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

1. (1) This demolition landfill rule is intended to provide for land disposal of certain solid wastes which do not present as great a potential for water pollution and public health hazards as associated with municipal solid wastes and hazardous wastes. The rule sets forth requirements and the method of satisfactory compliance to ensure that the design, construction and operation of demolition 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 demolition landfill operation. The satisfactory compliance subsections are presented as the authorized methods by which the objectives of the requirements can be realized. If techniques other than those listed as satisfactory compliance are used, it is the obligation of the demolition landfill owner/operator to demonstrate to the department in advance that the techniques to be employed will satisfy the requirement. 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 this rule, when it is found necessary to meet the objectives of the requirement subsections, the department may require changes in design or operation as the condition warrants.

2. (2) Solid Wastes Accepted.

   1. (A) Requirement. Only the following solid wastes shall be accepted for disposal in a demolition landfill: demolition wastes; construction wastes; brush; wood wastes; cut, chipped, or shredded tires as defined in 10 CSR 80-8; inert plastics; soil; rock; concrete; sand; gravel; asphaltic concrete; cinder blocks and bricks. Other related inert solids relatively insoluble in water shall only be accepted in accordance with section (3) of this rule. The demolition wastes shall not contain more than a minor amount of metals.

   2. (B) Satisfactory Compliance—Design.

      1. 1. The plans shall specify the types of

solid waste to be received and these shall be listed in the application for a construction permit.

1. 2. The plans shall specify the proce-

dures to be employed for disposal of wastes requiring special handling.

1. (C) Satisfactory Compliance—Operations.

   1. 1. The list of solid wastes to be accept-

ed shall be displayed prominently at the demolition landfill entrance.

1. 2. 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. 3. 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. (3) Solid Wastes Excluded.

   1. (A) Requirement. All other wastes not listed or described in 10 CSR 80-4.010(2)(A) shall be excluded from disposal in a demolition landfill. Any of the solid wastes listed or described in 10 CSR 80-4.010(2)(A) which have been combined, mixed or contaminated with any other solid wastes not listed or described shall be excluded. Inert solids relatively insoluble in water which are not specifically listed in subsection (2)(A) of this rule, or in the approved engineering plans shall not be accepted for disposal.

   2. (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 plans and the application for a construction permit. The criteria used to determine whether wastes can be accepted shall include the design of the landfill, the physical and chemical characteristics of the wastes, the quantity of 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 demolition landfills;

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

recognize waste other than those listed in subsection (2)(A); and

1. D. Immediate notification of the

department if a regulated hazardous waste, 10 CSR 80-4

regulated PCB waste, or infectious waste is discovered at the facility.

1. (C) Satisfactory Compliance—Operations.

   1. 1. The disposal of wastes approved for

disposal in the permit shall be conducted in accordance with approved design and operating plans plus any additional procedures determined by the department as necessary to protect the water, air and land resources and to provide for safety of the operators and waste haulers.

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. (4) Site Selection.

   1. (A) Requirement. Site selection and utilization shall include study and evaluation of the geologic and hydrologic conditions and soils at the proposed demolition landfill and an evaluation of the environmental effect upon the projected use of the completed demolition landfill. Applications for demolition landfill construction permits received on or after the effective date of this rule shall document compliance with all applicable siting restriction requirements contained in paragraphs (4)(B)1. through 5. of this rule.

   2. (B) Satisfactory Compliance—Design.

      1. 1. Floodplain. Demolition landfills

located in the one hundred (100)-year floodplain shall demonstrate to the department that the demolition 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. 2. Wetlands.

