (NPDES) permit under the Alabama Water Pollution Control Act as issued by the Department.

(ii) A dredge or fill permit from the Army Corps of Engineers as required under Section 404 of the Clean Water Act, as amended; or

(iii) That a non-point source of surface waters does not violate an area wide or statewide water quality management plan that has been approved under the Alabama Water Pollution Control Act.

2. The groundwater shall not be contaminated as specified by this chapter.

(k) Notwithstanding this rule, additional requirements for operating and maintaining a CCR unit may be imposed by the Department, as deemed necessary, to comply with this Division.

(7) General operational standards for CCR landfills.

In addition the requirements of 335-13-15-.05(6), the following also apply to CCR landfills:

(a) Daily, weekly, or some other periodic cover shall be required at all CCR landfill units, as determined by the Department.

1. The suitability and volume of any soils for daily, intermediate and final cover requirements shall be determined by soil borings and analysis.

2. Any proposal to use alternative cover systems shall be submitted to and approved by the Department prior to implementation.

3. Alternative cover shall be approved by the Department in compliance with federal law and the USEPA rules of guidance to achieve a level of performance equal to or greater than earthen cover material.

(b) All waste shall be covered as follows:

1. A minimum of six inches of compacted earth or other alternative cover material shown to achieve a level of performance equal to or greater than earthen cover material and that is approved by the Department shall be added at the conclusion of each week's operation or as otherwise specified by the Department.

2. In the event that erosion develops on previously covered disposal areas, or when covered waste otherwise becomes exposed, cover must be re-applied to comply with the minimum cover requirements of subparagraph (7)(b)1. of this section.

3. Final closure shall be carried out in accordance with 335-13-15-.07.

(c) All waste shall be thoroughly spread in layers two feet or less in thickness and thoroughly compacted weekly with adequate equipment prior to placing additional layers of waste or placing the weekly cover as specified in 335-13-15-.05(7)(b)1., unless otherwise approved by the Department. Waste which cannot be managed by equipment in this manner shall be managed in a manner approved by the Department.

(d) All waste shall be placed onto an appropriate slope not to exceed 4 to 1 (25%) or as approved by the Department.

(e) The owner or operator of a CCR landfill unit must prevent the disposal of free liquids in the CCR landfill.

Ala. Admin. Code r. 335-13-15-.05

Amended by Alabama Administrative Monthly Volume XXXVI, Issue No. 07, April 30, 2018, eff. 6/8/2018.

Amended by Alabama Administrative Monthly Volume XXXIX, Issue No. 03, December 31, 2020, eff. 2/14/2021.

Amended by Alabama Administrative Monthly Volume XL, Issue No. 01, October 29, 2021, eff. 12/13/2021.

Authors: Eric L. Sanderson, Heather M. Jones

Statutory Authority:Code of Ala. 1975, §§ 22-22A-5, 22-27-3, 22-27-7.