reglab/statecodes huggingface dataset:
Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 19.000 - Solid Waste Management › Part II - LANDFILL DESIGN AND OPERATIONAL STANDARDS › Section 19.110 - Ground Water Protection Systems

Current through Register 1525, July 5, 2024
(1)
General Performance Standard
. Landfills shall contain
				and collect leachate and minimize the migration of leachate out of the landfill
				into the underlying ground water to the maximum practicable extent and prevent
				the pollution of ground water during the active life of the facility and the
				closure and post- closure periods.
(2)
General Design
				Standards
. Landfill ground water protection systems shall:
(a) be constructed of materials that are
				compatible with the leachate and gases expected to be generated within the
				landfill;
(b) be constructed with a
				system to collect and contain leachate prior to treatment and/or
				disposal;
(c) provide coverage of
				all areas to be filled with solid waste and all base perimeters likely to be in
				contact with leachate;
(d) have a
				minimum slope of 2% over the entire ground water protection system;
(e) be constructed so that the slope of the
				liner provides positive drainage to those locations along the perimeter of the
				landfill where the collection and removal is achieved;
(f) be constructed such that any liner, where
				the slope of the liner will be less steep than four horizontal to one vertical
				(4:1) runs at least five feet (vertically) or to the top of side slopes or
				berms if applicable;
(g) be capable
				of withstanding the physical and mechanical stresses associated with the site
				and landfill development, operation and maintenance activities.
(h) be sufficiently strong and stable enough
				to withstand the static and seismic loads at the site under all expected
				operating conditions; and
(i) be
				designed with a factor of safety (FS) appropriate for the structure and
				situation being evaluated. All factors of safety shall be identified and
				justified.
Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 19.000 - Solid Waste Management › Part II - LANDFILL DESIGN AND OPERATIONAL STANDARDS › Section 19.111 - Alternative Ground Water Protection System Design

Current through Register 1525, July 5, 2024
Landfill ground water protection systems designed using
				  materials, technologies or methodologies other than those expressly provided
				  for under
				  310 CMR
				  19.110:
Ground Water Protection
				  Systems
, may be permitted by the Department provided the proponent
				  affirmatively demonstrates to the Department's satisfaction that the
				  alternative ground water protection system design meets the standards
				  established under
				  310 CMR
				  19.105:
Equivalency Review Standards
				  and Procedures
.
Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 19.000 - Solid Waste Management › Part II - LANDFILL DESIGN AND OPERATIONAL STANDARDS › Section 19.112 - Landfill Final Cover Systems

Current through Register 1525, July 5, 2024
(1)
General Performance Standards
. The final cover system
				shall:
(a) minimize the percolation of water
				through the final cover system into the landfill to the greatest extent
				practicable;
(b) promote proper
				drainage of precipitation ;
(c)
				minimize erosion of the final cover;
(d) facilitate the venting and control of
				landfill gas;
(e) ensure isolation
				of landfill wastes from the environment; and
(f) accommodate settling and subsidence of
				the landfill such that the above performance standards will continue to be
				met.
Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 19.000 - Solid Waste Management › Part II - LANDFILL DESIGN AND OPERATIONAL STANDARDS › Section 19.113 - Alternative Landfill Final Cover System Design

Current through Register 1525, July 5, 2024
Landfill final cover systems designed using components,
				  materials, technologies or methodologies other than those expressly provided
				  for under
				  310 CMR
				  19.112:
Landfill Final Cover
				  Systems
, may be approved by the Department provided that either the
				  proponent affirmatively demonstrates to the Department's satisfaction that the
				  alternative final cover system design meets the standards established under
				  310 CMR
				  19.105:
Equivalency Review Standards
				  and Procedures
, or, as a result of a site-specific assessment,
				  performed pursuant to
				  310 CMR
				  19.150:
Landfill Assessment
				  Requirements
, the Department determines that an alternative design
				  would adequately protect public health, safety and the environment. The final
				  cover material used in an alternative final cover designed for a landfill that
				  accepted waste after October 9, 1991, shall have a maximum hydraulic
				  conductivity of 1 X 10-5 cm/sec.
Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 19.000 - Solid Waste Management › Part II - LANDFILL DESIGN AND OPERATIONAL STANDARDS › Section 19.114 - Ground Water Protection System and Final Cover Waivers

Current through Register 1525, July 5, 2024
(1)
Applicability
.
				310 CMR 19.114 is not applicable to landfills handling municipal solid wastes
				or solid waste combustion facility ash. The owner or operator of other types of
				landfills may apply for a waiver from one or more of the ground water
				protection system or final cover requirements pursuant to 310 CMR
				19.114(2).
(2)
Waiver
				Criteria
. The Department, upon written request, may waive or
				modify one or more of the ground water protection system or final cover system
				design components specified under
				310 CMR 19.110(4)
				 or
				19.112(3),
				respectively, when the operator satisfies the Department that components of a
				ground water protection system or final cover are not necessary to adequately
				protect ground and surface waters due to the characteristics of solid waste
				disposed in the landfill, the nature of the leachate likely to be produced by
				the landfill and the physical or hydrogeological characteristics of the
				site.
Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 19.000 - Solid Waste Management › Part II - LANDFILL DESIGN AND OPERATIONAL STANDARDS › Section 19.115 - Storm Water Controls

