LEA Advisory No. 48—Attachment

Disposal Site Daily and Intermediate Cover Regulations

Title 27, Division 2, Subdivision 1, Chapter 3, Subchapter 4

Article 2. Daily and Intermediate Cover  

§20680. CIWMB Daily Cover.

(a) Except as provided in ¶(b) 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 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, and may extend for more than 24 hours if operations are continuous.

(b) The EA, with concurrence by 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 cover 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 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. 

Note: Authority cited: Section 40502, 43020, 43021, 43030 Public Resources Code. Reference: Sections 40508, 42245, 43020, 43021 and 43103. Public Resources Code; and Code of Federal Regulations Section 258.21(c). 

§20690. CIWMB Alternative Daily Cover. 

(a) General Requirements

(1) Alternative materials of alternative thickness for daily cover (other than at least six inches of earthen material) for municipal solid waste landfill units may be approved by the EA with concurrence by the CIWMB, 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. 

(2) Alternative daily cover alone, or in combination with compacted earthen material, shall be placed over the entire working face at the end of each operating day or at more frequent intervals to control vectors, fires, odors, blowing litter, and scavenging without presenting a threat to human health and the environment. For the purposes of this section, the operating day shall be defined as the hours of operation specified in the solid waste facility permit if operations are continuous. 

(3) Should the application of alternative daily cover become impracticable or contribute to conditions hazardous to public health and safety and the environment, the owner or operator shall terminate such use and revert to the use of compacted earthen cover material in accordance with §20680. For the purposes of this section, impracticable conditions are those which make placement of alternative daily cover difficult due to adverse climatic or other conditions such that the performance requirements of ¶(a)(2) cannot be met. 

(4) The owner or operator shall place compacted earthen material over the entire working face at the end of any operating day preceding a period of time greater than 24 hours when the facility is closed, unless procedures as required by the EA are in place to ensure that the requirements of ¶(a)(2) and (a)(3) are met. A stockpile of earthen cover material and required equipment shall be available to ensure a corrective response to violation of ¶(a)(2) and (a)(3). 

(5) The owner or operator shall maintain a record of waste derived alternative daily cover in accordance with Title 14, California Code of Regulations, §18800 et. seq., with the addition of type and quantity of each waste derived alternative daily cover material applied as cover. The records shall be available for inspection by authorized representatives of the EA, the local health agency, and the CIWMB during normal business hours and retained in the operating record near the site or in an alternative location approved by the EA. 

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

(7) Waste derived materials used as alternative daily cover shall be restricted to quantities no more than necessary to meet the performance requirements of ¶(a)(2), or as specified in subdivision (b) of this section. 

(8) Compost, co-compost, and chemically fixed sewage sludge, that meet the performance standards for cover material, shall be limited to up to 25 percent of landfill cover materials or landfill cover extenders as required under Public Resources Code (PRC) 42245. For the purposes of this section, "chemically fixed sewage sludge" means solid and semisolid residue generated during the treatment of domestic sewage. The 25 percent limit shall apply on a quarterly basis to the total daily and intermediate cover or cover extender use. For the purposes of this section, landfill cover extenders shall mean compost, co-compost, or chemically fixed sewage sludge blended or mixed with soil. 

(9) Storage and handling of waste derived materials at the landfill for use as alternative daily cover shall be conducted in a manner to protect public health and safety and the environment, and control vectors, fires, odors, and nuisances. 

(10) The EA shall apply this section to disposal facilities other than municipal solid waste landfill units as necessary to control 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. 

(b) Specific Requirements

Proposed uses of alternative daily cover materials not specified in ¶ (b)(1) through (10) shall be subject to site specific demonstration projects approved by the EA with concurrence by the CIWMB to establish suitability as daily cover. Site specific demonstration projects are not required for the following materials used as specified and in accordance with subdivision (a) of this section. 

(b)(1) Geosynthetic Fabric or Panel Products (Blankets)

(A) Geosynthetic blanket products shall be removed from the waste and the waste shall be covered with new waste or approved cover materials within 24 hours of product placement, unless the product is intended to be nonreusable, or has been approved by the EA for continuous use beyond 24 hours.

