06- 096 C.M.R. ch. 401, § 5

Current through 2024-51, December 18, 2024

Section 096-401-5 - Landfill Closure

Any person proposing to close a landfill shall furnish the Department with a complete application addressing all applicable requirements of this section, section 6, and 06-096 C MR ch. 400.

A.Applicability.This section applies to all existing landfills, including those landfills approved for phased cell closure during the life of the landfill, except for the following:

(1) Landfills which qualify for closure under the reduced closure procedure of 38 M.R.S.A. §1310-E-1(2) or the alternative closure procedure of §1310 E-1(3); or

(2) Landfills regulated under the provisions of section 7 of this Chapter.

B.General Requirements

(1)Performance Standards. Applicants required to close a landfill under the requirements of this section shall demonstrate that the landfill closure will be designed, constructed, monitored, and maintained to:

(a) Mitigate hazards posed by the landfill to public health or safety or to the environment;

(b) Monitor the effectiveness of the closure system; and

(c) Function with a minimum of maintenance.

(2)Closure Deadline. A landfill, or any portion of a landfill, must be closed in accordance with an approved closure plan within one year from the last date solid waste was received at the landfill, unless the Department orders an alternative deadline.

An applicant for closure of a secure landfill may propose rapid waste mass stabilization through leachate recirculation and delayed placement of permanent final cover provided that there are sufficient funds to operate and maintain the facility until final closure occurs, including collection and treatment of all leachate prior to placement of permanent final cover. The intent of rapid waste mass stabilization is to minimize the long-term risk from the landfill by actively accelerating the process of leaching contaminants from the waste before the end of the post-closure period. This alternative is only available to existing facilities that have a leak detection system, or new facilities permitted under these rules, that are documented as operating in substantial compliance with the Solid Waste Management Rules.

(3)Application Submittal Deadline. The applicant must submit a complete closure application at least one year before the anticipated closing date. The application must be approved by the Department before the start of closure construction and must address all the requirements of this section. For landfills at which a phased final cover system was constructed throughout operations as approved by the Department, application for final closure must also be made at least one year prior to the anticipated final closure of the landfill. Additional work on the final cover system and/or additional corrective action may be required as part of final closure based upon facility conditions as assessed through monitoring, inspections, and any further investigations required during operations.

(4)Permanent Record. Within 60 days of completion of final closure construction, the licensee shall prepare and record in the Registry of Deeds information and deed restrictions to provide notice to prospective purchasers and a public record of the location of landfills. The licensee shall provide a copy of the recorded information and deed restriction to the Department.

This information must include:

(a) The type of facility located on the parcel and the dates of its operation and closure.

(b) The location, composition, extent, and depth of waste deposited. If friable asbestos waste has been disposed at a landfill, the location coordinates must be identified.

(c) The location and identification number of monitoring wells on the property.

(d) A deed restriction stating and effectively providing that post-closure use of the property may not disturb the integrity of the final cover, liner system or other components of the containment system, or the functioning of the monitoring systems, without prior written approval of the Department.

(5)Proposed Final Use. The final use must be compatible with the cover system. The following activities are prohibited at any closed landfill.

(a) Establishment or construction of any structures or buildings, including transfer stations, on top of or within 100 feet of the solid waste boundary, except that the roads and surface water management systems are allowed within 100 feet of the solid waste boundary; and

(b) The use of the site for agricultural purposes, except that the Department may allow haying on a site-specific basis.

C.Optional Workplan and Pre-Application Meeting. An applicant may elect to submit a workplan to the Department for conducting a site investigation, developing engineered designs, and developing post-closure monitoring and maintenance plans. A pre-application meeting may be held with the Department at the request of the applicant no sooner than one month after submittal of the workplan.

The purpose of the workplan is to allow the applicant to receive comments from the Department on the scope of work proposed before work is initiated. The workplan should include provisions for submitting to the Department for review and comment a conceptual design based on the findings of the site investigation, all monitoring to date, and operational history. The workplan may also identify other points for submissions to or meetings with the Department to review progress to date and to discuss any issues identified and any need to vary from the workplan.

