LEA Advisory #54—October 26, 1998

1998 Inspection Guide for Solid Waste Landfills—Part 2

Introduction

The purpose of this document is to provide guidance to Local Enforcement Agencies (LEA) and California Integrated Waste Management Board (CIWMB) staff regarding procedures for conducting inspections of solid waste landfills, including interpretation and application of statutes and regulations governing these types of facilities. LEA inspections are the cornerstones of a comprehensive enforcement program designed to protect public health and safety and the environment by ensuring compliance at solid waste facilities with applicable statutes and regulations. They provide information to the operator regarding violations of applicable requirements and also serve as notice to take actions to correct those violations. In addition, field inspections provide the information needed to initiate most of the LEA’s enforcement actions.

CIWMB inspections of a solid waste facility (SWF) serve several purposes. They establish a compliance status that is useful in evaluating the effectiveness of LEA enforcement programs. They support LEAs by jointly evaluating facilities that have particularly complex or long-standing compliance or permit related problems or issues. They also help train LEAs on the inspection guidance in this advisory and provide technical assistance on other aspects of landfill inspections such as explosive gas monitoring procedures. The CIWMB can, and does, act as the Enforcement Agency (EA) in several jurisdictions in the state and, acting in that capacity, the CIWMB plays a role identical to that of an LEA.*

Title 27, California Code of Regulations (27 CCR) incorporates into one title the applicable regulations regarding the disposition of solid waste at solid waste disposal facilities that are under the regulatory jurisdiction of the State Water Resources Control Board (SWRCB), Regional Water Quality Control Boards (RWQCB), LEAs, and the CIWMB. The applicable statutes and regulations of Division 30 of the Public Resources Code (PRC) and 27 CCR regarding solid waste disposal sites are listed on the Solid Waste Information System (SWIS) inspection report form for Disposal Sites, and are bolded, italicized, and generally included in their entirety. In addition, some regulations that pertain to the evaluation of solid waste disposal sites and are still found in Title 14, California Code of Regulations (14 CCR) have also been included in this document.

In this document, guidelines regarding each applicable statute in the PRC and regulation in 27 CCR, that is under the jurisdiction of the CIWMB and the LEA follows immediately below each statute and regulation. Requirements of other agencies that are referenced either in the CIWMB standards below (State Minimum Standards) or in the guidelines are included as appendices. For ease in completion of the SWIS inspection report form for Disposal Sites the applicable statutes and regulations are listed in the order in which they are found on the current SWIS inspection report form (Revised July 1997).

*All references in this document to the term 'EA' apply to both LEAs and the CIWMB acting as EA. All references to the term 'LEA' are intended as guidance that should apply to LEAs only.

Regulations and guidance regarding the storage and disposal of tires at landfills are also included here (14 CCR). Guidelines for inspection of waste tire facilities will be addressed in a future advisory. Guidance for the inspection of facilities that are permitted to handle asbestos containing wastes (ACW) will also be found in a separate advisory.

In this document guidance is presented for evaluating a solid waste disposal facility's compliance with permitting aspects of Division 30 of the PRC and with 27 CCR, as well as with still applicable 14 CCR requirements. Since levels of experience vary among inspectors this document is designed to assist inspectors with all levels of expertise in the field.

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Assembly Bill 1220

With the enactment of the Solid Waste Disposal Regulatory Reform Act (AB 1220) as an urgency statute on October 1, 1993, the CIWMB was required to remove overlap, duplication, and conflict with other state and local agencies, in particular the SWRCB and the RWQCBs, in the regulation of solid waste disposal facilities. On July 18, 1997, the regulations became effective. Inspection guidance presented here suggests coordination with other agencies where there are shared areas of concern.

Local Requirements

The LEA is required under PRC §43209 to develop, implement, and maintain an inspection program. 14 CCR §18303 requires the LEA to "conduct investigations of allegations and of all SWFs where it has reason to believe that a violation exists." In accordance with PRC §43218 the LEA is required to inspect each fully permitted SWF within its jurisdiction at least one time each month. Facilities that qualify for other types of permits under the CIWMB tiered permitting structure may be inspected at different frequencies. Most landfills and disposal sites fall into the fully permitted category. The LEA is required by 14 CCR §18083 to inspect SWFs and disposal sites at the following frequency:

• Monthly for active, inactive, and illegal sites.
• Weekly for sites implementing demonstration projects for nonapproved alternative daily cover (ADC) materials.
• Quarterly for closed, abandoned, and exempt sites.
• As necessary for permit actions or complaints.

