CHAPTER
Env-Sw 800 LANDFILL REQUIREMENTS
Statutory
Authority: RSA 149-M:7
Revision Note:
Document #8459, effective 10-28-05, readopted with
amendments, renumbered, and redesignated former Chapter Env-Wm 2500 as Env-Sw 800,
pursuant to a rules reorganization plan for Department rules approved by the
Director of the Office of Legislative Services on 9-7-05. The source notes for each section of Env-Sw
800 identify the former subtitle Env-Wm and number for the respective rule
prior to Document #8459.
PART
Env-Sw 801 APPLICABILITY
Env-Sw 801.01 Applicability. The rules in this chapter shall apply to
landfills.
Source. #5172, eff 7-1-91; ss by #6535, INTERIM, eff
7-1-97, EXPIRES: 10-29-97; ss by #6619-B, eff 10-29-97; (See Revision Note at
chapter heading for Env-Sw 800); ss by #8459, eff 10-28-05 (formerly Env-Wm
2501.01); ss by #10597, eff 7-1-14
PART
Env-Sw 802 PERMITTING REQUIREMENTS
Env-Sw 802.01 Permit
Required.
(a) A permit issued
pursuant to the solid waste rules shall be required for construction, operation
and closure of a landfill, unless exempt pursuant to Env-Sw 302.
(b) The type of
permit required shall be as specified in Env-Sw 302.
Source. #5172, eff 7-1-91; ss by #6535, INTERIM, eff
7-1-97, EXPIRES: 10-29-97; ss by #6619-B, eff 10-29-97; (See Revision Note at
chapter heading for Env-Sw 800); ss by #8459, eff 10-28-05 (formerly Env-Wm 2502.01);
ss by #10597, eff 7-1-14
Env-Sw 802.02 Permit
Application Requirements. The
applicant for a landfill permit shall prepare the application in accordance
with:
(a) Env-Sw 314 for a
standard permit;
(b) Env-Sw 313 for
an emergency permit;
(c) Env-Sw 312 for a
research and development permit; and
(d) Env-Sw 311 for a
permit-by-notification.
Source. #5172, eff 7-1-91; ss by #6535, INTERIM, eff
7-1-97, EXPIRES: 10-29-97; ss by #6619-B, eff 10-29-97; (See Revision Note at
chapter heading for Env-Sw 800); ss by #8459, eff 10-28-05 (formerly Env-Wm
2502.02); ss by #10597, eff 7-1-14
PART Env-Sw 803
FEDERAL REQUIREMENTS FOR MSW LANDFILLS
Env-Sw 803.01 Purpose. The purpose of the rules in this part is to
identify facilities subject to the federal requirements for municipal solid
waste landfills (MSWLFs) in 40 CFR 258.
Source. #5172, eff 7-1-91; ss by #6535, INTERIM, eff
7-1-97, EXPIRES: 10-29-97; ss by #6619-B, eff 10-29-97; (See Revision Note at
chapter heading for Env-Sw 800); ss by #8459, eff 10-28-05 (formerly Env-Wm
2503.01); ss by #10597, eff 7-1-14
Env-Sw 803.02
Applicability.
(a) The rules in
Env-Sw 803.03 identify the circumstances under which a MSWLF shall be subject
to the requirements in 40 CFR 258.
(b) The rules in
Env-Sw 803.04 identify the criteria in 40 CFR 258 and the solid waste rules
which apply to MSWLFs which are subject to 40 CFR 258.
Source. #5172, eff 7-1-91; ss by #6372, eff 11-16-96;
ss by #6619-B, eff 10-29-97; (See Revision Note at chapter heading for Env-Sw
800); ss by #8459, eff 10-28-05 (formerly Env-Wm 2503.02); ss by #10597, eff
7-1-14
Env-Sw 803.03 Applicability
of Federal Law. In order to
determine whether a MSWLF is subject to the requirements of 40 CFR 258, the
following provisions and definitions from 40 CFR 258.1 and 40 CFR 258.2 shall
apply:
(a) MSWLFs that
stopped receiving waste on or before October 9, 1991 shall be exempt from the
requirements of 40 CFR 258;
(b) MSWLFs that
received 100 tons per day of waste or less after October 9, 1991 and stopped
receiving waste prior to April 9, 1994 shall be exempt from the requirements of
40 CFR 258 except for the final cover requirements specified in 40 CFR
258.60(a) provided the final cover was fully installed by October 9, 1994. If the final cover was not fully installed by
October 9, 1994, the MSWLFs shall be subject to all requirements of 40 CFR 258;
(c) MSWLFs that
received 100 tons per day of waste or less on or after April 9, 1994 shall be
subject to all requirements of 40 CFR 258;
(d) MSWLFs that
received greater than 100 tons per day of waste after October 9, 1991 and
stopped receiving waste prior to October 9, 1993 shall be exempt from the
requirements of 40 CFR 258 except for the final cover requirements specified in
40 CFR 258.60(a) provided the final cover was fully installed by October 9,
1994. If the final cover was not fully
installed by October 9, 1994, the MSWLFs shall be subject to all requirements
of 40 CFR 258;
(e) MSWLFs that
received greater than 100 tons per day of waste on or after October 9, 1993
shall be subject to all requirements of 40 CFR 258; and
(f) In determining
the scope and applicability of the federal requirements, the definitions
specified in 40 CFR 258.2 for the following terms shall be used:
(1) Active life;
(2) Active portion;
(3) Director;
(4) Household waste;
(5) Industrial solid waste;
(6) Owner;
(7) Saturated zone;
(8) Sludge;
(9) Solid waste;
(10) State;
(11) State director; and
(12) Waste management unit boundary.
Source. #6372, eff 11-16-96; ss by #6619-B, eff
10-29-97; (See Revision Note at chapter heading for Env-Sw 800); ss by #8459,
eff 10-28-05 (formerly Env-Wm 2503.03); ss by #10597, eff 7-1-14
Env-Sw 803.04 Standards
Specific to MSWLFs Subject to 40 CFR 258.
(a) Any MSWLF that
is identified by Env-Sw 803.03 as being subject to 40
(1) Location restrictions specified in 40 CFR
258.10 through 258.16;
(2) Operating criteria specified in 40 CFR
258.20, 258.21, 258.23, 258.24, 258.28 and 258.29;
(3) Design criteria specified in 40 CFR 258.40;
(4) Groundwater monitoring and corrective action
requirements specified in 40 CFR 258.53 through 258.58;
(5) Closure and post-closure requirements
specified in 40 CFR 258.60(i) and 258.61; and
(6) Financial assurance mechanisms specified in
40 CFR 258, subpart G.
(b) The provisions
specified in (a)(1) through (a)(6) above shall not be waived under Env-Sw 202.
Source. #6372, eff 11-16-96; ss by #6619-B, eff 10-29-97;
(See Revision Note at chapter heading for Env-Sw 800); ss by #8459, eff
10-28-05 (formerly Env-Wm 2503.04); ss by #10597, eff 7-1-14
PART Env-Sw 804
SITING REQUIREMENTS
Env-Sw 804.01 Applicability.
(a) The siting requirements
in this part shall apply to all landfills except:
(1) Facilities that hold and continue to operate
under a permit issued pursuant to RSA 149-M prior to the 2005 readoption of the
solid waste rules and any facilities scheduled to close;
(2) Permit-exempt facilities identified in Env-Sw
302.03 or Env-Sw 810;
(3) Permit-by-notification facilities having an
active life of 90 days or less;
(4) Research and development permit facilities,
as provided by Env-Sw 312.02(b); and
(5) Emergency permit facilities, as provided by
Env-Sw 313.02(b).
Source. #5172, eff 7-1-91; ss by #6535, INTERIM, eff
7-1-97, EXPIRES: 10-29-97; ss by #6619-B, eff 10-29-97; ss by #6894-B, eff
12-1-98; (See Revision Note at chapter heading for Env-Sw 800); ss by #8459,
eff 10-28-05 (formerly Env-Wm 2504.01); ss by #10597, eff 7-1-14
Env-Sw 804.02 Groundwater
Protection Standards.
(a) A landfill shall
not be sited within the well head protection area of a community or
non-community, non-transient water supply well system as delineated in the
department's source water protection area inventory.
(b) A landfill and
all associated leachate storage units shall be located only in areas where
groundwater monitoring for release detection, characterization and remediation
can be conducted prior to a release having an adverse affect on a water supply.
(c) Identification
of the areas cited in (b) above shall be
based upon a hydrogeologic investigation which provides all site specific
information required to model the pre-construction and post-construction
groundwater and surface water regimen.
(d) The base of the
bottom liner system, or the base of the facility if unlined, shall be a minimum
of 6 feet above the seasonal high groundwater table and the confirmed bedrock
surface.
Source. #5172, eff 7-1-91; ss by #6535, INTERIM, eff
7-1-97, EXPIRES: 10-29-97; ss by #6619-B, eff 10-29-97; (See Revision Note at
chapter heading for Env-Sw 800); ss by #8459, eff 10-28-05 (formerly Env-Wm
2504.02); ss
by #10597, eff 7-1-14
Env-Sw 804.03 Surface
Water Protection Standards.
(a) The location of
a landfill relative to surface water resources shall comply with the
requirements of RSA 485-A.
(b) A landfill and
all associated leachate storage units shall be located only in areas where
potential adverse effects to surface water quality, due to erosion, sedimentation,
siltation, flood, or discharge of contaminants, can be prevented or minimized
and mitigated by facility design.
(c) Identification
of the areas cited in (b) above shall be based on a thorough hydrogeological investigation
to demonstrate the following:
(1) Compliance with Env-Sw 804.02;
(2) That engineering design measures can be
incorporated to control erosion, sedimentation and siltation; and
(3) The potential release of contaminants to surface
waters can be prevented, attenuated or otherwise remediated.
(d) The footprint of
a landfill shall not be located within 200 feet of any perennial surface water
body, measured from the closest bank of a stream and closest shore of a lake,
as applicable.
(e) The footprint of
a landfill shall not be located within 200 feet upgradient and 100 feet
downgradient of a wetland within the jurisdiction of RSA 482-A, excluding any
drainage appurtenances related to the site, that is not allowed to be filled
under the authority of RSA 482-A.
(f) The footprint of
a landfill shall not be located within 1,000 feet upgradient of a surface water
reservoir or intake used for a community drinking water supply.
(g) The footprint of
a landfill shall not be located within the 100-year flood hazard zone.
Source. #5172, eff 7-1-91; ss by #6535, INTERIM, eff
7-1-97, EXPIRES: 10-29-97; ss by #6619-B, eff 10-29-97; (See Revision Note at
chapter heading for Env-Sw 800); ss by #8459, eff 10-28-05 (formerly Env-Wm
2504.03); ss
by #10597, eff 7-1-14
Env-Sw 804.04 Set-back
Requirements.
(a) There shall be a
minimum 100-foot buffer strip between the property line and the footprint of
the landfill.
(b) There shall be a
minimum 300-foot buffer between the footprint of the landfill and Class I and
Class II roads and a minimum 100-foot buffer between the footprint of the
landfill and Class III through Class VI roads.
(c) For landfills sited
on a parcel of land on which a landfill which is subject to a standard permit
exists on the 2014 effective date of this chapter, a minimum distance of
500 feet shall be maintained between the footprint of the landfill and all
existing residences not owned by the applicant.
(d) For facilities approved after the 2014
effective date of this chapter and sited on a parcel of land on
which no landfill having a standard permit exists, a minimum 500-foot vegetated buffer shall be established and maintained as provided in Env-Sw 805.11
between the footprint of the landfill and all properties not owned by the
applicant or its affiliates that either
contain residences or are zoned for residential use.
(e) The footprint of
a landfill receiving putrescible wastes shall not be located within 10,000 feet
of any airport runway used by turbojet aircraft or 5,000 feet of any airport
runway used by only piston-type aircraft.
Source. #5172, eff 7-1-91; ss by #6535, INTERIM, eff
7-1-97, EXPIRES: 10-29-97; ss by #6619-B, eff 10-29-97; (See Revision Note at
chapter heading for Env-Sw 800); ss by #8459, eff 10-28-05 (formerly Env-Wm
2504.04); ss
by #10597, eff 7-1-14
Env-Sw 804.05 Geologic
Siting Limitations.
(a) The footprint of
a landfill and associated leachate storage units shall be a minimum of 200 feet
from faults that have had displacement in Holocene time, meaning from
Pleistocene to present or within the last 11,000 years.
(b) No landfill
footprint or associated leachate storage units shall overlie an area underlain
by karstified dolomite or limestone or an area susceptible to mass movements of
earth material such as landslides, rockfalls, mudslides, slumps, earth flows,
or subsidence.
