LEA Advisory #54—October 26, 1998

1998 Inspection Guide for Solid Waste Landfills—Part 5

Statutes/Regulations Guidance

Following are the applicable laws and regulations of the PRC and 27 CCR for solid waste disposal sites. These are presented in the order as listed on the current SWIS inspection form. The laws/regulations are bolded and italicized with guidance listed immediately below. 14 CCR regulations regarding the disposal and storage of tires at solid waste facilities are also included.

Permits

No person shall operate a solid waste facility without a solid waste facilities permit if that facility is required to have a permit pursuant to this division. If the enforcement agency determines that a person is so operating a solid waste facility, the enforcement agency shall immediately issue a cease and desist order pursuant to Section 45005 ordering the facility to immediately cease operations, and directing the owner or operator of the facility to obtain a solid waste facilities permit in order to resume operation of the facility.

If the current operator of a facility is found to be different from the operator listed on the SWFP it is a violation of this section (see LEA #47 regarding information concerning changes in owner and or operator). If the site has never been permitted and it has been determined by the EA and/or the CIWMB that this site now needs a permit it is also a violation of this section.

(a) No operator of a solid waste facility shall make any significant change in the design or operation of the solid waste facility not authorized by the existing permit, unless the change is approved by the enforcement agency, and conforms with this division, and all regulations adopted pursuant to this division and the terms and conditions of the solid waste facilities permit are revised to reflect the change.

(b) If the operator wishes to change the design or operation of the solid waste facility in a manner that is not authorized by the existing permit, the operator shall file an application for revision of the existing solid waste facilities permit with the enforcement agency. The application shall be filed at least 150 days in advance of the date when the proposed modification is to take place unless the 150-day time period is waived by the enforcement agency.

Violations under this section include tonnage increases, landfill elevation increases, expansions of operations into property not within the current permitted boundary, new operations (composting, energy recovery, etc.), and the acceptance of unpermitted wastes such as ash, sewage sludge, and designated nonhazardous wastes that require special handling.

If the EA has determined that the site has undergone a significant change in facility conditions from those allowed by the SWFP and JTD a violation should be noted for PRC §44004 and PRC §44014(b) - Permit Terms and Conditions. A significant change may prompt further California Environmental Quality Act (CEQA) analysis, as well as a revision of the SWFP. Note that CIWMB inspectors may make a determination of significant change only after consultation with the LEA, the CIWMB’s environmental review staff and his/her supervisor before making a decision.

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The permit shall contain all terms and conditions that the enforcement agency determines to be appropriate for the operation of the solid waste facility. The operator shall comply with all terms and conditions of the permit.

If the inspector finds that the operator is not complying with all terms and conditions of the current valid SWFP, due to a significant change in operations, it is a violation of this section. Items that may not constitute a significant change, such as a violation of specific monitoring requirements of the SWFP, the inclusion of recycling operations, or the receipt of special waste not described in the SWFP or JTD may constitute a violation of this section.

(a) Except as provided in §21680, all full SWFPs shall be reviewed and, if necessary, revised from the date of last issuance at least once every five years.

(b) No less than 150 days before the permit is due for review, the operator shall submit an application for permit review. The application shall be made in the manner specified in section 21570 and 21590 and shall contain the following:

(1) identify the proposed changes in the design and operation; and

(2) updated amendments to the Report of Facility Information (RFI);

(3) for disposal sites only, the updated amendments shall include an estimate of the remaining site life and capacity.

Section 21640 requires that every permit must be reviewed every five years after its issuance, most recent revision, or most recent review. Subsection (b) sets the time frame for the operator to submit an application for the permit review. This section is violated if the operator has not submitted an application for permit review at least 150 days prior to the required review and the EA did not certify the review as complete by the due date. EAs are also responsible to notify operators of impending permit review.

Note: This standard is not included on the SWIS form for disposal sites but is a 27 CCR regulation that needs to be addressed satisfactorily by the operator and reviewed by the EA.

