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Delaware General AssemblyDelaware RegulationsMonthly Register of RegulationsAugust 2017


Regulatory Flexibility Act Form

Authenticated PDF Version

7 DE Admin. Code 1301
Delaware's Regulations Governing Solid Waste (DRGSW)
The hearing record on the proposed changes to DRGSW will be open August 1, 2017. Individuals may submit written comments regarding the proposed changes via email to Alison.Kiliszek@state.de.us or via USPS to Alison Kiliszek, DNREC-SHWMS, 89 Kings Highway, Dover, DE 19901. A public hearing on the proposed amendments to DRGSW will be held on Wednesday, August 30, 2017 beginning at 6:00 p.m. in the DNREC Auditorium, located at the Richardson and Robbins Building, 89 Kings Highway, Dover, DE.
The Delaware Department of Natural Resources and Environmental Control (Department) finds and declares that improper solid waste handling and disposal practices may result in environmental damage, including substantial degradation of the surface and ground water groundwater and waste of valuable land and other resources, and may constitute a continuing hazard to the health and welfare of the people of the State. The Department further finds that the utilization of solid waste handling and disposal facilities which are properly located, designed, operated, and monitored will minimize environmental damage and protect public health and welfare.
2. To implement the provisions of 7 Del.C. Ch. 60, which directs the Department to put into effect a program for improved solid waste storage, collection, transportation, processing, transfer, and disposal by providing that such activities may henceforth be conducted only in an environmentally acceptable manner pursuant to a permit obtained from the Department.
100 Year Flood” means a flood that has a one percent or greater chance of recurring in any given year or a flood of a magnitude equaled or exceeded once in 100 years on the average over a significantly long period.
"Action Leakage Rate" means the quantity of liquid collected from a leak detection system of a double liner system over a specified period of time which, when exceeded, requires certain actions to be taken as described in the Action Leakage Rate response plan approved by the Department.
"Active Life" means the period of operation beginning with the initial receipt of solid waste and ending at the completion of closure activities.
"Active Portion" means that portion of a facility that presently has an operating permit issued by the Department of Natural Resources and Environmental Control.
"Agricultural Waste" means carcasses of poultry or livestock, crop residue, or animal excrement.
"Aquifer" means a geologic formation, group of formations, or part of a formation capable of yielding a significant amount usable quantities of ground water groundwater to wells, springs springs, or surface water.
"ASTM" means the American Society for Testing and Materials.
"Authorized Representative" means the person responsible for the overall operation of a facility or an operational unit (i.e., part of a facility), e.g., the plant manager, landfill manager, superintendent, or person of equivalent responsibility.
"Bottom Ash" means the residue remaining in the bottom of the combustion chamber of an incinerator after the combustion of fuel or waste.
"Buffer Zone" means those onsite on-site areas adjacent to the facility property line which shall be left undeveloped during the active life as well as the inactive life of the facility.
"Bulky Waste" means items whose large size or weight precludes or complicates their handling by normal collection, processing, or disposal methods.
"Cap" or "Capping System" means the material used to cover the top and sides of a sanitary or industrial landfill when fill operations cease.
"Cell" means a discrete engineered area that is designed for the disposal of solid waste and that is a subpart of a landfill.
"Certification" means a statement of professional opinion based upon knowledge and belief.
"CFR" means the Code of Federal Regulations.
"Clay", as a soil separate, means the mineral soil particles less than 0.002 mm in diameter. As a soil textured class, "CLAY" means soil material that is 40% or more clay, less than 45% sand, and less than 40% silt. Clay used as a liner or cap should be classifiable as a CL or CH (Unified Soil Classification System) with a liquid limit between 30 and 60, should place above the A-line on the plasticity chart, and should have a minimum plastic index of 15. A clay liner should have a cation exchange capacity greater than 15 meq/100 grams and be in the neutral pH range.
"Clean Fill" means a non-water-soluble, non-decomposable, environmentally inert solid such as rock, soil, gravel, concrete, broken glass, and/or clay or ceramic products.
"Closed" means a facility that has ceased the management of solid waste (e.g., landfilling, material recovery operations) and the owner or operator has closed in accordance with the approved facility closure plan and all other applicable closure requirements.
"Closed Portion" means that portion of a facility which an owner or operator has closed in accordance with the approved facility closure plan and all other applicable closure requirements.
Closure" means the cessation of operation of a facility or a portion thereof and the act of securing such a facility so that it will pose no significant threat to human health or the environment.
"Closure Plan" means written reports and engineering plans detailing those actions that will be taken by the owner or operator of a facility to effect proper closure of that facility or a portion thereof.
"Coal Combustion Residuals (CCR)" means fly ash, bottom ash, boiler slag, flue gas desulfurization, and other solid wastes generated from burning coal for the purpose of generating electricity by electric utilities and independent power producers.
"Commercial Waste" means solid waste generated by stores, offices, restaurants, warehouses, and other non-manufacturing, non-processing activities.
"Compost" means a product of composting that has been stabilized to a humus-like product, is free of pathogens at an infectious level and of viable plant seeds, that does not attract insects or vectors, can be handled and stored without nuisance, and is beneficial to the growth of plants.
"Composting" means the biological decomposition and stabilization of organic material, under conditions that allow development of thermophilic temperatures as a result of biologically produced heat, to produce a final product that is stable, free of pathogens and viable plant seeds, and can be beneficially applied to the land.
"Composting Facility" means a facility where organic material is processed using composting technology which may include include, but is not limited to to, physical turning, windrowing, in vessel in-vessel composting, or other mechanical handling of organic material.
"Confined Aquifer" means an aquifer containing ground water groundwater which is everywhere at a pressure greater than atmospheric pressure and from which water in a well will rise to a level above the top of the aquifer. A confined aquifer is overlain by material of distinctly lower permeability ("confining bed") than the aquifer.
"Contaminant" means any substance that enters the environment at a concentration that has the potential to endanger human health or degrade the environment.
"Controlling Slopes" means slopes on those areas of a liner that have a direct influence on the maximum leachate head, or slopes that are perpendicular to the collection laterals.
"Daily Cover" means a layer of compacted earth, or other suitable material as approved by the Department, used to enclose a volume of solid waste each working day.
"Department" means The Department of Natural Resources and Environmental Control.
"Dike" means an embankment, berm, or ridge of either natural or man-made materials used to prevent or to control the movement of solids, liquids, sludges, or other materials.
"Discharge" means the accidental or intentional spilling, leaking, pumping, pouring, emitting, emptying, or dumping of a substance into or onto any land, water, or air.
"Disposal" means the discharge, deposit, injection, dumping, spilling, leaking, or placing of any solid waste into or upon any land or water.
"Disposal Facility" means any facility or portion of a facility at which solid waste is intended to be and/or is intentionally placed into or onto any land and at which solid waste will remain after closure has taken place.
"Double Liner System" means a liner system consisting of two liners with a leachate detection and collection system in between.
"Dry Waste" (formerly called "Inert Solid Waste") means wastes including, but not limited to, plastics, rubber, lumber, trees, stumps, vegetative matter, asphalt pavement, asphaltic products incidental to construction/demolition debris, or other materials which have reduced potential for environmental degradation and leachate production.
Enclosed by a Building” means a permanent fixed structure surrounded on all sides by four solid walls, a structurally sound roof, and an impermeable floor, with no permanent openings.
"Enclosed by a trailer" means an unaltered, prefabricated metal structure, fully enclosed, sound in construction, and designed for use as a shipping container (e.g., a semi-truck trailer).
"Environmental Assessment" means a detailed and comprehensive description of the condition of all environmental parameters as they exist at and around the site of a proposed action prior to implementation of the proposed action. This description is used as a baseline for assessing the environmental impacts of a proposed action.
"Environmentally Unsound" means characterized by any condition, resulting from the methods of operation or design of a facility, which impairs the quality of the environment when compared to the surrounding background environment or any appropriate promulgated federal, state, county or municipal standard.
"Existing Facility" means a facility which was in operation or for which construction had commenced on or before the date of enactment of these regulations, provided that the facility was being constructed or operated pursuant to all permits and/or approvals required by the Department at the time of enactment. A facility has commenced construction if either:
(i) an onsite physical construction program has begun and is moving toward completion within a reasonable time; or
(1) An on-site physical construction program has begun and is moving toward completion within a reasonable time; or
"Existing Landfill Cell" means a landfill cell which was in operation or for which construction had commenced on or before the date of enactment of these regulations, provided that the landfill cell was being constructed or operated pursuant to all permits and/or approvals required by the Department at the time of enactment. A landfill cell has commenced construction if either:
(1) An on-site physical construction program has begun and is moving toward completion within a reasonable time; or
"Expansion" means the process of increasing the areal dimensions, vertical elevations, or slopes beyond the original approved limits of the facility.
"Facility" means all contiguous land, and structures, other appurtenances, and improvements on the land, used in resource recovery and/or the treatment, handling, composting, storage, or disposal of solid waste. A facility may consist of several operational units (e.g., one or more landfills, cells, incinerators, compactors, or combinations thereof).
"Final Cover" means the material used to cover the top and sides of a landfill cell when fill operations cease.
