PURPOSE: This rule pertains to the design and operation of a sanitary landfill.

Editor’s Note: The secretary of state has determined that the publication of this rule in its entirety would be unduly cumbersome or expensive. The entire text of the material referenced has been filed with the secretary of state. This material may be found at the Office of the Secretary of State or at the headquarters of the agency and is available to any interested person at a cost established by state law.

1. (1) General Provisions.

   1. (A) This rule is intended to provide for sanitary landfill area operations that will have minimal impact on the environment. The rule sets forth requirements and the method of satisfactory compliance to ensure that the design, construction and operation of sanitary landfills will protect the public health, prevent nuisances and meet applicable environmental standards. The requirement subsections contained in this rule delineate minimum levels of performance required of any sanitary landfill operation. The satisfactory compliance subsections are presented as the authorized methods by which the objectives of the requirements can be realized. The satisfactory compliance subsections are based on the practice of sanitary landfilling municipal solid waste. If techniques other than those listed as satisfactory compliance in design or operation are used, it is the obligation of the sanitary landfill owner/operator to demonstrate to the department in advance that the techniques to be employed will satisfy the requirements. Procedures for the techniques shall be submitted to the department in writing and approved by the department in writing prior to being employed. Notwithstanding any other provision of these rules, when it is found necessary to meet objectives of the requirement subsections, the department may require changes in design or operation as the condition warrants.
   2. (B) Owners/operators of sanitary landfills that close after October 9, 1991 and prior to October 9, 1993, and do not apply the final cover and establish vegetation on the sanitary landfill within one hundred eighty (180) days of last receipt of waste, or an alternative time frame negotiated with the department, are subject to all the requirements of this rule.
   3. (C) Sanitary landfills not in compliance with the requirements of this chapter and of 10 CSR 80-2 are considered to be open dumps, which are prohibited by state law.

2. (2) Solid Waste Accepted.

   1. (A) Requirement. Only the following solid wastes shall be accepted for disposal in a sanitary landfill: municipal waste; bulky waste; demolition and construction wastes; brush and wood wastes; cut, chipped or shredded tires as defined in 10 CSR 80-8; soil; rock; concrete; related inert solids relatively insoluble in water; and incinerator and air pollution control residues generated from facilities exempted under 10 CSR 80-2.020(9)(A)2.
   2. (B) Satisfactory Compliance—Design. The plans shall specify the types of waste to be accepted for disposal at a sanitary landfill.

   3. (C) Satisfactory Compliance—Operations.

      1. 1. Certain bulky solid wastes, such as

automobile bodies and furniture shall be crushed on solid ground and then pushed onto the working face near the bottom of the cell. Other bulky items, such as demolition wastes, tree stumps and large timbers shall be pushed onto the working face near the bottom of the cell. Bulky waste shall be excluded from the first layer of waste placed above a composite liner to ensure that the integrity of the liner and leachate collection system has been maintained.

1. 2. Dead animals shall be placed on the

working face with other municipal solid wastes and covered immediately with solid waste or soil.

1. 3. The disposal of special wastes which

have been approved in the construction permit shall be conducted in accordance with the approved design and operating plans plus any additional procedures determined by the department as necessary to protect the environment.

1. 4. For the disposal of special wastes not

specifically approved in the construction permit, a special waste disposal request form shall be completed by the generator of the waste and the operator of the sanitary landfill prior to acceptance and disposal of the waste. The completed request shall be retained in the sanitary landfill operating record. Neither a permit modification nor prior approval is required unless deemed necessary by the department due to the characteristics of the special waste.

1. (3) Solid Waste Excluded.

   1. (A) Requirement. The following are excluded from disposal: 10 CSR 80-3

      1. 1. Regulated quantities of hazardous

waste;

1. 2. Radioactive materials as follows:

   1. A. The tailings or wastes produced by

the extraction or concentration of uranium or thorium from any ore processed primarily for its source material content as defined in the Atomic Energy Act of 1954, 42 U.S.C. section 2014(e)(2)(1996);

1. B. Any radioactively-contaminated

material used in or resulting from the cleanup of radioactively-contaminated sites;

1. C. Any byproduct, source or special

nuclear material regulated by the Atomic Energy Act of 1954;

1. D. Radioactive material used in or

resulting from medical processes or liquid radioactive material, unless the material has a half-life of less than thirty (30) days;

1. E. Naturally Occurring Radioactive

Material (NORM) except with prior written approval from the Missouri Department of Natural Resources;

1. F. Any accelerator-produced radioiso-

topes, unless the material has a half-life of less than thirty (30) days;

1. G. Smoke detectors, electron tubes,

luminous wristwatches and clocks, luminous lock illuminators, luminous automobile shift quadrants, luminous marine compasses and luminous thermostat dials and pointers in quantities greater than ten (10) items from any single source;

1. H. “Low-level radioactive waste” as

defined in section 260.700, RSMo as radioactive waste that is not classified as high-level radioactive waste and that is class A, B, or C low-level radioactive waste as defined in 10 CFR 61.55, as that section existed on January 26, 1983. “Low-level radioactive waste” or “waste” does not include any such radioactive waste that is owned or generated by the United States Department of Energy; by the United States Navy as a result of the decommissioning of its vessels, or as a result of any research, development, testing or production of any atomic weapon; and

1. I. Any greater-than-class-C radioac-

tive waste;

1. 3. Explosives;
2. 4. Regulated quantities of polychlorinat-

ed biphenyls (PCBs);

1. 5. Bulk liquids;
2. 6. Highly flammable or volatile sub-

stances;

1. 7. Septic tank pumpings;
2. 8. Major appliances;
3. 9. Waste oil;
4. 10. Lead-acid batteries;
5. 11. Waste tires as provided by 10 CSR

80-8.020;

1. 12. Yard waste; and
2. 13. Infectious waste as provided by 10

CSR 80-7.010.

1. (B) Satisfactory Compliance—Design.

   1. 1. In consultation with the department,

the applicant shall determine what wastes are to be accepted and shall identify them in the plan and the application for a construction permit. The criteria used to determine whether the waste can be accepted shall include the design of the landfill, the physical and chemical characteristics of the wastes, the quantity of the wastes, and the proposed operating procedures.

1. 2. The plans shall specify the operating

procedures for screening and removal of wastes which are excluded from disposal according to subsection (3)(A) of this rule. Operating procedures for the screening and removal of excluded wastes shall include:

1. A. At a minimum, random inspec-

tions of incoming loads unless the owner/operator takes other steps to ensure that incoming solid wastes do not contain wastes excluded from disposal at sanitary landfills;

1. B. Records of any inspections;
2. C. Training of facility personnel to

recognize unacceptable wastes; and

1. D. Immediate notification of the

department if a regulated hazardous waste, regulated PCB waste, or infectious waste is discovered at the facility.

1. (C) Satisfactory Compliance—Operations.

   1. 1. A sign with the following wording

shall be displayed prominently at the site entrance. “Regulated hazardous waste, radioactive materials, polychlorinated biphenyls (PCBs), bulk liquids, highly flammable or volatile substances, septic tank pumpings, major appliances, waste oil, leadacid batteries, waste tires as provided by 10 CSR 80-8, yard waste, explosives and regulated infectious waste are excluded from disposal.”

1. 2. The operating procedures for screen-

ing of wastes and for removal of wastes which are excluded from disposal according to subsection (3)(A) of this rule shall be implemented.

1. 3. Bulk or noncontainerized liquid waste

shall not be placed in a sanitary landfill unless—

1. A. The waste is household waste oth-

er than septic waste; or

1. B. The waste is leachate or gas con-

densate derived from the sanitary landfill, and the sanitary landfill is designed with a composite liner and leachate collection system as described in sections (9) and (10). The owner/operator of sanitary landfill conducting recirculation shall submit a request for departmental approval to recirculate leachate or gas condensate.

1. 4. Containers holding liquid waste may

not be placed in a sanitary landfill unless—

1. A. The container is a small container

similar in size to that normally found in household waste; or

1. B. The waste is household waste.

1. (4) Site Selection.

   1. (A) Requirement. Site selection and utilization shall include a study and evaluation of geologic and hydrologic conditions and soils at the proposed sanitary landfill and an evaluation of the environmental effect upon the projected use of the completed sanitary landfill. Owners/operators shall document compliance with all applicable siting restrictions and shall submit this documentation to the department by April 9, 1994, for existing sanitary landfills or prior to receiving a construction permit for sanitary landfills permitted after January 1, 1996. Any existing sanitary landfill that cannot demonstrate compliance with paragraphs (4)(B)1. through (4)(B)6. must close by October 9, 1996.

   2. (B) Satisfactory Compliance—Design.

      1. 1. Airport safety.

         1. A. Owners/operators of sanitary land-

fills operating after October 9, 1993, that are located within ten thousand feet (10,000') of any airport runway end used by turbojet aircraft or within five thousand feet (5,000') of any airport runway end used by only pistontype aircraft shall demonstrate to the department that the sanitary landfills are designed and operated so that the landfill does not pose a bird hazard to aircraft.

1. B. Owners/operators proposing to site

new sanitary landfills and horizontal expansions of existing sanitary landfills within a five (5)-mile radius of any airport runway end used by turbojet aircraft or piston-type aircraft shall notify the affected airport and the Federal Aviation Administration (FAA).

1. 2. Owners/operators of sanitary land-

fills, operating after October 9, 1993, located in one hundred (100)-year floodplains shall demonstrate to the department that the sanitary landfill will not restrict the flow of the one hundred (100)-year flood, reduce the temporary water storage capacity of the floodplain, or result in washout of solid waste so as to pose a hazard to public health or the environment.

1. 3. Wetlands.

   1. A. Sanitary landfills permitted after

October 9, 1993, and unfilled surfaces of existing sanitary landfills shall not be located in wetlands, unless the owner/operator can make the following demonstrations to the department:

1. (I) The presumption that a practica-

ble alternative to the proposed landfill is available which does not involve wetlands is clearly rebutted;

1. (II) The construction and operation

of the sanitary landfill will not—

1. (a) Cause or contribute to viola-

tions of any applicable state water quality standard;

1. (b) Violate any applicable toxic

effluent standard or prohibition under section 307 of the federal Clean Water Act;

1. (c) Jeopardize the continued

existence of endangered or threatened species or result in the destruction or adverse modification of a critical habitat, protected under the Endangered Species Act of 1973; and

1. (d) Violate any requirement

under the Marine Protection, Research, and Sanctuaries Act of 1972 for the protection of a marine sanctuary;

1. (III) The sanitary landfill will not

cause or contribute to significant degradation of wetlands. The owner/operator shall demonstrate the integrity of the sanitary landfill and its ability to protect ecological resources by addressing the following factors:

1. (a) Erosion, stability and migra-

tion potential of native wetland soils, muds and deposits used to support the landfill;

1. (b) Erosion, stability and migra-

tion potential of dredged and fill materials used to support the landfill;

1. (c) The volume and chemical

nature of the waste disposed of in the landfill;

1. (d) Impacts on fish, wildlife and

other aquatic resources and their habitat from potential release of solid waste from the landfill;

1. (e) The potential effects of con-

tamination of the wetland and the resulting impacts on the environment; and

1. (f) Any additional factors, as

necessary, to demonstrate that ecological resources in the wetland are sufficiently protected;

1. (IV) Steps have been taken to

attempt to achieve no net loss of wetlands (as defined by acreage and function) by first avoiding impacts to wetlands to the maximum extent practicable as required by subparagraph (4)(B)3.A. of this rule, then minimizing unavoidable impacts to the maximum extent practicable, and finally offsetting remaining unavoidable wetland impacts through all appropriate and practicable compensatory mitigation actions (for example, restoration of existing degraded wetlands or creation of man-made wetlands); and

1. (V) The requirements of paragraph

(4)(B)3. may be satisfied by the owner/operator obtaining a United States Army Corps of Engineers permit for construction in a wetland or by demonstrating that the wetland is not regulated by the United States Army Corps of Engineers, or other appropriate agency.

1. 4. Sanitary landfills permitted after

October 9, 1993, and unfilled surfaces of existing sanitary landfills located in the seismic impact zone shall not be located within two hundred feet (200') of a fault that has had displacement in Holocene time unless that owner/operator demonstrates to the department that an alternative setback distance of less than two hundred feet (200') will prevent damage to the structural integrity of the landfill and will be protective of public health and the environment.