Any operator of a disposal site which is required to submit a RDSI, closure/postclosure maintenance plan, and/or a ROWD or any other report that addresses similar regulatory concerns, may address those requirements under one JTD. The JTD will be used in place of the RDSI only if it meets all the requirements set forth in §21600 and lists where each requirement has been satisfied in the document in the form of a JTD index, pursuant to subsection (c).

The JTD replaces and combines the report of waste discharge and the CIWMB's RDSI. The SWRCB/RWQCB and CIWMB/EA each provide a blank, agency-specific JTD index listing all requirements the JTD must address for that agency. The discharger completes each agency's index by filling in the JTD page(s) where each of that agency's requirements is addressed. Coordinated review is assured by the fact that each JTD index line item includes an indication as to whether interagency concern is likely. In this way, the reviewing person (1) can quickly find the JTD page(s) addressing each given requirement, and (2) is apprised of each topic where interagency coordination is required.

27 CCR §21665 requires that amendments to the JTD be filed with the EA, but it does not require that they be concurred with by the CIWMB, unless the EA determines that a permit revision is necessary. The CIWMB sections/index should not duplicate information contained in the SWRCB sections/index.

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Report of Disposal Site Information

(a) In order to obtain a solid waste facility permit, each operator of a disposal site must file with the EA a RDSI as required in §21600 and §21590. The information contained in the RDSI shall be used to determine whether a permit should be issued and to provide information to be included within the permit if applicable. In order to maintain the permit, the operator must file amendments to the RDSI as required in §21665. Such amendments or lack thereof may become the basis for changes in the permit or for revocation of the permit. The submittal shall contain only those items listed in §21570(f) that have changed or otherwise specified by the enforcement agency. The RDSI is required to contain all the information listed in §21600(b).

The inspector should read and become familiar with the governing JTD (the governing JTD is the one specifically referenced in the most current SWFP that has been concurred with by the CIWMB) and any EA approved documents before going to a site. The inspector should bring the working file with a copy of the JTD and EA approved amendments along on the inspection. The governing JTD and any EA approved amendment(s) must reflect current site operations as evaluated during the inspection. When applying §21600 the inspector should record all discrepancies between the governing JTD (and any amendments) and actual design and operations in his/her field notes. If the operator has instituted changes in design or operation and no amendment has been submitted to the EA pursuant to §21665 it is a violation of this standard. In addition, it may be a violation of PRC §44004 if the EA deems the change(s) significant.

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Airport Safety

(a) Owners or operators of new Municipal Solid Waste Landfill units (MSWLF), existing MSWLF units, and lateral expansions that are located within 10,000 feet (3,048 meters) of any airport runway and used by turbojet aircraft or within 5,000 feet (1,524 meters) of any airport runway end used by only piston-type aircraft must demonstrate that the units are designed and operated so that the MSWLF unit does not pose a bird hazard to aircraft.

(b) Owners or operators proposing to site new MSWLF units and lateral expansions located within a five-mile radius of any airport runway end used by turbojet or piston-type aircraft must notify the affected airport and the Federal Aviation Administration (FAA).

(c) The owner or operator must place the demonstration made pursuant to paragraph (a) of this section in the operating record and notify the EA that it has been placed in the operating record.

Definitions:

Note: Subsection (d) has been changed and (e) has been added. The definitions are now in section 20164.

(d) Existing MSWLF units that cannot make the demonstration specified in §20270(a) pertaining to airports must:

1. close by October 9, 1996 in accordance with §21110 of this article;
2. conduct postclosure activities in accordance with §21110 of this article;

(3) conduct closure and postclosure activities in accordance with applicable sections of Chapter 4 and Chapter 6 of this division;

(e) The deadline for closure required by paragraph (a) of this section may be extended up to two years if the owner or operator demonstrates to the CIWMB that:

(1) There is no available alternative disposal capacity; and

(2) There is no immediate threat to human health and the environment.