"Flood Plain" means the lowland and relatively flat areas adjoining inland and coastal waters, that are inundated by the 100 YEAR FLOOD.
"Fly Ash" means a powdery residue resulting from the combustion of fuel or waste and captured by air pollution control equipment prior to exiting the smokestack.
"Free Liquids" means liquids which readily separate from the solid portion of a waste under ambient temperature and pressure, using any or all of the following tests: EPA Paint Filter Test; EPA Plate Test; EPA Gravity Test.
"Garbage" means any putrescible solid and semisolid animal and/or vegetable wastes resulting from the production, handling, preparation, cooking, serving serving, or consumption of food or food materials.
"Generation" means the act or process of producing solid waste.
"Generator" means the producer or the source of the solid waste.
"Geomembrane" means a prefabricated continuous sheet of flexible polymeric or geosynthetic material.
Gross Vehicle Weight Rating (GVWR) or gross vehicle weight weight, means the value specified by the manufacturer as the loaded weight of a single vehicle.
"Ground Water Groundwater" means any water naturally found under the surface of the earth in a zone of saturation.
"Hazardous Waste" means a solid waste, or combination of solid wastes, which because of its quantity, concentration, or physical, chemical, or infectious characteristics may cause or significantly contribute to an increase in mortality or an increase in serious irreversible, or incapacitating irreversible, illness, or pose a substantial present or potential hazard to human health or the environment when improperly treated, stored, transported, or disposed of, or otherwise managed. Without limitation, included within this definition are those hazardous wastes described in Sections 261.31, 261.32, and 261.33 of the Delaware Delaware’s Regulations Governing Hazardous Waste (DRGHW).
"Household Waste" means any solid waste derived from households (including single and multiple residences, hotels and motels, bunkhouses, ranger stations, crew quarters, campgrounds, picnic grounds, and day-use recreation areas).
"Hydraulic Conductivity" means the capacity to transmit water through a permeable medium (i.e., the coefficient of permeability). It is expressed as the volume of water that will move in a unit of time under a unit hydraulic gradient through a unit area.
"Impermeable" means having a hydraulic conductivity equal to or less than 1 x 107 10-7 cm/sec as determined by field and laboratory permeability tests made according to standard test methods which may be correlated with soil densification as determined by compaction test.
"Industrial Landfill" means a land site at which industrial waste is deposited on or into the land as fill for the purpose of permanent disposal, except that it will not include any facility that has been approved for the disposal of hazardous waste under the Delaware Regulations Governing Hazardous Waste.
"Industrial Waste" means any water-borne liquid, gaseous, solid, or other waste substance or a combination thereof resulting from any process of industry, manufacturing, trade or business, or from the development of any agricultural or natural resource.
"Infectious Waste": see Section 11.0 - Special Wastes Management, Part 1 - Infectious Waste, subsection 11.3 for additional definitions pertaining to infectious waste.
"Institutional Waste" means solid waste that is generated by institutional enterprises such as social, charitable, educational, and government services and that is similar in nature to household waste.
"Intermediate Cover" means a layer of compacted earth, or other suitable material as approved by the Department, applied to a partially completed landfill.
"Landfill" means a natural topographic depression and/or man-made excavation and/or diked area, formed primarily of earthen materials, which has been lined with man-made and/or natural materials or remains unlined and which is designed to hold an accumulation of solid wastes.
"Landfill Cell Boundary" means an imaginary vertical surface located at the hydraulically downgradient limit of the cell. This imaginary vertical surface extends down into the uppermost aquifer.
"Leachate" means liquid that has passed through, contacted, or emerged from solid waste and contains dissolved, suspended, or miscible materials, chemicals, and microbial waste products removed from the solid waste.
"Lift" means a completed series of compacted layers within a cell.
"Liner" means a continuous layer of impermeable material beneath and on the sides of a landfill or landfill cell.
"Liquid Waste" means a waste that contains less than 20 percent solids or releases free liquids.
"Local Agency" means any special district, authority, municipality, county, or any other political subdivision.
"Materials Recovery Facility" means a facility at which materials, other than source separated materials, are recovered from solid waste for recycling or for use as an energy source.
"Municipal Solid Waste" means household waste and solid waste that is generated by commercial, institutional, and industrial sources and is similar in nature to household waste.
"Municipal Solid Waste Ash" means the ash resulting from the combustion of municipal solid waste in a thermal recovery facility.
"New Industrial Landfill Cell" means any industrial solid waste landfill unit which has not received waste prior to the effective date of these regulations. See Existing Landfill Cell definition.
"New Sanitary Landfill Cell" means any municipal solid waste landfill unit which has not received waste prior to the effective date of these regulations. "Sanitary Landfill Cell" has the same meaning as "Municipal Solid Waste Landfill Unit" in the RCRA Subtitle D (40 CFR Part 258) Regulations.
"New Solid Waste Facility" means a facility which was not in operation or for which construction had not commenced on or before the date of enactment of these regulations.
Non-commercial capacity” means not for a profit; receiving a reimbursement, monetary or otherwise; or receiving other compensation.
"Onsite On-site" means on the same or geographically contiguous property which may be divided by public or private right-of-way. Noncontiguous properties owned by the same person but connected by a right-of-way which the owner controls and to which the public does not have access are also considered onsite on-site property.
"Open Burning" means the combustion of solid waste without:
"Operator" means the person responsible for the overall operation of a solid waste facility.
"Owner" means the person who owns a facility or any part of a facility.
Passenger Tire Equivalent” means a conversion measurement using the assumption that one passenger car tire is equal to 25 pounds. A tire weighing more than 25 pounds shall be evaluated by dividing its total weight by 25 pounds to equal the number of PTEs.
"Perched Water (or Perched Water Table)" means a subsurface, discontinuous saturated lense with unsaturated conditions existing both above and below; typically due to the existence of a horizontal, low-permeability layer in a relatively high-permeability formation that captures and contains the downward percolating groundwater.
"Permittee" means a person holding a permit issued by the Department pursuant to this regulation.
"Person" means any individual, trust, firm, joint stock company, federal agency, partnership, corporation (including a government corporation), association, state, municipality, commission, political subdivision of a state, any interstate body, company, society, or any organization of any form.
"Personnel" or "Facility Personnel" means all persons who are trained to work at, or oversee the operations of, a solid waste facility, and whose actions or failure to act may result in noncompliance with the requirements of the Delaware Delaware’s Solid Waste Regulations or other regulations under the jurisdiction of the State of Delaware.
"Postclosure Post-Closure Care" means maintenance and long-term monitoring of, and financial responsibility for, a closed facility.
"Professional Engineer" means an individual who is currently licensed by the State of Delaware to practice one or more disciplines of engineering and who is qualified by education, technical knowledge, and experience to make the specific technical certifications required.
"Professional Geologist" means an individual who is currently licensed by the State of Delaware to practice one or more disciplines of geology and who is qualified by education, technical knowledge, and experience to make the specific technical certifications required.
Prudent or practical” means:
"Qualified Person" means a person or persons trained to recognize specific appearances of structural weakness and other conditions which are disrupting or have the potential to disrupt the operation or safety at Solid Waste Facilities (e.g., landfills) by visual observations and, if applicable, to monitor instrumentation.
"Recharge Area" means that portion of a drainage basin in which the net saturated flow of ground water is directed away from the water table the total surficial area of land surface where the movement of water downward from the land surface through the unsaturated zone to the saturated zone or water table occurs; and has a discharge point (or zone) which specifically defines the area of surface water capture.
"Recognized and Generally Accepted Good Engineering Practices" means engineering maintenance or operation activities based on established coded, widely accepted standards, published technical reports, or a practice widely recommended throughout the industry. Such practices generally detail approved ways to perform specific engineering, inspection, or mechanical integrity activities.
"Recyclable Material" means a solid waste that exhibits the potential to be used repeatedly in place of a virgin material.
"Recycling" means the process by which recyclable materials, which would otherwise be disposed of as solid waste, are returned to the economic mainstream in the form of raw materials or products.
"Refuse" means any putrescible or nonputrescible solid waste, except human excreta, but including garbage, rubbish, ashes, street cleanings, dead animals, scrap tire(s), offal and solid agricultural, commercial, industrial, hazardous and institutional wastes, and construction wastes.
"Regulated Medical Waste": see Section 11.0 - Special Wastes Management, Part 1 - Infectious Waste, subsection 11.3 for additional definitions pertaining to Regulated Medical / Infectious Waste.
"Representative Sample" means a sample of a universe or whole (e.g., waste pile, lagoon, and groundwater) which can be expected to exhibit the average properties of the universe or whole.
"Resource Recovery" means the process by which materials, excluding those under control of the Nuclear Regulatory Commission, which still have useful physical or chemical properties after serving a specific purpose purpose, are reused or recycled for the same or another purpose, including use as an energy source.
"Resource Recovery Facility" means a facility that is either a Materials Recovery Facility Or A or a Thermal Recovery Facility.
"Rubbish" means any nonputrescible solid waste, excluding ashes, such as cardboard, paper, plastic, metal or glass food containers, rags, waste metal, yard clippings, small pieces of wood, excelsior, rubber, leather, crockery, and other waste materials.