(b)(2) Foam Products

(A) Foam products shall not be applied when there is precipitation or when there is a local forecast of greater than 40% chance of precipitation within 8 hours of application time in the vicinity of the landfill.

(B) Foam products shall be covered with waste or other approved cover materials within 72 hours of application, unless a shorter time period is required by the EA to meet the requirements of ¶(a)(2) and (a)(3) of this section.

(b)(3) Processed Green Material

(A) Processed green material shall be green material as defined in Title 14, California Code of Regulations, §17852(u) with the exclusion of manure. Processed green material may include varying proportions of wood waste from urban and other sources and shall be ground, shredded, screened or otherwise processed in a manner to provide a compacted material free of open voids when applied to meet the performance requirements as alternative daily cover.

(B) Processed green material shall be restricted to a minimum compacted thickness of 6 inches and average compacted thickness of less than or equal to 12 inches.

(C) Processed green material placed as cover shall not be exposed for greater than 21 days. 

(b)(4) Sludge and Sludge-Derived Materials

(A) Public contact with sludge or sludge-derived materials, either alone or blended with soil, ash, processed green material, or stabilization agents such as lime, lime kiln dust, or cement kiln dust, shall be prohibited. This prohibition shall apply to staging, processing, tipping, and cover placement areas.

(B) Sludge or sludge-derived materials, either alone or blended with soil, processed green material, ash, or stabilization agents such as lime, lime kiln dust, or cement kiln dust, shall form a compacted material which can be placed without forming open voids or causing material to be tracked off the working face area. 

(b)(5) Ash and Cement Kiln Dust Materials

(A) Ash and Cement Kiln Dust, either alone or blended with earthen material or stabilization agents, shall form a compacted material which can be placed without forming open voids or causing material to be tracked off the working face area. For the purposes of this section ash means the nonhazardous residue from the combustion of material or the hazardous residue which may be managed as a nonhazardous waste in accordance with Title 22 California Code of Regulations sections 66260.200(f) or 66260.210.

(B) Ash and Cement Kiln Dust, either alone or blended with earthen material or stabilization agents shall be used as alternative daily cover in a manner to minimize the creation of dust.

(C) Ash and Cement Kiln Dust, either alone or blended with earthen material or stabilization agents, shall be restricted to a minimum compacted thickness of 6 inches and average compacted thickness of less than 18 inches.

(b)(6) Treated Auto Shredder Waste

(A) Auto shredder waste shall be treated pursuant Title 22, California Code of Regulations, section 66268.106(a)(1).

(B) Treated auto shredder waste used for alternative daily cover shall be restricted to a minimum compacted thickness of 6 inches and average compacted thickness of less than 24 inches.

(b)(7) Contaminated Sediment, Dredge Spoils, Foundry Sands, Energy Resource Exploration and Production Wastes

(A) Contaminated sediment, dewatered dredge spoils, foundry sands, or processed energy resource exploration and production wastes shall be restricted to a minimum compacted thickness of 6 inches and average compacted thickness of less than 18 inches. Such materials shall form a compacted material which can be placed without forming open voids or causing material to be tracked off the working face area.

(b)(8) Compost Materials

(A) Except as provided in ¶(b)(8)(B), of this section, compost shall meet the environmental health standards of Title 14, California Code of Regulations, Division 7, Chapter 3.1, Article 7.

(B) Public contact shall be precluded from cover staging, processing, tipping, and placement areas for compost which does not meet the environmental health standards of Title 14, California Code of Regulations, Division 7, Chapter 3.1, Article 7.

(b)(9) Construction and Demolition Wastes

(A) Construction and demolition wastes shall be restricted to crushed, ground, or screened materials alone or mixed with soil to provide a compacted material free of open voids.

(B) Construction and demolition wastes shall be restricted to a minimum compacted thickness of 6 inches and average compacted thickness of less than 18 inches.

(b)(10) Shredded Tires

(A) Shredded tires used as daily cover alone or mixed with soil shall be shredded such that 50% by volume is smaller than 6 inches in length and no individual pieces are greater than 12 inches in length.

