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HomeMy WebLinkAboutDSHW-2024-006432DIVISION OFWASTE MANAGEMENT AND RADIATION CONTROL SOLID WASTE LANDFILLPERMIT Bayview Landfill Pursuant to the provision of the Utah Solid and Hazardous Waste Act, Title 19, Chapter 6, Part 1, Utah Code Annotated (Utah Code Ann.) (the Act) and the Utah Solid Waste Permitting and Management Rules, R315-301 through 320 of the Utah Administrative Code adopted thereunder, this Permit is issued to:Northern Utah Environmental Resource Agencyas owner and operator(Permittee), to own, construct, and operate the Bayview Landfill, a Class I landfill, located in Utah County, Utah as shown in the Permit Renewal Application that was determined complete on November 13, 2023(DSHW-2023-209397). The Permittee issubject to the requirements of R315-301 through 320 of the Utah Administrative Code and the requirements set forth herein. All references to R315-301 through 320of the Utah Administrative Code are to regulations that are in effect on the date that this Permit becomes effective.This Permit shall become effective.This Permit shall expire at midnight.Closure Cost Revision Date:.Signed thisday of, 2024.Douglas J. Hansen, DirectorDivision of Waste Management and Radiation Control FACILITY OWNER/OPERATOR INFORMATION LANDFILL NAME: Bayview Landfill OWNER NAME: Northern Utah Environmental Resource Agency OWNER ADDRESS: 1997 East 3500 North, Layton, UT 84040 OWNER PHONE NO.: (801) 614-5600 OPERATOR NAME: same as above OPERATOR ADDRESS:same as aboveOPERATOR PHONE NO.:same as above TYPE OF PERMIT:Class ILandfill FACILITY LOCATION 10800 S. Utah State Route 68, Utah County (Approximately 6 miles north of Elberta, on the westside of Utah State Route 68.) PERMIT NUMBER: Application No. A-###### until permit is issued 9420R4 (to be used upon approval)PERMIT HISTORY This facility first received a permit to accept solid waste in 1991. The landfill property expanded utilizing a new lease agreement with SITLA. This is the fourth renewal of the permit. This renewal permit is effective on the date shown on the signature page. RECITALS The term, “Permit,” as used in this document is defined in R315-301-2(55)of the Utah Administrative Code. “Director” as used throughout this Permit refers to the Director of the Division of Waste Management and Radiation Control (Division). The original permit renewal application (DSHW-2024-004486) for Bayview Landfill was received on June 29, 2023. It was deemed complete on the date shown on the signature page of this Permit. The Division later requested further clarification and information from the Permittee on November 22, 2023 (DSHW-2023-211282), and the Division received a permit renewal application revision on February 13, 2024 (DSHW-2024-004686). This Permit consists of the signature page, Facility Owner/Operator Information, General Permit Conditions, Specific Permit Conditions, and all attachments to this Permit. The facility as described in this Permit consists of the original unlined cell, lined disposal cells,leachate evaporation ponds, and a maintenance shop/employee breakroom. GENERAL PERMIT CONDITIONS CONTROLLING TERMS Attachments to this Permit are incorporated by reference into and made part of this Permit, as are documents incorporated by reference into the attachments. All commitments the Permittee has made in the attachments of this Permit, including, without limitation, commitments concerning design, construction, operation, closure, post-closure, and financial assurance, are enforceable under R315-301-5(2)of the Utah Administrative Code.Where differences in wording exist between this Permit and the attachments of this Permit, the wording of this Permit supersedes that of the attachments. COMPLIANCE NO DEFENSECompliance with this Permit does not constitute a defense to actions brought under any other local, state, or federal laws. This Permit does not exempt the Permittee from obtaining any other local, state, or federal permits or approvals required for the facility’s operation. EFFECT OF PERMITThe issuance of this Permit does not convey any property rights, in either real or personal property, or any exclusive privileges. Nor does this Permit authorize any injury to private property or any invasion of personal rights, nor any infringement of federal, state, or local laws or regulations, including zoning ordinances.SEVERABILITYThe provisions of this Permit are severable. If any provision of this Permit is held invalid for any reason, the remaining provisions shall remain in full force and effect. If the application of any provision of this Permit to any circumstance is held invalid, its application to other circumstances shall not be affected.INCORPORATION OF RECITALSThe aforementioned recitals are expressly incorporated into and made a part of this Permit. By this Permit, the Permittee is subject to the following conditions. PERMIT REQUIREMENTS GENERAL COMPLIANCE RESPONSIBILITIES General Operation The Permittee shall operate the landfill in accordance with all applicable requirements of R315-301 through 320of the Utah Administrative Code (the Rules), for a Class I landfill, that are in effect as of the date of this Permit unless otherwise noted in this Permit. Any permit noncompliance or noncompliance