reglab/statecodes huggingface dataset:
Iowa Administrative Code › Agency 567 - Environmental Protection Commission › Title VIII - Solid Waste Management and Disposal › Chapter 108 - Beneficial Use Determinations: Solid By-products as Resources and Alternative Cover Material › Rule 567-108.6 - Requirements for Beneficial Uses Other Than Alternative Cover Material

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Solid
				by-products beneficially used as fill material.
All beneficial uses,
				including those listed in
				567-1084.
				(455B,455D) other than rubble and soil, shall meet the following requirements,
				unless a variance is granted in writing by the department for a specific
				location, if the beneficial use entails the solid by-product's being used as
				fill material:
a. Leachate characteristics of
				the solid by-product shall be measured by the synthetic precipitation leaching
				procedure (SPLP, EPA Method 1312) and shall be less than or equal to ten times
				the maximum contaminant levels (MCL) for drinking water. Foundry sand and coal
				combustion by-products may limit the SPLP analytes to total metals for drinking
				water.
b. Total metals testing
				results, which shall include thallium, shall be consistent with the
				department's statewide standards for soil pursuant to 567-Chapter 137. Arsenic
				levels shall be consistent with the statewide standards for soil or the
				naturally occurring (i.e., background) arsenic levels of the soil, whichever
				are greater.
c. The solid
				by-product shall produce a fill that has a pH:
(1) Greater than or equal to 5 and less than
				or equal to 8 if the fill may be used as growing media either now or in the
				future.
(2) Greater than or equal
				to 5 and less than 12 if the fill is specifically intended not to be used as
				growing media either now or in the future. In this category of fill, materials
				with a pH equal to or greater than 10 but less than 12 shall be used only in
				areas where direct physical contact by humans for long periods of time is not
				expected to occur.
(3) For deep
				fills where only the surface may serve as growing media either now or in the
				future, then at a minimum the top three feet shall have a pH greater than or
				equal to 5 and less than or equal to 8. Fill material below the top three feet
				shall have a pH greater than or equal to 5 and less than or equal to
				12.
d. The by-product
				shall not be placed in a waterway or wetland or any waters of the state or
				extend below or within five feet of the high water table.
e. The by-product shall not be placed within
				the 100-year flood plain unless in accordance with all local and department
				regulations including rule
				567-715.
				(455B).
f. The by-product shall not
				be placed closer than 200 feet to a sinkhole or to a well that is being used or
				could be used for human or livestock water consumption.
g. The by-product shall not be
				putrescible.
Iowa Administrative Code › Agency 567 - Environmental Protection Commission › Title VIII - Solid Waste Management and Disposal › Chapter 108 - Beneficial Use Determinations: Solid By-products as Resources and Alternative Cover Material › Rule 567-108.7 - Record-keeping and Reporting Requirements for Beneficial Use Projects Other Than Alternative Cover Material

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
				Any entity that engages in the beneficial use of a solid by-product, other than
				for alternative cover material, and that satisfies at least one of the
				following criteria shall comply with record-keeping and reporting requirements
				set forth in this rule:
a. The entity has
				been granted a beneficial use determination pursuant to
				567-1085.
				(455B,455D).
b. The solid
				by-product is not rubble or soil and is being beneficially used as fill
				material.
c. The solid by-product
				is a coal combustion by-product or foundry sand.
Iowa Administrative Code › Agency 567 - Environmental Protection Commission › Title VIII - Solid Waste Management and Disposal › Chapter 108 - Beneficial Use Determinations: Solid By-products as Resources and Alternative Cover Material › Rule 567-108.8 - Universally Approved Beneficial Use Determinations for Alternative Cover Material

Current through Register Vol. 47, No. 3, July 24, 2024
Unless the landfill is otherwise notified pursuant to
				  567-10811.
				  (455B,455D), the following alternative cover materials may be beneficially used
				  as daily cover material at sanitary landfills in the manner and volume
				  specified by sanitary landfill rules. However, sanitary landfills shall amend
				  their sanitary landfill permits by notifying the department, and the department
				  field office with jurisdiction over the facility, of their intent to utilize
				  solid by-products pursuant to this rule at least 30 days prior to actual
				  utilization of the by-products as alternative cover material.
(1)
Asphalt shingles.
Asphalt shingles that are certified, consistent with federal regulations
				(Reference: Appendix E, Subpart E, 40 CFR Part 763, Section 1, Polarized Light
				Microscopy), as not containing more than 1 percent asbestos and are ground to
				an average size of 3 inches or less in any dimension may be mixed with soil in
				a 50/50 volume.
(2)
Coal
				combustion by-products.
Coal combustion by-products may be mixed with
				soil in a 50/50 volume.
(3)
Compost.
One hundred percent cured or finished compost, and
				compost rejects, may be used.
(4)
Diatomaceous earth.
Diatomaceous earth may be mixed with soil
				in a 50/50 volume.
(5)
Foundry sand.
Foundry sand may be mixed with soil in a 50/50
				volume.
(6)
Glass.
Glass that has been ground to an average size of ½ inch or less in any
				dimension may be mixed with soil in a 10 percent glass and 90 percent soil by
				volume mixture.
(7)
Gypsum
				and gypsum wallboard.
Gypsum and gypsum wallboard that have been
				ground to an average size of 3 inches or less in any dimension may be mixed
				with soil in a 50/50 volume.
(8)
Paper mill sludge.
Uncontaminated, dewatered paper mill sludge
				may be mixed with soil in a 50/50 volume.
(9)
Sandblasting abrasive.
Sandblasting abrasive and residuals may be mixed with soil in a 50/50
				volume.
(10)
Soil,
				including petroleum-contaminated soil.
Petroleum-contaminated soils
				that have been decontaminated to the satisfaction of the department pursuant to
				567-Chapter 120 may be utilized.
(11)
Tire chips.
Tire chips
				that are an average size of 3 inches or less in any dimension may be mixed with
				soil in a 50/50 volume.
Iowa Administrative Code › Agency 567 - Environmental Protection Commission › Title VIII - Solid Waste Management and Disposal › Chapter 108 - Beneficial Use Determinations: Solid By-products as Resources and Alternative Cover Material › Rule 567-108.9 - Beneficial Use Determination Application Requirements for Alternative Cover Material

