515.pdf

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Codification through the 2023 Legislative session 
Subchapter 23 
Board adoption February 17, 2023 
Approved by SJR 22 on May 31, 2023 Effective date 
September 15, 2023 
 
TITLE 252. DEPARTMENT OF ENVIRONMENTAL QUALITY 
CHAPTER 515. MANAGEMENT OF SOLID WASTE 
 
Subchapter  Section 
1.   General Provisions   252:515-1-1 
3.  Permit Provisions and Applications   252:515-3-1 
5.   Location Restrictions   252:515-5-1 
7.  Subsurface Investigation   252:515-7-1 
9.  Groundwater Monitoring/Corrective Action   252:515-9-1 
11. Liner Design   252:515-11-1 
13. Leachate Collection and Management   252:515-13-1 
15. Methane Gas Monitoring and Control   252:515-15-1 
17. Stormwater Management   252:515-17-1 
19. Operational Requirements   252:515-19-1 
21. Used Tire Processing, Certification, Permits and Compensation   252:515-21-1 
23. Regulated Medical Waste Management   252:515-23-1 
25. Closure and Post-closure Care   252:515-25-1 
27. Cost Estimates and Financial Assurance   252:515-27-1 
29. Exclusion of Prohibited Wastes   252:515-29-1 
31. NHIW Management   252:515-31-1 
33. Waste Collection and Transportation   252:515-33-1 
35. Oklahoma Recycling Initiative   252:515-35-1 
37. Landfill Gas Incentive Payments   252:515-37-1 
39. Oklahoma E-Waste Recycling   252:515-39-1 
41. Roofing Material Recycling   252:515-41-1 
43.  Composting Facilities   252:515-43-1 
 
Appendix A.  Constituents for Detection Monitoring 
Appendix B.  Uppermost Aquifer Protective Values 
Appendix C.  List of Hazardous Inorganic and Organic Constituents 
Appendix D.  Borings in Drilling Plan 
Appendix E.  Borehole Depth Calculation Table 
Appendix F.  NHIW Wastestreams 
Appendix G.  NHIW Certification Form 
Appendix H.  Procedure for Calculating Closure Cost Estimates for Financial Assurance 
Appendix I.  Procedure for Calculating Post-closure Cost Estimates for Financial Assurance 

SUBCHAPTER 1. GENERAL PROVISIONS

Section

252:515-1-1. Authority and applicability

252:515-1-2. Definitions

252:515-1-3. Terms not defined by Act or rule

252:515-1-4. Test methods and map scales

252:515-1-5. Consideration of other laws

252:515-1-6. Severability

252:515-1-7. Beneficial reuse

252:515-1-8. Special considerations

252:515-1-1. Authority and applicability

(a)

Authority. This Chapter implements the Oklahoma Solid Waste Management Act, 27A O.S.

§ 2-10-101 et seq., and the Oklahoma Waste Tire Recycling Act, 27A O.S. § 2-11-401 et seq., and

was adopted under their authority and the authority of the Oklahoma Environmental Quality Code,

27A O.S. § 2-1-101 et seq.

(b)

Applicability. This Chapter applies to:

any person who owns, operates, or proposes to own and/or operate any type of solid waste disposal

facility identified in OAC 252:515-3-1(a) and (b);

(1)

any person who generates, collects, transports, processes, and/or disposes of solid waste

and/or waste tires, unless otherwise exempt;

(2)

incorporated cities and towns in Oklahoma providing solid waste collection and

transportation services within the corporate city or town limits;

(3)

governmental entities located in the state of Oklahoma desiring to seek reimbursement

under the Oklahoma Recycling Initiative; and

(4)

any person, firm or corporation located in Oklahoma desiring to apply for incentive

payments for projects that generate energy by utilizing solid waste landfill methane gas.

252:515-1-2. Definitions

The following words or terms, when used in this Chapter, shall have the following meaning,

unless the context clearly indicates otherwise. Any term not defined in this Chapter shall be defined

as set forth in OAC 252:515-1-3.

"Active" means, when used to describe a solid waste disposal facility or a portion thereof (e.g.,

active MSWLF or active cell), any solid waste disposal facility, or portion thereof, accepting solid

waste as of the effective date of this Chapter, regardless of whether such facility has obtained a solid

waste permit from DEQ.

"Active life" means the period of operation beginning with the initial receipt of solid waste and

ending at completion of closure activities.

"Active portion" means:

(A)

that part of a land disposal facility that has or is receiving waste and that has not

received either intermediate or final cover; or

(B)

solid waste process and storage areas at non-land disposal facilities.

"Airport" means a public-use airport open to the public without prior permission, and without

restrictions within the physical capacities of available facilities.

"Applicant" means any person who applies for a new permit or a modification to an existing

permit for a solid waste disposal facility identified in OAC 252:515-3-1(a) and (b).

"Aquifer" means geological formation, group of formations, or portion of a formation

capable of yielding significant quantities of groundwater to wells or springs.

"Areas susceptible to mass movement" means those areas of influence (i.e., areas

characterized as having an active or substantial possibility of mass movement) where the

movement of earth material at, beneath, or adjacent to the land disposal facility, because of natural

or man-induced events, results in the downslope transport of soil and rock material by means of

gravitational influence. Such areas include, but are not limited to, landslides, avalanches, debris

slides and flows, soil fluction, block sliding, and rock fall.

"ASTM" means the American Society for Testing and Materials.

"Bird hazard" means an increase in the likelihood of bird/aircraft collisions that may cause

damage to the aircraft or injury to its occupants.

"Buffer zone" means a designated waste-free area within the permit boundary of a disposal

facility, to separate waste handling, processing, and/or disposal activities from adjacent areas.

"Citizen collection station" means a designated location that is established or sponsored by a

governmental entity and equipped with waste receptacles for exclusive, non-commercial use by

individual residents to deposit their own household waste for collection and transportation to a

permitted disposal site.

"CLIMOCS" means the following publication of the Oklahoma Climatological Survey:

Shafer, Mark A., CLIMOCS: A Climatological Summary of 168 Oklahoma Cooperative Stations,

Oklahoma Climatological Survey, February 1993, 184 pp.

"Composite liner" means a system installed at a land disposal facility composed of a

recompacted clay liner overlain with a flexible membrane liner.

"C&D landfill" means a construction/demolition landfill.

"Composting facility" means a facility in which material is converted, under thermophilic

conditions, to a product with a high humus content for use as a soil amendment or to prevent or

remediate pollutants in soil, air, and stormwater run-off.

"Construction/demolition waste" means waste composed of the following:

(A)

asbestos-free waste from construction and/or demolition projects that may include such

materials as metal, concrete, brick, asphalt, glass, roofing materials, limited amounts of

packing materials, sheetrock, or lumber;

(B)

wood waste that may include such materials as yard waste, lumber, woodchips, wood

shavings, sawdust, plywood, tree limbs, or tree stumps;

(C)

yard waste that may include such materials as grass clippings, tree limbs, tree stumps,

shrubbery, flowers, or other vegetative matter resulting from land clearing or landscaping

operations; or

(D)

residential lead-based paint waste.

"Contaminated stormwater" means:

(A)

water such as leachate and gas collection condensate, or stormwater that has come into

direct contact with solid waste or waste handling and/or treatment areas;

(B)

stormwater discharged from areas of a land disposal facility with less than six inches of

waste-free, compacted earthen material; or

(C)

wastewater resulting from washing vehicles or areas that are or have been in direct

contact with solid waste.

"DEQ" means the Oklahoma Department of Environmental Quality.

"Disease vector" means rodents, flies, mosquitoes, or other animals, including insects, capable

of transmitting disease to humans.

"Displacement" means the relative movement of any two sides of a fault measured in any

direction.

"Disposal" means the final disposition of waste and shall be taken to include any discharge,

deposit, injection, dumping, spilling, leaking, or placing of waste into or on the land or water so that

the waste or any constituent thereof may enter the environment, including the air and any surface

waters or ground waters.

"Disposal area" means that part of a land disposal facility where waste is disposed.

"Disposal facility" means disposal site as defined at 27A O.S. § 2-10-103.

"Engineer" means a licensed, professional engineer.

"EPA" means the United States Environmental Protection Agency.

"Existing" means, when used to describe a solid waste disposal facility or portion thereof (e.g.

existing MSWLF or existing cell), any solid waste disposal facility, or portion thereof, that had a

solid waste permit as of the effective date of this Chapter.

"Facility" means all contiguous land and structures, other appurtenances, and improvements

on the land used for the handling, processing, storage, and/or disposal of solid waste.

"Fault" means a fracture or a zone of fractures in any material along which strata on one side

have been displaced with respect to that on the other side.

"Final closure" means a disposal facility has permanently ceased to accept solid waste for

disposal and all required closure activities have been completed for the entire facility in accordance

with the approved closure plan. Final closure is not synonymous with phased closure.

"Flood" means the general and temporary condition of partial or complete inundation of

normally dry land areas from the overflow of a lake, stream, river or other body of surface water, or

the unusual and rapid accumulation or runoff of surface waters from any source.

"Flood, One hundred year (100 year)" means a flood that has a one percent or greater chance

of occurrence in any given one year period, or of a magnitude equaled or exceeded once in 100 years

on the average over a significantly long period.

"Flood plain" means the lowland and relatively flat areas adjoining inland waters that are

inundated by the 100-year flood.

"Gas condensate" means the liquid generated as a result of gas recovery processes.

"Generator" means, in the context of NHIW, any person, by site, whose act or process

produces NHIW, or whose act first causes an NHIW to become subject to regulation.

"Groundwater" means water below the land surface in a zone of saturation.

"Hazardous waste" means those wastes subject to regulation under OAC 252:205.

"HBV" means hepatitis B virus.

"HIV" means human immunodeficiency virus.

"Holocene" means the most recent epoch of the Quaternary period, extending from the end of

the Pleistocene Epoch to the present.

"Household hazardous waste" means household waste that is corrosive, toxic, ignitable, or

reactive, including, but not limited to: freon-containing appliances or tanks; non-empty propane

tanks; oil, antifreeze, and other motor vehicle fluids; gasoline, kerosene, or diesel fuel; liquid paints;

solvents; pesticides, herbicides, fungicides, or rodenticides; caustic cleaners; lead-acid batteries;

swimming pool chemicals; unused firearm rounds; and acids and bases.

"Household waste" means any solid waste (including garbage, trash, and sanitary waste in

septic tanks) derived from households (including single and multiple residences, hotels and motels,

bunkhouses, ranger stations, crew quarters, campgrounds, picnic grounds, and day-use recreation

areas).

"Injection well" means a facility subject to regulation by OAC 252:652, Underground

Injection Control.

"Karst terrains" means areas where karst topography, with its characteristic surface and

subterranean features, is developed as the result of dissolution of limestone, dolomite, or other

soluble rock. Characteristic features of karst terrains include, but are not limited to, sinkholes,

sinking streams, caves, large springs, and blind valleys.

"Land disposal facility" means a landfill, or any other discrete area of land or land excavation,

where solid waste is placed for treatment, processing, and/or disposal. Land disposal facility does

not include:

(A)

land application where solid waste is placed onto, or incorporated into, the soil

as a soil amendment, fertilizer, or other legitimate agricultural purpose;

(B)

a surface impoundment that is either permitted by DEQ's Water Quality

Division or is a part of an approved liquid waste management system at a permitted solid

waste disposal facility;

(C)

composting facilities;

(D)

an injection well;

(E)

a solid waste transfer station;

(F)

a Used Tire Recycling Facility; or

(G)

a Roofing Material Recycling Facility

"Landfill" means a discrete area of land or a land excavation in which solid waste is placed for

permanent disposal.

"Large NHIW generator" means any business, by site, that generates over 10,000 tons of

NHIW in Oklahoma during a calendar year. This definition does not include facilities that are

permitted to receive and process solid waste generated by others.

"Leachate" means liquid that has passed through or emerged from solid waste and contains

soluble, suspended, or miscible materials removed from such waste. This includes:

(A)

fluid collected in a leachate collection system, including its sumps, surface

impoundments, tanks, or other similar locations;

(B)

fluid collected on top of the bottom liner of a disposal cell that has received solid

waste; and

(C)

leachate seeps from disposal cells that have received solid waste.

"Liquid waste" means any waste that is determined to contain "free liquids" as defined by the

PFLT.

"Lithified earth material" means all rock, including all naturally occurring and naturally

formed aggregates or masses of minerals or small particles of older rock that formed by

crystallization of magma or by induration of loose sediments. This term does not include man-made

materials, such as fill, concrete, and asphalt, or unconsolidated earth materials, soil, or regolith lying

at or near the earth surface.

"Litter fence" means an easily portable fence to be located adjacent to the working face to assist

with control of blowing material.

"Lower explosive limit" means the lowest percent by volume of a mixture of explosive gases

that will propagate flame in air at 2

5°C and atmospheric pressure.

"Maximum horizontal acceleration" means the maximum expected horizontal acceleration

of lithified earth material, depicted on a seismic hazard map, with a 90 percent or greater probability

that the acceleration will not be exceeded in 250 years, or the maximum expected horizontal

acceleration based on a site-specific seismic risk assessment.

"MSWLF" means Municipal Solid Waste Landfill; a publicly or privately owned landfill that

is or has received household waste. A MSWLF may also receive other types of non-hazardous solid

wastes, such as nonhazardous sludge, NHIW, special waste, and construction/demolition waste.

"Natural disaster" means a natural occurrence or event (such as a tornado, flood, or forest or

prairie fire) of such magnitude that the resultant damage and destruction produce quantities of

wastes that overtax available solid waste management systems.

"NHIW" means non-hazardous industrial solid waste, as defined at 27A O.S. § 2-10-103.

Examples of NHIW are listed in Appendix F of this Chapter.

"Non-contaminated stormwater" means:

(A)

stormwater that has not come into direct contact with solid waste, waste

handling and/or treatment areas;

(B)

stormwater discharging from areas of a land disposal facility that has at least six

inches of waste-free, compacted earthen material; and

(C)

wastewater resulting from washing vehicles or areas that have not been in direct

contact with solid waste.

"Oklahoma Uniform Environmental Permitting Act" means 27AO.S.§ 2-14-101 et seq. and

the rules adopted thereunder at OAC 252:4 ("Rules of Practice and Procedure").

"Open burning" means the combustion of solid waste without:

(A)

control of combustion air to maintain adequate temperature for efficient combustion;

(B)

containment of the combustion reaction in an enclosed device to provide sufficient

residence time and mixing for complete combustion; and

(C)

control of the emission of the combustion products.

"Operating record" means all of the collective records of the facility relating to the site. Such

records include, but are not limited to: the permit, modifications, and approvals; records concerning

waste received; any sampling or analyses performed by the facility; closure, post-closure and

corrective action plans; financial assurance records; inspection and compliance evaluation

correspondence; reports; and scale tickets and related fee payment documentation.

"Owner/operator" means the person who owns a solid waste disposal facility and/or is

responsible for the overall operation of a facility or part of a facility.

"OWRB" means the Oklahoma Water Resources Board.

"Permit boundary" means the outermost edge of the area described by legal description in the

owner/operator's permit. The permitted boundary includes the area in the buffer zone.

"PFLT" means Paint Filter Liquids Test, EPA Method 9095.

"Phased closure" means the closing of individual disposal cells at a land disposal facility as

they become full. Phased closure is not synonymous with final closure.

"Piezometer" means a small-diameter well used to make ground water elevation

measurements.

"Point source discharge" means any discharge of water that, when leaving the permit

boundary of a facility, has been channeled or altered by man's activity in working that site.

"Poor foundation conditions" means those areas where features exist which indicate that a

natural or man-induced event may result in inadequate foundation support for the structural

components of a land disposal facility.

"POTW" means Publicly Owned Treatment Works; a wastewater treatment system, as defined

at 27A O.S. § 2-6-101(9), that is owned by a State or municipality for the treatment of municipal or

industrial wastewaters.

"Qualified groundwater scientist" means a scientist or engineer who has received a

baccalaureate or post-graduate degree in the natural sciences or engineering and has sufficient

training and experience in ground water hydrology and related fields as maybe demonstrated by

State registration, professional Certifications, or completion of accredited university programs that

enable that individual to make sound professional judgments regarding groundwater monitoring,

contaminant fate and transport, and corrective action.

"Recharge area" means an area where water is absorbed and added to the zone of saturation.

"Regulated medical waste" means a waste or reusable material that contains an etiologic agent

and is generated in the diagnosis, treatment or immunization of human beings or animals; research

pertaining to the diagnosis, treatment or immunization of human beings or animals; or the

production or testing of biological products. Such waste includes, but is not limited to:

(A)

cultures and stocks of etiologic agents or live vaccines, and culture dishes, devices,

paper, and cloth that has come into contact with such cultures, stocks or live vaccines;

(B)

human blood, blood products, and human body fluids, except urine or feces;

(C)

pathological wastes consisting of human tissues, organs, and body parts removed

during surgery, autopsy, biopsy and other medical procedures;

(D)

untreated sharps;

(E)

used blood collection bags, tubes, and vials;

(F)

contaminated carcasses, body parts and bedding of animals intentionally exposed to

pathogens in research, in the production of biologicals or the "in vivo" testing of

pharmaceuticals;

(G)

items contaminated with blood or other human body fluids which drip freely or would

release such materials in a liquid or semi-liquid state if compressed or are caked with dried

blood or body fluids and are capable of releasing these materials;

(H)

isolation wastes unless determined to be non-infectious by the infection control

committee at the health care facility;

(I)

HIV-containing cell or tissue cultures, organ cultures, and HIV- or HBV-containing

culture medium or other solutions; and blood, organs, or other tissues from experimental

animals infected with HIV or HBV;

(J)

all disposable materials that have come in contact with cytotoxic or antineoplastic agents

during the preparation, handling, and administration of such agents. Such wastes include,

but are not limited to, masks, gloves, gowns, empty IV tubing and bags, vials, and other

contaminated materials; and

(K)

any other material or equipment which, in the determination of the health care facility

staff, infection control committee or other responsible party, presents a significant danger of

infection because it is contaminated with, or may reasonably be expected to be contaminated

with, etiologic agents.

"Residential lead-based paint waste" means lead-based paint debris, chips, dust, sludges, and

other similar wastes generated as a result of abatement, rehabilitation, renovation, or remodeling

activities in individual residences.

"Run-off" means any rainwater, leachate, or other liquid that drains over land from any part of

a facility.

"Run-on" means any rainwater, leachate, or other liquid that drains over land onto any part of

a facility.

"Saturated zone" means that part of the earth's crust in which all voids are filled with water.

"Scavenging" means the uncontrolled, unorganized sorting, collecting, or removing of solid

waste at the disposal site.

"Seismic impact zone" means an area with a ten percent or greater probability that the

maximum horizontal acceleration in lithified earth material, expressed as a percentage of the earth's

gravitational pull (g), will exceed 0.10g in two hundred fifty (250) years;

"Sludge" means the definition found at 27A O.S. § 2-10-401.

"Solid waste" means the definition found at 27A O.S. § 2-10-103.

"Special waste" means those wastes that are not hazardous wastes but because of their nature

or volume, require special or additional handling aside from that given to routine household refuse.

This includes but is not limited to: sludge, septic tank pumpings, grease trap wastes, dead animals,

packing house offal and tankage, waste fats and oils, hatchery wastes, cannery wastes, NHIW, tires,

and asbestos wastes.

"Structural components" mean liners, leachate collection systems, final covers, run-on/run-

off systems, and any other component used in the construction and operation of a land disposal

facility that is necessary for protection of human health and the environment.

"Surface impoundment" means a natural topographic depression, human-made excavation,

or diked area formed primarily of earthen materials (although it may be lined with man-made

materials), that is designed to hold an accumulation of liquid wastes or wastes containing free liquids

and that is not an injection well. Examples of surface impoundments are holding, storage, settling,

and aeration pits, ponds, and lagoons.

"Surface water" means water that stands on the surface of the land in reservoirs, lakes, ponds,

sloughs, or swamps, or that flows across the land in rivers, creeks, or streams.

"SW-846" means EPA Publication SW-846, Test Methods for the Evaluation of Solid Waste

Physical/Chemical Characteristics.

"Tremie pipe" means a device, usually a small-diameter flexible or rigid pipe, that carries filter

pack or bentonite cement from the bottom to the top of a borehole or annular space without forming

void spaces. In some cases, a well casing or hollow stem auger can be considered a tremie pipe.

"Unstable area" means a location that is susceptible to natural or human-induced events or

forces capable of impairing the integrity of some or all of the structural components responsible for

preventing releases from a land disposal facility. Unstable areas can include poor foundation

conditions, areas susceptible to mass movements, and Karst terrains.

"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.

"Used Tire Recycling Facility" means the definition found at 27A O.S. § 2-11-401.1(15).

"Waste pile" means any non-containerized accumulation of solid, non-flowing waste.

"Waters of the state" means the definition found at 27A O.S. §1-1-201(20).

"Wetlands" mean those areas that are inundated or saturated by surface or groundwater at a

frequency and duration sufficient to support, and that under normal circumstances do support, a

prevalence of vegetation typically adapted for life in saturated soil conditions. Wetlands include,

but are not limited to, swamps, marshes, bogs, and similar areas.

"Working face" means the place within a land disposal facility where waste has been deposited

and has not been covered with at least intermediate cover.

"Yard waste composting facility" means a composting facility that only accepts yard waste.

"Zone of aeration" means a subsurface zone containing water under a pressure lower than that

of the atmosphere, including water held by capillarity; and containing air or gases generally under

atmospheric pressure. This zone is bounded above by the land surface and below by the water table;

and is synonymous with vadose zone and unsaturated zone.

"Zone of saturation" means a subsurface zone in which essentially all the interstices are filled

with water under pressure greater than that of the atmosphere. Although the zone may contain

interstices filled with gas or liquids other than water, it is still considered saturated. This zone is

separated from the zone of aeration by the water table and is synonymous with phreatic zone.

252:515-1-3. Terms not defined by Act or rule

Any term not defined in the Oklahoma Solid Waste Management Act, the Oklahoma Used Tire

Recycling Act, or in this Chapter shall be defined by:

(1)

the Dictionary of Geological Terms, Latest Revised Edition, American

Geological Institute;

(2)

EPA RCRA Groundwater Monitoring Technical Enforcement Guidance Document;

(3)

its generally accepted scientific meaning; or

(4)

its standard dictionary meaning.

252:515-1-4. Test methods and map scales

(a)

Test methods. All testing required for compliance with this Chapter shall utilize industry-

standard methods and procedures, unless alternatives are approved in advance by the DEQ.

(1)

Engineering test methods. All engineering tests shall be in accordance with the latest

published ASTM test procedures.

(2)

Water sampling/analyses. Water sampling and analyses methods shall be in accordance

with EPA approved procedures.

(b)

Map scales. Map scale requirements of Subchapter 3, Parts 5 and 7 do not apply when the DEQ

has approved the use of alternative map scales or published maps.

252:515-1-5. Consideration of other laws

All persons and facilities identified in this Chapter may be subject to other state or federal laws and

rules.

252:515-1-6. Severability

The provisions of this Chapter are severable. If any part or provision is held void by a court of

competent jurisdiction, the decision of that court shall not affect or impair any of the remaining parts

or provisions of this Chapter.

252:515-1-7. Beneficial reuse

(a)

Upon request, and with supporting documentation, the DEQ may make a determination that a

waste material is not a solid waste when it can be shown that the material is:

(1)

being used as an ingredient in an industrial process to make a product;

(2)

used as an effective substitute for commercial products;

(3)

being returned to the original process from which it is generated, without first being

reclaimed. The material must be returned as a substitute for raw material feed-stock and the

process must use raw materials as principal feed-stocks; or

(4)

in the possession of persons who actually possess the equipment necessary to process the

material to comply with one of the above conditions.

(b)

The DEQ may also make a reuse determination on other proposals based upon an evaluation of

the contemplated use of the material and potential effects on human health and the environment.

(c)

If waste is accumulated in anticipation of future markets or is stored in a quantity exceeding that

which may be reasonably expected to be used or recycled within one (1) year, the material is

regulated as a solid waste.

252:515-1-8. Special considerations

(a)

Existing permits. Permits for active solid waste disposal facilities issued under previous rules,

and those in the post-closure monitoring period on the effective date of this Chapter, remain in

effect.

(b)

[RESERVED]

(c)

[RESERVED]

(d)

MSWLFs prior to October 9, 1991. MSWLFs that stopped receiving waste prior to October

9, 1991 are subject to the final cover and post-closure monitoring requirements of the permit and the

rules in effect at the time of closure.

(e)

MSWLFs on or after October 9, 1991. MSWLFs receiving waste on or after October 9, 1991

are subject to this Subsection.

(1)

Less than 100 tons per day of waste. No later than October 9, 1994, MSWLFs that

received less than an average of 100 tons per day of solid waste after October 9, 1991 and

stopped receiving waste before April 9, 1994 shall install final cover meeting the requirements

of OAC 252:515-19-53.

(A)

Post-closure monitoring requirements. MSWLFs shall be subject to the post-

closure monitoring requirements of the permit and rules in effect at the time of closure.

(B)

Failure to stop accepting waste or to apply final cover. MSWLFs that accepted

waste on or after April 9, 1994, or failed to install the final cover by October 9, 1994 shall

be subject to all applicable requirements of this Chapter.

(2)

100 tons or more per day of waste. No later than October 9, 1994, MSWLFs that received

an average of 100 tons or more per day of solid waste after October 9, 1991 and stopped

receiving waste before October 9, 1993 shall install final cover meeting the requirements of

OAC 252:515-19-53.

(A)

Post-closure monitoring requirements. MSWLFs shall be subject to the post-

closure monitoring requirements of the permit and the rules in effect at the time of closure.

(B)

Failure to stop accepting waste or to apply final cover. MSWLFs that accepted

waste on or after October 9, 1993 or failed to install the final cover by October 9, 1994 shall

be subject to all applicable requirements of this Chapter.

(f)

Other disposal facilities. Other solid waste disposal facilities that stopped receiving waste

prior to the effective date of this Chapter shall close, and perform any applicable post-closure

monitoring, in accordance with the permit and the rules in effect at the time of closure.

(g)

Corrective action. The DEQ may require corrective action any time an inspection of a

solid waste disposal facility or review of testing data indicates the actual release of

contaminants into the environment. Such corrective action shall be performed in accordance

with the requirements of this Chapter.

SUBCHAPTER 3. PERMIT PROVISIONS AND APPLICATIONS

PART 1. GENERAL PROVISIONS

Section

252:515-3-1. Permit required

252:515-3-2. Permit not required

252:515-3-3. Prohibition

252:515-3-4. Closed MSWLFs

252:515-3-5. Duration of permit

252:515-3-6. Permit transfer

PART 3. PERMIT APPLICATIONS AND MODIFICATIONS

252:515-3-31. General requirements

252:515-3-32. Variance from the rules of this Chapter

252:515-3-33. Oath required

252:515-3-34. Legal right to Property

252:515-3-35. Engineer of record

252:515-3-36. Permit applications

252:515-3-37. Aesthetic enhancement

252:515-3-38. Additional information for land disposal facilities

252:515-3-39. Additional information for waste tire facilities

252:515-3-39.1 Tire Storage permit applications

252:515-3-40. Permits for commercial regulated medical waste processing facilities

252:515-3-41. Permits for the beneficial use, transport, disposal, and storage of sludge

252:515-3-42. Permits for transfer stations

PART 5. REQUIRED MAPS AND DRAWINGS

252:515-3-51. General requirements

252:515-3-52. General location map

252:515-3-53. Flood plain map

252:515-3-54. Quadrangle topographic map

252:515-3-55. Existing contour map

252:515-3-56. Site map

252:515-3-57. Design drawings

PART 7. ADDITIONAL MAPS FOR LAND DISPOSAL FACILITIES

252:515-3-71. General requirements

252:515-3-72. Groundwater resource and usage map

252:515-3-73. Surface geologic map

252:515-3-74. Highest groundwater contour map

252:515-3-75. Potentiometric surface map

252:515-3-76. Site-specific cross sections

252:515-3-77. Fill cross section map

252:515-3-78. Excavation contour map

252:515-3-79. Top of liner contour map

252:515-3-80. Completion map

PART 1. GENERAL PROVISIONS

252:515-3-1. Permit required

(a)

Solid waste disposal facilities. The following solid waste disposal facilities are subject to the

requirements of this Subchapter and require a solid waste permit from DEQ prior to construction

and/or operation:

(1)

land disposal facilities;

(2)

solid waste processing facilities, including:

(A)

transfer stations;

(B)

solid waste incinerators receiving waste from off-site sources;

(C)

regulated medical waste processing facilities receiving waste from off-site

sources, and that are not shared service facilities;

(D)

used tire facilities;

(E)

composting facilities, except special events composting facilities and other facilities

exempted by OAC 252:515-43-31;

(F)

permanently established household hazardous waste collection facilities; and

(G)

any other type of facility that processes solid waste;

(3)

facilities used for the storage of solid waste for longer than 10 days; and

(4)

facilities used for the storage of more than 50 used tires, except as authorized by 27A O.S.

§ 2-11-401.7.

(b)

Sludge. Solid waste disposal facilities used for the beneficial use, transport, disposal, or storage

of sludge that is not subject to the direct jurisdiction of any other environmental regulatory agency

of the State of Oklahoma shall obtain a permit in accordance with OAC 252:515-3-41.

252:515-3-2. Permit not required

(a)

The following do not require a solid waste permit and are not subject to the requirements of this

Subchapter, but may be subject to other DEQ permits or requirements:

(1)

rock and dirt fills that receive only uncontaminated rock, dirt, concrete, bricks or

solidified asphalt;

(2)

disposal sites used by a person for disposal of solid waste from his or her household,

provided:

(A)

the disposal site is on land owned by that person;

(B)

the solid waste does not originate from business or commercial activities; and

(C)

such disposal does not violate any local government ordinance or create a

nuisance or hazard to public health or the environment;

(3)

emergency disposal sites approved by DEQ when a natural disaster creates a

need for additional public solid waste disposal sites in the disaster area;

(4)

on-site incinerators meeting the exemption requirements of 27A O.S. § 2-10-501(K);

(5)

on-site regulated medical waste treatment activities by hospitals, clinics, or

laboratories, or other similar facilities for treatment of regulated medical wastes generated on-

site;

(6)

facilities that accept only source-separated recyclable materials for recycling;

(7)

persons under a DEQ order to remediate an abandoned or inactive waste site in

accordance with 27A O.S. § 2-10-301(H);

(8)

facilities used as:

(A)

a citizen collection station;

(B)

a collection and processing point for source-separated, non-putrescible, recyclable

wastes;

(C)

a collection point for parking lot or street sweepings; or

(9)

a collection point for wastes collected and received in sealed bags from such

activities as periodic cleanup campaigns for cities, rights-of-way, or roadside

parks; projects approved by DEQ and a local conservation district in accordance

with 27A O.S. § 2-10-301(J).

(b)

Special events composting facilities operated in accordance with a plan approved by DEQ are

not subject to this Subchapter. The plan shall include, at a minimum:

(1)

the permit application information identified in OAC 252:515-3-36(a)(1) through (a)(8);

(2)

a demonstration of compliance with the location restrictions of Subchapter 5 of this Chapter;

and

(3)

a demonstration of how the facility will comply with applicable regulations of other state

agencies or parts thereof, including the Water Quality Division of DEQ.

(c)

Units of local or county government wishing to use baled used tires in engineering projects are

not subject to this Subchapter but must have a plan meeting the requirements of OAC 252:515-21-

111 approved by DEQ prior to beginning the project.

252:515-3-3. Prohibition

Except as provided in OAC 252:515-3-2, no person shall dispose of solid waste at any facility for

which a solid waste permit has not been issued by the DEQ.

252:515-3-4. Closed MSWLFs

MSWLFs that stopped receiving waste on or before April 9, 1994 may receive a modification of

the permit only for operation of a solid waste transfer station, a yard-waste composting facility, or

a citizen collection station.

252:515-3-5. Duration of permit

(a)

Life of site. Permits shall be issued for the life of the disposal facility, subject to the limitations

of (b) of this Section.

(b)

Commencement of construction and operation. DEQ may specify timelines within permits

for commencement of construction and operation of new disposal facilities.

(c)

Cessation of operations. If a permitted active disposal facility ceases to accept waste for 30

days or more without prior notice to the DEQ, the facility is deemed to be in the process of final

closure.

(d)

Suspended operations. Development or operations of a disposal facility may be suspended.

To do so, the owner/operator must provide prior written notice to the DEQ of the intent to suspend

development or operations.

(1)

Suspension of development or operations beyond one year in duration requires DEQ

approval and annual renewal;

(2)

if site development or operations remain suspended for more than one year, without DEQ

approval to continue suspension, the facility is deemed to be in the process of final closure and

must perform closure and post-closure activities in accordance with the approved closure and

post-closure plans, and Subchapter 25 of this Chapter; and

(3)

if financial assurance is required, post full financial assurance in accordance with Subchapter

27 of this Chapter and the approved cost estimates.

(e)

Resuming operations. If facility operations cease pursuant to (c) or (d) of this Section, then

prior to resuming such operations, the permit must be modified if, in the opinion of the DEQ, the

permit does not comply with all current laws and regulations.

252:515-3-6. Permit transfer

(a)

Transfer required. If the ownership of a disposal facility is assumed by a new entity, the

permit must be transferred from the previous owner/operator ("transferor") to the new

owner/operator ("transferee").

(b)

Exception. Changes in corporate ownership from majority stock transfers do not require a

permit transfer. However, such changes require notice to DEQ and submittal of an approved

disclosure statement meeting the requirements of OAC 252:515-3-31(g).

(c)

Transfer requirements. Permits may be transferred from the transferor to the transferee upon

the following conditions:

(1)

the transferor has submitted a written request to DEQ for transfer of the permit to the

transferee;

(2)

the transferee has submitted an approved disclosure statement meeting the requirements of

OAC 252:515-3-31(g);

(3)

the transferee has, if required, established an approved financial assurance mechanism in an

appropriate amount and appropriately funded;

(4)

the transferee has agreed in writing to comply with:

(A)

all permit conditions;

(B)

approved plans and specifications;

(C)

the Oklahoma Solid Waste Management Act and/or Used Tire Recycling Act, as

applicable;

(D)

the rules in this Chapter; and

(E)

any final orders issued pursuant thereto;

(5)

the transferee has complied with OAC 252:515-3-33 (relating to oath required); and

(6)

the facility meets the compliance requirements of OAC 252:4-7-15. In lieu of demonstrating

substantial compliance, the parties to the transfer may enter into a Consent Order with DEQ to

schedule compliance.

(d)

Transferor responsible. Until such time as DEQ approves transfer of the permit

to the transferee, the transferor shall remain responsible for the operation of the facility.

PART 3. PERMIT APPLICATIONS AND MODIFICATIONS

252:515-3-31. General requirements

(a)

All permit applications. All permit applications are subject to the Oklahoma Uniform

Environmental Permitting Act as well as the requirements of this Subchapter.

(b)

New permit applications. Applicants requesting a permit fora new solid waste disposal

facility shall submit a permit application to the DEQ meeting the requirements of this Subchapter.

(c)

Modifications required.

(1)

The permit must be modified before making any changes to the approved design,

construction, or operation of the facility.

(2)

The modification application shall contain any maps, drawings, plans or other documents

identified in this Subchapter to ensure the modification will be in compliance with the

applicable requirements of this Chapter.

(d)

Administrative correction. The DEQ may make administrative corrections to the permit.

(e)

Tier I and II permit modifications. Applicants requesting a Tier I or Tier II modification of

an existing permit shall submit a permit modification application to the DEQ meeting the applicable

requirements of this Subchapter, but are not required to comply with OAC 252:515-3-33 (relating

to oath required), unless otherwise required by statute.

(f)

Tier III permit modifications. Applicants requesting a Tier III modification of an existing

permit shall submit a permit modification application to the DEQ meeting the applicable

requirements of this Subchapter, and comply with OAC 252:515-3-33.

(g)

Disclosure statement. Persons submitting a permit application for a new solid waste disposal

facility, or the transfer of an existing solid waste permit, are subject to the disclosure statement

requirements of 27A O.S. §§ 2-10-103 and 2-10-302.

(h)

Permits for receipt of NHIW. The following cannot receive a permit to accept NHIW unless

the facility meets the requirements of 27A O.S. § 2-10-501(A):

(1)

new land disposal facilities; and

(2)

existing land disposal facilities that were not authorized to accept NHIW as of the effective

date of this Chapter.

252:515-3-32. Variance from the rules of this Chapter

(a)

Application. Except as provided for in (c) of this Section, applicants may, in a permit

application, request a variance from one or more provisions of this Chapter in accordance with 27A

O.S. § 2-10-304.

(b)

Technical considerations. Applicants requesting a variance must demonstrate that operations

under the variance will equal or exceed the protection accorded by the particular rule for which the

variance is being requested, and will not result in a hazard to the health, environment or safety of the

people of this State or their property.

(c)

Exceptions.

(1)

A variance from the following restrictions of Subchapter 5 of this Chapter shall not be

granted for MSWLFs or NHIW landfills: public water supply(OAC 252:515-5-32(b)), wellhead

protection area (OAC 252:515-5-32(c)), airports (OAC 252:515-5-52(e)), fault areas (OAC

252:515-5-52(b)), seismic impact zones (OAC 252:515-5-52(c)), or unstable areas (OAC

252:515-5-52(d)).

(2)

The DEQ may grant a variance from the 100-year flood plain restriction in accordance with

OAC 252:515-5-32(a)(2).

252:515-3-33. Oath required

The applicant shall sign the permit application under oath on forms provided by the DEQ.

252:515-3-34. Legal right to property

(a)

Right of access. The permit application for a new solid waste disposal facility, or expansion of

the permit boundaries of an existing solid waste disposal facility, must contain:

(1)

a true and correct copy of a legal document filed in the county in which the facility is located,

demonstrating that the applicant possesses a legal right to access and use the property in the

manner for which the permit is sought, including any on- or off-site soil borrow areas,

throughout the life of the site and the required post-closure monitoring period; and

(2)

a certification, by affidavit, that the applicant owns the real property, has a current lease or

easement which is given to accomplish the permitted purpose, or has provided legal notice to the

landowner.

(b)

Option for use. If an option for right of access is predicated upon the issuance of a permit prior

to the exercise of that option, then the applicant must submit a copy of the option with the permit

application. Once the permit has been issued, the applicant must comply with (a) of this Section

prior to beginning construction.

(c)

Easement to the DEQ. Unless the property owner is a unit of government, a temporary

easement shall be executed allowing the DEQ and/or its contractors the right to access the property

to perform closure, post-closure monitoring, or corrective action in the event of default by the

owner/operator.

252:515-3-35. Engineer of record

(a)

Professional engineer seal required. Maps, drawings, surveys, calculations, information and

data submitted in support of permit applications for new solid waste disposal facilities or

modifications of existing permits, must be prepared and stamped or sealed by a professional

engineer licensed in the State of Oklahoma if the facility serves a population equivalent of 5,000

persons or more.

(b)

Seal placement. The engineer's stamp or seal shall be placed on the application page. Each map

and drawing included in the application shall be stamped or sealed in accordance with the

requirements of the State Board of Registration for Professional Engineers and Land Surveyors.

(c)

Failure to seal. Documents that are not stamped or sealed in accordance with this Section will

be returned to the applicant.

252:515-3-36. Permit applications

(a)

New applications. A permit application for a new solid waste disposal facility shall include all

information required by the Oklahoma Uniform Environmental Permitting Act, including:

(1)

the owner/operator's name, mailing address and phone number;

(2)

the name by which the facility will be known, the mailing address of the facility, the street

address of the facility (if different from the mailing address), and the facility phone number;

(3)

a disclosure statement completed in accordance with OAC 252:515-3-31(g);

(4)

a legal description, by metes and bounds; section, township, and range, or parts thereof; or

book and page number of plat records for platted property, of:

(A)

the proposed permit boundary;

(B)

the proposed waste processing and/or disposal areas; and

(C)

both on- and off-site soil borrow areas, if applicable;

(5)

latitude and longitude of all corners of the permit boundary and the facility entrance;

(6)

the location of the site from the nearest town or city;

(7)

a description of all processing, storage and disposal operations and units;

(8)

a description of the anticipated waste streams and amount received per day;

(9)

the names of municipalities and/or counties included in the service area;

(10)

the estimated population served, to be determined as follows:

(A)

the population of each town or city served by the disposal facility, as published in the last

decennial census; or

(B)

the population equivalent served, calculated by dividing the anticipated amount of

waste received per day by 4.4 pounds per person per day;

(11)

the types of road construction and materials to be used to ensure that all access roads

within the site are passable during inclement weather by normal vehicular traffic;

(12)

a list of anticipated heavy equipment to be used in the construction and operation of the

site;

(13)

maps and drawings as required by Parts 5 and/or 7 of this Subchapter; and

(14)

data, plans, and specifications for the following:

(A)

a demonstration the proposed facility meets the location restrictions of Subchapter 5

of this Chapter; an operational plan describing how compliance with the operational

requirements of Subchapter 19 of this Chapter, as applicable to the proposed facility, will

be achieved;

(B)

a plan describing how compliance with the stormwater management requirements of

Subchapter 17 of this Chapter will be achieved;

(C)

plans for closure of the facility in accordance with Subchapter 25 of this Chapter; and

(D)

a plan for achieving compliance with the aesthetic enhancement requirements of OAC

252:515-3-37; and

(15)

establishment of financial assurance in accordance with Subchapter 27 of this Chapter.

(b)

Information not identified. The DEQ may require the applicant to submit additional data,

revise design specifications or propose environmental safeguards as necessary to meet DEQ rules

for the protection of human health and the environment.

(c)

Permit modification applications. An applicant requesting a modification to an existing

permit shall submit information identified in this Part related to the proposed modification.

252:515-3-37. Aesthetic enhancement

Applications for new permits or expansions of an existing permit boundary, shall include plans

to enhance the visual harmony of the new disposal facility or the expansion area with the

surrounding area, and reduce the transmission of dust and noise from the facility. Such plans may

include placement of berms, fences, shrubbery, trees, or other such materials to achieve the desired

result.

252:515-3-38. Additional information for land disposal facilities

In addition to the requirements of OAC 252:515-3-36, permit applications for land disposal

facilities shall contain data, plans, and specifications for the following, as applicable to the proposed

disposal facility:

(1)

performance of a subsurface investigation and installation of a groundwater monitoring

system in accordance with Subchapters 7 and 9 of this Chapter;

(2)

installation of a liner meeting the requirements of Subchapter 11 of this Chapter;

(3)

installation of a leachate collection system meeting the requirements of Subchapter 13 of

this Chapter;

(4)

establishment of an explosive gas monitoring and remediation system in accordance with

Subchapter 15 of this Chapter;

(5)

establishment of a waste exclusion program in accordance with Subchapter 29 of this

Chapter;

(6)

performance of post-closure monitoring in accordance with Subchapter 25 of this Chapter;

and

(7)

the anticipated life of the site as calculated in accordance with OAC 252:515-27-8.

252:515-3-39. Additional information for used tire facilities

In addition to the requirements of OAC 252:515-3-36, permit applications for used tire facilities

shall include the following:

(1)

the intended development, tire processing equipment specifications, and detailed

operational plans for the facility;

(2)

how the facility will be visually screened, including the planting of trees and other

vegetation;

(3)

methods appropriate for the protection of human health and the environment to control

on-site populations of rodents, flies, mosquitoes, or other animals or insects capable of

transmitting disease to humans;

(4)

the use of mosquito monitoring devices to determine the mosquito population, a

determination of whether or not control action is warranted, and plans to implement control

measures as necessary;

(5)

the intended use for the processed tire material, consisting of a detailed statement about the

owner/operator's plans to make the processed tire material available and accessible for

recycling, reuse or energy recovery;

(6)

a description of how the processed tire material will be disposed if the intended use ceases

to be a viable option;

(7)

a fire protection plan that includes:

(A)

how the facility will respond to a fire and with what equipment;

(B)

the criteria for calling the fire department;

(C)

accessibility to a fire hydrant with sufficient water pressure to meet the facility's fire

protection needs;

(D)

how to control surface water run-off resulting from fire extinguishing efforts; and

(E)

other relevant information;

(8)

documentation from the local governmental entity responsible for supplying fire protection

for the used tire facility, approving the facility's fire protection plan;

(9)

plans for surface water run-off controls around tire piles and processed tire piles to prevent

surface water runoff. Engineering plans shall also address discharge of run-off under an OPDES

permit or diversion of collected runoff into a POTW or an evaporation pond;

(10)

plans for a storage area that shall not contain more than 250,000 whole tires;

(11)

plans to ensure all 77 counties of Oklahoma are serviced at least once each calendar

quarter; and

(12)

a description of how compliance with the requirements of Parts 3 and 5 of OAC 252:515-

21 (relating to used tire facilities and transportation) will be achieved and maintained.

252:515-3-39.1. Tire storage permit applications

(a)

Permit applications for tire storage permits shall include all information required by OAC

252:4, the Rules of Practice and Procedure, Subchapter 7, Environmental Permit Process, and the

following:

(1)

a disclosure statement completed in accordance with OAC 252:515-3-31(g);

(2)

a legal description, by metes and bounds; section, township, and range, or parts thereof; or

book and page number of plat records for platted property, of:

(A)

the proposed permit boundary; and

(B)

the proposed waste processing and/or disposal areas.

(3)

latitude and longitude of all corners of the permit boundary and the facility entrance;

(4)

the location of the site from the nearest town or city;

(5)

a description of all processing, storage and disposal operations and units;

(6)

establishment of financial assurance in accordance with Subchapter 27 of this Chapter;

(7)

how the tires will be visually screened, including the planting of trees and other vegetation;

(8)

methods appropriate for the protection of human health and the environment to control

on-site populations of rodents, flies, mosquitoes, or other animals or insects capable of

transmitting disease to humans;

(9)

the use of mosquito monitoring devices to determine the mosquito population, a

determination of whether or not control action is warranted, and plans to implement control

measures as necessary;

(10)

a fire protection plan that includes:

(A)

how the facility will respond to a fire and with what equipment;

(B)

the criteria for calling the fire department;

(C)

accessibility to a fire hydrant with sufficient water pressure to meet the facility's fire

protection needs;

(D)

how to control surface water run-off resulting from fire extinguishing efforts; and

(E)

other relevant information;

(11)

documentation from the local governmental entity responsible for supplying fire

protection for the facility, approving the facility's fire protection plan;

(12)

plans for surface water run-off controls around tire piles and processed tire piles to

prevent surface water runoff. Engineering plans shall also address discharge of run-off under an

OPDES permit or diversion of collected runoff into a POTW or an evaporation pond; and

(13)

plans for a storage area that shall not contain more than 250,000 whole tires.