D.Application Requirements. Applicants are required to submit an application addressing the requirements of this section, section 6, and the applicable requirements of 06-096CMR ch. 400, sections 3, 4(B); 4(C), 4(J), 4(M), 10, and 11. The following information must be submitted:

(1)General Information

(a) A post-closure monitoring, inspection, and maintenance proposal, as specified in section 6 of this Chapter;

(b) An estimate of closure construction and post-closure maintenance costs;

(c) A schedule for implementation of the closure plan; and

(d) A schedule for fire control measures, if applicable.

(2)Native Cover Source Permit. If the source of cover material is a borrow pit or other excavation that has not been permitted and is not exempt from permitting under 38 M.R.S.A.§§481-490 (Site Location Of Development Law) and 38 M.R.S.A. §§409-A et seq., the applicant shall obtain a permit for the cover source.

(3)Protected Permanent Benchmarks. The applicant must establish protected permanent benchmark(s) on the site for use in surveying the landfill, constructed to U.S. Coast and Geodetic Survey standards. Horizontal and vertical control must be established for each benchmark. The benchmark(s) must be:

(a) Coordinated and reported according to National Geodetic Vertical Datum Standards, if readily available;

(b) Shown on all application drawings and record drawings, as applicable; and

(c) Clearly marked and labeled.

(4)Application Drawings. The application shall include drawings showing the following items:

(a) The existing grade of the facility site, as established by a topographic survey on the ground, and the proposed initial and final grades of the landfill. For slopes of 5% or greater, 5 foot contour intervals may be used; 2 foot contour intervals are required if the slope is less than 5%.

(b) The location and elevation of the test pits and borings.

(c) The location and elevation of the permanent on-site surveying benchmark(s).

(d) All portions of the property boundary when located within 500 feet of the facility site.

(e) The location and description of all existing and proposed utilities and structures on the facility site.

(f) The location of protected natural resources and drainage ways when located within 500 feet of the facility site.

(g) The location of existing and proposed water supply wells when located within 1000 feet of the solid waste boundary.

(h) The location of existing and proposed access roads.

(i) The location of the proposed drainage diversion system including any siltation basins.

(j) The location of borrow pits, if applicable.

(k) The location of all proposed surface and ground water quality monitoring points.

(l) The location and identification of buffer zones and visual screening provisions.

(m) The location of baseline for cross-section drawings.

(n) The location of fencing and gates.

(o) The locations for storage and management of leachate.

E.Site Investigation for Closure. Each application for a landfill closure must include a site investigation to provide a basis for the closure design and to determine the nature and extent of any contaminant plumes at the site. Piezometers, monitoring wells and other observation instruments installed during this investigation shall be designed, constructed, and sampled according to the requirements in 06-096 CMR ch. 405.

Facilities that have conducted a detailed site investigation in accordance with the requirements of section 2 of this Chapter and that have conducted and are conducting a water quality monitoring program in accordance with the requirements of 06-096 CMR ch. 405 are exempt from the requirements of this subsection.

The site-specific investigation must be designed to describe the following:

(1) The site geology and aquifer characteristics in the vicinity of the landfill and its associated leachate management structures;

(2) Characterization of ground water and surface water quality in the vicinity of the landfill and its associated leachate management structures, including the magnitude and extent of any contaminant plume;

(3) An evaluation of expected leachate quality over the closure and post-closure period of the landfill.

(4) Landfill gas migration potential; and

(5) Geotechnical characteristics, including sufficient corroborative field and laboratory data to support the stability and settlement assessments, as applicable.

F.Site Assessment Report. The Site Assessment Report must contain all findings of the site investigation. Sites previously characterized and exempt from the site investigation requirements of section 5(E) must submit copies of reports prepared in accordance with the requirements of section 2(C).

The Site Assessment Report must include a discussion of the information developed in accordance with the requirements of section 5(E) or section 2(C), and must also include the following:

(1) Current phreatic surface maps and vertical flow nets, drawn to the same scale as those required in section 2(C) of this Chapter;

(2) Simulated changes in ground water flow conditions after closure;

(3) Tables of all ground water and surface water quality data over the life of the site, along with a discussion of water quality, including any trends or statistically significant changes;

(4) A narrative discussion of surficial and bedrock geology, aquifer characteristics, contaminant transport, including plume geometry, if applicable, waste types accepted, landfill gas migration potential, and interpretation of the above information as it pertains to landfill closure design;

(5) Recommendations for an engineering design for closure which will ensure that the performance standards of section 5(B)(1) are met; and

(6) A post-closure monitoring and maintenance plan in accordance with the requirements of section 6.