Current through Register Vol. 47, No. 3, July 24, 2024
Unless the alternative cover material beneficial use is
				  approved pursuant to
				  567-1088.
				  (455B,455D), the applicant shall submit the following application information
				  to the department to amend the sanitary landfill permit. The department may
				  request that additional information be submitted in order to make a beneficial
				  use determination. The department may also require specific beneficial use
				  determination conditions and issue a temporary beneficial use determination on
				  a trial basis.
If the department finds the application information to be
				  incomplete, then it shall notify the applicant in writing of that fact and of
				  the specific deficiencies and return the application materials to the applicant
				  within 30 days of such notification. The applicant may reapply without
				  prejudice.
(1) The name, address, and
				telephone number of:
a. Owner of the site
				where the project will be located.
b. Applicant for the beneficial use
				determination.
c. Official
				responsible for the operation of the project.
d. Professional engineer (RE.) licensed by
				the state of Iowa and retained for the project, if any. The department may, at
				its sole discretion, require the applicant to retain a professional engineer
				for the project or specific parts thereof.
e. Agency to be served by the project, if
				any.
f. Responsible official of
				agency to be served.
Iowa Administrative Code › Agency 567 - Environmental Protection Commission › Title VIII - Solid Waste Management and Disposal › Chapter 108 - Beneficial Use Determinations: Solid By-products as Resources and Alternative Cover Material › Rule 567-108.10 - Beneficial Use of Alternative Cover Material and State Goal Progress

Current through Register Vol. 47, No. 3, July 24, 2024
Alternative cover material placed at no more than the
				  thickness required by sanitary landfill rules shall be exempt from landfill
				  tonnage measurements used for state goal progress and waste diversion
				  calculations.
Iowa Administrative Code › Agency 567 - Environmental Protection Commission › Title VIII - Solid Waste Management and Disposal › Chapter 108 - Beneficial Use Determinations: Solid By-products as Resources and Alternative Cover Material › Rule 567-108.11 - Revocation of Beneficial Use Determinations

Current through Register Vol. 47, No. 3, July 24, 2024
The department may revoke any beneficial use determination
				  given pursuant to this chapter if it finds one or more of the following:
1. The matters serving as the basis for the
				department's determination were incomplete or incorrect or are no longer
				valid.
2. The department finds that
				there has been a violation of any law, rule, permit or other authorization in
				its jurisdiction.
3. The department
				has reasonable cause to suspect a significant risk to or adverse affect on
				human health or the environment.
Iowa Administrative Code › Agency 567 - Environmental Protection Commission › Title VIII - Solid Waste Management and Disposal › Chapter 109 - Special Waste Authorizations › Rule 567-109.1 - Purpose

Current through Register Vol. 47, No. 3, July 24, 2024
The purpose of this chapter is to implement Iowa Code section
				  455B304. and
				  chapter 455D by providing rules for the disposal of special waste. The intent
				  of these rules is to provide safe and proper management for disposal of special
				  waste.
Iowa Administrative Code › Agency 567 - Environmental Protection Commission › Title VIII - Solid Waste Management and Disposal › Chapter 109 - Special Waste Authorizations › Rule 567-109.2 - Special Waste Authorization Required

Current through Register Vol. 47, No. 3, July 24, 2024
No special wastes shall be delivered to or accepted by a
				  municipal solid waste landfill unless disposal is authorized by a special waste
				  authorization (SWA) issued by the department. Wastes for which an SWA has been
				  issued shall be disposed of in accordance with the instructions, conditions,
				  and limitations contained in the SWA. An SWA in effect on May 22, 2002, shall
				  remain in effect until the SWA expires or until it is amended. Any amendment
				  requests shall be handled under these rules.
Iowa Administrative Code › Agency 567 - Environmental Protection Commission › Title VIII - Solid Waste Management and Disposal › Chapter 109 - Special Waste Authorizations › Rule 567-109.5 - Applications

