HomeMy WebLinkAbout931325.tiff - - STATE OF COLORADO
COLORADO DEPARTMENT OF HEALTH .of;.cocciet
Dedicated to protecting and improving the health and
environment of the people of Colora o ,
4300 Cherry Creek Dr.S. Laboratory Building
Denver,Colorado 80222.1530 4210 E.11th Avenue t876•
Phone(303)692-2000 Denver,Colorado 80220-3716 - -
(303)691-4700 -
Roy Romer
Governor
Patricia A.Nolan,MD,MPH
Executive Director
MEMORANDUM
TO: Ad Hoc Solid Waste Committee
FROM: Glenn Mallory
DATE: July 20, 1993 (/
SUBJECT: Solid Waste Regulations Per Subtitle D
Enclosed with this set of regulations is your copy of the solid waste regulations that we
have worked on for so long. This set of regulations becomes effective on October 9,
1993 concurrent with the federal rule. Additional copies of the state regulations will cost
$10.00, prepaid. The copy that I am sending you is not copyrighted so you may reprint it
as you see fit.
I wish to take this time to THANK YOU for your interest, your dedication, your time and
your expertise that you donated in assisting in the drafting of these regulations. I feel
strongly that they would not yet be finished if it were not for your efforts and that the
State has a much better balanced set of regulations because of you. Again, a very sincere
THANK YOU.
I also wish to update you on the state implementation plan application. The USEPA has
reviewed the application and I have responded to some late coming questions regarding
the application. Last week the EPA decided to put Colorado in for full program
approval. We should have the public review document delivered to us by July 23, 1993.
It will be available both here and at the EPA. The federal register publication is to
occur on or about July 30, 1993 and the federal public hearing should be held on either
September 13 or 14, 1993. The hearing will be held by the EPA in Denver.
, 931325
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REGULATIONS PERTAINING
TO SOLID WASTE DISPOSAL SITES AND FACILITIES
6 CCR 1007-2
TABLE OF CONTENTS
PART A
GENERAL REQUIREMENTS AND INFORMATION CONCERNING
ALL SOLID WASTE DISPOSAL SITES AND FACILITIES
IN THE STATE OF COLORADO
SECTION 1 ADMINISTRATIVE INFORMATION
1. 1 General information
1. 2 Definitions
1. 3 Scope
1.4 Exemptions
1. 5 Waiver processes and procedures
1. 6 Application for certificate of designation
1.7 Solid waste authorization and fees
1. 8 Financial assurance
1. 9 Inspections and enforcement
SECTION 2 MINIMUM STANDARDS
2 . 1 Site and facility standards
2 . 2 Ground water monitoring
2 . 3 Explosive gas monitoring
2 . 4 Recordkeeping
2 . 5 Closure standards
2 . 6 Post-closure standards
PART B
REQUIREMENTS AND INFORMATION CONCERNING
ALL SOLID WASTE DISPOSAL SITES AND FACILITIES
IN THE STATE OF COLORADO
SECTION 3 STANDARDS FOR SOLID WASTE DISPOSAL LANDFILL SITES AND
FACILITIES
3 . 0 Scope and effective date
3 . 1 Location restriction/site standards
3 . 2 Design requirements
3 . 3 Operations requirements
3 . 4 Recordkeeping
3 . 5 Closure requirements
JUNE 30, 1993 (EFFECTIVE DATE OCTOBER 9 , 1993)
3 . 6 Post-closure care and maintenance
SECTION 4 CONSTRUCTION DEBRIS AND INERT MATERIAL LANDFILL SITES AND
FACILITIES [RESERVED]
SECTION 5 ASBESTOS WASTE DISPOSAL SITES
Applicable to all new and existing asbestos waste
disposal sites
5. 1 General provisions
5. 2 Standards for non-friable asbestos waste disposal
sites
5. 3 Standards for non-friable asbestos waste disposal
sites
5. 4 Standards for on-site storage of asbestos wastes
SECTION 6 INCINERATOR ASH DISPOSAL SITES AND FACILITIES
6. 1 General provisions
6. 2 Municipal solid waste incinerator ash disposal
standards
SECTION 7 TRANSFER STATIONS
7 . 1 Purpose, scope and applicability
7. 2 Operating criteria
SECTION 8 RECYCLING [RESERVED]
SECTION 9 WASTE IMPOUNDMENTS
Applicable to all existing or new waste impoundments
9. 1 Regulated facilities
9 . 2 Impoundment classification
9 . 3 Class design standards
9 . 4 Liner data
9. 5 General design standards
9. 6 Liner installation
9 . 7 Operation standards
9 .8 Monitoring
9.9 Recordkeeping and calculations
9 . 10 Closure
SECTION 10 SCRAP TIRE DISPOSAL
Applicable to all new and existing scrap tire disposal
sites and facilities
10. 1 General provisions
10. 2 Standards for scrap tire recycling facilities
SECTION 11 SOLID WASTE INCINERATION FACILITIES
Applicable to all solid waste incineration facilities and
privately operated Solid Waste-to-Energy facilities not
under contract to a county and/or municipality
11. 1 General provisions
11. 2 Engineering design and operation requirements
JUNE 30, 1993 (EFFECTIVE DATE OCTOBER 9, 1993)
11. 3 Operating requirements
11. 4 Records
11. 5 Requirements for management of residual ash
SECTION 12 WATER TREATMENT PLANT SLUDGE
Applicable to all water treatment plant sludge disposal
sites and facilities
12 . 1 General provisions
12 . 2 Application information alternatives
12 . 3 Sludge acceptance criteria
SECTION 13 INFECTIOUS WASTE DISPOSAL
Applicable to all infectious waste facilities
13 . 1 Regulated facilities
13 . 2 Exemptions
13 . 3 Certificate of designation required
13 . 4 Appropriate treatment methods
13 . 5 Recordkeeping
13 . 6 Engineering design and operational requirements
13 . 7 Operating requirements
13 .8 Transportation requirements
APPENDICES
APPENDIX A - Financial work sheet
APPENDIX B - Ground water monitoring
APPENDIX I - Detection monitoring parameters
APPENDIX II- Assessment monitoring parameters
JUNE 30, 1993
(EFFECTIVE DATE OCTOBER 9, 1993)
3
SECTION 1. 0
ADMINISTRATIVE INFORMATION
Applicable to all existing or new solid waste facilities.
1. 1 GENERAL INFORMATION
1. 1. 1 Authority These regulations are promulgated pursuant to
the "Solid Wastes Disposal Sites and Facilities Act", Title
30, Article 20, Part 1, Colorado Revised Statutes (CRS) , as
amended. These regulations replace and supersede the
"Solid Wastes Disposal Sites and Facilities Regulations" ,
adopted February 16, 1972 , and effective April 1, 1972 .
1. 2 . 1 Referenced materials This document may refer to documents
produced by other agencies. All cited references are for
that reference that is valid on the particular date of
adoption of the pertinent section of these regulations and
do not include later amendments or editions of the
incorporated material. Copies of the referenced material
may be reviewed during normal business hours at the
Colorado Department of Health. Information on accessing
the referenced documents may be obtained by contacting the:
Colorado Department of Health
Solid Waste Section
Hazardous Materials and Waste Management Division
4300 Cherry Creek Drive South
Denver, Colorado 80222-1530
Phone: (303) 692-3300
1. 2 DEFINITIONS
"Abandoned facility" means facility in operation after the
initial enactment of the Solid Waste Disposal Sites and
Facilities Act in 1967 that has ceased operations without
implementing a closure plan in accordance with the regulations
that were in effect on the date of closure.
"Act" means the "Solid Wastes Disposal Sites and Facilities
Act", Title 30, Article 20, Part 1, CRS, as amended.
"Active life" means the period of operation beginning with the
initial receipt of solid waste, and ending at completion of
closure activities in accordance with these regulations.
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(EFFECTIVE DATE OCTOBER 9 , 1993)
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"Active operating area" means an area that includes all areas
of unloading, bailing, compacting, storing and out loading.
"Active portion" means that part of a facility or unit that has
received or is receiving wastes and that has not been closed in
accordance with these regulations.
"Adequate cover" means:
(a) Daily cover: At least six inches (6") of earthen material
or other suitable material placed over the exposed solid waste
at the end of each operating day, or at such frequencies as
needed to prevent or minimize nuisance conditions, and
(b) Intermediate cover: At least one foot (1 ' ) of earthen
material or other suitable material placed over solid wastes in
areas left temporarily unused for at least one month, but not
finally closed; and
(c) Final cover: Final cover design should be selected from
alternatives presented in Subsection 3 .5. 3 .
"Agricultural wastes" means all solid wastes resulting from the
raising of crops or animals on land zoned agricultural by local
requirements, including animal manures, that are returned to
the soils as fertilizer or soil conditioners.
"Air pollutant" means any fume, smoke, particulate matter,
vapor, gas or any combination thereof which is emitted into or
otherwise enters the atmosphere. "Air pollutant" includes, but
is not limited to, any physical, chemical, biological,
radioactive (including source material, special nuclear
material, and by-product material) substance or matter. "Air
pollutant" does not include water vapor or steam condensate.
"Air pollution" means any detectable concentration of one or
more air pollutants in the ambient air that has caused, is
causing, or if unabated may cause injury to human, plant or
animal life, or injury to property, or which unreasonably
interferes with the comfortable enjoyment of life or property.
"Airport" means an airport open to members of the public
without prior permission and without restriction, within the
physical capabilities of the facility.
"Amended application" means a document which proposes
modifications to an existing facility that constitutes a change
in operations to that existing site or facility.
"Application for a certificate of designation" means all
documents, data and drawings which are submitted, for review,
by an applicant to a governing body having jurisdiction. The
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(EFFECTIVE DATE OCTOBER 9 , 1993)
5
application shall contain the site location, the type of
facility, the engineering design and operations report which
includes, but is not limited to, geological, hydrological,
engineering and operational data for the design, operation,
closure and post-closure of the facility. This information
shall be prepared in accordance with these regulations and all
local requirements.
"Approved site or facility" means a site or facility for which
a certificate of designation has been obtained, pursuant to the
Act.
"Aquifer" means a geologic formation, group of formations,
portion of a formation or unit capable of yielding significant
quantities of ground water of usable quantity to wells or
springs.
"Areas susceptible to mass movement" means those areas of
influence (i.e. , areas characterized as having an active or
substantial possibility of mass movement) where the movement of
earth material at beneath, or adjacent to the facility because
of natural or man-induced events, results in the downslope
transport of soil and rock material by means of gravitational
influence. Areas of mass movement include, but are not limited
to, landslides, avalanches, debris slides and flows, soil
flection, block sliding, and rock fall.
"Asbestos" means all the asbestiform varieties of serpentinite
(chrysotile) , riebeckit (crocidolite) , cummingtonite-granerite,
anthophyllite, and actinolite-tremolite.
"Asbestos material" means any material that contains more than
one percent (1%) asbestos by weight or volume.
"Asbestos waste" means any asbestos material whether it
contains friable or non-friable asbestos that is not intended
for further use and that is accepted at a solid waste disposal
site and facility for disposal. This term includes but is not
limited to asbestos mill tailings, asbestos from pollution
control devices, and bags or containers that contained any of
these at any time prior to disposal.
"Asbestos waste disposal area" means any portion of a solid
wastes disposal site and facility where asbestos waste has been
or will be received for disposal.
"Ash" means the bottom ash, fly ash or air pollution control
residues and other residues of the combustion process from the
operation of an incinerator or energy recovery facility,
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(EFFECTIVE DATE OCTOBER 9 , 1993)
6
including the combustion of any municipal, commercial or
industrial solid waste.
"Autoclave" means a strong, pressurized, steam heated vessel
used for sterilization. When used as a verb the term means the
process of sterilization accomplished through the use of such
a vessel.
"Barrier layer" means a continuous layer of material designed
and constructed to restrict horizontal and/or vertical
migration of leachate from the facility. A "barrier layer" may
contain both manufactured and natural materials. The term is
also used in cap construction to prevent fluids from migrating
vertically through the cap.
"Base flood" means a flood that has a one percent chance of
recurring in any year, or a flood of a magnitude equalled or
exceeded once in 100 years, on the average over a significantly
long period.
"Biohazardous wastes" means all wastes that would otherwise be
an infectious wastes but are contaminated with a radioactive or
listed hazardous waste.
"Bird hazard" means an increase in the likelihood of
bird/aircraft collisions that may cause damage to the aircraft
of injuries to its occupants.
"Certificate of designation" means a document issued by the
governing body having jurisdiction to a person authorizing the
use of land for a solid waste disposal site and facility
pursuant to the Act. The "certificate of designation", which
incorporates all information as may be required by the
Department and the governing body having jurisdiction, is then
issued by the governing body having jurisdiction if the
Department has determined that the minimum standards are met.
"Closed facility" means a solid waste site or facility that has
been closed in accordance with provisions of the federal
regulations pursuant to Subtitle D of the federal "Resource
Conservation and Recovery Act of 1976" , as amended, as
published in 40 CFR Part 258 . 60 or in the manner specified in
the approved certificate of designation application at the time
of approval of the site or facility, or in a closure plan that
has been approved by the Department or prior to the enactment
of the Solid Waste Disposal Sites and Facilities Act (C.R.S.
30-20-100. 5) .
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(EFFECTIVE DATE OCTOBER 9 , 1993)
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"Commercial wastes" means all solid wastes generated by stores,
hotels, markets, offices, restaurants, warehouses, construction
and demolition debris and other non-manufacturing activities,
excluding community and industrial wastes.
"Community wastes" means all solid wastes generated by the
noncommercial and nonindustrial activities of private
individuals, including solid wastes from households, yards,
streets, sidewalks and alleys.
"Compost" means the material or product which is developed
under controlled conditions and which results from biological
degradation processes by which organic wastes decompose.
"Compost facility" means a site where compost is produced.
"Composite liner" means a liner system consisting of two
components: the upper component shall consist of a flexible
membrane liner (FML) and the lower component shall consist of
a compacted soil layer. The FML component must be installed in
direct and uniform contact with the compacted soil component.
"Construction and demolition debris facility" means a discrete
area of land or an excavation which is designed for the final
disposal of solid waste which result from the construction or
demolition of a building or structure, such as lumber, bricks,
concrete, sheetrock and other similar materials.
"Custom mill" means an operation or facility for the extraction
of metals or minerals from ores. Such a facility receives its
raw materials from one or more sources off-site of the mill
property.
"Department" means the Colorado Department of Health.
"Dewatered" means that the material has been subjected to a
process that will remove free moisture from the material as
determined by the paint filter test.
"Disease vector" means any animal, insect, bacterium or virus
capable of transmitting disease, illness or harm to humans.
"Emission" means the discharge or release into the atmosphere
of one or more air pollutants.
"Engineering design" means the analysis and design work
prepared for construction, operation and closure of a solid
waste disposal site or facility which may contain a preliminary
report of design specifications, maps and plans drawn to a
JUNE 30, 1993
(EFFECTIVE DATE OCTOBER 9 , 1993)
8
convenient and common scale, provides site or facility
operation plans and site or facility closure plans, and
contains all information and data otherwise specified by these
regulations.
"Exemption" means, for the purposes of these regulations, that
a facility shall be free or largely free of some permitting
obligation as specifically provided in the Colorado Revised
Statutes, 30-20-102 .
"Existing landfill" means any landfill that has received solid
waste as of the effective date of these regulation.
"Explosive gas" means methane or other combustible gases,
generated by decomposition in a facility for solid wastes
disposal.
"Facility or solid waste disposal facility" means all
contiguous land and structures, other appurtenances, and
improvements on the land used for solid waste disposal.
"Facility structures" means any building, structure, or utility
services trenches, temporary or permanent, at a facility for
solid wastes disposal.
"Fault" means a fracture or a zone of fractures in any material
along which strata on one side have been displaced with respect
to strata on the other side.
"Fault displacement" means the relative movement of any two
sides of a fault measured in any direction.
"Favorable geologic conditions" means that a site selection
shall emphasize tight soils, distance from ground water, deep
aquifers and similar natural features.
"Floodplain" means lowland areas adjacent to inland surface
waters that are inundated by the base flood.
"Friable asbestos waste" means any asbestos waste that can be
pulverized or reduced to powder by hand pressure when dry.
"Gas condensate" means the liquid generated as a result of gas
recovery process[es] .
"Governing body having jurisdiction" means the board of county
commissioners if a site and facility is located in any
unincorporated portion of a county and means the governing body
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(EFFECTIVE DATE OCTOBER 9, 1993)
9
of the appropriate municipality if a site and facility is
located within an incorporated area.
"Ground water" means any water below the land surface in a zone
of saturation.
"Ground water protection standard" means those standards
established by following 40 CFR 258. 55 (H) and (I) methodology
or standards established by this Department (5 CCR 1002-8) .
"Hazardous constituent" means the list of chemical parameters
described in Appendix IB and II of these regulations and 6 CCR
1007-3 , Part 261. 3 Appendix VIII.
"Hazardous waste" means those substances and materials defined
or classified as such by the Hazardous Waste Commission
pursuant to 25-15-302 , C.R. S. , as amended.
"Health departments" means the Colorado Department of Health
and a local health department if such entity exists.
"High wind warning" means that sustained winds of forty miles
per hour (40 MPH) or greater, or gust of fifty-five miles per
hour (55 MPH) or greater, are expected to persist for one hour
or longer, as defined by the National Weather Service.
"Holocene" means the most recent epoch of the quaternary
period, extending from the end of the pleistocene epoch to the
present.
"Household waste" means any solid waste generated by
households, including single and multiple residences, and
motels, bunkhouses, ranger stations, crew quarters,
campgrounds, picnic grounds, and day-use recreation areas.
"Incineration" means the combustion of solid wastes in such a
way as to:
(a) Control the air mixture to maintain adequate temperature
for efficient combustion; and
(b) Contain the combustion reaction in an enclosed device to
provide sufficient residence time and mixing for complete
combustion; and
(c) Control the emission of combustion byproducts consistent
with the standards, rules and regulations promulgated by the
Department' s Air Quality Control Commission.
"Incompatible wastes" means wastes which, when mixed, produce
heat, pressure, fire, explosion, violent reaction, toxic mist,
fumes or gases, or flammable fumes or gases.
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(EFFECTIVE DATE OCTOBER 9 , 1993)
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"Incorporated into the soil" means the insertion of solid waste
beneath the surface of soil or the mixing of solid wastes with
the surface soil.
"Industrial wastes" means all solid wastes, including mill
tailings and mining wastes, resulting from the manufacture of
products or goods by mechanical or chemical processes that are
not a hazardous waste regulated under 6CCR 1007-3 , the Colorado
Hazardous Waste Regulations. Such waste may include, but is
not limited to, waste resulting from the following
manufacturing processes: electric power generation;
fertilizer/agricultural chemicals; food and related
products/by-products; inorganic chemicals; iron and steel
manufacturing; leather and leather products; nonferrous metals
manufacturing/foundries; organic chemicals; plastics and resins
manufacturing; pulp and paper industry; rubber and
miscellaneous plastic products; stone, glass, clay, and
concrete products; textile manufacturing; transportation
equipment; and water treatment. This term does not include oil
and gas wastes regulated by the Colorado Oil and Gas
Conservation Commission.
"Inert material" means non-watersoluble and non-putrescible
solids together with such minor amounts and types of other
materials as will not significantly affect the inert nature of
such solids. The term includes, but is not limited to, earth,
sand, gravel rock, concrete which has been in a hardened state
for at least sixty days, masonry, asphalt paving fragments, and
other inert solids.
"Inert material facility" means a site and facility that
accepts for disposal exclusively those materials defined herein
as inert material.
"Infectious waste" means waste containing pathogens or
biologically active material which because of its type,
concentration and quantity could present a potential hazard to
human health when improperly handled, stored, processed,
transported or disposed of.
"Intermediate processing facility" means a facility designed to
remove recycables from unprocessed municipal solid waste.
"Karst terrains" means areas that are characterized by surface
and subterranean features, and that are developed as the result
of dissolution of limestone, dolomite, or other soluble rock.
Characteristic physiographic features present in karst terrains
include, but are not limited to sinkholes, sinking streams,
caves, large springs, and blind valleys.
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"Land application facility" means an area where solid wastes
are applied onto or incorporated into the soil surface for the
purposes of biological degradation, treatment, final disposal,
or beneficial purposes.
"Landfill" means a discrete area of land or an excavation where
solid wastes are placed for final disposal, which is not a land
application unit, waste impoundment, or waste pile. Landfills
include, but are not limited to, ash monofills, construction
and demolition landfills, industrial landfills, sanitary
landfills, tire monofills and similar facilities where final
disposal occurs.
"Landfill phase" means a subpart of a landfill.
"Lateral expansion" means any horizontal expansion of
previously approved waste management unit boundaries for which
the Department has not approved as-built construction
documents.
"Leachate" means liquid that has passed through or had contact
with solid wastes and may contain soluble, miscible, or
suspended constituents removed from the wastes.
"Liner" means a continuous layer of natural or man-made
materials beneath and on the sides of a waste impoundment or
landfill which restricts or prevents the downward or lateral
escape of solid waste, its constituents, or leachate. A liner
is also used in cap construction to prevent and control
vertical movement of fluids.
"Liquid waste" means any waste material that is determined to
contain "free liquid" as defined by method 9095 [paint filter
liquid test] described in "Test Methods for Evaluating Solid
Wastes, Physical/Chemical Methods " (EPA Publ. No SW-846; see
Section 1. 1) .
"Lithified earthen material" means all rock, including all
naturally occurring and naturally formed aggregates or masses
of minerals or small particles of older rock that formed by
crystallization of magma or by induration of loose sediments.
This term does not include man-made materials, such as fill,
concrete, and asphalt, or unconsolidated earthen materials,
soil, or regolith lying at or near the earth surface.
"Local governing authority" means the governing body having
jurisdiction.
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"Local requirements" means all zoning, laws, resolutions or
ordinances related to or enforced on solid waste disposal
promulgated by counties, municipalities or other political
subdivisions of the state and the specifications and
requirements identified as part of a certificate of
designation.
"Lower explosive limit" means the lowest percent, by volume, of
a mixture of explosive gas or gases in air that will propagate
a flame at 25°c (77°f) and at standard atmospheric pressure.
"Management" means the handling, storage, collection,
transportation and disposal of solid waste.
"Material recovery facility (MRF) " means a facility designed to
receive and process recyclable materials.
"Maximum horizontal acceleration in lithified earth material"
means: (1) The maximum expected horizontal acceleration
depicted on a seismic hazard map, with a 90 percent or greater
probability that the acceleration will not be exceeded in 250
years; or (2) The maximum expected horizontal acceleration
based on a site-specific seismic risk assessment.
"Mill tailings" means an industrial solid waste generated by
the mechanical or chemical processing of minerals for
subsequent conversion into useable forms such as a metal, a
metallic compound, an energy source, or raw material for
manufacture.
"Mining waste" means overburden to be discarded and other
industrial wastes directly related to the preparation,
development and operation of mineral extraction facilities.
Mining waste includes only waste material directly connected
with the cleaning and preparation of substances mined by an
operation are managed at the mine site where they are
generated.
"Monofill" means a landfill or section of landfill at which
only one type of waste is accepted for disposal.
"Municipal solid waste" means solid waste from household,
community, commercial and industrial sources that does not
contain hazardous wastes as defined in Section 25-15-101(9) of
the Colorado Hazardous Waste Act unless otherwise regulated by
the Department.
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"Municipal solid waste landfill (MSWLF) " means a sanitary
landfill where one of the main waste streams accepted is
municipal waste.
"Municipal solid waste incinerator ash" means the bottom ash,
fly ash or air pollution control residues and other residuals
of the combustion process from the operation of incinerator or
energy recovery facilities managing municipal solid waste.
"Municipality" means a home rule or statutory city, town, or
city and county, or territorial charter city.
"Noise pollution" means sound levels radiating from the site
boundary, at a distance of twenty-five feet (25 ' ) or more, in
excess of standards established in Sections 101 and 103 of the
"Colorado Noise Abatement Act" , Title 25, Article 12 , Part 1,
CRS, as amended.
"Noncommercial burning of trash" means the combustion of solid
wastes in accordance with CRS 30-20-110 of the Act.
"Nonfriable asbestos waste" means any asbestos waste other than
friable asbestos waste.
"Nuisance conditions" are those which may result from explosive
gas, bird hazards, disease vectors, odors, windblown solid
wastes or cover materials, open burning, water pollution, air
pollution, noise pollution and traffic congestion.
"Open burning" means the uncontrolled or unconfined combustion
of solid wastes at a facility for solid waste disposal without
the following: Control of combustion air to maintain adequate
temperature for efficient combustion; containment of the
combustion reaction in an enclosed device to provide sufficient
residence time and mixing for complete combustion; and control
of the emission of the combustion products.
"Operator" means the person(s) responsible for the overall
operation of a facility or part of a facility.
"Owner" means the person(s) who owns a facility or part of a
facility.
"Person" means an individual, partnership, private or municipal
corporation, firm, or other association of persons.
"Point of compliance" as referred to in Section 2 .2 , 3 . 2 . 5 And
3 . 5 shall be located on land owned by the owner of the site and
facility and means either:
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(EFFECTIVE DATE OCTOBER 9, 1993)
14
(1) For a landfill, a vertical surface which is not more than
150 meters from the waste management unit boundary as described
in the engineering design and operations report: or
(2) For other sites and facilities a vertical surface that is
at the perimeter of the solid waste disposal site and facility
boundary.
"Poor foundation conditions" means those areas where geological
features exist which indicate that a natural or man-induced
event may result in inadequate foundation support for the
structural components of the facility.
"Practicable solid waste management alternative" means a
materials or resource recovery facility, transfer station or
any other alternative to the existing landfill, which the owner
or operator has determined will, if utilized as an alternate
disposal site to solid waste management alternative:
(1) Increase customer's cost for solid waste management
services by less than 100%; or
(2) Not result in a solid waste management cost to the local
government owner or operator which exceeds one percent of that
local government's total annual budget.
"Preliminary report" means an initial report prepared by
qualified professionals, including geologists, land surveyors,
ground water specialists, engineers and others which contains
technical information regarding geologic, engineering and
hydrologic data and site information, and other data which the
Department deems necessary.
"Processing" means performing a type of solid waste disposal,
including but not limited to incineration, and composting.
"Putrescible wastes" means those solid wastes that contain
organic matter capable of being decomposed by microorganisms,
and of such a character and proportion as to be capable of
attracting or providing food for birds or disease vectors.
"Qualified ground water scientist" is a scientist or engineer
who has received a baccalaureate or post-graduate degree in the
natural sciences or engineering and has sufficient training and
experience in ground water hydrology, and related fields as may
be demonstrated by state registration, professional
certifications, professional experience or completion of
accredited university programs that enable that individual to
make sound professional judgements regarding ground water
monitoring, contaminant fate and transport, and corrective
action.
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(EFFECTIVE DATE OCTOBER 9, 1993)
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"Recyclable materials" means a type of material that is subject
to reuse or recycling.
"Recycling operation" means a separate facility, or a part of
a solid waste disposal facility at which recyclable materials
may be separated from other materials for further processing or
marketing.
"Residual sludge" means solids, semi-solids or liquids
remaining in a waste impoundment after final evaporative or
other treatment or storage of the waste is completed, or which
may be dredged out during the active life.
"Run-off" means any precipitation or surface water that has not
contacted solid waste material and that drains over land from
any part of a facility.
"Run-on" means any precipitation or surface water that drains
over land on to any part of a facility.
"Sanitary landfill" means a discrete area of land or an
excavation for which the final disposal of solid waste employs
a method to obtain the most dense volume practicable of the
waste and covering with earth or other suitable material. A
sanitary landfill may receive household waste, community waste,
municipal solid waste, commercial waste, and industrial waste.
"Saturated zone" means that part of the earth' s crust in which
all voids are filled with water.
"Scrap tire" means a tire that is no longer used for its
original purpose.
"Scrap tire recycling" means the sale of scrap tires in the
used-tire market, the sale of tire casings or carcasses for
retreading purposes, or the extraction of useful materials or
energy from the tires through thermal, chemical, or physical
processing.
"Scrap tire recycling facility" means a facility at which
10, 000 or more scrap tires are held in inventory for the
purposes of recycling.
"Seismic impact zone" means an area with a ten percent or
greater probability that the maximum horizontal acceleration in
lithified earth material, expressed as a percentage of the
earth's gravitational pull will exceed 0. 10G in 250 years.
JUNE 30, 1993
(EFFECTIVE DATE OCTOBER 9, 1993)
16
"Significant" means, in the context of differentiating between
liquid or semisolid waste streams, a difference of one order of
magnitude in the concentration of any constituent.
"Site" or "solid waste disposal site" means the location for a
facility chosen based upon geologic, hydrologic and operational
considerations.
"Site boundary" means the outermost perimeter of a solid waste
disposal site and facility, as designated pursuant to the Act.
"Sludge" means any solid or semi-solid waste generated by
municipal, commercial, or industrial wastewater treatment
plant, water supply treatment plant, or air pollution control
facility, that has been treated to obtain pathogen destruction,
odor control, or putrescibility control.
"Solid waste" means any garbage, refuse, sludge from a waste •
treatment plant, water supply treatment plant, air pollution
control facility, or other discarded material; including solid,
liquid, semisolid, or contained gaseous material resulting from
industrial operations, commercial operations or community
activities. "Solid waste" does not include any solid or
dissolved materials in domestic sewage, or agricultural wastes,
or solid or dissolved materials in irrigation return flows, or
industrial discharges which are point sources subject to
permits under the provisions of the "Colorado Water Quality
Control Act" , Title 25, Article 8 , CRS or materials handled at
facilities licensed pursuant to the provisions on "Radiation
Control Act" in Title 25, Article 11, CRS.
"Solid waste disposal" means the storage, treatment,
utilization, processing, or final disposal of solid wastes.
"Solid waste disposal site and facility" means the location
and/or facility at which the deposit and final treatment of
solid wastes occur.
"Solid waste incinerator ash" means the bottom ash, flyash or
air pollution control residues and other residuals of the
combustion process from the operation of incinerator or energy
recovery facilities managing solid waste.
"Special waste" means a solid waste which may require chemical
analysis prior to acceptance which may require, special
handling or disposal procedures. Special wastes include, but
are not limited to: asbestos, bulk tires or other bulk
materials, biomedical waste, sludges and contaminated soil.
JUNE 30, 1993
(EFFECTIVE DATE OCTOBER 9, 1993)
17
"Structural component" means liner, leachate collection system,
final cover, run-on/run-off control system, or any other
component which is used in the construction and operation of
the facility and are necessary for protection of human health
and the environment.
"Surface water" means water that flows on the land surface, or
is tributary to such water.
"Transfer station" means a facility at which refuse, awaiting
transportation to a disposal site, is transferred from one type
of containerized collection receptacle and placed into another
or is processed for compaction.
"Treatment" means performing a type of solid waste disposal,
which includes but is not limited to, shredding, baling, liquid
evaporation, and nonbeneficial sludge landspreading.
"Underground source of drinking water" means an aquifer or its
portion:
(a) Which supplies any public water system, or which contains
a sufficient quantity of ground water to supply a public water
system; and
(b) Currently supplies drinking water for human consumption,
or contains fewer than 10, 000 mg/1 total dissolved solids.
"Unstable area" means a location that is susceptible to natural
or man-induced events or forces capable of impairing the
integrity of some or all of the landfill structural components
which are necessary for the prevention of releases from a
landfill. "Unstable areas" can include poor foundation
conditions, areas susceptible to mass movements, and karst
terrains.
"Uppermost aquifer" means the aquifer nearest the ground
surface as well as other aquifers which are hydraulically
connected with this aquifer within the facility boundary or
adjacent to the facility boundary.
"Visible emissions" means emissions which contain asbestos
fibers, are visually detectable without the aid of instruments
and arise from any portion of an asbestos waste disposal area
including but not limited to any soils, bags and containers.
"Waiver" for the purposes of these regulations shall mean a
formalized process whereby an applicant may request to be
excused from specific portions of these regulations. In
general a defensible technical argument must be presented and
verified before a waiver may be granted.
JUNE 30, 1993
(EFFECTIVE DATE OCTOBER 9, 1993)
18
"Washout" means the carrying away of solid waste by waters of
the base flood.
"Waste impoundment or impoundment" means a facility or part of
a facility that is a natural topographic depression,
excavation, pit, pond, lagoon, trench, or diked area. An
impoundment, which may be lined with earthen material or
synthetic material, is designed for storage, treatment or final
disposal of solid waste. Examples of impoundments are holding,
storage, settling, and aeration pits, ponds, and lagoons.
"Waste management unit boundary" means a vertical surface
located at the hydraulically downgradient limit of the area to
be filled. This vertical surface extends down into the
uppermost aquifer.
"Waste pile or pile" means any noncontainerized accumulation of
solid, non-flowing waste that is used for treatment or storage
or processing.
"Waste stream" means a relatively uniform solid waste, produced
by the same or a similar process or generator over time.
Different waste streams are distinguished by significantly
larger or smaller concentrations of one or more constituents as
determined by standard test methods or inspection.
"Water pollution" means the manmade or man-induced alteration
of the background physical, chemical, biological or
radiological integrity of ground water or surface water.
"Water treatment plant sludge disposal" means the final
disposal of the accumulated solids from the processing of raw
water in a treatment plant of a municipality or industry.
"Wetlands" means those areas that are inundated or saturated by
surface or ground water at a frequency and duration sufficient
to support, and that under normal circumstances do support, a
prevalence of vegetation typically adapted for life in
saturated soil conditions. "Wetlands" generally include
swamps, marshes, bogs, and similar areas.
"Working face" means that portion of a facility for solid
wastes disposal where solid wastes are actively unloaded,
placed, compacted and covered, at any time of operation.
"Yards per day" means the cubic yardage of material a facility
receives at the gate, for each 24 hour period.
JUNE 30, 1993
(EFFECTIVE DATE OCTOBER 9, 1993)
19
"100-Year flood" means a flood that has a 1-percent or greater
chance of recurring in any given year or a flood of a magnitude
equalled or exceeded once in 100 years, also called (base
flood) .
1. 3 SCOPE AND EFFECTIVE DATE
1. 3 . 1 These regulations are based on the authorities defined
and established in the Solid Waste Act, 30-20-100. 5, et
seq. C.R.S. Under that statute, the siting, permitting
and regulation of solid waste disposal sites and
facilities is an area of dual jurisdiction; that is, both
the Department and local governing bodies having
jurisdiction have assigned roles and responsibilities.
Due to the dual nature of this process, effective
coordination and communication are important to both
governmental agencies involved in decisions, approvals
and enforcement. The department recognizes that a
cooperative relationship must be established with the
governing bodies having jurisdiction or with the agency
or agencies identified by such bodies as contacts for
their jurisdiction. However, these regulations cannot
and do not assign to any agency authorities not granted
them in statute; nor can these regulationS negate or
change any authority granted to a local agency under any
other statute, regulation or ordinance.
1. 3 .2 The effective date of these regulations shall be October
9, 1993 except for the financial assurance requirements
contained in Section 1. 8 of these regulations which shall
become effective April 9, 1994 .
1. 3 . 3 No person shall operate a facility for solid waste
disposal, where processing, treatment, or final disposal
is performed, at any site without a certificate of
designation obtained from the governing body having
jurisdiction except as specified in 30-20-102 C.R. S. as
amended.
1. 3 .4 Sites for new solid waste disposal sites and facilities
shall comply with these regulations, unless compliance
with specific standards is waived by the Department in
accordance with Section 1. 5 of these regulations.
1. 3 .5 The construction, operation and closure of all new
facilities for solid waste disposal shall comply with
designs, specifications and procedures outlined in the
certificate of designation application, or in amendments
to such applications approved after Department review,
JUNE 30, 1993
(EFFECTIVE DATE OCTOBER 9 , 1993)
20
and with all applicable local requirements, and with the
standards of these regulations.
1. 3 . 6 The construction, operation and closure of all approved
facilities for solid waste disposal that were granted a
certificate of designation before there were requirements
for an engineering design and operations report or that
are in operation on the effective date of these
regulations, shall comply as a minimum with standards in
Section 2 of these regulations.
1. 3 . 7 Solid waste disposal sites and facilities that are
exempted from certificate of designation requirements
under provisions of Section 1.2 of these regulations
shall comply with the applicable standards of these
regulations, unless permitted or operated in compliance
with regulations pursuant to the "Colorado Mined Land
Reclamation Act" , Title 34, Article 32 , Section 101, et
seq. , CRS, as amended; or the "Hazardous Waste Act" ,
Title 25, Article 15, Parts 1, 2 , and 3 , CRS, as amended.
1. 3 . 8 Technical guidelines, including specific technical
factors, may be developed and issued by the Department to
assist applicants, local governments, and the public.
1. 3 . 9 (A) All solid waste disposal sites and facilities are
reviewed and approved for a specific owner/operator; a
specific waste stream; a specific design; a specific
operation plan. Significant changes to the above are
required to be approved by the Department. Such approval
or denial shall become a part of the operating record.
The information describing changes relating to the above
items shall be submitted and described in appropriate
detail and in a clear and concise format. This is
required in order to maintain current information and
status on sites and facilities for monitoring and
enforcement purposes.
(B) Sites and facilities subject to 40 CFR Part 258
shall submit a compliance information applicable to their
site for the compliance plan per Section 3 . 0.
(C) Nothing in this section shall preclude any review
action by the local governing authority under 30-20-100. 5
et seq. or appropriate local ordinance or rule.
1. 3 . 10 Statements of the basis and purpose for these regulations
have been prepared and adopted by the board of health,
and hereby incorporated into these regulations by
reference, pursuant to the "Colorado Administrative
Procedures Act", Title 24, Article 4, Section 103 , C.R. S.
JUNE 30, 1993
(EFFECTIVE DATE OCTOBER 9, 1993)
21
1973 , as amended. A statement of basis and purpose for
each change in the regulations is drafted to give the
reasons for the regulatory change enacted. Copies are on
file with the Department.
1. 3 . 11 These regulations shall apply to all solid waste disposal
sites and facilities as provided for in CRS 30-20-100. 5
and herein.
(A) The minimum standards (Section Two shall apply to
all sites and facilities.
(B) Section 3 . 0 shall apply to all solid waste disposal
landfills and facilities.
(C) Sections 4 through Section 13 are specific to
specific waste streams and facilities.
Section Two is meant to be used in conjunction with all
other sections. The Department recognizes that all the
criteria may not be applicable to all sites, facilities
or waste streams.