1. 5. Sanitary landfills permitted after

October 9, 1993, and unfilled surfaces of existing sanitary landfills shall not be located in seismic impact zones, unless the owner/operator demonstrates to the department that all containment structures, including liners, final covers, leachate collection systems and surface water control systems, are designed to resist permanent cumulative earthquake displacements not to be greater than six inches (6"), resulting from the maximum credible Holocene time earthquake event’s acceleration versus time history.

1. 6. Owners/operators of sanitary land-

fills, operating after October 9, 1993, located in an unstable area shall demonstrate to the department that the sanitary landfill’s design ensures that the integrity of the structural components of the sanitary landfill will not be disrupted. The owner/operator shall consider the following factors, at a minimum, when determining whether an area is unstable:

1. A. On-site or local rock or soil condi-

tions that may result in failure or significant differential settling;

1. B. On-site or local geologic or geo-

morphologic features; and

1. C. On-site or local human-made fea-

tures or events (both surface and subsurface).

1. 7. Plans shall include:

   1. A. A map showing initial and pro-

posed topographies at contour intervals of five feet (5') or less. This map shall have a scale of not less than one inch (1") equal to one hundred feet (100'). If the entire site cannot be illustrated on one (1) plan sheet, an additional map with appropriate horizontal and vertical scales that allows the site to be shown on one (1) standard plan sheet is required;

1. B. A map showing the land use and

zoning within one-fourth (1/4) mile of the sanitary landfill including location of all residences, buildings, wells, water courses, springs, lakes, rock outcroppings, caves, sinkholes and soil or rock borings. All electric, gas, water, sewer and other utility easements or lines that are located on, under or over the sanitary landfill shall be shown on the map. This map shall have a scale of not less than one inch (1”) equals four hundred feet (400’);

1. C. A description of the projected use

of the closed sanitary landfill. In addition to maintenance programs and provisions, where necessary for monitoring and controlling decomposition gases and leachate, the plans shall address the following ultimate use criteria:

1. (I) Structures. It is not recommend-

ed practice to construct major structures within the permitted area of a closed sanitary landfill. If major structures are to be built within the permitted area of a closed sanitary landfill, prior written approval from the department is required. A professional engineer shall approve their design and construction, including provision for protection against potential hazards of solid waste decomposition gases; and

1. (II) Other uses. Appropriate

design, construction and operating provisions for the sanitary landfill shall be specified to complement the projected future use; and

1. D. An evaluation of the characteristics

and quantity of available on-site soil with respect to its suitability for sanitary landfilling operations. The engineering properties and quantity estimates of the on-site soil shall be discussed and shall include:

1. (I) Texture. Sieve and hydrometer

analyses shall be performed to determine grain size distribution of representative soil samples. Texture may be determined by using the procedures described in ASTM method D422-63 or the procedures described in Appendix D of Engineer Manual 1110-2- 1906, prepared by the United States Army Corps of Engineers;

1. (II) Plasticity. The liquid limit,

plastic limit and plasticity index of representative soil samples shall be determined. Plasticity may be determined by using the procedures described in ASTM method D4318-84 or the procedures described in Appendix III of Engineer Manual 1110-2-1906, prepared by the United States Army Corps of Engineers;

1. (III) Hydraulic conductivity. Labo-

ratory hydraulic conductivity tests shall be performed upon undisturbed representative soil samples using a flexible wall permeameter (ASTM D-5084). If an aquifer is found to be laterally continuous across the anticipated limit of the proposed landfill, the hydraulic conductivity of each significant 10 CSR 80-3

continuous geologic unit must be determined. Examples of accepted field tests are in situ slug or pump tests which isolate the geologic unit of interest; and

1. (IV) Area extent and depth. The

area extent and depth of soil suitable for landfill construction shall be determined. Variations in soil depth shall be clearly described.

1. 8. If the base of the landfill liner will be

in contact with groundwater, the applicant shall demonstrate to the department’s satisfaction that the groundwater will not adversely impact the liner.

1. (C) Satisfactory Compliance—Operations.

   1. 1. The sanitary landfill shall be accessi-

ble to vehicles which the sanitary landfill is designed to serve by all-weather roads leading from the public road system; temporary roads shall be provided as needed to deliver wastes to the working face.

1. 2. The sanitary landfill shall not be

located in an area where the public roads or access roads to the sanitary landfill may be flooded preventing use of the sanitary landfill unless an alternate sanitary landfill is available.

1. (5) Design.

   1. (A) Requirement. Plans, addendums, asbuilt drawings, or other documents which describe the design, construction, operation, or closure of a sanitary landfill or which request an operating permit modification for the sanitary landfill shall be prepared or approved by a professional engineer. These documents shall be stamped or sealed by the professional engineer and submitted to the department for review and approval.

   2. (B) Satisfactory Compliance—Design.

      1. 1. Plans submitted as part of an applica-

tion for a construction permit after the effective date of this rule shall provide for the maintenance of a one hundred foot (100')- buffer zone between the outer edge of the landfill liner and any property line(s) or any right-of-way(s) of adjoining road(s) when the property line(s) is inside the right-of-way(s) to provide room for assessment and/or remedial actions.

1. 2. The plan shall include an operating

manual describing the various tasks that shall be performed during a typical shift.

1. 3. Owners/operators of sanitary landfills

shall demonstrate how adverse geologic and hydrologic conditions may be altered or compensated for via surface water drainage diversion, underdrains, sumps, and other structural components. All alterations of the site shall be detailed in the plans.

1. A. Precipitation, evapotranspiration

and climatological conditions shall be considered in site selection and design.

1. B. Engineering plans and specifica-

tions that have computer models attached to them shall list the limitations and assumptions of each model used in the application.

1. 4. Plans shall include stability analyses

for all stages of landfill construction.

1. A. Settlement and bearing capacity

analysis shall be performed on the in-place foundation material beneath the disposal area. The effect of foundation material settlement on the liner and leachate collection system shall be evaluated.

1. B. Stability analysis shall be per-

formed on all liner and leachate system components.

1. C. Leachate collection pipe material

and drainage media shall be analyzed to demonstrate that these components possess structural strength to support maximum loads imposed by overlying waste materials and equipment.

1. D. Waste mass stability analysis shall

be performed on the disposal area at final waste grade conditions and at intermediate slope conditions.

1. E. Stability analysis shall be per-

formed on all final cover system components, including an evaluation of the effect of waste settlement on the final cover system components, side-slope liner system components, surface water management system components and gas migration system components.

1. (C) Satisfactory Compliance—Operations.

   1. 1. Construction and operation of the

sanitary landfill shall be conducted in accordance with the engineering plans and specifications approved by the department.

1. 2. The operating manual describing the

various tasks that shall be performed during a typical shift shall be available to employees for reference and to the department upon request.

1. 3. Phase development drawings shall be

included with the application.

1. (6) Quality Assurance/Quality Control (qa/qc).

   1. (A) Requirement. The construction, operation and closure of the sanitary landfill shall include quality assurance and quality control measures to ensure compliance with approved plans and all applicable federal, state and local requirements. The permittee shall be responsible for ensuring that the quality assurance/quality control supervision is conducted by a qualified professional.

   2. (B) Satisfactory Compliance—Design.

      1. 1. Plans shall include:

         1. A. A detailed description of the qa/qc

testing procedures that will be used for every major phase of construction. The description must include at a minimum, the frequency of inspections, field testing, laboratory testing, equipment to be utilized, the limits for test failure, and a description of the procedures to be used upon test failure;

1. B. A detailed procedure for the

reporting and recording of qa/qc activities and testing results; and

1. C. Continuous visual classification of

borrow soil during landfill construction by qualified qa/qc inspector(s) or certifying professional engineer.

1. 2. All qa/qc reports shall be reviewed

and approved by a professional engineer.

1. (C) Satisfactory Compliance—Operations.

   1. 1. At a minimum qa/qc testing shall

include:

1. A. Testing of each lift of the soil com-

ponent of the final cover and landfill liner for field density and field moisture once per every ten thousand (10,000) square feet and providing relatively uniform coverage over the landfill surface;

1. B. Laboratory hydraulic conductivity

testing of the soil used for liner construction once for every five thousand (5,000) cubic yards of liner constructed;

1. C. Continuous visual classification of

borrow soil during landfill construction by qualified qa/qc inspector(s) or certifying professional engineer;

1. D. Measuring the elevations of the

final cover and the landfill liner on a maximum spacing of one hundred-foot (100') centers and at one hundred-foot (100') intervals along each line where a break in slope occurs.

1. (I) Landfill liner. Measuring the

elevations of the top and bottom of the landfill liner.

1. (II) Final cover. Measuring the ele-

vations of the top and bottom of—

1. (a) The compacted clay layer

supporting the geomembrane liner; and

1. (b) The soil layer supporting

vegetative growth;

1. E. Nondestructive testing of all seams

of the geomembrane in the landfill liner and final cover;

1. F. Random destructive testing of the

seams of the geomembrane liner in the landfill liner and final cover on an average frequency of at least one (1) every five hundred (500) linear feet of seams; and

1. G. Verification of the thickness of the

leachate collection media by qualified qa/qc inspector(s) or certifying professional engineer on one hundred-foot (100') centers.

1. 2. All testing shall be performed under

the direction of qualified qa/qc inspectors for every major phase of construction.

1. 3. The qa/qc plan shall provide the fol-

lowing components:

1. A. Leachate collection system.

Reports prepared or approved by the professional engineer transmitting the results of the qa/qc procedures and stating that the leachate collection system was constructed according to the approved design or describing any deviations from the approved design; and

1. B. Liner. The liner specified by sec-

tion (10) of this rule shall be constructed in accordance with the approved design specifications. The qa/qc procedures shall include:

1. (I) Evidence that the liner materi-

al(s) utilized meet the minimum design specifications;

1. (II) Evidence that field construction

techniques are resulting in the minimum design specifications (for example, soil density tests);

1. (III) Evidence that the liner con-

struction is proceeding as designed through regular verification using a predetermined system of horizontal and vertical survey controls; and

1. (IV) Oversight of the liner con-

struction and qa/qc procedures by a professional engineer. This shall include reports prepared, or approved, by the professional engineer transmitting the results of the qa/qc procedures and stating that the liner was constructed according to design or describing any deviations from the design.

1. (7) Survey Control.

   1. (A) Requirement. Benchmarks, horizontal controls and boundary markers shall be established by a land surveyor to check and mark the location and elevations of the sanitary landfill. Construction stakes marking an individual section(s) or phase(s) shall be established as necessary to ensure the construction and operation proceed in accordance with approved plans.

   2. (B) Satisfactory Compliance—Design.

      1. 1. Boundary survey. A survey of the

entire permitted acreage shall be conducted in accordance with the current Minimum Standards for Property Boundary Surveys 10 CSR 30-2.010.

1. 2. Vertical control. The land surveyor

shall establish a permanent monument as a benchmark or confirm the prior establishment of a benchmark on or adjacent to the property. The elevation shall be on the North American Vertical Datum, 1929 or similar well documented datum. If no such established datum exists within one (1) mile of the property, a project datum may be assigned to the benchmark. The benchmark shall be clearly shown on the survey plat.

1. 3. Horizontal control. The land survey-

or shall establish three (3) permanent monuments as horizontal control stations. These stations shall form a triangle whose sides shall not be less than one thousand feet (1000'). The location of the horizontal control will be shown on the survey plat.

1. 4. The land surveyor shall establish

boundary markers designating the entire permitted acreage which shall be composed of material which will last throughout the life of the sanitary landfill.

1. 5. Construction stakes. Stakes marking

the individual section(s) or phase(s) specifically designated for the placement of solid waste are to be placed in locations and composed of material that is consistent with the operating life of the section or phase.

1. (C) Satisfactory Compliance—Operations.

   1. 1. All boundary markers, benchmarks,

horizontal control stations and construction stakes shall be clearly marked and identified.

1. 2. Missing or displaced benchmarks or

horizontal control stations shall be replaced or reestablished by or under the supervision of a land surveyor. The registered surveyor shall prepare a plat showing the replacement or reestablishment and furnish a copy to the department.

1. 3. Missing or displaced construction

stakes shall be replaced or reestablished as necessary to ensure the operations proceed in accordance with approved plans.

1. 4. The permanent monuments designat-

ing vertical and horizontal control stations and boundary markers designating the entire permitted acreage shall be placed prior to receiving an operating permit as required by 10 CSR 80-2.020(2)(B).

1. 5. Construction stakes marking the

active area shall be placed prior to deposition of waste in individual areas, sections or phases of the sanitary landfill as designated by the approved engineering plans.

1. (8) Water Quality.