(b)

Information not identified. The DEQ may require the applicant to submit additional data,

revise design specifications or propose environmental safeguards as necessary to meet DEQ rules

for the protection of human health and the environment.

(c)

Permit modification applications. An applicant requesting a modification to an existing

permit shall submit information identified in this Part related to the proposed modification.

252:515-3-40. Permits for commercial regulated medical waste processing facilities

In addition to the requirements of OAC 252:515-3-36, permit applications for commercial

regulated medical waste processing facilities shall identify how compliance with the requirements

of Parts 3 and 5 of OAC 252:515-23 (relating to operational requirements for commercial regulated

medical waste processing and incinerating facilities) will be achieved and maintained.

252:515-3-41. Permits for the beneficial use, transport, disposal, and storage of sludge

(a)

Permit required. In lieu of the requirements of this Subchapter, applicants for a permit for the

beneficial use, -transport, disposal, and storage of sludge not subject to the direct jurisdiction of any

other environmental agency of the State of Oklahoma shall comply with the following.

(1)

DEQ consultation. The applicant shall consult with the DEQ prior to submitting an

application for a permit.

(2)

Considerations. Application requirements shall be based on the nature and volume of the

sludge, as well as its proposed management method and location.

(3)

Specific requirements. The application shall comply with OAC 252:515-3-33, 34, 36, and

37.

(b)

Additional requirements. The applicant shall be subject to the requirements of the Oklahoma

Uniform Environmental Permitting Act and may be subject to one or more requirements of this

Subchapter as well as other requirements of this Chapter, other divisions of the DEQ, and/or

additional requirements as deemed necessary by the DEQ.

(c)

DEQ review. After review of the application, the DEQ may require alterations prior to approval.

(d)

Initiation of permitted activities. The applicant shall not begin activities described by the

application until the permit has been issued.

(e)

Recordkeeping. All records related to the project and required by this Section shall be

maintained for a period of at least five years after completion of the project.

252:515-3-42. Permits for transfer stations.

In addition to the requirements of OAC 252:515-3-36, permit applications for transfer stations

shall establish a waste exclusion plan (WEP) in accordance with Subchapter 29 of this Chapter.

PART 5. REQUIRED MAPS AND DRAWINGS

252:515-3-51. General requirements

(a)

Applicability. The maps and designs identified in this Part shall be submitted with permit

applications for:

(1)

all new solid waste disposal facilities;

(2)

expansions of permit boundaries of existing solid waste disposal facilities;

(3)

expansions of waste handling or disposal boundaries of existing solid waste disposal

facilities; and

(4)

any other modification to an existing permit where the data originally submitted would be

made ambiguous, inaccurate, or out of date by the proposed modification.

(b)

Additional maps for land disposal facilities. In addition to the maps and designs required by

this Part, the maps identified in Part 7 of this Subchapter shall be submitted with permit applications

for:

(1)

new land disposal facilities;

(2)

expansions of permit boundaries of existing land disposal facilities; and

(3)

expansions of waste disposal boundaries of existing land disposal facilities.

(c)

Illegible. The permit application will be considered administratively incomplete if any maps or

drawings submitted are not legible.

(d)

Map sequence. All maps and designs shall be submitted in the permit application in the

sequence identified.

(e)

Map scale. Unless otherwise identified, all maps submitted as part of a permit application shall

be prepared at a scale of one inch equals one hundred feet (1" = 100'). An alternative scale may be

used with approval of the DEQ.

(f)

Map details.

(1)

All maps shall show as a minimum, legend, title, north arrow, permit boundary, buffer zone,

and boundaries of waste disposal or processing areas.

(2)

If applicable, the locations of ground water monitoring wells and gas monitoring probes

shall be identified.

252:515-3-52. General location map

The permit application shall include a county highway map published by the Oklahoma

Department of Transportation showing the facility location and any airports within six miles of the

facility. If the facility is located within a municipality and a municipal map with better information

is available, then it may be used.

252:515-3-53. Flood plain map

The permit application shall include a flood plain map from one of the following sources

depicting the limits and elevations of any 100-year flood plain on or within one mile of the permit

boundary of the proposed facility or expansion area:

(1)

Flood Insurance Rate maps published by the Federal Emergency Management Agency, or

maps prepared by the U.S. Army Corps of Engineers, Flood Plain Management Services;

Maps of Flood Prone Areas published by the U.S. Geological Survey; or

(2)

site specific determinations by the U.S. Army Corps of Engineers at the request of the

applicant.

252:515-3-54. Quadrangle topographic map

(a)

Required map. The permit application shall include an original U.S. Geological Survey 7.5

minute series topographic quadrangle map.

(1)

If 7.5 minute series maps have not been printed, then 15 minute series may be used.

(2)

If the disposal facility is located on the edge of the quadrangle, then adjoining maps shall be

provided.

(b)

Required details. The quadrangle topographic map shall clearly depict:

(1)

the location of the facility permit boundaries;

(2)

access routes within one mile of the facility;

(3)

homes and buildings within one mile of the facility;

(4)

public water and wastewater collection, treatment, and distribution facilities within one mile

of the facility;

(5)

receiving waters and surface variations within one mile of the facility; and

(6)

water wells, including private and municipal, potable and irrigation water within one mile

of the facility.

252:515-3-55. Existing contour map

(a)

Required map. The permit application shall include a constructed map showing the

topographic contours prior to any operations at the facility.

(b)

Contour intervals. The contour interval on the map shall not be greater than two feet.

(c)

Required details. The existing contour map shall show the location and quantities of surface

drainage entering and exiting the facility, and the locations of all boreholes with their surface

elevations.

252:515-3-56. Site map

(a)

Required map. The permit application shall include a site map, which may be the existing

contour map.

(b)

Required details. The site map shall show the following, as applicable to the facility:

(1)

the dimensions of the permit boundary as indicated by legal description;

(2)

the receiving processing, storage or disposal areas;

(3)

buffer zones;

(4)

the locations and surface elevations of each borehole, monitor well, test well, monitoring

site, test pit, sampling site and permanent benchmarks;

(5)

the surface and top of casing elevations for each monitoring well or gas probe;

(6)

the surface drainage, including location of diversion ditches, dikes, dams, pits, ponds,

lagoons, berms, terraces and other relevant information;

(7)

the location of fencing and gates, utility lines, pipelines, and easements;

(8)

the access roads into and on the site;

(9)

employee and equipment shelters; and

(10)

on- and off-site soil borrow areas.

252:515-3-57. Design drawings

The permit application shall include, as necessary, design drawings and specifications for:

(1)

receiving, processing, storage or disposal areas;

(2)

liner construction;

(3)

leachate collection systems;

(4)

typical well installation;

(5)

dike sections;

(6)

drainage channels;

(7)

groundwater monitoring wells, gas monitoring probes, and piezometers;

(8)

retention structures or other groundwater and surface water protection measures; and

(9)

any other design drawings or specifications necessary to describe the proposed activities for

the facility.

PART 7. ADDITIONAL MAPS FOR LAND DISPOSAL FACILITIES

252:515-3-71. General requirements

(a)

Applicability. The maps and designs identified in this Part shall be submitted with all permit

applications for a new land disposal facility or expansions of the waste disposal boundaries of an

existing land disposal facility.

(b)

Map requirements. Maps submitted to the DEQ pursuant to the requirements of this Part are

subject to the general map provisions of OAC 252:515-3-51(c) through (f).

252:515-3-72. Groundwater resource and usage map

(a)

Required map. The permit application shall include a groundwater resource and usage map,

made to a scale of 1:6000 (1 inch = 500 feet).

(b)

Required details. The map shall show the following:

(1)

the location, total depth and ground water elevation of all known private water wells within

a radius of one mile of the proposed site boundary;

(2)

the location, total depth and ground water elevation of all public water supply wells within

a radius of two miles of the proposed site boundary; and

(3)

recharge and discharge areas and the description of ground water quality within a three mile

radius of the proposed site boundary.

252:515-3-73. Surface geologic map

The permit application shall include a site-specific areal geologic map depicting the lithologic

units of the ground surface, made to a scale of no smaller than 1:1200 (1 inch = 100 feet).

252:515-3-74. Highest groundwater contour map

(a)

Required map. The permit application shall include a groundwater contour map developed

from the information obtained during the groundwater study required in Part 5 of OAC 252:515-7.

(b)

Required details. The groundwater contour map shall depict:

(1)

the groundwater contours, at two foot intervals, of the highest groundwater elevation ever

recorded at each borehole, piezometer or well across the site. The highest elevation shall be

based on the groundwater levels recorded during the subsurface investigation or any other

record of groundwater elevation measurements; and

(2)

the locations of all proposed monitoring wells, boreholes, and piezometers, and the surface

elevations of each.

252:515-3-75. Potentiometric surface map

(a)

Required map. The permit application shall include an actual groundwater potentiometric

surface map developed from the information obtained during the groundwater study required in Part

5 of OAC 252:515-7.

(b)

Required details. The potentiometric surface map shall depict:

(1)

groundwater elevation contours at two foot intervals as measured in a single time event

reflecting the highest average water level elevation across the site during the 12-month

monitoring period; and

(2)

the locations of all proposed monitoring wells, boreholes, and piezometers, and surface

elevations of each.

252:515-3-76. Site-specific cross sections

(a)

Required map. The permit application shall include two site-specific cross sections constructed

from subsurface borehole logs and other site-specific information, such as water well logs, oil and

gas well logs, outcrops at or near the site, and geophysical surveys.

(b)

Orientation. The first cross section shall be oriented parallel to the dip of the underlying strata

and the second oriented perpendicular to the dip of the strata. If this is not possible, the cross-

sections shall be oriented at 90 degrees from each other.

(c)

Required details. Each cross section shall include:

(1)

the borehole logs and other sources of information displayed relative to mean sea level on

the cross section;

(2)

the depth, thickness and areal extent of each stratigraphic unit;

(3)

lithology of significant formations or strata, and unconsolidated sediment type;

(4)

structural features (faults and folds);

(5)

stratigraphic contact between formations or strata, and unconsolidated sediments;

(6)

zones of hydraulic conductivity greater than 1 x 10

-3

cm/sec;

(7)

fracture zones;

(8)

otentiometric surfaces of all confined and unconfined saturated zones;

(9)

location, depth and producing zone of water wells that could be used in the construction of

the cross section;

(10)

the surface upon which the waste will be placed, i.e., the landfill floor or top of liner;

(11)

soils or strata encountered by the boreholes suitable for use as liner material;

(12)

intervals and results of both in-situ and laboratory hydraulic conductivity tests;

(13)

surface water drainage features, such as: dikes, levees, or trenches;

(14)

the existing ground surface and final cover;

(15)

gas extraction wells or probes;

(16)

monitor wells or piezometers; and

(17)

a legend that includes vertical and horizontal scales and a map showing the location of

the boreholes and other information used to construct the cross section.

252:515-3-77. Fill cross section map

(a)

Required map. The permit application shall include a fill cross section map.

(b)

Required details. A grid system shall be established and typical cross sections plotted along

the principal axis and along the minor axis.

(1)

A cross section locator map shall show the grid system superimposed over the site plan with

each cross-section labeled. This drawing may be at any convenient scale and labeled

accordingly.

(2)

Cross section drawings shall depict the elevation(s) of the top of any dikes or levees, the final

cover, wastes, ground surface, the top of liner, the bottom of excavations, the side slopes of

trenches and fill areas, groundwater monitor wells, gas wells or vents, and recorded initial and

static water levels.

(3)

The scale shall be 1:600 (1 inch = 50 feet) horizontal and 1:60 (1 inch = 5 feet) vertical.

(4)

Soil borings may also be shown on the profile.

252:515-3-78. Excavation contour map

The permit application shall include an excavation contour map showing:

(1)

contours, at two foot intervals, of the bottom of the proposed excavation;

(2)

the anticipated progression of the construction; and

(3)

the locations and final depth of the boreholes.

252:515-3-79. Top of liner contour map

(a)

Required map. The permit application shall include a top of liner contour map showing:

(1)

contours, at two foot intervals, of the top of the liner; and

(2)

the locations of the proposed monitor wells.

(b)

Liner construction. Details of liner construction may be provided on this map or as a separate

drawing.

252:515-3-80. Completion map

(a)

Required map. The permit application shall include a completion map showing how the new

facility or expansion is expected to look when it is completed, including final contours.

(b)

Required details. The completion map shall include the permit boundary, disposal boundary,

buffer zone, gas and groundwater monitoring well locations, the leachate removal locations,

permanent surface drainage structures and aesthetic enhancements.

SUBCHAPTER 5. LOCATION RESTRICTIONS

PART 1. GENERAL PROVISIONS

Section

252:515-5-1. Applicability

PART 3. LOCATION RESTRICTIONS FOR ALL SOLID WASTE DISPOSAL

FACILITIES

252:515-5-31. Restrictions on location of permit boundary

252:515-5-32. Restrictions on location of waste management and disposal areas

PART 5. ADDITIONAL LOCATION RESTRICTIONS FOR LAND DISPOSAL

FACILITIES

252:515-5-51. Restrictions on location of permit boundary

252:515-5-52. Restrictions on location of waste management and disposal areas

PART 1. GENERAL PROVISIONS

252:515-5-1. Applicability

(a)

All solid waste disposal facilities. All new and active solid waste disposal facilities are subject

to the location restrictions of Part 3 of this Subchapter.

(b)

Land disposal facilities. In addition to the restrictions of Part 3 of this Subchapter, all new and

active land disposal facilities are subject to the location restrictions of Part 5 of this Subchapter.

PART 3. LOCATION RESTRICTIONS FOR ALL SOLID WASTE DISPOSAL

FACILITIES

252:515-5-31. Restrictions on location of permit boundary

(a)

Scenic rivers.

(1)

Prohibition. Except as provided in (2) of this Subsection, no area within the permit

boundary of a new solid waste disposal facility, or expansion of the permit boundary of an

existing solid waste disposal facility, shall be located within the drainage basin of any river

designated under the Oklahoma Scenic Rivers Commission Act.

(2)

Exception. This restriction may be waived if the Scenic Rivers Commission that manages

the affected river, or in the absence of such commission, the Oklahoma Tourism and Recreation

Department, provides a statement that the proposed facility is not expected to adversely affect

the river or any of the public purposes for which it was designated. Such statement shall be

provided to the DEQ.

(b)

Recreation/preservation areas.

(1)

Prohibition. Except as provided in (2) of this Subsection, no area within the permit

boundary of a new solid waste disposal facility, or expansion of the permit boundary of an

existing solid waste disposal facility, shall be located within one-half mile of any area formally

dedicated and managed for public recreation or natural preservation by a federal, state, or local

government agency.

(2)

Exception. This restriction may be waived if the appropriate management agency provides

a statement that the proposed facility is not expected to adversely affect the existing recreation

or natural preservation area. Such statement shall be submitted to the DEQ.

(c)

Endangered or threatened species. For a new solid waste disposal facility, or expansion of the

permit boundary of an existing solid waste disposal facility, a statement from the Oklahoma

Department of Wildlife Conservation (ODWC) and from the Oklahoma Biological Survey (OBS),

shall be submitted regarding current information about endangered or threatened wildlife or plant

species listed in state and federal laws, that exist within one mile of the permit boundary or

expansion area.

(1)

Address potential impacts. If threatened or endangered species exist within, or

periodically utilize any area within, or within one mile of, the permit boundary or expansion

area, the projected impacts on the identified species shall be addressed, and measures specified

to avoid or mitigate the impacts.

(2)

Mitigation plan required. When impacts are unavoidable, a mitigation plan that has been

approved by ODWC for wildlife or OBS for plants, shall be submitted to the DEQ.

252:515-5-32. Restrictions on location of waste management and disposal areas

(a)

100-year floodplain. No waste management or disposal areas of a solid waste disposal facility

shall be located within the 100-year floodplain, except as provided for by (1) and (2) of this

Subsection.

(1)

Land disposal areas permitted before April 9, 1994. For areas of land disposal facilities

that received waste before April 9, 1994 and are located in the 100-year floodplain, the

owner/operator must maintain in the operating record a demonstration that the waste disposal

area will not:

(A)

restrict the flow of the 100-year flood;

(B)

reduce the temporary water storage capacity of the floodplain; or

(C)

result in the disturbance and/or carrying away of solid waste by water so as to pose a

hazard to human health or the environment.

(2)

Authorized variances. The DEQ may grant a variance from the 100-year flood plain

restriction for:

(A)

waste management or disposal areas of new solid waste disposal facilities, or

expansions of waste management or disposal areas of existing solid waste disposal facilities,

provided the variance is conditioned upon the subsequent redefinition of the flood plain to

not include the land area proposed by the variance; or

(B)

solid waste transfer stations, including regulated medical waste transfer stations, if no

waste will be retained or stored by any means during non-operating hours on any portion of

the facility within the 100-year flood plain.

(b)

Public water supply. Except for solid waste processing facilities where no waste is stored or

placed on permeable surfaces, no new waste management or disposal areas of a solid waste disposal

facility shall be located within:

(1)

one mile upgradient of an existing public water supply surface water intake, or one that is

permitted for construction when a complete application has been filed with the DEQ; or

(2)

a one year time of travel of a public water supply well. A wellhead delineation shall be

performed and submitted to the DEQ if one has not already been performed.

(c)

Wellhead protection area. If any new waste management or disposal areas will be located

within two miles of a public water supply well, a wellhead protection area shall be identified, as

specified by the State Wellhead Protection Plan, and such information submitted to the DEQ.

(d)

Wetlands. Except as provided in (1) and (2) of this Subsection, no new waste management or

disposal areas of a solid waste disposal facility shall be located in wetland areas as designated by the

Oklahoma Conservation Commission or other appropriate agency.

(1)

Exception. New waste management or disposal areas of a solid waste disposal facility may

be located in wetlands if all of the following demonstrations can be made.

(A)

Rebuttable presumption. Where applicable under Section 404 of the Clean Water Act

or applicable State wetlands laws, the presumption that practicable alternative to the

proposed facility is available which does not involve wetlands is clearly rebutted;

(B)

No harm. The construction and operation of the facility will not:

(i)

cause or contribute to violations of any applicable State water quality standard;

(ii)

violate any applicable toxic effluent standard or prohibition under Section 307 of the

Clean Water Act; and

(iii)

jeopardize the continued existence of endangered or threatened species or result in

the destruction or adverse modification of a critical habitat, protected under the

Endangered Species Act of 1973;

(C)

No degradation. The facility will not cause or contribute to significant degradation of

wetlands. The integrity of the facility and its ability to protect ecological resources shall be

demonstrated by addressing the following factors:

(i)

erosion, stability, and migration potential of native wetland soils, muds and deposits

used to support the facility;

(ii)

erosion, stability, and migration potential of dredged and fill materials used to

support the facility;

(iii)

the volume and chemical nature of the waste managed at the facility;

(iv)

impacts on fish, wildlife, and other aquatic resources and their habitat from

releases of solid waste;

(v)

the potential effects of catastrophic release of waste to the wetland and the resulting

impacts on the environment; and

(vi)

any additional factors, as necessary, to demonstrate that ecological resources in the

wetland are sufficiently protected;

(D)

No net loss. To the extent required under Section 404 of the Clean Water Act or

applicable State wetlands laws, steps have been taken to attempt to achieve no net loss of

wetlands (as defined by acreage and function) by first avoiding impacts to wetlands to the

maximum extent practicable as required by (1)(A) of this Subsection, then minimizing

unavoidable impacts to the maximum extent practicable, and finally offsetting remaining

unavoidable wetland impacts through all appropriate and practicable compensatory mitigation

actions (e.g., restoration of existing degraded wetlands or creation of man-made wetlands); and

(E)

Sufficient information available. Sufficient information is available to make a

reasonable determination with respect to these demonstrations.

(2)

Verification required. The demonstrations required by (1) of this Subsection shall be

approved by the Oklahoma Conservation Commission or other appropriate agency.

PART 5. ADDITIONAL LOCATION RESTRICTIONS FOR LAND DISPOSAL

FACILITIES

252:515-5-51. Restrictions on location of permit boundary

(a)

Terrace deposits.

(1)

Prohibition. Except as provided in (2) of this Subsection, no area within the permit

boundary of a new land disposal facility, or expansion of the permit boundary of an existing land

disposal facility, shall be located within an area designated as alluvium or terrace deposits and

their recharge areas, as shown on "Map of Aquifers and Recharge Areas in Oklahoma" compiled

by Kenneth S. Johnson, Oklahoma Geological Survey (1991).

(2)

Exception. Site-specific hydrological and geological data and other information may be

submitted to demonstrate clearly and convincingly that the proposed location does not lie in a

prohibited area.

(b)

Karst terrain. No area within the permit boundary of a new MSWLF shall be in a location that

is both:

(1)

within a locally fractured or cavernous limestone or cherty limestone bedrock; and

(2)

within five miles of any water well owned by a rural water district that is used or has the

potential to be used to provide water to customers of the district.

(c)

Earthquake epicenter areas. Except as provided for in 27A O.S. § 2-10-501(D)(3), no area

within the permit boundary of a new land disposal facility accepting NHIW shall be located within

five miles of a known epicenter of an earthquake of more than 4.0 on the Richter Scale, or a number

V on the modified Mercalli Scale, as recorded by the Oklahoma Geological Survey.

(d)

Asbestos monofill. No area within the permit boundary of a new asbestos monofill shall be

located:

(1)

within five hundred (500) yards of an occupied residence; or

(2)

within three (3) miles of the corporate boundaries of any city or town.

252:515-5-52. Restrictions on location of waste management and disposal areas

(a)

Utility/transmission lines. A minimum horizontal separation of twenty-five feet (25') shall be

maintained between all waste management and disposal areas of a land disposal facility and any

above-ground or underground pipeline or transmission line. Information on the locations and

owners of all such lines and easements shall be provided to the DEQ.

(b)

Fault areas.

(1)

Prohibition. Except as provided in (2) of this Subsection, no new waste management or

disposal areas of a land disposal facility shall be located within 200 feet of a fault that has had

displacement in Holocene time.

(2)

Exception. This restriction maybe waived upon successful demonstration that an

alternative setback distance will prevent damage to the structural integrity of the disposal cells

and will be protective of human health and the environment.

(c)

Seismic impact zones.

(1)

Prohibition. Except as provided in (2) of this Subsection or 27A O.S. § 2-10-501(D)(3), no

new waste management or disposal areas of a land disposal facility shall be located in a seismic

impact zone.

(2)

Exception. This restriction may be waived upon successful demonstration that all

containment structures, including liners, leachate collection systems, and surface water control

systems, are designed to resist the maximum horizontal and vertical displacement in lithified

earth material for the site.

(d)

Unstable areas. Except as provided in (2) of this Subsection, no new waste management or

disposal areas of a land disposal facility shall be located over a subsurface mining area or any other

unstable area.

(1)

Considerations. At a minimum, the following factors must be considered to determine

whether an area is unstable:

(A)

on-site or local soil conditions that may result in significant differential settling;

(B)

on-site or local geological or geomorphological features; and

(C)

on-site or local human-made features or events (both surface and subsurface).

(2)

Exception. This restriction may be waived upon successful demonstration that engineering

measures have been incorporated into the design to ensure the integrity of all structural

components will not be compromised.

(e)

Airports. Except as provided in (2) of this Subsection, if any waste management or disposal

area of a new land disposal facility, or expansion of waste management or disposal areas of an

existing land disposal facility, is to be located within 10,000 feet of any airport runway end used by

turbojet aircraft or within 5,000 feet of any airport runway end used by only piston-type aircraft, a

demonstration that the facility will not pose a bird hazard to aircraft shall be provided to the DEQ.

(1)

Federal Aviation Administration (FAA) notification.

(A)

Active land disposal facilities. If any waste management or disposal areas of a new

land disposal facility, or expansion of waste management or disposal areas of an active land

disposal facility, will be located within a 5-mile radius of any airport runway end used by

turbojet or piston-type aircraft, the affected airport and the FAA must be notified and proof

of such notification provided to the DEQ.

(B)

New land disposal facilities. If any portion of the permit boundary of a new land

disposal facility accepting putrescible waste will be located within 6 miles of the property

boundary of any public airport that has received federal grant funds under 49 U.S.C. 47101

and is primarily served by general aviation aircraft and regularly scheduled flights of aircraft

designed for 60 passengers or less, the applicant must demonstrate compliance with the

requirements of FAA Advisory Circular 150/5200-34, published August 26, 2000.

(2)

Exceptions. This Subsection does not apply to C&D or NHIW landfills.

SUBCHAPTER 7. SUBSURFACE INVESTIGATION

PART 1. GENERAL PROVISIONS

Section

252:515-7-1. Applicability

252:515-7-2. General

252:515-7-3. Compliance with OWRB rules

252:515-7-4. Drilling plan

252:515-7-5. Drilling

PART 3. DATA COLLECTION

252:515-7-31. Data collection

252:515-7-32. Borehole logs

252:515-7-33. Lithologic sample logs

252:515-7-34. Geophysical logs

252:515-7-35. Soil and rock sampling

252:515-7-36. Soil tests

252:515-7-37. Soils report

252:515-7-38. Regional hydrogeologic study

PART 5. GROUNDWATER STUDY

252:515-7-51. General

252:515-7-52. Piezometers required

252:515-7-53. Piezometer details

252:515-7-54. Groundwater elevation measurements

252:515-7-55. Area rainfall

252:515-7-56. Shallow saturated zone investigation

PART 7. SURFACE PENETRATION PLUGGING

252:515-7-71. Plugging requirements

PART 1. GENERAL PROVISIONS

252:515-7-1. Applicability

(a)

Land disposal facilities. A subsurface investigation meeting the requirements of this

Subchapter shall be completed prior to submitting a permit application for:

(1)

a new land disposal facility; or

(2)

an expansion of waste disposal boundaries of an existing land disposal facility.

(b)

Other solid waste disposal facilities. A subsurface investigation meeting the requirements of

this Subchapter shall be performed at other solid waste disposal facilities if the DEQ has determined

groundwater may be affected due to the presence of the facility.

(c)

Part of permit application. The results from the subsurface investigation shall be included as

part of the permit application.

(d)

Exception. Except as provided by OAC 252:515-7-2(c) (relating to verification of previously

submitted data), a permit modification to expand waste disposal boundaries may not require a

subsurface investigation if the proposed expansion area has already had a subsurface investigation

performed that meets the requirements of this Subchapter.

252:515-7-2. General

(a)

Purpose and design. The subsurface investigation shall:

(1)

be performed to determine the location of the uppermost saturated zone(s); and

(2)

be designed to protect all saturated zones encountered while drilling.

(b)

Methods. Dry methods of subsurface exploration, such as auger, air rotary, or cable tool, shall

be used. Other methods may be approved by the DEQ on a case-by-case basis.

(c)

Verification of previously submitted data. When a significant period of time has elapsed

between the initial investigation and actual construction that there is a reasonable likelihood

subsurface conditions have changed, the DEQ may require verification of data contained in a

previously submitted subsurface investigation.

252:515-7-3. Compliance with OWRB rules

All monitoring wells, borings, and/or piezometers shall be constructed and/or plugged in

accordance with the applicable requirements of the OWRB at OAC 785:35.

(1)

Flush mounting prohibited. Flush-mounting of monitoring wells and piezometers is

prohibited.

(2)

Multi-zone completions prohibited. Multi-zone completions of monitoring wells and

piezometers are prohibited.

(3)

Notch. The well casing of monitoring wells shall be notched to mark the point of

measurement for groundwater elevation.

(4)

Latitude, longitude, surface elevation. Latitude, longitude, and surface elevation,

measured by a licensed surveyor, shall be permanently marked on the protective casing of each

monitoring well.

252:515-7-4. Drilling plan

(a)

Drilling plan required. Prior to initiating the subsurface investigation, a drilling plan meeting

the requirements of this Section shall be submitted to the DEQ for approval.

(1)

Drilling plan revisions. New hydrogeologic information collected as the investigation

proceeds shall be used to revise the drilling plan and disposal facility design as necessary.

(2)

DEQ approval required. Drilling shall not begin until the drilling plan has been approved

in writing by the DEQ.

(b)

Drilling plan content. The drilling plan shall include the following information at a minimum:

(1)

the name, address, and telephone number of the owner/operator, the consulting firm, and the

person in charge of the project;

(2)

the following maps and drawings:

(A)

general location map, flood plain map, and quadrangle topographic map in accordance

with OAC 252:515-3-52 through 54;

(B)

existing contour map in accordance with OAC 252:515-3-55, showing the locations,

estimated elevations and total depths of any proposed or existing borings on the site;

(C)

site specific maps showing any wetlands, fault areas, seismic impact zones, and

alluvium or terrace deposits and their recharge areas; and

(D)

drawings of proposed piezometers and/or monitoring wells to demonstrate their

construction will be in accordance with the requirements of the OWRB(see OAC

252:515-7- 3);

(3)

the locations of borings to be completed in accordance with the following:

(A)

borings shall be spaced on a grid, or an alternative spacing approved in advance by the

DEQ;

(B)

for an area consisting of five acres or less, a minimum of four borings within the

proposed permit boundary shall be completed on a new site or within the expansion area of

an existing site;

(C)

for areas larger than five acres, additional borings shall be placed in accordance with

Appendix D;

(D)

with prior approval of the DEQ, up to one-fourth of required borings maybe replaced

with existing borings located within 200 feet of the proposed boundary;

(E)

the DEQ may require more borings at sites with complex hydrogeology, such as

groundwater divides, shallow saturated zones, or hydraulic barriers; and

(4)

the depths of borings to be completed as follows:

(A)

all borings shall be drilled a minimum of thirty feet below the deepest proposed

placement of waste, the elevation of which shall be reported in relation to mean sea level.

A borehole depth calculation shall be completed for each boring in accordance with

Appendix E;

(B)

at least three borings shall be drilled two hundred feet deep or a minimum of ten feet into

the uppermost saturated zone, whichever is less, in accordance with Appendix D;

(C)

at least one boring shall be drilled to a depth of 100 feet, regardless of the depth at

which groundwater is encountered.

252:515-7-5. Drilling

(a)

Notice of intent to drill. After DEQ approval of the drilling plan, the DEQ shall be provided

with written notice of intent to drill at least two (2) weeks prior to initiating drilling.

(b)

Drilling. Provided proper notification is given to the DEQ, drilling may proceed in accordance

with the approved plan even if a representative of the DEQ is not present as scheduled.

(c)

Qualified groundwater scientist. A qualified groundwater scientist shall supervise all drilling

operations.

PART 3. DATA COLLECTION

252:515-7-31. Data collection

The information described in this Part shall be collected during the subsurface investigation and

submitted as part of the permit application.

252:515-7-32. Borehole logs

(a)

Information shall be collected to prepare a lithologic sample log of each borehole drilled and a

geophysical log of each borehole to be converted to a piezometer.

(b)

All pertinent information, such as the depth at which water was encountered, shall be included

on the log.

(c)

Depth of water in boreholes shall be measured at the time of drilling and again 24 hours later.

252:515-7-33. Lithologic sample logs

Lithologic sample logs shall be made for each borehole for its entire depth. Each log shall

include the following information:

(1)

geotechnical information about drilling, such as penetration rates, hydraulic conductivity

test intervals and results, and drill bit changes;

(2)

identification of all soil and rock layers encountered during drilling describing:

(A)

color, texture, thickness, degree of compaction or consolidation and amount of

moisture present in each layer;

(B)

soil classifications based on the Unified Soil Classification System along with the

geological classification; and

(C)

rock classifications as defined in the American Geological Institute Dictionary of

Geological Terms; and

(3)

the depths at which groundwater was encountered and stabilized groundwater elevations.

252:515-7-34. Geophysical logs

(a)

Minimum number. For waste disposal areas of 20 acres or less, at least three boreholes shall

be logged by geophysical tools, one of which must be run on the deepest drilled borehole.

(b)

Additional logs.

(1)

For each additional 20 acres of waste disposal area, one additional borehole shall be logged

by geophysical tools.

(2)

In geologically complex areas, the DEQ may require additional boreholes.

(c)

Logging method. Geophysical logs shall be obtained using:

(1)

gamma ray/neutron logs from total depth to the surface in either open hole or behind casing;

(2)

alternative geophysical logs approved by the DEQ if it provides equivalent information.

252:515-7-35. Soil and rock sampling

(a)

Sample collection. For each borehole drilled, soil and rock samples shall be collected at five-

foot intervals, and at soil or rock changes, from the surface to the total depth drilled.

(b)

Sample storage. Samples shall be stored until final action on the permit application is taken by

the DEQ.

(c)

Sampling methods. Drilling techniques and the types of samples to be collected shall

determine the method of sampling.

(1)

Split-barrel. Split-barrel samples shall be taken according to the specifications of ASTM

D1586.

(2)

Core barrel. Consolidated rock samples shall be taken by core barrel according to the

specifications of ASTM D2113.

(3)

Thin-walled tube. When soil samples of silts and clays are required for physical tests, thin-

walled tube samples shall be taken according to the specifications of ASTM D1587.

(4)

Other methods. Other sampling methods may be approved in advance by the DEQ on a

case-by-case basis.

252:515-7-36. Soil tests

Soils proposed to be used as liner or intermediate or final cover material shall be tested as

follows:

(1)

Sample collection. At least one sample shall be collected for each type of material proposed

for use as liner or intermediate or final cover material.

(2)

Laboratory requirement. The soil samples shall be tested by a soils laboratory under the

direction of a licensed professional engineer.

(3)

Required tests. The following tests shall be conducted on each type of soil sampled:

(A)

soil classification according to the specifications of ASTM D2487;

(B)

particle-size analysis of soil according to the specifications of ASTM D422;

(C)

sieve analysis for the following screen sizes: #4, #10, #40, #200;

(D)

percent fines (#200 sieve) according to the specifications of ASTM D1140;

(E)

Atterberg limits according to the specifications of ASTM D4318;

(F)

moisture content according to the specifications of either the oven drying method of

ASTM D2216 or the microwave drying method of ASTM D4643;

(G)

moisture-density relationship according to the specifications of the standard proctor test

of ASTM D698 or the modified proctor test of ASTM D1557; and

(H)

hydraulic conductivity according to the specifications of ASTM D5084 or any other

method approved by the DEQ.

252:515-7-37. Soils report

A laboratory report of the characteristics of soil and rock material proposed for liner or

intermediate or final cover material shall be submitted.

(1)

PE certification. The report shall be stamped or sealed by the licensed professional

engineer directing the soils laboratory; and

(2)

Report requirements. The report shall include all test results, the type of test used, the

method of testing and the condition, preparation, and orientation of each sample.

252:515-7-38. Regional hydrogeologic study

Information on the geology and hydrogeology of the proposed site or expansion area shall be

collected. Such information shall, at a minimum, include:

(1)

the formation underlying the deepest formation penetrated by the boreholes and/or monitor

wells;

(2)

all formations exposed in the outcrop on or within 1/4 mile of the proposed permitted

boundary;

(3)

a geologic column and structural information of all rock formations occurring from surface

to a depth of 500 feet;

(4)

a regional surface geological map;

(5)

illustrations of the regional stratigraphic column and geologic or hydrogeologic cross-

sections;

(6)

a description of regional groundwater quality; and

(7)

references indicating the sources of information.

PART 5. GROUNDWATER STUDY

252:515-7-51. General

(a)

Groundwater study required. A groundwater study completed in accordance with this Part

shall be performed as part of the subsurface investigation required by this Subchapter, and the results

included with the permit application.

(b)

As-built drawings required. As-built drawings, surveyed locations, and casing elevations of

each piezometer installed shall be included with the permit application.

252:515-7-52. Piezometers required

Boreholes and screens shall be installed in the uppermost saturated zone at locations approved

by the DEQ so that data collected will be representative of the entire site or expansion area.

252:515-7-53. Piezometer details

(a)

Minimum number. For waste disposal areas of 20 acres or less, at least three piezometers shall

be installed.

(b)

Additional piezometers.

(1)

For each additional 20 acres of waste disposal area, one additional piezometer shall be

installed.

(2)

In geologically complex areas, the installation of additional piezometers may be required.

(c)

Piezometer construction. In addition to the requirements of OAC 252:515-7-3, piezometer

construction shall include the following.

(1)

Casing material. The casing must be made of material selected according to groundwater

geochemistry, anticipated lifetime of the monitoring program, well depth, parameters to be

monitored and other site specific considerations.

(2)

Rigidity. The casing must be rigid enough to support the borehole and shall have a

protective cap over the bottom end.

(3)

Unconfined aquifer. For an unconfined aquifer, the tops of screens shall be placed at, or

no more than two feet above, the water table, and the screen shall extend into the saturated zone.

(4)

Confined aquifer. For a confined aquifer, screens shall be placed in the saturated zone.

(5)

Screen length. Screens shall be 5 feet in length, unless otherwise approved by the DEQ.

(d)

Conversion of piezometers to monitoring wells. If any piezometers are to be converted to

groundwater monitoring wells, the piezometers must be converted to meet the standards of the

OWRB (see OAC 252:515-7-3).

252:515-7-54. Groundwater elevation measurements

(a)

Groundwater/waste separation. The minimum distance between the highest groundwater

elevation and the lowest elevation at which waste will be placed shall be determined.

(b)

Continuous water level monitoring. A continuous water level monitor system shall be

installed in at least one piezometer that has water in it. Water levels in all other piezometers shall

be monitored once each month for 12 months at approximately the same date each month.

(c)

Measurements after heavy rainfall. If significant changes in the water level in the continuous

monitor are identified following heavy rainfall events, the DEQ may require additional

measurements in other piezometers to further define the level of highest groundwater elevation.

(d)

Method defined. The elevation of groundwater in piezometers and monitor wells shall be

measured according to the specifications of ASTM D4750.

252:515-7-55. Area rainfall

(a)

Rainfall measurements. Daily and monthly precipitation data shall be obtained from the

climatological station closest to the proposed site or expansion area, for the months in which the on-

site measurements were taken and for the preceding 12 months.

(b)

Average rainfall. CLIMOCS shall be used to obtain the 30-year mean precipitation from the

climatological station closest to the proposed site or expansion area.

252:515-7-56. Shallow saturated zone investigation

(a)

Shallow saturated zone encountered. If a saturated zone is encountered above the depth where

groundwater was anticipated, drilling shall cease and the following actions taken:

(1)

note on the borehole lithologic sample log, the initial depth at which the shallow zone was

encountered;

(2)

install and screen a piezometer in the shallow zone; and

(3)

drill a new boring, to the original proposed total depth, within ten feet of the piezometer.

(b)

Additional shallow zones encountered. If a shallow saturated zone is encountered in the next

three adjacent borehole locations in the approved drilling plan:

(1)

the drilling plan and preliminary landfill design shall be revised to take into consideration

the shallow water table;

(2)

the subsurface investigation shall be updated and revised as hydrogeologic information

(3)

becomes available; and

(4)

a revised drilling plan shall be submitted to the DEQ for approval, with explanation of any

changes made to the original plan.

PART 7. SURFACE PENETRATION PLUGGING

252:515-7-71. Plugging requirements

(a)

Boreholes. Unless it is to be converted to a piezometer or monitor well within thirty days of

drilling, all boreholes shall be plugged in accordance with the requirements of the OWRB (see OAC

252:515-7-3).

(b)

Piezometers and monitoring wells. All piezometers and monitoring wells that will not

become part of the groundwater monitoring system shall be plugged according to the

requirements of the OWRB (see OAC 252:515-7-3).

(c)

Other subsurface penetrations. All water wells, oil and gas wells and other borings located

within the proposed disposal boundary shall be plugged if they will not be utilized.

(d)

Casing extraction. The casing of monitoring wells and piezometers shall be extracted prior to

plugging.

(1)

Piezometers. The surface seal and casing shall be removed from the borehole and a tremie

pipe shall be used to fill the hole from the bottom to four feet (4') below ground surface.

(2)

Monitoring wells.

(A)

The protective bollards and concrete pad shall be removed.

(B)

The surface seal and well casing shall be removed by perforating the bottom cap and

filling the casing with appropriate plugging material as the casing is being pulled from the

borehole, or the casing may be extracted by over-drilling.

(e)

Alternative. In areas where all or part of the well's casing and other components of the well

cannot be removed and plugged in accordance with this Part, the DEQ may allow the placement of

a cement-bentonite grout inside the wells casing, from the bottom of the well to the ground surface.

In this event, the owner/operator must demonstrate that the annular seal is adequately sealed and

must submit documentation, prior to plugging the well, that demonstrates removal of all or part of

the well's casing and other components.

SUBCHAPTER 9. GROUNDWATER MONITORING/CORRECTIVE ACTION

Section

252:515-9-1. Applicability

252:515-9-2. Purpose

PART 1. GENERAL PROVISIONS

252:515-9-3. General requirements

252:515-9-4. General location considerations

252:515-9-5. Monitoring well number and location

252:515-9-6. Monitoring well construction and plugging

252:515-9-7. Performance levels

PART 3. BACKGROUND WATER QUALITY

252:515-9-31. Background water quality

PART 5. STATISTICAL METHOD

252:515-9-51. Applicability

252:515-9-52. Statistical analysis plan

252:515-9-53. Statistical method performance standards

252:515-9-54. Approved statistical methods

PART 7. DETECTION MONITORING

252:515-9-71. Detection monitoring required

252:515-9-72. Revisions to monitoring constituents

252:515-9-73. Monitoring frequency

252:515-9-74. Statistical analysis

PART 9. ASSESSMENT MONITORING

252:515-9-91. Assessment monitoring required

252:515-9-92. Assessment monitoring frequency

252:515-9-93. Required constituents

252:515-9-94. Minimum number of samples

252:515-9-95. Actions required

252:515-9-96. Groundwater protection standard

PART 11. ASSESSMENT OF CORRECTIVE MEASURES

252:515-9-111. Assessment of corrective measures required

252:515-9-112. Continued monitoring

252:515-9-113. Public notice

PART 13. SELECTION OF REMEDY

252:515-9-131. Proposed remedy

252:515-9-132. Remedy requirements

252:515-9-133. No action

252:515-9-134. Other measures

252:515-9-135. Financial assurance

PART 15. IMPLEMENTATION OF CORRECTIVE ACTION

252:515-9-151. Required actions for implementation of corrective action

252:515-9-152. Interim measures

252:515-9-153. Management of wastes generated

252:515-9-154. Compliance cannot be achieved

252:515-9-155. Remedies complete

252:515-9-156. Certification of completion

PART 1. GENERAL PROVISIONS

252:515-9-1. Applicability

(a)

New and active land disposal facilities. The requirements of this Subchapter apply to all new

and active land disposal facilities throughout the active life and post-closure monitoring period.

(b)

Closed land disposal facilities. Land disposal facilities in the post-closure monitoring period

on the effective date of this Chapter shall remain subject to the groundwater monitoring program

specified by the permit and the rules in effect at the time the facility entered post-closure. However

such facilities may be required to comply with Parts 9 through 15 of this Subchapter if it has been

determined groundwater may be affected by the presence of the facility.

(c)

Solid waste disposal facilities without groundwater monitoring. The DEQ may require

compliance with this Subchapter for a solid waste disposal facility that does not have a groundwater

monitoring program if it determines groundwater maybe affected due to the presence of the facility.

252:515-9-2. Purpose

A groundwater monitoring system shall be installed that will yield groundwater samples from

the uppermost aquifer that:

(1)

represent the quality of background groundwater that has not been affected by the disposal

facility; and

(2)

represent the quality of groundwater that has passed underneath the disposal facility.

252:515-9-3. General requirements

(a)

DEQ approval required. A groundwater sampling and analysis program shall be submitted to

the DEQ for approval.

(b)

Requirements. The program shall:

(1)

identify the number, spacing, depths, locations, design, installation, development, and

decommission of any monitoring wells, piezometers, and other measurement, sampling, and

analytical devices;

(2)

include procedures and techniques for sample collection, sample preservation and

shipment, analytical procedures, chain of custody control, and quality assurance and quality

control;

(3)

include sampling and analytical methods which are appropriate for groundwater sampling

and which accurately measure hazardous constituents and other monitoring parameters in

groundwater samples; and

(4)

ensure sampling procedures and frequencies are protective of human health and the

environment.

(c)

Filtering prohibition. Groundwater samples shall not be filtered in the field or in the lab prior

to laboratory analysis.

(d)

Groundwater elevation. Each time groundwater is sampled, the rate and direction of

groundwater flow shall be determined by measuring and recording the groundwater elevation in

each groundwater monitoring well immediately prior to purging.

(e)

Submittal of data to DEQ. All groundwater monitoring data required by this Subchapter shall

be submitted to the DEQ in a format prescribed by the DEQ, which may include electronic

submittals.

252:515-9-4. General location considerations

(a)

Groundwater monitoring wells shall be installed on land owned or leased by the owner/operator

and at a distance of no more than 150 meters from the boundaries of waste disposal. The following

shall be considered when determining the location for the monitoring wells:

(1)

the hydrogeologic characteristics of the facility and surrounding land;

(2)

the volume and physical and chemical characteristics of the leachate;

(3)

the quantity, quality, and direction, of flow of groundwater;

(4)

the proximity and withdrawal rate of the groundwater users;

(5)

the availability of alternative drinking water supplies;

(6)

the existing quality of the groundwater, including other sources of contamination and their

cumulative impacts on the groundwater, and whether the groundwater is currently used or

reasonably expected to be used for drinking water; and

(7)

public health, safety, and welfare effects.

(b)

The highest groundwater contour map prepared in accordance with OAC 252:515-3-74 shall be

used to assist in placement of the groundwater monitoring wells.

252:515-9-5. Monitoring well number and location

(a)

Site-specific considerations. A thorough characterization of the following shall be submitted

with the permit application to support the number, spacing, and depths of monitoring wells

proposed:

(1)

Aquifer thickness, ground water flow rate, ground water flow direction including seasonal

and temporal fluctuations in groundwater flow; and

(2)

saturated and unsaturated geologic units and fill materials overlying the uppermost aquifer,

materials comprising the uppermost aquifer, and materials comprising the confining unit

defining the lower boundary of the uppermost aquifer; including, but not limited to:

thicknesses, stratigraphy, lithology, hydraulic conductivities, porosities and effective

porosities.

