United States

Environmental Protection

Agency

Solid Waste

and Emergency Response

(OS-305)

EPA/530-SW-91-089

March 1993

Criteria for Solid Waste

Disposal Facilities

A Guide for Owners/Operators
...environment-and that requires a strong partnership of federal, state, and tribal governments; industry; and citizens.

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Owners/operators

must set up a

system to ensure

that hazardous

wastes are kept out

of municipal

landfills.

To make waste management more

effective, federal, state, tribal, and local

governments are adopting an integrated

approach to waste management. This

strategic approach involves a mix of

three waste management techniques: 1)

decreasing the amount and/or toxicity

of waste that must be disposed of by

producing less waste to begin with

(source reduction); 2) increasing

recycling of materials such as paper,

glass, steel, plastic, and aluminum, thus

recovering these materials rather than

discarding them; and 3) providing safer

disposal capacity by improving the

design and management of incinerators

and landfills.

Source reduction and recycling will

keep a lot of waste out of municipal

landfills, but we still need landfills. The

challenge is to make them safe in order

to protect our communities and our

EPAs continuing mission is to minimize

the risks from landfills. The criteria

described in this booklet are an

important part of this effort. They

establish minimum national standards

for landfill design, operation, and

management that will enhance landfill

safety and boost public confidence in

landfills as a component of a workable

integrated waste management system.
T

his booklet summarizes the provisions of the U.S. Environmental

Protection Agency’s (EPA's) Municipal Solid Waste Landfill (MSWLF)

Criteria. It discusses the major requirements of these regulations, who is

required to comply and when, how the rule will be implemented and enforced,

and where to obtain more information. States and Indian tribes are expected to

adopt these federal standards and implement the regulations through their own

permit programs. This booklet highlights the increased flexibility given to states

and tribes that develop EPA-approved programs.

This booklet provides only an overview of the federal regulations. Readers

affected by them should refer to the actual regulations, which are published in

Volume 40 of the Code of Federal Regulations, Part 258 (see the Federal Register,

October 9,1991, 56FR50978). The Agency encourages landfill owners/operators to

work with their respective state or tribal authorities, since state

and tribal programs may have different . .

.

requirements.

Although written primarily for

owners/operators of municipal

solid waste landfills, this booklet

also will be useful for others,

including state and tribal government officials, who are responsible

for implementing the regulations.

Introduction

T

he problems caused by municipal

solid waste landfills have become

a source of public concern in recent

years. As Americans have become more aware

of the potential threat to health and the

environment from toxic substances, they also

have become more concerned about the

generation and management of solid waste —

sometimes to the point of refusing to allow

new landfills near their homes. Americans

are generating more municipal solid waste

each year, but available landfill space is

declining. In 1990, Americans generated

over 195 million tons of municipal

solid waste, and the annual amount is

expected to increase to more than

220 million tons by 2000.
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The Purpose of These

Regulations

H

istorically, landfills have been

associated with some

significant problems, including

ground-water contamination, which

partly explains the public’s resistance to

new facilities.

Ground-water contamination. Nearly

half the country’s population draws its

drinking water from aquifers and other

ground-water bodies. Ground water

also is used extensively for agricultural,

industrial, and recreational purposes.

Landfills can contribute to the

contamination of this valuable resource

if they are not designed to prevent waste

releases into ground water or detect

them when they occur. Cleaning up

contaminated ground water is a long

and costly process and in some cases

may not be totally successful. Affected

communities often bear both the

cleanup costs and the expense of

providing other sources of potable

water. By adopting a philosophy of

prevention, the regulations’ improved

design standards will protect ground

water.

Difficulties in landfill siting. The

problem of managing the increased

volume of municipal solid waste is

compounded by rising public resistance

to siting new landfills. The regulations

are designed to ensure that new or

expanded landfills do not contaminate

ground water and thus become

community burdens. As a result, they

protect the intrinsic value of ground

water and can help avert the pressures

associated with landfills that can drive

down property values.

Specific prevention measures written

into the regulations include location

restrictions, operating and design

criteria, and requirements for final cover

and post-closure care. The regulations

also require ground-water monitoring to

detect any releases of contaminants from

landfills. Corrective action and financial

assurance provisions ensure immediate

and effective responses to such releases.

