Conn. Agencies Regs. § 22a-209-7 - Solid waste disposal areas
Solid waste disposal areas shall comply with the following permit and operating requirements.
(a)
Any person wishing to operate a solid waste disposal area must comply with the
permit requirements of Section
22a-209-4
of these regulations.
(b) The
information which the Commissioner requires in an application may vary
according to the category of the disposal area. Such categories may include:
(1) existing solid waste disposal areas where
future disposal will take place only in areas where solid waste has previously
been disposed of and is still present,
(2) existing solid waste disposal areas where
future disposal will take place in areas where no solid waste had previously
been disposed of, or, if solid waste had previously been disposed of, it has
been removed, and
(3) new solid
waste disposal areas.
(c)
Protection of ground and surface
waters.
(1) Minimum separation from
ground waters. A minimum of sixty (60) inches shall be maintained between the
base of deposited solid wastes and the maximum high water table or bedrock
unless the permittee can establish to the satisfaction of the Commissioner that
some lesser separation will be adequate to insure that solid wastes do not
contact ground water. This provision shall not apply to solid waste disposal
areas subject to solid waste permits granted prior to the effective date of
these regulations which expressly authorize a minimum separation from ground
water or bedrock of less than sixty (60) inches, provided that the permittee
establishes to the satisfaction of the Commissioner that the continuation of
solid waste disposal in accordance with such existing permit will not result in
contact of solid waste with ground water.
(2) Water quality.
(A) In addition to the requirement of
22a-209-7 (c) (1) above, and except as provided in 22a-209-7 (c) (2) (B) below,
a new or existing solid waste disposal area shall not impair the quality of
surface or ground water beyond the solid waste boundary to a degree that would
degrade the quality of such waters beyond the water quality classification
established by the Department in accordance with Section
22a-426
of the Connecticut General Statutes, The Connecticut Water Quality Standards
and Criteria, as amended, or the standards for quality of public drinking water
established by the State Department of Health Services and contained in Section
19-13-B102
of the Regulations of Connecticut State Agencies, as amended. In those cases
where the existing water quality fails to meet the established standards, the
disposal area shall not further degrade the water quality.
(B) Notwithstanding 22a-209-7 (c) (2) (A)
above, the Commissioner may designate an alternate boundary, beyond the solid
waste boundary, beyond which the site may not impair the quality of surface or
ground waters in accordance with the standards noted in 22a-209-7 (c) (2) (A).
The designation of an alternate boundary must not result in the degradation of
the quality of water which may be needed or used for human consumption, and
must be based on an analysis to include but not be limited to the following
factors:
(i) the hydrogeological
characteristics of the facility and the surrounding land,
(ii) the volume and physical and chemical
characteristics of the leachate,
(iii) the quantity, quality and directions of
flow of ground water,
(iv) the
proximity and withdrawal rates of ground water users in the vicinity of the
solid waste disposal area,
(v) the
availability of alternate drinking water supplies,
(vi) the existing quality of ground water
including other sources of contamination and their cumulative impacts on ground
water,
(vii) public health, safety,
and welfare effects, and
(viii) the
zone of impact for the leachate plume.
(3) Grading. The solid waste disposal area
shall be graded, and provided with drainage facilities if necessary, to
minimize infiltration of rainfall or surface runoff onto the area, to prevent
erosion or washing out of the area, and to prevent the collection of standing
water on the area. The top surface area shall at all times be graded to a slope
of at least four (4) percent unless otherwise authorized by the Commissioner,
and the side slopes shall not exceed a grade of one (1) on three (3), one
vertical on three horizontal, unless otherwise authorized by the
Commissioner.
(4) Floodplains.
Solid waste facilities in floodplains shall not restrict the flow of the base
flood, reduce the temporary water storage capacity of the floodplain, or result
in washout of solid waste, so as to pose a hazard to persons or property,
wildlife, or land or water resources.