Source. #5172, eff 7-1-91; ss by #6535, INTERIM, eff
7-1-97, EXPIRES: 10-29-97; ss by #6619-B, eff 10-29-97; (See Revision Note at
chapter heading for Env-Sw 800); ss by #8459, eff 10-28-05 (formerly Env-Wm
2504.05); ss
by #10597, eff 7-1-14
Env-Sw 804.06 Other
Siting Limitations. A new landfill
shall be sited only on property which is owned by the permittee.
Source. #5172, eff 7-1-91; ss by #6535, INTERIM, eff
7-1-97, EXPIRES: 10-29-97; ss by #6619-B, eff 10-29-97; (See Revision Note at
chapter heading for Env-Sw 800); ss by #8459, eff 10-28-05 (formerly Env-Wm
2504.06); ss
by #10597, eff 7-1-14
PART Env-Sw 805 DESIGN AND CONSTRUCTION REQUIREMENTS
Env-Sw 805.01 Applicability.
(a) The design
requirements in this part shall apply to all landfills, except:
(1) Portions of existing permitted facilities
which were constructed or approved for construction as of October 29, 1997;
(2) Permit-exempt facilities identified in Env-Sw
302.03 or Env-Sw 810;
(3) Permit-by-notification facilities having an
active life of 90 days or less;
(4) Research and development permit facilities, as
provided by Env-Sw 312.02(b); and
(5) Emergency permit facilities, as provided by
Env-Sw 313.02(b).
(b) The design
requirements in this part shall apply as the complement of the design requirements
in Env-Sw 1004 for all facilities, Env-Sw 1103 for facilities having an active
life longer than 90 days, Env-Sw 1200 for permit-by-notification facilities
and, depending on the type of waste managed, Env-Sw 900.
Source. #5172, eff 7-1-91; ss by #6535, INTERIM, eff
7-1-97, EXPIRES: 10-29-97; ss by #6619-B, eff 10-29-97; (See Revision Note at
chapter heading for Env-Sw 800); ss by #8459, eff 10-28-05 (formerly Env-Wm
2505.01); ss by #10597, eff 7-1-14
Env-Sw 805.02
General Landfill Design Requirements.
(a) A lined landfill
shall incorporate the following design features:
(1) A foundation pursuant to Env-Sw 805.03;
(2) A liner system pursuant to Env-Sw 805.05;
(3) A leak detection and location system pursuant
to Env-Sw 805.07;
(4) A groundwater and surface water monitoring
system, if required pursuant to RSA 485-C and Env-Or 700 or predecessor rules Env-Wm
1403;
(5) A stormwater management system pursuant to
Env-Sw 805.09;
(6) A decomposition gas control system pursuant
to Env-Sw 806.07;
(7) A final capping system pursuant to Env-Sw
805.10; and
(8) Facility structures as necessary to house,
maintain and repair equipment and supplies, and to accommodate the needs of
facility personnel relative to shelter, sanitation and communication.
(b) An unlined
landfill shall incorporate the following design features:
(1) A groundwater and surface water monitoring
system, if required by RSA 485-A or RSA 485-C;
(2) A stormwater management system pursuant to
Env-Sw 805.09;
(3) A final capping system pursuant to Env-Sw
805.10; and
(4) Facility structures as necessary to house,
maintain and repair equipment and supplies, and to accommodate the needs of facility
personnel relative to shelter, sanitation and communication.
Source. #5172, eff 7-1-91; ss by #6535, INTERIM, eff
7-1-97, EXPIRES: 10-29-97; ss by #6619-B, eff 10-29-97; (See Revision Note at chapter
heading for Env-Sw 800); ss by #8459, eff 10-28-05 (formerly Env-Wm 2505.02);
ss by #10597, eff 7-1-14
Env-Sw 805.03 Landfill
Subgrade and Base Grade Standards.
(a) The landfill
subgrade shall be graded and prepared for landfill construction.
(b) Subgrade
materials shall have a saturated hydraulic conductivity of 1 x 10-4
centimeters per second (cm/sec) or less.
(c) The subgrade
shall have sufficient structural integrity to support the facility under all
anticipated loading conditions during all phases of construction, operation and
closure.
(d) Engineering
measures shall be incorporated in the design when necessary to ensure stability
of the landfill during all phases of construction, operation and closure.
(e) A stability analysis shall be submitted with the
application to demonstrate compliance with requirements in (c) above and to
support the facility design, including measures incorporated pursuant to (d)
above, if any.
(f) For geomembrane
lined facilities, the subgrade below the liner shall:
(1) Be prepared to a depth which provides a
uniform and consistent bedding layer which shall be stable under loading;
(2) Contain no stones greater than one inch in
diameter, and no sharp or angular materials; and
(3) Be compacted to 95% of the maximum dry
density as determined by ASTM International (ASTM) D 698-12 (Standard Effort)
or ASTM D 1557-12 (Modified Effort).
(g) Facility base
grades shall be sloped to facilitate compliance with Env-Sw 805.06 and Env-Sw
806.05.
Source. #5172, eff 7-1-91; ss by #6535, INTERIM, eff
7-1-97, EXPIRES: 10-29-97; ss by #6619-B, eff 10-29-97; (See Revision Note at
chapter heading for Env-Sw 800); ss by #8459, eff 10-28-05 (formerly Env-Wm
2505.03); ss by #10597, eff 7-1-14
Env-Sw 805.04 Liner
Material and Construction Requirements.
(a) Soil liners
shall meet or exceed the following specifications:
(1) The liner shall be constructed of no less than
3 feet of a recompacted natural soil with uniform and consistent
characteristics, or a uniform and consistent natural soil blended with an
admixture, such as bentonite;
(2) Recompaction shall occur in lifts not to exceed
the depth demonstrated in a test pad necessary to achieve a saturated hydraulic
conductivity no greater than 1 x 10-7 cm/sec;
(3) The recompacted lifts shall be constructed in
a step-wise manner to limit the potential for vertical channeling;
(4) Recompacted saturated hydraulic conductivity
shall equal 1 x 10-7 cm/sec or less; and
(5) The liner shall be protected from damage due
to frost, desiccation and differential movement.
(b) Geomembrane
liners shall meet or exceed the following specifications:
(1) The liner material shall have a minimum
thickness of 60 mils;
(2) The liner material
shall be chemically compatible with anticipated waste and leachate
characteristics; and
(3) Seaming methods which
involve the use of solvents shall incorporate quality assurance/quality control
procedures pursuant to Env-Sw 805.16 to assure protection of groundwater and
surface water resources.
(c) Composite liners
shall consist of:
(1) A geomembrane liner, as specified by (b)
above; and
(2) A soil component as specified by (a) above or
a manufactured geosynthetic clay liner.
(d) All liners shall be constructed in accordance with a
quality assurance/quality control plan established pursuant to Env-Sw 805.16.
Source. #5172, eff 7-1-91; ss by #6535, INTERIM, eff
7-1-97, EXPIRES: 10-29-97; ss by #6619-B, eff 10-29-97; (See Revision Note at
chapter heading for Env-Sw 800); ss by #8459, eff 10-28-05 (formerly Env-Wm
2505.04); ss by #10597, eff 7-1-14
Env-Sw 805.05 Liner
System Design Standards.
(a) A liner system
shall be comprised of the following components:
(1) A liner which meets the requirements of
Env-Sw 805.04;
(2) A leachate collection and removal system
which meets the requirements of Env-Sw 805.06; and
(3) A leak detection and location system, if
required by Env-Sw 805.07.
(b) A landfill shall
incorporate one or more liner systems, as specified in Env-Sw 805.12 through
Env-Sw 805.15, based on the type of wastes to be received by the facility.
(c) Multi-liner
systems shall be designed to place one liner system over another liner system.
(d) A single-lined facility
shall incorporate one liner system as specified in Env-Sw 805.05(a).
(e) A double-lined
facility shall incorporate 2 liner systems as specified in Env-Sw 805.05(a),
separated by drainage material as specified in (f) below.
(f) Except as provided
by (g) below, each liner within a liner system shall be covered in the base
area by an overlying layer of select granular soil materials 12 inches in depth
or more as required to:
(1) Sustain anticipated loading conditions;
(2) Protect the underlying liners from puncture,
including simultaneous puncture of multi-liner systems;
(3) Assist in the transmission of leachate in
accordance with Env-Sw 805.06 and Env-Sw 806.05; and
(4) At multi-liner facilities, limit the
potential for hydraulic head to be concurrently experienced on an underlying
liner in the event a leak develops in an overlying liner.
(g) For multi-liner
systems, geosynthetics may be used to separate the liners in areas of extended side
slopes where placement and maintenance of granular materials is not possible or
practical for reasons of stability.
(h) The design of
all liner systems incorporating geomembrane materials shall include
calculations to demonstrate stability, but in no case shall be designed to exceed a slope
of 2 horizontal
to 1 vertical.
(i) All liner
systems shall be constructed by controlled methods, in accordance with a
quality assurance/quality control plan established pursuant to Env-Sw 805.16.
(j) Liner systems shall not be
penetrated by any appurtenances including pipes in low areas or in any location
where leachate might collect.
Source. #5172, eff 7-1-91; ss by #6535, INTERIM, eff
7-1-97, EXPIRES: 10-29-97; ss by #6619-B, eff 10-29-97; (See Revision Note at
chapter heading for Env-Sw 800); ss by #8459, eff 10-28-05 (formerly Env-Wm
2505.05); ss by #10597, eff 7-1-14
Env-Sw 805.06 Leachate
Collection and Removal System Design Standards.
(a) Leachate
collection and removal systems shall be required at all lined landfills, to
collect and remove leachate contained within each liner system in conformance
with Env-Sw 806.05.
(b) Leachate
collection and removal systems shall be designed to be hydraulically separate
from the stormwater management system(s).
(c) Leachate
collection and removal systems shall be designed to function effectively during
freezing and frozen-ground conditions.
(d) Leachate
collection and removal systems shall be designed to function effectively during
both the active life of the landfill and the landfill closure and post-closure
period. Therefore, for the purpose of
sizing the system(s) components and specifying materials with an appropriate
design life expectancy, the leachate generation rates and volumes for the above
specified time period shall be considered.
(e) Leachate
collection and removal systems shall be designed to maintain one foot or less of
hydraulic head on all portions of the liner, excluding the leachate collection
sumps if any, during routine operations including the 25-year storm event with
a duration equivalent to the time of concentration of the drainage area of the
component being sized.
(f) Leachate
collection and removal systems shall be designed to manage the quantity of
leachate to be generated by the 100-year storm event with a duration equivalent
to the time of concentration of the drainage area which contributes to leachate
generation, in a manner which shall:
(1) Not allow a
hydraulic head greater than one-foot to exist on any portion of the
liner system, excluding the leachate collection sumps, if any, for longer than
7 days;
(2) Provide storage and removal capabilities
determined in accordance with (g) below if for a facility not directly
connected to a permitted wastewater treatment facility or in accordance with
(h) below if for a facility directly connected to a permitted wastewater
treatment facility; and
(3) Not rely on leachate recirculation as a
factor in determining the required storage and removal capabilities, even if
leachate recirculation will be a routine operating procedure at the facility.
(g) Leachate
collection and removal systems which are not directly connected to a permitted
wastewater treatment facility shall provide capacity for storing leachate as
follows:
(1) At least 15% of the
100-year storm storage volume, as specified by (f) above, shall be provided in
primary storage units located outside the waste deposition area or in sumps
located within the waste deposition area;
(2) The number of walls or liners in the primary
storage units shall be no less than the number of liners within the landfill;
and
(3) Containment for the volume of leachate
produced by the 100-year storm event which exceeds the volume of the primary
storage units shall be provided:
a. Within contingency storage units located
outside the waste deposition area, which shall be leak tight and accessible for
leak testing, inspection and repair, but not necessarily multi-walled; and
b. On the uppermost liner within a waste
deposition area provided that:
1. Storage on the liner in excess of one-foot of
hydraulic head shall be limited to a period of 7 days or less, based on
procedures identified in the leachate management plan provided pursuant to
Env-Sw 806.05, including the pumping and removal rates required to reduce the
hydraulic head within 7 days and the specifications for the equipment required
to do so; and
2. Systems relying on valve closure to initiate
storage on the liner shall be fully equipped with automated notification alarms
to minimize the potential for overflow, in accordance with (p) below.
