N.J. Admin. Code § 7:26-2A.8

Current through Register Vol. 56, No. 24, December 18, 2024

Section 7:26-2A.8 - Sanitary landfill operational and maintenance requirements

(a) All sanitary landfills shall be operated in accordance with the requirements set forth in N.J.A.C. 7:26-2.8, and the following additional operational, maintenance, inspection and monitoring requirements.

(b) The sanitary landfill shall be operated in accordance with the following additional minimum requirements:

1. The working face shall be confined to the smallest practical area, as is consistent with the proper operation of trucks and equipment, in order that the area of waste material exposed during the operating day is minimized. The width of the working face shall be in accordance with the following:

i. Sanitary landfills receiving 400 or less truck loads of waste per day, shall have a working face no greater than 150 feet;

ii. Sanitary landfills receiving more than 400 truck loads of waste per day may submit a request for a working face greater than 150 feet or another 150 foot working face in a separate location. The size and number of the working faces approved by the Department will be based on the sanitary landfill equipment and cover material available on-site and the on-site traffic flow patterns.

2. All waste shall be thoroughly compacted throughout the operational day to yield the smallest practical volume;

3. Solid waste shall be compacted in shallow layers. The layers should be less than two feet in thickness and should be compacted with a minimum of four passes of the compaction equipment, except over leachate collection pipes where compacting shall be performed in accordance with N.J.A.C. 7:26-2A.7(d)3 xiv;

4. The lift height of the daily cell, as measured vertically from the previous day's cover surface, shall not exceed 12 feet;

5. The slope of the working face shall be maintained so as to maximize compaction of the solid waste and minimize infiltration into the solid waste. The slope shall be no steeper than three horizontal to one vertical (3:1). For balefill operations, a vertical working face will be allowed at the disposal area where continued bale placement will take place within 24 hours.

6. Separate areas designated on the site plan, as approved by the Department, may be used for the storage of demolition waste or recyclable materials in accordance with the following:

i. The stockpiled solid waste or recyclable materials shall not contain putrescible material;

ii. The stockpiled solid waste or recyclable materials shall not cause or result in a public health or environmental nuisance or impose a safety hazard as determined by the Department; and

iii. A schedule or time frame for reuse of the material in a timely fashion, shall be submitted to and approved by the Department.

7. All exposed surfaces of solid waste shall be covered at the close of each operating day with daily cover consisting of six inches of compacted clean soil or alternate cover material subject to the approval of the Department;

8. Daily application of cover may be exempted if the solid waste meets the following criteria:

i. The uncovered solid waste will not create an environmental or public health nuisance as determined by the Department;

ii. The uncovered solid waste will not create a safety hazard as determined by the Department; and

iii. The solid waste is an inert material;

iv. The solid waste is an inert material;

9. The daily covering of solid waste shall be a progressive operation so that no greater than 15,000 square feet of solid waste is exposed at any time throughout the operating day for each 150 feet of working face;

10. Intermediate cover, a minimum of 12 inches of cover material, shall be applied to all surfaces to be exposed for any period exceeding 24 hours;

11. The grade and thickness of the intermediate and final cover material on all surfaces shall be maintained until stabilized. All cracks, erosion swales, rills and uneven areas shall be maintained to prevent extrusion of solid waste and to minimize infiltration and ponded water;

12. All areas with intermediate cover shall be graded so as to facilitate drainage of run-off to the surface drainage system and minimize infiltration and ponded water;

13. The daily and intermediate cover material should be of a quality that is manageable under all weather conditions. Heavy clays and very fine grain materials, such as fly ash, shall not be used as daily and intermediate cover. A sufficient quantity of cover material shall be at the site to adequately meet the requirements of (b)7 through 10 above. For landfills without on-site supplies of cover material, a standby supply for cover material equal to 25 percent of the volume of waste received and compacted at the landfill in 10 normal disposal days shall be stored within the boundaries of the landfill property;

14. Final cover constructed in accordance with N.J.A.C. 7:26-2A.7(i) shall be applied to all surfaces where the final approved elevation has been reached and to all surfaces when the landfill operation is terminated;

15. An alternate material other than clean soil proposed for use as daily, intermediate or final cover material at a sanitary landfill shall be subject to the approval of the Department provided the following criteria are met. Further guidance is set forth in the Department's Technical Manual prepared by the Department's Bureau of Landfill and Recycling Management for Cover Material Requests:

i. The alternate material impedes the entry of rodents and vectors into the waste fill;

ii. The alternate material controls malodorous emissions;

iii. The alternate material provides a firebreak;

iv. The alternate material resists or has limited erosion potential and is not easily windblown; and

v. The alternate material controls windblown litter;

