(1) The owner or operator of landfill units subject to paragraph (j)(1) of this section must submit a proposed action leakage rate to the commissioner when submitting the notice required under paragraph (j)(2) of this section. Within 60 days of receipt of the notification, the commissioner will: establish an action leakage rate, either as proposed by the owner or operator or modified using the criteria in this subdivision; or extend the review period for up to 30 days. If no action is taken by the commissioner before the original 60 or extended 90 day review period ends, the action leakage rate will be approved as proposed by the owner or operator.

(2) The commissioner shall approve an action leakage rate for landfill units subject to paragraph (j)(1) of this section. The action leakage rate is the maximum design flow rate that the leak detection system (LDS) can remove without the fluid head on the bottom liner exceeding one foot. The action leakage rate must include an adequate safety margin to allow for uncertainties in the design (e.g., slope, hydraulic conductivity, thickness of drainage material), construction, operation, and location of the LDS, waste and leachate characteristics, likelihood and amounts of other sources of liquids in the LDS, and proposed response actions (e.g., the action leakage rate must allow for decreases in the flow capacity of the system over time resulting from siltation and clogging, rib layover and creep of synthetic components of the system, overburden pressures, etc.).

(3) To determine if the action leakage rate has been exceeded, the owner or operator must convert the weekly or monthly flow rate from the monitoring data obtained under subdivision (l) of this section, to an average daily flow rate (gallons per acre per day) for each sump. Unless the commissioner approves a different calculation, the average daily flow rate for each sump must be calculated weekly during the post-closure care period when monthly monitoring is required under paragraph (l)(2) of this section.

(1) on a map, the exact location and dimensions, including depth, of each cell with respect to permanently surveyed benchmarks; and

(2) the contents of each cell and the approximate location of each hazardous waste type within each cell.

(1) At final closure of the landfill or upon closure of any cell, the owner or operator must cover the landfill or cell with a final cover designed and constructed to:

(2) After final closure, the owner or operator must comply with all post-closure requirements contained in section 373-3.7(g) through (j) of this Subpart including maintenance and monitoring throughout the post-closure care period. The owner or operator must:

(1) Except as provided in paragraph (2) of this subdivision, and in subdivision (i) of this section, ignitable or reactive waste must not be placed in a landfill, unless the waste and landfill meet all applicable requirements of Part 376 of this Title, and:

(2) Except for prohibited wastes which remain subject to treatment standards in section 376.4 of this Title, ignitable wastes in containers may be landfilled without meeting the requirements of paragraph (1) of this subdivision, provided that the wastes are disposed of in such a way that they are protected from any material or conditions which may cause them to ignite. At a minimum, ignitable wastes must be disposed of in nonleaking containers which are carefully handled and placed so as to avoid heat, sparks, rupture or any other condition that might cause ignition of the wastes; must be covered daily with soil or other noncombustible material to minimize the potential for ignition of the wastes; and must not be disposed of in cells that contain or will contain other wastes which generate heat sufficient to cause ignition of the waste.

(1) Bulk or noncontainerized liquid waste or waste containing free liquids (whether or not sorbents have been added) must not be placed in a landfill.

(2) Containers holding free liquids must not be placed in a landfill, unless:

(3) To demonstrate the absence or presence of free liquids in either a containerized or a bulk waste, the following test must be used: Method 9095B (Paint Filter Liquids Test) as described in “Test Methods for Evaluating Solid Waste, Physical/Chemical Methods,” EPA Publication SW-846, as incorporated by reference in section 370.1(e) of this Title.

(4) Sorbents used to treat free liquids to be disposed of in landfills must be nonbiodegradable. Nonbiodegradable sorbents are: materials listed or described in subparagraph (i) of this paragraph; materials that pass one of the tests in subparagraph (ii) of this paragraph; or materials that are determined by the department to be nonbiodegradable through the Part 370 petition process.

(1) at least 90 percent full when placed in the landfill; or

(2) crushed, shredded, or similarly reduced in volume to the maximum practical extent before burial in the landfill.

(1) Hazardous waste must be packaged in nonleaking inside containers. The inside containers must be of a design and constructed of a material that will not react dangerously with, be decomposed by or be ignited by, the contained waste. Inside containers must be tightly and securely sealed. The inside containers must be of the size and type specified in the United States Department of Transportation (DOT) hazardous materials regulations (49 CFR parts 173, 178 and 179) (see section 370.1[e] of this Title), if those regulations specify a particular inside container for the waste.

