HomeMy WebLinkAboutDSHW-2024-008380September XX, 2024
Todd Bro, Owner
Environmental Energy Innovations LLC
P.O. Box 1389
Roosevelt, Utah 84066
RE:Request for Information - Environmental Energy Innovations LLC Solid Waste Facilities
Dear Bro:
The Division of Waste Management and Radiation Control (Division) requests further information about three facilities owned and operated by Environmental Energy Innovations LLC (EEI)
in the Northeast Quarter of Section 18, Township 4 South, Range 2 West of the Uintah Special Meridian, Duchesne County, Utah (the Property). This letter details the information requested
for each facility to ensure that the Division can perform appropriate reviews that meet your intent for each of the facilities.
Request for Information: Application to Operate a Landfill in Cell 7
On June 8, 2023, the Division received an application for a permit to operate a landfill in Cell 7 of the EEI Property (DSHW-2023-205083). The application appeared to be mostly complete,
but since its first submittal, at least seven additional updates and clarifications to the original application documents have been received by the Division. The updates were received
in a piecemeal manner, causing some confusion about which pages from each submittal should be combined with others to compose a single and complete record of the permit application.
We request that you complete the following:
Submit a completed Utah Class IIIb Landfill Permit Application Form(DRAFT) (enclosed), including the name that you would like to use for the proposed landfill to be located in Cell 7.
Please contact the Division if you would like an electronic copy of the application form to fill in.
Note that the facility name should be different from the name used for the Cell 6 facility, which is called “Environmental Energy Innovations LLC Land Spreading,”and it should be different
from the name you would like to use for the larger EEI Property under a future permit from the Division.
Submit a completed Application Checklist for aClass IIIbIndustrial Solid Waste Landfill(DRAFT) (enclosed) for the proposed landfill to be located in Cell 7.
Please complete the checklist in its entirety, including but not limited to providing the page number(s) from your application document where each item can be located.
A section has been added to the enclosed application checklist to include requirements proposed for high liquids waste management, because high liquids waste is common among oil and
gas exploration and production wastes that are proposed for receipt in the landfill to be located in Cell 7.
Request for Information: Application for a Temporary Permit to Operate an Exploration and Production Waste Facility
On August 6, and 13, 2024, Jeff Chugg, a representative of Iowa Tanklines, Inc., submitted documents through the Community Portal’s Miscellaneous Document Submission function. The documents
were submitted with an Application for a Temporary Permit to Operate an Exploration and Production Waste Facility (Temporary Permit Application). The Temporary Permit Applicationwas
submitted in accordance with provisions proposed in Utah Admin. Code R315-321, presented to the Waste Management and Radiation Control Board on July 11, 2024. The documents contain
a facility map to indicate activities in different cells of the EEI Property. We request that you provide the following additional information about the map (enclosed) and the cells
of the EEI Property:
Four colors of shading are used on the map, however, information is given about only one of the colors. Please provide a legend or other description of the intended activities for each
of the other three shades of color on the map (green, orange, and red).
Blue shading on the map is labeled to indicate “Closed Landfarm Cells” but no documentation of cell closure was included with the Temporary Permit Application.
Please submit documentation of closure approval from the Division of Oil, Gas, and Mining (DOGM), for cells 1 through 5, and cells 9 through 12. If these cells have not been approved
for closure by DOGM, you may alternatively request to complete closure and post-closure care activities under the requirements of the Division.
The Division has not approved closure of the Environmental Energy Innovations LLC Land Spreading facility located in Cell 6. On August 20, 2024, Jeff Chugg, a representative of Iowa
Tanklines, Inc., submitted a document through the Community Portal’s Miscellaneous Document Submission function to request closure of this facility. The Division has not completed its
review of this request. Please revise the map submitted with the Temporary Permit Application so that Cell 6 is not identified as a closed cell.
Request for Information: Closure and Post-closure of Environmental Energy Innovations LLC Land Spreading (SW349)
As discussed in 2.2 of item II in this letter, the Division has not approved closure of the Environmental Energy Innovations LLC Land Spreading facility located in Cell 6. The Division
will begin its review of your request for closure of this facility soon. To proceed with this review, we ask that you:
Review the requirements for closure and post-closure found in Utah Admin. Code R315-302-3 and apply for a post-closure care permit according to Utah Amin. Code R315-310-10.
