8 CAR § 60-413 – Cover material requirements

(a) Daily cover. Except as provided in subsection (d) of this section, the owners or operators of all Class 1 landfills must cover disposed solid waste with six inches (6”) of earthen material at the end of each operating day, or at more frequent intervals if necessary, to control disease vectors, fires, odors, blowing litter, and scavenging, and to limit the generation of leachate.
(b) Alternative cover materials. Alternative cover materials of an alternative thickness, other than at least six inches (6”) of earthen material, may be approved by the Director of the Division of Environmental Quality, either through individual requests or through generalized Division of Environmental Quality approval upon demonstration that the alternative material and thickness controls disease vectors, fires, odors, blowing litter, and scavenging without presenting a threat to human health and the environment.
(c) Interim cover material requirements. A compacted layer of cover soil of sufficient quantity to ensure there is no exposed waste, but not less than twelve inches (12”) in total thickness including the six inches (6”) of daily cover, or an approved alternate material, shall be applied upon surfaces that will not receive an additional application of waste of final cover within one hundred eighty (180) days.
(d) Waiver.
1. (1) The director may grant a temporary waiver from the requirement of subsections (a), (b), and (c) of this section if the owner or operator satisfactorily demonstrates that extreme conditions exist that make meeting such requirements impractical.
2. (2) Failure of the operator to stockpile adequate cover material shall not constitute justification for a waiver under this section.