LEA Advisory #40—June 30, 1997

Attachment A—Existing Regulation

Section 17258.21. Cover Material Requirements. [Title 14, Division 7, Chapter 3, Article 4.5]

(a) Except as provided in paragraph (b) of this section, the owners or operators of all MSWLF units must cover disposed solid waste with six inches of earthen material at the end of each operating day, or at more frequent intervals if necessary, to control disease vectors, fires, odors, blowing litter, and scavenging.

(b) Alternative materials of an alternative thickness (other than at least six inches of earthen material) may be approved by the board if the owner or operator demonstrates that the alternative material and thickness control disease vectors, fires, odors, blowing litter, and scavenging without presenting a threat to human health and the environment.

(c) The board may grant a temporary waiver from the requirements of paragraphs (a) and (b) of this section if the owner or operator demonstrates that there are extreme seasonal climatic conditions that make meeting such requirements impractical.

Authority:  Sections 40502, 43020, 43021. 43030, Public Resources Code. Reference:  Sections 40508, 43020. Public Resources Code; Title 40, Code of Federal Regulations, Section 258.21

Recodified Regulation

§20680. CIWMB - Daily Cover [Title 27, Division 2, Subdivision 1, Chapter 3, Subchapter 4, Article 2]

(a) Except as provided in ¶(b) and ¶(c), the owners or operators of all MSWLF units shall cover disposed solid waste with six inches of compacted earthen material at the end of each operating day, or at more frequent intervals if necessary, to control vectors, fires, odors, blowing litter, and scavenging.

(b) The EA jointly with the CIWMB may grant a temporary waiver from the requirements of ¶(a) if the owner or operator demonstrates that there are extreme seasonal climatic conditions that make meeting such requirements impractical.

(c) Demonstration of alternative materials of alternative thickness (other than at least six inches of earthen material) for MSWLF units may be approved by the EA. If the owner or operator demonstrates that the alternative material and thickness control vectors, fires, odors, blowing litter, and scavenging without presenting a threat to human health and the environment, the EA jointly with the CIWMB may grant final approvals of the usage of alternative materials.

(d) Earthen or alternative cover materials shall be placed over all surfaces of disposed solid waste for other than MSWLF units as required by the EA to control vectors, fires, odors, blowing litter, and scavenging.

Authority cited: Section 40502, 42245, 43020, 43021, 43030 Public Resources Code.
Reference: Sections 40508, 43020 and 43021 Public Resources Code; and Code of Federal Regulations Section 258.21(c).

Proposed Regulation

§20680. CIWMB Daily Cover. [Title 27, Division 2, Subdivision 1, Chapter 3, Subchapter 4, Article 2]

(a) Except as provided in ¶(b) and (c) of this section and §20690, or otherwise specified in 40 CFR Part 258, the owners or operators of all municipal solid waste landfill units shall cover disposed solid waste with a minimum of six inches of compacted earthen material at the end of each operating day, or at more frequent intervals if necessary, to control disease vectors, fires, odors, blowing litter, and scavenging. For the purposes of this section, the operating day shall be defined as the hours of operation specified in the solid waste facility permit.

(b) The EA, with concurrence by the CIWMB, Board EA jointly with the CIWMB may grant a temporary waiver from the requirements of ¶(a) if the owner or operator demonstrates that there are extreme seasonal climatic conditions that make meeting such requirements impractical.

(c) Earthen material or alternative materials of alternative thickness shall be placed over all surfaces of disposed solid waste for other than municipal solid waste landfill units, as required by the EA to control disease vectors, fires, odors, blowing litter, and scavenging without presenting a threat to human health and the environment. This requirement shall also apply to municipal solid waste landfills which qualify for a delay in the general compliance date or additional flexibility as specified in 40 CFR Part 258.

(d) For the purposes of this section, earthen material shall include contaminated soil as defined in Title 14, California Code of Regulations, §17361(b), and soil with contaminants other than petroleum hydrocarbons which has been approved for use as landfill daily cover by the RWQCB, and any other governmental agencies from which approval is required, such as the Department of Toxic Substances Control and Air Pollution Control District or Air Quality Management District.

(e) For waste classification, composition, and liquid percolation requirements of daily cover, refer to the SWRCB requirements set forth in §20705 of this article.

Authority cited: Section 40502, 42245, 43020, 43021, 43030 Public Resources Code.
Reference: Sections 40508, 43020 and 43021 Public Resources Code; and Code of Federal Regulations Section 258.21.

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