16. The alternate cover material shall meet the following performance standards:

i. The volatile solids, or combustible content of the cover shall not exceed 12 percent by weight;

ii. No more than 20 percent of fine grained materials shall pass a No. 200 sieve;

iii. At least 40 percent by weight of the fragments in the soil admixture shall be capable of passing through a No. 10 mesh sieve; and

iv. Particle sizes shall not exceed six inches in diameter;

17. If possessing soil-like properties, the following laboratory testing for the alternate material shall be required depending on the material and its intended use:

i. For intermediate or daily cover, the following tests shall be required:

(1) Solids content;

(2) Percent volatile solids;

(3) Grain size analyses; and

(4) Moisture content;

ii. For final or temporary final cover, the following tests shall be required:

(1) Atterburg limits;

(2) Permeability testing;

(3) Solids content;

(4) Percent volatile solids;

(5) Grain size analyses; and

(6) Moisture content;

iii. In addition to the tests at (b)17ii above, materials intended for use in the topsoil layer in a final cover shall require the following tests:

(1) Nitrogen;

(2) Ammonia-n;

(3) Nitrate-n;

(4) Total kjeldahl nitrogen;

(5) Phosphorus;

(6) Calcium;

(7) Magnesium;

(8) Potassium; and

(9) Organic content;

18. Analytical chemical tests may be required for the alternate material depending on the material and its intended use;

19. An evaluation program in accordance with the requirements for RD&D projects as set forth at N.J.A.C. 7:26-1.7(f) shall be conducted for non-traditional cover materials such as cover foams and geotextiles. The evaluation program shall evaluate the cover material in actual use at the landfill.

i. The owner and/or operator of a sanitary landfill with an RD&D authorization for non-traditional cover materials shall evaluate the effectiveness of the material in meeting the requirements by monitoring its use under varying operational and weather conditions.

20. There shall be sufficient types of quantities of equipment for digging, spreading, compacting or covering waste or applying cover material to adequately meet the requirements of (b)7 through 10 above, to ensure a smooth flow of traffic at the working face and to achieve the maximum compaction efficiencies;

21. At sanitary landfills that accept an annual waste flow of greater than 1,000,000 in-truck cubic yards (300,000 tons), the compaction equipment should include the use of steel wheel type compactors with a minimum operational weight of 45,000 pounds;

22. Sanitary landfill equipment shall be equipped with hand-portable fire extinguishers of a multipurpose dry chemical type, an automatic fire suppression system, and rollover protection structures and any other safety equipment required by the Occupational Health and Safety Administration standards;

23. In case of breakdown of the equipment required by (b)14 above, the permittee shall repair the equipment or obtain replacement equipment within 24 hours after breakdown. Unless sufficient types and quantities of replacement equipment meeting the requirements of 14 above are available on-site, written maintenance contracts with a local equipment dealer shall be in force at all times. A copy of the contract shall be submitted with the O and M plan to verify compliance with this requirement;

24. Access to the sanitary landfill for solid waste disposal shall be permitted only during the operating hours set by the Division of Sustainable Waste Management and shall be restricted to 7:00 A.M. to 7:00 P.M. in areas within 1,000 feet of a residential zone;

25. The sanitary landfill shall be adequately secured with a six-foot high chain link fence with an entrance gate, posted with the operating hours, that can be locked to prevent unauthorized entry into the facility. Fencing may be exempted, as approved by the Department, in areas where topographic features restrict vehicular access to the sanitary landfill;

26. A scale house and scales meeting the requirements of N.J.S.A. 13:1E-117 and the guidelines promulgated pursuant thereto, shall be constructed at the sanitary landfill. The location of the scale house and scales shall be situated so as to minimize the queuing-up of trucks onto the public roadway and so as to maintain a smooth and safe flow of traffic to and from the working face and while entering and exiting the landfill;

27. An all weather road shall be provided to the working face;

28. Litter shall be controlled through the use of moveable fences of sufficient height or by an equivalent means. The litter fence shall be policed daily and the litter collected shall be properly disposed of at the working face;

29. Dust control shall be effected by the spraying of water or the spreading of calcium chloride or an equivalent approved by the Department, as needed. Spraying of waste oil is prohibited;

30. The sanitary landfill shall not emit any air contaminant in violation of N.J.A.C. 7:27-5.2(a) or 7.3.

i. Air contaminant emissions from the sanitary landfill shall be controlled by:

(1) Use of adequate daily, intermediate, and final cover. Malodorous solid waste shall be covered immediately after unloading with a minimum of six inches of cover material or approved alternate material;

(2) Proper design, installation, operation, and maintenance of a landfill gas collection and venting system in accordance with N.J.A.C. 7:26-2A.7 and 2A.8; and

(3) Any other means of air contaminant emission control that the Department approves to control odors from the sanitary landfill, including, but not limited to, air pollution controls that may be required by the Air Pollution Control regulations at N.J.A.C. 7:27-8 and 22.