(b)

Minimum number. The minimum number of groundwater monitoring wells to be installed

shall be as follows.

(1)

Land disposal facilities. Except as provided in (2) of this Subsection, all land disposal

facilities shall be equipped with at least one monitoring well located hydraulically upgradient of

the disposal facility, and three located hydraulically downgradient of the disposal facility.

(2)

C&D landfills. C&D landfills shall be equipped with at least one monitoring well located

hydraulically upgradient of the disposal facility, and two located hydraulically downgradient of

the disposal facility.

(3)

Additional wells. The installation of additional monitoring wells may be required to

adequately monitor groundwater in areas of complex hydrogeology.

(c)

Alternative upgradient. The use of wells that are not hydraulically upgradient of the waste

management area may be approved when:

(1)

hydrogeologic conditions do not allow the owner/operator to determine what wells are

hydraulically upgradient; or

(2)

sampling at other wells will provide an indication of background groundwater quality that

is as representative or more representative than that provided by the upgradient wells.

252:515-9-6. Monitoring well construction and plugging

Groundwater monitoring wells shall be constructed and/or plugged in accordance with the

requirements of the OWRB (see 252:515-7-3).

252:515-9-7. Performance levels

The monitoring wells, piezometers, and other measurement, sampling, and analytical devices

must be operated and maintained so that they perform to design specifications throughout the life

of the monitoring program.

PART 3. BACKGROUND WATER QUALITY

252:515-9-31. Background water quality

(a)

[RESERVED]

(b)

New facilities, with exception.

(1)

Except as provided for in (2) of this Subsection, monitoring wells installed at new land

disposal facilities shall be sampled quarterly for at least one full year and be consistent with the

appropriate statistical procedures and performance standards in the facility statistical analysis

plan in 9-52 of this Subchapter, to determine background water quality before waste may be

deposited at the facility.

(2)

The quarterly background water quality determination at new C&D landfills shall begin no

later than thirty (30) days after the initial receipt of waste.

(c)

New groundwater monitoring wells. Unless otherwise approved by the DEQ, new

groundwater monitoring wells installed after the effective date of this Chapter shall be sampled

quarterly for one full year and be consistent with the appropriate statistical procedures and

performance standards in the facility statistical analysis plan in 9-52 of this Subchapter to

establish background water quality.

(d)

Required parameters.

(1)

MSWLFs. MSWLFs shall, as a minimum, be monitored for:

(A)

the following groundwater quality constituents: pH, chemical oxygen demand,

specific conductivity, chloride, sulfate, calcium, magnesium, nitrates, sodium, carbonates,

potassium; and

(B)

those constituents in Appendix A of this Chapter.

(2)

C&D landfills. C&D landfills shall, as a minimum, be monitored for the following

groundwater quality constituents: pH, chemical oxygen demand, and specific conductivity.

(3)

NHIW landfills. NHIW landfills shall, as a minimum, be monitored for:

(A)

the following groundwater quality constituents: pH, chemical oxygen demand,

specific conductivity, chloride, sulfate, calcium, magnesium, nitrates, sodium, carbonates,

potassium; and

(B)

other parameters specified in the permit, based on the types of wastes to be disposed.

(4)

Other land disposal facilities. Other land disposal facilities shall comply with the

groundwater monitoring requirements for MSWLFs.

PART 5. STATISTICAL METHOD

252:515-9-51. Applicability

This Part applies to all land disposal facilities, except C&D landfills.

252:515-9-52. Statistical analysis plan

A statistical analysis plan shall be approved by the DEQ before entering into detection

monitoring.

252:515-9-53 . Statistical method performance standards

Any statistical method chosen shall comply with the following performance standards, as

appropriate.

(1)

Distribution of parameters. The statistical method used to evaluate groundwater

monitoring data shall be appropriate for the distribution of chemical parameters or hazardous

constituents.

(A)

If the distribution of the chemical parameters or hazardous constituents is shown to be

inappropriate for a normal theory test, then the data should be transformed or a

distribution-free theory test should be used.

(B)

If the distributions for the constituents differ, more than one statistical method may be

needed.

(2)

Type I error level. If an individual well comparison procedure is used to compare an

individual compliance well constituent concentration with background constituent

concentrations or a groundwater protection standard, the test shall be done at a Type I error

level no less than

1.1 for each testing period.

(A)

If a multiple comparisons procedure is used, the Type I experiment wise error rate for

each testing period shall be no less than 0.05; however, the Type I error of no less than 0.01

for individual well comparisons must be maintained.

(B)

This performance standard does not apply to tolerance intervals, prediction intervals, or

control charts.

(3)

Control chart approach.

(A)

If a control chart approach is used to evaluate groundwater monitoring data, the

specific type of control chart and its associated parameter values shall be protective of

human health and the environment.

(B)

The parameters shall be determined after considering the number of samples in the

background data base, the data distribution, and the range of the concentration values for

each constituent of concern.

(4)

Tolerance or prediction interval.

(A)

If a tolerance interval or a prediction interval is used to evaluate groundwater

monitoring data, the levels of confidence and, for tolerance intervals, the percentage of the

population that the interval must contain, shall be protective of human health and the

environment.

(B)

These parameters shall be determined after considering the number of samples in the

background data base, the data distribution, and the range of the concentration values for

each constituent of concern.

(5)

Below detection limits.

(A)

The statistical method shall account for data below the limit of detection with one or

more statistical procedures that are protective of human health and the environment.

(B)

Any practical quantitation limit that is used in the statistical method shall be the lowest

concentration level that can be reliably achieved within specified limits of precision and

accuracy during routine laboratory operating conditions that are available to the facility.

(6)

Variability. If necessary, the statistical method shall include procedures to control or

correct for seasonal and spatial variability as well as temporal correlation in the data.

252:515-9-54. Approved statistical methods

One of the following statistical methods shall be used to evaluate groundwater monitoring data

for each chemical parameter and hazardous constituent:

(1)

a parametric analysis of variance (ANOVA) followed by multiple comparisons procedures

to identify statistically significant evidence of contamination. The method must include

estimation and testing of the contrasts between each compliance well's mean and the

background mean levels for each constituent;

(2)

an ANOVA based on ranks followed by multiple comparisons procedures to identify

statistically significant evidence of contamination. The method must include estimation and

testing of the contrasts between each compliance well's median and the background median

levels for each constituent;

(3)

a tolerance or prediction interval procedure in which an interval for each constituent is

established from the distribution of the back ground data, and the level of each constituent in

each compliance well is compared to the upper tolerance or prediction limit;

(4)

a control chart approach that gives control limits for each constituent; or

(5)

another statistical test method may be approved by the DEQ if it meets the performance

standards of OAC 252:515-9-53.

PART 7. DETECTION MONITORING

252:515-9-71. Detection monitoring required

Upon completion of background monitoring, detection monitoring shall begin for the

constituents listed in OAC 252:515-9-31(d), unless alternative constituents are approved in

accordance with OAC 252:515-9-72.

252:515-9-72. Revisions to monitoring constituents

(a)

Groundwater quality constituents. During detection monitoring, the DEQ may approve an

alternativelistofgroundwaterqualityconstituentsuponsuccessfuldemonstrationthatthealternative

list of constituents will detect changes in groundwater quality due to the presence of the facility.

(b)

Volatile and semi-volatile organics. During detection monitoring, the DEQ may approve

deletion of any of the volatile or semi-volatile organic constituents of the approved groundwater

monitoring program upon successful demonstration that the removed constituents are not

reasonably expected to be in or derived from the waste contained in the site.

(c)

Heavy metals. During detection monitoring, the DEQ may approve the use of an alternative list

of indicator constituents, in lieu of some or all of the heavy metal constituents of the approved

groundwater monitoring program, if the alternative constituents provide a reliable indication of

inorganic releases from the disposal facility to the groundwater. The use of an alternative of

indicator constituents shall be based on:

(1)

the types, quantities, and concentrations of constituents in wastes managed at the facility;

(2)

the mobility, stability, and persistence of waste constituents or their reaction products in the

unsaturated zone beneath the facility;

(3)

the detectability of indicator parameters, waste constituents, and reaction products in the

ground water; and

(4)

the concentration or values and coefficients of variation of monitoring constituents in the

groundwater background.

252:515-9-73. Monitoring frequency

(a)

Semi-annual monitoring required. Groundwater from each monitoring well shall be sampled

and analyzed at least semi-annually during the active life of the facility and any required post-closure

monitoring period.

(b)

Alternative frequency authorized. The DEQ may, on a case-by-case basis, approve

alternative sampling and analysis frequencies in the approved detection monitoring program.

(1)

All constituents. An alternative frequency for repeated sampling and analysis for all

constituents may be approved. The following shall be considered:

(A)

lithology of the aquifer and unsaturated zone;

(B)

hydraulic conductivity of the aquifer and unsaturated zone;

(C)

groundwater flow rates;

(D)

minimum distance between upgradient edge of the facility unit and downgradient

monitoring well screen; and

(E)

resource value of the aquifer.

(2)

Individual constituents. An alternative sampling and analysis frequency for one or more

individual constituents may be approved. In addition to the considerations of (1) of this

Subsection, the following shall be considered:

(A)

the mobility, stability, and persistence of the constituents or their reaction/degradation

products in the unsaturated zone beneath the disposal facility;

(B)

the detectability of the waste constituents, and reaction/degradation products in the

groundwater; and

(C)

the concentration or values and coefficients of variation of the constituents in the

groundwater background.

(c)

Minimum alternative monitoring frequency. Alternative detection monitoring frequencies

shall not be less than annual during the active life, but may be less than annual during the post-

closure monitoring period.

252:515-9-74. Statistical analysis

(a)

60-day deadline. Except as provided for in (f) of this Section, within 60 days after sampling:

(1)

a statistical analysis shall be performed on the groundwater monitoring results to determine

whether there has been a statistically significant increase over background values at each

monitoring well; and

(2)

the groundwater monitoring results and the results of the statistical evaluation shall be

submitted to the DEQ.

(b)

Inter-well comparison. The groundwater quality of each chemical parameter or hazardous

constituent at each monitoring well shall be compared to the background value of that constituent

in the upgradient well, according to the specified statistical procedures and performance standards.

(c)

Intra-well comparison. If a statistically significant increase over background values in any

parameter or constituent is evident, the groundwater quality of each parameter or constituent at each

monitoring well shall be compared to the background value of that parameter or constituent in the

same well, according to the specified statistical procedures and performance standards.

(d)

Statistically significant increase. If there is a statistically significant increase over background

for one or more of the constituents at any monitoring well, the owner/operator:

(1)

must notify the DEQ in writing within 14 days of the determination, and place a notice in the

operating record indicating which constituents have shown statistically significant changes

from background levels; and

(2)

must establish an assessment monitoring program meeting the requirements of Part 9 of this

Subchapter within 90 days of the determination, and have the assessment monitoring program

approved by the DEQ; or

(3)

may, during the 90-day development of an assessment monitoring program, demonstrate

that a source other than the facility caused the contamination or that the statistically significant

increase resulted from error in sampling, analysis, statistical evaluation, or natural variation in

groundwater quality. A report documenting this demonstration shall be submitted to the DEQ

for approval.

(A)

If a successful demonstration is approved by the DEQ, detection monitoring shall

continue.

(B)

If at the end of the 90-day period, a successful demonstration is not made, the

assessment monitoring program must be initiated.

(e)

Extension allowed. Upon written request from the owner/operator, the DEQ may extend the

90-day deadline of (d)(3) of this Section for good cause shown.

(f)

C&D landfills. In lieu of meeting the requirements of this Section, cumulative analysis data for

the constituents in the approved groundwater monitoring program shall be submitted for each

ground water monitoring well at C&D landfills throughout the detection monitoring period. The

data shall be submitted to the DEQ within 60 days of sampling and presented in tabular or graphical

form for trend analysis.

PART 9. ASSESSMENT MONITORING

252:515-9-91. Assessment monitoring required

(a)

Land disposal facilities. Except as provided in (b) of this Section, an approved assessment

monitoring program meeting the requirements of this Part must be initiated whenever a confirmed

statistically significant increase over background has been detected for one or more of the

constituents analyzed in the detection monitoring program.

(b)

C&D landfills. An approved assessment monitoring program meeting the requirements of this

Part must be initiated whenever trend analysis demonstrates a significant increase over background

for one or more of the constituents analyzed in the detection monitoring program.

252:515-9-92. Assessment monitoring frequency

The DEQ shall specify the frequency of sampling events in the assessment monitoring

program, but in no case shall the frequency be less than annually.

252:515-9-93. Required constituents

(a)

Groundwater shall be sampled and analyzed for the groundwater quality constituents of

252:515- 9-31(d) as well as all constituents identified in Appendix C of this Chapter.

(b)

The DEQ may approve requests to reduce or modify the constituents to be analyzed during the

assessment monitoring program. Constituents shall not be reduced or modified until approved by

the DEQ.

252:515-9-94. Minimum number of samples

(a)

Minimum requirements. Groundwater samples shall be collected and analyzed as follows:

(1)

during each sampling event, one sample from each downgradient well; and

(2)

a minimum of four quarterly samples over one full year, or a number and frequency

consistent with the appropriate statistical procedures and performance standards in the facility

statistical analysis plan in 9-52 of this Subchapter, from each upgradient and downgradient

well to establish background (unless already established) for any Appendix C constituents

detected.

(b)

Subset of wells. The DEQ may specify a subset of wells to be sampled and analyzed during

assessment monitoring.

252:515-9-95. Actions required

(a)

Initial actions. After obtaining the results from the initial or subsequent sampling events

required by this Part, the owner/operator must:

(1)

within 14 days, notify the DEQ in writing, and place a notice in the operating record,

identifying the constituents that have been detected;

(2)

within 90 days, and on at least a semi-annual basis thereafter:

(A)

resample all wells;

(B)

conduct analyses for all constituents in the detection monitoring program and any

other constituents specified by the DEQ in accordance with OAC 252:515-9-93;

(C)

notify the DEQ in writing and record the concentrations in the operating record; and

(D)

establish background concentrations for any constituents detected pursuant to OAC

252:515-9-93 or (B) of this paragraph.

(b)

Concentrations below background. If the concentration of all assessment monitoring

constituents is at or below background values for two consecutive sampling events, using the

approved statistical procedure, the owner/operator must notify the DEQ in writing of this finding

and, upon approval of the DEQ, may return to detection monitoring.

(c)

Concentration above groundwater protection standard. If one or more assessment

monitoring constituents are detected at statistically significant levels above the groundwater

protection standard of 252:515-9-96 in any sampling event, the owner/operator shall, within 14 days

of this finding:

(1)

notify the DEQ in writing and place a notice in the operating record identifying the

constituents that have exceeded the background levels;

(2)

by certified mail, return receipt requested, notify all persons who own the land or minerals

or who reside on the land that directly overlies any part of the plume of contamination and within

one year time of travel if contaminants have migrated off-site;

(3)

submit for DEQ approval, a proposed plan and schedule for analyzing the environmental

release from the facility and for developing appropriate corrective action;

(4)

submit to the DEQ a copy of the notice given pursuant to (2) of this Subsection, a list of the

persons notified, a cadastral (property ownership) map and a mineral ownership map;

(5)

characterize the nature and extent of the release by installing additional monitoring wells as

necessary; and

(6)

initiate an assessment of corrective measures within 90 days.

(d)

Other source or error. During the 90 day period provided for in (c)(6) of this Section, a

demonstration may be made that a source other than the facility caused the contamination, or that

the statistically significant increase resulted from error in sampling, analysis, statistical evaluation,

or natural variation in groundwater quality.

(1)

Report required. A report, certified by a qualified ground water scientist, shall be

submitted to the DEQ to document this demonstration. Such report shall be approved by the

DEQ and a copy of the approved report shall be placed in the operating record.

(2)

Continue monitoring. If a successful demonstration is made, monitoring in accordance

with this Part must continue. Upon approval of the DEQ, detection monitoring maybe resumed

if the constituents listed in Appendix C of this Chapter are at or below background.

(3)

Comply. Until a successful demonstration is made, the owner/operator must comply with

the requirements of this Part and initiate an assessment of corrective measures.

252:515-9-96. Groundwater protection standard

(a)

MCL established. The maximum contaminant level (MCL) promulgated under the Safe

Drinking Water Act shall be the groundwater protection standard for each Appendix A and C

constituent detected in the groundwater.

(b)

MCL not established. If MCL has not been established under the Safe Drinking Water Act for

a particular constituent, the background level of the constituent shall be the groundwater protection

standard.

(c)

Background above MCL. If background level of a particular constituent is above the

established MCL, or appropriate health-based levels if no MCL has been established, the

background level shall be the groundwater protection standard.

(1)

Published health-based level. For the purposes of this Subsection, the health-based level

is a concentration that would result in an increased risk of no greater than 1 x 10

-5

for

carcinogens or a Hazard Index of < 1 for non-carcinogens as calculated by procedures

specified in the most recent health-based levels publication by the

(2)

Health-based level not listed. The DEQ shall be consulted if a health-based level is not

listed for a particular constituent.

PART 11. ASSESSMENT OF CORRECTIVE MEASURES

252:515-9-111. Assessment of corrective measures required

(a)

Initiation. Assessment of corrective measures must be initiated within 90 days of finding that

any of the constituents monitored in the assessment monitoring program have been detected at a

statistically significant level exceeding the groundwater protection standards.

(b)

Completion. The assessment of corrective measures must be completed within a reasonable

period of time as determined by the DEQ.

252:515-9-112. Continued monitoring

During the assessment of corrective measures, monitoring in accordance with the approved

assessment monitoring program must continue.

252:515-9-113. Public notice

(a)

Public meeting required. Prior to the selection of a remedy, the results of the corrective

measures assessment must be discussed in a public meeting.

(b)

Mail notifications required. By certified mail, return receipt requested, notice of the public

meeting shall be given at least 30 calendar days prior to the date of the meeting to the following:

(1)

all persons who own the land or minerals or who reside on the land that directly overlies any

part of the plume of contamination and within one year time of travel if contaminants have

migrated off-site; and

(2)

boards of County Commissioners, incorporated municipalities, rural water districts and

conservation districts within a three-mile radius of the facility.

(c)

Publication of notice. Legal notice of the public meeting shall be published at least 10 calendar

days prior to the date of the meeting in accordance with forms and instructions provided by the DEQ.

(d)

Copies to DEQ. Prior to the public meeting, the DEQ shall be provided with:

(1)

an affidavit from the publisher (accompanied by a copy of the published notice), showing

the date of publication;

(2)

copies of certified mail receipts for those persons identified in (b) of this Section; and

(3)

a cadastral (property ownership) map and a mineral ownership map covering the area within

a two (2) mile radius of the facility.

PART 13. SELECTION OF REMEDY

252:515-9-131. Proposed remedy

Within 60 days of the public meeting, and based on the results of the corrective measures

assessment, a proposed remedy shall be submitted to the DEQ for approval and a copy of the

proposed and approved remedies placed in the operating record.

252:515-9-132. Remedy requirements

The proposed remedy must:

(1)

be protective of human health and the environment;

(2)

attain the groundwater protection standard of OAC 252:515-9-96;

(3)

control the source(s) of releases to reduce or eliminate, to the maximum extent

practicable, further releases of the constituents into the environment; and

(4)

include a schedule for initiating and completing remedial activities. Such a schedule

must require the initiation of remedial activities within a reasonable period of time as

determined by the DEQ.

252:515-9-133. No action

The DEQ may approve a recommendation that no action is necessary if it can be demonstrated

that:

(1)

the groundwater is also contaminated by substances that have originated from a source other

than the facility and those substances are present in concentrations such that cleanup of the

release from the facility would provide no significant reduction in risk to actual or potential

receptors;

(2)

the contaminated groundwater:

(A)

is not currently or reasonably expected to be a useable source of water; and

(B)

is not hydraulically connected with waters to which the hazardous constituents are

migrating, or are likely to migrate, in concentrations that would exceed the groundwater

protection standards;

(3)

remediation of the release is technically impracticable; or

(4)

remediation would result in unacceptable cross-media impacts.

252:515-9-134. Other measures

In the event the DEQ approves a no-action recommendation, source control or other measures

may be required to eliminate or minimize further releases to the groundwater, to prevent exposure

to the ground water, or to remediate the ground water to concentrations that are technically

practicable and significantly reduce threats to human health or the environment.

252:515-9-135. Financial assurance

Financial assurance shall be established in accordance with OAC 252:515-27-2(b).

PART 15. IMPLEMENTATION OF CORRECTIVE ACTION

252:515-9-151. Required actions for implementation of corrective action

Based on the schedule for remedial activities approved in accordance with OAC 252:515-9-

132(4):

(1)

a groundwater monitoring program must be established and implemented as specified by the

DEQ;

(2)

the corrective action remedy selected must be implemented;

(3)

interim measures necessary to ensure the protection of human health and the environment

must be taken; and

(4)

alternate measures for control, removal or decontamination of the sources of contamination

must be implemented.

252:515-9-152. Interim measures

(a)

Objectives and performance. The interim measures required by OAC 252:515-9-151(3)

should, to the greatest extent practicable, be consistent with the objectives of and contribute to the

performance of any remedy that may be required by the DEQ.

(b)

Considerations. Interim measures taken shall take into consideration:

(1)

the time required to develop and implement a final remedy;

(2)

actual or potential exposure of nearby populations or environmental receptors to hazardous

constituents;

(3)

actual or potential contamination of drinking water supplies or sensitive ecosystems;

(4)

further degradation of the groundwater that may occur if remedial action is not initiated

expeditiously;

(5)

weather conditions that may cause hazardous constituents to migrate or be released;

(6)

risks of fire or explosion, or potential for exposure to hazardous constituents as a result of

an accident or failure of a container or handling system; and

(7)

other situations that may pose threats to human health and the environment.

252:515-9-153. Management of wastes generated

Solid wastes generated pursuant to the implementation of a remedy shall be managed in

accordance with the NHIW management requirements of Subchapter 31 of this Chapter, or the

hazardous waste management requirements of OAC 252:205 if they are hazardous.

252:515-9-154. Compliance cannot be achieved

If compliance with the remedy requirements of OAC 252:515-9-132 cannot be practically

achieved with any currently available methods:

(1)

a certification from a qualified groundwater scientist stating such shall be submitted to the

DEQ for approval;

(2)

proposed alternative methods shall be submitted to the DEQ in writing within 14 days of

certification by the qualified groundwater scientist, and a copy placed in the operating record;

and

(3)

alternate measures approved by the DEQ shall be implemented to control exposure of

humans or the environment to residual contamination.

252:515-9-155. Remedies complete

The remedies shall be considered complete when the groundwater monitoring program

demonstrates, for three consecutive years, that the groundwater has been remediated in accordance

with the levels approved in the corrective action plan and when all actions required to complete the

remedy have been satisfied.

252:515-9-156. Certification of completion

Upon completion of the remedy, a certification that the remedy has been completed in

compliance with the requirements of this Part must be submitted to the DEQ. Such certification

must be signed by the owner/operator and by a qualified groundwater scientist, and approved by the

DEQ.

SUBCHAPTER 11. LINER DESIGN

PART 1. GENERAL PROVISIONS

Section

252:515-11-1. Applicability

252:515-11-2. Liner design

252:515-11-3. Separation from groundwater

252:515-11-4. Quality assurance/quality control (QA/QC)

252:515-11-5. Notification of construction

252:515-11-6. Liner Installation and Testing (LIT) report

252:515-11-7. DEQ authorization required

PART 3. RECONSTRUCTED CLAY LINER

252:515-11-31. Liner construction standards

252:515-11-32. Preconstruction tests

252:515-11-33. Liner soil standards

252:515-11-34. Subgrade preparation

252:515-11-35. Construction

252:515-11-36. Construction tests

252:515-11-37. Verification tests

252:515-11-38. Repair and/or replacement

252:515-11-39. Liner protection

PART 5. FLEXIBLE MEMBRANE LINER

252:515-11-51. FML materials

252:515-11-52. QA/QC plan

252:515-11-53. FML care

252:515-11-54. Anchor trench construction

252:515-11-55. Reconstructed clay liner

252:515-11-56. Notification of installation

252:515-11-57. FML installation

252:515-11-58. Field seam tests

252:515-11-59. Protection of FML

252:515-11-60. Quality assurance

PART 7. IN-SITU LINER

252:515-11-71. Liner construction standards

252:515-11-72. Soil classification tests

252:515-11-73. Post excavation/pre-disposal tests

252:515-11-74. Plugging boreholes

252:515-11-75. Protective layer

252:515-11-76. Failure

PART 1. GENERAL PROVISIONS

252:515-11-1. Applicability

This Subchapter applies to all land disposal facilities.

252:515-11-2. Liner design

(a)

C&D landfills. Waste disposal areas of new C&D landfills, and expansions of waste disposal

areas of existing C&D landfills constructed after the effective date of this Chapter, shall, as a

minimum, be constructed with:

(1)

a reconstructed clay liner meeting the requirements of Part 3 of this Subchapter; or

(2)

an in-situ liner meeting the requirements of Part 7 of this Subchapter.

(b)

MSWLFs, NHIW landfills and other land disposal facilities. The following shall be

constructed with a composite liner composed of a reconstructed clay liner meeting the requirements

of Part 3 of this Subchapter overlain with a flexible membrane liner (FML) meeting the

requirements of Part 5 of this Subchapter:

(1)

waste disposal areas of new MSWLFs, NHIW landfills and other land disposal facilities; and

(2)

waste disposal areas of active MSWLFs, NHIW landfills and other land disposal facilities

constructed after the effective date of this Chapter.

(c)

Alternative liner designs for MSWLFs, NHIW landfills and other land disposal facilities.

(1)

An alternative liner design for MSWLFs, NHIW landfills and other land disposal facilities

maybe approved by the DEQ if it ensures the concentration values listed in Appendix B will not

be exceeded in the groundwater monitoring system.

(2)

Requests for alternative liner designs shall include:

(A)

the hydrogeologic characteristics of the site and surrounding land;

(B)

the climatic factors of the area;

(C)

the volume, physical and chemical characteristics of the anticipated leachate;

(D)

information on slope stability; and

(E)

the nature and anticipated volume of waste to be disposed.

(d)

Small MSWLF exemption. MSWLFs that receive less than 20 tons of solid waste daily, based

on an annual average, and with no evidence of groundwater contamination may be constructed with

a less stringent alternative liner design, subject to DEQ approval.

(1)

Climatological conditions. The area to be served by the MSWLF must have no practicable

waste management alternative and the MSWLF must be located in an area that annually receives

less than or equal to 25 inches of precipitation.

(2)

Waste management plan. A waste management plan to guarantee that entities using the

MSWLF will institute programs to reduce toxicity of the solid waste to be disposed must be

developed.

(3)

Waste diversion and recycling. The waste management plan must at least include yard

waste diversion and composting, paper recycling, and waste oil recycling.

252:515-11-3. Separation from groundwater

(a)

All land disposal facilities. Liner systems shall be designed and constructed to maintain a

minimum five-foot vertical separation between the highest ground water elevation and the lower

most surface on which waste, including leachate, will be placed.

(b)

C&D landfills with in-situ liners. C&D landfills utilizing an in-situ liner shall be designed to

maintain a minimum fifteen-foot vertical separation between the highest groundwater elevation and

the lowermost surface on which waste will be placed.

252:515-11-4. Quality assurance/quality control (QA/QC)

(a)

Plan required. A QA/QC plan shall be included in the permit application to demonstrate the

liner system will be installed in accordance with this Subchapter and the approved design plans. The

plan shall include all information required for the applicable liner design, placement, construction,

and testing.

(1)

QA/QC plan technical information. The QA/QC plan shall ensure compliance with this

Subchapter and contain the information on pages 1 through 173, inclusive, of EPA Technical

Guidance Document: Quality Assurance and Quality Control for Waste Containment Facilities

(EPA/600/R-93/182), September, 1993.

(2)

QA/QC plan revisions. Prior to construction of a disposal cell, the owner/operator must

review the QA/QC plan and, if necessary, revise the plan to ensure liner design and construction

will be in accordance with the minimum requirements of this Subchapter.

(b)

QA/QC required. QA and QC shall be conducted during all phases of construction of the liner

system.

(c)

Independent third-party oversight. A qualified party who is not an employee of the

owner/operator or the construction company shall conduct QA and be present during each phase of

liner construction.

252:515-11-5. Notification of construction

(a)

Notification required. The DEQ shall be notified at least two weeks before liner construction

begins. The notification shall:

(1)

define the area to be constructed;

(2)

include the names of the contractors and the QA and QC officials; and

(3)

include results of the pre-construction tests identified in OAC 252:515-11-32(a) when

constructing a reconstructed clay liner.

(b)

Pre-construction meeting. A pre-construction meeting shall be held at the facility with the

design engineer and QA and QC officials before liner construction begins. The DEQ shall be

notified at least 48 hours in advance of the meeting.

252:515-11-6. Liner Installation and Testing (LIT) report

(a)

LIT report. At the conclusion of liner construction, an LIT report shall be submitted to the DEQ

to document the liner system was installed in accordance with the requirements of this Subchapter

and the approved plans.

(b)

LIT report details. The report shall include:

(1)

summaries of all construction activities;

(2)

testing data sheets and summaries;

(3)

changes from design and material specifications; and

(4)

all QA/QC documentation.

(c)

DEQ approval required. The LIT report must be approved by the DEQ and a copy of the

approved LIT report placed in the facility operating record.

252:515-11-7. DEQ authorization required

Waste shall not be placed on a new liner system until the DEQ inspects the liner system and

provides written authorization to commence disposal.

PART 3. RECONSTRUCTED CLAY LINER

252:515-11-31. Liner construction standards

(a)

MSWLFs, NHIW landfills and other land disposal facilities. The reconstructed clay liner

portion of the composite liner system must:

(1)

be at least two feet thick with a hydraulic conductivity no greater than 1.0 x 10

-7

cm/sec; and

(2)

meet the requirements of and be constructed in accordance with this Part and the approved

QA/QC plan.

(b)

C&D landfills. A reconstructed clay liner installed at a C&D landfill must:

(1)

be at least three feet thick with a hydraulic conductivity no greater than 1.0 x 10

-5

cm/sec; and

(2)

meet the requirements of and be constructed in accordance with this Part and the approved

QA/QC plan.

252:515-11-32. Preconstruction tests

(a)

Required tests. The following tests are required on all soils to be used in liner construction.

(1)

soil classification (ASTM D2487);

(2)

particle-size analysis of soil (ASTM D422);

(3)

sieve analysis for the following screens: #4, #10, #40, #200;

(4)

percent fines (#200 sieve) (ASTM D1140);

(5)

Atterberg limits (ASTM D4318);

(6)

moisture content using:

(A)

the oven drying method (ASTM D2216); or

(B)

the microwave drying method (ASTM D4643);

(7)

moisture-density relationship, using either:

(A)

the standard proctor density (ASTM D698); or

(B)

the modified proctor density (ASTM D1557);

(8)

hydraulic conductivity using ASTM D5084 or any other method approved by the DEQ.

(b)

Sampling frequency. One composite sample shall be taken for every 10,000 cubic yards of

soil, or more frequently if visual observations indicate a change in material characteristics.

(c)

Test results. All laboratory test results shall state the type of tests used, the method of testing

and the condition, preparation and orientation of each sample.

(d)

Information required. The information required by this Section shall be included in the LIT

report.

252:515-11-33. Liner soil standards

Soils shall meet a majority of the following standards. Minor deviations may be proposed so

long as the hydraulic conductivity standard in OAC 252:515-11-31 is satisfied.

(1)

Plasticity index (ASTM D4318). Plasticity index shall be greater than or equal to 10%.

(2)

Liquid limit (ASTM D4318). Liquid limit shall be greater than or equal to 24%.

(3)

Percent fines (ASTM D422). Percent fines passing #200 mesh sieve shall be greater than

or equal to 30%.

(4)

Gravel amount (ASTM D422). The amount of gravel (dry-weight percentage retained on

the No. 4 sieve) shall be less than or equal to 20%.

(5)

Particle size. Particle size shall be less than one inch in diameter.

(6)

Water content. After the soil is compacted, the water content of the soil shall be equal to

or greater than optimum.

(7)

Soil density. After the soil is compacted, the minimum density of the soil shall be greater

than or equal to:

(A)

95% of the standard proctor density (ASTM D698); or

(B)

90% of the modified proctor density (ASTM D1557).

252:515-11-34. Subgrade preparation

The upper six inches of the surface on which the liner is to be placed must be compacted to a

minimum standard proctor density (ASTM D698) of 90%.

252:515-11-35. Construction

(a)

Internal side slopes. The internal side slopes of disposal areas to be lined with an FML must

be no steeper than 3:1 unless slope stability calculations support an alternative design.

(b)

Moisture content. If it is necessary to moisten the soil to meet the requirements of 252:515-11-

33(6), the water shall be distributed equally throughout the lift. Moisture tests shall be performed

after the water has absorbed into the clay.

(c)

Placement and compaction. The liner shall be constructed in the following manner:

(1)

scarify the surface on which the lift is to be placed to a nominal depth of approximately one

inch;

(2)

place a lift of soil at a loose depth of nine inches (9") or less;

(3)

compact and remold the lift to a depth of six inches (6") or less with a heavy-footed roller

equipped with feet that fully penetrate the loose lift of soil;

(4)

remove all rocks, cobbles, roots and other foreign objects over one inch in diameter, as well

as all surface rocks regardless of size if an FML is to be laid;

(5)

inspect for flaws, cracks and other defects; and

(6)

make needed repairs.

252:515-11-36. Construction tests

(a)

During liner construction, moisture and density tests shall be performed on each compacted lift

at a rate of at least three per acre for each approximately six-inch compacted lift. A minimum of two

tests shall be performed on the bottom and one on side slope areas.

(b)

One of the following methods shall be used:

(1)

nuclear density method using (ASTM D2922), to include the conventional oven drying

method (ASTM D2216) performed on every ten samples;

(2)

drive-cylinder method (ASTM D2937);

(3)

rubber balloon method (ASTM D2167);

(4)

sand-cone method (ASTM D1556);

(5)

microwave drying method (ASTM D4643); or

(6)

conventional oven drying method (ASTM D2216).

252:515-11-37. Verification tests

(a)

Verification of thickness. After installation, liner thickness shall be verified on a 100-foot grid.

(b)

Visual inspection. The liner shall be visually inspected to evaluate its integrity.

(c)

Hydraulic conductivity. Hydraulic conductivity tests shall be performed in the top 12 inches

of the finished liner.

(1)

Locations. At least one test per acre shall be performed on the side slopes and two per acre

on the bottom, at DEQ approved locations.

(2)

Test methods. Tests shall be conducted using one of the following methods:

(A)

laboratory testing of soil samples using ASTM D5084. Soil samples for an in-situ

laboratory test shall be retrieved in accordance with ASTM D1587;

(B)

field testing using the sealed double ring infiltrometer test (ASTM D5093); or

(C)

any other method approved in advance by the DEQ.

(d)

Information required. The results from (a) through (c) of this Section shall be verified by the

QA officer and included in the LIT report.

252:515-11-38. Repair and/or replacement

If the liner fails any tests, it shall be repaired or replaced and retested. All repairs shall be

certified by the QA officer and documented in the LIT report.

252:515-11-39. Liner protection

(a)

General requirements. After the liner is constructed, it shall be protected from desiccation,

cracking, frost damage or damage from equipment.

(b)

MSWLF, NHIW, and other land disposal facilities. After construction, the QA officer shall

certify that the moisture content of OAC 252:515-11-33(6) was maintained in the liner until

placement of the FML.

(c)

C&D landfills. After construction, the liner shall be protected bya 12-inch soil protective layer.

The QA officer shall certify that the moisture content of OAC 252:515-11-33(6) was maintained in

the liner until placement of the protective cover.

PART 5. FLEXIBLE MEMBRANE LINER

252:515-11-51. FML materials

(a)

Materials. The FML shall be manufactured of first-quality resin, compounded and

manufactured specifically for the purpose intended.

(b)

Defects. The FML shall be free of holes, blisters, undispersed raw materials or any sign of

contamination by foreign matter. Any defect shall be repaired in accordance with manufacturer's

recommendations.

(c)

Thickness. The FML thickness shall be determined considering the manufacturer's allowable

tensile strength and tear and puncture resistance of the liner material, the maximum potential height

of the waste pile, and the anticipated compacted waste density (lb/ft

or lb/yd

(1)

A safety factor of two shall be used in this determination.

(2)

The thickness shall be no less than 60 mils for HDPE and 30 mils for other types of FMLs.

(3)

The DEQ may require a thicker FML to resist various stresses.

(d)

Chemical compatibility. The FML shall be chemically resistant to organic and inorganic

chemicals in the wastes proposed to be disposed. Chemical resistance shall be determined in

accordance with EPA Test Method 9090, Compatibility Test for Wastes and Membrane Liners.

252:515-11-52. QA/QC plan

The following information shall be provided in the QA/QC plan for FMLs:

(1)

manufacturer's written instructions for the storage, handling, installation, and seaming of the

FML, including relevant warranty conditions; and

(2)

a narrative description of any variations from the manufacturer's written instructions

proposed by the owner/operator.

252:515-11-53. FML care

(a)

Handling. The FML must be handled in a manner to minimize wrinkles and compensate for

those that cannot be prevented. The following must be prevented:

(1)

damage by such activities as handling, traffic, smoking, and use of equipment and tools;

(2)

scratching or crimping of panels during unrolling;

(3)

damage of the underlying liner; and

(4)

uplifting of in-place panels by the wind.

(b)

Storage. The FML shall be stored in a location where standing water cannot accumulate and the

possibility of puncture is minimized.

(c)

Ultraviolet (UV) protection. The FML must be protected from UV light unless treated for

resistance. Exposure times to UV must be consistent with the manufacturer's recommendations.

252:515-11-54. Anchor trench construction

(a)

Length of runout. The length of runout and the depth of the anchor trench must be designed

for the thickness and allowable stress of the FML.

(b)

Construction details required. Anchor trench details shall be provided on maps and/or

drawings as required in Subchapter 3 of this Chapter.

252:515-11-55. Reconstructed clay liner

(a)

Requirements. The reconstructed clay liner on which the FML is installed must:

(1)

be of uniform grade with no ruts; and

(2)

meet the liner construction requirements of OAC 252:515-11-35(c)(4).

(b)

Daily certification. Prior to placement of the FML, the QA officer shall certify daily that the

reconstructed clay liner meets:

(1)

the moisture requirements of Part 3 of this Subchapter and the QA/QC plan; and

(2)

the requirements of (a) of this Section.

252:515-11-56. Notification of installation

(a)

QA certification required. Installation of the FML shall not begin until the QA officer certifies

that all required reconstructed clay liner tests have been completed for the area on which the FML

is to be laid.

(b)

DEQ notification required. The DEQ shall be notified at least 48 hours before installation of

the FML.

252:515-11-57. FML installation

(a)

Handling. The FML must be handled to avoid bridging or stressed conditions in the material.

(b)

Slack allowance. Slack allowance shall be provided to allow for shrinkage during installation.

(c)

Placement. The FML shall be installed in direct and uniform contact with the reconstructed clay

liner.

(d)

Temperature. The FML shall be seamed only when the ambient air temperature is between 40

F and 104

F, unless pre-construction weld tests for the seaming demonstrate adequate results at

other temperatures.

(e)

Wind and rain. The FML shall not be installed when there is excessive moisture or wind.

(f)

Overlap. Panels shall have a minimum four-inch finished seam overlap, unless the

manufacturer specifies a larger overlap.

(g)

Orientation of seams. Seams shall be oriented down the slope, not across it.

(h)

Field seam restrictions. In corners and odd-shaped geometric locations, the number of field

seams shall be minimized.

(1)

No base T-seam shall be closer than five feet to the toe of the slope.

(2)

Seams shall be aligned with the least possible number of wrinkles and fish mouths.

(3)

If a fish mouth is found, it shall be relieved and cap-stripped.

(4)

Field seaming must be performed by a hot shoe fusion welder, an extrusion welder, or an

alternative method approved by the DEQ prior to use in the field.

(i)

Ancillary penetrations. Pipes, gas vents, manholes, sumps or other objects that may penetrate

the liner must be connected to the liner material in a way that prevents leakage and unnecessary

stresses.

252:515-11-58. Field seam tests

(a)

Frequency. The installer shall make a trial weld at the beginning of every day and every five

working hours. Each seamer shall make at least one trial seam per day for each seaming device used

during that day. Additional trial seams may be required.

(b)

Non-destructive tests. The installer shall perform vacuum, pressure or air lance tests over the

full length of all field seams. Vacuum tests must be observed for a minimum of five seconds.

(c)

Destructive seam laboratory tests. Samples of field welds shall be collected at least every 500

feet for laboratory destructive testing. Tests to be completed include:

(1)

shear test by method ASTM D882; and

(2)

peel test by method ASTM D413, or equivalent.

(d)

Repairs. All holes in the FML resulting from destructive seam sampling shall be repaired. Non-

destructive tests must be performed on all repairs.

252:515-11-59. Protection of FML

(a)

Equipment. Equipment shall not be driven on the FML unless such equipment is specifically

designed for FML installation.

(b)

Material placement. Drainage layer or protective cover material shall not be pushed across the

FML during placement.

252:515-11-60. Quality assurance

Before the drainage layer material of the leachate collection system is placed over the FML, all

destructive and non-destructive testing must be completed and approved by the QA officer.

PART 7. IN-SITU LINER

252:515-11-71. Liner construction standards

(a)

Thickness and permeability. An in-situ liner installed at a C&D landfill must:

(1)

be at least five feet thick with a hydraulic conductivity no greater than 1.0 x 10

-5

cm/sec; and

(2)

meet the requirements of and be constructed in accordance with this Part and the approved

QA/QC plan.

(b)

Verification of soils. Sufficient types and numbers of borings, excavations and tests shall be

conducted to assure that the in-situ materials will meet the thickness and permeability requirements

of (a)(1) of this Section for the bottom and sides of the disposal area.

252:515-11-72. Soil classification tests

(a)

Soil testing required. Soils to be used as in-situ liner material shall be tested in accordance with

252:515-11-32.

(b)

Hydraulic conductivity requirements. At least three hydraulic conductivity tests shall be

performed per acre on soil samples for each classified soil/rock layer that will form the sides and

bottom of the proposed disposal area.

(c)

Use of soil test results. The results of the tests required in this Section shall be used to establish

the design excavation depths for the landfill. The proposed excavation depths shall be depicted on

the cross sections.

252:515-11-73. Post excavation/pre-disposal tests

(a)

Visual inspection. After excavation and prior to disposal, a qualified soils scientist, engineer

or geologist shall perform a visual inspection of the disposal area floor to:

(1)

locate any cracks, joints, fractures, roots, exposures or other physical phenomena that might

indicate areas more permeable than allowed; and

(2)

locate the areas for the post excavation tests that follow.

(b)

Thickness and integrity testing. A minimum of five continuous core samples per acre shall

be collected to a depth of five feet below the top of the in-situ liner.

(1)

A qualified soil scientist, engineer or geologist shall describe the soil types and check for

uniformity.

(2)

If variations are noted in the core samples, permeability testing must be performed on

undisturbed samples of each soil type.

(c)

Top of liner tests. The following tests must be performed on the top of the proposed liner:

(1)

at least five natural or in-place moisture and density tests per acre; and

(2)

in locations approved by the DEQ, at least three density tests per acre on the sides and

bottom of the liner on samples of each soil layer.

252:515-11-74. Plugging boreholes

All boreholes must be plugged with pelletized or chipped bentonite and rehydrated after the core

sampling is completed.

252:515-11-75. Protective layer

Upon completion of construction or excavation, the in-situ liner must be covered with a 12-inch

soil protective layer and maintained to minimize desiccation.

252:515-11-76. Failure

If any areas fail to meet the permeability requirements, a reconstructed clay liner, or an

alternative liner meeting the requirements of this Subchapter, must be installed.

SUBCHAPTER 13. LEACHATE COLLECTION AND MANAGEMENT

PART 1. GENERAL PROVISIONS

Section

252:515-13-1. Applicability, with exceptions

252:515-13-2. Corrective action required

PART 3. DESIGN

252:515-13-31. Leachate collection system design

252:515-13-32. Piping network

252:515-13-33. Drainage and protective layer

252:515-13-34. Leachate collection system cleanout and maintenance

252:515-13-35. Construction report

PART 5. LEACHATE MANAGEMENT

252:515-13-51. Leachate management

252:515-13-52. Storage

252:515-13-53. Recirculation

252:515-13-54. Irrigation

252:515-13-55. POTW

252:515-13-56. Oklahoma Pollutant Discharge Elimination System (OPDES)

252:515-13-57. Other

PART 1. GENERAL PROVISIONS

252:515-13-1. Applicability, with exceptions

(a)

Existing facilities. Existing facilities with a leachate collection system are subject to 252:515-

13-2, 13-34 and Part 5 of this Subchapter.

(b)

New facilities and expansions. Except as provided in (c) and (d) of this Section, this

Subchapter applies to all new land disposal facilities and expansions of waste disposal boundaries

of existing land disposal facilities constructed after the effective date of this Chapter.

(c)

All disposal facilities. All solid waste disposal facilities shall manage leachate in accordance

with the requirements of Part 5 of this Subchapter.

(d)

Exceptions. C&D landfills and composting facilities are not subject to the requirements of

this Subchapter, except for (c) of this Section.

252:515-13-2. Corrective action required

(a)

Corrective action required. In the event the leachate collection system fails to perform as

designed and approved by the DEQ, a corrective action plan shall be submitted to the DEQ within

30 days from the discovery of the failure.

(b)

Implementation. The corrective action plan shall be implemented within 30 days of DEQ

approval.

PART 3. DESIGN

252:515-13-31. Leachate collection system design

(a)

Design plan required. A design plan for a leachate collection system consisting of a piping

network overlain with a drainage layer or a geonet and a protective layer, meeting the requirements

of this Section as well as OAC 252:515-13-32 and 33 shall be included in the permit application.

(b)

Performance standard. Leachate volume shall be estimated, and the leachate collection system

shall be designed to:

(1)

maintain one foot or less of head above the top of the liner; and

(2)

drain leachate toward the perimeter of the disposal area.