G.Design Standards for Closure. The engineering design for a closure system must incorporate the recommendations from the site assessment report, achieve the performance standards of section 5(B)(1), and meet the design standards. Alternatives to the design requirements of this subsection may be proposed by the applicant. The applicant must make a demonstration of technical equivalency through the alternative design process of section 5(H) or through a request for a variance pursuant to the provisions of 06-096 CMR ch. 400, section 13.

The design must minimize infiltration of precipitation into the landfill after closure. The cover system must operate with minimum maintenance, promote drainage from its surface while minimizing erosion, and provide protection against freeze and thaw effects. It also must be designed so that settling and subsidence are accommodated to minimize the potential for disruption of continuity and function.

(1)Extent. Final cover must be placed over all areas of the landfill where solid waste has been disposed, including any areas that were not previously and completely closed in accordance with Department rules applicable at the time of that closure, in accordance with a Department closure order, or as otherwise approved by the Department.

(2)Cover System Requirements. The following requirements apply to the cover system.

(a) Final cover for secure landfills must be a composite cover consisting of a geomembrane and a barrier soil layer. The geomembrane must have a nominal thickness of 40 mils. The barrier soil layer must be a minimum of 24 inches of recompacted clay, or well graded till. A geosynthetic clay liner (GCL) may be substituted for up to 12 inches of the barrier soil layer provided the GCL is underlain by at least 12 inches of recompacted clay or well-graded till having an hydraulic conductivity less than or equal to 1x10-5 cm/sec. The surface layer of the soil layer beneath the GCL must not contain stones larger than 1 inch. The barrier soil layer must be underlain by a 6 inch thick sand layer integrated into the gas management system. The barrier soil layer must meet the hydraulic conductivity requirements of this subsection and be placed in at least three lifts. The geomembranemust be covered with:

(i) 12 inches of sand covered by 12 inches of a medium suitable for growing grass and preventing damage to the barrier layer; or

(ii) A layer of geonet covered by 18 inches of a medium suitable for growing grass and preventing damage to the barrier and drainage layers.

(b) Unless the Department determines that the more protective cover system requirements of subparagraph (c) apply, final cover for non-secure landfills must meet the hydraulic conductivity requirements of subparagraph (d) and consist of:

(i) A barrier soil layer consisting of a minimum of 18 inches of recompacted clay, or well graded till placed in two lifts. The barrier soil layer must be underlain by a 6 inch layer of sand integrated into the gas management system and be covered with 6 inches of a medium suitable for growing grass and preventing damage to the barrier soil layer; or

(ii) A geomembrane with a nominal thickness of 40 mils. The geomembrane must be underlain by a 6 inch layer of sand integrated into the gas management system. The geomembrane must be covered with:

a. 12 inches of sand covered by 12 inches of a medium suitable for growing grass and preventing damage to the barrier layer; or

b. A layer of geonet covered by 18 inches of a medium suitable for growing grass and preventing damage to the barrier and drainage layers.

(c) Based on the site assessment report, or if the landfill collects leachate or ground water containing leachate, the Department may require that a non-secure landfill meet the following requirements to provide a more protective cover system.

Final cover must include a composite cover consisting of a geomembrane and a barrier soil layer. The geomembrane must have a nominal thickness of 40 mils. The barrier soil layer must be a minimum of 12 inches of recompacted clay, or well graded till. The barrier soil layer must be underlain by a 6 inch thick sand layer integrated into the gas management system. The barrier soil layer must be placed in at least 2 lifts and have a hydraulic conductivity less than or equal to 1x10-6 cm/sec. The geomembrane must be covered with:

(i) 12 inches of sand covered by 12 inches of a medium suitable for growing grass and preventing damage to the barrier layer; or

(ii) A layer of geonet covered by an 18 inch layer of a medium suitable for growing grass and preventing damage to the barrier and drainage layers.

(d) Unless otherwise approved, the following requirements apply for hydraulic conductivity of the cover system layers:

(i) Barrier layers for secure landfill disposal facilities must have a hydraulic conductivity less than or equal to the hydraulic conductivity of the primary liner system. The average hydraulic conductivity must be less than or equal to 1x10-7 cm/sec with a maximum hydraulic conductivity less than or equal to 1x10-6 cm/sec.

