W. Va. Code R. § 33-1-4

Current through Register Vol. XLI, No. 50, December 13, 2024

Section 33-1-4 - Landfill Performance Standards

4.1. Enforcement of Landfill Performance Standards. -- Enforcement of the performance standards in section 4 of this rule must be conducted in accordance with the provisions of W. Va. Code § 22-15-1, et seq.

4.2. Solid Waste Assessment Fees. -- Permittees are required under the provisions of W. Va. Code § 22-15-11 and 110CSR6A to pay solid waste assessment fees.

4.3. Landfill Manager Training and Certification.

4.3.a. Qualifications. -- Operation of every commercial solid waste disposal facility "landfill" must be conducted under the direction of an individual who has authority and knowledge to make and implement decisions regarding operating conditions at the facility (called in this subdivision an "individual in responsible charge") and who has attended and successfully completed a course of instruction in solid waste management procedures and practices. Such course of instruction must be approved in writing by the Secretary.

4.3.b. Applicability. -- Individuals in responsible charge of existing or new landfills and new individuals in responsible charge of existing landfills must be certified landfill managers by attending and successfully completing a course of instruction.

4.3.c. Instruction Course Criteria. -- An approved course of instruction must include at a minimum, the role of sanitary landfills in integrated solid waste management, basics of site selection, complying with design requirements, waste acceptance and screening, leachate management, landfill gas management, landfill operational techniques, environmental/operational and permit compliance inspections, field exercise and homework assignment, landfill economics, closure and post-closure care, state/federal regulations, permitting requirements and a written examination sanctioned by an internationally recognized certification organization or an accredited college or university program.

4.3.d. Certificate Requirement. -- Successful completion of an approved course of instruction by an individual in responsible charge must include passing the written examination and the award of a certificate as a certified manager; and

4.3.d.1. The individual must demonstrate that he or she has remained current in the field of solid waste management by attending at least thirty (30) contact hours of continuing education every three (3) years and providing proof thereof upon request.

4.4. Operating Record. -- Every facility must develop and maintain, on site, or at an alternative location approved by the Secretary an operating record that contains the information listed in this section. New facilities must have a record in place on the first day of business operations. The record must include a table of contents that outlines by section, title and page number the discussion required by this rule.

4.4.a. General Information. -- The items listed in this subdivision may be waived if those items are included in the facility permit, renewals, modifications and other similar permit documents or application thereto, provided that the permit and/or application must be kept in the operating record file including:

4.4.a.1. The facility title;

4.4.a.2. The engineering consultants;

4.4.a.3. The name and address of the facility owner and the name of the facility operator, the permit holder or permittee;

4.4.a.4. The location of the facility by latitude and longitude and county;

4.4.a.5. The proposed area of waste fill;

4.4.a.6. The anticipated life of the facility and its disposal capacity;

4.4.a.7. The waste contributors, including all municipalities and major commercial and industrial customers;

4.4.a.8. The waste type and quantity and source to be disposed; and

4.4.a.9. Any exemptions requested from the Department.

4.4.b. Monitoring. -- The record must include a description of required groundwater, surface water, gas, unsaturated zone, and leachate monitoring programs developed in accordance with the approved Q.A./Q.C. plan and the provisions of subsection 4.4 of this rule, including:

4.4.c. Operations. -- The record must describe the daily operations of the facility including a discussion of the following items:

4.4.c.1. The timetable for the phases of facility development;

4.4.c.2. The waste types accepted or excluded;

4.4.c.3. Typical waste handling techniques and methods for handling unusual waste types;

4.4.c.4. Procedures for excluding the receipt of hazardous waste;

4.4.c.5. The hours of operation;

4.4.c.6. Traffic routing;

4.4.c.7. Drainage and erosion controls;

4.4.c.8. Windy, wet, and cold weather disposal operations;

4.4.c.9. Fire protection equipment;

4.4.c.10. Anticipated staffing requirements;

4.4.c.11. Methods for disease vector, dust, and odor control;

4.4.c.12. Daily clean-up;

4.4.c.13. Direction of filling;

4.4.c.14. Salvaging;

4.4.c.15. Recordkeeping and reporting requirements as follows:

4.4.c.15.A. The permittee must record, retain and maintain copies of the documents listed in this paragraph in the facility operating record, and all information contained in the operating record must be furnished upon request to the Secretary or be made available at all reasonable times for inspection by the Secretary. Those documents include, but are not limited to the following:

4.4.c.15.A.1. Any location standard demonstrations required by subsections 3.1 and 3.2 of this rule;

4.4.c.15.A.2. A listing of any inspection records, training procedures, and notification procedures required by subparagraph 4.6.a.1.F of this rule;

4.4.c.15.A.3. Gas Monitoring results from monitoring and any remediation plans developed in accordance with subsection 4.10 of this rule;

4.4.c.15.A.4. Design documentation for the placement of leachate or gas condensate in the SWLF as required by subdivision 4.13.c of this rule;

4.4.c.15.A.5. Any demonstration, certification, finding, monitoring, testing, or analytical data required by subsection 4.11 of this rule;

4.4.c.15.A.6. Any closure and post-closure care plans and any monitoring, testing or analytical data as required by subsection 4.11 and/or section 6 of this rule;

4.4.c.15.A.7. Any cost estimates and financial assurance documentation required by subdivision 3.7.j and subsection 3.13 of this rule;

4.4.c.15.A.8. Any other demonstration, certification, finding, monitoring, testing, or analytical data required by this rule;

4.4.c.15.B. Alternative Recordkeeping.

4.4.c.15.B.1. The Secretary can set alternative schedules for recordkeeping and notification requirements as specified in subdivision 4.4.c, except for the notification requirements in paragraph 3.2.g.2 and subparagraph 4.11.c.7.A.

4.4.c.16. Parking for visitors, users, and employees;

4.4.c.17. A listing of the backup equipment available; and

4.4.c.18. A listing of local emergency response personnel.

4.4.d. Design. -- A general discussion of the design of the major engineering features, such as base grade configuration and relationships to subsurface conditions, anticipated waste types and characteristics, phases of development, traffic routing, liner design, facility monitoring, final capping, closure, long-term post-closure care and other similar design features.

4.4.e. Appendix. -- An appendix must be included that lists the references used and includes any additional data not previously presented, supplemental design calculations, material specifications, operating agreements such as draft leachate treatment agreements or signed soil borrow agreements, documents related to long-term post-closure care funding, and other appropriate information.

4.5. Minimum Design Criteria for Landfills.

4.5.a. Design Capacity. -- The minimum design capacity of a landfill must equal or exceed the expected volume of solid waste and daily and intermediate cover that will be disposed of at the facility within ten (10) years after operations begin. Expansions of existing facilities are not subject to the ten (10)-year minimum design capacity requirement.

4.5.b. Drainage and Sediment Control Plan.

4.5.b.1. Stream Channel Diversions.

4.5.b.1.A. Design Capacity.

4.5.b.1.A.1. The design capacity of channels for temporary and permanent channel diversions must be at least equal to the capacity of the unmodified stream channel immediately upstream and downstream of the diversion.

4.5.b.1.A.2. The temporary and permanent channel diversions must be designed so that the combination of channel, bank, and floodplain configuration is adequate to pass safely the peak runoff of a twenty-five (25)-year, twenty-four (24)-hour storm for a temporary channel diversion and a one hundred (100)-year, twenty-four (24)-hour storm for a permanent channel diversion.

4.5.b.1.B. Removal of Temporary Diversions. -- Temporary channel diversions must be removed when they are no longer needed to achieve the purpose for which they were approved, as long as downstream facilities that were being protected are modified or removed.

4.5.b.1.C. Stream Channel Specifications. -- The drainage and sediment control plan must contain the following plans, design data, and specifications concerning stream channels:

4.5.b.1.C.1. A "stream channel design computation sheet" to be completed for each proposed temporary or permanent stream channel diversion;

4.5.b.1.C.2. Construction plans showing:

4.5.b.1.C.2.(a) A plan view of the area showing centerline profiles of existing stream channel and proposed location of the temporary or permanent stream channel (drawn to scale);

4.5.b.1.C.2.(b) Profiles along the centerline of the existing and temporary or permanent stream channel showing original ground, proposed and existing stream bottom (drawn to scale);

4.5.b.1.C.2.(c) A cross-section showing original ground limits, bottom width, side slopes, depth of flow, floodplain configuration; and

4.5.b.1.C.2.(d) A detailed sequence of the installation of temporary or permanent stream channel diversions;

4.5.b.1.C.3. Construction specifications; and

4.5.b.1.C.4. Maintenance schedule and procedures for maintenance.

4.5.b.2. Diversions.

4.5.b.2.A. Run-on Control System.

4.5.b.2.A.1. Permittees of all SWLFs must design, construct, operate, and maintain:

4.5.b.2.A.2. A run-on control system capable of preventing flow onto any part of the disposal area including the active portion of the SWLF.

4.5.b.2.B. Design Capacity. -- The run-on control system must have the capacity to pass safely the peak discharge from the contributing watersheds from a twenty-five (25)-year, twenty-four (24)-hour storm.

4.5.b.2.C. Diversion Specifications. -- The drainage and sediment control plan must contain the following plans, design data, and specifications concerning diversions:

4.5.b.2.C.1. A "Diversion Design Computation Sheet" must be completed for each proposed diversion;

4.5.b.2.C.2. Construction plans showing:

4.5.b.2.C.2.(a) A profile based upon survey along the centerline of the diversion showing original ground line and proposed diversion bottom;

4.5.b.2.C.2.(b) A channel cross-section showing the original ground line, bottom width, side slopes, depth of flow, freeboard, and other pertinent information drawn to scale;

4.5.b.2.C.2.(c) The type of soil in which the diversion will be excavated. Either the soil must be sampled and classified at intervals of five hundred (500) feet or a demonstration of erosion potential based on existing soils information must be made; and

4.5.b.2.C.2.(d) The type and design of the outlet proposed for each diversion;

4.5.b.2.C.3. Maintenance schedule and procedures for maintenance; and

4.5.b.2.C.4. Construction and vegetation specifications.

4.5.b.3. Sediment Control. -- Sediment control structures must be constructed in appropriate locations in order to control sedimentation. All runoff from the disturbed area must pass through a sedimentation pond or ponds. All sediment control structures must be designed, constructed, and maintained in accordance with the specifications contained in the U.S. Soil Conservation Service's "Erosion and Sediment Control Handbook for Developing Areas in West Virginia," unless the Secretary approves the use of an equivalent handbook of guidance or as otherwise specified in this rule. Temporary erosion and sediment control measures must be implemented during construction until permanent sedimentation control can be established.

4.5.b.3.A. Design and Construction Requirements.

4.5.b.3.A.1. All sediment control structures must be designed, constructed and certified prior to the commencement of any earthmoving or grading activities in upgradient areas that may contribute runoff to such control structures. Any change to the approved control structures made during construction must be indicated on "as-built" plans showing the approved design, the changes made, and surveyed reference points. All "as-built" plans must be submitted to the Secretary.

4.5.b.3.A.2. All sediment control structures must be located as near as possible to the disturbed area. All sediment control structures must be located out of perennial streams unless otherwise approved by the Secretary.

4.5.b.3.A.3. All sediment control structures must have a sediment capacity of 0.125 acre-feet for each acre of disturbed area in the structure's watershed. In addition to the sediment capacity, the sediment control structure must have the detention capacity to store a two (2)-year, twenty-four (24)-hour frequency storm. The water stored from this storm must be released through a nonclogging dewatering device that allows the stored volume of water to be evacuated within a seven (7)-day to eight (8)-day period. The elevation of the nonclogging dewatering device must not be lower than the maximum elevation of the designed sediment storage volume and also satisfy the storm water provisions of the Federal Clean Water Act as reflected in W. Va. Code § 22-11-1, et seq., and any rules promulgated thereunder.

4.5.b.3.A.4. All discharges from sediment control structures must not cause a violation of State and Federal water quality standards and must meet all effluent limitations as reflected in W. Va. Code § 22-11-1, et seq. and any rules promulgated thereunder.

4.5.b.3.A.5. All sediment control structures must be designed, constructed, and maintained to prevent short-circuiting.

4.5.b.3.A.6. All sediment control structures must be cleaned out when the sediment accumulation reaches sixty percent (60%) of the design sediment capacity. The clean-out elevation must be indicated on the plans submitted for the structure. Sediment removal and disposal must be done in a manner that minimizes adverse effects on surface water and groundwater quality.

4.5.b.3.A.7. All sediment control structures must be designed, constructed, and maintained to meet the following safety standards:

4.5.b.3.A.7.(a) An adequate structural foundation must be provided for all structures through the clearing of trees and brush and the exclusion of organic material. Earthen materials used in the construction must be free of trees, roots, brush, frozen soil, organic materials, coal processing materials, construction waste, and other debris. All earthen materials must be properly compacted to prevent excessive settlement.

4.5.b.3.A.7.(b) Sediment control structures must provide a combination of principal and emergency spillways that will safely discharge a minimum twenty-five (25)-year, twenty-four (24)-hour storm without overtopping of the structure. There must be no outflow through the emergency spillway during the passage of a ten (10)-year, twenty-four (24)-hour frequency storm through the sediment control structure. All spillways must discharge an adequate distance beyond the downstream toe of the structure to a natural drainway to prevent erosion of the downstream toe.

4.5.b.3.A.7.(c) The contributing drainage area(s) for a sediment control structure must not exceed two hundred (200) acres.

4.5.b.3.A.7.(d) The minimum diameter of the principal spillway and the discharge conduit must be twelve (12) inches.

4.5.b.3.A.7.(e) A minimum difference in elevation of one (1) foot between the crest of the principal spillway and the crest of the emergency spillway must be provided. A minimum difference in elevation of one (1) foot of freeboard between the maximum design flow elevation in the emergency spillway and the top of the settled embankment must be provided.

4.5.b.3.A.7.(f) The vertical distance between the lowest point along the centerline of the sediment control structure and the top (crest) of the sediment control structure must not exceed twenty-five (25) feet.

4.5.b.3.A.7.(g) Appropriate barriers must be provided to control seepage along the conduits that extend through the embankment.

4.5.b.3.A.7.(h) All inspection reports and engineering certifications must be provided to the Secretary.

4.5.b.3.A.7.(i) The sediment control structure must possess a minimum embankment width of ten (10) feet.

4.5.b.3.A.7.(j) The embankment must be designed and constructed with a minimum static safety factor of 1.5.

4.5.b.3.A.7.(k) The embankment must be stabilized and revegetated upon construction.

4.5.b.3.A.8. Sediment control structures must be inspected and closed in accordance with section 6 of this rule.

4.5.b.3.A.9. Any sediment control structure that is an artificial barrier or obstruction, including any works appurtenant to it and any reservoir created by it, which is or will be placed, constructed, enlarged, altered or repaired so that it does or will impound or divert water and:

4.5.b.3.A.9.(a) Is or will be twenty-five (25) feet or more in height from the natural bed of the stream or watercourse measured at the downstream toe of the barrier and that does or can impound fifteen (15) acre-feet or more of water; or

4.5.b.3.A.9.(b) Is or will be six (6) feet or more in height from the natural bed of the stream or watercourse measured at the downstream toe of the barrier and that does or can impound fifty (50) acre-feet or more of water or is, by definition, a "dam" as defined in W. Va. Code § 22-14-3(e) is subject to regulation under the provisions of the West Virginia Dam Control and Safety Act, W. Va. Code, § 22-14-1, et seq.

4.5.b.3.A.10. Discharge Structures. -- Discharge from temporary or permanent sediment control structures, diversions, or stream channel diversions must be controlled by energy dissipaters, riprap channels or other devices approved by the Secretary to reduce erosion, to prevent deepening or enlargement of stream channels, and to minimize disturbance of the hydrologic balance. Discharge structures must be designed in accordance with standard engineering procedures.

4.5.b.3.B. Abandonment Procedures. -- Minimum requirements for abandoning sediment control structures prior to total release of a bond are as follows:

4.5.b.3.B.1. Excavated Sediment Pond (Dugout Type). -- There is no required abandonment procedure for excavated ponds unless they have an embankment. If they have an embankment, they must follow the abandonment procedures outlined in part 4.5.b.3.B.2 of this rule.

4.5.b.3.B.2. Embankment-Type Sediment Control Structures; Embankment-Type Excavated Sediment Control Structures; Crib and Gabion Control Structures. -- Sediment control structures and all accumulated sediment above the structure must be removed from the natural drainway if they are built across it. Sediment control structures adjacent to natural drainways must be abandoned by diverting the entrance channel to the natural drainways, providing that vegetation has been established on-site, thus preventing any future surface runoff from entering the abandoned sediment control structure. When sediment control structures are removed, the natural drainway must be returned to its original profile and cross-section as near as practical. An original profile and cross-section view for the channel must be submitted with the drainage plan. The channel sides and bottom must be rock riprap. The riprap must extend up to the top of the channel. The riprap requirement may be waived where the bottom and sides of the channel consist of bedrock. Provisions must be made to control sediments during removal of the sediment control structure and any necessary stream channel work.

4.5.b.3.B.3. Revegetation of Disturbed Areas. -- All areas disturbed during abandonment of a sediment control structure must be seeded and mulched immediately to revegetate and stabilize the disturbed areas.

4.5.b.4. Run-off Control System.

4.5.b.4.A. All permittees must design, construct, operate, and maintain a run-off control system capable of flow collections and controlling from any portion of the landfill to collect and control at least the water volume resulting from a twenty-four (24)-hour, twenty-five (25)-year storm.

