(a) A person or municipality may not dispose
of residual waste at a Class II residual waste disposal impoundment unless the
waste meets the following criteria:
(1) The
residual waste may not be of a type from which the maximum concentration
obtained for a contaminant, based on a chemical analysis of its leachate
submitted under §
287.132 (relating to chemical
analysis of waste), and approved by the Department, exceeds 50 times the waste
classification standard for that contaminant. If analytical quantification
limits prevent determination of the acceptability of a residual waste under
this paragraph, the Department may consider the total analysis of the waste as
well as the physical and chemical characteristics of the contaminant in making
a determination of acceptability of the waste at the facility.
(2) Notwithstanding the limitation in
paragraph (1), the Department may authorize the disposal of residual waste at a
monofill if the waste is of a type from which the maximum concentration
obtained for a contaminant, based on a chemical analysis of its leachate
submitted under § 287.132, exceeds 50 times the SMCL for that contaminant
if the SMCL is the waste classification standard for the contaminant. The
Department may authorize the disposal of the waste only upon a demonstration
that disposal of the waste at the facility will not cause groundwater
degradation that exceeds the SMCL for a contaminant at a monitoring point or
groundwater degradation that exceeds background levels at the property boundary
for the contaminant.
(3) Even if a
waste meets the requirements of this section, and the Department has previously
authorized the disposal of the waste at the facility, the Department may
require that the waste be disposed at a Class I disposal impoundment if one of
the following apply:
(i) Monitoring data
indicate that the waste or contaminants of the waste are migrating from the
impoundment.
(ii) The approved
chemical and leaching analysis no longer accurately predicts the leachability
of the waste.
(4) The
Department may authorize a facility which disposes of a waste in accordance
with a permit under this article to continue to dispose of the waste at the
facility although a waste classification standard for a contaminant has been
changed so that the waste would no longer meet the criteria for disposal of the
waste at the facility under paragraph (1), if the operator of the facility
demonstrates to the Department's satisfaction that disposal of the waste will
not cause groundwater degradation that exceeds the waste classification
standard for a contaminant at a monitoring point or groundwater degradation
that exceeds background levels at the property boundary for a
contaminant.
(5) If more than one
type of waste or waste contaminants are identified in the chemical and leaching
analysis, the waste shall be disposed at the most protective type of facility
required for the waste types and waste contaminants identified in the
analysis.
(6) Neither residual
waste nor leachate from the waste will adversely affect the ability of the
liner system to prevent groundwater degradation.
(7) Leachate generated from the residual
waste will be treated by the facility's leachate treatment system in accordance
with applicable laws and in a manner that will protect public health, safety
and the environment.
(8) The
residual waste will not react, combine or otherwise interact with other waste
that is or will be disposed at the facility in a manner that will adversely
affect the ability of the liner system to prevent groundwater
degradation.
(9) The residual waste
shall have a pH between 5.0 and 12.5 unless otherwise specified by the
Department in the permit. The pH may be adjusted to meet this
requirement.
(10) The residual
waste may not be allowed to react, combine or otherwise interact with other
waste or materials to endanger public health, safety and welfare or the
environment by generating extreme heat or pressure, fire or explosion, or toxic
mists, fumes, dusts or vapors. The potential for this interaction shall be
determined using the procedure set forth in the EPA's "A Method for Determining
the Compatibility of Hazardous Wastes" (EPA-600/2-80 076) or another equivalent
method approved by the Department in the permit.
(11) The physical characteristics of the
waste will not cause or contribute to structural instability or other operating
problems at the site.