   1. (A) Requirement. The location, design, construction and operation of the sanitary landfill shall minimize environmental hazards and shall conform to applicable ground and surface water quality standards and requirements. Applicable standards are federal, state or local standards and requirements that are legally enforceable.

   2. (B) Satisfactory Compliance—Design.

      1. 1. Plans shall include:

         1. A. A report on the detailed geologic

and hydrologic investigation of the site as required by 10 CSR 80-2.015.

1. B. Current and projected use of water

resources in the potential zone of influence of the sanitary landfill;

1. C. Groundwater elevation and pro-

posed separation between the lowest point of the lowest cell and the predicted maximum water table elevation;

1. D. Potential interrelationship of the

sanitary landfill, local aquifers and surface waters based on historical records or other sources of information;

1. E. Proposed location and design of

observation wells, sampling stations and testing program planned; and

1. F. Provisions for surface water runoff

control to minimize infiltration and erosion of cover. All applicable permits and approvals necessary to comply with requirements of the Missouri Clean Water Law and corresponding rules shall be obtained from the department.

1. (I) The area of the watershed which

will be affected by the sanitary landfill shall be specified.

1. (II) On-site drainage structures and

channels shall be designed to prevent flow onto the active portion of the sanitary landfill during peak discharge from at least a twentyfive (25)-year storm. The engineering calculations and assumptions shall be included and explained in the engineering report.

1. (III) On-site drainage structures and

channels shall be designed to collect and control at least the water volume resulting from a twenty-four (24)-hour, twenty-five (25)-year storm.

1. (IV) On-site drainage and channels

shall be designed to empty expeditiously after storms to maintain the design capacity of the system.

1. (V) Contingency plans for on-site

management of surface water which comes in contact with solid waste shall be specified.

1. (C) Satisfactory Compliance—Operations.

   1. 1. Surface water courses and runoff

shall be diverted from the sanitary landfill (especially from the working face) by devices such as ditches, berms, and proper grading. The sanitary landfill shall be constructed and graded so as to promote rapid surface water runoff without excessive erosion. Regrading shall be done as required during construction and after completion to avoid ponding of precipitation and to maintain cover integrity.

1. 2. The quantity of water coming in con-

tact with solid waste shall be minimized by the daily operational practices. Water which comes in contact with solid waste shall be managed as leachate in accordance with the approved plans.

1. (9) Leachate Collection System.

   1. (A) Requirement. A leachate collection system shall be designed, constructed, maintained and operated to collect and remove leachate from the sanitary landfill. 10 CSR 80-3

   2. (B) Satisfactory Compliance—Design. The potential for leachate generation shall be evaluated in determining the design of the system. Leachate flow quantities shall be estimated and the method(s) of leachate treatment and disposal shall be outlined. Leachate storage and treatment facilities shall comply with all currently applicable requirements of the Missouri Clean Water Law and corresponding rules. Construction quality assurance/quality control (qa/qc) procedures shall be included. Where a leachate treatment system is designed to have a discharge to the waters of the state, any required discharge permit(s) shall be obtained from the department in accordance with requirements of the Missouri Clean Water Law and corresponding rules.

      1. 1. Minimum design criteria for leachate

collection systems shall include the following:

1. A. Ponds and/or tanks of sufficient

capacity to store, equalize flow to disposal systems, and allow system/operating flexibility;

1. B. Construction material chemically

resistant to the waste managed in the sanitary landfill and the leachate expected to be generated;

1. C. Construction materials of suffi-

cient strength and thickness to prevent collapse under the pressures exerted by overlying solid wastes, cover, leachate, and by any equipment used at the sanitary landfill;

1. D. Design and operate systems to

function without clogging through the scheduled operating life, closure and post-closure of the sanitary landfill;

1. E. Design and operate systems to

maintain less than one foot (1') depth of leachate over the disposal area liner; and

1. F. Design and operate systems so that

any leachate formed will flow by gravity into collection areas from which the leachate can be removed, treated, and disposed.

1. 2. Leachate management by recircula-

tion within the permitted fill area shall be conducted in accordance with an approved engineering method.

1. 3. Any leachate collection system open

to the atmosphere must be designed to prevent discharge during a twenty-five (25)-year, twenty-four (24)-hour storm event. Plans shall include the calculations detailing the design.

1. 4. The applicant shall provide a method

of leachate management in the application. A secondary or “backup” method of leachate disposal will be required unless the applicant can demonstrate that a secondary method will not be necessary.

1. (C) Satisfactory Compliance—Operations.

   1. 1. The leachate collection systems spec-

ified by subsection (9)(B) shall be properly installed and operated in accordance with the permit and the approved design and plans and maintained for the thirty (30)-year post-closure care period, or as long as the department determines necessary.

1. 2. Leachate generated by the sanitary

landfill shall be controlled on-site and not be allowed to discharge off the sanitary landfill property or discharge into the waters of the state, except in accordance with the approved plans and the Missouri Clean Water Law and corresponding rules.

1. (10) Liner System.

   1. (A) Requirement. A liner shall be placed on all surfaces to minimize the migration of leachate from the sanitary landfill.

   2. (B) Satisfactory Compliance—Design. A composite liner shall be installed at all landfills permitted after October 9, 1993, and existing landfills with uncovered surfaces, as determined by the department on a site-bysite basis, that consists of two (2) components—

      1. 1. An upper component that shall con-

sist of a minimum thirty (30) mil thick geomembrane. Geomembrane components consisting of high density polyethylene (HDPE) shall be at least sixty (60) mil thick;

1. 2. A lower component that shall consist

of a least a two foot (2')-layer of compacted soil with a hydraulic conductivity of no more than 1 × 10-7 cm/sec. A compacted soil liner at a minimum shall be constructed of six to eight-inch (6–8") lifts, compacted to ninetyfive percent (95%) of standard Proctor density with the moisture content between optimum moisture content and four percent (4%) above the optimum moisture content, or within other ranges of density and moisture that are shown to provide for the liner to have a hydraulic conductivity no more than 1 × 10-7 cm/sec. The design shall include a detailed explanation of the construction techniques and equipment necessary to achieve ninety-five percent (95%) of the standard Proctor density under field conditions. The design also shall include qa/qc procedures to be followed during construction of the liner. The composite liner shall be protected from the adverse effects of desiccation or freeze/thaw cycles after construction, but prior to placement of waste. Traffic shall be routed so as to minimize the detrimental impact on the constructed liner prior to placement of waste. The soils used for this purpose shall meet the following minimum specifications:

1. A. Be classified under the Unified

Soil Classification Systems as CL, CH, or SC (ASTM Test D2487-85);

1. B. Allow more than thirty percent

(30%) passage through a No. 200 sieve (ASTM Test D1140);

1. C. Have a liquid limit equal to or

greater than twenty (20) (ASTM Test D4318- 84);

1. D. Have a plasticity index equal to or

greater than ten (10) (ASTM Test D4318-84); and

1. E. Have a coefficient of permeability

equal to or less than 1 × 10-7 cm/sec when compacted to ninety-five percent (95%) of standard Proctor density with the moisture content between optimum moisture content and four percent (4%) above the optimum moisture content, when tested by using (ASTM D-5084) a flexible wall permeameter or other procedures approved by the department;

1. 3. The geomembrane component shall

be installed in direct and uniform contact with the compacted soil component so as to minimize the migration of leachate through the geomembrane should a break occur; and

1. 4. All solid waste disposal areas shall

have a minimum bottom slope in any direction of flow of at lease one percent (1%).

1. (C) Satisfactory Compliance—Operations.

   1. 1. A test pad shall be constructed at the

site and tested to verify that the proposed construction and quality control (qc) procedures are adequate to ensure that the soil component of the composite liner system will meet the requirements of (10)(B)2. of this rule.

1. A. Construction and qc procedures to

be used during test pad construction shall be described in detail in the approved engineering report, and shall be identical to those proposed for liner construction with the following additions:

1. (I) At least two laboratory hydraulic

conductivity tests shall be performed on undisturbed samples of the completed test pad;

1. (II) At least one (1) in situ

hydraulic conductivity test shall be performed on the completed test pad; and

1. (III) At least two (2) test pits shall

be excavated into the completed test pad to observe interlift bonding.

1. B. If test pad construction and testing

shows that the proposed methods are not sufficient to meet the requirements of paragraph (10)(B)2. of this rule, a new test pad shall be constructed using revised procedures approved by the department.

1. 2. For phased construction, only one

test pad will be required.

1. 3. A final report shall be submitted to

the department which describes in detail the construction and qc procedures which were used to achieve satisfactory test pad performance.

1. A. The report must be approved by

the department prior to beginning construction of any portion of the composite liner system in the disposal area.

1. B. The report shall serve as guidance

for construction of the soil component of the composite liner system.

1. 4. The requirement for a test pad may be

waived provided—

1. A. The applicant can demonstrate to

the department’s satisfaction that construction and qc procedures identical to those described in the approved engineering report have resulted in construction of a liner which meets the requirements of paragraph (10)(B)2. of this rule; and

1. B. The soils proposed for liner con-

struction meet the following minimum specifications:

1. (I) Have a plasticity index greater

than fifteen (15) and less than thirty (30) (ASTM test D4318-84);

1. (II) Allow more than fifty percent

(50%) passage through a number 200 serve (ASTM D1140); and

1. (III) Have less than ten percent

(10%) by weight particle sizes greater than two (2) mm.

1. 5. The liner specified by subsection

(10)(B) of this rule shall be constructed in accordance with the approved design specifications.

1. (11) Groundwater Monitoring.

   1. (A) Requirements. The owner/operator of a sanitary landfill shall implement a groundwater monitoring program capable of determining the sanitary landfill’s impact on the quality of groundwater underlying the sanitary landfill.

   2. (B) Satisfactory Compliance—Design.

      1. 1. All sanitary landfills permitted after

October 9, 1993, shall be in compliance with all of the groundwater monitoring requirements of this section before an operating permit is issued. Existing sanitary landfills shall be in compliance with section (11)—

1. A. By October 9, 1994, if located less

than one (1) mile from a drinking water intake (surface or subsurface);

1. B. By October 9, 1995, if located

between one (1) mile and two (2) miles from a drinking water intake (surface or subsurface); or

1. C. By October 9, 1996, if located

greater than two (2) miles from a drinking water intake (surface or subsurface).

1. 2. The owner/operator of a sanitary

landfill shall establish the potential for migration of fluid generated by the sanitary landfill into the groundwater by an evaluation of—

1. A. A water balance of precipitation,

evapotranspiration, runoff and infiltration;

1. B. At a minimum, the following char-

acteristics:

1. (I) Geologic materials;
2. (II) Description of soil and bedrock

to a depth adequate to allow evaluation of water quality protection provided by the soil and bedrock;

1. (III) Groundwater elevation;
2. (IV) Proposed separation between

the lowest point of the lowest cell and the maximum water table elevation;

1. (V) Proximity of the sanitary land-

fill to water supply wells or surface water;

1. (VI) Rate and direction of ground-

water flow; and

1. (VII) Current and projected use of

water resources in the potential zone of influence of the sanitary landfill.

1. 3. A groundwater monitoring system

shall be capable of yielding groundwater samples for analysis and shall consist of—

1. A. Monitoring wells (at least one (1)

installed hydraulically upgradient; that is, in the direction of increasing static head from the sanitary landfill. The numbers, locations and depths shall be sufficient to yield groundwater samples that are—

1. (I) Representative of background

water quality in the groundwater near the sanitary landfill; and

1. (II) Not affected by the sanitary

landfill; and

1. B. Monitoring wells (at least three

(3)) installed hydraulically downgradient; that is, in the direction of decreasing hydraulic head from the sanitary landfill. The number, locations and depths shall ensure that they detect any significant amounts of fluids generated by the sanitary landfill that migrate from the sanitary landfill to the groundwater. Monitoring wells, or clusters of monitoring wells, shall be capable at a minimum, of monitoring all saturated zones down to and including the uppermost aquifer.

1. 4. All monitoring wells shall be con-

structed as per 10 CSR 23-4.

1. (C) Satisfactory Compliance—Operations.

   1. 1. Groundwater monitoring wells.

      1. A. Groundwater monitoring wells

shall be installed so that the number, spacing and depths of monitoring systems shall be determined based upon site-specific technical information that shall include thorough characterization of—

1. (I) Aquifer thickness, groundwater

flow rate, groundwater flow direction including seasonal and temporal fluctuations in groundwater flow; and

1. (II) Saturated and unsaturated geo-

logic units and fill materials overlying the uppermost aquifer, materials comprising the uppermost aquifer, and materials comprising the confining unit defining the lower boundary of the uppermost aquifer; including, but not limited to, thicknesses, stratigraphy, lithology, hydraulic conductivities and porosities.

