20.9.2.14

WAIVERS FOR SMALL MUNICIPAL LANDFILLS.

1. A. Owners or operators of new or existing municipal landfills that dispose of less than 20 tons of solid waste daily, based on an annual average, and do not accept any special waste other than regulated asbestos, may apply in the permit application or for a specific approval for a waiver from the design requirements of 20.9.4.13 - 20.9.4.15 NMAC and ground water monitoring requirements in 20.9.9.8 - 20.9.9.11 NMAC. To obtain a waiver, the owner or operator must demonstrate that:

   (1) the groundwater protection standards for constituents listed or referenced in 20.9.9.20 NMAC will not be exceeded in the uppermost aquifer, and, for an existing landfill, there is no groundwater contamination attributable to the landfill;

   (2) the community has no practicable waste management alternative; and

   (3) the landfill is located in an area that receives, on average, 25 inches or less annual precipitation.

2. B. If a waiver is granted under this section, then the secretary may require the owner or operator to submit a ground water monitoring system plan and ground water monitoring plan for approval, and to conduct periodic ground water and vadose zone monitoring, at any time during the active life or post-closure period to demonstrate the landfill is not contaminating ground water. The secretary may also require a ground water monitoring system plan and a ground water monitoring plan to be submitted in the application. If ground water contamination from the landfill is detected after a waiver has been granted under this section, the waiver is revoked and the requirements of 20.9.4.13 - 20.9.4.15 NMAC and 20.9.9.8 - 20.9.9.11 NMAC shall thereafter apply.

[20.9.2.14 NMAC - Rp, 20 NMAC 9.1.I.110, 08/02/07]