(h) Leachate
collection and removal systems which are directly connected to a permitted
wastewater treatment facility shall be designed as follows:
(1) The system shall
provide leachate storage units outside the waste deposition area as necessary
to meet the requirements of (f) above based on the allowable discharge rate of
leachate to the wastewater treatment facility, pump capabilities and other such
factors which limit the rate at which leachate removal can occur;
(2) Compatible pumping and removal rates shall be
provided as a component of the facility’s leachate management plan, pursuant to
Env-Sw 806.05; and
(3) Systems relying on valve closure to initiate
storage shall be fully equipped with automated notification alarms to minimize
the potential for overflow, in accordance with (p) below.
(i) The various
components of a leachate collection and removal system shall:
(1) Be chemically compatible with the anticipated
waste and leachate characteristics;
(2) Provide access for monitoring flow,
monitoring hydraulic head in the uppermost liner system, controlling flow and
cleaning;
(3) Maintain integrity under both dynamic and
static loading events for all phases of landfill development;
(4) Specify geotextiles based on calculations which
incorporate the leachate generation and flow rates anticipated to occur during
the operating and post-closure phases of the landfill; and
(5) Be designed to prevent the passage of fine
particulates into the leachate collection and piping systems as well as
mitigate against or eliminate the effects of any material capable of reducing
the hydraulic flow capacity of the leachate collection and piping systems.
(j) Pipes which
require solvent welding shall not be used.
(k) The drainage
blanket shall:
(1) Be designed to meet the requirements of (e)
and (f) above;
(2) Contain no more than
15% calcium carbonate to prevent deposition and clogging and otherwise be of a
quality that shall not result in clogging of the leachate collection and
removal system(s); and
(3) Be constructed in
accordance with a quality assurance/quality control plan established pursuant
to Env-Sw 805.16.
(l) A facility shall
not be designed to rely solely on managing leachate by recirculation
methods.
(m) Recirculation of
leachate, if practiced, shall proceed only in accordance with the provisions of
a leachate recirculation plan approved by the department as part of the
facility’s operating plan pursuant to Env-Sw 1105 based on the criteria in
Env-Sw 806.05.
(n) Leachate
collection and removal systems which depend on routine pumping, rather than
gravity operating methods, shall only be used at facilities where a full-time
operator shall be present during normal operating hours and where auxiliary
power and pumping equipment shall be available.
(o) Pump stations
located outside the waste deposition area shall be designed to provide the
following:
(1) Backup pumping capacity;
(2) Backup power supply;
(3) High-water alarm; and
(4) Efficient operation during both average and
peak flows.
(p) Tanks, sumps or
other storage units associated with leachate collection and removal systems
shall be equipped with high-water alarms.
Source. #5172, eff 7-1-91; ss by #6535, INTERIM, eff
7-1-97, EXPIRES: 10-29-97; ss by #6619-B, eff 10-29-97; (See Revision Note at
chapter heading for Env-Sw 800); ss by #8459, eff 10-28-05 (formerly Env-Wm
2505.06); ss by #10597, eff 7-1-14
Env-Sw 805.07 Leak
Detection and Location System Design Standards.
(a) A leak detection
and location system designed to detect and isolate the location of leaks
through a liner shall be required beneath each liner installed at a lined
landfill, unless the potential for leakage through the bottom most liner is
reduced by one or both of the following design features:
(1) Geonet is incorporated throughout the
leachate collection and removal system for the bottom most liner, in order to
rapidly convey leachate off the liner and thereby limit the potential for
hydraulic head to develop on the liner; or
(2) The bottom most
liner is a composite liner which meets the requirements of Env-Sw 805.04(c).
(b) Leak detection
and location systems shall be designed to:
(1) Convey liquids to an observation point for
detection, based on a maximum time of concentration equal to 24-hours under
saturated hydraulic conditions; and
(2) Provide a means for isolating the potential
location of a leak.
Source. #5172, eff 7-1-91; ss by #6535, INTERIM, eff
7-1-97, EXPIRES: 10-29-97; ss by #6619-B, eff 10-29-97; (See Revision Note at
chapter heading for Env-Sw 800); ss by #8459, eff 10-28-05 (formerly Env-Wm
2505.07); ss by #10597, eff 7-1-14
Env-Sw 805.08 Groundwater
and Surface Water Monitoring System Design Standards.
(a) At least one
groundwater monitoring well shall be installed hydraulically upgradient from
the landfill and at least 3 monitoring wells shall be installed in each
down-gradient direction.
(b) The location,
materials and specifications of the groundwater and surface water monitoring
system shall comply with the requirements of RSA 485-C.
Source. #5172, eff 7-1-91; ss by #6535, INTERIM, eff
7-1-97, EXPIRES: 10-29-97; ss by #6619-B, eff 10-29-97; (See Revision Note at
chapter heading for Env-Sw 800); ss by #8459, eff 10-28-05 (formerly Env-Wm
2505.08); ss by #10597, eff 7-1-14
Env-Sw 805.09 Stormwater
Management System Design Standards.
(a) All landfills
shall include a stormwater management system to:
(1) Divert run-on around or away from the
facility;
(2) Control run-off discharge from the facility;
(3) Control erosion, sedimentation, siltation,
and flooding; and
(4) Minimize the generation of leachate.
(b) Stormwater
management systems shall be designed to accommodate the 25-year storm event of
a duration equivalent to the time of concentration of the drainage area being
served.
(c) Stormwater
management systems shall be designed to accommodate all phases of the
landfill’s active life, as well as the closure and post-closure period.
(d) Stormwater
management systems shall be hydraulically separate from the leachate collection
and removal system(s).
(e) Stormwater management systems shall be designed to
function effectively during frozen ground conditions.
(f) Permanent
sedimentation ponds and detention ponds shall be sized to handle the
25-year/24-hour storm event with no less than one foot of freeboard below the
emergency spillway invert.
(g) Peak surface
run-off from the landfill site during the 25-year storm event shall be
controlled and maintained at the pre-development discharge rate, in accordance
with RSA 485-A.
(h) All stormwater
that contacts waste shall be managed as leachate unless representative
analytical characterization conducted in accordance with the facility’s
approved operating plan demonstrates the liquid may be lawfully discharged to ground
or surface waters without treatment.
(i) Perimeter
drainage swales shall be provided to channel run-off during facility
development based on the planned sequence of filling pursuant to Env-Sw 806.02
and during the facility’s post-closure period.
(j) Perimeter
drainage swales shall be designed and located to accommodate facility capping.
(k) Surface water
run-on shall be diverted around and away from the facility by using berms and
ditches or similar methods.
(l) Surface water
run-off shall be controlled by using benches, terraces, diversion berms and
diversion swales or similar methods.
(m) Erosion shall be
controlled by using vegetation, terrace berms, silt fences and check dams or
similar methods.
(n) Closed drainage
systems, if used, shall include provisions for inspections, monitoring and
maintenance.
Source. #5172, eff 7-1-91; ss by #6535, INTERIM, eff
7-1-97, EXPIRES: 10-29-97; ss by #6619-B, eff 10-29-97; amd by #6894-B, eff
12-1-98; (See Revision Note at chapter heading for Env-Sw 800); ss by #8459,
eff 10-28-05 (formerly Env-Wm 2505.09); ss by #10597, eff 7-1-14
Env-Sw 805.10
Landfill Capping System Design Standards.
(a) Landfill capping
systems shall be designed to meet the performance standards in Env-Sw 807.04 so
as to:
(1) Reduce leachate generation by limiting to the
extent practicable precipitation and surface water infiltration of the waste,
through placement of either impermeable or low-permeable cover materials over
landfilled areas;
(2) Promote drainage of stormwater and other
surface waters away from and around the facility, by properly grading the facility
and surrounding areas, and by constructing drainage structures, including
berms, trenches, swales, ditches and detention ponds;
(3) Limit erosion and
sedimentation by controlling stormwater drainage and by seeding, vegetating,
riprapping or otherwise stabilizing surface soils against the effects of wind
and water;
(4) At facilities that will generate methane gas,
control the release of methane gas from the facility by incorporating vents
designed to function properly in all anticipated weather conditions, including
heavy or drifting snow, or by incorporating recovery wells or similar methods,
to assure compliance with Env-Sw 806.07;
(5) Protect or isolate the underlying waste
materials from exposure to the environment to limit the attraction of vectors,
production of odors, risk of injury or fire, and other threats to the public
health and safety;
(6) Resist damage due to
the influences of freeze-thaw cycles, settlement, loading or other anticipated
conditions which, not properly considered during design, will result in over
stressing the cap; and
(7) Remediate
environmental damage resulting from the facility’s operation, if determined
necessary by the department on the basis of groundwater and surface water
quality at the site or on the basis of other conditions involving environmental
degradation at the site prior to closure.
(b) Lined landfill
capping systems shall be designed in cross section according to the
specifications provided in (e) below.
(c) Unlined landfill
capping systems shall be designed in cross section according to the
specifications provided in either (e) or (f) below.
(d) For unlined
landfills, the type of capping system required pursuant to (e) or (f) below
shall be based on which system type will meet the performance standards in
Env-Sw 807.04, using the following factors to make the determination:
(1) Type and quantity of waste received by the
facility;
(2) Size of facility footprint;
(3) Compliance and performance history of the
facility;
(4) Extent of groundwater to waste contact zones,
if any;
(5) Groundwater and surface water quality at the
facility site;
(6) Proximity to drinking water supplies;
(7) Age of the facility;
(8) Site topography; and
(9) Geologic and hydrogeologic characteristics of
the site.
(e) Impermeable
landfill capping systems shall, at a minimum, be comprised of the following
layers, from the top of the waste to the top of the cap:
(1) Layer one, immediately overlying the waste,
shall:
a. Serve to provide a stable, properly graded
base for the placement of layer 2;
b. Be designed to resist raveling, or the
sifting of fines downward into the underlying wastes; and
c. Consist of no less than 12-inches of
unspecified soil;
(2) Layer 2 shall:
a. Serve to protect layer 3 from potential
damage by underlying coarse soil materials;
b. Serve to transmit decomposition gases to gas
vents if active gas extraction wells are not used;
c. Consist of 12 inches of sand with 100%
passing the one inch sieve and with no more than 12% passing the number 200
sieve on a weight basis if for a facility without an active gas extraction
system or 6 inches of soil with 100% passing the one inch sieve if for a
facility with an active gas extraction system; and
d. Be constructed in accordance with a quality
assurance/quality control plan established pursuant to Env-Sw 805.16;
(3) Layer 3 shall consist of an impermeable
barrier which shall:
a. Minimize the infiltration of water into
underlying wastes so as to limit continued leachate production and the
associated adverse impacts to the quality of groundwater and surface waters;
b. Consist of a geomembrane with a minimum
thickness of 40 mils or an impermeable soil, or admixture; and
c. Be constructed in accordance with a quality
assurance/quality control plan established pursuant to Env-Sw 805.16;
(4) Layer 4 shall:
a. Provide for the removal of water which
infiltrates through the topsoil layer, or layer 5;
b. Protect layer 3 from penetration or other damage,
including frost and desiccation;
c. Consist of:
1. At least 18 inches of
free-draining sand which has a saturated hydraulic conductivity of no less than
1 x 10 -3 cm/sec, will pass on a weight basis no more than 10%
through the number 200 sieve and contains no more than 15% calcium carbonate;
or
2. Geonet and no less than 12 inches of drainage
sand, specified based on the results of a hydraulic calculation supporting the
design and containing no more than 15% calcium carbonate;
d. Be constructed in accordance with a quality
assurance/quality control plan established pursuant to Env-Sw 805.16; and
e. Terminate in a drainage system at the toe of
the slope of the cap that is designed to readily remove water transmitted by
layer 4; and
(5) Layer 5 shall:
a. Serve to stabilize the capping system against
the forces of wind and water erosion;
b. Provide a low-maintenance surface;
c. Promote evapotranspiration, meaning loss of water
from the soil by both evaporation and transpiration from plants growing
thereon;
d. Provide ease of visual inspection of the
capping system surface; and
e. Consist of no less than 4 inches of topsoil,
which is fertilized and vegetated.
(f) Alternative or
supplemental materials to the topsoil specified in (e)(5) above shall be used
if determined necessary by the permittee and agreed to by the department on the
basis of actual site features and conditions, to achieve the required stability
or erosion control.
