Standards for designated waste disposal sites:

1. (1) The owner or operator of the designated waste disposal facility shall sign and date the waste shipping paper upon its receipt and acceptance of the shipment;

2. (2) Each owner or operator of an active waste disposal site that received asbestos-containing waste material from a source covered by this rule shall meet the following requirements:

   1. (A) At least once every twenty-four-hour period while the site is in continuous operation, the asbestos-containing waste material that has been deposited at the site during the operating day or previous twenty-four-hour period shall:

      1. (i) Be covered with at least fifteen centimeters (15 cm), or six inches (6”), of compacted nonasbestos-containing material;

      2. (ii)

         1. (a) (a) Be covered with a resinous or petroleum-based dust suppression agent that effectively binds dust and controls wind erosion.
         2. (b) (b) Such an agent shall be used in the manner and frequency recommended for the particular dust by the dust suppression agent manufacturers to achieve and maintain dust control.
      3. (c) (c) Other equally effective dust suppression agents may be used upon prior approval by the Director of the Division of Environmental Quality.
      4. (d) (d) For purposes of this subdivision (2)(A)(ii), any used, spent, or other waste oil is not considered a dust suppression agent; or

      5. (iii) Use an alternative emissions control method that has received prior written approval by the director demonstrating the following criteria:

         1. (a) (a) The alternative method will control asbestos emissions equivalent to currently required methods;
         2. (b) (b) The suitability of the alternative method for the intended application;
      6. (c) (c) The alternative method will not violate other laws or rules; and
      7. (d) (d) The alternative method will not result in increased water pollution, land pollution, or occupational hazards;

   2. (B) For all asbestos-containing waste material received, the owner or operator of the active waste disposal site shall maintain a copy of the waste shipping papers as addressed in 20 CAR § 860-503(1) using a form with the following information:

      1. (i) The name, address, and telephone number of the waste generator;
      2. (ii) The name, address, and telephone number of the transporter or transporters;
      3. (iii) The quantity of the asbestos-containing waste material in cubic meters (cubic yards); and
      4. (iv) The date of the receipt;
   3. (C) As soon as possible and no longer than thirty (30) calendar days after receipt of the waste, send a copy of the signed waste shipment record to the waste generator;

   4. (D)

      1. (i) Upon discovering a discrepancy between the quantity of waste designated on the waste shipment records and the quantity actually received, attempt to reconcile the discrepancy with the waste generator.

      2. (ii)

         1. (a) (a) If the discrepancy is not resolved within fifteen (15) calendar days after receiving the waste, immediately report in writing to the:
3. (1) (1) Local, state, or United States Environmental Protection Agency regional office responsible for administering the asbestos NESHAP program for the waste generator; and

4. (2) (2) If different, the local, state, or United States Environmental Protection Agency regional office responsible for administering the asbestos NESHAP program for the disposal site.

   1. (b) (b) Describe the discrepancy and attempts to reconcile it, and submit a copy of the waste shipment record along with the report;

   2. (E)

      1. (i) Report in writing to the division official responsible for administering the asbestos program for the waste generator, identified in the waste shipment record, and, if different, the local, state, or United States Environmental Protection Agency regional office responsible for administering the asbestos NESHAP program for the disposal site, by the following working day, the presence of a significant amount of improperly enclosed or uncovered waste.
      2. (ii) Submit a copy of the waste shipment record along with the report; and
   3. (F) Furnish upon request and make available during normal business hours for inspection by the division all records required under this subpart;
5. (3) Retain a copy of all records and reports required by this subpart for at least two (2) years from the date of disposal;
6. (4) Maintain, until closure, records of the location, depth and area, and quantity in cubic meters (cubic yards) of asbestos-containing waste material within the disposal site on a map or diagram of the disposal area;
7. (5) Upon closure of a facility, submit to the division a copy of records of asbestos waste disposal locations and quantities;

8. (6)

   1. (A) The division shall be notified in writing at least forty-five (45) calendar days prior to excavating or otherwise disturbing any asbestos-containing waste material that has been deposited at a waste disposal site and is covered.
   2. (B) If the excavation will begin on a date other than the date contained in the original notice, notice of the new start date must be provided to the division at least ten (10) working days before excavation begins and in no event shall excavation begin earlier than the date specified in the original notification.

   3. (C) Include the following information in the notice:

      1. (i) Scheduled start and completion dates;
      2. (ii) Reason or reasons for disturbing the waste;
      3. (iii) Procedures to be used to control emissions during the excavation, storage, transport, and ultimate disposal of the excavated asbestos-containing waste material (if deemed necessary, the division may require changes in the emission control procedures to be used; and
      4. (iv) Location of any temporary storage site and the final disposal site; and

9. (7)

   1. (A) Within sixty (60) calendar days of a site becoming inactive and after the effective date of this rule, a notation shall be recorded, in accordance with state law, on the deed to the facility property and on any other instrument that would normally be examined during a title search.

   2. (B) This notation will in perpetuity notify any potential purchaser of the property that:

      1. (i) The land has been used for the disposal of asbestos-containing waste material; and
      2. (ii) The survey plot and record of the location and quantity of asbestos-containing waste disposed of within the disposal site required in subdivision (4) of this section have been filed with the division.