20.9.5.9

ADDITIONAL MUNICIPAL, SPECIAL WASTE, AND MONOFILL LANDFILL OPERATING REQUIREMENTS. All municipal and special waste landfill owners and operators shall:

1. A. utilize the principles of sanitary engineering to:

   (1) confine the working face to the smallest practical area;

   (2) compact the solid waste to the smallest practical volume; and

   (3) minimize exposure of landfill employees and the public to animal carcasses and offal, and immediately cover such wastes when they are received;

2. B. prevent the generation and lateral migration of methane such that:

   (1) the concentration of methane generated by the facility does not exceed 25 percent of the lower explosive limit (LEL) for methane in facility structures (excluding gas control or recovery system components); and

   (2) the concentration of methane does not exceed the LEL at the facility property boundary;

3. C. implement a routine methane monitoring program to ensure that the requirements of Paragraphs (1) and (2) of Subsection B of this section are met;

   (1) the type and frequency of monitoring shall be determined based on the following conditions:

   (a) soil conditions;

   (b) the hydrogeologic conditions surrounding the facility;

   (c) the hydraulic conditions surrounding the facility; and

   (d) the location of facility structures and property lines;

   (2) the minimum frequency of monitoring shall be quarterly, except that landfills that receive less than 20 tons per day annual average, or closed prior to October 9, 1993, or monofills may be permitted for less frequent monitoring, provided on-site measurements indicate methane levels are consistently less than 25 percent of the LEL for methane; and

   (3) if methane gas levels exceed the limits specified in Paragraphs (1) and (2) of Subsection B of this section, the owner or operator shall:

   (a) immediately take all necessary steps to ensure protection of public health, welfare and the environment and notify the secretary;

   (b) within seven days of detection, record the methane levels detected and a description of the steps taken to protect public health, welfare and the environment; and

   (c) within 60 days of detection, implement a remediation plan approved by the secretary for the methane releases, and notify the secretary that the plan has been implemented; the plan shall describe the nature and extent of the problem and proposed remedy;

4. D. prevent unauthorized access by the public and entry by large animals to the active portion of the landfill through the use of fences, gates, locks, or other means;

5. E. control run-on water onto the site and run-off water from the site, such that:

   (1) the run-on control system shall prevent flow onto the active portion of the landfill during the peak discharge from a 24-hour, 25-year storm;

   (2) the run-off control system from the active portion of the landfill collects and controls at least the water volume resulting from a 24-hour, 25-year storm; and

   (3) run-off from the active portion of the landfill shall not be allowed to discharge any pollutant to the waters of the state or United States that violates any requirements of the New Mexico Water Quality Act, commission regulations and standards or the federal Clean Water Act;

6. F. prohibit scavenging;
7. G. provide adequate means to prevent and extinguish fires;
8. H. direct the deposit of hot waste at a specific location at the facility which is remote from the operating area; the hot waste shall be immediately spread out for cooling and extinguished if on fire; the hot waste shall not be mixed with the regular solid waste stream until it reaches a temperature that will not support combustion;
9. I. provide and maintain access roads at the facility site, such that traffic can enter and exit the site safely, will flow smoothly, and will not be interrupted by inclement weather;
10. J. provide sufficient unloading areas to meet demands of peak periods;
11. K. measure leachate head on the liner and sump pump as necessary, and except as otherwise allowed in Paragraph (9) of Subsection A of 20.9.2.10 NMAC, 20.9.2.14 NMAC and Subsection C of 20.9.4.13 NMAC, collect and treat leachate by a method approved by the secretary and maintain records on a quarterly basis of leachate generation and treatment;
12. L. control litter, disease vectors, dust and odors;
13. M. notify the department prior to installing exploratory borings for the purpose of waste characterization or mapping or removing waste for routine maintenance on gas collection and control or venting systems, unless the event involves less than 120 cubic yards of solid waste;

14. N. cover the active face with a six-inch layer of earth or specifically approved alternate daily cover at the conclusion of each day's operation or more often as conditions may dictate, except that for landfills that receive less than 20 tons of waste per day annual average or monofills, the permit may allow alternate frequencies to the daily cover requirements; when permitting a reduced frequency, the secretary shall:

    (1) consider the unique characteristics of small communities;

    (2) consider climatic and hydrogeologic conditions;

    (3) consider measures to prevent vector harborage and animal intrusion; and

    (4) determine that the approved frequency will be protective of human health and the environment;

15. O. provide intermediate cover which shall be:

    (1) at least one foot thick, or other specifically approved thickness;

    (2) placed on all areas of a landfill that have not received waste for 60 days or longer, or have not reached final elevation;

    (3) stabilized with vegetation or other specifically approved method on any areas that have been inactive for more than two years; and

    (4) constructed and maintained to prevent erosion and infiltration; and

16. P. if diversion of recyclable materials is conducted:

    (1) perform the diversion in a sanitary manner, with storage confined to an area remote from the operating area of the landfill, and in a manner which does not interfere with or delay the operation of the landfill or create a nuisance, litter problem, vector harborage, or public health hazard;

    (2) remove all recyclable materials from the facility in a timely manner such that the area does not become a permanent storage area; and

    (3) store recyclables in such a manner that the area is clean, materials are separated by type, and the potential for contamination is minimized;

17. Q. owners or operators of municipal or special waste landfills permitted after the effective date of these regulations to accept 25,000 tons per year or more, shall, prior to commencing operations, install scales at the landfill and weigh incoming waste;
18. R. owners or operators of municipal or special waste landfills permitted or registered before the effective date of these regulations to accept 25,000 tons per year or more, shall no later than five years after the effective date of these regulations, install scales at the landfill and weigh incoming waste;
19. S. owners and operators of scrap tire monofills shall accept no solid waste for disposal other than baled scrap tires;
20. T. a landfill permitted as a special waste landfill may accept municipal waste and construction and demolition waste if approved in its permit.

[20.9.5.9 NMAC - Rp, 20.9.1.IV.402 NMAC, 8/2/2007]