"Runoff" means any precipitation, leachate, or other liquid that drains over land from any part of a facility.
"Runon Run-on" means any precipitation, leachate, or other liquid that drains over land onto any part of a facility.
"Salvaging" means the controlled removal of solid waste from any facility for reuse of the waste material.
Sanitary Landfill" means a land site at which solid waste is deposited on or into the land as fill for the purpose of permanent disposal, except that it will not include any facility that has been approved for the disposal of hazardous waste under the Delaware Regulations Governing Hazardous Waste.
"Sanitary Landfill Cell Boundary" means a vertical surface located at the hydraulically downgradient limit of the cell. This vertical surface extends down into the uppermost aquifer. "Sanitary Landfill Cell Boundary" has the same meaning as "Waste Management Unit Boundary" in the RCRA Subtitle D (40 CFR Part 258) Regulations. "Sanitary Landfill" has the same meaning as "MSWLF" in the RCRA Subtitle D (40 CFR Part 258) Regulations.
"Saturated Zone" means that part of the earth's crust in which all the voids are filled with water.
"Scavenging" means the uncontrolled and/or unauthorized removal of solid waste from any facility.
Scrap tire” means:
Scrap tire facility” means an accumulation of 100 or more scrap tires wherein each scrap tire weighs 25 pounds or less; or 100 or more scrap passenger tire equivalents; or any combination thereof that, upon conversion, results in 100 or more passenger tire equivalents, in the same general vicinity that is not enclosed by a building, including, but not limited to, open fields, woodlots, pavement, dumpsters or rolloffs, trailers, and fenced areas. For scrap tires weighing more than 200 pounds each, the first 10 scrap tires are exempt from the accumulation amount.
"Seasonal high water table" means an undulating or planar surface (two-dimensional) defined by a series of the highest points of saturated soil or rock in the uppermost-unconfined aquifer that is seasonally or permanently saturated. A two-dimensional surface, below which all pores in rock or soil that is seasonally or permanently saturated. The season high water table must be determined using one of the following:
"Secretary" means the Secretary of the Department of Natural Resources and Environmental Control or his or her duly authorized designee.
"Seismic Factor of Safety" means the factor of safety (safety factor) determined using analysis under earthquake conditions using the peak ground acceleration for seismic event with a 2% probability of exceedance in 50 years, equivalent to a return period of approximately 2,500 years, based on the U.S. Geological Survey (USGS) seismic hazard maps for seismic events with this return period for the region where the coal combustion residual (CCR) surface impoundment is located.
"Setback" means the area between the actual disposal area and the property line which can be used for construction of environmental control systems such as runoff diversion ditches, monitoring wells, or scales; for scrap tire facilities, “setback” means the minimum amount of distance required between the most outer edge of the scrap tire facility and another object, including, but not limited to, a property line, public roads, wells, etc.
"Site" means the area of land or water within the property boundaries of a facility where one or more solid waste treatment, resource recovery, recycling, storage storage, or disposal areas are located.
"Sludge" means any solid, semisolid, or liquid waste generated from a municipal, commercial, or industrial wastewater treatment plant, water supply treatment plant, or air pollution control facility exclusive of the treated effluent from a wastewater treatment plant.
"Solid Waste" means any garbage, refuse, rubbish, sludge from a waste treatment plant, water supply treatment plant or air pollution control facility and other discarded material, including solid, liquid, semisolid or contained gaseous material resulting from industrial, commercial, mining and agricultural operations, and from community activities, but does not include solid or dissolved material in domestic sewage, or solid or dissolved material in irrigation return flows or industrial discharges which are point sources subject to permits under 7 Del.C. Ch. 60, as amended, or source, special nuclear, or by-product material as defined by the Atomic Energy Act of l954 1954, as amended.
"Solid Waste Management" or "Management" means the systematic administration of the activities which provide for the collection, source separation, storage, transportation, processing, treatment, or disposal of solid waste.
"Source Separated" means divided into its separate recyclable components at the point of generation.
"Special Solid Wastes" means those wastes that require extraordinary management. They include but are not limited to to: abandoned automobiles, white goods, used tires, waste oil, sludges, dead animals, agricultural and industrial wastes, infectious waste, municipal ash, septic tank pumpings, and sewage residues.
"Storage" means the holding of solid waste for a temporary period, at the end of which time the solid waste is treated, disposed of, or stored elsewhere.
"Subbase" means the supporting soil layers beneath a liner.
"Surface impoundment" means a natural topographic depression, and/or man-made excavation, and/or diked area formed primarily of earthen materials (although it may be lined with man-made materials) or remains unlined, and which is designed to hold an accumulation of liquid wastes or wastes containing free liquids.
"Surface Water" means water occurring generally on the surface of the earth.
"Thermal Recovery Facility" means a facility designed to thermally break down solid waste and to recover energy from the solid waste.
Tire” means a covering fitted around the rim of a vehicular wheel to absorb shocks, usually of reinforced rubber or a rubberized compound, and pressurized with air or by a pneumatic inner tube, including, but not limited to, car tires, truck tires, and off-the-road tires, and any substantial portion of such covering.
"Topsoil" means the friable dark upper portion of a soil profile that contains mineral substances and organic material in varying degrees of decomposition and is capable of supporting vegetation.
"Transfer Station" means any facility where quantities of solid waste delivered by vehicle are consolidated or aggregated for subsequent transfer by vehicle for processing, recycling, or disposal.
"Transportation" means the movement of solid waste by air, rail, water, over the roadway, or on the ground.
"Transporter" means any person engaged in the transportation of solid waste.
"Treatment" means the process of altering the physical, chemical, or biological condition of the waste to prevent pollution of water, air, or soil or to render the waste safe for transport, disposal, or reuse.
"Unconfined Aquifer" means an aquifer in which the upper surface of the zone of saturation is at atmospheric pressure.
"Uppermost Aquifer" means the geologic formation nearest the natural ground surface that is an aquifer, as well as, lower aquifers that are hydraulically interconnected with this aquifer within the facility's property boundary. Upper limit is measured at a point nearest to the natural ground surface to which the aquifer rises during the wet season.
"Variance" means a permitted deviation from an established rule or regulation, or plan, or standard or procedure, as provided in 7 Del.C. Ch. 60.
"Vector" means a carrier organism that is capable of transmitting a pathogen from one organism to another.
"Vehicle" means a motorized means of transporting something. "Vehicle" includes both the motorized unit and all containerized units of a conveyance attached thereto.
"Water Table" means that surface in a ground water groundwater body at which the water pressure is atmospheric. It is defined by the levels at which water stands in wells that penetrate the water body just far enough to hold standing water.
Well" means any excavation that is drilled, cored, bored, washed, driven, dug, jetted jetted, or otherwise constructed when the intended use of such excavation is for the location, testing, acquisition or artificial recharge of underground water, and where the depth is greater than the diameter or width.
"Working Face" means that portion of a landfill where waste is discharged, spread spread, and compacted prior to placement of daily cover.
Within 60 days after receipt of a completed application and all other required information, the Department will give public notice and the opportunity for a public hearing as provided in 7 Del.C. Ch. 60. The cost of the advertisement shall be borne by the applicant. A 15 day comment period will follow the publication date of each public notice. If no meritorious adverse public comments are received during this period, and the Secretary does not deem a public hearing to be in the best interest of the State, the Department will enter into the permit approval/denial phase. If a meritorious request for a hearing is received during the comment period, or if the Secretary deems a hearing to be in the best interest of the State, a public hearing will be held as provided in 7 Del.C. §6004 and 6006.
4.1.6.1 Any person wishing to renew an existing permit that is to expire shall, not less than 180 days prior to the expiration date of the existing permit, submit to the Department, a permit renewal application form with all supporting documentation and appropriate fees as required by these regulations.
4.1.6.2 In the event that the permittee submits a timely application, (not less than 180 days prior to the expiration date of the existing permit) and the Department, through no fault of the permittee, is unable to make a final determination on the application before the expiration date of the existing permit, the Department may, at its discretion, grant an extension of that permit. If the Department issues an extension, all conditions of the permit will remain in effect, for a period of time which will be determined by the Department.
4.1.8.3.1 close Close the facility in accordance with the closure requirements contained in the solid waste facility permit and these regulations, or
4.1.8.3.2 continue Continue to maintain control of, and responsibility for the facility in compliance with the conditions of the permit and these regulations, including, but not limited to to, the requirements for financial assurance, operations, recordkeeping, reporting, monitoring, closure, post closure post-closure care, and corrective actions if needed.
Unless otherwise specified within these regulations, the following application procedures apply to all submissions received after [INSERT DATE 21 DAYS AFTER PUBLICATION IN STATE REGISTER].