4.5.b.4.B. Run-off from all portions of the landfill, including the active portion, must be handled in accordance with the Act, the Water Pollution Control Act and the rules promulgated thereunder.

4.5.c. Access Roads.

4.5.c.1. Access Road Construction Plans. -- Construction plans for an access road (i.e., a road used for facility access or for the haulage of solid waste to the facility) must contain the following:

4.5.c.1.A. A plan view drawn to scale showing the station baseline, the location of each culvert with the drainage flow direction, the location of each intermittent or perennial stream with its flow direction, and other data pertinent to the construction of the access road.

4.5.c.1.B. A profile based upon survey drawn to scale (the scale should be no greater than 1 inch = 100 feet horizontal and 1 inch = 50 feet vertical) showing the road surface, the location and size of culverts, station elevations, original ground, and percent grades.

4.5.c.1.C. A cross-section of the access road showing culverts and their slopes, fill materials, original ground, ditches, and sediment control devices.

4.5.c.1.D. A structure computation sheet and a cross-section showing all data pertinent to the crossing of each intermittent or perennial stream.

4.5.c.1.E. Construction specifications -- covering excavation, selection and placement of materials, vegetative protection against erosion, road surfacing, drainage, and sediment control -- that incorporate the design criteria set forth in paragraph 4.5.c.2 of this rule.

4.5.c.1.E.1. All grades referred to in paragraph 4.5.c.2 of this rule must be subject to a tolerance of two percent (2%). All linear measurements referred to in paragraph 4.5.c.2 of this rule must be measured from the horizontal and must be subject to a tolerance of five percent (5%).

4.5.c.1.E.2. All primary access roads for the facility, including those leading to the active area, must be designed for all-weather operation in accordance with standards of the West Virginia Division of Highways.

4.5.c.2. Access Road Construction.

4.5.c.2.A. Grades. -- The grading of an access road must be such that:

4.5.c.2.A.1. The overall grade must not exceed ten percent (10%).

4.5.c.2.A.2. The maximum pitch grade must not exceed fifteen percent (15%) for three hundred (300) feet in each one thousand (1,000) feet of road construction. The intersection of the access road with an existing highway must be designed to provide sufficient sight distance and minimum interference with traffic on the highway.

4.5.c.2.A.3. The surface must pitch toward the ditchline at a minimum rate of one-half (1/2) inch per foot of surface width or crowned at the minimum rate of one-half (1/2) inch per foot of surface width as measured from the centerline of the access road.

4.5.c.2.B. Curves. -- The grade on switchback curves must be reduced to less than the approach grade and must not be greater than ten percent (10%);

4.5.c.2.C. Cut Slopes. -- Cut slopes must not be steeper than 1:1 in soils or 1:4 in rock.

4.5.c.2.D. Drainage Ditches. -- After the effective date of this rule, newly designed ditches must be provided on both sides of a throughcut and on the inside shoulder of a cutfill section, with ditch relief culverts being spaced according to grade. Water must be intercepted or directed around and away from a switchback. All ditchlines must be capable of passing the peak discharge of a twenty-five (25)-year, twenty-four (24)-hour storm. Where superelevation to the inside of a curve will improve the safety of the access road, such as in the head of a hollow, a ditchline may be located on the outside shoulder of the cutfill section, provided that the ditchline is designed so that it will remain stable and that drainage control in accordance with the Act is also provided for water on the outside of the curve.

4.5.c.2.E. Drainage Culverts. -- Ditch relief culverts must be installed wherever necessary to ensure proper drainage of surface water beneath or through the access road.

4.5.c.2.E.1. Culverts must be installed in accordance with the following spacings:

4.5.c.2.E.1.(a) For a road grade of zero to five percent (0% to 5%), the spacing must be three hundred to eight hundred (300 to 800) feet;

4.5.c.2.E.1.(b) For a road grade of five to ten percent (5 to 10%), the spacing must be two hundred to three hundred (200 to 300) feet; and

4.5.c.2.E.1.(c) For a road grade of ten to fifteen percent (10 to 15%), the spacing must be one hundred to two hundred (100 to 200) feet.

4.5.c.2.E.2. Culverts must cross the access road at a thirty (30) degree angle downgrade with a minimum grade of three percent (3%) from inlet to outlet, except in the conveyance of intermittent or perennial streams where the pipe must be straight and coincide with the normal flow.

4.5.c.2.E.3. The inlet end of each culvert must be protected by a headwall of stable material as approved by the Secretary and the slope at the outlet end must be protected with an apron of rock riprap, energy dissipater, or other material approved by the Secretary.

4.5.c.2.E.4. Culverts must be covered by compacted fill to a minimum depth of one (1) foot or one-half (1/2) of the culvert inside diameter, whichever is greater.

4.5.c.2.E.5. Alternative culvert designs may be submitted to the Secretary for approval in cases where the design criteria in subparagraph 4.5.c.2.E of this rule is deemed to be impractical.

4.5.c.2.F. Culvert Openings. -- After the effective date of this rule, newly designed culvert openings installed on an access road must be at least twelve (12) inches in diameter, or equivalent area, but, in any event, all culvert openings must be of adequate capacity to carry the peak discharge capacity of a twenty-five (25)-year, twenty-four (24)-hour storm from the contributing watershed and must receive necessary maintenance to function properly at all times.

4.5.c.2.G. Intermittent or Perennial Stream Crossing. -- After the effective date of this rule, newly designed culverts, bridges, or other drainage structures must be used to cross intermittent or perennial streams. Consideration must be given to such factors as weather conditions, season of the year, and time period for construction with regard to using measures to minimize adverse effects to the water quality and stream channel. In no event may the sediment load of the stream be significantly increased or the water quality be significantly decreased during the construction period. Water control structures must be designed with a discharge capacity capable of passing, at a minimum, the peak runoff of a twenty-five (25)-year, twenty-four (24)-hour storm from the contributing watersheds. If approved by the Secretary, the capacity of the water control structure itself can be at least equal to or greater than the stream channel discharge capacity immediately upstream and downstream of the crossing, provided the structure can pass at least a twenty-five (25)-year, twenty-four (24)-hour storm.

4.5.c.2.H. Revegetation of Slopes. -- All disturbed area, including fill and cut slopes, must be revegetated by the use of seed and mulch immediately after the construction of an access road, unless approved by the Secretary, and that revegetation must be maintained thereafter as necessary to control or prevent erosion.

4.5.c.2.I. Surfacing. -- An access road must not be surfaced with any acid-producing or toxic materials and the surface must be maintained in a manner that controls or prevents erosion and siltation.

4.5.c.3. Removal of Drainage Structures. -- Bridges, culverts, and stream crossings necessary to provide access to the facility must not be removed until reclamation is completed and approved by the Secretary. The same precautions as to water quality are to be taken during removal of drainage structures as those taken during construction and use.

4.5.c.4. Existing Access Roads. -- Where existing roads are to be used for access or haulage, the requirements of subparagraphs 4.5.c.2.A through 4.5.c.2.E of this rule may be waived by the Secretary if it can be demonstrated that reconstruction to meet the requirements of subdivision 4.5.c of this rule would result in greater environmental harm than is produced by existing conditions and that the drainage requirements in paragraph 4.5.c.2 of this rule can otherwise be met.

4.5.c.5. Infrequently Used Access Roads. -- Access roads constructed for and used only to provide infrequent service to facilities, such as monitoring devices, may be exempted by the Secretary from compliance with the requirements of subparagraphs 4.5.c.2.A, 4.5.c.2.H and 4.5.c.2.I of this rule.

4.5.c.6. Dust Control. -- All reasonable means must be employed to control dust from the surface of access roads, including those statutes, rules and regulations of the Division of Air Quality.

4.5.c.7. Abandonment of Access Roads. -- Access roads must be abandoned in accordance with the following:

4.5.c.7.A. Every effort must be made when an access road is abandoned to prevent erosion by the use of culverts, water bars, or other devices. Water bars or earth berms must be installed in accordance with the following spacings;

4.5.c.7.A.1. For a grade of zero to five percent (0% to 5%), the spacing must be three hundred to eight hundred (300 to 800) feet;

4.5.c.7.A.2. For a grade of five to ten percent (5% to 10%), the spacing must be two hundred to three hundred (200 to 300) feet; and

4.5.c.7.A.3. For a grade of ten to fifteen percent (10% to 15%), the spacing must be one hundred to two hundred (100 to 200) feet.

4.5.c.7.B. The land covered by an access road must be revegetated by the use of seed and mulch immediately after the abandonment of the road, unless approved by the Secretary, in accordance with subdivision 4.5.f of this rule.

4.5.d. Liners.

4.5.d.1. Liner System Requirements. -- A person who receives a permit for a landfill after June 2, 1996 -- including a permit that results in an expansion of a currently permitted landfill -- must design, construct, operate, and maintain a liner system at that landfill. Nothing within this rule may be construed to allow the installation of any liner system on areas not lined as of June 2, 1996 that is not in conformance with subparagraph 4.5.d.1.C or 4.5.d.1.E of this rule. Landfills that do have a permit issued pursuant to the Act and a liner installed as of that date may install a liner as approved by the Secretary in accordance with the following:

4.5.d.1.A. A landfill for which a valid closure permit has been issued pursuant to W. Va. Code § 22-15-10 may remain in operation after the date of this rule, provided that the facility is in conformance with its permit and this rule, and such landfill has in place:

4.5.d.1.A.1. Groundwater monitoring wells in conformance with the requirements of subdivision 3.8.d of this rule;

4.5.d.1.A.2. A groundwater monitoring program in conformance with the requirements of subsection 4.11 of this rule;

4.5.d.1.A.3. An effective leachate treatment capability; and

4.5.d.1.A.4. Sediment run-off control.

4.5.d.1.B. All new SWLFs and lateral expansions that meet all of the requirements enumerated in subparagraphs 4.5.d.1.A and 4.5.d.1.B of this rule may remain in operation, provided that the liner must meet the following criteria:

4.5.d.1.B.1. The liner must be constructed, installed and maintained in accordance with a design approved by the Secretary.

4.5.d.1.B.2. The design must ensure that the concentration values listed in Appendix III to this rule will not be exceeded in the uppermost aquifer at the relevant point of compliance, as specified in subparagraph 4.5.d.1.G or;

4.5.d.1.B.3. With a composite liner as defined in section 2 and a leachate collection system that is designed and constructed to maintain less than a thirty centimeter (30 cm) depth of leachate over the liner.

4.5.d.1.C. A liner system must consist of the following elements:

4.5.d.1.C.1. Subbase, which is the prepared layer of soil or earthen materials upon which the remainder of the liner system is constructed;

4.5.d.1.C.2. Leachate detection zone, which consists of a perforated piping system within a layer of soil or earthen material placed on top of the subbase and upon which the composite liner is placed;

4.5.d.1.C.3. Composite liner, which consists of two (2) components, the compacted clay component topped with the synthetic liner;

4.5.d.1.C.4. Leachate collection and protective cover zone, which is a leachate collection system within a prepared layer of soil or earthen material placed over the composite liner; and

4.5.d.1.C.5. A reinforcement layer, if indicated by stability studies or other indicators, to prevent liner failure.

4.5.d.1.D. Active areas of existing landfills which have installed liners, leachate collection systems, and groundwater monitoring programs, as of June 2, 1996 may petition the Secretary to allow use of an alternative liner system, if:

4.5.d.1.D.1. A demonstration is made to the Secretary that an alternative design will provide the same degree of protection of the groundwater resources as the liner system described in subparagraph 4.5.d.1.E of this rule. The demonstration must include a series of groundwater monitoring well sampling analyses and also the direction-of-migration and rate-of-flow studies showing that there are no existing or potential groundwater pollution problems; and

4.5.d.1.D.2. A bond or other applicable means of financial assurance is posted in compliance with subdivision 3.7.j and subsection 3.13 of this rule.

4.5.d.1.E. In order to allow for the development of new technology, applicants may petition the Secretary to allow installation of an alternative liner system upon a demonstration to the Secretary that the alternative system will be equally or more protective of the groundwater resources than the liner system described in subdivision 4.5.d of this rule.

4.5.d.1.F. Alternative Liner Design. -- Any permittee who wishes to utilize an alternative liner design must submit a design to the Secretary that complies with subdivision 4.5.d of this rule and addresses the following factors:

4.5.d.1.F.1. The hydrogeologic characteristics of the facility and surrounding land;

4.5.d.1.F.2. The climatic factors of the area; and

4.5.d.1.F.3. The volume and physical and chemical characteristics of the leachate.

4.5.d.1.G. Relevant Point of Compliance.

4.5.d.1.G.1. The relevant point of compliance specified by the Secretary must be no more than one hundred fifty (150) meters (four hundred ninety-two (492) feet) from the waste management unit boundary and must be located on land owned by the owner of the SWLF.

4.5.d.1.G.2. In determining the relevant point of compliance, the Secretary must consider at least the following factors:

4.5.d.1.G.2.(a) The hydrogeologic characteristics of the facility and surrounding land;

4.5.d.1.G.2.(b) The volume and physical and chemical characteristics of the leachate;

4.5.d.1.G.2.(c) The quantity, quality, and direction, of flow of groundwater;

4.5.d.1.G.2.(d) The proximity and withdrawal rate of the groundwater users;

4.5.d.1.G.2.(e) The availability of alternative drinking water supplies;

4.5.d.1.G.2.(f) The existing quality of the groundwater, including other sources of contamination and their cumulative impacts on the groundwater and whether groundwater is currently, or reasonably expected to be, used for drinking water;

4.5.d.1.G.2.(g) Public health, safety, and welfare effects; and

4.5.d.1.G.2.(h) Practicable capability of the permittee.

4.5.d.2. Liner System Limitations.

4.5.d.2.A. No person may construct a liner system for a facility unless there is at least four (4) feet maintained between the bottom of the subbase of the liner system and the seasonal high groundwater table.

4.5.d.2.A.1. The location of the seasonal high groundwater table may be inferred by such indicators as soil mottling, soil gleying, and iron and manganese concentrations.

4.5.d.2.A.2. Drainage systems may be utilized to maintain a four (4) foot isolation distance between the bottom of the subbase of the liner system and the seasonal high groundwater table. The drainage system must be limited to drain tile, piping, and French drains.

4.5.d.2.B. No person may construct a liner system for a facility unless at least eight (8) feet can be maintained between the bottom of the subbase of the liner system and the permanent groundwater table.

4.5.d.2.C. A minimum of four (4) feet vertical separation must be maintained between the bottom of the subbase of the liner system and bedrock unless otherwise approved by the Secretary. If backfilled material is used, the nature of these materials is subject to approval by the Secretary.

4.5.d.2.D. If the approved design plans provide for the placement of additional adjacent liner, waste may not be placed within fifteen (15) feet of an edge of the liner that will be joined by an additional adjacent liner. The edge must be protected by soil cover or other method approved in the permit until additional liner is added.

4.5.d.2.E. If the approved design plans do not provide for the placement of additional adjacent liner, waste must not be placed within five (5) feet of an edge of the liner.

4.5.d.2.F. A liner berm at least four (4) feet high must be constructed and maintained along the edge of the liner to prevent the lateral escape of leachate.

4.5.d.2.G. The edge of the liner must be clearly marked.

4.5.d.2.H. The operator must comply with additional requirements the Secretary deems necessary to protect public health, safety, and the environment.

4.5.d.3. Liner System Subbase.

4.5.d.3.A. The subbase portion of a liner system must:

4.5.d.3.A.1. Be at least six (6) inches thick and compacted to a Standard Proctor density of at least ninety-five percent (95%) at three to five percent (3% to 5%) wet of optimum;

4.5.d.3.A.2. Have a minimum bearing capacity of two and one-quarter (21/4) tons per square foot plus one-half (1/2) of the total applied load in pounds per square foot;

4.5.d.3.A.3. Be no more permeable than 1 x 10^-6 cm/sec based on laboratory and field testing;

4.5.d.3.A.4. Be hard, uniform, smooth, and free of debris, rock, plant materials, and other foreign material; and

4.5.d.3.A.5. Have a slope of at least two percent (2%).

4.5.d.3.A.6. The subbase construction certification and a Q.A./Q.C. report must be submitted to the Secretary prior to the placement of any material over the subbase.

4.5.d.3.A.7. Be free of particles greater than two (2) inches in any dimension, and free of debris, rock, plant materials, and other foreign materials.

4.5.d.4. Liner System Leachate Detection Zone.