(5) Surface water. Solid waste shall not be
deposited so as to come in contact with surface waters, and disposal operations
shall be conducted so as to minimize impact on surface waters. The Commissioner
shall determine the required separation distance between deposited solid wastes
and surface water for each solid waste disposal area based on site
conditions.
(6) Erosion control.
Siltation or retention basins or other methods approved by the Commissioner for
retarding runoff shall be used where necessary to avoid stream siltation or
flooding problems due to excess runoff.
(7) Wells. A minimum distance of one thousand
(1000) feet shall be maintained between deposited solid wastes and wells used
for water supply purposes unless the owner or operator can establish to the
satisfaction of the Commissioner that some lesser separation will be adequate
to insure against pollution of the waters withdrawn from said wells.
(8) Monitoring.
(A) No new solid waste disposal area shall
begin operations without the owner or operator first installing a ground water
monitoring system constructed and located as specified in the approved facility
plan. Further, no new disposal area shall begin operations prior to the owner
or operator obtaining a sufficient number of surface and ground water samples,
and analyses thereof, to establish baseline water quality information.
Monitoring shall be performed in accordance with the schedule in the facility
plan and/or permit to construct.
(B) Upon written notice to the owner or
operator of an active solid waste disposal area or the owner of an inactive or
closed solid waste disposal area that in the opinion of the Commissioner the
area poses an actual or potential threat to the quality of the ground or
surface waters of the state, the owner or operator shall investigate the extent
and degree of surface and/or ground water contamination resulting from the
disposal of solid wastes; submit construction and installation plans for a
surface and/or ground water monitoring system to the Commissioner for approval;
and, upon approval, install such monitoring system in conformance with such
approved plans. The approved plans shall become part of the facility plan.
Monitoring shall be performed in accordance with a schedule approved by the
Commissioner.
(C) Ground or surface
water samples shall be analyzed by a state-approved laboratory using methods
approved by the Commissioner. Copies of analyses shall be forwarded to the
Solid Waste Management Unit of the Department.
(d)
Access.
(1) All-weather roads which provide access
between public roads or highways and the solid waste disposal area are required
and shall be maintained so as to be passable by all vehicles which utilize the
area.
(2) Access to the solid waste
disposal area shall be controlled to prevent unauthorized use. Control may be
accomplished through use of appropriate fences, gates and signs.
(3) A sign shall be posted at the entrance to
the facility which states, at a minimum, the name of the permittee and hours of
use of the area, the authorized users, and required safety
precautions.
(e)
Fire protection.
(1) The owner
or operator of an active solid waste disposal area, and the owner of an
inactive or closed disposal area shall be responsible for firefighting
activities. The owner or operator of a disposal area wherein smoldering,
smoking or burning is occurring shall:
(A)
immediately notify the Solid Waste Management Unit of the Department,
(B) if reasonably necessary, obtain
firefighting assistance from the fire department(s) having jurisdiction in the
area,
(C) insure that firefighting
activities continue until all smoldering, smoking and burning has ceased, as
proven by scientific methods acceptable to the Department, and
(D) close the facility until all smoldering,
smoking and burning has ceased, if required by the Commissioner or local
firefighting officials.
(2) The owner or operator of any solid waste
disposal area shall not conduct disposal activities within the immediate
vicinity of any smoldering, smoking, or burning. Precautions shall be taken to
prevent disposal activities from interfering with firefighting
activities.
(3) Any disruption of
the grade or covered compacted surfaces shall be repaired and recovered upon
completion of firefighting activities.
(f)
Measuring procedures.
(1) Daily records for regional solid waste
disposal areas shall be maintained in a manner acceptable to the Commissioner.
Such records shall state measured weights or estimated tonnage of wastes
received from each municipality using the site, total weights from other
sources, and the tonnage of materials removed for resource recovery and the
markets used. Such records shall be available for inspection by representatives
of the Department at any reasonable time. Monthly summaries of these records
shall be submitted to the Department no later than ten (10) days after the last
day of each quarter of the calendar year.