1. B. The design and installation of

groundwater monitoring well systems shall be observed, supervised, and certified by a qualified groundwater scientist and approved by the department.

1. C. All groundwater monitoring wells

shall be operational prior to the acceptance of wastes, unless other arrangements are approved by the department.

1. D. The design, installation, develop-

ment, and decommissioning of monitoring wells and piezometers must be performed in accordance with 10 CSR 23-4.

1. 2. Sampling and reporting.

   1. A. Each groundwater monitoring pro-

gram must include consistent sampling and analysis procedures that are designed to ensure monitoring results that provide an accurate representation of groundwater quality at the background and downgradient wells installed in compliance with subsection (11)(B). The owner/operator must submit the sampling and analysis program to the department for approval. The program must include procedures and techniques for—

1. (I) Monitoring well maintenance;
2. (II) Monitoring well redevelop-

ment;

1. (III) Monitoring well depth mea-

surement and hydraulic levels;

1. (IV) Monitoring well purging and

sampling utilizing dedicated equipment;

1. (V) Equipment calibration;
2. (VI) Decontamination and field

blanks;

1. (VII) Sample and duplicate sample

collection; (VIII) Sample preservation;

1. (IX) Sample labeling;
2. (X) Sample handling;
3. (XI) Field measurements;
4. (XII) Field documentation; (XIII) Chain of custody control;
5. (XIV) Sample shipment;
6. (XV) Analytical procedures;
7. (XVI) Qa/qc control—field and

laboratory; and (XVII) Statistical testing strategy per paragraph (11)(C)5. for each parameter’s concentrations. 10 CSR 80-3

1. B. Each groundwater monitoring pro-

gram shall include sampling and analytical methods that are appropriate for groundwater sampling and that accurately measure hazardous constituents and other monitoring parameters in groundwater samples. Analysis shall be performed on unfiltered samples.

1. C. The sampling procedures and fre-

quency shall be protective of human health and the environment.

1. D. Groundwater elevations shall be

measured in each well immediately prior to purging, each time groundwater is sampled. The owner/operator shall determine the direction of groundwater flow each time groundwater is sampled. Groundwater elevations in wells which monitor the same solid waste disposal area shall be measured within a period of time short enough to avoid temporal variations in groundwater flow which could preclude accurate determination of groundwater flow direction.

1. 3. Baseline/background monitoring.

   1. A. The owner/operator shall establish

background groundwater quality for each of the monitoring parameters or constituents required under paragraphs (11)(C)4. To establish background, a minimum of four (4) quarterly samples of statistically independent sample data shall be obtained and analyzed from all monitoring wells during a minimum of one (1) year following well installation.

1. B. The number of samples collected

to establish background values for groundwater quality data shall satisfy the requirements of subsection (11)(C) and shall be consistent with the appropriate statistical procedures determined pursuant to paragraph (11)(C)5. The sampling procedures shall be those specified under paragraph (11)(C)4. for detection monitoring, paragraph (11)(C)6. for assessment monitoring and section (12) for corrective action.

1. 4. Detection monitoring.

   1. A. The owner/operator shall obtain

and analyze water samples from the groundwater monitoring wells during the months of May and November of each calendar year.

1. B. The following parameters shall be

analyzed each time a sample is obtained: Chemical Oxygen Demand (COD in milligrams per liter (mg/l)); Chlorides (Cl, (mg/l)); Iron (Fe, (mg/l)); pH (units); Specific Conductance (Conductivity at twenty-five degrees Celsius (25°C) in micromhos per centimeter (µmho/cm)); Total Dissolved Solids (TDS, (mg/l)); and All parameters listed in Appendix 1 of this rule. Additionally, the water level in each well shall be measured at the time the sample is taken.

1. C. The sample results, and any results

of statistical analysis determining statistically significant increases for any parameter per paragraph (11)(C)5., shall be submitted to the department in one (1) report within ninety (90) days of when samples are collected.

1. D. In the case of all detection moni-

toring requirements previously listed, the department may specify an appropriate alternative frequency for repeated sampling and analysis during the active life of the sanitary landfill (including closure) and the post-closure period. The department may add additional parameters or delete parameters on a site-by-site basis through an evaluation of waste and leachate characteristics of the sanitary landfill.

1. E. The electronic submission of

groundwater data is required. This submission shall be in the format and method as prescribed by the department.

1. 5. The owner/operator shall specify in

the operating record one (1) or more of the following statistical methods to be used in evaluating groundwater monitoring data for each monitoring constituent. The statistical test chosen shall be conducted separately for each constituent:

1. A. A parametric analysis of variance

(ANOVA) followed by multiple comparisons procedures to identify statistically significant evidence of contamination. The procedure shall include estimation and testing of the contrasts between each downgradient well’s mean and the upgradient means for each parameter;

1. B. An ANOVA based on ranks fol-

lowed by multiple comparisons procedures to identify statistically significant evidence of contamination. The procedure shall include estimation and testing of the contrasts between each downgradient well’s median and the background medians for each parameter;

1. C. A confidence interval procedure in

which an interval for each parameter in each downgradient well is constructed around the mean/median of the particular well’s data or data residuals and compared to the mean/median of pooled background well data;

1. D. A prediction interval procedure in

which an upper prediction limit for an interval for each parameter in each well is compared to subsequently obtained values from the same well;

1. E. A prediction interval procedure in

which an upper prediction limit for an interval for each parameter constructed on the pooled background well data or data residuals is compared to subsequently obtained values from each downgradient well;

1. F. A tolerance interval procedure in

which an upper tolerance limit for an interval for each parameter’s pooled background well data is compared to each downgradient well’s concentration values;

1. G. A multicomparison procedure uti-

lizing any recommended U.S. Environmental Protection Agency combinations of intra-well and inter-well procedures for each parameter;

1. H. A control chart approach, meeting

the performance standards of part (11)(C)5.J.(III), that gives control limits for each parameter;

1. I. A different statistical test method

that meets the performance standards of subparagraph (11)(C)5.J. of this rule. The owner/operator must submit the statistical test method to the department for approval before the use of the alternative test;

1. J. Any statistical method chosen

under subparagraph (11)(C)5.J. of this rule shall comply with the following performance standards, as appropriate:

1. (I) The statistical method used to

evaluate groundwater monitoring data shall be appropriate for the distribution of the concentration data for the chemical parameters or hazardous constituents. If the distribution of the concentration data for the chemical parameters or hazardous constituents is shown by the owner/operator to be inappropriate for a normal data distribution theory test, then the data should be transformed or a distribution-free (nonparametric) theory test should be used. If the concentration data distributions for the constituents of each well differ, more than one (1) statistical method will be needed;

1. (II) If an individual well compari-

son procedure is used to compare an individual compliance well constituent concentration with background constituent concentration or a groundwater protection standard, the test shall be done at a Type I error level no less than 0.01 for each testing period. If a multiple comparisons procedure is used, the Type I experiment-wide error rate for each testing period shall be no less than 0.05, however, the Type I error of no less than 0.01 for individual well comparisons shall be maintained. This performance standard does not apply to tolerance intervals, prediction intervals or control charts;

1. (III) If a control chart approach is

used to evaluate groundwater monitoring data, the specific type of control chart and its associated parameter values shall be protective of human health and the environment. The selection of this method shall be determined after considering the number of samples in the background data base, the data distribution, and the range of the concentration values for each constituent of concern;

1. (IV) If a confidence interval, toler-

ance interval or a prediction interval is used to evaluate groundwater monitoring data, then the level of confidence for each interval, and the percentage of the population that each interval contains, shall be protective of human health and the environment. Selection of one (1) or more of these methods shall be determined after considering the number of samples in the background data base, the data distribution, and the range of the concentration values for each constituent of concern;

1. (V) The statistical method shall

account for data below the limit of detection with one (1) or more statistical procedures that are protective of human health and the environment. Any practical quantization limit that is used in the statistical method shall be the lowest concentration level that can be reliably achieved within specified limits of precision and accuracy during routine laboratory operating conditions that are available to the facility; and

1. (VI) If necessary, the statistical

method shall include procedures to control or correct for seasonal and spatial variability as well as temporal correlation in the data.

1. 6. Response to statistical analysis.

   1. A. If the comparison for the upgradi-

ent wells show a statistically significant increase (or pH change) over background, the owner/operator shall submit this information to the department.

1. B. If the comparisons for downgradi-

ent wells show a statistically significant increase (or pH change) over background, the owner/operator shall immediately obtain two (2) additional groundwater samples from each downgradient well where a statistically significant difference was detected. One shall be analyzed by the owner; the other shall be analyzed by the department to determine whether the statistically significant difference was a result of laboratory error.

1. C. If the additional samples show a

statistically significant increase (or pH change) over background, the owner/operator must demonstrate to the department within ninety (90) days that a source other than the sanitary landfill caused the contamination or that the statistically significant increase resulted from an error in sampling, analysis, statistical evaluation or natural variation. If the owner/operator cannot make this demonstration to the department, the owner/operator shall submit a plan to the department for a groundwater assessment monitoring program and implement the program as described in subparagraphs (11)(C)6.D. through J. of this rule. The plan shall specify the following:

1. (I) The number, location and depth

of wells;

1. (II) Sampling and analytical meth-

ods for the monitoring parameters listed in Appendix II of this rule;

1. (III) Evaluation procedures, includ-

ing any use of previously gathered groundwater quality information;

1. (IV) The rate and extent of migra-

tion of a contaminant plume in the groundwater; and

1. (V) The concentrations of the con-

taminant plume in the groundwater.

1. D. Within ninety (90) days of begin-

ning an assessment monitoring program, and semiannually after that, the owner/operator shall sample and analyze the groundwater for all constituents identified in Appendix II of this rule. A minimum of one (1) sample from each downgradient well shall be collected and analyzed during the initial sampling event. A minimum of one (1) sample from each downgradient well at which Appendix II constituents were detected shall be collected and analyzed at each subsequent sampling event. For any new constituent detected during assessment monitoring (that was not detected during detection monitoring) in the downgradient wells, a minimum of four (4) statistically independent samples from each well (upgradient and downgradient) shall be collected and analyzed to establish background for the new constituents. The department may add additional parameters or delete parameters on a site-by-site basis through an evaluation of waste and leachate characteristics of the sanitary landfill.

1. E. The owner/operator shall establish

a groundwater protection standard for each constituent specified in Appendix II of this rule and detected in the groundwater. The groundwater protection standard shall be—

1. (I) For constituents for which a

maximum contaminant level (MCL) has been promulgated under section 1412 of the Federal Safe Drinking Water Act and found at 40 CFR part 141, the MCL for that constituent;

1. (II) For constituents for which

MCLs have not been promulgated, the background concentration for the constituent established from wells in accordance with paragraph (11)(C)3. of this rule;

1. (III) For constituents for which the

background level is higher than the MCL identified in part (11)(C)6.E.(I) of this rule, the background concentration; or

1. (IV) A level established by the

department based upon a consideration of relevant factors, including: multiple contaminants in the groundwater, exposure threats to sensitive environmental receptors, and other site-specific exposure or potential exposure to groundwater.

1. F. After obtaining the results from the

initial or subsequent sampling events required in subparagraph (11)(C)6.D. the owner/operator shall—

1. (I) Within fourteen (14) days, noti-

fy the department and place a notice in the operating record identifying the constituents that have been detected;

1. (II) Within ninety (90) days, and on

at least a semiannual basis after that, resample all wells and conduct analysis for all constituents listed in Appendix I to this rule and for those constituents listed in Appendix II of this rule that are detected in response to the requirements of subparagraph (11)(C)6.D. of this rule. Record the concentrations of each constituent in the facility operating record and notify the department of the constituent concentrations. A minimum of one (1) sample from each well sampled (background and downgradient) shall be collected and analyzed during these sampling events;

1. (III) Establish background concen-

trations for any new constituents detected during subsequent monitoring events; and

1. (IV) Establish groundwater protec-

tion standards for all new constituents detected during subsequent monitoring events.

1. G. If the concentrations of all con-

stituents listed in Appendix II to this rule are shown to be at or below background levels as established in paragraph (11)(C)3. of this rule for two (2) consecutive sampling periods, the owner/operator may reinstate detection monitoring at the sanitary landfill as specified under subparagraph (11)(C)3.C. of this rule.