4.2.1.3 A plan of operation. This report shall be prepared under the direction of and signed by a Professional Engineer or Professional Geologist registered in Delaware or other Department-approved person and shall include the following:
4.2.1.5 A hydrogeological assessment. A hydrogeological investigation must be performed at the proposed site and approved by the Department before a construction permit will be issued. This investigation and report shall be prepared and signed by a Professional Geologist registered in Delaware. This investigation shall include a series of test borings and wells, constructed to a depth and in a number sufficient to identify:
4.2.1.5.2 Ground water Groundwater flow directions, directions;
4.2.1.5.3 Ambient ground water Background groundwater quality, using a minimum of eight (8) independent samples for each background and downgradient well;
4.2.1.5.4 Potential pathways of contaminants to points of ground water discharge, groundwater discharge;
4.2.1.5.5 Approximate ground water groundwater flow rates and travel times from the facility to points of discharge (including wells and/or surface water). water); and
4.2.1.5.6 In addition, delineation of the anticipated maximum elevation of the seasonal high water table shall be provided. A delineation of the anticipated maximum elevation of the seasonal high water table.
This investigation and report shall be signed by a Professional Geologist registered in Delaware.
4.2.1.6 An environmental assessment shall be performed to provide a detailed analysis of the potential impact of the proposed facility on the environment. This assessment shall be prepared under the direction of and signed by a Professional Engineer registered in Delaware. Factors to be considered include:
4.2.1.8 4.2.1.10 Proof of financial responsibility for closure and post-closure care, as described in subsection 4.1.11.
4.2.1.9 4.2.1.11 Proof that the facility meets the siting criteria required by subsections subsection 5.1 or 6.1.
4.2.1.10 4.2.1.13 Any other related reports, data, maps, or information that the Department requires.
4.2.3.1.3 Post-closure care plan describing how the requirements of Section 5.K subsection 5.11 or 6.K 6.12 (as appropriate) will be met.
4.4.1.4.10 An identification of possible ground water groundwater and surface water discharges.
4.4.1.9 Topographical and site location maps. This shall include a topographical map or series of maps on a scale satisfactory to the Department Department, but in no case less than one inch equal to 400 feet, showing topographic elevations surveyed with reference to mean sea level, and any necessary narrative descriptions, including but not limited to the following:
4.4.2.2 After the construction of a new resource recovery facility has been completed, and prior to the receipt of solid waste or materials for processing, the permittee shall submit a final report for the Department’s approval. The final report shall certify that the construction of the resource recovery facility was completed in accordance with the engineering report to include the quality assurance plan, construction and material specifications specifications, and design drawings. The final report shall be certified correct by the third-party quality assurance engineer, who must be a Professional Engineer registered in Delaware. The permittee shall not commence operations, store store, or receive solid waste or materials to be processed until the Department has provided its written notification that the construction and the final report meet the requirements of the permit and the Delaware Delaware’s Regulations Governing Solid Waste.
4.4.3.3 Closure schedule schedule.
4.5.1.3 A plan of operation operation. The applicant shall submit a plan of operation in a format that includes a dated title page (title, name/location of facility, author, permittee name), a table of contents, numbered pages, labeled chapters and subsections, and numbered paragraphs. Content of the plan shall include the following:
4.5.1.5 A hydrogeological assessment, if deemed necessary by the Department. A hydrogeological investigation of the proposed site may be required before the Department will issue a permit. This investigation and report shall be signed by a Professional Geologist registered in Delaware. This investigation shall include a series of test borings and wells, constructed to a depth and in a number sufficient to identify:
4.5.1.5.2 Ground water Groundwater flow directions.
4.5.1.5.3 Ambient ground water Background groundwater quality.
This investigation and report shall be signed by a Professional Geologist registered in Delaware.
4.6.1.5 A hydrogeological assessment, if deemed necessary by the Department. A hydrogeological investigation may be required at the proposed site and approved by the Department before a construction permit will be issued. This investigation and report shall be signed by a Professional Geologist registered in Delaware. This investigation shall include a series of test borings and wells, constructed to a depth and in a number sufficient to identify:
4.6.1.5.2 Ground water Groundwater flow directions, directions;
4.6.1.5.3 Ambient ground water quality, Background groundwater quality;
4.6.1.5.4 Potential pathways of contaminants to points of ground water discharge. groundwater discharge; and
4.6.1.5.5 In addition, an evaluation shall be made of the elevation of the seasonal high water table. A delineation of the anticipated maximum elevation of the seasonal high water table.
This investigation and report shall be signed by a Professional Geologist registered in Delaware.
4.6.1.9 Closure plan that conforms with Section 11.0 - Special Wastes Management, Part 1 - Infectious Waste, subsection 11.8, as appropriate.
4.6.1.11 Proof that the facility meets the siting criteria required by Section 11.0 - Special Wastes Management, Part 1 - Infectious Waste, subsection 11.1.2.
4.6.3.2 A detailed plan for closing the facility so as to achieve the objectives described in Section 11.0 - Special Wastes Management, Part 1 - Infectious Waste, subsection 11.10.
Nitrate (NO3-N), Nitrate (NO2-N),
Nitrate (NO3N) and Ammonia (NH3N)
5.7.3.2.3 Test methods used to determine the parameters of subsection 5.7.3.2.2 shall be those described in "Test Methods for Evaluating Solid Waste, Physical/Chemical Methods", EPA Publication SW-846 [Third Edition (November 1986), as amended by Updates I (dated July 1992), II (dated September 1994), IIA (dated August 1993), IIB (dated January 1995), III (dated December 1996), and IIIA (dated April 1998)], or other tests approved in writing by the Department.
5.11.5.1 The owner of the property on which a sanitary landfill is located must record an environmental covenant, per Delaware Code Title 7, Chapter 79, Subchapter II, with the deed to the facility property that will in perpetuity notify any potential purchaser of the property:
(NOTE: This section applies to those landfills that dispose of only industrial and/or dry waste. Additional requirements for landfills and surface impoundments containing coal combustion residuals are located in Section 11.0 - Special Wastes Management, Part 3 - Coal Combustion Residuals.)
6.1.3.1 Within the 100 year flood plain as delineated by the Federal Emergency Management Agency.
6.1.3.2.1 there There is no impact to any regulated wetlands on the site, or
6.1.3.2.2 any Any impact will be mitigated as required.
6.1.3.6 6.1.3.9 In areas where valuable aquifers would be threatened by contaminant releases, unless viable alternatives have been dismissed and stringent design measures have been incorporated to minimize the possibility and magnitude of releases.
6.1.3.7 6.1.3.10 Within 200 feet of the facility property boundary unless otherwise approved by the Department.
6.1.3.8 6.1.3.11 In an area that is environmentally unique or valuable.
6.2.1 General provisions. Industrial landfills shall be planned and designed by professional engineers a Professional Engineer registered in Delaware. Planning and design of these facilities shall be consistent with the declared purpose and intent and in accordance with the provisions of this regulation and based on empirically derived data and state of the art technology.
All industrial landfills shall be designed to minimize contaminant releases and to prevent significant adverse impacts on human health or the environment and include at least the following:
6.2.2.6 A ground water groundwater monitoring system that meets the requirements of subsection 6.7.
6.3.1.2 Determines The Department reserves the right to set a more stringent liner requirement when it determines that a composite liner is not sufficient to protect human health and the environment.
6.3.1.3 The bottom of the liner (of the secondary liner, in a double liner system) shall be at least five (5) feet above the seasonal high water table, as measured in the uppermost aquifer beneath the landfill. This 5-foot requirement may be reduced by the Department if a more stringent liner system is used. Existing landfills or lateral expansions that have physically commenced construction before [INSERT DATE 21 DAYS AFTER PUBLICATION IN STATE REGISTER] may continue to operate or construct lateral expansions under previous Department approvals.
6.3.1.4 All liners shall be prepared, constructed, and installed in accordance with a quality assurance plan included in the engineering report [subsection 4.2.1.4] and approved by the Department. For synthetic liners, the plan shall incorporate the manufacturer's recommendations.
6.3.1.5 Qualifications of the construction quality assurance staff (CQA) and the geosynthetics installer, including master seamers, on-site supervisor, and construction quality control (CQC) personnel, shall be submitted to the Department for review prior to their performing these duties on site.
6.3.1.6 All conformance and destructive samples taken as part of the construction quality assurance plan shall be tested at an independent laboratory which is accredited by the Geosynthetics Institute’s Laboratory Accreditation Program (by applicable test method) or other accreditation program acceptable to the Department.
6.3.2.1.1.1 Is at least 45 mils thick. Geomembrane liner components consisting of high density polyethylene (HDPE) must be at least 60 mils thick for all new cells that begin physical construction after [INSERT DATE 21 DAYS AFTER PUBLICATION IN STATE REGISTER].
6.3.2.1.1.2 Is constructed of materials that have appropriate chemical properties and sufficient strength and thickness to prevent failure due to pressure gradients (including static head and external hydrogeological forces), physical contact with the leachate to which it is exposed, climatic conditions, the stresses of installation, and the stresses of daily operation.
6.3.2.1.1.3 Is made of synthetic material that meets minimum requirements of the National Sanitation Foundation's publication, "Standard Number 54-1993, Flexible Membrane Liners" for membrane materials covered by this standard, or of other materials of equal or better performance as approved by the Department. Is manufactured in accordance with formal Manufacturing Quality Control (MQC) and Manufacturing Quality Assurance (MQA) processes designed to produce geosynthetic material which meet or exceed project specifications when tested in accordance with Geosynthetic Research Institute test methods or other nationally recognized standards approved by the Department.
