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Office of the Revisor of Statutes

7001.0590 PART B INFORMATION REQUIREMENTS FOR SURFACE IMPOUNDMENTS.

Except as otherwise provided in part 7045.0532, subpart 1, if the applicant proposes to store, treat, or dispose of hazardous waste in surface impoundment facilities, the applicant shall submit detailed plans and specifications accompanied by an engineering report which collectively includes the following information in addition to the information required by part 7001.0560:

A.

A list of the hazardous wastes placed or to be placed in each surface impoundment.

B.

Geologic and hydrogeologic information necessary to demonstrate compliance with part 7045.0532, subpart 2.

C.

Detailed plans and an engineering report describing how the surface impoundment is designed, and is or will be constructed, operated, and maintained to meet the requirements of parts 7045.0461 and 7045.0532, subparts 3, 4a, and 4b, addressing the following items:

(1)

The double liner and leak (leachate) detection, collection, and removal system, if the surface impoundment must meet the requirements of part 7045.0532, subpart 3, item C. If an exemption from the requirements for double liners and a leak detection, collection, and removal system or alternative design is sought as provided by part 7045.0532, subpart 3, item J or K, submit appropriate information.

(2)

If the leak detection system is located in a saturated zone, submit detailed plans and an engineering report explaining the leak detection system design and operation, and the location of the saturated zone in relation to the leak detection system.

(3)

The construction quality assurance plan if required under part 7045.0461.

(4)

Proposed action leakage rate, with rationale, if required under part 7045.0532, subpart 4a, and response action plan, if required under part 7045.0532, subpart 4b.

(5)

Prevention of overtopping.

(6)

Structural integrity of dikes.

D.

A description of how each surface impoundment, including the double liner system, leak detection system, leachate collection and removal system, cover system, and appurtenances for control of overtopping, will be inspected in order to meet the requirements of part 7045.0532, subpart 5, items A, B, and E. This information must be included in the inspection plan submitted under part 7001.0560, item E.

E.

A certification by a registered professional engineer that attests to the structural integrity of each dike, as required under part 7045.0532, subpart 5, item C. For new units, the owner or operator shall submit a statement by a qualified engineer that he or she will provide this certification upon completion of construction in accordance with the plans and specifications as required under part 7045.0532, subpart 5, item C.

F.

A certification by a registered professional engineer that attests that the uppermost liner and leak detection, collection, and removal system is intact and remains at design specifications, as required under part 7045.0532, subpart 5, item D. For new units, the owner or operator shall submit a statement by a qualified engineer that he or she will provide this certification upon completion of construction in accordance with the plans and specifications as required under part 7045.0532, subpart 5, item D.

G.

A description of the procedure to be used for removing a surface impoundment from service as required under part 7045.0532, subpart 6, items B and C. This information must be included in the contingency plan submitted under part 7001.0560, item G.

H.

A description of how hazardous waste residues and contaminated materials will be removed from the unit at closure, as required under part 7045.0532, subpart 7, item A, subitem (1). For any wastes not to be removed from the unit upon closure, the owner or operator shall submit detailed plans and an engineering report to demonstrate compliance with part 7045.0532, subpart 7, items A, subitem (2) and B. This information must be included in the closure plan and, where applicable, in the post closure plan submitted under part 7001.0560, item L.

I.

If ignitable or reactive wastes are to be placed in a surface impoundment, an explanation of compliance with part 7045.0532, subpart 8.

J.

If incompatible wastes, or incompatible wastes and materials will be placed in a surface impoundment, an explanation of compliance with part 7045.0532, subpart 9.

K.

A waste management plan for hazardous waste F028 and treatment residues and soil contaminated with hazardous wastes F020, F021, F022, F023, F026, F027, and F028 listed under part 7045.0135, subpart 1a, item B, describing how the surface impoundment is or will be designed, constructed, operated, and maintained to meet the requirements of part 7045.0532, subpart 10. This plan must address the following items as specified in part 7045.0532, subpart 10:

(1)

the volume, physical, and chemical characteristics of the wastes, including their potential to migrate through soil or to volatilize or escape into the atmosphere;

(2)

the attenuative properties of underlying and surrounding soils or other materials;

(3)

the mobilizing properties of other materials codisposed with these wastes; and

(4)

the effectiveness of additional treatment, design, or monitoring techniques.

L.

Information reasonably ascertainable by the owner or operator on the potential for the public to be exposed to hazardous wastes or hazardous waste constituents through releases related to the unit. At a minimum, the information must address:

(1)

reasonably foreseeable potential releases from both normal operations and accidents at the unit, including releases associated with transportation to or from the unit;

(2)

the potential pathways of human exposure to hazardous wastes or constituents resulting from releases described in subitem (1); and

(3)

the potential magnitude and nature of the human exposure resulting from the releases.

M.

Owners and operators of surface impoundments who have already submitted a Part B application and were required to submit the exposure information required in item L to EPA by Code of Federal Regulations, title 40, section 270.10(j), as amended, must also submit that information to the commissioner.

N.

Information on air emission controls as required in part 7001.0635.

Statutory Authority:

MS s 116.07; 116.37

History:

8 SR 2276; 10 SR 1212; 11 SR 1832; L 1987 c 186 s 15; 18 SR 1886; 20 SR 715; 33 SR 2042

Published Electronically:

July 13, 2009