1. H. If the concentrations of any con-

stituents listed in Appendix II of this rule are above background values, but all concentrations are below the groundwater protection standard established under subparagraph (11)(C)6.E. of this rule using the statistical procedures in paragraph (11)(C)5. of this rule, the owner/operator shall notify the department, and the department may require the owner/operator to—

1. (I) Continue assessment monitor-

ing; or

1. (II) Develop a corrective measures

assessment, or both.

1. I. If one (1) or more constituents list-

ed in Appendix II of this rule are detected at levels above the groundwater protection stan- 10 CSR 80-3

dard as established under subparagraph (11)(C)6.E., the owner/operator shall—

1. (I) Provide the department with a

report assessing potential corrective measures as required under subsection (11)(A);

1. (II) Characterize the nature and

extent of the release by installing additional monitoring wells as necessary; install at least one (1) additional monitoring well at the facility boundary in the direction of contaminant migration and sample this well in accordance with paragraph (11)(C)6. of this rule and notify all persons who own the land or reside on the land that directly overlies any part of the plume of contamination if contaminants have migrated off-site as indicated by sampling of wells; and

1. (III) Continue assessment monitor-

ing as per the groundwater quality assessment plan and as per the implementation of the corrective action program specified in section (12) of this rule.

1. J. The results of implementation of

the assessment monitoring program shall be submitted to the department at the end of each year or an alternate time period approved by the department.

1. (12) Corrective Action.

   1. (A) Assessment of Corrective Measures.

      1. 1. Within ninety (90) days of finding that

any of the constituents listed in Appendix II of this rule have been detected at a statistically significant level exceeding the groundwater protection standards defined under subparagraph (11)(C)6.E. of this rule, the owner/ operator shall initiate an assessment of corrective measures. This assessment shall be completed within a reasonable period of time, and a report describing the assessment of corrective measures shall be submitted to the department.

1. 2. The owner/operator shall continue to

monitor in accordance with the assessment monitoring program as specified in subparagraph (11)(C)6.F. of this rule.

1. 3. The assessment shall include an anal-

ysis of the effectiveness of potential corrective measures in meeting all of the requirements and objectives of the remedy as described under subsection (12)(B) of this rule, addressing at least the following:

1. A. The performance, reliability, ease

of implementation and potential impacts of appropriate potential remedies, including safety impacts, cross-media impacts and control of exposure to any residual contamination;

1. B. The time required to begin and

complete the remedy;

1. C. The costs of remedy implementa-

tion; and

1. D. The institutional requirements

such as state or local permit requirements or other environmental or public health requirements that may substantially affect implementation of the remedy(ies).

1. 4. The owner/operator shall discuss the

results of the corrective measures assessment, prior to the selection of remedy, in a public meeting with interested and affected parties.

1. (B) Selection of Remedy.

   1. 1. Based on the results of the corrective

measures assessment conducted under subsection (12)(A) of this rule the owner/operator shall propose a remedy that, at a minimum, meets the standards listed in paragraph (12)(B)2. of this rule. The owner/operator shall submit to the department, within fourteen (14) days of selecting a proposed remedy, a report describing the proposed remedy and shall place a copy of the report in the operating record that describes how the proposed remedy meets the standards in paragraph (12)(B)2. of this rule.

1. 2. Remedies shall—

   1. A. Be protective of the public health

and the environment;

1. B. Attain the groundwater protection

standard as specified pursuant to subparagraph (11)(C)6.E. of this rule;

1. C. Control the source(s) of releases so

as to reduce or eliminate, to the maximum extent practicable, further releases of constituents listed in Appendix II of this rule into the environment that may pose a threat to human health or the environment; and

1. D. Comply with standards for man-

agement of wastes as specified in paragraph (12)(C)4.

1. 3. In proposing a remedy that meets the

standards of paragraph (12)(B)2. of this rule, the owner/operator, and, in approving a remedy, the department shall consider the following evaluation factors:

1. A. The longand short-term effec-

tiveness and protectiveness of the potential remedy, along with the degree of certainty that the remedy will prove successful based on consideration of the following:

1. (I) Magnitude of reduction of exist-

ing risks;

1. (II) Magnitude of residual risks in

terms of likelihood of further releases due to waste remaining following implementation of the proposed remedy;

1. (III) The type and degree of long-

term management required, including monitoring, operation and maintenance;

1. (IV) Short-term risks that might be

posed to the community, workers or the environment during implementation of the remedy, including potential threats to human health and the environment associated with excavation, transportation and redisposal or containment;

1. (V) Time until full protection is

achieved;

1. (VI) Potential for exposure of

humans and environmental receptors to remaining wastes, considering the potential threat to human health and the environment associated with excavation, transportation, redisposal or containment;

1. (VII) Long-term reliability of the

engineering and institutional controls; and (VIII) Potential need for replacement of the remedy;

1. B. The effectiveness of the remedy in

controlling the source to reduce further releases based on consideration of the following factors:

1. (I) The extent to which contain-

ment practices will reduce further releases; and

1. (II) The extent to which treatment

technologies may be used;

1. C. The ease or difficulty of imple-

menting the potential remedy(ies) based on consideration of the following types of factors:

1. (I) Degree of difficulty associated

with constructing the remedy technology;

1. (II) Expected operational reliability

of the proposed technologies;

1. (III) Need to coordinate with and

obtain necessary approvals and permits from other agencies;

1. (IV) Availability of necessary

equipment and specialists; and

1. (V) Available capacity and location

of needed treatment, storage and disposal services; and

1. D. The degree to which community

concerns are addressed by the proposed remedy(ies).

1. 4. The owner/operator shall specify as

part of the proposed remedy a schedule(s) for initiating and completing remedial activities. This schedule shall require the initiation of remedial activities within a reasonable period of time taking into consideration the factors set forth in subparagraphs (12)(D)4.A. through H. of this rule. The owner/operator shall consider the following factors in determining, and the department will consider the following factors in approving, the schedule of remedial activities:

1. A. Extent and nature of contamina-

tion;

1. B. Practical capabilities of remedial

technologies in achieving compliance with groundwater protection standards established under subparagraph (11)(C)6.E. of this rule and other objectives of the remedy;

1. C. Availability of treatment or dispos-

al capacity for wastes managed during implementation of the remedy;

1. D. Desirability of utilizing technolo-

gies that are not currently available, but which may offer significant advantages over already available technologies in terms of effectiveness, reliability, safety or ability to achieve remedial objectives;

1. E. Potential risks to human health and

the environment from exposure to contamination prior to completion of the remedy;

1. F. Resource value of any affected

aquifer including:

1. (I) Current and future uses;
2. (II) Proximity and withdrawal rate

of users;

1. (III) Groundwater quantity and

quality;

1. (IV) The potential damage to

wildlife, crops, vegetation and physical structures caused by exposure to the waste constituent;

1. (V) The hydrogeologic characteris-

tic of the facility and surrounding land;

1. (VI) Groundwater removal and

treatment costs; and

1. (VII) The cost and availability of

alternative water supplies;

1. G. Practicable capability of the own-

er/operator; and

1. H. Other relevant factors.
2. 5. The department may determine that

remediation of a release of any constituent listed in Appendix II of this rule from a sanitary landfill is not necessary if the owner/operator demonstrates to the satisfaction of the department that—

1. A. The groundwater is additionally

contaminated by substances that have originated from a source other than a sanitary landfill and those substances are present in concentrations such that cleanup of the release from the sanitary landfill unit would provide no significant reduction in risk to actual or potential receptors;

1. B. The constituent(s) is present in

groundwater that—

1. (I) Is not a current or potential

source of drinking water; and

1. (II) Is not hydraulically connected

with waters to which the hazardous constituents are migrating or are likely to migrate in a concentration(s) that represents a statistically significant increase over background concentrations;

1. C. Remediation of the release(s) is

technically impracticable; or

1. D. Remediation would result in unac-

ceptable cross-media impacts.

1. 6. A determination by the department

pursuant to paragraph (12)(B)5. of this rule shall not affect the authority of the state to require the owner/operator to undertake source control measures or other measures that may be necessary to eliminate or minimize further releases to the groundwater, to prevent exposure to the groundwater, or to remediate the groundwater to concentrations that are technically practicable and which significantly reduce threats to human health or the environment.

1. (C) Implementation of the Corrective Action Program.

   1. 1. Based on the schedule established

under paragraph (12)(B)4. of this rule for initiation and completion of remedial activities the owner/operator shall—

1. A. Establish and implement a correc-

tive action groundwater monitoring program that—

1. (I) At a minimum, meets the

requirements of an assessment monitoring program under paragraph (11)(C)6. of this rule;

1. (II) Indicates the effectiveness of

the corrective action remedy; and

1. (III) Demonstrates compliance with

groundwater protection standard pursuant to subparagraph (11)(C)6.E. of this rule.

1. B. Implement the corrective action

remedy selected under subsection (12)(B) of this rule; and

1. C. Take any interim measures neces-

sary, any measures determined to be necessary by the department, or both, to ensure the protection of human health and the environment. Interim measures shall, to the greatest extent practicable, be consistent with the objectives of and contribute to the performance of any remedy that may be required pursuant to subsection (12)(B) of this rule. The following factors shall be considered by an owner/operator, and will be considered by the department, in determining whether interim measures are necessary:

1. (I) Time required to develop and

implement a final remedy;

1. (II) Actual or potential exposure of

nearby populations or environmental receptors to hazardous constituents;

1. (III) Actual or potential contamina-

tion of drinking water supplies or sensitive ecosystems;

1. (IV) Further degradation of the

groundwater that may occur if remedial action is not initiated expeditiously;

1. (V) Weather conditions that may

cause hazardous constituents to migrate or be released;

1. (VI) Risks of fire or explosion, or

potential for exposure to hazardous constituents as a result of an accident or failure of a container or handling system; and

1. (VII) Other situations that may

pose threats to human health and the environment.

1. 2. The department may determine,

based on information developed after implementation of the remedy has begun or other information, that compliance with requirements of paragraph (12)(B)2. of this rule are not being achieved through the remedy selected. In those cases, the owner/operator shall implement other methods or techniques that will achieve compliance with the requirements, unless the department makes the determination under paragraph (12)(C)3. of this rule.

1. 3. If the department determines that

compliance with requirements under paragraph (12)(B)2. of this rule cannot be practically achieved with any currently available methods, the owner/operator shall—

1. A. Obtain the certification of a quali-

fied groundwater scientist and approval from the department that compliance with the requirements under paragraph (12)(B)2. cannot be practically achieved with any currently available methods;

1. B. Implement alternative measures to

control exposure of humans or the environment to residual contamination, as necessary to protect human health and the environment;

1. C. Implement alternative measures

for control of the sources of contamination, or for removal or decontamination of equipment, units, devices or structures that are—

1. (I) Technically practicable; and
2. (II) Consistent with the overall

objective of the remedy; and

1. D. Submit a report to the department

justifying the alternative measures. The alternative measures must be approved by the department prior to implementation.

1. 4. All solid wastes that are managed

pursuant to a remedy required under subsection (12)(C) or an interim measure required under subparagraph (12)(C)1.C. of this rule, shall be managed in a manner—

1. A. That is protective of the public

health and the environment; and

1. B. That complies with all applicable

state and federal requirements.

1. 5. Remedies selected pursuant to sub-

section (12)(B) of this rule shall be considered complete when—

1. A. The owner/operator complies with

the groundwater protection standards established under subparagraph (11)(C)6.E. of this rule at all points within the plume of contamination;

1. B. Compliance with the groundwater

protection standards established under subparagraph (11)(C)6.E. of this rule has been achieved by demonstrating that concentra- 10 CSR 80-3

tions of all constituents listed in Appendix II of this rule have not exceeded the groundwater protection standard(s) for a period of three (3) consecutive years using the statistical procedures and performance standards in subsection (11)(C). The department may specify an alternative length of time during which the owner/operator shall demonstrate that concentrations of all constituents listed in Appendix II of this rule have not exceeded the groundwater protection standard(s) taking into consideration—

1. (I) Extent and concentration of the

release(s);

1. (II) Behavioral characteristics of

the hazardous constituents in the groundwater;

1. (III) Accuracy of monitoring or

modeling techniques, including any seasonal meteorological, or other environmental variabilities that may affect the accuracy; and

1. (IV) Characteristics of the ground-

water; and

1. C. All actions required to complete

the remedy have been completed.