6.3.2.1.1.4 Is chemically resistant to the waste and leachate managed at the facility, as demonstrated by applicable ASTM standards or other nationally recognized test methods approved by the Department. The EPA Test Method 9090 shall be performed using a solid waste leachate (a synthetic leachate mix approved by the Department may be substituted if existing leachate is not available). The specified physical parameters shall be tested before and after liner exposure. Any significant change in test properties shall be considered to be indicative of incompatibility.
6.3.2.2.1.1 Underlying ground water groundwater is not used and is not reasonably expected to be used for water supplies, and
6.3.2.2.2.2 The material shall be at least five (5) feet thick, and thicker if necessary necessary, to prevent any leachate from migrating through the liner at any time during the tive active life and through the postclosure post-closure care period of the facility.
6.3.2.2.2.3 The material proposed for use shall be tested by ASTM or equivalent methods. All data shall be submitted to the Department prior to construction. Material shall be tested for the following:
All data shall be submitted to the Department prior to construction.
6.3.2.2.2.4 Testing of the saturated hydraulic conductivity and the effect of leachate on soil hydraulic conductivity shall be performed in accordance with test methods described in the most current version of “Test Methods for Evaluating Solid Waste, Physical/Chemical Methods”, EPA Publication SW-846 [Third Edition (November 1986), as amended by Updates I (dated July 1992), II (dated September 1994), IIA (dated August 1993), IIB (dated January 1995), III (dated December 1996), and IIIA (dated April 1998)], or other tests approved in writing by the Department.
6.3.2.2.2.5 If onsite on-site soils are to be used as a natural liner, the uppermost five (5) feet of soil shall be excavated and recompacted to ensure homogeneity of the liner, provided, however, that with respect to dredge spoil soils, the excavation and recompaction requirement shall not apply if the applicant can demonstrate that the dredge spoil soils have acceptable characteristics as indicated above.
6.3.2.3.2 The primary (top) liner shall be a synthetic liner which is at least 30 45 mils thick and which meets the requirements of subsections 6.3.2.1.1.2 - 6.3.2.1.1.6 6.3.2.1.1.1 through 6.3.2.1.1.6.
6.3.2.3.3 The secondary (bottom) liner may be either synthetic or natural. If synthetic, it must be at least 30 45 mils thick and must meet the requirements of subsections 6.3.2.1.1.2 - 6.3.2.1.1.6 6.3.2.1.1.1 through 6.3.2.1.1.6. If natural, it must meet the requirements of subsection 6.3.2.2.
6.3.2.3.4 The drainage layer separating the two liners shall consist of at least 12 inches of soil having a hydraulic conductivity greater than 1 x 10-2 cm/sec based on laboratory and field testing. Alternate material may be used for the drainage layer with prior written approval of the Department.
6.3.2.3.5 The leak detection system shall be capable of detecting and intercepting liquid within the drainage layer and conveying the liquid to a collection sump or monitoring point where the quantity of flow can be measured and the liquid can be sampled. The operator or designer shall calculate the Action Leakage Rate. The proposed Action Leakage Rate and a response plan if the Action Leakage Rate is exceeded shall be submitted to the Department for approval before construction of the liner is permitted. The system shall be designed to operate without clogging through the postclosure post-closure care period of the facility.
6.3.3.1.2.1 It shall be capable of supporting the loads and withstanding the stresses that will be imposed on it through the active life and postclosure post-closure care period of the facility and of resisting the pressure gradient above and below the liner caused by settlement, compression, or uplift.
6.3.3.1.3.1 two Two (2) percent on controlling slopes and one-half (0.5) percent on remaining slopes, OR
6.3.3.1.3.2 the The controlling and remaining slopes shall be designed to prevent the head on the liner, excluding sump areas, from exceeding a depth of twelve (12) inches inches, including post settlement conditions.
6.3.3.1.4 The landfill shall be designed to minimize penetrations through the liner. If a penetration is essential, a liquidtight liquid-tight seal must be accomplished between the penetrating structure and the synthetic membrane. Compaction of areas adjacent to the penetrating structure shall be to the same density as the surrounding soil to minimize differential settlement. Sharp edges on the penetrating structure must not come in contact with the synthetic material.
6.3.3.1.6 Synthetic liners shall have factory and field seams that equal or exceed the strength requirements defined by the National Sanitation Foundation's "Standard Number 54-1993" for that liner material. All stipulated in the project specification. Strength requirements shall be demonstrated in accordance with applicable Geosynthetic Research Institute and ASTM test methods in accordance with the Construction Quality Assurance Plan for the project and all seams must be visually inspected and tested along their entire length for seam continuity using suitable nondestructive techniques. Seams shall also be tested for strength, at a frequency specified in the quality assurance plan. Other nationally recognized standards may be used with prior approval from the Department. In addition, field seams shall meet the following requirements:
6.3.3.1.6.2 Seaming shall not be done when wind windy conditions prevail.
6.4.1.1 All industrial landfills shall be designed and constructed to include a leachate collection system, a leachate treatment and disposal system, and a leachate monitoring system. Existing landfills or lateral expansions that have physically commenced construction before [INSERT DATE 21 DAYS AFTER PUBLICATION IN STATE REGISTER] may continue to operate or construct lateral expansions under previous Department approvals.
6.4.2.1.8 The leachate collection system must be designed and operated to prevent the leachate head on the liner from exceeding a depth of 12 inches.
6.4.2.2.1 The leachate collection system shall be installed immediately above an impermeable liner and at the bottom of a drainage layer. The drainage layer shall be at least 12 inches thick with a hydraulic conductivity not less than 1x10-2 cm/sec and a minimum post-loading controlling slope of two (2) percent. Alternate materials may be used for the drainage layer, with prior written approval of the Department.
6.4.3 Leachate treatment and disposal. The permittee must maintain all necessary permits and approvals for leachate storage and discharge activities.
6.4.3.1.1 Complete treatment onsite on-site with or without direct discharge to surface water water;
6.4.3.1.2 Pretreatment onsite on-site with discharge to an offsite off-site treatment works for final treatment treatment;
6.4.3.1.3 Storage onsite on-site with discharge to an offsite off-site treatment works for complete treatment treatment;
6.4.3.1.4 Direct discharge to an offsite off-site treatment works works; or
The permittee must maintain all necessary permits and approvals for leachate storage and discharge activities.
6.4.3.2.4 The storage tank area shall be surrounded by a berm, and the bermed Secondary containment shall be required for all leachate storage tanks and the outer containment wall shall be compatible with, and capable of containing, the leachate stored. If not roofed or otherwise protected from the accumulation of precipitation, the secondary containment area shall have a capacity at least ten percent greater than the capacity of the tank, and shall be equipped with a manually-controlled pump, or gravity drain, to remove precipitation. A double-walled leachate storage tank may be used to fulfill the requirements for secondary containment if the tank is installed with over-fill prevention and leak detection devices that are continuously monitored.
6.4.3.3 Onsite On-site complete treatment or pretreatment facilities shall be designed and constructed in accordance with the following:
6.4.3.3.1 Onsite On-site treatment units shall be designed based on the results of a treatability study, the results of the operations of a pilot plant, or written information documenting the performance of an equivalent leachate treatment system.
6.4.3.3.2 Onsite On-site treatment units shall be designed and constructed by staging of the units to allow for online modification of the treatment system to account for variability of the leachate quality and quantity.
6.4.3.6 Residuals from the onsite on-site treatment and disposal systems shall be sampled and analyzed for hazardous waste characteristics in accordance with Delaware's Regulations Governing Hazardous Waste.
6.4.3.7 Recirculation of leachate may be allowed, subject to approval by the Department, to accelerate decomposition of the waste. Recirculation At new facilities and expansions of existing facilities, recirculation will be allowed only in areas constructed with a composite liner system or a double liner system. The method of recirculation must be approved by the Department in advance and annually so long as the recirculation continues. Records of leachate collected and recirculated must be kept and reported and any resultant problems reported to the Department and remedied as soon as practicable and included in the annual report.
6.5.1.2.2 Prevent and control damage to vegetation, vegetation; and
6.5.1.3 The concentration of landfill gas in facility structures (except gas recovery system components) and at the facility boundary shall not exceed 25% of the lower explosive limit (LEL). The concentration of landfill gas at the facility boundary shall not exceed the LEL.
6.5.3.4 Emissions from active and passive gas control systems may require a permit from the Air Resources Section of the Division of Air and Waste Management Division of Air Quality.
6.6.1 General provision provisions. An owner or operator of an industrial landfill shall design, construct, and maintain a surface water management system to:
6.6.2 Design requirements. An owner or operator of an industrial landfill shall include:
6.6.2.1 6.6.2.2 The surface water management system shall be designed to control, at a minimum, the runoff from the discharge of a 2-hour, 10-year 24-hr, 25-year storm. The system shall be designed to include:
6.6.3 6.6.4 Channeling of runoff
6.6.3.1 6.6.4.1 Runoff from the active cell(s) must be channeled to the leachate treatment and disposal system.
6.6.3.2 6.6.4.3 Runoff from closed cells will be directed to the detention basins or other approved sedimentation control systems.