4.5.d.4.A. The leachate detection zone must:

4.5.d.4.A.1. Create a flow zone between the subbase and the composite liner more permeable than 1 x 10^-3 cm/sec based on laboratory and field testing. The leachate detection zone including piping system must be designed and placed on a minimum slope of two percent (2%);

4.5.d.4.A.2. Be at least twelve (12) inches thick;

4.5.d.4.A.3. Be comprised of clean soil or earthen materials that contain no debris, plant material, or material with sharp edges;

4.5.d.4.A.4. Have geotextile material placed within the leachate detection zone in such a manner as to prevent clogging of the piping system. The geotextile material must not be placed directly against pipes; and

4.5.d.4.A.5. Contain a perforated piping system capable of detecting and intercepting liquid within the leachate detection zone and conveying the liquid to central collection points, as follows:

4.5.d.4.A.5.(a) The slope, size, and spacing of the piping system must assure that liquids drain efficiently from the leachate detection zone;

4.5.d.4.A.5.(b) The distance between pipes in the piping system must not exceed one hundred (100) feet on center unless otherwise approved by the Secretary;

4.5.d.4.A.5.(c) The pipes must be installed nearly perpendicular to the slope with continuous positive slope;

4.5.d.4.A.5.(d) The minimum diameter of the perforated pipe must be four (4) inches with a wall thickness of Schedule 40 or greater;

4.5.d.4.A.5.(e) The pipe must be capable of supporting anticipated loads without failure based upon facility design;

4.5.d.4.A.5.(f) Rounded stones or aggregates must be placed around all portions of the pipes of the piping system. The stones or aggregates must be sized to prevent clogging of the pipes and damage to the subbase and the composite liner;

4.5.d.4.A.5.(g) The piping system must be installed in a fashion that facilitates cleanout, maintenance, and monitoring. Manholes or cleanout risers must be located along the perimeter of the leachate collection piping system. The number and spacing of the manholes or cleanout risers must be sufficient to ensure proper maintenance of the piping system by water jet flushing or an equivalent method;

4.5.d.4.A.5.(h) The leachate detection system must be cleaned with a water jet cleanout device or equivalent immediately after construction;

4.5.d.4.A.5.(i) If required by the Secretary in writing, leachate detection pipes used to transport leachate that are not within the bounds of the composite liner must be double-walled pipe; and

4.5.d.4.A.5.(j) The leachate detection zone construction certification and a Q.A./Q.C. report must be submitted to the Secretary prior to the placement of the composite liner.

4.5.d.5. Liner System Composite Liner. -- The composite liner must be comprised of the following components, unless otherwise approved in writing by the Secretary:

4.5.d.5.A. The compacted clay component must:

4.5.d.5.A.1. Be a minimum compacted thickness of two (2) feet;

4.5.d.5.A.2. Be compacted in six (6) inch lifts;

4.5.d.5.A.3. Be no more permeable than 1 x 10^-7 cm/sec based on laboratory and field testing;

4.5.d.5.A.4. Be free of particles greater than two (2) inches in any dimension, debris, rock, plant materials, and other foreign materials;

4.5.d.5.A.5. Be placed without damaging the subbase and leachate detection zone;

4.5.d.5.A.6. Be placed during a period of time when both the air temperature and the soil temperature are above freezing, so that neither the compacted clay nor the subbase are frozen;

4.5.d.5.A.7. Have a slope of at least two percent (2%) to facilitate the drainage of leachate across the liner surface; and

4.5.d.5.A.8. Be designed, operated, and maintained so that the physical and chemical characteristics of the liner and liner's ability to restrict the flow of solid waste, solid waste constituents, or leachate is not adversely affected by the leachate.

4.5.d.5.B. The synthetic component must:

4.5.d.5.B.1. Be no more permeable than 1 x 10^-7 cm/sec;

4.5.d.5.B.2. Have a minimum thickness of sixty (60) mils;

4.5.d.5.B.3. Be installed in accordance with manufacturer's specifications under the supervision of an authorized representative of the manufacturer;

4.5.d.5.B.4. Be inspected for uniformity, damage, and imperfections during construction or installation;

4.5.d.5.B.5. Have a slope of at least two percent (2%) to facilitate the drainage of leachate across the liner surface;

4.5.d.5.B.6. Be designed to withstand the calculated tensile forces acting upon the synthetic materials when installed on slopes greater than twenty-five percent (25%);

4.5.d.5.B.7. Have field seams oriented parallel to the line of the maximum slope and not across the slope. In corners and irregularly-shaped portions, the number of field seams must be minimized. No horizontal seam may be less than five (5) feet from the toe of slope;

4.5.d.5.B.8. Have the seam area free of moisture, dust, dirt, debris, and foreign material of any kind before seaming. Field seaming is prohibited, unless otherwise approved by the Secretary, when the ambient air temperature is below five degrees centigrade (5° C), above forty degrees centigrade (40° C) during precipitation, or when winds are in excess of twenty (20) miles per hour;

4.5.d.5.B.9. Be anchored a minimum of twenty-four (24) inches horizontally back from the edge of the top of the slope. The liner must be anchored by cutting a trench twelve (12) to sixteen (16) inches in depth, laying the liner across the soil perimeter of the trench, backfilling the trench, and compacting the backfill material; and

4.5.d.5.B.10. Be installed under the direction of a field crew foreman or other person approved in writing by the Secretary with documented successful liner installation experience.

4.5.d.5.C. The certification of the construction of the composite liner compacted clay component and a Q.A./Q.C. report must be submitted to the Secretary prior to the placement of the composite liner synthetic component.

4.5.d.5.D. The composite liner synthetic component construction certification and the Q.A./Q.C. report must be submitted to the Secretary prior to the placement of the leachate collection and protective cover zone.

4.5.d.6. Liner System Leachate Collection and Protective Cover Zone.

4.5.d.6.A. The leachate collection and protective cover zone must:

4.5.d.6.A.1. Create a flow zone between the composite liner and solid waste more permeable than 1 x 10^-3 cm/sec based upon both laboratory and field testing. The leachate collection zone, including the piping system, must be designed and placed on a minimum slope of two percent (2%) to facilitate efficient leachate drainage and prevent ponding on the composite liner;

4.5.d.6.A.2. Be at least eighteen (18) inches thick;

4.5.d.6.A.3. Be constructed of soil or earthen materials to ensure that the hydraulic leachate head on the composite liner does not exceed one (1) foot at the expected flow capacity from the drainage area except during storm events. Clay and shale may not be used in the protective cover zone;

4.5.d.6.A.4. Be comprised of clean soil or earthen materials that contain no debris, plant materials, rocks, materials with sharp edges, or other solid materials larger than one-quarter (1/4) inch in diameter;

4.5.d.6.A.5. Be graded, uniformly compacted, and smoothed;

4.5.d.6.A.6. Be installed in a manner that prevents damage to the composite liner;

4.5.d.6.A.7. Contain a perforated piping system capable of intercepting liquid within the leachate collection zone and conveying the liquid to control collection points. The piping system must also meet the following:

4.5.d.6.A.7.(a) The slope, sizing, and spacing of the piping system must ensure that liquids drain efficiently from the leachate collection zone;

4.5.d.6.A.7.(b) The distance between pipes in the piping system must not exceed one hundred (100) feet on center unless otherwise approved by the Secretary;

4.5.d.6.A.7.(c) The pipes must be installed nearly perpendicular to the slope with continuous positive slope;

4.5.d.6.A.7.(d) The minimum diameter of the perforated pipe must be four (4) inches with a wall thickness of Schedule 40 or greater;

4.5.d.6.A.7.(e) The pipe must be capable of supporting anticipated loads without failure based upon facility design;

4.5.d.6.A.7.(f) Rounded stones or aggregates must be placed around all portions of the pipes of the piping system. The stones or aggregates must be sized to prevent clogging of the pipes and damage to the composite liner;

4.5.d.6.A.7.(g) The piping system must be installed in a fashion that facilitates cleanout, maintenance, and monitoring. Manholes and cleanout risers must be located along the perimeter of the leachate detection piping system. The number and spacing of the manholes and cleanout risers must be sufficient to ensure proper maintenance of the piping system by water jet flushing or an equivalent method;

4.5.d.6.A.7.(h) The leachate collection system must be cleaned with a water jet cleanout device or equivalent immediately after construction;

4.5.d.6.A.7.(i) Have geotextile material placed within the leachate collection system in such a manner as to prevent clogging of the piping system. The geotextile material must not be placed directly against pipes; and

4.5.d.6.A.7.(j) If required by the Secretary in writing, leachate collection pipes used to transport leachate that are not within the bounds of the composite liner must be double-walled pipe.

4.5.d.6.B. The leachate collection zone construction certification and the Q.A./Q.C. report must be submitted to the Secretary prior to the placement of solid waste.

4.5.d.7. Liner System Engineer Certification.

4.5.d.7.A. The liner system must be inspected during and at the end of the construction by a registered professional engineer.

4.5.d.7.B. Upon completion of construction of each major element or stage of the liner system, including the subbase, leachate detection zone, composite liner, leachate collection zone, and protective cover (and prior to the deposition of waste), the engineer must certify to the Secretary under seal that the element or stage was constructed as approved in the permit.

4.5.d.8. Liner System Initial Placement of Solid Waste. -- The first eight (8) feet of solid waste placed on the protective cover must not contain material capable of penetrating or puncturing the protective cover, and must not be comprised of sludge or earthen material. Facilities that have received approval to construct a dedicated cell for the disposal of drill cuttings and associated drilling waste generated in the exploration, production, and development of oil and natural gas and associated activities under subsection 5.6 of this rule may use drilling waste in the first eight (8) feet of waste placed in the dedicated cell.

4.5.e. Quality Assurance and Quality Control. -- The quality control measures and tests required by the Q.A./Q.C. plan under subdivision 4.5.e of this rule must be employed to ensure that the engineering design and performance standards are achieved.

4.5.e.1. The Q.A./Q.C. inspector will inspect those aspects of the subbase and subgrade preparation including, but not limited to, the following:

4.5.e.1.A. Subgrade Preparation.

4.5.e.1.A.1. Site preparation, including clearing, and grubbing;

4.5.e.1.A.2. Excavation and contouring of the subgrade to required elevations;

4.5.e.1.B. Subbase Preparation.

4.5.e.1.B.1. Compaction of subbase to design density at proper moisture content to achieve required strength and stability to support the liner;

4.5.e.1.B.2. Moisture content density and field strength tests performed as required;

4.5.e.1.B.3. Compacted lift thickness;

4.5.e.1.B.4. Compaction equipment weight, speed, and number of passes;

4.5.e.1.B.5. Method of moisture addition;

4.5.e.1.B.6. Proof rolling of subbase; and

4.5.e.1.B.7. Fine finishing of the subbase for acceptability of areas to be lined.

4.5.e.2. The Q.A./Q.C. inspector must inspect those aspects of the liner system including, but not limited to, the following:

4.5.e.2.A. Liner material to ensure that the materials being used meet specifications;

4.5.e.2.B. Liner material stockpiling, storage, and handling in a manner that prevents damage;

4.5.e.2.C. Inspections of locations where inlet/outlet structures that penetrate the liner to ensure the compatibility of those structures with respect to the liner;

4.5.e.2.D. Final grades of the liner to ensure that they are within acceptable tolerance;

4.5.e.2.E. Final inspection of the liner for acceptability prior to placement of the protective cover material;

4.5.e.2.F. Installation of the compacted clay component of the liner with respect to the following:

4.5.e.2.F.1. Compaction of the liner to design density at the proper moisture content to achieve the required hydraulic conductivity and the maintenance of the design strength and stability;

4.5.e.2.F.2. Uniformity of compaction;

4.5.e.2.F.3. Compacted lift thickness;

4.5.e.2.F.4. Compacted liner thickness;

4.5.e.2.F.5. Compaction equipment weight, speed, and number of passes;

4.5.e.2.F.6. Moisture content, density, hydraulic conductivity, and field infiltration tests to ensure that they are performed as required; and

4.5.e.2.F.7. Repairs and corrective or remedial action performed as required;

4.5.e.2.G. Synthetic liner component with respect to the following:

4.5.e.2.G.1. Liner panel placement is in accordance with required configuration;

4.5.e.2.G.2. Permanent and temporary anchoring procedures are followed;

4.5.e.2.G.3. Overlap and seam width are in accordance with the design;

4.5.e.2.G.4. The area of seaming is clean and supported;

4.5.e.2.G.5. The uniformity and continuity of seams and welds;

4.5.e.2.G.6. Cap strips are installed on all seams, as applicable;

4.5.e.2.G.7. Qualitative and quantitative field seaming tests are performed as required for imperfections in seams, wrinkles, and fishmouths and that all imperfections are repaired as required; and

4.5.e.2.G.8. Corrective or remedial action taken;

4.5.e.2.H. The Q.A./Q.C. inspector must inspect those aspects of the leachate detection and leachate collection and protective cover systems including, but not limited to, the following:

4.5.e.2.H.1. Material stockpiling, storage, and handling to prevent damage;

4.5.e.2.H.2. Drainage layer placement;

4.5.e.2.H.3. Thickness of the leachate detection, leachate collection, and protective cover zones;

4.5.e.2.H.4. Grain size analyses, relative density, and compaction tests are performed as required;

4.5.e.2.H.5. Uniformity of the soil;

4.5.e.2.H.6. Grades and alignments are within acceptable tolerance;

4.5.e.2.H.7. Placement of stone or aggregate around all portions of the pipes in the piping systems;

4.5.e.2.H.8. Proper implementation of actions to protect the piping system and the other components of the liner system from the loads and stresses due to the traffic of backfilling and other equipment; and

4.5.e.2.H.9. Proper placement of the geotextile materials within the leachate detection zone and within the leachate collection and protective cover zone.

4.5.e.2.I. Daily Q.A./Q.C. reports must be prepared by the Q.A./Q.C. inspectors and maintained in a bound log book that must be available at the job site at all times for inspection by the Secretary. All lab reports and field testing results must be signed and dated by the inspector and must be attached to the log book reports. Each daily log book report must include, but not be limited to, the following:

4.5.e.2.I.1. Identification of project name, location, and date;

4.5.e.2.I.2. Weather conditions prevalent during construction and installation including:

4.5.e.2.I.2.(a) Temperature (daily high and low);

4.5.e.2.I.2.(b) Barometric pressure (high and low);

4.5.e.2.I.2.(c) Wind direction and maximum speed;

4.5.e.2.I.2.(d) Time of each precipitation event; and

4.5.e.2.I.2.(e) Total amount of each precipitation event;

4.5.e.2.I.3. Description and location of construction currently underway;

4.5.e.2.I.4. A listing of all equipment and personnel at work at each unit;

4.5.e.2.I.5. Description and location of areas being tested or observed;

4.5.e.2.I.6. Off-site material received and quality verification documentation;

4.5.e.2.I.7. Calibration of test equipment;

4.5.e.2.I.8. Description and location of remedial action taken; and

4.5.e.2.I.9. Decisions and comments including conversations, directives, and directions for the following:

4.5.e.2.I.9.(a) Acceptance or failure of inspections and tests;

4.5.e.2.I.9.(b) Acceptance or failure of daily work unit performance;

4.5.e.2.I.9.(c) Problems encountered and corrective action taken;

4.5.e.2.I.9.(d) On-going corrective action;

4.5.e.2.I.9.(e) In-field modifications; and

4.5.e.2.I.9.(f) Assessment of overall project quality.

4.5.f. Revegetation Plan.

4.5.f.1. Function of Annual and Biennial Cover Crops. -- On areas where erosion is likely to occur, rapid establishment of vegetative cover is required. Immediate revegetation by the use of seeding and mulching with approved annuals and biennials on such areas must be approved as a means for achieving temporary vegetative cover only.

4.5.f.2. Minimum Requirements of Soil Amendments.

4.5.f.2.A. A minimum of six hundred pounds per acre (600 lbs/acre) of 10-20-10 or 10-20-20 fertilizer, or equivalent, must be applied. Fertilizer rates based on soil analyses conducted by a qualified lab may be substituted for the minimum fertilizer rate.

4.5.f.2.B. Lime is required where soil pH is less than 5.5. Lime rates must be such that a standard soil pH of 6.0 is achieved.

4.5.f.2.C. Mulch must be used on all disturbed areas. A list of approved materials and minimum application rates is available from the Secretary.

4.5.f.3. Standards for Evaluating Vegetative Cover.

4.5.f.3.A. Final Revegetation Report. -- The report must be submitted to the Secretary within sixty (60) days after the final cover or cap has been completed and contain the actual acreage planted including the application rates of soil amendments, including fertilizer, lime, mulch, and seeding mixture.

4.5.f.3.B. Time for Inspection. -- Prior to the spring and fall planting seasons, the operator must review all disturbed areas. Those areas that will not be disturbed again must be graded, limed, fertilized, mulched, and seeded. Those areas that have been previously seeded but are deficient of vegetative cover must be reseeded to establish a satisfactory stand of vegetation. Disturbed areas that may sit idle for more than sixty (60) days must be temporarily revegetated.

4.5.f.3.C. Standards for Perennials. -- Standards for legumes and perennial grasses are required to achieve at least a ninety percent (90%) ground cover. Substandard areas must not exceed one-quarter (1/4) acre in size, nor total more than ten percent (10%) of the revegetated area.

4.5.g. Miscellaneous. -- All facilities must be designed to meet the following requirements:

4.5.g.1. A method of controlling any dust or windblown debris must be included in the facility design. The factors that will be considered by the Secretary when evaluating alternative provisions for controlling dust and windblown debris includes the remoteness of the facility, natural screening and windbreaks, and waste types;

4.5.g.2. Access to the facility must be restricted through the use of fencing, natural barriers, or other methods approved in writing by the Secretary;

4.5.g.3. The facility must be designed so that final grades in each phase are reached as soon as possible and the open area used for refuse filling is minimized;

4.5.g.4. The grade of the surface of the facility must not be less than three percent (3%) nor more than twenty-five percent (25%) unless otherwise approved by the Secretary as a part of the issued permit.

4.5.g.5. Long slopes must incorporate runoff control measures and terracing in order to minimize erosion. For sites having a natural slope greater than twenty-five percent (25%), a slope up to thirty-three percent (33%) may be considered acceptable if terracing is incorporated at least every twenty (20) feet of vertical distance with runoff control.