Note: Facilities implementing an ADC demonstration project for ADC materials not addressed in 27 CCR §20690 may require weekly inspection frequency for the duration of the demonstration.

State Requirements

The CIWMB is required to conduct at least one inspection every 18 months of each solid waste landfill and transformation facility and submit a written inspection report to the LEA within 30 days of the inspection (PRC §43220). The CIWMB may also conduct inspections and investigations of SWFs to evaluate the LEA and to ensure that State Minimum Standards (SMS) are met (PRC §§ 43214(a), 43219). When the CIWMB is acting as the EA it will inspect sites at the same frequencies as those required of the LEA.

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State Regulations to Implement Federal Subtitle D Requirements

The federal municipal solid waste landfill (MSWLF) regulations (Subtitle D) were adopted under Title 40, Code of Federal Regulations (40 CFR), Parts 257 and 258 on October 9, 1991. California's solid waste permitting program was approved by the U.S. EPA on October 1, 1993; therefore, California is an Approved State. The program is implemented jointly by the CIWMB, SWRCB, and RWQCBs. Compliance with California's program ensures compliance with the federal criteria and allows the CIWMB to implement the full flexibility allowed under Subtitle D for that portion of the program that is administered by the CIWMB. The CIWMB's portion of the program was formerly contained in 14 CCR. As a result of AB 1220 that portion is now incorporated into 27 CCR, Sections 20164, 20270, 20515, 20680, 20870, 20900, and 20919.5.

LEA Advisory #37, Small Dry Landfills—Delay of Subtitle D General Compliance Date (Rescinded January 15, 2002) provides guidance to enforcement agencies on federal compliance dates for qualifying small, dry, or remote landfills that met the required criteria. This advisory also contains a listing of those small dry MSWLFs that met the tonnage and precipitation criteria of 40 CFR 258.1(f)(1) and that were potential qualifiers for delay of the compliance date until October 7, 1997 (see Appendix N for federal criteria).

Recent Revisions to Criteria for Small Landfills

The Land Disposal Program Flexibility Act of 1996 directed the administrator of the U.S. EPA to provide additional flexibility within the Subtitle D regulations to approved states for any landfill that receives 20 tons or less of municipal solid waste per day, based on an annual average. On October 27, 1997, the final rule of the U.S. EPA providing additional regulatory flexibility to Approved States became effective (Appendix N). The additional flexibility applies to:

• Alternative frequencies of daily cover.
• Alternative frequencies of methane monitoring.
• Alternative final cover.

How Will This Affect Qualifying MSWLFs?

The CIWMB has adopted emergency regulations, soon to be adopted by the Office of Administrative Law (OAL), to allow the regulatory flexibilities in the first two areas for small qualifying landfills. Applicability will be determined after public review and comment and consideration of the climate, hydrogeology, and unique characteristics of small communities. Allowing the flexibility would be determined by the LEA, with concurrence by the CIWMB.

It is important to remember that this additional flexibility considers alternative frequencies for daily cover and methane monitoring only. It does not include the following Subtitle D requirements that were incorporated as regulations into 14 CCR and, eventually, 27 CCR:

27 CCR 20270—Airport Safety
27 CCR 20515—MSWLF Unit Records
27 CCR 20870—Hazardous Wastes
27 CCR 20900—Air Criteria

Thus, any small, dry landfills that qualified for the extended date of October 9, 1997 to come into compliance with Subtitle D requirements (incorporated into 27 CCR) must now comply with the four standards listed above.

How/When Will This Additional Flexibility Be Implemented?

Emergency regulations adopted by the CIWMB in April 1998 should be in effect some time in November or December 1998.

Recommendations for Those MSWLFs That May Qualify for the Additional Flexibility in Subtitle D Compliance

Until the emergency regulations developed for implementing the additional flexibility are approved by OAL CIWMB staff recommend that the LEA assess the operations of MSWLFs potentially qualifying (i.e., receiving less than 20 tons per day) and take action as necessary to maintain public health and safety and protect the environment. Once the regulations are in force LEAs will be notified and an advisory will be distributed to provide guidance for implementing the regulations.

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