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Home My WebLink AboutDSHW-2025-003018Exploration and Production Waste Management Facility Permit Training June 2025 Exploration and Production Waste Management Facility Permit Training June 2025 DWMRC Solid Waste Section Brian Speer, Jalynn Knudsen, Bryan Wa, Nathan Nicolodemos , and Ma Sullivan Introduction & Housekeeping Please keep microphones muted. Add questions in chat box. Please speak directly into the microphone. Online participants In-person participants Q&A Breaks Throughout Temporary Permits Bridge the gap to Class VII Utah Admin. Code R315ɮ321 Class VII Exploration and Production Waste Landfill Requirements. Utah Admin. Code R315ɮ322 Solid Waste Surface Impoundment Requirements. "Class VII Facility" means a nonhazardous solid waste management facility that is permied by the director for the treatment or disposal of exploration and production waste. Temporary Permit Status & Timelines 21 Temporary Permits issued. Temporary permits provide conditions for operator compliance. A full permit application requires additional materials, which is today’s focus. Temporary permit "issued date" is when the division director signed it. Transfer bonds or establish other financial assurance within 60 days of issue date. Temporary permit becomes "eective" upon financial assurance transfer. Eective Date & Expiration Issued Date Eective Date Expiration Date Issue Date + 60 days + 12 months = Expiration Date F. “Effective Date” means the date that the financial assurance identified above is received by the Division, in compliance with Condition V of this Temporary Permit. Landfarm Transition Plan Reconfiguring facility layout? Due in 90 days of eective date ɢ5 mo. after issuance) Surface Impoundment Closure Plan Landfarm Transition Plans & Surface Impoundment Closure Plans Closing one or more? Due in 90 days of eective date ɢ5 mo. after issuance) Class VII Application and Temp Permit Expiration V.E.2.a If the Permittee submits a complete Class VII Facility permit application within 180 days of the Effective Date of this Temporary Permit, the Permittee may continue to operate during the permit review period... 00.“Issued Date” Date signed 60.“Eective Date” & Financial Assurance Issued Date + 60 150.Landfarm Transition & Surface Impoundment Closure Plans Eective Date + 90 240.425.Class VII App. Due Eective Date + 180 Temp Permit Expires Eective Date + 365 Mar 1, 2025 May 1, 2025 Aug 1, 2025 Nov 1, 2025 Mar 1, 2026 OR OR OR OR OR May 1, 2025 Jul 1, 2025 Oct 1, 2025 Jan 1, 2026 May 1, 2026 Senate Bill 159 2025 CONSIDERATIONS REQUIREMENTS ●Eective: July 1, 2030 ●Class VII landfills may not receive waste unless it has a liner system with a hydraulic conductivity no greater than 1E-7 cm/sec ○Impervious synthetic liner system ○Compacted clay liner system ●Minor rule changes ●Recommended: ○Learn about synthetic liner systems & installation ○Consider analytical testing (see SW-846 Test Method 9100ɣ -Location and acreage; -Metes and bounds of the facility; -Design and construction documents; -Landfill construction completion; -Plans for closing existing facility (if applicable) -Completion Schedule Landfarm Transition Plan must include: Landfarm Transition Plan * Only available for request during the temporary permit period. Option 1 - Abandon in Place or Risk-Based Option* Landfarm Options Option 2 - Place Final Cover 1ɣ Industrial Land Use Closure -Less Stringent Screening Levels -Will require an Environmental Covenant 1ɣ Residential / Non-Restricted Land Use Closure -More Stringent Screening Levels Both closure types require analysis of VOCs, SVOCs, metals, and PCBs Example of Standard Design: -Two layers to include 18-inch layer of compacted, uncontaminated soil with permeability of 1 x 10ɮ5 cm/sec or less. Top compacted soil layer may not be less permeable than the boom liner system. -Surface slope no less than 2% grade. -Side slope no more than 33% grade. -Minimum of 6” cap of soil capable of sustaining shallow-rooted vegetation. -Soil depth markers or benchmarks must be installed and monitored. -Erosion channel deeper than 10% of the total cover thickness to be repaired soon following their discovery. Using a Checklist and Applying in the Community Portal Class VII Application More involved than temporary permit, may require more detail than DOGM applications. Required Items Checklists Helpful way to navigate the rules and make sure that everything is included in your application. Useful Tool Smooth Submissions Portal is the only way to submit your application. Renewal Application Ne x t S t e p s Ne x t S t e p s Where to Locate the Class VII Checklist ●Navigate to the UDEQ homepage. ●Hover over “About” in the banner. ●Divisions ʃ WMRC ●On the Division page, click “Permiing”. ●Select “Solid Waste Facilities and Permiing” Permiing Instruction Page ●Outlines permiing process step by step. ●Application checklists are linked in step one. ●Class VII checklist is under “Other Solid Waste Facilities”. Class VII Checklist ●Part I is for General Information. ●Parts II - IV are the core of the application. ●Landfill Cells: Parts II and III. ●Surface Impoundments: Parts II and IV. Submiing your Application Submiing your Application Application Questions Application Questions Application Questions / Documents Aestation Screen Summary Screen Payment and Submission Any additional documentation should be sent via the DWMRC submit email address: dwmrcsubmit@utah.gov Final Remarks ●All six steps in the portal must be completed for the application to be submied. Accurate Name Conventions The facility names used in each Temporary Permit were derived from your Temporary Permit Application, historical DOGM files, and our best judgment. Having the correct facility name in your Class VII Application is important for consistency and legal purposes. If using a registered business name - it should match exactly. (Commas, periods, etc.) If using a registered business name - it should match exactly. (Commas, periods, etc.) Naming Tips Use the name you would like the facility to be known by. The owner name must match your business registration exactly. Be consistent with names throughout all permit documents. Be consistent with names throughout all permit documents. The owner name must match your business name exactly. The owner name must match your business name exactly. Typically - the listed owner should not be a person’s name. Part I - General Information Dept. of Commerce Click on: “Division of Corporations and Commercial Code” Div. of Corporations & Commercial Code Click on: “Business Entity Search” Utah Business Registration System hps://businessregistration.utah.gov/ How to check your registered business name: 8.88K 2.500K Navigate to the Utah Department of Commerce Business Registration System. Navigate to the Utah Department of Commerce Business Registration System. Click “Search Business Entity Records” Click “Search Business Entity Records” Use the “name” search box to find your registered business name. Use the “name” search box to find your registered business name. “Business Search” page Proof of Ownership UTLA If the Utah Trust Lands Administration is your landowner, they are the property owner. In these cases, UTLA will be listed as a permiee. Please include accurate proof of ownership with your application. Plans and Procedures Drawings and Maps Plan of Operation & General Requirements Records and Reporting Systems and Designs Map Making Essentials Good Map Bad Map Map of Pipeline Drainage Road Pipeline A Good Map Should Contain: -Map Title -Facility Name -Legend -North Arrow -Scale -Neatlines -Coordinates -Author -Date(s) -Notes / Comments -Location Map -Inset Map -Contour Lines A Plan of Operation Should Include: ●A description of on-site solid waste handling procedures during the active life of the facility; ●Facility inspection and monitoring schedule; ●Contingency plans in the event of a fire or explosion; ●Contingency plans for other releases. This may include explosive gases, chemical exposure such as H2S or other harmful gases, chemical storage container failure, liquid storage tank failure, surface impoundment dike or berm failures, stormwater control system failures, and other potential releases as applicable to your facility. ●Corrective action programs to be initiated if groundwater is contaminated; ●Fugitive dust control plan generated from roads, construction, and general operations; ●Groundwater monitoring system, sampling and analysis plan, and equipment maintenance; ●Procedures for identifying and excluding the receipt of prohibited hazardous waste or other non E&P waste; ●25-year flood information and associated run-on and runo control calculations and designs; ●Container or tank storage area uses, designs, and procedures for removing released liquids; ○Secondary containment systems must contain 10% of the capacity of the combined container or tank area, or 100% of the largest container or tank, whichever is greater. ●High liquid waste management plan; ●Alternative waste management plan that addresses handling or disposal system during periods when the solid waste facility is not able to dispose of the waste, including procedures to be followed when equipment breaks down; ●Closure and post-closure care plans; ●Cost estimates and financial assurance for closure and post-closure activities and monitoring; and ●Landfill operations training plan for site operators. Additional Plan of Operation Items for Surface Impoundments Enhanced Evaporation System Plan Detailed