Some Definitions Under

the Regulations

Municipal solid waste landfill (MSWLF): A discrete area

of land or an excavation that receives household waste,

and that is not a land application unit, surface

impoundment, injection well, or waste pile, as those terms

are defined in the law. (Household waste includes any

solid waste, including garbage, trash, and septic tank

waste derived from houses, apartments, hotels, motels,

campgrounds, and picnic grounds.) An MSWLF unit also

may receive other types of wastes as defined under

Subtitle D of the Resource Conservation and Recovery Act

(RCRA), such as commercial solid waste, nonhazardous

sludge, small quantity generator waste, and industrial

solid waste. Such a landfill maybe publicly or privately

owned. An MSWLF unit can be a new unit, an existing

unit, or a lateral expansion (see definitions below).

Existing unit: A municipal solid waste landfill unit that is

receiving solid waste as of October 9,1993. Waste

placement in existing units must be consistent with past

operating practices or modified practices to ensure good

management.

Lateral expansion: A horizontal expansion of the waste

boundaries of an existing unit; does not include expansion

in the vertical dimension.

New unit: Any municipal solid waste landfill unit that has

not received waste prior to October 9,1993.

Small landfill: A landfill serving a community that

disposes of less than 20 tons of municipal solid waste per

day, averaged yearly.
ills receiving waste on or after Octpber 9, 1993, must comply with the regulations.

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EPA has carefully considered the

impacts of the regulations on local

governments. Where possible, EPA has

written the regulations to allow

flexibility in both the technical

requirements and their implementation.

For example, the regulations provide

relief from the more costly requirements

for certain small landfills. Moreover,

states and tribes with EPA-approved

landfill permitting programs are given

the opportunity to provide considerable

flexibility in applying all major

components of the landfill criteria, so

that site-specific conditions can be

considered in such areas as design and

ground-water monitoring.

Who Is Covered?

T

he regulations apply to owners/

operators of all municipal solid

waste landfills that receive waste

on or after October 9, 1993. Landfills

that stop accepting waste between

October 9,1991, and October 9,1993,

need only comply with the

requirements for-final cover (see page

16). Landfills that stopped accepting

waste before October 9, 1991, do not

need to comply with these regulations.

The regulations apply to landfills that

accept household waste, which 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). They do not apply to units

(including landfills, surface

impoundments, waste piles, and land

application units) that accept only

industrial nonhazardous waste (e.g.,

construction/demolition landfills).

(owners/operators of these units would

be required to comply with the

provisions of 40 CFR Part 257.)

As mentioned, owners/operators of

certain small landfills may be eligible

for exemption from the regulations

governing design, ground-water

monitoring, and corrective action.

See the section entitled “Exemptions

for Small Landfills,” page 5.

When Do the

Requirements Apply?

T

he requirements concerning

location restrictions, design criteria

(new and lateral expansion units

only), operating criteria, and closure/postclosure care are effective October 9, 1993.

Ground-water monitoring and corrective

action requirements are effective three,

four, or five years after October 9,1991,

depending on a unit’s proximity to

drinking water intakes (see sidebar,

page 15). The financial assurance

requirements are effective April 9,1994.
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These dates reflect the requirements of

the federal MSWLF criteria. Contact

your state or tribal authority to determine specific state/tribal effective dates.

Implementation

of the Regulations:

Federal, State, Tribal,

and Owner/Operator

Responsibilities

Implementation by approved

states and Indian tribes

States and tribes are entitled to develop

their own permitting programs

incorporating the federal landfill criteria

to ensure that owners/operators are

complying. States and tribes also may

establish requirements that are more

stringent than those set by the federal

government. EPA's role is to review

and approve these programs.

EPA is developing the State/Tribal

Implementation Rule, which will

delineate the requirements for receiving

EPA approval. For permit programs to

be considered adequate,a state or tribe

must have the capability of issuing

permits or some other form of prior

approval, and must establish conditions

requiring owners/operators to comply

with the landfill regulations.A state or

tribe must also be able to ensure

compliance through monitoring and

enforcement actions and must provide

for public participation.

By securing approval for its program,a

state or tribe has the opportunity for

more flexibility and discretion in

implementing the criteria according to

local needs and conditions. Owners/

operators located ina jurisdiction with

an approved program may benefit from

this potential flexibility, which extends

to all parts of the regulations (see box,

page 6).

Implementation in states/tribes

without approved programs

EPA expects that although most states

will be approved by the effective date of

the rule, some simply may not apply. In

these cases, owners/operators are

required to implement the federal

regulations. Each owner/operator must

document compliance and supply this

documentation to the state or tribe on

request. Owners/operators must

comply with state/tribal requirements.

Citizen roles

While state, tribal, and local

governments are responsible for

ensuring compliance with their waste

programs, private citizens play an

important role, too. Individuals can

help ensure that facilities comply with

state or tribal rules and regulations

through such activities as participating

in any public meetings regarding

landfill siting and permit issuance, and

working closely with their responsible

state, tribal, and local officials. Citizens

also have the right to sue landfill

owners/operators who are not in

compliance with the federal regulations.