4.5.g.6. All facilities that may obstruct flight patterns to instrument approach airports must follow Federal Aviation Administration guidelines in designing intermediate and final grades;

4.5.g.7. A permittee storing waste must provide a sufficient number of containers to contain solid waste generated during periods between regularly scheduled collections;

4.5.g.8. An individual container or bulk container used for the storage of solid waste must have the following characteristics:

4.5.g.8.A. The container must be constructed to be easily handled for collection; and

4.5.g.8.B. The container must be corrosion resistant and compatible with waste to be stored;

4.5.g.9. An individual container or bulk container used for the storage of putrescible solid waste must also have the following characteristics:

4.5.g.9.A. The container must be equipped with a tight fitting lid or cover, or otherwise sealed; and

4.5.g.9.B. The container must be watertight, leak proof, insect proof, and rodent proof; and

4.5.g.10. A permittee that stores waste outside of containers must tie the wastes securely in bundles of a size that can be readily handled for collection and in a manner that minimizes litter, safety hazards, and fire hazards.

4.6. General Operational Requirements.

4.6.a. General Requirements.

4.6.a.1. No person may operate or maintain a solid waste facility that does not conform to an approved plan of operation and the following:

4.6.a.1.A. Daily deposition of solid waste must be confined to as small an area as practical;

4.6.a.1.B. Provisions must be made to confine windblown material within the active disposal area;

4.6.a.1.C. At the conclusion of each day of operation, all windblown material must be collected and properly disposed of in the active disposal area in accordance with the provisions of subdivision 4.6.a of this rule, unless the operator establishes, to the satisfaction of the Secretary, that:

4.6.a.1.C.1. All windblown material cannot be collected using reasonable efforts because of conditions beyond the control of the operator;

4.6.a.1.C.2. Windblown material that can be collected using a reasonable effort has been collected and disposed of properly;

4.6.a.1.D. Putrescible materials such as spoiled foods and animal carcasses must be immediately compacted and covered by the use of daily cover and other means;

4.6.a.1.E. Permittees of all SWLFs must control public access and prevent unauthorized vehicular traffic through the use of artificial barriers, including fencing, natural barriers, both, or other methods approved in writing by the Secretary, as appropriate to protect human health and the environment;

4.6.a.1.F. Procedures for Excluding the Receipt of Regulated Hazardous Waste.

4.6.a.1.F.1. The application must contain an operator implemented program at the facility to detect and prevent attempts to dispose of hazardous wastes (regulated under Subtitle C of RCRA and defined in 40 CFR §161) and polychlorinated biphenyls (PCB) wastes at the facility (regulated under the Toxic Substances Control Act and defined in 40 CFR §161, or as reflected in W. Va. Code § 22-18-1, et seq.).

4.6.a.1.F.2. Measures that solid waste facility operators must incorporate in their programs to exclude receipt of hazardous waste include at a minimum:

4.6.a.1.F.2.(a) Random inspections of incoming loads, inspection of suspicious loads, recordkeeping of inspection results (including date, time, name of the hauling firm, driver, source of waste, vehicle identification numbers, and all observations made by the inspector), training of personnel to recognize hazardous waste, and procedures for notifying proper Department authorities if a regulated hazardous waste is found at the facility, unless the permittee takes other steps approved by the Secretary in writing to ensure that incoming loads do not contain regulated hazardous wastes or PCB wastes;

4.6.a.1.F.2.(b) Records of any inspections, activities, and information must be reported on a form prescribed by the Secretary, and copies of these inspection records and all related information must be retained in the SWLF's operating record.

4.6.a.1.F.2.(c) Training of facility personnel to recognize regulated hazardous waste and PCB wastes. These records must be maintained in the SWLFs operating record; and

4.6.a.1.F.3. Procedures for providing written notification to the Secretary as required under Subtitle C of RCRA or applicable rules and regulations promulgated under W. Va. Code § 22-18-1, et seq., if a regulated hazardous waste or PCB waste is discovered at the facility.

4.6.a.1.G. Effective means must be taken to limit and control public access and prevent illegal dumping of wastes at the active disposal area to minimize exposure of the public to hazards;

4.6.a.1.H. Effective means, including the use of daily cover, must be taken to prevent or control on-site populations of disease vectors, including flies, rodents, other insects, vermin, and other organisms capable of directly or indirectly transmitting infectious diseases or pathogenic organisms from one person to another, or from an animal to a person, using techniques appropriate for the protection of human health and the environment.

4.6.a.1.I. Equipment must be provided and daily cover material made available to control accidental fires. Also, arrangements must have been made previously with the local fire protection agency to utilize their services when needed;

4.6.a.1.J. An attendant must be on duty at the facility at all times while it is open for public use;

4.6.a.1.K. A gate must be provided at the entrance to the operation and it must be kept locked when an attendant is not on duty;

4.6.a.1.L. The gate area must be policed at the beginning of each day of operation to remove any solid waste that has been indiscriminately dumped during periods when the facility was closed;

4.6.a.1.M. A sign acceptable to the Secretary must be posted at the entrance of any facility operated for public use, which indicates the facility name, permit number, the hours that solid waste is received, the hours of operation, including hours for exempt disposal of solid waste, waste types accepted, penalties for unauthorized use, necessary safety precautions, and any other pertinent information. Such signs must be posted and maintained for the duration of the active life of the SWLF, be clearly visible, readable, and uniform throughout the operation, be permanently fixed, and made of durable material;

4.6.a.1.N. The facility must be surrounded with rapidly growing trees, shrubbery, fencing, berms, or other appropriate means to screen it from the surrounding area and to provide a wind break;

4.6.a.1.O. Means acceptable to the Secretary must be taken to control dust resulting from facility operation;

4.6.a.1.P. Daily cover must be applied to the active disposal area to control the prohibited act of scavenging;

4.6.a.1.Q. All burning is prohibited in accordance with statutes, rules and regulations of the Division of Air Quality;

4.6.a.1.Q.1. All open burning of solid waste, except for the infrequent burning of land clearing debris, diseased trees, or debris from emergency clean-up operations, except as approved by the Division of Air Quality, is prohibited at all SWLFs.

4.6.a.1.R. Provisions must be made for backup equipment in the event of operating equipment breakdown;

4.6.a.1.S. All topsoil within the facility construction limits must be salvaged and stored within the property boundaries for use in facility closure. All stockpiled soil material that is not anticipated to be used within six (6) months must be seeded; and

4.6.a.1.T. All access roads to the active area of the operation must be maintained in good condition so as to prevent sedimentation of drainage ways.

4.6.a.1.U. The operator must also prevent and eliminate conditions not otherwise prohibited by this rule that are harmful to the environment or public health or that create safety hazards, odors, dust, noise, unsightliness, and other public nuisances.

4.6.b. Solid Waste Placement.

4.6.b.1. Solid Waste Placement and Compaction.

4.6.b.1.A. Working Faces. -- Solid waste must be placed for disposal only at designated working faces. Working face width must be minimized and must not exceed one hundred (100) feet unless otherwise approved by the Secretary. The slopes of working faces must not exceed thirty-three and one-third percent (33 1/3%). To prevent lateral migration of leachate through the final cover, all daily and intermediate cover from each lift of solid waste within twenty-five (25) feet of the final cover must be removed.

4.6.b.1.B. Daily Cell Height. -- Daily cell height must not exceed eight (8) feet in the vertical dimension except in the middle area of the daily cell to divert storm water. The vertical dimension of the middle area of the daily cell must not exceed eleven (11) feet.

4.6.b.1.C. Layering and Compaction. -- Solid waste must be placed in layers not exceeding two (2) feet in depth and compacted with a minimum of three (3) passes with an 815 Caterpillar compactor or other equipment of equivalent compacting ability, or as otherwise approved by the Secretary.

4.6.b.2. Cover Material Application.

4.6.b.2.A. Daily Cover. -- Except as provided in subparagraph 4.6.b.2.B, the permittee of all SWLFs must cover the entire exposed solid waste disposal area with a minimum thickness of six (6) inches of compacted cover material at the end of each operating day, or at more frequent intervals if necessary, to control disease vectors, fires, odors, blowing litter, and scavenging.

4.6.b.2.A.1. Alternative materials of an alternative thickness (other than at least six (6) inches of earthen material) may be approved by the Secretary if the permittee demonstrates in writing that the alternative material and thickness does or will control disease vectors, fires, odors, windblown material, and scavenging and does not present a threat to human health and the environment.

4.6.b.2.A.2. The Secretary may grant a temporary waiver from the requirement of subparagraph 4.6.b.2.A and part 4.6.b.2.A.1 if the permittee demonstrates that there are extreme seasonal climatic conditions that make meeting such requirements impractical.

4.6.b.2.B. Intermediate Cover. -- Solid waste fill surfaces that will remain exposed to weather for periods in excess of thirty (30) days must have a minimum of twelve (12) inches of compacted cover material applied within thirty (30) days of completion of the fill surface.

4.6.b.2.C. Final Cover. -- Solid waste fill surfaces that will receive no further solid waste deposits must place final cover in accordance with subparagraph 6.1.e.1.A of this rule.

4.6.b.2.D. Availability. -- Cover material must be available from the facility site or other designated sources in sufficient quantities to provide:

4.6.b.2.D.1. Six (6) inches of compacted daily cover material.

4.6.b.2.D.2. Twelve (12) inches of compacted intermediate cover material.

4.6.b.2.D.3. Sufficient cover material, as required in paragraph 4.6.b.2 and section 6 of this rule.

4.6.b.3. Waste Placement in Winter. -- For the installation of all liners, a layer of waste at least four (4) feet thick, or an adequate amount of other frost protection material, must be placed over the granular blanket in all portions of the lined area prior to December 31 of the same year in which the liner was constructed. During the winter, waste must not be placed on any portion of the liner not having a four (4) foot thick layer of waste or other adequate frost protection material covering it after December 31 of each year. Those portions of the liner must be investigated for density and effects from freeze-thaw as specified by the Secretary and must be repaired and recertified during the next construction season if required, prior to additional waste placement. These requirements may be waived by the Secretary upon the request of the permittee.

4.7. Acceptable and Unacceptable Wastes.

4.7.a. Acceptable Wastes. -- SWLF's may receive the following types of solid wastes, as authorized by the facility's permit or by written permission of the Secretary that such waste is acceptable:

4.7.a.1. Agricultural waste;

4.7.a.2. Commercial waste;

4.7.a.3. Compost;

4.7.a.4. Construction waste;

4.7.a.5. Debris;

4.7.a.6. Demolition waste;

4.7.a.7. Discarded material;

4.7.a.8. Garbage;

4.7.a.9. Household waste;

4.7.a.10. Industrial waste;

4.7.a.11. Inert waste;

4.7.a.12. Municipal solid waste;

4.7.a.13. Non-municipal incinerator ash;

4.7.a.14. Putrescible waste;

4.7.a.15. Refuse;

4.7.a.16. Residential waste;

4.7.a.17. Rubbish;

4.7.a.18. Scrap metal;

4.7.a.19. Sludge;

4.7.a.20. Trash;

4.7.a.21. Bulky goods;

4.7.a.22. Other materials approved by the Secretary; and

4.7.a.23. Properly treated infectious wastes.

4.7.b. Unacceptable wastes. -- Landfills may not receive the following wastes under any conditions, unless otherwise approved by the Secretary:

4.7.b.1. Free liquids;

4.7.b.2. Hazardous wastes as defined in 40 CFR §261.3 that are not excluded from regulation as hazardous wastes under 40 CFR §261.4(b);

4.7.b.3. Unstabilized sewage sludge or sludges that have not been dewatered, or contain less than twenty percent (20%) solids by weight;

4.7.b.4. Pesticide containers that have not been triple rinsed and crushed;

4.7.b.5. Drums that are not empty and not crushed, except as provided under paragraph 4.13.e of this rule;

4.7.b.6. Waste that may be infectious waste, or is recognizable treated noninfectious medical waste as defined in section 2 of this rule, must be labeled prior to being transported off-site. Treated medical waste that will pass through a screen with a one-half inch (1/2") grid is not considered recognizable. The label must be sized and attached in the manner required by the Department of Health & Human Resources' rule "Infectious Medical Waste," 64CSR56 §6.3.a unless:

4.7.b.6.A. The waste was generated by a household or by an individual during self-care or self-treatment; or

4.7.b.6.B. The waste has not been compacted and is accompanied by a label, manifest, or shipping document that:

4.7.b.6.B.1. Identifies the generator of the waste by name, address and business telephone number of the generator;

4.7.b.6.B.2. Identifies the name, address and business telephone number of the generator of the facility at which the waste was rendered noninfectious;

4.7.b.6.B.3. Identifies the amount of waste rendered noninfectious by weight, volume, or number of containers, and the method of treatment;

4.7.b.6.B.4. Includes a signed and dated certification by the facility at which the waste was rendered noninfectious that states: "I hereby certify under penalty of law that this waste has been rendered noninfectious in accordance with procedures required by the Infectious Medical Waste rule, 64CSR56;" and

4.7.b.6.B.5. Maintained on file at the municipal solid waste facility receiving that waste for final disposal, with the exception that labels permanently attached to the waste are not required to be maintained on file.

4.7.b.7. Covered Electronic Devices as defined by W. Va. Code § 22-15A-22.

4.7.c. Wastes Acceptable under Certain Conditions.

4.7.c.1. The waste has been rendered noninfectious. Certifications establishing the wastes as noninfectious must be maintained for a period of three (3) years at the facility receiving the waste for disposal.

4.7.c.2. Waste containing PCBs at concentrations of fifty parts per million (50 ppm) or greater;

4.7.c.3. Municipal incinerator ash, except as provided in subdivision 4.13.j of this rule; or

4.7.c.4. Petroleum-contaminated soils, except as provided in subdivision 4.13.k of this rule.

4.8. Leachate Management.

4.8.a. General Requirements.

4.8.a.1. Leachate must be removed from all collection tanks, manholes, lift stations, sumps, or other structures used for solid waste leachate storage as often as necessary to allow for gravity drainage of leachate from the facility at all times.

4.8.a.2. Any liquid that comes in contact with waste or accumulates in a portion of the facility where active waste disposal operations are occurring must be handled as leachate and properly treated as specified in subsection 4.8 of this rule unless otherwise approved by the Secretary in writing.

4.8.a.3. All leachate collection and detection lines must be cleaned and maintained with a water jet cleanout device or equivalent immediately after construction, after the first layer of waste has been placed over an entire phase, and annually thereafter.

4.8.a.4. Except as otherwise provided in paragraphs 4.8.a.5 through 4.8.a.6 of this rule, leachate must be collected, treated, and then directly discharged into a POTW or other treatment facility permitted by the Department. In addition, the operator must operate a leachate treatment facility as provided in paragraph 4.8.a.7 of this rule within three (3) years following the detection of leachate in the collection or handling system, unless otherwise approved by the Secretary. In the case of an industrial solid waste landfill, the leachate collection and treatment facility must be in place and operable prior to the commencement of landfill operations.

4.8.a.5. Leachate may be collected, treated on-site, and then discharged into a receiving stream under a permit issued by the Department under W. Va. Code § 22-11-1, et seq. and the rules and regulations promulgated thereunder, if the Secretary approves this method in the solid waste facility permit issued under this rule. On-site treatment and discharge to a receiving stream will not be allowed unless direct discharge into a POTW or other permitted facility is not reasonably possible.

4.8.a.6. Except for industrial solid waste landfills, leachate may be collected, treated on-site, and then be applied to land via spray irrigation on a temporary basis if the Secretary approves this method in the solid waste facility permit issued under this rule. On-site treatment and subsequent land application will not be allowed unless, at a minimum:

4.8.a.6.A. Discharge into a POTW or other permitted treatment facility is not possible;

4.8.a.6.B. Discharge of the treated leachate into a receiving stream in a manner consistent with W. Va. Code § 22-11-1, et seq. and the rules and regulations promulgated thereunder is not attainable; and

4.8.a.6.C. Temporary spray irrigation is approved in the municipal solid waste facility permit issued under this rule.

4.8.a.7. Except for industrial solid waste landfills, for the first three (3) years following initial discharge of leachate into the collection and handling system, but not thereafter unless otherwise approved by the Secretary, leachate may be handled by vehicular transportation to and leachate treatment at an off-site treatment facility. The continued use of vehicular transportation of leachate to an off-site treatment facility will not be allowed unless, at a minimum, one of the following applies:

4.8.a.7.A. If the Secretary determines that a direct discharge into a POTW or other permitted treatment facility is not reasonably attainable; and

4.8.a.7.B. If the Secretary determines that a discharge of treated leachate into a receiving stream in a manner consistent with W. Va. Code § 22-11-1, et seq. and the rules promulgated thereunder is not attainable without potential degradation of the receiving stream within three (3) years.

4.8.a.8. If a permittee using vehicular transportation to and treatment at an off-site treatment facility loses the ability to dispose of leachate at that facility and is unable to secure an alternative off-site treatment facility acceptable to the Secretary within fifteen (15) days from loss of its approved treatment facility, implementation of the treatment plan required by paragraph 4.8.a.6.A of this rule must begin immediately. This leachate treatment system must be completed and operational by the date on which off-site treatment becomes unavailable.

4.8.a.9. Except for industrial solid waste landfills, in conjunction with any of the treatment methods in subdivision 4.8.a of this rule, the temporary recirculation of leachate may be utilized if the following conditions exist:

4.8.a.9.A. The area subject to leachate recirculation previously has been filled with solid waste;

4.8.a.9.B. There is sufficient waste capacity to absorb the leachate;

4.8.a.9.C. The area subject to leachate recirculation is underlain by a leachate collection system and a composite liner as described in subdivision 4.5.d; and

4.8.a.9.D. Leachate recirculation is conducted with a piping system approved by the Secretary located under the intermediate cover and causes no odors, runoff, or ponding.

