Sec.22a-209-14. Disposal of residue

(a) After the effective date of this section, no person shall dispose of residue except at a solid waste disposal area:

(1) With respect to which the Commissioner has issued a permit to discharge leachate under Section 22a-430 of the General Statutes and Sections 22a-430-3 and 22a-430-4 of the Regulations of Connecticut State Agencies, or with respect to which the operator is in compliance with an order issued under Chapter 446k of the General Statutes;

(2)

(A) With respect to which the Commissioner has, after the effective date of this section, issued a permit to construct and operate a solid waste disposal area for the disposal of residue under Section 22a-208a of the General Statutes and Section 22a-209-4 and this section of the Regulations of Connecticut State Agencies, or

(B) If such solid waste disposal area was operating on the effective date of this section, with respect to such solid waste disposal area the Commissioner had issued a permit to operate under Section 22a-208a of the General Statutes and Section 22a-209-4 of the Regulations of Connecticut State Agencies and such permit specifically authorized the disposal of residue at such solid waste disposal area; and

(3) The groundwater at which, and at the zone of influence of which, is classified GC by the Water Quality Standards.

(b)

(1) Any person who constructs or operates a solid waste disposal area for the disposal of residue shall comply with all applicable provisions of Chapter 446d of the General Statutes and Sections 22a-209-1 through 22a-209-13, inclusive of the Regulations of Connecticut State Agencies, including the operator certification requirements of Section 22a-209-6 of the Regulations of Connecticut State Agencies.

(2) Any person who operates a solid waste disposal area for the disposal of residue shall comply with the requirements of this section, except as provided in subdivisions (3) and (4) of this subsection.

(3) Any person who on the effective date of this section operates a solid waste disposal area for the disposal of residue, which solid waste disposal area satisfies the conditions of subdivisions (a) (1), (a) (2) (B), and (a) (3) of this section, but whose operations at which solid waste disposal area do not conform to the requirements of subsection (d) of this section, shall within 90 days of the effective date of this section submit to the Commissioner an application to amend the permit issued to such person under Section 22a-208a of the General Statutes and Section 22a-209-4 of the Regulations of Connecticut State Agencies. The application shall demonstrate that operations at the solid waste disposal area will comply with subsection (d) of this section by a reasonable date or dates.

(4) Any person who on the effective date of this section operates a solid waste disposal area for the disposal of residue, which solid waste disposal area satisfies the conditions of subsection (a) (1), (a) (2) (B) and (a) (3) of this section, may continue to dispose of residue at such solid waste disposal area for only three years without complying with subsections (g) and (h) of this section.

(5) The Commissioner may, upon written application and after a hearing held in accordance with Chapter 54 of the General Statutes and Section 22a-3a-1 of the Regulations of Connecticut State Agencies, extend for up to two years the three-year exemption period provided for in subdivision (4) of this subsection if such an extension would not adversely affect the waters or other natural resources of the state. In determining whether to grant, conditionally grant, or deny an application under this subsection, the Commissioner shall consider the hydrogeology of the affected area, the potential for pollution resulting from further delay in compliance with subsections (g) and (h) of this section, and the time necessary to comply with such subsections.

(6) An application submitted after the effective date of this section to construct and operate a solid waste disposal area for the disposal of residue may propose alternate technologies to meet the goals of this section, which are to protect the waters of the State from pollution and to prevent the dispersion of residue. The applicant shall demonstrate that such alternate technologies will achieve these goals to the same degree as the requirements specified in this section, that such alternate technologies have been utilized in similar circumstances, and that such alternate technologies are supported by scientific and engineering evidence that they will provide an equivalent degree of protection against water pollution and dispersion of residue as implementation of the requirements specified in this section.

(c) Any person who after the effective date of this section seeks a permit to construct and operate a solid waste disposal area for the disposal of residue, or who on the effective date of this section operates a solid waste disposal area for the disposal of residue and such solid waste disposal area and its zone of influence are in a location where the groundwater is not classified GC by the Water Quality Standards, may apply to the Commissioner pursuant to Section 22a-430-4 of the Regulations of Connecticut State Agencies for an amendment of the pertinent groundwater classification.