(c)

Contents of plan. The plan shall fully describe the design and operation of the leachate

collection system and management of removed leachate, and shall include:

(1)

calculations or demonstrations to show the collection system will adequately dewater the

waste mass and that clogging of the system will not occur;

(2)

a narrative detailing the proposed construction;

(3)

how penetration of the liner will be minimized. If the leachate collection design requires

clean-out or collection pipes to penetrate the geomembrane, the penetration should be designed

and constructed to allow nondestructive quality control testing of 100% of the seal between the

pipe and the geomembrane. Plans for recompaction and testing of the clay liner component that

is penetrated must be provided;

(4)

a method for routine cleaning of the header pipe;

(5)

a listing of materials to be utilized in the construction of the leachate collection system;

(6)

drawings and specifications of the proposed leachate collection and management system at

a scale which clearly shows the following:

(A)

a plan view of the leachate collection system design plotted on a copy of the top of

liner contour map;

(B)

the location of all piping, cleanouts, manholes, sumps, risers, trenches, tanks, pumps,

and other appurtenances;

(C)

the general layout of the collection system with approximate grades; and

(D)

other information as requested by the DEQ;

(7)

a leachate removal system that includes a positive method of leachate extraction in sumps,

manholes and risers in order to remove leachate in excess of the maximum allowable head.

(A)

Valves, ports or appurtenances to introduce biocides and/or cleaning solutions shall be

provided as necessary.

(B)

The DEQ may require automatic and continuous removal of leachate during the active

life if the owner/operator repeatedly fails to maintain one foot or less of head or less on the

liner;

(8)

a description of the QA/QC plan for the system installation, including methods for ensuring

liner integrity if there is a potential the liner will be breached during construction; and

(9)

a description of the method of leachate management pursuant to Part 5 of this Subchapter,

including necessary drawings, calculations, and other pertinent data to demonstrate compliance

with the method(s) selected.

(d)

Construction materials. The leachate collection system shall be constructed from materials

capable of withstanding both chemical attack resulting from the anticipated leachate, and the

maximum overburden anticipated.

(e)

Alternative design. An alternative leachate collection system design may be approved by the

DEQ upon successful demonstration the alternative design meets performance and design standards

of this Part.

252:515-13-32. Piping network

The leachate collection system shall be equipped with a piping network.

(1)

Pipe material. Pipes shall be capable of with standing the maximum overburden

anticipated, and shall be constructed of at least six-inch diameter, schedule 80 PVC, HDPE-

SDR of 11, or an equivalent approved by the DEQ. Piping with lesser strengths may be

acceptable if supporting calculations are provided.

(2)

Perforations. Pipes shall contain a minimum of two (2) rows of perforations no greater than

5/8 inch in diameter.

ipe perforation

all be drilled at an angle be

twe

en 45° and 60° from

the vertical and shall be spaced according to design loading and anticipated volume of leachate.

(3)

Pipes. The piping system shall be designed and installed as follows:

(A)

Orientation. Pipes shall be installed on top of the FML with perforations facing

down.

(B)

Pipe bends. The piping system shall have gradual sweep bends that are tied into one or

more sumps designed to remove collected leachate from the system.

(C)

Pipe slopes. Secondary collection lateral pipes shall maintain adequate slope after

allowances for settlement. Primary centralized removal pipes shall maintain a slope of at

least 0.5% after settlement.

(D)

Spacing. Pipe spacing shall be based on the anticipated volume of leachate.

(E)

Cleanouts. Cleanouts shall be placed so that all collection pipes can be accessed.

(i)

Spacing of cleanouts shall be not exceed 1200 feet or available equipment,

whichever is less. A larger spacing may be proposed if equipment is available that

will accommodate the larger spacing.

(ii)

Cleanouts shall be at least the same diameter as the collection pipe.

(iii)Penetrations of the liner shall be minimized.

(4)

Backfill. Each pipe of the piping network shall be covered with a minimum of twelve inches

(12") of material with a hydraulic conductivity of 1 x 10

-2

cm/sec or greater.

(5)

Geotextile. Backfill around the piping network shall be covered with suitable geotextile

fabric.

252:515-13-33. Drainage and protective layer

(a)

Design standards. The drainage and protective layer shall consist of a minimum of 24 inches

of material that will maintain a liquid head of less than or equal to 12 inches above, and protect, the

underlying FML.

(b)

Geonet. If a geonet is used:

(1)

the hydraulic conductivity of a geonet shall be 1 x 10

-1

cm/sec or greater;

(2)

the geonet shall be placed on the bottom and side slopes of the disposal cell, directly on top

of the geomembrane;

(3)

geotextile fabric shall be placed directly on the geonet; and

(4)

the geonet shall be tied into a removal pipe system designed to meet the standards for

collection pipes.

252:515-13-34. Leachate collection system cleanout and maintenance

(a)

Frequency. The leachate collection header pipes shall be cleaned out after placement of the

protective layer, again after placement of the first lift of waste, and once per year thereafter.

(b)

Routine inspections. The leachate collection system shall be inspected at least quarterly to

ensure proper operation.

252:515-13-35. Construction report

(a)

Report required. A final construction report of the leachate collection system shall be

submitted to the DEQ.

(b)

Report details. The construction report shall include:

(1)

invert elevations to the nearest 0.01 foot at least every 25 feet along each collection pipe,

changes in grade, and at all connections to structures.

(2)

a map showing the locations of system components tied to at least two permanent

monuments;

(3)

the results of storage tank leak detection tests, if applicable;

(4)

any deviations from the approved construction plan made necessary by changes of

circumstances;

(5)

the method for phased tie-in of leachate collection pipes;

(6)

the date and results of the first cleanout of the collection pipes; and

(7)

as constructed drawings, calculations and other pertinent data to demonstrate compliance

with this Part.

(c)

DEQ approval required. The construction report shall be approved by the DEQ before the

placement of waste.

PART 5. LEACHATE MANAGEMENT

252:515-13-51. Leachate management

Leachate shall be managed in accordance with one or more of the methods identified in this Part and

in a manner that will not cause contamination.

252:515-13-52. Storage

(a)

Above-ground tanks. Above-ground storage tanks used to store leachate shall be equipped

with either (a)(1) or (a)(2) below:

(1)

adequate berming to contain the entire contents of the largest tank in the system; and either

(A) a composite liner made of two feet (2') of recompacted clay with the hydraulic

conductivity of 1.0 x 10

-7

cm/sec overlain by a 60 mil HDPE liner; or

(B) a DEQ approved alternative liner that will prevent infiltration of fluid.

(2) a double-walled system with leak detection

(b)

Underground tanks. Underground tanks used to store leachate shall be constructed in

accordance with the most recent requirements for underground storage tank systems published by

13 the Oklahoma Corporation Commission.

(c)

Surface impoundments. A surface impoundment used to store leachate shall have a composite

liner constructed in accordance with (a)(1)(A) or (a)(1)(B) of this Section.

(1)

Run-on control. Surface water run-on control measures shall be provided.

(2)

Freeboard. A minimum three feet of freeboard shall be maintained.

252:515-13-53. Recirculation

(a)

Plan required. Leachate may be recirculated in accordance with a plan approved by the DEQ.

(b)

Location. Recirculation may only occur over areas with a composite liner and leachate

collection system such that all leachate remains on the composite lined cell.

(c)

Testing. At a minimum, the recirculation plan shall contain a routine testing protocol designed

to assess the treatment effectiveness of the recirculation program.

(d)

DEQ approval required. Leachate may not be recirculated until the recirculation plan has

been approved by the DEQ.

252:515-13-54. Irrigation

(a)

Plan required. Leachate may be used for irrigation in accordance with a plan approved by the

DEQ.

(b)

Use. Leachate may only be used for irrigation of permanent vegetation over previously filled

areas when soil conditions are dry.

(c)

Testing. At a minimum, the plan shall contain a routine testing program designed to ensure that

the leachate will not harm vegetation.

(d)

Application rate. The plan shall describe measures to ensure leachate is applied at appropriate

rates so as to provide water to vegetation while preventing discharges from the facility.

(e)

DEQ approval required. Leachate may not be used for irrigation until the irrigation plan has

been approved by the DEQ.

252:515-13-55. POTW

(a)

POTW approval required. Leachate maybe discharged from the disposal facility into a POTW

provided prior written approval from the POTW has been obtained.

(b)

Additional requirements. Such discharges shall comply with any additional requirements of

the POTW.

(c)

Copy to DEQ. A copy of the POTW approval shall be submitted to the DEQ and placed in the

operating record.

252:515-13-56. Oklahoma Pollutant Discharge Elimination System (OPDES)

(a)

Permit required. Leachate may be discharged from the disposal facility provided an OPDES

permit from the Water Quality Division of the DEQ has been obtained for such discharge.

(b)

Copy of permit. A copy of the OPDES permit shall be maintained in the operating record.

(c)

Comply with permit. Such discharges shall comply with the provisions of the OPDES permit.

252:515-13-57. Other

Plans for alternative methods of leachate management may be approved by the DEQ.

SUBCHAPTER 15. METHANE GAS MONITORING AND CONTROL

Section

252:515-15-1. Applicability

252:515-15-2. Explosive gas control

252:515-15-3. Explosive gas monitoring and analysis

252:515-15-4. Installation of gas monitoring probes

252:515-15-5. Levels exceeding limits detected

252:515-15-1. Applicability

(a)

New and active land disposal facilities. This Subchapter applies to:

(1)

all new and active MSWLFs; and

(2)

other new or active land disposal facilities that receive waste with the potential to generate

explosive gasses, unless a demonstration can be made that the facility will not cause a hazard to

safety or health from explosive gasses throughout the operating life and/or post-closure period.

(b)

Closed land disposal facilities. Land disposal facilities in the post-closure monitoring period

may be required to develop and implement an explosive gas remediation plan meeting some or all

of the requirements of this Subchapter if generation of explosive gasses is shown to create a hazard

to human health or the environment.

252:515-15-2. Explosive gas control

The concentration of methane gas generated by the facility shall not exceed:

(1)

twenty-five percent (25%) of the lower explosive limit for methane in all structures within

the permit boundary (excluding gas control or recovery system components); and

(2)

the lower explosive limit for methane at the permit boundary.

252:515-15-3. Explosive gas monitoring and analysis

(a)

Plan required. An explosive gas monitoring and analysis plan shall be submitted to the DEQ

for approval, to demonstrate how compliance with the methane gas concentrations of OAC

252:515- 15-2 will be ensured. Such plan shall include:

(1)

the installation and/or use of gas monitoring equipment to insure the requirements of OAC

252:515-15-2(1) are met; and

(2)

the installation of gas monitoring probes in accordance with OAC 252:515-15-4 to ensure

the requirements of OAC 252:515-15-2(2) are met; or

(3)

an alternative method to ensure compliance with OAC 252:515-15-2, provided the

alternative is demonstrated to be as effective as the use of gas monitoring equipment, and probes

placed to the deepest placement of waste.

(b)

Type and frequency of monitoring. The type and frequency of monitoring shall be determined

based on soil conditions, the hydrogeologic and hydraulic conditions surrounding the facility, and

the location of structures and permit boundaries.

(c)

Minimum frequency. Explosive gas monitoring in accordance with the approved plan shall be

performed a minimum of once every calendar quarter.

(d)

Calibrated instrument. Sampling shall be conducted with a gas measuring instrument that has

been calibrated immediately prior to beginning each sampling event.

252:515-15-4. Installation of gas monitoring probes

(a)

Construction.

(1)

Gas monitoring probes shall be constructed in accordance with the requirements of the

OWRB (see OAC 252:515-7-3) of a minimum one-inch diameter schedule 40 or 80 polyvinyl

chloride, stainless steel, Teflon or high density polyethylene pipe.

(2)

Gas monitoring probes shall be constructed with a sampling port.

(b)

Location. Gas monitoring probes shall be located no more than 1000 feet apart along the permit

boundary, with the following exceptions.

(1)

Off-site structures. If there are off-site structures located within one-half mile of the

facility permit boundary, the spacing shall be no more than 500 feet between each probe along

the permit boundary on the sides where these structures are located.

(2)

Alternative spacing or locations.

(A)

The DEQ may approve alternative probe spacing or locations if physical impediments

prevent installation along the permit boundary or if other unique physical features at the

facility warrant a revised probe placement strategy.

(B)

A thorough justification for the revised probe placement strategy shall be submitted as

part of the gas monitoring plan required by OAC 252:515-15-3.

(c)

Minimum depth. Gas monitoring probes shall be installed to a minimum depth equivalent to

the deepest placement of waste and be screened for the entire depth of waste.

(d)

As-built drawings. Within 90 days of installation, detailed as-built drawings of the probes shall

be submitted to the DEQ to demonstrate the probes were installed in accordance with this Section.

252:515-15-5. Levels exceeding limits detected

(a)

Explosive gas levels exceeded. During routine explosive gas monitoring, if gas levels exceed

the limits specified in OAC 252:515-15-2, the owner/operator shall:

(1)

immediately take all necessary steps to ensure protection of human health and notify the

DEQ;

(2)

within seven days of detection, submit to the DEQ in writing, the methane gas levels detected

and a description of the steps taken to protect human health;

(3)

within 30 days of detection, submit a remediation plan to the DEQ for approval, describing

the nature and extent of the problem and the proposed remedy; and

(4)

within 60 days of detection, implement the remediation plan.

(A)

The plan may be modified to meet current conditions, with the written approval of the

DEQ.

(B)

The DEQ shall be notified in writing when the remediation plan has been

implemented and a copy placed in the operating record.

(b)

Alternative schedule. The DEQ may establish alternative schedules for demonstrating

compliance with this Section.

SUBCHAPTER 17. STORMWATER MANAGEMENT

Section

252:515-17-1. Applicability

252:515-17-2. Run-on/run-off control systems

252:515-17-3. Discharges

252:515-17-1. Applicability

This Subchapter applies to all solid waste disposal facilities.

252:515-17-2. Run-on/run-off control systems

All active land disposal facilities shall be designed, constructed, and maintained with:

(1)

a run-on control system to prevent flow onto active portions of the facility during the peak

discharge from a 24-hour, 25-year storm; and

(2)

a run-off control system with sufficient capacity to collect and control all contaminated

stormwater resulting from a 24-hour, 25-year storm.

252:515-17-3. Discharges

(a)

All disposal facilities. All solid waste disposal facilities shall be operated to:

(1)

prevent the discharge of contaminated stormwater unless the proper permit is obtained from

the DEQ's Water Quality Division;

(2)

prevent the discharge of pollutants into waters of the United States, including wetlands, that

violates any requirements of the federal Clean Water Act, including, but not limited to, the

Oklahoma Pollutant Discharge Elimination System (OPDES) requirements;

(3)

prevent the discharge of a non-point source of pollution to waters of the United States,

including wetlands, that violates any requirement of an area-wide or State-wide water quality

management plan that has been approved in accordance with the federal Clean Water Act; and

(4)

comply with all requirements of their OPDES permit, if applicable. A copy of the OPDES

permit shall be maintained in the operating record.

(b)

Land disposal facilities. If required by OAC 252:606 (Oklahoma Pollutant Discharge

Elimination System Standards - OPDES), active land disposal facilities shall have:

(1)

a Stormwater Pollution Prevention Plan (SWPPP) and a Sector L General Permit for

Stormwater Discharges. A copy of the SWPPP and Sector L permit shall be maintained in the

operating record; and

(2)

[RESERVED]

SUBCHAPTER 19. OPERATIONAL REQUIREMENTS

PART 1. GENERAL PROVISIONS

Section

252:515-19-1. Applicability

PART 3. OPERATIONAL REQUIREMENTS FOR ALL DISPOSAL FACILITIES

252:515-19-31. Prohibited wastes

252:515-19-32. Public access control

252:515-19-33. Measuring waste

252:515-19-34. Limitations on waste received

252:515-19-35. Litter control

252:515-19-36. Air criteria

252:515-19-37. Disease vector control

252:515-19-38. Placement of waste

252:515-19-39. Salvage and recycling

252:515-19-40. Recordkeeping and reporting

PART 5. COVER AND SOIL BORROW REQUIREMENTS FOR LAND DISPOSAL

FACILITIES

252:515-19-51. Daily cover

252:515-19-52. Intermediate cover

252:515-19-53. Final cover

252:515-19-54. Vegetative cover

252:515-19-55. Soil borrow areas

PART 7. ADDITIONAL OPERATIONAL REQUIREMENTS FOR MSWLFs

252:515-19-71. Bulk liquids

252:515-19-72. Containers

252:515-19-73. Municipal sewage

252:515-19-74. Bulking plan

252:515-19-75. Control of emissions

PART 9. ADDITIONAL OPERATIONAL REQUIREMENTS FOR WASTE

PROCESSING FACILITIES

252:515-19-91. Processing time for putrescible waste

252:515-19-92. Large or bulky items

252:515-19-93. Residue management

PART 11. ADDITIONAL OPERATIONAL REQUIREMENTS FOR SOLID WASTE

COMPOSTING FACILITIES [REVOKED]

252:515-19-111. Acceptable composting materials [REVOKED]

252:515-19-112. Receiving area [REVOKED]

252:515-19-113. Debagging required [REVOKED]

252:515-19-114. Processing area [REVOKED]

252:515-19-115. Processing time [REVOKED]

252:515-19-116. Composting area [REVOKED]

252:515-19-117. Windrow construction [REVOKED]

252:515-19-118. Windrow turning [REVOKED]

252:515-19-119. Invessel composting [REVOKED]

252:515-19-120. Temperature monitoring [REVOKED]

252:515-19-121. Completed process [REVOKED]

252:515-19-122. Curing area and time [REVOKED]

252:515-19-123. Biosolids [REVOKED]

252:515-19-124. Odor control [REVOKED]

252:515-19-125. Other wastes [REVOKED]

252:515-19-126. Recordkeeping [REVOKED]

PART 13. WHEEL WASHES

252:515-19-131. Applicability

252:515-19-132. Eligibility deadlines [REVOKED]

252:515-19-133. Definitions

252:515-19-134. Approved costs [REVOKED] 252:515-

19-135. Disapproved costs [REVOKED] 252:515-19-

136. Reimbursement process [REVOKED]

252:515-19-137. State fiscal limitation on funds [REVOKED]

252:515-19-138. Water management and control

PART 1. GENERAL PROVISIONS

252:515-19-1. Applicability

(a)

Active land disposal facilities. Parts 3, 5 and 13 of this Subchapter apply to all active land

disposal facilities.

(b)

Active MSWLFs. Parts 3, 5, and 7 of this Subchapter apply to all active MSWLFs.

(c)

Active solid waste processing facilities. Parts 3 and 9 of this Subchapter apply to all active

solid waste transfer stations and processing facilities, except used tire facilities, regulated medical

waste processing facilities, and solid waste composting facilities.

(1)

Used Tire facilities. Used Tire facilities are subject to the requirements of Part 3 of this

Subchapter, except OAC 252:515-19-33, as well as Parts 3 and 5 of OAC 252:515-21.

(2)

Regulated medical waste processing facilities. Regulated medical waste processing

facilities are subject to the requirements of Part 3 of this Subchapter as well as Parts 3 and 5

of OAC 252:515-23, as applicable.

(3)

Solid waste composting facilities. Part of this Subchapter applies to all active solid

waste composting facilities, including composting facilities at land disposal facilities, except

those exempted by OAC 252:515-43-31.

(d)

Borrow areas. Off-site soil borrow areas of land disposal facilities are only subject to the

operational requirements of OAC 252:515-19-32, 35, 36, and 55.

PART 3. OPERATIONAL REQUIREMENTS FOR ALL DISPOSAL FACILITIES

252:515-19-31. Prohibited wastes

(a)

Hazardous, radioactive, regulated PCB waste. The disposal of any quantity of hazardous,

radioactive, or regulated polychlorinated biphenyl (PCB) waste at a solid waste disposal facility is

prohibited.

(b)

Regulated medical waste. The disposal of regulated medical waste at a solid waste disposal

facility is prohibited, unless the facility is a permitted regulated medical waste processing facility.

(c)

Asbestos. The disposal of friable asbestos waste at a solid waste disposal facility is prohibited

unless the facility is a MSWLF or NHIW landfill specifically authorized by the permit to accept such

waste.

(d)

NHIW. The disposal of NHIW at a solid waste disposal facility is prohibited, unless specifically

authorized by the permit.

(e)

C&D landfills. The disposal of any waste other than construction/demolition waste at a C&D

landfill is prohibited.

(f)

NHIW landfills. In addition to the prohibitions of (a) through (c) of this Section, the disposal

of any waste not authorized by the permit is prohibited at an NHIW landfill.

(g)

Baled waste, with exception. The disposal of unsorted baled municipal solid waste at a

disposal facility is prohibited. Municipal solid waste sorted for recycling prior to baling or baled on-

site may be disposed of at a disposal facility.

252:515-19-32. Public access control

Artificial and/or natural barriers shall be used to discourage unauthorized traffic and

uncontrolled dumping.

252:515-19-33. Measuring waste

(a)

Land disposal facilities. Except as provided for in (b) of this Section, all waste delivered to and

disposed of at a land disposal facility shall be weighed on certified scales.

(1)

Location. Scales shall be installed on or within five miles of the land disposal facility.

(2)

Annual certification. Scales shall be tested and certified annually in accordance with the

requirements of the Oklahoma Department of Agriculture, Food, and Forestry.

(3)

Scales inoperative. If the scales are inoperative, tonnage shall be estimated on a volume

basis where one cubic yard of solid waste shall be calculated to weigh one-third ton.

(4)

Fees. Solid waste disposal fees shall be collected and remitted to the DEQ in accordance

with 27A O.S. § 2-10-802(B), except for:

(A)

solid waste that is productively reused or recovered in accordance with the facility

permit; or

(B)

solid waste received from emergencies or other special events, with prior approval

from the DEQ.

(5)

Monthly reports. Monthly reports in a format prescribed by the DEQ shall be filed in the

operating record and submitted to the DEQ no later than the 15th of the month following the

reporting month.

(b)

Exception. The requirements of (a) of this Section do not apply to:

(1)

large NHIW generators who operate a landfill solely for waste from that generator, have paid

the fees for the first 10,000 tons of solid waste disposed in the landfill, and have obtained an

exemption certificate from the DEQ; and

(2)

generator owned and operated NHIW monofills.

(c)

Other disposal facilities. All waste received at other solid waste disposal facilities, including

those identified in (b)(2) of this Section, shall be measured, either by weight or by volume (cubic

yards), recorded in the operating record, and made available to the DEQ upon request.

252:515-19-34. Limitations on waste received

(a)

Local area. Except as provided in (b) of this Section, no solid waste disposal facility shall

accept more than 200 tons of waste per day from locations more than 50 miles from the facility,

unless the facility is either:

(1)

a MSWLF constructed with an approved composite liner and leachate collection system

meeting the requirements of this Chapter and operated in full compliance with the requirements

of this Chapter; or

(2)

is any other type of solid waste disposal facility that is designed and constructed in

accordance with the requirements of this Chapter and operated in full compliance with the

requirements of this Chapter.

(b)

Temporary waiver. The DEQ may approve a temporary waiver from (a) of this Section in the

event of an emergency.

(c)

Out-of-state. No solid waste disposal facility shall accept more than 200 tons of waste per day

from outside the State of Oklahoma unless the facility is either:

(1)

a landfill constructed with an approved composite liner and leachate collection system

meeting the requirements of this Chapter; or

(2)

is a non-landfill solid waste disposal facility that is designed and constructed in accordance

with the requirements of this Chapter; and

(3)

has an approved disposal plan meeting the requirements of (d) of this Section; and

(4)

is operated in full compliance with the requirements of this Chapter.

(d)

Disposal plan. The disposal plan identified in (c)(3) of this Section shall identify the types and

sources of waste to be received at the landfill, the amount to be received, transporters to be used, and

any special handling or management practices to be employed for the collection, transportation,

storage, treatment, and disposal of such waste.

(1)

NHIW. If NHIW is to be received, the disposal plan shall also identify the NHIW generators

and demonstrate each has complied with the applicable requirements of Subchapter 31 of this

Chapter.

(2)

Keep current. The disposal plan must be kept current by the person submitting the original

plan.

(3)

Notification of changes. The DEQ shall be notified within five working days before any

changes to the plan are implemented.

(e)

Rejection of waste. Shipments of waste received at the facility shall be rejected if the

requirements of this Section are not met.

(f)

Return of waste. All waste entering the State of Oklahoma that is subsequently rejected in

accordance with(e) of this Section shall be removed from the State by those persons who

transported such waste into the State.

252:515-19-35. Litter control

(a)

Exception. The DEQ may exempt a disposal facility from the requirements of this Section if

all waste managed at the facility is not conducive to wind dispersal.

(b)

Litter control required. Blowing litter shall be controlled by:

(1)

providing litter fences near the working area or by use of a design that prevents blowing

litter;

(2)

ensuring that unloading occurs in a manner that will minimize scattering of refuse;

(3)

posting signage to advise customers to adequately cover their loads to prevent blowing

litter; and

(4)

collecting litter from the site at least weekly, or more often if necessary.

(c)

Land disposal facilities. Approach roadways within one-half mile of land disposal facilities

shall be kept clean from litter.

252:515-19-36. Air criteria

(a)

Comply with Clean Air Act. All disposal facilities shall be operated in compliance with the

Oklahoma Clean Air Act, rules of the Air Quality Division of the DEQ, and any requirements of an

approved State Implementation Plan.

(b)

Open burning prohibited. Open burning of solid waste is prohibited.

(c)

Control dust. All disposal facilities shall be operated to prevent the discharge of any visible

fugitive dust emissions beyond the property boundaries that damage or interfere with the use of

adjacent properties, or to cause air quality standards to be exceeded, or interfere with the

maintenance of air quality standards.

252:515-19-37. Disease vector control

(a)

Exception. A disposal facility receiving only non-putrescible solid waste is not subject to the

requirements of this Section.

(b)

Vector control required. On-site populations of disease vectors shall be controlled using

techniques appropriate for the protection of human health and the environment.

252:515-19-38. Placement of waste

(a)

Waters of the state. Solid waste shall not be placed or allowed to enter, accidentally or

otherwise, waters that communicate with waters of the state located outside the permit boundary.

(b)

Buffer zones. Unless otherwise specified in this Subsection, all disposal facilities shall be

designed and maintained with a waste-free buffer zone at least 50 feet in width between all waste

disposal and/or handling areas and adjacent property. The buffer zone shall be contained within the

permit boundary described in the permit application.

(1)

Previously disposed waste. If waste has been previously disposed in an adjacent

area, then the fifty foot buffer zone shall not apply in that portion.

(2)

MSWLFs. MSWLFs incorporating land not permitted for disposal prior to July 1,1994

shall have a waste-free buffer zone of at least 100 feet in width.

(3)

Used tire facilities. Used tire facilities shall maintain restricted areas in accordance with

OAC 252:515-21-32(g).

(4)

Smaller buffer zones authorized. DEQ may approve smaller buffer zones for good cause

shown.

(c)

Use of buffer zone. Buffer zones and other restricted areas may be used for the temporary

collection and storage of source-separated recyclable materials, if such use is described in an

approved recycling plan.

252:515-19-39. Salvage and recycling

(a)

Approved plan required. Salvage and/or recycling operations shall be conducted in

accordance with a written plan approved by the DEQ.

(b)

Land disposal facilities. Salvage and recycling activities at land disposal facilities must be

conducted in an area away from the working face.

252:515-19-40. Recordkeeping and reporting

(a)

All solid waste disposal facilities. An operating record shall be maintained near each solid

waste disposal facility, containing all records concerning the planning, construction, operation,

closing, and post-closure monitoring of the facility. Such records shall be maintained until the post-

closure monitoring period is terminated and shall include, but are not necessarily limited to, those

records required to be maintained in the operating record and/or submitted to DEQ by Subchapters

3, 5, 17, 19, 25, and 27 of this Chapter.

(b)

Land disposal facilities. In addition to the records identified in (a) of this Section, the operating

record for all land disposal facilities shall contain those records required to be maintained and/or

submitted to DEQ by Subchapters 7, 9, 11, 13, 15, 29, and 31 of this Chapter.

(c)

Regulated medical waste and used tire facilities. In addition to the records identified in (a)

of this Section, the operating record for regulated medical waste processing facilities and used tire

facilities shall contain those records required to be maintained and/or submitted to DEQ by

Subchapters 23 and 21, respectively.

PART 5. COVER AND SOIL BORROW REQUIREMENTS FOR LAND DISPOSAL

FACILITIES

252:515-19-50. Slope limits

(a)

Interior slopes. The slope of a waste disposal area shall be no steeper overall than 3 horizontal

to 1 vertical (3:1) at any time when it adjoins an area within the permitted boundary proposed to

accept waste.

(b)

Exterior slopes. The slope of a waste disposal area shall be no steeper overall than 4 horizontal

to 1 vertical (4:1) at any time when located at the limits of the permitted boundary or adjoining an

area not proposed to accept waste.

(c)

Working face. The slope of the working face may vary during daily placement of waste but

shall be graded to meet applicable slope requirements in (a) or (b) of this paragraph at the end of

each operating day.

(d)

Slope correction. A plan shall be submitted to DEQ within sixty (60) days of a determination

that one or more slopes exceed the limits specified in this Section. The plan will specify tasks and

the timeline needed to achieve compliance with this Section.

252:515-19-51. Daily cover

(a)

Daily cover required. Solid waste disposed at land disposal facilities shall be covered with at

least six inches of compacted earthen material.

(b)

Waste free. The earthen material shall be free of garbage, trash or other unsuitable material.

(c)

Minimum frequency.

(1)

C&D landfills. Daily cover at C&D landfills shall be applied a minimum of once every

seven days. More frequent application may be required for adequate control of disease vectors,

fires, odors, blowing litter, or scavenging.

(2)

NHIW landfills. Daily cover at NHIW landfills shall be applied in accordance with the

permit for the facility. More frequent application than that specified by the permit may be

required for adequate control of disease vectors, fires, odors, blowing litter, or scavenging.

(3)

MSWLFs and other land disposal facilities. Daily cover at MSWLFs and other land

disposal facilities shall be applied a minimum of once per day at the end of each operating day.

More frequent application may be required for adequate control of disease vectors, fires, odors,

blowing litter, or scavenging.

(d)

Alternative daily cover. The DEQ may approve the use of an alternative daily cover upon a

demonstrationthealternativeiscapableofcontrollingdiseasevectors, fires, odors, and blowing

litter without presenting a threat to human health or the environment.

252:515-19-52. Intermediate cover

(a)

Intermediate cover required. An additional 12 inches of compacted earthen material shall be

applied over all disposal areas not protected by final cover meeting the requirements of OAC

252:515-19-53 or managed with run-off control structures meeting the requirements of OAC

252:515-17-2(2).

(b)

Design standard. Intermediate cover must be capable of sustaining vegetation.

(c)

Waste free. The intermediate cover material shall be free of garbage, trash or other unsuitable

material.

(d)

Alternative intermediate cover. The DEQ may approve the use of an alternative intermediate

cover upon a demonstration the alternative is capable of minimizing infiltration of water and meets

the standards of (b) and (c) of this Section.

252:515-19-53. Final cover

(a)

Design standard. When final cover is installed, it shall be installed in accordance with the

approved closure plan, and shall, at a minimum, be comprised of an erosion layer over a barrier

layer.

(1)

Barrier layer. The barrier layer shall be at least 24 inches of earthen material with a

hydraulic conductivity:

(A)

less than or equal to the hydraulic conductivity of any bottom liner system or natural

subsoils present; or

(B)

no greater than 1 x 10

-5

cm/sec; whichever is less.

(2)

Erosion layer. An erosion layer shall be installed above the barrier layer, consisting of at

least one foot of soil capable of sustaining plant growth.

(3)

Gradient. To prevent ponding, the final cover gradient on top of the fill, as measured from

the center of the fill area to the break in slope between the top and sides of the fill, shall be four

percent (4%) (25:1), unless otherwise approved by the DEQ.

(4)

Side slopes. The final side slope gradient shall not exceed twenty-five percent (25%) (4:1).

(5)

Vegetation. Vegetation meeting the requirements of OAC 252:515-19-54(3), (4), and (5)

shall be established during the first growing season.

(6)

Contours. Surface contours, including final grading of completed disposal areas, shall

prevent ponding of water and erosion of fill areas.

(7)

Waste free. The final cover material shall be free of garbage, trash or other unsuitable

material.

(b)

MSWLFs. A flexible membrane liner equivalent to that used in the bottom liner system shall

be installed between the barrier layer and the erosion layer at MSWLFs equipped with a composite

liner.

(c)

Alternative final cover. The DEQ may approve the use of an alternative final cover design

upon a demonstration the alternative provides equivalent protection to that afforded by (a) and (b)

of this Section.

252:515-19-54. Vegetative cover

Vegetative cover shall be established at all commercial landfills exceeding 50 feet above natural

surface contours and accepting more than 200 tons per day of solid waste.

(1)

Time to establish. Permanent or interim vegetation shall be established in all disposal areas

that have been undisturbed for 90 days or more.

(2)

Interim vegetation. Interim vegetation must be quick-germinating, fast-growing and

capable of providing erosion and dust control. The operator shall not plant noxious vegetation.

(3)

Permanent vegetation. Permanent vegetation must be effective, long-lasting and capable

of self-regeneration and plant succession. The operator shall not plant noxious vegetation.

(4)

Type of vegetation. Plant species shall be used that are of equal or superior utility to native

vegetation during each season of the year.

(5)

Prohibited plants. Deep-rooted plants, trees, or other similar vegetation is prohibited.

252:515-19-55. Soil borrow areas

On- and off-site soil borrow areas which are no longer to be used to obtain soil shall be reshaped

and revegetated, or otherwise reclaimed, to blend with surrounding terrain within 180 days of the

date the area ceased being used.

PART 7. ADDITIONAL OPERATIONAL REQUIREMENTS FOR MSWLFs

252:515-19-71. Bulk liquids

Bulk or non-containerized liquid waste shall not be disposed at a MSWLF unless:

(1)

the waste is household waste other than septic waste;

(2)

the waste is leachate or gas condensate derived from a cell with a composite liner and

leachate collection system and is recirculated or used for irrigation in accordance with 252:515-

13-53 or 54, respectively; or

(3)

the waste is sufficiently mixed with earth, kiln dust, fly ash, or other suitable material to pass

the PFLT prior to disposal.

252:515-19-72. Containers

Containers holding liquid wastes shall not be disposed at a MSWLF unless the containers are:

(1)

similar in size and in quantity to that normally found in household waste;

(2)

designed to hold liquids for use other than storage; or

(3)

derived from household waste.

252:515-19-73. Municipal sewage

Municipal sewage sludge treated to Class B requirements, as described in 40 CFR 503.32(b),

may be disposed at a MSWLF if the sludge passes the PFLT.

252:515-19-74. Bulking plan

(a)

Approved plan. To accept liquid waste at a MSWLF, the permit must be modified to reflect

an approved liquids bulking plan describing how liquid waste will be mixed with earth, kiln dust,

fly ash, or other suitable material, and be tested and certified to pass the PFLT prior to disposal.

(b)

Lined areas required. Mixing activities must be performed on lined areas or areas with

secondary containment.

(c)

Separate area. Mixing areas must be separate from the working face unless otherwise

approved by DEQ.

252:515-19-75. Control of emissions

MSWLFs shall be operated in compliance with the provisions of OAC 252:100-47, Control of

Emissions from Existing Municipal Solid Waste Landfills, and 40 CFR Part 60, Subpart WWW,

Standards of Performance for Municipal Solid Waste Landfills.

PART 9. ADDITIONAL OPERATIONAL REQUIREMENTS FOR WASTE

PROCESSING FACILITIES

252:515-19-91. Processing time for putrescible waste

(a)

Processing time. Except as provided for in (b) of this Section, all putrescible waste delivered

to a transfer station or processing facility shall be processed within 24 hours of delivery.

(1)

If appropriate odor and vector control measures, as defined in the permit, are implemented,

processing time may be extended to 48 hours.

(2)

If processing failures occur, all putrescible wastes shall be removed within 96 hours to an

alternate permitted disposal site.

(b)

Solid waste incinerators.

(1)

Putrescible waste shall be processed within 72 hours of delivery at processing facilities that

operate on a seven day per week basis and utilize mass burn technology, pit storage, waste

rotation, and negative pressure design in the refuse storage building.

(2)

If processing failures occur, all putrescible wastes shall be removed within 168 hours to an

alternate permitted disposal facility.

252:515-19-92. Large or bulky items

Large, heavy, or bulky items, shall be managed in accordance with a plan approved by the DEQ

and identified in the permit.

252:515-19-93. Residue management

All processed waste and residues produced by the facility shall be appropriately characterized

as hazardous or non-hazardous and disposed in a properly permitted disposal facility.

PART 11. ADDITIONAL OPERATIONAL REQUIREMENTS FOR SOLID WASTE

COMPOSTING FACILITIES [REVOKED]

252:515-19-111. Acceptable composting materials [REVOKED]

252:515-19-112. Receiving area [REVOKED]

252:515-19-113. Debagging required [REVOKED]

252:515-19-114. Processing area [REVOKED]

252:515-19-115. Processing time [REVOKED]

252:515-19-116. Composting area [REVOKED]

252:515-19-117. Windrow construction [REVOKED]

252:515-19-118. Windrow turning [REVOKED]

252:515-19-119. Invessel composting [REVOKED]

252:515-19-120. Temperature monitoring [REVOKED]

252:515-19-121. Completed process [REVOKED]

252:515-19-122. Curing area and time [REVOKED]

252:515-19-123. Biosolids [REVOKED]

252:515-19-124. Odor control [REVOKED]

252:515-19-125. Other wastes [REVOKED]

252:515-19-126. Recordkeeping [REVOKED]

PART 13. WHEEL WASHES

252:515-19-131. Applicability [REVOKED]

252:515-19-132. Eligibility deadlines [REVOKED]

252:515-19-133. Definitions [REVOKED]

252:515-19-134. Approved costs [REVOKED]

252:515-19-135. Disapproved costs [REVOKED]

252:515-19-136. Reimbursement process [REVOKED]

252:515-19-137. State fiscal limitation on funds [REVOKED]

252:515-19-138. Water management and control [REVOKED]

SUBCHAPTER 21. USED TIRE PROCESSING, CERTIFICATION, PERMITS AND

COMPENSATION

PART 1. GENERAL PROVISIONS

Section

252:515-21-1. Applicability

252:515-21-2. Definitions

252:515-21-3. Priority cleanup list

252:515-21-4. DEQ assistance in special waste tire collection efforts

252:515-21-5. Special collection efforts

PART 3. WASTE TIRE FACILITIES

252:515-21-31. Special collection efforts

252:515-21-32. Facility operation requirements

252:515-21-32.1. TDF facility operation requirements

252:515-21-33. Automotive dismantler/parts recycler tires

252:515-21-34. Mobile operations

252:515-21-35. Financial assurance

252:515-21-36. Recordkeeping and reporting

PART 5. WASTE TIRE TRANSPORTATION

252:515-21-51. Waste tire manifests

PART 7. COMPENSATION FROM THE WASTE TIRE INDEMNITY FUND

252:515-21-71. Eligibility requirements

252:515-21-72. Ineligible for compensation

252:515-21-73. Certification for compensation

252:515-21-74. Partial compensation for projects identified in Part 9

252:515-21-75. Appeal

PART 9. EROSION CONTROL, RIVER BANK STABILIZATION AND OTHER

CONSERVATION PROJECTS

252:515-21-91. Permit

252:515-21-92. Eligibility requirements

PART 11. WASTE TIRE BALING

252:515-21-111. Project construction requirements

252:515-21-112. Eligibility requirements

PART 13. TIRE DEALER AND MOTOR LICENSE AGENT AUDITS

252:515-21-131. Tire dealer and motor license agents audits

PART 1. GENERAL PROVISIONS

252:515-21-1. Applicability

This Subchapter applies to used tire facilities, used tire generators, used tire transporters, tire

dealers, motor license agents, and persons engaged in the processing or recycling of used tires.

252:515-21-2. Definitions

The following words and terms, when used in this Subchapter, shall have the following

meaning, unless the context clearly indicates otherwise:

"Act" means the Oklahoma Used Tire Recycling Act, 27A O.S. § 2-11-401 et seq.

"OTC" means the Oklahoma Tax Commission.

"Processing" or "used tire processing" means the definition found at 27A O.S. § 2-11-

401.1(16).

"Recycling" means, in the context of used tires:

(A)

the incorporation of used tires into agricultural uses recognized by the Oklahoma

Department of Agriculture, Food, and Forestry;

(B)

the incorporation of used tires into civil engineering structures or the creation of new

products or saleable by-products from tire materials, with prior approval of such projects by

DEQ;

(C)

the use of processed tires for energy or fuel recovery; or

(D)

the use of used tires by permitted facilities in accordance with the Act, these rules and

the facility's permit.

"Reusable tire" means a tire that has been previously used on a vehicle, not currently

mounted on a vehicle, but can be legally placed into service for vehicle use in Oklahoma.

"Used tire" means an unprocessed whole tire or tire part that can no longer be used for its

original intended purpose but can be beneficially reused as approved by the Department.

252:515-21-3. Priority cleanup list

(a)

Investigation and prioritization. When DEQ receives notification of or information about the

existence of an unauthorized used tire dump, a dump survey shall be conducted to determine

landowner information, cleanup feasibility, and an estimate of the number of tires present. The

resulting data shall be used to prioritize tire dumps on the priority cleanup list (PCL).

(b)

Priority listing. Tire dumps will be placed on the PCL when the landowner was the victim of

illegal dumping or DEQ has exhausted the administrative enforcement process.

(c)

Number authorized for compensation. The PCL shall include the name and number assigned

to each tire dump on the list and the estimated total number of tires contained therein. For each used

tire dump on the PCL, the total number of used tires authorized for compensation from the fund shall

not exceed the number of used tires identified.

(d)

PCL updates. For each used tire dump on the PCL, if the total number of used tires identified

on the PCL is removed from that dump and there are used tires remaining, DEQ may update the PCL

to reflect the remaining number of used tires.

252:515-21-4. DEQ assistance in special used tire collection efforts

(a)

Minimum number of tires. Tire dealers with three hundred (300) or more used tires at one

physical location may request DEQ assistance in causing collection of the used tires by a used tire

facility.

(b)

Documentation required. In requesting such assistance, the dealer must provide the following

to DEQ:

(1)

the location of the used tires;

(2)

certification that at least 300 used tires are at the location; and

(3)

documentation that all used tire facilities have been contacted a minimum of

twice, at least 60 days apart, and service has not been received.

252:515-21-5. Special collection efforts

(a)

Used tire facility selection. For special collection efforts identified in OAC 252:515-21-4,

DEQ will contact used tire facilities, and tire derived fuel facilities (TDF) [hereinafter referred

to as "qualified applicants for collection and transportation", (QACT)] on a rotating basis and

identify the location of the used tires, the number of tires present, and a contact name and phone

number.

(b)

Timeline for collection. The QACT shall provide DEQ with documentation to demonstrate

whether or not the county in which the tires are located has physically been serviced in that quarter.

The QACT shall collect the tires at the location identified and otherwise service that county, as

follows:

(1)

prior to the end of the quarter, if the county has not been physically serviced during that

calendar quarter; or

(2)

prior to the end of the next calendar quarter, if the previous quarter's service is current.

(c)

Special pickup. Upon the request of the Executive Director, DEQ may notify the QACT to

collect certain tires within seven (7) days or report the status of the special pickup back to DEQ.

(d)

Collection efforts from tire dumps or landfills and community-wide clean up events.

DEQ may require a QACT to collect from tire dumps or landfills on the PCL or from community-

wide clean up events approved by DEQ.

(1)

DEQ may assign collection events to a QACT, which shall collect the tires within the time

period specified.

(2)

The QACT shall certify to DEQ the number of tires cleaned up from the collection event.

PART 3. USED TIRE FACILITIES

252:515-21-31. Special collection efforts [REVOKED]

252:515-21-32. Facility operation requirements

(a)

General. Used tire facilities are subject to the requirements of Part 3 of OAC 252:515-19,

except 19-33.

(b)

Acceptable wastes. Only used tires shall be accepted at a used tire facility.

(c)

Maximum storage.

(1)

Used tires. The number of used tires stored at any time shall not exceed 250,000 or the

maximum number authorized by the permit, whichever is less.

(2)

Processed tires. The amount of processed tire material stored at any time shall not exceed

the amount accumulated from three years of operation or the amount for which financial

assurance has been provided, whichever is less.

(d)

Tires awaiting processing. Used tires stored on the ground while awaiting processing shall be

placed in orderly piles, as follows:

(1)

the base shall not exceed 200 feet by 150 feet;

(2)

the height of the pile shall not exceed seven feet and

(3)

side slopes shall not be greater than two horizontal to one vertical slope.

(e)

Processed material storage. If processed tire material is stored in piles, the piles shall meet the

following:

(1)

the base shall not exceed 200 feet by 150 feet;

(2)

the height of the pile shall not exceed 20 feet; and

(3)

stable side slopes shall be maintained.

(f)

Tire dumps. Annually, at least 3% to 6% of the used tires processed must be collected from tire

dumps identified on the PCL or through DEQ approved community-wide clean-up events in the

State of Oklahoma.

(g)

Restricted areas.

(1)

Fire lane. An unobstructed fire lane at least 50 feet in width shall be maintained around the

perimeter of each tire pile and each processed tire material pile located outdoors.

(2)

Buffer zone. A clean buffer zone of at least 75 feet shall be maintained between tire piles

or processed tire materials and adjacent properties.

(h)

Weighing processed materials. Each load of processed tire material shall be weighed on scales

tested and certified in accordance with the requirements of the Oklahoma Department of

Agriculture, Food and Forestry.

(1)

Each truck and/or trailer shall be weighed full and empty.

(2)

Gross and tare weights shall be imprinted on the same weight ticket.

(3)

Stored tare weights shall not be used.

(i)

Daily log. A daily log shall be maintained for each load of used tires received. The daily log

shall accurately reflect:

(1)

the name and address of the hauler;

(2)

the counted number of tires from each used tire source;

(3)

the name and address of each used tire source;

(4)

the number of tires processed each day; and

(5)

the use and destination of each daily outbound load of processed tire material.