1. 6. Upon completion of the remedy, the

owner/operator shall submit a certification to the department within fourteen (14) days after the remedy has been completed in compliance with the requirements of paragraph (12)(C)5. and shall place a copy of the certification in the facility’s operating record. The certification shall be signed by the owner/operator and by a qualified groundwater scientist and approved by the department.

1. 7. When, upon completion of the certi-

fication, the owner/operator and the department determines that the corrective action remedy has been completed in accordance with the requirements under paragraph (12)(C)5. of this rule, the owner/operator shall be released from the requirements for financial assurance for corrective action under 10 CSR 80-2.030(4)(C).

1. (13) Air Quality.

   1. (A) Requirement. The design, construction and operation of the sanitary landfill shall minimize environmental hazards and shall conform to applicable ambient air quality and source control regulations.
   2. (B) Satisfactory Compliance—Design. Plans shall include an effective dust control program.
   3. (C) Satisfactory Compliance—Operations. Burning of solid waste shall be prohibited. A burning permit or exemption may be obtained from the department permitting the burning of tree trunks, tree limbs, vegetation and untreated waste lumber. In areas operating under exemption certificates authorized by Chapter 643, RSMo approval shall be obtained from the local pollution control agency. The operating procedures and location for burning practices shall be submitted to the department for review and written approval. Burning at the sanitary landfill shall be conducted in accordance with Chapter 643, RSMo, the corresponding rules, the terms conditions, or both, of the plans, permit, or both, and all local requirements.

2. (14) Gas Control.

   1. (A) Requirement. Decomposition gases generated within the sanitary landfill shall be controlled on-site, as necessary, to avoid posing a hazard to the environment or to public health and the safety of occupants of adjacent property.

   2. (B) Satisfactory Compliance—Design.

      1. 1. Plans shall contain a monitoring pro-

gram capable of detecting decomposition gas migration.

1. A. The monitoring program must

specify the type of monitoring and be based on—

1. (I) Soil conditions;
2. (II) The hydrogeologic and topo-

graphic conditions surrounding the facility; and

1. (III) The location of facility struc-

tures, property boundaries, and off-site features.

1. B. The monitoring program described

in the plans must include:

1. (I) A written description of the

monitoring system, including spacing of monitoring locations and frequency of monitoring;

1. (II) The results of any gas assess-

ment that has been performed;

1. (III) The location of all gas moni-

toring wells shown on a plan sheet;

1. (IV) A drawing detailing the typical

gas monitoring well design;

1. (V) The design depths and bottom

elevations of the gas monitoring wells; and

1. (VI) Boring logs that support the

design gas monitoring well depths.

1. C. The gas monitoring specified in

the plans shall be performed at gas monitoring wells. The monitoring program shall specify how buildings on the landfill property are to be monitored. Gas monitoring wells shall be designed to monitor the unsaturated soil and rock down to an elevation equal to the bottom elevation of the landfill. Gas monitoring wells shall be placed between the landfill and off-site buildings and other features that may be harmed by landfill gas or may easily transmit gas from the landfill. Gas monitoring well locations at the property boundary shall not be more than five hundred feet (500') apart unless the permittee can show that the potential for gas migration is low.

1. 2. Plans shall assess the need for gas

control and indicate the location and design of any vents, barriers or other control measure to be provided.

1. A. The gas control system shall be

constructed of materials that are chemically resistant to the solid wastes managed in the sanitary landfill and the gas expected to be generated. These materials shall be specified in the engineering report and the choice of materials justified.

1. B. The gas control system shall be

constructed of materials that are of sufficient strength and thickness to prevent collapse under the pressures exerted by overlying solid wastes, cover and by any equipment used at the sanitary landfill. Overburden pressure calculations, material specifications and system installation procedures shall be included in the engineering report.

1. C. Maintenance and repair options

shall be considered in the design and specified in the engineering report.

1. D. All applicable permits and

approvals necessary to comply with the requirements of the Air Conservation Law and rules promulgated shall be obtained from the department.

1. E. The plan shall estimate the maxi-

mum anticipated rate of gas generation at the disposal area and the length of time over which it is anticipated to be generated. The method by which these calculations are arrived at shall also be included.

1. (C) Satisfactory Compliance—Operations.

   1. 1. Decomposition gases shall not be

allowed to migrate laterally from the sanitary landfill to endanger public health and safety or to pose a hazard to the environment. They shall be controlled on-site, flared or vented to the atmosphere directly through the cover, cut-off trenches or ventilation systems in a way that they do not accumulate in explosive or toxic concentrations, especially within structures. (Information on the limits of flammability of gases is available in such references as the Handbook of Chemistry and Physics, 68th ed. Cleveland, Chemical Rubber Publishing Co., 1987.)

1. 2. Decomposition gases shall not be

allowed to concentrate above the following levels:

1. A. Twenty-five percent (25%) of the

lower explosive limit (LEL) or one and onequarter percent (1.25%) by volume for methane in buildings on the sanitary landfill property; and

1. B. Fifty percent (50%) of the LEL or

two and one-half percent (2.5%) by volume for methane in the soil at the property boundary of the sanitary landfill.

1. 3. For purposes of this section, lower

explosive limit (LEL) means the lowest percent by volume of a mixture of explosive gases in air that will propagate a flame at twenty-five degrees Celsius (25°C) and atmospheric pressure.

1. 4. Owners/operators of all sanitary land-

fills shall implement a methane monitoring program capable of detecting decomposition gas migration in the most likely zone(s) of migration, to ensure that the standards of paragraph (14)(C)2. of this rule are met. Methane monitoring shall be conducted at least quarterly with equipment warranted by the manufacturer to detect explosive gases under the conditions the equipment is to be used. Facilities shall submit the results of this methane monitoring to the department at least quarterly. The electronic submission of methane monitoring data is required. This submission shall be in a format and manner as prescribed by the department.

1. 5. If methane gas levels exceeding the

limits specified in paragraph (14)(C)2. of this rule are detected, the owner/operator shall—

1. A. Notify the department and imme-

diately take all necessary steps to ensure protection of public health and safety which include:

1. (I) When results of monitoring in

on-site or off-site structures indicate levels in excess of those specified, the operator shall take appropriate action to mitigate the effects of landfill gas accumulation in those structures until a permanent remediation is completed. Actions which must be undertaken include:

1. (a) Notification of the fire

department or other appropriate local public safety authorities;

1. (b) Notification of adjacent prop-

erty owners and/or occupants;

1. (c) Ventilation of any confined

spaces that may trap decomposition gases or the installation of alarm systems in any confined spaces that may trap decomposition gases; and

1. (d) Establishment of a temporary

methane monitoring program in affected structures.

1. B. Within seven (7) days of detection,

submit to the department a report describing the steps taken to protect public health and safety;

1. C. Within sixty (60) days of detection,

submit to the department for approval a remediation plan designed by a professional engineer for the methane gas releases. A gas control system shall be designed to—

1. (I) Prevent methane accumulation

in on-site and off-site buildings;

1. (II) Reduce methane concentrations

at monitored property boundaries to below compliance levels; and

1. (III) Reduce methane concentra-

tions off-site to below compliance levels;

1. D. Landfill gas corrective action

plans shall describe the nature and extent of the problem and the proposed remedy. The plan shall be implemented upon departmental approval; and

1. E. The department may establish

alternative schedules for demonstrating compliance with subparagraphs (14)(C)5.B. and C. of this rule.

1. 6. The sanitary landfill shall operate in

compliance with all applicable requirements of Chapter 643, RSMo and corresponding rules. (15) Vectors.

1. (A) Requirements. Conditions shall be maintained that are unfavorable for the harboring, feeding and breeding of vectors.
2. (B) Satisfactory Compliance—Design. Plans shall include contingency programs for vector control and the operator shall be prepared at all times to implement those procedures.
3. (C) Satisfactory Compliance—Operations. Vector control contingency programs shall be implemented when necessary to prevent or rectify vector problems.

1. (16) Aesthetics.

   1. (A) Requirement. The sanitary landfill shall be designed and operated at all times in an aesthetically acceptable manner.
   2. (B) Satisfactory Compliance—Design. Plans shall include an effective litter control facility and operating program.

   3. (C) Satisfactory Compliance—Operations.

      1. 1. Portable litter fences or other devices

shall be used in the immediate vicinity of the working face and at other appropriate locations to control blowing litter. At the end of each operating day, or more often as required, litter shall be removed from the fences and the ground and incorporated into the cell being used. Alternatively, the litter may be containerized for disposal on the next operating day.

1. 2. Solid wastes that are easily moved by

wind shall be covered, as necessary, to prevent becoming airborne and scattered.

1. 3. On-site vegetation should be cleared

only as necessary. Natural windbreaks, such as green belts, should be maintained where they will improve the appearance and operation of the sanitary landfill.

1. 4. Salvage operations shall be conducted

in such a manner as to not detract from the appearance of the sanitary landfill. Salvaged materials shall be removed from the sanitary landfill daily or stored in aesthetically acceptable containers or enclosures.

1. (17) Cover.

   1. (A) Requirement. Cover shall be applied to minimize fire hazards, infiltration of precipitation, odors and blowing litter; control gas venting and vectors; discourage scavenging; and provide a pleasing appearance.

   2. (B) Satisfactory Compliance—Design. The owner/operator shall prepare a written closure plan that describes the steps necessary to close all sanitary landfill phases at any point during the active life of the sanitary landfill in accordance with the requirements of 10 CSR 80-2.030(4)(A). In addition, the final cover requirements specified in the closure and post-closure plans shall specify—

      1. 1. Cover sources, quantities and soil

classification (Unified Soil Classification System or United States Department of Agriculture classification system);

1. 2. The capability of the cover to perform

the functions listed in subsection (17)(A) of this rule;

1. 3. Surface grades and side slopes need-

ed to promote maximum runoff, without excessive erosion, to minimize infiltration. Final side slopes shall not exceed twenty-five percent (25%) unless it has been demonstrated in a detailed slope stability analysis approved by the department that the slopes can be constructed and maintained throughout the entire operational life and post-closure period of the landfill.

1. 4. Procedures to establish and maintain

vegetative growth to combat erosion and improve appearance of idle and completed areas. Procedures shall include seeding rate, fertilizer rate, soil conditioning rate and provisions for mulching;

1. 5. Procedures to maintain a cover

integrity, for example, regrading and recovering;

1. 6. Methods for borrow areas to be

reclaimed so as to restore aesthetic qualities and prevent excessive erosion;

1. 7. The final slope of the top of the san-

itary landfill shall have a minimum slope of five percent (5%); and

1. 8. Shear failure analyses shall be includ-

ed where intermediate or final slopes exceed twenty-five percent (25%). However, the department will waive the analysis for slopes of twenty-five percent (25%) or less, except in seismic impact zones.

1. (C) Satisfactory Compliance—Operations. 10 CSR 80-3

   1. 1. Cover shall be applied by the end of

each operating day regardless of weather; sources of cover, therefore, shall be accessible on all operating days. The thickness of the compacted cover shall not be less than six inches (6"). Sanitary landfills operating twenty-four (24) hours per day shall incorporate all solid waste into one (1) or more cells at least every twenty-four (24) hours. Where a liner and leachate collection system are in place, an alternative daily cover may be approved by the department on a site-specific basis, if the owner/operator demonstrates that the alternative material controls run-on, runoff, disease vectors, fires, odors, blowing litter and scavenging without presenting a threat to human health and the environment.

1. 2. Cover shall be increased to a total

thickness of at least one foot (1') of compacted cover on filled areas of the sanitary landfill which are idle for more than sixty (60) days.

1. 3. No active, intermediate or final slope

shall exceed thirty-three and one-third percent (33 1/3%).

1. 4. As each phase of the sanitary landfill

is completed, a final cover system shall be installed at portions of—

1. A. Existing sanitary landfills without

composite liners. This final cover shall consist of at least two feet (2') of compacted clay with a coefficient of permeability of 1 × 10-5 cm/sec or less and overlaid by at least one foot (1') of soil capable of sustaining vegetative growth;

1. B. Sanitary landfills with composite

liners. This final cover shall consist of component layers, in order from top to bottom, as follows:

1. (I) Two feet (2') of soil capable of

sustaining vegetative growth;

1. (II) A drainage layer;
2. (III) A geomembrane liner at least

as thick as the geomembrane liner described in subparagraph (10)(B)1.G.;

1. (IV) One foot (1') of compacted

clay with a coefficient of permeability of 1 × 10-5 cm/sec or less; and

1. C. The geomembrane liner shall be in

intimate contact with the underlying compacted clay.

1. 5. The installation of the final cover sys-

tems shall include provisions for slope stability.