Exemptions for Small

Landfills A

proximately 6,000 municipal

landfills are potentially subject

to the criteria. Quitea few—

nearly 50 percent— are defined as

“small” landfills, meaning they receive

an average of no more than 20 tons of

municipal solid waste per day (figured

annually). These landfills generally

serve communities of fewer than 10,000

people.
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The landfill design, ground-water

monitoring, and corrective action

provisions required under the criteria

are likely to be expensive. Small

communities might be unable to spread

these costs among many users, thereby

leading to significant increases in percapita disposal assessments.

The regulations are designed to provide

the opportunity for some relief from the

more costly requirements without

compromising human health or the

environment. An owner/operator of a

small landfill may be exempted from the

design, ground-water monitoring, and

corrective action requirements under

two circumstances:

1) There is no evidence of groundwater contamination, the

community has no practical waste

management alternative, and the

landfill is located in an area that

receives less than 25 inches of

precipitation annually.

2) There is no evidence of groundwater contamination and the

community undergoes an annual

interruption of surface transportation, lasting at least three

consecutive months, that prevents

access to a regional facility. This

exemption is less widespread since,

for example, it maybe more

applicable to certain communities

in rural Alaska.

These exemptions are available to

qualifying small landfills in all states or

tribal jurisdictions, even those without

EPA-approved permitting programs,

providing the state or tribal program

does not restrict the exemption.

Some small landfills

serving small

communities, such

as this one in the

dry, western United

States, may qualify

for exemption from

some of the

requirements.
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Special

restrictions apply

to landfills sited

in floodplains,

indicated here as

the shaded area.

(The exemptions supplement the

flexibility in implementing the

regulations given all communities in

Complying With

the Regulations

states and tribal jurisdictions with

approved programs. See page 6.)

Owners/operators qualifying for

exemptions must show why they

qualify and include the documenting

information in their operating records.

Owners/operators are also required to

comply with all other MSWLF

regulations, including the location,

operation, closure and post-closure, and

financial assurance provisions.

If the owner/operator of an exempt

facility learns of ground-water

contamination at the site, the exemption

is no longer applicable and the owner/

operator must comply with the

requirements for design, ground-water

monitoring, and corrective action.

T

he regulations describe six

1)

2)

3)

4)

5)

6)

categories of criteria for

municipal solid waste landfills:

Location

Operation

Design

Ground-water monitoring and

corrective action

Closure and post-closure care

Financial assurance

Owners/operators are responsible for

reviewing the criteria to determine

which of the provisions apply to their

landfill(s). (Owners/operators should

refer to EPA's Technical Manual for Solid
9

Waste Disposal Facility Criteria for

details.) They should also bear in mind

that state or tribal programs might

include provisions that do not mirror

the federal provisions discussed below.

Owners/operators are therefore

encouraged to work with their state and

tribal regulators in complying with the

regulations.

Location

There are six location restrictions that

apply to municipal landfills. Owners/

operators must demonstrate that their

units meet the criteria and keep the

demonstration documents in the facility

operating record.

If an owner/operator cannot show

compliance with the airport safety,

floodplain, or unstable-area provisions,

the unit must be closed by October 9,

1996. However, states and tribes with

EPA-approved programs can extend

this deadline by as much as two years

when no alternative waste management

capacity exists and there is no

immediate threat to human health and

the environment.

Restricted areas

include:

1. Airports

The owner/operator

of a municipal

landfill located

within 10,000 feet of

the end of any

airport runway used

by turbojet aircraft,

or within 5,000 feet of

any airport runway

used only by pistontype aircraft, must

demonstrate that the

unit does not pose a

bird hazard.

Location Criteria Summary

Location Applicability Closure

If Demonstration

Cannot Be Met?

Airport Safety N,E,L Yes

Floodplains N,E,L Yes

Wetlands N,L No

Fault Areas N,L No

Seismic Impact N,L No

Zones

Unstable Areas N,E,L Yes

*(N=New,E=Existing,L=Lateral Expansion)

If an owner/operator plans to build a

new unit or laterally expand an existing

unit within 5 miles of any airport, the

airport and the Federal Aviation

Administration must be notified.

2. Floodplains

Units located in 100-year floodplains

cannot restrict the flow of the 100-year

flood, reduce the temporary water

storage capacity of the floodplain, or

allow the washout of solid waste.