The post-closure care permit application should include documentation needed to demonstrate that closure activities have been completed.
We recommend consideringthe post-closure procedure requirements found in Utah Admin. Code R315-302-3(7) while preparing any documents to be submitted with your post-closure permit application.
Apply for a post-closure permit by submitting the applicable documentation, and by logging into the Community Portal and clicking the Post Closure Permit button next to the Energy Innovations
LLC Land Spreading facility, and completing the steps to submit the application.
All information relating to the requests above should be addressed to the Director at:
Douglas J. Hansen, Director
Division of Waste Management and Radiation Control
P.O. Box 144880
Salt Lake City, UT 84114-4880
or by email at:dwmrcsubmit@utah.gov
DO NOT submit any documents or information through email that are protected, confidential, proprietary, or for which you are claiming business confidentiality under Utah Code § 63G-2-305.
To better ensure records are protected, all such documents and information must be submitted using the mailing address above and in accordance with Utah Code § 63G-2-309.
This is not an agency order and your response to this Request for Information is voluntary. The matters addressed above, including all responses, will become part of the compliance record
for Environmental Energy Innovations LLC.
If you have any questions, please call Brian Speer at 385-499-0010.
Sincerely,
Douglas J. Hansen,Director
Division of Waste Management and Radiation Control
DJH/BS/[???]
Enclosures:Utah Class IIIb Landfill Permit Application Form (DRAFT)
Application Checklist for a Class IIIb Industrial Solid Waste Landfill(DRAFT)
EEI Temporary Permit Application Map - August 13, 2024
c:Kirk Benge, Health Officer, Tri-County Health Department
Darrin Brown, LEHS, Environmental Health Director, Tri-County Health Department
Nathan Hall, District Engineer, UDEQ
Jeff Chugg, Iowa Tanklines, Inc. (Email) jeffchugg@itltanklines.com
Utah Class IIIb Landfill Permit Application Form (DRAFT)
PART 1 - GENERAL INFORMATION APPLICANT: PLEASE COMPLETE ALL SECTIONS
Application Type
New Application Major Modification Facility Expansion Renewal Application Minor Modification
For Permit Renewal Applications, Permitted Facility Expansion Applications, and Permit Modifications, Enter Current Permit Number:
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Facility Name and Location
Legal Name of Facility
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Facility Address (Street or Directions to Facility)
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County
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City
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Zip Code
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Telephone
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Township
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Range
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Section
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Quarter Section
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Quarter/Quarter Section
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Main GateLatitude:Click or tap here to enter text.Longitude: Click or tap here to enter text.
Facility Owner(s) Information
Name of Facility Owner
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Mailing Address
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City
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State
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Zip Code
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Telephone
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Facility Operator(s) Information
Name of Facility Operator
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Mailing Address
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City
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State
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Zip Code
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Telephone
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Property Owner(s) Information
Name of Property Owner
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Mailing Address
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City
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State
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Zip Code
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Telephone
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Designated Contact Information
Facility Owner Designated Contact (if different than above)
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Title
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Mailing Address
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City
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State
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Zip Code
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Telephone
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Email Address
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Alternative Telephone (cell phone or other)
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Facility Operator Designated Contact (if different than above)
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Title
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Mailing Address
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City
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State
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Zip Code
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Telephone
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Email Address
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Alternative Telephone (cell phone or other)
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Property Owner Contact (if different than above)
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Title
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Mailing Address
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City
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State
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Zip Code
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Telephone
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Email Address
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Alternative Telephone (cell phone or other)
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Waste Types
Facility Area
☐ Solid waste that is exempt from hazardous waste rules under Subsections R315-261-4(b)(4), R315-261-4(b)(5), and R315-261-4(b)(7). (Fly ash waste, bottom ash waste, slag waste, and
flue gas emission control waste generated primarily from the combustion of coal or other fossil fuels. Drilling fluids, produced waters, and other wastes associated with the exploration,
development, or production of crude oil, natural gas or geothermal energy. Solid waste generated from the extraction, beneficiation, and processing of ores and minerals, including coal,
phosphate rock, and overburden from the mining of uranium ore.)
☐ Nonhazardous industrial solid waste not listed in Subsection R315-261-4(b).