Current through Register 1525, July 5, 2024
(1)
Performance Standard
. Storm water controls shall
				prevent erosion, discharge of pollutants, protect the physical integrity of the
				landfill and be managed according to applicable standards established by the
				Department, including but not limited to, wetlands protection regulations at
				310 CMR
				10.05(6)(b), and the
				Department's Storm Water Policy. For purposes of meeting stormwater standards
				established by the Department, recharge shall be permitted at the landfill only
				where the recharge will not adversely impact the quality of groundwater leaving
				the site. Peak rate attenuation shall be in accordance with that described in
				310 CMR 19.115(2):
Design Standards
, and source controls and
				pollution prevention measures (including design of the landfill) shall be
				implemented to prevent discharge of pollutants. This standard applies to the
				construction, operational and post-operational phases of the
				landfill.
(2)
Design
				Standards
. Storm water controls shall be designed to:
(a) prevent flow onto the active portion of
				the landfill (
i.e
., any area without intermediate or final
				cover) during the peak discharge from a 24 hour, 100-year storm;
(b) control the peak rate of run-off from the
				entire landfill resulting from a 24 hour, 25-year storm; and
(c) control the peak rate of run-off from the
				landfill resulting from a 24 hour, 100-year storm, to the extent practicable,
				if an evaluation of the peak rate of run-off resulting from a 24-hour, 100-year
				storm indicates there will be flooding up or downstream of the site using the
				most recent precipitation atlas approved for use by the United States National
				Weather Service, or their predecessor the U. S. Weather Bureau to determine the
				rainfall depth associated with the 100-year storm (currently Technical
				Paper-40, published May, 1961).
Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 19.000 - Solid Waste Management › Part II - LANDFILL DESIGN AND OPERATIONAL STANDARDS › Section 19.116 - Surface and Ground Water Protection

Current through Register 1525, July 5, 2024
Landfills shall prevent direct discharge of contaminated
				  run-off or leachate from the landfill to any surface water bodies or to ground
				  water, except in accordance with a Massachusetts Surface Water Discharge Permit
				  or Ground Water Discharge Permit issued by the Department pursuant to
				  314 CMR 5.00 or
				  7.00, respectively, and a
				  National Pollution Discharge Elimination System permit issued by the U.S.
				  Environmental Protection Agency.
Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 19.000 - Solid Waste Management › Part II - LANDFILL DESIGN AND OPERATIONAL STANDARDS › Section 19.117 - Air Quality Protection Systems

Current through Register 1525, July 5, 2024
(1)
General Performance Standard
. Landfills shall control
				the concentration levels of explosive and malodorous gases and other air
				pollutants as necessary in order to maintain air quality and to prevent the
				occurrence of nuisance conditions or public health or safety
				problems.
(2)
General
				Design Standard
. Air quality protection systems shall be designed
				to control the concentration of explosive gases to no greater than 25% of the
				Lower Explosive Limit (LEL) at the property boundary at any time, excluding gas
				control or recovery system components or any leachate collection components, or
				10% of the LEL in any building, structure, or underground utility
				conduit.
(3)
Gas
				Vents
. At a minimum, passive gas vents shall be provided at all
				facilities in all areas of the landfill over which final cover has been
				applied.
(a)
Performance
				Standard
. Landfill gas vents shall allow for the movement and
				adequate venting of landfill gases in order to prevent the buildup of explosive
				concentrations of gas and prevent the lateral migration of gases beyond the
				boundaries of the landfill.
(b)
Design Standards
. Landfill gas vents shall be
				designed:
1. to maintain the integrity of the
				low permeability cap at the penetration of the cap;
2. to provide adequate venting of landfill
				gases;
3. with 'T's, goosenecks or
				other equivalent cap at the top of the riser pipe to allow effective
				venting;
4. to allow for
				retrofitting for active gas recovery or treatment at a later time if
				required;
5. to operate without
				clogging; and
6. to remain secure
				from vandalization.
Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 19.000 - Solid Waste Management › Part II - LANDFILL DESIGN AND OPERATIONAL STANDARDS › Section 19.118 - Ground Water, Surface Water and Gas Monitoring Systems

Current through Register 1525, July 5, 2024
(1)
General Performance
				Standard
. Any person conducting landfill activities shall install,
				operate and maintain a ground water monitoring system, surface water monitoring
				system and landfill gas monitoring system capable of detecting and quantifying
				the release of contaminants into the ground, ground water, surface water or the
				air.
(2)
Ground Water
				Monitoring Systems.
(a)
Performance Standard
. A ground water monitoring system
				shall:
1. be capable of yielding
				representative ground water samples for analysis; and
2. consist of a sufficient number of wells
				properly located and screened at appropriate depths to detect the release of
				contaminants from the landfill into the ground water.
Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 19.000 - Solid Waste Management › Part II - LANDFILL DESIGN AND OPERATIONAL STANDARDS › Section 19.119 - Design Requirements for Ash Landfills