4.8.a.10. The permittee must immediately notify the Secretary and describe remedial steps to be taken if:

4.8.a.10.A. Operation of the leachate treatment facility under this rule cannot prevent the facility from:

4.8.a.10.A.1. Violating the terms of its permit, this rule, the Clean Water Act and the rules and regulations promulgated thereunder, or W. Va. Code § 22-11-1, et seq. and the rules and regulations promulgated thereunder; or

4.8.a.10.A.2. Causing surface water pollution or groundwater degradation, contamination, or pollution;

4.8.a.10.B. The facility is generating a quality or quantity of leachate that exceeds the design capacity of the treatment system;

4.8.a.10.C. For leachate treatment plans that include vehicular transportation of leachate to an off-site treatment plant, the total flow of leachate from the solid waste facility exceeds thirty thousand (30,000) gallons in a period of thirty (30) consecutive days;

4.8.a.10.D. The contractual agreement for leachate treatment by an off-site treatment system is breached or expired; or

4.8.a.10.E. The quality or quantity of solid waste being disposed at the facility changes from that set forth in the permit.

4.8.b. Leachate Treatment System, Design, and Construction.

4.8.b.1. Tanks, containers, and impoundments for storing leachate at a solid waste facility before or during treatment must be constructed and lined in accordance with subdivisions 4.8.b and 4.8.c of this rule.

4.8.b.2. A leachate treatment system must contain impoundments or tanks for the storage of leachate prior to its treatment to effluent standards that have a flow equalization and surge capacity equal to at least thirty (30) days of the leachate production estimated from the facility.

4.8.b.3. Impoundments or tanks must be aerated as necessary to prevent and control odors.

4.8.b.4. The storage capacity of impoundments and tanks at a facility must be increased prior to each major phase of construction and as otherwise necessary.

4.8.b.5. Necessary collection and containment systems must be installed prior to the deposition of solid waste at the facility. A treatment or handling system approved by the Secretary must be installed prior to the storage or disposal of solid waste.

4.8.b.6. Construction of the leachate treatment facility and associated works must be supervised by a registered professional engineer. At the completion of construction of the facility, or at the completion of a modification to the capacity or treatment technique at the facility, the operator must submit to the Secretary a certification under the seal of a registered professional engineer that the work was completed in accordance with the plans and designs in the operator's permit.

4.8.b.7. A modification to a leachate treatment system must be completed within one (1) year after construction is initiated, unless the Secretary specifies a shorter period of time in the permit modification.

4.8.c. Liquid Storage.

4.8.c.1. Aboveground and Onground Tank Requirements.

4.8.c.1.A. Tanks may be constructed of concrete, steel, or other material approved by the Secretary. Tanks must be designed to prevent structural failure and be supported on a well-drained stable foundation that prevents movement, rolling, or settling of the tank.

4.8.c.1.A.1. Bottoms of steel tanks that rest on earthen material must be cathodically protected with either sacrificial anodes or an impressed current system that is designed, fabricated, and installed in accordance with the approved engineering report.

4.8.c.1.A.2. The exterior surfaces of all aboveground and onground steel storage tanks must be protected by a primer coat, a bond coat, and two (2) or more final coats of paint or have at least an equivalent surface coating system designed to prevent corrosion and deterioration.

4.8.c.1.A.3. The interior of all aboveground and onground tanks must consist of a material or must be lined with a material compatible to the liquid being stored.

4.8.c.1.B. All aboveground and onground tanks must have a secondary containment system that may consist of dikes, liners, pads, ponds, impoundments, curbs, ditches, sumps or other systems capable of containing the liquid stored.

4.8.c.1.B.1. The design volume for the secondary containment system must be one hundred ten percent (110%) of the volume of either the largest tank within the containment system or the total volume of all interconnected tanks, whichever is greater.

4.8.c.1.B.2. The secondary containment system must be constructed of a material compatible with the liquid stored. The containment system must be constructed of either:

4.8.c.1.B.2.(a) A minimum one (1) foot layer of compacted soil with a maximum permeability of 1 x 10^-7 centimeters per second;

4.8.c.1.B.2.(b) A concrete pad of a sufficient thickness to maintain integrity for the lifetime of the tank with a corrosion resistant coating; or

4.8.c.1.B.2.(c) A geo-synthetic liner of a minimum thickness equal to sixty (60) mils.

4.8.c.1.B.3. A system must be designed to contain and remove storm water from the secondary containment area. Provisions must be included for the removal of any accumulated precipitation (rain, snow or ice) and be initiated within twenty-four (24) hours or when ten percent (10%) of the storage capacity is reached; whichever occurs first. Disposal must be in compliance with W. Va. Code §§ 22-11-1, et seq., 22-15-1, et seq. and 22-12-1, et seq. and all applicable federal and state statutes, rules and regulations.

4.8.c.1.C. All aboveground and onground tanks must be equipped on the tank's discharge side with an overfill prevention system that may include, but not be limited to: level sensors and gauges, high level alarms or automatic shutoff controls. The overfill control equipment must be inspected weekly by the facility operator to ensure it is in good working order.

4.8.c.1.D. The exposed exterior of all aboveground and onground tanks must be inspected weekly by the facility operator for adequacy of the cathodic protection system, leaks, corrosion, and maintenance deficiencies. Interior inspection of tanks must be performed whenever the tank is drained. If the inspection reveals a tank or equipment deficiency, leak or any other deficiency that could result in failure of the tank to contain the liquid, remedial measures must be taken immediately to eliminate the leak or correct the deficiency. Inspection reports must be maintained and made available to the Secretary upon request for the lifetime of the liquid storage system.

4.8.c.1.E. All uncovered tanks must have a minimum two (2) feet freeboard. Odor and vector control must be practiced when necessary.

4.8.c.2. Underground Tank Requirements.

4.8.c.2.A. Underground tank systems including tanks and piping must be placed a minimum of two (2) feet above the seasonally high groundwater table and a minimum of two (2) feet vertical separation must be maintained between bedrock and the lowest point of the tank. The tank system must be installed in accordance with manufacturer installation instructions.

4.8.c.2.B. Tank systems may be constructed of fiberglass reinforced plastic, steel that is cathodically protected and coated with a suitable dielectric material, steel that is clad with fiberglass, or any other materials approved by the Secretary.

4.8.c.2.C. The secondary containment and a continuous leak detection system must be installed in the form of a double-walled tank, designed as an integral structure so that any release from the inner tank is completely contained by the outer shell.

4.8.c.2.C.1. The interstitial space must be monitored at least once per week by the facility operator for tightness using pressure monitoring, vacuum monitoring, electronic monitoring or an approved equivalent method.

4.8.c.2.C.2. Any tank system vulnerable to corrosion must be protected from both corrosion of the primary tank interior and the external surface of the outer shell.

4.8.c.2.C.2.(a) All resistant coatings applied to the primary tank interior must be chemically compatible with the liquid to be stored.

4.8.c.2.C.2.(b) All cathodic protection systems must be tested within six (6) months of installation and at least every three (3) years thereafter unless otherwise specified by the Secretary. A deficiency in the cathodic protection system must be corrected upon discovery.

4.8.c.2.D. All underground tanks must be equipped with an overfill prevention system that may include but not be limited to: level sensors and gauges, high level alarms, or automatic shutoff controls. The overfill control equipment must be inspected weekly by the facility operator to ensure it is in good working order.

4.8.c.2.E. Inspection and leak detection monitoring reports must be maintained and made available upon request for the lifetime of the liquid storage system.

4.8.c.3. Surface Impoundment Requirements.

4.8.c.3.A. Any surface impoundment must be constructed a minimum of five (5) feet above the seasonally high groundwater table. A minimum of four (4) feet vertical separation must be maintained between the base of the constructed liner and bedrock. Any surface impoundment that meets the definition of a "dam" found in W. Va. Code § 22-14-3 must first obtain a certificate of approval for a dam before a solid waste facility permit can be approved under this rule.

4.8.c.3.B. Surface impoundments subject to this rule must be constructed with a liner system consisting of a minimum of two (2) liners and a leak detection system. Surface impoundments currently in use that do not have liners and a leak detection system as prescribed in paragraph 4.8.c.3 of this rule must either be closed or retrofitted to conform to this subparagraph. Liner construction must include the following:

4.8.c.3.B.1. The top liner must be a synthetic liner with a minimum thickness equal to sixty (60) mils. A protective cover must be placed over this liner to prevent damage during clean-out operations.

4.8.c.3.B.2. A leak detection and removal system must be installed between the two (2) synthetic liners.

4.8.c.3.B.3. The lower composite liner must consist of a minimum of two (2) feet of compacted clay with a maximum permeability of 1 x 10^-7 centimeters per second overlain by a synthetic liner that is at least sixty (60) mils thick.

4.8.c.3.B.4. Quality assurance and quality control testing must be performed by the project engineer in conformance with the requirements identified in subdivision 4.5.e of this rule.

4.8.c.3.C. A minimum of two (2) feet of freeboard must be maintained in all surface impoundments. Odor and vector control must be practiced when necessary.

4.8.c.3.D. A minimum of three (3) groundwater monitoring wells, one (1) upgradient and two (2) downgradient of any surface impoundment may be required to be installed and sampled at the discretion of the Secretary in accordance with this rule.

4.8.c.3.E. The Secretary may determine the liner system requirements for surface impoundments of solid waste facilities, not including municipal solid waste landfills, on a case by case basis. At a minimum, the liner system must be at least as stringent as the liner requirements for the disposal/storage cell area of the facility.

4.8.c.4. Closure of Liquid Storage Facilities.

4.8.c.4.A. The permittee or operator of the liquid storage facility must prepare a written closure plan for the liquid storage facility and submit the plan with the permit application for the solid waste management facility.

4.8.c.4.B. The permittee or operator must complete closure activities in accordance with the approved closure plan and within one hundred eighty (180) days after liquid collection has ceased.

4.8.c.4.C. At closure, all liquid and solid waste must be removed from the tank or surface impoundment, connecting lines, and any associated secondary containment systems. All solid waste removed must be properly handled and disposed of in conformance with the provisions of the Act and applicable federal and state requirements. All connecting lines must be disconnected and securely capped or plugged.

4.8.c.4.C.1. Underground tanks must be removed or thoroughly cleaned to remove traces of waste and all accumulated sediments and then filled to capacity with a solid inert material, such as clean sand or concrete slurry. If groundwater is found to be contaminated from the tank, the tank and surrounding contaminated soil must be removed and appropriately disposed. Other corrective actions to remediate the contaminant plume may be required by the Secretary.

4.8.c.4.C.2. Accessways to aboveground and onground tanks must be securely fastened in place to prevent unauthorized access. Tanks must either be stenciled with the date of permanent closure or removed. The secondary containment system must be perforated to provide for drainage.

4.8.c.4.C.3. For surface impoundments, all waste residues, contaminated system components (e.g., liners) contaminated subsoils, structures, and equipment contaminated with waste must be removed and appropriately disposed. If the groundwater surrounding the impoundment is contaminated, other corrective actions to remediate a contaminant plume may be required by the Secretary. If the groundwater surrounding the impoundment is found not to be contaminated, the liner system may remain in place if drained, cleaned to remove all traces of waste, and both liners punctured so that drainage is allowed. The impoundment must be backfilled and regraded to the surrounding topography.

4.8.d. Leachate Analysis. -- The permittee must comply with the following sampling requirements at all monitoring points of the leachate collection and detection system as prescribed by the Secretary:

4.8.d.1. On a daily basis, the flow rate and volume of flowing liquids from the leachate collection and detection systems must be determined; and

4.8.d.2. On a semiannual basis, the chemical composition of the influent leachate prior to physical and chemical treatment must be determined through the analysis of the leachate for the parameters listed in Appendix I or as specified by the facility permit or order of the Secretary.

4.9. Water Quality Standards. -- All permittees are required under the provisions of W. Va. Code § 22-11-1, et seq. and the rules promulgated thereunder to comply with all applicable water quality standards.

4.10. Landfill Gas Management. -- Decomposition gases generated within a landfill must be controlled to avoid hazards to health, safety, or property. Measures to control decomposition gases must be undertaken in accordance with the following requirements:

4.10.a. Explosive Gases Control.

4.10.a.1. Effective means must be utilized by the permittee to prevent the migration of explosive gases generated in any facility structure, and to ensure that:

4.10.a.1.A. The concentration of methane or other explosive gases generated by the facility, including the waste fill, or any facility structure (excluding the leachate collection system or gas control or recovery system components) or in the soils or air at or beyond the facility property boundary does not exceed twenty-five percent (25%) of the lower explosive limit for methane or other such explosive gases in facility structures;

4.10.a.1.B. The concentration of methane and other explosive gases does not exceed the lower explosive detection limit for methane or other explosive gases at the facility property boundary; and

4.10.a.1.C. If required by the Secretary in writing, passive gas vents or other appropriate means to vent gas approved by the Secretary must be installed on disposal areas that have not received waste in six (6) months nor will receive waste in one (1) year, to control methane and other explosive gases. The number of gas vents must number a minimum of one (1) per acre.

4.10.b. Gas Monitoring Program. -- Permittees of all SWLFs must implement an ongoing (routine) explosive gas monitoring program to ensure that the standards of subdivision 4.10.a of this rule are met. The type and frequency of monitoring must be approved by the Secretary and be based on the following factors:

4.10.b.1. Soil conditions;

4.10.b.2. Hydrogeologic conditions surrounding the facility, including the disposal area;

4.10.b.3. The hydraulic conditions surrounding the facility, including the disposal site; and

4.10.b.4. The location of the any manmade or other facility structures and property boundaries.

4.10.b.5. The minimum frequency of monitoring must be quarterly.

4.10.c. Notification. -- Upon detection of methane or other explosive gas levels exceeding the limits specified in subdivision 4.10.a of this rule, the landfill owner and the appropriate officials identified in the contingency plan must:

4.10.c.1. Immediately take all necessary steps to ensure the safety and protection of human health and must immediately notify the Secretary, and

4.10.c.2. Within seven (7) days of detection, place in the operating record the methane gas levels detected and a description of the steps taken to protect human health; and

4.10.c.3. Within sixty (60) days of detection, implement a remediation plan for the methane gas releases, place a copy of the plan in the operating record, and notify the Secretary that the plan has been implemented.

4.10.c.4. The plan must describe the nature and extent of the problem and the proposed remedy.

4.10.c.5. The Secretary may establish alternative schedules for demonstrating compliance with paragraphs 4.10.c.2, 4.10.c.3, and 4.10.c.4.

4.11. Groundwater Monitoring and Corrective Action Program.

4.11.a. Groundwater Monitoring Program. -- The groundwater sampling and analysis requirements for the groundwater monitoring system are as follows:

4.11.a.1. Groundwater Sampling and Analysis Requirements. -- The ground-water monitoring program submitted by the permittee must include consistent sampling and analysis procedures that are designed to ensure monitoring results that provide an accurate representation of the groundwater quality at the background and downgradient wells installed in compliance with paragraph 3.8.d.1 after approval by the Secretary. The permittee must retain a copy in the operating record. At a minimum, the program must include procedures and techniques for:

4.11.a.1.A. Sample collection;

4.11.a.1.B. Sample preservation and shipment;

4.11.a.1.C. Analytical procedures;

4.11.a.1.D. Chain of custody control; and

4.11.a.1.E. Quality assurance and quality control.

4.11.a.2. The groundwater monitoring program must include sampling and analytical methods that are appropriate for groundwater sampling and that accurately measures hazardous constituents and other monitoring parameters in groundwater samples. The sampling and analysis methods must follow the approved quality assurance/quality control plan, and the Secretary will require resampling if he or she believes the samples were not properly sampled or analyzed.

4.11.a.2.A. Groundwater samples must not be field-filtered prior to laboratory analysis, except when monitoring for dissolved metals.

4.11.a.3. The permittee must determine groundwater flow rate and direction of groundwater in the uppermost significant aquifer at least annually.

4.11.a.3.A. The sampling procedures and frequency must be protective of human health and the environment.

4.11.a.4. The permittee must establish background groundwater quality for each of the monitoring parameters of constituents required in the particular groundwater monitoring program that applies to the facility, as determined by the Phase I or Phase II monitoring program. The minimum number of samples used to establish background groundwater quality must be consistent with the appropriate statistical procedures as specified in paragraph 4.11.a.7 of this rule.

4.11.a.5. Background quality at existing facilities may be based on sampling of wells that are not upgradient from the waste management area where:

4.11.a.5.A. Hydrogeologic conditions do not allow the permittee to determine what wells are upgradient; and

4.11.a.5.B. Sampling at other wells will provide an indication of background groundwater quality that is as representative or more representative than that provided by the upgradient wells.

4.11.a.5.C. Groundwater elevations must be measured in each well immediately prior to purging each time groundwater is sampled.

4.11.a.5.D. The permittee must determine the rate and direction of groundwater flow each time groundwater is sampled.

4.11.a.5.E. Groundwater elevations in wells that monitor the same waste management area must be measured within a period of time short enough to avoid temporal variations in groundwater flow that could preclude accurate determination of groundwater flow rate and direction.

4.11.a.5.F. The sampling procedures must be those specified in paragraph 4.11.b.2 for Phase I Detection Monitoring, paragraphs 4.11.c.2 and 4.11.c.3 for Phase II Assessment Monitoring, and subdivision 4.11.e for Corrective Action.

4.11.a.6. The permittee must determine whether there is a statistically significant increase over background values for each parameter or constituent required in the particular groundwater monitoring program that applies to the facility as determined for Phase I and Phase II monitoring programs. The permittee must make these statistical determinations each time he or she assesses groundwater quality.