1.4 EXEMPTIONS Notwithstanding the provisions in Section 1. 3 of
these regulations, the following facilities for solid wastes
disposal shall be approved sites and/or facilities for which
obtaining a certificate of designation under provisions of
these regulations shall not be necessary for:
1. 4. 1 Those sites and facilities at which any person, other
than a governmental unit, disposes of his own solid
wastes on his own property; provided that the Department
has determined, based upon review of an engineering
design and operations report prepared and submitted by
the operator in accordance with Sections 3 . 3 , 3 . 1, and
3 .2 of these regulations, that the disposal operation
will comply with the Act and the applicable regulations
of the Department.
1. 4 .2 Those facilities for solid waste disposal at which any
person engaged in mining operations permitted by the
Colorado Mined Land Reclamation Board, pursuant to the
"Colorado Mined Land Reclamation Act", Title 34, Article
32 , Section 101, et seq. , CRS 1973, as amended, and its
regulations, performs solid waste disposal of mining or
other solid wastes generated by such operations within
the permitted area for such operations.
1. 4 . 3 Those solid wastes disposal sites and facilities,
including processing facilities, operated to process,
reclaim or recycle recyclable materials which are not
materials that are likely to create environmental damage
JUNE 30, 1993
(EFFECTIVE DATE OCTOBER 9, 1993)
22
or create off-site odors as a result of processing,
reclaiming, recycling or storage prior to recycling, the
standards set forth in Section 8 shall be applicable.
1. 4 .4 Those sites where sludge is used beneficially as a
fertilizer, soil conditioner, fuel or livestock feed,
provided the sludge is certified to have met all
applicable regulations of the Department and the
Department of Agriculture.
1. 4 . 5 Those facilities for hazardous waste disposal that have
been issued a certificate of designation pursuant to
Title 25, Article 15, Parts 1, 2, and 3, CRS, as amended,
and its regulations.
1.4. 6 Transfer stations, which shall not be deemed to be a
solid waste disposal site and facility, shall not require
a certificate of designation and shall meet standards as
set forth in Section 7 .
1. 5 WAIVER PROCESSES AND PROCEDURES
1. 5. 1 If an applicant wishes to request a waiver of any
provision of these regulations, written documentation
requesting such waiver or waivers shall be submitted to
the Department and the local governing authority. Waiver
requests shall be site-specific and shall list those
regulations or requirements for which a waiver is being
requested. The waiver request shall supply sufficient
technical information in a clear and concise format to
justify the applicant's request.
Minimum information required for a waiver request shall
consist of:
(A) Name and address of the applicant and the owner
(B) Site address and legal description
(C) Site or facility name
(D) County and township, range, section where the site is
located.
(E) Type, size, expected active life and operational
history of the facility
(F) Geological, hydrologic, and engineering and other
such information necessary to support the applicants
waiver request
(G) The specific regulatory subsections for which the
waiver request is being filed.
(H) Any alternative requirements or performance standards
offered in place of the standards requested to be waived.
JUNE 30, 1993
(EFFECTIVE DATE OCTOBER 9 , 1993)
23
1. 5. 2 Based upon written specific waiver documentation, in
their consideration of an application, and in the
exercise of their regulatory authority to assure
compliance with these regulations, the Department after
consultation with the governing body having jurisdiction
may waive compliance with standards in Sections
2 , 3, 4 , 5, 6,7,8, 9, 10, 11, 12 and 13 provided that the
application satisfies criteria (A) and (B) and (C) and
(D) below:
(A) The benefits derived from meeting a standard do not
bear a reasonable relationship to the economic,
environmental, and energy impacts or other factors which
are particular to the facility; and
(B) Such waiver is consistent with the purposes of the
Act and these regulations; and
(C) Such waiver is not deemed to constitute a major
variation £rod the requirements of these regulations; and
(D) The waiver will not cause or allow the violation of
any air or water quality standard Or federal or local
restrictions.
1. 5. 3 The Department after consulting with the governing body
having jurisdiction, shall waive compliance with the
requirements of Section 3 .2 , "Design Criteria" and
Section 2 . 2 , "Ground Water Monitoring and Corrective
Action" , by owners or operators for new municipal solid
waste landfill units, existing MSWLF units and lateral
expansions £or which the owner or operator has submitted
written specific waiver documentation that adequately
demonstrates that:
(A) Such owners or operators dispose of less than twenty
(20) tOns of municipal solid waste daily. The twenty
tons per day shall be measured as an annual aggregate
average; and
(B) Certification that the hydrogeologic characteristics
of the Media beneath the site area are such that
migration o£ contaminants fram the facility into off-site
ground water are unlikely. A minimum criteria will be
that the soil§ beneath the site have a minimum
permeability of at leant 1 x 10-6 cm/sec and the distance
to the nearest agqifer is such that ground water
contamination is unlikely; or
(C) There is no evidence of existing ground water
contamination £rom the MSWLF unit indicated by
contamination of a well utilizing the uppermost aquifer
and located at or adjacent to the mswlf unit boundary.
Documentation to fulfill this characterization
requirement can consist of independent field study, or
JUNE 30, 1993
(EFFECTIVE DATE OCTOBER 9, 1993)
24
(1) That no evidence of leachate was indicated through
tests utilizing a piezometer at the point of
compliance, or
(2) That no evidence of leachate was indicated through
a test utilizing a wet/dry monitor at the point of
compliance, or
(3) Ground water contamination from the unit is
determined not to exist or not likely to occur through
use of any other test agreed to by the applicant and
department; and
(4) The MSWLF unit serves a community that experiences
an annual interruption of at least three consecutive
months of surface transportation that prevents access
to a regional waste management facility; or
(5) The MSWLF unit serves a community that has no
practicable waste management alternative and the
landfill unit is located in an area that annually
receives less than or equal to 25 inches of
precipitation.
1. 5. 4 A waiver is granted based upon data and information
submitted at a given point in time. Anytime that the
facility which has been operating under a waiver granted
by the Department can no longer meet the waiver criteria,
the waiver is void and ceases to exist.
1. 6 APPLICATION FOR CERTIFICATE OF DESIGNATION
1. 6. 1 Any person proposing to operate a facility for solid
wastes disposal within the unincorporated portion of any
county shall apply to the commissioners of the county in
which the site is to be located for a certificate of
designation and any person proposing to operate a
facility for solid waste disposal within the corporate
boundaries of a municipality shall apply to the governing
body of that municipality for a certificate of
designation.
1. 6. 2 On the date of its submittal, the application shall be
accompanied by a non-refundable fee which has been
established by the governing body having jurisdiction and
which is based on the costs incurred by that body in the
application review and approval processes. The
application shall be accompanied by at least five (5)
copies or as many additional copies as specified by local
requirements, of an engineering design and operations
report prepared in accordance with these regulations,
unless the proposed solid waste disposal facility is a
JUNE 30, 1993
(EFFECTIVE DATE OCTOBER 9, 1993)
25
privately operated Solid Waste-to-Energy Incineration
facility not under contract to a county and/or
municipality or is a solid waste incineration facility,
in which case Sections 1. 6 and 11. 2 through 11. 5 shall
apply. The application shall also include all other
documents specified by local requirements. After receipt
of an application, the governing body having jurisdiction
shall forward copies of the application and at least five
(5) copies of the engineering design and operations
report to the Department for review and a recommendation
for approval or disapproval.
1. 6. 3 Recommendations on certificate of designation
applications, including the engineering design and
operations report, shall be based upon compliance with
the Act and these regulations.
1. 6.4 The Department shall conduct a technical review of each
application for a certificate of designation for a solid
waste disposal site and facility. This review shall have
two parts which are defined in the following subsections.
1. 6. 5 An application for a certificate of designation for a
proposed solid wastes disposal site and facility shall be
reviewed by the Department to determine if the contents
of the application are complete as submitted.
(A) The Department shall make an initial decision
concerning the completeness of the application and its
associated technical documents within thirty (30) days of
the receipt of the application as a referral from the
local governipg body having jurisdiction. The Department
shall base this decision on the content of the
application, as submitted. The Department shall notify
the applicant and local governing body having
jurisdiction whether or not the comprehensive technical
evaluation of the application will proceed. This notice
shall be provided in writing to both the applicant and
the local governing body having jurisdiction.
(B) If the Department fails to provide the applicant and
the local governing body having jurisdiction with its
written decision concerning the completeness of the
application within the specified thirty (30) day period,
the application will proceed through the comprehensive
review described in Subsection 1. 6.6 below.
(C) This initial decision from the Department concerning
the completeness of the application will be based only on
the completeness of the application as submitted and
shall not imply nor indicate anything about the outcome
of the subsequent comprehensive technical review. An
JUNE 30, 1993
(EFFECTIVE DATE OCTOBER 9, 1993)
26
affirmative decision concerning completeness shall not
prevent the Department from asking that the applicant
provide additional information or clarifications of the
information contained in the application as submitted
during the comprehensive technical review described in
Subsection 1.6. 6 below.
1. 6. 6 (A) An application for a certificate of designation for
a proposed solid wastes disposal site and facility and
associated technical documents which have been determined
to be acceptable with regard to completeness shall, then,
undergo a comprehensive technical evaluation to determine
whether the site and facility, as proposed and documented
in the submitted information, can meet the requirements
of these regulations and the statute under which the
regulations were adopted. This comprehensive technical
review shall be the basis for the recommendations of the
Department to the local governing body having
jurisdiction concerning approval or disapproval of the
proposed site and facility.
(B) The Department shall complete the comprehensive
technical review of each application for a solid waste
disposal site and facility within one hundred and fifty
(150) days after the completeness review period,
specified in Subsection 1. 6. 6 above, has elapsed.
1. 6.7 (A) For each application, upon the completion of the
review discussed in Subsection 1. 6. 6 above, the
Department shall evaluate the work load already assigned
to solid waste application review staff and the
approximate length of time needed to complete these
assignments. If it is determined that a comprehensive
technical review of an additional application can not be
completed within one hundred and fifty (150) days, the
Department shall select a contractor from a list of
qualified contractors to participate in the review of the
application.
(B) Upon selection for participation in the
comprehensive technical review of an application for a
certificate of designation for a specific solid waste
disposal site and facility, the contractor selected shall
receive from the Department a copy of all documents
submitted as part of the application and shall provide to
the Department within seven (7) days of selection: (1)
A written statement which verifies that no conflict of
interest exists with regard to contractor's previous or
current activities and the site or applicant in question
in that comprehensive technical review; (2) A work plan
which identifies the personnel and schedule for the
JUNE 30, 1993
(EFFECTIVE DATE OCTOBER 9 , 1993)
27
technical review of the specific application and
technical documents submitted as part of that
application; and (3) And estimate of the cost for that
review based on the contractor's current hourly rates and
estimates of work required to participate in the
technical evaluation of the application.
(C) Upon receipt of the information identified in (B)
above, the applicant shall be notified of the contractor
selected and shall indicate whether or not that
contractor is acceptable based on the information
provided in (B) above. The applicant shall provide to
the Department in writing the decision to accept or
reject the contractor within two (2) working days after
the contractor' s submittal is received. If no such
decision is received, the contractor selected will be
assigned the work.
(D) If the first contractor is rejected by the
applicant, a second and final contractor will be selected
from the list of qualified contractors and the process
contained in Subsection 1. 6. 8 (B) and (C) above will be
repeated.
(E) If neither of the two contractors proposed is
accepted, the applicant shall be deemed to have waived
the one hundred fifty (150) day review period and the
Department will review the application as quickly as the
existing work load allows.
(F) An applicant may request that the Department conduct
the technical review of an application rather than submit
it for review to a contractor. In this case the one
hundred fifty (150) day time frame for the technical
review is deemed to have been waived and the Department
will complete the review as quickly as the existing work
load allows.
1.7 SOLID WASTE AUTHORIZATION AND FEES
1. 7 . 1 Authorization The Department is authorized per Section
30-20-109, CRS, as amended, to collect various types of
fees to fund specified portions of the solid waste
program activities and functions. These fees shall be
collected and used as defined in the following
subsections.
1.7. 2 Application review fees The Department is authorized to
collect a fee for the review of a new application for a
solid wastes disposal site and facility or for the review
of amendments to an original application upon which a
certificate of designation has been issued or for pre-
operation inspection of solid waste disposal sites and
JUNE 30, 1993
(EFFECTIVE DATE OCTOBER 9, 1993)
28
facilities or for the attendance of Department staff at
meetings and hearings concerning such applications or
amendments.
(A) The total fee charged by the Department for the
review of an application shall not exceed the actual
documented costs incurred by the Department in its
review.
(B) The total fee collected by the Department for the
efforts of the Department's solid waste program staff in
the review of a single application for a certificate of
designation for a solid wastes disposal site and facility
shall not exceed ten thousand dollars ($10, 000) .
(C) When a contractor has participated in the
comprehensive technical review of an application for a
certificate of designation for a solid wastes disposal
site and facility, as discussed in Section 1.4.8 of these
regulations, the total fee collected by the Department
for the efforts of the Department' s solid waste program
staff in the review of that application for a certificate
of designation for a solid wastes disposal site and
facility shall not exceed two thousand five hundred
dollars ($2,500) and the hourly rate for this function
shall not exceed seventy-five dollars ($75. 00) .
(1) The Department shall collect from the applicant
the total documented costs incurred by the Department
and by any contractor selected to participate in the
comprehensive technical review of an application for a
certificate of designation for a solid wastes disposal
site and facility.
(2) Payment shall be provided by the applicant prior
to the issuance of a final recommendation on the
application by the Department pursuant to Section 1.4
of these regulations.
1.7 . 3 Solid waste disposal site and facility registration fee
The Department is authorized to collect an annual solid
waste disposal site and facility registration fee to fund
the monitoring and inspection activities of the
Department in the area of solid waste.
(A) In no case shall the annual solid wastes disposal
sites and facilities registration fee for a single site
and facility exceed five thousand dollars ($5, 000) .
(B) The Department shall base the registration fee
collected from each solid wastes disposal site and
facility on the size and type of the site and facility,
and the volume and type of the waste received for
treatment and disposal at the site during the preceding
calendar year.
JUNE 30, 1993
(EFFECTIVE DATE OCTOBER 9, 1993)
29
(B) The annual solid wastes disposal sites and
facilities registration fee shall be collected by the
Department on or before January 1, 1992 and on January 1
of every subsequent year thereafter and shall be those
identified in the following fee schedule:
Solid Wastes Disposal Sites and Facilities
Annual Registration Fee Schedule
Annual Waste Volume
Annual Fee
Type A - Solid Wastes Disposal Landfills
Category 1 One million or more cubic yards $5, 000
Category 2 Less than one million but more
than five hundred thousand cubic
yards $2 , 500
Category 3 Less than five hundred thousand
but more than fifty thousand
cubic yards $1, 000
Category 4 Less than fifty thousand but more
than one thousand cubic yards
$ 500
Category 5 Less than one thousand cubic
yards $ 250
Type B - Infectious Waste Treatment and Disposal Facilities
All Facilities $3, 000
Type C - Waste Incinerators
Category 1 All facilities greater or equal
to 5000 cubic yards $3 , 000
Category 2 Greater than or equal tO 2500
cubic yards & less than 5000
cubic yards $1, 000
Category 3 Less than 2500 cubic yards $ 500
JUNE 30, 1993
(EFFECTIVE DATE OCTOBER 9, 1993)
30
Type D - Liquid Waste Disposal Sites / Waste Impoundments
Category 1 Two hundred and fifty thousand $2 , 000
or more gallons
Category 2 Less than two hundred and fifty
thousand gallons $1, 000
Type E - Processing / Storage Sites and Facilities
Category 1 One hundred thousand or more
cubic yards $1, 000
Category 2 Less than one hundred thousand
cubic yards $500
1.7 .4 Payments Payments shall be made through the Colorado
Department of Health, payable to the treasurer of the
State of Colorado, and such monies shall be credited to
the solid waste management fund.
SECTION 1. 8 FINANCIAL ASSURANCE CRITERIA
1.8 . 1 (A) The owner or operator of any solid waste disposal
site/facility shall maintain in written documented form
current cost estimates for hiring a third party to
close such site and facility and to conduct post-
closure care of such site/facility. The owner or
operator of any solid wastes disposal site and facility
shall establish financial assurance sufficient to
ensure payment of such costs. No solid wastes disposal
site/facility shall operate without being in compliance
with these financial assurance requirements.
(B) A detailed written estimate of the cost of hiring a
third party to close the largest area of a site and
facility that may require closure shall be the basis for
the closure estimate. The closure cost estimate must
equal the cost of closing the largest area requiring
closure during the active life of the site and facility
when the extent and manner of its operation would make
closure the most expensive, as indicated by its closure
plan.
(C) A third party shall be a party who is neither a
parent nor a subsidiary of the owner or operator.
1. 8 . 2 No governing body having jurisdiction shall require an
applicant for a certificate of designation to obtain any
financial assurance mechanism or amount in addition to
JUNE 30, 1993
(EFFECTIVE DATE OCTOBER 9 , 1993)
31
that required by the provisions of C.R.S. 30-20-104 . 5.
The Department shall consult with the governing body
having jurisdiction prior to accepting an applicant' s
financial assurance. Local recommendations shall be
considered in establishing the amount of financial
assurance to be posted. In the case where a site and
facility is owned or operated by the local governing body
having jurisdiction, the Department may consult the local
governing body having jurisdiction on matters concerning
financial assurance but shall retain final decision
making and approval authority.
(A) The owner or operator of any solid wastes disposal
site/facility that is required to undertake a corrective
action program pursuant to these regulations and/or
subpart E of the federal regulations promulgated pursuant
to the provisions of Subtitle D of the federal "Resource
Conservation and Recovery Act of 1976" , as amended and/or
C.R.S. , 30-20-104 . 5 et seq. , as amended, shall maintain
a detailed written estimate of the cost of hiring a third
party to perform such corrective action. This estimate,
and proof of financial assurance to undertake corrective
action, will not be required until such time as a known
release has occurred.
(B) The owner or operator of any solid wastes disposal
site/facility shall maintain:
(1) A detailed written estimate of the cost of hiring
a third party to close such site/facility.
(2) A detailed written estimate of the cost of hiring
a third party to conduct post-closure care at such site
and facility.
1. 8 . 3 The owner or operator of any solid waste disposal site
and facility shall:
(A) Notify the Department when the required cost
estimates have been placed in the operating file for such
site and facility.
(B) Express the required cost estimates in current
dollars.
(C) Annually adjust such cost estimates to account for
inflation by using the implicit price deflator for the
gross domestic product or its successor as published by
the U.S. Department of Commerce.
(D) Owners or operators of a site and facility must
replace original cost estimates with new cost estimates
every five (5) years unless otherwise required by the
Department.
(E) Cost estimates for closure, post-closure or
corrective action may be increased or decreased.
Justification for changing the financial assurance must
JUNE 30, 1993
(EFFECTIVE DATE OCTOBER 9, 1993)
32
be presented to the Department and the local governing
body having jurisdiction, and must be acceptable to
Department. Such justification shall be made a permanent
part of the operating record of the site and facility.
(F) Financial assurance coverage must be provided
continuously until a release is granted by the
Department.
1.8 . 4 (A) On or before April 9, 1994, the owner or operator of
each existing solid waste disposal site and facility
shall establish financial assurance for the site and
facility. The owner or operator of each new solid waste
disposal site and facility which proposes to begin
operation on or after April 10, 1994 shall establish
financial assurance for the solid waste disposal site and
facility on April 10, 1994 or sixty (60) days prior to
initial receipt of waste by the site and facility
whichever date is later.
(B) Such financial assurance shall remain in effect
until a release is granted by the Department.
(C) Subject to approval by the Department and the
governing body having jurisdiction, the owner or operator
of a solid wastes disposal site and facility shall use
one or more of the following financial mechanisms to
financially assure full payment of all closure, post-
closure, and if applicable, corrective action estimated
costs.
(1) Trust fund
(2) Letter of credit
(3) Surety bond
(4) Insurance
(5) Corporate financial test (reserved)
(6) Local government financial test (reserved)
(7) Corporate guarantee (reserved)
(8) Local government guarantee (reserved)
(9) State approved mechanism
(a) Risk pool [reserved]
(b) Multiple financial mechanisms
(c) *Other methods as approved
(D) A certificate of designation may not be transferred
to a new owner or operator unless, as part of the
process, the assignment or transfer of the financial
instrument(s) has been obtained and reviewed and approved
by the Department and the governing body having
jurisdiction.
1. 8. 5 (A) All owners and operators shall provide to the
Department after consultation with the local governing body
JUNE 30, 1993
(EFFECTIVE DATE OCTOBER 9, 1993)
33
having jurisdiction proof of sufficiency of financial
assurance per the requirements set forth in these
regulations and 30-20-104 .5 C.R. S. , as amended.
(B) The Department shall assess a fee per Subsection 1. 7 . 2
to offset the costs of said review (per C.R. S. 30-20-109,
as amended) .
(C) If at any time the Department shall determine that an
owner or operator has insufficient financial assurance or
otherwise is not in full compliance with these regulations
or 30-20-104 . 5 C.R.S. , as amended, it shall so notify the
owner or operator. If the deficiency or other non-
compliance is not corrected within sixty (60) days of this
notice, the Department and governing body having
jurisdiction may suspend the owner or operator ' s
certificate of designation or the owner or operator' s
authority to operate all affected sites and facilities
until it is satisfied that the deficiency or violation has
been satisfactorily corrected.
1.8. 6 Trust fund for closure and post closure
(A) An owner or operator may satisfy the closure and post
closure requirements of this section by establishing a
closure and post-closure trust fund which conforms to the
requirements of this paragraph and submitting an originally
signed duplicate of the trust agreement to the Department,
within ninety (90) days after the effective date of these
regulations. An owner or operator of a new facility must
submit the originally signed duplicate of the trust agreement
to the Department and the governing body having jurisdiction
at least ninety (90) business days before waste is first
received. The adequacy of the trust agreement must be
approved by the Department and the governing body having
jurisdiction prior to a certificate of designation becoming
effective. A trust fund initially must contain, by itself or
in conjunction with another approved mechanism, sufficient
funding to cover the estimated closure and post-closure care
costs. As the trust fund increases in value, the other
approved mechanism may be reduced in like proportion if
documentation is provided to the Department and the governing
body having jurisdiction and if the Department approves the
reduction. The trustee must be an entity which has the
authority to act as a trustee and whose trust operations are
regulated and examined by a federal or state agency.
(B) The trustee, to be validated by the comptroller or
banking commission, shall be the trust department of a
federal or state chartered bank with capital and surplus of
not less than $10, 000, 000, selected by the operator and
acceptable to the Department. Said bank must be located and
legally chartered to operate in one of the fifty (50) states.
JUNE 30, 1993
(EFFECTIVE DATE OCTOBER 9, 1993)
34
The trustee shall direct the investment of funds in the
trust, using the standard of care of a fiduciary. No funds
shall be released, disbursed, or transferred by the trustee
from this trust without the express written authorization of
the Department after consultation with the governing body
having jurisdiction.
(C) The wording of the trust agreement must be identical to
the wording specified in [Appendix A] , and no changes are to
be allowed without Department approval, after consultation
with the governing body having jurisdiction. The trust
agreement must be accompanied by a formal certification of
acknowledgment [Appendix A] . Schedule a of the trust
agreement must be updated within sixty (60) days after a
change in the amount of the current cost estimate covered by
the agreement.
(D) Payments into the trust fund by the owner or operator
must, at a minimum, be made quarterly over the term of the
operating life of the facility as estimated in the closure
and post closure plan. This period is hereafter referred to
as the "pay-in period" . The payments into the trust fund
must be made as follows:
(1) For a new facility, the first payment must be made
before the initial receipt of waste. A receipt from the
trustee for this payment must be submitted by the owner or
operator to the Department and local governing body having
jurisdiction before this initial receipt of waste.
(2) A receipt for the initial payment must be submitted to
the Department by the trustee for both new and existing
sites/facilities. The first payment for both new and
existing facilities must be at least equal to the current
closure and post-closure cost estimate, divided by the
number of quarters in the pay-in period.
The amount of each subsequent payment must be determined by
this formula:
CE-CV
NEXT PAYMENT =
Y
Where CE is the current closure and post-closure cost
estimate, CV is the current value of the trust fund, and Y is
the number of quarters remaining in the pay-in period. After
the first four quarters, and annually thereafter, the CE
shall be multiplied times the preceding year' s annual rate of
inflation before subtracting CV.
(3) In lieu of using the formula expressed in Section
1. 8 . 6 (D) (2) the equivalent quarterly payments into the trust
JUNE 30, 1993
(EFFECTIVE DATE OCTOBER 9, 1993)
35
fund may be determined by calculating the net present value
of CE.
(E) The owner or operator may accelerate payments into the
trust fund or may deposit the full amount of the current
closure and post-closure cost estimate at the time the fund
is established, or at any time thereafter. However, the
value of the fund must be maintained at no less than the
value that the fund would have if quarterly payments were
made as specified in 1. 8 . 6 (D) .
(F) If the owner or operator establishes a closure and
post-closure trust fund after having used one or more
alternate mechanisms specified in Section 1.8 . 4, the first
payment must be in at least the amount that the fund would
contain if the trust fund were established initially and all
quarterly payments had been made.
(G) Whenever the current closure and post-closure cost
estimate increases, and is approved by the Department, the
owner or operator must recalculate the payments into the
trust fund based on the new cost estimate (new CE) ,
retroactive to the first payment into the trust fund. The
amount which would have been paid to date into the trust
fund, as recalculated with the new CE, must be compared to
the trustee' s most recent annual valuation of the trust fund.
If the current valuation of the fund is less than the amount
which would be required when recalculated using the new CE,
the owner or operator must, within sixty (60) days of the
approval of the new estimate, either deposit an amount into
the fund so that its value after this deposit at least equals
the amount as calculated with the new ce, or obtain other
financial assurance as specified in this section to cover the
difference.
(H) During the operating life of the facility, and
post-closure care period, if the value of the trust fund is
greater than the total amount of the current closure and
post-closure cost estimate, the owner or operator may submit
a written request with appropriate documentation justifying
the request to the Department and the governing body having
jurisdiction for the release of the amount in excess of the
current closure and post-closure cost estimate. If the
Department concurs with the accuracy of the justification,
the amount in the trust fund in excess of the current closure
and post-closure cost estimates shall be released.
(I) If an owner or operator substitutes other financial
assurance as specified in this section for all or part of the
trust fund, the owner or operator may submit a written
request to the Department for release of the amount in excess
of the current closure and post-closure cost estimate covered
by the trust fund. The Department will consult with the
JUNE 30, 1993
(EFFECTIVE DATE OCTOBER 9 , 1993)
36
governing body having jurisdiction before approval of the
change.
(J) Within sixty (60) days after receiving a request from
the owner or operator for release of funds as specified in
this section, the Department will instruct the trustee to
release to the owner or operator such funds as the Department
specifies in writing.
(K) Closure and post-closure care reimbursements.
(1) After beginning partial or final closure, an owner or
operator or another person authorized to conduct partial or
final closure may request reimbursements for partial or
final closure expenditures by submitting itemized receipts
to the Department. The owner or operator may request
reimbursements for partial closure only if sufficient funds
are remaining in the trust fund to cover the maximum costs
of closing the facility over its remaining operating life.
Within 60 days after receiving receipts for partial or
final closure activities, the Department will instruct the
trustee to make reimbursements in those amounts as the
Department determines that the partial or final closure
expenditures are in accordance with the approved closure
plan, or otherwise justified. If the Department has reason
to believe that the maximum cost of closure over the
remaining life of the facility will be significantly
greater than the value of the trust fund, it may withhold
reimbursements of such amounts as is deemed prudent until
it determines, that the owner or operator is no longer
required to maintain financial assurance for final closure
of the facility. If the Department does not instruct the
trustee to make such reimbursements, it will provide the
owner or operator with a detailed written statement of
reasons.
(2) An owner or operator or any other person authorized to
conduct post-closure care may request reimbursements for
post-closure care expenditures by submitting itemized bills
to the Department. Within sixty (60) days after receiving
bills for post-closure care activities, the Department will
instruct the trustee to make reimbursements in those
amounts as the Department specifies in writing, if the
Department determines that the post-closure care
expenditures are in accordance with the approved
post-closure plan or otherwise justified. If the
Department does not instruct the trustee to make such
reimbursements, it will provide the owner or operator with
a detailed written statement of reasons.
(3) Where there is one trust fund for both closure and
post-closure care, then there will not be any reimbursement
for closure costs if there are not sufficient funds to
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(EFFECTIVE DATE OCTOBER 9, 1993)
37
cover both the remaining closure and post-closure care
costs.
(L) Subsections (H) through (K) above not withstanding, no
release or reimbursement of funds will be made if a known
release has occurred at a site/facility and the owner or
operator does not then have sufficient financial assurance to
implement the corrective action plan for such release.
Further, if within ninety (90) days of a known release an
owner or operator has not established sufficient financial
assurance for that release, the Department shall recommend
that the local governing body having jurisdiction suspend or
revoke the certificate of designation for the site and
facility of the known release. The Department, after
consultation with the local governing body having
jurisdiction, may then apply closure and post closure trust
funds to implement the corrective action plan, and assess the
owner or operator for any deficiency in the closure and post
closure trust funds which results. results.
(M) The Department, after consultation with the governing
body having jurisdiction, will agree to termination of the
trust fund and release of all monies when an owner or
operator substitutes alternative financial assurance as
specified in Section 1.8 . 4, the owner or operator has
completed all closure post closure, and if applicable,
corrective action requirements,or the owner or operator is
released from the financial assurance requirements of these
regulations.
1. 8 .7 Letter-of-credit for closure and post-closure
(A) An owner or operator may satisfy the requirements of
this section by obtaining an irrevocable standby letter-of-
credit which cdhforfis to the requirements of this paragraph.
An owner or operator of a new facility must submit the letter
of credit to the Department and the local governing body
having jurisdiction at least 90 business days before the date
on which waste is first received: The letter of credit must
be effective before this ihitial receipt of waste. The
issuing institution must have the authority to issue letters
of credit and whose letter-of-credit operations are regulated
and examined by a federal or state agency.
(B) A letter-of-credit must be in full conformance with
Article 5 of the uniforM comfiercial code, C.R.S. 4-5-101 et
sea, as amended.
(C) The wording of the letter-of-credit must be identical to
the wording specified [Appendix A] .
(D) An owner or operator who uses a letter-of-credit to
satisfy the requirements of this section must also establish
a standby trust fund, unless an alternate mechanism has been
established by the state of Colorado to directly receive
JUNE 30, 1993
(EFFECTIVE DATE OCTOBER 9, 1993)
38
monies, or the owner or operator has previously established
a trust fund under Section 1.8 . 6. Under the terms of the
letter-of-credit, all amounts paid pursuant to a draft by the
Department will be deposited by the issuing institution
directly into the standby trust fund, or trust fund, in
accordance with instructions from the Department. This
standby trust fund must meet the requirements of the trust
fund, Subsection 1.8. 6, Except that:
(1) An originally signed duplicate of the trust agreement
must be submitted to the Department and the local governing
body having jurisdiction with a letter of credit; and
(2) The standby trust fund must meet the requirements of
1.8. 6 with the following exceptions:
(a) Payments into the trust fund as specified in 1. 8 . 5.
(b) Updating of schedule a of the trust agreement to
show current closure and post-closure cost estimates.
(c) Annual valuations as required by the trust
agreement; and
(d) Notices of nonpayment as required by the trust
agreement.
(E) The letter-of-credit must be accompanied by a letter
from the owner or operator referring to the letter of credit
by number, issuing institution, and date, and providing the
following information: the EPA identification number, if
available, name, and address of the facility, and the amount
of funds assured for closure and post-closure of the facility
by the letter of credit.
(F) The letter of credit must be irrevocable and issued for
a period of at least one (1) year. The letter of credit must
provide that the expiration date will be automatically
extended for a period of at least one (1) year unless, at
least one hundred twenty (120) days before the current
expiration date, the issuing institution notifies the owner
or operator and the Department and the governing body having
jurisdiction by certified mail of a decision not to extend
the expiration date. Under the terms of the letter of
credit, the one hundred twenty (120) days will begin on the
date when the owner or operator and the Department and the
local governing body having jurisdiction have received the
notice, as evidenced by the return receipts.
(G) The letter of credit must be issued in an amount at
least equal to the current closure and post-closure cost
estimate, less any amount covered by alternative assurance
mechanisms.
(H) Whenever the current closure and post-closure cost
estimate increases to an amount greater than the amount of
the letter of credit during the term of the letter of credit,
the owner or operator, within sixty (60) days after the
increase, must either cause the amount of the credit to be
JUNE 30, 1993
(EFFECTIVE DATE OCTOBER 9, 1993)
39
increased so that it at least equals the current closure and
post-closure cost estimate and submit evidence of such
increase to the Department, or obtain other financial
assurance as specified in Section 1.8. 4 to cover the
increase. Whenever the current closure and post-closure cost
estimate decreases during the operating life of the facility,
the amount of the credit may be reduced to the amount of the
current closure and post-closure cost estimate following
written approval by the Department after consultation with
the local governing body having jurisdiction providing
sufficient documentation to justify this action has been
submitted to the Department.
(I) Following a determination that the owner or operator has
failed to perform final closure or post-closure or corrective
action in accordance with the closure or post-closure or
corrective action plan and other permit requirements when
required to do so, the Department may draw on the letter of
credit.
(J) If the owner or operator does not establish alternate
financial assurance as specified and obtain written approval
of such alternate assurance from the Department, written
after consultation with the governing body having
jurisdiction within ninety (90) days after receipt by both
the owner or operator and the Department of a notice from
issuing institution that it has decided not to extend the
letter of credit beyond the current expiration date, the
Department will draw on the letter of credit. The Department
may delay the drawing if the issuing institution grants an
extension of the term of the credit. During the last thirty
(30) days of any such extension the Department will draw on
the letter of credit if the owner or operator has failed to
provide alternate financial assurance as specified in this
section and obtain written approval of such assurance from
the Department.
(K) The Department will return the letter of credit to the
issuing institution for termination when:
(1) An owner or operator substitutes alternate financial
assurances as specified in this section; or
(2) The Department releases the owner or operator from the
requirements of this section.
(L) The Department shall consult with the governing body
having jurisdiction prior to release or substitution for the
letter of credit.
1.8. 8 Surety bond guaranteeing payment into a closure and post
closure trust fund
(A) An owner or operator may satisfy the requirements of
Section 1. 8 . 1 through 1. 8 . 3 by obtaining a surety bond which
conforms to the requirements of this paragraph, and
JUNE 30, 1993
(EFFECTIVE DATE OCTOBER 9, 1993)
40
submitting the bond to the Department and the local governing
body having jurisdiction on or before the effective date of
these regulations. An owner or operator of a new facility
must submit the bond to the Department and the local
governing body having jurisdiction at least ninety (90)
business days before the date on which waste is first
received. The bond must be effective before this initial
receipt of waste. The surety company issuing the bond and
any co-sureties must, at a minimum, be among those listed as
acceptable sureties on federal bonds in Circular 570 of the
U.S. Department of the Treasury, and should be conducting
business in Colorado and issue the bond subject to the laws
and jurisdiction of the state of Colorado. If the surety is
using reinsurance, a treasury reinsurance form must be
submitted with the bond or within forty-five (45) days
thereafter. If co-sureties are being used, the original bond
must reflect that fact.
(B) The wording of the surety bond must be identical to the
wording in Appendix A.
(C) The owner or operator who uses a surety bond to satisfy
the requirements of this section must also establish a
standby trust fund, unless there has been an alternate
mechanism established by the State of Colorado to directly
receive monies, or the owner or operator has previously
established a trust fund under 1. 8 .6. Under the terms of the
bond, all payments made thereunder will be deposited by the
surety directly into the standby trust fund, or other trust
fund, in accordance with the instructions from the
Department. This standby trust fund must meet the
requirements of the trust fund, Section 1.8 . 6, except that:
(1) An originally signed duplicate of the trust agreement
must be submitted to the Department with surety bond; and
(2) The standby trust fund must meet the requirements of
1.8 . 6 with the following exceptions:
(a) Payments into the trust fund as specified in 1. 8 . 6.
(b) Updating of schedule a of the trust agreement to
show current closure and post-closure cost estimates.
(c) Annual valuations as required by the trust
agreement; and
(d) Notices of nonpayment as required by the trust
agreement.
(D) The bond must guarantee that the owner or operator will:
(1) Fund the applicable trust fund in an amount equal to
the penal sum of the bond before the beginning of final
closure of the facility; or
(2) Fund the standby trust fund in an amount equal to the
penal sum within fifteen (15) days after an order to begin
closure is issued by the Department or local governing body
JUNE 30, 1993
(EFFECTIVE DATE OCTOBER 9, 1993)
41
having jurisdiction or state court or other court of
competent jurisdiction; or
(3) Provide alternate financial assurance as specified in
Section 1.8.4, and obtain the approval of the Department
within (90) days after receipt by the owner or operator and
the Department of a notice of cancellation of the bond from
the surety. Prior to approving the alternate financial
assurance, the Department shall consult with the local
governing body having jurisdiction.
(E) Under the terms of the bond, the surety will become
liable on the bond obligation when the owner or operator
fails to perform as guaranteed by the bond.
(F) The penal sum of the bond must be in an amount at least
equal to the current closure and post-closure cost estimate,
less amounts covered by alternative mechanisms.
(G) Whenever the current closure and post-closure cost
estimate increases to an amount greater than the penal sum,
the owner or operator, within sixty (60) days after the
increase, must either cause the penal sum to be increased to
an amount at least equal to the current closure and
post-closure cost estimate and submit evidence of such
increase to the Department and local governing body having
jurisdiction or obtain other financial assurance as specified
in this section to cover the increase.
(H) Whenever the current closure and post-closure cost
estimate decreases, the penal sum may be reduced to the
amount of the current closure and post-closure cost estimate
following the submittal of sufficient justification to the
Department and local governing body having jurisdiction and
written approval by the Department.
(I) Under the terms of the bond, the surety may cancel the
bond by sending notice of cancellation by certified mail to
the owner or operator and to the Department and the governing
body having jurisdiction. Cancellation may not occur until
one hundred twenty (120) days after the notice of
cancellation has been received by both the owner or operator
and the Department, as evidenced by the return receipts.
(J) Under the terms of the bond, the surety may cancel the
bond by sending notice of cancellation by certified mail to
the owner or operator and to the Department and the governing
body having jurisdiction. Cancellation may not occur until
one hundred twenty (120) days after the notice of
cancellation has been received by both the owner or operator,
the Department, and the local governing body having
jurisdiction, as evidenced by the return receipts.
(K) The owner or operator may cancel the bond if the
Department after consultation with the governing body having
jurisdiction have given prior written consent.