construction and installation diagrams of the surface impoundment Liner Repair Procedures: -Liquid and solids removal methods; -Management of removed waste; -Locating the leak; -Repairing the leak; -Testing of the repair; and -Procedures for resuming operations Inspections & Monitoring Records ●Leak Detection Inspection Record; ●Daily Random Load Inspection Record; ●Groundwater Monitoring Record; and ●Regular Facility Inspection Record. Groundwater Monitoring Plan ●Class VII Landfills accepting hazardous waste from VSQG are required to have groundwater monitoring wells. ●Existing surface impoundments are required to maintain existing monitoring wells or leak detection. ●High liquid waste unloading structures are required to have a leak detection system unless determined unnecessary by the director. ●A groundwater monitoring waiver may be received if a facility has demonstrated that groundwater will not be contaminated and will not threaten human health or the environment. A Groundwater Monitoring Plan must include procedures and techniques for: ●Well construction and completion; ●Decontamination of drilling and sampling equipment; ●Sample collection; ●Sample preservation and shipment; ●Analytical procedures and quality assurance; ●Chain of custody control or sample tracking, as approved by the director; and ●Procedures to ensure employee health and safety during well installation and monitoring. Monitoring Wells During first year of operation: -Minimum of eight independent samples from upgradient wells. -Minimum of four independent samples from downgradient wells. -First year sample results will be used to establish background concentrations. Subsequent years of operation: -Minimum of one sample from each well semiannually. ●Must consist of at least one background or upgradient well and two downgradient wells. ●Must use a lab certified by the State of Utah. ●The groundwater quality will need to be determined annually by conducting a statistical analysis and reporting statistically significant changes compared to the background sampling results. ●The analysis is reported with the facility annual report each year. ●Monitoring wells are required to be maintained throughout the life of the facility. QC/QA Plans ●Quality Assurance and Quality Control for Waste Containment Facilities ɢEPA/600/R-93/182, or NTIS PB94ɮ159100ɣ. ●The quality assurance engineer is generally hired by the owner/operator and functions separately from the contractors and owner/operator. ●The quality assurance engineer must be a registered professional engineer. ●Usually at the construction site during all major construction operations to oversee quality assurance personnel and certify the completed project. ●Solid waste rules require that all engineered solid waste structures, other than buildings, are to have quality control and quality assurance plans, or QC/QA plans. Employee Training Program ●Personnel must be trained in facility operations, including the identification of prohibited hazardous waste, and waste containing PCBs. ●Permits have a condition that states “on-site personnel [shall be trained] in facility operation, including but not limited to waste load inspection, hazardous waste identification, personal safety and protection, and relevant documentation and notification requirements.” ●The Division recommends that owners and operators seek out, evaluate, and enroll in training courses that are commercially available on hazardous waste management, oered by various educators and consulting groups. ●Owners and operators should supplement available training courses with facility-specific training to ensure that the wastes arriving at each facility are understood, handled properly, appropriate documentation is maintained, and that any facility-specific hazards are addressed. Daily Logs & Other Records A Daily Operating Record Should Include: The weights in tons, or volumes in cubic yards, of solid waste received each day Number of vehicles entering, and if available, the type of wastes received each day Deviations from the approved Plan of Operation Results of monitoring eorts including leak detection inspections, and any groundwater and gas monitoring that may be required Inspection logs or summary, and, if necessary, corrective actions taken, and recorded on the day of the event If applicable, documentation of any demonstration made with respect to a location standard or exemption If applicable, any design documentation for the placement or recirculation of leachate or gas condensate into the landfill, when allowed Closure and post-closure care plans Other information pertaining to operation, maintenance, and monitoring Training and notification procedures Cost estimates and financial assurance documentation A copy of the permit