Current through Register Vol. 47, No. 3, July 24, 2024
(1) Generators of
				special waste shall make application for an SWA by submitting the form "Request
				for Special Waste Authorization" accompanied by supporting data as required by
				the department. Two copies shall be submitted to the department, and the
				department will forward one of the copies to the disposal site after the
				department review process is completed. The application shall include the
				following information when applicable:
a.
				Appropriate chemical analysis of the waste,
b. Physical form of the waste,
c. Weight or volume of the waste,
d. Material safety data sheet (MSDS) for the
				waste or for the materials from which the waste is generated, if
				applicable,
e. Toxicity
				characteristic leaching procedure (TCLP) test results when appropriate, which
				show that none of the federal limits in 40 CFR Part 261 are exceeded,
				and
f. Any other information
				requested by the department. 109.5(2) Additional requirements.
a. The waste shall not contain free liquids
				as defined at
				567-1002.
				(455B,455D). The point of compliance shall be the working face.
b. The waste shall not be a listed hazardous
				waste or meet the criteria for characteristic hazardous waste pursuant to the
				federal Resource Conservation and Recovery Act (RCRA).
c. Wastes with PCB concentrations equal to or
				greater than 50 ppm shall not be authorized for disposal at a
				landfill.
d. Polynuclear aromatic
				hydrocarbon (PAH) (SW 846 Method 8270) contaminated soil shall not be
				authorized for disposal at a landfill if the total PAH level exceeds 1600 ppm
				for the following compounds: acenaphthene, acenaphthylene, anthracene,
				benzo(a)anthracene, benzo(a)pyrene, benzo(b)fluornathene, benzo(g,h,i)perylene,
				benzo(k)fluoranthene, chrysene, dibenzo(a,h)anthracene, fluoranthene, fluorene,
				indeno(1,2,3-cd)pyrene, naphthalene, phenanthrene, and pyrene or if the total
				carcinogenic PAH level exceeds 200 ppm for the following compounds:
				benzo(a)anthracene, benzo(a)pyrene, benzo(b)fluoranthene, benzo(k)fluoranthene,
				chrysene, dibenzo(a,h)anthracene, and indeno(1,2,3-cd)pyrene or if the cyanide
				level exceeds 1,000 ppm.
e. Special
				waste authorizations may be issued for a period not to exceed three
				years.
Iowa Administrative Code › Agency 567 - Environmental Protection Commission › Title VIII - Solid Waste Management and Disposal › Chapter 109 - Special Waste Authorizations › Rule 567-109.6 - Restrictions

Current through Register Vol. 47, No. 3, July 24, 2024
(1) The department
				may revoke an SWA for cause at any time. Such cause may include, but is not
				limited to, evidence that indicates that the characteristics of the authorized
				quality of the waste vary from the authorized values, evidence that the
				continued disposal of the waste as authorized may pose a threat to the public
				health or the environment, or failure to comply with any condition in the SWA
				or the landfill's SWAC.
(2) The
				holder of an SWA must apply for a renewal at least 30 days prior to the
				expiration of the SWA.
(3) The
				issuance of an SWA does not obligate any waste disposal facility to accept the
				waste nor does it preclude the facility from imposing conditions or
				restrictions other than those listed in the SWA.
(4) The issuance of an SWA does not exempt
				the party disposing of the waste from any local, state, or federal laws or
				regulations.
Iowa Administrative Code › Agency 567 - Environmental Protection Commission › Title VIII - Solid Waste Management and Disposal › Chapter 109 - Special Waste Authorizations › Rule 567-109.7 - Landfill Responsibilities

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
				Any public or private municipal solid waste landfill that refuses any
				particular solid waste type for management or disposal must identify another
				waste management facility for that waste within the planning area. In the case
				of special waste, if no other waste management facility for that waste type
				exists within the planning area, the city or county, in cooperation with the
				waste generator, must establish or arrange access to one.
(2) All municipal solid waste landfills shall
				submit special waste acceptance criteria to the department. The SWAC shall list
				the different kinds of special waste that each landfill (facility specific)
				will accept and the instructions for disposal for each of those wastes. The
				SWAC shall be submitted within 90 days after May 22, 2002. The SWAC shall be
				submitted on forms provided by the department.
(3) Landfills are required to ensure that
				special wastes delivered to the facility conform to the SWAC on file with the
				department.
(4) Each municipal
				solid waste landfill shall provide to the department, on aquarterly basis, a
				report of SWA activity including each SWA number and the quantities of waste
				disposed of during the reporting period. This information shall be submitted as
				part of the Quarterly Solid Waste Fee Schedule and Retained Fees Report, Form
				542-3276.
Iowa Administrative Code › Agency 567 - Environmental Protection Commission › Title VIII - Solid Waste Management and Disposal › Chapter 109 - Special Waste Authorizations › Rule 567-109.8 - Special Waste Generator Responsibilities

Current through Register Vol. 47, No. 3, July 24, 2024
Special waste generator responsibilities shall include, but
				  are not limited to, the following:
(1)
				Prior to submission of an SWA application, the generator shall adhere to the
				solid waste management hierarchy. Alternatives include volume reduction at the
				source; recycling and reuse, including composting and land application; and
				other approved techniques of solid waste management including, but not limited
				to, combustion with energy recovery and combustion for waste disposal. The
				generator shall include, as part of the SWA application, a description of the
				review of the alternatives to landfilling for each waste for which an SWA is
				requested. The description should detail to what extent the waste could be
				recycled, reduced or reused so that landfilling is not necessary.
(2) The generator shall follow the guidelines
				for submission of an SWA application as given in 109.5(455B,455D).
(3) The generator shall ensure that special
				waste coming into the landfill shall arrive as a separate load and not be
				commingled with any other waste.
(4) The generator shall submit analytical
				results supporting an SWA at a frequency to be determined by the
				landfill.
(5) After receiving an
				SWA, the generator must contact the designated landfill for instructions on
				delivering the waste and instructions for adhering to the landfill's
				SWAC.
(6) The generator shall
				notify the department and landfill, prior to disposal, of any change in the
				characteristics of the special wastes being disposed.
(7) Generators shall notify the landfill in
				writing when a one-time disposal under an SWA has been completed. This
				requirement is for one-time disposals only.
Iowa Administrative Code › Agency 567 - Environmental Protection Commission › Title VIII - Solid Waste Management and Disposal › Chapter 109 - Special Waste Authorizations › Rule 567-109.9 - Infectious Waste

