DSHW-2024-007915

Wade Hess <[e-mail]>
EEI Permitting Steps
1 message
Wade Hess <[e-mail]>Wed, May 8, 2024 at 3:17 PM
To: [e-mail], Todd Bro <[e-mail]>
Cc: "Cahoon, Brad R." <[e-mail]>
Todd and Robert,
As discussed on the phone with Todd, I think this is the best path for EEI moving forward:
First, Secure Class IIIb Permit for Cell 7
Currently, there are just a couple more things that need to be included in your Class IIIb permit application for it to be
complete and to meet the forthcoming Class VII Landfill rules. These items are outlined in the attached document titled
Outstanding IIIb Requirements, EEI. Submit missing info by emailing it to [e-mail] as soon as possible.
Please cc me on that email.
I'm working on drafting a permit that will hopefully be ready for your review around mid-June and be issued in early
August.
Second, Secure Temporary Permit for Entire Facility
Instructions for submitting a temporary permit application have not yet been released by DWMRC, but the requirements
will be minimal. Essentially, we'll be asking facilities to register and create a new facility in our Community Portal (you
have already done this), submit a copy of their current DOGM permit, and DOGM's letter of approval. Once the temporary
permit is issued, the financial assurance you have from DOGM will be moved over to DWRMC and will be considered
sufficient during the duration of the temporary permit.
Even with your current application submissions (and the issuance of the Class IIIb permit), you will still need to secure a
temporary permit.
Also, know that you will no longer be able to close out cells under DOGM beginning October 1, the last date for the
temporary permits to be issued. If you plan to close any part of your facility under DOGM, you should quickly make steps
to do so.
Third, Secure Class VII Permit for Entire Facility
Finally, you'll need to secure your Class VII permit for the entire facility. In this application, you will propose how your
facility will look, operate, and (partially) close from October 1, 2024 onward. You must include all requirements of the
forthcoming Class VII facility, landfill, and surface impoundment rule.
As discussed in our April 25 meeting, this will include plans for the facility footprint. Specifically, it must include all
proposed clean closure (meeting background levels) of landfarm cells, risk-based closure of landfarm cells, and/or waste
and cell consolidation under DWMRC.
Your financial assurance mechanism must be sufficient enough to cover the closure of any open landfarm cells.
Additionally, you must meet the financial assurance requirements needed to achieve closure on all landfill cells. Landfill
cells must be closed according to the general closure requirements of R315-302-3 and landfilling design standards of
R315-303-3(4), which require a final cover.
You have submitted most of the necessary application information for the Class VII permit, but we need a bit more. The
closure/post-closure section will need to be adjusted according to your new closure/post-closure plan. There may also be
some language throughout the Operation Plan or other parts of the application that might need updating depending on
your proposed footprint.
The attached document, Class VII Requirements EEI, details the missing information from the Class VII permit. Also,
requirements may be adjusted depending on rule changes made during the forthcoming rule comment period. You may
submit Class VII permit application info any time between now and rule promulgation, but know that a permit will not be
issued until the Class VII rules are finalized.
Send the updated Class VII application to [e-mail] and cc me on that email.
8/21/24, 9:06 AM State of Utah Mail - EEI Permitting Steps
https://mail.google.com/mail/u/0/?ik=7a8f3b10ce&view=pt&search=all&permthid=thread-a:r6928343411966398553&simpl=msg-a:r-653120411906216…1/2
Reach out with any questions!
Best,
Wade
--
Wade Hess
Environmental Scientist | Solid Waste
Division of Waste Management and Radiation Control
Cell: [phone]
Front Desk: [phone]
wasteandradiation.utah.gov
Emails to and from this email address may be considered public records and thus subject to Utah GRAMA
requirements.
Statements made in this email do not constitute the official position of the Director of the Division of Waste
Management and Radiation Control. If you desire a statement of the Division Director's position,
please submit a written request to the Director, including copies of documents relevant to your request.
2 attachments
Outstanding IIIB Requirements, EEI.docx
22K
Class VII Requirements EEI.docx
30K
8/21/24, 9:06 AM State of Utah Mail - EEI Permitting Steps
https://mail.google.com/mail/u/0/?ik=7a8f3b10ce&view=pt&search=all&permthid=thread-a:r6928343411966398553&simpl=msg-a:r-653120411906216…2/2
EEI CLASS IIIB LANDFILL PERMIT APPLICATION REQUIREMENTS
(from forthcoming rule)