and its attachments Quarterly & Annual Reporting Due on the 15th day of the month that follows the end of each quarter Quarterly Reports Due no later than the 1st of March Annual Reports Gas Monitoring (if applicable) Leak Detection Monitoring Required Inspections Regular Facility Inspections Groundwater Monitoring (if applicable) Regular Facility Inspections ●Regular facility inspections apply to all solid waste facilities and require an owner or operator to regularly inspect the facility to prevent malfunctions and deterioration, operator errors, and discharges that may cause harm to human health or the environment. ●To be conducted NO LESS THAN QUARTERLY ●The Facility Self Inspection Checklist near the boom of the Solid Waste Documents web page may be of assistance (hps://deq.utah.gov/waste-management-and-radiation-control/solid-waste-documents- solid-waste-program) ●Regular facility inspection items generally include facility and operational controls are in place such as proper signage, fences, gates, locks, drainage and erosion control, and fugitive dust control. Inspection items may also include review of daily logs and other inspection records. ●Additional items for inspection may include leak detection controls for ooad areas and surface impoundments, neing, proper labeling and containment for chemicals, leaky valves and pipes, and all secondary containment having suicient capacity to contain 10% of the total volume of liquid containers or the volume of the largest container, whichever is greater. Closure Options Closing Surface Impoundments Closure and Post Closure Plans Closing Landfills How to Write a Closure Plan Closure Plan Components 1ɣ Closure Schedule 2ɣ Facility capacity (volume and tons) 3ɣ Closure costs 4ɣ Demonstration that standards will be met 5ɣ Applicable final cover information 6ɣTime intervals for partial closure 7ɣ Projected fund withdrawal intervals Note for Surface Impoundments *Surface impoundments must also include a plan to evacuate, remove, and dispose of any liners, sludges, soils and wastes; and then seed and soil the area. OR A permit from the director to dispose of any residual waste on- site. A combination of these two options could also be used for closure of a surface impoundment. Requirements can be found in the Class VII application checklist. Landfill Closure Requirements Closure of landfills can be done via either: 2ɣ Alternative Final Cover: ●Infiltration and protection from erosion must be the same as the standard design. ●Approved by the director on a site specific basis. 1ɣ General Requirements for Final Cover: ●Detailed in landfarm transition section: (at least 18” compacted soil, 6” top soil; 2% grade, etc.) OR Surface Impoundment Closure Requirements Closure of surface impoundments can involve: 2ɣ Permit ●Permit to dispose of any residual waste onsite. 1ɣ General Closure Requirements: ●Removing liner and sludges, stained soils, or other solid wastes. ●Six inches of seeded capping soil. ●Cap can be planted with grass, shallow rooted vegetation, or other native vegetation. OR Post Closure Care Class VII Landfills: Surface Impoundments: ●Groundwater and Surface Water Monitoring ●Leachate Collection and Treatment ●Gas Monitoring ●Maintenance of the facility including structures that will remain after closure, as well as maintenance of any installed monitoring systems. ●Maintenance of any monitoring equipment and sampling and testing schedules as required by the director; and ●Inspection and maintenance of any cover material, including repair as soon as possible of any erosion channels, and reseeding as required by the director. 30 Years of Post Closure 5 Years of Post Closure Post Closure Care - Community Portal Third party cost to close and perform post-closure Costs change with facility changes Financial Assurance Inflation adjustments each February with Annual Report Complete recalculation every 5 years Closure Costs ●Cover material - acquiring, moving, final placement ●Grading cover material ●Top soil - acquiring, moving, final placement ●Fertilizing, seeding, mulching ●Removal of materials, buildings, equipment ●As-built surveys & reports Third Party Costs All costs. Materials, equipment, labor, engineering, surveying, sampling & analysis, inspections, admin. costs Financial Assurance: Cost Estimates Post-Closure Costs ●Required groundwater monitoring ●Required leachate monitoring and treatment ●Gas monitoring ●Final cover stabilization, repair, erosion control, reseeding ●Semiannual inspections and reporting ●Final analysis to terminate post-closure activities On-site Soil Use Existing property soil may be used for cover, but not contaminated soil or waste. Financial Assurance: Guidance & Tools Reliable construction cost estimating software may be