Idaho Admin. Code r. 58.01.06.012

Current through September 2, 2024

Section 58.01.06.012 - APPLICABLE REQUIREMENTS FOR TIER II FACILITIES

The owner and operator of a Tier II facility shall establish compliance with the requirements of Section 012 by obtaining Department approval of the applications required in Subsection 012.02 before beginning construction and Subsection 012.04 prior to accepting waste. The owner and operator of a Tier II facility shall meet the requirements of Subsection 012.05 prior to facility closure.

01.General Siting Requirements. The owner and operator of a Tier II facility shall comply with the following siting requirements:

a. Flood Plain Restriction. A facility shall not be located within a one hundred (100) year flood plain if the facility will restrict the flow of the one hundred (100) year flood, reduce the temporary water storage capacity of the flood plain, or result in a washout of solid waste so as to pose a hazard to human health and the environment.

b. Endangered or Threatened Species Restriction. The facility shall not cause or contribute to the taking of any endangered or threatened species of plants, fish, or wildlife or result in the destruction or adverse modification of the critical habitat of endangered or threatened species as identified in 50 CFR Part 17.

c. Surface Water Restriction. The active portion of a facility shall be located such that the facility shall not cause contamination of surface waters, unless such surface waters are an integral part of the non-municipal solid waste management facility's operation for storm water and/or leachate management.

d. Park, Scenic or Natural Use Restriction. The active portion of a facility shall not be located closer than one thousand (1,000) feet from the boundary of any state or national park, or land reserved or withdrawn for scenic or natural use including, but not limited to, wild and scenic areas, national monuments, wilderness areas, historic sites, recreation areas, preserves and scenic trails.

e. Variance from Siting Requirement. An owner or operator of a facility that cannot meet the siting requirements of Section 012 may apply for a variance from the Department. The Department shall approve a written request for a variance provided the owner and operator demonstrate to the Department that the variance is at least as protective of public health and the environment as the siting requirements in Section 012.

02.Siting Application. Documentation shall be submitted to the Department demonstrating compliance with the siting requirements and restrictions specified in Subsection 012.01 within the time frames specified in Section 012. If the documentation has been certified by a qualified professional, the Director shall approve the siting application unless the Director finds the evidence supports a contrary opinion. A map indicating the following shall also be submitted to the Department as part of a Siting Application:

a. Highways, roads, and adjacent communities;

b. Property boundaries;

c. Total acreage of the site;

d. Off-site and on-site access roads and service roads;

e. Type(s) of land use adjacent to the facility and a description of all facilities on the site;

f. All water courses, ponds, lakes, reservoirs, canals, irrigation systems, and existing water supplies, within one-quarter (1/4) mile of the proposed facility property lines;

g. High tension power line rights-of-way, fuel transmission pipeline rights-of-way, and proposed and existing utilities;

h. Proposed or existing fencing;

i. Proposed and existing structures at the facility and within five hundred (500) feet of the facility boundary. This shall include location of employee buildings, and scales (if provided); and

j. Direction of prevailing winds.

03.General Operating Requirements. The owner and operator of a Tier II facility shall comply with the following operating requirements:

a. Prohibited Activities. The following activities are prohibited:

i. Disposal in a landfill of regulated waste from any business that provides health care, support to health care businesses, or medical diagnostic services that has not been decontaminated. "Regulated waste" and "decontaminated" for the purpose of Section 012 have the same meaning as defined at 29 CFR 1910.1030;

ii. Speculative accumulation, unless otherwise approved in an operating plan; and

iii. Disposal of radioactive waste except in a facility regulated pursuant to Section 39-4405(9), Idaho Code, and rules adopted thereunder or a facility regulated under the authority of The Atomic Energy Act of 1954, as amended.

b. Signs. Facilities open to the general public shall clearly post visible and legible signs at each entrance to the facility specifying, at a minimum, the name of the facility, the hours of operation, the waste accepted at the facility and an emergency phone number.

c. Waste Types. Only the solid waste types listed in the approved operating plan may be accepted for disposal or processing.