JUNE 30, 1993
(EFFECTIVE DATE OCTOBER 9 , 1993)
42
1. 8 . 9 Insurance for closure and post-closure
(A) An owner or operator of a facility may satisfy the
requirements of this section by obtaining closure and
post-closure insurance which conforms to the requirements of
this paragraph and submitting a certificate of such insurance
to the Department and the governing body having jurisdiction
upon the effective date of these regulations. An owner or
operator of a new facility must submit the certificate of
insurance to the Department and the local governing body
having jurisdiction at least ninety (90) business days before
the date on which waste is first received. The insurance
must be effective before this initial receipt of waste. At
a minimum, the insurer must be licensed to transact the
business of insurance or be eligible to provide insurance as
an excess or surplus lines insurer, and comply with the Title
10 Insurance Code, C.R.S. , as amended. The insurance company
must be conducting business in Colorado and assure the policy
is subject to the laws and jurisdiction of the State of
Colorado.
(B) The wording of the certificate of insurance must be
identical to the wording specified in Appendix A.
(C) The closure and post-closure insurance policy must be
issued for a face amount at least equal to the current
closure and post-closure cost estimate. The term "face
amount" means the total amount the insurer is obligated to
pay under the policy. Actual payments by the insurer will
not change the face amount, although the insurer's future
liability will be lowered by the amount of the payments.
(D) The closure and post-closure insurance policy
(1) Must guarantee that funds will be available to close
and provide post-closure care of the facility whenever
final closure and post-closure occurs. The policy must
also guarantee that once final closure and post-closure
begins, the insurer will be responsible for paying out
funds, up to an amount equal to the face amount of the
policy, upon the direction of the Department, after
consultation with the local governing body having
jurisdiction to such party or parties as the Department
specifies.
(2) If the owner or operator wishes to pay for closure and
post-closure activities directly, without accessing the
insurance coverage, this may be done after receiving
written approval by the Department after consultation with
the local governing body having jurisdiction. All terms,
limits and other applicable information must accompany this
approval.
(E) Closure and post-closure care reimbursements.
(1) After beginning partial or final closure and
post-closure, an owner or operator or another person
JUNE 30, 1993
(EFFECTIVE DATE OCTOBER 9, 1993)
43
authorized to perform closure and/or post-closure may
request reimbursements for closure and/or post-closure
expenditures by submitting itemized receipts to the
Department. The owner or operator may request
reimbursements for partial closure only if the remaining
value of the policy is sufficient to cover maximum costs of
closing the facility over its remaining operating life.
Within sixty (60) days after receiving receipts for closure
activities, the Department will instruct the insurer to
make reimbursements in such amounts as the Department
specifies in writing if the Department after consultation
with the local governing body having jurisdiction
determines that the partial or final closure expenditures
are in accordance with the approved closure plan, or
otherwise justified. If the Department has reason to
believe that the maximum cost of closure over the remaining
life of the facility will be significantly greater than the
face amount of the policy, it may withhold reimbursements
of such amounts as it deems prudent until it determines,
that the owner or operator is no longer required to
maintain financial assurance for final closure of the
facility. If the Department does not instruct the insurer
to make such reimbursements, it will provide the owner or
operator with a detailed written statement of reasons.
(2) An owner or operator or any other person authorized to
conduct post-closure care may request reimbursements for
post-closure care expenditures by submitting itemized
receipts to the Department. Within sixty (60) days after
receiving receipts for post-closure care activities, the
Department will instruct the insurer to make reimbursements
in those amounts as the Department specifies in writing, if
the Department after consultation with the local governing
body having jurisdiction determines that the post-closure
care expenditures are in accordance with the approved
post-closure plan or otherwise justified. If the
Department does not instruct the insurer to make such
reimbursements, he will provide the owner or operator with
a detailed written statement of reasons.
(F) Where there is one insurance policy for both closure and
post-closure care, then there will not be any reimbursement
for closure costs if there are not sufficient funds to cover
both the remaining closure and post-closure care costs.
(G) The owner or operator must maintain the policy in full
force and effect until the Department in consultation with
the governing body having jurisdiction consents to
termination of the policy by the owner or operator as
specified in this section. Failure to pay the premium,
without substitution of alternate financial assurance as
specified in this section, will constitute a violation of
JUNE 30, 1993
(EFFECTIVE DATE OCTOBER 9, 1993)
44
these regulations, warranting such remedy as the Department
in consultation with the local governing body having
jurisdiction deems necessary. Such violation will be deemed
to begin upon receipt by the Department and the local
governing body having jurisdiction of a notice of future
cancellation, termination, or failure to renew due to
nonpayment of the premium, rather than upon the date of
expiration.
(H) Each policy must contain a provision allowing assignment
of the policy to a successor owner or operator. Such
assignment may be conditional upon consent of the insurer,
provided such consent is not unreasonably refused.
(I) The policy must provide that the insurer may not cancel,
terminate, or fail to renew the policy except for failure to
pay the premium. The automatic renewal of the policy must,
at a minimum, provide the insured with the option of renewal
at the face amount of the expiring policy. If there is a
failure to pay the premium, the insurer may elect to cancel
the policy by sending notice of cancellation by certified
mail to the owner or operator and the Department or governing
body having jurisdiction one hundred twenty (120) days in
advance of cancellation.
(J) If the insurer cancels the policy the owner or operator
must obtain financial assurance as determined in 1.8 . 4 .
Cancellation, termination, or failure to renew may not occur
and the policy will remain in full force and effect in the
event that on or before the date of expiration:
(1) The Department after consultation with the local
governing body having jurisdiction deems the facility
abandoned; or
(2) The certificate of designation is terminated or
revoked or a new permit is denied; or
(3) Closure is ordered by the Department or the local
governing body having jurisdiction or a State or other
court of competent jurisdiction; or
(4) The owner or operator is named as debtor in a
voluntary or involuntary proceeding under Title 11
(bankruptcy) , U. S. Code; or
(5) The premium due is paid.
(K) All premiums shall be paid annually and proof of payment
shall be supplied to the Department and to the governing body
having jurisdiction.
(L) Whenever the current closure and post-closure cost
estimate increases to an amount greater than the face amount
of the policy during the operating life of the facility, the
owner or operator, within sixty (60) days after the increase,
must either cause the face amount to be increased to an
amount at least equal to the current closure and post-closure
cost estimate and submit evidence of such increase to the
JUNE 30, 1993
(EFFECTIVE DATE OCTOBER 9, 1993)
45
Department and the local governing body having jurisdiction,
or obtain other financial assurance as specified in this
section to cover the increase. Whenever the current closure
and post-closure cost estimate decreases during the operating
life of the facility, the face amount may be reduced to the
amount of the current closure and post-closure cost estimate
following written approval by the Department after
consultation with the local governing body having
jurisdiction, providing that sufficient justification has
been submitted to the Department and the local governing body
having jurisdiction.
(M) Commencing on the date that liability to make payments
pursuant to the post-closure insurance policy accrues, the
insurer will thereafter annually increase the face amount of
the policy. Such increase must be equivalent to the face
amount of the policy, less any payments made, multiplied by
an amount equivalent to 85 percent of the most recent
investment rate or of the equivalent coupon-issue yield
announced by the U. S. Treasury for 26-week treasury
securities.
(N) The Department after consultation with the governing
body having jurisdiction will give written consent to the
owner or operator that he may terminate the insurance policy
when:
(1) An owner or operator substitutes alternate financial
assurance as specified in this section; or
(2) The Department after consultation with the local
governing body having jurisdiction releases the owner or
operator from the requirements of Section 1. 8 . 1 through
1.8 . 4; or
(3) All closure and post closure duties have been
completed.
1.8. 10 Use of multiple financial mechanisms
An owner or operator may satisfy the requirements of this
section by establishing more than one financial mechanism per
facility. The mechanisms must be as specified in 1. 8 . 4 , of
this section, except that it is the combination of
mechanisms, rather than the single mechanism, which must
provide full financial assurance for an amount at least equal
to the current closure and post-closure cost estimates. If
an owner or operator uses a trust fund in combination with a
surety bond or a letter of credit, he may use the trust fund
as the standby trust fund for the other mechanisms. A single
standby trust fund may be established for two or more
mechanisms. The amount of financial assurance for each
financial mechanism shall be stated on each agreement per
these regulations. When use of a financial mechanism for
closure and post-closure care of the facility becomes
JUNE 30, 1993
(EFFECTIVE DATE OCTOBER 9, 1993)
46
necessary, the Department after consultation with the local
governing body having jurisdiction may choose the order in
which to use the mechanisms or may choose to use all
concurrently.
1. 8 . 11 Use of a financial mechanism for multiple facilities
An owner or operator may use a financial assurance mechanism
specified in Section 1. 8 . 4 . to meet the requirements of more
than one facility; provided, however, that all solid waste
facilities are located in Colorado and the owner and operator
are the same.
All solid waste facilities under a multiple financial
instrument must be located in Colorado. The owner and
operator must be the same for all facilities unless special
approval of the Department after consultation with the
governing body having jurisdiction is first obtained.
Evidence of financial assurance submitted to the Department
and the local governing body having jurisdiction must include
a list showing, for each facility, the EPA identification
number, name, address, and the amount of funds for closure
assured by the mechanism. The amount of funds available
through the mechanism must be no less than the sum of funds
that would be available if a separate mechanisms have been
established and maintained for each facility. In directing
funds available through the mechanism for closure and
post-closure of any of the facilities covered by the
mechanism, the Department after consultation with the local
governing body having jurisdiction may direct only the amount
of funds designated for that facility, unless the owner or
operator agrees to the use of additional funds available
under the mechanism.
1. 8. 12 Release of the owner or operator from the requirement of
this section
After receiving certifications from the owner or operator and
an Colorado registered professional engineer that final
closure and post-closure has been completed in accordance
with the approved closure plan the Department shall verify
that the closure/post-closure meets the requirements as
established. The Department and the governing body having
jurisdiction will consult prior to the decision of the
Department that financial assurance is no longer required.
Notification shall be in writing.
If there is reason to believe that the closure/post-closure
activities have not been made in accordance with the approved
plan(s) , the Department shall provide the owner or operator
with a detailed written statement of any deficiencies.
JUNE 30, 1993
(EFFECTIVE DATE OCTOBER 9, 1993)
47
1. 8 . 13 No certificate of designation shall be effective unless and
until the required financial assurance mechanism has been
fully implemented as required by this Subsection 1.8.
Failure to properly maintain financial assurance as
required by this Subsection 1. 8 And the certificate of
designation may result in the suspension or revocation of
the certificate of designation.
1.9 INSPECTIONS AND ENFORCEMENT Inspections of solid waste
disposal sites and facilities
1. 9. 1 Solid waste disposal sites and facilities shall be
inspected by authorized representatives of the Department
to evaluate their compliance with the Act, these
regulations and the approved design and operations report
which is part of the certificate of designation.
Inspections can be made on consent or on a search
warrant. No prior notification is required for such
inspections.
1. 9 . 2 Sites and facilities which were
granted a certificate of designation before there was a
requirement for an engineering design and operations
report as part of an application for certificate of
designation, or which are exempt from certificate of
designation requirements under Section 1. 4 of these
regulations, may be inspected on a search warrant or on
consent to evaluate compliance with the Act and these
regulations, if no other Colorado law and regulations
apply, in accordance with these regulations. No prior
notification of said inspection shall be required.
1.9 . 3 If a site and facility is found at the time of inspection
not to comply with the Act and these regulations, or the
terms of the certificate of designation, the facility
operator and the governing body having jurisdiction shall
be notified of the violation by certified mail sent by
the Department.
1. 9 . 4 If, after the facility operator' s response, the
Department determines that some or all of the violations
did not occur, it shall inform the operator in writing.
If the Department determines that some or all of its
original determination is correct, it shall conduct a
follow-up compliance inspection or other review to
determine whether the violations have been corrected or
corrective measures have been implemented. If they have,
the Department shall inform the operator in writing.
JUNE 30, 1993
(EFFECTIVE DATE OCTOBER 9, 1993)
48
1. 9. 5 If the facility operator fails to respond to a notice of
violation from the Department within thirty (30) days,
said operator may become subject to statutory and other
remedies as appropriate including:
(A) Fines, imprisonment, or both, under C.R.S. 30-20-114
of the Act;
(B) Temporary suspension or revocation of the
certificate of designation, under C.R. S. 30-20-112 , of
the Act; or
(C) If a facility is deemed a public nuisance for
violation of the Act or these regulations, the violation
may be enjoined by a district court under Section C.R.S.
30-20-113 of the act and C.R.S. 16-13-301 et seq.
1. 9. 6 The local governing authority, at its option, may inspect
solid waste disposal sites and facilities for compliance
with these regulations and applicable local ordinances
and requirements per 30-20-113 (3) .
SECTION 2
MINIMUM STANDARDS
2 . 1 SITE AND FACILITY STANDARDS All solid waste disposal sites
and facilities shall comply with the following standards:
2 . 1. 1 Sites and facilities shall comply with the health laws,
standards, rules, and regulations of the Department, the
Water Quality Control Commission, the Air Quality Control
Commission, and all applicable local laws and ordinances.
2 . 1.2 (A) Sites and facilities shall not knowingly receive any
hazardous waste.
(B) Owners and operators of all solid waste disposal
sites and facilities shall implement a program at the
facility for detection and the prevention of the disposal
of polychlorinated biphenyl (PCB) wastes and hazardous
wastes. This program must include:
(1) Random inspections of incoming loads unless the owner
or operator takes other steps to ensure that incoming
loads do not contain such wastes;
(2) Records of any inspections;
(3) Training of facility personnel to recognize these
wastes; and
(4) Notification of the Department if these wastes are
discovered at the site and facility. Upon receipt of
such notification, the Department, after consultation
with the local governing body having jurisdiction, may
require that the ground water monitoring program of the
JUNE 30, 1993
(EFFECTIVE DATE OCTOBER 9, 1993)
49
site nd facility be altered to include adequate
monitoring for parameters that would detect the release
of the hazardous waste or wastes disposed of on site.
2 . 1. 3 Nuisance conditions shall not exist at or beyond the site
boundary. All reasonable measures shall be employed to
collect, properly contain, and dispose of scattered
litter including frequent policing of the area, and the
use of wind screens where necessary. The facility shall
be managed in such a manner that noise, dust and odors do
not constitute a hazard to human health. The facility
shall be managed in such a manner that the attraction,
breeding and emergence of birds, insects, rodents and
other vectors do not constitute a health hazard.
2 . 1.4 Water pollution shall not occur at or beyond the point of
compliance.
2 . 1. 5 No significant aquifer recharge areas, as may be
designated by the Colorado State Engineer' s office or the
Department' s Water Quality Control Commission, shall be
adversely impacted by solid waste disposal.
2 . 1. 6 Sites and facilities shall, design, construct, and
maintain: (a) A run-on control system to prevent flow
onto the active facility during the peak discharge from
a 25-year storm, and (b) A run-off control system to: (1)
collect the water volume resulting from a 24-hour storm
event and (2) control the water volume resulting from a
100-year storm event.
2 . 1.7 Sites and facilities shall be adequately fenced or
secured to prevent waste material and debris from leaving
the site. Waste material and debris shall not accumulate
along the fence line and shall be collected regularly and
placed into the fill.
2 . 1.8 Sites and facilities shall control public access, prevent
unauthorized vehicular traffic, provide for site security
both during and after hours, and prevent illegal dumping
of wastes. Effective artificial barriers, or natural
barriers, or both may be used in lieu of fencing.
2 . 1. 9 Solid wastes deposited at any site and facility shall not
be burned, other than by incineration in accordance with
a certificate of designation issued pursuant to C.R.S.
30-20-105 of the Act. The Department may authorize, in
extreme emergencies, the supervised burning of large
quantities of combustible materials, such as agricultural
JUNE 30, 1993
(EFFECTIVE DATE OCTOBER 9 , 1993)
50
wastes, silvicultural wastes, land clearing debris,
diseased trees, or debris from emergency cleanup
operations.
2 . 1. 10 Sites and facilities for final disposal shall provide
adequate cover as described in Section 3 . 3 . 5, prevent
ponding of water, wind erosion and water pollution. In
the operation of a site and facility, the solid wastes
shall be distributed in the smallest area consistent with
handling traffic to be unloaded. The solid wastes shall
be placed in the most dense volume practicable using
compaction or another method approved by the Department.
2 . 1. 11 Sites and facilities shall have a minimum of windblown
debris. The facility shall cease operations during
periods when high wind warnings as defined in Section 1. 2
are verified on-site. If the facility has no wind
velocity measuring device, closure decisions shall be
based on readings obtained hourly by the facility
operator from the nearest national weather service office
or other location approved by the Department with
concurrence from the local governing body having
jurisdiction.
2 . 1. 12 Landfills shall not accept raw sludges from wastewater
treatment plants, septic tank pumpings, or chemical
toilet wastes, without approval from the governing body
having jurisdiction and the Department.
2 . 1. 13 Sludges shall not be co-disposed with other solid wastes
at the working face of sanitary landfills without
approval from the governing body having jurisdiction and
the Department.
2 . 1. 14 No facility may accept for disposal, liquid wastes or
wastes containing free liquids without approval from the
governing body having jurisdiction and the Department.
2 . 1. 15 Solid waste disposal sites and facilities shall comply
with the ground water protection standards at the
relevant point of compliance as defined in Section 1. 2
and the owner/operator shall make a demonstration of
compliance.
2 . 1. 16 Sites and facilities where final disposal is performed
shall, upon being filled, be left in a condition of
orderliness and good aesthetic appearance and capable of
blending with the surrounding area.
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(EFFECTIVE DATE OCTOBER 9 , 1993)
51
2 . 1. 18 (A) If the owner or operator of a solid waste disposal
site and facility observes, or is made aware of a
condition or event which is likely to cause a release or
has caused a release of a substance containing a
parameter identified in the facility detection monitoring
program pursuant to Appendix B4 and that such condition
or event is likely to cause a statistically significant
increase over background, the owner or operator shall
notify the department and the local governing body having
jurisdiction in writing within ten (10) days.
(B) Notifications made under this subsection shall be
made part of the operating record of each solid waste
disposal site and facility.
(C) The procedure and timing for activities after the
initial notification per 2 . 1. 18 (A) shall follow Appendix
B4 (C) and Appendix B5. "
2 . 2 GROUND WATER MONITORING
2 . 2 . 1 A solid waste disposal site and facility which has not
received a specific waiver from ground water monitoring
requirements of these regulations as provided in Appendix
B or Section 1. 5, shall implement a ground water
monitoring program in conformance with Appendix B,
Sections B1 through B8 of these regulations. The
monitoring requirements shall be developed and
implemented at the solid waste disposal site and
facility. After consultation with the local governing
body having jurisdiction, the Department shall review and
may approve or deny the monitoring program developed as
a result of the requirements set forth in Appendix B.
Once approved, the owner or operator shall implement the
monitoring plan at the site.
(A) A ground water monitoring system shall be installed
in conformance with Appendix B, Section B2 .
(B) The ground water shall be sampled and analyzed in
conformance with Appendix B, Section B3 .
(C) A detection monitoring system shall be implemented in
conformance with Appendix B, Section B4 .
(D) If statistically significant increases over
background have been determined, in conformance with
Appendix B, Section 83, assessment monitoring shall be
implemented in conformance with Appendix B, Section B5.
(E) Statistically significant increases of Appendix 1 and
Appendix 2 constituents shall trigger an assessment of
interim measures and corrective measures in conformance
with Appendix B, Section B6.
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(EFFECTIVE DATE OCTOBER 9, 1993)
52
(F) Selection of remedy and implementation of the
corrective action program shall be implemented in
conformance with
Appendix B, Sections B7 and BS .
(G) The list of chemical constituents which shall form
the basis of monitoring and analyses during detection,
assessment and corrective action at solid waste disposal
sites and facilities other than MSWLFs will be determined
on a case-by-case basis depending on the wastes received
by the facility. To have an alternate list of chemical
constituents approved for a site and facility, the owner
or operator must demonstrate to the Department that the
utilization of the alternate list during detection,
assessment or corrective action will be as protective for
that specific site and the waste streams received as the
requirements specified for MSWLFs in these regulations.
2 . 3 EXPLOSIVE GASES The owners or operators of all solid waste
disposal sites and facilities which may generate explosive
gases shall monitor for explosive gases.
2 . 3 . 1 The concentration of explosive gases generated by the
facility for solid waste disposal shall not exceed:
(A) Twenty-five percent [25%] of the lower explosive
limit (LEL) (one percent [1%] by volume in air for
methane) within facility structures (excluding gas
control or recovery systems) ; and
(B) At the boundary, the lower explosive limit which is
five percent (5%) by volume in air for methane.
2 . 3 . 2 Owners or operators shall implement a routine monitoring
program for explosive gases. The type and frequency of
monitoring must be determined based on the following
factors:
(A) Soil conditions;
(B) The hydrogeologic conditions surrounding the
facility;
(C) The hydraulic conditions surrounding the facility;
and
(D) The location of facility structures and property
boundaries.
(E) The minimum frequency of monitoring shall be
quarterly.
2 . 3 . 3 If explosive gas levels are detected exceeding the limits
specified in Section 2 . 3 . 1, the owner or operator shall
notify the Department and the local governing body having
jurisdiction and:
JUNE 30, 1993
(EFFECTIVE DATE OCTOBER 9, 1993)
53
(A) Immediately take all necessary steps to ensure
protection of human health;
(B) Within seven (7) days of detection, place in the
operating record documentation of the explosive gas
levels detected and a description of the actions taken;
and
(C) Within sixty (60) days of detection, implement an
approved remediation plan, place an approved copy of the
plan in the operating record, and notify the Department
and the local governing body having jurisdiction that the
plan has been implemented. The plan shall describe the
nature and extent of the problem and the proposed remedy.
(D) The Department after consultation with the local
governing body having jurisdiction may establish
alternative schedules for demonstrating compliance with
Subsection 2 . 3 . 1 (A) and (B) of this section.
2 . 3 .4 All explosive gas monitoring points shall be installed in
accordance with applicable rules and regulations of the
"Water Well and Pump Installation Contractor's Act" ,
Title 37 , Article 91, Part 1, CRS as amended.
2 . 4 RECORDKEEPING
2 . 4. 1 All operating records shall be part of the engineering
design and operation report and shall be maintained at
the facility, unless otherwise approved by the
Department.
2 .4 .2 The owner or operator of a solid waste disposal site and
facility shall record and retain in an operating record
the following information as it becomes available:
(A) Location restriction demonstration required under
Subsection 3 . 1;
(B) Inspection records, and training procedures;
(C) Gas monitoring results from monitoring and any
remediation plans required by Section 2 . 3 ;
(E) Design documentation for controlling leachate or gas
condensate;
(F) Demonstrations, certifications, findings, data or
documents required by Subsection 2 . 2;
(G) Closure and post-closure care plans and any
monitoring, testing, or analytical data as required by
Subsection 2 . 5 And 2 . 6;
(H) Cost estimates and financial assurance documentation
required by Subsection 1. 8; and
(I) Information demonstrating compliance with waivers as
required by Section 1. 5.
JUNE 30, 1993
(EFFECTIVE DATE OCTOBER 9, 1993)
54
2 .4 . 3 The owner or operator must notify the Department and the
local governing body having jurisdiction when the
documents required by this section have been placed or
added to the operating record. All information contained
in the operating record must be furnished upon request or
be made available at all reasonable times for inspection
by the governing body having jurisdiction or the
Department.
2 . 5 CLOSURE OF SOLID WASTE DISPOSAL SITES AND FACILITIES
2 . 5. 1 Sites and facilities shall be closed in accordance with
the Act, and these regulations.
2 . 5. 2 No person shall close a solid waste disposal site and
facility without notifying the Department and the
governing body having jurisdiction in writing at least
sixty (60) days in advance of the closure date.
2 . 5. 3 The operator of a solid waste disposal site and facility
shall notify the general public at least sixty (60) days
in advance of the proposed closure date by placing signs
of suitable size at the entrance to the site and
facility.
2 . 5. 4 Precautions shall be taken to prevent further use of the
site and facility for unauthorized disposal.
2 . 5. 5 Water pollution shall not occur at or beyond the point of
compliance after closure.
2 . 5. 6 Nuisance conditions shall not exist at or beyond the site
boundary after closure (see also 2 . 1. 3) .
2 . 5. 7 Permanent surface water diversion structures remaining
after closure shall control run-on and run-off from the
100 year event.
2 . 5. 8 The owner or operator shall prepare a closure plan for
approval by the Department after consultation with the
local governing body having jurisdiction. The approved
plan shall be placed in the operating record.
2 . 5. 9 The owner or operator must begin closure activities of
each disposal phase no later than thirty (30) days after
final waste grades are reached. Extensions beyond the
thirty (30) day deadline for beginning closure may be
granted by the Department and the local governing
authority if the owner or operator demonstrates that all
JUNE 30, 1993
(EFFECTIVE DATE OCTOBER 9, 1993)
55
steps necessary to prevent threats to human health and
the environment from the active disposal phase will be
taken.
2 . 6 POST-CLOSURE CARE AND MAINTENANCE STANDARDS
2 . 6. 1 The owner or operator of all solid waste disposal sites
and facilities shall prepare a written post-closure plan
to be approved by the Department after consultation with
the local governing body having jurisdiction and shall
place it in the operating record.
2 . 6. 2 For MSWLFs, the post-closure care period shall be
established by the Department and the governing body
having jurisdiction per Section 3 . 6, shall be based on
the operating history of the site, and shall be at least
thirty (30) years. The post-closure care period for
solid waste disposal sites and facilities other than
MSWLFs will be established by the Department and the
governing body having jurisdiction.
PART B
SECTION 3
STANDARDS FOR SOLID WASTE DISPOSAL LANDFILL SITES AND FACILITIES
3 . 0 PURPOSE, SCOPE AND APPLICABILITY
3 . 0. 1 It is the purpose and intent of these regulations as they
apply to solid waste landfills (MSWLFs) to be equivalent to
but not more stringent than the 40 CFR Part 258 while
allowing the maximum flexibility of interpretation and
application based upon the characteristics of the chosen
site.
3 . 0.2 This Section 3 also applies to non-MSWLF sites and
facilities. On a case-by-case demonstration basis, the
application of these requirements to non-MSWLFs may be
altered provided that the alternative standard is as
protective of the environment and public health as the
requirement specified in these regulations.
3 . 1 LOCATION RESTRICTIONS AND SITE STANDARDS
3 . 1. 1 Landfills that accept putrescible wastes which occur within
10, 000 feet (3048 meters) of any airport runway used by
turbojet, or within 5, 000 feet (1, 523 meters) of any
airport runway used only by piston-type aircraft shall not
JUNE 30, 1993
(EFFECTIVE DATE OCTOBER 9, 1993)
56
pose a bird hazard to aircraft. The applicant shall submit
reasonable evidence regarding the ability to mitigate a
bird hazard, to the Department and the local governing
authority having jurisdiction for their review. Owners or
operators proposing to site new facilities or expand
existing facilities within a five (5) Mile radius of an
airport runway that is used by turbojet or piston-type
aircraft shall notify the Department and the local
governing body having jurisdiction and the Federal Aviation
Administration (FAA) .
3 . 1. 2 New landfills and expansions of existing landfills shall
not be located in wetlands, unless the owner or operator
can demonstrate that the proposed operation can meet the
restrictions set forth in 40 CFR 258 . 12 .
3 . 1. 3 New landfills and expansions of existing landfills shall
not be located within 200 feet (60 meters) of a fault that
has had a displacement in holocene time unless the owner or
operator demonstrates to the Department that an alternate
setback distance of less than 200 feet (60 meters) will be
effective or equally effective in the prevention of damage
to the structural integrity of the facility and will be
protective of human health and the environment.
3 . 1.4 New landfills and expansion of existing landfills shall not
be located in seismic impact zones, unless the owner or
operator demonstrates to the Department that all
components, including liners, leachate collection systems,
and surface water control systems, are designed to resist
the maximum horizontal acceleration in lithified earth
material for the site. The owner or operator shall place
the demonstration in the operating record of the facility
and submit it to the Department and local governing body
having jurisdiction.
3 . 1. 5 Owners or operators of new landfills, existing landfills
and expansions of existing landfills located in an unstable
area must demonstrate that engineering measures have been
incorporated into the facility' s design to ensure that the
integrity of the structural components of the facility will
not be disrupted. The owner or operator shall place the
demonstration in the operating record of the facility and
submitted to the Department and the local governing body
having jurisdiction. The owner or operator shall consider
the following factors, at a minimum, when determining
whether an area is unstable:
(A) On-site or local soil conditions that may result in
significant differential settling;
JUNE 30, 1993
(EFFECTIVE DATE OCTOBER 9 , 1993)
57
(B) On-site or local geologic or geomorphologic features;
and
(C) On-site or local human-made features or events (both
surface and subsurface) .
3 . 1. 6 The topography of the site shall maximize protection
against prevailing winds on-site and minimize the amount of
precipitation catchment area upgradient of the site.
3 . 1. 7 Landfills shall not be located in a floodplain as defined
herein.
3 . 1. 8 Landfills shall isolate wastes from the public and the
environment. Sites and facilities shall demonstrate
suitable isolation to the Department and governing body
having jurisdiction by, at a minimum, addressing all
Sections in 3 . 2 and CFR 258. 40 in sufficient detail and
clarity to justify to the Department and governing body
having jurisdiction that wastes and any potential leachate
will be controlled within the fill area. Emphasis will be
placed on favorable geologic conditions over engineered
improvements of marginal geological conditions.
3 . 1. 9 Landfills shall not place wastes below or into surface
water or ground water. The operation of sites and
facilities that place waste into ground water after the
effective date of these regulations is prohibited.
3 . 2 DESIGN REQUIREMENTS All portions of the facility design and
investigations must be reviewed and sealed by a Colorado
professional engineer or reviewed by a professional
geologist, as appropriate.
3 . 2 . 1 Geologic data The engineering design and operations report
shall include, as a minimum, the following geologic data:
(A) Types and regional thickness of unconsolidated soils
materials;
(B) Types and regional thickness of consolidated bedrock
materials;
(C) Regional and local geologic structure, including
bedrock strike and dip, and fracture patterns; and
(D) Geologic hazards, including but not limited to slope
stability, faulting, folding, rockfall, landslides,
subsidence or erosion potential, that may affect the design
and operation of the facility for solid wastes disposal.
3 . 2 . 2 Hydrologic data The engineering design and operations
report shall include, as a minimum, the following
hydrological data:
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58
(A) Lakes, rivers, streams, springs, or bogs, on-site or
within two miles of the site boundary;
(B) Depth to and thickness of perched zones and uppermost
aquifers;
(C) Ground water wells within one mile of the site
boundary, including well depth, depth to water, screened
intervals, yields and the aquifers tapped;
(D) Hydrologic properties of the perched zones and
uppermost aquifer, including flow directions, flow rates,
porosity, coefficient of storage, permeability, and
potentiometric surface;
(E) Site location in relation to the base floodplain of
nearby drainages;
(F) An evaluation of the potential for impacts to existing
surface water and ground water quality from the proposed
facility for solid waste disposal; and
(G) The existing quality of ground water beneath the
proposed facility.
3 . 2 . 3 Engineering data The engineering design and operations
report shall contain, as a minimum, the following
engineering data:
(1) The type, quantity and location of material that will
be required for use as a daily and intermediate cover over
the life of the site and facility;
(2) The type and quantity of material that will be required
for use as liner material or final cover, including its
compaction density and moisture content specifications, and
the design permeability;
(3) Maps and plans, drawn to a convenient common scale,
that show the following:
(a) The location and depth of cut for liners;
(b) The daily or intermediate cover, and final cover;
(c) The location and depths of proposed fill or
processing areas;
(d) The location, dimensions, and grades of all surface
water diversion structures;
(e) The location and dimensions of all surface water
containment structures, including those designed to
impound contaminated runoff leachate, sludge, or liquids
for evaporative treatment;
(f) The spatial distribution of engineering, geologic
and hydrologic data, and relationship to the proposed
facility;
(g) The location of all proposed facility structures and
access roads;
(h) The location of all proposed monitoring points for
surface water and ground water quality and explosive
gases;
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(i) The final contours and grades of the fill surface
after closure;
(j) The location of fencing to be placed on-site;
(k) The location of each discrete phase of development;
and
(1) The design details of the final cap, liner and
leachate collection system.
3 . 2 .4 Construction details for all proposed monitoring points
for surface water and ground water quality and explosive
gases.
3 . 2 . 5 Liner/design components
(A) Demonstration shall be made, to the Department and the
local governing body having jurisdiction, that the design
developed for the facility will comply with Section 2 . 1. 15 at
the relevant point of compliance. The owner/operator shall
consider at least the following factors:
(1) Barrier layer permeability;
(2) Barrier layer thickness;
(3) Barrier layer porosity;
(4) Slope of the barrier layer;
(5) Hydraulic head on the barrier layer;
(6) Distance to relevant point of compliance;
(7) Distance and characteristics, including quality, of the
uppermost aquifer or monitored unit;
(8) Climatic factors;
(9) The estimated volume, physical characteristics and
chemical characteristics of the leachate, and
(10) The chemical compatibility of the barrier layer to
estimated leachate chemical characteristics;
(11) The distance ground water beneath the site would flow
during the facility' s operating life and post-closure care
period. Distance to domestic wells or springs shown to tap
the uppermost aquifer downgradient of the site shall be
presented.
(B) The design shall consist of two components: the barrier
layer and the leachate collection/removal system. When
approving a design that complies this section, the Department
shall consider the ability of the design to comply with
Subsection 2 . 1. 15 at the relevant point of compliance taking
into consideration site characteristics and site operations.
(C) Barrier layer the barrier layer shall be an engineered
improvement that meets the performance standard of 40 CFR Part
258. 40 (a) (1) and shall be one of the following:
(1) Natural lithology with recompaction
natural lithology with recompaction can be used as a barrier
layer when:
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(a) A minimum thickness of 20 feet of soils and/or bedrock
with in-situ hydraulic conductivity demonstrated through
field testing to be less than or equal to 1. 0 * 10-6
cm/sec, are present at the base of an excavation of a
sanitary landfill; and
(b) The upper 12-inches is recompacted to achieve a
hydraulic conductivity of less than or equal to 1 * 10-7
cm/sec.
(2) Soil liner a soil liner shall consist of at least 3-foot
of compacted soil with an adequate moisture content and with
a hydraulic conductivity less than or equal to 1 * 10-7
cm/sec.
(3) Composite liner a composite liner shall consist of two
components: The upper component shall consist of a minimum
30-mil flexible membrane line (FML) , and the lower component
shall consist of at least a two-foot layer of compacted soil
with a hydraulic conductivity less than or equal to 1 * 10-7
cm/sec. FML components consisting of high density
polyethylene (HDPE) shall be at least 60-mil thick. The FML
component shall be installed in direct and uniform contact
with the compacted soil component.
(4) Alternative designs alternatives to the above designs may
be approved by the Department based on waste type and site
specific technical information. Proposals for alternative
designs shall demonstrate that the facility can comply with
Subsection 2 . 1. 15 at the relevant point of compliance and for
MSWLF with 40 CFR Part 258 . 40(a) (1) . A alternative designs
include, but are not limited to the following:
(1) Geosynthetic clay liners;
(2) Natural lithology without recompaction;
(3) Soil admixtures;
(4) Geomembranes;
(5) Polymers, and
(6) Variations of design components described in this
Section 3 .2 . 5.
(D) Leachate collection and leachate removal system
(1) A leachate collection system shall be designed and
constructed to maintain less than a twelve (12) inch depth of
leachate over the barrier layer, and to promote transport of
leachate from the most distant point of the leachate
collection system to the leachate removal system in less than
twelve (12) months (assuming a saturated drainage media) .
Factors to be considered in the design of a leachate
collection system include, but are not limited to, the
following:
(a) Waste type;
(b) Anticipated leachate generation rate;
(c) Slope length;
(d) Percent slope;
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(e) Barrier layer;
(f) Hydraulic conductivity of the drainage layer, and
(g) Long term performance during the active life and
post-closure care period.
(2) A leachate removal system shall be designed, constructed
and operated to:
(I) Allow the leachate collection system to perform as
designed; and
(II) Account for potential increased hydraulic head in the
removal system.
3 . 2 . 6 Surface water control systems shall be designed,
constructed and maintained to:
(a) Restrict flow onto the active portion of the landfill
during peak discharge from a 25-year storm; and
(b) Control the water volume resulting from a 24-hour, 25-
year storm from the active portion of the landfill.
3 . 2 . 7 Prior to the acceptance of waste, the owner or operator
must submit a report to the Department and the local
governing body having jurisdiction documenting that the
designed construction has been completed in accordance with
the approved plan. The report shall be signed by a
Colorado registered professional engineer, approved by the
Department and placed in the operating record.
3 . 3 OPERATING CRITERIA
3 . 3 . 1 General data The engineering design and operations report
shall include, as a minimum, the following general data:
(A) Mailing address, county and legal description of the
landfill for solid wastes disposal, township, section,
quarter section and range;
(B) Area site, in acres;
(C) Type of landfill for solid waste disposal proposed for
the site; and
(D) Discussion of landfills service area, including
transportation corridors and surrounding access.
3 . 3 .2 Operational data The engineering design and operations
report shall include, as a minimum, the following
operational data:
(A) The qualifications, names, and addresses of the persons
operating the landfill and having the authority to take
corrective action in the event of noncompliance;
(B) The hours of the day and days of the week that the
landfill will be operating;
(C) The types and daily volumes in yards per day and/or
gallons per month of wastes to be received; expected life
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62
of site. If sludge is to be received, its quality should
be determined in accordance with Department technical
guidelines. A listing of the waste stream types to be
approved for routine receipt;
(D) The number, classification, and job descriptions of
personnel projected to be employed at the landfill when
operating at full capacity;
(E) Number, description, and uses of all equipment
projected to be employed at the landfill when operating at
full capacity;
(F) The size and types of disposal cells or processing
areas to be constructed;
(G) The frequency of the application of adequate cover;
(H) The types and heights of fencing to be placed on-site;
(I) Provisions to minimize nuisance conditions on-site;
(J) Provisions for fire protection to eliminate open
burning on-site, and to prevent the spread of open burning
to adjoining property;
(K) Provisions for the retrieval of windblown solid wastes,
on or off-site;
(L) Conceptual plans to be implemented if the contamination
of surface waters or ground waters occur, or if nuisance
conditions are confirmed beyond the site boundary; and
(M) The amounts and sources of water to be used on site for
the control of nuisance conditions, fire protection,
construction purposes and personnel use.
3 . 3 . 3 Quality assurance and quality control reports shall be
developed and implemented for all engineered structures at
the landfill.
3 . 3 . 4 Cover material requirements
(A) The owners or operators of all landfills must cover
disposed solid waste with six (6) inches of earthen
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.