252:515-21-32.1. TDF facility operation requirements

If a tire derived fuel facility chooses to collect and transport used tires to its facility, it must

comply with the following operations requirements:

(1) 27A O.S. § 2-11-401.4 (C)(2)(d);

(2) 252:515-21-32 except subsections (b) and (h);

(3) 252:515-21-35; and

(4) 252:515-21-36.

252:515-21-33. Automotive dismantler/parts recycler tires

(a)

Verified statement required. The owner/operator of a used tire facility collecting tires for

compensation from automotive dismantlers and parts recyclers must attach to the manifest a

verified statement from the automotive dismantler or parts recycler itemizing by month the

number of vehicles purchased on or after January 1, 1996, which were:

(1)

originally licensed in the state of Oklahoma; and

(2)

reported to have been dismantled on the Dismantler's Report filed with the Used Motor

Vehicle Commission since the date used tires were collected from the dismantler/parts

recycler's facility.

(b)

Limitation of compensation. Compensation from the fund shall not be paid for a number of

tires processed that is more than five times the number of vehicles reported to have been dismantled

on the verified statement required by this Section.

252:515-21-34. Mobile operations

Compensation from the fund shall not be paid for tires processed with portable tire processing

equipment unless such equipment is described and approved as part of a stationary used tire facility

permitted in Oklahoma. The mobile unit must process used tires directly into a truck or moveable

container that is transported daily to the stationary used tire facility or other facility approved by

DEQ.

252:515-21-35. Financial assurance

(a)

Required. Used tire facilities shall establish financial assurance in accordance with the

requirements of Subchapter 27 of this Chapter.

(b)

Amount. Unless a lesser amount is approved by DEQ, financial assurance will be established

based upon the cost for removal and disposal, by a third party not affiliated with the owner/operator,

of the maximum quantity of used tires and processed tire material stored on site at any time.

252:515-21-36. Recordkeeping and reporting

(a)

Monthly reports. No later than the 10th day of each month, each facility shall submit a report

to DEQ that includes the following information for the previous month:

(1)

the number of tires received at the facility;

(2)

the number of tires that came from DEQ approved community-wide cleanup events;

(3)

the number of tires that came from dumps on DEQ's priority cleanup list;

(4)

a summary of the destinations and intended uses of outgoing shipments of processed tire

materials, including the number of tons of processed tire materials per market category; and

(5)

the amount of processed tires provided to entities identified in OAC 252:515-21-71(a)(3)

that were not in ready-to-use condition when received by such entities.

(b)

Quarterly reports. No later than the 10th day following each calendar quarter, each facility

shall submit a report to DEQ that documents statewide collection efforts for the previous quarter.

(c)

Annual reports. No later than the 10

day of January each year, each facility shall submit a

report to DEQ that its scales have been tested and certified as accurate by the Oklahoma Department

of Agriculture, Food and Forestry.

PART 5. USED TIRE TRANSPORTATION

252:515-21-51. Used tire manifests

(a)

Manifest required. Any person who transports more than 10 used or reusable tires over

Oklahoma roads to or from destinations within the state must have a manifest documenting the

proper disposition of the tires. All parties must fully complete and sign the manifest. Designated

copies must be given to each used tire generator, transporter, and receiving facility reflected on

the manifest.

(1)

Used tire reimbursement manifest. A Used Tire Reimbursement Manifest must be used

for transportation of used tires to a used tire facility entitled to receive compensation from the

fund. A manifest, numbered in sequence so that each has a unique identifying number, shall be

provided by the used tire facility.

(2)

Used tire tracking manifest. A Used Tire Tracking Manifest must be used for

transportation of used and reusable tires to any location other than a used tire facility. A

manifest, numbered in sequence so that each has a unique identifying number, shall be

provided by the used tire generator or transporter.

(b)

Accuracy of manifests and tire weights. Manifests shall be complete and accurate in all details

and accompanied by weight tickets from certified scales which show the weight of the load collected

and transported or accepted for processing by the QACT.

(c)

Inaccurate, incomplete, or insufficient manifest. DEQ may not certify QACTs for tires

which are processed if the manifests for those tires are incomplete, unreadable, not dated and

signed by all parties, not accompanied by a weight ticket, or in any other respect cannot be relied

upon to show that the tires were collected, transported and processed pursuant to the Act.

(d)

Signatory.

(1)

Generator. The used tire manifest shall be signed by the generator of the used and

reusable tires, all transporters, and the receiving facility.

(2)

Used tire dump. If the tires are from a tire dump, the landowner or authorized

representative shall sign the manifest as the generator. If the landowner is unknown or

unavailable or resides out of state, DEQ may authorize another signatory prior to the removal of

any used tires.

(e)

Recordkeeping. Within 30 days of receipt of the used tires, a completed copy of the manifest

shall be returned to the used tire generator. Copies of the manifest shall be maintained by the

generator, transporter, and receiving facility for a period of five years.

PART 7. COMPENSATION FROM THE USED TIRE INDEMNITY FUND

252:515-21-71. Eligibility requirements

(a)

Eligible used tires for processing. The following used tires are eligible for compensation from

the Fund: motor vehicle tires pursuant to Section 1-134 of Title 47 of the Oklahoma Statutes;

semitrailer tires pursuant to Section 1-162 of the Oklahoma Statutes; trailer tires pursuant to

Section 1-180 of Title 47 of the Oklahoma Statutes; vehicle tires pursuant to Section 1-186 of Title

47 of the Oklahoma Statutes; motor vehicle tires pursuant to Section 1120 of Title 47 of the

Oklahoma Statutes; trailer or semitrailer tires pursuant to Section 1133 of Title 47 of the Oklahoma

Statutes for which a fee has been assessed by a tire dealer or motor license agent; tires used on

implements of husbandry and agricultural equipment that are not more than seventy-two (72)

inches in total diameter and not more than thirty (30) inches wide;

(b)

Tires collected under a state tire program. Any used tire collected in accordance with the

requirements of the Oklahoma Used Tire Recycling Act is not considered to be discarded. A tire that

can be used, reused or legally modified to be reused for its original intended purpose and is not

defined as reusable shall not be a used tire.

(c)

Qualified applicants. The following are eligible to receive compensation from the fund only

for the processing or recycling of those used tires referred to in (a) of this section:

(1)

used tire facilities;

(2)

tire derived fuel facilities; and

(3)

units of local or county governments who have a DEQ approved plan to bale used tires for

use in engineering projects.

(d)

Collection and transportation. Qualified applicants are eligible to receive compensation

from the fund only for the collection and transportation of the used tires referred to in (a) of this

section.

(e)

PCL and community-wide cleanup event requirement. At least 3% to 6% of the used tires

for which compensation will be requested must come from tire dumps or landfills identified on the

PCL and from community-wide cleanup events in the state of Oklahoma. The QACT shall not

receive credit toward the 3% to 6% requirement until the collection efforts are approved by DEQ.

(f)

Apportionment. If the Used Tire Recycling Indemnity Fund (Fund) contains insufficient funds

in any month to satisfy the eligible reimbursements under the Act, DEQ shall apportion the

payments among the qualified applicants according to the following formula. Divide the total

amount of the Fund available for disbursement by the total authorized reimbursements requested by

the qualified applicants. The result is expressed as a percentage. Multiply this percentage by the

amount requested and authorized for each qualified applicant, resulting in the apportionment for

that qualified applicant.

(g)

Additional Compensation. DEQ shall allocate any remaining monies in the fund to remediate

tire dumps or for projects to increase market demand for products made from Oklahoma used

tires. Costs may be determined by cost estimates or unit costs developed by DEQ. Used tire

facilities or TDF facilities that remediate tire dumps assigned by DEQ may request reimbursement

from the Used Tire Recycling Indemnity Fund upon completion of the remediation as determined

by DEQ.

(h)

Accrued Funding. Accrued funding for the purposes specified in (g) of this section shall not

exceed Five Hundred Thousand Dollars ($500,000.00). Once Five Hundred Thousand Dollars

($500,000.00) is reached, any additional funds shall be distributed as additional compensation

according to 27A O.S. § 2-11-401.4 (G).

252:515-21-72. Ineligible for compensation

(a)

Previous compensation. Any person that has received compensation from the fund for

projects identified in Part 11 of this Subchapter shall not be eligible to receive other compensation

from the fund for collection, transportation or delivery of used tires in conjunction with the same

project.

(b)

Certain used tires. The following used tires are not eligible for compensation from the fund:

(1)

used tires processed for TDF facilities identified in OAC 252:515-21-71-(a)(3) but are not

in ready-to-use condition when received by such facilities;

(2)

used tires not used in the approved project by units of local or county governments

identified in OAC 252:515-21-71(c)(3);

(3)

processed or recycled used tires listed by the OTC in OAC 710:95-5 as being ineligible for

compensation; and

(4)

processed or recycled used tires that originated outside the borders of the State of Oklahoma.

252:515-21-73. Certification for compensation

(a)

Compliance. An applicant requesting certification for compensation from the fund must be in

substantial compliance with:

(1)

the Act;

(2)

the requirements of this Chapter;

(3)

any permits issued by the DEQ, if applicable; and

(4)

other applicable authorizations issued by the United States Army Corps of Engineers or

local Conservation District.

(b)

Required forms. Applicants eligible for compensation from the fund shall complete the

required forms provided by the DEQ and submit them to DEQ.

252:515-21-74. Partial compensation for projects identified in Part 9 [REVOKED]

252:515-21-75. Appeal

Any decision by DEQ that results in the applicant's ineligibility for compensation may be

appealed by the applicant in accordance with OAC 252:4, "Rules of Practice and Procedure."

PART 9. EROSION CONTROL, RIVER BANK STABILIZATION AND OTHER

CONSERVATION PROJECTS [REVOKED]

252:515-21-91. Permit [REVOKED]

252:515-21-92. Eligibility requirements [REVOKED]

PART 11. USED TIRE BALING

252:515-21-111. Project construction requirements

(a)

Plan required. Units of local or county government in Oklahoma who will seek

reimbursement from the Fund for use of baled used tires in engineering projects shall have a

DEQ approved plan describing the nature of the proposed project. Such plan shall include:

(1)

the location at which used tire baling operations will be performed;

(2)

a description of the engineering project for which the baled tires will be used;

(3)

the approximate date construction will begin and the estimated time to complete the

project;

(4)

plans for aesthetic enhancement in accordance with OAC 252:515-3-37;

(5)

engineering designs that are signed and stamped or sealed by a professional engineer

licensed in the State of Oklahoma;

(6)

documentation that the project has been approved by:

(A)

the unit of local government for projects sponsored by a local government; or

(B)

the Board of Commissioners for the county in which the project will be located for

projects sponsored by a unit of county government; and

(7)

a description of how compliance with the eligibility requirements of OAC 252:515-21-

112 will be achieved.

(b)

DEQ review. After review, DEQ may require alterations to the plan prior to construction.

(c)

Initiation of construction. Construction of the project shall not begin until the plan has

been approved by DEQ.

(d)

Bale storage. No more than 50 used tire bales shall be accumulated prior to beginning

construction of the project.

(e)

Recordkeeping. All records related to the project and required by this Section shall be

maintained by the governmental entity for a period of at least three years after completion of the

project.

252:515-21-112. Eligibility requirements

(a)

Use of proper tires. Only used tires obtained from tire dumps identified on the PCL or from

community-wide cleanup events in the State of Oklahoma and used in accordance with the

approved plans shall be eligible for compensation.

(b)

Project completion report. Upon completion of the project, the governmental entity shall

submit a project completion report signed and stamped or sealed by a professional engineer

licensed in the State of Oklahoma, certifying the project was completed in accordance with the

approved plans. The report shall include the following:

(1)

the name, address and telephone number of the applicant and the certifying engineer;

(2)

the tire dump from which tires came, if any, and DEQ identification number;

(3)

identification of the community-wide cleanup event from which tires came, if any;

(4)

quantity of tires removed from the tire dump or community-wide cleanup event, by tire

type;

(5)

location of the approved project;

(6)

quantity and type of tires delivered to and installed in the project;

(7)

documentation to verify compliance with (c) of this Section, if applicable; and

(8)

other information required by DEQ.

(c)

Proper disposal. Any used tires or bales not needed for the project shall be disposed at a

permitted used tire processing or other used tire recycling facility, or a permitted solid waste

disposal facility.

(d)

DEQ inspection. After submittal of the project completion report, DEQ shall inspect the

project and the project file to determine compliance with the Act, the rules in this Subchapter,

and project plans.

(e)

Project complete. If the project is complete, DEQ shall provide written notification, with

copies to the OTC.

(f)

Project incomplete. If any aspect of the project is not complete, DEQ shall give written

notification of the deficiencies to the governmental entity, who shall respond accordingly. DEQ

shall not authorize partial compensation for incomplete projects.

(g)

Recordkeeping. Records required by this Part shall be maintained by the governmental

entity for a period of three years after completion of the project.

PART 13. TIRE DEALER AND MOTOR LICENSE AGENT AUDITS

252:515-21-131. Tire dealer and motor license agents audits

Tire dealers and motor license agents shall provide records, reports and other documentation

relative to the Act to any authorized representative of the DEQ upon request.

SUBCHAPTER 23. REGULATED MEDICAL WASTE MANAGEMENT

PART 1. GENERAL PROVISIONS

Section

252:515-23-1. Applicability and exclusions

252:515-23-2. Definitions

252:515-23-3. Disposal of untreated, regulated medical waste

252:515-23-4. Treatment

252:515-23-5. Compacting prohibited

PART 3. OPERATIONAL REQUIREMENTS FOR ALL COMMERCIAL

REGULATED MEDICAL WASTE PROCESSING FACILITIES

252:515-23-31. General

252:515-23-32. Radiation

252:515-23-33. Contingency plan

252:515-23-34. Emergency response

252:515-23-35. Storage

PART 5. ADDITIONAL OPERATIONAL REQUIREMENTS FOR COMMERCIAL

REGULATED MEDICAL WASTE INCINERATORS

252:515-23-51. Time and temperature

252:515-23-52. Burning efficiency

252:515-23-53. Interlocks

252:515-23-54. Tests

252:515-23-55. Monitoring

252:515-23-56. Residues

PART 1. GENERAL PROVISIONS

252:515-23-1. Applicability and exclusions

(a)

Federal requirements. Persons or facilities involved in the handling, storage, packaging,

labeling, and/or transportation of regulated medical waste may be subject to requirements of the

federal Department of Transportation (49 CFR Part 173), the federal Occupational Safety and

Health Administration (29 CFR 1910.1030), or other federal or state agencies.

(b)

Oklahoma State Department of Health requirements. Generators of regulated medical

waste may be subject to additional provisions required by the Oklahoma State Department of

Health.

(c)

Commercial processing facilities. Commercial regulated medical waste processing facilities

are subject to the requirements of Parts 1 and 3 of this Subchapter as well as Part 3 of OAC 252:515-

19.

(d)

Commercial incinerators. Commercial regulated medical waste incinerators are subject to the

requirements of (c) of this Section and Part 5 of this Subchapter.

(e)

Shared services facilities. Shared services facilities shall meet the standards of OAC 252:515-

23-32(b), 33, 34, and 35, but are not required to obtain DEQ approval.

(f)

Exclusions.

(1)

General. The following are not subject to the requirements of this Subchapter if they do not

contain any regulated medical waste:

(A)

Wastes generated by the processing or caring for animals, except for untreated

sharps and those wastes identified in subparagraph (F) of the definition of "regulated

medical waste";

(B)

regulated medical wastes treated in accordance with OAC 252:515-23-4;

(C)

biological products distributed for any purpose other than treatment and disposal;

(D)

diagnostic specimens shipped to a qualified diagnostic laboratory;

(E)

laundry or medical equipment conforming to 29 CFR 1910.1030;

(F)

corpses, remains, and/or anatomical parts intended for ceremonial interment or

cremation.

(2)

Hazardous waste. Hazardous waste is not subject to the requirements of this Subchapter,

but shall be subject to the requirements of OAC 252:205.

(3)

Household waste. Household wastes are not subject to the requirements of this Subchapter

even if they contain regulated medical wastes generated in the household from treatment of a

resident of the household.

252:515-23-2. Definitions

The following words and terms, when used in this Subchapter, shall have the following

meaning, unless the context clearly indicates otherwise:

"Commercial regulated medical waste incinerator" means a waste processing facility

operated as a business for profit for incineration of regulated medical wastes generated by others.

"Commercial regulated medical waste processing facility" means a facility operated as a

business for profit that is designed and operated principally for the purpose of processing, including

transfer of, regulated medical wastes generated by others. Such facilities shall include those

engaged in the processing of regulated medical waste on mobile vehicles at a generator location.

"Commercial transporter" means an owner/operator of any vehicle transporting regulated

medical waste generated by others as a business for profit.

"Etiologic agent" means a viable microorganism, or its toxin, that causes or may cause disease

in humans or animals, and includes those agents listed in 42 CFR 72.3, and any other agent that

causes or may cause severe, disabling or fatal disease. The term "etiologic agent" is synonymous

with the term "infectious substance" as defined in 49 CFR 173.134.

"Generator" means the owner/operator of any facility, institution, or business that produces

regulated medical waste in any quantity.

"Microbial inactivation" means a 4Log

(99.99%) or greater reduction of:

(A)

B. stearothermophilus (ATCC 7953) when utilizing steam sterilization for treatment of

regulated medical waste;

(B)

B. subtilis (ATCC 19659) when using dry heat or microwave methods for treatment of

regulated medical waste; or

(C)

other appropriate indicator organisms and kill efficacy for the treatment method

chosen and as approved by the DEQ.

"Shared services facility" means a hospital or clinic that provides treatment of regulated

medical waste generated by another institution (including doctor's offices, medical laboratories and

nursing homes) for the purpose of providing a service rather than generating revenue.

"Sharps" mean hypodermic needles, Pasteur pipettes, scalpel blades, blood vials, needles with

attached tubing, culture dishes, and glassware such as used slides and cover slips.

"Small quantity regulated medical waste generator" means a generator that can document

it generates less than sixty (60) pounds of regulated medical waste per month from one physical

location and makes records of generation available to DEQ upon request.

"Untreated sharps" means sharps that are to be disposed for any reason, but have not been

treated in accordance with OAC 252:515-23-4(b).

252:515-23-3. Disposal of untreated, regulated medical waste

(a)

MSWLF. The disposal of the following is prohibited in a MSWLF, a municipal solid waste

receptacle or a municipal solid waste transfer station:

(1)

all quantities of untreated sharps, even if generated by a small quantity regulated medical

waste generator; and

(2)

all quantities of other untreated, regulated medical waste, except that generated by a small

quantity regulated medical waste generator.

(b)

Liquids. Liquid regulated medical wastes (except chemical wastes, or antineoplastic or

cytotoxic drugs) may be discharged into the collection system of a POTW within the generating

facility if:

(1)

written approval of the POTW has been obtained; and

(2)

the POTW provides secondary treatment.

252:515-23-4. Treatment

(a)

Methods. Regulated medical waste must be treated by one of the following methods:

(1)

incineration in an incinerator that:

(A)

is designed for the destruction of regulated medical waste;

(B)

will consistently achieve microbial inactivation; and

(C)

is permitted by the DEQ's Air Quality Division and operated in accordance with such

permit;

(2)

microwave sterilization, or steam sterilization at sufficient temperature and pressure, for

sufficient time to consistently achieve microbial inactivation;

(3)

chemical disinfection where contact time, concentration and quantity of the chemical

disinfectant are sufficient to consistently achieve microbial inactivation; or

(4)

any other treatment method demonstrated to be effective in consistently achieving

microbial inactivation.

(b)

Untreated sharps. Untreated sharps must be treated either in accordance with (a) of this Section

or in another way to minimize the potential for puncture wounds, such as placement in specially

designed sharps containers of rigid plastic or a rigid puncture-resistant container and filled with a

solidifying material, or other such methods that will seal the sharp to minimize the risk of puncture

wounds.

252:515-23-5. Compacting prohibited

Regulated medical waste shall not be compacted.

PART 3. OPERATIONAL REQUIREMENTS FOR ALL COMMERCIAL

REGULATED MEDICAL WASTE PROCESSING FACILITIES

252:515-23-31. General

(a)

Other requirements. Commercial regulated medical waste processing facilities are subject to

the requirements of Part 3 of OAC 252:515-19.

(b)

Acceptable wastes. Only regulated medical wastes shall be accepted at a regulated medical

waste processing facility unless otherwise approved by DEQ.

(c)

DEQ approved plan. A DEQ approved plan shall be implemented for:

(1)

excluding wastes that are not to be processed;

(2)

safely storing wastes until proper processing and disposal occurs; and

(3)

responding to emergencies.

(d)

Decontamination facilities. Decontamination facilities must be provided.

252:515-23-32. Radiation

(a)

Screening and handling. A DEQ approved procedure shall be implemented for screening

wastes and handling radioactive wastes.

(b)

Detection system. Fixed radiation detection monitors, capable of detecting radiation sources

as small as 0.25 millicuries of Cs137, must be installed to monitor incoming wastes.

(c)

Interlock system. Automated waste processing units must have an interlock system to

automatically stop upon detection of radiation.

(d)

Hand-held detectors. Hand-held radiation detectors must be used to screen wastes when the

fixed radiation detectors detect radioactive wastes.

(e)

Segregation of radioactive wastes. When radioactive wastes are detected, they must be

segregated from the remainder of the waste stream for proper management.

252:515-23-33. Contingency plan

A DEQ approved contingency plan shall be implemented that addresses:

(1)

over-packing;

(2)

decontaminating vehicles and containers;

(3)

safely storing improper wastes and poorly packaged wastes;

(4)

procedures for visual inspection of containers to detect leaks or other problems in packaging;

(5)

procedures for re-packaging defective, problematic or leaking waste containers detected

during visual inspection;

(6)

alternative management of wastes in the event of equipment malfunction, emergencies or

other unforeseen situations; and

(7)

include a narrative description of the storage area, including size, location and security.

252:515-23-34. Emergency response

Copies of emergency response agreements with applicable local agencies shall be maintained in

the operating record and submitted to the DEQ.

252:515-23-35. Storage

All waste shall be processed or placed into refrigerated storage, at 45F, within 24 hours of

delivery. If processing has not occurred within 96 hours, waste shall be transported to an alternate

permitted site.

PART 5. ADDITIONAL OPERATIONAL REQUIREMENTS FOR COMMERCIAL

REGULATED MEDICAL WASTE INCINERATORS

252:515-23-51. Time and temperature

Incinerators must maintain a minimum temperature of:

(1)

1400F, ± 25°F, in the primary chamber for sufficient time to achieve

microbial inactivation; and,

(2)

2000F, ±25°F, in the secondary chamber for a minimum residence time of two (2)

seconds.

252:515-23-52. Burning efficiency

The incinerator must be operated such that no unburned materials are visible in the residue ash.

252:515-23-53. Interlocks

Incinerators must be equipped with automatic loading and protective interlocks to prevent waste

from entering the secondary chamber when the temperature is below 2000 F.

252:515-23-54. Tests

(a)

Routine periodic tests. The incinerator design must provide sample injection and collection

ports to enable the owner/operator or the DEQ to conduct periodic tests.

(b)

Demonstration. Prior to operation, the owner/operator must conduct a demonstration showing

complete destruction of a chemical which requires 2000°F for destruction and which is introduced

into the unit under normal operating procedures.

252:515-23-55. Monitoring

(a)

Monitoring required. The incinerator shall have continuous monitoring and recording for

waste feed, fuel and combustion gas flows; oxygen and carbon monoxide, and temperature.

(b)

Instrument calibration. Monitoring devices shall be routinely calibrated in accordance with

manufacturer's recommendations.

(c)

DEQ may monitor. Incinerators shall have the capability for the DEQ to connect its own

monitoring or calibration test equipment.

(d)

Monitoring data retention. Monitoring data shall be maintained for at least two years.

(e)

Excursions. In the event more than thirty excursions from the operating parameters occur

within any calendar month, the owner/operator shall shut down operations until such time as

repairs are made and documented engineering analysis shows how the cause has been corrected.

252:515-23-56. Residues

Ash residue shall be managed in accordance with the NHIW management requirements of OAC

252:515-31.

SUBCHAPTER 25. CLOSURE AND POST-CLOSURE CARE

PART 1. GENERAL PROVISIONS

Section

252:515-25-1. Applicability

252:515-25-2. Plans required

252:515-25-3. Records retention

252:515-25-4. Corrective action

PART 3. CLOSURE

252:515-25-31. Performance standard

252:515-25-32. Contents of closure plan

252:515-25-33. Timelines

252:515-25-34. Certification of final closure

252:515-25-35. Final closure

252:515-25-36. County land records notice

PART 5. POST-CLOSURE

252:515-25-51. Post-closure period

252:515-25-52. Extension of post-closure period

252:515-25-53. Contents of post-closure plan

252:515-25-54. Post-closure operational requirements

252:515-25-55. Post-closure use of property

252:515-25-56. Certification of post-closure performance

252:515-25-57. Land use restrictions

PART 1. GENERAL PROVISIONS

252:515-25-1. Applicability

(a)

All disposal facilities. All new and active solid waste disposal facilities are subject to the

requirements of Parts 1 and 3 of this Subchapter.

(b)

New and active land disposal facilities. All new and active land disposal facilities are subject

to the requirements of Parts 1, 3, and 5 of this Subchapter.

(c)

Non-land disposal facilities. A solid waste disposal facility that is not a land disposal facility,

may be subject to the requirements of Part 5 of this Subchapter if the DEQ determines post-closure

monitoring is required.

(d)

Closed facilities. A closed solid waste disposal facility that has not been released from its post-

closure monitoring requirements by the DEQ as of the effective date of this Chapter shall:

(1)

be subject to the requirements of OAC 252:515-25-2(c) (relating to plan amendments), 25-4

(relating to corrective action), and 25-52 (relating to extension of the post-closure period); and

(2)

continue post-closure monitoring in accordance with the permit and the DEQ regulations to

which such facility was subject at the time of closure.

252:515-25-2. Plans required

(a)

Closure plan required. A closure plan shall be submitted to the DEQ for approval describing

how compliance with the requirements of Part 3 of this Subchapter will be achieved.

(b)

Post-closure plan required. Except as provided in OAC 252:515-25-1(c) and (d), a post-

closure plan shall be submitted to the DEQ for approval describing how compliance with the

requirements of Part 5 of this Subchapter will be achieved.

(c)

Plan amendments. An amended closure or post-closure plan shall be submitted to the DEQ for

approval:

(1)

when a cost estimate adjustment is required; or

(2)

with each application for a modification of the permit when such modification will affect

closure or post-closure duties or requirements.

252:515-25-3. Records retention

(a)

Final closure. Copies of all closure documentation shall be maintained on file at the site or at

the owner/operator's place of business until the DEQ approves the completion of final closure.

(b)

Post-closure. If post-closure monitoring is required, final closure documentation shall be

maintained through the post-closure monitoring period.

252:515-25-4. Corrective action

If at any time during closure activities or post-closure monitoring, inspection of the facility

and/or review of monitoring data indicates an actual release of contaminants into the environment,

the DEQ may require corrective action to eliminate or mitigate such a release.

PART 3. CLOSURE

252:515-25-31. Performance standard

The facility shall be closed in accordance with the approved closure plan and in a manner that

minimizestheneedforfurthermaintenanceandcontrolsandminimizespost-closureescapeofwaste

and waste constituents into the environment.

252:515-25-32. Contents of closure plan

(a)

All disposal facilities. The closure plan for all disposal facilities shall include the following as

a minimum:

(1)

identification of site-specific closure activities, a description of how each is expected to be

performed, and a schedule for completing all activities;

(2)

calculation of closure cost estimate sin accordance with Subchapter 27 of this Chapter;

(3)

an estimate of the maximum inventory of waste ever on-site over the active life of the

facility;

(4)

detailed plans for:

(A)

identifying and removing from the site, all equipment, temporary buildings and other

improvements not designated as permanent in the permit application;

(B)

reworking or replacing defective groundwater monitor wells, gas wells, and other

defective monitoring equipment, if any;

(C)

monitoring ground and surface water, if required;

(D)

collecting and analyzing soil and water samples;

(E)

disposing of final wastes and affected soils;

(F)

decontamination of facility structures, if necessary;

(G)

maintaining site security and access control, if post-closure monitoring is required;

(H)

redesigning final closure in accordance with existing site conditions and applicable

rules;

(I)

preparing final closure certification and other required documents and notices; and

(J)

performing any other tasks necessary to achieve final closure of the site.

(b)

Additional information for land disposal facilities. The closure plan for land disposal

facilities shall include the following additional information:

(1)

an estimate of the largest area of the disposal facility ever requiring final cover during the

active life;

(2)

a detailed description of the final cap design and construction, including:

(A)

a calculation of the amount of material needed for each phase of closure;

(B)

identification of the soil type to be used for the final cover, to include:

(i)

the location at which it will be obtained;

(ii)

an analysis of the proposed cover material's permeability;

(iii)

mass balance calculations to demonstrate sufficient soil is available;

(C)

provisions for obtaining, hauling, and placing the soil for final cover;

(D)

a description of the design and construction of final cover to meet the requirements of

252:515-19-53;

(E)

a description of the design and construction of gas vents or collection pipes to be

incorporated in the cap design, if such structures are required;

(F)

the QA/QC methods to be used in cap construction and to document the final cover is

built to specification; and

(G)

the schedule and method of placement of all components of the final cap;

(3)

plans for:

(A)

grading, planting, fertilizing and establishing vegetation for all disturbed areas,

including reshaping and revegetation of both on-site and off-site soil borrow areas to blend

with surrounding terrain, or another approved reclamation plan;

(B)

constructing surface drainage and erosion control measures or reworking existing

measures as necessary;

(C)

installation of final cover;

(D)

fitting existing leachate collection systems with a method for automatic and

continuous removal of leachate not requiring owner/operator intervention;

(E)

remedying all former improper closure or waste placement at the site; and

(F)

conducting the final closure survey and preparing the closure certification; and

(4)

a constructed map showing what the contours of the site will be at final closure.

(c)

Phased closure authorized. Individual disposal areas of a land disposal facility may be closed

in phases.

(1)

Closure plan. A plan for phased closure shall be included as part of the closure plan.

(2)

Financial assurance reduction. To reduce financial assurance for each disposal area

closed in a phased closure scenario, a certification prepared and sealed by an independent

professional engineer licensed in the State of Oklahoma if the facility was permitted to serve a

population of greater than 5,000, shall be provided to the DEQ. Such certification shall:

(A)

certify that the area was closed according to the approved closure plan, the permit, and

applicable rules; and

(B)

contain a closure report with related drawings, plans or specifications describing how

closure was performed.

(3)

DEQ approval. The DEQ must approve closure of the disposal area before financial

assurance may be reduced.

252:515-25-33. Timelines

(a)

DEQ notification. The DEQ shall be notified in writing prior to beginning final closure of the

facility or closure of a disposal cell at a land disposal facility.

(b)

Beginning activities. Closure activities shall begin no later than 90 days after final receipt of

wastes at the facility or final receipt of wastes into a disposal cell, as applicable.

(c)

Completing activities.

(1)

180 days. Closure activities shall be completed according to the approved closure plan

within 180 days after closure activities are initiated.

(2)

Extensions allowed. Extensions of the closure period may be granted by the DEQ if the

owner/operator demonstrates that closure will, of necessity, take longer than 180 days and that

all steps have been taken, and will continue to be taken, to prevent threats to human health or the

environment from the unclosed cell or facility.

252:515-25-34. Certification of final closure

(a)

Certification requirements. A Certification of Final Closure shall be submitted to the DEQ

after completion of final closure. The Certification shall:

(1)

be signed by the owner/operator;

(2)

state that the facility was closed according to the approved closure plan, the permit, and

applicable rules;

(3)

contain a closure report with related drawings, plans or specifications describing how

closure was performed; and

(4)

indicate whether inspection of gas, groundwater, or surface water monitoring has shown the

presence of elevated levels of any constituent or if any evidence of contamination related to site

operations has been found and, if so, what corrective measures were taken.

(b)

Land disposal facilities. In addition to the requirements of (a) of this Section, a final closure

map shall be included in the Certification of Final Closure for all land disposal facilities. The final

closure map shall show as-built conditions at the time of closure, including but not limited to:

(1)

final contours of the entire site;

(2)

the permit boundary and boundaries of disposal areas;

(3)

the location of gas monitoring wells and extraction systems;

(4)

the location of groundwater monitoring wells;

(5)

the location of leachate management systems or surface impoundments;

(6)

the location of any permanent surface drainage structures;

(7)

aesthetic enhancements; and

(8)

other relevant information.

(c)

Professional engineer seal. The Certification of Final Closure shall be prepared and sealed by

an independent professional engineer licensed in the State of Oklahoma if the facility served a

population or population equivalent of greater than 5,000.

252:515-25-35. Final closure

(a)

DEQ approval required. The DEQ must approve the final closure of a facility before the post-

closure period can begin.

(b)

Extension of closure period. The DEQ may extend the closure period and require the posting

of additional financial assurance if:

(1)

any testing shows the confirmed presence of elevated levels of any constituent;

(2)

any evidence of contamination related to site operations has been found; or

(3)

final closure of the site is found to be inadequate.

252:515-25-36. County land records notice

(a)

Notice required. Upon DEQ approval of final closure, a notice shall be recorded in the land

records of the property in the county in which the facility is located, that will give notice in

perpetuity that the site was used for the processing or disposal of solid waste and has been closed.

(b)

Identification of wastes. The notice shall specify the type, location and quantity of wastes

processed or disposed.

(c)

Post-closure monitoring. For land disposal facilities, the notice shall:

(1)

identify the required post-closure monitoring period and state that the facility will be

monitored for at least this period of time;

(2)

state that a survey plat and record of the disposal area's locations and elevations has been

filed with the DEQ and with an identified city or county; and

(3)

state that future uses may be restricted in accordance with OAC 252:515-25-57.

(d)

Copy to DEQ. A file-stamped copy of the notice shall be provided to the DEQ.

PART 5. POST-CLOSURE

252:515-25-51. Post-closure period

(a)

8-yearpost-closuremonitoring. The following facilities shall conduct post-closure

monitoring in accordance with this Part for a minimum of eight (8) years after DEQ approval of

final closure:

(1)

new or currently active C&D landfills; and

(2)

new or currently active generator owned and operated NHIW landfills.

(b)

30-year post-closure monitoring. New or currently active MSWLFs and other land disposal

facilities shall conduct post-closure monitoring in accordance with this Part for a minimum of thirty

(30) years after DEQ approval of final closure.

(c)

Non-land disposal facilities. Non-land disposal facilities shall conduct post-closure

monitoring and care for a period specified by the DEQ if it is determined that post-closure

monitoring and care are necessary due to soil or surface or groundwater contamination from

activities performed at the facility.

252:515-25-52. Extension of post-closure period

(a)

Extension. The DEQ may extend the post-closure monitoring and care period if:

(1)

sampling shows the presence of elevated levels of any constituent;

(2)

evidence of contamination resulting from site operations is found to exist;

(3)

prior maintenance or monitoring of the site is found to be inadequate;

(4)

the site is producing leachate that must be treated prior to discharge; or

(5)

if other conditions are present that indicate a need for additional post-closure monitoring and

care.

(b)

Additional requirements. When the post-closure period is extended, the DEQ may require the

maintenance of existing financial assurance, the posting of additional assurance, and/or may require

corrective action.

252:515-25-53. Contents of post-closure plan

The post-closure plan shall include, as a minimum:

(1)

identification of site-specific post-closure activities with a detailed narrative description of

how each is expected to be performed and a schedule for completing all activities;

(2)

calculation of post-closure cost estimates in accordance with Subchapter 27 of this Chapter;

(3)

a schedule for a minimum of quarterly inspections of the facility;

(4)

procedures for:

(A)

repairing and maintaining all surface drainage structures and on-site permanent

improvements and equipment; and

(B)

reworking or replacing any defective groundwater monitor wells and other defective

monitoring equipment and installing new wells and equipment as required;

(5)

procedures for maintaining the leachate collection system and collecting, treating and

properly disposing of leachate;

(6)

protocol for collecting and analyzing soil and water (surface and subsurface) samples as

required;

(7)

methods for maintaining site security and access control;

(8)

procedures for:

(A)

maintaining vegetation and other erosion controls in the post-closure area; and

(B)

repairing erosion and maintaining final cover to meet the requirements of OAC

252:515-19-53, including the schedule for mowing and fertilizing final cover vegetation

and other areas as needed;

(9)

documentation of a legal right to enter, use, maintain, and monitor the facility throughout the

post-closure period, in accordance with OAC 252:515-3-34;

(10)

theoutlineforpreparingtheannualpost-closurereportinaccordancewith OAC 252:515-

25-54(a)(2);

(11)

the requirements for preparing a certification of post-closure performance in accordance

with OAC 252:515-25-56;

(12)

a description of the planned future uses, if any, of the property during the post-closure

period; and

(13)

a description of any other tasks necessary to accomplish adequate post-closure care.

252:515-25-54. Post-closure operational requirements

(a)

All disposal facilities. All disposal facilities in post-closure monitoring shall perform the

following.

(1)

Security and access control. Fences and locked gates shall be maintained and signs shall

be posted on the outer perimeter to provide notice that the site is a closed solid waste disposal

facility.

(2)

Annual post-closure report. No later than April 9

of each year after the DEQ's approval

of the certification of final closure, a post-closure maintenance and monitoring report shall be

submitted to the DEQ until the post-closure period ends. This report shall document the

maintenance performed and summarize all monitoring data for the previous year.

(b)

Land disposal facilities. Land disposal facilities in post-closure monitoring shall also perform

the following.

(1)

Monitoring. The integrity of the groundwater and/or explosive gas monitoring systems

shall be maintained.

(A)

Groundwater monitoring shall be performed at least semi-annually, unless reduced in

accordance with OAC 252:515-9-73(c).

(B)

Explosive gas monitoring, if required during the active life, shall be performed at least

semi-annually.

(2)

Leachate collection, treatment and disposal.

(A)

The leachate collection system shall be maintained and operated to ensure leachate is

collected, treated and/or disposed in accordance with Subchapter 13 of this Chapter.

(B)

The leachate collection systems shall be equipped with a system for automatic and

continuous removal of leachate not requiring intervention by the owner/operator.

(C)

Untreated leachate shall not be stored on-site unless the permit provides a specified

method and capacity.

(3)

Final cover. The integrity and effectiveness of the final cover shall be maintained in

compliance with OAC 252:515-19-53, including making repairs to the cover as necessary to

correct the effects of settlement, subsidence, erosion, ponding of water, or other events, and

prevent run-on and run-off from eroding or otherwise damaging the final cover.

252:515-25-55. Post-closure use of property

(a)

Maintain integrity. Use of the property during the post-closure period must not disturb the

integrity of the final cover, the liner, or any other components of the containment system, or the

function of the monitoring systems.

(b)

DEQ approval. The owner/operator shall not allow any other use of the property during the

post-closure period unless it is approved by DEQ.

252:515-25-56. Certification of post-closure performance

(a)

Certification required. At the conclusion of the post-closure period, a Certification of Post-

closure Performance shall be submitted to the DEQ. The Certification shall:

(1)

statethefacilitywasmaintainedandmonitoredinaccordancewiththeapprovedpost-closure

plan, the permit, and applicable rules;

(2)

indicate whether monitoring throughout the post-closure period has shown the presence of

elevated levels of any constituent or if any evidence of contamination related to site operations

has been found and, if so, what corrective measures were taken; and

(3)

be maintained in the operating record.

(b)

In lieu of annual report. The Certification of Post-closure Performance shall be submitted in

lieu of the final annual post-closure report.

(c)

Professional engineer seal. The Certification of Post-closure Performance shall be prepared

and sealed by an independent professional engineer licensed in the State of Oklahoma if the facility

was permitted to serve a population or population equivalent of greater than 5,000.

252:515-25-57. Land use restrictions

(a)

Ascertain wastes. Any person contemplating using a closed land disposal facility shall

ascertain the types of wastes deposited, depth of waste cells, and the operating history of the site

and shall avoid any activity that may pose increased threat to human health or the environment.

(b)

Considerations. The following items are to be considered:

(1)

Enclosed structures have a potential for explosive concentrations of methane gas.

(2)

Irrigation, plowing or other activities that disturb materials below the topsoil could result in

percolation of moisture into the buried waste, causing increased settlement of waste and increased

generation of explosive gas.

(3)

Concentrated loadings can cause uneven settlement.

(4)

Pilings or foundation should not disturb or penetrate the final cover and/or bottom liner.

(c)

Utilities and pipelines. Utilities and pipelines must be routed around the waste disposal area.

(d)

Relocating waste. Any disturbed/excavated waste may not be redisposed on-site but must be

relocated to a properly permitted solid waste disposal facility.

SUBCHAPTER 27. COST ESTIMATES AND FINANCIAL ASSURANCE

PART 1. GENERAL PROVISIONS

Section

252:515-27-1. Applicability

252:515-27-2. Effective date

252:515-27-3. Duty to maintain financial assurance

252:515-27-4. Updating

252:515-27-5. Permit transfers

252:515-27-6. Effect of non-renewal of, or failure to maintain or provide, financial assurance

252:515-27-7. Substitute financial assurance

252:515-27-8. Economic life of disposal facility

PART 3. COST ESTIMATES

252:515-27-31. Cost estimates for closure

252:515-27-32. Cost estimates for post-closure care

252:515-27-33. Cost estimates for corrective action

252:515-27-34. Annual adjustments to cost estimates

PART 5. DETERMINATION OF COST ESTIMATES

252:515-27-51. Cost estimates for closure and post-closure

252:515-27-52. Cost estimates for corrective action

PART 7. FINANCIAL ASSURANCE MECHANISMS

252:515-27-71. General requirements for financial assurance mechanisms

252:515-27-72. Use of multiple mechanisms

252:515-27-73. Allowable financial assurance mechanisms

252:515-27-74. Cash

252:515-27-75. Certificate of deposit

252:515-27-76. Trust fund

252:515-27-77. Escrow account

252:515-27-78. Surety bond

252:515-27-79. Letter of credit

252:515-27-80. Insurance

252:515-27-81. Corporate financial test

252:515-27-81.1. Corporate financial test for other facilities

252:515-27-82. Local government financial test

252:515-27-83. Corporate guarantee

252:515-27-84. Local government guarantee

252:515-27-85. State approved mechanism

PART 1. GENERAL PROVISIONS

252:515-27-1. Applicability

(a)

All solid waste disposal facilities are subject to the requirements of this Subchapter except:

(1)

the following facilities, only if they principally manage municipal solid waste: transfer

stations, processing facilities, and non-commercial composting facilities;

(2)

yard waste composting facilities;

(3)

land disposal facilities in post-closure as of the effective date of this Chapter that were not

required to have financial assurance at the time of closure; and

(4)

units of State or Federal governments whose debts and liabilities are the debts and liabilities

of a State or the United States.

(b)

A facility identified in (a)(1), (a)(2), or (a)(3) of this Section required to undertake a corrective

action program maybe required to establish and maintain financial assurance in accordance with this

Subchapter.

252:515-27-2. Effective date

(a)

Closure and post-closure care. DEQ approved financial assurance for closure and post-

closure care must be established prior to the initial receipt of waste or April 9, 1997, whichever is

later.

(b)

Corrective action. DEQ approved financial assurance for corrective action must be established

no later than 120 days after the corrective action remedy has been selected in accordance with Part

13 of OAC 252:515-9, or an alternative corrective action plan has been approved.

(c)

Permit modifications. DEQ approved financial assurance must be established and

appropriately funded before the DEQ will issue a permit modification that results in an increase in

closure or post- closure cost estimates.

252:515-27-3. Duty to maintain financial assurance

Financial assurance for closure, post-closure, and/or corrective action, as applicable, must be

maintained continuously until released from the requirement to maintain such assurance by:

(1)

demonstrating compliance with the closure and/or post-closure requirements of Subchapter

25 of this Chapter; or

(2)

demonstrating compliance with the corrective action requirements of Part 15 of OAC

252:515-9, or an approved corrective action plan.

252:515-27-4. Updating

(a)

Unit costs. Provided they remain in effect, the unit costs and worksheets in Appendices H and

I shall be updated no later than April 9, 2005, and at least every five years thereafter.

(b)

Annual updates and adjustments. All references to and deadlines of "April 1 of each year"

in this subchapter shall be postponed to April 9 of each year. Refer to 252:515-27-8(c) and 27-34(a).

252:515-27-5. Permit transfers

(a)

Transfer of permit. When the permit is transferred from one owner/operator ("transferor") to

another owner/operator ("transferee"), the transferee shall either provide new financial assurance or

assume the existing assurance, if adequate in amount.

(b)

[RESERVED]

252:515-27-6. Effect of non-renewal of, or failure to maintain or provide, financial assurance

The DEQ shall begin proceedings to summarily suspend or revoke the permit for failure to:

(1)

establish financial assurance in accordance with this Subchapter;

(2)

renew or maintain an approved financial assurance mechanism as required; or

(3)

provide acceptable substitute financial assurance when necessary.

252:515-27-7. Substitute financial assurance

(a)

Substitutions allowed. Substitute financial assurance may be provided as specified in this

Subchapter.

(b)

Release of previous instrument. The DEQ will not release any current assurances until an

approved substitute is in place.

252:515-27-8. Economic life of disposal facility

(a)

New land disposal sites. The economic life of a new land disposal facility shall be based on the

area to be initially permitted for waste disposal, not on the total permitted area.

(1)

Economic life. For the purposes of determining the pay-in period for a trust fund or escrow

account used as a financial assurance mechanism, or another approved mechanism that allows

pay-in over a specified period of time, the economic life for a new land disposal facility shall be

the lesser of fifteen (15) years from the initial receipt of waste or the life as calculated in

accordance with (2) of this Subsection.

(2)

Calculation. The life shall be calculated according to the following formula: L = {[V -(P

x V)] x D} ÷ W, where

(A)

"L" equals the life of the disposal facility, in years;

(B)

"V" equals the total volume of air space in cubic yards available for waste disposal and

daily cover. V shall be calculated from the top of the protective layer to final contours

minus the amount of air space taken up by final cover;

(C)

"P" is the anticipated percentage of V that will be taken up by daily cover. Until an

alternative value based on a history of operational practice can be documented, including the

use of alternative covers, P must not be less than 20% (0.20);

(D)

"D" is the anticipated density of waste compacted in place in pounds per cubic yard.