d. Waste Monitoring and Measurement. Provisions shall be made for monitoring or measuring all solid waste delivered to a facility. The waste monitoring program shall include:

i. A daily written log listing the types and quantities of wastes received;

ii. A plan for monitoring and handling receipt of unauthorized wastes;

iii. Routine characterization of the wastes received; and

iv. Other measures included in an approved Operating Plan.

e. Communication. Communication devices shall be available or reasonably accessible at the site.

f. Fire Prevention and Control. Adequate provisions shall be made for controlling or managing fires at the site.

g. Facility Access. Unauthorized vehicles and persons shall be prohibited access to the facility. A facility open to the public shall accept waste only when an attendant is on duty. The facility shall be fenced or otherwise blocked to access when an attendant is not on duty.

h. Scavenging and Salvaging. Scavenging by the public at a facility is prohibited; however, salvaging may be conducted in accordance with a written operations plan and only by the owner, operator or an authorized agent.

i. Nuisance Control. The owner and operator shall control nuisances, including but not limited to:

i. Disease or Discomfort. Operations at any facility shall not provide sustenance to rodents or insects that cause human disease or discomfort;

ii. Vector. Vector control procedures shall prevent or control vectors that may cause health hazards or nuisances;

iii. Odor. The facility shall be operated to control malodorous gases; and

iv. Litter. Effective measures shall be taken to minimize the loss of debris from the facility. Debris blown from or within the facility shall be collected and properly disposed to prevent objectionable accumulations.

j. Bird Hazards to Aircraft. No facility may handle putrescible wastes in such a manner that may attract birds and increase the likelihood of bird/aircraft collisions. Facilities that are located within ten thousand (10,000) feet of any airport runway used by turbojet aircraft, or within five thousand (5,000) feet of any airport used by only piston-type aircraft shall operate the facility in such a manner that birds are not a hazard to aircraft.

k. Open Burning and Fires. Open burning is prohibited at facilities except as authorized by Section 061.

l. Storm Water Run-On/Run-Off Controls. The operating plan shall include sufficient storm water management provisions, which may incorporate a NPDES storm water pollution prevention plan, to prevent contamination of surface and ground water and prevent the spread and impact of contamination beyond the boundary of the facility.

m. Variance Request. An owner and operator of a facility may submit to the Department a written variance request for a variance from the operating requirements listed in Section 012. The Department shall approve a written request for a variance provided the owner and operator demonstrate to the Department that the variance is at least as protective of human health and the environment as the requirements listed in Section 012.

04.Operating Plan. The owner and operator of a Tier II facility shall submit to the Department an Operating Plan containing that information required by Subsection 012.03, within the time frames stated in Section 012. An Operating Plan shall include a description of the wastes to be accepted, the methods for maintaining compliance with each of the applicable general operating requirements of Subsection 012.03, and complies with any applicable facility specific requirements found in Subsections 012.09 through 012.11.

05.Closure Requirement. The owner and operator of a Tier II facility shall comply with the following closure and post-closure care requirements:

a. Public Notice. For a facility open to the public the owner and operator shall provide public notice of the facility's closure by publishing a notice in the local newspaper and posting signs at the facility's entrance. This notice shall be published and the signs posted;

i. At least thirty (30) days and no more than ninety (90) days prior to the date of last receipt of waste for a facility that has reached disposal capacity; or

ii. If the facility has remaining capacity and there is a reasonable likelihood that the facility will receive additional waste, a notice shall be published and signs posted at least thirty (30) days and no more than ninety (90) days prior to closure.

b. Facility Closure. Unless the Department establishes an alternate closure time period, the owner and operator shall close the facility within six (6) months of the Department's approval of the Closure Plan. The facility shall be closed in accordance with the approved Closure Plan.

c. Clean Site/Access Control. The owner and operator shall close the facility by managing or removing all solid waste to prevent impact to human health or the environment and installing a gate or other device to prevent public access after the last receipt of waste; and

d. Drainage and Erosion Control. The owner and operator shall install appropriate measures to control erosion and install appropriate measures to control the run-on and runoff from a twenty-five (25) year, twenty-four (24) hour storm event and to provide for the diversion of other surface waters from the closed facility.

e. Closure Plan Certification. Within thirty (30) days of closure, the owner and operator shall notify the Department in writing that the facility was closed in accordance with the approved Closure Plan. If closure of the facility is different from the approved Closure Plan, the owner and operator shall submit for Department review and approval documents, such as "as-built" plans, showing the final conditions of the facility.