Facility Area:Click or tap here to enter text. acres
Disposal Area:Click or tap here to enter text. acres
Design Capacity:Click or tap here to enter text. YearsClick or tap here to enter text. Cubic YardsClick or tap here to enter text. Tons
PART 2 – APPLICATION CHECKLIST for a CLASS IIIb INDUSTRIAL SOLID WASTE LANDFILL (DRAFT)
Permit Requirements for Solid Waste Facilities (R315-310)
General Contents of a Permit Application for a New Facility or a Facility Seeking Expansion (R315-310-3)
Description of Item
Rule(s) Cited
Included in Submission
Comments / Explanation / Location in Document
Complete Part I - General Information.
R315-310-3(1)(a)
Yes No, explain
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General facility description, plans, and drawings.
R315-310-3(1)(b)
Yes No, explain
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Legal description of the property and proof of ownership, lease agreement, or other mechanism.
R315-310-3(1)(c)
Yes No, explain
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Maps of the proposed facility site, including land use and zoning of the surrounding area.
R315-310-3(1)(c)
Yes No, explain
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Description of waste types to be handled and area served by facility.
R315-310-3(1)(d)
Yes No, explain
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Plan of Operation.
(See detailed requirements in Section 3.2.1 of this document.)
R315-310-3(1)(e)
R315-302-2(2)
Yes No, explain
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Form used to record weights or volumes of waste received.
R315-310-3(1)(f)
R315-302-2(3)(a)(i)
Yes No, explain
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Owner/Operator inspection schedule and inspection log.
(See detailed requirements in Section 3.2.4 of this document.)
R315-310-3(1)(g)
R315-302-2(5)(a)
Yes No, explain
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Closure and post-closure care plans required by R315-302-3.
(See detailed requirements in Section 3.3 of this document.)
R315-310-3(1)(h)
R315-302-3
Yes No, explain
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Financial Assurance Plan.
(See detailed requirements in Section 3.3.4 of this document.)
R315-310-3(1)(j)
R315-309
Yes No, explain
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Historical and archaeological identification efforts.
(See detailed requirements in Section 3.1 of this document.)
R315-310-3(1)(k)
R315-302-1(2)(f)
Yes No, explain
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Name and address of all owners of the property within 1,000 feet of the proposed facility.
R315-310-3(2)(a)(i)
Yes No, explain
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Documentation that a notice of intent to apply for a permit for a solid waste facility has been sent to all property owners identified above.
R315-310-3(2)(a)(ii)
Yes No, explain
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Name of the local government with jurisdiction over the site and the mailing address of that local government office.
R315-310-3(2)(a)(iii)
Yes☐ No, explain
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Contents of a Permit Application for a New or Expanded Class IIIb Landfill Facility (R315-310-4, R315-310-5)
Description of Item
Rule(s) Cited
Included in Submission
Comments / Explanation / Location in Document
Topographic map of the landfill unit drawn to a scale of 200 feet to the inch containing:
Five-foot contour intervals where the relief exceeds 20 feet and two-foot contour intervals where the relief is less than 20 feet;
Boundaries of the landfill unit;
Ground water monitoring wells;
Landfill gas monitoring points; and
Borrow and fill areas.
R315-310-5(2)(a)
R315-310-4(2)(a)(i)
Yes☐ No, explain
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The most recent full size U.S. Geological Survey topographic map, 7-1/2 minute series, if printed, or other recent topographic survey of equivalent detail of the area, showing:
The waste facility boundary;
The property boundary;
Surface drainage channels;
Existing utilities and structures within one-fourth mile of the facility site; and
The direction of the prevailing winds.
R315-310-5(2)(a)
R315-310-4(2)(a)(ii)
Yes No, explain
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An engineering report, plans, specifications, and calculations that address:
Design and location of run-on and run-off control systems;
Closure and post-closure design, construction, maintenance, and land use;
The area to be served by the facility; and
How the facility will meet the Industrial Solid Waste requirements of Rule R315-304 (See detailed requirements in Section 3 of this document.).
R315-310-5(2)
Yes No, explain
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A Closure Plan addressing schedule, capacity, a final inspection, and closure costs.
(See detailed requirements in Section 3.3.1 of this document.)
R315-310-5(2)(c)
R315-310-4(2)(d)
Yes No, explain
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A Post-Closure Plan addressing, as appropriate: site monitoring of landfill gas, groundwater, and surface water; inspections by landfill owner or operator; maintenance activities to
maintain cover and run-on and run-off systems; identification of post-closure costs; changes to record of title; and contact information.