used. Financial Assurance: Accepted Mechanisms Certificates of Deposit & Guarantee Language ●CDs not accepted, but your bank may accept them as collateral. ●Financial mechanisms must meet language requirements. For More Info ●Utah Administrative Code R315ɮ309. ●Financial Assurance Guidance. ●Financial Institution. ●Brent Gaschler is the Division’s dedicated Financial Assurance Oicer and can assist your financial institution. Trustee manages funds per trust agreement and is federally/state regulated. Trust agreement must be irrevocable. Owner/operator is Grantor, financial institution is Trustee. Director can authorize payments to owner/operator (if work done) or third party (if owner unable). Trust Fund Like a dedicated savings account Funds withdrawn only with Director’s approval for closure, post-closure, or corrective action. Trust funds must be fully funded by a date specified in your permit and before closure. Bond value (penal sum) is for total estimated cost of closure, post-closure, or corrective action.. Bond must equal cost estimates and be in eect by the date required by the permit. Ensures payment or performance of closure, post-closure, or corrective action if owner/ operator (Principle) fails. Surety company must be in Circular 570 of U.S. Dept. of Treasury. Surety Bond A guarantee form a surety company Bonds not canceled without 120 days' notice to owner/Director, or alternate mechanism. Two types: Performance Bond (Surety performs or hires third party) and Payment Bond (Surety pays costs; may need standby trust if no partial payments). Drawn upon only if specific event occurs (e.g., non-performance of closure). Must be for full cost estimate and in eect by permit’s required date. Standby leer of credit issued by bank/financial institution. Issuing institution must be federally/state regulated. Leer of Credit Credit guarantee from a financial institution Cancellation provisions similar to surety bonds. Requires an accompanying standby trust fund to hold drawn funds. Not a separate mechanism, but an accompaniment. Acts as a depository for funds from Surety or Leer of Credit. Needed if using payment-type surety bond or a leer of credit. Standby Trust A depository for funds when needed Ensures funds are earmarked for facility’s closure, post-closure, or corrective action costs. Must be in eect before waste receipt or before permit is issued for an existing facility. Policies generally canceled only for non-payment of premium, after 120 days' notice to owner and Director. Policy must cover full closure, post-closure, or corrective action cost estimates. Insurer must be licensed in one or more states. Insurance Insurer accepts the financial risk Can cancel if replacement mechanism or released from requirement. Two main components: Financial Component and Record Keeping/Reporting Component. Meet a Bond Rating or Financial Ratio Requirement (Moody's/S&P investment-grade, or debt-to-equity < 1.5, or profitability > 0.10ɣ Proves company has capability to pay when needed, not seing aside money. Requires domestic assets in US at least equal to costs; and a tangible net worth of at least the cost of FA amount + $10M Corporate Test Demonstrates a company’s financial strength Record Keeping/Reporting Component involves: Annual Update (re-qualify with new costs, CFO leer, unqualified CPA opinion). CPA special report to confirm data of CFO leer. Guarantor must meet corporate financial test annually. Qualified guarantors: parent corp, principal shareholder, corporate sibling, other firms with "substantial business relationship." Submit certified copy of guarantee contract and all required financial test documentation. Guarantee contract must specify guarantor will perform activities or fund trust if you fail. Corporate Guarantee Built through relationship with another financially strong company Guarantor’s CFO leer must describe value received for guarantee and address "substantial business relationship" if applicable. Guarantors remain bound as long as FA required; can initiate cancellation with 120 days' notice if alternate mechanism established. More than one financial assurance mechanism can be used if total assurance is suicient. Combined Mechanisms More than one mechanism to meet requirements For More Info ●Utah Administrative Code R315ɮ309. ●Financial Assurance Guidance. ●Financial Institution. ●Your financial institution may clarify questions through the Division’s Financial Assurance Oicer, Brent Gaschler. Visit our Web Pages wasteandradiation.utah.gov Visit our Web Pages wasteandradiationforms.utah.gov Visit our Web Pages wasteandradiation.utah.gov Visit our Web Pages wasteandradiation.utah.gov Thank You Jalynn Knudsen, Brian Speer, Bryan Wa, Nathan Nicolodemos, and Ma Sullivan DWMRC Solid Waste Section