(B) Alternative materials of an alternative thickness
(other than at least six (6) inches of earthen material)
may be approved by the Department and the governing body
having jurisdiction, if the owner or operator demonstrates
that the alternative material and thickness control
nuisance conditions and scavenging without presenting a
threat to human health and the environment.
(C) The Department and the governing body having
jurisdiction may grant a temporary waiver from the
requirement of daily and intermediate cover requirements,
if the owner or operator demonstrates that there are
extreme seasonal climatic conditions that make meeting such
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63
requirements impractical. Alternate approaches to daily
cover as described above will be considered on a case-by-
case basis for non-MSWLF's.
3 . 3 . 5 Sufficient amounts of adequate cover shall be readily
available for use throughout the site 's life and for
closure to minimize nuisance conditions as necessary.
3 . 3 . 6 Adequate amounts of water shall be available for
construction purposes and to minimize nuisance conditions,
as necessary.
3 . 3 . 7 Leachate and landfill gas condensate may be recirculated
over the landfill with specific approval by the Department
and the local governing authority.
3 .4 RECORDKEEPING An operating record shall be maintained and
include, as a minimum, the following:
(A) Incoming waste volumes,
(B) Water quality monitoring results,
(C) Explosive gas monitoring results,
(D) Construction as-built details, and
(E) Variations from approved operations procedures.
(F) Any demonstration and waiver documentation required in
these regulations.
3 . 4 . 1 Following closure of landfills, the owner or operator
shall:
(A) Record a notation on the deed to the facility property,
or some other instrument that is normally examined during
title search; and
(B) Notify the Department and the local governing body having
jurisdiction that notation has been recorded and a copy has
been placed in the operating record.
The notation on the deed must in perpetuity notify any
potential purchaser of the property that:
(1) The land has been used as a landfill facility; and
(2) Its use is restricted under Section 3 . 6. 1 (7)
The Department after consultation with the local governing
body having jurisdiction may grant permission to remove the
notation from the deed if all wastes are removed from the
facility.
3 . 5 CLOSURE The owner or operator of a solid waste site and
facility shall develop a closure plan which meets the
following minimum criteria.
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64
3 . 5. 1 (A) The closure plan shall be prepared and submitted to
the Department for approval. The closure plan shall
describe the steps necessary to close the landfill at any
point during its active life. The closure plan, at a
minimum, shall include the following information:
(1) A description of the final cover system, designed in
accordance with Section 3 . 5.2 and 3 . 5. 3 , And the methods
and procedures to be used to install the cover;
(2) An estimate of the largest area of the landfill ever
requiring a final cover during the active life; and
(3) A schedule for completing all activities necessary
to satisfy the closure criteria of this section.
(B) Discrete units of a landfill may be closed
independently of closure of the entire facility.
3 .5. 2 The final grades shall promote surface water run-off and
minimize erosion, and shall have slopes no less than 5%
(20: 1) and no greater than 25% (4: 1) . Variations from
these standards may be acceptable if demonstrations of the
adequacy of proposed variance are made to the Department by
the owner or operator.
3 . 5. 3 The final cover permeability shall not exceed that of the
liner; and the final cover design shall be comprised of one
(1) of the following types:
(A) A soil final cover design shall consist of the
following:
(1) An infiltration layer consisting of a minimum of 18
inches of earthen material that has a permeability of
less than or equal to the permeability of any bottom
liner system or natural subsoils present, or a
permeability no greater than 1 x 10-5 cm/sec, whichever
is less, and
(2) An erosion layer of earthen material a minimum of 6
inches in thickness that is capable of sustaining native
plant growth.
(B) A composite final cover design shall consist of the
following components:
(1) foundation layer to be comprised of a minimum six (6)
inch soil layer, located immediately above the refuse ,
to provide a suitable foundation for placement of the
geomembrane.
(2) The barrier layer shall consist of a geomembrane
which has a minimum 30-mil thickness and displays
properties adequate for its intended purpose.
Factors to be considered in determining barrier adequacy
shall include, but are not limited to the following:
(1) The effects of landfill settlement,
(2) Permeability,
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65
(3) Seam strength,
(4) Friction properties, and
(5) Puncture resistance.
(6) Rooting layer comprised of a soil capable of
supporting a root system and of sufficient thickness to
protect the barrier layer and a seed bed layer of soil
capable of supporting plant germination. The minimum
thickness of the former layer shall be eighteen inches
and the latter layer shall be six inches.
(C) Alternatives to the above designs may be approved by
the Department based on waste type and site specific
technical information. Proposals for alternative designs
shall demonstrate that the final cover system will minimize
infiltration and erosion, and comply with Subsection 2 . 1. 15
at the relevant point of compliance. Alternative designs
include, but are not limited to the following:
(1) Geocomposite materials,
(2) Soil admixtures,
(3) Polymers and
(4) Variations of design components described in this
Section 3 . 5. 3 .
3 . 5. 4 The final cover shall be designed so that landfill gases
will not adversely affect cover performance as described
in this Section 3 . 5.
3 . 5. 5 Upon approval, and prior to beginning closure of each
landfill phase, an owner or operator must notify the
Department and place notice of the intent to close the
phase in the operating record.
3 . 5. 6 The owner or operator must commence closure activities of
each landfill phase no later than 30 days after final
refuse grades are reached. Extensions beyond the 30-day
deadline for beginning closure may be granted by the
Department if the owner or operator demonstrates that all
steps necessary to prevent threats to human health and
the environment from the active landfill phase will be
taken.
3 . 5. 7 The owner or operator must complete closure activities of
each landfill phase, in accordance with the closure plan,
within one hundred eighty (180) days following the
beginning of closure as specified in this section.
Extensions of the closure period may be granted by the
Department if the owner or operator demonstrates that
closure will of necessity, take longer than one hundred
eighty (180) days and the owner/operator has taken and
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66
will continue to take all steps to prevent threats to
human health and the environment.
3 . 5. 8 Following closure of each landfill phase, the owner or
operator must submit a report to the Department
documenting that closure has been completed in accordance
with the approved closure plan. The report, which must
be signed by a Colorado registered professional engineer,
shall be approved by the Department and placed in the
operating record.
3 . 6 POST-CLOSURE CARE AND MAINTENANCE
3 . 6. 1 (A) Following closure of each landfill or landfill phase,
the owner or operator must conduct post-closure care which
shall consist of at least the following:
(1) Provisions to prevent nuisance conditions;
(2) Maintaining the integrity and effectiveness of the
final cover, including making repairs to the cover as
necessary to correct the effects of settlement, subsidence,
erosion, or other events, and preventing run-on and run-off
from eroding or otherwise damaging the final cover;
(3) Monitoring the ground water in accordance with the
requirements of Subsection 2 . 2 And maintaining the ground
water monitoring system, if applicable;
(4) Maintaining and operating the leachate collection
system in accordance with the requirements in Section 3 .2 . 5
(C) . The Department may allow the owner or operator to stop
managing leachate if the owner or operator demonstrates
that leachate no longer poses a threat to human health and
the environment;
(5) Maintaining and operating the gas monitoring system in
accordance with the requirements Subsection 2 . 3 .
(6) Name, address, and telephone number of the person or
office to contact about the facility during the
post-closure period; and
(7) A description of the planned uses of the property
during the post-closure period. Post-closure use of the
property shall not disturb the integrity of the final
cover, liner(s) , or any other components of the containment
system, or the function of the monitoring systems unless
necessary to comply with the requirements in the
Department' s regulations. The Department may approve any
other disturbance if the owner or operator demonstrates
that disturbance of the final cover, liner or other
component of the containment system, including any removal
of waste, will not increase the potential threat to human
health or the environment.
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3 . 6. 1 (B) Discrete landfill units that can be monitored and
maintained separately may be allowed to begin and end the
post-closure period independent of closure of the entire
facility.
3 . 6. 2 Following completion of the post-closure care period the
owner or operator must notify the Department that a
certification signed by an independent Colorado registered
professional engineer or approved by the Department and the
local governing body having jurisdiction, verifying that
post-closure care has been completed in accordance with the
post-closure plan, has been placed in the operating record.
3 . 6. 3 Post-closure care must be conducted for a minimum of thirty
(30) years.
The length of the post-closure care period may be:
(A) Decreased by the Department after consultation with the
local governing body having jurisdiction if the owner or
operator demonstrates that the reduced period is sufficient
to protect human health and the environment; or
(B) Increased by the Department after consultation with the
local governing body having jurisdiction if it is
determined that the lengthened period is necessary to
protect human health and the environment.
SECTION 4
CONSTRUCTION DEBRIS AND INERT MATERIAL LANDFILL SITES AND
FACILITIES [RESERVED]
SECTION 5
ASBESTOS WASTE DISPOSAL SITES
5. 1 GENERAL PROVISIONS The following general provisions apply to
all asbestos waste disposal areas.
5. 1. 1 (A) Any person who disposes of asbestos waste, receives
asbestos waste for disposal or permits asbestos waste to be
disposed of on any facility or property which he operates
or possesses, shall do so in compliance with the
requirements of Sections 1. 1 through 1.9, 2, 3 , and 5 of
these regulations.
(B) If a conflict exists between the requirements of
Sections 1. 1 through 1.9, 2, and 3 and those of this
Section 5, the requirements of Section 5 shall control.
5. 1.2 Each asbestos waste disposal area shall comply with
Colorado health laws and with the standards, rules and
JUNE 30, 1993
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68
regulations of the Department, the Water Quality Control
Commission, and with all applicable local zoning laws and
ordinances.
5. 1. 3 No asbestos waste disposal area or activity conducted
thereon shall cause or contribute to the occurrence of any
visible emission.
5.2 NON-FRIABLE ASBESTOS WASTE DISPOSAL AREAS The following
standards shall apply to each asbestos waste disposal area
which receives only non-friable asbestos waste.
5. 2 . 1 Immediately following receipt of non-friable asbestos waste
and any storage thereof in accord with Section 5.4 of these
regulations, the waste shall be covered with a minimum of
six inches (6") of non-asbestos material prior to
compaction. All other requirements of Sections 1. 1 through
1.9 and 2 . 0 and 3 . 0 of these regulations regarding
placement of "adequate cover" shall also apply to the
disposal of non-friable asbestos waste.
5.2 . 2 Disposal including placement, compaction and handling of
non-friable asbestos wastes shall be accomplished in a
manner which minimizes any increase in the friability of
the waste especially of its exposed edges.
5. 3 FRIABLE ASBESTOS WASTE AREAS The following standards shall
apply to each asbestos waste area which has received or will
receive for disposal any friable asbestos waste.
5. 3 . 1 (A) The operator of a solid wastes disposal site and
facility authorized to operate by a certificate of
designation issued on or after May 2 , 1988, shall not
dispose of friable asbestos waste, receive friable asbestos
waste for disposal, or permit friable asbestos waste to be
disposed of, unless expressly authorized to do so by the
certificate of designation.
(B) The operator of a solid wastes disposal site and
facility authorized to operate by a certificate of
designation issued before May 2 , 1988, no portion of which
has included an asbestos waste disposal area prior to that
date, shall not dispose of friable asbestos waste, receive
friable asbestos waste for disposal, or permit friable
asbestos waste to be disposed of, unless expressly
authorized to do so by an amendment to the certificate of
designation.
(C) The operator of a solid wastes disposal site and
facility authorized to operate by a certificate of
designation issued before May 2 , 1988, at which friable
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69
asbestos waste has been disposed of in an existing asbestos
waste disposal area prior to that date, shall not dispose
of friable asbestos waste, receive friable asbestos waste
for disposal, or permit friable asbestos waste to be
disposed of, after September 30, 1988, unless authorized in
writing to do so by the Department. The operator shall
apply for such authorization by July 1, 1988 .
(D) A certificate of designation, amended certificate of
designation or statement of Department approval required by
this section shall be issued only if the applicant therefor
has submitted an engineering design and an operation report
demonstrating that the design, operation and closure of the
asbestos waste disposal area comply with the requirements
of Sections 1. 1 through 1. 9, 5 and 8 of these regulations.
5. 3 . 2 (A) The operator of any asbestos waste disposal area
required by Section 5. 3 . 1 (C) of these regulations to cease
disposal of friable asbestos waste after September 30,
1988 , shall submit:
(1) To the Department, a written report demonstrating in
specific detail that all asbestos waste has been
adequately covered and will not be disturbed; and
(2) To the county board of commissioners for the county
where the asbestos waste disposal area is located, all
available documents and information regarding the
locations where asbestos waste has been disposed of, the
quantity of asbestos waste disposed of at each location,
and the depth at which the asbestos waste is interred.
(B) The submissions required by this section shall be made
no later than:
(1) August 1, 1988 , by any operator who has failed to
apply by July 1, 1988, for Department approval in accord
with Section 5. 3 . 1 (C) ;
(2) November 1, 1988, by the operator of any other
existing asbestos waste disposal area subject to the
requirements of Section 5. 3 . 1 (C) .
5. 3 . 3 No friable asbestos wastes shall be disposed of within
twenty-five feet (25 ' ) of the property line of a solid
wastes disposal site and facility.
5. 3 . 4 All activities involved in the disposal of friable asbestos
waste, including placement in the trench, covering the
asbestos waste, and compacting the fill shall be conducted
in a manner that prevents the rupture or opening of any
bags, wrappers or any other containers holding the friable
asbestos waste and that prevents the emission of asbestos
to the air.
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5. 3 . 5 Warning signs and fencing shall be installed and maintained
at the perimeter of each asbestos waste disposal area where
friable asbestos waste is disposed of in accord with the
following minimum requirements.
(A) A fence shall be placed around the entire area where
there has been or will be disposal of friable asbestos
waste to assure the restriction of activities in that area
and to preclude the entry of unauthorized and unprotected
personnel.
(B) Warning signs shall be displayed as follows: one at
each entrance to the asbestos waste disposal area; and one
or more on each side of the fenced area based on the length
of the side, at a rate of one for every three hundred
linear feet (300 ' ) of fence.
(C) Warning signs shall be posted in such a manner and in
such locations that the legend can be easily read.
(D) Each warning sign shall be an upright rectangle with
minimum measurements of twenty inches by fourteen inches
(20"x14") .
(E) Each warning sign shall display the legend set out
below. The letter sizes and styles used in the legend
shall be as specified below or of a visibility at least
equal to those specified below.
Legend Notation
Asbestos Waste Disposal Site 1 inch , Sans Serif
or Gothic or Block
Do Not Create Dust 0 75 inch, Sans Serif
or Gothic or Block
Breathing Asbestos Is 14 point, Gothic
Hazardous to Your Health
(F) Spacing between any two lines in the legend of the
warning signs must be at least equal to the height of the
upper of the two lines.
5 . 3 . 6 (A) No friable asbestos waste shall be accepted for
disposal unless prepared and received, tightly sealed, in
at least two 6 mil, leak-tight plastic bags or in a
wrapping or other container deemed equivalent by the
Department.
(B) The outermost layer of any containers holding friable
asbestos waste shall be labeled with either of the
following in type at least . 5 Inch tall:
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71
(1) "CAUTION
Contains Asbestos
Avoid Opening Or Breaking Container
Breathing Asbestos Is Hazardous
To Your Health"
(2) DANGER
CONTAINS ASBESTOS FIBERS
AVOID CREATING DUST
CANCER AND LUNG DISEASE HAZARD
5. 3 . 7 (A) Following receipt of friable asbestos waste and any
storage thereof in accord with Section 5.4 of these
regulations, the friable asbestos waste shall be covered
with a minimum of six inches (6 ' ) of non-asbestos material.
(B) In addition to the requirement established in this
section above, the requirements regarding adequate cover as
defined in Section 1. 2 of these regulations shall also
apply.
5. 3 . 8 (A) Structurally rigid containers which hold friable
asbestos wastes shall not be compacted after they are
placed in the disposal trench and shall be covered as
specified in Section 5. 3 .7 within seventy-two (72) hours of
receipt or termination of storage.
(B) Friable asbestos waste which is received sealed in any
container other than a structurally rigid container shall
be covered prior to compaction as specified in Section
5. 3 . 7 within twenty-four (24) hours of receipt or
termination of storage.
5. 3 . 9 (A) Any friable asbestos waste, received in packaging
other than a structurally rigid container, shall be
received and disposed of only if:
(1) The trench or trenches needed for the disposal of
such friable asbestos waste are prepared prior to the
arrival of such waste at the asbestos waste disposal
area;
(2) An adequate amount of non-asbestos waste or other
cover material and the equipment needed to cover the
asbestos waste upon its placement in the trench are
prepared and waiting near the trench when the asbestos
waste material is received for disposal;
(3) All unrelated landfill activities within one hundred
(100) yards of such trench or trenches are stopped during
the placement, covering, and compaction of the asbestos
waste;
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72
(4) No non-essential persons are allowed within one
hundred (100) yards of such trench or trenches during the
placement, covering, and compaction of the asbestos
waste;
•
(5) Sustained wind speeds at the asbestos waste disposal
area do not exceed twenty miles per hour (20 mph) or
gusts exceed thirty miles per hour (30 mph) ;
(6) A source of water is provided near the trench to
facilitate wetting the asbestos wastes if any container
is breeched during placement of asbestos waste in the
prepared trench or trenches.
(B) Any friable asbestos waste received in packaging other
than structurally rigid containers shall be disposed of by
placement in a trench that is at least one hundred feet
(100 ft. ) from any area being used concurrently for the
disposal of other waste.
5. 3 . 10 If within a period of thirty (30) days or less, an
asbestos waste disposal area receives two hundred and
fifty cubic yards (250 yd3) of friable asbestos waste
for disposal, thereafter:
(1) No additional friable asbestos waste shall be
received unless it is inherently structurally rigid or
is packaged in structurally rigid containers;
(2) All friable asbestos waste received at said area
shall be disposed of in a location separated from any
other location used for activities other than those
related to asbestos waste disposal.
5. 3 . 11 The operator of an asbestos waste disposal area where
friable asbestos waste has been disposed of shall:
(A) Maintain, as a part of the solid waste disposal
site, operating records required under Section 2 . 4 of
these regulations, permanent records of the date and
amount of each receipt of asbestos waste, the location
of each asbestos waste disposal area within the
boundaries of the solid wastes disposal site and
facility and the quantity of asbestos waste at each
such location. These records shall be of sufficient
specificity to identify the exact location and depth of
the interred asbestos waste.
(B) Assure that records made to comply with this
section are readily available at all times and are made
available to the county board of commissioners or to
the Department upon request.
(C) Such records shall be submitted to the board of
county commissioners within thirty (30) days after the
closure of the asbestos waste disposal area has been
completed.
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73
5. 4 STORAGE OF ASBESTOS WASTE Storage of asbestos waste at an
asbestos waste disposal area, prior to burial, shall be
conducted in accord with the following requirements.
5.4 . 1 Asbestos waste shall be stored only in a segregated
location used solely for the purpose of such storage where
asbestos waste packages can be handled, stored and
maintained without being opened or disturbed.
5.4 .2 Asbestos waste shall be stored at an asbestos waste
disposal area for no more than twenty (20) calendar days
prior to burial.
5.4 . 3 A warning sign shall be posted on each side of an area
where asbestos waste is stored prior to burial. Such signs
shall conform with Section 5. 3 . 5 (C) , (D) and (F) . The
legend on each such sign shall conform with the
requirements of 5. 3 . 5 (E) except that the first line shall
read "Asbestos Waste Storage" .
SECTION 6
INCINERATOR ASH DISPOSAL SITES AND FACILITIES
6. 1 GENERAL REQUIREMENTS FOR MANAGEMENT OF SOLID WASTE
INCINERATOR ASH
6. 1. 1 In addition to applicable requirements in the preceding
sections of these regulations, this Section 6 shall apply
to the management and disposal of solid waste incinerator
ash.
6. 1. 2 Solid waste incinerator ash must either be beneficially
used or reused, as defined in paragraph 6. 1. 3 , or finally
disposed in accordance with paragraphs 6. 1. 4 through
6. 2 . 10.
6. 1. 3 Beneficial use or reuse of solid waste incinerator ash
must receive approval from both the Colorado Department
of Health and the county. In order to constitute
beneficial use the applicant must demonstrate:
(A) That the waste material can meet the same
specifications as alternative non-waste materials; and
(B) That the beneficially used waste materials will not
release contaminants into the environment.
6. 1.4 Solid waste incinerator ash must be disposed of only at
approved or designated solid waste disposal sites and
facilities. Sites not approved to take solid waste
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74
incinerator ash on a continuous basis must receive
approval from the Department and the local governing body
having jurisdiction. A substantial change in operations
may be required prior to accepting the residual ash for
disposal at the facility.
6. 1. 5 All solid waste combustion ash and associated waste water
and fugitive dust handling and disposal shall comply with
all applicable laws and regulations, and with all
applicable local zoning laws and ordinances.
6. 1. 6 Residual ash shall be dewatered to remove any free
liquids prior to shipment to a disposal site. The ash
residue must be wet enough so the surface of the ash
remains damp after unloading at a landfill until soil
cover material can be applied.
6. 1. 7 Transportation of ash shall occur in equipment designed
and utilized to prevent leakage, spillage or dispersion
of the material during transportation.
6. 1. 8 The ash must be covered daily or less frequently as
approved by the Department considering factors such as
the type of ash, the climate and hydrogeology of the site
and size of the active area. In any regard, the ash must
be covered at intervals sufficient to prevent
infiltration of precipitation and fugitive dust problems
from the ash.
6. 2 MUNICIPAL SOLID WASTE INCINERATOR ASH DISPOSAL STANDARDS
6. 2 . 1 These regulations apply to the management and disposal of
municipal solid waste incinerator ash, except as provided
for in 6. 2 . 2 for facilities in operation prior to
adoption of these regulations.
6. 2 . 2 Those sites and facilities in operation prior to adoption
of these regulations, must comply with Sections 6. 1 of
these regulations and may be required to come into
compliance with all other regulations in this section
applicable to the management and disposal of municipal
solid waste incinerator ash upon a determination by the
Department that such sites and facilities may be causing
impact of existing or future uses of surface or ground
water.
6. 2 . 3 Municipal solid waste incinerator ash must be disposed of
in lined monofills having leachate detection and
collection systems. The Department may waive the
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75
requirement of monofilling on a case-by-case basis if,
after taking into consideration factors such as ash
volume, physical and chemical characteristics of the ash
including toxicity, leaching potential and site
characteristics, the operator can demonstrate that co-
disposal with solid waste would provide the degree of
environmental protection equal to that provided by
monofilling.
6.2 . 4 Plans and specifications for the liner and leachate
collection system shall be included in the facility
engineering report. The liner and leachate collection
system must meet the following minimum standards:
6. 2 . 5 The liner shall be constructed on a foundation or base
capable of providing support to the liner and resistance
to pressure gradients above and below the liner to
prevent failure due to settlement, compression or uplift.
6. 2 . 6 The liner shall consist of a minimum of 2 feet compacted
clay below the leachate collection system, with 10-7
cm/sec permeability or an equivalent liner which includes
a synthetic material. The liner must be installed using
quality control measures specified in the facility
engineering report to ensure attainment of the design
permeability and to prevent damage to the liner during
construction and during the active life of the landfill.
6. 2 .7 The system for the collection of leachate shall conform
to the following standards:
(A) Protective cover shall be provided which allows for
the flow of any leachate generated by the ash to the
collection layer; and prevents damage to the liner
system.
(B) The collection system shall be designed to ensure
that liquids and leachate will drain continuously from
the protective cover to the collection sump or point
without ponding or accumulating on the liner and shall
have adequate provisions for maintenance and cleaning.
(C) The leachate collection and removal system must be
constructed of materials that are: (1) chemically
resistant to the leachate which is expected to be
generated and (2) of sufficient strength and thickness to
prevent collapse under the pressures exerted by the
overlying ash, cover materials, and by equipment used at
the landfill.
6. 2 .8 At least two (2) feet of compacted clay of l0-7 cm/sec
permeability and one foot of soil cover must be placed
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over the disposal site at closure. Final grades and
cover design shall ensure proper drainage to prevent
infiltration of water and provide stabilization to
control erosion and maintain the integrity of the cap at
closure.
6. 2 . 9 A plan for monitoring of leachate in the collection
system and procedures for handling, treatment and
disposal must be contained in the facility operations
report.
6. 2 . 10 Monitoring of the leachate detection and collection
system and groundwater monitoring shall continue through
post closure for a minimum of twenty (20) years.
SECTION 7
REGULATIONS FOR TRANSFER STATIONS
7 . 1 PURPOSE, SCOPE AND APPLICABILITY:
(A) The purpose of this section is to establish minimum health
and safety standards for the operation of transfer stations.
The criteria apply to all transfer stations at which refuse
generated off-site awaits transportation to approved solid
waste disposal sites and facilities. At such sites, refuse may
be transferred from one type of containerized collection
receptacle, is processed by shredding, baling, or compaction,
and then placed into another receptacle. Other waste
management and disposal activities conducted at the site of the
transfer station may require regulation by the Department and
a certificate of designation from the local governing body
having jurisdiction.
(B) A transfer station shall not be deemed to be a solid waste
disposal site and facility and therefore, such a facility shall
not be required to apply for and obtain a certificate of
designation as outlined in these regulations. The governing
body having jurisdiction can request, in writing, that the
Department conduct a technical review of the site and facility
documents and its operation plan. The Department shall be
notified, by the governing body having jurisdiction when a
permit approving a transfer station is issued. A copy of the
approved operations plan shall be maintained at the transfer
station.
(C) Facilities designed for resource recovery, such as a
material recovery facility (MRF) or intermediate processing
centers, are solid waste disposal sites and facilities and a
certificate of designation shall be required.
(D) Only residential and commercial waste shall be accepted at
transfer stations. Wastes such as medical waste, asbestos
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77
waste, contaminated soil are special wastes, and shall not be
accepted at transfer stations unless the transfer station is
specifically designed and approved for the special waste.
Special wastes require special handling and must be disposed at
an approved solid waste disposal sites and facilities approved
for that specific waste stream.
(E) Transfer stations shall comply with the health laws,
standards, rules, and regulations of the Department, the storm
water rules of the Water Quality Control Commission, the Air
Quality Control Commission, and all applicable local laws,
ordinances and regulations.
(F) In conformance with Section 1. 5. 2 , portions of these
requirements may be waived or modified for small rural transfer
stations as long as the performance of the site under the
altered requirements is as protective of public health and the
environment as these regulations.
7 . 2 OPERATING PLAN CRITERIA Owners or operators of all new
transfer stations shall develop an operation plan that
contains, as a minimum, descriptive responses of compliance
to this subsection.
7 . 2 . 1 General data and maps
(A) Name (s) and address(es) and telephone number (s) of the
owner/operator. Name and address and phone number of the
person(s) operating the facility and having the authority to
take corrective action in an emergency.
(B) Facility mailing address, county and legal description
including i section, section, township and range.
(C) Regional map depicting service area, existing and
proposed.
(D) Vicinity map showing access and service roads, zoning
and land use, residences, water wells and the location of all
surface water bodies, the location of 100 year flood plain
boundaries, and all manmade or natural features relating to
the facility within a mile radius.
(E) Site map showing adjacent properties including land use,
property owners names and addresses, site property boundaries
and area (acres) . If proposed site is adjacent to public
roads or streets, include the properties across the street or
road. The map should show the present site conditions and
the projected site utilization including all site structures
(such as buildings, fences, gates, entrances and exits,
parking areas, on-site roadways, and signs) and the location
of all water supplies and utilities. This site map shall be
certified by a state licensed surveyor or engineer.
(F) Site maps and drawings showing all the proposed
structures and areas designated for unloading, baling,
compacting, storage, and loading, including the dimensions,
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78
elevations, and floor plans of these structures and areas,
including the general process flow.
(G) Facility' s drainage system and water supply system.
7 . 2 . 2 Design criteria
(A) Unloading and loading areas shall be:
(1) Adequate in size to facilitate efficient unloading
from the collection vehicles and the unobstructed movement
of vehicles;
(2) Constructed of concrete or asphalt paving material and
equipped with adequate drainage structures;
(3) Solid waste handling shall be confined to the smallest
practical area. Such handling shall be supervised by
competent operating personnel who shall be familiar with
proper operational procedures;
(4) Sufficient internal storage areas to provide for
incoming solid waste;
(5) Exhaust removal systems shall be installed in enclosed
areas; and
(6) Measures shall be provided to prevent backing into
pits while unloading.
(B) On-site roads
(1) Designed to accommodate expected traffic flow in a
safe and efficient manner;
(2) The road surface design shall be suitable for heavy
vehicles and the road base shall be capable of withstanding
expected loads;
(3) Passable, in all weather conditions, by loaded
collection and transfer vehicles. Provisions shall be made
for de-icing ramps during winter months; and
(4) Where public dumping is allowing, separate access for
passenger vehicles shall be provided.
(C) Equipment Number, description and uses of all equipment
projected to be employed including the design capacity.
(D) Gate and fencing Types and heights of suitable gate and
fencing material to be placed on site, to limit unauthorized
persons from access to the facility when the facility is
closed.
(E) Signs A sign shall be posted, at all access points to
the facility, with the hours of operation, the types of solid
waste accepted and not accepted, the operating hours the
facility accepts wastes, and emergency telephone numbers of
a responsible party.
(F) Buffer zones Buffer zone of 200 feet around the active
operating area to the nearest property line in residential
zoned areas, or as otherwise established by the governing
body having jurisdiction.
7 . 2 . 3 Operation standards
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79
(A) Waste characterization The types, composition, and
expected daily volume of all solid waste to be accepted at
the facility in cubic yards or tons/per day, the maximum time
any such waste will be stored, and the proposed capacity of
the facility.
(B) Supervision Facilities with permanent continually
operating mechanical equipment shall have an attendant on
duty at all times the facility is open to the public.
(C) Personnel The number, classification, and job
descriptions of personnel to be employed at the facility when
operating at full capacity. A personnel training plan which
includes recognizing unauthorized waste such as PCB' s and
hazardous wastes, equipment operation, and any other
personnel concerns.
(D) Nuisance conditions All reasonable measures shall be
employed to collect, properly contain, and dispose of
scattered litter, including frequent policing of the area,
and the use of wind screens where necessary. The facility
shall be managed in such a manner that noise, dust and odors
do not constitute a hazard to human health. The facility
shall be managed in such a manner that the attraction,
breeding and emergence of birds, insects, rodents and other
vectors do not constitute a health hazard.
(E) Off-site water Control measures shall be provided to
protect surface and ground waters, including run-off
collection and discharge, designed and operated to handle a
twenty-four (24) hour, twenty-five (25) year storm and
equipment cleaning and washdown water.
(F) Fire protection Fire protection equipment shall be
available at all times. A fire protection plan including
provisions to prevent the spread of fire to adjoining
property shall be approved by the local fire department.
(G) Operational records Records shall be maintained for all
facilities. These records shall include a daily log of the
quantity of solid waste received and transported, as-built
construction details, and variations from approved operations
procedures. Records shall be kept on-site whenever
practicable or as otherwise approved.
(H) Contingency plan Contingency plans specifying the
procedures to be followed to handle situations such as the
following shall be available at all times to the transfer
station attendants:
(1) Hazardous material incident, including emergency
response contacts, equipment, identification of trained
personnel, and notification procedures;
(2) Contamination of surface water or ground water;
(3) Nuisance conditions on site or confirmed beyond the
site boundary; and
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80
(4) Alternate solid waste handling system for periods of
inability to operate or delays in transporting solid waste
due to fires, unusual traffic conditions, equipment
breakdown, hot loads, or other emergencies or undesirable
conditions.
(I) Cleaning facilities handling more than 100 cubic yards
of waste per day shall be cleaned daily of all loose
materials and litter, by wash-down or other approved method,
to prevent odors and other nuisance conditions. All
residuals shall be properly removed and disposed. All boxes,
bins, pits or other container type used shall be cleaned on
an approved schedule.
(J) Standing water All floors shall be free from standing
water. All drainage from cleaning areas shall be discharged
to sanitary sewers or other methods that meet local pre-
treatment standards.
(K) Storage adequate Storage space for incoming solid
waste shall be available at the transfer station. Solid
wastes should be loaded into the containerized collection
receptacle on the same day it arrives at the transfer
station. Unco pacted wastes will not be allowed to remain on
the tipping floor overnight. Removal of all putrescible
solid waste from the transfer station whenever transfer
containers are full, or weekly, whichever comes first, is
also required. Uncleaned transfer vehicles containing
putrescible material shall not be parked on public streets or
roads except under emergency conditions. Adequate off-street
parking for facility vehicles shall be provided.
(L) All solid waste received at a transfer station shall be
transferred as soon as practicable. All solid wastes
arriving at the transfer station that are not transferred
within twenty-four (24) hours of receipt shall be placed in
closed containers or in totally enclosed buildings,
structures, or other means of cover acceptable to the
Department, that deter water, birds, insects, rodents and
other vectors from reaching wastes.
(M) Final disposal All solid waste passing through the
transfer station shall be ultimately treated or disposed of
in an approved solid waste disposal site and facility .
(N) Water supply The amounts and source of water for use on
site for the control of nuisance conditions, fire protection,
construction purposes and personnel use shall be presented.
7 . 2 . 4 Closure plans for final closure of the transfer station
shall include a plan for the removal of all stored solid
wastes and washdown liquids. The Department and the local
governing authority shall be notified, in writing, of
temporary or permanent closure of the transfer station.
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81
SECTION 8 RECYCLING [RESERVED]
SECTION 9
WASTE IMPOUNDMENTS
9. 1 REGULATED FACILITIES These regulations apply to waste
impoundments that store, treat or dispose of liquid,
semisolid or solid wastes, except as provided in 9 . 1.4 for
facilities in operation prior to adoption of these
regulations.
9 . 1. 1 These regulations do not apply to wastes which:
(A) Are subject to a permit issued pursuant to the
"Colorado Mined Land Reclamation Act" , CRS 1973 ,
34-32-101, et seq. , as amended; or
(B) Are subject to license issued pursuant to the
"Radiation Control Act" , CRS 1973 , 25-11-101, et seq. , as
amended; or
(C) Are subject to a certificate of designation or
permit issued pursuant to the "Hazardous Waste Act" ,
C.R.S 1973 , 25-15-191, et seq. , as amended; or
(D) Are industrial discharges which are point sources
subject to permits under the provisions of the "Colorado
Water Quality Control Act" , CRS 1973 , 25-8-101, et seq. ,
as amended; or
(E) Are subject to a consent order, decree or agreement
or a written cooperative agreement issued pursuant to the
"Solid Waste Disposal Sites and Facilities Act" , CRS
1973 , 30-20-101, et seq. , as amended, to the extent that
the treatment, storage or disposal of such wastes in a
waste impoundment is approved by the Department pursuant
to such consent order, decree, agreement, or written
cooperative agreement;
(F) Are subject to an uncontested order, a consent
order, decree or agreement; or a written cooperative
agreement issued pursuant to the federal "Comprehensive
Environmental Response Compensation and Liability Act of
1980" , as amended, to which the Department is a signatory
party, to the extent that the treatment, storage or
disposal of such wastes in a waste impoundment is
approved by the Department pursuant to such uncontested
order, consent order, decree, agreement, or written
cooperative agreement;
(G) Will be beneficially reused; or
(H) Are agricultural wastes.
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9. 1. 2 The Department will consider on-site oil and gas liquid
waste impoundments to be in compliance with these
regulations if:
(A) The disposal facilities are regulated by the Oil and
Gas Conservation Commission;
(B) There is no imminent or substantial endangerment to
public health or the environment from the disposal
facilities; and
(C) Compliance with the certificate of designation
requirement is not required by the county within which the
site is located (for central disposal facilities only) .
9. 1. 3 The following listed parts of Section 9 of these
regulations do not apply to the noted classes of waste
impoundments.
Class I: 9. 2 . 3 9. 2 .4 9. 3 . 2
Class II: 9. 2 .2 9. 2 .4 9. 3 . 1
9. 8.5
Class III:9. 2 .2 9.2 . 3 9. 3 . 1
9 . 3 . 2 9.4 9. 5. 3
9 . 6 9. 7. 3 9.8 . 5
9 . 8.8 9. 9. 2 9.9 . 3
9. 1. 4 Those sites and facilities in operation prior to adoption
of these regulations may be required to come into
compliance with these regulations upon a determination by
the Department that such sites and facilities are causing
impairment of existing or future use of surface water or
ground water.
9. 1. 5 Surface and ground water monitoring may be required by the
Department at existing sites where seepage from an
impoundment and impairment of existing or future use of
surface or ground water are determined to be probable.
9 . 2 IMPOUNDMENT CLASSIFICATIONS In addition to applicable
requirements in the preceding sections of these regulations,
Sections 9. 1 through 9 . 10 shall apply to waste impoundments
which are regulated under the "Solid Waste Disposal Sites and
Facilities Act" .
9.2 . 1 To determine whether an impoundment is in Class I, II or
III as described in Sections 9 . 2 . 2, 9 . 2 . 3 and 9 . 2 . 4 ,
herein, the following criteria shall be utilized:
(A) The potential of the site as an aquifer recharge area;
(B) The quality of the water in the highest aquifer
according to the following parameters:
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(1) Total Dissolved Solids;
(2) Total Organic Carbon;
(3) Total Organic Halogen;
(4) Ph;
(5) Phenolic Compounds;
(6) Chloride;
(7) Iron;
(8) Lead;
(9) Potassium;
(10) Sodium;
(11) Calcium;
(12) Sulfate and all other known or probable constituents
of the wastes which will be contained in the impoundment.
(C) Existing or future uses of any surface or ground water
which could be impaired by seepage from the impoundment;
(D) The constituents of the waste, their toxicity,
mobility and persistence; and
(E) The geologic and hydrologic characteristics of the
site.
9 . 2 . 2 An impoundment shall be in Class I (no seepage allowed
beyond liner) if it:
(A) Is located in a recharge area for an underground
source of drinking water or over any unconfined aquifer;
and
(B) Seepage of waste or constituents from the impoundment
would impair existing or future use of ground water if
allowed to reach that ground water.
9. 2 . 3 An impoundment shall be in Class II (Controlled seepage) if
it:
(A) Is located in a recharge area for an underground
source of drinking water or over any unconfined aquifer, or
in an area where no saturated zone exists between the
surface and bedrock but the Class III criteria are not met;
and
(B) Seepage of waste or constituents from the impoundment
would impair existing or future use of ground water, if
constructed without a liner.
9. 2 . 4 An impoundment shall be in Class III (unrestricted seepage)
if it:
(A) Is located outside a recharge area for an underground
source of drinking water or in an area where no saturated
zone exists between the surface and continuous strata of
competent bedrock with an in-situ permeability of 1 x 10-6
cm/sec or less and minimum thickness of fifty feet (50 ' ) ;
or
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(B) Is located above an aquifer where impairment of
existing or future use of ground water will not occur due
to unrestricted seepage of the waste or constituents
intended for storage or disposal in the impoundment.