(2) Updated topographic mapping of fill areas
performed in compliance with the specifications in 22a-209-4 (b) (2) (A) (ii)
and (iii) shall be submitted to the Commissioner annually, for regional solid
waste disposal areas. The Commissioner may require the submittal of such
information for other disposal areas as he or she deems necessary.
(g)
Certified
operators. An operator certified by the Commissioner in accordance with
Section
22a-209-6
of these regulations shall be present at a solid waste disposal area at all
times during operating hours.
(h)
Working face.
(1) The width of
the working face shall be kept as narrow as is consistent with the proper
operation of trucks and equipment in order that the area of waste material
exposed during the operating day is minimal. No working face shall exceed one
hundred fifty (150) feet in width when measured across the operating surface of
the solid waste disposal area. Except where separate areas are designated on
the approved facility plan for specific wastes, no more than one working face
shall be in use at any one time.
(2) Unloading of solid wastes shall be
restricted and controlled to assure the proper handling of solid wastes.
Scavenging at the working face shall be prohibited.
(3) The cell construction method of sanitary
landfilling shall be used. Solid waste shall be spread and compacted in layers
not to exceed three feet thick in order to conserve capacity of the solid waste
disposal area and minimize moisture infiltration, settlement and public health
problems. Each individual cell shall not exceed ten (10) feet in height unless
the owner or operator of such solid waste disposal area can establish to the
satisfaction of the Commissioner that individual cells with a height greater
than ten (10) feet may be utilized without interfering with the safe and
sanitary operation of the disposal area. Cover material shall be placed on each
cell according to Section 22a-209-7 (l).
(i)
Waste collection areas.
(1) Owners or operators of solid waste
disposal areas may provide one or more containers within a designated
collection area so that waste may be unloaded from non-commercial vehicles and
deposited therein. Disposal area personnel shall oversee the disposal of waste
at such designated collection areas.
(2) Scavenging at waste collection areas
shall be prohibited.
(3) Collection
areas shall be located a safe distance from the working face and from the
movement of disposal area equipment and commercial collection and hauling
vehicles.
(4) The owner or operator
shall be responsible for the sanitary condition and orderly appearance of the
waste collection area, and shall remove all waste from the collection area and
deposit it in the working face of the disposal area at such frequencies as to
insure that no waste remains in the collection area for longer than forty-eight
(48) hours.
(5) Portions of the
solid waste disposal area which are used solely to collect and store recyclable
materials are not subject to the requirements of subdivision (i) (4) of this
section.
(j)
Equipment.
(1) The equipment
used for spreading, compacting and covering shall be of sufficient size and
number to achieve maximum compaction and efficient operation.
(2) Provision shall be made for the routine
operational maintenance of equipment at the solid waste disposal area or
elsewhere, and for the prompt repair or replacement of equipment.
(3) The owner or operator of a solid waste
disposal area shall establish a contingency plan outlining procedures for
obtaining alternative equipment or other alternative method of disposal in the
event of an equipment breakdown which can reasonably be expected to exceed
twenty-four hours in duration. The owner or operator shall notify the
Department immediately when such a breakdown occurs.
(k)
Blowing litter. Blowing
litter shall be controlled by use of fencing near the working area or by the
use of earth banks or other natural barriers acceptable to the Commissioner.
Solid wastes shall be unloaded in such a manner as to minimize scattering. The
entire solid waste disposal area shall be reasonably clear of litter at the end
of each working day.
(l)
Cover operations.
(1) Cover
material. There shall be stored within the boundaries of the solid waste
disposal area a standby supply of cover material equal to twenty-five (25)
percent of the volume of the disposal area consumed in ten days at normal
disposal rates. Such cover stockpile shall be protected from freezing in the
winter season.