Current through Register Vol. 47, No. 3, July 24, 2024
Infectious waste which is generated and treated at a medical
				  clinic, doctor's office, nursing care facility, health care facility, dentist's
				  office or other similar facility may be placed with municipal solid waste and
				  not handled in a special way if it is rendered nonpathological, does not
				  contain free liquids, and sharps are shredded, blunted, granulated, incinerated
				  or mechanically destroyed. The generator of the infectious waste must notify
				  the waste hauler and the sanitary landfill that infectious waste is being
				  placed with the regular municipal solid waste and, with the notice, certify
				  that the infectious waste is properly treated in accordance with the
				  requirements of this rule.
Iowa Administrative Code › Agency 567 - Environmental Protection Commission › Title VIII - Solid Waste Management and Disposal › Chapter 109 - Special Waste Authorizations › Rule 567-109.10 - Other Special Wastes

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Radioactive waste.
Radioactive materials shall not be disposed
				of by a sanitary disposal project. Luminous timepieces are exempt.
(2)
Sewage sludge.
a. Sewage sludge, including unstabilized
				septic tank pumpings, shall not be disposed of in a sanitary landfill if it
				meets the criteria for Class I or II sewage sludge in 567-Chapter 67, except
				for use in daily, interim, or final cover according to the approved plan for
				the landfill. Class III sewage sludge may be disposed of at a sanitary landfill
				as provided in 567-Chapter 112.
b.
				Sewage sludge may be handled at processing facilities as provided in
				567-Chapter 104.
c. Sewage sludge
				may be utilized for land application in accordance with 567-Chapter
				67.
Iowa Administrative Code › Agency 567 - Environmental Protection Commission › Title VIII - Solid Waste Management and Disposal › Chapter 111 - Annual Reports of Solid Waste Environmental Management Systems › Rule 567-111.1 - Purpose

Current through Register Vol. 47, No. 3, July 24, 2024
This chapter establishes methods and criteria for determining
				  whether a planning area's or service area's environmental management system is
				  in compliance with the provisions of Iowa Code section
				  455J3..
Iowa Administrative Code › Agency 567 - Environmental Protection Commission › Title VIII - Solid Waste Management and Disposal › Chapter 111 - Annual Reports of Solid Waste Environmental Management Systems › Rule 567-111.2 - Role of the Department

Current through Register Vol. 47, No. 3, July 24, 2024
Pursuantto Iowa Code subsection
				  455J4(2).,
				  the department is responsible for the development and implementation of these
				  rules.
Iowa Administrative Code › Agency 567 - Environmental Protection Commission › Title VIII - Solid Waste Management and Disposal › Chapter 111 - Annual Reports of Solid Waste Environmental Management Systems › Rule 567-111.3 - Applicability

Current through Register Vol. 47, No. 3, July 24, 2024
This chapter applies to those planning and service areas that
				  have been designated as environmental management systems and that seek to
				  continue to be so designated. This is a voluntary program, and planning and
				  service areas may elect to leave the program at any time. Upon leaving the
				  program, the planning or service area shall comply with the comprehensive
				  planning requirements in 567-Chapter 101.
Iowa Administrative Code › Agency 567 - Environmental Protection Commission › Title VIII - Solid Waste Management and Disposal › Chapter 111 - Annual Reports of Solid Waste Environmental Management Systems › Rule 567-111.4 - Definitions

Current through Register Vol. 47, No. 3, July 24, 2024
For the purposes of this chapter, the following definitions
				  apply:
"Annual report"
means the required submittal
				  to the department that documents an environmental management system's
				  compliance with the requirements of Iowa Code section
				  455J3..
"Aspect"
means an element of a planning or
				  service area's activities or operations that can interact with the
				  environment.
"Audit"
means a planned, objective and
				  documented assessment, either done internally by the program participant or its
				  designee or externally by an independent third party, to determine the
				  performance of a planning or service area's system in relation to the
				  designation requirements.
"Department"
means the department of natural
				  resources.
"Environmental management system "
or
"EMS"
means the same as defined in Iowa Code section
				  455J.2(5).
"Environmentalpolicy"
means a statement by
				  the planning or service area that includes:
1. The planning or service area's intentions
				and principles in relation to its overall environmental performance, which
				provides a framework for action and for setting environmental objectives and
				targets; and
2. The planning or
				service area's commitment to environmental compliance and continuous
				improvement.
"Fenceline "
means the geographic area and
				  the operations, facilities, and programs that the planning or service area has
				  the ability to influence.
"Impact"
means any change to the
				  environment, whether adverse or beneficial, from an aspect of a planning or
				  service area's activities or operations.
"Objective"
means an overall and
				  quantifiable environmental goal arising from the planning or service area's
				  environmental policy.
"Plan component"
means each of the six areas
				  that are required to be addressed in an environmental management system,
				  including: organics waste management, hazardous household materials collection,
				  water quality improvement, greenhouse gas reduction, recycling services, and
				  environmental education.
"Planning area"
means the same as defined in
				  rule 567-1002. (455B,455D).
"Service area "
means that portion of a
				  planning area that has been identified by the planning area to be a participant
				  in the program. Only the service area is eligible for the program incentives
				  described in Iowa Code section
				  455J5..
"Target"
means a detailed and quantifiable
				  performance requirement that must be set and met in order to achieve the
				  environmental objective. An objective may have several
				  targets.
Iowa Administrative Code › Agency 567 - Environmental Protection Commission › Title VIII - Solid Waste Management and Disposal › Chapter 111 - Annual Reports of Solid Waste Environmental Management Systems › Rule 567-111.5 - Submittal of Annual Reports