9 . 3 CLASS DESIGN STANDARDS
9 . 3 . 1 (A) Class I impoundments shall incorporate:
(1) Double liners with a highly permeable collection
layer between;
(2) Sump and access piping to allow detection and
collection of any leakage through the upper liner.
(B) Class I impoundment operation plans must contain a
contingency plan for action to be taken if leakage is
detected in the liner sump, requiring written notification
within fifteen (15) working days of the Health Departments
and either:
(1) Closure and emptying of the impoundment to repair
leaks; or
(2) Institution of daily removal of liquid from the
sump, measurement and recording of volume removed, and a
monitoring program to detect any leakage through the
second liner.
(C) If such leakage is detected, the impoundment shall be
immediately closed and the contents removed to another
approved impoundment. A detailed written assessment of the
impact of escaped waste or constituents shall, then, be
required of the operator within forty five (45) days or
less, as required by the health departments. If this
option is specified in the original application, the
monitoring system must be installed when the impoundment is
constructed.
9. 3 .2 (A) Class II impoundments shall incorporate:
(1) Single layer liners designed and constructed to
prevent or restrict seepage from the impoundment to a
rate which will not cause impairment of existing or
future use of ground water beneath the site; and
(2) Monitoring systems such as underdrainage and sump,
cut off trench or wells located to enable detection and
assessment of the controlled seepage impact on the
receiving aquifer.
(B) Class II impoundment operation plans must contain:
(1) Methods for assessing the impact of seepage on the
receiving aquifer based on a schedule of periodic
sampling of ground water which is or may be impacted; and
(2) A contingency plan for action to be taken if the
quantity or quality of seepage escaping from the
impoundment exceeds the approved design limits. The plan
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85
shall include the requirement that the operator notify
the health departments in writing within fifteen (15)
working days of the detection of exceedance of the design
seepage rate or allowable seepage quality and within
forty-five (45) days submit a detailed written assessment
of the impact of the seepage on the receiving aquifer and
proposed remedial action.
9 . 4 LINER DATA Lining material for waste impoundments shall be
compatible with wastes to be received, to be determined by
manufacturer test data for synthetic material or laboratory
testing of any clays or other material proposed as liners.
9 . 4 . 1 Minimum testing of clay or other material shall include:
(A) Test for dispersive reaction in the waste to be
impounded;
(B) Moisture-density relations (ASTM D698) ;
(C) Elevated pressure permeability testing of clay or other
material compacted to 95% of optimum, first with one
hundredth Normal (0. 01N) calcium sulfate solution until
constant permeability values are obtained, followed by
passage of at least two pore volumes of liquid from the
waste to be impounded, at least one other sample compacted
to 90% of optimum; and
(D) Atterberg limits (ASTM D423 and D424) .
9.4 . 2 Uniformity of composition of a clay or other soil deposit
proposed for use as liner shall be demonstrated by
determination of engineering properties for samples
representative of the total volume of the deposit to be
used.
9 . 5 GENERAL DESIGN STANDARDS Waste impoundments shall be
designed to perform as classified.
9 . 5. 1 All impoundments shall be equipped with a fixed clearly
visible gauge to indicate the depth of waste to the nearest
five hundreds (0. 05) of a foot. The elevation of the floor
of the impoundment and a permanently fixed bench mark on
the site shall be indicated on the plans, to enable
checking of gauge setting.
9 . 5. 2 Embankments shall be designed to minimize erosion and to
withstand all forces from impounded wastes.
9.5. 3 Clay soil liners shall be protected from erosion,
desiccation or drying by soils or synthetic covers and
influent energy dissipation devices or pads.
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9. 5. 4 The maximum design depth of waste shall be controlled by
the permeability of the liner, class design and operation
requirements, consideration of the efficiency of
evaporation and allowance for a minimum two feet (2 ' ) of
free board.
9. 5. 5 Monitoring wells or sump access pipes shall be lockable,
and be constructed with materials which will not interface
with monitoring of the facility.
9. 5. 6 (A) All waste impoundment facilities which use evaporative
treatment shall acquire standard Class A pan evaporation
and precipitation data from the nearest National Weather
Service station or other reliable source of data, to be
used in the calculations specified in Section 9 . 9. 1.
(B) Differences expected in precipitation or evaporation
between the data collection station and the impoundment
shall be clearly indicated in the facility engineering
report and operation plan. The operator shall maintain a
precipitation gauge on-site, to check the applicability of
data from other sources.
9 . 5.7 All waste impoundment facilities shall be provided with a
means, of quickly and accurately determining the total
volume of wastes in each impoundment and the exposed
surface area by correlation with the depth of wastes. The
preferred means is a table listing depths from zero in five
hundredths (0. 05) of a foot graduations up to the total
design depth, with the correlated volume impounded and the
surface area at each depth.
9. 5.8 All impoundment facilities shall have upgradient and
downgradient monitoring wells completed to an appropriate
impervious layer or to bedrock which underlies either the
unsaturated zone or saturated receiving aquifer to confirm
the permeability of bedrock or quality of aquifer water and
to allow sampling of recharge or seepage from the
impoundment.
9. 5. 9 Facilities which include tanks must include plans and
specifications for the tanks and associated piping in the
facility engineering report.
9 . 6 LINER INSTALLATION Waste impoundments shall be constructed
according to detailed plans and using quality control
measures specified in the facility engineering report to
ensure attainment of design permeability and prevent
mechanical or chemical degradation of liners during
construction and active life. United States Environmental
JUNE 30, 1993
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87
Protection Agency (USEPA) publication SW-870 (1983) is
recommended for general construction guidelines.
9 . 6. 1 Synthetic liners shall be installed according to the
manufacturer' s instructions, which shall be submitted as
part of the facility engineering report.
9 . 6. 2 Clay or soil liners shall be installed according to the
recommendations of a qualified and experienced engineer or
geologist, which shall be submitted as part of the facility
engineering report.
9. 6. 3 Construction of liners shall be inspected by an experienced
soil technician, engineer or geologist whose report,
including daily visual observations, moisture, density and
permeability (if recommended) test results, shall be
submitted to the health departments.
9 .7 OPERATION STANDARDS Operation of waste impoundments shall be
in accordance with approved plans and the minimum standards
of these regulations.
9.7 . 1 No incompatible wastes shall be commingled in the same
impoundment.
9 . 7 .2 Disposal of any waste streams significantly different from
those originally approved shall constitute a substantial
change in operation.
9.7 . 3 The integrity of liners shall be maintained by prevention
of damage through uncontrolled or improper discharge of
wastes into the impoundment, vehicle traffic, dredging of
settled sludge, skimming of oil, maintenance of spray
systems or other actions.
9 . 7 . 4 Waste impoundment facilities which are required to obtain
a certificate of designation shall maintain at least one
operator on the site and in charge of all activities during
scheduled open hours.
9 . 7 . 5 All impoundments operated as evaporative treatment or
disposal facilities shall be maintained as free as possible
from oil or other surface scum.
9 .8 MONITORING Monitoring plans and schedules for waste
impoundment facilities shall be specified in the operation
plan and adhered to throughout the active life closure
period. All chemical analyses shall be submitted to the
JUNE 30, 1993
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88
health departments within thirty (30) days after receipt by
the operator.
9 .8. 1 Each waste stream entering a waste impoundment facility
which is required to obtain a certificate of designation
shall be tested at least annually by the operator to
demonstrate conformance with the original analyses by
taking an unannounced grab sample from trucks entering the
facility and conducting analyses for the original or
approved amended list of parameters. If any waste is found
to differ significantly from the original analysis, the
health departments shall be notified in writing within
fifteen (15) working days.
9.8 . 2 (A) Each truckload of waste entering a commercial waste
impoundment facility which is required to obtain a
certificate of designation shall be registered, with the
following information entered on a single receipt: (1)
Date and time, (2) Receiving impoundment identification,
(3) Quantity, (4) Type of waste, (5) Location
produced,
duc t ruck
Owner and/or lessee where produced, (7) Hauler
annumber, (8) Driver' s name and signature,
(B) Individual load receipts shall be maintained for
at
least the
two (2)) years, monthly summaries for the life of
facility.
(C) Monthly summaries for each impoundment shall contain
the following: (1) Total volume of each waste stream
disposed, (2) Waste stream identification(s) .
9 . 8. 3 At least one sample of the contents of each Class I or II
impoundment shall be analyzed annually for the original or
amended list(s) of characteristic parameters for all waste
streams placed in the impoundment. Samples from Class III
impoundments shall be taken and analyzed quarterly. If the
impounded wastes are subject to stratification, a separate
sample shall be taken from representative levels, including
settled sludge and oil or other surface scum. Measurement
of the thickness of each layer shall be performed as part
of this analysis.
9. 8 .4 Records shall be maintained to fully document any ent an damage
amage
and repairs to embankments or liners, p
accidents, spills, detection of liquids in sumps, fires or
explosions. Written notification shall be submitted to the
health departments within fifteen working days after
discovery of such liner damage or other event which affects
the operation of the facility.
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89
9.8. 5 Class I liner sumps shall be inspected weekly for presence
of any liquids. If liquids are found, samples shall be
analyzed immediately, and thereafter monthly samples shall
be analyzed for the original or approved amended list(s) of
parameters for all wastes in the impoundment.
9.8 . 6 Monitoring wells for Class I and II impoundments shall be
sampled quarterly unless more frequent sampling is required
by a remedial action or special investigation program.
Monitoring wells for Class III impoundments, if required by
the Department, shall be sampled at least annually.
Analyses of well samples shall include indicator parameters
determined as appropriate after initial waste and aquifer
water analyses are submitted for review.
9 . 8 . 7 Frequent general inspection and written documentation of
the condition of impoundment embankments and related piping
or structures by the operator, shall be specified in the
facility operation plan. The inspection plan shall include
requirements to look for any ground movement, cracks,
erosion, leaks, rodent burrows, vegetation growing on a
liner soil cover, or other problems which may affect the
integrity of an impoundment.
9.8.8 Clay or other soil liner material which has been
continuously exposed to impounded wastes shall be sampled
and tested for permeability as specified in Section 9 . 4 . 1
at intervals of not more than five (5) years. Sampling
points shall be repaired as specified in the facility
engineering report.
9 . 9 RECORDKEEPING AND CALCULATIONS Monthly summary records shall
be maintained until final closure of the facility (Section
9. 10. 1) documenting the origin, volume in storage, shipment
to other facilities, and rate of disposal of all wastes. All
records, including but not limited to facility inspection
logs, daily depth readings, precipitation, waste and
monitoring analyses, and load receipts shall be maintained
available for inspection by representatives of the health
departments at all times.
9 .9 . 1 The operator of a facility employing evaporative treatment
shall calculate and record on a quarterly basis:
(A) The total volume of wastes and precipitation added to
each impoundment (Volume A) ;
(B) The total pan evaporation during the quarter at the
Weather Service or other station specified according to
Section 9 . 5. 6, multiplied by the appropriate "Lake
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90
Evaporation Coefficient" (as recommended by the
consultant) ,then multiplied by the average surface area of
each impoundment during the quarter, to give the maximum
possible volume of evaporate loss (Volume B) ;
(C) The total change in volume of wastes stored in each
impoundment by two methods:
(1) Volume on first day of quarter subtracted from the
volume on the last day of the quarter (from depth
readings) ; and
(2) Maximum evaporative loss (Volume B) subtracted
from the total added (Volume A) . Seepage shall be
neglected in this calculation.
9.9 . 2 If the volume change found according to depth readings is
equal to or greater than the change calculated from the
addition and evaporation data, the health departments shall
be notified in writing within fifteen (15) working days.
Class III impoundments area exempt from the notification
requirements.
9 . 9 . 3 Observed volume losses more than twenty percent (20%)
greater than that predicted from calculations performed in
accordance with 9.9 . 1 for Class I and II impoundments
indicate probable liner failure. In such instances, no
wastes shall be added to the impoundment for a minimum one
(1) week observation period, even though monitoring wells
or sumps may not indicate leakage or contamination.
9. 10 CLOSURE In addition to the requirements of Section 3 . 5 and
3 . 6 of these regulations, the facility closure plan shall
contain provisions for testing residual sludge for hazardous
characteristics and for final disposal of the sludge.
9 . 10. 1 operators of all impoundment facilities regulated under
the "Solid Waste Disposal Sites and Facilities Act"
(including existing facilities) shall submit a report to
the health department at the time of final closure which
summarizes the total volume of each waste stream disposed
in each impoundment and identifies the person(s)
responsible for post closure control of the site.
SECTION 10
SCRAP TIRE DISPOSAL
10. 1 GENERAL PROVISIONS By August 1, 1988, the operators of all
scrap tire recycling facilities in existence prior to May 1,
1988, shall apply for a certificate of designation. In no
instance shall a facility operator accept tires after August
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91
1, 1989, unless the facility has an approved certificate of
designation. If the application is denied the facility shall
immediately cease accepting scrap tires. Scrap tire
recycling facilities commencing operation on or after May 1,
1988, shall obtain a certificate of designation prior to
accepting scrap tires. Starting on May 1, 1988 , a facility
may not accept any more tires than it, in the following
calendar year or the prorated portion of 1988 , recycles,
disposes of on-site, or ships off-site for disposal. On-site
disposal shall comply with the applicable provisions of the
Solid Waste regulations; off-site disposal shall occur at
approved solid waste disposal facilities. All scrap tires in
existence prior to May 1, 1988 , that were not disposed of at
approved solid waste disposal facilities or recycled, must be
disposed of at approved solid waste disposal facilities or
recycled by May 1, 1993 .
10. 2 STANDARDS FOR SCRAP TIRE DISPOSAL FACILITIES
10. 2 . 1 When applying for a certificate of designation, the
operator of a scrap tire disposal facility shall submit
a plan for approval by the Department and the local
governing body having jurisdiction. The plan shall
describe the nature of the activity, the types and
capacities of equipment that will be used, and the means
to be used to track inventory on a volume or weight
basis.
10. 2 . 2 Starting on May 1, 1989, an annual report shall be
submitted by the operator to the Department and the local
governing body having jurisdiction by May 1 of each year.
The report shall state the amounts of scrap tires
received at the facility, recycled, disposed of on-site,
and shipped off-site for the preceding calendar year.
10.2 . 3 The operator shall maintain all-weather access roads to
those areas of active operation and as necessary to meet
the fire control plan.
10. 2 . 4 The operator shall collect litter in order to avoid a
fire hazard or a nuisance.
10. 2 . 5 Adequate fencing, natural barriers or other security
measures to preclude public entry shall extend around the
entire perimeter of the facility and shall include a
lockable gate or gates.
10. 2 . 6 Prominent signs shall be posted in public view at the
entrance to the facility with the name of the facility,
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92
the hours which the facility is open for public use, a
listing of the wastes accepted at the facility, and a
phone number for a 24-hour emergency contact. A copy of
the County Certificate of Designation resolution or the
Certificate, if one is issued, must be available for
inspection at the site.
10. 2 .7 The operator shall maintain a working telephone at the
facility.
10.2 . 8 The operator shall submit a plan to the Department and
the local governing body having jurisdiction specifying
the facility' s fire lane locations and widths, means to
be used to extinguish fires, and designation of a
facility emergency coordinator. This plan shall be in
accordance with local fire codes and the plan shall be
submitted to the local fire control authority.
10.2 .9 The operator of the facility shall immediately notify the
local health department and the Colorado Department of
Health in the event of a fire or other emergency. Within
two weeks of this notification, the operator of the
facility shall submit a report on the emergency to the
Department and the local governing body having
jurisdiction. This report shall describe the origins of
the emergency, the actions that have been taken, actions
that are currently being taken or are planned, results or
anticipated results of these actions, and an approximate
date of resolution of the problems generated by the
emergency.
10. 2 . 10 During all stages of receipt and recycling of tires the
facility shall have an attendant.
SECTION 11
SOLID WASTE INCINERATION FACILITIES
11. 1 GENERAL PROVISIONS The following provisions apply to solid
waste incineration facilities and privately operated Solid
Waste-to-Energy facilities not under contract to a county
and/or municipality. Solid Waste-to-Energy incineration
facilities sited and operated by a county and/or municipality
are regulated under the Solid Waste-to-Energy Incineration
Systems Act and regulations promulgated thereunder. Approval
by the Hazardous Materials and Waste Management Division
shall not relieve the applicant from its obligation to comply
with the requirements of other public agencies including but
not limited to the Air Pollution Control Division, the Water
JUNE 30, 1993
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93
Quality Control Division and local government permitting and
zoning authorities.
11. 1. 1 The Department shall approve or deny the facility within
120 days of the application being determined complete by
the Department. The Department will make the
determination as to whether or not the application is
complete within 30 days of receipt. If the application
is deemed incomplete, the Department shall notify the
applicant of such deficiencies. The applicant must
submit the required information within 20 days or the
application will automatically be denied.
11.2 ENGINEERING DESIGN AND OPERATION REQUIREMENTS: The
engineering design and operations report shall include at a
minimum, the following:
11. 2 . 1 General Informatidn
(A) (Name; address and telephone number of the owner and
operator of the solid waste incineration facility.
(B) Location of the site and facility giving the county
and legal description of the facility; mailing address, and
township, section and range to the nearest one-quarter (;)
of a quarter-section.
(C) Area of the site.
(D) General description of the solid waste incineration
facility.
(E) Discussion of the facilities service area, including
transportation corridors and surrounding access.
(F) Listing of all permits or construction approvals
received or applied for including:
(1) Water Quality Permits;
(2) Air Quality Permits;
(3) Local Wastewater Treatment or other Local Permits.
11.2 . 2 Maps and related information:
(A) The application shall contain a topographic map which
shows names of present land owners, property boundaries,
including easements, rights of way, internal access roads,
and other property interests for the proposed solid waste
incineration site and adjacent area; and a description of
title, deed, liens or usage restrictions affecting the
proposed solid waste incineration facility.
(B) Other major maps and documentation shall be provided
to show:
(1) The land use, zoning and population densities of the
area within one mile of the proposed facility.
(2) The regional and site drainage conditions including
the location of any floodplain boundaries, springs,
JUNE 30, 1993
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94
streams, lakes, wetlands, constructed or natural drains
and irrigation ditches located on the proposed site and
or adjacent area which could affect the site;
(3) Counties and municipalities in which the site and
facility is proposed to be located. (4) The location of
barriers, fences and other similar structures;
(5) All solid waste storage and loading areas;
(6) The location of any scales and weigh stations to be
used in the operation;
(7) The location, size and use of buildings and related
facilities which will be used in the operation, including
their horizontal and vertical dimensions;
(8) Utilities to be installed at the facility.
(C) The applicant shall submit all construction plans,
cross-sections, specifications and details.
(D) The Department may request additional information if
necessary to complete its review of the facility.
11.2 . 3 Engineering Design Information The application shall
contain a detailed description of:
(A) The waste stream including sources, general waste
composition, estimated volumes of solid waste to be
processed, recycled or landfilled, estimated BTU values
and estimated seasonal and compositional variability of
the waste stream or specifications, volumes and estimated
BTU values for refuse derived fuel if used in place of
unprocessed solid waste.
(B) A flow chart showing the mechanical components of
the system and a materials balance depicting all process
variables including waste volumes, energy, ash, air and
water inputs and outputs.
(C) Expected materials to be stored prior to sale,
recycling or disposal, the minimum and maximum volumes
and weight, minimum and maximum time frames for storage
and specific plans for separation and storage of these
materials and for disposal of any bulky, unmarketable or
noncombustible items.
(D) The orientation, interior dimensions and
specifications of the tipping floor, storage area and
ingress and egress there to.
(E) The size, type, capacity and general specifications
and anticipated performance of equipment for the
handling, processing and storage of waste, energy
recovery, air emissions control and process monitoring
systems.
(F) Any water collection, storage, treatment or
discharge facilities to be used in the process.
(G) Identification of sufficient support equipment to
maintain operation of equipment functions.
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(H) The anticipated recovery rate of marketable
materials or energy.
(I) A detailed engineering description of the
incinerator including:
(1) Type of incinerator and manufacturer 's name and
model number;
(2) Construction materials and specifications;
(3) Description of auxiliary fuel system and type of
auxiliary fuel to be used;
(4) Capacity of feed charging system;
(5) Description of the combustion control system: air
control, warning systems, auxiliary fuel/waste feed
cutoff, waste moving/mixing system;
(6) The design and operating conditions for the
proposed incinerator for the most efficient combustion
of solid waste including:
(a) Expected carbon monoxide (CO) level in the
stack exhaust gas
(b) Waste feed rate
(c) Combustion zone temperature and location and
method of measurement.
(d) Expected stack gas volume, flow rates and
temperatures.
(e) Computed residence time for waste in the
combustion zone
(f) Proposed waste feed cut off-limits based on
identified significant operating parameters.
(g) Air pollution control equipment, operations
variables and normal operating ranges, methods of
monitoring, and actions to be taken in the event the
equipment and instruments exceed normal operating
ranges.
(J) The actual or expected physical and chemical
composition of the ash or residue produced by operation
of the facility including moisture density relationships,
particle size distribution, volume and weight of ash
generated.
(K) The proposed location and method for disposal,
storage or processing of the ash, scrubber residue, or
quench or wash water produced by operation of the
facility.
(L) A plan for disposal or processing of waste if the
facility is temporarily shut down. A description of the
maintenance plan, design redundancy, and plans to
minimize unscheduled downtime.
(M) Utilities to be installed at the facility.
(N) Plans and designs for operating and maintaining the
proposed facility to prevent fires, explosions, emissions
of toxic gases or other emergencies.
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(O) A closure plan for decommissioning of the facility
addressing removal of all unprocessed solid waste, ash,
wash water or any other process residuals.
(P) Other information the Department may require
including, but not limited to, calculations and drawings.
11. 2 .4 Facility Operating Plan The application shall contain a
facility operating plan which includes:
(A) A narrative description of the general operating
plan for the proposed facility, including hours of
operation, daily operational methodology, procedures for
facility start-up, scheduled and unscheduled shutdown
operations, including utilization of process and
instrumentation controls for start-up and shutdown,
anticipated throughput design capacity, and expected life
of the facility.
(B) Provisions for alternative waste handling or
disposal during periods when the facility is not in
operation, including procedures to be followed in case of
equipment breakdown, such as the use of standby
equipment, extension of operating hours or arrangements
for diversion of waste to other facilities.
(C) Description of procedures to be used for removal of
solid waste or ash from the system in the event of
mechanical system breakdown.
(D) An operational safety, fire prevention and
contingency plan to minimize hazards to human health and
the environment resulting from fires, explosions, or
release of pollutants into the air, onto the soil or into
ground or surface water.
(E) Provisions assuring that the facility does not
accept hazardous waste and also assuring that only
special wastes approved by the Department are accepted by
the facility.
(F) The number, classification and job descriptions of
personnel projected to be employed at the facility when
operating at full capacity.
(G) A plan for hiring and training equipment operators
and other personnel in the design and operation of the
facility.
(H) Measures to prevent hazards or nuisances from
vectors, litter, odors, dust, noise or other potential
sources.
(I) An inventory and location of all facility records
and as built drawings.
(J) Provisions for providing monitoring results to the
Department.
11. 3 OPERATING REQUIREMENTS
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97
11. 3 . 1 The solid waste program of the Department and the local
governing body having jurisdiction shall be notified in
writing of the anticipated date of initial start-up of
the facility not more than 60 days nor less than 30 days
prior to such date and shall be notified in writing of
the actual date of commencement of start-up within 15
days after such date.
11. 3 .2 A solid waste incineration facility must be operated in
accordance with the operating procedures specified in the
approved engineering design and operations report and in
the air emissions permit. Facilities incinerating solid
waste not typical of municipal solid waste will be
evaluated on a case-by-case basis for specific handling
and combustion requirements to ensure the waste is
handled and burned in a manner that minimizes possible
environmental or health impacts.
11. 3 . 3 Municipal waste incineration facilities shall meet the
following design and operational criteria to ensure
complete combustion of the wastes. Compliance with the
combustion criteria set forth in Sections 11. 3 .2 and
11. 3 . 3 does not relieve the applicant of the obligation
to comply with statutory, regulatory or permit
requirements of the Air Quality Control Commission or the
Air Pollution Control Division. These criteria are for
the purpose of ensuring combustion efficiency and are not
for the purpose of regulating or controlling air quality.
If the Air Quality Control Commission promulgates air
quality standards for any constituents regulated
hereunder, the more stringent standards will apply.
(A) The furnace shall maintain the combustion gases in
the final combustion zone at a minimum temperature of
1800° F for at least one second; or, for alternative
combustion technologies, the furnace design shall provide
a residence time and temperature which, in combination,
are shown to be equivalent to the above. The applicant
must demonstrate that the combustion efficiencies and air
contaminant emission rates are comparable to those
achieved by conventional technologies operating at the
conditions specified in (A) above.
(B) The furnace shall be equipped with auxiliary fuel
burners to maintain the combustion gases at the above
conditions under all firing conditions, and must ensure
that the furnace will reach the above temperature prior
to the introduction of waste and maintain the above
temperature when waste charging is discontinued until
complete burnout has occurred.
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98
(C) Air distribution to the system shall be fully
controllable at each location where pressurized air is
introduced and the air flow shall be measured and
monitored continuously.
(D) A combustion efficiency of 99 . 9% 8-hour running
average must be maintained as determined by:
CO2 CE = x loo
CO + CO2
where: CE - combustion efficiency
CO = carbon monoxide in the exhaust gas, parts per
million by volume (dry)
CO2= carbon dioxide in the exhaust gas, parts per
million by volume (dry) ; or
Carbon monoxide emissions, as an indicator of
incomplete combustion, shall be measured at a location
upstream of air pollution control devices, and shall
not exceed 100 ppmv dry basis, on an 8 hour running
average corrected to 7% O2.
(E) Charging of waste to the incinerator shall cease if
the temperature drops below 1600°F for 15 minutes or if
the combustion efficiency drops below 99. 5% for a 15
minute period. Warning systems shall be installed to
provide notice of temperature drop or elevated CO levels.
Applicability to alternative combustion technologies will
be determined prior to approval of the application by the
Hazardous Materials and Waste Management Division and
issuance of the air emissions permit.
(F) The operator shall conduct continuous monitoring of
combustion parameters to demonstrate compliance with
items (a) through (e) .
(G) Monitoring results shall be reported to the
Department and the local governing body having
jurisdiction quarterly, except that upset conditions must
be reported to the Department and the local governing
body having jurisdiction as soon as possible but not
later than one business day after occurrence along with
the corrective action taken.
11. 3 .4 No hazardous waste as defined in Section 25-15-101(9) of
the Colorado Hazardous Waste Act may be received at the
solid waste incineration facility.
11. 3 . 5 "Special Wastes" may be incinerated at solid waste
incineration facilities only with specific approval from
the Hazardous Materials and Waste Management Division and
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99
the Air Pollution Control Division with the exception of
asbestos, which must be handled and disposed of according
to Section 5 of the Colorado Regulations pertaining to
Solid Waste Disposal Sites and Facilities.
11. 3 . 6 Municipal solid waste must be stored inside an enclosed
structure or building under negative air pressure which
provides a minimum of three days storage, considering
both volume (cubic yards) and weight (tons) at the
installed design capacity of the combustion units.
Storage of recovered or rejected, oversized and bulky non
combustible material must be in accordance with the
approved engineering design and operations plan for the
facility.
11. 3 . 7 All solid waste shall be handled in such a way as to
maximize complete combustion of the waste and minimize
any potential for fire, explosion, safety hazard or
adverse public health effects. Adequate visual screening
must be conducted to ensure removal of hazardous or other
unacceptable wastes such as large bulky appliances,
asbestos or "special wastes" not approved for
incineration at the facility.
11. 3 . 8 Operations must be conducted in such a way as to prevent
litter and nuisance conditions from occurring. Refuse
should be confined to the tipping area and utilized on a
first-in first-out basis.
11. 3 .9 Floors must have adequate drainage and be free of
standing water.
11. 3 . 10 The facility must be inspected daily or more frequently
as necessary to detect problems with vectors, litter,
fugitive dust, odors or equipment malfunctions, with
inspection records maintained and corrective action
implemented when problems are detected.
11. 3 . 11 Discharge of quenching and/or scrubber water must be in
compliance with all state and local water quality control
regulations and sewer district requirements.
11. 3 . 12 The alternative waste handling or backup disposal plan as
approved in the Engineering Design and Operations report
must be implemented for periods of facility shutdown.
11. 3 . 13 Access to the facility must be controlled at all times to
preclude unauthorized disposal.
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11. 3 . 14 All equipment operators and personnel shall be trained in
the design and operation of the facility.
11. 3 . 15 Ash shall be handled in closed conveyors and containers
at the facility and shall be stored and transported in a
manner to prevent leakage and dispersal.
11. 3 . 16 No person shall close an approved solid waste
incineration facility without notifying the Department
and the local governing body having jurisdiction in
writing at least 120 days prior to the closure date.
11. 3 . 17 The facility shall be closed in accordance with all new
applicable regulations in effect at the time of closure
and with the closure plan, which if amended, must be
submitted for review and approval by the Department 120
days prior to closure.
11. 3 . 18 The operator of an approved municipal Solid
Waste-to-Energy facility shall notify the general public
at least 60 days in advance of the proposed closure date
by placing signs of suitable size at the entrance of the
facility.
11. 4 RECORDS
11. 4 . 1 The following records must be maintained by the
facility and made available to the Department and the
local governing body having jurisdiction.
(A) Operating records - (1) A daily log or an
equivalent tracking system must be maintained by the
facility operator to record operational information
such as: (A) Hours of operation; (B) Total number of
incoming vehicles using the facility; (C) Quantities
of refuse derived fuel, residential and commercial
refuse received, industrial or special waste streams,
and residues or recyclables shipped for disposal or
recycling; (2) Records to identify sources of the
incoming waste and to support the mechanism to preclude
hazardous or unacceptable wastes from entering the
facility; (3) Equipment maintenance or replacement;
(4) Variations from approved operational procedures;
(5) Inspections performed at the facility and any
necessary action taken in response to them.
(B) Monitoring Records - The operator must maintain
records of all stack tests and continuous monitoring
results for the facility operations, any testing of ash
residues, and information regarding water discharges
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pursuant to city ordinances, pretreatment standards or
COPDES permits.
(C) Personnel Training Records
(D) Other Records:
(1) As-built construction details;
(2) Contingency plans and emergency procedures;
(3) Maintenance plans and schedules
11. 5 REQUIREMENTS FOR MANAGEMENT OF RESIDUAL ASH FROM SOLID WASTE
INCINERATION FACILITIES.
11. 5. 1 All residual ash from solid waste incineration facilities
and associated waste water and fugitive dust handling and
disposal shall comply with all applicable laws and
regulations, and with all applicable local zoning laws
and ordinances.
11. 5. 2 Residual ash shall be dewatered to remove any free
liquids prior to shipment to a disposal site in
accordance with the approved engineering design and
operations plan for the incineration facility.
11. 5. 3 Transportation of ash shall occur in equipment designed
and utilized to prevent leakage, spillage or dispersion
of the material during transportation.
11. 5. 4 Residual ash from solid waste incineration facilities
must either be beneficially used or reused, as defined in
paragraph 11. 5. 5, or finally disposed in accordance with
all applicable Solid Waste Disposal Sites and Facilities
Act regulations.
11. 5. 5 For beneficial use or reuse of residual ash from a solid
waste incineration facility to be approved by the
Department after consultation with the local governing body
having jurisdiction, the following must be demonstrated by
the applicant:
(A) That the waste material can meet the same
specifications as alternative non-waste materials, and
(B) That the beneficially used waste materials will not
release contaminants into the environment.
SECTION 12
WATER TREATMENT PLANT SLUDGE
12. 1 GENERAL PROVISIONS The following general provisions apply to
all water treatment plant sludge disposal facilities except
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as provided in 12 . 1. 4 for facilities in operation prior to
adoption of these regulations.
12 . 1. 1 (A) Any person who disposes of water treatment plant
sludge, receives water treatment plant sludge for
disposal or permits water treatment plant sludge to be
disposed of on any facility or property which he operates
or possesses shall do so in compliance with the
requirements of Sections 1, through 3 , and 12 of these
regulations.
(B) If a conflict exists between the requirements of
Sections 1 through 3 and the requirements of this Section
12 , the requirements of Section 12 shall control.
(C) Notwithstanding the provisions of (A) and (D) Above,
a person who disposes of water treatment plant sludge,
receives water treatment plant sludge for disposal or
permits water treatment plant sludge to be disposed of on
any facility or property which he operates or possesses
is not required to comply with subsections 1. 2 .4, 2 . 1. 1,
2 . 1.8, 2 . 1. 9 , 2 . 3 , 3 . 1. 1 of these regulations.
12 . 1. 2 Each water treatment plant sludge disposal facility shall
comply with Colorado health laws and with the standards,
rules and regulations of the Department and the water
quality control commission and with all applicable local
zoning laws and ordinances.
12 . 1. 3 These regulations do not apply to water treatment plant
sludges which are beneficially used under the authority
of the Colorado Domestic Sewage Sludge Regulations.
12 . 1.4 (A) Surface and ground water monitoring may be required
by the Department at existing facilities where impairment
of existing or future use of surface or ground water is
determined to be probable.
(B) Those facilities in operation prior to adoption of
these regulations may be required to come into compliance
with these regulations upon a determination by the
Department after consultation with the local governing
body having jurisdiction that such facilities are causing
impairment of existing or future use of surface water or
ground water.
12 . 2 APPLICATION INFORMATION ALTERNATIVES For the purposes of
this Section 12 only as applied to the disposal of water
treatment plant sludge, a person who disposes of water
treatment plant sludge, receives water treatment plant sludge
for disposal or permits water treatment plant sludge to be
disposed of on any facility or property which he operates or
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possesses shall also comply with the following modifications
to Sections 2 and 3 of these regulations:
12 . 2 . 1 If the total alpha activity of the sludge exceeds 40
picocuries per gram of dry sludge, the sludge generator
shall contact the Department' s Radiation Control Division
for further disposal guidance.
12 . 2 . 2 A facility that operated as a water treatment sludge
landfill shall: provide compacted fill material; provide
adequate cover with suitable material; provide surface
drainage designed to prevent ponding of water, wind
erosion; prevent water and air pollution; and upon being
filled, shall be left in a condition of orderliness and
aesthetic appearance capable of blending with the
surrounding area. In the operation of such a site and
facility, the sludges shall be distributed in the
smallest area consistent with handling traffic to be
unloaded and shall be placed in the most dense volume
practicable.
12 .2 . 3 Adequate fencing, natural barriers or other security
measures to preclude public entry shall extend around the
entire perimeter of the facility and shall include a
lockable gate or gates.
12 . 2 . 4 All ground water monitoring points shall be installed in
accordance with applicable rules and regulations of the
"Water Well and Pump Installation Contractor's Act, "
Title 37, Article 91, Part 1, CRS 1973 as amended. The
facility operator shall be responsible for conducting a
program of ground water sampling to document and monitor
the water quality in such wells.
12 . 2 . 5 Ground water quality concentrations shall be monitored
regularly, as deemed necessary by the Department on a
site specific basis.
12 . 2 . 6 The type and quantity of material to be used as
intermediate cover shall be identified in the engineering
design and operations report of each water treatment
plant sludge facility.
12 . 2 .7 The following information shall be provided in the
engineering design and operations report of each water
treatment plant sludge facility: the type and quantity
of material that will be required for use as a liner, if
a liner is required; and the type and quantity of
material that will be required for use as final cover,
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including its compaction density, moisture content
specifications and the design permeability.
12 .2 . 8 Maps and plans, drawn to a convenient common scale,
showing the location and depth of cut for liners (if
required) , shall be submitted as part of the engineering
design and operations report.
12 . 2 .9 Maps and plans, drawn to a convenient common scale,
showing the intermediate and final cover, shall be
submitted as part of the engineering design and
operations report.
12 . 2 . 10 Maps and plans, drawn to a convenient common scale,
showing the location of all proposed monitoring points
for surface water and ground water, shall be submitted as
part of the engineering design and operations report.
12 . 2 . 11 Construction details for all proposed monitoring points
for surface water stations and ground water monitoring
wells shall be submitted as part of the engineering
design and operations report.
12 .2 . 12 The daily operating hours of the facility, the frequency
of operation including the number of days per month and
the number of months per year, the daily volume in cubic
yards to be received on operating days, and the expected
life of the site shall be included in the engineering
design and operations report.
12 . 2 . 13 The engineering design and operations report shall
specify the systems of records to be maintained
documenting incoming waste volumes, water quality
monitoring results, as-built construction details and
variations from approved operating procedures.
12 . 2 . 14 The amounts and sources of water to be used on-site for
the control of nuisance conditions, construction
purposes, and personnel use shall be identified in the
engineering design and operations report.
12 .2 . 15 Provisions for the monitoring of ground water and surface
water after closure shall be identified in the
engineering design and operations report.
12 . 3 SLUDGE ACCEPTANCE CRITERIA In addition to compliance with
Sections 1 through 3 of these regulations, a person who
disposes of water treatment plant sludge, receives water
treatment plant sludge for disposal or permits water
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treatment plant sludge to be disposed of on any facility or
property which he operates or possesses shall also comply
with the following:
12 . 3 . 1 Facilities shall not accept water treatment plant sludges
containing any free liquids. U. S. Environmental
Protection Agency laboratory method 9095, the "Paint
Filter Liquids Test" , shall be used to determine
compliance with the requirements of this subsection.
12 . 3 .2 Facilities shall not accept water treatment sludges
having a pH less than 6. 0 standard units.
12 . 3 . 3 No water treatment plant sludge disposal facility shall
accept waste of any other kind without approval from the
County Board of Commissioners or City governing body and
the Department.
SECTION 13
INFECTIOUS WASTE DISPOSAL
13 . 1 (A) REGULATED FACILITIES These regulations apply to all
sites and facilities that store, collect, treat, process or
dispose of infectious wastes, as defined in 25-15-401 et
seq. Such infectious waste disposal facilities shall be
regulated by the Colorado Department of Health in
cooperation with either the county or municipality
whichever has jurisdiction over the site and facility.
(B) Under no circumstance shall a facility that stores,
collects, treats, processes or disposes of infectious
wastes become a health or environmental hazard or allow
nuisance conditions as defined in Subsection 1. 2 of the
regulations to develop.
13 .2 EXEMPTIONS Provisions in any section of these regulations
notwithstanding, the following sites and facilities shall be
approved sites and facilities for which it shall not be
necessary to obtain a certificate of designation, under the
provisions of section 30-20-105 of the Solid Wastes Disposal
Sites and Facilities Act providing that all applicable water
quality, and air quality regulations are met:
13 .2 . 1 Those facilities that operate equipment or a facility for
treatment of infectious wastes generated on site and such
other infectious wastes as are generated through the
normal operation of their business or occasional
treatment of infectious waste as a community service and
comply with Title 25 Article 15 Sections 401 through 407,
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106
Colorado Revised Statutes shall be exempt from these
regulations.