ii. Within one hour after becoming aware of an air contaminant concentration that has the potential to cause an odor complaint, air pollution as defined in N.J.A.C. 7:27-5, or an exceedance of the hydrogen sulfide standard in N.J.A.C. 7:27-7.3, the owner or operator of the sanitary landfill from which the air contaminant is being emitted shall notify the Department at 1-877-WARNDEP and take all reasonable measures to control the emissions. Reasonable measures shall include, but need not be limited to, providing additional cover, adjusting or increasing vacuum in the gas collection and venting system, installing additional gas collection wells or piping, adjusting or upgrading emissions control devices, and excavation and replacement or removal of malodorous waste;

31. Mud, soil, and other materials shall not be tracked onto any public road by exiting vehicles. A rumble rack or wheel washing station may be used to control the off site tracking of mud, soil, and other material;

32. The sanitary landfill shall be operated in a manner which minimizes the propagation and harborage of insects, rodents, and birds;

33. The sanitary landfill shall be operated in a manner which will protect all monitoring devices and environmental systems from damage. Any damage shall be immediately reported to the Bureau of Solid Waste Permitting at (609) 292-9880;

34. Any monitoring device or environmental control system which is damaged so as to impair the proper operation of the monitoring device or environmental control system shall be reconstructed in accordance with the following:

i. The operator shall repair the monitoring device or environmental system in accordance with the plans and schedule approved by the Department; and

ii. The Department may require immediate remedial action for repair of the damaged monitoring device or environmental control system should such damage endanger human health or the environment.

35. The sanitary landfill shall be operated in a manner which will facilitate the filling of each section to final grade and which will minimize the operational phase of each section;

36. An adequate number of qualified personnel shall be at the sanitary landfill to maintain the smooth flow of traffic at the sanitary landfill and to operate the sanitary landfill in a manner that is in compliance with the requirements of the Solid Waste Management Act, N.J.S.A. 13:1E-1 et seq., this chapter, and the conditions of the SWF permit;

37. A supervisor shall be at the sanitary landfill during all operating hours to ensure proper operation of the sanitary landfill, to evaluate the monitoring data and inspection reports, to determine the performance of the sanitary landfill and to direct and implement all operational decisions to ensure the facility's compliance with the requirements of the Solid Waste Management Act, N.J.S.A. 13:1 E-1 et seq., this chapter, and the conditions of the SWF permit;

38. All sanitary landfill personnel who are involved in waste management activities or who operate, service or monitor any facility equipment, machinery or system, shall complete a program of on-the-job training which shall include, at a minimum, the following:

i. The training program shall be directed by a person thoroughly familiar with the technology being utilized at the facility and the conditions of the SWF permit;

ii. The training shall include instruction in the operation and maintenance of the equipment, machinery and systems which facility personnel must operate, service or monitor in the course of their daily job duties. The training shall instruct facility personnel in the performance of their duties in a manner that ensures the facility's compliance with the requirements of the Solid Waste Management Act, N.J.S.A. 13:1E-1 et seq., this chapter, and the conditions of the SWF permit;

iii. The training program shall ensure that the facility personnel are able to effectively respond to any equipment malfunction or emergency situation that may arise;

iv. The training program shall provide instruction in the use of safety and emergency equipment and the use of communication or alarm systems; and

v. The training program shall provide instruction in the procedures for emergency response for sanitary landfill fires or explosions, gas leaks, leachate treatment system failure or leaks, detention basin breaches or other emergencies and shall include procedures to shut down operations.

39. The sanitary landfill facility personnel shall complete the initial training program required by (b)38 above within six months after the date of their employment;

40. The sanitary landfill facility personnel shall take part in an annual update of the initial training program;

41. Training records that document the type and amount of training received by current facility personnel shall be kept until closure of the sanitary landfill;

42. The following actions shall be implemented in the case of an emergency:

i. The supervisor or emergency coordinator shall immediately identify the character, exact source, amount and extent of any discharged materials and notify appropriate State or local agencies with designated response roles if their help is needed;

ii. Concurrently, the supervisor or emergency coordinator shall assess possible hazards to public health or the environment that may result from the discharge, fire or explosion. This assessment shall consider both direct and indirect effects;

iii. If the supervisor or emergency coordinator determines that the facility has had an uncontrolled discharge, a discharge above standard levels permitted by the Department, or a fire or explosion, he or she shall:

(1) Immediately notify appropriate local authorities if the assessment indicates that evacuation of local areas may be advisable;

(2) Immediately notify the Department at 1-877-WARNDEP; and

(3) When notifying the Department, report the type of substance and the estimated quantity discharged, if known, the location of the discharge, actions the person reporting the discharge is currently taking or proposing to take in order to mitigate the discharge and any other information concerning the incident which the Department may request at the time of notification.