Current through Register Vol. 47, No. 3, July 24, 2024
Annual reports shall be submitted to the department by
				  September 1 of each year and include all the requirements in 5 67-111.6 (455
				  J). Annual reports shall address activities that occurred during the previous
				  state fiscal year that ended June 30. The reports shall be submitted on a form
				  provided by the department.
Iowa Administrative Code › Agency 567 - Environmental Protection Commission › Title VIII - Solid Waste Management and Disposal › Chapter 111 - Annual Reports of Solid Waste Environmental Management Systems › Rule 567-111.7 - Evaluation Criteria

Current through Register Vol. 47, No. 3, July 24, 2024
Each annual report shall be reviewed by the department, and a
				  determination as to whether a planning or service area's EMS is in compliance
				  with Iowa Code section 455 J.3 shall be made by January 1 of each year. Reports
				  shall be reviewed for the following:
1. Completeness in terms of addressing all of
				the elements set forth in
				567-1116. (455J).
2. Progress toward achieving the objectives
				and targets set forth in the EMS.
3. Clear demonstration of continuous
				improvement in terms of progress toward achieving the objectives and targets
				set forth in the EMS.
Upon achievement of these objectives and targets, a
				  reevaluation and decision will be needed to verify whether a new target should
				  be assigned to an objective or, if the objectives and targets were not
				  achieved, what new initiatives should be incorporated into the EMS. Planning
				  and service areas shall review procedures on a regular basis and revise as
				  appropriate.
Iowa Administrative Code › Agency 567 - Environmental Protection Commission › Title VIII - Solid Waste Management and Disposal › Chapter 111 - Annual Reports of Solid Waste Environmental Management Systems › Rule 567-111.8 - Evaluation Outcomes

Current through Register Vol. 47, No. 3, July 24, 2024
(1) If the
				department determines that the annual report adequately demonstrates compliance
				with the requirements of Iowa Code section
				455J3.,
				the planning or service area shall remain designated as an EMS and shall
				continue to be qualified for the incentives set forth in Iowa Code section
				455J5..
(2) If the department determines that the
				annual report clearly demonstrates that the planning or service area's EMS is
				no longer in compliance with Iowa Code section
				455J3.,
				the department may recommend to the environmental protection commission the
				revocation of the EMS designation. If the commission concurs with the
				department's recommendation, the planning or service area shall adhere to the
				comprehensive planning requirements in 567-Chapter 101.
(3) Failure by a planning or service area to
				submit an annual report by September 1 in any year will result in revocation of
				the EMS designation, following which the planning or service area shall adhere
				to the comprehensive planning requirements in 567-Chapter 101.
Iowa Administrative Code › Agency 567 - Environmental Protection Commission › Title VIII - Solid Waste Management and Disposal › Chapter 113 - Sanitary Landfills for Municipal Solid Waste: Groundwater Protection Systems for the Disposal of Nonhazardous Wastes › Rule 567-113.1 - Purpose

Current through Register Vol. 47, No. 3, July 24, 2024
The purpose of this chapter is to protect human health and
				  the environment through the implementation of minimum national standards
				  pursuant to the Resource Conservation and Recovery Act ("RCRA" or "the Act")
				  for all municipal solid waste landfill (MSWLF) units and under the Clean Water
				  Act for MSWLFs that are used to dispose of sewage sludge.
This chapter details the permitting, siting, design,
				  operating, monitoring, corrective action, reporting, record-keeping, closure,
				  and postclosure requirements for all sanitary landfills accepting municipal
				  solid waste (MSW).
Groundwater is a precious natural resource. The vast majority
				  of citizens in Iowa depend on groundwater as a drinking water source.
				  Agriculture, industry and commerce also depend heavily on groundwater. It is
				  essential to the health, welfare, and economic prosperity of all citizens in
				  Iowa that groundwater is protected and that the prevention of groundwater
				  contamination is of paramount importance. Therefore, the intent of this chapter
				  is to prevent groundwater contamination from MSWLF units to the maximum extent
				  practical, and if necessary to restore the groundwater to a potable state,
				  regardless of present condition, use, or characteristics.
Iowa Administrative Code › Agency 567 - Environmental Protection Commission › Title VIII - Solid Waste Management and Disposal › Chapter 113 - Sanitary Landfills for Municipal Solid Waste: Groundwater Protection Systems for the Disposal of Nonhazardous Wastes › Rule 567-113.4 - Permits