(g) Low permeable
capping systems, formerly referred to by the department as “extended interim
closure,” shall be comprised of the following layers, at a minimum, from the
top of the waste to the top of the cap:
(1) Layer one shall conform to the requirements
for layer one for impermeable capping systems as specified in (e)(1) above;
(2) Layer 2 shall:
a. Serve to isolate wastes from the environment
and to protect public health;
b. Reduce the infiltration of water into underlying
wastes;
c. Consist of no less than 18 inches of soil
with a saturated hydraulic conductivity not greater than 1 x 10-5
cm/sec; and
d. Be constructed in accordance with a quality
assurance/quality control plan pursuant to Env-Sw 805.16; and
(3) Layer 3 shall conform to the requirements for
layer 5 for impermeable capping systems as specified in (e)(5) above.
(h) Landfill capping
systems shall be designed to manage properly stormwater resulting from the
25-year/24-hour storm event and incorporate at least one of the following:
(1) Intermittent swales on the side slopes of the
capping system, placed at an interval of 20 vertical feet or minimum spacing of
100 feet as measured from the center line of the swales, with a minimum slope
of 2 percent to allow for settlement; or
(2) An erosion-resistant moisture retention
layer, placed directly under the vegetated layer, designed to sustain
vegetative growth and effectively resist gully erosion.
(i) Stability
calculations for the landfill capping system shall be submitted by the
applicant to support the proposed design.
(j) Excluding the
drainage swales noted in (h)(1) above, landfill capping systems shall be
designed at a slope of 5% or greater, as necessary to accommodate the
anticipated effects of settlement and consolidation and assure positive
drainage and stability of the capping system during the post-closure period.
(k) The landfill
capping system shall:
(1) Extend beyond the confirmed limits of
landfilled waste and the underlying liner systems; and
(2) Terminate or be anchored in a manner which:
a. Stabilizes the
capping system against creep, pull-out and material failure due to excessive
stress;
b. Limits erosion or wash-out at the
toe-of-landfill slope(s); and
c. Limits, to the extent practicable, surface
water from infiltrating into the waste.
(l) The landfill
capping system and the post-closure period stormwater management system shall
be compatible in design. Hydraulic
calculations to support the proposed design shall be provided, including
calculations to demonstrate that the drainage media shall function as intended
in the design.
(m) Unless the
facility only receives inert waste such as concrete debris, the landfill
capping system shall incorporate a methane gas management system meeting the
performance criteria of Env-Sw 806.07.
(n) Landfill capping
systems shall be designed to support such loading as might occur during and
following construction, including activities anticipated to occur during post-closure
inspections, monitoring and maintenance, such as maintenance vehicles driving
over the cap.
(o) On-the-ground
markers or other type of control points shall be placed at the facility site to
allow facility inspectors to readily identify and locate the limits of the
capping system.
(p) Except in areas where
berms, swales, or other structures are constructed to control storm water, the average slope of capping
systems shall not exceed 2.5 horizontal to 1 vertical.
Source. #5172, eff 7-1-91; ss by #6535, INTERIM, eff
7-1-97, EXPIRES: 10-29-97; ss by #6619-B, eff 10-29-97; (See Revision Note at
chapter heading for Env-Sw 800); ss by #8459, eff 10-28-05 (formerly Env-Wm 2505.10);
ss by #10597, eff 7-1-14
Env-Sw 805.11 Other
Landfill Design Requirements.
(a) The sequencing
of facility development shall be planned based on subdividing the footprint
into areas separated by berms.
(b) The subdivisions
of a footprint shall be referred to as phases, stages and cells, each term
being used as defined in Env-Sw 102-104.
(c) A facility shall
be comprised of one or more phases, within which may exist one or more stages, within
which may exist one or more cells, depending on the size of the facility and
the design of the leachate management system.
(d) The layout and
the configuration of, and the sequence for developing the phases, stages and
cells shall, by design:
(1) Limit leachate generation by controlling the
amount of area open to active operation and otherwise placing waste in a
controlled manner consistent with the requirements in Env-Sw 806.02;
(2) Limit the length of time unused cells remain
inactive; and
(3) Avoid the need to
decommission groundwater monitoring wells as facility development proceeds and
new stages or phases are constructed.
(e) Fill sequencing
plans shall be prepared as part of the facility operating plan to show clearly
the sequencing of facility development.
(f) Fill sequencing
plans shall:
(1) Show elevations and placements of lifts, as
well as general access points;
(2) Be compatible with
the facility’s leachate management system design capabilities and limitations;
(3) Be compatible with the facility’s stormwater
management system design capabilities and limitations;
(4) Be compatible with the facility closure
design; and
(5) Provide information and detail sufficient to
allow a facility operator to operate the landfill in accordance with the
approved design.
(g) Main access
roads within the property boundary of a landfill leading to and from the
working face of the landfill shall be designed and maintained to support the required
loading, as well as limit to the extent practicable traffic congestion, road
safety hazards and dust production.
(h) Main access
roads onto or into property shall be fenced if necessary to catch blowing
paper.
(i) Landscaping
features shall be incorporated in conformance with Env-Sw 1103.04.
(j) Final grades at
the facility shall be designed to blend with surrounding features to the
greatest extent practicable.
(k) Perimeter and
interior berms shall be analyzed for stability.
(l) The vegetated
buffer zone required by Env-Sw 804.04(c) shall be:
(1) Established and maintained to minimize
impacts to abutting properties; and
(2) Designed to minimize the impact of ingress
and egress access roads on abutting properties.
Source. #5172, eff 7-1-91; ss by #6535, INTERIM, eff
7-1-97, EXPIRES: 10-29-97; ss by #6619-B, eff 10-29-97; (See Revision Note at
chapter heading for Env-Sw 800); ss by #8459, eff 10-28-05 (formerly Env-Wm
2505.11); ss by #10597, eff 7-1-14
Env-Sw 805.12 MSW
Landfill Design Standards.
(a) Landfills
receiving municipal solid waste (MSW) shall be designed as double-lined
facilities pursuant to Env-Sw 805.05.
(b) Landfills receiving
MSW shall be designed to provide the capability to operate in a manner that
promotes rapid biological stabilization of landfilled wastes, as by leachate
recirculation or bioreactor technologies, or both.
Source. #5172, eff 7-1-91; ss by #6535, INTERIM, eff
7-1-97, EXPIRES: 10-29-97; ss by #6619-B, eff 10-29-97; (See Revision Note at
chapter heading for Env-Sw 800); ss by #8459, eff 10-28-05 (formerly Env-Wm
2505.12); ss by #10597, eff 7-1-14
Env-Sw 805.13 MSW
Incinerator Ash Landfill Design Standards.
Landfills receiving MSW incinerator ash shall be double-lined facilities
pursuant to the requirements of Env-Sw 805.05.
Source. #5172, eff 7-1-91; ss by #6535, INTERIM, eff
7-1-97, EXPIRES: 10-29-97; ss by #6619-B, eff 10-29-97; (See Revision Note at
chapter heading for Env-Sw 800); ss by #8459, eff 10-28-05 (formerly Env-Wm
2505.13); ss by #10597, eff 7-1-14
Env-Sw 805.14 Construction/Demolition
Debris Landfill and Coal Ash Landfill Design Standards.
(a) Except as
provided by Env-Sw 805.15 and subject to (b) below, landfills receiving
construction and demolition debris only or coal ash only may be designed as
single-lined facilities pursuant to the requirements of Env-Sw 805.05.
(b) If, based on an
evaluation of the facility’s proposed operating plan and identification of the
specific type or source of the wastes, the characteristics of the wastes cannot
be consistently determined or assured or the characteristics pose a threat to
groundwater quality, the facility shall be a double-lined facility.
(c) Design features
shall include the means to control and extinguish fires which might occur
within the landfill and to otherwise limit the potential for liner damage due
to fire.
(d) Landfills which
co-mingle construction and demolition debris with other waste types shall meet
the design requirements set forth in this part relative to the other waste
types, if the latter are more stringent than the requirements set forth in (a)
above.
Source. #5172, eff 7-1-91; ss by #6535, INTERIM, eff
7-1-97, EXPIRES: 10-29-97; ss by #6619-B, eff 10-29-97; (See Revision Note at
chapter heading for Env-Sw 800); ss by #8459, eff 10-28-05 (formerly Env-Wm
2505.14); ss by #10597, eff 7-1-14
Env-Sw 805.15 Design
Standards for Landfills Receiving Other Solid Waste Types.
(a) Landfills for
any waste type(s) not specifically identified in Env-Sw 805.12 through Env-Sw
805.14 shall be designed as double lined facilities, except as provided by (b)
below and subject to the landfilling prohibitions in Env-Sw 806.12.
(b) Landfills which
receive only stumps and brush or only asbestos or only inert demolition debris,
as assured through the provisions of the facility’s operating plan, may be
designed as unlined landfills pursuant to Env-Sw 805.02(b).
Source. #5172, eff 7-1-91; ss by #6535, INTERIM, eff
7-1-97, EXPIRES: 10-29-97; ss by #6619-B, eff 10-29-97; (See Revision Note at
chapter heading for Env-Sw 800); ss by #8459, eff 10-28-05 (formerly Env-Wm
2505.15); ss by #10597, eff 7-1-14
Env-Sw 805.16 Quality
Assurance/Quality Control (QA/QC) Standards for Liner and Capping Systems.
(a) Liners and
capping systems shall be tested and placed in strict accordance with a quality
assurance/quality control (QA/QC) plan developed in accordance with this part
and approved by the department as part of the construction contract documents
provided pursuant to the provisions for a type II permit modification in Env-Sw
315.
(b) The QA/QC plan for
the soil components within a leachate collection system and within a leak
detection system, and the soil drainage and gas migration layers within a
capping system shall, at a minimum, specify criteria for acceptance based on
the following tests:
(1) Grain size distribution pursuant to ASTM
D422-63 (2007) for:
a. Every 3,000 cubic yards of unprocessed sand;
or
b. Every 10,000 cubic
yards of sand which has been processed to meet the project specifications;
(2) Hydraulic conductivity pursuant to ASTM
D2434-68 (2006) for each new source of sand material except for the gas
migration layer(s); and
(3) Calcium carbonate content pursuant to ASTM
D4373-02(2007) for each new source of sand material except for the gas
migration layer.
(c) The QA/QC plan
for soil liners and caps shall, at a minimum, specify:
(1) Compaction test method pursuant to ASTM
D698-12 or ASTM D1557-12 and testing frequency for liner or cap material;
(2) Permeability test method pursuant to ASTM
D5084-10 and testing frequency for liner or cap material;
(3) In place sampling method pursuant to ASTM
D1587-08(2012)e1 and permeability testing frequency of the constructed liner or
cap;
(4) Criteria for acceptance of liner or cap; and
(5) Provisions for correcting the installation of
off-specification materials.
(d) Geomembranes
used as materials for the capping and lining of a landfill shall be
manufactured, handled, deployed, seamed and inspected in accordance with a
QA/QC plan as follows:
(1) The QA/QC plan shall require:
a. The project engineer pursuant to Env-Sw
1104.06 or his/her designee to verify the quality of the geomembrane material
and all phases of geomembrane construction; and
b. The project engineer or his/her designee to
be present on site at all times during handling, deployment, seaming, testing
and covering of any geomembrane liner or cap and have the authority to order
testing and to reject any materials or constructed systems which might affect
the liner's or cap’s performance for any reason;
(2) The QA/QC plan shall:
a. State clearly the minimum qualifications of
the project engineer and his/her designee, if any;
b. Outline the specific duties of the project
engineer or his/her designee with respect to the QA/QC plan; and
c. Require the project engineer to provide QA
reports as specified in Env-Sw 1104.04;
(3) The QA/QC plan shall contain manufacturer’s
quality assurance requirements to assure that geomembranes used for landfill liners
or caps shall be of a consistent quality and meet the project specifications;
(4) The QA/QC plan, at a minimum, shall:
a. State the type of geomembrane and the minimum
requirements of raw material quality and formulation; and
b. Identify the minimum acceptance standards for
manufactured geomembrane sheets, including overall sheet quality, a list of
acceptable index properties and quality of factory seams;
(5) The QA/QC plan shall
reference the appropriate standard tests, such as ASTM or Geosynthetics
Research Institute (GRI), to verify that the requirements cited in (4) above
have been met;
(6) To assure that geomembrane material shall not
be damaged from the time it leaves the factory to the time it is finally
covered, the QA/QC plan shall address the following:
a. Requirements for shipping, handling and site
storage to assure that the material shall be protected from damage and
sunlight;
b. Minimum quality standards for the subgrade
upon which the geomembrane will rest;
c. Provisions for the project engineer or
his/her designee to inspect the subgrade prior to placement of any geomembrane
and, pursuant to Env-Sw 1104.04, certify that the subgrade has been installed
in accordance with contract documents;
d. Standards for the placement of geomembrane
material which address, at a minimum, placement methods, unfavorable weather
conditions, excessive heat or cold, and wind; and
e. The upper limit on the amount of patching any
geomembrane panel can receive;
(7) The QA/QC plan shall contain minimum
requirements for seam quality and specific remedies for when the minimum
requirements are not met;
(8) The QA/QC plan, at a minimum, shall:
a. Verify the competence
of seaming and welding equipment and personnel prior to seaming and welding;
b. State the frequency at which testing shall
occur and the testing protocol to be met;
c. Require the project
engineer or his/her designee to have authority to reject any equipment or
personnel not passing the tests specified by the QA/QC plan;
d. Specify testing for seam strength at a
specified interval and criteria for pass/fail; and
e. Specify testing for seam continuity;
(9) The QA/QC plan shall reference the
appropriate standard tests, such as ASTM or GRI, to verify that the
requirements cited in (8) above have been met;
(10) The QA/QC plan shall contain provisions for
protecting the geomembrane during covering and backfilling; and
(11) The QA/QC plan shall be:
a. Part of the specifications for the contract documents
prepared and submitted to the department for construction approval, pursuant to
Env-Sw 1104 and the provisions for a type II permit modification in Env-Sw 315;
and
b. Be approved by the department as a condition
of any construction approval granted.