(See detailed requirements is Section 3.3.3 of this document.)
R315-310-5(2)(c)
R315-310-4(2)(e)
Yes No, explain
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Industrial Solid Waste Landfill Requirements (R315-304)
Industrial Landfill Location Standards (R315-304-4)
Description of Item
Rule(s) Cited
Included in Submission
Comments / Explanation / Location in Document
Documentation that the facility is not located within a floodplain, unless a demonstration can be made that the unit will not restrict flow, reduce temporary storage, or result in a
washout.
R315-304-4(2)(a)(i)
R315-302-1(2)(c)(ii)
Yes No, explain
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Documentation that the facility is not located within a wetland, unless the owner demonstrates that:
There is no practicable alternative;
The unit will not violate State or Federal law;
The unit will not jeopardize threatened and endangered species and associated critical habitat;
There will be no significant degradation of wetlands; and
Appropriate steps have been taken for no net loss of wetlands.
R315-304-4(2)(a)(ii)
R315-302-1(2)(d)
Yes No, explain
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Documentation that the lowest level of waste at the facility is located at least ten feet above the historical heigh level of groundwater.
R315-304-4(2)(a)(iii)
R315-302-1(2)(e)(i)(B)
Yes No, explain
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Documentation of notice of concurrence, or lack thereof, or joint analysis from State Historic Preservation Office of no adverse effect on any historic properties.
R315-304-4(2)(a)(iv)
R315-302-1(2)(f)
Yes No, explain
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Documentation of any exemptions from location standards.
R315-304-4(2)(b)
R315-302-1(3)
Yes No, explain
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Industrial Landfill Requirements (R315-304-5)
Plan of Operation
Description of Item
Rule(s) Cited
Included in Submission
Comments / Explanation / Location in Document
Intended schedule of construction.
R315-304-5(1)(a)
R315-302-2(2)(a)
Yes No, explain
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Description of solid waste handling procedures.
R315-304-5(1)(a)
R315-302-2(2)(b)
Yes No, explain
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Inspection and monitoring schedule.
R315-304-5(1)(a)
R315-302-2(2)(c)
Yes No, explain
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Fire or explosion contingency plan.
R315-304-5(1)(a)
R315-302-2(2)(d)
Yes No, explain
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Fugitive dust control plan.
R315-304-5(1)(a)
R315-302-2(2)(g)
Yes No, explain
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Description of maintenance of installed equipment including leachate and gas collection systems, and groundwater monitoring systems
R315-304-5(1)(a)
R315-302-2(2)(i)
Yes No, explain
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Procedures for excluding the receipt of prohibited hazardous waste or prohibited waste containing PCBs.
R315-304-5(1)(a)
R315-302-2(2)(j)
Yes No, explain
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Procedures for controlling disease vectors.
R315-304-5(1)(a)
R315-302-2(2)(k)
Yes No, explain
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Plan for an alternative waste handling or disposal system during periods when the solid waste facility is not able to dispose of solid waste, including procedures to be followed in case
of equipment breakdown
R315-304-5(1)(a)
R315-302-2(2)(l)
Yes No, explain
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Closure and Post-Closure Care Plans.
(See detailed requirements in Section 3.3 of this document.)
R315-304-5(1)(a)
R315-302-2(2)(m)
Yes No, explain
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Cost estimates and financial assurance. (See detailed requirements in Section 3.3 of this document.)
R315-304-5(1)(a)
R315-302-2(2)(n)
Yes No, explain
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Landfill operations training plan for site operators
R315-304-5(1)(a)
R315-302-2(2)(o)
Yes No, explain
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If managing high liquid wastes, then a High Liquid Waste Management Plan must be included in the Plan of Operations.(See detailed requirements in Section 3.2.7 of this document.)
R315-303-3(2)
Yes No, explain
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Recordkeeping (to be kept onsite or at an approved location)
Daily operating records documentation containing:
Weights or volumes of solid waste received daily.
Documentation of deviations from the approved plan of operation.
Training and notification procedures
Results from groundwater and gas monitoring that may be required.
An inspection log or summary.
R315-304-5(1)(b)
R315-302-2(3)(a)
Yes No, explain
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Documentation of any demonstration made with respect to any location standard or exemption.