06.Closure Plan Application. Except as specified in Subsection 012.10, the owner and operator of a Tier II facility shall submit to the Department a Closure Plan Application containing the following information no later than ninety (90) days before the date on which the facility receives the known final receipt of wastes or, if the facility has remaining capacity and there is a reasonable likelihood that the facility will receive additional wastes, no later than one (1) year after the most recent receipt of wastes:

a. A complete and accurate legal description of the facility;

b. A map of the facility, showing pertinent facility features, including:

i. Facility boundaries, drainage patterns, location of fill areas, and location of access control measures;

ii. All water courses, ponds, lakes, reservoirs, canals, irrigation systems, and existing water supplies, within one-quarter (1/4) mile of the facility boundary;

iii. Location of disposal trenches and description of waste disposed; and

iv. Proposed final contours of the closed facility, drawn to a reasonable scale with five (5) foot intervals for the operational area, and ten (10) foot intervals for the remainder of the facility;

c. Estimated date of last receipt of waste;

d. A description of how public access to the closed facility will be controlled;

e. Estimated total cubic yards, or tons, of waste in place;

f. Total acreage of the facility and acres containing waste;

g. Closure equipment and procedures to be used;

h. Texture, depth and permeability of final cover material;

i. Design and construction plan for any necessary final cover;

j. Placement, design, and management of run-on and run-off storm water controls;

k. Types of vegetation and planting procedures to be used for establishing vegetative cover;

l. Other closure information the Department determines is necessary to protect human health and the environment.

07.Documentation Requirements. The owner and operator of a Tier II facility shall maintain on site a copy of each Department-approved Application and Plan required by Section 012.

08.Modification Application. The owner and operator shall submit to the Department for review and approval a Modification Application describing any proposed modification. The owner and operator of a Tier II facility shall not implement the modification prior to Department approval. If a proposed modification alters the classification of a facility, the owner and operator shall comply with the application content, review and approval requirements for the new classification.

09.Tier II Processing Facilities. In addition to the requirements in Subsections 012.01 through 012.08, the owner and operator of a Tier II processing facility shall also comply with the following requirements:

a. Siting Requirements:

i. Ground Water. The active portion of a facility shall be located, designed and constructed such that the facility shall not cause contamination to a drinking water source or cause contamination of the ground water.

ii. Geologic Restrictions. No facility may be located on land that would threaten the integrity of the design.

iii. Property Line Restriction. The active portion of a facility shall not be located closer than one hundred (100) feet to the property line.

b. Siting Application. The owner and operator shall provide in the Siting Application documentation that demonstrates compliance with the siting requirements specified in Subsection 012.01 and 012.09.a.

c. Operating Requirements:

i. Odor Management Plan. The owner and operator of a Tier II processing facility shall implement a Department approved Odor Management Plan designed to minimize malodorous gases. An Odor Management Plan shall include specific operating criteria for oxygen, moisture and temperature levels appropriate for the wastes to be processed and processing technologies to be employed, methods used to maintain the specific operating criteria and a monitoring strategy that includes the frequency and parameters for monitoring the specific operating criteria.

ii. Documentation requirement. The owner and operator of a processing facility shall maintain documentation of compliance with Section 012, including an operational log of the methods used to maintain the operating criteria and sampling results.

d. Operating Plan. The operating plan required in Subsection 012.04 shall identify methods used for maintaining compliance with each applicable operating requirement of Subsection 012.03 and Subsection 012.09.c.