Current through Register 1525, July 5, 2024
(1)
Applicability
.
				In addition to the regulations set forth in
				310 CMR 19.100
et seq
., 310 CMR 19.119 shall apply to all new landfills or
				upgrades and expansions of existing landfills, or parts thereof, in which ash
				and/or residues from solid waste combustion facilities burning municipal solid
				wastes are disposed. For the purposes of 310 CMR 19.000, such facilities shall
				be termed "ash landfills".
(2)
Plans for Ash Landfills
. Plans for ash landfills shall
				include all components and be submitted in accordance with the requirements of
				310 CMR
				19.104. In addition to the submittal
				requirements specified in
				310 CMR
				19.104, the plans for an ash landfill shall
				include:
(a) a discussion of how ash will be
				transported to and handled at the landfill, including any ash stabilization
				procedures; and
(b) a description
				of the means by which fugitive emissions of ash will be controlled.
Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 19.000 - Solid Waste Management › Part II - LANDFILL DESIGN AND OPERATIONAL STANDARDS › Section 19.120 - Design Requirements for Woodwaste Landfills

Current through Register 1525, July 5, 2024
(1)
Applicability
.
(a) Landfills that accept only woodwastes, as
				defined herein, may be permitted by the Department using designs, materials,
				technologies or methodologies other than those specified in
				310 CMR
				19.110 and
				19.112,
				provided that the operation of the woodwaste landfill will accept only
				woodwastes and will not present a threat to public health, safety or the
				environment. Specifically, woodwaste landfill applications may include an
				application for a ground water protection system waiver and/or final cover
				waiver as specified in
				310 CMR
				19.114.
(b) The following woodwaste disposal areas
				are exempt from regulation under this part, provided the operation incorporates
				good management practice and is done in a manner to minimize pollution to air,
				water or other natural resources of the Commonwealth:
1. woodwaste disposal areas exempted from
				site assignment pursuant to
				310
				CMR 16.05(5)(d)  (single
				family residence or farm); and
2.
				other woodwaste disposal areas which will contain a total volume of less than
				200 cubic yards.
Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 19.000 - Solid Waste Management › Part II - LANDFILL DESIGN AND OPERATIONAL STANDARDS › Section 19.121 - Landfill Gas Recovery Operations

Current through Register 1525, July 5, 2024
(1)
General
. Landfills conducting gas recovery operations
				shall conduct such operations and monitoring in accordance with 310 CMR 19.121
				and the approved design, operation and maintenance plans and in a manner to
				prevent interference with on-going site activities or other control
				measures.
(2)
Submittal
				of Landfill Gas Recovery Plans
. All persons proposing to construct
				a landfill gas recovery facility shall submit an application for a permit to
				construct and operate that facility pursuant to 310 CMR 19.121. An application
				shall consist of:
(a) a site plan containing
				the information and documentation required at
				310 CMR 19.104(2)(a)
				through (c) and (i);
(b) a design plan consisting of:
1. a description of all machinery, equipment,
				and materials used at the facility, including the equipment's make, model,
				manufacturer, design capacity, and performance data;
2. plan views and cross-sectional views of
				the location and grades of all landfill gas collection lines showing all
				critical elevations of the collection pipe inverts, clean outs, and valves;
				layout of the facility structure including equipment locations and sampling
				locations; on-site drainage structures; and extraction well locations, depth of
				placement and construction materials;
3. a description of how construction of the
				facility's gas recovery extraction wells, piping and other appurtenances will
				ensure the integrity of the final cover system is maintained; and
4. a description of the facility's landfill
				gas condensate collection, storage, and treatment systems. The design capacity
				for these systems must be based on the engineering report's estimate of the
				amount of landfill gas condensate produced.
(c) an operation and maintenance plan
				consisting of the information and documentation required at
				310 CMR 19.104(5)(b)
				through (d) and (f); and
(d) an engineering report consisting of:
1. a description of the operation of the
				facility and how the recovered gas will be used;
2. an estimate of the quantities of
				condensate currently generated or expected to be generated and a description of
				how the condensate will be disposed;
3. an estimate of the cost to properly close
				the gas recovery operation at the end of its useful life;
4. a description of how the landfill gas
				recovery system relates to the landfill's overall gas venting and control
				system;
5. a description of the
				procedures for taking, analyzing, and reporting data from condensate sampling;
				and
6. a contingency plan that
				discusses an organized and planned method of responding to unexpected events
				during the construction and during the operation of a gas recovery
				operation.
Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 19.000 - Solid Waste Management › Part II - LANDFILL DESIGN AND OPERATIONAL STANDARDS › Section 19.130 - Operation and Maintenance Requirements