Source. #5172, eff 7-1-91; ss by #6535, INTERIM, eff
7-1-97, EXPIRES: 10-29-97; ss by #6619-B, eff 10-29-97; (See Revision Note at
chapter heading for Env-Sw 800); ss by #8459, eff 10-28-05 (formerly Env-Wm
2505.16); ss by #10597, eff 7-1-14
Env-Sw
805.17 Vertical Expansion of Landfills.
(a)
No permit shall be granted for vertical expansion of a landfill, as
defined in Env-Sw 104.61 unless:
(1) The existing landfill is equipped with a
double liner system meeting the requirements of Env-Sw 805.05; or
(2) The vertical expansion incorporates a double
liner system meeting the requirements of Env-Sw 805.05 over the existing
landfill.
(b)
All mechanically-stabilized
earth berms used to retain waste within the vertical expansion of a
landfill shall be:
(1) Designed with a static factor of safety of at
least 1.5 against overturning and sliding;
(2) Constructed on a stable
foundation as demonstrated by calculations and geotechnical investigation; and
(3) Separated from stored waste by a double liner
system meeting the requirements of Env-Sw 805.05.
Source. #10597, eff 7-1-14
PART
Env-Sw 806 OPERATING REQUIREMENTS
Env-Sw 806.01 Applicability.
(a) The operating
requirements in this part shall apply to all landfills, except:
(1) Existing landfills which ceased operating
prior to October 29, 1997 and do not resume operations on or after October 29,
1997;
(2) Permit-exempt landfills identified in Env-Sw
302.03 or Env-Sw 810;
(3) Permit-by-notification landfills having an
active life of 90 days or less;
(4) Research and development permit facilities as
provided by Env-Sw 312.02(b); and
(5) Emergency permit facilities as provided by
Env-Sw 313.02(b).
(b) The operating
requirements in this part shall apply as the complement of operating
requirements in Env-Sw 1005 for all facilities, Env-Sw 1105 for facilities
having an active life longer than 90 days, Env-Sw 1204 for
permit-by-notification facilities and, depending on the type of waste managed,
Env-Sw 900.
Source. #5172, eff 7-1-91; ss by #6535, INTERIM, eff
7-1-97, EXPIRES: 10-29-97; ss by #6619-B, eff 10-29-97; (See Revision Note at
chapter heading for Env-Sw 800); ss by #8459, eff 10-28-05 (formerly Env-Wm
2506.01); ss by #10597, eff 7-1-14
Env-Sw 806.02 Waste
Placement.
(a) As part of the facility
operating plan, a fill sequencing plan shall be developed in accordance with
Env-Sw 805.11 and implemented in accordance with the requirements of this
section.
(b) Wastes shall be
placed only within the permitted vertical and lateral limits of the landfill.
(c) Wastes shall be
placed in a controlled manner, in accordance with the fill sequencing plans.
(d) Fill sequencing
plans shall be developed on the basis of limiting the quantity of leachate a
facility generates, through grading and covering techniques which maximize the
quantity of received precipitation that can be handled as stormwater.
(e) Unloading of
waste shall be confined to the smallest practical area.
(f) Exposed waste on
the working face of the landfill shall be limited, to reduce precipitation
contact with the waste and to allow the area to be covered as required pursuant
to Env-Sw 806.03.
(g) All waste shall
be evenly spread in shallow lifts and compacted, in accordance with plans and
procedures which:
(1) Assure stability;
(2) Limit potential future settlement;
(3) Limit rainfall infiltration; and
(4) Are consistent with the progressive
development of final grades.
(h) The first layer
of waste placed above the leachate collection layer shall be a minimum of 4
feet in compacted thickness and be of a select nature containing no large or
rigid objects, such as pipes or posts, that might cause damage to the liner
system or instability.
Source. #5172, eff 7-1-91; ss by #6535, INTERIM, eff
7-1-97, EXPIRES: 10-29-97; ss by #6619-B, eff 10-29-97; (See Revision Note at
chapter heading for Env-Sw 800); ss by #8459, eff 10-28-05 (formerly Env-Wm
2506.02); ss by #10597, eff 7-1-14
Env-Sw 806.03
Landfill Cover During Operations.
(a) An approved
cover material shall be applied over all sides and working faces of the
landfill in a manner and at a frequency required to achieve the following
performance objectives:
(1) Minimize the dispersal of offensive odors;
(2) Minimize the potential to attract and harbor
vectors;
(3) Control drainage in accordance with Env-Sw
805.06, Env-Sw 805.09, Env-Sw 806.05, and Env-Sw 806.06;
(4) Control unsightly conditions and windblown
waste;
(5) Reduce the potential for fire;
(6) Provide stability; and
(7) Assist in the proper development of final
grades, as set forth in the facility’s approved fill sequencing plans.
(b) A material shall
not be approved or used as cover material unless:
(1) The material exhibits characteristics
required to achieve the performance objectives in (a) above;
(2) Use of the material will not:
a. Cause equipment or operational problems;
b. Contribute to the deterioration of leachate quality
at lined landfills;
c. Cause groundwater contamination at unlined
landfills; or
d. Pose a hazard to human health through skin
contact or respiration; and
(3) The material itself:
a. Is not a hazardous waste;
b. Is physically and chemically consistent in
nature; and
c. Contains no free liquids.
(c) At landfills
receiving MSW, cover material shall be placed over all exposed waste no less
frequently than at the end of each operating day.
(d) Subject to the
requirements in (b) above, the following materials shall be approved as working
face cover material:
(1) Natural soils; and
(2) The following alternate materials, provided
that use of the material is approved as part of the facility operating plan or approved
as a type III permit modification pursuant to Env-Sw 315:
a. Geosynthetic tarps;
b. Casting sands;
c. A waste certified for distribution and use as
landfill cover pursuant to the provisions of Env-Sw 1500; and
d. Contaminated soil, subject to the
requirements of Env-Sw 903.05.
Source. #5172, eff 7-1-91; ss by #6535, INTERIM, eff
7-1-97, EXPIRES: 10-29-97; ss by #6619-B, eff 10-29-97; ss by #6894-B, eff
12-1-98; (See Revision Note at chapter heading for Env-Sw 800); ss by #8459,
eff 10-28-05 (formerly Env-Wm 2506.03); ss by #10597, eff 7-1-14
Env-Sw 806.04 Operating
Standards for Groundwater and Surface Water Monitoring. A water quality monitoring program shall be implemented
at all landfills, if required pursuant to the provisions of RSA 485-C.
Source. #5172, eff 7-1-91; ss by #6535, INTERIM, eff
7-1-97, EXPIRES: 10-29-97; ss by #6619-B, eff 10-29-97; (See Revision Note at
chapter heading for Env-Sw 800); ss by #8459, eff 10-28-05 (formerly Env-Wm
2506.04); ss by #10597, eff 7-1-14
Env-Sw 806.05 Leachate
Management Requirements.
(a) Leachate
generated at a lined landfill shall be managed either:
(1) By collecting and removing it from the liner
system(s) to an approved treatment or disposal facility as described in (b)
through (e), below; or
(2) Pursuant to an approval to use an innovative
alternative leachate management system as described in (f) through (l), below.
(b) As part of a facility’s operating plan, a leachate
management plan shall be developed and implemented at all lined landfills,
based on the following criteria:
(1) Routine facility operations, including
operations during the 25-year storm event, shall not result in more than one
foot of hydraulic head on the liner system(s);
(2) The quantity of
leachate generated at the facility shall be limited to the extent possible, by
properly planning the sequenced development of the facility, properly managing
stormwater infiltration and inflow, minimizing the active area of the landfill
and applying cover in accordance with Env-Sw 806.03;
(3) No less than 2 locations for leachate
treatment or disposal shall be available by written agreement to manage the
quantity of leachate generated by the facility during its active life, except
as provided in (4) below;
(4) Facilities that are directly connected to
permitted wastewater treatment facility need only to provide one location for
leachate management, other than the treatment facility;
(5) The recirculation of leachate shall be
prohibited at ash monofills;
(6) At MSW landfills, leachate recirculation
shall be allowed if approved by the department subject to (7) below, as part of
the facility's operating plan prepared pursuant to Env-Sw 1105; and
(7) The practice of leachate recirculation shall:
a. Not adversely affect the quality of the
leachate so as to preclude its acceptance at waste water treatment facilities listed
in the leachate management plan;
b. Not cause the facility to operate in excess
of 12 inches of hydraulic head on the liner under routine operations including
the 25-year storm event;
c. Not result in a loss of structural stability;
d. Not be adversely affected by weather
conditions, such as freezing temperatures or periods of heavy rainfall; and
e. Provide a benefit to facility operations,
exclusive of any short or long-term economic benefit which may be associated
with postponing leachate collection and removal.
(c) Storage capacity
shall be required to contain the leachate generated by the precipitation from
the 100-year storm event in accordance with Env-Sw 805.06.
(d) A pumping and removal
schedule shall be incorporated into facility operations to assure the
availability of storage capacity.
(e)
Regularly-scheduled inspections and routine maintenance of the leachate
collection and removal systems shall be established as part of the facility’s
operating plan to limit clogging of the systems and to otherwise assure the
functional integrity of the systems.
(f)
The permittee of a landfill having a leachate collection system designed
and constructed to maintain less than a 30-cm depth of leachate on the liner
may apply for approval to use innovative alternative leachate management
methods which vary from the requirements of (a) through (e), above, and the
run-on control systems in 40 CFR 258.26(a)(1), July 1, 2009, or the liquids restrictions
in 40 CFR 258.28(a), July 1, 2009, or both.
(g) Prior to implementing any innovative
alternative leachate management method, the permittee shall apply for a type
I-B permit modification as specified in Env-Sw 315.05.
(h)
The department shall not approve an application for an innovative alternative
leachate management method unless the permittee demonstrates that the
innovative alternative method will not cause contamination of groundwater or
surface water, or cause leachate depth on the liner to exceed 30 cm.
(i) Any permit modification issued pursuant to
(h), above, shall include such terms and conditions as are necessary to ensure
that the innovative alternative leachate management method is at least as
protective as the leachate management methods otherwise required by (a) through
(e), above, including but not limited to conditions relating to monitoring and
testing the efficacy and performance capabilities of the innovative alternative
technology or process and reporting on the efficacy and performance
capabilities of the innovative alternative method.
(j) A permit modification issued pursuant to (h),
above, shall be valid for 3 years, subject to the following:
(1) The permittee shall maintain compliance with all
terms and conditions of the permit, the Solid Waste Rules, and 40 CFR 258.4,
July 1, 2009;
(2) If such compliance is not maintained, the
permit modification shall be terminated or other corrective measures shall be
ordered, in accordance with 40 CFR 258.4(d), July 1, 2009;
(3) If the permittee wishes to continue using the
innovative alternative method beyond the term of the permit modification, the
permittee shall apply for renewal at least 90 days prior to the expiration of
the modification by submitting a written renewal application and a report,
including supporting data, which documents the efficacy and performance
capabilities of the innovative alternative method; and
(4) The department shall renew the modification
to allow continued use of the innovative alternative method if:
a. The permittee demonstrates that the
innovative alternative method is effective in preventing contamination of
groundwater or surface water and that leachate depth on the liner has not
exceeded 30 cm; and
b. The permittee is in compliance with all terms
and conditions of the permit, the Solid Waste Rules, and 40 CFR 258.4, July 1,
2009.