ThIeregulations

impose special

requirements on

landfills near airports

to prevent

compromises to air

traffic safety.
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Landfills may not

be built in unstable

areas prone to

landslides, mudslides, or sinkholes,

such as the one

shown here.

3. Wetlands

In general, owners/operators of new or

expanding municipal landfills may not

build or expand in wetlands. However,

states or tribes with EPA-approved

permitting programs can make

exceptions for units able to show:

● No siting alternative is available.

● Construction and operation will

not (1) violate applicable state/

tribal regulations on water quality

or toxic effluent; (2) jeopardize any

endangered or threatened species

or critical habitats; or (3) violate

protection of a marine sanctuary.

● The unit will not cause or

contribute to significant

degradation of wetlands.

● Steps have been taken to achieve no

net loss of wetlands by avoiding

effects where possible, minimizing

unavoidable impacts, or making

proper compensation (e.g.,

restoring damaged wetlands or

creating man-made wetlands).

4. Fault areas

New units or lateral expansions are

generally prohibited within 200 feet of

fault areas that have shifted since the

last Ice Age. However, the director of an

approved state or tribal program may

allow an alternative setback distance of

less than 200 feet if the owner/operator

can show that the unit will maintain

structural integrity in the event of a fault

displacement.

5. Seismic impact zones

When anew or laterally expanding unit

is located in a seismic impact zone, its

containment structures (liners, leachate

collection systems, surface-water control

systems) must be designed to resist the

effects of ground motion due to

earthquakes.
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6. Unstable areas

All owners/operators must show that

the structure of their units will not be

compromised during “destabilizing

events,” including:

Debris flows resulting from heavy

rainfall.

● Fast-forming sinkholes caused by

excessive ground-water

withdrawal.

● Rockfalls set off by explosives or

sonic booms.

● The sudden liquification of the soil

after a long period of repeated

wetting and drying.

Operation

All owners/operators must comply

with the requirements for proper

management of municipal solid waste

landfills. These cover a-range of

procedures, including

1. Receipt of regulated hazardous waste

The owner/operator must set up a

program to detect and prevent disposal

of regulated quantities of hazardous

wastes and polychlorinated biphenyl

(PCB) wastes. The program must

include procedures for random

inspections, record keeping, training of

personnel to recognize hazardous and

PCB wastes, and notification of the

appropriate authorities if such waste is

discovered at the facility.

2. Cover material

The owner/operator must cover

disposed solid waste with at least 6

inches of earthen material at the end of

each operating day to control vectors,

fires, odors; blowing litter, and

scavenging. An approved state or tribe

may allow an owner/operator to use an

alternative cover material or depth,

and/or grant a temporary waiver of the

cover requirement (if local climate

conditions make such a requirement

impractical).

3. Vectors

The owner/operator is responsible for

controlling vector populations. Vectors

include any rodents, flies, mosquitoes,

or other animals or insects capable of

transmitting disease to humans.

Application of cover at the end of each

operating day generally controls vectors.

4. Explosive gases

The owner/operator must set up a

program to check for methane gas

emissions at least every three months. If

the limits specified in the regulations are

exceeded, the owner/operator must

immediately notify the state/tribal

director (that is, the official in the state or

area responsible for implementing the

landfill criteria) and take immediate

steps to protect human health and the

environment. The owner/operator also

must develop and implement a

remediation plan within 60 days. States

and tribal jurisdictions with approved

programs may alter this interval.

5. Air quality

Open burning of waste is not permitted

except for infrequent burning of

agricultural waste, silvicultural waste,

land-clearing debris, diseased trees, or

debris from emergency clean-up

operations. Owners/operators must

comply with the applicable

requirements of their State

Implementation Plans for meeting

federal air quality standards.

6. Access

The owner/operator must control

public access to prevent illegal

dumping, unauthorized vehicular

traffic, and public exposure. Artificial

and/or natural barriers may be used to

control access.
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Owners and

operaters must

ensure that each

day‘s waste is

covered to control

litter and diseasebearing vermin.

7. Storm water run-on/run-off

The owner/operator must build and

maintain a control system designed to

prevent storm waters from running on

to the active part of the landfill. The

run-on control system must be able to

handle water flows as heavy as those

expected from the worst storm the area

might undergo in 25 years.

The owner/operator also must build

and maintain a surface water run-off

control system that can collect and

control, at a minimum, the surface water

volume that results from a 24-hour, 25-

year storm. Run-off waters must be

managed according to the requirements

of the Clean Water Act, particularly with

regard to the restrictions on the

discharge of pollutants into water

bodies and wetlands.

