(a) A waste pile (except for an existing portion of
a waste pile) must have:
(1) a liner that is designed, constructed, and installed
to prevent any migration of wastes out of the pile into the adjacent
subsurface soil or groundwater or surface water at any time during
the active life (including the closure period) of the waste pile.
The liner may be constructed of materials that may allow waste to
migrate into the liner itself (but not into the adjacent subsurface
soil or groundwater or surface water) during the active life of the
facility. The liner must be:
(A) constructed of materials that have appropriate
chemical properties and sufficient strength and thickness to prevent
failure due to pressure gradients (including static head and external
hydrogeologic forces), physical contact with the waste or leachate
to which they are exposed, climatic conditions, the stress of installation,
and the stress of daily operation;
(B) placed upon a foundation or base capable of providing
support to the liner and resistance to pressure gradients above and
below the liner to prevent failure of the liner due to settlement,
compression, or uplift; and
(C) installed to cover all surrounding earth likely
to be in contact with the waste or leachate; and
(2) a leachate collection and removal system immediately
above the liner that is designed, constructed, maintained, and operated
to collect and remove leachate from the pile. The commission will
specify design and operating conditions in the permit to ensure that
the leachate depth over the liner does not exceed 30 centimeters (one
foot). The leachate collection and removal system must be:
(A) constructed of materials that are:
(i) chemically resistant to the waste managed in the
pile and the leachate expected to be generated; and
(ii) of sufficient strength and thickness to prevent
collapse under the pressures exerted by overlaying wastes, waste cover
materials, and by any equipment used at the pile; and
(B) designed and operated to function without clogging
through the scheduled closure of the waste pile.
(b) The owner or operator will be exempted from the
requirements of subsection (a) of this section if the commission finds,
based on a demonstration by the owner or operator, the alternate design
and operating practices, together with location characteristics, will
prevent the migration of any hazardous constituents into the groundwater
or surface water at any future time. In deciding whether to grant
an exemption, the commission will consider:
(1) the nature and quantity of the wastes;
(2) the proposed alternate design and operation;
(3) the hydrogeologic setting of the facility, including
attenuative capacity and thickness of the liners and soils present
between the pile and groundwater or surface water; and
(4) all other factors which would influence the quality
and mobility of the leachate produced and the potential for it to
migrate to groundwater or surface water.
(c) The owner and operator of each new waste pile unit,
each lateral expansion of a waste pile unit, and each replacement
of an existing waste pile unit, must comply with the requirements
of 40 CFR §264.251(c), as amended through April 4, 2006 (71 FR
16862).
(d) The executive director may approve alternative
design or operating practices to those specified in subsection (c)
of this section if the owner or operator demonstrates to the executive
director that such design and operating practices, together with location
characteristics:
(1) will prevent the migration of any hazardous constituent
into the groundwater or surface water at least as effectively as the
liners and leachate collection and removal systems specified in subsection
(c) of this section; and
(2) will allow detection of leaks of hazardous constituents
through the top liner at least as effectively.
(e) Subsection (c) of this section does not apply to
monofills that are granted a waiver by the Commission in accordance
with §335.168(e) of this title (relating to Design and Operating
Requirements (Surface Impoundments)).
(f) The owner or operator of any replacement waste
pile unit is exempt from subsection (c) of this section if:
(1) The existing unit was constructed in compliance
with the design standards of §3004(o)(1)(A)(i) and (o)(5) of
the Resource Conservation and Recovery Act; and
(2) There is no reason to believe that the liner is
not functioning as designed.
(g) The owner or operator must design, construct, operate,
and maintain a run-on control system capable of preventing flow onto
the active portion of the pile during peak discharge from at least
a 100-year storm.
(h) The owner or operator must design, construct, operate,
and maintain a run-off management system to collect and control at
least the water volume from active portions resulting from a 24-hour,
100-year storm.
(i) Collection and holding facilities (e.g., tanks
or basins) associated with run-on and run-off control systems must
be emptied or otherwise managed expeditiously after storms to maintain
design capacity of the system.
(j) If the pile contains any particulate matter which
may be subject to wind dispersal, the owner or operator must cover
or otherwise manage the pile to control wind dispersal.
(k) The commission will specify in the permit all design
and operating practices that are necessary to ensure that the requirements
of this section are satisfied.
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Source Note: The provisions of this §335.170 adopted to be effective May 28, 1986, 11 TexReg 2347; amended to be effective February 26, 1996, 21 TexReg 1142; amended to be effective February 21, 2013, 38 TexReg 978 |