(k) A renewal under (j), above, shall be valid
for 3 years, provided however that the total term for an innovative alternative
method including renewals shall not exceed 12 years.
(l) The limitations in 40 CFR 258.4(f), July 1,
2009, relative to small MSWLF units shall apply.
Source. #5172, eff 7-1-91; ss by #6535, INTERIM, eff
7-1-97, EXPIRES: 10-29-97; ss by #6619-B, eff 10-29-97; (See Revision Note at
chapter heading for Env-Sw 800); ss by #8459, eff 10-28-05 (formerly Env-Wm
2506.05); amd by #9695, eff 4-22-10; ss by #10597, eff 7-1-14
Env-Sw 806.06 Stormwater
Management Requirements. The
permittee shall grade the site to redirect run-on and run-off away from the
active face of the landfill, reduce the amount of leachate generated, and
reduce the potential for erosion, in accordance with Env-Sw 805.09.
Source. #5172, eff 7-1-91; ss by #6535, INTERIM, eff
7-1-97, EXPIRES: 10-29-97; ss by #6619-B, eff 10-29-97; (See Revision Note at
chapter heading for Env-Sw 800); ss by #8459, eff 10-28-05 (formerly Env-Wm 2506.06);
ss by #10597, eff 7-1-14
Env-Sw 806.07 Decomposition
Gas Control Requirements.
(a) Decomposition
gases shall be controlled to prevent hazards to health, safety or property.
(b) Facility operations
shall not cause the concentration of methane and other explosive gases to:
(1) Exceed 25 percent of
the lower explosive limit for gases in structures on or off-site, excluding
leachate collection and gas control and recovery components; and
(2) Exceed 50 percent of
the lower explosive limit for the gases at and beyond the property boundary
within the soil.
(c) To assure that
the requirements in (a) above are met, a monitoring program shall be
implemented by the permittee in accordance with provisions in the facility's
approved operating plan and closure plan.
(d) The type and
frequency of monitoring shall be based on the following factors:
(1) Soil conditions;
(2) The hydrogeological and hydraulic conditions
surrounding the disposal area; and
(3) The location of any man-made structures and
property boundaries.
(e) If methane or
other explosive gases are detected above the limits specified in (b) above, the
permittee shall notify the department immediately and implement contingency procedures
to ensure the protection of public health and safety.
(f) A decomposition
gas program shall be implemented by the permittee under the provisions of the
facility’s approved operating plan and closure plan to assure that the facility
complies with the federal clean air act and state air quality standards.
(g) A written plan
for confined space entry, based on the standards specified by Federal
Occupational, Safety and Health Administration (OSHA) requirements in 29 CFR 1910.146,
shall be prepared and implemented as part of facility operations.
(h) For landfills
with active gas extraction systems, the permittee shall maintain authority for
complete operational control of any and all gas extraction wells and blower
systems, together with at least one mechanism for destroying the gas.
(i) The permittee
may transmit landfill gas collected using an active gas extraction system to
other locations for use as fuel, provided the permittee complies with all
federal, state, and local requirements that apply to the method by which the
gas is transmitted.
Source. #5172, eff 7-1-91; ss by #6535, INTERIM, eff
7-1-97, EXPIRES: 10-29-97; ss by #6619-B, eff 10-29-97; (See Revision Note at
chapter heading for Env-Sw 800); ss by #8459, eff 10-28-05 (formerly Env-Wm
2506.07); ss by #10597, eff 7-1-14
Env-Sw 806.08 Inspections,
Maintenance, Monitoring and Reporting Requirements.
(a) This section
establishes requirements, in addition to those requirements specified in Env-Sw
1000 and Env-Sw 1100, for inspecting, maintaining and monitoring landfills
which have not undergone closure pursuant to an approved closure plan, and
specifies the reporting requirements related thereto.
(b) Unless otherwise
specified, the word “daily” as used in this section shall mean on each
operating day.
(c) The permittee
shall regularly inspect and maintain all facility components, including:
(1) Roads;
(2) Berms;
(3) Active and inactive filling areas;
(4) Pipes;
(5) Vaults;
(6) Valves;
(7) Tanks;
(8) Ponds;
(9) Equipment;
(10) Temporary, intermediate and final cover;
(11) Groundwater monitoring wells; and
(12) Gas management devices.
(d) Leachate management
systems shall be monitored, and the data recorded in the facility operating
records, as follows:
(1) The hydraulic head elevation on the liner
shall be measured at the low point of a cell, phase or stage where leachate is collected,
and recorded:
a. At
least once per month;
b. After
each storm event greater than or equal to the 2-year/24-hour storm; and
c. If the
hydraulic head is found to be 12 inches or greater, daily until the hydraulic
head is less than 12 inches;
(2) The quantity of leachate collected off the
liner systems and transported off-site or treated shall be measured daily, and
the destination recorded;
(3) Flow in the secondary leachate collection
system(s), shall be measured and recorded:
a. At least
once per week; and
b. More
frequently when required to complete an investigation pursuant to (k) below;
(4) The average flow in the secondary leachate
collection system(s) occurring during the 30-day operating period preceding the
last measurement shall be calculated, recorded and, when required pursuant to
(k) below, reported;
(5) Analytical characteristics, based on
representative samples taken from the primary leachate collection system in
April, July and November, shall be determined for the following parameters:
a. pH;
b
Temperature;
c.
Chemical oxygen demand (COD);
d
Specific conductance;
e. Iron;
f.
Manganese;
g.
Sulfates;
h.
Chlorides;
i.
Chromium;
j. Lead;
k.
Cadmium; and
l. Except
for ash landfills, volatile organic compounds (VOCs); and
(6) The liquid level in the leachate storage
tanks shall be measured on a daily basis at facilities not connected to a
wastewater treatment facility and on a weekly basis at facilities connected to
a wastewater treatment facility.
(e) Landfill gas
concentrations shall be measured no less than quarterly and in accordance with
Env-Sw 806.07.
(f) Groundwater and
surface water quality monitoring systems shall be monitored and the data reported
as required pursuant to RSA 485-A or RSA 485-C, as applicable.
(g) Facilities shall
file quarterly and annual reports in accordance with Env-Sw 303, according to
the following schedule:
(1) Quarterly reports shall be filed no later
than 30 days following the end of the quarterly reporting period; and
(2) Annual reports shall be filed no later than
March 31 of the year following the calendar year being reported.
(h) The quarterly
report shall include:
(1) The name and permit number of the reporting
facility;
(2) The data specified by (d) and (e) above,
excluding leachate analytical data required by (d)(5);
(3) Quantity and type of waste received by the
facility daily, in tons;
(4) Data units for each type of data reported;
(5) Reporting period or dates the data was
collected, for each type of data reported; and
(6) Monthly and quarterly subtotals for each type
of data reported.
(i) The leachate
analytical data required pursuant to (d)(5), above, shall be filed in accordance
with Env-Sw 303, no later than 30 days following receipt of analytical results.
(j) Annual reports
shall:
(1) Be prepared as specified by Env-Sw 1105.13
and Env-Sw 1105.14, as applicable; and
(2) Include:
a. A
summary of the facility inspection and maintenance activities; and
b. An
analysis of remaining capacity based on a site survey which identifies the
remaining facility capacity.
(k) The following
reporting requirements shall apply to the average secondary leachate collection
system flow rates occurring over a 30-day period:
(1) Rates less than or equal to 25 gallons per
tributary acre per day shall be reported to the department in accordance with
(h) above no less than quarterly;
(2) Rates which exceed 25 gallons per tributary
acre per day shall be reported to the department within one week of identifying
the rate, except for flow which the department agrees is the result of the
dewatering of the drainage layer following construction; and
(3) Except for flow which the department agrees
is the result of the dewatering of the drainage layer following construction,
rates which exceed 100 gallons per tributary acre per day shall require the
permittee to file an investigation report with the department in accordance
with Env-Sw 806.09.
(l) Destruction of
facility records shall not occur unless approved by the department pursuant to
the provisions for a type V permit modification in Env-Sw 315.
Source. #5172, eff 7-1-91; ss by #6535, INTERIM, eff
7-1-97, EXPIRES: 10-29-97; ss by #6619-B, eff 10-29-97; ss by #8459, eff
10-28-05 (formerly Env-Wm 2506.08); ss by #10597, eff 7-1-14
Env-Sw 806.09 Other
Operating Standards.
(a) Equipment for spreading,
compacting and covering solid wastes under all anticipated weather conditions
shall be available and in operating condition at all times.
(b) Auxiliary
equipment shall be available as required by the facility’s operating plan.
(c) Salvaging of
solid waste shall be controlled so as not to interfere with landfill operations
and not to harbor vectors or otherwise result in violating the universal
facility requirements in Env-Sw 1000.
(d) Salvaging that
constitutes landfill reclamation shall be subject to Env-Sw 808.
(e) The permittee
shall investigate the occurrence of flow rate in the secondary leachate
collection system that exceeds 100-gallons per tributary acre per day and which
cannot be reasonably attributed to the dewatering of the drainage layer
following construction.
(f) The
investigation in (e) above shall be for the purpose of identifying the
potential cause(s) and appropriate response actions related thereto, which
shall be reported to the department in writing in the form of a proposed
response action plan.
(g) The permittee
shall implement the approved response action plan to include any of the
following actions deemed necessary on the basis of the likely cause and remedy
of the problem:
(1) Increasing monitoring and reporting;
(2) Instituting operational changes to limit
hydraulic head on the overlying liner;
(3) Locating and repairing leak(s);
(4) Retrofitting the overlying liner; or
(5) Closing part or all of the facility if necessary
to protect human health and environment.
Source. #5172, eff 7-1-91; ss by #6535, INTERIM, eff
7-1-97, EXPIRES: 10-29-97; ss by #6619-B, eff 10-29-97; (See Revision Note at
chapter heading for Env-Sw 800); ss by #8459, eff 10-28-05 (formerly Env-Wm
2506.09); ss by #10597, eff 7-1-14
Env-Sw 806.10 Construction/Demolition
Debris Landfill Operating Requirements.
Landfills receiving construction and demolition debris shall comply with
the operating standards set forth in this part and in Env-Sw 805.14.
Source. #5172, eff 7-1-91; ss by #6535, INTERIM, eff
7-1-97, EXPIRES: 10-29-97; ss by #6619-B, eff 10-29-97; (See Revision Note at
chapter heading for Env-Sw 800); ss by #8459, eff 10-28-05 (formerly Env-Wm
2506.10); ss by #10597, eff 7-1-14
Env-Sw 806.11 Asbestos
Waste Landfill Operating Requirements.
Landfills receiving asbestos shall operate in compliance with Env-Sw
901, this part and Env-Sw 805.15.
Source. #5172, eff 7-1-91; amd by #5297, eff
12-24-91; ss by #6535, INTERIM, eff 7-1-97, EXPIRES: 10-29-97; ss by #6619-B, eff
10-29-97; (See Revision Note at chapter heading for Env-Sw 800); ss by #8459,
eff 10-28-05 (formerly Env-Wm 2506.11); ss by #10597, eff 7-1-14
Env-Sw 806.12 Prohibitions. The following wastes shall not be landfilled:
(a) Untreated
infectious waste;
(b) Contained
gaseous waste;
(c) Liquid wastes
(d) Wet cell
batteries, pursuant to RSA 149-M:27, II;
(e) Leaf or yard
waste, except as provided in RSA 149-M:27, III;
(f) Video display
devices, central processing units from computers, or non-mobile video display media recorders or players, pursuant to RSA
149-M:27, IV;
(g) Mercuric oxide batteries, pursuant to RSA
149-M:28, IV; and
(h) Mercury-added products, pursuant to RSA
149-M:58, I.
Source. #5172, eff 7-1-91; ss by #6535, INTERIM, eff
7-1-97, EXPIRES: 10-29-97; ss by #6619-B, eff 10-29-97; (See Revision Note at
chapter heading for Env-Sw 800); ss by #8459, eff 10-28-05 (formerly Env-Wm
2506.12); ss by #10597, eff 7-1-14
PART Env-Sw 807 CLOSURE REQUIREMENTS
Env-Sw 807.01 Applicability.
(a) The rules in
this part shall apply to closure of all landfills, except:
(1) Facilities that have closed in accordance
with a department-approved closure plan and have achieved the performance
standards in Env-Sw 807.04;
(2) Permit-exempt facilities, operated and closed
in compliance with the exemption;
(3) Permit-by-notification facilities having an
active life of 90 days or less, which have operated and closed in compliance with
the permit-by-notification;
(4) Research and development permit facilities as
provided by Env-Sw 312.02(b); and
(5) Emergency permit facilities as provided by
Env-Sw 313.02(b).
