Ala. Admin. Code r. 335-13-5-.08

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

Section 335-13-5-.08 - Vertical Expansion

(1)Applicability. Existing MSWLF units may continue to operate past October 8, 1993, or the effective date of §258.1 of 40 CFR 258, Solid Waste Disposal Criteria, whichever is later, provided that an adequate application request is submitted and approval is granted by the Department.

(2)Application Requests. A vertical expansion application request must be submitted to the Department. The application, at a minimum, shall include the following:

(a) An assessment of the existing groundwater data and groundwater monitoring system. The assessment shall include:

1. Submittals of past groundwater data and conclusions as to whether or not the groundwater has been impacted by the landfill.

2. Monitoring well data such as: well logs, total well depth, screen depth, depth to water level, indication/documentation of upgradient or downgradient well location, numbering sequence, etc. and conclusions as to whether or not the groundwater monitoring system is adequate.

(b) A plat or engineering drawing, designating the active footprint; i.e., area where waste has previously been disposed and has not reached final closure elevations. Areas that have the final closure cap in place will not be considered active areas.

(3)Approval Criteria. In determining whether to approve or deny the vertical expansion request, the Department shall consider the following criteria:

(a) If the groundwater analysis indicates no significant impact to the groundwater, the MSWLF will be allowed to fill vertically over the active footprint, according to the approved plans, until final closure elevations are reached, provided the active footprint is over a lined area with a leachate collection system. If the approved active footprint is over an unlined area, the MSWLF may not expand vertically past October 8, 1997.

(b) If the groundwater analysis indicates an increase over the background data (initial sampling data), and no sampling data has exceeded primary drinking water standards, unlined MSWLFs will be allowed to expand vertically until October 8, 1995 and MSWLFs operating over liners and leachate collection systems may operate according to the approved plans until final closure elevations are reached.

(c) If the groundwater analysis indicates an increase over the background data and exceeds the primary drinking water standards, the MSWLF must perform a groundwater assessment. After Departmental review of the groundwater assessment, a remediation plan (if required) must be submitted to and approved by the Department prior to October 9, 1993, or the effective date of §258.1 of 40 CFR 258, Solid Waste Disposal Criteria, whichever is later. If a remediation plan is approved by ADEM and implemented by the MSWLF unit, the facility may expand vertically until October 8, 1995.

(d) The active footprint shall be determined by the Department.

Ala. Admin. Code r. 335-13-5-.08

New Rule: Filed September 28, 1993; effective November 2, 1993. Amended: Filed June 21, 1996; effective July 26, 1996.

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

Authors: Russell A. Kelly, S. Scott Story

Statutory Authority:Code of Ala. 1975, §§ 22-22A-5, 22-2 7-4, 22-27-7.