8. Surface water protection

All landfills must be operated in a way

that ensures they do not release

pollutants that violate the Clean Water

Act, which protects surface waters.

9. Liquids

A landfill cannot accept bulk or

noncontainerized liquid waste unless (1)

the waste is nonseptic household waste,

or (2) it is leachate or gas condensate

that is recirculated to the landfill, and

the unit is equipped with a composite

liner and leachate collection system as

described below under “Design.”

Containers of liquid waste maybe

placed in the landfill only if the

containers: (1) are similar in size to those

typically found in household waste,

such as cleaning, automotive, or homeimprovement products (i.e., containers

such as 55-gallon drums are excluded);

(2) are designed to hold liquids for use

other than storage; or (3) hold only

household waste (containers collected in

routine pickups from households).

10. Record-keeping

Owners/operators are required to keep

certain documents in or near the facility,

including

● Location restriction

demonstrations.

● Procedures for excluding

hazardous waste.

● Gas monitoring results.

● Leachate or gas condensate system

design documentation.
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● Ground-water monitoring and

corrective action data and

demonstrations.

● Closure and post-closure plans.

● Cost estimates and financial

assurance documentation.

Design

The criteria for landfill design apply

only to new units and lateral

expansions. (Existing units are not

required to retrofit liner systems.) The

criteria give owners/operators two basic

design options.

First, in states and tribal areas with EPAapproved programs, owners/operators

may build their landfills to comply with

a design approved by the state/tribal

director. In approving the design, the

director must ensure that it meets the

EPA performance standard, i.e., that

Maximum Contaminant Levels (MCLs)

will not be exceeded in the uppermost

aquifer at a “relevant point of

compliance.” This point is determined

by the approved-state/tribal director,

but it must be no farther than 150 meters

from the landfill unit boundary and on

land owned by the landfill owner. (EPA

has already set MCLs for a number of

solid waste constituents; see table.)

In reviewing these performance-based

designs, approved states and tribes also

must consider other factors, such as the

hydrogeologic characteristics of the

facility and surrounding land, the local

climate, and the amount and nature of

the leachate.

The second option is a design developed

by EPA that consists of a composite liner

and a leachate collection system. In

general, landfills in states or tribal

jurisdictions without EPA-approved

programs must use this design. The

composite liner system combines an

upper liner of a synthetic flexible

Maximum Contaminant Levels

(as of October 9, 1991)

Chemical MCL (mg/1)

Arsenic 0.05

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 4

Lindane 0.004

Lead 0.05

Mercury 0.002

Methoxychlor 0.1

Nitrate 10

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

membrane and a lower layer of soil at

least 2 feet thick with a hydraulic

conductivity of no greater than 1 X 10-7

cm/sec. The leachate collection system

must be designed to keep the depth of

the leachate over the liner to less than 30

centimeters.

The criteria also provide an option for

owners/operators in nonapproved

states or tribal jurisdictions to use the

performance standard (rather than the

EPA design described above), providing

that both of the following conditions are

met:

EPA does not promulgate a State/

Tribal Implementation Rule by

October 9,1993.

● The state or tribe determines that

the alternative design meets the
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Performance of a

landfill cover must

meet certain federal

minimum criteria.

performance standard in the

federal criteria; the state or tribe

petitions EPA to review this determination; and EPA does not deny

the determination within 30 days.

Ground-Water Monitoring

and Corrective Action

This section sets criteria for groundwater monitoring systems, programs for

sampling and analysis of ground water,

and corrective action as necessary to

ensure that human health and the

environment are protected. Here, as

with the other provisions in the federal

criteria, approved states and tribes may

adopt programs with requirements that

are more stringent than the federal

criteria. Again, owners/operators are

encouraged to work closely with their

states or tribes.

Ground-water monitoring systems

Generally, ground-water monitoring

must be conducted at all MSWLF units.

Owners/operators must install enough

ground-water monitoring wells in the

appropriate places to accurately assess

the quality of the uppermost aquifer (1)

beneath the landfill before it has passed

the landfill boundary (to determine

background quality) and (2) at a

relevant point of compliance (downgradient). Owners/operators should

consider the specific characteristics of

the sites when establishing their

monitoring systems, but the systems

must be certified as adequate by a

qualified ground-water scientist or the

director of an EPA-approved state/

tribal program.