1. 6. The department may approve the use

of an alternative final cover system provided that the owner/operator can demonstrate to the department that the alternative design will be at least equivalent to the final cover system described in paragraph (17)(C)3. of this rule.

1. 7. Surface grades and side slopes shall

be maintained to promote runoff without excessive erosion.

1. 8. Vegetation shall be established within

one hundred eighty (180) days of application of the cover required by paragraphs (17)(C)2. and 3. of this rule. Vegetation shall be established and maintained to minimize erosion and surface water infiltration.

1. 9. Regrading and recovering shall be

performed as necessary to maintain cover slope and integrity.

1. 10. Borrow areas shall be reclaimed in

accordance with the approved plans.

1. 11. The compacted clay portion of the

final cover shall consist of soils classified under the Unified Soil Classification System as CH, CL, ML, SC or MH.

1. (18) Compaction.

   1. (A) Requirement. In order to conserve sanitary landfill site capacity, thereby preserving land resources and to minimize moisture infiltration and settlement, solid waste and cover shall be compacted to the smallest practicable volume.

   2. (B) Satisfactory Compliance—Design.

      1. 1. Arrangements shall be made and indi-

cated in the plans where substitute equipment will be available to provide uninterrupted service during routine maintenance periods or equipment breakdowns.

1. 2. The plans shall specify the equipment

that should be available to conduct the sanitary landfill operation at the projected solid waste loading.

1. (C) Satisfactory Compliance—Operations.

   1. 1. Solid waste handling equipment, on

any operating day shall be capable of performing and shall perform the following functions:

1. A. Spread the solid wastes to be com-

pacted in layers no more than two feet (2') thick, while confining it to the smallest practicable area;

1. B. Compact the spread solid wastes to

the smallest practicable volume; and

1. C. Place, spread and compact the

cover as much as practicable.

1. 2. A preventive maintenance program

should be employed to maintain equipment in operating order.

1. 3. No solid waste shall be disposed of in

water where the presence of the water will prohibit the proper spreading and compaction of the solid waste or where a mosquito breeding problem would be created.

1. (19) Safety.

   1. (A) Requirement. The sanitary landfill shall be designed, constructed and operated in a manner so as to protect the health and safety of personnel and others associated with and affected by the operation.

   2. (B) Satisfactory Compliance—Design.

      1. 1. Provisions shall be included in the

plans to control and limit access to the sanitary landfill in a manner that is compatible with the surrounding land use.

1. 2. Provisions shall be included in the

plans to control dust for safety purposes and to prevent a nuisance to the surrounding area.

1. 3. The plans shall specify the facilities

and methods to be provided for extinguishing fires.

1. (C) Satisfactory Compliance—Operation.

   1. 1. A fire extinguisher shall be provided

on all solid waste handling equipment.

1. 2. Any fires in wastes being delivered to

the sanitary landfill or which occur at the working face or within equipment or personnel facilities shall be extinguished.

1. 3. Adequate communications equipment

shall be available at the sanitary landfill for emergency situations.

1. 4. Scavenging shall be prohibited at all

times to avoid injury and to prevent interference with sanitary landfill operations.

1. 5. Access to the sanitary landfill shall be

controlled and shall be by established roadways only. The sanitary landfill shall be accessible only when operating personnel are on duty. Large containers may be placed at the sanitary landfill entrance so that users can conveniently deposit solid waste after hours. The containers and the areas around them shall be maintained in a sanitary and litterfree condition.

1. 6. Traffic signs or markers should be

provided to promote an orderly traffic pattern to and from the discharge area and, if necessary, to restrict access to hazardous areas or to maintain efficient operating conditions. Drivers of manually discharging vehicles should not hinder operation of mechanically discharging vehicles. Vehicles should not be left unattended at the working face or along traffic routes. If a regular user persistently poses a safety hazard, s/he should be barred from the sanitary landfill.

1. 7. Dust control provisions shall be uti-

lized as necessary for safety purposes and to prevent a nuisance to the surrounding area.

1. (20) Records.

   1. (A) Requirement. The owner/operator of a sanitary landfill shall maintain records and monitoring data as specified by the department and file appropriate documents with the county recorder(s) of deeds.
   2. (B) Satisfactory Compliance—Design. Plans shall prescribe methods to be used in maintaining records and monitoring the environmental impact of the sanitary landfill. Information on recording and monitoring requirements may be obtained from the department.

   3. (C) Satisfactory Compliance—Operations.

      1. 1. Records shall be maintained at the

landfill office. Records five (5) years old or older may be stored at an alternate site if approved by the department; such stored records must be made available at the landfill upon request of department personnel. Records must cover at least the following:

1. A. Major operational problems, com-

plaints or difficulties;

1. B. Gas monitoring results from moni-

toring and any remediation plans required under section (14) of this rule;

1. C. Any demonstration, certification,

finding, monitoring, testing or analytical data required under sections (4) and (11) of this rule;

1. D. Vector control efforts;
2. E. Dust and litter control efforts;
3. F. Quantitative measurements of the

solid waste handled and an estimate of the air space left at the facility. Every two (2) years after the date of the permit issuance and within sixty (60) days of the anniversary date of the permit issuance, the owner/operator shall submit to the department two (2) copies of a topographic map, prepared under the direction of a land surveyor or by aerial photography, showing the current horizontal and vertical boundaries of solid waste in the sanitary landfill and the boundaries of the sanitary landfill. Maps prepared by aerial photography shall meet the current National Map Accuracy Standards for Photogrammetry as indicated in United States Bureau of the Budget “Circular A-16 Exhibit C,” dated October 10, 1958;

1. G. Description, source and volume of

special wastes that are received;

1. H. Any sanitary landfill design docu-

mentation for recirculation of leachate or gas condensate in a landfill;

1. I. Closure and post-closure care plans

and any monitoring, testing or analytical data as required under 10 CSR 80-2.030(4)(A);

1. J. Any cost estimates and financial

assurance documentation required under 10 CSR 80-2.030(4)(B) and (C);

1. K. Inspection records and training

procedures as required under 10 CSR 80- 2.060 and subsection (3)(B) of this rule;

1. L. Records associated with fees as

required under 10 CSR 80-2.080(2);

1. M. Records associated with correc-

tive measures as required under section (10) of this rule; and

1. N. Effective January 1, 1998, on or

before January 31 of each calendar year and annually thereafter each solid waste disposal area shall submit a report to the department specifying the amount of solid waste received for disposal from states other than Missouri. The landfill operator shall keep a detailed report of the origin of all waste received.

1. 2. Upon closing of the sanitary landfill,

the existence of the sanitary landfill shall be recorded with the recorder(s) of deeds in the county(ies) where the sanitary landfill is located. The owner/operator may request permission from the department to remove the notation from the deed if all wastes are removed from the facility.

1. A. A survey and plat meeting the

requirements of the current Minimum Standards of Property Boundary Survey 10 CSR 30-2.010 and detailed description of the sanitary landfill shall be prepared by a land surveyor. The survey plat and detailed description, at a minimum, shall contain the following information:

1. (I) The name of the property own-

er as it appears on the property deed;

1. (II) The detailed description of the

property;

1. (III) The general types and location

of the solid wastes and the depth(s) of fill within the property; and

1. (IV) The location of any leachate

control, gas control or water monitoring systems which shall be maintained after closure and the length of time that these systems are to be maintained.

1. B. The owner/operator shall obtain

approval from the department of the survey plat and detailed description prior to filing with the county recorder of deeds. After receiving approval from the department and before filing with the county recorder of deeds, the detailed description shall be notarized by a lawful notary public. Filing the notarized plat or detailed description shall be accomplished within thirty (30) days of departmental approval. Two (2) copies of the notarized and properly recorded plat or detailed description showing the recorder of deeds’ seal or stamp, the book and page numbers and the date of filing shall be submitted to the department within thirty (30) days of the date of filing.

1. C. Owners of solid waste disposal

areas permitted prior to January 1, 1987, and which close after January 1, 1989, as a part of closure of the solid waste disposal area shall—

1. (I) Execute an easement with the

department, which allows the department, its agents or its contractors to enter the premises to complete work specified in the closure plan, to monitor or maintain the solid waste disposal area or take remedial action during post-closure period; and

1. (II) Submit evidence to the depart-

ment that a notice and covenant running with the land has been recorded with the recorder of deeds in the county where the sanitary landfill is located. The notice and covenant shall specify the following:

1. (a) That the property has been

permitted as a sanitary landfill; and

1. (b) That use of the land in any

manner which interferes with closure plans, and post-closure plans filed with the department, is prohibited.

AUTHORITY: section 260.225, RSMo Supp. 1997.* Original rule filed Dec. 11, 1973, effective Dec. 21, 1973. Amended: Filed July 14, 1986, effective Jan. 1, 1987. Amended: Filed Jan. 5, 1987, effective June 1, 1987. Amended: Filed Jan. 29, 1988, effective Aug. 1, 1988. Amended: Filed Aug. 15, 1988, effective Dec. 29, 1988. Emergency amendment filed Sept. 29, 1993, effective Oct. 9, 1993, expired Feb. 5, 1994. Amended: Filed May 3, 1993, effective Jan. 13, 1994. Amended: Filed March 17, 1992.** Emergency rescission of the 1992 amendment filed March 19, 1997, effective April 1, 1997, expired Sept. 27, 1997. Amended: Filed Oct. 10, 1996, effective July 30, 1997. Rescission of the 1992 amendment filed April 3, 1997, effective Aug. 30, 1997. Amended: Filed Dec. 15, 1997, effective Aug. 30, 1998.