4.11.a.6.A. In determining whether a statistically significant increase has occurred, the permittee must compare the groundwater quality at each monitoring well at the waste management boundary for each parameter or constituent to the background value for that parameter or constituent, according to the statistical procedures.

4.11.a.6.B. The permittee must determine whether there has been a statistically significant increase at each monitoring well at the facility boundary immediately after completion of sampling.

4.11.a.7. The permittee must employ one of the following statistical procedures in combination with the designated sampling requirement to determine a statistically significant increase. The permittee must specify in the operating record which one of the statistical methods was used in evaluating groundwater monitoring data for each hazardous constituent. The statistical test chosen must be conducted separately for each hazardous constituent in each well.

4.11.a.7.A. A parametric analysis of variance (ANOVA) followed by multiple comparisons procedures to identify statistically significant evidence of contamination. The procedure or methods must include estimation and testing of the contrasts between each compliance (downgradient) well's mean and the background mean levels for each constituent.

4.11.a.7.B. An analysis of variance (ANOVA) based on ranks followed by multiple comparisons procedures to identify statistically significant evidence of contamination. The procedure or method must include estimation and testing of the contrasts between each compliance (downgradient) well's mean and the background mean levels for each constituent.

4.11.a.7.C. A tolerance or prediction interval procedure in which an interval for each constituent is established from the distribution of the background data and the level of each constituent in each compliance well is compared to the upper tolerance or prediction limit, or

4.11.a.7.D. A control chart approach that gives control limits for each constituent.

4.11.a.7.E. Another statistical test method that meets the performance standards of subparagraph 4.11.a.9.D may be utilized, provided that:

4.11.a.7.E.1. The permittee must place a justification for this alternative in the operating record and notify the Secretary of the use of this alternative test; and

4.11.a.7.E.2. The justification must demonstrate that the alternative method meets the performance standards of paragraph 4.11.a.9.

4.11.a.8. The Secretary may establish an alternative sampling procedure and statistical test for any of the constituents listed in Appendix I or II of this rule, as required to protect human health and the environment. Factors to consider for establishing this alternative statistical procedure include:

4.11.a.8.A. If the distributions for different constituents differ, more than one procedure may be needed. The permittee must show that the normal distribution is not appropriate if using a nonparametric or other methodology not requiring an assumption of normality. For any statistic not based on a normal distribution, a goodness of fit test must be conducted to demonstrate that the normal distribution is not appropriate. Other tests must be conducted to demonstrate that the assumptions of the statistic or distribution are not grossly isolated;

4.11.a.8.B. Each parameter or constituent must be tested for separately. Each time that a test is done, the test for individual constituents must be done at a type I error level no less than 0.01. A multiple comparison procedure may be used at a type I experiment-wide error rate no less than 0.05. The owner or operator must evaluate the ability of the method to detect contamination that is actually present and may be required to increase the sample size to achieve an acceptable error level;

4.11.a.8.C. The statistical procedure must be appropriate for the behavior of the parameters or constituents involved. It must include methods for handling data below the limit of detection. The permittee must evaluate different ways of dealing with values below the limit of detection and choose the one that is most protective of human health and the environment. In cases where there are a high proportion of values below limits of detection, the permittee may demonstrate that an alternative procedure is more appropriate; and

4.11.a.8.D. The statistical procedure used must account for seasonal and spatial variability and temporal correlation.

4.11.a.9. If contamination is detected by any of the statistical tests, and the Secretary or permittee suspects that detection is an artifact caused by some feature of the data other than contamination, the Secretary may specify that statistical tests of trend, seasonal variation, autocorrelation, or other interfering aspects of the data be done to establish whether the significant result is indicative of detection of contamination or resulted from natural variation.

4.11.a.9.A. The permittee must determine whether there is a statistically significant increase (or decrease, in the case of Phase I) over background values for each parameter or constituent required in the particular groundwater monitoring program that applies to the landfill, as determined under paragraph 4.11.b.1 or 4.11.c.1 of this rule. The permittee must make these statistical determinations each time he or she assesses groundwater quality at the landfill.

4.11.a.9.B. In determining whether a statistically significant increase or decrease has occurred, the permittee must compare the groundwater quality of each parameter or constituent at each monitoring well designated pursuant to subparagraph 3.8.d.1.J to the background value of that parameter or constituent, according to the statistical procedures specified under subsection 4.11 of this rule.

4.11.a.9.C. Within a reasonable time period after completing sampling and analysis as determined by the Secretary, the permittee must determine whether there has been a statistically significant increase over background at each monitoring well.

4.11.a.9.D. Any statistical method chosen under paragraph 4.11.a.7 must comply with the following performance standards, as appropriate:

4.11.a.9.D.1. The statistical method used to evaluate groundwater monitoring data must be appropriate for the distribution of chemical parameters or hazardous constituents.

4.11.a.9.D.2. If the distribution of the chemical parameters or hazardous constituents is shown by the permittee to be inappropriate for a normal theory test, then the data should be transformed or a distribution-free theory test should be used.

4.11.a.9.D.3. If the distributions for the constituents differ, more than one statistical method may be needed.

4.11.a.9.E. If an individual well comparison procedure is used to compare an individual compliance well constituent concentration with background constituent concentrations or a groundwater protection standard, the test must be done at a Type I error level no less than 0.01 for each testing period.

4.11.a.9.E.1. If a multiple comparisons procedure is used, the Type I experiment wise error rate for each testing period must be no less than 0.05; however, the Type I error of no less than 0.01 for individual well comparisons must be maintained.

4.11.a.9.E.2. This performance standard does not apply to tolerance intervals, prediction intervals, or control charts.

4.11.a.9.F. If a control chart approach is used to evaluate groundwater monitoring data, the specific type of control chart and its associated parameter values must be protective of human health and the environment.

4.11.a.9.F.1. The parameters must be determined after considering the number of samples in the background data base, the data distribution, and the range of the concentration values for each constituent of concern.

4.11.a.9.G. If a tolerance interval or a predictional interval is used to evaluate groundwater monitoring data, the levels of confidence and, for tolerance intervals, the percentage of the population that the interval must contain, and must be protective of human health and the environment.

4.11.a.9.G.1. These parameters must be determined after considering the number of samples in the background data base, the data distribution, and the range of the concentration values for each constituent of concern.

4.11.a.9.H. The statistical method must account for data below the limit of detection with one or more statistical procedures that are protective of human health and the environment.

4.11.a.9.H.1. Any practical quantitation limit (PQL) that is used in the statistical method must be the lowest concentration level that can be reliably achieved within specified limits of precision and accuracy during routine laboratory operating conditions that are available to the facility, as must be a concentration level less than the maximum contamination level (MCL) referenced in Appendix III to this rule.

4.11.a.9.I. If necessary, the statistical method must include procedures to control or correct for seasonal and spatial variability as well as temporal correlation in the data.

4.11.a.10. Once established at a SWLF, groundwater monitoring must be conducted throughout the active life and post-closure care period of that SWLF as specified in section 6 of this rule.

4.11.a.11. The permittee may request the Secretary to establish an alternative schedule(s) for demonstrating compliance with subdivision 3.8.d, pertaining to notification of placement of certification in the operating record; subdivisions 4.11.b pertaining to notification that statistically significant increase (SSI) notice is in the operating record; subdivision 4.11.b and paragraph 4.11.c.2, pertaining to an assessment monitoring program; subdivision 4.11.c, pertaining to sampling and analyzing Appendix II constituents; subparagraph 4.11.c.4.B pertaining to placement of notice (Appendix II constituents detected) in the operating record and notification of notice in the operating record; paragraph 4.11.c.7, pertaining to sampling for Appendix I and II to this rule; paragraph 4.11.c.7, pertaining to notification (and placement of notice in operating record) of SSI above groundwater protection standard; subdivisions 4.11.e and 4.11.f, pertaining to assessment of corrective measures; and subdivision 4.11.g, pertaining to selection of remedy and notification of placement in the operating record; alternative corrective action measures and notification of placement in the operating record; and certification of remedy completion and notification of placement in the operating record.

4.11.b. Phase I Detection Monitoring Program.

4.11.b.1. Program Requirements. -- A Phase I Detection Monitoring Program is required for all groundwater monitoring wells at all landfills and solid waste disposal surface impoundments except as otherwise provided in subdivision 4.11.c of this rule.

4.11.b.2. At a minimum, a Phase I detection monitoring program for commercial solid waste facilities must include the monitoring parameters listed in Appendix I, or as specified in the facility permit or order of the Secretary. For Class F solid waste facilities, the Secretary will specify in the permit those parameters to be included in a Phase I monitoring program as appropriate for the types of waste to be disposed in a particular solid waste facility or that are reasonably expected to be present. Such proposed monitoring parameters must be submitted to the Secretary as part of the permit application process. For coal combustion by-product facilities, the monitoring parameters must consist of some combination of the following: pH, temperature, alkalinity, hardness, total dissolved solids, total suspended solids, specific conductance, total organic carbon, calcium, magnesium, sodium, iron, manganese, aluminum, chloride, sulfate, arsenic, copper, nickel, selenium, zinc, barium, mercury, total and hexavalent chromium, lead, boron, molybdenum, cadmium, and vanadium.

4.11.b.2.A. The Secretary may delete any of the Appendix I monitoring parameters for a SWLF if it can be shown that the removed constituents are not reasonably expected to be contained in or derived from the waste contained in the SWLF.

4.11.b.2.B. The Secretary may establish an alternative list of inorganic indicator parameters for a SWLF in lieu of some or all of the heavy metals (constituents in Appendix I to this rule), if the alternative parameters provide a reliable indication of inorganic releases from the SWLF to the groundwater.

4.11.b.2.B.1. In determining alternative parameters, the Secretary may consider the following factors:

4.11.b.2.B.1.(a) The types, quantities, and concentrations of constituents in waste managed at the SWLF;

4.11.b.2.B.1.(b) The mobility, stability, and persistence of waste constituents or their reaction products in the unsaturated zone beneath the SWLF;

4.11.b.2.B.1.(c) The detectability of indicator parameters, waste constituents, and reaction products in the groundwater; and

4.11.b.2.B.1.(d) The concentration or values and coefficients of variation of monitoring parameters or constituents in the groundwater background.

4.11.b.3. Phase I Sampling and Analysis Procedures.

4.11.b.3.A. The monitoring frequency for all constituents listed in Appendix I of this rule must be at least twice a year during the active life of the facility, including closure and the post-closure periods. The Secretary may require more frequent monitoring on a site-specific basis by considering aquifer flow rate and existing quality of the groundwater.

4.11.b.3.B. A minimum of four independent samples from each well (background and downgradient) must be collected and analyzed in accordance with subparagraph 4.11.b.2.B, during the first semiannual sampling event.

4.11.b.3.C. At least one sample from each well (background and downgradient) must be collected and analyzed during subsequent semiannual sampling events.

4.11.b.3.D. The Secretary may specify an appropriate alternative frequency for repeated sampling and analysis for Appendix I constituents or the alternative list approved in accordance with subparagraph 4.11.b.2.B, during the active life (including closure) and the post-closure care period.

4.11.b.3.E. The alternative frequency during the active life (including closure) must be no less than annual.

4.11.b.3.F. The alternative frequency must be based on consideration of the following factors:

4.11.b.3.F.1. Lithology of the aquifer and unsaturated zone;

4.11.b.3.F.2. Hydraulic conductivity of the aquifer and unsaturated zone;

4.11.b.3.F.3. Groundwater flow rates;

4.11.b.3.F.4. Minimum distance between upgradient edge of the SWLF and downgradient monitoring well screen (minimum distance of travel); and

4.11.b.3.F.5. Resource value of the aquifer.

4.11.b.4. Unless otherwise directed by the Secretary, if the permittee determines, pursuant to this rule, that there is a statistically significant increase over background for one or more of the constituents listed in Appendix I to this rule or in the alternative list approved in accordance with subparagraph 4.11.b.2.B, Phase I parameter at the boundary specified under subparagraph 3.8.d.1.J the permittee must:

4.11.b.4.A. Within fourteen (14) days, place a notice in the operating record indicating which constituents have shown statistically significant changes from background levels and notify the Secretary that this notice was placed in the operating record;

4.11.b.4.B. Within thirty (30) days, repeat the sampling of the groundwater in all appropriate monitoring wells as approved by the Secretary and determine the concentration of all constituents designated in paragraph 4.11.b.2 of this rule that are present in the groundwater; and

4.11.b.4.C. If the repeat sampling indicates that no statistically significant increase over background levels has occurred, continue monitoring at the Phase I level; or

4.11.b.4.D. If the repeat sampling confirms that a statistically significant increase over background levels has occurred, establish a Phase II assessment monitoring program meeting the requirements of subdivision 4.11.c of this rule within ninety (90) days of confirmation, except as provided for in paragraph 4.11.b.3.

4.11.b.5. Other Source Determination.

4.11.b.5.A. The permittee may demonstrate that a source other than a SWLF caused the contamination or that the statistically significant increase resulted from error in sampling, analysis, statistical evaluation, or natural variation in groundwater quality. A report documenting this demonstration must be certified by a qualified groundwater scientist approved by the Secretary and be placed in the operating record.

4.11.b.5.B. If the Secretary agrees that a successful demonstration has been made and documented, the permittee may resume Phase I Detection Monitoring as specified in this rule.

4.11.b.5.C. If, after ninety (90) days, a successful demonstration has not been made, the permittee must continue a Phase II Assessment Monitoring Program as required in subdivision 4.11.c.

4.11.c. Phase II Assessment Monitoring Program.

4.11.c.1. A Phase II assessment monitoring program is required whenever statistically significant increases over background have been detected between background and downgradient monitoring wells for one or more constituents listed in Appendix I or in the alternative list approved by the Secretary in accordance with subparagraph 4.11.b.2.B.

4.11.c.2. Phase II Sampling and Analysis Procedures. -- A Phase II monitoring program must include semiannual monitoring of all constituents identified in Appendix II of this rule in addition to specified Phase I parameters, or in the case of Class F solid waste facilities, those specified by the Secretary unless waived by the Secretary upon request of the permittee.

4.11.c.2.A. Within ninety (90) days of triggering an assessment monitoring program, and annually thereafter, the permittee must sample and analyze the groundwater for all constituents identified in Appendix II of this rule.

4.11.c.2.B. A minimum of one (1) sample from each downgradient well must be collected and analyzed during each sampling event.

4.11.c.2.C. For any constituent detected in the downgradient wells as the result of the complete Phase II analysis, a minimum of four (4) independent samples from each well (background and downgradient) must be collected and analyzed to establish background for new constituents.

4.11.c.2.D. The Secretary may specify an appropriate subset of wells to be sampled and analyzed for Phase II constituents during assessment monitoring.

4.11.c.2.E. The Secretary may delete any of the Phase II monitoring parameters for a SWLF if it can be shown that the removed constituents are not reasonably expected to be in or derived from the waste contained in the SWLF.

4.11.c.2.F. For those Phase II constituents that are determined to be below the detectable limits of the standard analytical methods, the Secretary may reduce the required monitoring frequency. In no case may the monitoring frequency be less than once per year.

4.11.c.2.G. If the permittee finds no Phase II constituent in groundwater during the initial sampling made pursuant to a Phase II assessment monitoring program, the permittee may petition the Secretary for a reinstatement of the Phase I monitoring program. Within ninety (90) days of the receipt of such a petition, the Secretary may either approve or deny the petition and notify the permittee of the decision in writing.

4.11.c.3. The Secretary may specify an appropriate alternative frequency for repeated sampling and analysis for the full set of Appendix II constituents required by paragraph 4.11.c.2 of this rule during the active life (including closure) and post-closure care of the SWLF considering the following factors:

4.11.c.3.A. Lithology of the aquifer and unsaturated zone;

4.11.c.3.B. Hydraulic conductivity of the aquifer and unsaturated zone;

4.11.c.3.C. Groundwater flow rates;

4.11.c.3.D. Minimum distance between upgradient edge of the SWLF and downgradient monitoring well screen (minimum distance of travel);

4.11.c.3.E. Resource value of the aquifer; and

4.11.c.3.F. Nature (fate and transport) of any constituents detected in response to this subparagraph.

4.11.c.4. Recording and resampling.

4.11.c.4.A. After obtaining the results from the initial or subsequent sampling events required in paragraph 4.11.c.2, the permittee must, within fourteen (14) days, place a notice in the operating record identifying the Phase II constituents that have been detected, and notify the Secretary that this notice has been placed in the operating record;

4.11.c.4.B. Required Permittee Resampling Procedures for Phase II Events.

4.11.c.4.B.1. Within ninety (90) days, and on at least a semiannual basis thereafter, resample all wells specified by subdivision 3.8.d. The permittee must conduct analyses for all constituents in Appendix I to this rule or in the alternative list approved in accordance with subdivision 4.11.b and for those constituents in Appendix II to this rule that are detected in response to paragraph 4.11.b.3 and record their concentrations in the facility operating record.

4.11.c.4.B.2. At least one sample of each well (background and downgradient) must be collected and analyzed during these sampling events.

4.11.c.4.B.3. The Secretary may specify an alternative monitoring frequency during the active life (including closure) and post-closure period for the constituents referred to in this part.

4.11.c.4.B.4. The alternative frequency for Appendix I constituents, or the alternative list approved in accordance with subparagraph 4.11.b.2.B, during the active life (including closure) must be no less than annual.