iv. The supervisor shall take all reasonable measures to ensure that fires, explosions and discharges do not recur or spread to other areas of the facility. These measures shall include, where applicable, the cessation of operations and the collection and containment of released waste;

v. Immediately after an emergency, the supervisor or emergency coordinator shall provide for treating, storing or disposing of waste, contaminated soil or water or any other material contaminated as a result of the discharge, fire or explosion;

vi. The supervisor or emergency coordinator shall ensure that no waste is processed until cleanup procedures are completed and all emergency equipment listed in the contingency plan is again fit for its intended use;

vii. The supervisor or emergency coordinator shall notify the Department and appropriate local authorities when operations in the affected area of the facility have returned to normal; and

viii. Within 15 days after the incident, the supervisor or emergency coordinator shall submit a written report on the incident to the Department. The report shall include, but not be limited to:

(1) The name, address and telephone number of the facility;

(2) The date, time and description of the incident;

(3) The extent of injuries, if applicable, with names and responsibilities indicated;

(4) An assessment of actual damage to the environment, if applicable;

(5) An assessment of the scope and magnitude of the incident;

(6) A description of the immediate actions that have been initiated to clean up the affected area and prevent a recurrence of a similar incident; and

(7) An implementation schedule for undertaking longer term measures to effect cleanup and avoid recurrence of the incident, if applicable.

43. An on-site baseline consisting of two vertical and horizontal control monuments shall be constructed and installed in accordance with the Map Filing Law, N.J.S.A. 46:23-9.9 et seq., and the Department's specifications in the "Guidelines for Establishing Vertical and Horizontal Control Monuments on Sanitary Landfills" available from the Division of Sustainable Waste Management, Bureau of Solid Waste Permitting at 609-292-9880.

44. The control monuments shall be installed with, at a minimum, Second Order accuracy in accordance with the "Classification, Standards of Accuracy, and General Specifications of Geodetic Control Survey", published by the U.S. Department of Commerce, 1980;

45. The control monuments shall be tied into the national or State geodetic survey network and keyed into the North American Datum of 1983; and

46. Sanitary landfills equal to or greater than 50 acres in size may be required to construct and install secondary control points. The control points shall be installed in accordance with the Department's "Guidelines for Establishing Vertical and Horizontal Control Monuments on Sanitary Landfills."

(c) While the sanitary landfill is in operation all environmental control systems shall be maintained in a proper functioning manner and shall be inspected to ensure compliance with the operational and construction requirements and the design and performance standards.

(d) The inspections, required by (c) above, shall be performed, unless otherwise stated, on a weekly basis and after storm events to detect evidence of deterioration, malfunction or improper operation.

(e) The owner and/or operator shall record the results of the inspections in a log book or by means of an electronic records storage system approved by the Department which shall be maintained at the sanitary landfill office and be accessible, at all times, for inspection by the Department. These records shall include the date and time of the inspection, the name of the inspector, a notation of observations and recommendations and the date and nature of any repairs or other remedial action.

(f) If deterioration which would result in failure, malfunction or improper operation is evident during inspection, the operator shall make repairs in accordance with (b)34 above and as listed in the approval final O and M manual.

(g) The sanitary landfill shall be maintained and inspected by the owner and/or operator in accordance with the following additional minimum requirements:

1. The buffer zone shall be maintained free from litter. The entire area shall be policed on a daily basis, weather permitting, and the collected litter shall be properly disposed of at the working face;

2. The all weather road shall be maintained as necessary to provide access to the working face;

3. The public roads providing access to the sanitary landfill shall be maintained free of mud, dirt, and litter. The entrance shall be properly policed on a daily basis, weather permitting;

4. The vertical and horizontal control monuments shall be maintained and resurveyed by a licensed New Jersey Land Surveyor and certified for accuracy biennially. The survey shall be, at a minimum, second order accuracy in accordance with the "Classification, Standards of Accuracy, and General Specifications of Geodetic Control Survey" published by the U.S. Department of Commerce 1980. The control monuments shall be tied into the national or state geodetic survey network;

5. All emergency equipment shall be maintained in a proper functioning manner. The equipment shall be tested on an annual basis;

6. The cap on the cut-off wall, required by N.J.A.C. 7:26-2A.7(c) 10xvi., shall be maintained at a three foot thickness to prevent the erosion of the cut-off wall;

7. The leachate collection pipes shall be maintained to ensure a free flow of leachate. The leachate collection pipes shall be inspected and if blockage and clogging of the system is evident the collection pipes shall be cleared by water jet flushing or an equivalent method. The mains shall be tested annually to ensure a free flow of leachate;

8. The structural integrity of the manholes or clean-out risers shall be maintained to ensure a free flow of leachate;

9. The structural integrity of the sumps shall be maintained to ensure water tightness of the sump;

10. The structural integrity of the leachate pump station and gas pump station, and the electrical, venting and alarm systems of the leachate pump station and the gas pump station shall be maintained to ensure a free flow of leachate and gas;