(ii) Barrier layers for non-secure landfills must have a maximum hydraulic conductivity less than or equal to 5x10-7 cm/sec, unless otherwise approved or required by the Department.

(iii) Drainage and gas transmission layers must have an hydraulic conductivity greater than or equal to 1x10-3 cm/sec. Hydraulic conductivity requirements for drainage layers must be sufficient to minimize infiltration through the cover system and to maintain stability.

(e) Any geomembrane proposed for use in a landfill cover systemmust meet:

(i) GRI GM-13 (Revision 11, 2012) standards, if available; and

(ii) Performance requirements for the proposed application.

(f) Any barrier soil layer proposed for use in a landfill cover systemmust have the following characteristics:

(i) A Liquid Limit greater than or equal to 20 and a Plasticity Index greater than 8 and less than or equal to 30. Glacial till soils do not need to meet these requirements;

(ii) A minimum fines content of 35%; and

(iii) A maximum particle size of less than or equal to 3 inches, except as noted in subparagraph (g)(v) below.

(g) Any barrier soil layer proposed for use in a landfill cover systemmust be designed to produce a homogeneous layer that eliminates soil clods and preferential flow paths, protect the geomembrane or GCL from puncture, if applicable, and reduce hydraulic conductivity to the maximum extent practicable. To accomplish this the barrier soil layer must meet the following requirements:

(i) Have a minimum in-place density of 90% of the maximum dry density as measured by ASTM D698 (Standard Proctor);

(ii) Be compacted using a kneading action to remold the soil between 0- 4% above optimum moisture content as determined using ASTM D-698 (Standard Proctor) (2012);

(iii) Be constructed in lifts with a maximum compacted lift thickness of 9 inches;

(iv) Be constructed in a manner which provides for lift interface bonding; and

(v) Have a maximum stone size less than or equal to 1 inch in the surface layer of the final lift if the barrier soil layer is the prepared subgrade for the geomembrane.

Applicants proposing test pad programs in accordance with the requirements of section 5(J) may propose alternative criteria to the requirements of section 5(G)(2)(f) and (g) in accordance with the results and conclusions of the test pad program.

(3)Base Preparation below Cover Systems. Base preparation must provide support that will facilitate construction of the cover system and minimize the potential for disruption of continuity and function of the final cover during post-closure. Applicants that propose to regrade waste or to bring in significant quantities of wastes to facilitate establishing post-consolidation slopes shall demonstrate that the base preparation is adequate for the proposed cover system. The design of the cover system base layer must consider and evaluate any impacts to the gas collection and control system and the leachate management systems.

The use of residues from the processing of Construction and Demolition Debris (CDD) as a shaping and grading material will be considered only at a landfill with a Department-approved active gas collection and control system. Applicants that propose to bring in significant quantities of wastes, including residues from the processing of CDD, to facilitate establishing post-consolidation slopes must demonstrate the following:

(a) The waste material will perform as an acceptable base material for the proposed cover system;

(b) The quantity of waste material to be used is appropriate for establishing the final slopes;

(c) The gas collection and control system can handle gas calculated to be generated by the waste material; and

(d) The leachate management system can handle additional leachate calculated to be generated by the waste material.

Unless the material proposed to be used in shaping and grading the slopes has no odor or potential to create a nuisance odor, the submittal must include an odor management plan that includes provisions for the prevention and control of nuisance odor, and a process for responding to any odor complaints received.

(4)Allowable slopes. The minimum allowable post-consolidation slope is 5 percent. The maximum allowable post-consolidation slope is 33 percent unless otherwise approved by the Department. Slopes must be designed to promote run-off in a manner that will prevent erosion of the final cover.

(5)Vegetation. The final cover must be limed, fertilized, seeded, and mulched as soon as possible after the cover is installed to promote evapotranspiration and to stabilize against erosion. Other areas around the waste disposal area that present a potential for erosion must also be revegetated. The lime, fertilizer, seed and mulch specifications must meet or exceed standards as established by "The Maine Erosion and Sediment Control Handbook for Construction: Best Management Practices" prepared by the Maine Soil and Water Conservation Commission, March, 1991.