R315-321. Class VII Explora�on and Produc�on Waste Facility Requirements.
R315-321-4. Explora�on and Produc�on Waste Facility Requirements.
Rule Cita�on Rule Content Informa�on Needed from EEI
R315-321-4(3)(c) (3) Standards for Design.
…
(c) The owner or operator of a Class VII
Facility shall comply with the requirements
rela�ng to the management of high liquid
wastes set forth in Subsec�on R315-303-
3(1.1)

R315-303-3 (1.1) High liquid wastes.
(a) The direct disposal of high liquid wastes in
landfill cells is prohibited unless the owner or
operator implements appropriate measures
described in a high liquid waste management
plan approved by the director and included in
the Plan of Opera�ons, that includes the
following informa�on:
(i) waste acceptance criteria;
(ii) dewatering unit design and techniques, if
proposed;
(iii) other stabiliza�on or treatment
techniques, if proposed; and
(iv) a communica�on plan to inform
customers of high liquid waste acceptance
criteria, and costs associated with treatment
of high liquids waste at the facility.
(b) An owner or operator of a solid waste
management facility that u�lizes processes
such as dewatering or other stabiliza�on or
treatment techniques shall:
(i) install and maintain a containment system
having a permeability of no more than 1 x 10-
7 cm/sec, that is capable of maintaining
integrity under the opera�on of heavy
equipment for:
(A) staging areas for high liquid wastes prior
to dewatering, stabiliza�on, or other
treatment;
(B) areas used for dewatering, stabiliza�on,
or other treatment; and
R315-303-3 (1.1)(a)(iv) Submit a
communica�on plan that details
how you will inform customers
of high liquid waste acceptance
criteria, and associated
poten�al increased costs.

R315-303-3 (1.1)(b) Submit
evidence sugges�ng that the
areas used for staging and
dewatering has a permeability
of no more than 1 x 10-7 cm/sec
and that it is capable of
maintaining integrity under the
opera�on of heavy equipment
(engineering plans/blueprints
for liquid waste removal area
including ponds and concrete
staging area).

(ii) appropriately manage leachates derived
from the dewatering or stabiliza�on of high
liquid wastes, including through evapora�on
in a permited solid waste surface
impoundment.
R315-321-
4(3)(e)(i)
(3) Standards for Design.
…
(e) The owner or operator of a Class VII
Facility shall design the facility to meet the
requirements of Subsec�on R315-303-3(7) as
determined by the director.
(i) In addi�on to the signage requirements of
Subsec�on R315-303-3(7)(d), the owner or
operator of a Class VII Facility shall erect a
sign displaying facility operator, and for those
located in Duchesne County or Uintah County,
the loca�on using the Public Land Survey
System.

R315-303-3(7)(d)
(7) Other Requirements. An owner or
operator shall design each [landfill]solid waste
management facility to provide for:
…
(d) erec�ng a sign at the facility entrance that
iden�fies at least the name of the facility, the
hours during which the facility is open for
public use, unacceptable materials, and an
emergency telephone number
R315-321-4(3)(i) Ensure that
you have a sign that iden�fies at
least the name of the facility,
the hours during which the
facility is open for public use,
unacceptable materials, an
emergency telephone number,
and the loca�on using the
Public Land Survey System.
EEI CLASS VII FACILITY PERMIT APPLICATION REQUIREMENTS

R315-321. Class VII Explora�on and Produc�on Waste Facility Requirements.
R315-321-4. Explora�on and Produc�on Waste Facility Requirements.
Rule Cita�on Rule Content Informa�on Needed from EEI
R315-321-4(2) (2) Each Class VII Facility shall meet the
applicable general requirements for closure
and post-closure care of Subsec�ons R315-
302-2(6) and R315-302-3, as determined by
the director.

