Alabama Administrative Code › Title 335 - ALABAMA DEPARTMENT OF ENVIRONMENTAL MANAGEMENT › LAND DIVISION - HAZARDOUS WASTE PROGRAM › Chapter 335-14-6 - INTERIM STATUS STANDARDS FOR OWNERS AND OPERATORS OF HAZARDOUS WASTE TREATMENT, STORAGE, AND DISPOSAL FACILITIES › Section 335-14-6-.11 - Surface Impoundments

Current through Register Vol. 42, No. 9, June 28, 2024
(1)
Applicability
. The requirements of
				335-14-6-.11 apply to owners and
				operators of facilities that use surface impoundments to treat, store, or
				dispose of hazardous waste except as
				335-14-6-.01(1)
				provides otherwise.
(2)
Design and operating requirements
.
(a) The owner or operator of each new surface
				impoundment unit, each lateral expansion of a surface impoundment unit, and
				each replacement of an existing surface impoundment unit, must install two or
				more liners and a leachate collection and removal system above and between the
				liners, and operate the leachate collection and removal system, in accordance
				with 335-14-5-.11(2)(c),
				unless exempted under
				335-14-5-.11(2)(d), (e), or
				(f).
(b) The owner or operator of each unit
				referred to in
				335-14-6-.11(2)(a)
				must notify the Department at least sixty days prior to receiving waste. The
				owner or operator of each facility submitting notice must file a Part B
				application within six months of the receipt of such notice.
(c) The owner or operator of any replacement
				surface impoundment unit is exempt from
				335-14-6-.11(2)(a)
				if:
1. The existing unit was constructed in
				accordance with the design standards of Sections 3004(o)(1)(A)(i) and (o)(5) of
				the Resource Conservation and Recovery Act and the AHWMMA; and
2. There is no reason to believe that the
				liner is not functioning as designed.
(d) The double liner requirement set forth in
				335-14-6-.11(2)(a)
				may be waived by the Department for any monofill if:
1. The monofill contains only hazardous
				wastes from foundry furnace emission controls or metal casting molding sand,
				and such wastes do not contain constituents which would render the wastes
				hazardous for reasons other than the EP toxicity characteristics in
				335-14-2-.03(5);
2.
(i)
(I) The monofill has at least one liner for
				which there is no evidence that such liner is leaking. For the purposes of
				335-14-6-.11(2)
				the term "liner" means a liner designed, constructed, installed, and operated
				to prevent hazardous waste from passing into the liner at any time during the
				active life of the facility, or a liner designed, constructed, installed, and
				operated to prevent hazardous waste from migrating beyond the liner to adjacent
				subsurface soil, groundwater, or surface water at any time during the active
				life of the facility. In the case of any surface impoundment which has been
				exempted from the requirements of
				335-14-6-.11(2)(a)
				on the basis of a liner designed, constructed, installed, and operated to
				prevent hazardous waste from passing beyond the liner at the closure of such
				impoundment the owner or operator must remove or decontaminate all waste
				residues, all contaminated liner material, and contaminated soil to the extent
				practicable. If all contaminated soil is not removed or decontaminated, the
				owner or operator of such impoundment must comply with appropriate post-closure
				requirements, including but not limited to groundwater monitoring and
				corrective action:
(II) The
				monofill is located more than one-quarter mile from an "underground source of
				drinking water" (as that term is defined in
				335-14-1-.02); and
(III) The monofill is in compliance with
				generally applicable groundwater monitoring requirements for facilities with
				permits under Division 335-14; or
(ii) The owner or operator demonstrates that
				the monofill is located, designed, and operated so as to assure that there will
				be no migration of any hazardous constituent into groundwater or surface water
				at any future time.
(e) In the case of any unit which the liner
				and leachate collection system has been installed pursuant to the requirements
				of 335-14-6-.11(2)(a)
				and in good faith compliance with
				335-14-6-.11(2)(a)
				and with guidance documents governing liners and leachate collection systems
				under 335-14-6-.11(2)(a),
				no liner or leachate collection system which is different from that which was
				so installed pursuant to
				335-14-6-.11(2)(a)
				will be required for such unit by the Department when issuing the first permit
				to such facility, except that the Department will not be precluded from
				requiring installation of a new liner when the Department has reason to believe
				that any liner installed pursuant to the requirements of
				335-14-6-.11(2)(a)
				is leaking.
(f) A surface
				impoundment must maintain enough freeboard to prevent any overtopping of the
				dike by overfilling, wave action or a storm. Except as provided in
				335-14-6-.11(2)(b),
				there must be at least 60 centimeters (two feet) of freeboard.
(g) A freeboard level less than 60
				centimeters (two feet) may be maintained if the owner or operator obtains
				certification by a qualified professional engineer that alternate design
				features or operating plans will, to the best of his knowledge and opinion,
				prevent overtopping of the dike. The certification, along with a written
				identification of alternate design features or operating plans preventing
				overtopping must be maintained at the facility.
(h) Surface impoundments that are newly
				subject to
				335-14-6-.11 due to the
				promulgation of additional listings or characteristics for the identification
				of hazardous waste must be in compliance with
				335-14-6-.11(2)(a), (c), and
				(d) not later than 48 months after the
				promulgation of the additional listing or characteristic. This compliance
				period shall not be cut short as the result of the promulgation of land
				disposal prohibitions under 335-14-9 or the granting of an extension to the
				effective date of a prohibition pursuant to Rule
				335-14-9-.01(5),
				within this 48-month period.