(B) Shredded tires used as alternative daily cover without admixed soil shall not be applied when there is precipitation or when there is a local forecast of greater than 40% chance of precipitation within 8 hours of application time in the vicinity of the landfill.

Note: Authority cited: Section 40502, 41781.3, 43020, 43021, 43030 and 43103 Public Resources Code. Reference: Sections 40508, 42245, 43020 and 43021 Public Resources Code; and Code of Federal Regulations Section 258.21. 

§20695. CIWMB Cover Performance Standards.

The EA may require the following cover performance standards if necessary to control vectors, fires, odors, and blowing litter and to evaluate the suitability of alternative daily or intermediate cover: 

(a) Vectors

(1) Threshold Values-The following shall constitute threshold values for vector populations:

(A) Flies-A fly grill survey value of six (6) or more domestic flies, or observations of domestic flies in the "crawler" stage (newly emerged adults prior to wings becoming functional) at a density of three (3) or more per square yard of surface area at any location on the disposal area. Domestic flies are considered to be those species in the Families: Muscidae (including Anthomyiidae), Calliphoridae, Sarcophagidae, and Drosophilidae.

(B) Domestic Rats-The trapping of one or more domestic rats anywhere on the disposal site. Domestic rats are considered to be any species in the genus Rattus.

(C) Field Rodents-Observation of five (5) or more field rodents feeding on the active face of the disposal site. Field rodents are considered to be any species in the Family Sciuridae.

(D) Mosquitoes-The observation of any immature mosquito stages from water holding waste materials on the disposal site.

(E) Wasps, cockroaches, etc.-The observation of excessive populations utilizing accepted norms.

(2) Inspection Practices

(A) Schedule- Fly grill surveys shall be conducted on each disposal site a minimum of once per week. Sampling to determine the species composition of the fly population shall be conducted a minimum of once per month. Rat trapping surveys shall be conducted at least once each month. Observations for mosquitoes, wasps, cockroaches, "crawler" flies or other types of vectors shall be made during each inspection of the disposal site. The EA may approve alternative inspection schedules or cease inspections if previous inspections or other observations indicate no further threat to public health and safety.

(B) Procedure-Ten (10) fly grill counts shall be made over appropriate attractants on the active face of the disposal site during each inspection utilizing accepted practices to count and record the flies. The five (5) highest counts shall be averaged to obtain the value for that inspection. In sampling to provide qualitative data for the fly species composition on a disposal site, any of the following or other acceptable method for sampling adult flies shall be observed:

• bait traps, exposed for at least a continuous 24-hour period at separate locations, or
• sticky tapes, exposed for a continuous 24-hour period at separate locations, or
• utilization of a standard insect net on the active working face, or
• other approved method to provide a representative sample.

For uniformity of information, one of the approved methods shall be selected for use on a continuing basis at each disposal site.

A minimum of two (2) domestic rat trap lines each containing twenty (20) traps shall be operated for one night on each disposal site at the prescribed frequency. Traps appropriately baited, shall be set at 20-foot intervals in each trap line. One trap line shall be located on or as close to the active face as practical. The other trap line shall be located on the periphery of the site in suitable rodent habitat. On very large sites additional trap lines will be required to provide an adequate sample. Visual observations of field rodents or their signs shall be made and recorded during each inspection.

(C) Equipment- All fly surveys conducted on the active face of the disposal site shall be made with a Scudder fly grill. This device is a square grill consisting of 24 slats, each 3' * 3/4" * ¼" placed 3/4" apart on a Z-shaped framework. Species composition of fly populations at the site shall be made with the use of fly traps, sticky tapes, an insect net, or other approved method to provide a representative sample. Snap traps or live traps, or a combination thereof, of suitable size and design shall be used to capture mature domestic rats.