R315-302-3. General Closure and Post Closure
Requirements.
…
(3) Closure Plan and Amendment.
…
(b) Each owner or operator shall develop,
keep on file and abide by a plan of closure
required by Subsec�on R315-302-2(2)(m)
which, when approved by the Director, will
become part of the permit.
c) The closure plan shall project �me intervals
at which sequen�al par�al closure, if
applicable, is to be implemented and iden�fy
closure cost es�mates and projected fund
withdrawal intervals for the associated
closure costs from the approved financial
assurance instrument required by Rule R315-
309.
R314-302-3(3)(b) Submit a
revised closure plan to
incorporate closure of landfarm
cells and landfill cells.

R314-302-3(3)(c) Submit closure
and post-closure plans that
project �me intervals for
sequen�al closure. Iden�fy cost
es�mates and projected fund
withdrawal intervals for
associated closure/post-closure
costs. Must have sufficient
financial assurance to cover the
costs of closure/post-closure
plan.

R315-321-4(3)(d) (3) Standards for Design.
…
(d) The owner or operator of a Class VII
Facility shall meet the closure requirements of
Subsec�on R315-303-3(4)

R315-303-3(4) Closure. At closure, an owner
or operator of a Class I, II, IIIa, IVa, V, or VII
Facility shall use one of the following designs
for the final cover for all associated landfill
cells.
(a) Standard Design. The standard design of
the final cover for landfill cells within the
facility shall consist of two layers:
(i) a layer to minimize infiltra�on, consis�ng
of at least 18 inches of compacted soil, or
equivalent, with a permeability of 1 x 10-5
R315-321-4(3)(d) Ensure that all
landfill cells are to be closed
using the Standard or
Alterna�ve Final Designs
outlined in R315-303-3(4) and
meet the requirements of any
earth final cover outlined in
R315-303-3(4)(b).
cm/sec or less, or equivalent, shall be placed
upon the final li�s;
(A) in no case shall the cover of the final li�s
be more permeable than the botom liner
system or natural subsoils present in the unit;
and
(B) the grade of surface slopes shall not be
less than 2%, nor the grade of side slopes
more than 33%, except where construc�on
integrity and the integrity of erosion control
can be demonstrated at steeper slopes; and
20
(ii) a layer to minimize erosion, consis�ng of:
(A) at least 6 inches of soil capable of
sustaining vegeta�ve growth placed over the
compacted soil cover and seeded with grass,
other shallow rooted vegeta�on or other
na�ve vegeta�on; or
(B) other suitable material, approved by the
Director.
(b) Requirements for any Earthen Final Cover
[at]on a Landfill cell.
(i) Markers or other benchmarks shall be
installed in any final earthen cover to indicate
the thickness of the final cover. These
markers shall be observed during each
quarterly inspec�on and the earthen cover
shall be raised to the appropriate thickness as
necessary.
(ii) Erosion channels deeper than 10% of the
total cover thickness shall be repaired as soon
as possible following their discovery.
(c) Alterna�ve Final Cover Design. The
Director may approve an alterna�ve final
cover design, on a site specific basis, if it can
be documented that:
(i) the alterna�ve final cover achieves an
equivalent reduc�on in infiltra�on as
achieved by the standard design in Subsec�on
R315-303-3(4)(a)(i); and
(ii) the alterna�ve final cover provides
equivalent protec�on from wind and water
erosion as achieved by the standard design in
Subsec�on R315-303-3(4)(a)(ii).
(d) The expected performance of an
alterna�ve final cover design shall be
documented by the use of an appropriate
mathema�cal model.
(i) The input for the modeling shall include
the clima�c condi�ons at the specific
[landfill]facility site and the soil types that will
make up the final cover.
(ii) The model shall:
(A) be run to show the expected performance
of the final cover at normal precipita�on for a
period of �me un�l stability has been
reached; and
(B) shall be run to show the expected
performance of the final cover during the five
wetest years on record at the site or the
nearest weather sta�on.
(e) The director shall use the following
criteria as part of the basis for determining if
an alterna�ve final cover will be approved:
(i) If the landfill cell has a liner design that
does not use a synthe�c material such as
HDPE, the model will compare the infiltra�on
through the standard cover as required in
Subsec�on R315-303-3(4)(a) and shall show
that the alterna�ve cover performs as well as
the standard cover; or
(ii) If the landfill cell has a liner composed in
part of a synthe�c material such as HDPE, the
model must show an infiltra�on rate of no
greater that 3 millimeters of water per year
during any year of the model run.
(f) If a landfill cell has been constructed using
an approved alterna�ve landfill cell design,
the Director may require, on a site-specific
basis, the landfill cell closure design to be
more stringent than the standard design
specified in Subsec�on R315-303-3(4)(a) to
protect human health or the environment.
(g) In no case shall any modifica�on be made
to the final cover, as placed and approved at
closure by the Director, unless that
modifica�on:
(i) is a necessary repair of the approved final
cover;
(ii) maintains or improves the effec�veness of
the final cover; and
(iii) is approved by the Director.
R315-321-4(6) (6) Financial Assurance. (a) The owner or
operator of each Class VII Facility shall
establish financial assurance as required by
Sec�on R315-309.