   1. A. Demolition 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 demolition 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 demolition landfill will

not cause or contribute to significant degradation of wetlands. The owner/operator shall demonstrate the integrity of the demolition 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)2.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)2. 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. 3. Demolition 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 the 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. 4. Demolition 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. 5. Owners/operators of demolition land-

fills, located in an unstable area shall demonstrate to the department that the demolition landfill’s design ensures that the integrity of the structural components of the demolition 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. 6. 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") equals 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 demolition landfill, including location of all residences, buildings, wells, water courses, springs, lakes, roads and soil or rock borings. All electric, gas, water, sewer and other utility easements or lines that are located on, under or above the demolition 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 demolition 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 demolition landfill. If major structures are to be built within the permitted area of a demolition landfill, prior written approval from the department is required. A professional engineer shall approve their design and construction, including a provision for protection against potential hazards of solid waste decomposition gases; and

1. (II) Other uses. Appropriate

design, construction and operating provisions for the demolition 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 demolition 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 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) Areal extent and depth. The

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

1. 7. 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. 8. Owners/operators of demolition land-

fills 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. Precipitation, evapotranspiration and climatological conditions shall be considered in site selection and design.

1. 9. The results of the site’s detailed site

investigation will be the basis to determine if a geomembrane liner is required to ensure that there is no environmental impact from the landfill. Owners/operators of proposed demolition landfills shall demonstrate no impact based on the following:

1. A. An evaluation of the physical

and/or chemical characteristics of the waste; and

1. B. Documentation through modeling,

testing, or other research data proving that the quality of groundwater underlying the proposed site will not be affected and that there is no potential for migration of fluids from the demolition landfill.

1. (C) Satisfactory Compliance—Operations.

   1. 1. The demolition landfill shall be

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

1. 2. The demolition landfill shall not be

located in an area where the public road or access road to the demolition landfill may be flooded preventing use of the demolition landfill unless an alternate demolition landfill or 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 demolition landfill or which request an operating permit modification for the demolition 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 demolition landfill operations 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 demolition land-

fills 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. Precipitation, evapotranspiration and climatological conditions shall be considered in site selection and design.

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

demolition 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 demolition 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 qa/qc supervision is conducted by a qualified professional. 10 CSR 80-4

   2. (B) Satisfactory Compliance—Design.

      1. 1. Plans shall include:

         1. A. A detailed description of the qual-

ity assurance (qa) 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; and

1. B. A detailed procedure for reporting

and recording qa/qc activities and testing results.

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; and

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 include 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 demolition landfill. Construction stakes marking 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 or 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 location, elevation and datum of 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 demolition 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 land 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 demolition landfill as designated by the approved engineering plans.

1. (8) Water Quality.

   1. (A) Requirement. The location, design, construction and operation of the demolition 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 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 demolition landfill;

1. C. Groundwater elevation and pro-

posed separation between the lowest point of the lowest cell and the normal average water table elevation. The predicted maximum water table shall be indicated;

1. D. Potential interrelationship of the

demolition 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 material. 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 demolition landfill must be specified.

1. (II) On-site drainage structures and

channels shall be designed to prevent flow onto the active portion of the demolition landfill during peak discharge from at least a twenty-five (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 structures

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 demolition landfill (especially from the working face) by devices such as ditches, berms and proper grading. The demolition 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. (9) Leachate Collection Systems. (A). Requirement. A leachate collection system shall be designed, constructed, maintained and operated to collect and/or remove leachate from the demolition landfill.

1. (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/or disposal shall be outlined. Leachate storage and/or treatment facilities shall comply with all currently applicable requirements of the Missouri Clean Water Law and corresponding rules. Construction 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 materials chemically

resistant to the solid wastes managed in the demolition landfill and the leachate expected to be generated;

1. C. Construction material of sufficient

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

1. D. Design and operate systems to

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

1. E. Designed to maintain less than

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

1. F. Design and operate collection sys-

tems 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 shall 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 and disposal

systems specified 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 demolition

landfill shall be controlled on-site and not be allowed to discharge off the demolition landfill properly 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 demolition landfill.