(2) Daily cover.
Cover material shall be applied and compacted to a minimum thickness of six (6)
inches on all exposed wastes by the end of each working day.
(3) Intermediate cover. On all but the final
lift of a solid waste disposal area, if more than nine months is expected to
elapse before another lift is added, a layer of intermediate cover material,
compacted to a minimum uniform depth of one (1) foot, shall be placed on such
area and vegetative cover shall be planted in the next planting season and
shall be maintained thereon.
(4)
Final cover. A uniform layer of final cover material compacted to a minimum
depth of two (2) feet shall be placed over the entire surface of each portion
of the final lift not later than one week following the final placement of
solid waste in that portion of the area unless otherwise specified in the
facility permit to construct. Upon application of final cover, the area shall
be regraded to prevent erosion and ponding, and vegetative cover shall be
planted in the next planting season and shall be maintained thereon.
(m)
Vector control.
(1) Conditions shall be maintained that are
unfavorable for the harboring, feeding and breeding of vectors.
(2) Additional means for controlling and
exterminating vectors shall be instituted, whenever necessary in the judgment
of the Commissioner to prevent the transmission of disease.
(n)
Decomposition
gases.
(1) Decomposition gases
generated within the solid waste disposal area shall be controlled as necessary
to avoid posing a hazard to any persons or property and to minimize adverse
environmental effects.
(2) The
concentration of methane gases generated by the solid waste disposal area shall
not exceed:
(A) Twenty-five percent (25%) of
the lower explosive limit for methane in on-site or off-site structures
including buildings, sheds and utility or drainage lines, but excluding gas
control or recovery system components, or
(B) The lower explosive limit for methane in
the ground at the property boundary of the solid waste disposal area.
(3)
(A) No new solid waste disposal area shall
begin operations without the owner or operator first installing any gas venting
and monitoring system indicated on the approved facility plan. A phase-in of
the system may be permitted if so indicated in the facility's permit to
construct.
(B) Upon written notice
to the owner or operator of an active solid waste disposal area or the owner of
an inactive or closed solid waste disposal area that in the opinion of the
Commissioner the area poses an actual or potential hazard from decomposition
gases, the owner or operator shall submit construction and installation plans
for a gas monitoring and/or venting system to the Commissioner for approval,
and, upon approval, shall install such a system in conformance with such
approved plans. The approved plans shall become part of the facility plan.
Monitoring shall be performed in accordance with a schedule approved by the
Commissioner.
(4) The
recovery of methane gases for use as a fuel is not prohibited by this
subsection.
(o)
Restrictions on certain wastes.
(1) Hazardous wastes shall be excluded from
solid waste disposal areas. However, separate facilities at a solid waste
disposal area may be approved for the disposal of certain hazardous wastes by
the Commissioner in accordance with Public Act 84-115 and the Hazardous Waste
Management regulations of the Department of Environmental Protection. Special
wastes, including any liquid waste, shall be excluded unless disposal is
approved in writing by the Commissioner.
(p)
Recycling. Materials to be
recycled shall be maintained in a separate area so as not to interfere with
disposal operations. Materials held for recycling shall be adequately screened
from view or removed at frequent intervals.
(q)
Employee facilities. Each
solid waste disposal area shall have adequate shelter and restroom facilities
for employees, first aid supplies, and telephone or two-way (i.e., sending and
receiving) radio communication equipment. Each of these must be provided at or
adjacent to the disposal area.
(r)
Air quality.
(1) Dust and odors
resulting from the operation of the solid waste disposal area shall be
controlled at all times to assure compliance with the applicable regulations of
the Department for the Abatement of Air Pollution.
(2) No open burning of solid waste shall be
conducted except upon compliance with the applicable statutes and regulations
of the Department for the Abatement of Air Pollution regarding open
burning.