R315-309. Financial Assurance.
R315-309-1. Applicability.
(1) The owner or operator of any solid waste
disposal facility [requiring a permit]subject to
the requirements for a permit under
Subsec�on R315-310-1(a), or as otherwise
required by the director, shall establish
financial assurance sufficient to assure
adequate closure, post-closure care, and
correc�ve ac�on, if required, of the facility by
compliance with one or more financial
assurance mechanisms acceptable to and
approved by the Director.
…
R315-309-3. General Requirements for
Financial Assurance Mechanisms.
(1) Any financial assurance mechanism in
place for a solid waste facility:
(a) must be legally valid, binding, and
enforceable under Utah and Federal law; (b)
must ensure that funds will be available in a
�mely fashion when needed; and
(c) any financial assurance mechanism that
guarantees payment rather than
performance, but does not allow the Director
to approve par�al payments to a third party,
shall establish a standby trust at the �me the
financial assurance mechanism is established.
(i) In the case of a financial assurance
mechanism for which the establishment of a
standby trust is required, the standby trust
fund shall meet the requirements of
Subsec�ons R315-309-4(1), (2), and (4).
(ii) Payments from the financial assurance
mechanism shall be deposited directly into
the standby trust fund and payments from the
standby trust fund must be approved by the
Director and the trustee.
(2) The owner or operator of a solid waste
facility that is required to provide financial
assurance:
R315-309-1(1) Must establish
financial assurance sufficient to
assure adequate closure and
post-closure of en�re facility.
(a) shall submit the required documenta�on
of the financial assurance mechanism to the
Director;
(b) prior to the financial assurance
mechanism becoming effec�ve and ac�ve for
a solid waste facility, the mechanism must be
approved by the Director; and
(c) Financial assurance mechanism
documents submited to the Director shall be
signed originals or signed duplicate originals.
(3) The owner or operator of a solid waste
facility may establish financial assurance by
any mechanism that meets the requirements
of Subsec�on R315-309-1(1) as approved by
the Director.
(4) The owner or operator of a solid waste
facility may establish financial assurance by a
combina�on of mechanisms that together
meet the requirements of Subsec�on R315-
309-1(1) as approved by the Director. Except
for the condi�ons specified in Subsec�on
R315-309-8(6)(c), financial assurance
mechanisms guaranteeing performance,
rather than payment, may not be combined
with other instruments.
R315-322. Solid Waste Surface Impoundment Requirements.
R315-322-1. Applicability
R315-322-1(1) (1) Unless otherwise determined by the
director, the following standards set forth in
R315322 shall apply to any solid waste surface
impoundment, whether operated in
connec�on with a solid waste management
facility or on a stand-alone basis
R315-322-1(1) These rules will
apply to the holding ponds
associated with the dewatering
area on Cell 1.
R315-322-5. Standards for Design.
Surface impoundments shall be designed, maintained, and operated to meet the following
requirements:
R315-322-5(2) (2) Surface impoundment levees shall be
constructed so that the inside grade of the
levee is no steeper than 3:1 and the outside
grade no steeper than 2:1.
R315-322-5(2) Outside grade of
levee must be indicated.
R315-322-5(2)(a) (a) The top of the levee shall have a 2% cross
slope toward the pond and be of sufficient
width to allow for adequate anchoring of liner
components and compac�on.
R315-322-5(2)(a) Cross slope of
top of levee should be indicated
and have a 2% cross slope.
R315-322-5(9) 9) The owner or operator of a solid waste
surface impoundment shall provide design
R315-303-3(6) Surface
impoundment/unloading area
drawings and as built drawings signed and
sealed by a professional engineer according to
R315-303-3(6).