(d) Any person who operates a solid waste disposal area for the disposal of residue shall comply with the following requirements:

(1) Residue shall be disposed of in monocells. The number of monocells at a solid waste disposal area shall be adequate for the size and configuration of the solid waste disposal area. Enough monocells shall be equipped with pan lysimeters or similar devices to allow a reliable determination of the quantity and quality of leachate generated by residue disposed of at such solid waste disposal area.

(2) No solid waste other than residue shall be deposited in or above the actual limit of a monocell in which residue has been deposited unless the Commissioner determines that such other solid waste will provide equivalent, minimal infiltration, prevent dispersion of any solid waste, including residue, and will not produce leachate that will have an adverse effect on water quality or that will increase the production of leachate from residue or have an adverse impact on the quality of leachate produced by residue.

(3) The groundwater monitoring requirements of Section 22a-430-4 (C) (20) (e) of the Regulations of Connecticut State Agencies shall be met at any solid waste disposal area utilized for the disposal of residue, including provisions for the monitoring of dioxin in groundwater, utilizing a dedicated dioxin sampling well.

(e) An application after the effective date of this section for a permit to construct and operate a solid waste disposal area for the disposal of residue shall comply with the provisions of Section 22a-209-4 of the Regulations of Connecticut State Agencies and shall also include the following:

(1) A completed application under subsection (c) of this section to reclassify groundwater, if applicable.

(2) A completed application for a leachate discharge permit under Section 22a-430 of the General Statutes and Sections 22a-430-3 and 22a-430-4 of the Regulations of Connecticut State Agencies.

(3) Engineering plans which include:

(A) A plan showing the existing contours of the proposed solid waste disposal area and adjacent land extending to the nearest surface water or to any other surface water which may be affected by operations at such solid waste disposal area or by leachate generated by such solid waste disposal area;

(B) A plan for construction and operation, including the sequence of construction of the solid waste disposal area; lift orientation; location, dimensions, and construction of access roads; and the sequence and construction of cells. Such plan shall include provisions for the inspection of residue as it is deposited at the working face. Such plan shall ensure that the size of the working face of the solid waste disposal area shall be kept to a minimum and that generation of leachate will be minimized through compaction of waste and provision of adequate cover; and

(C) A plan for compliance with subsections (g), (h), (i), and, (j) of this section.

(4) A management plan indicating the personnel and equipment that will be employed to ensure compliance with any approved plan of operation.

(5) A plan for the monitoring of leachate and groundwater that conforms to the provisions of Section 22a-430-4 (c) (20) (E) of the Regulations of Connecticut State Agencies.

(6) A plan for post-closure maintenance and monitoring to ensure the minimization of leachate generation and the monitoring of groundwater and pertinent surface waters for a period of time which is adequate to protect the environment and is at least 30 years. At a minimum such plan shall:

(A) Identify all persons that will be legally responsible for the solid waste disposal area following closure;

(B) Provide for financial guarantees to ensure the long term monitoring and maintenance of the facility as provided for in Section 22a-209-4 (i) of this regulation;

(C) Provide for post-closure inspection, monitoring, and maintenance of the solid waste disposal area and the remediation of any damage to or deficiencies in its liner system, final cover, security facilities, or monitoring or treatment systems or facilities;

(D) Provide for post-closure operation of such treatment system as is provided for leachate.

(7) Two years prior to the conclusion of the post-closure monitoring and maintenance period required by a permit to operate a solid waste disposal facility for the disposal of residue, the Commissioner shall commence reviewing the post-closure monitoring data that has been collected by the owner or operator of such area, and on the basis of that data and any other pertinent information shall determine whether such disposal area is causing or has the potential to cause pollution of the waters of the state or presents a threat to public health. If she determines that such disposal area is causing or has the potential to cause pollution of the waters of the state or presents a threat to public health, she may require that the owner or operator of such disposal area continue for a specified time and in a specified manner to inspect, monitor and maintain such disposal area. Prior to finally making such a determination the Commissioner shall hold a public hearing. The owner or operator of such area shall publish, at least thirty days prior to the hearing, a notice thereof in a newspaper having substantial circulation in the area affected. Such notice shall include the name and location of the solid waste disposal area, the Commissioner's tentative determination, and the time and place of the hearing. Nothing in this subdivision shall affect the Commissioner's authority under the Connecticut General Statutes, Section 22a-6, Chapter 446c, Chapter 446d, Chapter 446k, or Chapter 445.