with any applicable portions of Utah Code Ann. § 196101 through 125and applicable portions of the Rules constitutes a violation of this Permit or applicable statute or rule and is grounds for appropriate enforcement action, permit revocation, modification, termination, or denial of a permit renewal application. Acceptable Waste This Permit is for the disposal of non-hazardous solid waste that may include: Municipal solid waste as defined by R315-301-2(47) of the Utah Administrative Code; Commercial solid waste as defined by R315-302-2(14) of the Utah Administrative Code; Industrial solid waste as defined by R315-302-2(35) of the Utah Administrative Code; Construction/demolition solid waste as defined by R315-301-2(17), of the Utah Administrative Code; Special waste as allowed by R315-315of the Utah Administrative Code and authorized in Section III.I of this Permit and limited by this section; Hazardous waste generated by a very small quantity generator as specified in R315-262-14of the Utah Administrative Code; and PCB’s as specified by R315-315-7(2)of the Utah Administrative Code. The Permitteeisauthorized under this Permit to receive PCB wastes as defined in R315-315-7(3)(b) of the Utah Administrative Code. Prohibited Waste Any prohibited waste received and accepted for treatment, storage, or disposal at the facility shall constitute a violation of this Permit, of Utah Code Ann. § 19-6-101 through 125 and of R315-301 through 320of the Utah Administrative Code. Prohibited waste may include, but is not limited to: Hazardous waste as defined by R315-261-3 of the Utah Administrative Code except as allowed in permit condition I.B.1.f (Acceptable Waste) above; Containers larger than household size (five gallons) holding any liquid; non-containerized material containing free liquids; or any waste containing free liquids in containers larger than five gallons; PCB's as defined by R315-301-2(53) of the Utah Administrative Code, except as allowed in Section I.B (Acceptable Waste) of this Permit; and Regulated asbestos-containing material. Inspections and Inspection Access The Permittee shall allow the Director or an authorized representative, or representatives from the Utah County Health Department, with or without prior notice, to enter at reasonable times to: Inspect the landfill or other premises, practices, or operations regulated or required under the terms and conditions of this Permit or R315-301 through 320of the Utah Administrative Code; Have access to and make copies of any records required to be kept under the terms and conditions of this Permit or R315-301 through 320of the Utah Administrative Code; Inspect any loads of waste, treatment facilities or processes, pollution management facilities or processes, or control facilities or processes required under this Permit or regulated under R315-301 through 320of the Utah Administrative Code; and Create a record of any inspection by photographic, video, electronic, or any other reasonable means. Noncompliance If monitoring, inspection, or testing indicates that any condition of this Permit or any applicable rule under R315-301 through 320of the Utah Administrative Code (the Rules) may be or is being violated, the Permittee shall promptly make corrections to the operation or other activities to bring the facility into compliance with the Rules or the conditions of this Permit.Corrective actions may include, but are not limited to, eliminating the activity causing the noncompliance or violation, containment of any waste or contamination using barriers or access restrictions, placing of warning signs, or temporarily or permanently closing areas of the facility. If the Permittee discover noncompliance with any condition of this Permit or violation of an applicable rule, the Permittee shall: Document the noncompliance or violation in the daily operating record, on the day the event occurred or the day it was discovered; Notify the Director by telephone within 24 hours, or the next business day following documentation of the event; and Give written notice of the noncompliance or violation and measures taken to protect human health and the environment within seven days after Director notification. Within thirty days after the documentation of the event, the Permittee shall submit to the Director a written report describing the nature and extent of the noncompliance or violation and the remedial measures taken or to be taken to protect human health and the environment and to eliminate the noncompliance or violation. Upon receipt and review of the assessment report, the Director may order the Permittee to perform appropriate remedial measures, such as development of a site remediation plan for approval by the Director. In an enforcement action, the Permittee may not claim as a defense that it would have been necessary to halt or reduce the permitted activity in order to maintain compliance with R315-301 through 320 of the Utah Administrative Code and this Permit. Revocation This Permit is subject to revocation if the Permittee fails to comply with any condition of this Permit. The Director will notify the Permittee in writing prior to any proposed revocation action and such action shall be subject to all applicable hearing procedures established under R305-7 of the Utah