LEA Advisory #48—Revised March 27, 1998

Disposal Site Daily and Intermediate Cover Regulations

To All Local Enforcement Agencies:

The purpose of this advisory is to provide guidance and information to Enforcement Agencies (EA) on revised California Integrated Waste Management Board (CIWMB) disposal site daily and intermediate cover regulations, effective November 5, 1997.

These regulations are contained in Title 27, California Code of Regulations (27 CCR), Division 2, Subdivision 1, Chapter 3, Subchapter 4, Article 2. A copy of the regulations is attached. They were adopted primarily to satisfy Public Resources Code (PRC) Section 41781.3 which establishes that alternative daily cover (ADC) and other waste materials beneficially used at landfills constitutes diversion through recycling, and requires the CIWMB to adopt regulations governing ADC. Although primarily addressing ADC, these regulations also include changes to the preexisting standards for daily and intermediate cover other than ADC.

This advisory supersedes LEA Advisories No. 5 (Contaminated Soils as Cover), No. 10 (ADC-Geosynthetic Blankets), and No. 19 (ADC-Green Material and Other Waste-Derived Materials).

CIWMB Alternative Daily Cover (27 CCR 20690)

General standards for all ADC use are specified in subsection 20690(a). Use of specified ADC materials is further addressed by subsections 20690(b)(1-10). Site-specific demonstration projects have shown that these ADC materials can be used as suitable daily cover if used in accordance with the standards established. Site-specific demonstration projects are no longer required for these ADC materials if used as specified. These materials include:

• Geosynthetic Blanket and Panel Products (Geosynthetic Blankets)
• Processed Green Material
• Sludge and Sludge-Derived Materials
• Compost Materials

The following categories of ADC materials have been addressed in the further development of these regulations (see the amended Section 20690 with additional ADC materials below addressed). These amended and Office of Administrative Law (OAL) approved, Disposal Site Daily and Intermediate Cover Regulations are effective as of February 3, 1998. These regulations as found in Section 20690 now include the following materials as of February 3, 1998:

• Foam Products
• Ash and Cement Kiln Dust Materials
• Treated Auto Shredder Residue
• Contaminated Sediment, Dredge Spoils, Foundry Sands
• Processed Exploration & Production Wastes
• Construction and Demolition Wastes
• Shredded Tires

If a landfill operator proposes to use an ADC material not within one of listed categories, or an ADC material from one of the above categories, but used differently than specified in subsection 20690(b)(1-10), a site-specific demonstration project is required. The new approval process for ADC demonstration projects is discussed in a separate section later in this advisory.

Examples of ADC materials not within one of the approved categories include commercial slurry/emulsion-based spray-on products and noncomposted residuals from transfer/processing operations and facilities. Several of the commercial spray-on products are being used successfully in other states but have not yet been used in California (e.g. Posi-Shell^TM, Topcoat^TM, Land Cover Formula 480^TM, and Concover^TM). These regulations may be revised in the future to incorporate any new ADC categories that are successfully tested in California.

Examples of potential ADC materials within an approved category, but used differently than specified, include sludge products not subject to the public contact prohibition and processed green material exposed as cover for longer than 21 days. The specific standards of subsection 20690(b) would not apply to these ADC uses if authorized from an approved demonstration project. For example, Lompoc Landfill, Facility No. 42-AA-0017, uses water treatment sludge for ADC and alternative intermediate cover (AIC) in a unique way as authorized in the Solid Waste Facilities Permit (SWFP), and successfully tested during a previous demonstration project. This site-specific use of water treatment sludge was successfully tested without the public contact prohibition and material control conditions of 20690(b)(4). Therefore, the site-specific conditions of the SWFP govern this specific operation and 20690(b)(4) does not apply.

Subsection 20690(a)(6) refers to State Water Resources Control Board (SWRCB) requirements for waste classification, composition, and liquid percolation (moisture infiltration) aspects of ADC. These aspects of ADC and AIC are implemented by the Regional Water Quality Control Board (RWQCB) as specified in 27 CCR 20705.