In approved states and tribal jurisdictions, an owner/operator maybe able to

obtain a variance from the ground-water

monitoring requirements if the owner/

operator can demonstrate that the

landfill is located over a geologic

structure that will prevent hazardous

constituent migration to the ground

water. The demonstration must show

that no migration of constituents from

the unit will occur during the unit’s life,

including the closure and post-closure

care period.
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Detection and assessment monitoring

programs

States and tribes with EPA-approved

programs have the flexibility to design

ground-water monitoring programs that

are well-suited to the landfills operating

in their area, and that may therefore

differ from the federal program. In

states/tribes without an approved

permit program, owners/operators

must follow the federal regulations

describing detection and assessment

monitoring.

During detection monitoring, owners/

operators must take ground-water

samples and analyze them for specific

constituents (as defined in the federal

regulations or by the director of an

approved state/tribal program). Under

the federal regulations, sampling and

analysis must be conducted at least

twice a year. Approved state/tribal

programs may set alternative

frequencies, but sampling and analysis

must be done at least annually. If

significant ground-water contamination

is detected, owners/operators may seek

to demonstrate that the results are due

to contamination from other sources,

sampling error, or natural variation in

ground-water quality. Otherwise,

owners/operators must notify the

appropriate state/tribal official and

begin assessment monitoring.

The purpose of assessment monitoring

is to determine the nature and extent of

ground-water contamination. During

assessment monitoring, ground-water

must be analyzed both for constituents

detected initially and for other

constituents (defined in the federal

criteria or by the director of an approved

state/tribal program). States and tribes

with EPA-approved programs specify

the frequency for sampling and analysis

conducted during assessment

monitoring. In nonapproved states and

tribes, the frequency is specified in the

ScheduIefor Implementing

Ground-WaterMonitoring

An EPA-approved state or tribe can set its own

schedule, provided at least 50 percent of all the state’s or

tribe’s units comply by October 9,1994, and all are in

compliance by October 9,1996.

If a state or tribe has not been approved by EPA,

owners/operators must comply with the following

schedule for installing ground-water monitoring

systems:

. If a site is less than 1 mile in any direction from a

drinking water intake (whether surface or groundwater), by October 9,1994.

● If the site is farther than 1 mile but less than 2

miles, by October 9,1995.

. If the site is more than 2 miles, by October 9, 1996.

New units must install monitoring systems prior to

accepting any waste.

federal regulations. As in detection

monitoring, if ground-water analysis

shows significant contamination,

owners/operators might be able to

make the determination that the landfill

is not the source of the contamination. If

the owner/operator cannot make this

determination, then the ground water

must be cleaned up (see “Corrective

Action” below). In EPA-approved states

and tribes, it must be cleaned up to

levels specified by the state/tribal

director; in nonapproved states and

tribes, contamination must not exceed

federal limits set for drinking water

quality or background levels.

The federal ground-water monitoring

requirements are more complex and

technical than described here. A

thorough explanation of the regulations

can be found in EPA's Technical Manual

for Solid Waste Disposal Facility Criteria.
16

Some owners/operators

may choose to install

leachate collection

systemsr such as the one

shown here. These

systems are designed to

collect any fluids that

seep down through the

landfill. The fluids can

be recycled in the

landfill or treated for

disposal elsewhere.

Ground-water monitoring regulations in

states and tribes with EPA-approved

programs may differ somewhat from

the federal regulations. Landfill

owners/operators conducting groundwater monitoring in nonapproved states

and tribes must comply with the federal

regulations in addition to their state’s or

tribe’s regulations. In all cases, the

owner/operator is encouraged to work

with his or her state or tribe to ensure

compliance with all applicable

regulations.

The corrective action program

Cleaning up ground water requires

corrective action. The owner/operator

must assess corrective measures and

select the appropriate one(s). During

corrective action, the owner/operator

must continue ground-water

monitoring in accordance with the

assessment monitoring program.

While evaluating potential remedies, the

owner/operator must hold a public

meeting to discuss them. Once the

remedy has been selected, the owner/

operator is responsible for carrying it

out. During this period, a ground-water

monitoring program must be

established to measure the effectiveness

of the remedy. The owner/operator

must continue corrective action until

compliance with the clean-up standard

has been met for three consecutive

years, although the director of an

approved state or tribal program may

specify a different period.

Closure and Post-Closure

Care

The criteria establish specific standards

for all owners/operators to follow when

closing a landfill and setting up a

program of monitoring and

maintenance during the post-closure

period. The owner/operator must enter

the closure and post-closure plans into

the landfill’s operating records by

October 9,1993, or by the initial receipt

of waste, whichever is later.

Owners/operators of landfills that stop

receiving waste between October 9,

1991, and October 9,1993, must install

final covers that meet the federal criteria

within six months of the last receipt of

waste. Here again, owners/operators

should work with their state or tribal

program officials to ensure that all

applicable closure requirements are

considered.
17

The final cover must be designed and

constructed to have a permeability less

than or equal to the bottom liner system

or natural subsoils, or a permeability no

greater than 1X10-5 cm/see, whichever is

lower. Thus, the regulation is in the

form of a performance standard that

must be achieved by the owner/

operator.