11. The leachate pumping system and gas pumping system shall be maintained as necessary. They shall be completely overhauled, at a minimum, on a biennial basis and shall be inspected on a daily basis to ensure a free flow of leachate or gas;

12. The leachate treatment and disposal systems shall be inspected on a daily basis and maintained in a manner which will prevent anaerobic and malodorous conditions from developing;

13. The structural integrity of the storage tanks shall be maintained to ensure containment of leachate. The tanks shall be inspected annually for leaks;

14. The structural integrity and erosion protection shall be maintained on all areas of the surface impoundments to ensure stability of the dike and emergency spillways and containment of the leachate and run-off. The surface impoundment shall be inspected on a daily basis to ensure that the minimum depth of freeboard is maintained;

15. The leachate treatment and disposal system units, storage tanks, surface impoundments, and detention/retention ponds shall be dredged, as necessary, to maintain the design capacity. Dredging shall not result in or cause damage to the containment system;

16. The structural integrity of the vents, manifolds and piping of the gas venting system shall be maintained to insure a free flow of gas;

17. The structural integrity of the gas flaring or recovery/combustion systems shall be inspected on a daily basis and shall be maintained to ensure proper disposal or use of the collected gas;

18. The structural integrity of all monitoring devices shall be maintained to ensure their workability and reliability; and

19. The structural integrity and erosion protection of the surface run-on/run-off structures shall be maintained on all areas of the capping system to ensure the stability of the slope and prevent excess erosion. The top grades shall be maintained at their proper slopes to minimize ponding.

(h) Monitoring shall be performed in accordance with the following parameters and schedules:

1. Sampling and analysis of water from the groundwater monitoring wells and lysimeters shall be performed in accordance with the NJPDES regulations, N.J.A.C. 7:14A;

2. Sampling and analysis of surface water taken from the surface water monitoring locations shall be performed in accordance with N.J.A.C. 7:14A;

3. Leachate monitoring of the influent and effluent of the treatment and disposal system shall be performed in accordance with the appropriate section of the NJPDES regulations at N.J.A.C. 7:14A;

4. In addition to the requirement of (h)3 above, the flow of leachate in the primary and secondary leachate collection and detection systems shall be recorded on a daily basis;

5. The daily leachate monitoring results shall be compiled on a quarterly basis and submitted to the Division.

6. Residuals from the treatment and disposal systems shall be sampled and analyzed in accordance with the requirements of the Sludge Quality Assurance Regulations, N.J.A.C. 7:14-4;

7. Residuals from the treatment and disposal systems shall be sampled prior to the planned disposal and the results of the analysis shall be submitted to the Bureau of Technical Assistance for class identification 30 days prior to disposal;

8. The hydrostatic pressure of the cut-off wall and the liner system shall be monitored on a monthly basis, unless otherwise directed by the Department, and the results shall be submitted to the Division;

9. Sanitary landfill gases shall be sampled and analyzed in accordance with the following:

i. A gas quality analysis shall be performed on the gas venting and collection systems as constructed in accordance with N.J.A.C. 7:26-2A.7(f)3 and 4 on an as needed basis as determined by the Division and the Bureau of Stationary Sources, pursuant to N.J.A.C. 7:27;

ii. A methane gas survey shall be performed on a quarterly basis and the results shall be submitted to the Division. If gas is detected within the buffer zone the Department may require more detailed and frequent surveys to be performed.

iii. The methane gas survey shall be performed with a hand-held portable explosimeter or equivalent and the minimum sampling depth shall be three feet below the ground surface or above the water table, whichever is higher; and

iv. The sampling for the methane gas survey shall be performed on a quarterly basis around the perimeters of the buffer zone of active landfill areas and annually around the entire perimeter of the buffer zone of the sanitary landfill. The maximum interval between sampling points shall be 300 feet. Sampling shall be performed around the perimeter of all on-site structures. The maximum interval between sampling points for structures shall be 50 feet; however, there shall be at least one sampling point along each side of the structure. If repeated methane gas surveys consistently detect no methane gas around the perimeters of the buffer zone of an active landfill area or at any location around the entire perimeter of the buffer zone of the sanitary landfill, the maximum interval between sampling points shall be increased and/or the sampling frequency shall be decreased, as approved by the Department, based on negative results at a particular location;

10. The daily precipitation data from the meteorologic monitoring system shall be compiled and submitted on a quarterly basis to the Division;