4.11.c.4.B.5. The alternative frequency must be based on consideration of the factors specified in paragraph 4.11.c.3.

4.11.c.4.C. Establish background concentrations for any constituents detected pursuant to paragraph 4.11.c.2 or 4.11.c.4, and

4.11.c.4.D. Groundwater Protection Standards.

4.11.c.4.D.1. Establish groundwater protection standards for all constituents detected pursuant to paragraph 4.11.c.2 or 4.11.c.4.

4.11.c.4.D.2. The groundwater protection standards must be established in accordance with paragraph 4.11.c.8 or 4.11.c.9.

4.11.c.5. If the concentrations of all Phase II constituents are shown to be at or below background values, using the statistical procedures in paragraphs 4.11.a.7 and 4.11.a.8 of this rule, for two consecutive sampling events, the permittee must notify the Secretary of this finding and may return to Phase I detection monitoring.

4.11.c.6. If the concentrations of any Phase II constituents are above background values, but all concentrations are below the groundwater protection standard established in paragraphs 4.11.c.8 or 4.11.c.9, using the statistical procedures in paragraphs 4.11.a.7 and 4.11.a.8 of this rule, the permittee must continue assessment monitoring in accordance with this rule.

4.11.c.7. Statistically Significant Level Above Groundwater Protection Standards.

4.11.c.7.A. If one or more Phase II constituents are detected at statistically significant levels above groundwater protection standard established in paragraph 4.11.c.8 or 4.11.c.9 in any sampling event, the permittee must, within fourteen (14) days of this finding, place a notice in the operating record identifying the Phase II constituents that have exceeded the groundwater protection standard and notify the Secretary and all appropriate local government officials that the notice has been placed in the operating record. The permittee must also:

4.11.c.7.A.1. Characterize the nature and extent of the release by installing additional monitoring wells as necessary;

4.11.c.7.A.2. Install at least one additional monitoring well at the facility boundary in the direction of contaminant migration and sample this well in accordance with subparagraph 4.11.c.4.B;

4.11.c.7.A.3. Notify all persons who own the land or reside on the land that directly overlies any part of the plume of contamination if contaminants have migrated off-site if indicated by sampling of wells in accordance with paragraph 4.11.c.7; and

4.11.c.7.A.4. Initiate an assessment of corrective measures as required by subdivision 4.11.e of this rule within ninety (90) days; or

4.11.c.7.B. Other Source of Statistically Significant Increase (SSI) Determination.

4.11.c.7.B.1. The permittee may demonstrate that a source other than a SWLF caused the contamination, or that the SSI resulted from error in sampling, analysis, statistical evaluation, or natural variation in groundwater quality.

4.11.c.7.B.2. A report documenting this demonstration must be certified by a qualified groundwater scientist and approved by the Secretary of an approved state and placed in the operating record.

4.11.c.7.B.3. If the Secretary agrees that a successful demonstration has been made, the permittee must continue monitoring in accordance with the assessment (Phase II) monitoring program pursuant to subdivision 4.11.c, and may return to Phase I detection monitoring if the Phase II constituents upon resampling are at or below background as specified in paragraph 4.11.c.5.

4.11.c.7.B.4. Until the Secretary agrees that a successful demonstration has been made, the permittee must continue to comply with paragraph 4.11.c.7, including initiating an assessment of corrective measures.

4.11.c.8. Establishment of Groundwater Protection Standards.

4.11.c.8.A. The permittee must establish a groundwater protection standard for each Phase II constituent detected in the groundwater.

4.11.c.8.B. The groundwater protection standard must be as follows:

4.11.c.8.B.1. For constituents for which a maximum contaminant level (MCL) has been promulgated under section 1412 of the Safe Drinking Water Act, codified at 40 C.F.R. §141, or groundwater standards listed in 47CSR12, or the MCL for that constituent;

4.11.c.8.B.2. For constituents for which MCLs have not been promulgated, the background concentration for the constituent established from wells in accordance with subdivision 3.8.d; or

4.11.c.8.B.3. For constituents for which the background level is higher than the MCL identified in paragraph 4.11.c.8, or health-based levels identified in paragraph 4.11.c.9 for the background concentration.

4.11.c.9. Alternative Groundwater Protection Standards.

4.11.c.9.A. The Secretary may consider an alternative groundwater protection standard in consultation with the environmental water quality board pursuant to 47CSR57 for constituents for which water quality standards have not been established.

4.11.c.9.B. These groundwater protection standards must be appropriate health-based levels that satisfy the following criteria:

4.11.c.9.C. The level is derived in a manner consistent with EPA guidelines for assessing the health risks of environmental pollutants (51 FR 33992, 34006, 34014, 34028, September 24, 1986);

4.11.c.9.D. The level is based on scientifically valid studies conducted in accordance with the Toxic Substances Control Act, Good Laboratory Practice Standards ( 40 C.F.R. §792) or equivalent;

4.11.c.9.E. For carcinogens, the level represents a concentration associated with an excess lifetime cancer risk level (due to continuous lifetime exposure) with the 1 x 10^-4 to 1 x 10^-6 range; and

4.11.c.9.F. Systemic Toxicants.

4.11.c.9.F.1. For systemic toxicants, the level represents a concentration to which the human population (including sensitive subgroups) could be exposed on a daily basis that is likely to be without appreciable risk of deleterious effects during a lifetime.

4.11.c.9.F.2. For purposes of this paragraph, systemic toxicants include toxic chemicals that cause effects other than cancer or mutation.

4.11.c.10. In establishing groundwater protection standards under paragraph 4.11.c.9, the Secretary may consider the following:

4.11.c.10.A. Multiple contaminants in the groundwater;

4.11.c.10.B. Exposure threats to sensitive environmental receptors; and

4.11.c.10.C. Other site-specific exposure or potential exposure to groundwater.

4.11.d. (Reserved).

4.11.e. Assessment of Corrective Measures. -- Whenever a statistically significant increase is found in a Phase II monitoring parameter, or when groundwater contamination is otherwise identified by the Secretary at sites without monitoring programs, which is determined by the Secretary to have resulted in a significant adverse effect on an aquifer and which is attributable to a solid waste facility, the Secretary may require appropriate corrective or remedial action pursuant to this Act, the Water Pollution Control Act or the Groundwater Protection Act to abate, remediate or correct such pollution. Any such corrective or remedial action order must take into account any applicable groundwater quality protection standards and/or background groundwater quality, pursuant to the requirements of the Groundwater Protection Act, W. Va. Code § 22-12-1, et seq., the existing use of such waters, the reasonable uses of such waters, background water quality, and the protection of human health and the environment.

4.11.e.1. Within ninety (90) days of finding that any of the constituents listed in Appendix II have been detected at a statistically significant level exceeding the groundwater protection standards defined in paragraph 4.11.c.8 or 4.11.c.9 of this rule, the permittee must initiate an assessment of corrective measures.

4.11.e.1.A. Such an assessment must be completed within a period of time as agreed to in writing by the Secretary.

4.11.e.2. The permittee must continue to monitor in accordance with the assessment monitoring program as specified in subdivision 4.11.c.

4.11.e.3. The assessment must include an analysis of the effectiveness of potential corrective measures in meeting all of the requirements and objectives of the remedy as described in subdivision 4.11.f, addressing at least the following:

4.11.e.3.A. The performance, reliability, ease of implementation, and potential impacts of appropriate potential remedies, including safety impacts, cross-media impacts, and control of exposure to any residual contamination;

4.11.e.3.B. The time required to begin and complete the remedy;

4.11.e.3.C. The costs of remedy implementation; and

4.11.e.3.D. The institutional requirements, such as state or local permit requirements or other environmental or public health requirements that may substantially affect implementation of the remedy(ies).

4.11.e.4. The permittee must discuss the results of the corrective measures assessment prior to the selection of remedy in a public meeting with interested and affected parties.

4.11.f. Selection of Remedy.

4.11.f.1. Based on the results of the corrective measures assessment conducted pursuant to subdivision 4.11.e, the permittee must select a remedy that, at a minimum, meets the standards listed in paragraph 4.11.f.2.

4.11.f.1.A. The permittee must notify the Secretary, within fourteen (14) days of selecting a remedy, by sending him or her a report describing the selected remedy, stating that it has been placed in the operating record, and describing how it meets the standards in paragraph 4.11.f.2.

4.11.f.2. Remedies must:

4.11.f.2.A. Be protective of human health and the environment and maintain existing groundwater quality, pursuant to the requirements of the Groundwater Protection Act, W. Va. Code § 22-12-1, et seq.;

4.11.f.2.B. Attain the groundwater protection standard as specified in paragraphs 4.11.c.8 or 4.11.c.9;

4.11.f.2.C. Control the source(s) of releases so as to reduce or eliminate further releases of Phase II constituents into the environment; and

4.11.f.2.D. Comply with standards for management of wastes as specified in paragraph 4.11.g.4.

4.11.f.3. In selecting a remedy that meets the standards of paragraph 4.11.f.2, the permittee must consider the following evaluation factors:

4.11.f.3.A. The long and short-term effectiveness and protectiveness of the potential remedy(ies), along with the degree of certainty that the remedy(ies) will prove successful based on consideration of the following:

4.11.f.3.A.1. Magnitude of reduction of existing risks;

4.11.f.3.A.2. Magnitude of residual risks in terms of likelihood of further releases due to waste remaining following implementation of a remedy;

4.11.f.3.A.3. The type and degree of long-term management required, including monitoring, operation, and maintenance;

4.11.f.3.A.4. Short-term risks that might be posed to the community, workers, or the environment during implementation of such a remedy, including potential threats to human health and the environment associated with excavation, transportation, and re-disposal of containment;

4.11.f.3.A.5. Time until full protection is achieved;

4.11.f.3.A.6. Potential for exposure of humans and environmental receptors to remaining wastes, considering the potential threat to human health and the environment associated with excavation, transportation, re-disposal, or containment;

4.11.f.3.A.7. Long-term reliability of the engineering and institutional controls; and

4.11.f.3.A.8. Potential need for replacement of the remedy.

4.11.f.3.B. The effectiveness of the remedy in controlling the source to reduce further releases based on consideration of the following factors:

4.11.f.3.B.1. The extent to which containment practices will reduce further releases;

4.11.f.3.B.2. The extent to which treatment technologies may be used;

4.11.f.3.C. The ease or difficulty of implementing a potential remedy(ies) based upon consideration of the following types of factors:

4.11.f.3.C.1. Degree of difficulty associated with constructing the technology;

4.11.f.3.C.2. Expected operational reliability of the technologies;

4.11.f.3.C.3. Need to coordinate with and obtain necessary approvals and permits from other agencies;

4.11.f.3.C.4. Availability of necessary equipment and specialists; and

4.11.f.3.C.5. Available capacity and location of needed treatment, storage, and disposal services.

4.11.f.3.D. Practicable capability of the permittee, including a consideration of the technical and economic capability.

4.11.f.3.E. The degree to which community concerns are addressed by a potential remedy(ies).

4.11.f.4. The permittee must specify as part of the selected remedy a schedule(s) for initiating and completing remedial activities.

4.11.f.4.A. Such a schedule must require the initiation of remedial activities within period of time agreed to in writing by the Secretary, taking into consideration the factors set forth in paragraph 4.11.f.4.

4.11.f.4.B. The permittee must consider the following factors in determining the schedule of remedial activities:

4.11.f.4.B.1. Extent and nature of contamination;

4.11.f.4.B.2. Practical capabilities of remedial technologies in achieving compliance with groundwater protection standards established under paragraph 4.11.c.7 or 4.11.c.8 and other objectives of the remedy;

4.11.f.4.B.3. Availability of treatment or disposal capacity for wastes managed during implementation of the remedy;

4.11.f.4.B.4. Desirability of utilizing technologies that are not currently available, but that may offer significant advantages over already available technologies in terms of effectiveness, reliability, safety, or ability to achieve remedial objectives;

4.11.f.4.B.5. Potential risks to human health and the environment from exposure to contamination prior to completion of the remedy;

4.11.f.4.B.6. The hydro-geologic characteristics of the facility and the surrounding land and aquifer including:

4.11.f.4.B.6.(a) Current and future uses;

4.11.f.4.B.6.(b) Proximity and withdrawal rate of users;

4.11.f.4.B.6.(c) Ground-water quantity and quality;

4.11.f.4.B.6.(d) The potential damage to wildlife, crops, vegetation, and physical structures caused by exposure to waste constituent(s);

4.11.f.4.B.6.(e) Ground-water removal and treatment costs; and

4.11.f.4.B.6.(f) The cost and availability of alternative water supplies.

4.11.f.4.B.7. Practicable capability of the permittee.

4.11.f.4.B.8. Other relevant factors.

4.11.f.5. The Secretary may determine that remediation of a release of a Phase II constituent from a SWLF is not necessary if the permittee demonstrates to the satisfaction of the Secretary that:

4.11.f.5.A. The groundwater is additionally contaminated by substances that have originated from a source other than a SWLF and those substances are present in concentrations such that cleanup of the release from the SWLF would provide no significant reduction in risk to actual or potential receptors; or

4.11.f.5.B. The constituent(s) is present in groundwater that:

4.11.f.5.B.1. Is not currently or reasonably expected to be a source of drinking water; and

4.11.f.5.B.2. Is not hydraulically connected with waters to which the hazardous constituents are migrating or are likely to migrate in a concentration(s) that would exceed the groundwater protection standards established under paragraph 4.11.c.8 or 4.11.c.9; or

4.11.f.5.C. Remediation of the release(s) is technically impracticable; or

4.11.f.5.D. Remediation results in unacceptable cross-media impacts.

4.11.f.6. A determination by the Secretary pursuant to paragraph 4.11.f.5 must not affect the authority of the state to require the permittee to undertake source control measures or other measures that may be necessary to eliminate or minimize further releases to the groundwater, to prevent exposure to the groundwater, or to remediate the groundwater to concentrations that are technically practicable and significantly reduce threats to human health or the environment.

4.11.g. Implementation of the Corrective Action Program.

4.11.g.1. Based on the schedule established in paragraph 4.11.f.4 for initiation and completion of remedial activities the permittee must:

4.11.g.1.A. Establish and implement a corrective action groundwater monitoring program that:

4.11.g.1.A.1. At a minimum, meets the requirements of an assessment monitoring program under subdivision 4.11.c;

4.11.g.1.A.2. Indicate the effectiveness of the corrective action remedy; and

4.11.g.1.A.3. Demonstrate compliance with the Groundwater Protection Act, W. Va. Code § 22-12-1, et seq. and/or the groundwater standard pursuant to paragraph 4.11.g.5.

4.11.g.1.B. Implement the corrective action remedy selected under subdivision 4.11.f; and

4.11.g.1.C. Take any interim measures necessary to ensure the protection of human health and the environment.

4.11.g.1.C.1. Interim measures must, to the greatest extent practicable, be consistent with the objectives of and contribute to the performance of any remedy that may be required pursuant to subdivision 4.11.f.

4.11.g.1.C.2. The following factors must be considered by a permittee in determining whether interim measures are necessary:

4.11.g.1.C.2.(a) Time required to develop and implement a final remedy;

4.11.g.1.C.2.(b) Actual or potential exposure of nearby populations or environmental receptors to hazardous constituents;

4.11.g.1.C.2.(c) Actual or potential contamination of drinking water supplies or sensitive ecosystems;

4.11.g.1.C.2.(d) Further degradation of the groundwater that may occur if remedial action is not initiated expeditiously;

4.11.g.1.C.2.(e) Weather conditions that may cause hazardous constituents to migrate or be released;

4.11.g.1.C.2.(f) Risks of fire or explosion, or potential for exposure to hazardous constituents as a result of an accident or failure of a container or handling system; and

4.11.g.1.C.2.(g) Other situations that may pose threats to human health and the environment.

4.11.g.2. A permittee may determine, based on information developed after implementation of the remedy has begun or other information, that compliance with requirements of paragraph 4.11.f.2 are not being achieved through the remedy selected.

4.11.g.2.A. In such cases, the permittee must implement other methods or techniques that could practicably achieve compliance with the requirements, unless the permittee makes the determination under paragraph 4.11.g.3.

4.11.g.3. If the permittee determines that compliance with requirements of paragraph 4.11.f.2 of this rule cannot be practically achieved with any currently available methods, the permittee must:

4.11.g.3.A. Obtain certification of a qualified groundwater scientist and approval by the Secretary that compliance with requirements of paragraph 4.11.f.2 cannot be practically achieved with any currently available methods;

4.11.g.3.B. Implement alternative measures to control exposure of humans or the environment to residual contamination, as necessary to protect human health and the environment; and

4.11.g.3.C. Implement alternative measures for control of the sources of contamination or for removal or decontamination of equipment, units, devices or structures that are:

4.11.g.3.C.1. Technically practicable; and

4.11.g.3.C.2. Consistent with the overall objective of the remedy.

4.11.g.3.D. Notify the Secretary within fourteen (14) days that a report justifying the alternative measures prior to implementing the alternative measures has been placed in the operating record.

4.11.g.4. All solid wastes that are managed pursuant to a remedy required in subdivision 4.11.f, or an interim measure required under subparagraph 4.11.g.1.C must be managed in a manner:

4.11.g.4.A. That is protective of human health and the environment; and

4.11.g.4.B. That complies with applicable RCRA requirements.

4.11.g.5. Remedies selected pursuant to subdivision 4.11.f must be considered complete when:

4.11.g.5.A. The permittee complies with the groundwater protection standards established under paragraph 4.11.c.8 or 4.11.c.9 at all points within the plume of contamination that lie beyond the groundwater monitoring well system established in subdivision 3.8.d and paragraph 3.8.d.1.