The inspector needs to determine the following: Is there an airport nearby? Is it used by piston or turbojet aircraft? How far is it from the landfill? If the criteria in section (a) apply, the inspector should look for a record of demonstration in the operating record. It is a violation of this section if no documentation exists, or if no demonstration has been conducted.

A determination of the adequacy of this demonstration is not necessary but may be appropriate if the inspector believes a bird hazard exists. The demonstration should address at least the following:

1. Is the airport facility within the regulated distance?
2. Is the runway part of a public-use airport?
3. Does/will the existence of the MSWLF increase the likelihood of bird/aircraft that may cause damage to the aircraft or injury to its occupants?

If a demonstration has been done and is in the operating record, yet the inspector believes there may be a bird hazard to aircraft, the local airport and FAA should be sent a copy of the demonstration project along with the inspector's written concerns. In this case, an area of concern should be noted on the inspection report. The inspector should verify that those MSWLFs that cannot make the demonstration have been allowed an extension of closure/postclosure activities by the CIWMB.

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Records

(a) Each site operator shall maintain records of weights or volumes accepted in a form and manner approved by the EA. Such records shall be submitted to the EA upon request, be accurate to within 10 percent and adequate for overall planning purposes and forecasting the rate of site filling.

If a site has scales the accuracy of records is easily calculated since records are maintained by weight (i.e., tare vs. total weight). Tare is defined as the weight of a vehicle deducted from the total weight (vehicle and load); the remainder is the weight of the load. At sites without scales, where cubic yardage is converted to tonnage, the operator should provide a description of the procedure used to calculate yardage. The operator must also supply a conversion factor or conversion procedure for volume to weight. The following minimum conversion factors may be used:

• 220 lbs/yd³ for private vehicle waste loads
• 500 lbs/yd³ for compacted residential waste
• 1600 lbs/yd³ for sewage sludge

Note: The figures for municipal waste above are from Managing Sanitary Landfill Operations, May 1989, Government Refuse Collection and Disposal Association. The figure for sludge is from Conversion Factors for Individual Material Types by the Tellus Institute (Appendix C).

(b) Each site operator shall maintain records of excavations which may affect the safe and proper operation of the site or cause damage to adjoining properties.

The records of cuts or excavations will usually be in the form of an annotation on a site topographical map. This information may also be found in the JTD or Waste Discharge Requirements (WDR). The RWQCB requires complete records regarding fill areas. The operator should not be required to duplicate this information.

The inspector should note a violation if the operator is not recording excavations that may affect adjoining properties. An area of concern should be indicated if records are not available for cuts that were made in the recent past, as determined by the inspector.

(c) Each site operator shall maintain a daily log book or file of the following information: fires, landslides, earthquake damage, unusual and sudden settlement, injury and property damage accidents, explosions, receipt or rejection of unpermitted wastes, flooding, and other unusual occurrences.

It is recommended that this record be maintained as a single entity at one location, for example, in a bound logbook, a file cabinet, or stored electronically as a clearly identified computer file. The log should serve as a record of these situations, and as an indicator of recurrent hazards or trends that can affect operation. Daily entries are encouraged in order to discover patterns early and to develop a regular routine of entry. If there are no special occurrences on a given day it is recommended that "No special occurrences" or a similar entry be made in the log.

(d) Each site operator shall maintain a record of personnel training as required in §20610.

Staff training in hazardous waste recognition, heavy equipment operation, safety practices, and emergency procedures should also be in the operating record.

(e) Each site operator shall maintain a copy of written notification to the EA, local health agency, and fire authority of names, addresses and telephone numbers of the operator or responsible party of the site as required in §20615.

These notifications should be placed in the operating record.

(f) Disposal Site Records, including MSWLF unit records, shall be available for inspection by authorized representatives of the EA, the local health entity and the CIWMB during normal business hours and retained near the site in an operating record or in an alternative location approved by the EA.

Records not available on site should not be in an unreasonable or excessively distant location. If some records are kept at a location other than the facility, the inspector should travel to view the records on the day of the inspection or, if not possible, request that the operator send copies of the records to the inspector within two weeks of the inspection. The inspector should work with the operator to establish form and content of the operating record so that this information is readily retrievable.