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Permit
				required.
An MSWLF unit shall not be constructed or operated without a
				permit from the department.
(2)
Construction and operation.
An MSWLF unit shall be constructed
				and operated according to this chapter, any plans and specifications approved
				by the department, and the conditions of the permit. Any approved plans and
				specifications shall constitute a condition of the permit.
(3)
Transfer of title and
				permit.
If title to an MSWLF unit is transferred, then the department
				shall transfer the permit within 60 days if the department has found that the
				following requirements have been met:
a. The
				title transferee has applied in writing to the department to request a transfer
				of the permit within 30 days of the transfer of the title.
b. The permitted facility is in compliance
				with Iowa Code chapters 455B and 455D, this chapter and the conditions of the
				permit.
c. The transferee possesses
				the equipment and personnel to operate the project in conformance with Iowa
				Code chapter 455B and these rules and the terms of the permit.
Iowa Administrative Code › Agency 567 - Environmental Protection Commission › Title VIII - Solid Waste Management and Disposal › Chapter 113 - Sanitary Landfills for Municipal Solid Waste: Groundwater Protection Systems for the Disposal of Nonhazardous Wastes › Rule 567-113.5 - Permit Application Requirements

Current through Register Vol. 47, No. 3, July 24, 2024
(1) Unless otherwise authorized by the
				department, an MSWLF permit applicant shall submit, at a minimum, the following
				permit application information to the department:
a. The name, address and telephone number of:
(1) Owner of the site where the facility will
				be located.
(2) Permit
				applicant.
(3) Official responsible
				for the facility.
(4) Certified
				operator (i.e., "operator") responsible for operation of the
				facility.
(5) Professional
				engineer(s) (PE.) licensed in the state of Iowa and retained for the design of
				the facility.
(6) Agency to be
				served by the facility, if any.
(7)
				Responsible official of agency to be served, if any.
Iowa Administrative Code › Agency 567 - Environmental Protection Commission › Title VIII - Solid Waste Management and Disposal › Chapter 113 - Sanitary Landfills for Municipal Solid Waste: Groundwater Protection Systems for the Disposal of Nonhazardous Wastes › Rule 567-113.6 - Siting and Location Requirements for Mswlfs

Current through Register Vol. 47, No. 3, July 24, 2024
This rule applies to new MSWLF units and horizontal
				  expansions of existing MSWLF units. Except for paragraphs
				  113.6(2)
"a,"
113.6(2)
"b"
and
				  113.6(2)
"f,"
this rule does not apply to permitted MSWLF units
				  which have been approved prior to October 1,2007. Information required to
				  document compliance with the requirements of rule 113.6(455B) shall be
				  consolidated and maintained in a site exploration and characterization report
				  pursuant to subrule 113.6(4).
(1)
Local siting approval.
The department will not consider a
				permit application for a new MSWLF unless local siting approval pursuant to
				Iowa Code section
				455B305A.,
				if applicable, has been obtained.
(2)
Location restrictions.
All MSWLFs shall comply with the following location restrictions.
a.
Airports.
For purposes of
				this chapter:
"Airport"
means public-use airport open to
				  the public without prior permission and without restrictions within the
				  physical capacities of available facilities.
"Bird hazard"
means an increase in the
				  likelihood of bird-aircraft collisions that may cause damage to the aircraft or
				  injury to its occupants.
(1) A
				prohibition on locating a new MSWLF near certain airports was enacted in
				Section 503 of the Wendell H. Ford Aviation Investment and Reform Act for the
				21st Century (Ford Act), Pub. L. 106-181 (
				49
				U.S.C. 44718 note). Section 503 prohibits the
				"construction or establishment" of new MSWLFs after April 5, 2000, within six
				miles of certain smaller public airports. The Federal Aviation Administration
				(FAA) administers the Ford Act and has issued guidance in FAA Advisory Circular
				150/5200-34A, dated January 26, 2006.
(2) Owners or operators of new MSWLF units,
				existing MSWLF units, and lateral expansions that are located within 10,000
				feet (3,048 meters) of any airport runway end used by turbojet aircraft or
				within 5,000 feet (1,524 meters) of any airport runway end used by piston-type
				aircraft only must demonstrate to the FAA that the units are designed and
				operated so that the MSWLF unit does not pose a bird hazard to aircraft. The
				owner or operator must place the demonstration of this requirement in the
				operating record and submit to the department a copy of the demonstration
				approved by the FAA.
(3) Owners or
				operators proposing to site new MSWLF units and lateral expansions within a
				five-mile radius of any airport runway end used by turbojet or piston-type
				aircraft must notify the affected airport and the FAA. A copy of these
				notifications shall be submitted to the department.
Iowa Administrative Code › Agency 567 - Environmental Protection Commission › Title VIII - Solid Waste Management and Disposal › Chapter 113 - Sanitary Landfills for Municipal Solid Waste: Groundwater Protection Systems for the Disposal of Nonhazardous Wastes › Rule 567-113.7 - Mswlf Unit Design and Construction Standards