*Original authority 1972, amended 1975, 1986, 1988, 1990, 1993, 1995. **The Missouri Supreme Court in Missouri Coalition for the Environment, et al., v. Joint Committee on Administrative Rules, et al., Case No. 78628, dated February 25, 1997, ordered the secretary of state to publish this amendment. The Missouri Department of Natural Resources subsequently filed an emergency rescission of this amendment as well as a proposed rescission of this amendment which became effective August 30, 1997. See the above authority section for filing dates. Op. Atty. Gen. No. 42, Frappier (3-20-74). With respect to the Solid Waste Management Law, Senate Bill No. 387, 76th General Assembly, sections 260.200–260.245, RSMo Supp. 1978. Cities and counties are required to provide for the collection and disposal of solid wastes including industrial wastes and may contract for such collection and disposal. Service charges may be imposed if not already imposed under some other law although these charges must be billed and collected directly by the cities or counties. General revenue of the city and federal rev- 10 CSR 80-3 enue sharing funds may also be expended for such purposes. Appendix I—Constituents for Detection Monitoring Inorganic Constituents as N, mg/l) Ammonia (NH3 Antimony (Sb, µg/l) Arsenic (As, µg/l) Barium (Ba, µg/l) Beryllium (Be, µg/l) Boron (B, µg/l) Cadmium (Cd, µg/l) Calcium (Ca, mg/l) Chromium (Cr, µg/l) Cobalt (Co, µg/l) Copper (Cu, µg/l)) Fluoride (F, mg/l) Hardness (calculated, mg/l) Lead (Pb, µg/l) Magnesium (Mg, mg/l) Manganese (Mn, µg/l) Mercury (Hg, µg/l) Nickel (Ni, mg/l) Nitrate/Nitrite (NO /NO , mg/l) 3 2 Phosphorus (total P, mg/l) Selenium (Se, µg/l) Silver (Ag, µg/l) Sodium (Na, mg/l) Sulfate (SO , mg/l) Thallium (Tl, µg/l) Total Organic Carbon (TOC, mg/l) Vanadium (V, µg/l) Zinc (Zn, µg/l) Organic Constituents Acetone Acrylonitrile Benzene Bromochloromethane Bromodichloromethane Bromoform; Tribromomethane Carbon disulfide Carbon tetrachloride Chlorobenzene Chloroethane; Ethyl chloride Chloroform; Trichloromethane Dibromochloromethane; Chlorodibromomethane 1,2-Dibromo-3-chloropropane; DBCP 1,2-Dibromoethane; Ethylene dibromide; EDB o-Dichlorobenzene; 1,2-Dichlorobenzene p-Dichlorobenzene; 1,4-Dichlorobenzene trans-1,4-Dichloro-2-butene 1,1-Dichloroethane; Ethylidene chloride 1,2-Dichloroethane; Ethylene dichloride 1,1-Dichloroethylene; 1,1-Dichloroethene; Vinylidene chloride cis-1,2-Dichloroethylene; cis-1,2- Dichloroethene trans-1,2-Dichloroethylene; trans-1,2- Dichloroethene 1,2-Dichloropropane; Propylene dichloride cis-1,3-Dichloropropene trans-1,3-Dichloropropene Ethylbenzene 2-Hexanone; Methyl butyl ketone Methyl bromide; Bromomethane Methyl chloride; Chloromethane Methylene bromide; Dibromomethane Methylene chloride; Dichloromethane Methyl ethyl ketone; MEK; 2-Butanone Methyl iodide; Iodomethane 4-Methyl-2-pentanone; Methyl isobutyl ketone Styrene 1,1,1,2-Tetrachloroethane 1,1,2,2-Tetrachloroethane Tetrachloroethylene; Tetrachloroethene; Perchloroethylene Toluene 1,1,1-Trichloroethane; Methylchloroform 1,1,2-Trichloroethane Trichloroethylene; Trichloroethene Tichlorofluoromethane; CFC-11 1,2,3-Trichloropropane Vinyl acetate Vinyl chloride Xylenes Appendix II—List of Hazardous Inorganic and Organic Constituents1 Common Name2 Acenaphthene Acenaphthylene Acetone Acetonitrile; Methyl cyanide Acetophenone 2-Acetylaminofluorene; 2-AAF Acrolein Acrylonitrile Aldrin Allyl chloride 4-Aminobipheny Anthracene Antimony Arsenic Barium Benzene Benzo[a]anthracene; Benzanthracene 56-55-3 Benzo[b]fluoranthene Benzo[k]fluoranthene Benzo[ghi]perylene Benzo[a]pylene Benzyl alcohol Beryllium alpha-BHC beta-BHC delta-BHC gamma-BHC; Lindane Bis(2-chloroethoxy)methane Bis(2-chloroethyl) ether; Dichloroethyl ether Bis(2-chloro-1-methylethyl) ether; 2,2'-Dichlorodiisopropyl ether; DCIP Bis(2-ethylhexyl) phthalate Bromochloromethane; Chlorobromomethane Bromodichloromethane; Dibromochloromethane Bromoform; Tribromomethane 4-Bromophenylphenyl ether Butyl benzyl phthalate; Benzyl butyl phthalate Cadmium Carbon disulfide Carbon tetrachloride Chlordane See Note 4. p-Chloroaniline Chlorobenzene Chlorobenzilate p-Chloro-m-cresol; 4-Chloro-3-methylphenol Chloroethane; Ethyl chloride Chloroform; Trichloromethane 2-Chloronaphthalene 2-Chlorophenol 4-Chlorophenyl phenyl ether Chloroprene Chromium Chrysene Cobalt Copper CAS RN3 m-Cresol; 3-methylphenol 83-32-9 o-Cresol; 2-methylphenol 208-96-8 p-Cresol; 4-methylphenol 67-64-1 Cyanide 75-05-8 2,4-D; 2,4-Dichlorophenoxyacetic 98-86-2 acid 53-96-3 4,4´-DDD 107-02-8 4,4´-DDE 107-13-1 4,4´-DDT 309-00-2 Diallate 107-05-1 Dibenz[a,h]anthracene l92-67-1 Dibenzofuran 120-12-7 Dibromochloromethane; (Total) Chlorodibromomethane (Total) 1,2-Dibromo- (Total) 3-chloropropane;DBCP 71-43-2 1,2-Dibromoethane; Ethylene dribromide; EDB 205-99-2 Di-n-butyl phthalate 207-08-9 o-Dichlorobenzene; 191-24-2 1,3-Dichlorobenzene 50-32-8 m-Dichlorobenzene; 100-51-6 1,3-Dichlorobenzene (Total) p-Dichlorobenzene; 319-84-6 1,4-Dichlorobenzene 319-85-7 3,3´-Dichlorobenzidine 319-86-8 trans-1,4-Dichloro-2-butene 58-89-9 Dichlorodifluoromethane; CFC 12; 111-91-1 1,1-Dichloroethane; Ethyldidene 111-44-4 chloride 1,2-Dichloroethane; Ethylene 108-60-1 dichloride 1,1-Dichloroethylene; See Note 3 1,1-Dichloroethene; Vinylidene 117-81-7 chloride cis-1,2-Dichloroethylene; 74-97-5 cis-1,2-Dichloroethene trans-1,2-Dichloroethylene 75-27-4 trans-1,2-Dichloroethene 75-25-2 2,4-Dichlorophenol 101-55-3 2,6-Dichlorophenol 1,2-Dichloropropane; 85-68-7 Propylene dichloride (Total) 1,3-Dichloropropane; 75-15-0 Trimethylene dichloride 56-23-5 2,2-Dichloropropane; Isopropylidene chloride 106-47-8 1,1-Dichloropropene cis-1,3-Dichloropropene 10061-01-5 108-90-7 510-15-6 trans-1,3-Dichloropropene 10061-02-6 Dieldrin 59-50-7 Diethyl phthalate 75-00-3 O,O-Diethyl O-2-pyrazinyl 67-66-3 phosphorothioate; Thionazin 91-58-7 Dimethoate 95-57-8 p-(Dimethylamino)azobenzen 7005-72-3 7,12-Dimethylbenz[a]nthracene 126-99-8 3,3´-Dimethylbenzidine (Total) 2,4-Dimethylphenol; m-Xylenol 218-01-9 Dimethyl phthalate (Total) m-Dinitrobenzene (Total) 4,6-Dinitro-o-cresol 108-39-4 4,6-Dinitro-2-methylphenol 95-48-7 2,4-Dinitrophenol; 106-44-5 2,4-Dinitrotoluene 57-12-5 2,6-Dinitrotoluene Dinoseb; DNBP; 94-75-7 2-sec-Butyl-4,6-dinitrophenol 72-54-8 Di-n-octyl phthalate 72-55-9 Diphenylamine 50-29-3 Disulfoton 2303-16-4 Endosulfan I 53-70-3 Endosulfan II 33213-65-9 132-64-9 Endosulfan sulfate Endrin 124-48-1 Endrin aldehyde Ethylbenzene 96-12-8 Ethyl methacrylate 106-93-4 Ethyl methanesulfonate Famphur 84-74-2 Fluoranthene Fluorene 95-50-1 Heptachlor Heptachlor epoxide 541-73-1 Hexachlorobenzene . Hexachlorobutadiene 106-46-7 Hexachlorocyclopentadiene 91-94-1 Hexachloroethane 110-57-6 Hexachloropropene 75-71-8 75-34-3 107-06-2 75-35-4 156-59-2 156-60-5 120-83-2 87-65-0 78-87-5 142-28-9 594-20-7 563-58-6 60-57-1 84-66-2 297-97-2 60-51-5 60-11-7 57-97-6 119-93-7 105-67-9 131-11-3 99-65-0 534-52-1 51-28-5 121-14-2 606-20-2 88-85-7 117-84-0 122-39-4 298-04-4 959-98-8 1031-07-8 72-20-8 7421-93-4 100-41-4 97-63-2 62-50-0 52-85-7 206-44-0 86-73-79 76-44-8 1024-57-3 118-74-1 87-68-3 77-47-4 67-72-1 1888-71-7 2-Hexanone; Methyl butyl ketone Indeno(1,2,3-cd)pyrene Isobutyl alcohol Isodrin Isophorone Isosafrole Kepone Lead Mercury Methacrylonitrile Methapyrilene Methoxychlor Methyl bromide; Bromomethane Methyl chloride; Chloromethane 3-Methylcholanthrene Methyl ethyl ketone; MEK; 2-Butanone Methyl iodide; Iodomethane Methyl methacrylate Methyl methanesulfonate 2-Methylnaphthalene Methyl parathion; Parathion methyl 4-Methyl-2-pentanone; Methyl isobutyl ketone Methylene bromide; Dibromomethane Methylene chloride; Dichloromethane Naphthalene 1,4-Naphthoquinone 1-Naphthylamine 2-Naphthylamine Nickel o-Nitroaniline; 2-Nitroaniline m-Nitroaniline; 3-Nitroaniline p-Nitroaniline; 4-Nitroaniline Nitrobenzene o-Nitrophenol; 2-Nitrophenol p-Nitrophenol; 4-Nitrophenol N-Nitrosodi-n-butylamine N-Nitrosodiethylamine N-Nitrosodimethylamine N-Nitrosodiphenylamine N-Nitrosodipropylamine; N-nitroso-N-dipropylamine Di-n-propylnitrosamine N-Nitrosomethylethylamine 10595-95-6 N-Nitrosopiperidine N-Nitrosopyrrolidine 5-Nitro-o-toluidine Parathion Pentachlorobenzene Pentachloronitrobenzene Pentachlorophenol Phenacetin Phenanthrene Phenol p-Phenylenediamine Phorate Polychlorinated biphenyls; PCBs; See Note 5. Aroclors Pronamide 23950-58-5 591-78-6 Propionitrile; Ethyl cyanide 193-39-5 Pyrene 78-83-1 Safrole 465-73-6 Selenium 78-59-1 Silver 120-58-1 Silvex; 2,4,5-TP 143-50-0 Styrene (Total) Sulfide 18496-25-8 (Total) 2,4,5-T; 126-98-7 2,4,5-Trichlorophenoxyacetic acid 93-76-5 91-80-5 1,2,4,5-Tetrachlorobenzene 72-43-5 1,1,1,2-Tetrachloroethane 74-83-9 1,1,2,2-Tetrachloroethane 74-87-3 Tetrachloroethylene; Tetra- 56-49-5 chloroethene; Perchloroethylene 2,3,4,6-Tetrachlorophenol 78-93-3 Thallium 74-88-4 Tin 80-62-6 Toluene 66-27-3 o-Toluidine 91-57-6 Toxaphene See Note 6. 1,2,4-Trichlorobenzene 298-00-0 1,1,1-Trichloroethane; Methylchloroform 108-10-1 1,1,2-Trichloroethane 74-95-3 Trichloroethylene; Trichloroethene Trichlorofluoromethane; CFC-11 75-09-2 2,4,5-Trichlorophenol 91-20-3 2,4,6-Trichlorophenol 130-15-4 1,2,3-Trichloropropane 134-32-7 0,0,0-Triethyl phosphorothioate 91-59-8 sym-Trinitrobenzene (Total) Vanadium 88-74-4 Vinyl acetate 99-09-2 Vinyl chloride; Chloroethene 100-01-6 Xylene (total) See Note 7. 98-95-3 Zinc 88-75-5 100-02-7 Notes 924-16-3 1. The regulatory requirements pertain only 55-18-5 to the list of substances. 62-75-9 2. Common names are those widely used in 86-30-6 government regulations, scientific publications, and commerce; synonym sexist for many chemicals. 621-64-7 3. This substance is often called Bis(2- 100-75-4 chloroisopropyl) ether, the name Chemical 930-55-2 Abstracts Service applies to its noncommer- 99-55-8 cial isomer, Propane, 2,2´-oxybis, 2-chloro- 56-38-2 (CAS RN 39638-32-9). 608-93-5 82-68-8 4. Chlordane: This entry includes alpha- 87-86-5 chlordane (CAS RN 5103-71-9), beta-chlor- 62-44-2 dane (CAS RN 5103-74-2), gamma-chlor- 85-01-8 dane (CAS RN 5566-34-7), and constituents 108-95-2 of chlordane (CAS RN 57-74-9 and CAS RN 106-50-3 12789-03-6). 298-02-2 5. Polychlorinated biphenyls (CAS RN 1336- 36-3); this category contains congener chemicals, including constituents of Aroclor 1016 10 CSR 80-3 107-12-0 (CAS RN 12674-11-2), Aroclor 1221 (CAS 129-00-0 RN 11104-28-2), Aroclor 1232 (CAS RN 94-59-7 11141-16-5), Aroclor 1242 (CAS RN 53469- (Total) 21-9), Aroclor 1248 (CAS RN 12672-29-6), (Total) Aroclor 1254 (CAS RN 11097-69-1), and 93-72-1 Aroclor 1260 (CAS RN 11096-82-5). 100-42-5 6. Toxaphene: This entry includes congener chemicals contained in technical toxaphene (CAS RN 8001-35-2), i.e., chlorinated camphene. 95-94-3 630-20-6 7. Xylene (total): This entry includes o- 79-34-5 xylene (CAS RN 96-47-6), m-xylene (CAS RN 108-38-3), p-xylene (CAS RN 106-42-3), 127-18-4 and unspecified xylenes (dimethylbenzenes) 58-90-2 (CAS RN 1330-20-7). (Total) (Total) 108-88-3