R315-303-3(6) Design Drawings
(a) Design drawings and as built drawings of
any engineered structure, including landfill
cell liners, leachate collec�on systems, run-
on/run-off control systems, final covers,
ground water monitoring systems, and gas
collec�on systems, shall be signed and sealed
by a professional engineer registered in the
State of Utah.
designs and drawings shall be
signed and sealed by a
professional engineer registered
in the State of Utah.
R315-322-5(10) (10) Groundwater Protec�on.
…
(b) The owner or operator of a new solid
waste surface impoundment or lateral
expansion of an exis�ng solid waste surface
impoundment shall either:
(i) meet the groundwater alterna�ve or
waiver found in Subsec�on R315-302-
1(2)(e)(vi)7;

R315-302-1(2)(e)(vi) Groundwater
Alterna�ve.
(A) Subject to the groundwater performance
standard stated in Subsec�on R315303-2(1), if
a solid waste disposal facility is to be located
over an area where the groundwater has a
TDS of 10,000 mg/l or greater, or where there
is an extreme depth to groundwater, or where
there is a natural impermeable barrier above
the groundwater, or where there is no
groundwater, the director may approve, on a
site specific basis, an alterna�ve groundwater
monitoring system at the facility or may wave
the groundwater monitoring requirement. If
groundwater monitoring is waved the owner
or operator shall make the demonstra�on
stated in Subsec�on R315-308-1(3).

(3) Groundwater monitoring requirements
may be waived by the director if the owner or
operator of a solid waste disposal facility can
demonstrate that there is no poten�al for
migra�on of hazardous cons�tuents from the
R315-322-5(10)(b) Either:

1) R315-322-5(10)(b)(i) Meet
the groundwater waiver by
showing that there is no
poten�al for migra�on of
hazardous cons�tuents from the
facility to the groundwater
during the ac�ve life of the
facility and the post-closure care
period. This demonstra�on
must be cer�fied by a qualified
groundwater scien�st and use
site-specific field collected
measurements, sampling, and
analysis of physical, chemical,
and biological processes
affec�ng contaminant fate and
transport as well as
contaminant fate and transport
predic�ons that maximize
contaminant migra�on and
consider impacts on human
health and the environment.

OR

2) R315-322-5(10)(b)(iii)
Maintain a leak detec�on
system with the following:
R315-322-5(12)(c)(i) A sump
that is at least 18 inches in
diameter and that extends a
facility to the groundwater during the ac�ve
life of the facility and the post-closure care
period. This demonstra�on shall be cer�fied
by a qualified groundwater scien�st and
approved by the director, and shall be based
upon:
(a) site-specific field collected measurements,
sampling, and analysis of physical, chemical,
and biological processes affec�ng
contaminant fate and transport; and
(b) contaminant fate and transport
predic�ons that maximize contaminant
migra�on and consider impacts on human
health and the environment.

…
(iii) install and maintain leak detec�on
equipment and conduct monitoring according
to Sec�on R315-322-5(12).