6.6.4 6.6.5 Discharge from the detention basins shall be in compliance with all applicable federal and state regulations. Discharge. The construction of and discharge from detention basins and other surface water management systems shall be in compliance with all applicable federal and state regulations.
6.6.8 An initial periodic report for all completed surface water management systems shall be prepared and signed by a Professional Engineer registered in Delaware no later than [INSERT DATE 12 MONTHS AFTER PUBLICATION IN STATE REGISTER]. Subsequent periodic reports shall be submitted every five (5) years. Modifications to a surface water management system or part of a surface water management system may require approval from other state or federal agencies. The report shall at a minimum include:
6.7 Ground Water Groundwater Monitoring And Corrective Action
6.7.1 General provision. Owners or operators of all industrial landfill facilities shall maintain and operate a ground water groundwater monitoring program to evaluate facility impact upon ground water groundwater quality.
6.7.2.1 The ground water groundwater monitoring system shall be designed by, constructed under the direction of, and attested to by, a Professional Geologist registered in Delaware.
6.7.2.2 The system shall consist of a sufficient number of wells, installed at appropriate locations and depths, to define the ground water groundwater flow system and shall be developed in accordance with Departmental requirements to yield ground water groundwater samples that are representative of the aquifer water quality, both unaffected by (background), and potentially impacted by, downgradient contaminant leakage from the facility.
6.7.3 Ground water Groundwater sampling
6.7.3.1 The permittee shall submit a ground water groundwater sampling plan to the Department at the time of permit application. The sampling plan submitted at the time of the application, and all revisions to the sampling plan, must be certified by a Professional Engineer or Professional Geologist registered in Delaware, that the modifications do not cause increased risks to human health or the environment. The Department reserves the right to allow a variance to this requirement for modifications deemed minor. The sampling plan must include procedures and techniques for:
6.7.3.2.2 Test methods used to determine the parameters of subsection 6.7.3.2.1 shall be those described in the most current version of "Test Methods for Evaluating Solid Waste, Physical/Chemical Methods", EPA Publication Number SW-846, Third Edition (November 1986), as amended by Updates I (dated July 1992), II (dated September 1994), IIA (dated August 1993), IIB (dated January 1995), III (dated December 1996), and IIIA (dated April 1998), or other tests approved in writing by the Department.
6.7.3.3 The Department may observe, and may request advance notice of, the ground water groundwater sampling conducted by the permittee or his/her designee and may request split samples for analysis.
6.7.3.4 If the Department determines that the ground water groundwater monitoring data indicate that ground water groundwater contamination has occurred, a remedial action program may be required.
6.7.4 6.7.5 Reporting
6.7.4.1 6.7.5.1 All ground water groundwater, leachate, and gas monitoring shall be conducted on a schedule to be determined by the Department and the results submitted within 60 days of sampling. Reports of any statistically significant increases in downgradient wells or violation of performance standards in wells or streams must be reported to the Department within 14 days as noted above.
6.7.4.2 6.7.5.2 An annual hydrogeologic monitoring report will be prepared which and signed by a Professional Geologist registered in Delaware, and shall include:
6.7.4.2.1 6.7.5.2.1 Tabulation of all leachate flow and quality and ground water groundwater quality data from current and preceding years, years;
6.7.4.2.2 6.7.5.2.2 Graphical presentation of leachate flow and quality and ground water groundwater quality data from current and preceding years as required in the operating permit, permit;
6.7.4.2.3 6.7.5.2.3 Maps showing ground water groundwater flow patterns at each time of ground water sampling, groundwater sampling and groundwater monitoring well locations;
6.7.4.2.4 6.7.5.2.4 A discussion of the ground water groundwater monitoring results, and results;
6.7.4.2.5 6.7.5.2.9 Recommendations for future monitoring. any changes in the monitoring program including changes in the number or location of sampling points, sampling frequency, and parameters or procedures; and
6.7.5 6.7.6 Assessment of Corrective Measures
6.7.5.1 6.7.6.1 An assessment (reassessment) of corrective measures by the owner or operator is required (within 90 days) of confirmation of a contaminant release or an exceedance of a performance standard. The owner or operator must perform this assessment which must include:
6.7.5.1.1 6.7.6.1.1 Identification of the nature and extent of the release (which may require construction and sampling of additional wells, analysis for additional constituents including those required for leachate, geophysical surveys surveys, and/or other measures);
6.7.5.1.2 6.7.6.1.2 Reassessment of contaminant fate and potential contaminant receptors (wells and/or receiving streams);
6.7.5.1.3 6.7.6.1.3 Evaluation of feasible corrective measures to:
6.7.5.1.3.1 6.7.6.1.3.1 Prevent exposure to potentially harmful levels of contaminants (exceeding performance standards);
6.7.5.1.3.2 6.7.6.1.3.2 Reduce, minimize minimize, or prevent further contaminant releases; and
6.7.5.1.3.3 6.7.6.1.3.3 Reduce, minimize minimize, or prevent the offsite off-site migration of contaminants.
6.7.5.1.4 6.7.6.1.4 The implementability (and time to implement) and costs of the feasible alternatives; and
6.7.5.1.5 6.7.6.1.5 Recommendations for remedial action.
6.7.5.2 6.7.6.2 The owner or operator must present the results of the corrective measures assessment, including a proposed remedy, (with a schedule for initiation and completion) for public comment at a public meeting.
6.7.6 6.7.7 Selection of Remedy
6.7.6.1 6.7.7.1 Based on the results of the corrective measures assessment and public meeting, the owner/operator will select a remedial action.
6.7.6.2 6.7.7.2 Remedies must:
6.7.6.2.1 6.7.7.2.1 Be protective of human health and the environment;
6.7.6.2.2 6.7.7.2.2 Control source(s) of contaminant releases so as to reduce or eliminate (to the maximum extent practicable) further releases of contaminants that pose a threat to human health or the environment;
6.7.6.2.3 6.7.7.2.3 Comply with the site performance standards at the points of compliance (to the extent feasible); and
6.7.6.2.4 6.7.7.2.5 Comply with standards for the management of wastes.
6.7.6.3 6.7.7.3 The Department may determine that remediation of a contaminant release is not necessary if the permittee can demonstrate to the satisfaction of the Department (or the Department certifies that it is satisfied) that the ground water groundwater is not currently or reasonably expected to be a source of drinking water, will not migrate so as to threaten a source of drinking water water, or will not cause violation of surface water quality standards (i.e. does not represent a significant threat to human health or the environment).
6.7.7 6.7.8 Implementation of Corrective Action
6.7.7.1 6.7.8.1 Within 90 days of selecting a remedy under subsection 6.7.7, the owner or operator must initiate remedial activities. Based on the schedule established under subsection 6.7.5.2. 6.7.6.2 for initiation and remediation of remedial activities, the owner or operator must:
6.7.7.1.1 6.7.8.1.1 Implement the corrective action remedy;
6.7.7.1.2 6.7.8.1.2 Take any interim measures necessary to ensure protection of human health and the environment (such as replacement of contaminated or imminently threatened water supplies); and
6.7.7.1.3 6.7.8.1.3 Perform ground water groundwater and/or surface water monitoring to demonstrate the effectiveness of the remedy including whether or not compliance is achieved with the performance standards.
6.7.7.2 6.7.8.2 If the owner or operator determines, based on information obtained after implementation of the remedy has begun or other information information, that compliance with remediation objectives (including achievement of performance standards) cannot be practically achieved with the remedy selected, the owner or operator must notify the Department and request authorization to proceed with another feasible method consistent with the overall objective of the remedy.
6.7.7.3 6.7.8.3 If the permittee determines that compliance with remedial action objectives (subsection 6.7.7 6.7.8) cannot be practically achieved, the permittee must notify the Department and implement alternate methods to control exposure of humans or the environment to residual contamination and implement alternative control measures.
6.7.7.4 6.7.8.4 Remedies selected shall be considered complete when:
6.7.7.4.1 6.7.8.4.1 All actions required to implement the remedy have been achieved; and
6.7.7.4.2 6.7.8.4.2 The ground water groundwater protection standards or alternate requirements agreed upon have been achieved for a period of three years or alternate period approved by the Department.
6.7.7.5 6.7.8.5 Upon completion of the remedy, the owner or operator must notify the Department that a certification of the remedy has been completed in compliance with the requirement and placed in the operating records. This certification must be signed by a Professional Geologist registered in Delaware.
6.7.7.6 6.7.8.6 Upon completion of the remedy, the owner or operator will continue ground water groundwater monitoring as required by provisions of subsection 6.7.3 and approved by the Department.
6.8.1.1 Upon closure of the landfill or landfill cell cell, the permittee shall install a capping system that will control the emission of gas (if applicable), promote the establishment of vegetative cover, and minimize infiltration and percolation of water into, and prevent erosion of, the waste throughout the postclosure post-closure care period.
6.8.2 Composition of the capping system. The capping system shall consist of at least the following components:
6.8.2.2.2 24 inches of clay at a hydraulic conductivity of less than 1 x 10-7 cm/sec or depth of equivalent material having a hydraulic conductivity less than 1 x 10-7 cm/sec, such depth to be determined based on the hydraulic conductivity of 24 inches of clay at a hydraulic conductivity of 1 x 10-7 cm/sec.