10.Tier II Incinerators, VSQG Management Facility and Transfer Stations. In addition to the requirements in Subsections 012.01 through 012.04 and Subsections 012.07 and 012.08, the owner and operator of a Tier II incinerator, VSQG management facility or transfer station shall comply with the following requirements:

a. Design Requirements. The owner and operator shall comply with the following design requirements:

i. A tipping floor design constructed of impermeable and durable material and designed to contain, collect, and convey any liquids to a storage or leachate management system; and

ii. A leachate storage or management system.

b. Design Application. The following information shall be submitted to the Department in a Design Application:

i. A description of the tipping floor design;

ii. A description of the storage or leachate management system design;

iii. Building and construction design blueprints;

iv. A map illustrating a storm water run-on/run-off system designed to prevent contamination of surface and ground water, and prevent the spread and impact of contamination beyond the boundary of the facility; and

v. Operational design and capacity information including a description of the waste types and projected daily and annual waste volumes.

c. Operating Requirements. The owner and operator of a Tier II facility shall comply with the following operating requirements:

i. Implement cleaning procedures and waste residency times to maintain sanitary conditions on the surface of the tipping floor; and

ii. Implement and operate a leachate storage or management system.

d. Closure Requirement. The owner and operator of a Tier II facility shall comply with the following closure and post-closure care requirements:

i. Public Notice. For a facility open to the public the owner and operator shall provide public notice of the facility's closure by publishing a notice in the local newspaper and posting signs at the facility's entrance. This notice shall be published and the signs posted at least thirty (30) days prior to closure;

ii. Facility Closure. The owner and operator shall close the facility by removing all solid waste to prevent impact to human health or the environment and installing a gate or other device to prevent public access after the last receipt of waste;

iii. Closure Time Period. Unless the Department establishes an alternate closure time period, the owner and operator shall close the facility within two (2) months of the Department's approval of the Closure Plan. The facility shall be closed in accordance with the approved Closure Plan; and

iv. Closure Plan Certification. Within thirty (30) days of closure, the owner and operator shall notify the Department in writing that the facility was closed in accordance with the approved Closure Plan. If closure of the facility is different from the approved Closure Plan, the owner and operator shall submit for Department review and approval documents, such as "as-built" plans, showing the final conditions of the facility.

e. Closure Plan Application. The owner and operator shall submit to the Department a Closure Plan Application containing the following information no later than ninety (90) days before the date on which the facility receives the known final receipt of wastes:

i. A complete and accurate legal description of the facility;

ii. A map of the facility, showing pertinent facility features, including facility boundaries, drainage patterns, and location of access control measures;

iii. Estimated date of last receipt of waste;

iv. A description of how public access to the closed facility will be controlled;

v. Closure equipment and procedures to be used;

vi. Anticipated future uses for the facility; and

vii. Other closure information the Department determines is necessary to protect human health and the environment.

11.Tier II NMSWLF. In addition to the requirements in Subsections 012.01 through 012.08, the owner and operator of a Tier II NMSWLF shall also comply with the following requirements:

a. Siting Requirements:

i. Wetlands. A facility shall not be located in wetlands, except as provided in 40 CFR 257.9.

ii. Ground Water. The active portion of a facility shall be located, designed and constructed such that the facility shall not cause contamination to a drinking water source or cause contamination of the ground water.

iii. Geologic Restrictions. No facility may be located on land that would threaten the integrity of the design.

iv. Property Line Restriction. The active portion of a facility shall not be located closer than one hundred (100) feet to the property line.

b. Siting Application. The owner and operator shall provide in the Siting Application documentation that demonstrates compliance with the siting requirements specified in Subsections 012.01 and 012.11.a.;

c. Design Application. The owner and operator shall provide the following information for design approval:

i. A facility map illustrating:

(1) Surface water and erosion control systems;

(2) Proposed fill area, including the location of waste disposal trenches or cells, noting the locations of trenches used for separated wastes such as animal carcasses, tree trunks, stumps, bulky wastes, car bodies, asbestos, and petroleum contaminated soils;

(3) Location of borrow areas;

(4) Design elevation grade of final cover;

(5) Soil and water table test boring holes, wells, or excavations;

(6) Proposed receiving, storage, and processing areas;

(7) Proposed trench layout and development; and

(8) Contour lines at five (5) foot intervals within the operating area and ten (10) foot intervals to the facility boundary.