   2. (B) Satisfactory Compliance—Design. A composite liner shall be required at all demolition landfills applying for a construction permit after the effective date of this rule, that includes:

      1. 1. A lower component that shall consist

of at 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 shall also include qa/qc procedures to be followed during construction of the liner. The compacted soil 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 solid waste. The soils used for this purpose shall meet the following minimum specification:

1. A. Be classified under the Unified

Soil Classification Systems as CL, CH, or SC, (ASTM Test D2487-85); 10 CSR 80-4

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 a flexible wall permeameter (ASTM D-5084) or other procedures approved by the department;

1. 2. An upper component consisting of a

minimum thirty (30) mil thick geomembrance shall be installed if the applicant for a proposed demolition landfill does not provide adequate demonstrations specified in subsection (4)(B) of this rule, and as determined by the department on a site-by-site basis. Geomembrance components consisting of high density polyethylene (HDPE) shall be at least sixty (60) mil thick;

1. 3. The geomembrance component shall

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

1. 4. All demolition landfills shall have a

minimum bottom slope in any direction of flow of at least 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 qc procedures are adequate to ensure that the soil component of the composite liner system will meet the requirements of paragraph (10)(B)1. 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 (2) 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)1. of this rule, a new test pad shall be constructed using revised procedures approved by the department.

1. 2. For phased construction, only one (1)

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)1. of this rule; or

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 No. 200 sieve (ASTM D11400); and

1. (III) Have less than ten percent

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

1. 5. The liner specified in 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 demolition landfill shall implement a groundwater monitoring program capable of determining the demolition landfill’s impact on the quality of groundwater underlying the demolition landfill.

   2. (B) Satisfactory Compliance—Design.

      1. 1. All demolition landfills permitted

after the effective date of this rule, must be in compliance with all groundwater monitoring requirements of section (11).

1. 2. The department may require demoli-

tion landfill’s permitted prior to the effective date of this rule, to comply with part of all of section (11) if it is determined necessary by the department.

1. 3. The owner/operator of a demolition

landfill shall establish the potential for migration of fluid generated by the demolition landfill from the demolition landfill to 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; and

1. (V) Proximity of the demolition

landfill 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 demolition landfill.

1. 4. A groundwater monitoring system

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

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

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

1. (I) Representative of background

water quality in the groundwater near the demolition landfill; and

1. (II) Not affected by the demolition

landfill; and

1. B. Monitoring wells (at least three

(3)) installed hydraulically downgradient; that is, in the direction of decreasing static head from the demolition landfill. The number, locations and depths must ensure that they detect any significant amounts of fluids generated by the demolition landfill that migrate from the demolition landfill to the groundwater.

1. 5. All monitoring wells must 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.

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 rate and 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 rate and 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 paragraph (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) (µmho/cm)); Total Dissolved Solids (TDS, mg/l); and All parameters listed in Appendix I of this rule. Additionally, the water level in each well shall be measured at the time the sample is taken.

1. C. The sampling results and any

results of statistical analysis determining statistically significant increases as per paragraph (11)(C)5. shall be submitted to the department 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 demolition 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 demolition 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 10 CSR 80-4

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 paragraph (11)(C)5. 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(s), 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), resulting from the landfill, over background, the owner/operator shall within ninety (90) days of the last sampling event obtain additional groundwater samples from those downgradient wells where a statistically significant difference was detected, split the samples in two (2) with the department, and obtain analyses of all additional samples to determine whether the significant statistical 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 demolition 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 the 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 thereafter, 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 demolition 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 pathways 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 and 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;

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 demolition 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 constituent(s)

listed in Appendix II of this rule are detected at levels above the groundwater protection standard 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 paragraph (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 10 CSR 80-4

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;

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 aquifer

affected 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 demolition 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 demolition landfill, and those substances are present in concentrations such that cleanup of the release from the demolition 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 standards 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 measure 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 concentrations 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 demolition landfill shall minimize environmental hazards and shall conform to applicable ambient air quality standards 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 wastes 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 location and operating procedures for burning practices shall be submitted to the department for review and written approval. Burning at the demolition landfill shall be conducted in accordance with Chapter 643, RSMo, corresponding rules, the terms and/or conditions of the plans and/or permit and all local requirements.

2. (14) Gas Control.

   1. (A) Requirement. Decomposition gases generated within the demolition 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 for decomposition gases.