Current through Register 1525, July 5, 2024
(1)
General
. An operator shall incorporate procedures and
				practices, in accordance with approved plans and permit conditions, such as
				proper sequencing of landfill operations, proper grading of the site, proper
				maintenance of drainage and collection systems, and the application of adequate
				amounts and appropriate types of cover materials, which will prevent pollution
				of ground water, surface water and air quality and prevent nuisance conditions
				from developing.
(2)
Operator Supervision
. The overall care, maintenance
				and management for a landfill shall be under the direction of a qualified
				operator.
(3)
Special
				Wastes
. No solid waste that is a special waste shall be received
				or disposed at any landfill unless the provisions of
				310 CMR 19.061 are
				satisfied and the special waste is managed in accordance with any conditions
				specified by the Department in any approval to manage the special
				waste.
(4)
Banned or
				Restricted Solid Wastes
. Any solid waste which has been banned or
				restricted from disposal pursuant to
				310 CMR 19.017 shall
				be managed at a landfill in accordance with the facility's waste ban compliance
				plan prepared and approved in accordance with
				310 CMR 19.017(5)
				 unless an exception has been granted under
				310 CMR
				19.017(6).
(5)
Hazardous Waste
.
(a) No operator shall dispose of any material
				subject to the Hazardous Waste Regulations, 310 CMR 30.000, at a solid waste
				landfill permitted pursuant to M.G.L. c. 111, § 150A.
(b) The operator shall implement a program,
				approved by the Department, for detection and exclusion of hazardous
				wastes.
(c) The operator shall
				immediately notify the Department and the board of health of the discovery of
				any material subject to 310 CMR 30.000:
Hazardous
				Waste
.
Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 19.000 - Solid Waste Management › Part II - LANDFILL DESIGN AND OPERATIONAL STANDARDS › Section 19.131 - Additional Operation and Maintenance Requirements for Landfills that Accept Ash

Current through Register 1525, July 5, 2024
(1)
General
. In addition to the operation and maintenance
				requirements set forth in
				310 CMR
				19.130, operators of landfills that accept
				ash shall comply with the operation and maintenance requirements set forth in
				310 CMR 19.131.
(2)
Fugitive Emissions
. Ash landfills shall minimize the
				generation of fugitive emissions resulting from the delivery, dumping and
				compacting of ash.
(3)
Ash Moisture Content
. Ash shall be transported and
				delivered to an ash landfill in a damp state, sufficient to prevent emissions
				of fugitive dust during the dumping, spreading, compacting and covering of the
				ash.
(4)
Spreading and
				Compacting of the Ash
.
(a) Ash
				shall not be deposited in an ash landfillfill unless it is completely
				extinguished.
(b) Ash shall be
				evenly spread in layers and thoroughly compacted.
Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 19.000 - Solid Waste Management › Part II - LANDFILL DESIGN AND OPERATIONAL STANDARDS › Section 19.132 - Environmental Monitoring Requirements

Current through Register 1525, July 5, 2024
(1)
General
. The owner or operator shall conduct
				monitoring of surface water, ground water, landfill gas and any other media as
				determined by the Department, including without limitation soil and sediment,
				on a schedule established in the permit or as otherwise required by Department.
				The owner or operator of facility that submits environmental monitoring results
				under the provisions of 310 CMR 19.132 shall ensure that analytical and
				environmental monitoring data submitted to the Department is scientifically
				valid and defensible, and of a level of precision and accuracy commensurate
				with its stated or intended use. Compliance with this performance standard
				includes, but is not limited to:
(a)
				employing procedures and methodologies for the collection and analysis of soil,
				sediment, water (or other liquids), vapor, air, and/or waste samples that
				consist of:
1. methods published by the
				Department, the U.S. Environmental Protection Agency, the American Society for
				Testing and Materials (ASTM), the American Public Health Association (APHA),
				the National Institute for Occupational Safety and Health (NIOSH), the American
				Water Works Association (AWWA), and other organizations with expertise in the
				development of standardized analytical testing methods; or
2. other methods approved by the
				Department.
Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 19.000 - Solid Waste Management › Part II - LANDFILL DESIGN AND OPERATIONAL STANDARDS › Section 19.133 - Maintenance of Environmental Control and Monitoring Systems

Current through Register 1525, July 5, 2024
(1) Landfill environmental control and
				monitoring systems shall be maintained and repaired or replaced as provided for
				in 310 CMR 19.133:
(a) The landfill shall be
				operated in a manner which will protect all environmental control systems as
				approved in the Operation and Maintenance plan and monitoring systems as
				approved in the Operation and Maintenance plan or permit.
(b) The operator shall ensure the regular
				maintenance of all landfill environmental control systems as approved in the
				Operation and Maintenance plan or permit.
(c) The operator shall notify the Department
				of the existence of damaged or destroyed environmental control systems or
				monitoring devices and the extent of the damage. The operator shall submit such
				notification, in writing, within 14 days of discovery and shall provide a
				schedule for repair or replacement for approval by the Department. Repair or
				replacement of monitoring devices shall be completed prior to the next
				scheduled sampling round.
(d)
				Surface water, ground water and gas monitoring locations shall be maintained so
				as to meet the requirements set forth in
				310 CMR
				19.118.
(e) The operator shall notify the Department
				of the existence of a damaged or destroyed surface water sampling location
				marker and the extent of the damage. The operator shall submit such
				notification, in writing, within 14 days of discovery and shall provide for
				repair or replacement of the location marker prior to the next scheduled
				sampling round.
Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 19.000 - Solid Waste Management › Part II - LANDFILL DESIGN AND OPERATIONAL STANDARDS › Section 19.140 - Landfill Closure Requirements