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(a) The owner or operator of a MSWLF unit must record the following information as it becomes available:

(1) Any location restriction demonstration required under §20270;

(2) Inspection records, training procedures, and notification procedures required in §20870;

(3) Gas monitoring results from monitoring and any remediation plans required by §20919 of this Subchapter;

(4) Closure and postclosure maintenance plans as required by section §21780, notice of intent to close the unit as required in §21135, notice of certification of closure as required by §21880, deed notation as required by §21170, demonstration of release from postclosure maintenance required by §21180, and any monitoring, testing, or analytical data as required by 40 CFR § 258.61; and

(5) Any cost estimates and financial assurance documentation required by §§22221, 22226, 21820, and 21840.

(6) Any information demonstrating compliance with the small community exemption required by 40 CFR §258.1(f)(2).

(b) The owner/operator must notify the EA when the documents from paragraph (a) of this section have been placed in or added to the operating record, unless an alternative frequency is approved as specified in paragraph (c) and all information contained in the operating record must be furnished upon request to the EA.

(c) The EA can set alternative schedules for recordkeeping and notification requirements as specified in paragraphs (a) and (b) of this section, except for the notification requirements in §20270.

Confirm the location of the operating record prior to inspection. This regulation sets several specific record keeping requirements; the inspector may find it helpful to list those requirements on the inspection form and to check them off for compliance in order to verify that all necessary records and documents are maintained.

The owner must notify the EA when any of the above information has been placed in the operating record. These records are available to the public through the California Public Records Act.

Requests for alternative notification schedules or location shall be made by written request to the EA and approved in writing.

Note: Additional guidance concerning Subtitle D may be found in LEA Advisory #7, Subtitle D Questions and Answers, December 30, 1993 and the U.S. EPA report, Solid Waste Disposal Facility Criteria—A Technical Manual, November 1993.

Approvals, determinations and other requirements the EA is authorized to make under this Subchapter shall be documented in writing to the operator and placed in the operating record by the operator.

If an EA has made an approval or determination regarding any of the regulations listed in the EA approval section (page 9) of this advisory the finding needs to be communicated to the operator in writing. A copy of that approval, determination, or directive should be kept by both the operator and the EA for future reference.

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Signs

(a) Each point of access from a public road shall be posted with an easily visible sign indicating the facility name, and other pertinent information as required by the EA.

(b) If the site is open to the public, there shall be an easily visible sign at the primary entrance of the site a sign indicating the name of the site operator, the operator's telephone number, and, hours of operation; an easily visible sign at an appropriate point shall indicate the schedule of charges and the general types of materials which either (1) WILL be accepted or (2) WILL NOT be accepted.

(c) If the site is open to the public, there shall be easily visible road signs and/or traffic control measures which direct traffic to the active face and other areas where wastes or recyclable materials will be deposited.

(d) Additional signs and/or measures may be required at a disposal site by the EA to protect personnel and public health and safety.

Signs are inadequate if the inspector or the public has difficulty finding the operating area. Encourage the operator to include other applicable data such as the contract operator’s name (if any), telephone number, and the words "disposal site" on the entry sign. This information provides identification for emergency vehicles and the public. The data on these signs should be checked for consistency with the data in the SWFP and JTD.

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Security

The site shall be designed to discourage unauthorized entry by persons or vehicles by using a perimeter barrier or topographic constraints. Areas within the site where open storage or ponding of hazardous materials occurs shall be separately fenced and or otherwise secured as determined by the EA. The EA may also require that other areas of the site be fenced to create an appropriate level of security.

Gates should be locked after operating hours. Damaged fencing should be repaired. Separate fencing and warning signs are strongly recommended for areas designated for septage or sewage sludge. If sites are open continuously (24 hours), site attendants should keep gates and ponds under surveillance. The inspector should look for signs of illegal entry such as tire tracks that enter the facility at the site perimeter.

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