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 10 CSR 80-4

resistant to the solid wastes managed in the demolition 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 demolition 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 demolition 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. A. Within seven (7) days of sampling

for landfill gases, a landfill shall submit a permit modification to the department demonstrating that there is no potential for adverse impacts on the public health and safety, and the environment, based upon but not limited to: the size of the landfill, nature and age of the refuse, projected gas generation or remoteness of the facility.

1. B. The landfill shall within ninety

1. (90) days notify the department of any changes that occur which may affect the demonstration of no adverse impact. Changes which could affect the demonstration are construction of buildings within a one-quarter (1/4) mile of the property boundary, death of vegetation, etc.

   1. C. At a minimum, continued, peri-

odic monitoring of decomposition gases in the soil shall be required for any demonstration of no adverse effects.

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 demolition landfill property;

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 demolition 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 demolition

landfills shall implement a methane monitoring program 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 and 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 should be considered include:

1. (a) Notification of the fire

department or other appropriate local authorities;

1. (b) Notification of adjacent prop-

erty owners and/or occupants;

1. (c) Ventilation of any confined

spaces that may trap decomposition gases;

1. (d) Installation of alarm systems

in any confined spaces that may trap decomposition gases; and

1. (e) Establishment of a temporary

methane monitoring program;

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 demolition landfill shall operate

in compliance with all applicable requirements of Chapter 643, RSMo and corresponding rules.

1. (15) Vectors.

   1. (A) Requirement. 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 should be prepared at all times to implement these procedures.
   3. (C) Satisfactory Compliance—Operations. Vector control contingency programs shall be implemented when necessary to prevent or rectify vector problems.

2. (16) Aesthetics.

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

   3. (C) Satisfactory Compliance—Operations.

      1. 1. At the end of each operating day, or

more often as required, litter shall be picked up and incorporated into the cell being used or containerized for disposal on the next operating day. If necessary, 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.

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 demolition landfill.

1. 4. Salvage operations shall be conducted

in a manner so as to not detract from the appearance of the demolition landfill. Salvaged materials shall be removed from the demolition 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. Plans shall specify—

      1. 1. Cover sources, quantities and soil

classifications. (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 should not exceed twentyfive 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 cover integri-

ty, 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

demolition 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.

   1. 1. Cover shall be applied at least once

every seven (7) calendar days. The thickness of the compacted cover shall not be less than twelve inches (12"). No active, intermediate or final slope shall exceed thirty-three and one-third percent (33 1/3%).

1. 2. As each phase of the demolition land-

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

1. A. Existing demolition landfills with-

out 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 overlaid by at least one foot (1') of uncompacted soil capable of supporting vegetative growth; and

1. B. Demolition landfills with compos-

ite 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 paragraph (10)(B)2.; and

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. 3. The installation of the final cover

systems shall include provisions for slope stability.

1. 4. 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)2.B. of this rule.

1. 5. Surface grades and side slopes shall

be maintained to promote runoff without excessive erosion.

1. 6. Vegetation shall be established within

one hundred eighty (180) days of application of the final cover. Vegetation shall be established and maintained to minimize erosion and surface water infiltration.

1. 7. Regrading and recovering shall be

performed as necessary to maintain cover slope and integrity.

1. 8. Borrow areas shall be reclaimed in

accordance with the approved plans.

1. 9. The compacted clay portion of the

final cover shall consist of soils classified under the Unified Soil Classification System as CH, CL, or SC. (18) Compaction.

1. (A) Requirement. In order to conserve demolition landfill capacity, preserving land resources and minimizing moisture infiltra-

   MATT BLUNT (7/31/98)*

tion and settlement, solid waste and cover shall be compacted to the smallest practicable volume.

1. (B) Satisfactory Compliance—Design.

   1. 1. Arrangements shall be made and indi-

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

1. 2. The plans shall specify the type

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

1. (C) Satisfactory Compliance—Operations.

   1. 1. Solid waste handling equipment, on

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

1. A. Spread the solid wastes accepted in

layers no more than two feet (2') thick when practicable from the standpoint of size and shape of waste material, 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. The equipment shall be available and

operated to spread and compact the solid waste as received or at any time the quantity of solid waste has accumulated to two hundred (200) cubic yards without being spread and compacted. In no event shall the operator fail to spread, compact and cover the solid waste accepted within seven (7) calendar days.