(D) Records- The following information shall be recorded at a minimum during each inspection: Name of site; location; date of inspection; name of person(s) making the inspection; the time the inspection began; the time the inspection ended; temperature; wind conditions; moisture conditions; sky conditions; shade; attractants, when applicable; results of the 10 Scudder grill counts; number and species of all flies captured; number of domestic rats trapped since the previous inspection; number of field rodents observed (or signs of their presence), and the presence of any mosquitoes, wasps, cockroaches, or other types of vectors. These records shall be kept up to date and shall be submitted to the EA upon request. 

(b) Fire

Burning material, or any solid waste at a temperature likely to cause fire, shall not be deposited in the fill. Said material shall initially be deposited in a separate location a sufficient distance from the fill area to prevent fires from spreading to the normal fill area. It shall then be spread in a single layer not exceeding one (1) foot in thickness and immediately covered with a sufficient amount of earth or sprayed with sufficient fire retardant to extinguish all combustion. Final disposition of the material shall not take place until the operator is certain that no further combustion will take place under any conditions.

Fires which originate within the fill shall be handled by removing all the burning material from the fill and extinguishing it as described above, or by in-situ practices approved by the EA, in consultation with the local fire authority. Excavation of burning materials shall be undertaken in a planned and controlled manner; with sufficient fire fighting equipment present to control any "flare-ups" which may occur as outside air reaches the burning materials. The EA shall be immediately notified of any fire.

(c) Litter

Accumulation or offsite migration of litter in quantities that create a nuisance, injury to the public and personnel, or cause other problems, shall be prevented. 

(d) Alternative Methods

Alternative cover performance standards in lieu of ¶(a) through (c) of this section may be applied by the EA with concurrence by the CIWMB.

NOTE: Authority Cited: Section 40502, 41781.3, Public Resources Code. Reference: Sections 40508, 43020, 43021 and 43103, Public Resources Code; and Code of Federal Regulations Section 258.21. 

§20700. CIWMB Intermediate Cover. 

(a) Compacted earthen material at least twelve (12) inches shall be placed on all surfaces of the fill where no additional solid waste will be deposited within 180 days to control vectors, fires, odors, blowing litter, and scavenging. 

(b) Alternative materials of alternative thickness (other than at least twelve inches of earthen material) for intermediate cover may be approved by the EA with concurrence by the CIWMB, 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. 

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

(d) Proposed use of alternative intermediate cover shall be subject to site specific demonstration to establish suitability as intermediate cover. Demonstration projects shall be approved by the EA with concurrence by the CIWMB. 

NOTE: Authority Cited: Section 40502, 41781.3, Public Resources Code. Reference: Sections 40508, 43020, 43021 and 43103, Public Resources Code; and Code of Federal Regulations Section 258.21. 

SWRCB Requirements for Daily and Intermediate Cover:

Title 27, Division 2, Subdivision 1, Chapter 3, Subchapter 4

Article 2. Daily and Intermediate Cover

§20705. SWRCB Standards for Daily and Intermediate (Interim) Cover.

(a) Daily & Intermediate- Interim cover at landfills is "daily cover" and "intermediate cover" as defined by the CIWMB (see §20160).

(b) Minimize Percolation- Interim cover over wastes discharged to a landfill shall be designed and constructed to minimize percolation of liquids through wastes.

(c) For Class II Waste Piles- Cover may be required by RWQCBs for Class II wastes piles

(d) [Reserved]

(e) Limitations On Cover Materials- Except for reusable covers that are never incorporated into the Unit, daily and intermediate cover shall only consist of materials:

(1) Match Unit Classification- which meet the classification criteria for wastes that can be discharged to that landfill. Therefore, a material that would be classified as a designated waste cannot be utilized for daily or intermediate cover at a Class III landfill unless that material is approved for discharge (as a waste) to that landfill pursuant to §20200(a)(1); and 

(2) Composition- whose constituents (other than water) and foreseeable breakdown byproducts, under the chemical (including biochemical) and temperature conditions which it is likely to encounter within the landfill, either: 

(A) for non-composite lined portions of the Unit, are mobilized only at concentrations which would not adversely affect beneficial uses of waters of the state, in the event of a release; or 

(B) for composite-lined portions of the Unit, are listed as COC’s in the Unit’s water quality protection standard (Water Standard), created pursuant to §20395. 