R315-304-5(1)(b)
R315-302-2(3)(b)(i)
Yes No, explain
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Closure and post-closure plans
(See detailed requirements in Section 3.3 of this document.)
R315-304-5(1)(b)
R315-302-2(3)(b)(iii)
Yes No, explain
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Cost estimate and financial assurance documentation.
(See detailed requirements in Section 3.3 of this document.)
R315-304-5(1)(b)
R315-302-2(3)(b)(iv)
Yes No, explain
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Other information pertaining to operation, maintenance, monitoring, or inspections as may be required by the director.
R315-304-5(1)(b)
R315-302-2(3)(b)(vi)
Yes No, explain
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Reporting
Plans to submit Annual and Quarterly reports.
R315-304-5(1)(c)
R315-302-2(4)
☐ Yes No, explain
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Inspections
Plans for Owner or Operator Inspections performed at least quarterly. Copy of schedule and log should be included.
R315-304-5(1)(d)
R315-302-2(5)
Yes No, explain
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Closure and Post-Closure Care
Applicable general requirements for closure and post-closure care.
(See detailed requirements in Section 3.3 of this document.)
R315-304-5(2)
R315-302-3(2)
R315-302-3(3)
R315-302-3(4)
R315-302-3(5)
R315-302-3(6)(a)(iv-vi)
R315-302-3(6)(b)
R315-302-3(6)(c)
R315-302-3(7)(a)
R315-304-5(2)(b)
Yes☐ No, explain
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Standards for Design
Plans to prohibit the disposal of waste containing free liquids.
R315-304-5(3)(a)
R315-303-3(1)(b)
Yes No, explain
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Documentation of facility stormwater run-on controls.
R315-304-5(3)(a)
R315-303-3(1)(c)
Yes No, explain
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Documentation of facility stormwater runoff collection and treatment.
R315-304-5(3)(a)
R315-303-3(1)(d)
Yes No, explain
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Plans to meet requirements of R315-303-3(7) including:
Fencing at the property or unit boundary;
A lockable gate;
Weighing or estimating tonnage of all incoming waste and recording in operation record;
Adequate fire protection to control any fires that may occur;
Preventing harborage of vectors in buildings, facilities, and active areas;
Minimizing size of unloading area and working face;
Approach and exit roads of all-weather construction; and
Communication, such as telephone and radio, between employees.
R315-304-5(3)(b)
R315-303-3(7)(a)
R315-303-3(7)(c)
R315-303-3(7)(e)
R315-303-3(7)(f)
R315-303-3(7)(g)
R315-303-3(7)(h)
R315-303-3(7)(i)
Yes☐ No, explain
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High Liquid Waste Management
A High Liquid Waste Management Plan, if applicable, that includes:
Waste acceptance criteria
Dewatering unit design and techniques
Other stabilization or treatment techniques;
A communication plan to inform customers of high liquid waste acceptance criteria
R315-321-4(3)(c)
R315-303-3(2)(a)
Yes No, explain
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For a facility that utilizes dewatering, stabilization, or treatment techniques, proof that:
A containment system having a permeability of no more than 1 x 10^-7 cm/sec that maintains integrity under the operation of heavy equipment will be installed and maintained for: unloading
areas and structures; staging areas; and dewatering, stabilization, and treatment areas.
Leachates derived from dewatering or stabilization will be appropriately managed.
R315-321-4(3)(c)
R315-303-3(2)(b)
Yes No, explain
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If required, appropriate engineering reports demonstrating that disposal of dewatered high liquid wastes will not result in unacceptable geotechnical risks or landfill cell failures.
R315-321-4(3)(c)
R315-303-3(2)(c)
Yes No, explain
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Standards for Operation
Evidence demonstrating that the facility will operate according to the standards of maintenance and operation of R315-305-5(2) through (4).
R315-304-5(5)(b)
R315-305-5(2-4)
Yes☐ No, explain
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Closure, Post-Closure, and Financial Assurance
Closure Plan Requirements
Description of Item
Rule(s) Cited
Included in Submission
Comments / Explanation / Location in Document
Closure schedule.
R315-310-4-2(d)(i)
Yes☐ No, explain
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Capacity of solid waste facility in volume and tonnage.