11. The settlement and slope data shall be compiled and submitted on a quarterly basis to the Division; and

12. If a hydrogen sulfide ambient monitoring system is required by the Department pursuant to N.J.A.C. 7:26-2A.7(h)10, hydrogen sulfide monitoring shall meet the following requirements:

i. Monitoring for hydrogen sulfide and meteorological conditions, including wind speed and direction, temperature, humidity, and barometric pressure, shall take place 24 hours a day at a frequency approved by the Department for the duration of the monitoring program, unless the Department approves an alternate monitoring schedule;

ii. All hydrogen sulfide and meteorological data shall be continuously logged based on the measurement intervals of the sensors that generate the data unless another recording frequency is approved by the Department;

iii. All hydrogen sulfide and meteorological data shall be made accessible via a website that is created and maintained by the owner or operator of the sanitary landfill, and is updated at least hourly unless a different reporting method is approved by the Department;

iv. A written summary report shall be provided to the Department no less frequently than the 15th day of each calendar month for all monitoring results generated in the prior calendar month or in accordance with a schedule approved by the Department. The report shall be sufficient to provide the Department with the information necessary to determine the maximum hydrogen sulfide concentrations measured at and beyond the property line of the landfill. The report shall also identify any exceedances of the hydrogen sulfide standard and the actions taken to mitigate and eliminate the potential for hydrogen sulfide emissions that result in a violation of N.J.A.C. 7:27-5.2, or an exceedance of the standard in N.J.A.C. 7:27-7.3;

v. Monitoring instruments shall be operated in accordance with manufacturer's specifications;

vi. Monitoring shall meet the quality assurance requirements of 40 CFR Part 58, Appendix A, incorporated herein by reference, unless different requirements are approved by the Department in accordance with N.J.A.C. 7:26-2A.7(h)10 iii;

vii. Monitoring procedures and documentation shall be subject to audit by the Department or its designee, and equipment shall be subject to independent verification by the Department or its designee; and

viii. The monitoring program shall continue until such time as the Department determines that monitoring is no longer necessary based on the monitoring results and the factors in N.J.A.C. 7:26-2A.7(h)10.

(i) All sanitary landfills shall submit an annual topographic survey of all areas of the sanitary landfill. The topographic survey shall be made between January 1 and March 31 of each year and submitted on or before May 1 of each year in accordance with the following:

1. The topographic survey shall be prepared in accordance with the Map Filing Law, N.J.S.A. 46:23-9.9 et seq., and shall be depicted at the same scale and contour intervals as the approved engineering site plan design;

2. All vertical and horizontal points all be located utilizing Third Order, Class I for property survey and Third Order, Class II from remaining points in accordance with the "Classification Standards of Accuracy and General Specification of Geodetic Control Survey" published by the U.S. Department of Commerce, 1980. Contour elevations and vertical and horizontal locations shall be based on the National Geodetic Vertical Coordinate Datum (Mean Sea Level Datum) and keyed into the New Jersey Plane Coordinate Datum, 1983;

3. The topographic survey shall delineate, at a minimum the following:

i. The vertical and horizontal control monuments and secondary control points installed in accordance with N.J.A.C. 7:26-2A.7(a)2 or N.J.A.C. 7:26-2A.8(a)1 xxxiii, delineating X (east) and Y (north) coordinates and elevations;

ii. All groundwater monitoring wells and piezometer delineating X (east) and Y (north) coordinates and elevations;

iii. The property lines of the sanitary landfill properties;

iv. The boundary lines of the approved landfill areas;

v. The boundary of areas currently being landfilled and which have been landfilled since the last topographic survey was submitted;

vi. The boundary of the areas which have not been landfilled within the approved landfill area;

vii. The boundary of the areas where final cover has been placed;

viii. The topographic survey shall be prepared by a licensed New Jersey Land Surveyor and the topographic survey report shall be certified by a licensed New Jersey Professional Engineer; and

ix. Information from previous annual topographic surveys may be reproduced in a current annual topographic submission provided that no change to any of (i)3i through vii above has occurred.

4. A report shall be submitted with the topographic survey which shall describe, with sufficient calculations clearly notated, the following:

i. The solid waste disposed of at the landfill since the last topographic survey. This quantity shall be reported in tons for landfills with scales and in cubic yards for landfills exempted from installing scales.

ii. The number of trucks which disposed of waste since the last topographic survey;

iii. The solid waste disposed of at the landfill since commencement of landfilling operations. This quantity shall be reported in cubic yards;

iv. The volume of daily and intermediate cover applied since the last topographic survey. This quantity shall be reported in cubic yards;

v. The volume of final cover applied since the last topographic survey. This quantity shall be reported in cubic yards;

vi. The in-place compaction achieved since the last topographic survey. This quantity shall be reported in pounds per cubic yard; and

vii. The remaining capacity of the landfill excluding final cover volume. This quantity shall be reported in cubic yards.

5. Closed sanitary landfills are exempt from the requirements of this subsection. For the purposes of this exemption, "closed" means the termination of all operations at the landfill and initiation of closure activities pursuant to N.J.A.C. 7:26-2A.9.