6.8.2.2.3 Alternative materials may be used for the impermeable layer with prior written approval of the Department.
6.8.2.3 Final cover. The permittee shall propose a suitable vegetation dependent upon the quality and characteristics of the topsoil and compatible with the intended final use of the facility. Maintenance schedules and application rates for fertilizer and mulch shall also be submitted for approval. A final cover to provide plant rooting and prevent erosion consisting of:
The permittee shall propose a suitable vegetation dependent upon the quality and characteristics of the topsoil and compatible with the intended final use of the facility. Maintenance schedules and application rates for fertilizer and mulch shall also be submitted for approval.
6.9.1 General provisions
6.9.1.1 6.9.1.2 Industrial landfills shall be operated so as to create an aesthetically desirable environment and to preclude degradation of land, air, surface water, or ground water groundwater.
6.9.1.2 6.9.1.3 Industrial landfills shall be maintained and operated to conform with the approved Plan of Operation.
6.9.2.2 Cover. Approved cover material shall be applied at a frequency and thickness specified by the Department.
6.9.2.3.2 Litter: The scattering of refuse and wind-blown litter shall be controlled by the use of portable fences, natural barriers, or other suitable methods. No refuse or litter shall be allowed to migrate off site.
6.9.3.2.3 6.9.2.3.3 Dust, fires: The landfill shall be operated in a manner which eliminates, to the extent possible, dust problems and fires. Industrial Landfills must develop and implement a dust control plan in accordance with the Solid Waste permit.
6.9.2.4 Access. Access to the site shall be limited to those persons authorized to use the site for the disposal of solid waste and to those hours when an attendant is on duty. This section shall not be construed to limit right of entry pursuant to 7 Del.C. 6024. Access to the site by unauthorized persons shall be prevented by the use of barriers, fences and gates, or other suitable means.
6.9.2.5 Salvaging. Salvaging operations shall be so organized that they will not interfere with the proper disposal of any solid waste. No salvage operation shall be allowed which creates unsightliness, nuisances, health hazards, or potential safety hazards.
6.9.2.7 Equipment. Adequate numbers and types of equipment commensurate with the size of the operation shall be available at the site to insure ensure operation of the landfill in accordance with the provisions of these regulations and the plan of operation. Waste handling equipment shall be cleaned routinely and maintained in accordance with the manufacturer's recommendations.
6.9.2.9 Weekly Inspections. No later than [INSERT DATE 30 DAYS AFTER PUBLICATION IN THE STATE REGISTER], weekly inspections shall be conducted by a Qualified Person at intervals not to exceed seven (7) days. At a minimum, inspections shall include observations for any appearance of actual or potential structural weakness and other conditions that can disrupt the operation or safety of the industrial waste landfill. Results of the weekly inspections shall be maintained per subsection 6.9.3. If the operator cannot comply with conducting an inspection within a particular week, the Department shall be notified as to the reason for missing the weekly inspection BEFORE the end of that week. Additionally, the missed weekly inspection shall, nonetheless, be conducted at the earliest possible time the following week. This "post" weekly inspection will not count as that week's inspection.
6.9.3 Recordkeeping. Records must be made available for inspection, with reasonable notice, by representatives of the Department. The following information must be recorded, as it becomes available, and retained by the owner or operator of at their facility in a format acceptable to the Department and Permittee, for any new or existing industrial landfill until the end of the postclosure post-closure care period of the landfill: landfill.
6.9.3.1 Records demonstrating that liners, leachate control systems, cover, gas control systems, capping system, surface water management systems, and all monitoring systems are constructed or installed in accordance with the design criteria required in Section 6, Subsections 3,4,5,6,7 and 8, subsections 6.3 through 6.8.
6.9.3.2 Monitoring, testing, or analytical data where required by Section 6, Subsections 4,5,6,7, and 8, subsections 6.4 through 6.8.
6.9.3.4 6.9.3.5 Any additional records specified by the Department.
6.9.4 Reporting. The permittee shall submit to the Department on an annual basis a report summarizing facility operations for the preceding calendar year. The report shall describe and summarize all solid waste disposal, environmental monitoring, and construction activities conducted within the year covered by the report. The report shall be prepared under the direction of and signed by the Facility Manager. In addition to paper copies of reports, the Department may require documents to be submitted on machine-readable media in a format mutually acceptable to the Department and the permittee. With approval of the Department, reports submitted on machine-readable media may be submitted in lieu of paper reports. The report shall include, but not necessarily be limited to, the following:
6.9.4.2 6.9.4.3 The estimated remaining capacity of the facility, in both tonnage and years, years;
6.9.4.3 6.9.4.4 Leachate quantity and quality data as required in subsection 6.4.4, and in the Solid Waste permit, permit;
6.9.4.4 6.9.4.5 Gas monitoring data as required in subsection 6.5.3, and in the Solid Waste permit, permit;
6.9.4.5 6.9.4.6 An updated estimate of the cost of closure and postclosure post-closure care for the facility, as required in subsection 6.10.3.4, 6.10.3.5;
6.9.4.6 6.9.4.7 Any intentional or accidental deviations from the approved Plan of Operation, and any unusual situations encountered during the year, year;
6.9.4.7 6.9.4.8 All construction or corrective work conducted on the site in accordance with approved plans or to achieve compliance with these regulations. regulations; and The permittee must also submit any additional reports specified in the Solid Waste permit. In addition to paper copies of reports, the Department may require all or part of any required report to be submitted on machine-readable media in a format mutually acceptable to the Department and the permittee. With approval of the Department, reports submitted on machine-readable media may be substituted for paper reports.
6.10.1 General provisions. The owner or operator of an industrial landfill must close the completed landfill or landfill cell in a manner that:
6.10.1.2 Minimizes the postclosure post-closure escape of solid waste constituents, leachate, and landfill gases to the surface water, ground water groundwater, or atmosphere.
The closure plan for an industrial landfill or cell must include, as a minimum, the following:
6.10.3 Closure plan contents. The closure plan must be certified by a Professional Engineer registered in Delaware. The closure plan for an industrial landfill or cell must include, at a minimum, the following:
6.10.3.2 A description of the capping system required under Section subsection 6.8. This shall include a description of the system design, the type of cover to be used, and a discussion of how the capping system will achieve the objectives of Section subsection 6.10.1.
6.10.3.4 6.10.3.5 An estimate of the cost of closing the facility or cell and of the cost of postclosure post-closure monitoring and maintenance throughout the postclosure post-closure care period. These estimates shall be updated yearly and submitted to the Department as part of the annual report described in Section subsection 6.9.4.
6.10.3.5 6.10.3.6 A plan for postclosure post-closure care of the facility sufficient to ensure that the standards described in Section subsection 6.10.1 will be met. This will include:
6.10.3.5.1 6.10.3.6.1 A description of the monitoring and maintenance activities required and the frequency at which these activities will be performed.
6.10.3.5.2 6.10.3.6.2 The name, address, and telephone number, and email address of the person or office to contact about the facility during the postclosure post-closure period.
6.10.3.5.3 6.10.3.6.3 A description of the planned uses of the property during the postclosure post-closure period.
6.10.3.6 6.10.3.7 A plan for control and/or recovery of landfill gases, if appropriate.
6.10.3.7 6.10.3.8 A topographical map of the site showing the proposed post-closure elevation with reference to mean sea level.
6.10.3.8 6.10.3.9 A closure construction quality assurance plan.
6.10.4.5 Upon closure of an entire landfill, all nonlandfilled non-landfilled wastes located on site shall be removed or disposed of in a manner approved by the Department.
6.10.4.7 When Within 30 days of completion of closure of the landfill or a landfill cell is completed, the owner or operator shall submit a final report for the Department’s approval, unless the Department approves a longer period of time. The final report shall certify that the closure of the landfill or cell was completed in accordance with the closure plan to include the construction quality assurance plan, construction and material specifications, and design drawings. The final report shall be certified correct by the construction quality assurance engineer, who must be a Professional Engineer registered in Delaware. The landfill or cell will not be considered closed until the Department has provided its written notification that the closure construction and the final report meet the requirements of the solid waste permit and these regulations. The Department will inspect the cell or facility and will either:
6.11.5.1 The owner of the property on which an industrial landfill is located must record an environmental covenant, per Delaware Code Title 7, Chapter 79, Subchapter II, with the deed to the facility property that will in perpetuity notify any potential purchaser of the property:
9.4.2.3.2 Air Pollution: The operation of the facility shall comply with 7 Del.C. Ch. 60, and with the Regulations Governing the Control of Air Pollution.
10.5.2.3.3 Air Pollution. The operation of the transfer station shall comply with 7 Del.C. Ch. 60 and the Regulations Governing the Control of Air Pollution.
10.6.2.2.3 approved in writing an updated closure plan and closure schedule
For additional information on the public notice procedure see section 4.1.2 of these regulations.
"6-log Reduction" means a 6 decade reduction or a millionth (.000001) survival probability in a microbial population, i.e., a 99.9999% reduction.
"ATCC" means American Type Culture Collection.