(s)
Bird
hazards to aircraft. A solid waste disposal area disposing of
putrescible wastes that may attract birds and which occurs within 10,000 feet
(3,048 meters) of any public airport runway used by turbojet aircraft or within
5,000 feet (1,524 meters) of any public airport runway used by only piston-type
aircraft shall conduct its operations so as not to pose a bird hazard to
aircraft. Affirmative measures for bird hazard control shall be taken as
necessary.
(t)
Screening. Best practical effort shall be made to screen the
working face of a solid waste disposal area from view from surrounding
residential or business areas.
(u)
Disruption of solid waste disposal areas.
(1) Written approval shall be obtained from
the Commissioner prior to any excavation, disruption, or removal of deposited
material at an active, inactive or closed solid waste disposal area.
(2) All requests for approval shall include
but need not be limited to an operational plan stating the area involved, depth
of proposed excavation with final grades, estimated cubic yards of material to
be excavated or disrupted, site where excavated material is to be redeposited
and estimated time required for completion of excavation procedures. The
approved plan shall become part of the facility plan.
(3) All excavation shall be confined to an
area consistent with the number of pieces of digging equipment and/or trucks
used for haulage.
(4) Adequate
measures shall be taken during excavation to protect the public health and to
control dust, odors, fires, vectors, and blowing litter.
(5) Disposal of all solid waste resulting
from excavation shall be in conformity with the requirements of these
regulations.
(v)
Endangered species.
(1)
Facilities or practices shall not cause or contribute to the taking of any
endangered or threatened species of plants, fish, or wildlife. As used in this
subsection, "endangered or threatened species" means any species listed as such
pursuant to Section 4 of the Endangered Species Act.
(2) The facility or practice shall not result
in the destruction or adverse modification of the critical habitat of
endangered or threatened species as identified in 50 CFR Part 17. As used in
this subsection, "destruction or adverse modification" means a direct or
indirect alteration of critical habitat which appreciably diminishes the
likelihood of the survival and recovery of threatened or endangered species
using that habitat, and "Taking" means harassing, harming, pursuing, hunting,
wounding, killing, trapping, capturing, or collecting or attempting to engage
in such conduct.
(w)
Fill limit markers. The permitted lateral fill limits of a new
solid or special waste disposal area or unused portions of an active solid or
special waste disposal area shall be staked with markers approved by the
Commissioner which shall be located such that the neighboring markers may be
easily seen from each marker. Solid waste shall not be deposited beyond the
line between neighboring markers.
(x)
(1) New
municipal solid waste disposal areas. After the effective date of this
subsection, no permit shall be issued under Section
22a-208a
of the General Statutes for construction and operation of a new municipal solid
waste disposal area unless:
(A) The
groundwater at such solid waste disposal area and its zone of influence is
classified GC by the Water Quality Standards.
(B) An application under Section
22a-208a
of the General Statutes has been filed with the Commissioner to construct and
operate such solid waste disposal area and such application includes the
information and materials specified in subsection (f) of Section
22a-209-14 of
the Regulations of Connecticut State Agencies; and
(C) Such solid waste disposal area will be
constructed and operated in compliance with the requirements of subsections
(g), (h), (i), (j), and (k) of Section
22a-209-14 of
the Regulations of Connecticut State Agencies.
(2) An application to construct and operate a
new municipal solid waste disposal area may propose alternate technologies to
meet the goals of subsections (g) (1) through (g) (4), (h), (i), (j), and, (k)
of Section
22a-209-14 of
the Regulations of Connecticut State Agencies, which goals are to protect the
waters of the State from pollution and to prevent the dispersion of waste. The
applicant shall demonstrate that such alternate technologies will achieve these
goals to the same degree as the requirements of the said subsections, that such
alternate technologies have been utilized in similar circumstances, and that
such alternate technologies are supported by scientific and engineering
evidence that they will provide an equivalent degree of protection against
water pollution and dispersion of waste as implementation of the requirements
specified in the said subsections.
Notes
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