4.11.g.5.B. Compliance with the groundwater protection standards established in paragraph 4.11.c.8 or 4.11.c.9 have been achieved by demonstrating that concentrations of Phase II constituents have not exceeded the groundwater protection standard(s) for a period of three (3) consecutive years using the statistical procedures and performance standards in paragraphs 4.11.a.7 and 4.11.a.8 of this rule.

4.11.g.5.B.1. The Secretary may specify an alternative length of time during which the permittee must demonstrate that concentrations of Phase II constituents have not exceeded the groundwater protection standard(s) taking into consideration:

4.11.g.5.B.1.(a) Extent and concentration of the release(s);

4.11.g.5.B.1.(b) Behavior characteristics of the hazardous constituents in the groundwater;

4.11.g.5.B.1.(c) Accuracy of monitoring or modeling techniques, including any seasonal, meteorological, or other environmental variables that may affect the accuracy; and

4.11.g.5.B.1.(d) Characteristics of the groundwater.

4.11.g.5.C. All actions required to complete the remedy have been satisfied.

4.11.g.6. Upon completion of the remedy, the permittee must notify the Secretary within fourteen (14) days that the remedy has been completed in compliance with the requirements of paragraph 4.11.g.5 and a certification of the same has been placed in the operating record.

4.11.g.6.A. The certification must be signed by the permittee and by a qualified groundwater scientist and approved by the Secretary.

4.11.g.7. When, upon completion of the certification, the Secretary determines that the corrective action remedy has been completed in accordance with the requirements of paragraph 4.11.g.5, the permittee must be released from the requirements for financial assurance for corrective action under subdivision 3.13.p.

4.11.h. A copy of each report required by subsection 4.11 must be kept on file at the solid waste facility.

4.12. Reporting.

Anomalous events. -- Each anomalous event that has the potential of affecting human health or the environment must be reported to a person designated by the Secretary. The anomalous event must be reported by telephone, fax or e-mail immediately upon discovery, or as soon thereafter as necessary emergency response permits. Within forty-eight (48) hours of the discovery of the event, or before 5:00 p.m. of the second following business day, whichever comes later, a photocopy of the daily log documenting the anomalous event and the immediate response to it, and such additional information as necessary to describe the event and the current situation, must be submitted to a person and place designated by the Secretary. The Secretary may require additional reports on the anomalous event.

4.12.a. Daily Logs. -- Accurate, complete and true daily logs must be kept by the operator describing the type, amount, and source of all solid waste received at the solid waste facility. These daily logs must be kept on file at the facility and include:

4.12.a.1. A description of waste handling problems or emergency disposal activities;

4.12.a.2. A record of deviations from the approved design or operational plans; and

4.12.a.3. A record of actions taken to correct violations of the Act, other state Acts, and/or the Department's rules and regulations.

4.12.b. Solid Waste Tonnage Reports. Monthly solid waste tonnage reports describing the type, amount, and source received at the solid waste facility for the month must be submitted to the Secretary postmarked by the twentieth day of the following month, on forms and/or electronic medium obtained from the Secretary, and completed in compliance with any instructions or guidance provided by the Department. A copy must also be submitted to the Department's Solid Waste Management Board, the West Virginia Public Service Commission (WVPSC), and applicable county or regional solid waste authority.

4.12.b.1. The monthly tonnage report must document the hazardous waste exclusion efforts as required by subparagraph 4.6.a.1.F of this rule, and the results of those efforts.

4.12.b.2. The monthly tonnage report must be legible, and contain the original signature of the principal officer in charge of the facility. The official copy of the tonnage reports may not be faxed or electronically mailed to the Department.

4.12.b.3. The monthly tonnage report must clearly identify the out of shed waste and the total waste from each state, including West Virginia. The report must also list the tax-exempt tonnage and any other tonnage that does not count against the facility's monthly capacity. Free day tonnage must be included in each monthly report, but shall not count against the facility's monthly or daily tonnage limit.

4.12.b.4. Facilities that use shredded waste tires as alternative daily cover must include that tonnage in each monthly tonnage report, as required by 33CSR5, paragraph 3.1.e.5.

4.12.c. Groundwater Monitoring Reports. The Secretary may specify the dates by which each landfill must submit particular documents required by subsection 4.11 of this rule, "Groundwater Monitoring and Corrective Action Program."

4.12.d. Surface Water Monitoring Reports. -- The surface water sampling analysis monitoring reports must be submitted as required by the Water Pollution Control Act and the rules promulgated thereunder.

4.12.e. Leachate Monitoring Reports. -- The leachate sampling analysis monitoring reports must be submitted as required by the Water Pollution Control Act and the rules promulgated thereunder.

4.12.f. Reporting and Recordkeeping. -- A copy of the monthly tonnage and the monitoring reports must also be sent to the county or regional solid waste authority for the county or counties from which the solid waste came. Copies of all of the reports required by this subdivision must be kept on file at the solid waste facility.

4.12.g. Annual Operational Report. -- An annual solid waste facility operational report must be submitted for the current calendar year to the Secretary before January 31 of the following year.

4.12.g.1. The report must include:

4.12.g.1.A. An updated list of users of the facility;

4.12.g.1.B. A summary of the daily logs of solid waste received during the previous year;

4.12.g.1.C. A summary of the previous year's surface and groundwater monitoring activities; and

4.12.g.1.D. A brief narrative describing the status of development, construction, maintenance, expansion, and closure of all facilities or portion of facilities that are a part of the approved solid waste facility.

4.12.h. The annual solid waste facility operational report for landfills must also include:

4.12.h.1. A topographic map showing the permitted area, location of current working areas, and completed areas in relationship to the grid system of the solid waste sequencing plan;

4.12.h.2. Cross-sections of the area that has been filled; and

4.12.h.3. Computations estimating the volume that has been filled and the remaining volume and useful life of the facility, in months.

4.12.i. The Secretary may specify the medium (e.g., paper, Internet, electronic transmission, optical media, etc.) and the format (e.g., forms, outlines, guidelines, electronic data structures, etc.) in which documents are submitted pursuant to this rule.

4.13. Acceptance and Handling of Special Solid Wastes.

4.13.a. General.

4.13.a.1. Except as expressly specified by an order or other written approval by the Secretary, a solid waste facility may receive only those solid wastes allowed by its permit. Facilities may receive solid waste that requires special handling methods for processing or disposal only by specific provisions within the facility permit, by obtaining a minor permit modification, or by obtaining other express written approval from the Secretary. If it is not clear that a particular waste is within the authorized wastes that a permitted facility may receive, the permittee must request and receive a minor permit modification or a letter of permission from the Secretary before receiving the waste.

4.13.a.2. Nothing must limit or affect the power of the Secretary to prohibit or require special handling requirements determined to be necessary to protect the environment or the health, safety, and welfare of the public.

4.13.a.3. Special wastes such as discarded chemicals and pesticides not regulated as hazardous wastes, oil spill cleanup, underground storage site residues from cleanup, properly treated pesticide containers, contaminated food products, and fabrics requiring supervised disposal are examples of the type of special wastes for which approval by the Secretary would be required before permitted solid waste management facilities could receive and dispose of the products.

4.13.a.3.A. Any analytical laboratory performing services for a special waste generator or a contractor under his or her employ must not profit from the treatment, removal or disposal of such waste, and must sign an affidavit stating such facts on a form provided by the Secretary.

4.13.a.3.B. When requesting approval to dispose of any special waste at his/her commercial solid waste facility, the permittee must demonstrate that the waste is suitable for disposal at his/her facility. The permittee must submit, in a medium and a format specified by the Secretary, a detailed description of the process by which the waste was generated, description of the waste, satisfactory characterization of the composition of the waste, the waste matrix, and the contaminants. (Usually the characterization will include chemical analytical results and/or material safety data sheets.) Any solid waste landfill that is granted approval to accept for disposal special waste that might contain volatile organic compounds (such as petroleum contaminated soil for example), must at a minimum maintain on-site at the facility a HNU Photoionizer, or equivalent, to monitor the levels of total organic volatiles (TOVs) present in soil being aerated to ensure that total TOVs are less than one hundred parts per million (100 ppm) prior to disposal of waste soil in the landfill or for use of the soil as daily cover.

Note: The use of any trade name does not imply endorsement by the West Virginia Department of Environmental Protection.

4.13.b. Asbestos Wastes. -- The permittee must ensure that every individual involved in the management of wastes is protected from exposure in conformance with the provisions of this rule and other applicable State and Federal statutes, rules and regulations.

4.13.b.1. Packaging of Friable and Nonfriable Category II Asbestos Materials. -- All solid wastes that may contain friable or nonfriable category II asbestos must be placed in double plastic bags and sealed or encased in two sealed layers of plastic wrap. Each bag or layer must be six (6) mils thick or greater and boldly marked "CAUTION: CONTAINS ASBESTOS FIBERS. AVOID CREATING DUST. CANCER AND LUNG DISEASE HAZARD." The name and address of the generator must also be marked on the container. Use of sealed cardboard containers or fiber drums may be required for dense waste or as extra protection against breaking of bags. Other special handling or packaging methods may be approved where equal environmental protection is or will be achieved. Such alternative methods must only be considered where bagging, wrapping, or packaging is proven not to be possible.

4.13.b.2. Transportation of Friable Asbestos Materials for Disposal. -- Properly packaged asbestos wastes must be transported in a closed conveyance with the crew segregated from the load. Asbestos waste must be accompanied by appropriate shipping papers to identify the waste, its source, and its destination.

4.13.b.3. Disposal of Friable and Nonfriable Asbestos Materials. -- Asbestos waste must be disposed in a special purpose landfill or in a special area of a landfill and must meet the following conditions:

4.13.b.3.A. Asbestos waste must be placed in a lined area designed and constructed to meet the minimum liner requirements set forth in subdivision 5.4.b of this rule.

4.13.b.3.B. Asbestos waste must be hand placed in the trench or cell or by other means approved by the Secretary that ensure integrity of bags, wrappings, or containers.

4.13.b.3.C. Asbestos waste must not be compacted until a sealing layer of soil has been placed over the waste and precautions are taken to prevent the breaking of bags or wrapping. All accidentally broken materials must be covered with twelve (12) inches or more of soil immediately. A cell that has been completely covered with soil at least one (1) foot thick may be compacted.

4.13.b.3.D. Asbestos waste must be covered with at least one (1) foot of soil at the end of each day of operation. A final cover of three (3) feet of soil must be placed over all areas that have not been in use or will not be used for more than thirty (30) days. Areas that will not or have not been used for one (1) year, in addition to final soil cover, must be graded for erosion prevention and revegetated.

4.13.b.3.E. Any portion of the asbestos disposal area or area that has not received final cover and revegetation, plus a fifty (50) foot wide buffer zone on all sides of the area, must be fenced or a waiver from the Secretary must be obtained; Provided, that a natural barrier exists on the site that adequately deters access by the general public. The fence must be of the six (6) feet high chain link type with three (3) strands of barbed wire on top. The fence must completely encompass the disposal area and internal buffer zone and maintain access control through locked gates.

4.13.b.3.F. The fence must bear permanent signs every three hundred (300) feet or closer that boldly state: "CAUTION: CONTAINS ASBESTOS FIBERS. AVOID CREATING DUST. CANCER AND LUNG DISEASE HAZARD" in two (2) inch high or larger letters.

4.13.b.3.G. A plat of the area, surveyed and clearly marked as containing asbestos waste, must be provided to the Secretary upon request and must be contained and specifically noted in the deed notation as required by subdivision 6.2.f of this rule.

4.13.b.3.H. Asbestos waste must be buried below the natural ground surface of the site or at a depth below the final grade of the landfill approved by the Secretary, in such a manner as to maximize the prevention of wind and water erosion of the asbestos disposal area.

4.13.b.3.I. The fenced area of the asbestos disposal facility must not be located closer than fifty (50) feet to the property boundary or building or structure.

4.13.b.3.J. The permittee is required to maintain records for a period of three (3) years on the nature and quantity of asbestos waste and the source.

4.13.c. Liquids. -- Free liquids cannot be disposed of in a landfill. Free liquids and poorly-contained liquids must be absorbed on solid material before being placed in a landfill.

4.13.c.1. Permittees must not place bulk or noncontainerized liquid waste in SWLF unless:

4.13.c.1.A. The waste is household waste other than septic waste; or

4.13.c.1.B. The waste is leachate or gas condensate derived from the SWLF, whether it is a new or existing SWLF or lateral expansion, and is designed with a composite liner and leachate collection system as described in subparagraph 4.5.d.1.A of this rule.

4.13.c.1.C. The Permittee must place the demonstration in the operating record and notify the Secretary that it has been placed in the operating record.

4.13.c.2. Permittees must not place containers holding liquid waste in a SWLF unless:

4.13.c.2.A. The container is a small container similar in size to that normally found in household waste;

4.13.c.2.B. The container is designed to hold liquids for use other than storage; or

4.13.c.2.C. The waste is household waste.

4.13.d. Tires. Tires must be managed in accordance with the Waste Tire Management Rule, 33CSR5.

4.13.e. Drums. -- Except as provided in paragraph 4.13.e.1 of this rule, drums and other bulk containers must not be disposed until emptied and crushed. Pesticide containers must be triple rinsed before disposal.

4.13.e.1. Fiber drums of asbestos that are to be disposed of in designated asbestos disposal areas in accordance with the provisions of subdivision 4.13.b of this rule need not be either emptied or crushed.

4.13.f. Bulky Goods. -- Appliances and other bulky waste goods may be accumulated at a facility for not more than sixty (60) days prior to disposal. An alternative schedule may be approved by the Secretary.

4.13.g. Infectious Waste. -- Infectious waste as defined in section 2 of this rule must not be disposed of in a landfill, except in accordance with paragraph 4.7.b.6 of this rule. Nonhazardous bottom ash from the incineration of infectious waste must not be considered infectious waste.

4.13.h. Sludges and Sewage Sludge.

4.13.h.1. Sludges disposed at a landfill must contain at least twenty percent (20%) solid by weight. This requirement may be met by adding or blending sand, sawdust, lime, leaves, soil, or other materials that have been approved by the Secretary prior to disposal. Alternative sludge disposal methods can be utilized upon obtaining written approval from the Secretary.

4.13.h.2. Sludges may not represent more than twenty-five percent (25%) by weight of the total weight of waste disposed of at the landfill on any working day.

4.13.h.3. The Department may require the landfill operator to periodically sample and analyze incoming sewage sludge.

4.13.i. Shredder Fluff. -- Shredder fluff must not be disposed of in any facility unless specifically approved in writing by the Secretary.

4.13.j. Municipal Incinerator Ash. -- Ash from municipal incinerators must be disposed of on a liner system that conforms to the requirements of the Department's Hazardous Waste Management System rule, 33CSR20.

4.13.k. Petroleum-Contaminated Soils. -- Soils contaminated with petroleum must be disposed of in a manner prescribed by the Secretary.

4.14. Monthly Free Disposal Day ("Free Day").

4.14.a. Definitions. - For the purposes of this subsection:

4.14.a.1. "Residential solid waste" means garbage, rubbish, trash, furniture, household appliances, and other similar wastes not herein specified generated at residential property.

4.14.a.2. "One (1) pick-up truckload, or its equivalent" means no more than five hundred sixteen (516) pounds.

4.14.b. Applicability.

4.14.b.1 All commercial and public landfills must establish and publish a yearly schedule providing for one (1) day per month on which a person not in the business of hauling or disposing of solid waste may dispose of, in a solid waste landfill facility, an amount of residential solid waste up to one (1) pick-up truckload or its equivalent, free of all charges and fees.

4.14.b.2. Any person who is not a resident of West Virginia may only participate in the free day upon proof that his or her state of residence would otherwise allow West Virginia residents to dispose of residential solid waste in the same or substantially similar manner.

4.14.c. Requirements.

4.14.c.1. All commercial landfills, both private and public, must submit and receive prior approval of the landfill facilities' proposed monthly free day schedule from the Department. The proposed monthly free day schedule must be approved twenty (20) days prior to the initial date of publication each calendar year. The date of the proposed free day schedule for each consecutive month must be separated by at least twenty (20) calendar days. Following the publication, the landfill facility must submit to the Secretary and the Department's Solid Waste Management Board a copy of the established and published yearly schedule of the free days within fifteen (15) days of publication. The yearly schedule must be posted at the facility and must be clearly visible and legible.

4.14.c.2. Landfill facilities must not give preferential treatment to either paying or non-paying customers on free day. However, landfill facilities may place rolloffs or other similar containers for use by free day customers in order to maintain normal daily operations.

4.14.c.3. Hours of operation on free day must consist of one full day and must be the same as hours of operation on other authorized days of the month.

4.14.c.4. Eligible free day participants are limited to one pick-up truckload or its equivalent per free day.

4.14.c.5. Only household appliances that have had the refrigerant (chlorofluorocarbons or hydro-chlorofluorocarbons) removed may be disposed in the landfill.

4.14.c.6. Residential solid waste is not required to be bagged or bundled for acceptance by the landfill on free day. However, residential solid waste must be secured in a manner to prevent windblown material.

4.14.c.7. Within sixty (60) days of the effective date of this rule, all commercial and public landfills must submit a free day policy to the Secretary for approval.

4.14.c.8. Solid waste landfill facilities are not required to accept waste tires without charge on free day, but may choose to accept waste tires and charge the fees established in the Waste Tire Management Rule, 33CSR5.

W. Va. Code R. § 33-1-4