Subsection 20690(a)(10) provides the EAs with flexibility in application of ADC standards to disposal facilities other than Municipal Solid Waste Landfills (MSWLF), and MSWLF facilities that qualify for cover material flexibility as specified in Subtitle D. US EPA adopted revised Subtitle D flexibility rules in October 1997 and CIWMB staff will be developing further guidance and policy on implementing these rules. ADC standards would be applied to these  facilities as necessary to control vectors, fires, odors, blowing litter, and scavenging without presenting a threat to human health and the environment.

CIWMB Cover Performance Standards (27 CCR 20695) 

Section 20695 provides objective standards to control vectors, fires, and litter, and to evaluate the suitability of alternative cover. This section includes significant changes from the preexisting cover performance standards. First, the EA now has the flexibility to apply these

standards only if necessary as determined by the EA. Second, the prescriptive performance standards for odors and moisture infiltration have been deleted because they have not been necessary to ensure compliance with the performance requirements of daily cover, and they are primarily the jurisdiction of other agencies. EAs should refer to LEA Advisory No. 32 concerning coordination with local air districts on odor issues. The RWQCB implements moisture infiltration aspects of daily cover as specified in 27 CCR 20705.

CIWMB Daily Cover (27 CCR 20680) 

Subsection 20680(a) is the basic daily earthen cover standard for MSWLF units to control vectors, fires, odors, litter, and scavenging. This subsection has been revised significantly in several areas from the preexisting standard. 

Subsection 20680(a) provides an additional exception beyond the temporary waiver of 20680(b) and ADC option of section 20690. This additional exception reflects MSWLF facilities that qualify for cover material flexibility as specified in Subtitle D. US EPA adopted revised Subtitle D flexibility rules in October 1997 and CIWMB staff will be developing further guidance and policy on implementing these rules. Subsection 20680(a) also specifies that for the purposes of the section, the operating day is defined as the hours of operation specified in the SWFP if operations (spreading, compaction, and cover) are continuous. The revised standard reflects this unique type of operation, authorized only through the SWFP. 

Temporary waiver of daily cover can be approved by the EA with concurrence by the CIWMB under subsection 20680(b). EAs should refer to LEA Advisory No. 40 for guidance on implementing this waiver. 

Subsection 20680(c) provides the LEAs with flexibility in application of earthen daily cover requirements to disposal facilities other than MSWLFs (e.g. inert construction and demolition debris landfills). EAs now have the authority to apply frequencies and thicknesses of earthen daily cover to these types of facilities as necessary to control vectors, fires, odors, blowing litter, and scavenging without presenting a threat to human health and the environment. 

Subsection 20680(d) reflects LEA Advisory No. 5 which established policy that contaminated soils are not considered ADC, but are considered earthen material for the purposes of daily cover if approved for use by the RWQCB and other agencies from which approval is required. 

These other agencies may include the air pollution control district or air quality management district (local air districts) and Department of Toxic Substances Control. 

Subsection 20680(e) refers to SWRCB requirements for waste classification, composition, and liquid percolation (moisture infiltration) aspects of daily cover implemented by the RWQCB as specified in 27 CCR 20705.

CIWMB Intermediate Cover (27 CCR 20680) 

Intermediate cover is cover material where no additional solid waste will be deposited within 180 days. Requirements for intermediate cover have changed in two areas from the preexisting standard. Subsection 20700(b) allows for alternative materials of alternative thickness to be used as AIC if demonstrated to control vectors, odors, blowing litter, and scavenging without presenting a threat to human health and the environment. Site-specific demonstration projects are required for use of AIC as specified in subsection 20700(d). Subsection 20700(c) refers to SWRCB requirements for waste classification, composition, and liquid percolation (moisture infiltration) aspects of intermediate cover and AIC. These aspects of intermediate cover and AIC are implemented by the RWQCB as specified in 27 CCR 20705.

