Section 329IAC10-20-14.1. Alternative daily cover

  1. (a) The owner, operator, or permittee of an MSWLF unit that is constructed with a leachate collection system and composite liner in accordance with 329 IAC 10-17 may apply a material as alternative daily cover only in accordance with this section and any requirements in the facility permit. The following materials must not be applied as alternative daily cover:

(1) A solid waste that contains a toxicity characteristic contaminant listed in 40 CFR 261.24, Table 1, revised as of July 1, 2002, at a level equal to or greater than seventy-five percent (75%) of the regulatory level for that contaminant, determined in accordance with 329 IAC 3.1.

(2) Putrescible waste.

(3) Infectious waste.

(4) Baghouse dust.

(5) Biosolid that does not meet Class A criteria described in the rules of the water pollution control board at 327 IAC 6.1-4-13(c).

(6) Material containing PCB that is not listed in subsection (c) or (e).

  (b) Unless permitted otherwise under subsection (e), all material used as alternative daily cover must meet the following performance standards:

(1) The material must meet all requirements of this article for disposal in a municipal solid waste landfill.

(2) Use of the material must not result in:

(A) blowing litter;

(B) blowing dust; or

(C) disease vectors.

(3) The material must not contribute to:

(A) fire;

(B) odor; or

(C) scavenging.

(4) The material must not:

(A) be composed of more than twenty percent (20%) particles smaller than six hundred (600) microns; or

(B) have a bulk density less than one (1) gram per cubic centimeter.

(5) The material must not be soluble in water.

(6) A dry material must not exhibit a pH of:

(A) less than or equal to five (5); or

(B) greater than or equal to ten (10);

when tested in accordance with Method 9045C, "Soil and Waste pH", described in U.S. Environmental Protection Agency Publication SW-846.

(7) When applied as alternative daily cover in accordance with this section, the material must not present a threat to human health or the environment as follows:

(A) The material must not exceed an exposure limit listed in any of the following:

(i) 29 CFR 1910, Subpart Z, revised as of July 1, 2003.

(ii) 29 CFR 1926.55, revised as of July 1, 2003.

(iii) 29 CFR 1926.62, revised as of July 1, 2003.

29 CFR 1910 and 29 CFR 1926 are available from the Superintendent of Documents, U.S. Government Printing Office, P.O. Box 371954, Pittsburgh, Pennsylvania 15250-7954, [phone].

(B) The material must not be ignitable under conditions that exist at the working face of the landfill.

(8) Waste must not be visible after application of the material as alternative daily cover.

  (c) The owner, operator, or permittee of the municipal solid waste landfill shall apply for an insignificant facility modification in accordance with 329 IAC 10-3-3(b) to apply any of the following materials as alternative daily cover:

(1) Altered tires.

(2) Wood chips.

(3) Compost.

(4) Foundry sand.

(5) Geotextile.

(6) Plastic tarpaulin.

(7) Material excluded from regulation by 329 IAC 10-3-1(1).

(8) Dewatered publicly owned treatment works sludge.

(9) Dewatered paper sludge.

(10) Petroleum contaminated soil.

(11) Soil contaminated with vegetable oil.

(12) Material containing PCB allowed under 40 CFR 761.62(d), revised as of July 1, 1999*.

(13) Material containing less than fifty (50) parts per million PCB that:

(A) results from a source that contained less than fifty (50) parts per million PCB;

(B) would otherwise meet the definition of PCB bulk product waste in 40 CFR 761.3, revised as of July 1, 1999*; and

(C) is listed in 40 CFR 761.62(b)(1), revised as of July 1, 1999*.

(14) Other material containing less than or equal to ten (10) parts per million PCB not as a result of dilution.

*40 CFR 761 is available from the Superintendent of Documents, U.S. Government Printing Office, P.O. Box 371954, Pittsburgh, Pennsylvania 15250-7954, [phone].

  (d) The owner, operator, or permittee of the municipal solid waste landfill shall apply for an insignificant facility modification in accordance with 329 IAC 10-3-3(c) to apply a material that:

(1) is not listed in subsection (c); and

(2) meets the performance standards in subsection (b) when delivered to the working face of the landfill.

  (e) The owner, operator, or permittee of the municipal solid waste landfill shall apply for a minor modification in accordance with 329 IAC 10-11-6 to apply any of the following materials as alternative daily cover:

(1) A material that:

(A) is not listed in subsection (c); and

(B) does not meet the performance standards in subsection (b) when delivered to the working face of the landfill but can be made to meet the performance standards using additional management practices at the landfill.

The application for a minor modification must describe the management practices that will be used to make the material meet the performance standards in subsection (b).

(2) Material that:

(A) contains less than fifty (50) parts per million PCB;

(B) results from a source that contains less than fifty (50) parts per million PCB; and

(C) is not listed in subsection (c).

  (f) The owner, operator, or permittee of a municipal solid waste cell or unit that applies alternative daily cover shall comply with all of the following requirements:

(1) Prior to the initial use of any material as alternative daily cover, the owner, operator, or permittee shall notify the Agriculture and Solid Waste Compliance Section, Office of Land Quality, at least five (5) working days before the initial use of any material as alternative daily cover.

(2) Alternative daily cover must only be applied:

(A) on areas that will have additional solid waste deposited within the next seven (7) working days; or

(B) as approved by the commissioner.

(3) Alternative daily cover that is exposed for longer than seven (7) working days must be covered with soil:

(A) as required by section 13(a) of this rule; or

(B) as approved by the commissioner.

(4) Alternative daily cover must be placed on the working face by the end of each day of operation.

(5) Alternative daily cover, except geotextile or plastic tarpaulin, must be applied:

(A) at a minimum thickness of six (6) inches; or

(B) as approved by the commissioner.

(6) Any solid waste that is not covered by alternative daily cover must be covered in accordance with section 13(a) of this rule.

(7) Alternative daily cover, except geotextile or plastic tarpaulin, must:

(A) not be reapplied as daily cover; or

(B) be applied as approved by the commissioner.

(8) The owner, operator, or permittee shall retain the following information in the operating record for a period of one (1) year:

(A) The source of the alternative daily cover material.

(B) Documentation used to determine compliance with subsection (a)(1).

(C) Documentation that the alternative daily cover material complies with the performance standards under subsection (b), if applicable.

(9) Material used as alternative daily cover must be stockpiled in accordance with:

(A) the provisions of this article regarding storm water pollution prevention; and

(B) section 15 of this rule.

(10) A supply of daily cover material that meets the requirements of section 13 of this rule must be readily available if the material used as alternative daily cover does not meet the requirements of this section.

  (g) The commissioner may modify or revoke an approval under subsections (c) through (e) for application of any material that does not meet the requirements of this section. (Solid Waste Management Division; 329 IAC 10-20-14.1; filed Aug 2, 1999, 11:50 a.m.: 22 IR 3829; readopted filed Jan 10, 2001, 3:25 p.m.: 24 IR 1535; filed Jul 14, 2004, 9:15 a.m.: 27 IR 3967; errata filed Oct 7, 2004, 11:50 a.m.: 28 IR 608)