Current through Register 1525, July 5, 2024
(1)
General
. Any facility that must stop accepting solid
				waste in accordance with 310 CMR 19.000, any permit, authorization or order
				issued by the Department or a court of competent jurisdiction or under any
				other circumstances shall comply with the requirements of 310 CMR
				19.140.
(2)
Notification of Voluntary Closure
. The owner and/or
				operator shall notify the Department no later than six months prior to the date
				that the facility will stop accepting solid waste.
(3)
Closure
				Assessment
. The owner or operator of a landfill shall initiate an
				assessment in accordance with
				310 CMR
				19.150 prior to landfill closure to determine
				and evaluate the extent of any adverse impact(s) of the landfill on the
				environment as a result of the construction or operation and maintenance of the
				facility and develop a corrective action design in accordance with
				310 CMR
				19.151.
(4)
Preparation and Submittal of
				Final Closure/Post-closure Plans
. The operator shall submit the
				final closure/post-closure plan prior to undertaking any closure construction
				activities. In addition to the information provided in the conceptual
				closure/post-closure plan developed in accordance with
				310 CMR
				19.104(6), the final
				closure/post-closure plan shall include:
(a) a
				report containing the findings of the site assessment required under
				310 CMR
				19.150;
(b) a proposed schedule of remedial or
				corrective actions, as required based on the assessment or other information,
				in accordance with
				310 CMR
				19.150 and
				19.151;
(c) modified design plans, if necessary,
				based upon deviations from the conceptual closure plans and/or the actions
				required under
				310 CMR
				19.150 and
				19.151;
				and
(d) a description and schedule
				of proposed post-closure maintenance, monitoring and assessment activities
				necessary to protect the public health, safety and the environment.
Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 19.000 - Solid Waste Management › Part II - LANDFILL DESIGN AND OPERATIONAL STANDARDS › Section 19.141 - Notice of Landfill Operation

Current through Register 1525, July 5, 2024
Prior to obtaining a determination from the Department that
				  closure of a landfill has been completed or an approval from the Department for
				  a post-closure use of a landfill, the owner or operator of a landfill shall
				  record a notice that a landfill has been operated on a site in the registry of
				  deeds or in the registry section of the land court for the district wherein the
				  landfill lies in accordance with M.G.L. c. 111, § 150A. The notice shall
				  be captioned "Notice of Landfill Operation" and shall contain a title reference
				  citing the source of title of the land on which the facility was constructed
				  (
i.e
., the deed with book and page number if recorded land;
				  probate number if acquired through a probate proceeding; and certificate of
				  title number if registered land). This Notice shall be incorporated either in
				  full or by reference into all future deeds, and any other instrument of
				  transfer, which conveys an interest in and/or a right to use the land on which
				  the facility or a portion thereof, is located. The Notice shall contain the
				  following:
(a) identification of
				record owners of the property;
(b)
				a description of the landfill site, by metes and bounds and by reference to an
				appropriate map or plan to be recorded therewith, signed by a qualified
				professional engineer or a land surveyor, depicting the boundaries of the
				filled area and the location of any and all leachate collection devices, gas
				and ground water monitoring wells associated with the site;
(c) a detailed description of the type and
				extent of the final cap and cover on the landfill;
(d) a description of the nature and duration
				of post-closure maintenance and monitoring requirements for the site and the
				amount and form of the financial assurance requirements pursuant to 310 CMR
				19.000;
(e) reference to the
				Department file number or other Department means for identifying the landfill
				file; and
(f) the following
				statement:
"The premises described herein are subject to the provisions
				  of M.G.L. c. 111, § 150A and 310 CMR 19.000. Said premises shall not be
				  used for any purpose other than as a landfill without the approval of the
				  Department of Environmental Protection. Transfer of the facility requires the
				  transfer of the permit in accordance with
				  310 CMR
				  19.044. The procedure for Department approval
				  for any use other than as a landfill is set forth at
				  310 CMR
				  19.143. Such Department approval of other use
				  is transferable or assignable only upon approval of the
				  Department."
Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 19.000 - Solid Waste Management › Part II - LANDFILL DESIGN AND OPERATIONAL STANDARDS › Section 19.142 - Landfill Post-closure Requirements