Administrative Code and the Utah Administrative Procedures Act. DESIGN AND CONSTRUCTION Design and Construction The Permittee shall construct any landfill cell, sub-cell, run-on diversion system, runoff containment system, waste treatment facility, leachate handling system, or final cover in accordance with a standard or equivalent design submitted as part of the Permit Application and in accordance with the R315-301 through 320of the Utah Administrative Code. Prior to construction of any engineered structure or feature, excluding buildings, and including but not limited to any landfill cell, sub-cell, landfill liner, monitoring system,control or collection system, waste treatment unit, or final cover,the Permittee shall: Submit construction design drawings, signed by a professional engineer with a current registration in Utah, and a Construction Quality Control and Construction Quality Assurance (CQC/CQA) Plans to the Director for approval; and Incorporate approved design drawings and CQA/CQC Plans into this Permit according to the permit modification process specified in R315-311-2. The Permittee shall construct any engineered structure or feature described in condition II.A.2 of this Permit in accordance with the design drawings and CQC/CQA Plans approved by the Director. A qualified party, independent of the owner and the construction contractor shall perform the quality assurance function for components and other testing as required by the approved CQC/CQA Plans. The quality assurance and other testing results shall be submitted as part of the as-built drawings to the Director after construction is complete. If groundwater is encountered during excavation of the landfill, the Permitteeshall notify the Director immediately, implement a contingency plan, anddevelop and submit an alternative construction design for approval. No later than 90 days after construction, the Permittees shall: Notify the Director of completion of construction of any engineered structure or feature described in condition II.A.2 of this Permit; and Submit construction documents, including as-built drawings and CQC/CQA records for each construction event, stamped and approved by a professional engineer registered in the State of Utah,to the Director for review. No waste shall be accepted into an engineered structure or feature until the Director has reviewed the as-built documents and CQC/CQA records, and has provided approval for acceptance of waste. Run-On Control The Permittee shall maintain run-on and run-off control systems as specified in 315-303-3(1)(c) and (d). Run-on control systems shall prevent run-on from entering the active area of the facility; and run-off control systems shall contain, and collect and treat, if necessary, run-off from the active area of the facility. Equivalent Design The Permittee proposed a landfill liner design that uses a geosynthetic clay liner in place of the clay component of the liner required by R315-303-3(3)(a)(ii) of the Utah Administrative Code. The proposed liner is approved. LANDFILL OPERATION Operations Plan At all times, the Permittee shall keep the Operations Plan included in Attachment 1 on site at the landfill or at the location designated in Section III.K of this Permit. The Permittee shall operate the landfill in accordance with the operations plan. If necessary, the Permittee may modify the Operations Plan following the procedures of R315-311-2(1) of the Utah Administrative Code upon approval from the Director. The Permittee shall note any modification to the Operations Plan in the daily operating record. Security The Permittee shall operate the Landfill so that unauthorized entry to the facility is restricted. The Permittee shall: Lock all facility gates and other access routes during the time the landfill is closed. Have at least two persons employed by the Permittee at the landfill during the time that the landfill is open. Construct all fencing and any other access controls as shown in the Permit Application to prevent access by the public and large animals. Training The Permittee shall provide training for on-site personnel in landfill operation, including but not limited to waste load inspection, hazardous waste identification, personal safety and protection,and relevant documentation and notification requirements. Burning of Waste Intentional burning of solid waste is prohibited and is a violation of R315-303-4(2)(b) of the Utah Administrative Code. The Permittee shall take reasonable steps to prevent the ignition of accidental fires, maintain adequate fire protection to control any fires that may occur at the facility, and extinguish all accidental fires that ignite despite these steps as soon as reasonably possible. Daily Cover The Permittee shall completely cover the solid waste received at the landfill at the end of each working day with a minimum of six inches of earthen material. The Permittee may use an alternative daily cover material when the material and the application of the alternative daily cover meets the requirements of R315-303-4(4)(b) through (e) of the Utah Administrative Code. Groundwater Monitoring The Permittee shall monitor the groundwater underlying the landfill in accordance with the Groundwater Monitoring Plan and the Groundwater Monitoring Quality