Demonstration Projects for New Alternative Covers 

It is anticipated that the vast majority of new ADC use will not require site-specific demonstration projects. However, if site-specific demonstration projects are required for ADC or AIC pursuant to 20690(b) or 20700(d), approval by the EA is required with concurrence by the CIWMB. Concurrence of ADC or AIC demonstration projects by CIWMB is delegated to the Deputy Director of the Permitting and Enforcement Division. Therefore, upon approval by EAs, proposed demonstration projects should be forwarded to the Deputy Director for a letter of concurrence. EAs are encouraged to contact CIWMB staff for consultation during the development of demonstration project proposals, should they be required. The following are suggested guidelines for ADC and AIC site-specific demonstration projects.

1. A site-specific written proposal should be submitted describing, at a minimum:

• Responsible parties for the project and chain-of-command.
• Time frame of project.
• Material specifications, stockpiling, processing, placement procedures.
• Maximum time period of exposure as ADC or AIC and projected quantity of materials to be tested;
• Expected ability of the material in meeting the performance requirements of 27 CCR 20690(a) (ADC and AIC) and 20700(b) (AIC);
• Specific environmental monitoring and control measures for the project (e.g. vector monitoring, material testing & quality control, and material quantities).

2. ADC or AIC material references should be included, if available (i.e. operator and regulator contacts from other states where the materials have been used).  

3. EAs should determine if the cover performance standards of 27 CCR 20695 are to be applied. If they are applied, the entities performing the monitoring should be noted (e.g. EA or contractor). The EA should apply these standards if there are specific concerns about the materials being tested and additional authority is deemed necessary to control potential performance problems.  

4. Compliance with the California Environmental Quality Act (CEQA) shall be established prior to commencement of the demonstration. Under the CEQA Guidelines, 14 CCR, Section 15306, demonstration projects may be categorically exempt. In those cases, a copy of the Notice of Exemption, if filed, should be submitted. If the project is not exempt the environmental document should be submitted along with a Notice of Determination, if filed.  

5. The operator should notify the RWQCB, Local Air Districts, and other agencies with approval authority of the proposed demonstration project.

6. The operator should revert to the use of compacted earthen material, approved ADC, or approved AIC if the application of ADC or AIC materials during the demonstration project is impracticable or does not control vectors, fires, odors, and blowing litter without presenting a threat to human health and the environment. The operator should cease using such materials within a time frame required by the EA.

7. At the conclusion of the demonstration project, the operator should prepare a final report providing a summary of the demonstration project and conclusions as to the suitability of the ADC or AIC materials. The final report should be submitted to the EA and CIWMB for approval and concurrence. The operator should amend the Report of Facility Information (RFI) for processing by the EA pursuant to 27 CCR 21665, if the final report is fully approved and ADC or AIC is to be used on an ongoing basis. The operator may be required by the EA to submit an application package for revision of the SWFP pursuant to 27 CCR 21665(f). The EA should work with the operator as early as possible to determine whether or not a revised SWFP will be required for ongoing use after completion of a successful demonstration project. This will allow the operator and material supplier to efficiently plan for future ongoing ADC or AIC use. 

Prior to proposing a full-scale demonstration project for new ADC materials compatible with the normal waste stream, it is recommended that preliminary pilot projects be conducted to give the operator and product supplier an opportunity to evaluate a new ADC material without being subject to a formal regulatory approval process. An area of the working face would be covered with the new ADC material during the operating day. Approved cover would be used to cover the entire working face and new ADC material at the end of the operating day. Placement on areas of earthen daily or intermediate cover, or where no solid waste is disposed, would not require additional cover and could be observed over multiple days. 

EAs should also note activities that may involve daily and intermediate cover, but are not considered alternative covers subject to site-specific demonstration projects. Examples include the beneficial addition of waste materials such as sewage sludge, compost, and mulch for erosion control to enhance the performance of earthen daily or intermediate cover placed at the standard 6-inch or 1-foot minimum thickness. In addition, temporary plastic sheeting may be used over standard earthen cover to enhance leachate control. This type of use is not considered alternative daily or intermediate cover.