(j) Approval of and standards for disruption of landfills shall be in accordance with the following:

1. Written approval for disruptions shall be obtained from the Department prior to any excavation, disruption, relocation, or removal of any deposited material, which may or may not involve solid waste, from either an active, terminated, or closed sanitary landfill. Specific guidance for the preparation of an application for disruption approval is provided in the Department's Technical Manual for Sanitary Landfill Permits and Approvals. For the purposes of this section, disruptions are defined as follows:

i. Minor disruption means the performance of a site investigation at a landfill for the purpose of gathering and evaluating information about the landfill's environmental or physical properties. Minor disruptions include, but are not limited to, the performance of soil borings and test pits, methane gas surveys, and installation of piezometers and observation wells.

ii. Major disruption means the construction of buildings, roadways, parking areas and other site improvements on top of a landfill.

iii. In cases where the landfill owner and/or operator has submitted documentation and received prior approval from the Department in the form of a revised or renewed solid waste facility permit, closure and post-closure plan approval or other approval for specific construction activities, a separate disruption approval shall not be required.

2. All requests for approval shall include an operational plan stating the area involved, the depth of the excavation with final grades, estimated cubic yards of material to be excavated, the site where excavated material is to be redeposited, and the estimated time required for completion of excavation procedures;

3. All excavation shall be confined to an area consistent with the number of pieces of digging equipment or trucks used for haulage. The area of excavation shall be kept to the smallest practical area;

4. Adequate measures shall be taken during excavation to control dust, odors, fires, rodents, insects, blowing litter, surface water run-on, and erosion;

5. The disposal of all solid waste resulting from the excavation shall be in conformance with the requirements of N.J.A.C. 7:26-2.11;

6. Disruption activities shall be overseen by a New Jersey licensed professional engineer; and

7. The person conducting the disruption activity shall submit reports to the Department meeting the following requirements:

i. During the period of disruption activities, quarterly reports describing the progress of the disruption activities shall be submitted. The report shall be submitted within 15 days after the end of each calendar quarter;

ii. Within 30 days of completion of disruption activities, a final report shall be submitted. The final report shall include, but not be limited to, a narrative describing the disruption activities and the results of any investigations, data generated during any investigatory work, such as boring logs and sampling results, and as-built drawings of any construction activity; and

iii. The reports required by (j)7i and ii above shall be certified by a New Jersey licensed professional engineer. In addition to certifying the content of the report, the professional engineer shall certify that all provisions and prohibitions of the disruption approval were complied with during disruption activities.

(k) Control of smoking, smoldering or burning landfills shall be in accordance with the following:

1. In case of a fire on an active sanitary landfill, the responsibility for fire control shall lie with the SWF permit holder. In case of a fire on a terminated, closed or unpermitted landfill, the responsibility for fire control shall lie with the person having the title to the premise upon which the fire is located;

2. The owner or operator of any landfill wherein smoldering, smoking or burning is occurring shall immediately notify the local police and fire department having jurisdiction and the Department hot-line 1-877-WARNDEP;

3. The owner or operator of any active landfill shall be responsible for initiating and continuing fire-fighting actions until all smoldering, smoking and burning ceases;

4. The owner or operator of any landfill shall seek and obtain fire-fighting assistance if smoldering, smoking or burning persists for longer than 24 hours;

5. The owner or operator of any landfill shall not conduct disposal activities within the burning area. Precautions shall be taken to prevent disposal activities from interfering with fire-fighting activities; and

6. Any disruption of the finished grade or covered surface shall be repaired and recovered upon completion of fire-fighting activities.

(l) Rules concerning the disposal of asbestos and asbestos-containing waste material in sanitary landfills follow:

1. The owner and/or operator of a sanitary landfill shall only accept and dispose of asbestos and asbestos-containing waste materials which have been managed in accordance with N.J.A.C. 7:26-2.12(a).

2. All asbestos and asbestos-containing waste materials accepted for disposal at a sanitary landfill shall be disposed of in the following manner:

i. Owners and/or operators of new landfills accepting asbestos or asbestos-containing waste materials shall meet the following requirements:

(1) The owner and/or operator of the landfill shall develop a separate area of the landfill, apart from other waste disposal areas, for disposal of asbestos and asbestos-containing waste materials. It is recommended that the asbestos disposal area be operated by a trench method, with sufficient width and ramping to allow the transport vehicle to back up to or into the trench to allow for proper unloading of the asbestos and asbestos-containing waste materials in a manner that prevents the rupture of the containers during the unloading operation.

(2) Upon acceptance of the waste, the asbestos disposal area shall immediately be prepared. After unloading, the asbestos and asbestos containing waste materials shall be immediately covered with daily cover. To prevent disturbance of the buried asbestos and asbestos containing waste, truck traffic shall be excluded from the active asbestos disposal area.