(f) Residue shall be managed and transported in accordance with the following:

(1) The operator of a resource recovery facility, municipal solid waste incinerator or biomedical waste incinerator shall dewater residue before shipping it to a solid waste disposal area in accordance with such plan for residue dewatering as may have been approved by the Commissioner in the course of the proceeding on the application to construct and operate such facility. Regardless of the dewatering process used, residue shall be dewatered to the maximum extent achievable by use of gravity dewatering and, in any case, to the extent necessary to prevent such residue from becoming airborne. Effluent from the process of dewatering residue shall be discharged in accordance with a permit issued pursuant to section 22a-430 of the General Statutes.

(2) The operator of a solid waste disposal area for the disposal of residue shall be responsible for assuring that residue is transported to such disposal area by equipment and procedures approved by the Commissioner in the course of the proceeding on the application to approve such solid waste disposal area. Such equipment shall be designed to prevent leakage, spillage, and dispersion of residue during transportation.

(3) For each load of residue received at a solid waste disposal area, the operator of such solid waste disposal area shall record the weight of the load, its origin, and the location of the cell utilized for its disposal. Such records shall be maintained at the solid waste disposal area. On January 1, April 1, July 1, and October 1, the operator shall submit to the Commissioner, on a form provided by her, a summary of the information in all such records generated during the preceding three months.

(g) Except as provided in subsections (a) and (b) of this section, a solid waste disposal area for the disposal of residue shall be provided with a liner system which includes a leachate collection system and a leak detection zone, and a leachate treatment and discharge system. The liner system shall be constructed and operated in accordance with the following requirements. To the extent possible, these requirements shall be implemented to facilitate treatment of residue before disposal and retrieval of residue after disposal.

(1) The liner system shall consist of a protective cover, a leachate collection system, a primary liner, a leachate leak detection zone, a secondary liner and a subbase (the bottom of the liner system).

(A) The subbase of the liner system shall be at least five feet above the maximum high water table and five feet above the surface of bedrock. The maximum high water table shall be determined as follows:

(i) The maximum high water table may be determined either on the basis of mottling indicators if such mottling indicators are identified by a certified soil scientist, or on the basis of data resulting from monthly sampling of groundwater monitoring wells in the solid waste disposal area for at least one year.

(ii) If the methodologies specified in subparagraph (g) (1) (A) (i) for determining the maximum high water table result in a determination that the maximum high water table is lower than the 100-year flood elevation, for purposes of constructing the subbase of the liner the maximum high water table shall be assumed to be at the 100-year flood elevation.

(iii) With regard to the provisions of subparagraph (g) (1) (A) (ii), the Commissioner may, in a permit proceeding, waive the requirement that the subbase of the liner system be placed above the 100 year flood elevation, provided that the site is protected from flooding by permanent protective structures. The maximum high water table shall be determined in the absence of any system of underdrainage or groundwater pumping.

(B) The protective cover of the liner system shall:

(i) Be comprised of earthen material that contains no sharp edges, aggregate, rocks, debris, plant material or non-natural material larger than 1/4 inch in diameter;

(ii) Be graded uniformly, properly compacted and smoothed;

(iii) Be installed in a manner that avoids damage to the liner;

(iv) Have recompacted permeability greater than 1 X 10-4 cm/sec, as demonstrated by field and laboratory tests, and allow the free flow of liquids and leachate generated by residue; and

(v) Be at least twelve inches thick.

(C)

(i) The liner system shall be a dual synthetic liner system consisting of 12 inches of granular earthen filter material, underlain by geotextile, underlain by 12 inches of granular free-draining material or equivalent synthetic drainage structures containing a leachate collection system, underlain by a flexible membrane liner, underlain by 12 inches of granular earthen material, underlain by 12 inches of granular free-draining material or equivalent synthetic drainage structures containing a leachate detection system, underlain by a flexible membrane liner, underlain by compacted native soil.