13 . 2 . 2 Those facilities that have been exempted under Section
1. 4 . 5 of these regulations.
13 . 2 . 3 Disposal of household infectious waste shall be exempt
from these regulations.
13 . 3 CERTIFICATE OF DESIGNATION REQUIRED No person shall operate
a solid waste disposal site or facility which stores,
collects, treats, processes or disposes of infectious wastes
without first submitting the necessary application for a
certificate of designation for review of the county or
municipality and to the Colorado Department of Health and
having obtained a certificate of designation from a county or
an equivalent approval permit from a municipality.
13 . 3 . 1 Before receiving infectious wastes as a new waste stream
and beginning to store, treat, process or dispose of
infectious waste, the owner or operator of a solid waste
disposal site or facility for which a certificate of
designation has been issued shall apply to amend that
certificate of designation.
13 . 3 . 2 A facility that has been in the business of treating
infectious waste prior to the promulgation of these
regulations and does not possess a certificate of
designation shall apply for a certificate of designation by
October 1, 1990. If a certificate of designation has not
been granted within one year of application and the
applicant has pursued a certificate of designation, the
Department may grant an extension to operate upon request
of the applicant.
13 . 3 . 3 If an application for a certificate of designation is
denied, the facility making such an application shall
immediately cease accepting infectious waste and arrange
for the disposal of all remaining wastes at the site or
facility in accord with the provisions of these
regulations.
13 . 3 . 4 An existing facility shall comply with local government
regulations and Sections 13 . 3 , 13 . 4 , 13 . 5 and 13 .6, 13 . 7 ,
13 . 8 of this section. The Colorado Department of Health
shall review required information to determine technical
compliance. Review by the Department shall not be in lieu
of local zoning or land use review nor shall technical
approval by the Department supersede local zoning or land
use decisions.
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13 . 4 APPROPRIATE TREATMENT METHODS Acceptable method of
treatment shall be those methods that will render infectious
wastes noninfectious. Such methods may include but not be
limited to incineration, autoclaving, decontamination,
sterilization or another method that may be approved of by
the Department or by reference in Title 25 Article 15
Sections 401 through 407 , Colorado Revised Statutes, that
will not present an endangerment to facility personnel or the
public.
13 . 4 . 1 Incinerators
(A) The siting and operation of an infectious waste
incinerator shall comply with 13 . 4, 13 . 5, 13 . 6, and 13 . 7 of
these regulations. However, the solid waste program of the
Department shall require a new facility to comply with
portions of Section 11 (Regulations for Solid Waste
Incineration Facilities) as appropriate. If conflicts or
overlap exists between the Division's regulations and those
of the Air Quality Control Division and the Water Quality
Control Division, the more stringent provisions shall apply.
(b) Ash from an infectious waste incinerator shall be tested
in order to assure that it is nonhazardous. The frequency
and methodology of treatment shall be established in the
Design and Operation Plan.
13 .4. 2 Autoclaves Operating procedures for autoclaves shall
include, but not be limited to the following:
(A) Adoption of standard written operating procedures
for each autoclave including time, temperature, pressure,
type of waste, type of container, closure on container,
pattern of loading, water content, and maximum load
quantity.
(B) Check of recording and/or indicating thermometers
during each complete cycle to ensure the attainment of a
temperature of 121° Celsius (250° F) for one-half hour or
longer, depending on quantity and compaction of the load,
in order to achieve decontamination of the entire load.
Thermometers shall be checked for calibration at least
quarterly.
(C) Use of heat sensitive tape or other device for each
container that is processed to indicate the attainment of
adequate sterilization conditions.
(D) Use of biological indicator Bacillus
stearothermophilus placed at the center of a load
processed under standard operating conditions at least
once a month to confirm the attainment of adequate
conditions.
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(E) Maintenance of records of procedures specified (a) ,
(b) , (c) , and (d) above for period of not less than one
year.
13 .4. 3 Discharge to a sewage treatment system that provides
secondary treatment of waste is permitted only if the
waste is liquid or semi-solid and only after
notifications of and written permission from the
wastewater treatment operator.
13 . 4 .4 Infectious waste consisting of recognizable human
anatomical remains shall not be disposed of by burial at
a landfill disposal facility, but shall be disposed of by
incineration or interment.
13 .5 RECORDKEEPING The following records must be maintained by
the facility and made available to the Department upon
request. These records shall be kept by the infectious waste
disposal facility regardless of the origin of the waste for
period of not less than two years.
13 . 5. 1 An infectious waste storage, processing, treatment or
disposal facility shall maintain adequate records
pertaining to the volume, type of waste, generator name
and address, type of transport, container types,
treatment and disposal methods, dates of pick-up,
treatment and disposal.
13 . 5.2 Operating records A daily log or an equivalent tracking
system shall be maintained by the facility operator to
record operational information such as:
(A) Hours of operation;
(B) Records to identify sources of incoming waste and to
support the mechanism in force to preclude hazardous or
unacceptable wastes from entering the facility;
(C) Equipment maintenance or replacement;
(D) Variations from approved operational procedures;
(E) Inspections performed at the facility and any
necessary action taken in response to them;
(F) Deviation from operating permit limits or conditions
of the certificate of designation, or similar imposed
conditions as well as corrective actions taken.
13 . 5. 3 MONITORING RECORDS
(A) The operator must maintain records of all stack tests
and continuous monitoring results for the facility
operations, as applicable to the type of treatment system in
use.
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(B) The operator must maintain records of any testing of ash
residues,and information regarding water discharges pursuant
to local ordinances, pretreatment standards or CPDES permits.
(C) The operation must maintain records of unauthorized
wastes received and returned to the generator or source.
13 . 6 ENGINEERING DESIGN AND OPERATION REQUIREMENTS FOR INFECTIOUS
WASTE FACILITIES The application shall include an
engineering design and operations report which shall include
at a minimum, the following:
13 . 6. 1 General Information
(A) Name, address and telephone number of the owner and
operator of the infectious disposal waste facility.
(B) Location of the site and facility giving the county and
legal description of the facility, mailing address, and
township, section and range to the nearest one-quarter (3-/) of
a
quarter-section.
(C) Area of the site.
(D) General description of the infectious waste disposal
facility.
(E) Discussion of the facility' s service area, including
transportation corridors and surrounding access.
(F) Listing of all permits or construction approvals
received or applied for including:
(1) Water Quality Permits;
(2) Air Quality Permits;
(3) Local Wastewater Treatment or other Local Permits.
13 . 6. 2 Maps and related information The application shall
contain a topographic map which shows the following:
(A) Names of present land owners, property boundaries,
including easements, rights of way, and other property
interests for the proposed infectious waste disposal
facility site and adjacent area; and a description of
title, deed, liens or usage restrictions affecting the
proposed infectious waste disposal facility.
(B) The location of any floodplain boundaries, springs,
streams, lakes, wetlands, constructed or natural drains
and irrigation ditches located on the proposed site and
adjacent area as applicable.
(C) The location of access roads to and within the
proposed site and area, including slopes, grades and
lengths of the roads. (D) Any water diversion,
collection, conveyance, treatment, storage and discharge
facilities to be used.
(E) All solid waste storage and loading areas.
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(F) The location, size and use of buildings and related
facilities which will be used in the operation, including
their horizontal and vertical dimensions.
(G) The Department may request additional information if
necessary to complete its review of the facility.
13 . 6. 3 Engineering Design Information
The application shall contain a detailed description of:
(A) The waste stream including sources, estimated volumes
processed, landfilled or otherwise disposed of.
(B) A flow chart showing the mechanical components of the
system and a materials balance depicting all process
variables including waste volumes, energy, ash, air and
water inputs and outputs as applicable.
(C) Expected materials to be stored prior to disposal, the
minimum and maximum volumes and weight, maximum time frames
expected for storage and specific plans for storage of
these materials.
(D) The floor plan of the facility and treatment area.
(E) Floors must have adequate drainage and be free of
standing water and constructed and maintained as a smooth,
easily cleanable surface.
(F) A detailed engineering description of the facility
including: (1) Type of treatment method and manufacturer's
name and model number; (2) Capacity of feed charging
system; (3) Description of the control system: air
control, warning systems, auxiliary fuel/waste feed cutoff,
waste moving/mixing system, fuel system as applicable; (4)
Computed residence time for waste in the treatment zone;
(5) A closure plan for decommissioning of the facility
addressing removal of all unprocessed solid waste, ash,
wash water or any other process residuals; (6) Other
information the Department may require including, but not
limited to, calculations and drawings.
13 . 6.4 Facility Overatinq Plan The application shall contain a
facility operating plan which includes:
(A) A narrative description of the general operating
plan for the proposed facility, including hours of
operation, daily operational methodology, procedures for
facility start-up, scheduled and unscheduled shutdown
operations, including utilization of process and
instrumentation controls for start-up and shutdown,
anticipated throughout design capacity.
(B) Provisions for alternative waste handling or
disposal during periods when the facility is not in
operation, including procedures to be followed in case of
equipment breakdown, such as the use of standby
equipment, extension of operating hours or arrangements
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for diversion of waste to other facilities and
anticipated disinfection procedures/treatments for any
partly treated waste.
(C) An operational safety, fire prevention and
contingency plan to minimize hazards to human health and
the environment resulting from fires, explosions, or
release of pollutants into the air, onto the soil or into
ground or surface water.
(D) Operations must be conducted in such a way as to
prevent litter and nuisance conditions from occurring.
Measures to prevent hazards or nuisance from vectors,
litter, odors, dust, noise or other potential sources
must be adopted.
(E) The number, classification and job descriptions of
personnel projected to be employed at the facility when
operating at full capacity.
(F) A plan for training equipment operators and other
personnel in the design and operation of the facility.
13 . 7 OPERATING REQUIREMENTS
13 . 7. 1 The Division shall be notified in writing of the
anticipated date of initial start-up of the facility not
more than 60 days nor less than 30 days prior to such
date and shall be notified in writing of the actual date
of commencement of start-up within 15 days after such
date.
13 . 7. 2 A facility must be operated in accordance with the
operating procedures specified in the approved
engineering design and operations report and in other
applicable permits.
13 .7. 3 Inspections of infectious waste disposal facilities shall
be allowed as defined in Section 1. 9 of the Regulations
and as may be modified or amended herein and in the
Certificate of Designation.
13 . 7. 4 No hazardous waste as defined in Section 25-15-101 (9) of
the Colorado Hazardous Waste Act may be received or
treated at an infectious waste disposal or treatment
facility unless the facility possesses a valid hazardous
waste permit.
13 . 7. 5 Infectious waste to be stored longer than 48 hours must
be stored inside an enclosed structure maintained at 45°
F or less which provides a minimum of three days
storage, considering both volume (cubic yards) and weight
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(tons) . Untreated waste may not be stored longer than
two weeks without written permission of the Department.
13 .7 . 6 All infectious waste shall be handled in such a way as to
maximize complete treatment of the waste.
13 .7 . 7 The facility must be inspected daily by the operator or
more frequently as necessary to detect problems with
vectors, litter, fugitive dust, leaks or breakage of
containers, odors or equipment malfunctions, with
inspection records maintained for two years and
corrective action implemented when problems are detected.
13 .7 .8 Access to the facility must be controlled at all times to
preclude unauthorized access or disposal.
13 .7 . 9 No person shall close an approved infectious waste
disposal facility without notifying the Department and
the local governing body having jurisdiction in writing
at least 60 days prior to the closure date.
13 .7 . 10 The facility shall be closed in accordance with
regulations in effect at the time of closure and with
the closure plan, which if amended, must be submitted for
review and approval by the Department 60 days prior to
closure.
13 .7 . 11 The owner/operator of a proposed infectious waste
disposal facility must notify state and local elected
officials having jurisdiction at least 60 days in advance
of the proposed opening of the facility.
13 .8 TRANSPORTATION REQUIREMENTS Transportation, handling and
storage of untreated infectious wastes shall comply with the
following minimum requirements:
13 .8 . 1 Receptacles containing infectious waste must be clearly
labeled with the biohazard symbol or with the words
"infectious waste" printed in letters no less than one
inch in height.
13 .8 . 2 Infectious waste must be stored, packaged, contained and
transported in a manner that prevents release of waste
material and in a manner such that nuisance conditions
shall not occur.
13 .8 . 3 Infectious waste that has been treated so that it is
noninfectious may be disposed of with other noninfectious
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special wastes or non-hazardous solid wastes. The
treatment facility shall be able to provide documentation
that the infectious waste has been treated according to
these regulations and is no longer infectious.
Documentation may be by written notice, heat sensitive
tape or other equivalent means. A transporter or
disposal facility may require this and additional
information in order to comply with 13 . 4 . Such
documentation shall constitute a presumption of non-
infectiousness per 25-15-407 and of appropriate treatment
and disposal per 25-15-405.
13 . 8 . 4 Contaminated sharps shall be placed in puncture resistant
containers and these shall be made noninfectious by an
acceptable treatment method as defined herein. Untreated
containers of sharps shall not be compacted.
13 .8. 5 Spills of infectious waste which occur during
transportation shall be cleaned up immediately by the
transporter according to standard procedures. Spills to
the environment or those exposing workers or the general
public to potential infection, shall be reported to the
Department and the local governing body having
jurisdiction within 24 hours. A written summary report
shall be sent to the Department within 7 days of the
incident.
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APPENDIX A
FINANCIAL ASSURANCE INSTRUMENT LANGUAGE
WORDING OF THE INSTRUMENTS
A trust agreement for a trust fund, in this section, must be
worded as follows, except that instruction in brackets are to be
replaced with the relevant information and the brackets deleted:
I. TRUST AGREEMENT
Trust Agreement, the "agreement" , entered into as of [date] by
and between [name of the owner or operator] , a [name of state]
[insert "corporation" , "partnership" , "association" , or
"proprietorship"] , the "grantor" , and [name of corporate
trustee] , [insert "incorporated in the state of Colorado" or "a
national bank"] , the "trustee. "
Whereas, the Colorado Department of Health, Hazardous Materials
and Waste Management Division, a regulatory agency of the State
of Colorado, has established certain regulations applicable to
the grantor, requiring that an owner or operator of a solid
waste facility shall provide assurance that funds will be
available when needed for closure and/or post-closure care of
the facility,
Whereas, the grantor has elected to establish a trust to
provide all or a part of such financial assurance for the
facilities identified herein,
Whereas, the grantor, acting through its duly authorized
officers, has selected the trustee to be the trustee under this
agreement, and the trustee is willing to act as trustee,
Now, therefore, the grantor and the trustee agree as follows:
Section 1. Definitions as used in this agreement:
(A) The term "grantor" means the owner or operator who enters
into this agreement and any successors or assigns of the
grantor.
(B) The term "trustee" means the trustee who enters into this
agreement and any successor trustee.
Section 2 . Identification of facilities and cost estimates
This agreement pertains to the facilities and cost estimates
identified on attached schedule a [on schedule a, for each
facility list the EPA identification number, name, address, and
the current closure and/or post-closure cost estimates, or
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115
portions thereof, for which financial assurance is demonstrated
by this agreement] .
Section 3 . Establishment of fund The grantor and the trustee
hereby establish a trust fund, the "fund" , for the benefit of
the Colorado Department of Health, Hazardous Materials and
Waste Management Division. The grantor and the trustee intend
that no third party have access to the fund except as herein
provided. The fund is established initially as consisting of
the property which is acceptable to the trustee, described in
Schedule B attached hereto. Such property and any other
property subsequently transferred to the trustee is referred to
as the fund, together with all earnings and profits thereon,
less any payments or distributions made by the trustee pursuant
to this agreement.
The fund shall be held by the trustee, in trust, as hereinafter
provided. The trustee shall not be responsible nor shall it
undertake any responsibility for the amount or adequacy of, nor
any duty to collect from the grantor, any payments necessary to
discharge any liabilities of the grantor established by the
Department.
Section 4 . Payment for closure and post-closure care
The trustee shall make payments from the fund as the Department
shall direct, in writing, to provide for the payment of the
costs of closure and/or post-closure care of the facilities
covered by this agreement. The trustee shall reimburse the
grantor or other persons as specified by the Department from
the fund for closure and post-closure expenditures in such
amount as the Department shall direct in writing. In addition,
the trustee shall refund to the grantor such amounts as the
Department specifies in writing. Upon refund, such funds shall
no longer constitute part of the fund as defined herein.
Section 5. Payment comprising the fund Payments made to the
trustee for the fund shall consist of cash or securities
acceptable to the trustee.
Section 6. Trustee management The trustee shall invest and
reinvest the principal and income of the fund and keep the fund
invested as a single fund, without distinction between
principal and income, in accordance with general investment
policies and guidelines which the grantor may communicate in
writing to the trustee from time to time, subject, however, to
the provisions of this section. In investing reinvesting,
exchanging, selling, and managing the fund, the trustee shall
discharge his duties with respect to the trust fund solely in
the interest of the beneficiary and with the care, skill,
prudence, and diligence under the circumstances then prevailing
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which persons of prudence, acting in a like capacity and
familiar with such matters, would use in the conduct of an
enterprise of a like character and with like aims; except
that:
(1) Securities or other obligations of the grantor, or any
other owner or operator of the facilities, or any of their
affiliates as defined in the Investment Company Act of 1940, as
amended, 15 U.S.C. 80A-2 . (A) , shall not be acquired or
held, unless they are securities or other obligations of the
federal or a state government;
(2) The trustee is authorized to invest the fund in time or
demand deposits of the trustee, to the extent insured by an
agency of the federal or state government; and
(3) The trustee is authorized to hold cash awaiting investment
or distribution uninvested for a reasonable time and without
liability for the payment of interest thereon.
Section 7 . Commingling and investment The trustee is
expressly authorized in its discretion:
(a) To transfer from time to time any or all of the assets of
the fund to any common, commingled, or collective trust fund
created by the trustee in which the fund is eligible to
participate, subject to all of the provisions thereof, to be
commingled with the assets of other trusts participating
therein; and
(b) To purchase shares in any investment company registered
under the investment company act of 1940, 15 U. S.C. 80A-1 et
seq. , including one which may be created, managed,
underwritten, or to which investment advice is rendered or the
shares of which are sold by the trustee. The trustee may vote
such shares in its discretion.
Section 8 . Express powers of trustee Without in any way
limiting the powers and discretions conferred upon the trustee
by the other provision of this agreement or by law, the trustee
is expressly authorized and empowered:
(A) To sell, exchange, convey, transfer, or otherwise dispose
of any property held by it, by public or private sale. No
person dealing with the trustee shall be bound to see to the
application of the purchase money or to inquire into the
validity or expediency of any such sale or other disposition;
(B) To make, execute, acknowledge, and deliver any and all
documents of transfer and conveyance and any and all other
instruments that may be necessary or appropriate to carry out
the powers herein granted;
(C) To register any securities held in the fund in its own
name or in the name of a nominee and to hold any security in
bearer form or in book entry, or to combine certificates
representing such securities with certificates of the same
JUNE 30, 1993
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117
issue held by the trustee in other fiduciary capacities, or to
deposit or arrange for the deposit of such securities in a
qualified central depository even though, when so deposited,
such securities may be merged and held in bulk in the name of
the nominee of such depository with other securities deposited
therein by another person, or to deposit or arrange for the
deposit of any securities issued by the united states
government, or any agency or instrumentality thereof, with a
federal reserve bank, but the books and records of the trustee
shall at all times show that all such securities are part of
the fund;
(D) To deposit any cash in the fund in interest-bearing
accounts maintained or savings certificates issued by the
trustee, in its separate corporate capacity, or in any other
banking institution affiliated with the trustee, to the extent
insured by an agency of the federal or state government; and
(E) To compromise or otherwise adjust all claims in favor of
or against the fund.
Section 9. Taxes and expenses All taxes of any kind that may
be assessed or levied against or in respect of the fund and all
brokerage commissions incurred by the fund shall be paid from
the fund. All other expenses incurred by the trustee in
connection with the administration of this trust, including
fees for legal services rendered to the trustee, the
compensation of the trustee to the extent not paid directly by
the grantor, and all other proper charges and disbursements of
the trustee shall be paid from the fund.
Section 10. Annual valuation The trustee shall annually, at
least 30 days prior to the anniversary date of establishment of
the fund, furnish to the grantor and to the Colorado Department
of Health a statement confirming the value of the trust. Any
securities in the fund shall be valued at market value as of no
more than 60 days prior to the anniversary date of
establishment of the fund. The failure of the grantor to
object in writing to the trustee within 90 days after the
statement has been furnished to the grantor and the Department
shall constitute a conclusively binding assent by the grantor,
barring the grantor from asserting any claim or liability
against the trustee with respect to matters disclosed in the
statement.
Section 11. Advice of counsel The trustee may from time to
time consult with counsel, who may be counsel to the grantor,
with respect to any question arising as to the construction of
this agreement or any action to be taken hereunder. The
trustee shall be fully protected, to the extent permitted by
law, in acting upon the advise of counsel.
JUNE 30, 1993
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118
Section 12 . Trustee compensation The trustee shall be
entitled to reasonable compensation for its services as agreed
upon in writing from time to time with the grantor.
Section 13 . Successor trustee The trustee may resign or the
grantor may replace the trustee, but such resignation or
replacement shall not be effective until the grantor has
appointed a successor trustee and this successor accepts the
appointment. The successor trustee shall have the same powers
and duties as those conferred upon the trustee hereunder. Upon
the successor trustee's acceptance of the appointment, the
trustee shall assign, transfer and pay over to the successor
trustee the funds and properties then constituting the fund.
If for any reason the grantor cannot or does not act in the
event of the resignation of the trustee, the trustee may apply
to a court of competent jurisdiction for the appointment of a
successor trustee or for instructions. The successor trustee
shall specify the date on which it assumes the administration
of the trust in a writing sent to the grantor, the Department,
and the present trustee by certified mail 10 days before such
change becomes effective. Any expenses incurred by the trustee
as a result of any of the acts contemplated by this section
shall be paid as provided in Section 9 .
Section 14 . Instructions to the trustee All orders, requests,
and instructions by the grantor to the trustee shall be in
writing, signed by such persons as are designated in the
attached Exhibit A or such other designees as the grantor may
designate by amendment to Exhibit A. The trustee shall be
fully protected in acting without inquiry in accordance with
the grantor' s orders, requests, and instructions. All orders,
requests, and instructions by the Department to the trustee
shall be in writing, signed by the director or his designees,
and the trustee shall act and shall be fully protected in
acting in accordance with such orders, requests, and
instructions. The trustee shall have the right to assume, in
the absence of written notice to the contrary, that no event
constituting a change or a termination of the authority of any
person to act on behalf of the grantor or Department hereunder
has occurred. The trustee shall have no duty to act in the
absence of such orders, requests, and instructions from the
grantor and/or the Department, except as provided for herein.
Section 15. Notice of nonpayment The trustee shall notify the
grantor and the Department, by certified mail within 10 days
following the expiration of the 30-days period after the
anniversary of the establishment of the trust, if no payment is
received from the grantor during that period. After the pay-in
JUNE 30, 1993
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119
period is completed, the trustee shall not be required to send
a notice of nonpayment.
Section 16. Amendment of agreement This agreement may be
amended by an instrument in writing executed by the grantor,
the trustee, and the Department, or by the trustee and the
Department if the grantor ceases to exist.
Section 17 . Irrevocability and termination Subject to the
right of the parties to amend this agreement as provided in
Section 16, this trust shall be irrevocable and shall continue
until terminated at the written agreement of the grantor, the
trustee and the Department, or by the trustee and the
Department, if the grantor ceases to exist. Upon termination
of the trust, all remaining trust property, less final trust
administration expenses, shall be delivered to the grantor.
Section 18 . Immunity and indemnification The trustee shall not
incur personal liability of any nature in connection with any
act or omission, made in good faith, in the administration of
this trust, or in carrying out any directions by the grantor or
the Department issued in accordance with this agreement. The
trustee shall be indemnified and saved harmless by the grantor
or from the trust fund, or both, from and against any personal
liability to which the trustee may be subjected by reason of
any act or conduct in its official capacity, including all
expenses reasonably incurred in its defense in the event the
grantor fails to provide such defense.
Section 19 . Choice of law This agreement shall be
administered, construed, and enforced according to the laws of
the State of Colorado.
Section 20. Interpretation As used in this agreement, words
in the singular include the plural and words in the plural
include the singular. The descriptive headings for each
section of this agreement shall not affect the interpretation
or the legal efficacy of this agreement.
In witness whereof the parties have caused this agreement to be
executed by their respective officers duly authorized and their
corporate seals to be here unto affixed and attested as of the
date first above written: The parties below certify that the
wording of this agreement is identical to the wording specified
in these regulations were constituted on the date first above
written.
[SIGNATURE OF GRANTOR]
[TITLE]
[SEAL]
JUNE 30, 1993
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120
ATTEST: [SIGNATURE OF ATTESTOR]
[TITLE]
[SIGNATURE OF TRUSTEE]
[NAME OF TRUSTEE]
[TITLE]
[SEAL]
ATTEST: [SIGNATURE OF ATTESTOR]
[TITLE]
Note: If the EPA regional administrator is primary
beneficiary of the trust, an amendment to the trust agreement
must be made changing the primary beneficiary to the Colorado
Department of Health, Hazardous Materials and Waste Management
Division.
The following is an example of the certification of
acknowledgment which must accompany the trust agreement for a
trust fund as specified in of these regulations.
State of
County of
On this [date] , before me personally came [owner or operator]
to me known, who, being by me duly sworn, did depose and say
that she/he resides at [address] , that she/he is [title] of
[corporation] , the corporation described in and which executed
the above instrument; that she/he knows the seal of said
corporation; that the seal affixed to such instrument is such
corporate seal; that it was so affixed by order of the board of
directors of said corporation, and that she/he signed her/his
name thereto by like order.
[Signature of notary public]
[reserved]
[reserved]
[reserved]
Irrevocable standby letter of credit. A letter of credit,
specified in these regulations, must be worded as follows,
except that instructions in brackets are to be replaced with
the relevant information and the brackets deleted:
Director
Colorado Department of Health
Hazardous Materials and Waste Management Division
4300 Cherry Creek Drive South
Denver, Colorado 80222-1530
JUNE 30, 1993
(EFFECTIVE DATE OCTOBER 9, 1993)
121
Dear Sir or Madam:
We hereby establish our irrevocable standby letter of credit
no. In your favor, at the request and for the
account of [owner' s or operator' s name and address] up to the
aggregate amount of [in words] U.S. Dollars $
available upon presentation of:
(1) Your sight draft bearing reference to this letter of
credit no. , and
(2) Your signed statement reading as follows: "I certify
that the amount of the draft is payable pursuant to regulations
issued under authority of the Colorado Solid Wastes Disposal
Sites and Facilities Act as amended. "
This letter of credit is effective as of [date] and shall
expire on [date at least 1 year later] , but such expiration
date shall be automatically extended for a period of [at least
1 year] on [date] and on each successive expiration date,
unless, at least 120 days before the current expiration date,
we notify both you and [owner' s or operator's name] by
certified mail that we have decided not to extend this letter
of credit beyond the current expiration date. In the event you
are so notified, any unused portion of the credit shall be
available upon presentation of your sight draft, for 120 days
after the date of receipt by both you and [owner' s or
operator' s name] , as shown on the signed return receipts.
Whenever this letter of credit is drawn on under and in
compliance with the terms of this credit, we shall duly honor
such draft upon presentation to us, and we shall deposit the
specified amount of the draft directly into the standby trust
fund of [owner's or operator's name] , in accordance with your
instructions, unless an alternate mechanism has been
established by the State of Colorado to directly receive
monies.
We certify that the wording of this letter of credit is
identical to the wording specified as such regulations were
constituted on the date shown immediately below.
[Signature(s) and title(s) of official (s) of issuing
institution] [date]
This credit is subject to [insert "the most recent edition of
the Uniform Customs and Practice for Documentary Credits,
published by the International Chamber of Commerce, " or "the
Uniform Commercial Code" ] .
JUNE 30, 1993
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122
Note: If the EPA regional administrator is primary
beneficiary of the trust, an amendment to the trust agreement
must be made changing the primary beneficiary to the Colorado
Department of Health, Hazardous Materials and Waste Management
Division.
III. Surety bond
A surety bond guaranteeing payment into a trust fund, as
specified in these regulations, must be worded as follows,
except that instructions in brackets are to be replaced with
the relevant information and the brackets deleted:
Financial guarantee bond
Date bond executed:
Effective date:
Principal: [legal name and business address of owner or
operator]
Type of organization: [insert "individual" , "joint venture" ,
"partnership" , or "corporation"]
state of incorporation:
surety(ies) : [name(s) and business address(es) ]
EPA identification number, name, address, and closure and/or
post-closure amount(s) for each facility guaranteed by this
bond
[Indicate closure and/or post-closure amount separately] :
Total penal sum of bond: $
Surety' s bond number:
Know all persons by these presents, that we, the principal
and surety(ies) hereto are firmly bound to the Colorado
Department of Health, Hazardous Materials and Waste Management
Division in the above penal sum for the payment of which we
bind ourselves, our heirs, executors, administrators,
successors, and assigns jointly and severally; provided that,
where the surety(ies) are corporations acting as co-sureties,
we, the sureties, bind ourselves in such sum "jointly and
severally" only for the purpose of allowing a joint action or
action against any or all of us, and for all other purposes
each surety binds itself, jointly and severally with the
principal, for the payment of such sum only as is set forth
opposite the name of such surety, but if no limit of liability
is indicated, the limit of liability shall be the full amount
of the penal sum.
JUNE 30, 1993
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123
Whereas said principal is required, under the Colorado
regulations pertaining to Solid Waste Disposal Sites and
Facilities, to have a permit or interim status in order to own
or operate each solid waste management facility identified
above, and
Whereas said principal is required to provide financial
assurance for closure, or closure and post-closure care, as a
condition of the permit or interim status, and
Whereas said principal shall establish a standby trust fund
as is required when a surety bond is used to provide such
financial assurance, unless an alternate mechanism has been
established by the State of Colorado to directly receive
monies.
Now, therefore, the conditions of the obligation are such
that if the principal shall faithfully, before the beginning of
final closure of each facility identified above, fund the
standby trust fund in the amounts) identified above for the
facility,
Or, if the principal shall fund the standby trust fund in
such amount(s) within 15 days after an order to begin closure
is issued by the Department or a U.S. District court or other
court of competent jurisdiction,
Or, if the principal shall provide alternate financial
assurance, as specified in these regulations and obtain the
Department 's written approval of such assurance, within 90 days
after the date notice of cancellation is received by both the
principal and the Department from the surety(ies) , then this
obligation shall be null and void, otherwise it is to remain in
full force and effect.
The surety(ies) shall become liable on this bond obligation
only when the principal has failed to fulfill the conditions
described above. Upon notification by the Department that the
principal has failed to perform as guaranteed by this bond, the
surety(ies) shall place funds in the amount guaranteed for the
facility(ies) into the standby trust fund as directed by the
Department.
The liability of the surety(ies) shall not be discharged by
any payment or succession of payments hereunder, unless and
until such payment or payments shall amount in the aggregate to
the penal sum of the bond, but in no event shall the obligation
of the surety(ies) hereunder exceed the amount of said penal
sum.
The surety(ies) may cancel the bond by sending notice of
cancellation by certified mail to the principal and to the
Department, provided, however, that cancellation shall not
occur during the 120 days beginning on the date of receipt of
the notice of cancellation by both the principal and the
Department, as evidenced by the return receipts.
JUNE 30, 1993
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124
The principal may terminate this bond by sending written
notice to the surety(ies) , provided, however, that no such
notice shall become effective until the surety(ies) receive(s)
written authorization for termination of the bond by the
Department.
[The following paragraph is an optional rider that may be
included but is not required: ]
The principal and surety(ies) hereby agree to adjust the
penal sum of the bond yearly so that it guarantees a new
closure and/or post-closure amount, provided that the penal sum
does not increase by more than 20 percent in any one year, and
no decrease in the penal sum takes place without the written
permission of the Department.
In witness whereof, the principal and surety(ies) have
executed this financial guarantee bond and have affixed their
seals on the date set forth above.
The persons whose signatures appear below hereby certify that
they are authorized to execute this surety bond on behalf of
the principal and surety(ies) and that the wording of this
surety bond is identical to the wording specified in the
applicable regulations were constituted on the date this bond
was executed.
Principal
[Signature(s) ]
[Name(s) ]
[Title(s) ]
[Corporate seal]
Corporate surety(ies)
[Name and address]
State of incorporation:
Liability limit: $
[Signature(s) ]
[Name(s) and title(s) ]
[Corporate seal]
[For every co-surety, provide signature(s) ,
Corporate seal, and other information in the same
manner as for surety above. ]
Bond premium: $
IV. A surety bond guaranteeing performance of closure and/or
post-closure care, or corrective action as specified, must be
worded as follows, except that the instructions in brackets are
to be replaced with the relevant information and the brackets
deleted.
Performance bond
JUNE 30, 1993
(EFFECTIVE DATE OCTOBER 9, 1993)
125
Date bond executed:
Effective date:
Principal: [legal name and business address of owner or
operator]
Type of organization: [insert "individual, ' "joint venture, "
"Partnership, " or "corporation"]
State of incorporation:
surety(ies) :
[Name(s) and business address(es) ]
EPA identification number, name, address, and closure and/or
post-closure amount(s) for each facility guaranteed by this
bond (indicate closure and post-closure amounts separately] :
Total penal sum of bond: $
Surety's bond number:
Know all persons by these presents, that we, the principal
and surety(ies) hereto are firmly bound to the Colorado
Department of Health (hereinafter referred to as the
Department) , in the above penal sum for the payment of which we
bind ourselves, our heirs, executors, administrators
successors, and assigns jointly and severally; provide that,
where the surety(ies) are corporations acting as co-sureties,
we, the sureties, bind ourselves in such sum "jointly and
severally" only for the purpose of allowing a joint action or
actions against any or all of us, and for all other purposes
each surety binds itself, jointly and severally with the
principal, for the payment of such sum only as is set forth
opposite the name of such surety, but if no limit of liability
is indicated, the limit of liability shall be the full amount
of the penal sum.
Whereas said principal is required, under the Colorado Solid
Wastes Disposal Sites and Facilities Act as amended, to have a
permit in order to own or operate each solid waste management
facility identified above, and
Whereas said principal is required to provide financial
assurance for closure, or closure and post-closure care, as a
condition of the permit, and Whereas said principal shall
establish a standby trust fund as is required when a surety
bond is used to provide such financial assurance, unless an
alternate mechanism has been established by the State of
Colorado to directly receive monies;
Now, therefore, the conditions of this obligation are such
that if the principal shall faithfully perform closure,
whenever required to do so, of each facility for which this
bond guarantees closure, in accordance with the closure plan
and other requirements of the permit as such plan and permit
may be amended, pursuant to all applicable laws, statutes,
JUNE 30, 1993
(EFFECTIVE DATE OCTOBER 9, 1993)
126
rules, and regulations, as such laws, statutes, rules, and
regulations may be amended.
And, if the principal shall faithfully perform post-closure
care of each facility for which this bond guarantees
post-closure care, in accordance with the post-closure plan and
other requirements of the permit, as such plan and permit may
be amended, pursuant to all applicable laws, statutes, rules,
and regulations, as such laws, statutes, rules, and regulations
may be amended.
Or, if the principal shall provide alternate financial
assurance as specified in these regulations, and obtain the
Department's written approval of such assurance, within 90 days
after the date notice of cancellation is received by both the
principal and the Department from the surety(ies) , then this
obligation shall be null and void, otherwise it is to remain in
full force and effect.
The surety(ies) shall be come liable on this bond obligation
only when the principal has failed to fulfill the conditions
described above.
Upon notification by the Department that the principal has
been found in violation of the closure requirements of these
regulations, for a facility for which this bond guarantees
performances of closure, the surety(ies) shall either perform
closure in accordance with the closure plan and other permit
requirements or place the closure amount guaranteed for the
facility into the standby trust fund as directed by the
Department.
Upon notification by the Department that the principal has
failed to provide alternate financial assurance as specified in
these regulations, and obtain written approval of such
assurance from the Department during the 90 days following
receipt by both the principal and the Department of a notice of
cancellation of the bond, the surety(ies) shall place funds in
the amount guaranteed for the facility(ies) into the standby
trust fund as directed by the Department.
The surety(ies) hereby waive(s) notification of amendments to
closure plans, permits, applicable laws, statutes, rules, and
regulations and agrees that no such amendment shall in any way
alleviate its (their) obligation on this bond.
The liability of the surety(ies) shall not be discharged by
any payment or succession of payments hereunder, unless and
until such payment or payments shall amount in the aggregate to
the penal sum of the bond, but in no event shall the obligation
of the surety(ies) hereunder exceed the amount of said penal
sum. The surety(ies) may cancel the bond by sending notice of
cancellation by certified mail to the owner or operator and to
the Department provided, however, that cancellation shall not
occur during the 120 days beginning on the date of receipt of
JUNE 30, 1993
(EFFECTIVE DATE OCTOBER 9 , 1993)
127
the notice of cancellation by both the principal and the
Department, as evidenced by the return receipts.
The principal may terminate this bond by sending written
notice to the surety(ies) , provided, however, that no such
notice shall become effective until the surety(ies) receive(s)
written authorization for termination of the bond by the
Department.
[The following paragraph is an optional rider that may be
included but is not required. ]
Principal and surety(ies) hereby agree to adjust the penal
sum of the bond yearly so that it guarantees a new closure
and/or post-closure amount, provided that the penal sum does
not increase by more than 20 percent in any one year, and no
decrease in the penal sum takes place without the written
permission of the Department.
In witness whereof, the principal and surety(ies) have
executed this performance bond and have affixed their seals on
the date set forth above.
The persons whose signatures appear below hereby certify that
they are authorized to execute this surety bond on behalf of
the principal and surety(ies) and that the wording of this
surety bond is identical to the wording specified in the
applicable regulations.
Principal
[Signature(s) ]
[Name(s) ]
[Title(s) ]
[Corporate seal]
Corporate surety(ies)
[Name and address]
State of incorporation: Liability limit:
$ [Signature(s) ]
[Name(s) and title(s) ]
[Corporate seal]
[For every co-surety, provide signature(s) , corporate seal, and
other information in the same manner as for surety above. ]
Bond premium: $
V. Insurance
(1) The standard insurance industry certificate of insurance form
(accord form) , as prescribed by the Colorado Insurance
Commission, shall be used to evidence closure and/or
post-closure care assurance and liability coverage. The
following information is to be included in the certificate of
insurance:
JUNE 30, 1993
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128
(A) Name, address, and telephone number of agency; and the
underwriter
(B) Name and EPA I.D. Number of facility being covered (if
list is too long additional pages may be attached) .