Current through Register 1525, July 5, 2024
(1)
General
. The owner, successors or assigns shall
				maintain, care for and monitor the site during the post-closure period in order
				to ensure the integrity of the closure measures and to detect and prevent any
				adverse impacts of the site on public health, safety or the
				environment.
(2)
Post-closure Period
. For the purposes of 310 CMR
				19.142 the post-closure period shall extend for a minimum of a 30 year
				period.
(3)
Post-closure Period Waiver
. The Department may, upon
				request, reduce the post-closure period to less than 30 years if it finds that
				a shorter period will be sufficient to protect public health, safety, and the
				environment. The Department's review will include, but not be limited to, a
				consideration of the quantity and quality of leachate generated by the
				landfill, ground water monitoring results, characteristics of the waste
				disposed, stability of the waste, design of the facility and location of the
				site.
(4)
Post-closure
				Period Extension
. The post-closure period may be extended by the
				Department at any time prior to the time that the post-closure period is due to
				expire where the Department finds an extension is necessary in order to ensure
				protection of public health, safety or the environment or to mitigate adverse
				impacts.
(5)
Post-closure Requirements
. During the post-closure
				period the owner or operator (or successors or assigns thereto) shall perform
				the following activities on any closed portion of the facility:
(a) take corrective actions to remediate
				and/or mitigate conditions that would compromise the integrity and purpose for
				the final cover;
(b) maintain the
				integrity of the liner system and the final cover system;
(c) collect leachate from and monitor and
				maintain leachate collection system(s);
(d) monitor and maintain the environmental
				monitoring systems for surface water, ground water and air quality;
(e) maintain access roads;
(f) maintain landfill gas control
				systems;
(g) protect and maintain
				surveyed benchmarks; and
(h) have
				the landfill inspected by a third-party inspector in accordance with
				310 CMR
				19.018 and such third-party inspection shall
				be conducted in accordance with the frequency and other requirements of
				310 CMR
				19.018, unless more frequent inspections or
				more stringent requirements are contained in the terms of any approval, order
				or other document issued by the Department pursuant to 310 CMR
				19.000.
Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 19.000 - Solid Waste Management › Part II - LANDFILL DESIGN AND OPERATIONAL STANDARDS › Section 19.143 - Post-closure Use of Landfills

Current through Register 1525, July 5, 2024
(1)
Applicability
. Pursuant to M.G.L. c. 111, § 150A
				no site on which a facility was operated shall be used for any other purpose
				without:
(a) a written approval for any
				post-closure use on a landfill's final cover or affecting an appurtenance to a
				landfill, including but not limited to appurtenances required for the
				management of leachate, landfill gas and stormwater; or
(b) a presumptive approval in accordance with
				310 CMR
				19.034 for any other type of post-closure use
				at a landfill facility.
Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 19.000 - Solid Waste Management › Part II - LANDFILL DESIGN AND OPERATIONAL STANDARDS › Section 19.150 - Landfill Assessment Requirements

Current through Register 1525, July 5, 2024
(1)
Applicability
.
(a)
General
. An assessment shall consist of all
				activities, as determined by the Department, required to identify the
				existence, source, nature and extent of pollution or threat of pollution, the
				extent of the adverse impact from any pollution and the feasible cost-effective
				alternatives available to correct or reduce the impacts of pollution. This
				shall include, but is not limited to, the identification and evaluation of all
				potential and actual migration pathways and receptors including the
				determination of exposure point concentrations.
(b)
When an Assessment is
				Required
. A landfill assessment shall be conducted:
1. when required by the Department pursuant
				to
				310 CMR
				19.132(1)(j);
2. when required by the Department pursuant
				to
				310 CMR
				19.132(4)  when explosive
				gases exceed concentrations as specified in
				310 CMR
				19.132(4)(g)  or landfill
				gases present a threat of pollution as specified in
				310 CMR
				19.132(4);
3. where a secondary leachate collection
				system or leak detection system exists at the landfill, the quantity of
				leachate detected in the secondary leachate collection system or leak detection
				system exceeds the design leakage, as specified in
				310 CMR
				19.132(2);
4. prior to final closure of the landfill as
				specified in
				310 CMR
				19.140(3); or
5. such other time as the Department
				determines that a landfill or dumping ground presents a threat to public
				health, safety or the environment.
Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 19.000 - Solid Waste Management › Part II - LANDFILL DESIGN AND OPERATIONAL STANDARDS › Section 19.151 - Corrective Action Requirements

Current through Register 1525, July 5, 2024
(1)
General
. Corrective action shall consist of all
				measures necessary to address existing and potential impacts of the landfill on
				public health, safety and the environment as determined by the corrective
				action alternatives analysis and approved by the Department and to comply with
				the requirements of
				310 CMR
				40.0114.
(2)
Content
.
				Corrective action shall be conducted in two phases:
(a)
Corrective Action
				Design
. In this phase further engineering analyses shall be
				undertaken by the owner or operator to complete the design of the Department's
				approved corrective action alternative. Final design plans and an
				implementation schedule shall be submitted to the Department for
				approval.
(b)
Corrective Action Implementation
. This phase shall
				consist of implementation of the approved corrective action design. This phase
				shall include construction and installation of all components, post-closure
				monitoring and any required operation and maintenance activities.
Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 19.000 - Solid Waste Management › Part III - TRANSFER STATION DESIGN AND OPERATIONS STANDARDS › Section 19.200 - Preamble