Permitting Process for Daily Cover 

Permitting processes and procedures for solid waste facilities are changing as a result of the recent adoption of 27 CCR (AB 1220) regulations. Development of new processes and procedures is dynamic and will likely affect all landfill activities, including daily and intermediate cover. Until such time that further guidance is established, the following recommendations are provided concerning permitting aspects of ADC. 

To reflect ongoing nonexperimental use of ADC in the SWFP, the operator should amend the RFI, if necessary, for processing by the EA pursuant to 27 CCR 21665. An application package for RFI amendment should be submitted to the EA per 27 CCR 21600, including only those items listed in 27 CCR 21570(f) that have changed. For ADC this would normally include a revised description of cover operations in the Report of Disposal Site Information (RDSI) or Joint Technical Document (JTD) per 27 CCR 21600(b)(6). If the RDSI or JTD already describes the use of ADC, an application and amended RFI are not necessary. 

Scenarios where the RFI amendment could be approved and filed alone to reflect ADC use (subject to the conditions of 27 CCR 21665) include, but are not limited to:

1. A successful demonstration project was completed and the final report fully approved. The existing SWFP and CEQA documents for the facility do not specifically exclude use of any landfill cover materials other than earthen material; 

2. The existing SWFP and CEQA documents refer generally to State Minimum Standards for landfill cover and are not specific to the use of earthen material alone for landfill cover; or

3. A preliminary review of the possible environmental impacts as per CEQA guidelines indicates that they will be less than significant. 

The operator may be required by the EA to submit an application package for revision of the SWFP for ongoing use of ADC pursuant to 27 CCR 21665(f). Scenarios where revision would likely be required include, but are not limited to:

1. New ADC use that requires significant expansion of existing storage and handling facilities (e.g. sludge processing); 

2. Waste-derived ADC materials not reflected in the normal permitted disposal waste stream; 

3. The existing SWFP or CEQA documents specifically excludes use of any landfill cover materials other than earthen material; or

4. A preliminary review of the possible environmental impacts as per CEQA Guidelines indicates a need for mitigation.

Demonstration Projects in Progress 

Demonstration projects are in progress for a number of landfills using one or more of the ADC materials no longer subject to demonstration projects. For these facilities the existing demonstration project should cease upon mutual agreement of the EA and operator. If continuing the demonstration project would help ensure compliance with the new ADC standards then the demonstration project should continue until the scheduled completion. The new ADC standards would apply to the period of continued demonstration.

Additional Information 

Revisions have also been made to the CIWMB disposal reporting requirements of 14 CCR, Division 7, Chapter 9, Article 9.2. Reporting the specific amounts and types of ADC and AIC used is now required. The disposal reporting is submitted to CIWMB to determine compliance with the waste diversion mandates of AB 939. The portion of these regulations that applies specifically to landfill operators is attached. 

Technical assistance is available from CIWMB staff on all aspects of disposal site cover, if requested. Information on ADC and AIC use, including products and materials used and available, will continue to be compiled for EAs, operators, and other interested parties. Training on daily cover and ADC was included with State Minimum Standards training conducted May-June 1997 and is anticipated to be expanded on in the future. 

Further questions concerning this LEA Advisory may be directed to Scott Walker. 

Sincerely, 

Original signed by:

Dorothy Rice, Deputy Director
Permitting and Enforcement Division

Attachment 
       Disposal Site Daily and Intermediate Cover Regulations

The intent of the advisories is to provide guidance to Local Enforcement Agencies (LEA) in performing their duties. Guidance, for this purpose, is defined as providing explanation of the Board’s regulations and statutes.

Unless included by reference in the LEA's Enforcement Program Plan (EPP), advisories are not enforceable in the same manner as regulations because they have not been adopted through the formal rulemaking process (see Government Code sections 11340.5 and 11342.6). Advisories do not take precedence over statute or regulation.