(b) The closure
requirements in this part shall apply as the complement of the closure
requirements in Env-Sw 1006 for all facilities, Env-Sw 1106 for facilities
having an active life longer than 90 consecutive days and, depending on the
type of waste managed, Env-Sw 900.
Source. #5172, eff 7-1-91; ss by #6535, INTERIM, eff
7-1-97, EXPIRES: 10-29-97; ss by #6619-B, eff 10-29-97; (See Revision Note at
chapter heading for Env-Sw 800); ss by #8459, eff 10-28-05 (formerly Env-Wm
2507.01); ss by #10597, eff 7-1-14
Env-Sw 807.02 Closure
Scheduling.
(a) Except as noted
in (b) below, a landfill which has operated in compliance with its permit shall
be subject to closure on a schedule specified in the permit based on the
facility capacity and life expectancy.
(b) A landfill which
holds a temporary permit shall be subject to closure on a schedule determined
pursuant to Env-Sw 307.
(c) Other circumstances which shall provide cause for
closure shall be as specified in Env-Sw 1006.01.
Source. #5172, eff 7-1-91; ss by #6535, INTERIM, eff
7-1-97, EXPIRES: 10-29-97; ss by #6619-B, eff 10-29-97; amd by #6894-B, eff
12-1-98; (See Revision Note at chapter heading for Env-Sw 800); ss by #8459,
eff 10-28-05 (formerly Env-Wm 2507.02); ss by #10597, eff 7-1-14
Env-Sw 807.03 Landfill
Closure and Post-Closure Requirements.
(a) Landfills shall
be closed in accordance with an approved closure plan pursuant to Env-Sw 1106.
(b) Subject to (c), below, landfill closure and
post-closure activities shall involve all activities required at a facility to
achieve the performance standards in Env-Sw 807.04, including:
(1) Terminating active use of the facility;
(2) At unlined landfills, investigating the
extent of waste to groundwater contact zones, if any, and if required under RSA
485-C:
a. Removing the waste out of groundwater; or
b. Lowering the groundwater table;
(3) Consolidating landfilled waste within the permitted
footprint, grading slopes and otherwise configuring the facility for acceptance
of a capping system that meets the requirements of Env-Sw 805.10;
(4) Constructing and maintaining a capping system
at the facility which meets the standards set forth in Env-Sw 805.10;
(5) Constructing, operating and maintaining a
stormwater management system for the capped facility and site in accordance
with the standards set forth in Env-Sw 805.09 and Env-Sw 806.06;
(6) Operating and maintaining the facility's
leachate management system in accordance with Env-Sw 806.05 and in accordance
with a schedule specified in the approved post-closure monitoring and
maintenance plan;
(7) Operating, maintaining and monitoring the facility’s
leak detection system(s) in accordance with the provisions of the approved
post-closure monitoring and maintenance plan;
(8) Constructing,
operating and maintaining the facility’s groundwater and surface water
monitoring system and implementing the facility’s approved post-closure
groundwater and surface water monitoring program in accordance with RSA 485-C;
(9) Constructing, operating, and maintaining the
facility's decomposition gas control system as applicable, in accordance with
Env-Sw 806.07;
(10) Monitoring settlement, both by visual
inspection and by using established control points, and making related repairs
to the facility as needed including the repair of areas where settlement
exceeds the capping system’s design tolerances and the repair of areas where
settlement results in the loss of positive drainage;
(11) Providing control of access to the facility
in accordance with Env-Sw 1104 and to facilitate compliance with the
performance standards provided in Env-Sw 807.04 and to otherwise limit threats
to public health, safety and the environment;
(12) Providing financial assurance for the cost of
post-closure monitoring, in accordance with Env-Sw 1400;
(13) Meeting all requirements in Env-Sw 807.05 and
filing all reports with the department in accordance with Env-Sw 1105.14; and
(14) Undertaking any other activities, including
remedial activities, as necessary to achieve compliance with Env-Sw 807.04.
(c) Maintaining a
closed landfill or any component thereof shall include all inspection,
monitoring and repair work required to satisfy the performance standards in
Env-Sw 807.04 and the reporting requirements in Env-Sw 807.05.
(d) For landfills
existing prior to October 29, 1997 and located on property not owned by the
permittee, the permittee shall obtain legal rights of access to the property
prior to facility closure for the purpose of meeting all required closure and
post-closure obligations at the facility in accordance with the solid waste rules. Such legal rights of access shall be for a
period of time not less than 99 years.
Source. #5172, eff 7-1-91; amd by #5297, eff
12-24-91; ss by #6535, INTERIM, eff 7-1-97, EXPIRES: 10-29-97; ss by #6619-B,
eff 10-29-97; (See Revision Note at chapter heading for Env-Sw 800); ss by
#8459, eff 10-28-05 (formerly Env-Wm 2507.03); ss by #10597, eff 7-1-14
Env-Sw 807.04 Performance
Standards. The permittee shall
implement an approved closure plan requiring that:
(a) The facility and
site effectively cease generating leachate;
(b) The facility and
site effectively cease generating decomposition gases;
(c) The facility and site achieve maximum settlement, with
the capping system intact and no reasonable expectation that integrity of the
capping system will be at risk without regular maintenance;
(d) The facility and
site have no adverse impact to air, groundwater or surface water; and
(e) The facility and
site not otherwise pose a risk to human health or the environment.
Source. #5172, eff 7-1-91; amd by #5297, eff
12-24-91; ss by #6535, INTERIM, eff 7-1-97, EXPIRES: 10-29-97; ss by #6619-B,
eff 10-29-97; (See Revision Note at chapter heading for Env-Sw 800); ss by
#8459, eff 10-28-05 (formerly Env-Wm 2507.04); ss by #10597, eff 7-1-14
Env-Sw 807.05 Post-Closure
Inspections, Monitoring, Maintenance and Reporting Requirements.
(a) The post-closure
period of a landfill shall be the period of time required to demonstrate the
facility has achieved the performance standards specified in Env-Sw 807.04.
(b) During the
post-closure period, the permittee shall have specific obligations to regularly
inspect, monitor and maintain the facility in conformance with the solid waste
rules based on the provisions of a post-closure inspection, monitoring and
maintenance plan approved by the department in the permit pursuant to (e)
below.
(c) Subject to (d) below, for the purposes of
determining financial assurance requirements, the post-closure period for
landfills shall be 30 years from the date the complete capping system is
installed or
the date of the last most recent estimate obtained by the permittee as required
by Env-Sw 1405.02, whichever is later.
(d) The post-closure period shall be subject to
periodic adjustment by implementing the permit modification procedures in
Env-Sw 306 and Env-Sw 315 as follows:
(1) In the event that post-closure monitoring
data or other available information provides an indication that the required
performance standards are unlikely to be achieved during the approved
post-closure monitoring period:
a. The
permittee shall identify the cause in a report to the department; and
b.
Depending on the cause, the department shall adjust the post-closure
monitoring period or require the permittee to implement remedial closure or
post-closure work, pursuant to the permit modification procedures in Env-Sw
306; or
(2) In the event the permittee believes that
post-closure monitoring data and other available information provides
sufficient evidence that the required performance standards are achieved at the
facility, the permittee may submit an application for permit modification
pursuant to Env-Sw 315 to request an appropriate reduction in the post-closure
period for the facility.
(e) A detailed
post-closure inspection, monitoring and maintenance plan shall be developed and
implemented by the permittee to assure compliance with Env-Sw 807.03, Env-Sw
807.04, and this section. The plan shall
be a condition of the facility’s permit when approved by the department.
(f) All facility systems shall be thoroughly inspected on a
schedule that is initially the same as required of operating facilities in
Env-Sw 806.08.
(g) The permittee may request a decrease in the frequency
of inspections based on a favorable comparison of the performance expectations
and actual performance but in no case shall inspections occur less than semi-annually.
(h) Copies of the
inspection reports shall be filed in accordance with Env-Sw 303 within 30 days
of completing the inspection.
(i) Pursuant to
Env-Sw 1105.14, the permittee shall file an annual report with the department
including an assessment of whether facility is achieving the performance
requirements in Env-Sw 807.04.
(j) The permittee
shall notify the department in accordance with Env-Sw 1105.07 when facility
damage, malfunction or sub-standard performance occurs at the facility.
(k) Following
completion of the capping system construction, the permittee shall file record
drawings for the closed facility in accordance with Env-Sw 1104.07.
(l) The permittee
shall attach notification to the property deed that a landfill exists on the
property and cause the notification to be recorded at the registry of deeds in
the county where the property is located.
(m) Proof of
notification filing pursuant to (l) above shall be provided to the department
by the permittee with the submission of record drawings pursuant to (k) above.
(n) Notification
pursuant to (l) shall include the following information:
(1) A statement that a landfill exists on this
property;
(2) Identification of the registry of deeds, book
and page numbers where title to the property is recorded;
(3) Identification of
the property tax map and lot numbers as identified by the political subdivision
in which the facility is located;
(4) U.S. Geological Survey (USGS) coordinates for
the landfill site;
(5) Description of the facility, including size,
type of wastes received, type of liner if any and type of cap;
(6) Description of closure implemented and
identification of the permit issued by the department under which closure
occurred, including a statement that the permit might contain certain legal
obligations regarding the site;
(7) A statement that post-closure use of the
property shall not disturb the integrity of the final cover, liners, or any other
components of the containment systems or the function of the monitoring systems
unless approved by the department;
(8) A statement that any future change in use
shall be subject to review and approval by the department pursuant to (o)
below; and
(9) A statement that access shall be assured to
department inspection personnel and the permittee for monitoring and
maintenance purposes.
(o) The permittee
shall obtain department approval, via the permit modification procedures in
Env-Sw 315, for any post-closure activity at the site not specifically approved
by the facility’s permit.
(p) The permittee shall implement such repairs or remedial
activities as necessary to assure compliance with the performance standards set
forth in Env-Sw 807.04.
Source. #5172, eff 7-1-91; amd by #5297, eff
12-24-91; ss by #6535, INTERIM, eff 7-1-97, EXPIRES: 10-29-97; ss by #6619-B,
eff 10-29-97; (See Revision Note at chapter heading for Env-Sw 800); ss by
#8459, eff 10-28-05 (formerly Env-Wm 2507.05); ss by #10597, eff 7-1-14
PART
Env-Sw 808 LANDFILL RECLAMATION
Env-Sw 808.01 Applicability. The rules in this part shall apply to
facilities where landfill reclamation activities occur.
Source. #5172, eff 7-1-91; amd by #5297, eff
12-24-91; ss by #6535, INTERIM, eff 7-1-97, EXPIRES: 10-29-97; ss by #6619-B,
eff 10-29-97; (See Revision Note at chapter heading for Env-Sw 800); ss by
#8459, eff 10-28-05 (formerly Env-Wm 2508.01); ss by #10597, eff 7-1-14
Env-Sw 808.02 Approval
Required.
(a) Landfill
reclamation activities shall proceed only in accordance with approval granted
in the form of a permit or permit modification.
(b) The information
required by this part shall be submitted with the permit application or
application for permit modification.
Source. #5172, eff 7-1-91; amd by #5297, eff
12-24-91; ss by #6535, INTERIM, eff 7-1-97, EXPIRES: 10-29-97; ss by #6619-B,
eff 10-29-97; (See Revision Note at chapter heading for Env-Sw 800); ss by
#8459, eff 10-28-05 (formerly Env-Wm 2508.02); ss by #10597, eff 7-1-14
Env-Sw 808.03 Feasibility
Study.
(a) The permittee
shall conduct a feasibility study prior to any reclamation activities.
(b) Prior to
conducting the feasibility study, a scope-of-work for the study shall be
submitted to the department as an application for type I-B permit modification
pursuant to Env-Sw 315, including:
(1) Provisions for a review of existing
background data to include:
a. Site
inspections and personnel interviews;
b.
Operating history and waste receipt records; and
c.
Analytical data, engineering records and department records;
(2) A site plan showing the location of all
proposed work areas;
(3) The proposed number and location of all
borings, trenches and test pits;
(4) A description of all excavation and materials
handling operations;
(5) A description of all material quantification
methods, laboratory analyses and test burns which will be used to characterize
and estimate the quantities of recyclables, soils, combustibles and other
components;
(6) A description of project management
responsibilities with a proposed work schedule;
(7) A contingency plan as described in Env-Sw
808.05;
(8) If the facility is closed, a plan for the
repair of any damage done to the capping system; and
(9) If the facility is lined, a plan for the
protection of all existing landfill components including liners, leachate
collection piping, gas recovery systems, storm water systems and other
components as applicable.