Assurance/Quality Control Plan contained in the Permit Application. If necessary, the Permittee may modify the Groundwater Monitoring Plan and the Groundwater Monitoring Quality Assurance/Quality Control Plan, provided that the modification meets all of the requirements of R315-301 through 320of the Utah Administrative Code and is approved by the Director as a minor modification under R315-311-2(1)(a)of the Utah Administrative Code. The Permittee shall note in the daily operating record any modification to the Groundwater Monitoring Plan and the Groundwater Monitoring Quality Assurance/Quality Control Plan. A plan change that the Director finds to be less protective of human health or the environment than the approved plan is a major modification and is subject to the requirements of R315-311of the Utah Administrative Code. Gas Monitoring The Permittee shall monitor explosive gases at the landfill in accordance with the Gas Monitoring Plan contained in the Permit Application and shall otherwise meet the requirements of R315-303-3(5)of the Utah Administrative Code. If necessary, the Permittee may modify the Gas Monitoring Plan, provided that the modification meets all of the requirements of R315-301 through 320of the Utah Administrative Code and is approved by the Director as a minor modification under R315-311-2(1)of the Utah Administrative Code. The Permittee shall note any modification to the Gas Monitoring Plan in the daily operating record. If the concentrations of explosive gases at any of the facility structures, or at the property boundary, or beyond the property boundary ever exceed the standards set in R315-303-2(2)(a)of the Utah Administrative Code, the Permittee shall: Immediately take all necessary steps to ensure protection of human health and notify the Director; Within seven days of detection, place in the daily operating record the explosive gas levels detected and a description of the immediate steps taken to protect human health; Submit a remediation plan that meets the requirements of R315-303-3(5)(b)of the Utah Administrative Code to, and receive approval from, the Director; and Upon approval from the Director, implement the approved remediation plan. Waste Inspections The Permittee shall visually inspect incoming waste loads to verify that no wastes other than those allowed by this permit are disposed in the landfill. The Permitteeshall conduct a complete waste inspection at a minimum frequency of 1% of incoming loads,but no less than one complete inspection per day. The Permitteeshall select the loads to be inspected on a random basis. The Permittee shall inspect all loads suspected or known to have one or more containers capable of holding more than five gallons of liquid to ensure that each container is empty. The Permittee shall inspect all loads that the Permittee suspect may contain a waste not allowed for disposal at the landfill. The Permittee shall conduct complete random inspections as follows: The Permittee shall conduct the random waste inspection at the working face or an area designated by the Permittee. The Permittee shall direct that loads subjected to complete inspection be unloaded at the designated area; The Permittee shall use equipment or hand tools to spread loads for inspection; Personnel trained in hazardous waste recognition and recognition of other unacceptable waste shall conduct a visual inspection of the waste; and The personnel conducting the inspection shall record the results of the inspection on a waste inspection form as found in Attachment 1 of this Permit. The Permittee shall place the form in the daily operating record at the end of the operating day. The Permittee or the waste transporter shall properly dispose of any waste found that is not acceptable at the facility at an approved disposal site for the waste type and handle the waste according to the rules covering the waste type. Disposal of Special Wastes If a load of incinerator ash is accepted for disposal, the Permittee shall transport it to the place of disposal in such a manner as to prevent leakage or the release of fugitive dust. The Permittee shall completely cover the ash with a minimum of six inches of material, or the Permittee shall use other methods or material, if necessary, to control fugitive dust. The Permittee may use ash for daily cover when its use does not create a human health or environmental hazard. The Permittee may dispose of animal carcasses in the landfill working face and shall cover them with other solid waste or earth by the end of the operating day in which the carcasses are received. Alternatively, the Permittee may dispose of animal carcasses in a special trench or pit prepared for the acceptance of dead animals. If a special trench is used, the Permittee shall cover animals placed in the trench with six inches of earth by the end of each operating day. The Permittee shall handle and dispose of asbestos waste and PCBs in accordance with R315-315-2 and R315-315-7 of the Utah Administrative Code. Self-Inspections The Permittee shall inspect the facility to prevent malfunctions and deterioration, operator errors, and discharges that may cause or lead to the release of wastes or contaminated materials to the environment or create a threat to human health or the environment. The