(C) Indication of type of coverage (sudden, non-sudden, or
both)
(D) Amount of coverage (sudden, non-sudden, or both)
(E) A statement of certification, in the comment section,
worded as follows, except that instructions in brackets are
to be replaced with the relevant information and the brackets
deleted:
"This certificate certifies that the policy to which this
certificate applies, provides [insert liability insurance
covering bodily injury and property damage and/or closure
and/or post-closure care or corrective action coverage] in
connection with the insured's obligation to demonstrate
financial responsibility under the applicable regulations.
(F) Authorized company representatives ' signature
(2) Cancellation of this policy, whether by the insurer or the
insured, will be effective only upon written notice and only
after the expiration of sixty (60) days after a written
notice of cancellation is received by the Department.
JUNE 30, 1993
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129
Appendix B
Ground Water Monitoring
Appendix B uses 40 CFR Part 258 (Solid Waste Disposal Facility
Criteria, October 9, 1991) as a reference document. Part 258
reference numbers, contained herein, are intentionally used for
cross reference to the federal document.
B1 Applicability [40 CFR 258. 50]
Ground water monitoring requirements in the Appendix B may be
waived by the Department after consultation with the local
governing body having jurisdiction if the owner or operator
demonstrates that there is no migration potential for hazardous
substances, pollutants and contaminants from that solid waste
disposal site and facility to ground water during the life of the
facility and the post-closure care period. If ground water
monitoring requirements are waived, the operator must continue to
demonstrate that no potential exists for migration of hazardous
substances, pollutants and contaminants from the facility. Such
demonstration shall be evaluated by the operator and submitted to
the Department and the local governing body having jurisdiction
every five years. This demonstration must be certified by a
qualified ground water scientist and approved by the Department,
and be based upon:
(1) Site-specific field collected measurements, sampling, and
analysis of physical, chemical, and biological processes
affecting contaminant fate and transport, and
(2) Contaminant fate and transport predictions that maximize
contaminant migration and consider impacts on human health and
environment, and
(3) Distance to drinking water intakes.
B2 Ground water monitoring systems f40 CFR 258 . 511
(A) A ground water monitoring system must consist of a sufficient
number of monitoring wells installed at appropriate locations and
depths which will yield ground water samples that:
(1) Represent the quality of background ground water that has
not been affected by leakage from a unit. A determination of
background quality may include sampling of wells that are not
hydraulically upgradient of the waste management unit where:
(a) Hydrogeologic conditions do not allow the owner or
operator to determine what wells are hydraulically
upgradient; or
(b) Sampling at other wells will provide an indication of
background ground water quality that is as representative or
more representative than that provided by the hydraulically
upgradient wells; and
JUNE 30, 1993
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130
(2) Represent the quality of ground-water at the relevant point
of compliance specified in Section 2 . 1. 15. The downgradient
monitoring system must be installed at the relevant point of
compliance specified by the Department under 40 CFR 258 . 40 (D)
that is capable of detecting ground water contamination. When
physical obstacles preclude installation of ground water
monitoring wells at the relevant point of compliance at
existing units, the down-gradient monitoring system may be
installed at the closest practicable distance hydraulically
down-gradient from the relevant point of compliance specified
by the Department under 40 CFR 258 . 40 (D) that is capable of
detecting ground water contamination.
(B) Monitoring wells must be cased in a manner that maintains the
integrity of the monitoring well bore hole. This casing must be
screened or perforated and packed with gravel or sand, where
necessary, to enable collection of ground water samples. The
annular space (i.e. , the space between the bore hole and well
casing) above the sampling depth must be sealed to prevent
contamination of samples and the ground water. Ground water
monitoring wells and points are designed and installed in
accordance with applicable rules and regulations pursuant to the
"Water Well and Pump Installation Contractor' s Act" , Title 37,
Article 91, Part 1, CRS, as amended
(1) The owner or operator must document the design,
installation, development, and decommission of any monitoring
wells, piezometers and other measurements, sampling, and
analytical devices. Documentation shall be placed in the
operating record and shall be submitted to the Department and
the local governing body having jurisdiction.
(2) The monitoring wells, piezometers, and other measurement,
sampling, and analytical devices must be operated and
maintained so that they perform to design specifications
throughout the life of the monitoring program.
(C) The number, spacing, and depths of monitoring systems shall
be:
(1) Determined based upon site-specific technical information
that must include thorough characterization of the:
(a) Saturated thickness, ground water flow rate, ground water
flow direction including seasonal and temporal fluctuations
in ground-water flow; and
(b) Saturated and unsaturated geologic units and fill
materials overlying the uppermost aquifer, materials
comprising the uppermost aquifer, and materials comprising
the confining unit defining the lower boundary of the
uppermost aquifer; including, but not limited to:
thicknesses, stratigraphy, lithology, hydraulic
conductivities, porosities and effective porosities.
(2) Certified by a qualified ground water scientist and
approved by the Department and the local governing body having
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131
jurisdiction. Within 14 days, the owner or operator must place
documentation in the operating record and be submitted to the
Department and the local governing body having jurisdiction.
(D) Alternative monitoring systems
Alternative monitoring systems may be approved by the Department
based on site specific technical information. Alternative
monitoring includes the following: vadose zone monitoring,
wet/dry monitoring or other alternative monitoring systems that
are sufficient to detect changes in the subsurface condition
and/or contaminants from the facility at the relevant point of
compliance.
B3 Ground water sampling and analysis requirements 140 CFR 258 . 53]
(A) The ground water monitoring program must include consistent
sampling and analysis procedures that are designed to ensure
monitoring results that provide an accurate representation of
ground water quality at the background and downgradient wells
installed in compliance with 40 CFR 258 . 51 (A) . The owner or
operator must notify the Department and the local governing body
having jurisdiction that the sampling and analysis program
documentation has been placed in the operating record and the
program must include procedures and techniques for:
(1) Sample collection;
(2) Sample preservation and shipment;
(3) Analytical procedures;
(4) Chain of custody control; and
(5) Quality assurance and quality control.
(B) The ground water monitoring program must include sampling and
analytical methods that are appropriate for ground water sampling
and that accurately measure hazardous constituents and other
monitoring parameters in ground water samples. Analytical
methods shall be according to Colorado Department of Health
guidelines, or an EPA approved method, for constituents listed in
Appendix I and Appendix II.
(C) The sampling procedures and frequency must be protective of
human health and the environment.
(D) Ground water elevations must be measured in each well
immediately prior to purging, each time ground water is sampled.
Changes in the rate and directions of ground water flow should be
evaluated at a frequency appropriate to site-specific
hydrogeologic conditions. Ground water elevations in wells which
monitor the same waste management area must be measured within a
period of time short enough to avoid temporal variations in
ground water flow which could preclude accurate determination of
ground water flow rate and direction.
(E) The owner or operator must establish background ground water
quality in a hydraulically upgradient or background well (s) for
each of the monitoring parameters or constituents required in the
particular ground water monitoring program that applies to the
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solid waste disposal site and facility, as determined under 40
CFR 258 . 54 (A) or 40 CFR 258 . 55 (A) . Background ground water
quality may be established at wells that are not located
hydraulically upgradient from the solid waste disposal site and
facility if it meets the requirements of 40 CFR 258. 51(A) (1) .
(F) The number of samples collected to establish ground water
quality data must be consistent with the appropriate statistical
procedures determined pursuant to paragraph (G) of this section.
The sampling procedures shall be those specified under 40 CFR
258. 54 (B) for detection monitoring, 40 CFR 258. 55 (B) and (D) for
assessment monitoring, and 40 CFR 258 . 56 (B) of corrective action.
(G) Following collection of background constituent concentration
data, the owner or operator must specify in the operating record
one or more of the following statistical methods to be used in
evaluating ground water monitoring data for each hazardous
constituent. The statistical test chosen shall be conducted
separately for each hazardous constituent in each well. Any
changes in statistical methodology from the specified method(s)
shall be reviewed and approved by the Department within two weeks
of the request and entered into the operating record. After
background data has been collected, a statistical analysis will
be specified.
(1) A parametric analysis of variance (ANOVA) followed by
multiple comparisons procedures to identify statistically
significant evidence of contamination. The method must include
estimation and testing of the contrasts between each compliance
well ' s mean and the background mean levels for each
constituent.
(2) An analysis of variance (ANOVA) based on ranks followed by
multiple comparisons procedures to identify statistically
significant evidence of contamination. The method must include
estimation and testing of the contrasts between each compliance
well ' s median and the background median levels for each
constituent.
(3) 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.
(4) A control chart approach that gives control limits for each
constituent.
(5) A trend analysis approach to evaluate the significance of
an apparent change in water quality over time at a given well.
(6) Another statistical test method that meets the performance
standards of 40 CFR 258. 53 (H) . The owner or operator must
place a justification for this alternative in the operating
record and notify the Department of the use of this alternative
test. The justification must demonstrate that the alternative
method meets the performance standards of 40 CFR 258. 53 (H) .
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(H) Any statistical method chosen under 40 CFR 258 . 53 (G) shall
comply with the following performance standards, as appropriate:
(1) The statistical method used to evaluate ground water
monitoring data shall be appropriate for the distribution of
chemical parameters or hazardous constituents. If the
distribution of the chemical parameters or hazardous
constituents is shown by the owner or operator to be
inappropriate for a normal theory test, then the data should be
transformed, or a distribution-free theory test should be used.
If the distributions for the constituents differ, more than one
statistical method may be needed.
(2) If an individual well comparison procedure is used to
compare an individual compliance well constituent concentration
with background constituent concentrations or a ground-water
protection standard, the test shall be done at a Type I error
level no less than 0. 01 For each testing period. If a multiple
comparisons procedure is used, the type I experiment wise error
rate for each testing period shall be no less than 0. 05;
However, the type I error of no less than 0. 01 for individual
well comparisons must be maintained. This performance standard
does not apply to tolerance intervals, prediction intervals, or
control charts.
(3) If a control chart approach is used to evaluate ground
water monitoring data, the specific type of control chart and
its associated parameter values shall be protective of human
health and the environment. The parameters shall 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) If a tolerance interval or a prediction interval is used to
evaluate ground water monitoring data, the levels of confidence
and, for tolerance intervals, the percentage of the population
that the interval must contain, shall be protective of human
health and the environment. These parameters shall 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.
(5) The statistical method shall account for data below the
limit of detection with one or more statistical procedures that
are protective of human health and the environment. Any
practical quantitation limit (PQL) that is used in the
statistical method shall 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.
(6) If necessary, the statistical method shall include
procedures to control or correct for seasonal and spatial
variability as well as temporal correlation in the data.
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(I) The owner or operator must determine whether or not there is
a statistically significant increase over background values for
each parameter or constituent required in the particular ground
water monitoring program that applies to the solid waste disposal
site and facility, as determined under 40 CFR 258. 54 (A) or 40 CFR
258 . 55 (A) .
(1) In determining whether a statistically significant increase
has occurred, the owner or operator must compare the ground-
water quality of each parameter or constituent at each
monitoring well designated pursuant to 40 CFR 258. 51 (A) (2) to
the background value of that constituent, according to the
statistical procedures and performance standards specified
under paragraphs (G) and (H) of this section.
(2) Within 30 days after completing sampling and analysis, the
owner or operator must determine whether there has been a
statistically significant increase over background at each
monitoring well and notify the Department.
B4 Detection monitoring program 140 CFR 258. 54]
(A) Detection monitoring is required at solid waste disposal
sites and facilities at all ground water monitoring wells defined
under 40 CFR 258 .51 (A) (1) and (A) (2) of this part. At a minimum,
a detection monitoring program must include the monitoring for
the constituents listed in appendix is of this part. A detection
monitoring program for solid waste disposal site and facility
must also include the monitoring for constituents listed in
Appendix IB.
(1) The Department after consultation with the local governing
body having jurisdiction may delete any of the Appendix I
monitoring parameters for a solid waste disposal site and
facility on a site specific basis, if it can be shown that the
removed constituents are not reasonably expected to be in or
derived from the waste contained in the facility.
(2) The Department after consultation with the local governing
body having jurisdiction may add to the Appendix IA or IB
monitoring parameters for a solid waste disposal site and
facility on a site specific basis. The additional analytes
will be selected using the following minimum criteria:
(a) An "acceptable" analytical method exists. An acceptable
method should be validated to demonstrate it is capable of
generating reliable data on a routine basis. Additionally,
it should be standardized and thus readily available from
commercial laboratories.
(b) A calibration standard is commercially available and
readily obtainable.
(c) The analyte is chemically stable in the sample matrix
with appropriate but not unreasonable collection and
preservation techniques.
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135
(d) If there exists a reasonable expectation that the
additional analyte will be present due to site specific
conditions, or the additional analyte will be a reliable
indictor of ground water chemistry and possible precursor to
other more hazardous constituents that may be released later
from the solid waste disposal site and facility.
(3) In determining the addition or deletion of Appendix IA or
IB constituents, the Department shall consider the following
factors:
(a) The types, quantities, And concentrations of constituents
in wastes managed at the solid waste disposal sites and
facilities, and
(b) The mobility, stability, and persistence of
waste constituents or their reaction products in the
unsaturated zone beneath the mswlf unit.
(B) To establish background concentrations, a minimum of eight
quarterly samples from each well must be collected and analyzed
for the Appendix IA & IB constituents, or the list approved in
accordance with paragraph (A) of this section. The Department
may specify an appropriate monitoring frequency for repeated
sampling and analysis for Appendix IA & IB constituents, or the
list approved in accordance with paragraph (a) of this section,
during the active life and the post-closure care period. The
monitoring frequency during the active life (including closure)
shall be no less than semi-annual, unless approved by the
Department. The alternative frequency shall be based on
consideration of the following factors:
(1) Lithology of the saturated and unsaturated zone;
(2) Hydraulic conductivity of the ground water and unsaturated
zone;
(3) Ground water flow rates;
(4) Minimum distance between upgradient edge of the solid waste
disposal site and facility unit and downgradient monitoring
well screen (minimum distance of travel) ; and
(5) Resource value of the ground water.
(6) For landfills this schedule shall be no less stringent than
40 CFR 258 . 54 (B) .
(C) If the owner or operator determines, pursuant to 40 CFR
258 . 53 (G) of this part, that there is a statistically significant
increase over background for one or more of the constituents
listed in Appendix I a or IB or the list approved in accordance
with paragraph (A) of this section, at any monitoring well at the
boundary specified under 40 CFR 258 . 51 (A) (2) , the owner or
operator:
(1) Must place documentation in the facility operating record
indicating which constituents have shown statistically
significant changes from background levels and forward the
documentation to the Department and the local governing body
having jurisdiction within 14 days; and
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(2) Must establish an assessment monitoring program meeting the
requirements of 40 CFR 258 .55 of this part within 90 days
except as provided for in paragraph (3) below.
(3) May demonstrate that a source other than a SWDSF caused the
contamination or that the statistically significant increase
resulted from error in sampling, analysis, statistical
evaluation, or natural variation in ground water quality. A
report documenting this demonstration must be certified by a
qualified ground water scientist and approved by the Department
and the local governing body having jurisdiction and be placed
in the operating record. If a successful demonstration is made
and documented, the owner or operator may continue detection
monitoring as specified in this section. If, after 90 days, a
successful demonstration is not made, the owner or operator
must initiate an assessment monitoring program as required in
40 CFR 258. 55.
B5 Assessment monitoring program [40 CFR 258 . 551
(A) Assessment monitoring is required whenever a statistically
significant increase over background has been detected for one or
more of the constituents listed in the Appendix IA or IB or in
the list approved in accordance with 40 CFR 258 . 54 (A) (1) &
(a) (2) .
(B) Within 90 days of triggering an assessment monitoring
program, and annually thereafter, the owner or operator of a
sanitary landfill must sample and analyze the ground water for
all constituents identified in Appendix II of this part. A
minimum of one sample from each potentially affected well must be
collected and analyzed during each sampling event. For any
constituent detected in the these wells as a result of the
complete Appendix II analysis, a minimum of four independent
samples, or an alternate sampling schedule approved by the
Department, from each well (background and downgradient) must be
collected and analyzed to establish background for the
constituents. The Department may specify an appropriate subset
of wells to be sampled and analyzed for Appendix II constituents
during assessment monitoring. The Department may delete any of
the Appendix II monitoring parameters for a MSWLF unit if it can
be shown that the removed constituents are not reasonably
expected to be in or derived from the waste contained in the
unit.
(C) Solid waste disposal sites and facilities, other than
sanitary landfill, must also conduct an assessment monitoring
program. The parameters of the assessment monitoring program
shall be determined by the owner or operator and the Department
based on consideration of:
(1) The types, quantities and concentrations of constituents in
wastes managed at the solid waste disposal site and facility,
and
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137
(2) The mobility, stability, and persistence of waste
constituents or their reaction products in the unsaturated zone
beneath the solid waste disposal site and facility.
(D) The Department may specify an appropriate alternate frequency
for repeated sampling and analysis for the full set of Appendix
II constituents or the list approved in accordance with 40 CFR
258 . 55 (C) , during the active life (including closure) and post-
closure care of the unit considering the following factors:
(1) Lithology of the aquifer, monitored and unsaturated zone;
(2) Hydraulic conductivity of the aquifer, monitored and
unsaturated zone;
(3) Ground water flow rates;
(4) Minimum distance between upgradient edge of the MSWLF unit
and downgradient monitoring well screen (minimum distance of
travel) ;
(5) Resource value of the aquifer and monitored unit; and
(6) Nature (fate and transport) of any constituents detected in
response to this section.
(E) After obtaining the results from the initial or subsequent
sampling events required in 40 CFR 258 . 55 (B) , (C) and (D) , the
owner or operator must:
(1) Within 14 days, place documentation in the operating record
identifying the detected Appendix II constituents or the list
approved in accordance with 40 CFR 258 . 55 (C) , and submit the
documentation to the Department and the local governing body
having jurisdiction;
(2) Within 90 days, and on a semiannual basis thereafter:
(a) Resample all wells specified by 40 CFR 258 . 51 (A) ;
(b) Conduct analyses for all constituents in Appendix IA & IB
or in the alternative list approved in accordance with 40 CFR
258. 54 (A) (2) , and for those constituents in Appendix II or
the list approved in accordance with 40 CFR 258 . 55 (C) that
are detected in response to 40 CFR 258 . 55 (B) , (c) and (d) ;
and
(c) Record their concentrations in the facility operating
record and submit them to the Department and the local
governing body having jurisdiction.
(3) At least one sample from each well must be collected and
analyzed during these sampling events. The Department may
specify an alternative monitoring frequency during the active
life (including closure) and the post-closure period for the
constituents referred above to in this paragraph. The
alternative frequency for Appendix IA & IB constituents, or the
list approved in accordance with 40 CFR 258. 54 (A) (2) , during
the active life (including closure) shall be no less than
annual. The alternative frequency shall be based on
consideration of the factors specified in 40 CFR 258 . 55 (D) ;
(F) If the concentrations of all Appendix II constituents are
shown to be at or below background values, using the statistical
JUNE 30, 1993
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138
procedures in 40 CFR 258. 53 (G) , for two consecutive sampling
events, the owner or operator must document and submit this
finding to the Department and the local governing body having
jurisdiction and may, upon approval from the Department and
assessment monitoring.
(G) If one or more Appendix II constituents or the list approved
in accordance with 40 CFR 258 . 55 (C) are detected at statistically
significant levels above the background concentrations, the owner
or operator shall, within 14 days of this finding, place a
document in the operating record identifying the Appendix II
constituents or the list approved in accordance with 40 CFR
258.55 (C) that have exceeded the background concentrations and
submit the documentation to the Department and all appropriate
local government officials. The owner or operator shall also:
(1) (a) Characterize the nature and extent of the release by
installing additional monitoring wells as necessary;
(b) Install at least one additional monitoring well at the
facility boundary in the direction of contaminant migration
and sample this well in accordance with 40 CFR
258. 55 (D) (2) ;
(c) 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 40 CFR
258. 55 (G) (1) ; and
(d) Initiate an assessment of corrective measures as
required by 40 CFR 255. 56 Of this part within 90 days; or
(2) Demonstrate that a source other than a mswlf unit caused
the contamination, or that the statically significant increase
resulted from error in sampling, analysis, statistical
evaluation, or natural variation in ground water quality. A
report documenting this demonstration must be certified by a
qualified ground water scientist or approved by the Department
and placed in the operating record. If a successful
demonstration is made the owner or operator must continue
monitoring in accordance with the assessment monitoring program
pursuant to 40 CFR 258. 55, and may return to detection
monitoring if the Appendix II constituents or the list approved
in accordance with 40 CFR 258 . 55 (C) are at or below background
as specified in 40 CFR 258. 55 (E) . Until a successful
demonstration is made, the owner or operator must comply with
40 CFR 258. 55 (G) including initiating an assessment of
corrective measures in accordance with 40 CFR 258. 56.
B6 Assessment of corrective measures (40 CFR 258 . 56]
(A) Within 90 days of finding that any of the constituents
referenced in 40 CFR 258 . 55 have been detected at a statistically
significant level exceeding the background concentrations, the
owner or operator must initiate an assessment of corrective
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139
measures. Such an assessment must be completed within a
reasonable period of time as determined by the Department and
governing body having jurisdiction.
(B) The owner or operator must continue to monitor in accordance
with the assessment monitoring program as specified in 40 CFR
258 . 55.
(C) The assessment shall include an analysis of the effectiveness
of potential corrective measures in meeting all of the
requirements and objectives of the remedy as described under 40
CFR 258 . 57, addressing at least the following:
(1) 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;
(2) The time required to begin and complete the remedy;
(3) The costs of remedy implementation; and
(4) 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(s) .
(D) The owner or operator shall provide to the Department the
results of the corrective measures assessment, prior to the
remedy selection. The Department and the local governing body
having jurisdiction shall provide a 30 day public notification
and public comment period to interested and affected parties
prior to the remedy selection.
(E) In the interest of minimizing environmental contamination and
promoting effective remediation, owners or operators shall
evaluate pursuant to Appendix B, Section B6, Subsection (F) the
need for undertaking interim measures prior to the selection of
the final remedy.
(1) The owner or operator shall evaluate the need for
interim measures within 30 days of the date of determining
that there has been a statistically significant increase over
background and shall submit the evaluation to the department
and the local governing body having jurisdiction.
(2) Within 30 days after the determination is made that
interim measures are needed, the owner or operator shall
submit documentation to the department and the local
governing body having jurisdiction of their intention to
implement the interim measure and an implementation schedule.
(3) Within 14 days of receipt of documentation, the
department shall notify the owner or operator of any
conditions to be imposed and any recommended modifications to
be employed during the implementation of the interim measure.
(5) The interim measures, as approved by the department,
shall be initiated as soon as possible but no later than 30
days after the receipt of the department' s approval.
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(6) The owner or operator shall provide periodic progress
reports on the implementation of interim measures to the
department and the local governing body having jurisdiction
and incorporate the interim measures in the results of the
corrective measures assessment as required in
40 CFR 258 . 56 (d) .
(F) Interim measures should, 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 40 CFR
258. 57 . The following factors must be considered by an owner or
operator in determining whether interim measures are necessary:
(1) Time required to develop and implement a final remedy;
(2) Actual or potential exposure of nearby populations or
environmental receptors to hazardous constituents;
(3) Actual or potential contamination of drinking water
supplies or sensitive ecosystems;
(4) Further degradation of the ground water that may occur if
remedial action is not initiated expeditiously;
(5) Weather conditions that may cause hazardous constituents to
migrate or be released;
(6) 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
(7) Other situations that may pose threats to human health and
the environment.
B7 Selection of remedy 140 cfr 258. 571
(A) Based on the results of the corrective measures assessment
conducted under 40 CFR 258 . 56, remedies must:
(1) Be protective of human health and the environment;
(2) Attain the ground water protection standard as specified
pursuant to 40 CFR 258. 55 (G) and (H) ;
(3) Control the source(s) of releases so as to reduce or
eliminate, to the maximum extent practicable, further releases
of constituents referenced in 40 CFR 258. 55 into the
environment that may pose a threat to human health or the
environment; and
(4) Comply with standards for management of wastes as specified
in 40 CFR 258 . 58 (D) .
(B) In selecting a remedy that meets the requirements of 40 CFR
258 . 57 (A) , the owner or operator shall consider the following
evaluation factors:
(1) Extent and nature of contamination;
(2) Resource value of the ground water including:
(a) Current and potential uses;
(b) Proximity and withdrawal rate of users;
(c) Ground water quantity and quality;
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141
(d) The hydrogeologic characteristic(s) of the saturated
zones beneath the facility and surrounding land; and
(e) The cost and availability of alternative water supplies.
(3) The long-term and short-term effectiveness and
protectiveness of the potential remedy(s) based on
consideration of the following:
(a) The type and degree of long-term management required,
including monitoring, operation, and maintenance;
(b) Short-term risks that might be posed to the human health
and the environment during implementation of such a remedy,
including potential threats associated with excavation,
transportation, and redisposal or containment;
(c) Time until the remedy becomes effective;
(d) Potential for exposure of humans and environmental
receptors to remaining wastes;
(e) Long-term reliability of the engineering and
institutional controls; and
(f) Potential need for refinement of the remedy.
(4) The effectiveness of the remedy in controlling the source
to reduce further releases based on consideration of the
following factors:
(I) The extent to which containment practices will reduce
further releases;
(II) The extent to which treatment technologies may be used;
and
(III) The practical capabilities of remedial technologies in
achieving compliance with ground water protection standards
established under 40 CFR 258. 57 (G) and (H) , and other
objectives of the remedy.
(5) The ease or difficulty of implementing a potential
remedy(s) based on consideration of the following types of
factors:
(I) Degree of difficulty associated with constructing the
technology;
(II) Expected operational reliability of the technologies;
(III) Need to coordinate with and obtain necessary approvals
and permits from other agencies;
(IV) Availability of necessary equipment and specialists;
(V) Available capacity and location of needed treatment,
storage, and disposal services;
(VI) Desirability of utilizing technologies that are not
currently available, but which may offer significant
advantages over already available technologies in terms of
effectiveness, reliability, safety, or ability to achieve
remedial objectives; and
(VII) Ground water removal and treatment costs.
(6) Practicable capability of the owner or operator, including
a consideration of the technical and economic capability.
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(7) The degree to which community concerns are addressed by a
potential remedy(s) .
(8) Other relevant factors.
(C) If the owner or operator is unable to meet the requirements
of 40 CFR 258. 57 (A) the Department after consultation with the
local governing body having jurisdiction may determine that
remediation of a release of constituents referenced in 40 CFR
258. 55 is not necessary if the owner or operator demonstrates to
the satisfaction of the Department that:
(1) The ground water is additionally contaminated by substances
that have originated from a source other than the solid waste
disposal site and facility and those substances are present in
concentrations such that cleanup of the release from the SWDSF
would provide no significant reduction in risk to the human
health and the environment; or
(2) The constituent(s) is present in ground water that is not
hydraulically connected to the uppermost aquifer or surface
water.
(3) Remediation results in unacceptable cross-media impacts.
(4) obtain certification of a qualified ground water scientist
or approval by the Department that compliance with requirements
under 40 CFR 258. 57 (A) cannot be practically achieved with any
currently available methods.
(5) A cost-benefit analysis indicates that remediation of the
release is unacceptable.
(D) A determination by the Department pursuant to 40 CFR
258. 57 (C) shall not affect the authority of the Department to
require the owner or operator to undertake source control
measures or other measures that may be necessary to eliminate or
minimize further releases to the ground water; to prevent
exposure to the ground water; or control exposure of human health
and environment to residual contamination.
(E) The owner or operator shall specify as part of the selected
remedy, a schedule(s) for initiating and completing remedial
activities or source control. Such a schedule must require the
initiation of remedial activities or source control within a
reasonable period of time taking into consideration the factors
set forth in paragraphs 40 CFR 258 .57 (B) or 40 CFR 258. 57 (D) .
(F) The owner or operator must submit a report to the Department
and the local governing body having jurisdiction and place it in
the operating record, within 14 days of selecting a remedy(s) or
source control measure(s) . The report shall describe the
selected remedy(s) or source control measure(s) and how it meets
the requirements of section 40 CFR 258 . 57 . Within 60 days of the
reports receipt, the Department after consultation with the local
governing body having jurisdiction shall provide a determination,
in conformance with Section 40 CFR 258. 57 of the adequacy of the
remedy(s) or source control measure(s) .
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(G) The owner or operator shall develop ground water protection
standards which are required to implement a corrective measure
pursuant to 40 CFR 258 . 57 . The ground water protection standards
shall not be implemented without approval by the Department. The
ground water protection standard for each constituent, referenced
in 40 CFR 258 . 55, that has been detected at a statistically
significant level exceeding background shall be based on the
following:
(1) Background concentration for the constituent in wells
established in accordance with 40 CFR 258 . 51 (A) ;
(2) Maximum contaminant level (MCL) promulgated under Section
1412 of the safe drinking water act (codified) under 40 CFR
Part 141;
(2) Health based levels that satisfy the following criteria:
(a) The level is derived in a manner consistent with
guidelines for assessing the health risks of environmental
pollutants (51 FR 33992 , 34006, 34014 , 34028) ;
(b) The level is based on scientifically valid studies
conducted in accordance with the toxic substances control act
good laboratory practice standards (40 CFR Part 792) or
equivalent;
(c) 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
(d) 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. For purposes of this subpart,
systemic toxicants include toxic chemicals that cause effects
other than cancer or mutation.
(H) The owner or operator, and the Department in consultation
with the local governing body having jurisdiction may consider
establishing alternate ground water protection standards to 40
CFR 258. 57 (G) , based on consideration of the following:
(1) Multiple contaminants in the ground water;
(2) Exposure threats to sensitive environmental receptors;
(3) Other site-specific exposure or potential exposure to
ground water; and
(4) Best demonstrated available technology.
B8 Implementation of corrective measures [40 CFR 258 . 58]
(A) Based on the schedule established under 40 CFR 258. 57 (D) for
initiation and completion of remedial activities the owner or
operator must:
(1) Establish and implement a corrective action ground water
monitoring program that, at a minimum:
JUNE 30, 1993
(EFFECTIVE DATE OCTOBER 9, 1993)
144
(a) Meets the requirements of an assessment monitoring
program under 258. 55;
(b) Indicates the effectiveness of the corrective action
remedy; and
(c) Demonstrates compliance with ground water protection
standard pursuant to 40 CFR 258. 58 (E) .
(2) Implement the corrective action remedy selected under 40
CFR 258. 57;
(B) An owner or operator or the Department in consultation with
the local governing body having jurisdiction may determine, based
on information developed after implementation of the remedy,
source control or other information, that compliance with
requirements of 40 CFR 258. 57 are not being achieved. In such
cases, the owner or operator must implement other methods or
techniques in compliance with the requirements of section 40 CFR
258 . 58 (C) .
(C) All wastes that are generated during the implementation of
the remedy(s) or source control measure(s) required under 40 CFR
258 .57, or an interim measure required under 40 CFR 258 .58 (A) (3) ,
shall be managed in a manner:
(1) That is protective of human health and the environment; and
(2) That complies with applicable Resource Conservation and
Recovery Act requirements.
(D) Remedies selected pursuant to 40 CFR 258.57 shall be
considered complete when:
(1) The owner or operator complies with the ground water
protection standards established under 40 CFR 258 . 55 (G) and
(H) at all points within the plume of contamination that lie
beyond the ground water monitoring well system established
under 40 CFR 258 . 51 (A) .
(2) Compliance with the ground water protection standards
established under 40 CFR 258 . 55 (G) and (H) has been achieved
by demonstrating that concentrations of constituents referenced
in 40 CFR 258 . 55 have not exceeded the ground water protection
standard(s) for a period of three consecutive years using the
statistical procedures and performance standards in 40 CFR
258. 53 (G) and (H) . The Department may specify an alternative
length of time during which the owner or operator must
demonstrate that concentrations of constituents referenced in
40 CFR 258 . 55 have not exceeded the ground water protection
standard(s) based on the following factors:
(a) Extent and concentration of the constituent(s) released;
(b) Chemical and physical characteristics of the hazardous
constituents in the ground water and geologic media;
(c) Accuracy of monitoring or modeling techniques, including
any seasonal, meteorological, or other environmental
variabilities that may affect the accuracy; and
(d) Chemical and physical characteristics of the ground water
and geologic media.
JUNE 30, 1993
(EFFECTIVE DATE OCTOBER 9, 1993)
145
(3) All actions required to complete the remedy have been
satisfied.
(E) Upon completion of the remedy, the owner or operator and
qualified ground water scientist must certify that completion of
the remedy is in compliance with 40 CFR 258. 58 (D) . A report
shall be submitted to the Department and the local governing body
having jurisdiction and placed in the operating record, within 14
days of certification. Within 60 days receipt of the report, the
Department after consultation with the local governing body
having jurisdiction shall provide a determination that the
corrective action has met the requirements of 40 CFR 258 . 58 (D) .
(F) Upon completion of the certification process pursuant to 40
CFR 258. 58 (E) , the owner or operator shall be released from the
financial assurance requirement for corrective action under
Section 1. 6.
JUNE 30, 1993
(EFFECTIVE DATE OCTOBER 9, 1993)
146
APPENDIX I FOR DETECTION MONITORING
APPENDIX IA
GENERAL GROUND WATER QUALITY INDICATOR PARAMETERS
CATIONS
MAGNESIUM
SODIUM
POTASSIUM
CALCIUM
ANIONS
CARBONATE
BICARBONATE
CHLORIDE
SULFATE
NITRITE
NITRATE
FIELD PARAMETERS
PH
SPECIFIC CONDUCTIVITY
TEMPERATURE
TOTAL ORGANIC CARBON
APPENDIX IB CAS NUMBER
COMMON NAME
INORGANIC CONSTITUENTS
(1) ANTIMONY(TOTAL)
(2) ARSENIC(TOTAL)
(3) BARIUM(TOTAL)
(4) BERYLLIUM(TOTAL)
(5) CADMIUM(TOTAL) (TOTAL)
(6) CHROMIUM (TOTAL)
(7) COBALT (TOTAL)
(8) COPPER (TOTAL)
(9) LEAD (TOTAL)
(10) NICKEL (TOTAL)
(11) SELENIUM (TOTAL)
(12) SILVER (TOTAL)
(13) THALLIUM (TOTAL)
(14) VANADIUM (TOTAL)
( 15) ZINC
ORGANIC CONSTITUENTS:
(16) ACETONE 67-67-64-1
6 -11
(17) ACRYLONITRILE 71-43-2
(18) BENZENE
JUNE 30, 1993
(EFFECTIVE DATE OCTOBER 9, 1993)
147
(19) BROMOCHLOROMETHANE 74-97-5
(20) BROMODICHLOROMETHANE 75-27-4
(21) BROMOFORM; TRIBROMOMETHANE 75-25-2
(22) CARBON DISULFIDE 75-15-0
(23) CARBON TETRACHLORIDE 56-23-5
(24) CHLOROBENZENE 108-90-7
(25) CHLOROETHANE; ETHYL CHLORIDE 75-00-3
(26) CHLOROFORM; TRICHLOROMETHANE 67-66-3
(27) DIBROMOCHLOROMETHANE; CHLORODIBROMOMETHANE
124-48-1
(28) 1, 2-DIBROMO-3-CHLOROPROPANE; DBCP 96-12-8
(29) 1, 2-DIBROMOETHANE; ETHYLENE DIBROMIDE; EDB
106-93-4
(30) O-DICHLOROBENZENE; 1, 2-DICHLOROBENZENE 95-50-1
(31) P-DICHLOROBENZENE; 1, 4-DICHLOROBENZENE 106-46-7
(32) TRANS-1, 4-DICHLORO-2-BUTENE 110-57-6
(33) 1, 1-DICHLOROETHANE; ETHYLIDENE CHLORIDE 75-34-3
(34) 1, 2-DICHLOROETHANE; ETHYLENE DICHLORIDE107-06-2
(35) 1, 1-DICHLOROETHYLENE; 1, 1-DICHLOROETHENE;
VINYLIDEN CHLORIDE 75-35-4
(36) CIS-1, 2-DICHLOROETHYLENE; CIS-1,2-DICHLOROETHENE
156-59-2
( 3 7 ) TRANS - 1 , 2 - D I C H L O R O E T H Y L E N E ;
TRANS-I,2-DICHLOROETHENE 156-60-5
(38) 1, 2-DICHLOROPROPANE; PROPYLENE DICHLORIDE 78-87-5
(39) CIS-1, 3-DICHLOROPROPENE 10061-01-5
(40) TRANS-I, 3-DICHLOROPROPENE 10061-02-6
(41) ETHYLBENZENE 100-41-4
(42) 2-HEXANONE; METHYL BUTYL KETONE 591-78-6
(43) METHYL BROMIDE; BROMOMETHANE 74-83-9
(44) METHYL CHLORIDE; CHLOROMETHANE 74-87-3
(45) METHYLENE BROMIDE; DIBROMOMETHANE 74-95-3
(46) METHYLENE CHLORIDE; DICHLOROMETHANE 75-09-2
(47) METHYL ETHYL KETONE; MEK; 2-BUTANONE 78-93-3
(48) METHYL IODIDE; IODOMETHANE 74-88-4
(49) 4-METHYL-2-PENTANONE; METHYL ISOBUTYL KETONE
(50) STYRENE 108-10-1
100-42-5
(51) 1, 1, 1, 2-TETRACHLOROETHANE
79-
(52) 1, 1, 2 ,2-TETRACHLOROETHANE 79-34-5
4-56
( 53 ) TETRACHLOROETHYLENE ; TETRACHLOROETHENE
PERCHLOROETHYLENE 127-18-4
(54) TOLUENE 108-88-3
(55) 1, 1, 1-TRICHLOROETHANE; METHYLCHLOROFORM 71-55-6
(56) 1, 1,2-TRICHLOROETHANE 79-00-5
(57) TRICHLOROETHYLENE; TRICHLOROETHENE 79-01-6
(58) TRICHLOROFLUOROMETHANE; CFC-11 75-69-4
(59) 1, 2, 3-TRICHLOROPROPANE 96-18-4
(60) VINYL ACETATE 108-05-4
JUNE 30, 1993
(EFFECTIVE DATE OCTOBER 9, 1993)
148
(61) VINYL CHLORIDE 75-01-4
(62) XYLENES 1330-20-7
This list contains 47 volatile organics for which possible
analytical procedures provided in EPA report SW-846 "Test Methods
for Evaluating Solid Waste, " third edition, November 1986, as
revised December 1987, includes method 8260; and 15 metals for
which SW-846 provides either method 6010 or a method from the 7000
series of methods.
