PURPOSE: This rule pertains to the design and operation of solid waste processing facilities (incinerators, compost plants, transfer stations or any facility where solid wastes are salvaged).

1. (1) This rule sets forth requirements and the method of satisfactory compliance to ensure that the design and operation of the solid waste processing facility 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 solid waste processing facility operation. The satisfactory compliance subsections are based on the satisfactory practice of handling municipal solid waste at a processing facility. It is recognized that the various types of facilities and types of solid wastes may justify or require the use of techniques other than those listed as satisfactory compliance. If techniques other than those listed as satisfactory compliance in design or operation are used, it is the obligation of the solid waste processing facility owner/operator to demonstrate to the department in advance that the techniques to be employed will satisfy the requirement. Procedures for the techniques must 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 will require changes in design or operation as the condition warrants. A solid waste processing facility permitted for the treatment or other processing of infectious waste shall also comply with the requirements of 10 CSR 80- 7.010.

2. (2) Solid Waste Accepted.

   1. (A) Requirement. In consultation with the department, the professional engineer and owner/operator shall determine what solid wastes shall be accepted and shall identify any special handling required. Only solid wastes for which the facility has been specifically designed and performance tested shall be accepted.

   2. (B) Satisfactory Compliance—Design.

      1. 1. The plans shall identify the solid

wastes to be accepted and the procedures for handling the various types of solid waste accepted. The solid wastes to be accepted shall be indicated on the Application for Operating Permit form. Storage areas for accepted solid wastes shall be designated in the plan.

1. 2. Provisions for storing, handling and

removing solid wastes not to be accepted that are inadvertently left at the solid waste processing facility shall be considered in the design. Storage areas for solid wastes not to be accepted shall be designated in the plan.

1. 3. At the request of the department, per-

formance tests shall be conducted to demonstrate the successful processing of certain solid wastes and the professional engineer shall submit a report to the department covering the results of the performance tests with a copy of all supporting data.

1. (C) Satisfactory Compliance—Operation.

   1. 1. Storage areas shall be clearly marked.
   2. 2. Facility personnel shall be thoroughly

trained in the handling of acceptable and unacceptable waste received at the solid waste processing facility.

1. 3. The unloading of solid wastes should

be supervised to exclude the unacceptable wastes.

1. 4. A list of all solid wastes accepted for

processing at the solid waste processing facility shall be posted at the entrance.

1. (3) Site Selection.

   1. (A) Requirement. Site selection shall comply with local planning and zoning requirements.

   2. (B) Satisfactory Compliance—Design.

      1. 1. Plans shall be prepared or approved

by a professional engineer and shall include:

1. A. A map showing land use and zon-

ing within one thousand feet (1000') of the solid waste processing facility including location of all residences, buildings and roads. This map shall have a scale of not less than one inch (1") equals four hundred feet (400');

1. B. The location of utilities and the

effects of the solid waste processing facility using the utilities with regard to capacity, loading, etc.; and

1. C. The identity of the road(s) which

will serve as the primary route(s) to the solid waste processing facility and the potential effect upon the road(s) from increased traffic volume and vehicle weights.

1. 2. A report evaluating the effect of

noise, odors, air pollutants and potential explosions or fires upon surrounding land uses shall be submitted to the department. 10 CSR 80-5

1. (4) Design.

   1. (A) Requirement. Plans for the design, construction, operation or alteration of the solid waste processing facility shall be prepared or approved and sealed by a professional engineer. The plans shall be submitted to the department for review and approval.

2. (5) Water Quality.

   1. (A) Requirement. All waters discharged from the solid waste processing facility shall be sufficiently treated to meet applicable water quality standards, including those established under the authority of the Federal Water Pollution Control Act, sections 644.006–644.141, RSMo and rules promulgated and under municipal or regional sewer discharge regulations.

   2. (B) Satisfactory Compliance—Design.

      1. 1. Plans shall clearly define the area to

be included within the permitted boundary.

1. 2. Plans for a solid waste processing

facility shall include provisions for control of surface water runoff.

1. 3. The plans for the solid waste process-

ing facility shall provide for collection of process and wastewaters for on-site treatment, recirculation or discharge.

1. 4. The plans for the solid waste process-

ing facility shall provide for the collection and cleanup of any accidental spillage of waste water that occurs on the facility site.

1. 5. All applicable permits and approvals

necessary to comply with requirements of the Missouri Clean Water Law and rules promulgated pursuant thereto shall be obtained from the department.

1. 6. All waste transfer and processing

activities shall take place beneath a roof so as to prevent precipitation from coming into contact with the waste being transferred or processed.

1. (C) Satisfactory Compliance–Operation.

   1. 1. Waters discharged from the solid

waste processing facility shall be appropriately monitored and necessary adjustment made to meet the applicable water quality standards.

1. 2. In the event of an accidental spillage

of wastewater, the department’s Water Pollution Control Program shall be notified immediately.

1. 3. Any accidental spillage of wastewater

that occurs on the facility site shall be contained and cleaned up in accordance with the plans.

1. (6) Air Quality.

   1. (A) Requirement. Emissions shall not exceed the standards established by chapter 643, RSMo and rules promulgated.