Current through Register Vol. 47, No. 3, July 24, 2024
All MSWLF units shall be designed and constructed in
				  accordance with this rule.
(1)
Predesign meeting with the department.
A potential applicant
				for a new MSWLF unit may schedule a predesign meeting with the department's
				landfill permitting staff prior to beginning work on the plans and
				specifications of a modified or new MSWLF. The purpose of this meeting is to
				help minimize the need for revisions upon submittal of the official designs and
				specifications.
(2)
Plans
				and specifications.
a. Unless
				otherwise requested by the department, one copy of plans, specifications and
				supporting documents shall be sent to the department for review. Upon written
				department approval, the documents shall be submitted in triplicate to the
				department for proper distribution.
b. All new MSWLF units shall be constructed
				in compliance with the rules and regulations in effect at the time of
				construction. Previous department approval of plans and specifications for
				MSWLF units not yet constructed shall be superseded by the promulgation of new
				rules and regulations, after which plans and specifications shall be
				resubmitted to the department for approval prior to construction and
				operation.
Iowa Administrative Code › Agency 567 - Environmental Protection Commission › Title VIII - Solid Waste Management and Disposal › Chapter 113 - Sanitary Landfills for Municipal Solid Waste: Groundwater Protection Systems for the Disposal of Nonhazardous Wastes › Rule 567-113.8 - Operating Requirements

Current through Register Vol. 47, No. 3, July 24, 2024
The requirements of this rule shall be consolidated in a
				  development and operations plan (DOPs) pursuant to subrule 113.8(4) and the
				  emergency response and remedial action plan (ERRAP) pursuant to subrule
				  113.8(5), as applicable.
(1)
Prohibited operations and activities.
For the purposes of this
				subrule, "regulated hazardous waste" means a solid waste that is a hazardous
				waste, as defined in Iowa Code section
				455B411..
a.
Waste screening for prohibited
				materials.
Owners or operators of all MSWLF units must implement a
				program at the facility for detecting and preventing the disposal of regulated
				hazardous wastes, polychlorinated biphenyls (PCB) wastes and other prohibited
				wastes listed in paragraph 113.8(1)
"b."
This program must
				include, at a minimum:
(1) Random inspections
				of incoming loads unless the owner or operator takes other steps to ensure that
				incoming loads do not contain regulated hazardous wastes, PCB wastes or other
				prohibited wastes listed in paragraph 113.8(1)
"b"
;
(2) Records of any inspections;
(3) Training of facility personnel to
				recognize regulated hazardous wastes, PCB wastes and other prohibited wastes
				listed in paragraph 113.8(1)
"b"
; and
(4) Notification of the EPA regional
				administrator if regulated hazardous wastes or PCB wastes are discovered at the
				facility.
Iowa Administrative Code › Agency 567 - Environmental Protection Commission › Title VIII - Solid Waste Management and Disposal › Chapter 113 - Sanitary Landfills for Municipal Solid Waste: Groundwater Protection Systems for the Disposal of Nonhazardous Wastes › Rule 567-113.9 - Environmental Monitoring and Corrective Action Requirements for Air Quality and Landfill Gas

Current through Register Vol. 47, No. 3, July 24, 2024
All MSWLFs shall comply with the following environmental
				  monitoring and corrective action requirements for air quality and landfill
				  gas.
(1)
Air
				criteria.
Owners or operators of all MSWLFs must ensure that the units
				do not violate any applicable requirements developed under a state
				implementation plan (SIP) approved or promulgated by the department pursuant to
				Section 110 of the Clean Air Act.
(2)
Landfill gas.
All MSWLFs
				shall comply with the following requirements for landfill gas. For purposes of
				this subrule, "lower explosive limit" means the lowest percent by volume of a
				mixture of explosive gases in air that will propagate a flame at 25°C and
				atmospheric pressure.
a. Owners or operators
				of all MSWLF units must ensure that:
(1) The
				concentration of methane gas generated by the facility does not exceed 25
				percent of the lower explosive limit for methane in facility structures
				(excluding gas pipeline, control or recovery system components);
(2) The concentration of methane gas does not
				exceed the lower explosive limit for methane at the facility property boundary;
				and
Iowa Administrative Code › Agency 567 - Environmental Protection Commission › Title VIII - Solid Waste Management and Disposal › Chapter 113 - Sanitary Landfills for Municipal Solid Waste: Groundwater Protection Systems for the Disposal of Nonhazardous Wastes › Rule 567-113.10 - Environmental Monitoring and Corrective Action Requirements for Groundwater and Surface Water

Current through Register Vol. 47, No. 3, July 24, 2024
All MSWLFs shall comply with the following environmental
				  monitoring and corrective action requirements for groundwater and surface
				  water.
(1)
General
				requirements for environmental monitoring and corrective action for groundwater
				and surface water.
The following general requirements apply to all
				provisions of this rule.
a. Surface water
				requirements. MSWLF units shall not:
(1) Cause
				a discharge of pollutants into waters of the United States, including wetlands,
				that violates any requirements of the Clean Water Act, including, but not
				limited to, the National Pollutant Discharge Elimination System (NPDES)
				requirements, pursuant to Section 402 of the Clean Water Act.
(2) Cause the discharge of a nonpoint source
				of pollution into waters of the United States, including wetlands, that
				violates any requirement of an areawide or statewide water quality management
				plan that has been approved under Section 208 or 319 of the Clean Water
				Act.
Iowa Administrative Code › Agency 567 - Environmental Protection Commission › Title VIII - Solid Waste Management and Disposal › Chapter 113 - Sanitary Landfills for Municipal Solid Waste: Groundwater Protection Systems for the Disposal of Nonhazardous Wastes › Rule 567-113.11 - Record-keeping and Reporting Requirements