Common names are those widely used in government regulations,
scientific publications, and commerce; synonyms exist for many
chemicals.
Cas number = Chemical Abstracts Service registry number.
JUNE 30, 1993
(EFFECTIVE DATE OCTOBER 9, 1993)
149
APPENDIX II FOR ASSESSMENT MONITORING
__- - SUGGESTED
COMMON NAME(2) CAS RN{3} CHEMICAL ABSTRACTS RACTSq SSERVICE INDEX METHODS PQL{(}G/L)
(5} 6
ACENAPHTHENE 83-32-9 ACENAPHTHYLENE. 1.2-DIHYDRO- 8100 870 2000
ACENAPHTHYLENE 208-96-8 ACENAPHTHYLENE 8100 200
8270 10
ACETONE 67-64-1 2-PROPANONE 8260 100
75-05-8 ACETONITRILE 8015 100
ACETONITRILE;ACETOPHENON METHYL CYANIDE 98-86-2 ETHANONE, 1-PHENYL- 8270 10
2_ACETYLAMINE 53-96-3 ACETAMIDE, N-9H-FLUOREN-2-YL- .... 8270 20
ACROLEIN
LAMINOF LVOREN E; 2-AAF 107-02-8 2-PROPENAL 8030 5
A[RO LEI 8260 100
ACRYLONITRILE 107-13-1 2-PROPENENITRILE 8030 5
8260 200
ALDRIN 309-00-2 1,4:5,8-DIMETHANONAPHTHALENE, 1,2, 8080 0.05
3,4,10,10-HEXACHLORO-1,4,4A,5,8, 8270 10
8A-HEXAHYDRO- (1,4,4A,5,8,8A) I
ALLYL CHLORIDE 107-05-1 1-PROPENE, 3-CHLORO- 8010 5
10 10
4-AMINOBIPHENYL 82-67-1 [1,1(1)-BIPHENYL]-4-AMINE 8270 20
8100 200
ANTHRACENE 120-12-7 ANTHRACENE 8270 10
ANTIMONY
(TOTAL) ANTIMONY 910 300
40 2000
7041 30
ARSENIC (TOTAL) ARSENIC 6010 500
7060 10
7061 20
BARIUM
(TOTAL) BARIUM 6010 20
7080 1000
]1-43-2 BENZENE 8020 2
BENZENE 8021 0.1
8260 5
BENZO[A]ANTHRACENE; BENZANTHRACENE 56-55-3 BENZ[A]ANTHRACENE 8100 200
8270 10
BENZO[B]FLUORANTHENE 205-99-2 BENZ[E]ACEPHENANTHRYLENE 8100 200
8270 10
BENZO[K]FLUORANTHENE 207-08-9 BENZO[K]FLUORANTHENE 8100 200
8270 10
BENZO[GHI]PERYLENE 191-24-2 BENZO[GHI]PERYLENE 8100 200
8270 10
BENZO[A]PYRENE 50-32-8 BENZO[A]PYRENE 8100 200
8270 ]0
BENZYL ALCOHOL 100-51-6 BENZENEMETHANOL 8270 20
BERYLLIUM (TOTAL) BERYLLIUM 6010 3
7090 50
7091 2
ALPHA-BHC 319-84-6 CYCLOHEXANE, 1,2,3,4,5,6- 8080 0.05
HEXACHLORO-, (1,2,3,4,5,6)- 8270 10
BETA-BHC 319-85-7 CYCLOHEXANE, 1,2,3.4,5,6- 8080 0.05
HEXACHLORO-, (1,2,3,4,5,6)- 8270 20
DELTA-BHC 319-86-8 CYCLOHEXANE, 1,2,3,4,5,6- 8080 0.1
HEXACHLORO-, (1,2,3,4,5,6)- 8270 20
GAMMA-BHC; LINDANE 58-89-9 CYCLOHEXANE, 1,2,3,4,5,6- 8080 0.05
HEXACHLORO-, (1,2,3,4,5,6)- 8270 20
BIS(2-CHLOROETHOXY)METHANE 111-91-1 ETHANE, 1,1{1}-[METHYLENEBIS(OXY)] 8110 5
BIS[2-CHLORO- 8270 10
BIS(2-CHLOROETHYL) ETHER; 111-44-4 ETHANE. 1,1(1)-OXYBIS[2-CHLORO- .. 8110 3
DICHLOROETHYL ETHER. 8270 10
BIS-(2-CHLORO-1-METHYLETHYL) ETHER; 108-60-1 PROPANE, 2,2(1)-OXYBIS[1-CHLORO- . 8110 10
2,2{1}-DICHLORODIISOPROPYL ETHER; 8270 10
DCIP, SEE NOTE 7.
BIS(2-ETHYLHEXYL) PHTHALATE 117-81-7 I(2 E_BEMZENDIC RBOXYLIC ACID, BIS 8060 20
ESTER
BRCMOCHLOROMETHANE; 74-97-5 METHANE, BROMOCHLORO- 8021 0.1
8260 5
CHLOD;CHLoRoMETHNE. 75-27_4 METHANE, BROMODICHLORO- 8010 1
BDIBR CHLORDMETHAE: 8021 0.2
DI BROMOCH LOROMETMANE. 8260 5
BROMOFORM; TRIBROMOMETHANE 75-25-2 METHANE, TRIBR0M0- 8010 2
8021 15
8260 5
4-BROMOPHENYL PHENYL ETHER 101-55-3 BENZENE, 1-BROMO-4-PHENOXY- 88110 25
70 10
BUTYL BENZYL PHTHALATE; BENZYL 85-68-7 1,2-BENZENEDICARBOXYLIC ACID, 8060 5
BUTYL PHTHALATE. BUTYL PHENYLMETHYL ESTER 8270 10
CADMIUM (TOTAL) CADMIUM 6010 40
7130 50
7131 1
CARBON DISULFIDE 75-15-0 CARBON DISULFIDE 8260 100
CARBON TETRACHLORIDE 56-23-5 METHANE, TETRACHLORO- 8010 1
8021 0.1
8260 10
CHLORDANE SEE NOTE 8 q6,8-OCTACHLOR0_2 3N3A,4,7,7A5 6 7 1
8270 50
HEXAHYORO- 8270 20
P-CHLOROANILINE 106-47-8 BENZENAMINE, 4-CHLORO-
JUNE 30, 1993
(EFFECTIVE DATE OCTOBER 9 , 1993)
150
CHLOROBENZENE 108-90-7 BENZENE, CHLORO- 8010 2
8020 2
8021 0.1
8260 5
CHLOROBENZILATE 510-15-6 BENZENEACETIC ACID, 4-CHLORO-(4- 8270 10
CHLOROPHENYL)-HYDROXY-, ETHYL
ESTER
P-CHLORO-M-CRESOL; 4-CHLORO-3- 59-50-7 PHENOL, 4-CHLORO-3-METHYL- 8040 5
METHYLPHENOL. 8270 20
CHLOROETHANE; ETHYL CHLORIDE 75-00-3 ETHANE, CHLORO- 8010 5
8021 1
8260 10
CHLOROFORM; TRICHLOROMETHANE 67-66-3 METHANE, TRICHLORO- 8010 0.5
8021 0.2
8260 5
2-CHLORONAPHTHALENE 91-58-7 NAPHTHALENE. 2-CHLORO- 8120 10
8270 10
2-CHLOROPHENOL 95-57-8 PHENOL. 2-CHLORO- 8040 5
8270 10
4-CHLOROPHENYL PHENYL ETHER 7005-72-3 BENZENE, 1-CHLORO-4-PHENOXY- 8110 40
8270 10
CHLOROPRENE 126-99-8 1,3-BUTADIENE, 2-CHLORO- 8010 50
8260 20
CHROMIUM (TOTAL) CHROMIUM 6010 70
7190 500
7191 10
CHRYSENE 218-01-9 CHRYSENE . 8100 200
8270 10
COBALT (TOTAL) COBALT 6010 70
7200 500
7201 10
COPPER (TOTAL) COPPER 6010 60
7210 200
7211 10
M-CRESOL; 3-METHYLPHENOL 108-39-4 PHENOL, 3-METHYL- 8270 10
O-CRESOL; 2-METHYLPHENOL 95-48-7 PHENOL, 2-METHYL- 8270 10
P-CRESOL; 4-METHYLPHENOL 106-44-5 PHENOL, 4-METHYL- 8270 10
CYANIDE 57-12-5 CYANIDE 9010 200
2,4-D; 2,4-DICHLOROPHENOXYACETIC 94-75-7 ACETIC ACID, (2,4-DICHLOROPHENOXY) 8150 10
ACID.
4.4(1)-DDD 72-54-8 BENZENE 1,1(1)-(2.2- 8080 0.1
DICHLOROETHYLIDENE)BIS[4-CHLORO- 8270 10
4,4(1)-DDE 72-55-9 BENZENE, 1.1(1)- 8080 0.05
(DICHLOROETHYENYLIDENE)BIS[4- 8270 10
CHLORO-
4.4(1)-DOT 50-29-3 BENZENE, 1.1(1)-(2,2,2- 8080 0.1
TRICHLOROETHYLIDENE)BI5[4-CHLORO- 8270 10
DIALLATE 2303-16-4 CARBAMOTHIOIC ACID. BIS(1- 8270 10
METHYLETHYL)-,S-(2,3-DICHLORO-2-
PROPENYL) ESTER
DIBENZ[A,H]ANTHRACENE 53-70-3 DIBENZ[A,H]ANTHRACENE 8100 200
8270 10
DIBENZOFURAN 132-64-9 DIBENZOFURAN 8270 10
DIBROMOCHLOROMETHANE; 124-48-1 METHANE. DIBROMOCHLORO- 8010 1
CHLORODIBROMOMETHANE. 8021 0.3
8260 5
1,2-DIBROMO-3-CHLOROPROPANE; DBCP 96-12-8 PROPANE, 1,2-DIBROME-3-CHLORO- 8011 0.1
8021 30
8260 25
1,2-DIBROMOETHANE; ETHYLENE 106-93-4 ETHANE, 1,2-DIBROMO- 8011 0.1
DRIBROMIDE; EDB. 8021 10
8260 5
DI-N-BUTYL PHTHALATE 84-74-2 1,2-BENZENEDICARBOXYLIC ACID, 8060 5
DIBUTYL ESTER 8270 10
0-DICHLOROBENZENE; 1,2- 95-50-1 BENZENE, 1,2-DICHLORO- 8010 2
DICHLOROBENZENE. 8020 5
8021 0.5
8120 10
8260 5
8270 10
M-DICHLOROBENZENE; 1,3- 541-73-1 BENZENE, 1,3-DICHLORO- 8010 5
DICHLOROBENZENE. 8020 5
8021 0.2
8120 10
8260 5
8270 10
P-DICHLOROBENZENE; 1.4- 106-46-7 BENZENE, 1,4-DICHLORO- 8010 2
DICHLOROBENZENE. 8020 I I F 021 5 0.1
8120 15
8260 5
8270 10
3,3{1}-DICHLOROBENZIDINE 91-94-1 [1,1(1)-BIPHENYL]-4.4{1}-DIAMINE, 8270 20
3,3(1)-DICHLORO-
TRANS-1,4-DICHLORO-2-BUTENE 110-57-6 2-BUTENE, 1,4-DICHLORO-, (E)- .... 8260 100
DICHLORODIFLUOROMETHANE; CFC 12; . 75-71-8 METHANE. DICHLORODIFLUORO- 8021 0.5
8260 5
1,1-DICHLOROETHANE; ETHYLDIDENE 75-34-3 ETHANE, 1,1-DICHLORO- 8010 1
CHLORIDE. 8021 0.5
8260 5
1,2-DICHLOROETHANE; ETHYLENE 107-06-2 ETHANE, 1,1-DICHLORO- 8010 0.5
DICHLORIDE. 8021 0.3
8260 5
1,1-DICHLOROETHYLENE; 1.1- 75-35-4 ETHENE. 1,1-DICHLORO- 8010 1
DICHLOROETHENE; VINYLIDENE 8021 0.5
CHLORIDE. 8260 5
CIS-1,2-DICHLOROETHYLENE; CIS-1.2- 156-59-2 ETHENE. 1,2-DICHLORO-, (2)- 8021 0.2
DICHLOROETHENE. 8260 5
JUNE 30, 1993
(EFFECTIVE DATE OCTOBER 9, 1993)
151
TRANS-I,2-DICHLOROETHYLENE TRANS-1, 156-60-5 ETHENE, 1,2-DICHLORO-, (E)- 8010 1
2-DICHLOROETHENE. 8021 0.5
8260 5
2,4-DICHLOROPHENOL 120-83-2 PHENOL, 2,4-DICHLORO- 8040 5
8270 10
2,6-DICHLOROPHENOL 87-65-0 PHENOL, 2,6-DICHLORO- 8270 10
1,2-DICHLOROPROPANE: PROPYLENE 78-87-5 PROPANE, 1,2-DICHLORO- 8010 0.5
8021 0.05
DICHLORIDE.
8260 5
1,3-DICHLOROPROPANE; TRIMETHYLENE 142-28-9 PROPANE, 1,3-OICHLORO- 8021 0.3
DICHLORIDE. 8260 5
2,2-DICHLOROPROPANE; 594-20-7 PROPANE. 2,2-DICHLORO- 8021 0.5
ISOPROPYLIDENE CHLORIDE. 8260 15
1,1-DICHLOROPROPENE 563-58-6 1-PROPENE, 1,1-DICHLORO- 8021 0.2
8260 5
CIS-1,3-DICHLOROPROPENE 10061-01-5 1-PROPENE, 1,3-DICHLORO-, (Z)- ... 0010 20
8260 10
TRANS-I,3-DICHLOROPROPENE 10061-02-6 1-PROPENE, 1,3-DICHLORO-, (E)- ... 8010 5
8260 10
DIELDRIN 60-57-1 2,7:3,6-DIMETHANONAPHTH[2,3-B1 8080 0.05
OXIRENE, 3,4,5,6,9,9-HEXA, CHLORO 8270 10
-1A,2,2A,3,6,6A,7,7A-OCTAHYDRO-,
(IA,2,2A,3,6.6A,7,7A)-
DIETHYL PHTHALATE 84-66-2 1,2-BENZENEDICARBOXYLIC ACID, 8060 5
DIETHYL ESTER 8270 10
0,0-DIETHYL 0-2-PYRAZINYL 297-97-2 PHOSPHOROTHIOIC ACID, 0,0-DIETHYL 8141 5
PHOSPHOROTHIOATE; THIONAZIN. 0-PYRAZINYL ESTER 8270 20
DIMETMOATE 60-51-5 P D
DIMETHYL S?[2-(METHYLAMINO)-2- 8270 20
OXOETHYL] ESTER
P-(DIMETNYLAMINO)AZOBENZENE 60-11-7 BENZENAMINE, N,N-DIMETHYL-4- 8270 10
(PHENYLAZO)-
7,12-DIMETHYLBENZ[A)ANTHRACENE 57-97-6 BENZ[[A]ANTHRACENE, 7,12-DIMETHYL- 8270 10
3,3(1)-DIMETHYLBENZIDINE 119-93-7 [1,111}-BIPHENYL)-4,4{1}-DIAMINE, 8270 10
3,3 1)))-DIMETHYL-
2.4-DIMETHYLPHENOL; M-XYLENOL 105-67-9 PHENOL. 2,4-DIMETHYL- 8040 15
DIMETHYL PHTHALATE 131-11-3 1,2-BENZENEDICARBOXYLIC ACID, 8060 5
DIMETHYL ESTER 8270 10
M-DINITROBENZENE 99-65-0 BENZENE, 1,3-DINITRO- 8270 20
4,6-DINITRO-0-CRESOL 4,6-DINITRO-2 534-52-1 PHENOL. 2-METHYL-4,6-DINITRO 8040 150
-METHYLPHENOL. 8270 50
2,4-OINITROPHENOL; 51-28-5 PHENOL, 2.4-DINITRO- 8040 150
8270 50
2,4-DINITROTOLUENE 121-14-2 BENZENE, 1-METHYL-2.4-DINITRO- ... 8090 0.2
8270 10
2,6-DINITROTOLUENE 606-20-2 BENZENE, 2-METHYL-1.3-DINITRO- ... 8090 0.1
8270 10
DINOSEB; DNBP; 2-SEC-BUTYL-4,6- 88-85-7 PHENOL, 2-(1-METHYLPROPYL)-4.6- 8150 1
DINITROPHENOL. DINITRO- 8270 20
DI-N-OCTYL PHTHALATE 117-84-0 1,2-BENZENEDICARBOXYLIC ACID, 8060 30
DIOCTYL ESTER 8270 10
DIPNENYLAMINE 122-39-4 BENZENAMINE, N-PHENYL- 8270 10
DISULFOTON 298-04-4 PHOSPHORODITHIOIC ACID, 0.0- 8140 2
DIETHYL S-[2-(ETHYLTHIO)ETHYL] 8141 0.5
ESTER 8270 10
ENDOSULFAN I 959-98-8 6,9-METHANO-2,4,3- 8080 0.1
BENZODIOXATHIEPIN, 6,7,8,9,10,10- 8270 20
HEXA- CHLORO-1,5,5A.6,9,9A-
HEXAHYDRO-, 3-OXIDE,
ENDOSULFAN II 33213-65-9 6,9-METHANO-2,4,3- 8080 0.05
BENZODIOXATHIEPIN, 6,7,8,9.10,10- 8270 20
HEXA- CHLORO-1,5,5A,6,9,9A-
HEXANYDRO-. 3-OXIDE, (3,5A,6,9,9A)
ENDOSULFAN SULFATE 1031-07-8 6,9-METHANO-2,4,3- 8080 0.5
BENZODIOXATHIEPIN, 6,7,8,9.10,10- 8270 10
HEXA- CHLORO-1,5,5A,6,9,9A-
HEXAHYDRO-,3-3-DIOXIDE
ENDRIN 72-20-8 2,7:3.6-DIMETHANONAPHTH[2,3-8] 8080 0.1
OXIRENE, 3,4,5,6,9,9-HEXACHLORO- 8270 20
1A,2,2A,3,6,6A,7,7A-OCTAHYDRO-,(1A,ENDRIN ALDEHYDE 7421-93-4 1.2,4-METHENOCYCLOPENTA[CD] 8080 0.2
PENTALENE-5-CARBOXALDEHYDE• 2,2A, 8270 10
3,3,4,7-HEXACHLORODECAHYDRO-. (1
2.2A,4,4A.5,6A,68,7R)-
ETHYLBENZENE 100-41-4 BENZENE. ETHYL- 8020 2
8221 0.05
8260 5
ETHYL METHACRYLATE 97-63-2 2-PROPENOIC ACID, 2-METHYL-, ETHYL 8015 5
ESTER 8260 10
8270 10
ETHYL METHANESULFONATE 62-50-0 METHANESULFONIC ACID, ETHYL ESTER 8270 20
FAMPHUR 52-85-7 PHOSPHOROTHIOIC ACID, 0-[[4-[ 8270 20
(DIMETHYY�IMO)SULFONYL]PHENYL] 0,
O-DIMETHESTER
FLUORANTHENE 206-44-0 FLUORANTHENE 8100 200
8270 10
FLUORENE 86-73-7 9H-FLUORENE 8100 200
8270 10
HEPTACHLOR 76-44-8 4,7-METHANO-1H-INDENE, 1,4,5,6,7,8, 8080 0.05
8-HEPTACHLORO-3A,4,7,7A- 8270 10
TETRANYDRO-
HEPTACHLOR EPDXIDE 1024-57-3 2,5-METHANO-2H-INDENO[1,2-8] 8080 1
OXIRENE, 2,3,4,5,6,7,7- 8270 10
HEPTACHLORO-IA,1B,5,5A,6,6A-
HEXAHYDRO-, (lA,1B,2,5,5A,6.6A)
HEXACHLOROBENZENE 118-74-1 BENZENE, HEXACHLORO- 8120 0.5
JUNE 30, 1993
(EFFECTIVE DATE OCTOBER 9, 1993)
152
8270 10
87-68-3 1,3-BUTADIENE, 1,1,2,3,4,4- 8021 0.5
HEXACHLOROBUTADIENE HEXACHLORO- 8120 5
8260 10
8270 10
HEXACHLOROCYCLOPENTADIENE 77-47-4 1,3-CYCLOPENTADIENE. 1,2,3,4,5,5- 8120 10
HEXACHLORO- 8120 0.5
HE%ACH LOROETHANE 67-72-1 ETHANE, HE%ACH LORO- 8260 10
8270 10
HEXACHLOROPROPENE 1888-71-7 1-PROPENE, 1,1.2,3.3.3-HEXACHLORO- 8270 50
10
2-HEXANONE; METHYL BUTYL KETONE .• 59178-6 I-HEN�N2,3-CD)PYRENE 8100 200
E
i NOENO(],2,3-CD)PY RENE 193-39-5 8270 10
78-83-1 1-PROPANOL, 2-METHYL- 8015 50
ISOBUTYL ALCOHOL 8240 100
ISODRIN 465-73-6 1,4.5,8-DIMETHANONAPHTHALENE,1.2,3, 8270 20
4,10,10- HEXACHLORO-1,4,4A,5,8,8A 8260 10
HEXAHYDRO- (1,4,4A.5,8,8A)- 8090 60
ISOPHORONE 78-59-1 2-CYCLOHEXEN-1-ONE, 3,5,5- 8270 10
TRIMETHYL-
ISOSAFROLE 120-58-1 1,3-BENZODIOXOLE, 5-(1-PROPENYL)- 8270 10
KEPONE 143-50-0 1 PENTALEN-2-ONE. 1.1A,3U3A.4,5,5,
5A.5B,6-DECACHLOROOCTAHYDRO- 6010 400
LEAD (TOTAL) LEAD 7420 1000
7421 10
(TOTAL) MERCURY 7470 2
MERCURY 126-98-7 2-PROPENENITRILE, 2-METHYL- 8015 5
METHACRYLONITRILE 8260 100
METHAPYRILENE 91-80-5 1,2-_)ETHANEDIAMINE, N.N-DIMETHYL-N 8270 100
THIENYLMETHYL)L-N1/2-
72-43-5 BENZENE,1,1T1)-(2.2,2. 8080 2
METRO%YCMLOR TRICHLOROE HYLIDENE)BIS[4-METHOXY 8270 10
]4-83-9 METHANE. BROMO- 8010 20
METHYL BROMIDE; BROMOMETHANE 8021 10
]4-8]-3 METHANE. CHLORO- 8010 1
METHYL CHLORIDE; CHLOROMETHANE ... 8021 0.3
3-METHYLCHOLANTHRENE 56-49-5 BENZ[J]ACEANTHRYLENE, 1,2-DIHYDRO- 8270 10
3-METHYL- 8015 10
METHYL ETHYL KETONE; MEK; 2- 78-93-3 2-BUTANONE 8260 100
BUTANONE. 74_88-4 METHANE. 1000- 8010 40
METHYL IODIDE; IODOMETHANE 8260 10
80-62-6 2-PROPENOIC ACID. 2-METHYL-, 8015 2
METHYL METHACRY LATE METHYL ESTER 8260 30
METHYL METHANESULFONATE 66-27-3 METHANESULFONIC ACID, METHYL ESTER 8270 10
8270 10
2-METHYLNAPHTHALENE 91-57-6 NAPHTHALENE, 2-METHYL8140-
PARATHION: PARATHION METHYL 298-00-0 PHOSPHOROTHIOIC ACID. 0,0-DIMETHYL 8141 01
.5
8270 10
108-10-1 2-PENTANONE. 4-METHYL- 8015 5
6 ISOBUTYL KETONE. E; METHYL 8260 100
ISOBUTYL KETONE. 74_95-3 METHANE. DIBROMO- 8010 15
METHYLENE BROMIDE; DIBROMOMETHANE 8021 20
8260 10
75-09-2 METHANE, DICHLORO- 8010 5
METHYLENE CHLORIDE; 8021 0.2
DICHLOROMETHANE. 8260 10
8021 0.5
NAPHTHALENE 91-20-3 NAPHTHALENE 8100 200
8260 5
8270 10
8270 10
11_NAPMTHYLAMINE 130-15-4 I_NAPHTNALENAII NE 8270 10
2-NAPHTHYLAMINE 134-32-7 2-NAPHTHALENAMINE 8270 10
NICKELTHV CANINE 91-59-8 NICKEHTHA LENAMINE 6010 150
NICKEL (TOTAL) NICKEL 7520 400
O88-74-4 BENZENAMINE, 2-NITRO- 8270 50
M-NITROANILINE; 2-NITROANILINE ... 99-09-2 BENZENAMINE, 3-NITRO- 8270 50
-NITROANILINE; 3-NITROANILE 100-01-6 BENZENAMINE, 4-NITRO 8270 20
NITROBEN 4-NITROANI LINE ... 98-95-3 BENZENE, NITRO- 8090 40
NITROBENZZENINE;ENE 8270 10
88-75-5 PHENOL, 2-NITRO- 8270 5
O-NITROPHENOL; 2-NITROPHENOL8270 10
100-02-7 PHENOL, 4-NITRO- 8040 10
P-NITROPMENOL; 4-NITROPHENOL 8270 50
N-NITROSODI-N-BUTYLAMINE 924-16-3 1-BUTANAMINE, N-BUTYL-N-NITROSO- . 8270 10
10
N-NITROSODIETHYLAMINE 55-18-5 ETHANAMINE, N-ETHYL-N-NITROSO- .
N-NITROSODIMETHYLAMINE 62-75-9 METHANAMINE, N-METHYL-N-NITROSO- . 8070 2
N-NITROSODIPHENYLAMINE 86-30-6 BENZENAMINE, N-NITROSO-N-PHENYL- . 8070 5
N-NITROSODIPROPYLAMINE; N-NITROSO- 621-64-7 1-PROPANAMINE, N-NITROSO-N-PROPVL- 8070 10
N-DIPROPYLAMINE; DI-N-
PROPYLNITROSAMINE. 10595-95-6 ETHANAMINE, N-METHYL-N-N IT ROSO- .. 8270 10
N-NITROSOPIPERIDINE MINE 100-75-4 PIPERIDINE, 1-NITROSO- 8270 20
N-NITROSOPYRROLIDIN 930-55-2 PYRROLIDINE, 1-NITROSO- 8270 40
N-NITROSO_TOLUIIINE 99-55-8 BENZENAMINE, 2-METHYL-5-NITRO- .. 8270 10
PARATHION-TO LUI DINE 56-38-2 PHOSPHOROTHIOIC ACID, 0,0-DIETHYL 8141 8270 10 0.5
PARATHION 0-(4-NITROPHENYL) ESTER
608-93-5 BENZENE. PENTACHLORO- 8270 10
PENTACHLORONITROBEENZ ENE 82-68-8 BENZENE, PENTACHLORONITRO- 8270 20
PENTACHLORO 87-86-5 PHENOL, PENTACHLORO- 8040 5
PENTACH LOROPHENDLHENOL 8270 50
62-44-2 ACETAMIDE, N-(4-ETHOXYPHENL) 8270 20
PHENACETIN 85-01-8 PHENANTHRENE 8100 200
PHENANTHRENE
JUNE 30, 1993
(EFFECTIVE DATE OCTOBER 9 , 1993)
153
PHENOL 108-95-2 PHENOL 8270 30
P-PHENYLENEDIAMINE8270 0
106-50-3 PHOSPHORODITHIOIC 8270 10
PRORATE 298-02-2 PDETHYLOSI[(ETHY ACID, E0,0-THY 8140 2
DIETHYL S-[(ETHY LTHf O)METHY L] 8271 0.5
ESTER 8270 10
POLYCHLORINATED BI PHENYLS;L5; PCBS; SEE NOTE 9 1,1'-BIPHENYL, CHLORO DERIVATIVES 8080 50
AROC LOTS.
8270 200
PRONAMIDE 23950-58-5 BENZAMIDE, 3,5-DICHLORO-N-(1,1- 8270 10
PROPIONITRILE; ETHYL CYANIDE 107_12_ PROPANENITRILE RYNYL)-
0 DIMETHYL -PR 8015 60
8260 150
PYRENE
129-00-0 PYRENE 8100 200
8270 10
SAFROLE
94-59-7 1,3-BENZODIOXOLE, 5-(2-PROPENYL)- 8270 10
SELENIUM (TOTAL) SELENIUM 6010 750
7740 20
7741 20
SILVER
(TOTAL) SILVER 6010 70
7760 100
7761SILVEX; 2,4,5-TP 93-72-1 PROPANOIC ACID, 2-(2,4,5- 815D 10
2
STYRENE TRICHLOROPHENOXY)-
]00-42-5 BENZENE, ETHENYL- 8020 1
8021 0.1
8260 10
SULFIDE
18496-25-8 SULFIDE 9030 4000
2,4,5-T; 2,4,5- 93-76-5 ACETIC ACID,(2,4,5-TRICHLOROPHENOXY 8150 2
1,2,4,5-TETRACHLOROBENZENE 95-94-3 BENZENE, 1,2,4,5-TETRACHLORO- 8270 10
1,1,1,2-TETRACHLOROETHANE 630-20-6 ETHANE, 1,1,1,2-TETRACHLORO- 8010 5
8021 0.05
1,1,2,2-TETRACHLOROETHANE 79-34-5 ETHANE, 1,1,2,2-TETRACHLORO- 8010 5
8021 0.5
8021 0.1
TETRACHLOROETHYLENE; 8260 5
TETRACHLOROETHENE; 127-18-4 ETHENE, TETRACHLORO- 80 10 0.5
PERCHLOROETHYLENE. 8021 0.5
2,3,4,6-TETRACHLOROPHENOL8260 5
THALLIUM 58-90-2 PHENOL, 2,3,4,6-TET0.0.CH LORO- 8270 10
(TOTAL) THALLIUM 6010 400
7840 1000
7841 10
TIN (TOTAL) TIN 6010 40
TOLUENE 108-88-3 BENZENE, METHYL- 8020 2
8021 0.1
8260 5
O-TOLUIDINE
95-53-4 BENZENAMINE, 2-METHYL- 8270 10
TOXAPH3,2.4-ENE SEE NOTE 10 ENE 8080 2
1,2,4-TRICHLOROBENZENE 120-82-1 BENZENE, 1,2,4-TRICHLORO- 8021 0.3
8120 0.5
8260 10
1.1.]-T0.ICNLOROETHAN E; 8270 10
71-55-6 ETHANE, 1,1,1-TRICHLORO- 8010 0.3
METHYLCHLOROFORM. 8021 0.3
8260 5
3,1,2-TRICH LOROETHANE
79-00-5 ETHANE. 1,1,2-TRICHLORO- 8010 0.2
TRICHLOROETHYLENE; TRICHLOROETHENE 79-01-6 ETHENE, TRICHLORO- 8260 1
8260 1
8021 0.2
TRICHLOROFLUOROMETHANE; CFC-11 75- 8260 5
69-4 METHANE, TRICH LOROF LUORO- 8260 10
8021 0.3
8260 5
2,4,5-iRICHLOROPHENOL
95-95-4 PHENOL, 2,4,5-TRICHLORO- 8270 10
2,4,6-TRICHLOROPHENOL 88-06-2 PHENOL, 2,4,6-TRICHLORO- 8040 5
8270 10
1,2,3-TRICH LOROPROPANE
96-18-4 PROPANE, 1,2,3-TRICHLORO- 8010 10
8021 5
0,0,0-TRIETHYL PHOSPHOROTHIOATE .. 126-68-1 PHOSPHOROTHIOIC ACID, 0,0,0- 8260 10
8270 10
TRIETHY LESTER
SYM-TRINITROBENZENE 99-35-4 BENZENE, 1,3,5-TRINITRO 8270 10
-
VANADIUM (TOTAL) VANADIUM 6010 80
165
I I I 7910 I 2000
7911 40
VINYL ACETATE
108-05-4 ACETIC ACID, ETHENYL ESTER 8260 50
VINYL CHLORIDE; CHLOROETHENE 75-01-4 ETHENE, CHLORO- 8010 2
8021 0.4
%YLENE (TOTAL) SEE NOTE 11 BENZENE, DIMETHYL- 8260 35
8021 5
8021 0.2
8260 5
ZINC (TOTAL) ZINC 6010 20
7950 50
7951 0.5
NOTES
(1)THE REGULATORY REQUIREMENTS PERTAIN ONLY TO THE LIST OF SUBSTANCES; THE RIGHT HAND COLUMNS (METHODS AND
PQL) ARE GIVEN FOR INFORMATIONAL PURPOSES ONLY. SEE ALSO FOOTNOTES 5 AND 6.
{2}COM40N NAMES ARE THOSE WIDELY USED IN GOVERNMENT REGULATIONS, SCIENTIFIC PUBLICATIONS, AND COMIERCE;
SYNONYMS EXIST FOR MANY CHEMICALS.
{3}CHEMICAL ABSTRACTS SERVICE REGISTRY NUMBER. WHERE "TOTAL" IS ENTERED, ALL SPECIES IN THE GROUND WATER
THAT CONTAIN THIS ELEMENT ARE INCLUDED,
:)CAS INDEX ARE THOSE USED IN THE 9TH COLLECTIVE INDEX.
RS USED
VALUATING ESOLID HWASTE", TTHIRD AEDITION, NOVEMBER R 1986, AS REVISED, DECEMBER EPA 1987T . ANALYTICAL-846 "TEST MDETAILSS FCAN
JUNE 30, 1993
(EFFECTIVE DATE OCTOBER 9, 1993)
154
BE FOUND IN SW- 846 AND IN DOCUMENTATION ON FILE AT THE AGENCY. CAUTION: THE METHODS LISTED ARE
REPRESENTATIVE SW- 846 PROCEDURES AND MAY NOT ALWAYS BE THE MOST SUITABLE METHOD(S) FOR MONITORING AN
ANALYTE UNDER THE REGULATIONS.
(6)PRACTICAL QUANTITATION LIMITS (PALS) ARE THE LOWEST CONCENTRATIONS OF ANALYTES IN GROUND WATERS THAT
CAN E RELIABLY DETERMINED ROUTI WITHIN SPECIFIED LIMITS
NE LABORATORY OPERATINGCONDITIONS. THE PALS PRECISION
LISTED ARE G ACCURACY INDICATED
GENERALLY STATED TO ONE SIGNIFICANT FIGURE.
PALS ARE BASED ON 5 ML SAMPLES FOR VOLATILE ORGANICS AND 1 L SAMPLES FOR SEMIVOLATILE ORGANICS. CAUTION:
THE PQL VALUES IN MANY CASES ARE BASED ONLY ON A GENERAL ESTIMATE FOR THE METHOD AND NOT ON A DETERMINATION
FOR INDIVIDUAL COMPOUNDS: PALS ARE NOT A PART OF THE REGULATION.
{7}THIS SUBSTANCE IS OFTEN CALLED BIS(2-CHLOROISOPROPYL) ETHER, THE NAME CHEMICAL ABSTRACTS SERVICE APPLIES
TO ITS NONCOMMERCIAL ISOMER, PROPANE, 2,2"-OXYBIS[2-CHLORO- (CAS RN 39638-32-9).
(8)CHLORDANE: THIS ENTRY INCLUDES ALPHA-CHLORDANE (CAS RN 5103-71-9). BETA-CHLORDANE (CAS RN 5103-74-2),
-CHLORDANE (CAS RN
FOR TECHNICAL 6CHLORDANE. PO LS OF ITUENTS SPECIFIOCF ISOMERS ARE CHLORDANE CAS RN 57-74-9 ABOUT 20 MG/L BY D CAS RN METHOD 82709-03-6 .
(9)POLYCHLORINATED BIPHENYLS (CAS RN 1336-36-3)I THIS CATEGORY CONTAINS CONGENER CHEMICALS. INCLUDING
CONSTITUENTS OF AROCLOR 1016 (CAS RN 12674-11-2), AROCLOR 1221 (CAS RN 11104-28-2), AROCLOR 1232 (CAS RN
11141-16-5), AROCLOR 1242 (CAS RN 53469-21-9), AROCLOR 1248 (CAS RN 12672-29-6), AROCLOR 1254 (CAS RN
11097-69-1), AND AROCLOR 1260 (CAS RN 11096-82-5). THE PQL SHOWN IS AN AVERAGE VALUE FOR PCB CONGENERS.
(10)TOXAPHENE: THIS ENTRY INCLUDES CONGENER CHEMICALS CONTAINED IN TECHNICAL TOXAPHENE (CAS RN 8001-35-2),
I.E., CHLORINATED CAMPHENE.
(11)XYLENE (TOTAL): THIS ENTRY INCLUDES O-XYLENE (CAS RN 96-47-6), M-XYLENE (CAS RN 108-38-3), P-XYLENE
08021 ARE
0.2S RN FOR O-XYLE E A AND ND 0.1 UNSPECIFIED
IM-EORX P`XYLENENES E.IXTHEH PQL E FORRM XYLENE CAS RN S12.0 MG/L)BYPMETHOD 8020 LS FOR METHOD 8260.
JUNE 30, 1993
(EFFECTIVE DATE OCTOBER 9, 1993)
155
MAXIMUM CONTAMINANT LEVELS (MCLS) PROMULGATED UNDER THE SAFE DRINKING WATER ACT
CHEMICAL CAS NO. MCL (MG/L)
ARSENIC 7440-38-2 0.05
BARIUM 7440-39-3 1.0
BENZENE 71-343-2 0.005
CADMIUM 7440-43-9 0.01
CARBON TETRACHLORIDE 56-23-5 0.005
CHROMIUM (HEXAVALENT) 7440-47-3 0.05
2.4-DICHLOROPHENOXY ACETIC ACID 94-75-7 0.1
1,4-DICHLOROBENZENE 106-46-7 0.075
1,2-DICHLOROETHANE 107-06-2 0.005
1,1-DICHLOROETHYLENE 75-35-4 0.007
ENDRIN 75-20-8 0.0002
FLUORIDE 7 4.0
LINDANE 58-89-9 0.004
LEAD 7439-92-1 0.05
MERCURY 7439-97-6 0.002
METHOXYCHLOR 72-43-5 0.1
NITRATE 10.0
SELENIUM 7782-49-2 0.01
SILVER 7440-22-4 0.05
TOXAPHENE 8001-35-2 0.005
1,1,1-TRICHLOROETHANE 71-55-6 0.2
TRICHLOROETHYLENE 79-01-6 0.005
2.4.5-TRICHLOROPHENOXY ACETIC ACID 93-76-5 0.01
VINYL CHLORIDE 75-01-4 0.002
JUNE 30, 1993
(EFFECTIVE DATE OCTOBER 9, 1993)
156
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