Current through Register 1525, July 5, 2024
310 CMR 19.200 through
				  19.207,
				  which follow, establish minimum performance and design standards and operation
				  and maintenance standards for solid waste handling facilities. In combination
				  with
				  310 CMR 19.001 through
				  19.083,
				  these two sets of regulations govern all solid waste management activities at
				  solid waste handling facilities. The procedures for application, approvals,
				  authorizations, and transfers are set forth in 310 CMR 19.000 through
				  19.083.
Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 19.000 - Solid Waste Management › Part III - TRANSFER STATION DESIGN AND OPERATIONS STANDARDS › Section 19.201 - Applicability

Current through Register 1525, July 5, 2024
All handling facilities shall be managed in a manner
				  consistent with
				  310 CMR 19.200 through
				  19.207
				  and the requirements of
				  310 CMR 19.001 through
				  19.083.
				  Facilities and operations exempted from site assignment by the Site Assignment
				  for Solid Waste Facilities regulations,
				  310
				  CMR 16.05:
Applicability
,
				  are exempted from the requirements of
				  310 CMR 19.200 through
				  19.207.
Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 19.000 - Solid Waste Management › Part III - TRANSFER STATION DESIGN AND OPERATIONS STANDARDS › Section 19.202 - Definitions

Current through Register 1525, July 5, 2024
All terms used herein shall have the meanings set forth in
				  310 CMR 19.006 unless
				  the context clearly implies or indicates another meaning.
Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 19.000 - Solid Waste Management › Part III - TRANSFER STATION DESIGN AND OPERATIONS STANDARDS › Section 19.203 - Additional Requirements

Current through Register 1525, July 5, 2024
Nothing in 310 CMR 19.000 shall be construed to limit the
				  Department from determining on a facility or site specific basis that
				  additional design or operation and maintenance components are required where
				  conditions warrant such additional design or operation and maintenance measures
				  to protect public health, safety and the environment or to mitigate potential
				  adverse impacts. When deemed necessary by the Department, in response to
				  conditions that have developed at a facility, the Department may require a
				  facility to monitor air and/or surface or ground water to determine if the
				  conditions present a threat to public health, safety or the environment.
Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 19.000 - Solid Waste Management › Part III - TRANSFER STATION DESIGN AND OPERATIONS STANDARDS › Section 19.205 - Handling Facility Design Requirements

Current through Register 1525, July 5, 2024
(1)
Storm Water Controls.
(a)
Performance
				Standard
. Storm water controls shall prevent erosion, prevent the
				discharge of pollutants, protect the physical integrity of the handling
				facility, and be managed according to applicable standards established by the
				Department including, but not limited to, the wetlands protection regulations
				at
				310 CMR 10.05(6)(b)
				 and the Department's Storm Waster Policy.
				For purposes of meeting the stormwater standards established by the Department,
				recharge shall be permitted at the handling facility only where the recharge
				will not adversely impact the quality of groundwater leaving the site. Peak
				rate attenuation shall be in accordance with that described in 310 CMR
				19.205(1)(b):
Design Standards
, and source controls and
				pollution prevention measures (including design of the handling facility) shall
				be implemented to prevent discharge of pollutants. This standard applies to the
				construction and operational phases of the handling facility.
(b)
Design
				Standards
. Storm water controls shall be designed to:
1. prevent run-on or flow onto the waste or
				material handling or storage areas during the peak discharge from a 24 hour,
				100-year storm;
2. control the peak
				rate of run-off from the handling facility and paved areas of the site
				resulting from a 24 hour, 25-year storm.
3. control the peak rate of run-off from the
				handling facility resulting from a 24 hour, 100-year storm, to the extent
				practicable, if an evaluation of the peak rate of run-off resulting from a
				24-hour, 100-year storm indicates there will be flooding up or downstream of
				the site using the most recent precipitation atlas approved for use by the
				United States National Weather Service, or their predecessor the U.S. Weather
				Bureau, shall be used to determine the rainfall depth associated with the
				100-year storm (currently Technical Paper-40 published May, 1961).
Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 19.000 - Solid Waste Management › Part III - TRANSFER STATION DESIGN AND OPERATIONS STANDARDS › Section 19.206 - Construction and Demolition (C&D) Waste Processing Facilities Requirements