Manufactured topsoil may be approved on a site-specific basis. When manufactured topsoil is proposed, the applicant must submit to the Department for review and approval a plan to correct any vegetative cover inadequacies resulting from the use of manufactured topsoil. The plan must identify the funding source for such potential corrective action work.

(6)Corrective Action Requirements. Owners of landfills with contamination of ground and/or surface water may be required to implement corrective action(s) to meet the performance standards of section 5(B)(1). For these landfills, the owner shall immediately implement any approved corrective action, and shall demonstrate that the corrective action will be successful prior to the end of the post-closure monitoring and maintenance period. Corrective action designs will be considered on a site-specific basis.

H.Alternative Design Process. Alternatives to the design standards and requirements of this section may be proposed by the applicant. A variance request pursuant to the provisions of 06-096 CMR ch. 400, section 13 is not required for proposals which meet the requirements of this paragraph. The applicant shall submit the following documentation to clearly and convincingly demonstrate technical equivalency of the proposed alternative:

(1) A discussion of the benefits of the proposed alternative technology.

(2) A discussion of the risks and drawbacks of the proposed alternative technology.

(3) An assessment of similar applications of the proposed alternative technology.

(4) A demonstration that the alternative technology will provide equal or superior performance to the component it is proposed to replace or that its inclusion within a system will result in equal or superior performance of that system.

(5) An assessment of the feasibility of constructing the proposed alternative, including the ability to provide an adequate level of quality assurance and quality control. A demonstration of the feasibility of construction may be required.

(6) An assessment of the likelihood that the proposed alternative will perform as designed through landfill closure and post-closure periods.

I.Engineering Report for Landfill Closure. The engineering report for landfill closure must present the basis for the engineering design and the proposed construction procedures, along with all data and design calculations for components, including geosynthetics. The engineering report must document how the site-specific environmental conditions and factors are used as the basis of the proposed design. It must discuss site-specific factors considered during design and address design selection for the surface water control systems, the leachate management systems, the gas management system, and final cover systems, as applicable. The report must also include a narrative evaluating the potential modes and significance of failures in engineered systems. All calculations and assumptions used in the evaluation and design of the proposed facility site must be submitted. The report must include the following information:

(1)Stability Assessment

(a) Landfills licensed under these rules must meet the following requirements:

A seismic and a static stability assessment for the landfill cover system must be submitted. The stability assessment must include analysis of potential failure planes which pass along or between the cover system components. The stability assessment must meet the requirements of section 2(F)(1)(a) and (b).

A seismic and static stability assessment must be submitted for potential failure planes which pass through or along the foundation soils, the waste mass, and/or the liner system components, if either of the following apply:

(i) Foundation soils strength gain was assumed in the previous assessment(s). Supporting data that is collected during construction and operations must accompany the stability assessment to demonstrate that the strength gain of the soils has occurred and/or will occur as predicted and the requirements of section 2(F)(1) will be met.

(ii) Condition(s) will exist during the closure and/or post closure periods that are more critical than what was assumed in the previous assessment(s). The stability assessment must meet the requirements of section 2(F)(1).

(b) Landfills not licensed under these rules must meet the following requirements:

A static stability assessment for the landfill cover system must be submitted. The stability assessment must include analysis of potential failure planes which pass along or between the cover system components. The stability assessment must meet the requirements of section 2(F)(1).

A static stability assessment must be submitted for potential failure planes which pass through or along: the foundation soils, the waste mass, and/or the liner system components, if any of the following apply:

(i) Foundation soils strength gain was assumed in the previous static assessment(s). Supporting data that is collected during construction and operations must accompany the stability assessment to demonstrate that the strength gain of the soils has occurred and/or will occur as predicted and the requirements of section 2(F)(1) will be met.

(ii) Condition(s) will exist during the closure and/or post closure periods that are more critical than what was assumed in the previous static assessment(s) and the stability assessment must meet the requirements of section 2(F)(1).

(iii) The Department determines that a static stability assessment is necessary to protect public health, safety, and the environment. This requirement applies to solid waste facilities that have not had stability assessments previously performed in accordance with the standards of section 2(F)(1).

A seismic stability assessment is not required for facilities not licensed under these rules.