Permittee shall complete these general inspections no less than quarterly and shall cover the following areas: Waste placement, cover; cell liner; leachate systems; fences and access controls; roads; run-on/run-off controls; groundwater monitoring wells; final and intermediate cover; litter controls; and records. The Permittee shall place a record of the inspections in the daily operating record on the day of the inspection. The Permittee shall correct the problems identified in the inspections in a timely manner and document the corrective actions in the daily operating record. Recordkeeping The Permittee shall maintain and keep on file at the Bayview Landfill staff breakroom/offices, a daily operating record and other general records of landfill operation as required by R315-302-2(3)of the Utah Administrative Code. The landfill operator, or other designated personnel, shall date and sign the daily operating record at the end of each operating day. Each record kept by the Permittee shall contain the signature of the appropriate operator or personnel and the date signed.The daily operating record shall consist of the following two types of documents: Records related to the daily landfill operation or periodic events, including:The number of loads of waste and the weights, or estimates of weights or volumes, of waste received each day of operation and recorded at the end of each operating day;Major deviations from the approved Plan of Operations, recorded at the end of the operating day the deviation occurred;Results of monitoring required by this Permit, recorded in the daily operating record on the day of the event or the day the information is received;andRecords of all inspections conducted by the Permittee, results of the inspections, and, if necessary, corrective actions taken, recorded in the record on the day of the event. Records of a general nature, including:A copy of this Permit, including the Permit Application;Results of inspections conducted by representatives of the Director, and of representatives of the local Health Department, when forwarded to the Permittee;Closure and Post-Closure care plans; andRecords of employee training. Reporting The Permittee shall prepare and submit to the Director an Annual Report as required by R315-302-2(4)of the Utah Administrative Code, using the Division of Waste Management and Radiation Control’s Community Portal. Roads The Permittee shall improve and maintain all access roads within the landfill boundary that are used for transporting waste to the landfill for disposal shall be improved and maintained as necessary to assure safe and reliable all-weather access to the disposal area. Litter Control The Permittee shall minimize litter resulting from operations of the landfill. In addition to the litter control plans found in Section 3.8.5 of the Permit Application, the Permittee shall implement the following procedures when high wind conditions are present: Reduce the size of the tipping face; Reduce the number of vehicles allowed to discharge at the tipping face at one time; Orient vehicles to reduce wind effects on unloading and waste compaction; Reconfigure tipping face to reduce wind effect; Use portable and permanent wind fencing as needed; and Should high winds present a situation that the windblown litter cannot be controlled, the Permittee shall cease operations of the landfill until the winds diminish. CLOSURE REQUIREMENTS Closure No more than 120 days prior to the projected final receipt of waste, the Permitteeshall submit to the Director, for review, a Quality Control and Quality Assurance Plan for construction of the final landfill cover, and approval of the plan shall be received from the Director prior to construction of any part of the final cover at the landfill. The Permittee shall notify the Director of the projected final receipt of waste in accordance with R315-302-3(4) and begin closure activities in accordance with an approved Closure Plan within 30 days of final receipt of waste. The Permittee shall install final cover of the landfill as shown in Attachment 2. The final cover shall meet, at a minimum, the standard design for closure as specified in the R315-303-3(4) of the Utah Administrative Code plus sufficient cover soil or equivalent material to protect the low permeability layer from the effects of frost, desiccation, and root penetration. A qualified person not affiliated with the Permittee or the construction contractor shall perform permeability testing on the final cover. This Permitteehas demonstrated through geologic, hydrogeologic, climatic, waste stream, cover material properties, infiltration factors, and other factors that the landfill will not contaminate groundwater and is approved for the alternative cover design as outlined in the Permit Application. Upon finding by the Director of any contamination of groundwater resulting from the landfill, the Director may revoke this alternative cover design approval and the Director may require placement of a cover meeting the requirements of R315-303-3(4)(a) of the Utah Administrative Code or other remedial action as required by the Director. Upon completion of closure activities, the Permittee shall submit to the Director, for approval, all documents demonstrating closure