1. 3. A preventive maintenance program

should be employed to maintain equipment in operating order.

1. 4. 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 demolition 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 demolition 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. 10 CSR 80-4

1. (C) Satisfactory Compliance—Operation.

   1. 1. A fire extinguisher shall be provided

on all solid waste handling equipment.

1. 2. Any fires in solid wastes being deliv-

ered to the demolition 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 demolition landfill for emergency situations.

1. 4. Scavenging shall be prohibited at all

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

1. 5. Access to the demolition landfill shall

be controlled and shall be by established roadways only. The demolition landfill shall be accessible only when operating personnel are on duty.

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 demolition landfill. Large containers may be placed at the demolition 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 litter-free condition.

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 demolition landfill shall maintain records and monitoring data as specified by the department and file appropriate documents with county recorder(s) of deeds. The records and data shall be provided to the department upon request.
   2. (B) Satisfactory Compliance—Design. Plans shall prescribe methods to be used in maintaining records and monitoring the environmental impact of the demolition 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 demolition landfill and the boundaries of the demolition 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. Any demolition landfill design

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

1. H. Closure and post-closure care

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

1. I. Any cost estimates and financial

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

1. J. Inspection records and training pro-

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

1. K. Records associated with fees as

required under 10 CSR 80-2.080(2);

1. L. Records associated with corrective

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

1. M. 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 demolition land-

fill, the existence of the demolition landfill shall be recorded with the recorder(s) of deeds in the county(ies) where the demolition landfill is located.

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 demolition landfill shall be prepared by a land surveyor. The survey plat and detailed description shall contain at a minimum the following information:

1. (I) The name of the property owner

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 must 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. Filing the approved plat or detailed description shall be accomplished within thirty (30) days of departmental approval. Two (2) copies of the 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 demolition landfills

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

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 demolition landfill 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 demolition landfill is located. The notice and covenant shall specify the following:

1. (a) That the property has been

permitted as a demolition landfill; and

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

manner which interferes with closure plans, and when applicable, 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. 29, 1988, effective Aug. 1, 1988. 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. 1973), cities and counties are required to provide for the collection and disposal of solid wastes including industrial wastes and may contract for this 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 revenue sharing funds may also be expended for such purposes. Appendix I—Constituents for Detection Monitoring Aluminum (Al, µg/l) Ammonia (NH3 as N, mg/l) Antimony (Sb, µg/l) Arsenic (As, µg/l) Barium (Ba, µg/l) Beryllium (Be, mg/l) Boron (B, µg/l) Cadmium (Cd, µg/l) Calcium (Ca, mg/l) Chemical Oxygen Demand (COD, mg/l) Chloride (Cl, mg/l) Chromium (Cr, µg/l) Cobalt (Co, µg/l) Copper (Cu, µg/l) Fluoride (Fl, mg/l) Hardness (calculated, mg/l) Iron (Fe, µg/l) (7/31/98)* MATT BLUNT Lead (Pb, µg/l) Magnesium (Mg, mg/l) Manganese (Mn, µg/l) Mercury (Hg, µg/l) Nickel (Ni, mg/l) pH (units) Potassium (K, mg/l) Selenium (Se, µg/l) Silver (Ag, µg/l)) Sodium (Na, mg/l) Specific Conductance (Conductivity at 25°C, mho/cm) Sulfate (SO, mg/l) Thallium (Tl, µg/l) Total Dissolved Solids (TDS, mg/l) Total Organic Carbon (TOC, mg/l) Total Organic Halogens (TOX, mg/l) Zinc (Zn, µg/l) Appendix II—Constituents for Assessment Monitoring Inorganic Constituents Nitrate/Nitrite (NO3/NO2, mg/l) Phosphorus (total P, 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 10 CSR 80-4 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 Trichlorofluoromethane; CFC-11 1,2,3-Trichloropropane Vinyl acetate Vinyl chloride Xylenes