(f) Dust Control- The requirements of §21090(a)(5) regarding the discharge of leachate, gas condensate, and other liquids to final covered portions of the Unit also apply to the discharge of liquids to daily and intermediate cover, including discharges made for the purpose of dust control.

Excerpted Portion of Disposal Reporting Regulations for Landfills:

Title 14, Division 7, Chapter 9 

Article 9.2. Disposal Reporting System. 

§18810. Disposal Reporting Requirements for a Landfill. 

The following requirements shall apply to an operator of a permitted landfill: 

(a) An operator shall determine the total number of tons of solid waste disposed in each quarter. The tons disposed shall be the same number of tons reported to the Board of Equalization that are subject to the fee pursuant to Section 48000 of the Public Resources Code and Section 45151 of the Revenue and Taxation Code. 

(b) An operator shall determine the origin of solid waste during the origin survey weeks. An operator shall conduct origin surveys during the origin survey weeks set in Section 18805.

(1) If a facility accepts solid waste from only one jurisdiction, the operator shall assign all the waste to that jurisdiction.

(2) If an attendant is not present during regular hours of operation, and one cannot be present for the survey weeks set by the agency pursuant to Section 18805, and the operator does not receive origin information from the haulers delivering waste, then the operator shall assign the waste to the jurisdiction in which the facility is located.

(3) If a facility accepts solid waste from more than one jurisdiction, the operator shall do the following steps in order:

(A) Obtain information on the jurisdiction(s) of origin for each vehicle load, including self-hauled waste, delivered to the facility on the dates set by the agency pursuant to Section 18805. If solid waste is delivered to the facility and information on the jurisdiction of origin is not provided by the delivering hauler or operator as specified in this Article, then the operator shall assign the waste to the jurisdiction in which the facility is located by labeling it as "host assigned" waste.

Example: Four loads delivered during the survey week.

Load 1 = 5 tons from City A

Load 2 = 5 tons from City B

Load 3 = 10 tons from City C

Load 4 = 5 tons from City B

(B) Calculate the tons of solid waste assigned to each jurisdiction during the survey week. The operator shall either add up the amounts accepted from each jurisdiction, or the amounts of solid waste from each jurisdiction after adjusting for diversion activity at the landfill.

Example: City A = 5 tons (Load 1)

City B = 10 tons (Load 2 + Load 4)

City C = 10 tons (Load 3)

(C) Calculate the percentage of waste assigned to each jurisdiction during the survey week by dividing the tons determined in paragraph (B) by the total tons of waste for the survey period.

Example: 25 tons delivered during survey week.

City A = 5 tons/25 tons = 0.2 (20%)

City B = 10 tons/25 tons = 0.4 (40%)

City C = 10 tons/25 tons = 0.4 (40%)

(D) Calculate the number of tons disposed from each jurisdiction during the quarter by multiplying the percentage from paragraph (C) with the total number of tons of solid waste disposed in each quarter from subsection (a).

Example: 1000 tons disposed during quarter.

City A = 0.2 x 1000 tons = 200 tons

City B = 0.4 x 1000 tons = 400 tons

City C = 0.4 x 1000 tons = 400 tons 

(c) During the entire quarter, an operator shall record the jurisdiction of origin for all alternative daily cover material used. An operator shall also record the types and quantities of material being used as alternative daily or intermediate cover. 

(d) An operator shall provide the following information to the agency in which the facility is located:

(1) facility name and Solid Waste Information System (SWIS) number,

(2) the reporting quarter and year,

(3) the total tons disposed at the facility,

(4) the total tons from each jurisdiction disposed,

(5) the total tons of each type of alternative daily or intermediate cover from each jurisdiction used at the landfill, and

(6) a brief summary of the methods used to determine the jurisdictions of origin. 

(e) The operator shall provide this information to the agency by the due dates in Section 18807. 

Note: Authority cited: Section 40502, 41781.3, 41821.5, 43020, 43021, 43030 Public Resources Code. Reference: Sections 40508, 41821.5, 42245, 43020 and 43021 Public Resources Code.

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