Current through Register 1525, July 5, 2024
(1) All handling
				(unloading, storage, crushing, shredding, chipping, sorting,
etc
.) of C&D waste shall occur indoors unless otherwise
				approved by the Department.
(2) All
				processed C&D waste and recovered or recyclable materials shall be stored
				in a manner appropriate for that material to protect the public health, safety
				and the environment. In general all processed C&D wastes
				(
i.e
. C&D fires), but not necessarily recovered or
				recyclable materials, shall be stored in covered containers or in covered piles
				on impervious surfaces.
(3) All
				storm water, or water used for site operations, that comes in contact with
				C&D materials and recovered or recyclable materials shall be controlled and
				collected and otherwise properly managed in accordance with all applicable
				local, state and federal requirements prior to discharge offsite.
Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 19.000 - Solid Waste Management › Part III - TRANSFER STATION DESIGN AND OPERATIONS STANDARDS › Section 19.207 - Handling Facility Operation and Maintenance Requirements

Current through Register 1525, July 5, 2024
(1)
General
.
				Operators shall incorporate procedures and practices, in accordance with
				approved plans and permit conditions, which will prevent pollution of ground
				water, surface water and air quality and prevent dust, odors, noise and other
				nuisance conditions from developing.
(2)
Supervision of
				Operation
.
(a) The operator of
				the handling facility shall be under the overall supervision and direction of
				an engineer or other person qualified and experienced in matters of solid waste
				handling and disposal.
(b) The
				operator of the handling facility shall be knowledgeable of the requirements of
				310 CMR 16.00 and 310 CMR
				19.000, and of the general operating procedures and plans as prescribed by the
				design engineer.
(c) The operator
				shall be required to demonstrate familiarity and capability to operate
				equipment at the handling facility.
Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 19.000 - Solid Waste Management › Part III - TRANSFER STATION DESIGN AND OPERATIONS STANDARDS › CLASS II RECYCLING PROGRAM › Section 19.300 - Preamble

Current through Register 1525, July 5, 2024
310 CMR 19.300 through
					 19.303
					 establishes the process and requirements for Waste to Energy Facilities that
					 were in operation before December 31, 1997 to qualify as a Waste Energy
					 Generation Unit under
					 225 CMR 15.00:
Renewable Energy Portfolio Standard - Class
					 II
.
Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 19.000 - Solid Waste Management › Part III - TRANSFER STATION DESIGN AND OPERATIONS STANDARDS › CLASS II RECYCLING PROGRAM › Section 19.301 - Applicability

Current through Register 1525, July 5, 2024
310 CMR 19.300 only
					 applies to a Waste to Energy Facility that was in operation before December 31,
					 1997 and is operating in compliance with
					 310 CMR
					 7.08(2):
Municipal
					 Waste Combustors
and, and the Facility's Solid Waste
					 permit.
Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 19.000 - Solid Waste Management › Part III - TRANSFER STATION DESIGN AND OPERATIONS STANDARDS › CLASS II RECYCLING PROGRAM › Section 19.302 - Definitions

Current through Register 1525, July 5, 2024
All terms used in
					 310 CMR 19.300 through
					 19.303
					 shall have the meanings set forth in
					 310 CMR 19.006 unless
					 the context expressly states otherwise. The following additional terms shall
					 have the following meanings unless the context clearly indicates
					 otherwise.
Dedicated Account
means the
					 account established by a Waste to Energy Facility that has qualified as a Waste
					 Energy Generation Unit for receipt of revenue from the sale of any RPS Class II
					 Waste Energy Generation Attribute.
Facility or Waste to Energy
					 Facility
means a Combustion Facility that generates Waste
					 Energy.
[Note to reader: The following five definitions will follow
					 the corresponding definitions found at
					 225 CMR 15.00:
Renewable Energy Portfolio Standard - Class II
.]
Generation Attribute
means a
					 non-price characteristic of the electrical energy output of a Generation Unit
					 including, but not limited to, the Unit's fuel type, emissions, vintage and RPS
					 eligibility.
Generation Unit
means a facility
					 that converts a fuel or an energy resource into electrical energy.
RPS Class II Waste Energy Generation
					 Attribute
means the Generation Attribute of the electrical energy
					 output of a specific Waste Energy Generation Unit that derives from the Unit's
					 production of Waste Energy.
Waste Energy
means electrical
					 energy generated from the combustion of municipal solid waste.
Waste Energy Generation Unit
means
					 a Generation Unit that utilizes conventional municipal solid waste plant
					 technology in commercial use to generate Waste Energy and has a Department
					 approved Class II Recycling Program.
Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 21.00 - Federal Safe Drinking Water Act Assessment › Section 21.01 - Purpose and Authority

Current through Register 1525, July 5, 2024
310 CMR 21.00 is intended to
				establish a Federal Safe Drinking Water Act Assessment to assist in providing
				technical compliance assistance to all suppliers of water, pursuant to the
				authority granted the Department by M.G.L. c. 21A, § 18A. The Assessment
				shall be used to assist the Division of Water Supply of the Department in
				providing technical compliance assistance to public water systems and in
				implementing the Federal Safe Drinking Water Act (
				42
				U.S.C. §
									300f
et seq
.)
				and the regulations promulgated thereunder.