06- 096 C.M.R. ch. 401, § 3

Current through 2024-51, December 18, 2024

Section 096-401-3 - Landfill Construction

Licensees must comply with the following requirements during construction:

A.Pre-Construction Conference. Unless waived by the Department, a pre-construction conference between the licensee and/or the agents of the licensee and Department staff is required. A licensee shall give the Department written notice of the pre-construction conference schedule at least 7 days prior to the conference unless a different time frame is approved by the Department.

B.Quality Assurance Plan. The Quality Assurance Plan (QAP) must be implemented at the beginning of construction. Construction Quality Assurance (CQA) shall include continuous site inspections by the CQA personnel. Geosynthetics and barrier soil layers must be inspected, tested, and certified by qualified CQA personnel separate from the owner/operator and contractor.

(1) For the purposes of this subsection, separate from the owner/operator means CQA personnel not in the direct employment of the owner/operator. Direct employment of the owner/operator does not include CQA personnel employed by a company under a contractual relationship with the owner/operator, provided that the CQA personnel are employed by a company that:

(a) Offers and performs quality assurance services for other companies not affiliated with the owner/operator; and

(b) Has a management structure that exists and operates separately from the owner/operator, such that the CQA personnel are not directly compensated by, and are completely free of any direct reporting obligation to, the owner/operator.

(2) For the purposes of this subsection, separate from the contractor means CQA personnel not in the direct employment of the contractor. Separate from the contractor also means CQA personnel not employed by a company under a contractual relationship with the contractor to perform services or provide materials unless the CQA personnel are employed by a company that:

(a) Offers and performs quality assurance services for other companies not affiliated with the contractor, and;

(b) Has a management structure that exists and operates separately from the contractor, such that the CQA personnel are not directly compensated by, and are completely free of any direct reporting obligation to, the contractor.

C.Liner Installation. Before installation of any type of liner, the licensee must evaluate the impacts of climatic conditions, proposed installation procedures, and the proposed installation schedule on liner integrity. If applicable, results and recommendations from the test pad program approved in accordance with paragraph 2(F)(12), and the final construction documents and Quality Assurance Plan incorporating the recommendations from the test pad program, must be submitted to the Department for review and approval in accordance with a schedule approved by the Department. Liners are adversely affected by cold temperatures and may be installed only between April 15th and November 1st, and only when the ambient temperature exceeds 32 degrees Fahrenheit. The licensee must submit a specific cold weather installation plan for review and approval prior to construction at other times.

D.Changes from Approved Plans and Specifications. Prior to implementing any changes to the approved landfill design, the leachate management systems, or project specifications, the applicant must receive approval from the Department through an amendment or minor revision, or through a change order approval. The Department must issue a response to a change order request within five working days, or approval of the change order is automatically granted.

E.Weekly Inspection Reports. The CQA team responsible for construction inspection at the landfill shall keep daily and weekly construction inspection reports and provide a copy to the Department. The reports must be mailed to the Department within one week after the completion of each construction week. The weekly reports must summarize the daily reports and include information generated during the week. The following information is required as part of the weekly inspection reports:

(1) A statement prepared by the CQA personnel summarizing the test results.

(2) Submittals and action taken;

(3) Summary of work progress;

(4) Upcoming work items for the next two weeks or for an alternative time period as approved by the Department.

(5) Punch list items as applicable.

(6) Summary of significant problems encountered and how the problems were resolved;

(7) Change order status; and

(8) Construction stability monitoring results, if applicable.

F.Photographic Documentation. In the final construction report, the licensee shall provide the Department with representative photographic documentation of each stage of construction.

G.Record Drawings. The licensee shall provide record drawings, signed and stamped by a State of Maine Registered Professional Engineer, to the Department within 45 days after construction completion of each phase.

H.Final Construction Report and Commencement of Operations

(1)Commencement of Operations. The licensee shall submit a written request that the Department conduct an inspection of the completed construction for a finding of compliance with the facility license. The licensee may commence operations of the landfill upon Departmental approval. Alternatively, the licensee may commence operations of the landfill ten working days after submitting the written certification, and after the Department conducts or waives the need for a final construction inspection. The Department may delay commencement of operations pending resolution of issues identified during its inspection and/or during review of the written certification. This written certification is required as part of the final construction report, but may be submitted prior to the final report in order to expedite approval for commencement of operations.

(2)Final Construction Report. The licensee shall submit a final construction report to the Department within 45 days following construction completion of each phase. The owner shall retain a copy of this report at the landfill site. The report must include:

(a) Written certification, signed and stamped by the engineer(s) supervising the project inspection, that the facility has been constructed in accordance with the approved plans and specifications. Certifications for different aspects of construction must be in accordance with the Quality Assurance Plan; and

(b) A narrative summary of the construction process. The summary must include supporting documentation, appropriately cross-referenced, sufficient for the Department to conclude that the facility has been constructed in accordance with the approved plans and specifications. The supporting documentation must include:

(i) A tabulation of all testing results;

(ii) A tabulation of all design modifications or modifications in construction approach;

(iii) The photographic documentation required by section 3(F) above;

(iv) Subgrade acceptance certifications;

(v) Manufacturer's quality control certificates; and

(vi) Quality assurance final reports for earthworks and geosynthetics.

06- 096 C.M.R. ch. 401, § 3