The final cover must be constructed of

an infiltration layer composed of a

minimum of 18 inches of earthen

material to minimize the flow of water

into the closed landfill. The cover must

also contain an erosion layer to prevent

the disintegration of the cover. The

erosion layer must be composed of a

minimum of 6 inches of earthen material

capable of sustaining plant growth.

When a landfill’s bottom liner system

includes a flexible membrane or

synthetic liner, the addition of a flexible

liner in the infiltration layer cover will

generally be the only design that will

allow the final cover design to achieve a

permeability less than or equal to the

bottom liner.

The director of an approved state or

tribe may approve an alternative final

cover design that achieves an

equivalent reduction in infiltration

and protection from erosion as the

design described above.

For 30 years after closure, the owner/

operator is responsible for maintaining

the integrity of the final cover, monitoring ground water and methane gas, and

continuing leachate management.

(Approved states/tribes may vary this

interval.)

Financial Assurance

All units except those owned or

operated by state or federal government entities must comply with the

financial assurance criteria, which are

Closing a Landfill — and Beyond

Owners/operators must follow certain

procedures when closing a municipal landfill,

including the following

The state or tribe must be notified prior to closure.

A closure plan must be prepared.

The final cover must consist of at least 18 inches of

earthen material of a specified permeability, with

an erosion layer at least 6 inches thick. (An

approved state/ tribe may allow an alternative

cover design.)

An independent certified engineer must certify that

closure was conducted in accordance with the

plan.

The deed of property must note that the property

was used as a landfill and that future use is

restricted.

For 30 years following closure (or an alternative

period designated by an approved state or tribe),

owners/operators are responsible for maintaining the

integrity of the final cover, continuing to monitor

ground water and methane, and continuing leachate

management.

effective April 9, 1994.

The owner/operator must demonstrate

financial responsibility for the costs of

closure, post-closure care, and corrective

action for known releases. This requirement can be satisfied by the following

mechanisms:

Trust fund with a pay-in period.

Surety bond.

Letter of credit.

Insurance.

Guarantee.

State assumption of responsibility.

Multiple mechanisms (a combination of those listed above).
...tribal program officials and their regional EPA office to address questions about the requirements.

Owners/operators of landfills in

approved states or tribal jurisdictions

may also use other state-approved

mechanisms.

EPA is currently developing provisions

for four additional financial mechanisms

that owners/operators can use to satisfy

the financial assurance requirements: (1)

a financial test for local government

owners/operators; (2) a financial test for

corporate owners/operators; (3) a

guarantee for local governments that

wish to cover the costs of a municipal

landfill for an owner/operator; and (4) a

guarantee for corporations that wish to

cover the costs of

a landfill for an

owner/operator.

Conclusion

T

he standards described in this

booklet are federal minimum

requirements for owners/

operators of MSWLF units. Readers

should understand that the regulation of

municipal landfills is, and will continue

to be, primarily a state and tribal

function. States and tribes are therefore

urged to revise their programs as soon

as possible to incorporate these criteria,

so that they can take advantage of the

flexibility that accompanies program

approval.

Owners/operators are again reminded

that state and tribal programs may be

more stringent than the federal criteria.

They should work closely with state or
6

Areas of Flexibility for EPA-Approved States and Tribes

States and tribes with approved permitting programs have the opportunity to provide owners/

operators additional flexibility. Some examples of this flexibility are listed below.

Approved states or tribes may:

Location:

Allow siting of new and laterally Approve an alternative frequency for

expanding landfills in wetlands, providing detection monitoring.

certain conditions are met. Modify list of assessment monitoring

Extend deadlines for closure of existing parameters (Appendix II constituents),

landfills that do not comply with the Specify alternative frequencies for ,

unstable area, floodplain, and airport safety

provisions.

assessment monitoring.

Establish Ground-water Protection

Operation:

Standards for any constituent for which a

Maximum Contaminant Level has not been

● Allow use of alternative cover materials. established.

Grant temporary waivers of cover

requirement.

Corrective action:

● Determine that cleanup of a particular

Design: Appendix II constituent is not necessary.

Approve landfill designs appropriate for Specify an alternative time period defining

site-specific conditions. the end of corrective action.

Ground-water monitoring: Closure and post-closure care:

Establish alternative schedules for existing

landfills and lateral expansions of existing

Approve use of an alternative final cover.

landfills to comply with ground-water Grant extensions beyond specified

monitoring. deadline for beginning closure activities.