d. Operating Requirements: The owner and operator of a NMSWLF shall comply with the following operating requirements:

i. Compaction and placement of waste in locations consistent with the approved operating plan;

ii. Provision for storage of waste during periods when the NMSWLF is inaccessible;

iii. Application of a six (6) inch compacted soil cover layer on exposed waste as necessary to prevent nuisance and vector conditions at periods consistent with the approved operating plan. An owner and operator may request that the Department approve an alternate cover that addresses vectors, litter, fire, odor, and scavenging concerns;

iv. Placement of an interim cover layer of twelve (12) inches of compacted soil between lifts to provide erosion control and structural stability. An owner and operator may request that the Department approve an alternate interim cover that addresses erosion, and stability for subsequent lifts;

v. Preservation of existing vegetation where attainable.

e. Operating Plan. The operating plan required in Subsection 012.04 shall identify the methods used for maintaining compliance with each applicable operating requirement of Subsection 012.03 and Subsection 012.11.d.;

f. Closure Requirements. The owner and operator of a Tier II NMSWLF shall comply with the following closure requirements:

i. Final Cover. Within seven (7) days of the date of last receipt of waste, a cover layer shall be applied to prevent nuisances and vector conditions. Within one hundred and twenty (120) days of the date of last receipt of waste, a final cover layer of eighteen (18) inches of compacted soil with an approved in-place permeability designed to minimize infiltration, or its functional equivalent, and, a six (6) inch soil layer that minimizes erosion and sustains plant growth shall be constructed;

ii. Facility Stabilization. All disturbed portions of the facility shall be stabilized. Stabilization practices may include but are not limited to: establishment of vegetation, mulching, geotextiles, and sod stabilization;

iii. Slope Stability. Finished grade shall be at a minimum of two percent (2%) and a maximum of thirty-three percent (33%) slope on the final surface of the completed fill area, after settlement; and

iv. Drainage Control. The completed landfill shall be graded to prevent surface water ponding and erosion, and to conform to the local topography.

g. Closure Plan. The owner and operator shall provide in the Closure Plan documentation that demonstrates compliance with closure requirements specified in Subsections 012.05 and 012.11.f.

h. Environmental Covenants:

i. After completion and certification of closure of a NMSWLF, the owner and operator shall record an environmental covenant, pursuant to the Uniformed Environmental Covenants Act (UECA) Chapter 30, Title 55, Idaho Code, on the property where the landfill facility is located and its future use may be restricted in accordance with a post-closure care plan. A copy of the environmental covenant shall be sent to the Department after recording with the county clerk;

ii. The owner may request permission from the Department to remove the environmental covenant if all wastes are removed from the facility;

iii. Federal agencies with responsibility for management of landfills on federal property shall make an environmental covenant or notation in the federal property records for the affected property. If the subject property is ever sold or transferred by the federal government, a notation on the deed or patent shall be made.

i. Post-Closure Care Plan. Owners and operators of a NMSWLF shall submit, in accordance with the time frames specified in Subsection 012.06, to the Department for review and approval a Post-Closure Care Plan, shall obtain Department approval of the Plan, and shall conduct post-closure care in accordance with the Plan. The Post-Closure Care Plan shall typically contain:

i. The name and address of an agent authorized to accept communications or service during the post-closure period. The name may be changed during the post-closure period by providing the Department with twenty (20) days advance written notice of the change;

ii. Provisions to maintain the integrity and effectiveness of the final cover;

iii. Provisions to continue to maintain and operate the systems required in the operating plan including run-on/run-off control systems;

iv. Provisions to maintain appropriate security of the closed facility;

v. Provisions for routine facility inspections by the owner and operator to insure compliance with the Post-Closure Care Plan; and

vi. A description of the planned use(s) of the property during the post-closure care period:

j. Post-closure care for the NMSWLF shall be conducted for a period of five (5) years, unless the Department establishes in writing an alternate facility-specific post-closure care period.

k. Post-Closure Standards and Inspection. Post-closure use or operation of the site shall not disturb any final cover or storm water control systems in a manner that will increase the potential to threaten human health or the environment.

l. The approved Post-Closure Care Plan shall be maintained and available for review on request by the Department.

Idaho Admin. Code r. 58.01.06.012

Effective March 24, 2022