(2)Settlement Assessment. An assessment must be made to predict total and differential settlement of the landfill cover system. This assessment must include a demonstration that the cover system will maintain its integrity and performance at maximum predicted settlements. Instrumentation may be required by the Department to monitor the cover system settlement during the closure and post-closure periods.

(3)Stability and Settlement Monitoring Plan. Unless otherwise approved by the Department, a stability and settlement monitoring plan must be submitted for construction and post closure periods. Where applicable, monitoring plans for modes of failure governed by foundation soils must include the use of instrumentation installed into the foundation soils. The monitoring plan must incorporate the conclusions, recommendations, and requirements of the stability assessment approved under section 5(I)(1) and the settlement assessment approved under section 5(I)(2). It must also include reporting requirements to the Department. Reporting must include an interpretation of the monitoring results by qualified personnel.

(4)Water Balance. An assessment must be made of the volume of leachate, including consolidation water, to be generated by the landfill during the closure and post-closure periods. As determined by the Department, a standard method for determining leachate quantity must be used, such as "Hydrologic Evaluation of Landfill Performance (HELP) Model", (EPA/600/R-94/168a and EPA/600/R-94/168b).

(5)Leachate Management Plan. Plans for leachate management for secure landfills or non-secure landfills that collect leachate or groundwater containing leachate must include provisions for the continuation or decommissioning of existing leachate management systems, detailed design of new leachate management systems, and development of a post-closure leachate management and monitoring and maintenance plan. Contingency service contracts and/or letters of intent for leachate transport and disposal must be maintained throughout the post-closure period. Contracts or letters of intent are not required when the leachate will be transported and treated by the facility owner. For facilities that have a leak detection system, a response action plan and action leakage rate(s) must be incorporated into the post-closure monitoring plan. The response action plan must be implemented in the event that the action leakage rate(s) is(are) exceeded.

(6)Gas Management Plan. A landfill gas management plan must be submitted that includes, but is not limited to, the following:

(a) A complete gas collection or venting system design, active or passive, including anticipated gas generation rates, and sizing and spacing calculations;

(b) A detailed description of the methods to be used for utilization and discharge of gases and management of condensate from an active collection system;

(c) If the calculated non-methane organic compound (NMOC) emission rate is equal to or greater than 50 megagrams per year, a detailed design of any additional gas control measures other than collection and venting systems;

(d) A gas monitoring and detection plan in accordance with the requirements of section 4(C)(11), as applicable;

(e) An assessment to determine the effects failure of the gas collection or venting system would have on the environment and the landfill;

(f) An evaluation of migration potential; and

(g) A detailed description of the methods to be used for installation of the gas collection or venting system, including a phasing plan if applicable.

(7)Surface Water Control Plans. Two surface water control plans must be submitted: an erosion and sedimentation control plan which meets the standards and submission requirements of 06-096 CMR ch. 400, section 4(J), and a stormwater management plan which meets the standards and submission requirements of 06-096 CMR ch. 400, section 4(M).

J.Test Pads. Applicants may propose a barrier soil test pad program to demonstrate that the proposed barrier soil material and construction methods will result in a barrier soil meeting the standards of section 5(G) of this Chapter. Demonstration of the success of the test pad program in consistently achieving the required standards may allow the applicant to reduce the reliance on in-place hydraulic conductivity testing. The test pad program must be approved by the Department prior to the start of the test pad construction. The program must:

(1) Specify the procedures to characterize the properties of the barrier soil at the borrow source;

(2) Specify the procedures to develop the construction methods to consistently achieve the required density, moisture content, and hydraulic conductivity;

(3) Specify the dimensions and the testing protocol for the test pad; and

(4) Specify the criteria that will be used to define a successful test pad program.

K.Quality Assurance Plan. A Quality Assurance Plan (QAP) must be established and included with the application to assure that design specifications and performance requirements for all facility components are met during cover system construction. The QAP must include the following:

(1) A description of the Construction Quality Assurance (CQA)measures to be implemented.

(2) A description of the relationship between the QAP, construction quality control, and the construction contract biddocuments. The construction contract bid documents must also clearly define this relationship.