(3) In areas in which asbestos and asbestos-containing waste materials has been previously deposited, as required by (l)2i(2) above, the current working face may be prepared by removal of cover material; however, no previously deposited asbestos and asbestos-containing waste materials shall be exposed and a minimum of six inches of cover material shall be maintained between the cells. After unloading, the asbestos and asbestos-containing waste materials shall be immediately covered with a minimum of three feet of daily cover.

(4) The final cover of the asbestos disposal area shall be a minimum of three feet of soil and shall be sufficient to minimize infiltration into the asbestos and asbestos-containing waste materials. The final slopes shall be graded to facilitate run-off away from the asbestos disposal area.

(5) The final cover shall be seeded and maintained to prevent erosion and exposure of the asbestos and asbestos-containing waste materials.

ii. Owners and/or operators of existing landfills shall comply with one of the following two options for disposal of asbestos and asbestos-containing waste materials:

(1) The owner or operator of the landfill may develop a separate area of the landfill for asbestos and asbestos-containing waste disposal, prepared and operated as required by (l)2i above; or

(2) A separate excavation may be prepared in the working face of the landfill. The excavation shall be of sufficient width and depth so as to allow the asbestos and asbestos-containing waste materials to be deposited such that a minimum of three feet of earth or other cover material may be placed between the top of the waste deposited and the top surface of the working face. A written notice must be recorded along with the deed for the landfill property, for all landfilled areas, with the appropriate county recording office, notifying future owners of the property that asbestos has been disposed in the landfill and that disruption or excavation is expressly prohibited under (l)2v below.

iii. The asbestos and asbestos-containing waste materials deposited in the disposal areas described in (l)2i and ii above, shall immediately be covered with three feet of earth or other approved cover material in a manner that prevents the rupture of the containers during the burying operation.

iv. For disposal areas identified in (l)2i and (l)2ii(1) above, a detailed metes-and-bounds description of the asbestos disposal area shall be recorded, along with the deed for the landfill property, with the appropriate county recording office, notifying future owners of the property that disruption or excavation is expressly prohibited pursuant to (l)2v below. This description shall also include the depths of asbestos and asbestos-containing waste materials and cover material and shall remain in the record in perpetuity.

v. For disposal areas identified in (l)2i and ii above, the intermediate and/or final landfill cover may not be disrupted, except as required for pollution control or remedial action, in which case such disruption must be managed in compliance with State regulations and 40 C.F.R. Part 61 governing the removal, disposal or other handling of asbestos or asbestos-containing waste materials.

vi. No person may enter an asbestos disposal area at a landfill during the unloading and covering of asbestos and asbestos-containing waste materials without wearing a respirator approved for asbestos by the National Institute for Occupational Safety and Health and the Mine Safety and Health Administration. This equipment shall be provided and maintained in good working order by the landfill owner and/or operator for its employees.

vii. With the approval of the Department, the owner and/or operator of the landfill may establish a secured drop-off and/or transfer area for the acceptance of asbestos and asbestos containing waste materials (ACWM) separate and apart from the disposal areas described in (l)2i and ii above. The owner and/or operator shall ensure that the container used for drop-off and/or transfer is fully enclosed and located on an impermeable surface. No person other than facility personnel or a licensed commercial asbestos removal contractor may load the asbestos or asbestos-containing waste materials into the container used for drop-off and/or transfer.

3. Either there shall be no visible air emissions during or after acceptance and disposal to the outside air from any active waste disposal site where asbestos-containing waste material has been deposited, or the requirements of (l)3i or ii below shall be met.

i. Rather than meet the no visible emission requirement of this paragraph, the owner and/or operator of the sanitary landfill shall ensure that the asbestos or asbestos-containing waste material that has been deposited at the site shall:

(1) Be covered with at least six inches of compacted non-asbestos-containing material; or

(2) Be covered with a resinous or petroleum-based dust suppression agent that effectively binds dust and controls wind erosion. Such an agent shall be used in the manner and frequency recommended for the particular dust by the dust suppression agent manufacturer to achieve and maintain dust control. Other equally effective dust suppression agents may be used upon prior approval by the Department. For purposes of this paragraph, any used, spent, or other waste oil is not considered a dust suppression agent.

ii. Rather than meet the no visible emission requirement of this paragraph, the owner and/or operator of the sanitary landfill may use an alternative emissions control method that has received prior written approval by the Department.

4. The requirements in this subsection do not apply to asbestos and asbestos containing waste materials generated in a renovation or demolition project wherein the total project involves less than 260 feet of asbestos-coated pipe or less than 160 square feet of asbestos-coated surface, such as ducts, boilers, tanks, structural members and the like.

N.J. Admin. Code § 7:26-2A.8

Amended by 47 N.J.R. 991(a), effective 5/18/2015.

Amended by 49 N.J.R. 2935(a), effective 9/5/2017

Administrative Change, 55 N.J.R. 1922(b), effective 7/31/2023