   2. (B) Satisfactory Compliance—Design. The application shall contain—

      1. 1. All applicable permits and approvals

to comply with the requirements of the Air Pollution Law and rules promulgated; or

1. 2. The application shall contain copies

of all applicable permits or approvals and authorizations from a local air pollution control agency operating under an exemption certificate authorized by Chapter 643, RSMo and the rules promulgated pursuant thereto.

1. (C) Satisfactory Compliance—Operations. Emissions from the solid waste processing facility shall be appropriately monitored and necessary adjustment made to meet applicable air quality standards in accordance with Chapter 643, RSMo and rules promulgated.

1. (7) Vectors.

   1. (A) Requirement. Conditions shall be maintained that are unfavorable for the harboring, feeding and breeding of vectors.
   2. (B) Satisfactory Compliance—Design. Solid waste processing facilities shall be designed for ease of cleaning. Areas favorable for breeding of vectors shall be avoided.

   3. (C) Satisfactory Compliance—Operation.

      1. 1. A housekeeping schedule shall be

established and maintained. As a minimum the schedule should provide for—

1. A. Cleaning, unloading and loading

areas as spillages occur;

1. B. Containerization of putrescible

waste at the end of each working day, unless otherwise approved by the department. No solid waste processing facility shall store putrescible waste for longer than twenty-four (24) hours on-site; and

1. C. Routinely cleaning the remainder

of the solid waste processing facility.

1. 2. Vector control contingency programs

shall be implemented when necessary to prevent or rectify vector problems.

1. (8) Aesthetics.

   1. (A) Requirement. The solid waste processing facility shall be designed and operated at all times in an aesthetically acceptable manner.
   2. (B) Satisfactory Compliance—Design. All solid waste processing facilities shall be designed to screen from public view the unloading, storage and processing of solid waste.

   3. (C) Satisfactory Compliance—Operation.

      1. 1. A routine housekeeping and litter

removal schedule shall be established and implemented so that the solid waste processing facility regularly presents a neat and clean appearance. The litter shall be picked up at least daily.

1. 2. Non-putrescible solid waste that can-

not be processed by the solid waste processing facility shall be removed from the facility at least weekly and hauled to a solid waste processing facility or solid waste disposal area that has a permit to accept waste.

1. 3. Immediate action is to be taken to

eliminate odors, dust or excess noise from the solid waste processing facility which is creating a nuisance.

1. 4. Solid waste shall not be accepted at

the solid waste processing facility if the available storage capacity is full or the facility is expected to be out of operation for more than twenty-four (24) hours.

1. (9) Residue and Processed Solid Waste.

   1. (A) Requirement. Residue or processed solid waste from a solid waste processing facility shall be disposed of in an environmentally acceptable manner.
   2. (B) Satisfactory Compliance—Design. A solid waste processing facility shall be designed to allow for removal of residue or processed solid waste in a manner that protects the environment.

   3. (C) Satisfactory Compliance—Operation.

      1. 1. Residue or other processed solid

waste not to be recycled or recovered shall be disposed of in a solid waste disposal area that has a permit to accept the waste.

1. 2. Materials for recycling or resource

recovery from a solid waste processing facility shall be properly stored to prevent vector or aesthetic problems or transported to another solid waste processing facility for further processing or sale.

1. 3. Transportation of residue or pro-

cessed solid waste shall be by means that prevent the material from sifting, falling, leaking or blowing from the vehicle.

1. (10) Safety.

   1. (A) Requirement. Solid waste processing facilities shall be designed and operated and maintained in a manner to protect the health and safety of personnel associated with the operation.

   2. (B) Satisfactory Compliance—Design.

      1. 1. Attention shall be given to the safety

of operators and vehicles through the provision of safety devices.

1. 2. Provisions shall be included where

applicable to control dust for safety and health of operating personnel.

1. 3. The plans shall specify the facilities

and methods to be provided for extinguishing fires.

1. (C) Satisfactory Compliance—Operation.

   1. 1. Personal safety devices, including but

not limited to, hard hats, safety glasses and shoes shall be utilized by all persons on the premises where needed.

1. 2. The safety devices and controls pro-

vided in the design plans shall be maintained in good operating condition and replaced when needed.

1. 3. Salvaging shall be prohibited unless

the solid waste processing facility has adequate provision in the design for these activities.

1. 4. Access to the solid waste processing

facility shall be controlled by fencing or other suitable means to limit accessibility to periods when responsible operating personnel are on duty.

1. 5. A fire extinguisher shall be provided

on all solid waste handling equipment.

1. 6. Provisions shall be made to extin-

guish any fires in wastes being delivered to the solid waste processing facility or which occur at the solid waste processing facility or within equipment or personnel facilities.

1. (11) Records.

   1. (A) Requirement. The owner/operator of a solid waste processing facility shall maintain records and monitoring data as specified by the department. The records and data shall be provided to the department upon request.
   2. (B) Satisfactory Compliance—Design. Plans shall prescribe the records and methods of monitoring the operation of the solid waste processing facility that are desirable for proper and efficient operation.

   3. (C) Satisfactory Compliance—Operation. Records shall be maintained covering at least the following:

      1. 1. The actual or estimated quantity of

solid waste received on each day;

1. 2. Major operational problems, com-

plaints or difficulties; and

1. 3. Vector, odor, dust and litter control

efforts.

AUTHORITY: section 260.225, RSMo (Cum. Supp. 1996). 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 Aug. 15, 1988, effective Dec. 29, 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.

**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.