Establish a site-appropriate boundary (or Grant extensions beyond specified

relevant point of compliance) for ground- deadline for completing closure.

water monitoring (and corrective action Reduce or increase the 30-year post-closure

and design). care period.

● Allow use of a multi-unit ground-water

monitoring system, instead of separate

monitoring systems for each unit at a

Financial assurance:

facility. Approve use of alternative financial

assurance mechanisms.

● Modify list of detection monitoring

parameters (Appendix I constituents).
19

For More Information

F

or more information about specific requirements for solid waste landfills in

your area, contact your state solid waste agency. If you don’t know how to

reach them, call one of the resources listed below. The RCRA Hotline

maintains current lists of all state solid and hazardous waste management officials.

While these information centers are the best place to start collecting information, it

may still be useful to ask these contacts if some other source maybe able to give you

additional help.

RCRA Hotline

Provides information about RCRA regulations and policies, and takes document requests.

Hours: Monday-Fndayr 8:30 a.m. to 730 p.m., EST

Telephone: Toll-free — (800) 424-9346

TDD (hearing impaired) — (800) 553-7672

Washington metro area — (703) 412-9810

TDD — (703) 412-3323

EPA RCRA Information Center (Docket)

Maintains and tracks policy and guidance documents; provides nontechnical assistance and

written reference services; develops and disseminates public information materials.

Hours Monday-Friday, 9:00 a.m. to 4:00 p.m., EST

Telephone (202) 260-9327

Address: RCRA Information Center

U.S. Environmental Protection Agency

401 M Street, SW. (OS-305)

Washington, DC 20460

Solid Waste Assistance Program

Collects and distributes information on all aspects of municipal solid waste management.

Hours: Monday-Friday, 8:30 a.m. to 5:00 p.m., EST

Telephone Toll-free — (800) 677-9424

Address: Solid Waste Assistance Program

P.O. Box 7219

Silver Spring, MD 20910

National Response Center

Accepts reports of oil and chemical spills or any other environmental incident.

Hours: 24 hours a day, 365 days a year.

Telephone: Toll-free — (800) 424-2675

Washington metro area — (202) 426-2675

EPA Small Business Ombudsman

Helps small businesses comply with environmental laws and EPA regulations.

Hours Monday-Friday, 8:30 a.m. to 5:00 p.m., EST

Telephone Toll-free — (800) 368-5888

Washington metro area — (703) 305-5938
20

EPA Regional Contacts

U.S. EPA Region 1

Waste Management

Division (HEE-CAN 6)

JFK Federal Building

Boston, MA 02203

(617) 573-9656

U.S. EPA Region 2

Air & Waste Management

Division (2AWM-SW)

26 Federal Plaza

New York, NY 10278

(212) 264-0002

U.S. EPA Region 3

RCRA Solid Waste

Program (3HW53)

841 Chestnut Street

Philadelphia, PA 19107

(215) 597-7936

U.S. EPA Region 4

Waste Management

Division

(4WD-RCRA-FF)

345 Courtland Street, NE

Atlanta, GA 30365

(404) 347-2091

U.S. EPA Region 5

Waste Management

Division (H-7J)

77 West Jackson Blvd.

Chicago, IL 60604

(312) 353-4686

U.S. EPA Region 6

RCRA Programs Branch

First Interstate Bank

Tower

1445 Ross Avenue,

Suite 1200

Dallas, TX 75202

(214) 655-6655

U.S. EPA Region 7 U.S. EPA Region 10

Waste Management Hazardous Waste Division

Division (HW-114)

726 Minnesota Avenue 1200 Sixth Avenue

Kansas City, KS 66101 Seattle, WA 98101

(913) 551-7666 (206) 553-2857

U.S. EPA Region 8

Hazardous Waste

Management Branch

(HWM-WM)

999 18th Street, Suite 500

Denver, CO 80202-2466

(303) 293-1661

EPA Region 9

Hazardous Waste

Management

Division (H-3-1)

75 Hawthorne Street

San Francisco, CA 94105

(415) 744-2074

U.S. GOVERNMENT PRINTING OFFICE: 1993 719-116/61149
The information in this document has been

funded wholly or in part by the United

States Environmental Protection Agency

(EPA) under assistance agreement

#X820495-0l-0 to the Solid Waste

Association of North America. It has been

subjected to the Agency’s peer and

administrative review and has been

approved for publication as an EPA

document. Mention of trade names or

commercial products does not constitute

endorsement or recommendation for use.