(ii) The edge of the liner shall be clearly marked in the field by the placement of permanent markers at each corner and every 100 feet around the perimeter of such liner.

(iii) Residue shall not be placed within five feet of the edge of the liner.

(iv) To prevent the lateral escape of leachate, the liner shall be provided with a lined berm that is at least four feet high.

(v) The flexible membrane portions of the liner shall not have a permeability which exceeds 1 X 10-11 cm/sec as demonstrated by field and laboratory tests; shall be at least 60 mils thick; shall be unaffected by the constituents of leachate and of sufficient strength to resist physical damage when installed; shall be installed under the direct supervision of a representative of the manufacturer; and shall be inspected for damage during installation.

(2) The leachate collection system of the liner system shall:

(A) Utilize perforated pipes or other means of intercepting free-flowing liquids and leachate within the layer of granular material in the liner above the flexible membrane;

(B) Utilize pipes and structures for collection that meet ASTM and AASHTO specifications and are capable of preserving the integrity of the system;

(C) Be designed to ensure that free-flowing liquids and leachate will drain continuously from the protective cover to a collection sump or point without ponding or accumulating on the liner;

(D) Be designed to maximize the effectiveness of leachate collection and to facilitate maintenance and cleaning; and

(E) Utilize rounded stone, aggregate materials, geotextiles, or other materials acceptable to the Commissioner to prevent soil intrusion or damage to the leachate collection system.

(3) The leachate detection zone of a liner system shall be designed to detect failure of the liner system, to prevent stretching, tearing, distortion or loss of the liner, to facilitate collection of leachate for analysis, and to facilitate maintenance and cleaning, and shall:

(A) Be at least 12 inches thick;

(B) Be composed of earthen material of which no particle exceeds 1/4 inch in diameter, and shall have an in-situ permeability of greater than 1 X 10-3 cm/sec, as demonstrated by field and laboratory tests; or

(C) Be comprised of synthetic materials which have drainage characteristics equivalent to 12 inches of the material specified in subparagraph (3) (B) of this subsection.

(D) Contain a system of pipes or structures capable of detecting and conveying leachate leakage to a monitoring sump or point for sampling and analysis. Such pipes or structures shall:

(i) Be sloped, sized and spaced so as to ensure that liquids will drain from the detection zone, and in no event shall such pipes or structures be less than three inches in diameter or be spaced, from center to center, less than 25 feet apart;

(ii) Be made of material which is unaffected by the constituents of leachate, which meets ASTM or ASSHTO specifications, and is adequate to withstand design traffic loads; and

(iii) Utilize rounded stones, aggregate, geotextiles, or other material capable of preventing the deposition of sediment in such pipes or structures or damage to the liner.

(4) The liner system shall be constructed in accordance with the following:

(A) No site preparation or construction shall take place prior to the issuance of a permit to construct under Section 22a-208a of the General Statutes and Section 22a-209-4 and this section of the Regulations of Connecticut State Agencies. Nothing in this subparagraph shall preclude the Commissioner from considering the issuance of a permit to construct and operate a solid waste disposal area for the disposal of residue on land which prior to the effective date of this section was altered for purposes other than preparation or construction of such a disposal area.

(B) Construction shall take place under the supervision of a registered professional engineer who shall certify to the Commissioner each phase of construction, including each layer of the liner and the leachate collection system and detection zone.

(C) Residue shall not be deposited at a solid waste disposal area until

(i) The engineer referred to in subparagraph (4) (B) of this subsection has submitted as-built plans and specifications for such solid waste disposal area to the Commissioner and they have been acknowledged by the Commissioner to conform to the provisions of the permit to construct;

(ii) A permit to operate such solid waste disposal area has been issued under Section 22a-208a of the General Statutes and Section 22a-209-4 and this section of the Regulations of Connecticut State Agencies; and

(iii) The Commissioner has been notified in writing of the duration and conditions of any warranties for the pipes, materials, and appurtenant structures and devices used in the leachate collection system.