R315-310-4-2(d)(ii)
Yes☐ No, explain
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Final inspection by regulatory agencies
R315-310-4-2(d)(iii)
Identification of closure costs including cost calculations and the funding mechanism.
R315-310-4-2(d)(iv)
Yes☐ No, explain
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Demonstrate that Closure Performance Standard will be met (minimizes need for further maintenance, minimizes threats to human health and environment, and prepares for post-closure).
R315-304-5(2)
R315-302-3(2)
Yes☐ No, explain
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Inclusion of any applicable covering, grading, seeding, landscaping, contouring, and screening information.
R315-304-5(2)
R315-302-3(3)(a)
Yes☐ No, explain
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Projections of time intervals for sequential partial closure, if applicable.
R315-304-5(2)
R315-302-3(3)(c)
Yes☐ No, explain
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Projected fund withdrawal intervals for the associated closure costs from the financial assurance instrument.
R315-304-5(2)
R315-302-3(3)(c)
Yes☐ No, explain
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Final Cover Design (R315-304-5(2)(b), R315-305-5(5)(b))
Must level waste to the extent practicable.
R315-304-5(2)(b)
R315-305-5(5)(b)(i)
Yes No, explain
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Cover the waste with a minimum of two feet of soil, including six inches of topsoil.
R315-304-5(2)(b)
R315-305-5(5)(b)(ii)
Yes No, explain
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Contour surface slopes with a grade that is not less than 2% and side slopes that are not more that 33% (unless construction and erosion control integrity can be demonstrated at steeper
slopes).
R315-304-5(2)(b)
R315-305-5(5)(b)(iii)
R315-303-3(4)(a)(i)(B)
Yes No, explain
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Seed the cover with grass, other shallow-rooted vegetation, or other native vegetation or cover in another manner approved by the Director to minimize erosion.
R315-304-5(2)(b)
R315-305-5(5)(b)(iv)
Yes No, explain
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An alternative cover design may be approved if it is documented that the design provides equivalent protection from infiltration and erosion as the design described above.
R315-304-5(2)(b)
R315-305-5(5)(b)(v)
Yes No, explain
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Post-Closure Plan Requirements
Plan that addresses site monitoring.
R315-310-4(2)(e)(i)
Yes No, explain
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Plan that addresses inspections of facility by owner or operator.
R315-310-4(2)(e)(ii)
Yes No, explain
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Plan that addresses maintenance activities to maintain cover and run-on and run-off systems.
R315-310-4(2)(e)(iii)
Yes No, explain
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Identification of post-closure costs, including calculations and the funding mechanism.
R315-310-4(2)(e)(iv)
Yes No, explain
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Name, address, and telephone number of person or office to contact about facility during post-closure period.
R315-310-4(2)(e)(vi)
Yes No, explain
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Plan to provide post-closure activities for 30 years.
R315-304-5(2)
R315-302-3(5)
Yes No, explain
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Plan for maintenance of facility structures and monitoring systems.
R315-304-5(2)
R315-302-3(6)(a)(iv)
Yes No, explain
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A description of the planned use of the property.
R315-304-5(2)
R315-302-3(6)(a)(v)
Yes No, explain
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Any additional activities required to protect human health and the environment.
R315-304-5(2)
R315-302-3(6)(a)(vi)
Yes No, explain
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Identification of post-closure cost estimates and the funding mechanism.
R315-304-5(2)
R315-302-3(6)(c)
Yes No, explain
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Intervals of projected fund withdrawals from financial assurance instrument.
R315-304-5(2)
R315-302-3(6)(c)
Yes No, explain
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Financial Assurance
Closure Costs
Third party cost estimate for all materials and activities pertaining to closure including cost of:
Obtaining, moving, and placing cover material;
Final grading of cover material;
Obtaining, moving, and placing topsoil;
Fertilizing, seeding, mulching; and
Removal of stored materials, buildings, and equipment.
R315-304-5(6)(a)
R315-309-2(3)(a)
Yes No, explain
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Post-Closure Costs
Third party cost estimate for all materials and applicable activities pertaining to closure including:
Any required groundwater monitoring;
Leachate monitoring and treatment;
Gas monitoring; and
Cover, stabilization, repair, erosion control, and reseeding as necessary.
R315-304-5(6)(a)
R315-309-2(3)(b)
Yes☐ No, explain
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EEI Temporary Permit Application Map - August 13, 2024