"Autoclave Tape" means tape that demonstrates an evidentiary visible physical change when subjected to temperatures that will provide evidence of sterilization of materials during treatment in an autoclave or similar device.
"CFU" means colony-forming unit.
"Challenge Loads" means an infectious waste load that has been constructed by composition (i.e., organic content, moisture content, or other physical or chemical composition).
"Class 4 Etiologic Agent" means a pathogenic agent that is extremely hazardous to laboratory personnel or that may cause serious epidemic disease. Class 4 etiologic agents (now defined as Infectious Substance, Category A affecting humans of Infectious Substance, Category A affecting animals only) include the following viral agents and microbiological cultured materials:
"Container" means any portable enclosure in which a material is stored, managed or transported.
"Contamination" means the degradation of naturally occurring water, air or soil quality either directly or indirectly as a result of the transfer of diseased organisms, blood or other matter that may contain disease organisms from one material or object to another.
"Etiologic Agents": means a viable microorganism, or its toxin, which causes or may cause disease in humans or animals, and includes any agent that causes or may cause severe, disabling, or fatal disease. The terms infectious substance and etiologic agent are synonymous.
"Generator" means any person whose act or process produces infectious waste as defined in these regulations, or whose act first causes an infectious waste to become subject to regulation. The universe of infectious waste generators includes, but is not limited to, hospitals, physicians’ offices, dental offices, veterinary practices, funeral homes, research or medical laboratories, and nursing homes.
"Incinerator" means any enclosed device used to destroy waste material by using controlled flame combustion.
"Indicator Microorganism Spores" means those microorganism spores listed in Appendix A, Table B of Section 11, Part 1.
"Infectious Substance" (formerly called "ETIOLOGIC AGENTS") means a viable microorganism, or its toxin, which causes or may cause disease in humans or animals, and includes any agent that causes or may cause severe, disabling, or fatal disease. The terms infectious substance and etiologic agent are synonymous.
"Infectious Waste" means those solid wastes which may cause human disease and may reasonably be suspected of harboring human pathogenic organisms, or may pose a substantial present or potential hazard to human health or the environment when improperly treated, stored, transported, disposed of or otherwise managed. Types of solid wastes designated as infectious include but are not necessarily limited to the following:
Biological wastes:
Biological liquid wastes means blood and blood products, excretions, exudates, secretions, suctionings and other body fluids including liquid wastes from renal dialysis.
Pathological wastes means all human tissues and anatomical remains, including human fetal remains, which emanate from surgery, obstetrical procedures, autopsy, and laboratory procedures.
Cultures and stocks of etiologic agents and associated biological wastes means, but is not limited to, specimen cultures, cultures and stocks of infectious substances, and wastes from production of biologicals and serums. Cultures are the result of a process by which pathogens are intentionally propagated.
Laboratory wastes means those wastes which have come in contact with pathogenic organisms or blood or body fluids. Such wastes include, but are not limited to, disposable materials, culture dishes, devices used to transfer, inoculate and mix cultures, paper and cloth which has come in contact with specimens or cultures which have not been sterilized or rendered noninfectious; or laboratory wastes, including cultures of infectious substances, which pose a substantial threat to health due to their volume and virulence.
Animal tissue, bedding and other waste from animals known or suspected to be infected with a pathogen which also causes human disease, provided that prevailing evidence indicates that such tissue, bedding or other waste may act as a vehicle of transmission to humans.
Human dialysis waste materials including blood lines and dialysate membranes.
Sharps means any discarded article that may cause puncture or cuts. Such wastes include, but are not limited to, needles, intravenous (IV) tubing with needles attached, scalpel blades, glassware and syringes that have been removed from their original sterile containers. For the purpose of these regulations, only sharps from human or animal health care facilities, human or animal research facilities or human or animal pharmaceutical manufacturing facilities shall be regulated as sharps.
Discarded Biologicals means serums and vaccines produced by pharmaceutical companies for human or veterinary use. These products may be discarded because of a bad manufacturing lot (i.e., offspecification material that does not pass quality control or that is recalled), outdating or removal of the product from the market or other reasons. Because of the possible presence of infectious substances in these products, the discarded material constitutes infectious waste.
Isolation Wastes means discarded materials contaminated with blood, excretions, exudates and/or secretions from humans who are isolated to protect others from highly communicable diseases (those diseases identified as caused by Class 4 etiologic agents).
Other infectious wastes means any residue or contaminated soil, water, or other debris resulting from the cleanup of a spill of any infectious waste.
"Large Incinerator" means an incinerator which has a capacity of greater than 1000 pounds per hour.
“Large Quantity Generator means generators of infectious waste who generate 50 pounds or more of infectious waste per month.
"Log Kill" (L) means the difference between the logarithms of viable test microorganisms or indicator microorganism spores before and after treatment.
"Manifest" means a tracking document designed to record the movement of solid waste from the generator through its trip with a transporter to an approved off-site treatment or disposal facility.
"Noninfectious" means a state in which potentially harmful microorganisms are absent, free of pathogens.
"Red Bag" means an impermeable, 3-mil polyethylene bag or equivalent, red in color, for the collection, storage, and transport of infectious or regulated medical waste, which meets the following minimum performance requirements:
Dart Impact, F50: 100 grams minimum.
"Regulated Medical Waste" means "infectious waste".
"Shipment" means that waste which is conveyed by a transporter between a generator and a designated facility or a subsequent transporter.
"Small Incinerator" means an incinerator which has a capacity equal to or less than 1000 pounds per hour.
"Small Quantity Generator" means generators of infectious waste who generate less than 50 pounds of infectious waste per month.
"Storage Area" means an area designated for the holding of waste for a temporary period, at the end of which time the waste is treated, disposed of, or stored elsewhere.
"Test Microorganisms" means those microorganisms listed in Appendix A, Table B of Section 11, Part 1.
11.8.4 All infectious substances that are transported must be packaged as described in the most current edition of 49 CFR 173, even when that transport is wholly within the boundaries of the State.
11.11.2 All pathological waste must be incinerated, cremated or interred in accordance with 24 Del.C. Ch. 31. Other disposal methods are not acceptable for this type of waste. This requirement does not prohibit the disposal of certain specified wastes in a permitted wastewater treatment system (see Section 11.4.11 of this part).
11.13.3.3.1 Passing the Initial Efficacy Test by using option 1, 2 or 3 of appendix A of this part (whichever is applicable). The three challenge loads described in Appendix A, Table C, do not need to be used. The test microorganism or indicator micro-organisms must be placed in a representative load in accordance with Subsection 11, Part 1, 11.13.2.5.1. For example, an autoclave may use option 3 (e.g., demonstrate at a minimum the destruction of one million Bacillus stearothermophilus spores) to meet the Periodic Verification Test requirement. In the case of an incinerator a stainless steel pipe with threaded ends and removable caps lined with ceramic insulation may be used to contain a glass culture vial with a Bacillus subtilis spores strip. The pipe with the spore strips may be placed in the load of infectious waste for the Periodic Verification Test. After the treatment, the pipe with the spore strips may be recovered and the spores may be cultured to assess whether, at a minimum, one million spores have been destroyed to meet the Periodic Verification Test(s) requirement.
11.14.3.2 As required in 7 Del.C. Ch. 60, the Department is to be notified immediately of all spills.
SA = Log N0A - LogN1A: where Log N1A >6
N0A is the number of viable test microorganisms (CFU/gram of waste solids) introduced into the treatment unit for challenge load Type A.
(1.) Using the inoculum size (N0A) determined in Phase 1 above, repeat Phase 1 steps (1) through (5) under the same operating parameters, except that the physical and/or chemical agents designed to kill the test microorganisms must be used.
LA = Log N0A - SA - Log N2A >6
N0A is the number of viable test microorganisms (CFU/gram of waste solids) introduced into the treatment unit as the inoculum for challenge load Type A as determined in Phase 1 above.
LA = Log N0 - Log N2A >6
N0 is the number of viable test microorganisms (CFU/gram of waste solids) introduced into the treatment unit as the inoculum.
LA = Log N0 - Log N2A >6
N0 is the number of viable indicator microorganisms (CFU/gram of waste solids) introduced into the treatment unit as the inoculum.
<5
>50
>70
TA = Log N0 - Log N2A >3
N0 is the number of viable indicator microorganism spores (CFU/gram of waste solids) introduced into the treatment unit as the inoculum (>6).
11.1.2 CCR units that have completed closure in accordance with DRGSW prior to [INSERT DATE 21 DAYS AFTER PUBLICATION IN STATE REGISTER] must comply with Section 6.0.
11.1.3 Inactive solid waste units containing CCR must complete closure in accordance with DRGSW by [INSERT DATE 24 MONTHS AFTER PUBLICATION IN STATE REGISTER]. For the purpose of this section, an inactive unit is defined as a solid waste unit that has not received CCR or is no longer removing CCR for the purpose of beneficial use since [INSERT DATE 24 MONTHS BEFORE PUBLICATION IN STATE REGISTER] and has not initiated or completed closure in accordance with DRGSW regulations. The Department reserves the right to allow a variance to this closure requirement.
Last Updated: December 31 1969 19:00:00.
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