Until an alternative value based on a history of operational practice can be documented, D

must not be more than 1000 pounds per cubic yard (1000 lbs/cy); and

(E)

"W" is the amount of waste expected to be received during one year of operation in

pounds per year. Until the owner/operator can document actual waste received based on a

history of operational practice, W must be calculated at 4.4 pounds per capita per day

multiplied by 365 days per year multiplied by the population served.

(b)

Existing land disposal sites.

(1)

For existing land disposal facilities, L shall be based on the remaining areas approved for

waste disposal, according to the formula in paragraph (a)(2). W shall be determined based on

scale records for the previous 12 months.

(2)

Economic life. For the purposes of determining the pay-in period for a trust fund or escrow

account used as a financial assurance mechanism, or another approved mechanism that allows

pay-in over a specified period of time, the economic life for an existing land disposal facility

shall be the lesser of fifteen (15) years from April 9, 1997, or the life as calculated in accordance

with (a)(2) and (b) of this Section.

(c)

Annual update. No later than April 9

of each year, the owner/operator of a land disposal

facility, other than generator-owned and operated non-hazardous industrial waste monofills, shall

submit calculations of the remaining life of the facility as of December 31st of the previous year.

The remaining life shall be the actual life as calculated in accordance with (a)(2) and (b) of this

Section, not the maximum economic life.

PART 3. COST ESTIMATES

252:515-27-31. Cost estimates for closure

(a)

Closure cost estimate. Closure cost estimates shall be submitted to the DEQ for approval. The

estimate shall be a detailed written estimate, in current dollars, of the cost of hiring a third party to

close the disposal facility in accordance with the permit, the approved closure plan, and the rules of

this Chapter at any time during its active life.

(b)

Amount. The cost estimate shall be set by the DEQ and be equal to the cost of closing the

facility when the extent and manner of its operation would make closure the most expensive, as

indicated by its closure plan.

(1)

Land disposal facilities. The closure cost for a land disposal facility must equal the cost of

closing the largest area of the facility ever requiring a final cover at any time during the active

life.

(2)

Other disposal facilities. The closure cost for other types of solid waste disposal facilities

shall equal the cost for removal and proper disposal of any remaining wastes, and the elimination

of potential environmental or health hazards.

(c)

Determination of closure cost estimate.

(1)

Closure cost estimates shall be determined in accordance with OAC 252:515-27-51.

(2)

A copy of the cost estimate shall be submitted to the DEQ for approval.

(3)

A copy of the approved estimate shall be placed in the operating record.

(d)

Increases required. Closure cost estimates and the amount of financial assurance provided

must be increased if, at any time during the active life, changes to the closure plan or facility

conditions increase the maximum cost of closure.

(e)

Reductions allowed. Proposals for reduction of closure cost estimates and the amount of

financial assurance required may be approved by the DEQ.

(1)

Conditions. To qualify for a reduction:

(A)

part of the closure plan must have been completed and approved by the DEQ; or

(B)

the cost estimate must be demonstrated to exceed the maximum cost of closure during

the remaining life of the facility.

(2)

Adequate assurance remains. The amount of security remaining after the reduction must

adequately cover the estimated closure cost yet to be performed.

(3)

DEQ approval required. Financial assurance shall not be reduced until DEQ approval has

been granted.

252:515-27-32. Cost estimates for post-closure care

(a)

Post-closure cost estimate required. Post-closure cost estimates shall be submitted to the

DEQ for approval. The estimate shall be a detailed written estimate, in current dollars, of the cost

of hiring a third party to conduct post-closure care for the disposal facility in accordance with the

permit, the approved post-closure plan, and the rules of this Chapter.

(b)

Amount. The cost estimate shall be set by the DEQ and equal the most expensive cost for post-

closure care, as indicated by the post-closure plan.

(c)

Determination of post-closure cost estimate.

(1)

Post-closure cost estimates shall be determined in accordance with OAC 252:515-27-51.

(2)

A copy of the cost estimate shall be submitted to the DEQ for approval.

(3)

A copy of the approved estimate shall be placed in the operating record.

(d)

Increases required. Post-closure cost estimates and the amount of financial assurance

provided must be increased if, at any time during the active life, changes to the post-closure plan

or facility conditions increase the maximum cost of post-closure care.

(e)

Reduction allowed. Proposals for reduction of post-closure cost estimates and the amount of

financial assurance required may be approved by the DEQ.

(1)

Estimate exceeds cost. To qualify for a reduction, the cost estimate must be demonstrated

to exceed the maximum cost of post-closure during the remaining life of the facility.

(2)

Adequate assurance remains. The amount of security remaining after the reduction must

adequately cover the estimated post-closure cost yet to be performed.

(3)

DEQ approval required. Financial assurance shall not be reduced until DEQ approval has

been granted.

252:515-27-33. Cost estimates for corrective action

(a)

Corrective action cost estimate required. When corrective action is required at a disposal

facility, cost estimates for corrective action shall be submitted to the DEQ for approval. The cost

estimates shall be a detailed written estimate, in current dollars, of the cost of hiring a third party to

perform the corrective action in accordance with the approved corrective action plan.

(b)

Amount. The corrective action cost estimate shall be set by the DEQ and account for the total

costs of corrective action activities as described in the approved corrective action plan for the entire

corrective action period.

(c)

Determination of corrective action cost estimate.

(1)

Corrective action cost estimates shall be determined in accordance with OAC 252:515-27-52.

(2)

A copy of the cost estimate shall be submitted to the DEQ for approval.

(3)

A copy of the approved estimate shall be placed in the operating record.

(d)

Increases required. The corrective action cost estimate and the amount of financial assurance

provided must be increased at any time changes to the corrective action program or facility

conditions increase the estimated cost of corrective action.

(e)

Reduction allowed. Proposals for reduction of corrective action cost estimates and the amount

of financial assurance required may be approved by the DEQ.

(1)

Estimate exceeds cost. To qualify for a reduction, the cost estimate must be demonstrated

to exceed the maximum cost of corrective action at any time during the remaining life of the

facility.

(2)

Adequate assurance remains. The amount of security remaining after the reduction must

adequately cover the estimated corrective action costs yet to be realized.

(3)

DEQ approval required. Financial assurance shall not be reduced until DEQ approval has

been granted.

252:515-27-34. Annual adjustments to cost estimates and financial assurance mechanisms

(a)

Adjustment required. Cost estimates for closure, post-closure, and/or corrective action shall

be adjusted and submitted to DEQ no later than April 9

of each year.

(1)

Recalculation of maximum costs. The maximum costs of closure, post-closure, and/or

corrective action may be recalculated in current dollars using the procedure in Part 5 of this

Subchapter (relating to determination of cost estimates).

(2)

Use of inflation factor. If there are no significant changes to the closure or post-closure

plan, corrective action plan, or facility conditions, cost estimates may be adjusted by use of an

inflation factor derived from the most recent annual "Implicit Price Deflator for Gross National

Product" or the "Implicit Price Deflator for Gross Domestic Product" published by the U.S.

Department of Commerce in its Survey of Current Business in the year for which the

adjustment is being made.

(A)

The first adjustment shall be made by multiplying the approved cost estimate by the

inflation factor. The result is the adjusted cost estimate.

(B)

Subsequent adjustments shall be made by multiplying the latest adjusted cost estimate

by the latest inflation factor.

(3)

Place in operating record. The approved adjusted cost estimates shall be placed in the

operating record.

(b) Annual Adjustment to financial assurance mechanism(s) required. Except as provided in

(c)and (d) of this Section, the financial assurance mechanism(s) shall be adjusted annually to

reflect the approved cost estimates. The adjusted financial assurance mechanism(s) must be

submitted to DEQ for approval no later than 30 days after approval of adjusted cost estimates.

(c)

Corporate test or guarantee as financial assurance mechanism. When the corporate test

(OAC 252:515-27-81) or guarantee (OAC 252:515-27-83) is used as the financial assurance

mechanism, the financial strength information specified in OAC 252:515-27-81(c) shall be

submitted to the DEQ for approval no later than 90 days after the close of the corporate fiscal year.

The DEQ may provide up to an additional 45 days to submit the information upon demonstration

that 90 days is insufficient time to acquire audited financial statements.

(d)

Local government test or guarantee as financial assurance mechanism. When the local

government test (OAC 252:515-27-82) or guarantee (OAC 252:515-27-84) is used as the financial

assurance mechanism, the financial strength information specified in OAC 252:515-27- 82(h) shall

be submitted to the DEQ for approval no later than 180 days after the close of the municipal

government's fiscal year. The DEQ may provide up to an additional 45 days to submit the

information upon demonstration that 180 days is insufficient time to acquire audited financial

statements.

PART 5. DETERMINATION OF COST ESTIMATES

252:515-27-51. Cost estimates for closure and post-closure

(a)

Determine cost estimate from unit costs. Cost estimate for closure and post-closure shall be

determined by completing the worksheets in Appendix H and I, respectively.

(b)

Deviation from unit costs using bids. Deviations from the unit costs for one or more individual

tasks identified in Appendix H or I may be approved by using the average of three current bids. The

following shall be submitted to the DEQ for approval:

(1)

identification of the task(s) for which bids will be provided;

(2)

a statement of work fully describing the actions necessary for completion of the task(s)

identified; and

(3)

written bids from three independent contractors not affiliated with the owner/operator. The

bids shall be dated within 30 days of submittal and be an estimate of the contractor's cost for

performing the work identified in the statement of work on behalf of the State of Oklahoma.

(c)

Deviation from unit costs using actual costs. Deviations from the unit costs for one or more

of the individual tasks identified in Appendix H or I may be approved by using actual costs paid

within the previous six (6) months by the owner/operator for work performed. The following shall

be submitted to the DEQ for approval:

(1)

identification of the task(s) for which actual costs will be provided;

(2)

a statement of work from the contractor, fully describing the work done to meet the

requirements of the task(s); and

(3)

written documentation from the contractor identifying his cost to the owner/operator for

performance of the task.

(d)

Tasks not specified in Appendix H or I. If a disposal facility has unique tasks required under

its approved closure or post-closure plan that are not identified in Appendix H or I, those tasks shall

be identified and the costs estimated in accordance with (b)(1) through (b)(3) or (c)(1) through (c)(3)

of this Section.

(e)

DEQ approval required. The completed worksheets, bid documentation, and/or actual cost

documentation shall be submitted to the DEQ for approval.

252:515-27-52. Cost estimates for corrective action

(a)

Equivalent tasks specified in Appendix H or I. For those corrective action tasks in the

approved corrective action plan for which there are equivalent tasks in Appendix H or I, applicable

portions of Appendix H or I or the procedure in OAC 252:515-27-51 shall be used to determine cost

estimates.

(b)

Equivalent tasks not specified in Appendix H or I. For those corrective action tasks in the

approved corrective action plan for which there are no equivalent tasks in Appendix H or I, the cost

estimate shall be determined by using the procedure in OAC 252:515-27-51(b)(1) through (b)(3) or

(c)(1) through (c)(3).

PART 7. FINANCIAL ASSURANCE MECHANISMS

252:515-27-71. General requirements for financial assurance mechanisms

(a)

Requirements. To qualify as financial assurance for the performance costs of closure, post-

closure, and/or corrective action, a financial assurance mechanism must:

(1)

ensure that the amount of funds assured is sufficient to cover the costs of closure, post-

closure care, and/or corrective action for known releases when needed;

(2)

ensure that funds will be available in a timely fashion when needed;

(3)

be legally valid, binding, and enforceable under State and Federal law;

(4)

be non-negotiable;

(5)

be in an amount approved by the DEQ;

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(6)

indicate the purpose of the financial assurance is to provide funds for the adequate

completion of closure, post-closure, and/or corrective action upon the failure of the

owner/operator ("principal") to fully complete performance according to the terms of the permit

and applicable law;

(7)

provide the name, address, telephone number(s), contact person(s), and organizational

information for the principal and for the financial assurance issuer ("issuer");

(8)

provide information on financial responsibility and liability limits of the issuer;

(9)

provide a clause requiring payment to the State of Oklahoma, Department of Environmental

Quality Revolving Fund, as the sole beneficiary upon the DEQ's certification that the principal

has not fully or satisfactorily performed required closure, post-closure, and/or corrective action

activities;

(10)

provide a clause addressing termination and stating that neither the principal nor issuer

can revoke or cancel the financial assurance mechanism without notice to the DEQ 120 days

before revocation or cancellation is effective;

(11)

provide a clause requiring notice to the DEQ by issuer and to the principal prior to

renewal date, if any;

(12)

provide a clause requiring 30 day notice to the DEQ by issuer of principal's failure to pay

renewal fee(s), if any;

(13)

specify whether coverage is for the life of the facility through certified closure, the

period of post-closure care required by law, and/or corrective action;

(14)

include original signatures and typed names of authorized agents of the principal and the

issuer; and

(15)

contain evidence that the signatory for the issuer is empowered to commit the issuer to

payment.

(b)

Submit to DEQ. An original and one copy of the approved mechanism shall be submitted

to the DEQ for deposit or filing in the State Treasurer's office.

252:515-27-72. Use of multiple mechanisms

(a)

Multiple mechanisms allowed. Financial assurance requirements may be satisfied by

establishing more than one approved financial assurance mechanism described in this Part.

(b)

Amount must be sufficient. If multiple mechanisms are used, the amount of financial

assurance for all mechanisms must total at least the current cost estimate for closure, post-closure

care and/or corrective action.

(c)

Limitations on performance mechanisms. Mechanisms guaranteeing performance rather

than payment may not be combined with other mechanisms.

(d)

Limitations on corporate test or guarantee. The financial test or a guarantee provided by a

corporate parent, sibling, or grandparent may not be combined if the financial statements of the

two firms are consolidated.

252:515-27-73. Allowable financial assurance mechanisms

(a)

The owner/operator must choose from the financial assurance mechanisms specified in this Part.

(b)

The mechanisms must ensure that the funds necessary to meet the costs of closure, post-closure

care, and corrective action for known releases will be available whenever they are needed.

252:515-27-74. Cash

(a)

Cash authorized. Financial assurance requirements may be satisfied by making a deposit, via

cash, certified check, or money order, to the State Treasury, payable to the Department of

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Environmental Quality Revolving Fund, for the fully approved cost estimates for closure, post-

closure, and/or corrective action.

(b)

Additional requirements. Compliance with OAC 252:515-27-71(a)(5), (6), (7), and (13) is

required.

(c)

Submit to DEQ. Documentation demonstrating compliance with(a) and(b) of this Sections

hall be submitted to the DEQ and placed in the operating record.

252:515-27-75. Certificate of deposit

(a)

Certificate of deposit authorized. Financial assurance requirements may be satisfied through

a certificate of deposit payable to the Department of Environmental Quality Revolving Fund, for the

fully approved cost estimates for closure, post-closure, and/or corrective action. Such certificate

shall be filed with the Office of the State Treasurer.

(b)

Chartered bank. The certificate of deposit shall be issued by a state or federally chartered bank,

regulated and examined by a state or federal agency.

(c)

Additional requirements. Compliance with OAC 252:515-27-71(a)(5), (6), (7), and (13) is

required.

(d)

Submit to DEQ. Documentation demonstrating compliance with (a) through (c) of this Section

shall be submitted to the DEQ and placed in the operating record.

252:515-27-76. Trust fund

(a)

Trust fund authorized. Financial assurance requirements may be satisfied by establishing a

trust fund meeting the requirements of this Section.

(b)

Acceptable trustee. The trustee must be an entity which has the authority to act as a trustee and

whose trust operations are regulated and examined by a federal or state agency.

(c)

Additional requirements. The trust must be in a format approved by the DEQ and contain an

irrevocable assignment of the funds to the DEQ.

(d)

Submit trust agreement to DEQ. A copy of the trust agreement must be submitted to the DEQ

for approval and a copy of the approved trust agreement placed in the facility's operating record.

(e)

Pay-in period. Payments into the trust fund must be made no later than April 9th of each year

as follows:

(1)

Closure and/or post-closure. For closure and/or post-closure care, the pay-in period shall

be the economic life of the disposal facility, as determined in accordance with OAC 252:515-27-

8(a)(1) or (b)(1), as applicable.

(2)

Corrective action. For corrective action, the pay-in period shall be 15 years after the

corrective action remedy has been selected, or one-half of the estimated length of the corrective

action program, whichever is shorter.

(f)

Payments into trust for closure or post-closure. Payments into the trust for closure and/or

post-closure shall be made as follows:

(1)

First payment. The first payment into the fund must be at least equal to the current cost

estimate for closure or post-closure care, except as provided in OAC 252:515-27-72 (relating to

the use of multiple mechanisms), divided by the number of years in the pay-in period.

(2)

Subsequent payments. Subsequent payments shall be determined by the following formula:

Next Payment = (CE - CV) ÷ Y, where

(A)

"CE" is the current cost estimate for closure and/or post-closure care (updated for

inflation or other changes); and

(B)

"CV" is the current value of the trust fund; and

(C)

"Y" is the number of years remaining in the pay-in period.

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(g)

Payments into trust for corrective action. Payments into the trust for corrective action shall

be made as follows:

(1)

First payment. The first payment into the trust fund must be at least equal to one-half of the

current cost estimate for corrective action, except as provided in OAC 252:515-27-72 or the

approved corrective action plan, divided by the number of years in the corrective action pay-in

period.

(2)

Subsequent payments. Subsequent payments shall be determined by the following formula:

Next Payment = (RB - CV) ÷ Y, where

(A)

"RB" is the most recent estimate of the required trust fund balance for corrective

action (i.e., the total costs that will be incurred during the second half of the corrective action

period); and

(B)

"CV" is the current value of the trust fund; and

(C)

"Y" is the number of years remaining in the corrective action pay-in period.

(h)

Trust fund after use of other mechanisms. If a trust fund is established after having used one

or more alternate mechanisms specified in this Part, the initial payment into the trust fund must be

at least the amount that the fund would contain if the trust fund were established initially and annual

payments made in accordance with (f) and/or (g) of this Section.

(i)

Requests for reimbursement from trust fund. Persons authorized to conduct closure, post-

closure care, or corrective action activities may request reimbursement from the trustee for these

expenditures.

(1)

Sufficient funds available. Requests for reimbursement will be granted by the trustee only

if sufficient funds are remaining in the trust fund to cover the remaining costs of closure, post-

closure care, or corrective action

(2)

Submit justification to DEQ. Documentation of the justification for reimbursement must

be submitted to the DEQ.

(3)

Place in operating record. A copy of the approved documentation shall be placed in the

operating record.

(4)

Document reimbursement received. Documentation shall be provided to the DEQ to

demonstrate reimbursement has been received.

252:515-27-77. Escrow account

(a)

Escrow account authorized. Financial assurance requirements maybe satisfied by

establishing an escrow account in the name of the Department of Environmental Quality.

(b)

Chartered bank. The escrow bank must be a state or national bank located within the State of

Oklahoma authorized to receive and hold State funds.

(c)

Additional requirements.

(1)

Escrow agreement. The escrow agreement must contain an irrevocable assignment of the

funds therein to the Department of Environmental Quality to be used in accordance with this

Section.

(2)

Funds insured. The funds placed in the escrow account must be fully insured and/or

collateralized by the Bank's pledge of government securities.

(d)

DEQ approval required. The form of the escrow agreement must be approved by the DEQ,

and a copy of the approved escrow agreement submitted to the DEQ and placed in the operating

record.

(e)

Pay-in period. Payments into the escrow account must be made no later than April 9th of each

year as follows:

(1)

Closure and/or post-closure. For closure and/or post-closure care, the pay-in period shall

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be the economic life of the disposal facility, as determined in accordance with OAC 252:515-27-

8(a)(1) or (b)(1), as applicable.

(2)

Corrective action. For corrective action, the pay-in period shall be 15 years after the

corrective action remedy has been selected, or one-half of the estimated length of the corrective

action program, whichever is shorter.

(f)

Payments into escrow for closure or post-closure. Payments into the escrow account for

closure and/or post-closure shall be made as follows:

(1)

First payment. The first payment must be at least equal to the current cost estimate for

closure or post-closure care, except as provided in OAC 252:515-27-72 (relating to the use of

multiple mechanisms), divided by the number of years in the pay-in period.

(2)

Subsequent payments. Subsequent payments shall be determined by the following formula:

Next Payment = (CE - CV) ÷ Y, where

(A)

"CE" is the current cost estimate for closure and/or post-closure care (updated for

inflation or other changes); and

(B)

"CV" is the current value of the escrow account; and

(C)

"Y" is the number of years remaining in the pay-in period.

(g)

Payments into escrow for corrective action. Payments into the escrow account for corrective

action shall be as follows:

(1)

First payment. The first payment must be at least equal to one-half of the current cost

estimate for corrective action, except as provided in OAC 252:515-27-72 or the approved

corrective action plan, divided by the number of years in the corrective action pay-in period.

(2)

Subsequent payments. Subsequent payments shall be determined by the following

formula: Next Payment = (RB - CV) ÷ Y, where

(A)

"RB" is the most recent estimate of the required trust fund balance for corrective

action (i.e., the total costs that will be incurred during the second half of the corrective action

period); and

(B)

"CV" is the current value of the escrow account; and

(C)

"Y" is the number of years remaining in the corrective action pay-in period.

(h)

Escrow after use of other mechanisms. If an escrow account is established after

having used one or more alternate mechanisms specified in this Part, the initial payment into

the escrow account must be at least the amount that the account would contain if it were

established initially and annual payments made in accordance with (f) and/or (g) of this

Section.

(i)

Reimbursements authorized. Persons authorized to conduct closure, post-closure care, or

corrective action activities, may request the DEQ authorize reimbursement from the escrow account

for these expenditures.

(1)

Sufficient funds available. Requests for reimbursement will be granted by the DEQ only

if sufficient funds are remaining in the escrow account to cover the remaining costs of closure,

post-closure care, or corrective action.

(2)

Submit justification to DEQ. Justification for the reimbursement must be submitted to the

DEQ for approval.

(3)

Place in operating record. A copy of the approval and supporting documentation must be

placed in the operating record.

(4)

Document reimbursement received. Documentation shall be provided to the DEQ to

demonstrate reimbursement has been received.

(5)

Principal protected. The escrow bank shall not allow any withdrawal from the escrow

account, except for interest once the account is fully funded, without written authorization from

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the Executive Director of the DEQ.

252:515-27-78. Surety bond

(a)

Surety bond for closure and/or post-closure authorized. Financial assurance requirements

for closure or post-closure care may be satisfied by obtaining a payment or performance surety bond

conforming to the requirements of this Section.

(b)

Performance bond for corrective action authorized. Financial assurance requirements for

corrective action may be satisfied by obtaining a performance bond conforming to the requirements

of this Section.

(c)

Submit bond to DEQ. A copy of the bond must be submitted to the DEQ for approval and a

copy of the approved bond placed in the operating record.

(d)

Acceptable bonds. The surety company issuing the bond must, at a minimum, be among those

listed as acceptable sureties on Federal bonds in Circular 570 of the U.S. Department of the Treasury.

(e)

Penal sum. The penal sum of the bond must be in an amount at least equal to the current

closure, post-closure care or corrective action cost estimate, whichever is applicable, except as

provided in OAC 252:515-27-72 (relating to the use of multiple mechanisms).

(f)

Surety liable. Under the terms of the bond, the surety will become liable on the bond obligation

when the owner/operator fails to perform as guaranteed by the bond.

(g)

Establish standby trust fund. A standby trust to receive bond payments must be established

that meets the requirements of OAC 252:515-27-76, except the requirements for initial payment and

subsequent annual payments specified in OAC 252:515-27-76(e) through (g).

(h)

Deposits into standby trust. Payments made under the terms of the bond must be deposited by

the surety directly into the standby trust fund.

(i)

Payments from the trust. Payments from the trust fund must first be approved by the DEQ and

the trustee.

(j)

Cancellation by surety. Under the terms of the bond, the surety may cancel the bond by

sending notice of cancellation by certified mail to the owner/operator and to the DEQ 120 days in

advance of cancellation.

(k)

New financial assurance required. DEQ approved alternate financial assurance meeting the

requirements of this Part must be established:

(1)

prior to the effective date of cancellation of the bond by the surety, or

(2)

within 60 days of receipt of notice the surety no longer meets the requirements of (d) of this

Section.

252:515-27-79. Letter of credit

(a)

Letter of credit authorized. Financial assurance for closure, post-closure care, and/or

corrective action may be satisfied by obtaining an irrevocable standby letter of credit that

conforms to the requirements of this Section.

(b)

Submit letter of credit to DEQ. A copy of the letter of credit must be submitted to the DEQ

for approval, and a copy of the approved letter of credit placed in the operating record.

(c)

Acceptable issuing institutions. The issuing institution must be an entity that has the authority

to issue letters of credit and whose letter of credit operations are regulated and examined by a federal

or state agency.

(d)

Documents to include. A letter from the owner/operator referring to the letter of credit by

number and containing the following must be included with the letter of credit:

(1)

the name of the issuing institution;

(2)

the date the letter of credit was issued;

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(3)

the disposal facility name and address; and

(4)

the amount of funds assured.

(e)

Letter of credit requirements. The letter of credit must:

(1)

be irrevocable;

(2)

be issued for a period of at least one year in an amount at least equal to the current cost

estimate for closure, post-closure care and/or corrective action, except as provided in OAC

252:515-27-72; and

(3)

provide that the expiration date will be automatically extended for a period of at least one

year unless the issuing institution cancels the letter of credit.

(f)

Cancellation by issuing institution. The issuing institution may cancel the letter of credit by

sending notice of cancellation by certified mail to the owner/operator and the DEQ 120 days in

advance of cancellation.

(g)

New financial assurance required. If the letter of credit is canceled by the issuing institution,

alternate financial assurance meeting the requirements of this Part must be obtained prior to the

effective date of cancellation.

252:515-27-80. Insurance

(a)

Insurance authorized. Financial assurance for closure and/or post-closure care maybe

satisfied by obtaining insurance that conforms to the requirements of this Section.

(b)

Definition. When used in this Section, the term "face amount" means the total amount the

insurer is obligated to pay under the policy. Actual payments by the insurer will not change the face

amount, although the insurer's future liability will be lowered by the amount of the payments.

(c)

Acceptable insurers. At a minimum, the insurer must be licensed to transact the business of

insurance in the State of Oklahoma, or be eligible to provide insurance as an excess or surplus lines

insurer, in one or more States.

(d)

Submit to the DEQ. A copy of the insurance policy must be submitted to the DEQ for approval,

and a copy of the approved policy placed in the operating record.

(e)

Policy requirements. The insurance policy must include the following provisions.

(1)

Face amount. The policy must be issued for a face amount at least equal to the current cost

estimate for closure or post-closure care, whichever is applicable, except as provided in OAC

252:515-27-72 (relating to the use of multiple mechanisms).

(2)

Funds available. The policy must guarantee that funds will be available to close the facility

whenever final closure occurs or to provide post-closure care for the facility whenever the post-

closure care period begins, whichever is applicable.

(3)

Insurer responsible. The policy must guarantee that once closure or post-closure care

begins, the insurer will be responsible for the paying out of funds to the owner/operator or other

person authorized to conduct closure or post-closure care, up to an amount equal to the face

amount of the policy.

(4)

Assignment of policy. The policy must contain a provision allowing assignment of the

policy to a successor owner/operator. Such assignment may be conditional upon consent of the

insurer, provided that such consent is not unreasonably refused.

(5)

Insurer may not cancel, terminate, or fail to renew. The policy must include a provision

that the insurer may not cancel, terminate or fail to renew the policy except for failure to pay the

premium.

(6)

Automatic renewal. The policy must provide the insured with the option of automatic

renewal of the policy at the face amount of the expiring policy.

(f)

Reimbursements authorized. Persons authorized to conduct closure or post-closure care may

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receive reimbursements from the insurer for closure or post-closure expenditures, whichever is

applicable.

(1)

Sufficient value. The remaining value of the policy must be sufficient to cover the

remaining costs of closure or post-closure care.

(2)

Justification. Justification for the reimbursement must be submitted to the DEQ for

approval.

(3)

Place in operating record. A copy of the approval and supporting documentation must be

placed in the operating record.

(4)

Document reimbursement received. Documentation shall be provided to the DEQ to

demonstrate reimbursement has been received.

(g)

Cancellation for non-payment. If there is a failure to pay the premium, the insurer may cancel

the policy by sending notice of cancellation by certified mail to the owner/operator and to the DEQ

at least 120 days in advance of cancellation.

(h)

New financial assurance required. DEQ approved alternate financial assurance meeting the

requirements of this Part must be established:

(1)

prior to cancellation of the policy by the insurer; or

(2)

within 60 days of receipt of notice the insurer no longer meets the requirements of (c) of this

Section.

(i)

Annual increases for policies for post-closure care.

(1)

For insurance policies providing coverage for post-closure care, commencing on the

date that liability to make payments pursuant to the policy accrues, the insurer must thereafter

annually

increase the face amount of the policy.

(2)

Such increase must be equivalent to the face amount of the policy, less any payments made,

multiplied by an amount equivalent to 85 percent of the most recent investment rate or of the

equivalent coupon-issue yield announced by the U.S. Treasury for 26-week Treasury securities.

252:515-27-81. Corporate financial test

(a)

Corporate test authorized. A corporate owner/operator that satisfies the requirements of this

Section may demonstrate financial assurance up to the amount specified in this Section.

(b)

Financial component. The following demonstrations must be submitted to the DEQ for

approval and a copy of the approved demonstrations placed in the operating record.

(1)

The corporation must satisfy one of the following three conditions:

(A)

a current rating for its senior unsubordinated debt of AAA, AA, A, or BBB as issued by

Standard and Poor's or Aaa, Aa, A or Baa as issued by Moody's; or

(B)

a ratio of less than 1.5 comparing total liabilities to net worth; or

(C)

a ratio of greater than 0.10 comparing the sum of net income plus depreciation,

depletion and amortization, minus $10 million, to total liabilities.

(2)

The corporation's tangible net worth must be greater than:

(A)

The sum of the current closure, post-closure care, corrective action cost estimates

and any other environmental obligations, including guarantees, covered by a financial test

plus

$10 million except as provided in (B) of this paragraph.

(B)

$10 million in net worth plus the amount of any guarantees that have not been

recognized as liabilities on the financial statements provided all of the current closure, post-

closure care, and corrective action costs and any other environmental obligations covered by

a financial test are recognized as liabilities on the corporation's audited financial statements,

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and subject to the approval of the DEQ.

(3)

The corporation must have assets located in the United States amounting to at least the sum

of current closure, post-closure care, corrective action cost estimates and any other

environmental obligations covered by a financial test as described in (d) of this Section.

(c)

Recordkeeping and reporting. The following must by submitted to the DEQ for approval and

a copy of the approved documents placed in the operating record.

(1)

a letter signed by the owner/operator's chief financial officer that:

(A)

lists all the current cost estimates covered by a financial test, including, but not limited

to:

(i)

cost estimates required for municipal solid waste management facilities under this

Chapter;

(ii)

cost estimates required for UIC facilities under 40 CFR Part 144, if applicable;

(iii)cost estimates required for petroleum underground storage tank facilities under 40

CFR Part 280, if applicable;

(iv)

cost estimates required for PCB storage facilities under 40 CFR Part 761, if

applicable; and

(v)

cost estimates required for hazardous waste treatment, storage, and disposal

facilities under 40 CFR parts 264 and 265, if applicable; and

(B)

provides evidence demonstrating that the corporation meets the conditions of either

(b)(1)(A), (b)(1)(B), or (b)(1)(C) of this Section, and (b)(2) and (b)(3) of this Section.

(2)

a copy of an independent certified public accountant's unqualified opinion of the

owner/operator's financial statements for the latest completed fiscal year. A corporate

owner/operator may not use the corporate test as a financial assurance mechanism if it receives

an adverse opinion, disclaimer of opinion, or other qualified opinion from the independent

certified public accountant. In such case, alternate financial assurance meeting the requirements

of this Part shall be provided.

(3)

If the chief financial officer's letter providing evidence of financial assurance includes

financial data showing that owner/operator satisfies (b)(1)(B) or(b)(1)(C) of this Section that are

different from data in the audited financial statements referred to in (c)(2) of this Section or any

other audited financial statement or data filed with the SEC, then a special report from the

owner/operator's independent certified public accountant to the owner/operator is required. The

special report shall be based upon an agreed upon procedures engagement in accordance with

professional auditing standards and shall describe the procedures performed in comparing the

data in the chief financial officer's letter derived from the independently audited, year-end

financial statements for the latest fiscal year with the amounts in such financial statements, the

findings of that comparison, and the reasons for any differences.

(4)

If the chief financial officer's letter provides a demonstration that the firm has assured for

environmental obligations as provided in (b)(2)(B) of this Section, then the letter shall include

a report from the independent certified public accountant that verifies that all of the

environmental obligations covered by a financial test have been recognized as liabilities on the

audited financial statements, how these obligations have been measured and reported, and that

the tangible net worth of the firm is at least $10 million plus the amount of any guarantees

provided.

(d)

Calculation of costs to be assured. When calculating the current cost estimates for closure,

post-closure care, corrective action, or the sum of the combination of such costs to be covered, and

any other environmental obligations assured by a financial test referred to in this Section, the

owner/operator must include:

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(1)

cost estimates required for municipal solid waste management facilities under this Chapter;

and

(2)

cost estimates required for the following if it assures them through a financial test:

(A)

obligations associated with UIC facilities under 40 CFR Part 144

(B)

obligations associated with petroleum underground storage tank facilities under 40

CFR Part 280;

(C)

obligations associated with PCB storage facilities under 40 CFR Part 761; and

(D)

obligations associated with hazardous waste treatment, storage, and disposal facilities

under 40 CFR parts 264 and 265.

(e)

New financial assurance required. If the owner/operator no longer meets the requirements of

(b) of this Section, the owner/operator must obtain DEQ approved alternative financial assurance

that meets the requirements of this Part within 120 days following the close of the owner/operator's

fiscal year.

(f) DEQ may request financial information. The DEQ may, based on a reasonable belief that the

owner/operator may no longer meet the requirements of (b) of this Section, require the

owner/operator to provide reports of its financial condition in addition to or including current

financial test documentation as specified in (c) of this Section. If the DEQ finds that the

owner/operator no longer meets the requirements of (b) of this Section, the owner/operator must

comply with (e) of this Section.

252:515-27-81.1, Corporate financial test for other facilities

A corporate owner/operator of other solid waste facilities, such as NHIW and C&D facilities,

may use the corporate financial test to demonstrate financial assurance in the same manner as a

MSWLF in accordance with 252:515-27-81.

252:515-27-82. Local government financial test

(a)

Local government test authorized. A local government owner/operator that satisfies the

requirements of this Section may demonstrate financial assurance up to the amount specified in this

Section.

(b)

Local government not eligible for assurance. A local government is not eligible to assure its

obligations under this Section if it:

(1)

is currently in default on any outstanding general obligation bonds;

(2)

has any outstanding general obligation bonds rated lower than Baa as issued by Moody's or

BBB as issued by Standard and Poor's;

(3)

operated at a deficit equal to five percent or more of total annual revenue in each of the past

two fiscal years; or

(4)

receives an adverse opinion, disclaimer of opinion, or other qualified opinion from the

independent certified public accountant (or appropriate State agency) auditing its financial

statement as required by (e) of this Section.

(c)

Definitions. The following words or terms, when used in this Section, shall have the following

meaning unless the context clearly indicates otherwise:

(1)

"Deficit" means total annual revenues minus total annual expenditures;

(2)

"Total revenues" means revenues from all taxes and fees but does not include the proceeds

from borrowing or asset sales, excluding revenue from funds managed by local government on

behalf of a specific third party;

(3)

"Total expenditures" means all expenditures excluding capital out lays and debt repayment;

(4)

"Cash plus marketable securities" means all the cash plus marketable securities held by

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the local government on the last day of a fiscal year, excluding cash and marketable securities

designated to satisfy past obligations such as pensions; and

(5)

"Debt service" means the amount of principal and interest due on a loan in a given time

period, typically the current year.

(d)

Financial component. The owner/operator must submit a demonstration to the DEQ for

approval, that it satisfies one of the following, and place a copy of the approved demonstration in

the operating record.

(1)

General obligation bond rating. If the owner/operator has outstanding, rated, general

obligation bonds that are not secured by insurance, a letter of credit, or other collateral or

guarantee, it must have a current rating of Aaa, Aa, A, or Baa, as issued by Moody's, or AAA,

AA, A, or BBB, as issued by Standard and Poor's on all such general obligation bonds; or

(2)

Financial ratio. The owner/operator must satisfy each of the following financial ratios

based on the owner/operator's most recent audited annual financial statement:

(A)

A ratio of cash plus marketable securities to total expenditures greater than or equal to

0.05; and

(B)

A ratio of annual debt service to total expenditures less than or equal to 0.20.

(e)

Preparation of financial statements. The owner/operator must prepare its financial

statements in conformity with Generally Accepted Accounting Principles for governments and

have its financial statements audited by an independent certified public accountant (or appropriate

State agency).

(f)

Public notice component.

(1)

CAFR. Except as provided in (2) of this Subsection, the owner/operator must place a

reference to the closure, post-closure care, and/or corrective action costs assured through the

financial test into its next comprehensive annual financial report (CAFR). Disclosure must

include:

(A)

the nature and source of closure and post-closure care, and/or corrective action

requirements;

(B)

the reported liability at the balance sheet date;

(C)

the estimated total closure and post-closure care cost remaining to be recognized;

(D)

the percentage of landfill capacity used to date; and

(E)

the estimated remaining facility life in years. The estimated remaining life shall be the

actual life as calculated in accordance with OAC 252:515-27-8, not the maximum

economic life.

(2)

First year. For the first year the financial test is used to assure costs at a particular facility,

the reference may be placed in the operating record until issuance of the next available CAFR

or annual audited financial statement if timing does not permit the reference to be incorporated

into the most recently issued CAFR or budget.

(g)

Assurance of compliance. For closure and post-closure costs, conformance with Government

Accounting Standards Board Statement 18 assures compliance with the public notice requirements

of (f) of this Section.

(h)

Recordkeeping and reporting. The local government owner/operator must submit the

following to the DEQ for approval, and place a copy of the approved documents in the facility's

operating record.

(1)

a letter signed by the local government's chief financial officer that:

(A)

lists all the current cost estimates covered by a financial test, as described in (k) of this

Section;

(B)

provides evidence and certifies that the local government meets the conditions

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of(b), (d), and (e) of this Section; and

(C)

certifies that the local government meets the conditions of (f) and (k) of this Section.

(2)

the local government's independently audited year-end financial statements for the latest

fiscal year (except for local governments where audits are required every two years where

unaudited statements may be used in years when audits are not required), including the

unqualified opinion of the auditor who must be an independent, certified public accountant or

an appropriate State agency that conducts equivalent comprehensive audits;

(3)

a report to the local government from the local government's independent certified public

accountant (CPA) or the appropriate State agency based on performing an agreed upon

procedures engagement relative to the financial ratios required by (d)(2) of this Section, if

applicable, and the requirements of (b)(3), (b)(4), and (e) of this Section. The CPA or State

agency's report should state the procedures performed and the CPA or State agency's findings;

and

(4)

either a copy of the comprehensive annual financial report (CAFR) or annual audited

financial statements used to comply with (f) of this Section, or certification that the requirements

of General Accounting Standards Board Statement 18 have been met.

(i)

New financial assurance required. A local government must satisfy the requirements of the

financial test at the close of each of its fiscal years. If the local government owner/operator no longer

meets the requirements of the local government financial test it must obtain a DEQ approved

alternative financial assurance that meets the requirements of this Part within 210 days following the

close of its fiscal year.

(j)

DEQ may request financial information. The DEQ, based on a reasonable belief that the local

government owner/operator may no longer meet the requirements of the local government financial

test, may require additional reports of financial condition from the local government at any time.

If the DEQ finds, on the basis of such reports or other information, that the owner/operator no longer

meets the requirements of the local government financial test, the local government must comply

with (i) of this Section.

(k)

Calculation of costs to be assured. The portion of the closure, post-closure, and corrective

action costs for which an owner/operator can assure under this Section is determined as follows.

(1)

No other environmental obligations. If the local government owner/operator does not

assure other environmental obligations through a financial test, it may assure closure, post-

closure, and corrective action costs that equal up to 43 percent of the local government's total

annual revenue.

(2)

Other environmental obligations. If the local government assures other environmental

obligations through a financial test, including those associated with UIC facilities under 40 CFR

144.62, petroleum underground storage tank facilities under 40 CFR Part 280, PCB storage

facilities under 40 CFR Part 761, and hazardous waste treatment, storage, and disposal facilities

under 40 CFR Parts 264 and 265, it must add those costs to the closure, post-closure, and

corrective action costs it seeks to assure under this paragraph. The total that may be assured

must not exceed 43 percent of the local government's total annual revenue.

(3)

Alternative financial assurance required. The owner/operator must obtain an alternate

financial assurance mechanism for those costs that exceed the limits specified in (1) and (2) of

this Subsection.

252:515-27-83. Corporate guarantee

(a)

Corporate guarantee authorized. An owner/operator may satisfy his financial assurance

requirements by obtaining a written guarantee from a corporate sponsor ("guarantor").

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(b)

Relationship of guarantor to owner/operator. The guarantor must be the direct or higher-tier

parent corporation of the owner/operator, a firm whose parent corporation is also the parent

corporation of the owner/operator, or a firm with a substantial business relationship with the

owner/operator.

(c)

Requirements of guarantor. The guarantor must meet the requirements for corporate

owner/operators in OAC 252:515-27-81 and must comply with the terms of the guarantee.

(d)

Documentation required. The owner/operator must submit to the DEQ for approval, a

certified copy of the guarantee, along with copies of the information described in OAC 252:515-

27-81(c). A copy of the approved documentation shall be placed in the operating record.

(1)

If the guarantor's parent corporation is also the parent corporation of the owner/operator, the

letter from the guarantor's chief financial officer must describe the value received in

consideration of the guarantee.

(2)

If the guarantor is a firm with a substantial business relationship with the owner/operator,

this letter must describe this substantial business relationship and the value received in

consideration of the guarantee.

(e)

Terms of guarantee. The terms of the guarantee must include certain provisions.

(1)

Failure to perform. If the owner/operator fails to perform closure, post-closure care, and/or

corrective action of a facility covered by the guarantee, the guarantor will:

(A)

perform, or pay a third party to perform, closure, post-closure care, and/or corrective

action as required (performance guarantee); or

(B)

establish a fully funded trust fund as specified in OAC 252:515-27-76 in the name of

the owner/operator (payment guarantee).

(2)

Guarantee remains in force unless cancelled. The guarantee will remain in force for as

long as the owner/operator must comply with the applicable financial assurance requirements of

this Subchapter unless the guarantor sends prior notice of cancellation by certified mail to the

owner/operator and to the DEQ. Cancellation may not occur, however, during the 120 days

beginning on the date of receipt of the notice of cancellation by both the owner/operator and the

DEQ, as evidenced by the return receipts.

(3)

Obtain alternate financial assurance after cancellation. If notice of cancellation is given,

the owner/operator must, within 90 days following receipt of the cancellation notice by the

owner/operator and the DEQ, obtain DEQ approved alternate financial assurance meeting the

requirements of this Part.

(4)

Failure to provide alternate financial assurance. If the owner/operator fails to provide

alternate financial assurance within the 90-dayperiod, the guarantor must provide DEQ

approved alternate assurance within 120 days of receipt of the cancellation notice.

(f)

Corporate guarantor no longer qualifies.

(1)

Obtain alternative financial assurance. If a corporate guarantor no longer meets the

requirements of OAC 252:515-27-81(b), the owner/operator must, within 90 days of receipt of

such notice, obtain DEQ approved alternative financial assurance meeting the requirements of

this Part.

(2)

Failure to provide alternate financial assurance. If the owner/operator fails to provide

alternate financial assurance within the 90-day period, the guarantor must provide DEQ

approved alternate assurance within the next 30 days.

252:515-27-84. Local government guarantee

(a)

Use of local government guarantee to satisfy financial assurance. An owner/operator may

demonstrate financial assurance for closure, post-closure, and corrective action by obtaining a

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written guarantee provided by a local government ("guarantor").

(b)

Requirements of guarantor. The guarantor must meet the requirements of the local

government financial test in OAC 252:515-27-82, and must comply with the terms of a written

guarantee.

(c)

Terms of guarantee. The guarantee must provide include the following provisions.

(1)

Failure to perform. If the owner/operator fails to perform closure, post-closure care, and/or

corrective action of a facility covered by the guarantee, the guarantor will:

(A)

perform, or pay a third party to perform, closure, post-closure care, and/or corrective action

as required; or

(B)

establish a fully funded trust fund as specified in OAC 252:515-27-76 in the name of the

owner/operator.

(2)

Guarantee will remain in force. The guarantee will remain in force unless the guarantor

sends notice of cancellation by certified mail to the DEQ. Cancellation may not occur,

however, during the 120 days beginning on the date of receipt of the notice of cancellation by

both the owner/operator and the DEQ, as evidenced by the return receipts.

(3)

Obtain alternate financial assurance after cancellation. If a guarantee is canceled by the

local government, the owner/operator must, within 90 days following receipt of the cancellation

notice, obtain DEQ approved alternate financial assurance meeting the requirements of this

Part.

(4)

Failure to provide alternate financial assurance. If the owner/operator fails to provide

alternate financial assurance within the 90-dayperiod, the guarantor must provide DEQ

approved alternate assurance within 120 days following receipt of the guarantor's notice of

cancellation.

(d)

Local government guarantor no longer qualifies.

(1)

Obtain alternative financial assurance. If a local government guarantor no longer meets the

requirements of OAC 252:515-27-82, the owner/operator must, within 90 days of receipt of

such notice, obtain DEQ approved alternative assurance meeting the requirements of this Part.

(2)

Failure to provide alternate financial assurance. If the owner/operator fails to obtain

alternate financial assurance within that 90-day period, the guarantor must provide DEQ

approved alternate assurance within the next 30 days.

(e)

Recordkeeping and reporting. The owner/operator must submit a certified copy of the

guarantee along with the items required under OAC 252:515-27-82(h) to the DEQ for approval, and

place the approved documents in the operating record.