(h) A solid waste disposal area for the disposal of residue shall be designed to minimize the infiltration of storm water into the soil and the production of leachate. A stormwater control system shall, at a minimum, provide for the following:

(1) A sequence of filling which minimizes the infiltration of stormwater into the soil;

(2) A system of dispersion berms, trenches or other drainage structures to prevent stormwater from infiltrating the soil and direct water away from the solid waste disposal area;

(3) Intermediate cover materials of low permeability;

(4) Removal of snow from the disposal area; and

(5) A stormwater discharge system that includes a sedimentation and erosion control basin capable of containing a 25-year design storm. For the purpose of this subdivision, a 25-year design storm is a storm which produces three inches of rainfall in a 24-hour period. A stormwater discharge system is subject to the permit requirements of Section 22a-430 of the General Statutes and Sections 22a-430-3 and 22a-430-4 of the Regulations of Connecticut State Agencies.

(i) A solid waste disposal area for the disposal of residue shall be designed and operated to provide for the final cover, grading and stabilization of such solid waste disposal area in accordance with the following:

(1) Within one week after completing any cell in the final lift in any portion of the solid waste disposal area, the operator of such solid waste disposal area shall:

(A) Over the daily cover required by Section 22a-209-7 of the Regulations of Connecticut State Agencies, install a cap on the affected cell composed of uniform and compacted clay or synthetic material, such clay or synthetic material to have a permeability no greater than 1 X 10-7 cm/sec. The cap shall cover the final lift and shall be at least 12 inches thick. A cap composed of synthetic material shall conform to the requirements of subparagraph (g) (1) (C) (v) of this section, except that such a cap shall be at least 30 mils thick.

(B) Cover the cap described in subparagraph (A) of this subdivision with a compacted and uniform layer of earthen material at least 2 feet thick. Such earthen material shall compact easily, shall not crack excessively when dry, and shall facilitate the germination and propagation of vegetative cover adequate to stabilize the final cover.

(C) Grade the cover described in subparagraph (B) of this subdivision to a slope that is less than 15%, unless the operator has demonstrated that by the use of special engineering techniques the cover can be permanently stabilized at a greater slope. No portion of the final slope shall exceed 33%. If the Commissioner has approved a final slope in excess of 15%, then the final cover shall have terraces at least ten feet in width for every 20 feet of maximum rise in elevation. The grade of the terraces shall be 5%, and drainage of stormwater shall be directed back into the slope of the landfill.

(2) Within one month after the final cover described in subdivision (1) of this subsection is completed, or as soon thereafter as weather permits, vegetation shall be established on such cover for the purpose of permanently stabilizing such cover and preventing erosion by wind or water. Such vegetation shall be seeded and maintained as follows:

(A) Plant species utilized may be native or introduced but in any event shall be quick-germinating, fast-growing, hardy, perennial, capable of self-generation and plant succession and of adequately controlling erosion in all seasons.

(B) Mulch, geotextiles, rip-rap or other appropriate materials shall be utilized after seeding, as needed, to control erosion, promote germination of seeds and enhance moisture retention in the soil.

(C) Vegetation, once established, shall be maintained to prevent the creation of any condition that could result in soil erosion, including the growth of any plant species with a root structure that could damage the final cover.

(D) If weather conditions preclude the immediate seeding of vegetation on the final cover, the facility operator shall utilize mulch, geotextiles, rip-rap, or other appropriate materials to temporarily stabilize the final cover. As soon as weather permits, vegetation shall be seeded in accordance with the requirements of this subdivision.

(j) The operator of a solid waste disposal area for the disposal of residue shall utilize any means, including but not limited to inspection of material to be disposed, necessary to ensure that no residue deposited in a cell contains material capable of penetrating or puncturing any portion of the liner.

(k) Leachate from a leachate collection system installed pursuant to subsection (g) of this section and leachate from a leachate treatment system installed pursuant to a permit issued under Section 22a-430 of the General Statutes and Sections 22a-430-3 and 22a-430-4 of the Regulations of Connecticut State Agencies shall be discharged only in accordance with the terms of such permit, and shall be subject to all requirements specified in such permit.

(Effective February 28, 1990)