(c) The feasibility
study field investigation shall not be conducted unless approved by the
department as a modification of the permit.
(d) Upon completion
of the feasibility study field investigation, the permittee shall submit a
report to the department which compiles and interprets the collected data,
including the following:
(1) The results of all sampling and analysis performed
on excavated materials;
(2) The thickness of solid waste fill including
the logs of all test pits and test borings;
(3) Information to characterize the composition
and relative quantities of excavated materials, including recyclables, combustibles,
soils and other components;
(4) An evaluation of the suitability of the
excavated materials for reuse or recycling, the need for further processing and
the expected final disposition;
(5) An assessment of potential landfill
reclamation costs and potential landfill closure costs;
(6) An assessment of the impacts associated with
landfill reclamation; and
(7) A determination if landfill reclamation is
feasible at the facility.
Source. #5172, eff 7-1-91; amd by #5297, eff
12-24-91; ss by #6535, INTERIM, eff 7-1-97, EXPIRES: 10-29-97; ss by #6619-B,
eff 10-29-97; (See Revision Note at chapter heading for Env-Sw 800); ss by
#8459, eff 10-28-05 (formerly Env-Wm 2508.03); ss by #10597, eff 7-1-14
Env-Sw 808.04 Landfill
Reclamation Work Plan.
(a) If landfill
reclamation is determined to be feasible in accordance with Env-Sw 808.02, and
landfill reclamation is to be undertaken, the permittee shall submit a landfill
reclamation work plan to the department.
(b) The landfill
reclamation work plan shall include the following:
(1) A detailed plan for the management and
control of odors, which specifically addresses measures to avoid the dispersion
of offensive odors in residential areas and includes provisions for work
stoppage in the event planned odor control measures fail;
(2) A map showing the location of all inhabited
dwellings within 2,000 feet of the reclamation area and the direction of prevailing
winds;
(3) A site plan which details the proposed
reclamation area and delineates in plan and cross-sectional view the depth of
excavation, proximity to the liner and leachate collection system, if any,
other landfill structures and components, and the direction the landfill
reclamation will progress;
(4) A description of the excavation and sorting
procedures for all removed materials;
(5) A contingency plan in accordance with Env-Sw
808.05;
(6) A description of all procedures, including
quality assurance and quality control provisions, for processing, testing,
storage, removal, transfer, use and disposal of excavated waste;
(7) A storm water management and leachate
management plan; and
(8) The procedure for site clean-up and grading
after the reclamation with detailed drawings depicting original and final
grades.
Source. #5172, eff 7-1-91; ss by #6619-B, eff
10-29-97; (See Revision Note at chapter heading for Env-Sw 800); ss by #8459,
eff 10-28-05 (formerly Env-Wm 2508.04); ss by #10597, eff 7-1-14
Env-Sw 808.05 Contingency
Plan.
(a) A contingency
plan shall be submitted as part of any landfill reclamation work plan and
feasibility study.
(b) The contingency plan
shall include the following:
(1) A description of actions to be taken with
respect to personnel safety, on-site personnel injury, fires, explosions,
landfill gases, dust, odor, noise, vectors and excavation and release of
hazardous substances or toxic materials;
(2) Hazard evaluation and protection from
potential hazards, including engineering controls, personal protection
equipment and air monitoring techniques;
(3) Designation of exclusion, decontamination and
support zones, decontamination procedures, on-site communication procedures,
emergency procedures and access control; and
(4) Designation of a qualified, full-time site
health and safety coordinator.
Source. #6619-B, eff 10-29-97; (See Revision Note at
chapter heading for Env-Sw 800); ss by #8459, eff 10-28-05 (formerly Env-Wm
2508.05); ss by #10597, eff 7-1-14
PART
Env-Sw 809 RESERVED
PART
Env-Sw 810 PERMIT-EXEMPT LANDFILLS
Env-Sw 810.01 Purpose. The purpose of the rules in this part is to
identify landfills which are permit-exempt, pursuant to Env-Sw 302.03.
Source. #6619-B, eff 10-29-97; (See Revision Note at chapter
heading for Env-Sw 800); ss by #8459, eff 10-28-05 (formerly Env-Wm 2510.01);
ss by #10597, eff 7-1-14
Env-Sw 810.02 General
Exemption Provisions.
(a) The landfills described in this part shall be exempt
from obtaining a permit, subject to the requirements in Env-Sw 810.03.
(b) A permit
exemption shall not affect a person’s obligation to obtain all requisite
federal, state or local permits, licenses or approvals, or to comply with all
other applicable federal, state, district or local permits, ordinances, laws or
approvals or conditions pertaining to the permit-exempt activities.
Source. #6619-B, eff 10-29-97; (See Revision Note at
chapter heading for Env-Sw 800); ss by #8459, eff 10-28-05 (formerly Env-Wm
2510.02); ss by #10597, eff 7-1-14
Env-Sw 810.03 Exemption
Conditions. All permit-exempt landfills identified in this part shall
comply with the following requirements:
(a) A permit-exempt landfill shall not be located on
property that is subject to any ongoing enforcement action by the department,
unless approved by the department as part of the enforcement action;
(b) A permit-exempt
landfill shall not adversely affect the operation and closure of any existing
facility;
(c) The owner of the
property on which the facility is located shall be designated as the permittee
and subject to all obligations related thereto;
(d) At all times
during facility operations, the permittee shall maintain cover materials at the
facility site in a sufficient quantity as to comply with the applicable cover
requirements;
(e) During the
active life of the facility, the permittee shall control access to the facility
in a manner as to prevent unlawful dumping;
(f) The permittee shall
close the facility in conformance with Env-Sw 1006 as follows:
(1) No less than 2 feet of clean, compacted soil,
and more when specified by the rules in this part, shall be placed as final
cover over all landfilled waste;
(2) Final cover shall be properly graded, seeded
and mulched to produce and sustain vegetative growth, or otherwise stabilized
to prevent erosion;
(3) The permittee shall regularly inspect the
facility to assure that the cover materials maintain their integrity, that
voids and sink holes do not develop, and that the site is otherwise protective
of the environment, public health and safety; and
(4) The permittee shall implement repairs or take
other remedial action as necessary to achieve and maintain compliance
therewith;
(g) The facility
shall comply with all other requirements specified in Env-Sw 1000 and,
depending on the type of waste managed at the facility, Env-Sw 900; and
(h) All waste
managed at the facility shall be actively managed.
Source. #6619-B, eff 10-29-97; amd by #6894-B, eff
12-1-98; (See Revision Note at chapter heading for Env-Sw 800); ss by #8459,
eff 10-28-05 (formerly Env-Wm 2510.03); ss by #10597, eff 7-1-14
Env-Sw 810.04 On-site
Asphalt and Masonry Debris Landfills.
Asphalt and masonry debris buried at the waste generation site pursuant
to Env-Wm 2510.04 as effective on October 29, 1997 shall not be required to be
removed provided that:
(a) The facility
buried the following waste types only:
(1) Fully cured asphalt, concrete, brick, cement
or other inert masonry materials substantially free of protruding reinforcing
materials;
(2) Fully cured asphalt which is not ground or
pulverized; or
(3) A combination thereof;
(b) The buried waste
does not include any materials or substances that have the potential to leach
contaminants to groundwater or surface water or to emit pollutants to the air,
including lead paint, asbestos or chemicals;
(c) The waste was
buried in a manner as to preclude the development of sink holes and to
otherwise be protective of the environment, public health and safety; and
(d) The waste was
buried at least 75 feet from all water supply wells and surface waters and at
least 4 feet above the seasonal high water table and bedrock.
Source. #6619-B, eff 10-29-97; ss by #6894-B, eff
12-1-98; (See Revision Note at chapter heading for Env-Sw 800); ss by #8459,
eff 10-28-05 (formerly Env-Wm 2510.04); ss by #10597, eff 7-1-14
Env-Sw 810.05 Leachfield
Repair Residuals Landfills. Subject
to Env-Sw 810.03, no permit shall be required to bury waste soil and stone from
the repair or replacement of existing leaching fields regulated under Env-Wq 1000, provided
that:
(a) The burial
location shall be on the same property as the waste generation site;
(b) The buried waste
shall be placed at least 4 feet above the seasonal high water table and
bedrock; and
(c) The burial
location shall meet the minimum separation distances for leach bed trenches
required in Env-Wq 1008.
Source. #6619-B, eff 10-29-97; amd by #6894-B, eff
12-1-98; ss by #8459, eff 10-28-05 (formerly Env-Wm 2510.05); ss by #10597, eff
7-1-14
Env-Sw 810.06 Abandoned
Underground Structures. Subject to
Env-Sw 810.03, no permit shall be required to bury in place existing abandoned
underground structures, such as foundation walls, footings, pipes and culverts,
provided that:
(a) The abandoned
structure shall not include:
(1) Materials or substances that have the
potential to leach contaminants to groundwater or surface water or to emit
pollutants to the air;
(2) Treated wood;
(3) Insulation; or
(4) General construction and demolition debris;
(b) The abandoned
structure shall not be a structure which is required by other rules or
regulations to be removed;
(c) The structure
shall be buried in a manner as to preclude the development of sink holes and to
otherwise be protective of the environment, public health and safety; and
(d) The material
used to fill and cover the structure shall not be a waste.
Source. #6619-B, eff 10-29-97; (See Revision Note at
chapter heading for Env-Sw 800); ss by #8459, eff 10-28-05 (formerly Env-Wm
2510.06); ss by #10597, eff 7-1-14
Env-Sw 810.07 Incidental
Animal Burial. Subject to Env-Sw
810.03, no permit shall be required to bury a deceased animal, provided that:
(a) The person
controlling the land where the animal is buried shall agree to the location of
the grave site;
(b) The grave shall
be covered with a sufficient quantity and depth of soil as to avoid disturbance
of the burial site by other animals; and
(c) The grave site
shall not constitute a pet cemetery as otherwise regulated under the provisions
of Env-Sw 810.08.
Source. #6619-B, eff 10-29-97; (See Revision Note at
chapter heading for Env-Sw 800); ss by #8459, eff 10-28-05 (formerly Env-Wm
2510.07); ss by #10597, eff 7-1-14
Env-Sw 810.08 Pet
Cemeteries. Subject to Env-Sw
810.03, no permit shall be required to bury animal carcasses not regulated
under Env-Sw 904.01(e) and not exempt pursuant to Env-Sw 810.07, provided that:
(a) The location
shall be at least 100 feet from any property boundary or surface water, 200
feet from a private or community water supply, and 400 feet from a municipal water
supply;
(b) The buried material shall be placed at least 4 feet
above the seasonal high water table and bedrock;
(c) The carcasses
shall be covered with at least 3 feet of clean fill immediately following
placement in the ground; and
(d) Written notification shall be provided to the state
veterinarian in instances where 10 or more carcasses are buried.
Source. #6619-B, eff 10-29-97; (See Revision Note at chapter
heading for Env-Sw 800); ss by #8459, eff 10-28-05 (formerly Env-Wm 2510.08);
ss by #10597, eff 7-1-14
Env-Sw 810.09 Off-site
Stump Dumps. Subject to Env-Sw
810.03, no permit shall be required to bury stumps and tree parts thereof
received from off-site locations, provided that:
(a) The burial site
is:
(1) At least 75 feet from any water supply well;
(2) At least 25 feet from any property line; and
(3) At least 4 feet above the seasonal high
groundwater table;
(b) The stumps and
tree parts thereof are buried in a manner as to preclude the development of
sink holes and erosion of cover materials, and to otherwise be protective of
the environment, public health and safety; and
(c)
A notation is recorded in the chain of title for the property on which
the burial site is located, to include the following information:
(1) A statement that the property has been used
for the disposal of stumps and tree parts thereof;
(2) The date the disposal activity took place;
(3) The location of the burial area(s), with
sufficient specificity as to allow an independent third party to locate the
area(s); and
(4) The estimated quantity of waste disposed on
the property.
Source. #7225, eff 3-31-00; (See Revision Note at
chapter heading for Env-Sw 800); ss by #8459, eff 10-28-05 (formerly Env-Wm
2510.09); ss by #10597, eff 7-1-14
Appendix
Rule Sections |
State Statute(s) Implemented |
Federal Regulations Implemented |
Env-Sw 800 (see also
specific sections listed below) |
RSA 149-M:6, |
40 CFR 258 |
Env-Sw 806.05 |
RSA 149-M:6, |
40 CFR 258.4 |
Env-Sw 806.12 |
RSA 149-M:27,II, |
|