252:515-27-85. State approved mechanism

An owner/operator may satisfy the requirements of this Part by obtaining any other financial

assurance mechanism that meets the financial assurance mechanism criteria specified in OAC

252:515-27-71 and that is approved by the DEQ.

SUBCHAPTER 29. EXCLUSION OF PROHIBITED WASTES

Section

252:515-29-1. Applicability

252:515-29-2. General provisions

252:515-29-3. WEP requirements

252:515-29-4. Maintain records

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252:515-29-1. Applicability

(a)

Land disposal facilities and transfer stations, with exceptions. This Subchapter applies to

all land disposal facilities and transfer stations except generator owned and operated NHIW

landfills.

(b)

All other processing facilities. Except as otherwise set out in this section, Any type of solid

waste processing facility is subject to the requirements of OAC 252:515-29-3(e).

(c)

Class III and Class IV composting facilities. This Subchapter applies to Class III and Class

IV composting facilities.

252:515-29-2. General provisions

(a)

Waste exclusion plan (WEP) required. A WEP meeting the requirements of this Subchapter

and approved by the DEQ, shall be implemented to detect and prevent the disposal of prohibited

wastes identified in the permit or this Chapter. Other wastes that will not be accepted at the facility

shall be specified in the WEP.

(b)

WEP modification. When conditions of the approved WEP change, an amended WEP must

be submitted within 30 days to the DEQ for approval.

252:515-29-3. WEP requirements

(a)

Random inspections. The WEP shall include procedures for conducting random inspections

of incoming loads unless other steps are taken to ensure that incoming loads do not contain

prohibited wastes.

(b)

Inspection records. The WEP shall include provisions for maintaining records of the random

inspections performed and the results of those inspections. The records shall include, as a minimum:

(1)

date and time of the inspection;

(2)

person conducting the inspection; and

(3)

results of the random inspection.

(c)

Personnel training. All gate attendants and disposal facility operators shall receive an initial

eight (8) hours of basic training in waste exclusion and radioactivity, as related to the WEP.

(1)

Curriculum. The WEP shall detail the training curriculum, to at a minimum include review

of regulatory definitions and requirements for handling of waste as well as the facility's WEP

implementation procedures.

(2)

Documentation. The WEP shall specify how employee training will be documented.

(3)

Refresher. The WEP shall include a minimum of four hours per year annual refresher

training.

(d)

Trained personnel on-site. Trained personnel shall be on-site during all hours the facility is

open to accept wastes.

(e)

Notification of rejected waste.

(1)

The DEQ shall be notified by the end of the next working day of:

(A)

any waste identified and rejected prior to receipt as a prohibited waste; or

(B)

any load identified and rejected at the gate, during random inspections, or upon

disposal at the working face, as a prohibited waste.

(2)

Such notification shall describe the reason for rejection and include:

(A)

the date of rejection;

(B)

the name, address, phone number and contact person of the waste generator when

such data can be obtained; and/or

(C)

the name of driver, tag number of the vehicle, carrier name, address, telephone number

and contact person when such data can be obtained.

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(f)

Safe storage. The WEP shall include procedures for the safe handling and storage of prohibited

wastes until proper disposal can be arranged.

(g)

Proper disposal. The WEP shall include procedures to ensure prohibited wastes are disposed

at a facility permitted to accept the waste.

(h)

Verification of disposal. The WEP shall include procedures for verification of proper disposal

of prohibited wastes.

252:515-29-4. Maintain records

Appropriate records shall be maintained in the operating record to demonstrate compliance with

the requirements of this Subchapter.

SUBCHAPTER 31. NHIW MANAGEMENT

Section

252:515-31-1. Applicability and exclusion

252:515-31-2. Identification of NHIW and exclusion

252:515-31-3. Generator requirements

252:515-31-4. Disposal facility requirements

252:515-31-1. Applicability and exclusion

(a)

Applicability. This Subchapter applies to:

(1)

generators disposing of more than 10 cubic yards of NHIW per calendar month for off-site

disposal at a solid waste disposal facility in Oklahoma; and

(2)

Oklahoma solid waste disposal facilities accepting NHIW for disposal.

(b)

Exclusion. Except as provided in (a)(1) of this Section, generators who own and operate an

NHIW landfill exclusively for their noncommercial use are not subject to the requirements of this

Subchapter. However such generators shall maintain records of the type, quantity, and source of

NHIW disposed at the generator's NHIW landfill.

252:515-31-2. Identification of NHIW and exclusion

(a)

Waste streams identified. Appendix F of this Chapter identifies certain waste streams deemed

by the DEQ to be NHIW. Wastes not identified but meeting the definition of NHIW shall be

managed as such.

(b)

Requests for exclusion. Any generator of NHIW may petition the DEQ to exclude a specific

NHIW from the requirements of OAC 252:515-31-3 upon demonstration the NHIW is:

(1)

insoluble in water, chemically inactive, and will not leach contaminants; or

(2)

is commonly found as a significant percentage of residential solid waste.

252:515-31-3. Generator requirements

(a)

Certification required. For each NHIW to be disposed in an Oklahoma solid waste disposal

facility, generators, or persons identified in 27A O.S. § 2-10-501(H)(1), shall submit a certification

to the DEQ that the NHIW is not a hazardous waste.

(b)

Certification requirements. The certification shall be made in accordance with Appendix G

of this Chapter, or contain equivalent information.

(c)

Process or waste stream changes. In the event the NHIW generating process or resultant

waste stream changes, the generator shall immediately notify the DEQ of such change and update

the appropriate certification.

115

(d)

Verification. The DEQ may require the generator to provide documentation in support of the

certification. Such documentation may include, but not be limited to, laboratory analysis, material

safety data sheets, or additional information regarding the waste stream or generation process.

(e)

Compliance with other laws. The provisions of this Section do not relieve a generator from

the requirements of 40 CFR 262.11 or any other State or Federal laws, rules, or regulations.

252:515-31-4. Disposal facility requirements

Records shall be maintained in the operating record, itemizing the type, quantity, and source of

NHIW received from persons disposing greater than 10 cubic yards of NHIW in a calendar month.

Such records shall be submitted to the DEQ no later than the last day of the month following the

reporting month.

SUBCHAPTER 33. WASTE COLLECTION AND TRANSPORTATION

Section

252:515-33-1. Applicability

252:515-33-2. Transportation to permitted facility

252:515-33-3. Requirements for cities and towns

252:515-33-4. Adequate enclosure

252:515-33-1. Applicability

This Subchapter applies to:

(1)

incorporated cities and towns within the State of Oklahoma; and

(2)

all persons transporting solid waste in the State of Oklahoma.

252:515-33-2. Transportation to permitted facility

No person shall transport solid waste to a disposal facility unless such facility has a currently

active permit or other authorization from the DEQ to accept solid waste.

252:515-33-3. Requirements for cities and towns

Solid waste collection and transportation services shall be provided by all incorporated cities

and towns. Such services shall be provided for all generators of solid waste located within the

corporate city or town limits.

252:515-33-4. Adequate enclosure

All persons transporting solid waste to a disposal facility shall provide an adequate enclosure to

prevent waste from spilling, falling, leaking, or blowing en route to the disposal site. The person

hauling solid waste to a disposal site shall collect any waste that spills, falls, leaks, or blows from

the waste-hauling vehicle.

SUBCHAPTER 35. OKLAHOMA RECYCLING INITIATIVE

Section

252:515-35-1. Applicability

252:515-35-2. Project development

252:515-35-3. Reimbursement

252:515-35-4. Penalties

116

252:515-35-1. Applicability

This Subchapter applies to governmental entities located in the state of Oklahoma desiring to seek

reimbursement under the Oklahoma Recycling Initiative.

252:515-35-2. Project development

(a)

Proposal content. Any governmental entity desiring to seek reimbursement under the

Oklahoma Recycling Initiative shall first submit a proposal describing the project in sufficient

detail for the DEQ to determine that the project complies with 27A O.S. § 2-10-802(C)(4)(a). The

proposal also shall include the following:

(1)

documents which detail the cost of all equipment that will be incorporated into or dedicated

to the use of the project;

(2)

written agreements to operate the project for a minimum of three years and to provide

technical assistance upon request to other units of government considering similar recycling

projects.

(b)

Encumbrance of funds. Within 30 days after approval of a proposal, the DEQ shall present a

contract to the governmental entity, committing funds for the project. The DEQ shall encumber the

funds for the initial contract period, not to exceed one year. If the project is not completed during

that time period, the DEQ will renew the contract, unencumbering funds for the original contract and

encumbering funds for the new contract.

252:515-35-3. Reimbursement

(a)

Proper invoice. The governmental entity shall submit a proper invoice, as defined in 62 O.S.

§ 34.73, to the DEQ for reimbursement when the equipment, other than motor vehicles or buildings,

is installed and operational.

(b)

Inspection. The DEQ may inspect the facility to verify that the equipment is installed and

operational.

(c)

Payment. The DEQ shall reimburse the governmental entity not later than 45 days from the date

on which a proper invoice is received by the Director, Land Protection Division.

252:515-35-4. Penalties

If the project ceases before the end of the three-year operational period, the governmental entity

shall reimburse the DEQ for payments made under the contract.

SUBCHAPTER 37. LANDFILL GAS INCENTIVE PAYMENTS

Section

252:515-37-1. Authority and applicability

252:515-37-2. Funding

252:515-37-3. Proposal required

252:515-37-4. Life of project

252:515-37-5. Content of proposal

252:515-37-6. Encumbrance of funds

252:515-37-7. Reimbursement

252:515-37-8. Contract renewal

252:515-37-9. Prioritization of funding

117

252:515-37-10. Penalties

252:515-37-1. Authority and applicability

This Subchapter is authorized by 27A O.S. § 2-10-802(C)(6) and applies to any person, firm or

corporation located in Oklahoma desiring to apply for incentive payments for projects that generate

energy by utilizing solid waste landfill methane gas.

252:515-37-2. Funding

At least once each fiscal year during the process of preparing budgets for the next fiscal year, the

DEQ shall determine the availability of funds for this program. Potential applicants should first

inquire about the availability of funds budgeted for this program.

252:515-37-3. Proposal required

Persons seeking incentive payments shall submit an application in the form of a proposal. The

proposal shall describe the project in sufficient detail for the DEQ to determine that the project

complies with the Oklahoma Solid Waste Management Act and this Subchapter.

252:515-37-4. Life of project

The project must operate for a minimum of seven years.

252:515-37-5. Content of proposal

The proposal shall include the following information:

(1)

a description of the proposed energy generation project including the method of utilizing the

solid waste landfill methane, the anticipated quantities of energy to be generated and the market

for the energy;

(2)

documents that specify the equipment to be utilized to generate energy from the solid waste

landfill methane and the cost of the equipment. Equipment used to collect solid waste landfill

methane as required in OAC 252:100 ("Air Pollution Control") shall not be included in the

proposal;

(3)

a written agreement with the owner/operator of the landfill that generates the methane, if the

applicant is other than the landfill owner/operator;

(4)

the proposed amount of incentive payments based on the amount of energy generated, along

with a detailed rationale for the amount proposed; and

(5)

a business plan that demonstrates that the project will have a positive cash flow during the

three-year period of incentive payments and thereafter over the anticipated life of the project, not

to be less than seven years.

252:515-37-6. Encumbrance of funds

If funds are available, the DEQ shall present a contract to the applicant after determining that the

proposal is complete and that it complies with the Oklahoma Solid Waste Management Act and this

subchapter. This contract will commit the funds for the project. The DEQ shall encumber the funds

for the initial contract period coinciding with the state fiscal year, not to exceed one year.

252:515-37-7. Reimbursement

(a)

Submittal of invoices. The project manager may begin submitting invoices to DEQ upon the

receipt of a purchase order. Invoices shall be submitted monthly or quarterly. Each invoice shall

itemize the quantities of energy generated by the project and purchased by the project's market.

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Each invoice shall be a proper invoice as defined at 62 O.S. §34.73.

(b)

Inspection. The DEQ may inspect the project and may evaluate its records to verify that the

project is functioning properly and that invoices submitted are accurate.

(c)

Payment. The DEQ shall reimburse the project manager not later than 45 days from the date

that a proper invoice is received by the DEQ contact identified in the contract.

252:515-37-8. Contract renewal

(a)

Renewal allowed. The project manager may renew the contract twice, for a cumulative period

of incentive payments not to exceed three years.

(b)

Renewal proposal. A project manager planning to renew an existing contract shall submit an

proposal for renewal no later than 90 days prior to the end of the contract period.

(c)

Content of proposal. The proposal shall include data on the technical and economic

performance of the project and a revised business plan based on the actual operation.

252:515-37-9. Prioritization of funding

(a)

Financial soundness. The DEQ shall prioritize projects for continued receipt of incentive

payments based upon a determination that:

(1)

the project has operated with a positive cash flow; and

(2)

financial performance is reasonably expected to continue over the anticipated life of the

project, especially after incentive payments have ended.

(b)

Existing vs. new projects. If the DEQ receives proposals for more than one project and for

more incentive payments than funds available, priority will be given to existing projects over

start-up projects. If further prioritization is necessary, the DEQ shall give first consideration to

projects entering the third year of operation.

252:515-37-10. Penalties

If a project ceases operations before the required seven years of operation, the recipient of

incentive payments shall reimburse the DEQ for all payments received.

SUBCHAPTER 39. OKLAHOMA E-WASTE RECYCLING

Section

252:515-39-1. Purpose, authority and applicability

252:515-39-2. Definitions

252:515-39-3. General provisions

252:515-39-4. Annual fees

252:515-39-5. Records

252:515-39-1. Purpose, authority and applicability

(a)

Purpose. The purpose of this subchapter is to implement and enforce the Oklahoma Computer

Equipment Recovery Act. The rules in this subchapter are to provide for the implementation of and

a fee structure for the establishment of the Oklahoma Computer Equipment Recovery Act.

(b)

Authority. OAC 252:515-39-1 through 39-5 is authorized by 27A O.S. §§ 2-11-601 through

611.

(c)

Applicability. The rules in this Chapter apply to any manufacturer and/or retailer who

manufactures, sells and/or imports fifty (50) or more covered devices per calendar year within the

state.

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252:515-39-2. Definitions

The following words and terms, when used in this Chapter, shall have the following meaning,

unless the context clearly indicates otherwise:

"Act" means the Oklahoma Computer Equipment Recovery Act.

"DEQ" means the Oklahoma Department of Environmental Quality.

"Landfill Certification" means a written statement that the manufacturer will not dispose of

necessary incidental disposal in de minimis amounts.

"Major manufacturer" means a manufacturer that produces, sells or imports one thousand

(1,000) or more covered devices per calendar year.

"Minor Manufacturer" means a manufacturer that produces, sells or imports more than fifty

(50) but less than one thousand (1,000) covered devices per calendar year.

252:515-39-3. General provisions

(a)

Plan required. A manufacturer shall not sell or offer for sale and/or import a covered device

in this state unless the manufacturer has adopted and is implementing a recovery plan, either alone

or in cooperation with other manufacturers and the DEQ has reviewed and approved of said plan.

(b)

Plan submission. The manufacturer shall submit recovery plans to the DEQ annually on or

before March 1

(c)

Geographically central. If a manufacturer’s recovery plan only includes the requirements of

§ 2-11-605(D)(2) or (3) as allowed by the Act and if a consumer resides over one hundred (100)

miles from the closest staffed physical collection site or collection event within the state offered by

the manufacturer, the manufacturer must provide for a no cost mail back-system meeting the

requirements of 27A O.S. § 2-11-605(D)(1).

(d)

Designated manufacturer. If a manufacturer produces, sells or imports fifty (50) or more

covered devices within the state per calendar year and has not submitted a recovery plan, the DEQ

may designate a manufacturer or manufacturers as allowed by the Act.

252:515-39-4. Annual fees

(a)

Fee schedule.

(1)

Annual fee for minor manufacturer - $1,000.00

(2)

Annual fee for major manufacturer - $5,000.00

(3) Late fee - $500.00

(b)

Annual Fee Adjustment. To assist in meeting rising costs to the DEQ of the implementation

of the program associated with the Act, the fees set out in this Section shall be automatically

adjusted on July 1st every year to correspond to the percentage, if any, by which the Consumer

Price Index (CPI) for the most recent calendar year exceeds the CPI for the previous calendar

year. The DEQ may round the adjusted fees up to the nearest dollar. The DEQ may waive collection

of an automatic increase in a given year if it determines other revenues, including appropriated

state general revenue funds, have increased sufficiently to make the funds generated by the

automatic adjustment unnecessary in that year. A waiver does not affect future automatic

adjustments.

(c)

Payment.

(1)

Annual fees are due and payable by the 1

day of March of each calendar year. By February

of each year, the DEQ will issue invoices to manufacturers who have previously submitted

recovery plans to the DEQ. Fees shall be considered delinquent 30 days after the due date.

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Within five (5) years but not before a grace period of 120 days from the date, the DEQ may issue

an administrative order to recover such fees and may assess a reasonable administrative fine in

accordance with the provisions of the Oklahoma Computer Equipment Recovery Act, 27A O.S.

§§ 2-11-601 et seq., to a manufacturer who has failed to pay or has underpaid such fees.

(2)

If a manufacturer’s fee has been deemed delinquent, the DEQ may assess a late fee prior

accepting the annual fee as paid.

(3)

When a fee overpayment has been made as a result of an error, an owner or operator may

seek a credit for such fee overpayment within five years from the date on which payment of the

fee was received by the DEQ.

252:515-39-5. Records

Maintain records. The manufacturer must keep records of all covered devices produced, sold

and/or imported within the state for at least five (5) years. These records must include any and/or all

documentation and records that are related to the recovery plan and the annual report(s) as required

by 27A O.S. § 2-11-605(H). These records must be made available for inspection by DEQ personnel

and made available to the DEQ upon request.

SUBCHAPTER 41. ROOFING MATERIAL RECYCLING

Section

252:515-41-1. Purpose, authority and applicability

252:515-41-2. Definitions

252:515-41-3. Permit requirements

252:515-41-4. Prohibition

252:515-41-5. Duration of permit

252:515-41-6. Permit transfer

252:515-41-7. Permit application and requirements

252-515-41-8. Variance from the rules of this Chapter

252:515-41-9. Oath required

252:515-41-10. Legal right to property

252:515-41-11. Permit applications

252:515-41-12. Operational requirements

252:515-41-14. Financial assurance

252:515-41-15. Closure

252:515-41-16. Stormwater management

252:515-41-1. Purpose, authority, and applicability

(a)

Purpose. The purpose of this Subchapter is to implement and enforce the Roofing Material

Recycling amendments to the Oklahoma Solid Waste Management Act. The rules in this

Subchapter are to provide for the implementation of and a fee structure for roofing material

recycling facilities.

(b)

Authority. OAC 252:515-41-1 through 515-41-16 is authorized by 27A O.S. § 2-10-802.2.

(c)

Applicability. The rules in this Subchapter apply to roofing material recycling facilities.

252:515-41-2. Definitions

The following words and terms, when used in this Subchapter, shall have the following meaning,

unless the context clearly indicates otherwise:

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"Disposal site" means any place, including, but not limited to, a transfer station or a roofing

material recycling facility, at which solid waste is dumped, abandoned, or accepted or disposed of

by incineration, land filling, composting, shredding, compaction, baling or any other method or by

processing by pyrolysis, resource recovery or any other method, technique or process designed to

change the physical, chemical or biological character or composition of any solid waste so as to

render such waste safe or nonhazardous, amenable to transport, recovery or storage or reduced in

volume. A disposal site shall not include a manufacturing facility which processes scrap

materials which have been separated for collection and processing as industrial raw materials.

"Roofing Material" means all material associated with a roofing project that is debris or is

otherwise not intended for future use by the roofer or the property owner, including but not limited

to shingles made from asphalt, fiberglass, composite, or wood, as well as decking, flashing,

fasteners, insulation, and associated packaging materials.

"Roofing material recycling facility" means a site or facility at which roofing material is

processed for alternative uses, or is accumulated for the purpose of processing or selling all or

parts of the roofing material for alternative uses, including but not limited to road construction.

252:515-41-3. Permit requirements

All roofing material recycling facilities are subject to the requirements of this Subchapter and

require a solid waste permit from DEQ prior to construction and/or operation.

252:515-41-4. Prohibition

Except as provided in OAC 252:515-41-3, no person shall dispose of roofing material at any

roofing material recycling facility for which a solid waste permit has not been issued by DEQ.

252:515-41-5. Duration of permit [REVOKED]

252:515-41-6. Permit transfer [REVOKED]

252:515-41-7. Permit applications and requirements [REVOKED]

252:515-41-8. Variance from the rules of this Chapter [REVOKED]

252:515-41-9. Oath required [REVOKED]

252:515-41-10. Legal right to property [REVOKED]

252:515-41-11. Permit applications [REVOKED]

252:515-41-12. Operational requirements

(a)

Acceptable wastes. Only roofing material shall be accepted at a roofing material recycling

facility.

(b)

Prohibited wastes. Non-Hazardous Industrial Waste, Hazardous Waste, and all other non-

roofing material shall be prohibited.

(c)

Roofing material. All roofing material recycling facilities shall separate the recyclable

material from the material that will not be recycled. The non-recyclable material shall be kept in

roll-offs or other containers that will prevent the material from blowing, leaching, or otherwise

causing contamination. All non-recyclable material must be properly disposed at an approved

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disposal facility within thirty (30) days of receipt.

(d)

Recyclable material. All roofing material that is intended for recycling must be kept in

either containers or piles. Roofing material stored on the ground while awaiting processing shall

be placed in piles, as follows:

(1)

the base shall not exceed 200 feet by 150 feet;

(2)

the height of the pile shall not exceed twenty feet; and

(3)

stable side slopes must be maintained.

(e)

Fire lane. An unobstructed fire lane at least 50 feet in width shall be maintained around the

perimeter of each recyclable material pile.

(f)

Buffer zone. A clean buffer zone of at least 50 feet shall be maintained between recyclable

material piles and adjacent properties.

(g)

Weighing roofing material. Each load of roofing material received shall be weighed on

scales tested and certified in accordance with the requirements of the Oklahoma Department of

Agriculture, Food and Forestry.

(1)

Each truck and/or trailer shall be weighed full and empty.

(2)

Gross and tare weights shall be imprinted on the same weight ticket.

(3)

Stored tare weights shall not be used.

(h)

Daily log. A daily log shall be maintained for each load of roofing material received. The

daily log shall reflect:

(1)

date and time;

(2)

name and address of the hauler;

(3)

weight;

(4)

amount of non-recyclable material shipped to a permitted solid waste disposal site; and

(5)

name and location of permitted solid waste disposal site receiving the non-recyclable

material.

252:515-41-13. Reporting requirements

(a)

Monthly reports. No later than the 10

of each month, each facility shall submit a report

to DEQ that includes the following information for the previous month:

(1)

amount of total roofing material received;

(2)

amount of processed roofing material shipped for recycling;

(3)

amount of non-recyclable material shipped;

(4)

name and location of permitted solid waste disposal site receiving the non-recyclable

material;

(5)

amount of roofing material located on site.

(b)

Quarterly report and fees. Fees shall be collected and remitted to DEQ in accordance with

27A O.S. § 2-10-802.2(A). Fees shall be reported in a format prescribed by DEQ.

252:515-41-14. Financial assurance

(a)

Required. Roofing material recycling facilities shall establish financial assurance in

accordance with the requirements of Subchapter 515-27, parts 1, 3, and 7 of this Chapter.

Subparts 515-27-8, part 3, 515-27-32, and part 5 of this Chapter shall not apply to roofing

material recycling facilities.

(b)

Amount. Unless a lesser amount is approved by DEQ, financial assurance will be established

based upon the cost for removal and disposal, by a third party not affiliated with the

owner/operator, of the maximum amount of roofing material permitted to be stored on site at any

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time, removal of equipment, temporary buildings, and re-vegetation.

252:515-41-15. Closure

(a)

Closure plan. Roofing material recycling facilities shall submit, with their permit

application, a closure plan addressing the following items:

(1)

removal and disposal of all roofing material permitted to be stored on site;

(2)

removal of equipment and temporary buildings and other improvements not designated as

permanent in the permit application; and

(3)

grading and re-vegetation of the site.

(b)

Cost estimates. Cost estimates for closure shall be based upon the cost for removal and

disposal, by a third party not affiliated with the owner/operator, of the maximum amount of

roofing material permitted to be stored on site at any time, removal of equipment, temporary

buildings, and re-vegetation.

(c)

Closure cost estimate procedures. The following determinations shall be submitted to

DEQ for approval:

(1)

identification of the task(s) for which bids will be provided;

(2)

a statement of work fully describing the actions necessary for completion of the task(s)

identified; and

(3)

written bids from three independent contractors not affiliated with the owner/operator.

The bids shall be dated within 30 days of submittal and be an estimate of the contractor’s cost

for performing the work identified in the statement of work on behalf of the State of

Oklahoma. The closure cost estimate shall be calculated as the average of the bids.

252:515-41-16. Stormwater management

Roofing material recycling facilities shall comply with the provisions of Subchapter 17 of

this Chapter.

SUBCHAPTER 43. COMPOSTING FACILITIES

PART 1. GENERAL PROVISIONS

Section

252:515-43-1. Applicability

252:515-43-2. Definitions

252:515-43-3. Feedstock types for composting facilities

252:515-43-4. Composting facility classes

PART 3. PLANS AND PERMITS

252:515-43-31. Exempt

252:515-43-32. Plan requirements

252:515-43-33. Permit requirements

252:515-43-34. Reporting requirements

252:515-43-35. Financial assurance

PART 5. OPERATIONAL STANDARDS

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252:515-43-51. Applicability

252:515-43-52. Acceptable composting materials

252:515-43-53. Prohibited materials

252:515-43-54. Non-compostable and other waste

252:515-43-55. Biosolids

252:515-43-56. Bulking

252:515-43-57. Operations plan

252:515-43-58. Operating requirements

252:515-43-59. Processing time

252:515-43-60. Composting time

252:515-43-61. Windrow turning

252:515-43-62. Temperature and moisture monitoring

252:515-43-63. Completed process

252:515-43-64. Odor control

252:515-43-65. In-vessel composting

252:515-43-66. Recordkeeping and reporting

PART 7. DESIGN STANDARDS

252:515-43-71. Class I and Class II design standards

252:515-43-72. Class III design standards

252:515-43-73. Class IV design standards

PART 9. GROUNDWATER MONITORING

252:515-43-91. Groundwater monitoring

PART 11. Compost Testing Standards

252:515-43-111. Compost testing standards

PART 1. GENERAL PROVISIONS

252:515-43-1. Applicability

The rules in this Subchapter apply to all composting facilities using feedstock that is more

than 50% non-agricultural in origin. The rules in this Subchapter do not apply to facilities that

employ grinding or chipping methods to physically change the size of yard waste or wood debris

into products such as mulch, without converting the material, under thermophilic conditions, into

a product with a high humus content. The rules in this Subchapter do not apply to the

composting of biosolids regulated exclusively under Oklahoma Administrative Code (OAC)

252:606-8 administered by the Water Quality Division of DEQ.

252:515-43-2. Definitions

The following words and terms, when used in this Subchapter, shall have the following

meaning, unless the context clearly indicates otherwise.

"Additives" means any material that is mixed with or added to feedstocks and bulking

agents to create a favorable condition for the composting process and includes urea, crushed egg

shells, earthworms, and bacterial or fungal inoculum.

"Aerated static pile composting" means a process in which decomposing organic material

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is placed in piles over an air supply system that can be used to supply oxygen and control

temperature for the purpose of producing compost.

"Agricultural residuals" means materials generated by the customary and generally

accepted activities, practices, and procedures that farmers engage in during:

(A)

the production and preparation for market of poultry, livestock and associated farm

products;

(B)

the production and harvesting of agricultural crops which include agronomic,

horticultural, and silvicultural crops; and

(C)

the production and cultivation of freshwater and saltwater populations in the aquacultural

industry. Agricultural residuals do not include manures managed as part of a Concentrated

Animal Feeding Operation (CAFO) license.

"Biofilter" means a material consisting of bulking agents, shredded yard waste, or compost

that is applied over the composting mixture to control odors, dust, or vectors.

"Biosolids" means primarily organically treated wastewater materials from municipal

wastewater treatment plants that are suitable for recycling as amendments. This term is within

the meaning "sludge" referenced in 27A O.S. § 2-6-101(7). Biosolids are divided into the

following classes:

(A)

Class A Biosolid meets the pathogen reduction requirements of 40 CFR § 503.32(a);

(B)

Class B Biosolid meets the pathogen reduction requirements of 40 CFR § 503.32(b).

"Bulking agents" means a material added to the composting process to provide structural

support, improve aeration, or absorb moisture and includes wood chips, straw, clean untreated

wood, shredded newspaper, shredded cardboard, sawdust, shredded brush, and compostable

containers.

"Commercial composting facility" means the definition found at 27A O.S. § 2-10-103.

"Composting pad" means the ground on which composting activities take place. This may

be subdivided by function, such as "mixing pad", "composting pad", "curing pad" or "storage

pad". An "all weather composting pad" is one of sufficient construction, firmness and grading so

that composting equipment can manage the process during normal inclement weather, including

expected rain, snow and freezing temperatures.

"Contact water" means water that has come in contact with raw feedstocks or active

composting piles. It does not include water from curing piles, finished compost, or product

storage piles.

"Curing" means a continuation of the composting process after the high heat stage during

which stability and maturity continues to increase. Compost enters the curing stage after

completing the high heat stage to further reduce pathogens and the requirements for vector

attraction reduction.

"Feedstock" means material to be converted under thermophilic conditions to a product with

a high humus content classified into different types for purposes of regulation under this

Subchapter.

"Food processing residuals" means organic materials generated as a by-product of the

industrial food processing sector that are non-toxic, non-hazardous, and contain no sanitary

wastewater. The term does not include fats, oil, grease and Dissolved Air Flotation (DAF)

skimmings.

"Food residuals" means pre- and post-consumer food discards from households and the

commercial/institutional sector including but not limited to vegetables, fruits, grains, dairy

products, meats, and compostable foodservice ware/packaging that may be comingled.

"Household or backyard composting" means any person composting household waste that

is located and utilized exclusively on the owner's property.

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"Industrial by-product" means organic materials generated by manufacturing or industrial

processes that are non-toxic, non-hazardous, contain no domestic wastewater, and pass the

PFLT.

"In-vessel composting" means process in which decomposing organic material is enclosed

in a drum, silo, bin, tunnel, or other container for the purpose of producing compost; and in

which temperature, moisture and air-borne emissions are controlled, vectors are excluded and

nuisance and odor generation minimized.

"Neighborhood composting" means any person, group of persons or geographically

localized community within a town, city or incorporated area composting feedstock that is

composted and utilized exclusively on property owned by the neighborhood or members of the

neighborhood.

"Nurseries, greenhouses, and garden stores composting" means any private or

commercial nursery, greenhouse, or garden store composting feedstock that is located and

utilized exclusively on property owned by the facility.

"Source separated organics" means organic material that has been separated from non-

compostable material at the point of generation, including but not limited to yard trimmings,

food residuals, vegetative materials, woody materials, and compostable products.

"Vermicomposting" means the controlled and managed process by which live worms

convert organic materials into dark, fertile, granular excrement or casting.

"Windrow composting" means the processes in which decomposing organic materials are

placed in long piles for the purpose of producing compost. The piles are periodically turned or

agitated to assure all parts of the decomposing material reach the desired stability.

"Woody materials" means the residuals and by-products of cutting trees, including but not

limited to tree stumps, sawdust, pallets, and dimensional lumber that has not been treated

chemically or with adhesives and coatings such as paint, glue, or any other visible contaminant.

"Yard trimmings" means leaves, grass clippings, brush, garden materials, tree trunks, tree

stumps, holiday trees, and cuttings from trees or shrubs. Can also include vegetative materials

resulting from the use of commercial products, including but not limited to discarded flowers,

potted flowers, or grave blankets that do not include plastic, metal, polystyrene foam, or other

non-biodegradable materials.

252:515-43-3. Feedstock types for composting facilities

Feedstock material is divided into the following four (4) types based on increasing level of

potential risk to human health and the environment from physical contaminants and human

pathogens:

(1)

Type 1. Composed of yard trimmings, wood chips, woody materials, crop residues, hay,

cotton-gin waste, additives, biofilters, and other materials approved by DEQ.

(2)

Type 2. Composed of source-separated organics, shredded paper, cardboard, computer

paper, white paper, newspapers, napkins, other paper products and bulking agents, and other

materials approved by DEQ.

(3)

Type 3. Composed of biosolids, food processing residuals, cooking oils, fats and greases,

and other materials approved by DEQ.

(4)

Type 4. Composed of mixed (non-source separated) organics, commercial waste, and other

materials approved by DEQ.

252:515-43-4. Composting facility classes

(a)

Class I. Facilities that compost Type 1 feedstock, including yard waste composting facilities.

(b)

Class II. Facilities that compost Type 2 feedstock and may include Type 1 feedstock. These

facilities receive less than one hundred (100) tons, or two hundred (200) cubic yards, of material

per year.

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(c)

Class III. Facilities that compost Type 3 feedstock and facilities that receive greater than or

equal to one hundred (100) tons, or two hundred (200) cubic yards, of Type 1 and Type 2 feedstock

per year.

(d)

Class IV. Facilities that compost Type 4 feedstock and may include Type 1, Type 2 and Type

3 feedstock.

(e)

Special events composting. A composting facility may be approved to compost a variety of

feedstock types from special community collection events for a limited period of time under an

approved plan or permit.

PART 3. PLANS AND PERMITS

252:515-43-31. Exempt

Non-commercial composting facilities that receive less than fifty (50) tons or one hundred

(100)

cubic yards of Type 1 and/or Type 2 feedstock per year, generated on-site, are considered

exempt from the permitting and plan requirements of OAC 252:515-3-1, but may be subject to

other DEQ permits or requirements. Examples of these types of facilities include, but are not

limited to household or backyard composting, neighborhood composting, nurseries, greenhouses,

and garden stores composting.

252:515-43-32. Plan requirements

Special events composting requires a plan approved by DEQ prior to construction and

operation. The plan shall include, at a minimum, the information in OAC 252:515-3-2(b) and a

demonstration of compliance with the operational standards in Part 5 of this Subchapter.

252:515-43-33. Permit requirements

Class I, II, III and IV composting facilities require a solid waste permit from DEQ prior to

construction and operation subject to the permit provisions of Subchapter 3 and requirements of

Part 5, 7, 9 and 11, of this Subchapter.

252:515-43-34. Reporting requirements

Class III and IV composting facilities are required to submit monthly reports. Facilities

meeting the definition of commercial composting facilities must also submit fees.

(1)

Monthly report. No later than the 15

of each month, each facility shall submit a report

to DEQ that includes the following information for the previous month:

(A)

amount of total feedstock material received;

(B)

amount of non-compostable material shipped for disposal;

(C)

name and location of the permitted solid waste disposal site receiving the non-compostable

material; and

(D)

amount of composting material located on site.

(2)

Quarterly report and fees. Fees for commercial composting facilities shall be collected

and remitted to DEQ in accordance with 27A O.S. § 2-10-802(B). Fees shall be reported in a

format prescribed by DEQ.

252:515-43-35. Financial assurance

(a)

Applicability. All commercial composting facilities and other composting facilities shall

establish financial assurance in accordance with the requirements of Subchapter 27, as applicable.

(b)

Amount. Unless a lesser amount is approved by DEQ, financial assurance will be established

based upon the cost for removal and disposal, by a third party not affiliated with the

owner/operator, of the maximum amount of feedstock and product material that the site is capable

128

of storing at any time, in addition to removal of equipment, temporary buildings, and establishing

permanent vegetation at the facility.

PART 5. OPERATIONAL STANDARDS

252:515-43-51. Applicability

Unless otherwise specifically stated, all classes of compost facilities are subject to this Part.

252:515-43-52. Acceptable composting materials

Materials to be composted shall be specified in the permit or other authorization and shall be

classified as Type 1, 2, 3, or 4 feedstock. All feedstock material received shall be measured, either

by weight or by volume (cubic yards), and recorded in the operating record, and made available to

DEQ upon request.

252:515-43-53. Prohibited materials

Materials as specified in OAC 252:515-19-31(a) through (c), and any other wastes not allowed

by the permit or plan are prohibited for receipt at all composting facilities. Class III and IV

composting facilities shall implement a Waste Exclusion Plan (WEP) meeting the requirements of

Subchapter 29 and approved by DEQ.

252:515-43-54. Non-compostable and other waste

A receptacle shall be maintained for disposal of both refuse generated, and unacceptable waste

received at the site. Non-compostable and other waste shall be removed, stored in a waste container

or containment area, and removed for proper disposal on a regular basis.

252:515-43-55. Biosolids

(a)

Class A. Facilities may accept Class A biosolids if authorized by their permit. Facilities shall

be prohibited from accepting Class B biosolids, except as specifically authorized by this Section.

(b)

Class B. Facilities that intend to compost Class B biosolids shall comply with all applicable

state and federal regulations regarding sludge management at OAC 252:606-8, and shall have all

necessary permits and approvals from the Water Quality Division of DEQ prior to being

considered authorized to accept Class B biosolids.

252:515-43-56. Bulking

Feedstock with free liquid shall be mixed with drier feedstocks, bulking material or compost

so that the liquid is promptly absorbed and not allowed to flow as free liquid from the compost

piles or windrows.

252:515-43-57. Operations plan

All applications for a composting facility shall include an Operations Plan that describes how

compliance with operating criteria will be met. The Operations Plan shall include measures to

control nuisance odors, vectors, fires, contact water and stormwater according to the operational

standards within this Part, as well as provisions for prompt equipment repair or replacement when

needed. The Operations Plan must be reviewed by facility owner/operators annually to ensure it

continues to reflect current procedures, equipment and feedstock and shall be updated to reflect

any changes.

252:515-43-58. Operating requirements

(a)

Access control. Artificial and/or natural barriers shall be used to discourage unauthorized

129

traffic and uncontrolled dumping. Composting facilities shall comply with all relevant local rules,

regulations, and ordinances.

(b)

Signage. The facility shall maintain a sign at the entrance of the facility that lists the following:

name of facility; permit number; facility class; hours of operation; and emergency contact

information.

(c)

Buffer zones. Unless otherwise specified in this Subsection, all composting facilities shall be

designed and maintained with a waste-free buffer zone at least 50 feet in width between all

feedstock storage, processing, composting and/or handling areas and adjacent property. The buffer

zone shall be contained within the permit boundary described in the permit or plan application.

DEQ may approve smaller buffer zones for good cause shown.

(d)

Receiving area. Unloading of material shall be restricted to a specific area and controlled to

minimize traffic congestion, facilitate the handling of materials, and minimize danger to facility

employees and other personnel. All material received in plastic bags shall be debagged before

processing, unless other means or methods are approved by DEQ and identified in the permit or

plan. Composting facilities that conduct salvage and/or recycling operations shall comply with

OAC 252:515-19-39.

(e)

Processing area. A designated processing area shall be maintained, except facilities using

windrow turners that may process the material in the composting area. Contact water shall be

directed to a containment, recycling, and/or treatment system sized to handle a minimum 24 hour,

25 year storm event. For Class I – Class IV composting facilities, stormwater shall be managed in

compliance with Subchapter 17.

(f)

Storage. Storage of finished compost on site is limited to 12 months of production, unless

otherwise approved by DEQ.

(g)

Composting area. The composting area shall be maintained and repaired, as needed.

(h)

Curing area and time. An area for curing of finished compost shall be maintained. Finished

compost shall cure for a minimum of two weeks before distribution and use. Composting facilities

that recirculate contact water shall comply with OAC 252:515-13-53.

(i)

Composting surfaces. Tipping, grinding, shredding, mixing, active composting, curing,

screening, and finished compost storage areas must take place on an all-weather pad that meets the

design criteria specified in Part 7.

252:515-43-59. Processing time

Facilities must manage feedstock in a timeframe that minimizes odors, release of feedstock

liquids, fire, and scavenging by vectors. All feedstock received for composting shall be processed

within 48 hours of receipt. By the end of each operating day, all incoming Type 2, 3, and 4

feedstock must be processed into the active composting unit, transferred to leak-proof containment

or mixed with bulking material and covered in a manner that minimizes nuisance odors and

scavenging by vectors.

252:515-43-60. Composting time

Composting time and temperatures shall meet the following requirements:

(1)

Windrow composting. The compost material must be maintained at a minimum average

temperature of 55°C (131º F) or higher for 15 days or longer. The 15 or more days at or above

55°C (131º F) do not have to be continuous.

(2)

Aerated static pile or in-vessel composting process. Material maintained at a minimum

average temperature of 55°C (131º F) or higher for three continuous days, followed by at least

14 days with a minimum of 45°C (113º F).

(3)

Passive pile. Material maintained below 75°C (170º F) for the active composting period.

130

Finished compost must meet standards as specified in the permit or plan.

(4)

Hybrid composting. Material maintained as specified in the permit or plan.

252:515-43-61. Windrow turning

Windrows shall be turned a minimum of 5 turnings in 15 days or more frequently as needed to

maintain aerobic conditions or temperatures set forth in OAC 252:515-43-60(1).

252:515-43-62. Temperature and moisture monitoring

A procedure for monitoring the temperature and moisture during composting shall be provided

in the Operations Plan. The temperature and moisture ranges for the composting cycle shall be

specified. The plan shall include contingencies for not meeting the specified ranges for the

composting process.

(1)

Internal temperature recording. Internal temperature and moisture readings shall be

recorded prior to the turning of each windrow.

(2)

Internal temperature depths. Temperature and moisture measurements shall be taken

every 17 feet at a depth of 20 inches and recorded in a systematic fashion.

252:515-43-63. Completed process

After sustaining thermophilic temperatures, the composting process shall be considered

complete when the internal temperatures remain below 70

F, or other temperature specified by

permit or plan, at which time the compost can be removed to the curing area.

252:515-43-64. Odor control

Suitable control measures, including increasing aeration, shall be taken whenever odors are

detectable outside the composting facility.

252:515-43-65. In-vessel composting

Operations of an in-vessel aerated static pile, static pile, and hybrid composting facility shall

be defined in the Operations Plan.

252:515-43-66. Recordkeeping and reporting

(a)

Daily log. Records shall be maintained that identify the weight or volume of incoming

feedstocks and outgoing finished compost, as well as a summary of analytical tests and process

results on the product and site monitoring results, if required. A log of daily operations shall be

maintained at the facility that includes, at a minimum:

(1)

amount of waste received, processed and distributed at the facility;

(2)

windrow internal temperatures; and

(3)

a record of which windrows were turned.

(b)

Operating record. Composting facilities shall comply with recordkeeping requirements of

OAC 252:515-19-40.

PART 7. DESIGN STANDARDS

252:515-43-71. Class I and Class II design standards

Class I and Class II composting facilities shall meet the following design:

(1)

Location restrictions. Facilities shall meet all location restrictions listed in Subchapter 5,

Part 3 of this Chapter.

(2)

Contact water control. Contact water must be segregated and directed to containment,

131

recycling, and/or treatment systems.

(3)

Stormwater run-on / run-off control. The composting area shall be designed, constructed

and maintained to prevent the run-on / run-off of stormwater and be in compliance with

Subchapter 17 including OPDES permitting, if required by OAC 252:606.

(4)

All-weather pad. Composting areas shall be constructed of, or covered with, material

which will allow operation during all types of weather. Composting operations shall take place

on an all-weather composting pad. The all-weather pad must be designed, constructed, and

maintained to:

(A)

prevent ponding and impede vertical movement of potential contaminants from contact

water;

(B)

reliably transmit any free liquid present during the storage, treatment, and processing

of materials laterally to a containment, recycling, and/or treatment unit sized to handle a

minimum 24 hour, 25 year storm event to prevent liquids from entering surface water or

groundwater; and

(C)

prevent conditions that could contribute to, or cause a release to the environment.

252:515-43-72. Class III design standards

In addition to meeting Class I and II design standards, Class III facilities shall comply with the

following standards and submit design plans for approval with the facility application:

(1)

All-weather pad. Tipping, grinding, shredding, mixing, active composting, curing,

screening, and finished compost storage areas must take place on an all-weather pad that meets

the following criteria:

(A)

five feet or more separation from the top of groundwater;

(B)

soils within the 5 feet separation distance are composed of any combination of the

following types: clay loam, silty clay loam, clay, and silty clay; exhibiting hydraulic

conductivity of 1 x10

-5

cm/second, or less;

(C)

if either less than 5 feet separation distance from the top of groundwater or more

permeable soils than those listed in (2) above, a constructed surface is required for tipping,

grinding, shredding, mixing and active composting areas; while an all-weather pad is

allowed for curing and finished product storage. The constructed surface can be: concrete,

asphalt, stabilized subgrade, stabilized aggregate or other approved methods; and

(D)

an all-weather pad shall be of sufficient slope (1 to 6 percent as determined by site

conditions) to direct contact water to the appropriate collection, storage and treatment

system.

(2)

Windrow construction. All windrows shall be constructed perpendicular to slopes and not

along slopes. The maximum composting process windrow or pile size and minimum

composting process windrow or pile spacing shall match the capability and requirements of

the equipment used at the facility. As pile height increases, windrows or piles should be

monitored to minimize compaction.

(3)

All-weather access. The composting facility shall have all-weather access roads. The

facility shall be designed such that access to the composting facility shall be limited to

authorized entrances, which shall be secured from public access when the facility is not in

operation.

252:515-43-73. Class IV design standards

Class IV composting facilities must meet the design standards of Class III facilities, with the

addition of the following design standards. The owner or operator must submit an engineering

design for approval with the facility permit application.

132

(1)

Location restrictions. Facilities shall meet the location restriction outlined in OAC

252:515-5-52(e) Airports.

(2)

Working surfaces. The working surfaces for all receiving, mixing, active composting, and

storage areas must be designed, constructed, and maintained to prevent conditions of

contamination, pollution, and nuisance. All working surfaces must exhibit a hydraulic

conductivity of 1x10

-7

cm/second, or less and meet one of the following construction and

material specifications:

(A)

impermeable material such as concrete, asphalt, or similar approved impervious

material designed to prevent the infiltration of contact water into the groundwater;

(B)

compacted clay, with a minimum thickness of two feet and protected from desiccation

and installed in a manner such that the integrity will not be impaired by the operation of

heavy equipment used at the composting and storage area; or

(C)

an equivalent engineered alternative approved by DEQ.