R315-322-5(12) Leak Detec�on System.
…
(c) The leak detec�on design shall include a
ver�cal riser outside the dike allowing direct
visual inspec�on of the sump from the
surface. The sump shall be designed:
(i) to be at least 18 inches in diameter and to
extend a minimum of two feet below the inlet
line from the pond, allowing visual detec�on
of any fluid and sampling of fluid;
(ii) with a removable top for the sump riser
that prevents entry of fluids;
(iii) with leak detec�on piping capable of
withstanding destruc�on resul�ng from
contact with waste, structural loading from
stresses and disturbances from overlying
waste and cover materials, equipment
opera�on, expansion or contrac�on, and
facilitate clean-out maintenance.
(d) Leak detec�on monitoring shall be
performed at each riser when liquid waste is
present inside of the impoundment, and shall
be:
(i) performed with no greater than 5 days
between monitoring surveys, and on every
day that waste is received in the
minimum of two feet below the
inlet line from the pond,
allowing visual detec�on of any
fluid and sampling of fluid;
R315-322-5(12)(c)(ii) Has a
removable top for the sump
riser that prevents entry of
fluids;
R315-322-5(12)(c)(iii) Has leak
detec�on piping capable of
withstanding destruc�on
resul�ng from contact with
waste, structural loading from
stresses and disturbances from
overlying waste and cover
materials, equipment opera�on,
expansion or contrac�on, and
facilitate clean-out
maintenance.

impoundment; and (ii) recorded in the facility
opera�ng record.
R315-322-
5(11)(d)(i through
vi)
(11) Synthe�c Liners.
…
(d) The owner or operator shall submit
procedures for repair of the liner, should
leakage occur. Repair procedures shall be
reviewed and signed by a professional
engineer and may include repair procedures
prepared by the liner manufacturer. Repair
procedures shall include:
(i) methods used to remove liquids and solids
as necessary from the surface impoundment;
(ii) management of waste removed;
(iii) loca�on of the leak;
(iv) repair of the leak;
(v) tes�ng of the repair; and
(vi) procedures for resuming opera�ons.
R315-322-5(11)(d)(i through vi)
Submit procedures for repairing
liner if leak is detected. Include
methods to remove liquids and
solids before repair,
management of wastes
removed, determina�on of leak
loca�on, leak repair, tes�ng of
repair, and procedures for
resuming opera�on.
R315-322-
5(12)(c)(i through
iii)
(12) Leak Detec�on System.
…
(c) The leak detec�on design shall include a
ver�cal riser outside the dike allowing direct
visual inspec�on of the sump from the
surface. The sump shall be designed:
(i) to be at least 18 inches in diameter and to
extend a minimum of two feet below the inlet
line from the pond, allowing visual detec�on
of any fluid and sampling of fluid;
(ii) with a removable top for the sump riser
that prevents entry of fluids; and
(iii) with leak detec�on piping capable of
withstanding destruc�on resul�ng from
contact with waste, structural loading from
stresses and disturbances from overlying
waste and cover materials, equipment
opera�on, expansion or contrac�on, and
facilitate clean-out maintenance.
R315-322-5(12)(c)(i) A design
showing sump that is at least 18
inches in diameter and that
extends a minimum of two feet
below the inlet line from the
pond, allowing visual detec�on
of any fluid and sampling of
fluid;

R315-322-5(12)(c)(ii) Design
showing that sump has
removable top for the sump
riser that prevents entry of
fluids;

R315-322-5(12)(c)(iii) Design
showing that sump has leak
detec�on piping capable of
withstanding destruc�on
resul�ng from contact with
waste, structural loading from
stresses and disturbances from
overlying waste and cover
materials, equipment opera�on,
expansion or contrac�on, and
facilitate clean-out
maintenance.

R315-322-7. Closure and Post-Closure
R315-322-7(2)(a
through c)
(2) Upon closure, the owner or operator of
each solid waste surface impoundment shall:
(a) excavate, remove, and dispose of all
liners, sludges, stained soils, and other solid
wastes associated with the solid waste
surface impoundment for disposal in a
permited solid waste management facility
and install soil and seed according to
Subsec�on R315-3033(4)(a)(ii)20; or
(b) obtain a permit from the director to
dispose of residual nonhazardous solid wastes
associated with the solid waste surface
impoundment on site, in compliance with
Subsec�on R315-303-3(4)19 rela�ng to
closure requirements; or
(c) a combina�on of Subsec�ons R315-322-
7(2)(a) and R315-322-7(2)(b), as approved by
the director;
R315-322-7(2)(a through c)
Include in closure and post-
closure plan intended method
for closure and post-closure
care of surface impoundments.