(3) A description of the responsibility and authority that organizations and/or personnel involved in permitting, designing, constructing and certifying the construction of the cover systemwill have during the construction phase. This must also include a description of a construction problem resolution process that incorporates the roles and responsibilities of all parties, including the owner, manufacturer, installer, designer, CQA personnel, contractor, and the Department;

(4) The qualifications of the CQA personnel. Qualifications must include certification by the National Institute for Certification in Engineering Technologies (NICET), where applicable:

(5) The inspections and tests to be performed to ensure that the construction and the materials conform to contractual and regulatory requirements for each cover system component. Appendix A to this Chapter contains requirements for earthworks testing programs that do not utilize test pads in accordance with section 2(F)(12).

(6) The sampling activities, sample size, methods for determining sample locations, frequency of sampling, acceptance and rejection criteria, and methods for ensuring that corrective measures are implemented;

(7) Record keeping and reporting requirements for Manufacturing Quality Assurance/Construction Quality Assurance (MQA/CQA) activities;

(8) A list and description of CQA certifications, including identification of the engineer(s) responsible for these certifications.

NOTE: Reference EPA Technical Guidance Document # EPA/ R-93/182 dated September 1993, "Quality Assurance and Quality Control for Waste Containment Facilities" for guidance in developing a quality assurance plan and recommended implementation program for certified CQA personnel.

L.Construction Contract Bid Documents. The applicant shall provide construction contract bid documents, including drawings, technical specifications, and the contract administrative documents.

M.Requirements During Construction. Licensees shall comply with the following requirements during construction:

(1)Pre-Construction Conference. Unless waived by the Department, a pre-construction conference between the licensee 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 pre-construction conference unless a different time frame is approved by the Department.

(2)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.

(a) For the purposes of this paragraph, 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:

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

(ii) 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.

(b) For the purposes of this paragraph, 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:

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

(ii) 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.

(3)Cover System Barrier Layer Installation. Before installation of any type of cover system barrier layer, the licensee must evaluate the impacts of climatic conditions, proposed installation procedures, and the proposed installation schedule on the cover system barrier layer integrity.

(a)Timing. The construction schedule and sequence of construction must minimize the amount of time from initial cover system barrier layer placement to completion, including protective systems above the cover system barrier layer. It must minimize the potential for desiccation, cracking and erosion of the low hydraulic conductivity soil barrier layers, protect the integrity and inspectability of the geosynthetic components, and ensure that design requirements and performance standards are met.

(b)Installation Limitations. Cover system barrier layers are adversely affected by cold temperatures and may only be installed 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.

(c)Test Pads. If applicable, results and recommendations from the test pad program approved in accordance with section 5 (J), and the final construction specifications and Quality Assurance Plan incorporating the recommendations from the test pad program, must be submitted to the Department for review and approval prior to commencing barrier soil construction.

(4)Changes from Approved Drawings and Specifications. Prior to implementing any changes to the approved drawings and specifications, the applicant must receive approval from the Department through an amendment or minor revision, or through a change order approval. The Department shall issue a response to a change order request within five working days, or approval of the change order is automatically granted.

(5)Weekly Inspection Reports. The CQA team responsible for construction inspection at the landfill shall keep daily andweekly 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.

(a) A statement prepared by the CQA personnel summarizing the test results;

(b) Submittals and action taken;

(c) Summary of work progress;

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

(e) Punch list items, as applicable;

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

(g) Change order status; and

(h) Construction stability monitoring results, if applicable.

(6)Photographic Documentation. The licensee shall provide the Department with representative photographic documentation of each stage of construction.

(7)Inspection for Compliance. After the closure of the landfill is substantially complete, the owner or operator shall request in writing a Department inspection for compliance. Any deficiencies noted by the Department must be corrected within 30 days.

(8)Final Construction Report. The licensee must submit a final construction report to the Department within 45 days following construction completion. The report must include:

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

(b) A narrative summary of the construction process. The summary must include supporting documentation sufficient for the Department to conclude that the closure has been constructed in accordance with the approved plans and specifications, including, but not limited to, the following:

(i) A tabulation and summary of all testing results;

(ii) A tabulation of all problems encountered during construction and a description of how those problems were resolved. The report must be appropriately cross-referenced;

(iii) The photographic documentation required in section 5(M)(6);

(iv) Subgrade acceptance certification;

(v) Manufacturer's quality control certificates; and

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

(9)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.

06- 096 C.M.R. ch. 401, § 5