PART 9. GROUNDWATER MONITORING

252:515-43-91. Groundwater monitoring

(a)

Class III and IV facilities shall submit a groundwater monitoring program for DEQ review and

approval consistent with requirements in OAC 252:515 Subchapter 9, as applicable. The

groundwater monitoring program shall include:

(1)

submission of a sampling and analysis plan,

(2)

establishment of background water quality,

(3)

performance of detection monitoring,

(4)

reporting and evaluation of the monitoring results,

(5)

performance of assessment monitoring (if a trend analysis demonstrates a significant

increase over background for one or more of the constituents analyzed in the detection

monitoring program), and

(6)

conducting corrective action, if required.

(b)

At a minimum, monitoring shall include the following groundwater quality constituents: pH,

chemical oxygen demand, specific conductivity, chloride, sulfate, calcium, magnesium, nitrates,

sodium, carbonates, and potassium. Other parameters specified in the permit may be required

based on the types of feedstock utilized.

PART 11. COMPOST TESTING STANDARDS

252:515-43-111. Compost testing standards

Class III and IV facilities must include in their permit application a testing protocol for the

finished compost material to ensure protection of human health and the environmental.

133

APPENDIX A. CONSTITUENTS FOR DETECTION MONITORING

COMMON NAME

CAS RN

Acetone

67-64-1

Acrylonitrile

107-13-1

Antimony

(Total)

Arsenic

(Total)

Barium

(Total)

Benzene

71-43-2

Beryllium

(Total)

Bromochloromethane

74-97-5

Bromodichloromethane

75-27-4

Bromoform; Tribromomethane

75-25-2

Cadmium

(Total)

Carbon disulfide

75-15-0

Carbon tetrachloride

56-23-5

Chlorobenzene

108-90-7

Chloroethane; Ethyl chloride

75-00-3

Chloroform; Trichloromethane

67-66-3

Chromium

(Total)

Cobalt

(Total)

Copper

(Total)

Dibromochloromethane; Chlorodibromomethane

124-48-1

1,2-Dibromo-3-chloropropane; DBCP

96-12-8

1,2-Dibromoethane; Ethylene dibromide; EDB

106-93-4

o-Dichlorobenzene; 1,2-Dichlorobenzene

95-50-1

p-Dichlorobenzene; 1,4-Dichlorobenzene

106-46-7

trans-1,4-Dichloro-2-butene

110-57-6

1,1-Dichloroethane; Ethylidene chloride

75-34-3

1,2-Dichloroethane; Ethylene dichloride

107-06-2

1,1-Dichloroethylene; 1,1-Dichloroethene; Vinylidene

chloride

75-35-4

cis-1,2-Dichloroethylene; cis-1,2-Dichloroethene

156-59-2

trans-1,2-Dichloroethylene; trans-1,2-Dichloroethene

156-60-5

1,2-Dichloropropane; Propylene dichloride

78-87-5

cis-1,3-Dichloropropene

10061-01-5

trans-1,3-Dichloropropene

10061-02-6

Ethylbenzene

100-41-4

2-Hexanone; Methyl butyl ketone

591-78-6

Lead

(Total)

Methyl bromide; Bromomethane

74-83-9

Methyl chloride; Chloromethane

74-87-3

Methylene bromide; Dibromomethane

74-95-3

Methylene chloride; Dichloromethane

75-09-2

Methyl ethyl ketone; MEK; 2-Butanone

78-93-3

Methyl iodide; Iodomethane

74-88-4

4-Methyl-2-pentanone; Methyl isobutyl ketone

108-10-1

Nickel

(Total)

Selenium

(Total)

Silver

(Total)

Styrene

100-42-5

134

1,1,1,2-Tetrachloroethane

630-20-6

1,1,2,2-Tetrachloroethane

79-34-5

Tetrachloroethylene; Tetrachloroethene; Perchloroethylene

127-18-4

Thallium

(Total)

Toluene

108-88-3

1,1,1-Trichloroethane; Methylchloroform

71-55-6

1,1,2-Trichloroethane

79-00-5

Trichloroethylene; Trichloroethene

79-01-6

Trichlorofluoromethane; CFC-11

75-69-4

1,2,3-Trichloropropane

96-18-4

Vanadium

(Total)

Vinyl acetate

108-05-4

Vinyl chloride

75-01-4

Xylenes

1330-20-7

Zinc

(Total)

This list contains 47 volatile organics for which possible analytical procedures provided in EPA Report

SW-846 "Test Methods for Evaluating Solid Waste," third edition, November 1986, as revised December 1987,

includes Method 8260; and 15 metals for which SW-846 provides either Method 6010 or a method from the

7000 series of methods.

Common names are those widely used in government regulations, scientific publications, and commerce;

synonyms exist for many chemicals.

Chemical Abstracts Service registry number. Where "Total" is entered, all species in the groundwater

that contain this element are included.

APPENDIX B. UPPERMOST AQUIFER PROTECTIVE VALUES

Chemical MCL (mg/l)

Arsenic

0.01

Barium

1.0

Benzene

0.005

Cadmium

0.01

Carbon tetrachloride

0.005

Chromium (hexavalent)

0.05

2,4-Dichlorophenoxy acetic

acid

0.1

1,4-Dichlorobenzene

0.075

1,2-Dichloroethane

0.005

1,1-Dichloroethylene

0.007

Endrin

0.0002

Fluoride

Lindane

0.004

Lead

0.05

Mercury

0.002

Methoxychlor

0.1

Nitrate

Selenium

0.01

Silver

0.05

Toxaphene

0.005

1,1,1-Trichloromethane

0.2

Trichloroethylene

0.005

2,4,5-Trichlorophenoxy

acetic acid

0.01

Vinyl Chloride

0.002

APPENDIX C. LIST OF HAZARDIOUS INORGANIC AND ORGANIC CONSTITUENTS

Common name

CAS RN

Chemical abstracts service index

name

Acenaphthene

83–32–9

Acenaphthylene, 1,2-dihydro-

Acenaphthylene

208–96–8

Acenaphthylene

Acetone

67–64–1

2-Propanone

Acetonitrile; Methyl cyanide

75–05–8

Acetonitrile

Acetophenone

98–86–2

Ethanone, 1-phenyl-

2-Acetylaminofluorene; 2-AAF

53–96–3

Acetamide, N–9H-fluoren-2-yl-

Acrolein

107–02–8

2-Propenal

Acrylonitrile

107–13–1

2-Propenenitrile

Aldrin

309–00–2

1,4:5,8-Dimethanonaphthalene,

1,2,3,4,10,10- hexachloro-1,4,4a,5,8,8a-

hexahydro-(1,4,4a,5,8,8a)-

Allyl chloride

107–05–1

1-Propene, 3-chloro-

4-Aminobiphenyl

92–67–1

[1,1'-Biphenyl]-4-amine

Anthracene

120–12–7

Anthracene

Antimony

(Total)

Antimony

Arsenic

(Total)

Arsenic

Barium

(Total)

Barium

Benzene

71–43–2

Benzene

Benzo[a]anthracene;

Benzanthracene

56–55–3

Benz[a]anthracene

Benzo[b]fluoranthene

205–99–2

Benz[e]acephenanthrylene

Benzo[k]fluoranthene

207–08–9

Benzo[k]fluoranthene

Benzo[ghi]perylene

191–24–2

Benzo[ghi]perylene

Benzo[a]pyrene

50–32–8

Benzo[a]pyrene

Benzyl alcohol

100–51–6

Benzenemethanol

Beryllium

(Total)

Beryllium

alpha-BHC

319–84–6

Cyclohexane, 1,2,3,4,5,6-hexachloro-

,(1α,2α,3β,4α,5β,6β)-

beta-BHC

319–85–7

Cyclohexane, 1,2,3,4,5,6-hexachloro-

,(1α,2β,3α,4β,5α,6β)-

delta-BHC

319–86–8

Cyclohexane, 1,2,3,4,5,6-hexachloro-

,(1α,2α,3α,4β,5α,6β)-

gamma-BHC; Lindane

58–89–9

Cyclohexane, 1,2,3,4,5,6- hexachloro-

,(1α,2α, 3β, 4α,5α,6β)-

Bis(2-chloroethoxy)methane

111–91–1

Ethane, 1,1'-[methylenebis (oxy)]bis [2-

chloro-

Bis(2-chloroethyl)ether;

Dichloroethyl ether

111–44–4

Ethane, 1,1'-oxybis[2-chloro-

Bis(2-chloro-1-methylethyl) ether;

2,2'-

Dichlorodiisopropyl ether; DCIP,

See footnote 4

108–60–1

Propane, 2,2'-oxybis[1-chloro-

Bis(2-ethylhexyl) phthalate

117–81–7

1,2-Benzenedicarboxylic acid, bis(2-

ethylhexyl)ester

Bromochloromethane;

Chlorobromethane

74–97–5

Methane, bromochloro-

Bromodichloromethane;

Dibromochloromethane

75–27–4

Methane, bromodichloro-

Bromoform; Tribromomethane

75–25–2

Methane, tribromo-

4-Bromophenyl phenyl ether

101–55–3

Benzene, 1-bromo-4-phenoxy-

Butyl benzyl phthalate; Benzyl

butyl

phthalate

85–68–7

1,2-Benzenedicarboxylic acid, butyl

phenylmethyl ester

Cadmium

(Total)

Cadmium

Carbon disulfide

75–15–0

Carbon disulfide

Carbon tetrachloride

56–23–5

Methane, tetrachloro-

Chlordane

See footnote 5

4,7-Methano-1H-indene, 1,2,4,5,6,7,8,8-

octachloro- 2,3,3a,4,7,7a-hexahydro-

p-Chloroaniline

106–47–8

Benzenamine, 4-chloro-

Chlorobenzene

108–90–7

Benzene, chloro-

Chlorobenzilate

510–15–6

Benzeneacetic acid, 4-chloro-

-(4-chlorophenyl)-

-hydroxy-, ethyl ester.

p-Chloro-m-cresol; 4-Chloro-3-

methylphenol

59–50–7

Phenol, 4-chloro-3-methyl-

Chloroethane; Ethyl chloride

75–00–3

Ethane, chloro-

Chloroform; Trichloromethane

67–66–3

Methane, trichloro-

2-Chloronaphthalene

91–58–7

Naphthalene, 2-chloro-

2-Chlorophenol

95–57–8

Phenol, 2-chloro-

4-Chlorophenyl phenyl ether

7005–72–3

Benzene, 1-chloro-4-phenoxy-

Chloroprene

126–99–8

1,3-Butadiene, 2-chloro-

Chromium

(Total)

Chromium

Chrysene

218–01–9

Chrysene

Cobalt

(Total)

Cobalt

Copper

(Total)

Copper

m-Cresol; 3-Methylphenol

108–39–4

Phenol, 3-methyl-

o-Cresol; 2-Methylphenol

95–48–7

Phenol, 2-methyl-

p-Cresol; 4-Methylphenol

106–44–5

Phenol, 4-methyl-

Cyanide

57–12–5

Cyanide

2,4-D; 2,4-Dichlorophenoxyacetic

acid

94–75–7

Acetic acid, (2,4-dichlorophenoxy)-

4,4'-DDD

72–54–8

Benzene 1,1'-(2,2-dichloroethylidene) bis[4-

chloro-

4,4'-DDE

72–55–9

Benzene, 1,1'-(dichloroethenylidene) bis[4-

chloro-

4,4'-DDT

50–29–3

Benzene, 1,1'-(2,2,2-trichloroethylidene)

bis[4-chloro-

Diallate

2303–16–4

Carbamothioic acid, bis(1-

methylethyl)-, S- (2,3- dichloro-2-

propenyl) ester.

Dibenz[a,h]anthracene

53–70–3

Dibenz[a,h]anthracene

Dibenzofuran

132–64–9

Dibenzofuran

Dibromochloromethane;

Chlorodibromomethane

124–48–1

Methane, dibromochloro-

1,2-Dibromo-3-chloropropane;

DBCP

96–12–8

Propane, 1,2-dibromo-3-chloro-

1,2-Dibromoethane; Ethylene

dibromide;

EDB

106–93–4

Ethane, 1,2-dibromo-

Di-n-butyl phthalate

84–74–2

1,2-Benzenedicarboxylic acid, dibutyl ester

o-Dichlorobenzene; 1,2-

Dichlorobenzene

95–50–1

Benzene, 1,2-dichloro-

m-Dichlorobenzene; 1,3-

Dichlorobenzene

541–73–1

Benzene, 1,3-dichloro-

p-Dichlorobenzene; 1,4-

Dichlorobenzene

106–46–7

Benzene, 1,4-dichloro-

3,3'-Dichlorobenzidine

91–94–1

[1,1'-Biphenyl]-4,4'-diamine, 3,3'-dichloro-

trans-1,4-Dichloro-2-butene

110–57–6

2-Butene, 1,4-dichloro-, (E)-

Dichlorodifluoromethane; CFC 12

75–71–8

Methane, dichlorodifluoro-

1,1-Dichloroethane; Ethyldidene

chloride

75–34–3

Ethane, 1,1-dichloro-

1,2-Dichloroethane; Ethylene

dichloride

107–06–2

Ethane, 1,2-dichloro-

1,1-Dichloroethylene; 1,1-

Dichloroethene;

75–35–4

Ethene, 1,1-dichloro-

Vinylidene chloride cis-1,2-

Dichloroethylene; cis-1,2-

Dichloroethene

156–59–2

Ethene, 1,2-dichloro-(Z)-

trans-1,2-Dichloroethylene; trans-

1,2-

Dichloroethene

156–60–5

Ethene, 1,2-dichloro-, (E)-

2,4-Dichlorophenol

120–83–2

Phenol, 2,4-dichloro-

2,6-Dichlorophenol

87–65–0

Phenol, 2,6-dichloro-

1,2-Dichloropropane

78–87–5

Propane, 1,2-dichloro-

1,3-Dichloropropane;

Trimethylene dichloride

142–28–9

Propane, 1,3-dichloro-

2,2-Dichloropropane;

Isopropylidene

chloride

594–20–7

Propane, 2,2-dichloro-

1,1-Dichloropropene

563–58–6

1-Propene, 1,1-dichloro-

cis-1,3-Dichloropropene

10061–01–5

1-Propene, 1,3-dichloro-, (Z)-

trans-1,3-Dichloropropene

10061–02–6

1-Propene, 1,3-dichloro-, (E)-

Dieldrin

60–57–1

2,7:3,6-Dimethanonaphth [2,3-b]oxirene,

3,4,5,6,9,9- hexachloro-

1a,2,2a,3,6,6a,7,7a-octahydro-,

(1aα,2β,2aα,3β,6β,6aα,7β,7aα)-

Diethyl phthalate

84–66–2

1,2-Benzenedicarboxylic acid, diethyl ester

O,O-Diethyl O–2-pyrazinyl

phosphorothioate; Thionazin

297–97–2

Phosphorothioic acid, O,O-diethyl O-pyrazinyl

ester.

Dimethoate

60–51–5

Phosphorodithioic acid, O,O-dimethyl S-[2-

(methylamino)-2-oxoethyl] ester

p-(Dimethylamino)azobenzene

60–11–7

Benzenamine, N,N-dimethyl-4-(phenylazo)-

7,12-Dimethylbenz[a]anthracene

57–97–6

Benz[a]anthracene, 7,12-dimethyl-

3,3'-Dimethylbenzidine

119–93–7

[1,1'-Biphenyl]-4,4'-diamine, 3,3'-dimethyl-

alpha, alpha-

Dimethylphenethylamine

122–09–8

Benzeneethanamine, α,α-dimethyl-

2,4-Dimethylphenol; m-Xylenol

105–67–9

Phenol, 2,4-dimethyl-

Dimethyl phthalate

131–11–3

1,2-Benzenedicarboxylic acid, dimethyl ester

m-Dinitrobenzene

99–65–0

Benzene, 1,3-dinitro-

4,6-Dinitro-o-cresol; 4,6-Dinitro-2-

methylphenol

534–52–1

Phenol, 2-methyl-4,6-dinitro-

2,4-Dinitrophenol

51–28–5

Phenol, 2,4-dinitro-

2,4-Dinitrotoluene

121–14–2

Benzene, 1-methyl-2,4-dinitro-

2,6-Dinitrotoluene

606–20–2

Benzene, 2-methyl-1,3-dinitro-

Dinoseb; DNBP; 2-sec-Butyl-

4,6- dinitrophenol

88–85–7

Phenol, 2-(1-methylpropyl)-4,6-dinitro-

Di-n-octyl phthalate

117–84–0

1,2-Benzenedicarboxylic acid, dioctyl ester

Diphenylamine

122–39–4

Benzenamine, N-phenyl-

Disulfoton

298–04–4

Phosphorodithioic acid, O,O-diethyl S-[2-

(ethylthio)ethyl] ester

Endosulfan I

959–98–8

6,9-Methano-2,4,3-benzodiox-athiepin,

6,7,8,9,10,10- hexachloro-1,5,5a,6,9,9a-

hexahydro-, 3-oxide,

Endosulfan II

33213–65–9

6,9-Methano-2,4,3-benzodioxathiepin,

6,7,8,9,10,10-

hexachloro- 1,5,5a,6,9,9a-hexahydro-, 3-

oxide, (3α,5aα,6β,9β, 9aα)-

Endosulfan sulfate

1031–07–8

6,9-Methano-2,4,3-benzodioxathiepin,

6,7,8,9,10,10- hexachloro-1,5,5a,6,9,9a-

hexahydro-, 3,3-dioxide

Endrin

72–20–8

2,7:3,6-Dimethanonaphth[2,3-b]oxirene,

3,4,5,6,9,9- hexachloro-

1a,2,2a,3,6,6a,7,7a-octahydro-, (1aα,

2β,2aβ, 3α,6α,6aβ,7β,7aα)-

Endrin aldehyde

7421–93–4

1,2,4-Methenocyclo-penta[cd]pentalene-5-

carboxaldehyde,2,2a,3,3,4,7-

hexachlorodecahydro-

(1α,2β,2aβ,4β,4aβ,5β,6aβ,6bβ,7R*)-

Ethylbenzene

100–41–4

Benzene, ethyl-

Ethyl methacrylate

97–63–2

2-Propenoic acid, 2-methyl-, ethyl ester

Ethyl methanesulfonate

62–50–0

Methanesulfonic acid, ethyl ester

Famphur

52–85–7

Phosphorothioic acid, O-[4-

[(dimethylamino)sulfonyl]phenyl]-O,O-

dimethyl ester

Fluoranthene

206–44–0

Fluoranthene

Fluorene

86–73–7

9H-Fluorene

Heptachlor

76–44–8

4,7-Methano-1H-indene,1,4,5,6,7,8,8-

heptachloro- 3a,4,7,7a-tetrahydro-

Heptachlor epoxide

1024–57–3

2,5-Methano-2H-indeno[1,2-b]oxirene,

2,3,4,5,6,7,7-heptachloro-1a,1b,5,5a,6,6a,-

hexahydro-

,(1aα,1bβ,2α,5α,5aβ,6β,6aα)

Hexachlorobenzene

118–74–1

Benzene, hexachloro-

Hexachlorobutadiene

87–68–3

1,3-Butadiene, 1,1,2,3,4,4-hexachloro-

Hexachlorocyclopentadiene

77–47–4

1,3-Cyclopentadiene, 1,2,3,4,5,5-hexachloro-

Hexachloroethane

67–72–1

Ethane, hexachloro-

Hexachloropropene

1888–71–7

1-Propene, 1,1,2,3,3,3-hexachloro-

2-Hexanone; Methyl butyl ketone

591–78–6

2-Hexanone

Indeno(1,2,3-cd)pyrene

193–39–5

Indeno[1,2,3-cd]pyrene

Isobutyl alcohol

78–83–1

1-Propanol, 2-methyl-

Isodrin

465–73–6

1,4,5,8-

Dimethanonaphthalene,1,2,3,4,1

0,10- hexachloro-1,4,4a,5,8,8a

hexahydro-(1α, 4α,

4aβ,5β,8β,8aβ)-

Isophorone

78–59–1

2-Cyclohexen-1-one, 3,5,5-trimethyl-

Isosafrole

120–58–1

1,3-Benzodioxole, 5-(1-propenyl)-

Kepone

143–50–0

1,3,4-Metheno-2H-cyclobuta-

[cd]pentalen-2-one,

1,1a,3,3a,4,5,5,5a,5b,6-

decachlorooctahydro-

Lead

(Total)

Lead

Mercury

(Total)

Mercury

Methacrylonitrile

126–98–7

2-Propenenitrile, 2-methyl-

Methapyrilene

91–80–5

1,2,Ethanediamine, N,N-dimethyl-N'-2-

pyridinyl-N'-(2- thienylmethyl)-

Methoxychlor

72–43–5

Benzene, 1,1'-(2,2,2,trichloroethylidene)bis [4-

methoxy-

Methyl bromide; Bromomethane

74–83–9

Methane, bromo-

Methyl chloride; Chloromethane

74–87–3

Methane, chloro-

3-Methylcholanthrene

56–49–5

Benz[j]aceanthrylene, 1,2-dihydro-3-methyl-

Methyl ethyl ketone; MEK; 2-

Butanone

78–93–3

2-Butanone

Methyl iodide; Iodomethane

74–88–4

Methane, iodo-

Methyl methacrylate

80–62–6

2-Propenoic acid, 2-methyl-, methyl ester

Methyl methanesulfonate

66–27–3

Methanesulfonic acid, methyl ester

2-Methylnaphthalene

91–57–6

Naphthalene, 2-methyl-

Methyl parathion; Parathion methyl

298–00–0

Phosphorothioic acid, O,O-dimethyl

4-Methyl-2-pentanone; Methyl

isobutyl ketone

108–10–1

2-Pentanone, 4-methyl-

Methylene bromide;

Dibromomethane

74–95–3

Methane, dibromo-

Methylene chloride;

Dichloromethane

75–09–2

Methane, dichloro-

Naphthalene

91–20–3

Naphthalene

1,4-Naphthoquinone

130–15–4

1,4-Naphthalenedione

1-Naphthylamine

134–32–7

1-Naphthalenamine

2-Naphthylamine

91–59–8

2-Naphthalenamine

Nickel

(Total)

Nickel

o-Nitroaniline; 2-Nitroaniline

88–74–4

Benzenamine, 2-nitro-

m-Nitroaniline; 3-Nitroaniline

99–09–2

Benzenamine, 3-nitro-

p-Nitroaniline; 4-Nitroaniline

100–01–6

Benzenamine, 4-nitro-

Nitrobenzene

98–95–3

Benzene, nitro-

o-Nitrophenol; 2-Nitrophenol

88–75–5

Phenol, 2-nitro-

p-Nitrophenol; 4-Nitrophenol

100–02–7

Phenol, 4-nitro-

N-Nitrosodi-n-butylamine

924–16–3

1-Butanamine, N-butyl-N-nitroso-

N-Nitrosodiethylamine

55–18–5

Ethanamine, N-ethyl-N-nitroso-

N-Nitrosodimethylamine

62–75–9

Methanamine, N-methyl-N-nitroso-

N-Nitrosodiphenylamine

86–30–6

Benzenamine, N-nitroso-N-phenyl-

N-Nitrosodipropylamine; N-

Nitroso-N- dipropylamine; Di-n-

propylnitrosamine

621–64–7

1-Propanamine, N-nitroso-N-propyl-

N-Nitrosomethylethalamine

10595–95–6

Ethanamine, N-methyl-N-nitroso-

N-Nitrosopiperidine

100–75–4

Piperidine, 1-nitroso-

N-Nitrosopyrrolidine

930–55–2

Pyrrolidine, 1-nitroso-

5-Nitro-o-toluidine

99–55–8

Benzenamine, 2-methyl-5-nitro-

Parathion

56–38–2

Phosphorothioic acid, O,O-diethyl-O-(4-

nitrophenyl)

ester

Pentachlorobenzene

608–93–5

Benzene, pentachloro-

Pentachloronitrobenzene

82–68–8

Benzene, pentachloronitro-

Pentachlorophenol

87–86–5

Phenol, pentachloro-

Phenacetin

62–44–2

Acetamide, N-(4-ethoxyphenyl)

Phenanthrene

85–01–8

Phenanthrene

Phenol

108–95–2

Phenol

p-Phenylenediamine

106–50–3

1,4-Benzenediamine

Phorate

298–02–2

Phosphorodithioic acid, O,O-diethyl S-

[(ethylthio)methyl] ester

Polychlorinated biphenyls; PCBs

See footnote 6

1,1'-Biphenyl, chloro derivatives

Pronamide

23950–58–5

Benzamide, 3,5-dichloro-N-(1,1-dimethyl-2-

propynyl)-

Propionitrile; Ethyl cyanide

107–12–0

Propanenitrile

Pyrene

129–00–0

Pyrene

Safrole

94–59–7

1,3-Benzodioxole, 5-(2- propenyl)-

Selenium

(Total)

Selenium

Silver

(Total)

Silver

Silvex; 2,4,5-TP

93–72–1

Propanoic acid, 2-(2,4,5- trichlorophenoxy)-

Styrene

100–42–5

Benzene, ethenyl-

Sulfide

18496–25–8

Sulfide

2,4,5-T; 2,4,5-

Trichlorophenoxyacetic acid

93–76–5

Acetic acid, (2,4,5- trichlorophenoxy)-

2,3,7,8-TCDD; 2,3,7,8-

Tetrachlorodibenzo- p-dioxin

1746–01–6

Dibenzo[b,e][1,4]dioxin, 2,3,7,8-tetrachloro-

1,2,4,5-Tetrachlorobenzene

95–94–3

Benzene, 1,2,4,5-tetrachloro-

1,1,1,2-Tetrachloroethane

630–20–6

Ethane, 1,1,1,2-tetrachloro-

1,1,2,2-Tetrachloroethane

79–34–5

Ethane, 1,1,2,2-tetrachloro-

Tetrachloroethylene;

127–18–4

Ethene, tetrachloro-

Tetrachloroethene;

Perchloroethylene

2,3,4,6-Tetrachlorophenol

58–90–2

Phenol, 2,3,4,6-tetrachloro-

Thallium

(Total)

Thallium

Tin

(Total)

Tin

Toluene

108–88–3

Benzene, methyl-

o-Toluidine

95–53–4

Benzenamine, 2-methyl-

Toxaphene

See footnote 7

Toxaphene

1,2,4-Trichlorobenzene

120–82–1

Benzene, 1,2,4-trichloro-

1,1,1-Trichloroethane;

Methylchloroform

71–55–6

Ethane, 1,1,1-trichloro-

1,1,2-Trichloroethane

79–00–5

Ethane, 1,1,2-trichloro-

Trichloroethylene; Trichloroethene

79–01–6

Ethene, trichloro-

Trichlorofluoromethane; CFC–11

75–69–4

Methane, trichlorofluoro-

2,4,5-Trichlorophenol

95–95–4

Phenol, 2,4,5-trichloro-

2,4,6-Trichlorophenol

88–06–2

Phenol, 2,4,6-trichloro-

1,2,3-Trichloropropane

96–18–4

Propane, 1,2,3-trichloro-

O,O,O-Triethyl phosphorothioate

126–68–1

Phosphorothioic acid, O,O,O-triethyl ester

sym-Trinitrobenzene

99–35–4

Benzene, 1,3,5-trinitro-

Vanadium

(Total)

Vanadium

Vinyl acetate

108–05–4

Acetic acid, ethenyl ester

Vinyl chloride; Chloroethene

75–01–4

Ethene, chloro-

Xylene (total)

See footnote 8

Benzene, dimethyl-

Zinc

(Total)

Zinc

Common names are those widely used in government regulations, scientific publications, and commerce; synonyms exist for many chemicals.

Chemical Abstracts Service registry number. Where “Total” is entered, all species in the ground water that contain this element are included.

CAS index names are those used in the 9th Cumulative Index.

This substance is often called bis(2-chloroisopropyl) ether, the name Chemical Abstracts Service applies to its noncommercial isomer, propane, 2,2"-oxybis[2-chloro-

(CAS RN 39638–32–9).

Chlordane: This entry includes alpha-chlordane (CAS RN 5103–71–9), beta-chlordane (CAS RN 5103–74–2), gamma-

chlordane (CAS RN 5566–34–7), and constituents of chlordane (CAS RN 57–74–9 and CAS RN 12789–03–6).

Polychlorinated biphenyls (CAS RN 1336–36–3); this category contains congener chemicals, including constituents of Aroclor- 1016 (CAS

RN 12674–11–2), Aroclor-1221 (CAS RN 11104–28–2), Aroclor-1232 (CAS RN 11141–16–5), Aroclor-1242

(CAS RN 53469–21–9), Aroclor-1248 (CAS RN 12672–29–6), Aroclor-1254 (CAS RN 11097–69–1), and Aroclor-1260 (CAS

RN 11096–82–5).

Toxaphene: This entry includes congener chemicals contained in technical toxaphene (CAS RN 8001–35–2), i.e., chlorinated camphene.

Xylene (total): This entry includes o-xylene (CAS RN 96–47–6), m-xylene (CAS RN 108–38–3), p-xylene (CAS RN 106–42–3), and unspecified

xylenes (dimethylbenzenes) (CAS RN 1330–20–7).

APPENDIX D. BORINGS IN DRILLING PLAN

Size of site

Total

Number of

Borings

Required

Number of Borings

Drilled at Least Ten

Feet into the

Uppermost Saturated

Zone

5 acres or less

> 5-10

> 10-15

>15-20

>20-25

>25-30

>30-35

>35-40

>40-45

etc.

APPENDIX E. BOREHOLE DEPTH CALCULATION TABLE

Owner/Operator's

Name

Location or Name of Proposed Site

Date Prepared

By Whom

Name or Number

of Boring

The Deepest

Proposed

Placement of

Waste in terms

of Mean Sea

Level Minus 30'

Surface

Elevation of

Boring

Total Depth of

Borings (Column

3- Column 2)

APPENDIX F. NHIW WASTESTREAMS

(1)

Air pollution control equipment residues

(2)

Arsenically-treated wood that meets the exemption criteria of 40 CFR

261.4(b)(9)

(3)

Auto shredder fluff

(4)

Blasting media and other abrasives used to remove surface coatings

(5)

Coal combustion ash per 40 CFR 261.4(b)(4)

(6)

Combustible materials as defined in 49 CFR 173.120 and 173.124, that

are not regulated as hazardous wastes

(7)

Containers which are RCRA empty in accordance with 40 CFR 261.7, or

empty containers which have held pesticides (i.e., herbicides, fungicides,

or rodenticides)

(8)

Cooling tower waters and other cooling process related wastes

(9)

Incinerator ash

(10)

Industrial sludges and industrial mud trap residues

(11)

Industrial wastewater treatment plant sludge (excluding sludge that

is exclusively sanitary sewage)

(12)

Ink wastes

(13)

Lab related wastes, including lab packs

(14)

Lighting fixture ballasts containing non-TSCA regulated PCBs per 40

CFR Part 761

(15)

Miscellaneous chemical spill residue, primarily non-fuel related

(16)

Municipal and non-industrial wastewater treatment plant sludges

(17)

Non-hazardous pesticides (i.e., herbicides, fungicides, &

rodenticides)

(18)

Oil filters meeting the requirements of 40 CFR 261.4(b)(13)

(19)

Outdated and off-specification products

(20)

Outdated, off-specification, or mislabeled over-the-counter medicines

which are not hazardous in accordance with 40 CFR 261, Subparts C or D

(21)

Paint waste and related solvents

(22)

Petroleum contaminated soil and debris, oily rags and absorbents with

> 1000 ppm TPH

(23)

Pharmaceutical waste not identified in (20)

(24)

Refractory & foundry sands and slag, retort, fly ash, cement kiln

dust

(25)

Resins, polymers, and adhesives

(26)

Sludges containing materials washed from the interior of bulk

materials carriers such as tank trucks or railroad tank cars

(27)

Wastes exempted by the RCRA Bevill waste exclusion in 40 CFR

261.4(b)(7)

(28)

Wastes rendered non-hazardous that were formerly hazardous pursuant

to 40 CFR 261, Subpart C

(29)

Unknowns

(30)

Wastes from metal plating processes

Printed name Title Date

APPENDIX G. NHIW CERTIFICATION FORM

Please read instructions prior to completing this form.

Generator Name:

Mailing Address: City State Zip

Point of Generation City State Zip

Generator Contact: Title Telephone

DETAILED WASTE DESCRIPTION

Waste Name:

If waste was generated out-of-state, is it classified as hazardous in the state of origin? [] Yes [] No [] NA- Okla. waste

Approximate amount of waste to be disposed: Disposal frequency: Physical characteristics:

[] Tons[] Pounds[] One-time [] Weekly[] Solid[] Liquid

[] Cubic yards [] Drum[] Monthly [] Annually[] Sludge[] Combination [] Other

Method used to determine waste is non-hazardous: [] Analysis [] Generator knowledge [] Both

Process generating waste (be specific and use additional sheets if necessary):

DESIGNATED RECEIVING LANDFILL

Name:

Permit #:

GENERATOR CERTIFICATION

I understand this form must be signed by the original waste generator or other persons authorized by 27A O.S. §2-10-

501(H). To the best of my knowledge, I certify:

• The information contained herein is accurate, complete, and representative of the waste to be disposed;

• The waste identified above is not a characteristically hazardous waste as identified by 40 CFR 261, Subpart C, is not a listed hazardous waste as

identified by 40 CFR 261, Subpart D or contaminated with a listed hazardous waste, and is not otherwise identified as a hazardous waste by

the Department of Environmental Quality; and

• This waste will be managed in accordance with all applicable statutes and rules of the Department of Environmental

Quality .

Generator Signature

INSTRUCTIONS FOR COMPLETING THE NHIW CERTIFICATION

Enter the name of the generating facility, generator mailing address, address where the waste was generated,

contact name and title of person at the generating facility who is knowledgeable about the waste, and phone

number.

DETAILED WASTE DESCRIPTION

Identify the name of the waste.

Identify the approximate amount of waste to be disposed under the plan, its frequency of disposal, and its

physical characteristics.

Identify if the waste was determined to be non-hazardous by either knowledge of process, testing, or

both. If requested by DEQ, the generator must be able to provide information about the waste, such as a

list of chemical constituents entering into the waste and a list of chemical constituents likely to be in the

waste, laboratory analyses, MSDS sheets, and other information used by the generator to determine the

waste is nonhazardous.

Identify the process generating the waste. Please note that the waste generating description must

be specific and sufficient to demonstrate the waste is non-hazardous.

DESIGNATED RECEIVING LANDFILL

Identify the name of the landfill to receive the waste and its DEQ permit number.

GENERATORCERTIFICATION

Read the certification and sign and date the form. Please note that the certification may only be dated and

signed by one of the following: 1) the original waste generator; 2) a person who identifies and is

under contract with a generator and whose activities under the contract cause the waste to be generated;

3) a party to a remediation project under an order of the DEQ or under the auspices of the Oklahoma

Energy Resources Board or other agencies of other states; or 4) a person responding to an

environmental emergency.

The completed notification form should be submitted to the DEQ at the following address. Once submitted,

the generator may dispose of the waste at the designated landfill.

Department of Environmental Quality

Solid Waste Compliance Unit

P. O. Box 1677

Oklahoma City, OK 73102

Phone (405) 702-5100

Fax (405) 702-5101

Appendix H. Procedure for Calculating Closure Cost Estimates for Financial Assurance

This Appendix presents the worksheet for calculating final closure cost estimates. The tasks and

services included in this worksheet are based on the more complex closure requirements for MSWLFs. Some

tasks and services may not be required for construction/demolition and non-hazardous industrial waste landfills,

nor for other types of solid waste facilities requiring financial assurance. Owner/operators will be able to input

site-specific information to calculate the necessary financial assurance.

Table H.1

All site data necessary to calculate estimates of closure and post-closure costs can be gathered by completing Table

H.1.

Data from Table H.1 should be inserted into Table H.2 of this Appendix and Table I.1 of Appendix I to

complete calculations.

Table H.1 Site Data

FACILITY NAME:

PERMIT NUMBER:

DESCRIPTION

QUANTITY

UNITS

Total Permitted Area

acres

Active Portion

Composite Lined

acres

Soil Lined

acres

Area of Largest Cell/Phase

Requiring Final Cap

Composite Lined

acres

Soil Lined

acres

Perimeter Fencing

linear feet

Groundwater Monitoring Wells

VLF

Methane Gas Probes

VLF

Terraces

linear feet

Letdown Channels

linear feet

Perimeter Drainage Ditches

linear feet

Average Daily Flow

tons/day

Landfill Disposal Cost

$/ton

VLF = Vertical linear feet. The sum of the depths of all monitoring wells

Table H.2

Table H.2 can be used to calculate closure cost estimates for landfills for which site specific

data are available. The table is designed to be executed as a computer spreadsheet, but will

work equally as well using hand calculations.

•

Input site-specific quantities from Table H.1 into Table H.2, making sure the requisite units are used. Some

quantities are already given by the table.

•

Input current year unit costs obtained from the ODEQ website.*

•

For each line of Task/Service items 1 through 4, multiply the value input for quantity by the

multiplier and current year unit cost, and enter the resultant value in the Subtotal column.

•

Line 5. Identify each task required by the Closure Plan that is not identified in Table H.2.

Calculate cost estimates in accordance with OAC 252:515-27-51(d), and input total in the Subtotal

column.

•

Line 6. Add Subtotals for Task/Service items 1 through 5.

•

Lines 7, 8, and 9. Compute Administrative Services, Technical and Professional Services and

Closure Contingency costs by multiplying Line 6 by the multiplier for each respective Item.

Enter the resultant values.

•

Line 10. Add lines 6 through 9.

* Unit costs for use in completing this table will be updated for inflation by ODEQ on an annual

basis. Current costs will be posted on the ODEQ website. Users of this chart shall use costs

prepared by the ODEQ or adjust currently approved costs for inflation as of April 1

of each

subsequent year using the procedure in OAC 252:515-27-34(a)(2).

Table H.2 Closure Cost Estimate

FACILITY NAME:

PERMIT NUMBER:

Task/Service

Quantity

Units

Multiplier

Unit

Cost

Subtotal

PRELIMINARY SITE WORK

1.1

Conduct Site Evaluation

lump sum

1.2

Dispose Final Wastes

Average Daily Flow

tons/day

Disposal Cost

tons/day

5(5 days of waste)

1.3

Remove Temporary Building(s)

lump sum

1.4

Remove Equipment

lump sum

1.5

Repair/Replace

linear feet

0.25(25% of fencing)

1.6

Clean Leachate Line(s)

lump sum

MONITORING EQUIPMENT

2.1

Rework/Replace Monitoring

Well(s)

VLF

0.25(25% of wells)

2.2

Plug Abandoned Monitoring

Well(s)

VLF

0.25 (25% of wells)

2.3

Rework/Replace Methane

Probe(s)

VLF

0.25 (25% of probes)

2.4

Plug Abandoned Methane

Probe(s)

VLF

0.25 (25% of probes)

2.5

Rework/Replace Remediation

and/or Gas Control Equipment

lump sum

0.05(5% of equipment

capital cost)

CONSTRUCTION

3.1

Complete Site Grading to

include on-and off-site borrow

areas

acres

3.2

Construct Final Cap

Compacted On-site Clay Cap or

cubic yards

Compacted Off-site Clay Cap or

cubic yards

Install Geosynthetic Clay

Liner Cap

square feet

3.3

Construct Landfill Gas Venting

Layer

Place Sand or

acres

Install Net and Geotextile

square feet

3.4

Install Passive Landfill Gas

Vents

acres

3.5

Install Flexible Membrane

square feet

3.6

Drainage Layer

Place Sand or

acres

Install Net and Geonet

square feet

3.7

Place On-site Topsoil

cubic yards

Place Off-site Topsoil

cubic yards

3.8

Establish Vegetative Cover,

including on-and off- site

borrow areas

acres

DRAINAGE/EROSION CONTROL

4.1

Construct Terraces

linear feet

4.2

Construct Letdown Channels

linear feet

4.3

Clean Perimeter Drainage

Ditches

linear feet

0.50(50% of ditches)

TASKS NOT IDENTIFIED

SUBTOTAL

ADMINISTRATIVE SERVICES

lump sum

0.10(10%)

TECHNICAL and PROFESSIONAL

SERVICES

lump sum

0.12(12%)

CLOSURE CONTINGENCY

lump sum

0.10(10%)

TOTAL FINAL CLOSURE

Multipliers are determined by the Solid Waste Financial Assurance Program Report, December 22, 2000.

Unit costs for use in completing this table will be updated for inflation by ODEQ on an annual basis.

Current costs will be posted on the ODEQ website. Users of this chart shall use costs

prepared by ODEQ or adjust currently approved costs for inflation as of April 1st each year using the

procedure in OAC 252:515-27-34(a)(2).

New facilities: Insert the value for "W" in OAC 252:515-27-8(a)(2). Existing facilities: Insert reported total tonnage

for the previous year, divided by 312 operating days per year (52 weeks per year x 6 operating days per week).

Insert number of tons/day from above.

Insert landfill disposal cost per ton of waste ($/ton).

Input capital cost for gas control/remediation equipment, if installed at the site.

Input Subtotal from line 6.

Add rows 6 through 9.

Appendix I. Procedure for Calculating Post-closure Cost Estimates for Financial Assurance

This Appendix presents the worksheet for calculating final post-closure cost estimates. The tasks

and services included in this worksheet are based on the more complex closure requirements for

MSWLFs. Some tasks and services may not be required for construction/demolition and non-hazardous

industrial waste landfills, nor for other types of solid waste facilities requiring financial

assurance. Owner/operators will be able to input site-specific information to calculate the

necessary financial assurance.

I.1 Calculating Post-closure Costs

Table I.1 can be used to estimate Post-closure Costs. Table I.1 may be utilized in the same manner as Table H.2 of

Appendix H.

•

Input site-specific quantities from Table H.1 of Appendix H into Table I.1, making sure the

requisite units are used. Some quantities are already given by the table.

Input current year unit costs obtained from the ODEQ website.*

•

For each line of Task/Service items 1 through 5, multiply the value input for quantity by the multiplier

and current year unit cost*, and enter the resultant value in the subtotal column.

•

Line 6. identify each task required by the Post-closure Plan that is not identified in Table

I.2. Calculate cost estimates in accordance with OAC 252:515-27-51(d), and input total in the

Subtotal column.

•

Line 7. add Subtotals for Task/Service Items 1 through 6.

•

Lines 8, 9, and 10. Compute Administrative Services, Technical and Professional Services and

Post-closure Contingency costs by multiplying Line 7 by the multiplier for each respective Item. Enter

the resultant values.

•

Line 11. Add lines 7 through 10.

* Unit costs for use in completing this table will be updated for inflation by ODEQ on an annual

basis. Current costs will be posted on the ODEQ website. Users of this chart shall use costs

prepared by the ODEQ or adjust currently approved costs for inflation as of April 1

of each

subsequent year using the procedure in OAC 252:515-27-34(a)(2).

Table I.1 Post-closure Estimate

FACILITY NAME:

PERMIT NUMBER:

Task/Service

Quantity

Units

Multiplier

Unit Cost

Subtotal

SITE MAINTENANCE

1.1

Site Inspections

per year

30 (30 yrs)

8 (8 yrs)

1.2

General Maintenance

per year

30 (30 yrs)

8 (8 yrs)

1.3

Remediation and/or

Gas Control Equipment

lump sum

0.3

MONITORING EQUIPMENT

2.1

Rework/Replace

Monitoring Well(s)

VLF

0.25(25% of

wells)

2.2

Plug Abandoned Well(s)

VLF

0.25(25% of

wells)

2.3

Final Plugging of

Monitoring Wells

VLF

2.4

Rework/Replace Methane

Probe(s)

VLF

0.25(25% of

probes)

2.5

Plug Abandoned

Probe(s)

VLF

0.25(25% of

probes)

2.6

Final Plugging of

Methane Probes

VLF

2.7

Final Plugging of

Piezometer(s)

VLF

SAMPLING and ANALYSIS

3.1

Groundwater Monitoring

Wells

wells

60(2/yr x 30yrs)

16(2/yr x 8 yrs)

MSWLF&NHIW

C&D

3.2

Methane Gas Probes

probes

60(2/yr x 30yrs)

3.3

Surface Water

Monitoring Points

points

60(2/yr x 30yrs)

3.4

Leachate

sample

60(2/yr x 30yrs)

FINAL COVER

MAINTENANCE

4.1

Mow and Fertilize

Vegetative Cover

acres

30(30 yrs)

8(8 yrs)

4.2

Repair Erosion,

Settlement, and

Subsidence for On-site

Soils

acres

60(60 yrs)

16(16 yrs)

Repair Erosion,

Settlement, and

Subsidence for Off-

site Soils

acres

30(30 yrs)

8(8 yrs)

4.3

Reseed Vegetative

Cover

acres

0.20(20%

reseeded over

post-closure

period)

LEACHATE MANAGEMENT

5.1

Clean Leachate Line(s)

per year

0 (30 yrs)

5.2

Maintain Leachate

Collection System

and Equipment

per year

0 (30 yrs)

5.3

Collect, Treat,

Transport, and Dispose

Leachate

gal/yr

30 (30 yrs)

TASKS NOT IDENTIFIED

SUBTOTAL

ADMINISTRATIVE

SERVICES

lump sum

0.06 (6%)

TECHNICAL and

PROFESSIONAL SERVICES

lump sum

0.07 (7%)

POST-CLOSURE

CONTINGENCY

lump sum

0.10 (10%)

TOTAL POST CLOSURE

Multipliers are determined by the Solid Waste Financial Assurance Program Report, December 22,

2000.

Unit costs for use in completing this table will be updated for inflation

by ODEQ on an annual basis. Current costs will be posted on the ODEQ

website. Users of this chart shall use costs prepared by ODEQ or adjust

currently approved costs for inflation as of April 1st of each subsequent year using

the procedure in OAC 252:515-27-34(a)(2).

5% of equipment capital cost, maintenance performed once per 5 yrs for 30 years.

Input capital cost for gas control/remediation equipment, if installed at the site.

If the approved groundwater monitoring plan requires monitoring for alternative

constituents, unit costs shall be calculated in accordance with OAC 252:515-27-52(b) or

(c).

Input subtotal from line 7.

Add lines 7 through 10.