activities, and a certification from a professional engineer registered in the state of Utah,that the landfill has been closed in accordance with an approved Closure Plan, and approved Construction Quality Control and Construction Quality Assurance Plan. Title Recording The Permittee shall meet the requirements of R315-302-2(6)of the Utah Administrative Code by recording a notice with the Utah County Recorder as part of the record of title that the property has been used as a landfill. The notice shall include waste disposal locations and types of waste disposed. The Permittee shall provide the Director the notice as recorded. Post-Closure Care Upon approval from the Director that the treatment facility has been closed in accordance with an approved Closure Plan, the Permittee shall apply for a post-closure care permit in accordance with R315-310-10. The Permittee shall perform post-closure care at the closed landfill in accordance with the Post-Closure Care Plan contained inAttachment 3 until a Post-Closure Care Permit is issued by the Director. Post-closure care shall continue until all waste disposal sites at the landfill have stabilized and the finding of R315-302-3(7)(c) of the Utah Administrative Code is made. Financial Assurance The Permittee shall keep in effect and active the currently approved financial assurance mechanism or another approved mechanism that meets the requirements of R315-309 of the Utah Administrative Code and is approved by the Director to cover the costs of closure and post-closure care at the landfill. The Permittee shall adequately fund and maintain the financial assurance mechanisms to provide for the cost of closure at any stage or phase or anytime during the life of the landfill or the permit life, whichever is shorter. With each annual revision of the closure and post-closure care cost estimate, the Permittee shall determine the annual payments to be made to the trust fund by the following formula:NP=[CE-CV]/Ywhere NP is the next payment, CE is the current cost estimate for closure and post-closure care (updated for inflation or other changes), CV is the current value of the trust fund, and Y is the number of years remaining in the pay-in period. Financial Assurance Annual Update The Permittee shall submit an annual revision of closure and post-closure costs for inflation and financial assurance funding as required by R315-309-2(2) of the Utah Administrative Code, to the Director as part of the annual report. The Permitteeshall submit the information as required in R315-309-8 of the Utah Administrative Code and shall meet the qualifications for the “Local Government Guarantee” each year. Closure Cost and Post-Closure Cost Revision The Permitteeshall submit a complete revision of the closure and post-closure cost estimates by the Closure Cost Revision Date listed on the signature page of this Permit and any time the facility is expanded, any time a new cell is constructed, or any time a cell is expanded. ADMINISTRATIVE REQUIREMENTS Permit Modification Modifications to this Permit may be made by the Permittee or by the Directorin accordance with the procedures specified in R315-311-2of the Utah Administrative Code.The Permittee may initiate a modification by submitting a written request to the Director. The Director may initiate a modification by giving written notice to the Permittee. Permit Transfer This Permit may be transferred to a new permittee or new permittees by complying with the permit transfer provisions specified in R315-310-11 of the Utah Administrative Code. Expansion This Permit is for a Class I Landfill. The permitted landfill shall operate according to the design and Operation Plan described and explained in this Permit. Any expansion of the current footprint designated in the description contained in the Permit Application, but within the property boundaries designated in the Permit Application, shall require submittal of plans and specifications to the Director. The plans and specifications shall be approved by the Director prior to construction. Any expansion of the landfill facility beyond the property boundaries designated in the description contained in the Permit Application shall require submittal of a new permit application in accordance with the requirements of R315-310 of the Utah Administrative Code. Any addition to the acceptable wastes described in Section I.B shall require submittal of all necessary information to the Director and the approval of the Director. Acceptance for PCB bulk product waste under R315-315-7(3)(b) of the Utah Administrative Code can only be done after submittal of the required information to the Director and modification of Section I.C of this Permit. Expiration If the Permittee desires to continue operating this landfill after the expiration date of this Permit, the Permittee shall submit an application for permit renewal at least six months prior to the expiration date, as shown on the signature (cover) page of this Permit. If the Permittee timely submitsa permit renewal application and the permit renewal is not complete by the expiration date, this Permit shall continue in force until renewal is completed or denied. ATTACHMENTS Attachment 1 – Operations Plan Attachment 2 – Closure Plan Attachment 3 – Post-Closure Care Plan