(2) The inside containers must be overpacked in an open-head Federal DOT specification metal shipping container (49 CFR parts 178 and 179) (see section 370.1[e] of this Title) of no more than 416-liter (110-gallon) capacity and surrounded by, at a minimum, a sufficient quantity of sorbent material, determined to be nonbiodegradable in accordance with paragraph (g)(4) of this section to completely sorb all of the liquid contents of the inside containers. The metal outer container must be full after it has been packed with inside containers and sorbent material.

(3) The sorbent material used must not be capable of reacting dangerously with, being decomposed by or being ignited by, the contents of the inside containers in accordance with section 373-3.2(h)(2) of this Subpart.

(4) Incompatible wastes, as defined in section 370.2(b) of this Title, must not be placed in the same outside container.

(5) Reactive wastes, other than cyanide- or sulfide-bearing waste as defined in section 371.3(d)(1)(v) of this Title, must be treated or rendered nonreactive prior to packaging in accordance with paragraphs (1) through (4) of this subdivision. Cyanide- and sulfide-bearing reactive waste may be packed in accordance with paragraphs (1) through (4) of this subdivision without first being treated or rendered nonreactive.

(6) Such disposal is in compliance with the requirements of Part 376 of this Title.

(1) The owner or operator of each new landfill unit, each lateral expansion of a landfill unit, and each replacement of an existing landfill unit must install two or more liners and a leachate collection and removal system above and between the liners, and operate the leachate collection and removal systems, in accordance with section 373-2.14(c)(3) of this Part, unless excempted under section 373-2.14(c)(4), (5), or (6), of this Part.

(2) The owner or operator of each unit referred to in paragraph (1) of this subdivision must notify the commissioner at least 60 days before receiving waste. The owner or operator of each facility submitting notice must file a Part 373 permit aplication within six months of the commissioner's receipt of the notice.

(3) The owner or operator of any replacement landfill unit is exempt from paragraph (1) of this subdivision if:

(4) The double liner requirement set forth in paragraph (1) of this subdivision may be waived by the commissioner for any monofill, if:

(5) In the case of any unit in which the liners and leachate collection system have been installed pursuant to the requirements of paragraph (1) of this subdivision, the commissioner, when issuing the first permit, will not require that a new liner and leachate collection system be installed, unless the commissioner has reason to believe the liner is leaking.

(6) The owner or operator must design, construct, operate, and maintain a run-on control system capable of preventing flow onto the active portion of the landfill during peak discharge from at least a 25-year storm.

(7) The owner or operator must design, construct, operate, and maintain a run-off management system to collect and control at least the water volume resulting from a 24-hour, 25-year storm.

(8) Collection and holding facilities (e.g., tanks or basins) associated with run-on and run- off control systems must be emptied or otherwise managed expeditiously after storms to maintain design capacity of the system.

(9) The owner or operator of a landfill containing hazardous waste which is subject to wind dispersal must cover or otherwise manage the landfills so that wind dispersal of the hazardous waste is controlled.

(1) The owner or operator of landfill units subject to paragraph (j)(1) of this section must develop and keep on-site, until a closure of the facility, a response action plan. The response action plan must set forth the actions to be taken if the action leakage rate has been exceeded. At a minimum, the response action plan must describe the action specified in paragraph (2) of this subdivision.

(2) If the flow rate into the leak detection system exceeds the action leakage rate for any sump, the owner or operator must:

(3) To make the leak and/or remediation determinations in subparagraphs (iii)-(v) of this paragraph, the owner or operator must:

(1) An owner or operator required to have a leak detection system under paragraph (j)(1) of this section must record the amount of liquids removed from each leak detection system sump at least once each week during the active life and closure period.

(2) After the final cover is installed, the amount of liquid removed from each leak detection system sump must be recorded at least monthly. If the liquid level in any sump stays below its pump operating level for two consecutive months, the amount of liquid in the sump must be recorded at least quarterly. If the liquid level in the sump stays below its pump operating level for at least two consecutive quarters, the amount of liquid in the sump must be recorded at least semi-annually. If at any time during the post-closure care period the pump operating level is exceeded at units on quarterly or semi-annual recording schedules, the owner or operator must return to monthly recording of the amount of liquid removed from each sump until the liquid level again stays below the pump operating level for two consecutive months.

(3) Pump operating level is a liquid level proposed by the owner or operator and approved by the commissioner based on pump activation level, sump dimensions, and level that avoids backup into the drainage layer and minimizes head in the sump. The timing for submission and approval of the proposed pump operating level will be in accordance with paragraph (b)(1) of this section.