Current through Register Vol. 47, No. 3, July 24, 2024
The primary purpose of the record-keeping and reporting
				  activities is to verify compliance with this chapter and to document the
				  construction and operations of the facility. The department can set alternative
				  schedules for record-keeping and notification requirements as specified in
				  subrules 113.11(1) and 113.11 (2), except for the notification requirements in
				  paragraph 113.6(2)
"a"
and numbered paragraph 113.10(6)
"g"
(1)"3." All MSWLFs shall comply with the following
				  record-keeping and reporting requirements.
(1)
Record keeping.
The
				owner or operator of an MSWLF unit must record and retain near the facility in
				an operating record or in an alternative location approved by the department
				the following information as it becomes available:
a. Permit application, permit renewal and
				permit modification application materials pursuant to rule
				113.5(455B);
b. The site
				exploration and characterization reports pursuant to subrule
				113.6(4);
c. Design and
				construction plans and specifications, and related analyses and documents,
				pursuant to rule 113.7(455B). The QC&A final reports, and related analyses
				and documents, pursuant to paragraph 113.7(6)
"d"
;
d. Inspection records, training procedures,
				and notification procedures required in rule 113.8(455B);
e. Any MSWLF unit design documentation for
				placement of leachate or gas condensate in an MSWLF unit as required under
				numbered paragraphs 113.8(1)
"b
"(3)"2" and "3";
f.Gas monitoring results from monitoring and
				any remediation plans required by rule 113.9(455B);
g. Any demonstration, certification, finding,
				monitoring, testing, or analytical data required by rule
				113.10(455B);
h. Closure and
				postclosure care plans and any monitoring, testing, or analytical data as
				required by rules 113.12(455B) and 113.13(455B); and
i. Any cost estimates and financial assurance
				documentation required by this chapter.
Iowa Administrative Code › Agency 567 - Environmental Protection Commission › Title VIII - Solid Waste Management and Disposal › Chapter 113 - Sanitary Landfills for Municipal Solid Waste: Groundwater Protection Systems for the Disposal of Nonhazardous Wastes › Rule 567-113.12 - Closure Criteria

Current through Register Vol. 47, No. 3, July 24, 2024
All MSWLFs shall comply with the following closure
				  requirements.
(1) Owners or operators
				of all MSWLF units must install a final cover system that is designed to
				minimize infiltration and erosion. The final cover system must be designed and
				constructed to:
a. Have a permeability less
				than or equal to the permeability of any bottom liner system (for MSWLFs with
				some type of liner) or have a permeability no greater than 1 x
				10-7cm/sec, whichever is less;
b. Minimize infiltration through the closed
				MSWLF by the use of an infiltration layer that contains a minimum of 18 inches
				of compacted earthen material;
c.
				Minimize erosion of the final cover by the use of an erosion layer that
				contains a minimum of 24 inches of earthen material that is capable of
				sustaining native plant growth;
d.
				Have an infiltration layer and erosion layer that are a combined minimum of 42
				inches of earthen material at all locations over the closed MSWLF unit;
				and
e. Have a slope between 5
				percent and 25 percent. Steeper slopes may be used if it is demonstrated that a
				steeper slope is unlikely to adversely affect final cover system
				integrity.
Iowa Administrative Code › Agency 567 - Environmental Protection Commission › Title VIII - Solid Waste Management and Disposal › Chapter 113 - Sanitary Landfills for Municipal Solid Waste: Groundwater Protection Systems for the Disposal of Nonhazardous Wastes › Rule 567-113.13 - Postclosure Care Requirements

Current through Register Vol. 47, No. 3, July 24, 2024
All MSWLFs shall comply with the following postclosure care
				  requirements.
(1) Following closure of
				each MSWLF unit, the owner or operator must conduct postclosure care.
				Postclosure care must be conducted for 30 years, except as provided under
				subrule 113.13(2), and consist of at least the following:
a. Maintaining the integrity and
				effectiveness of any final cover, including making repairs to the cover as
				necessary to correct the effects of settlement, subsidence, erosion, or other
				events, and preventing run-on and runoff from eroding or otherwise damaging the
				final cover;
b. Maintaining and
				operating the leachate collection system in accordance with the requirements in
				paragraphs 113.7(5)
"b"
and 113.8(3)
"i,"
if
				applicable. The department may allow the owner or operator to stop managing
				leachate if the owner or operator demonstrates that leachate no longer poses a
				threat to human health and the environment;
c. Monitoring the groundwater in accordance
				with the requirements of rule 113.10(455B) and maintaining the groundwater
				monitoring system; and
d.
				Maintaining and operating the gas monitoring system in accordance with the
				requirements of rule 113.9(455B).
Iowa Administrative Code › Agency 567 - Environmental Protection Commission › Title VIII - Solid Waste Management and Disposal › Chapter 113 - Sanitary Landfills for Municipal Solid Waste: Groundwater Protection Systems for the Disposal of Nonhazardous Wastes › Rule 567-113.15 - Variances

Current through Register Vol. 47, No. 3, July 24, 2024
A request for a variance to this chapter shall be submitted
				  in writing pursuant to 561-Chapter 10. Some provisions of this chapter are
				  minimum standards required by federal law (see 40 CFR 258), and variances to
				  such provisions shall not be granted unless they are as protective as the
				  applicable minimum federal standards.