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7035.1700 REQUIRED PRACTICES FOR MAINTENANCE AND OPERATION OF INDUSTRIAL SOLID WASTE LAND DISPOSAL FACILITIES.

Any person who maintains or operates an industrial solid waste land disposal facility or permits the use of property for such a facility, must maintain and operate the facility in conformance with the following practices unless otherwise allowed by the agency in issuing the required permit:

A.

Open burning is prohibited.

B.

Industrial solid waste must not be deposited in a manner that allows material or leachings therefrom to cause pollution of ground water or surface water.

Proposed separation between the lowest portion of the facility and the high water table elevation must be a minimum of five feet. This requirement does not render inoperative any other requirements specified herein and additional ground water protection must be provided.

C.

Dumping of industrial solid waste must be limited to as small an area as practicable and with appropriate facilities to confine wind-blown material within the area. At the conclusion of each day of operation, all wind-blown material resulting from the operation must be collected and returned to the area by the owner or operator.

D.

Industrial solid waste must be compacted as densely as practicable and covered after each day of operation, or as specified by the commissioner, with a compacted layer of at least six inches of suitable cover material. All previously filled areas must be maintained with at least six inches of suitable cover material.

If disposal areas will be exposed to the elements for a period of 120 days or longer, an intermediate cover totaling at least 12 inches of compacted, suitable cover material must be provided and maintained.

There must be an available supply of suitable cover material, which, if necessary, must be stockpiled and protected to allow for compliance with the requirements contained in item D including during periods of inclement weather or winter operation.

The industrial solid waste land disposal facility must be constructed and cover material graded to promote surface water runoff without excessive erosion.

E.

Surface water drainage must be diverted around and away from the facility operating area.

F.

A minimum separation distance of 20 feet, or greater as specified by the commissioner, must be maintained between the disposal operation and the adjacent property line.

G.

Effective means must be taken if necessary to control flies, rodents, and other insects or vermin.

H.

The approach road to the disposal site and the access road on the site must be of all-weather construction and maintained in good condition so that they will be passable at all times for any vehicle using the site.

I.

Adequate dust control on the site must be provided.

J.

Equipment must be available for adequate operation of the site. The equipment must be provided with adequate safety devices and adequate noise control devices.

K.

Equipment must be provided and kept at the site during the hours of operation to control accidental fires and arrangements must be made with the local fire protection agency to immediately acquire their services when needed.

L.

Adequate communication facilities must be provided for emergency purposes.

M.

Sanitary facilities and shelter must be available for site personnel.

N.

Scavenging must be prohibited to avoid injury and prevent interference with operations.

O.

The site must be adequately screened by existing or provided means.

P.

A certified operator must be present at the facility at all times while it is open for use.

Q.

Access to the site must be controlled. A gate must be provided at the entrance to the site and kept locked when an attendant is not on duty.

R.

A permanent sign, identifying the operation and showing the permit number of the site, and indicating the hours and days the site is open for use, rates, the penalty for nonconforming dumping, and other pertinent information, must be posted at the site entrance.

S.

A water monitoring program must be constructed and operated to determine whether industrial solid waste or leachate therefrom is causing pollution of ground water or surface water. The drilling and construction of all site wells, including those used for monitoring purposes, must be done in compliance with chapter 4725.

The conditions of monitoring, including the frequency and the analysis of water monitoring samples, must be determined by the commissioner and may be changed at the commissioner's discretion.

T.

Approved leachate collection and treatment systems must be used where required to protect ground water and surface water.

U.

Decomposition gases must not be allowed to migrate laterally from the facility. They must be vented into the atmosphere directly through the cover material, or into cutoff trenches, or into the atmosphere by forced ventilation, or by other means approved by the commissioner so that explosive concentrations are prevented.

V.

The following are not acceptable for deposit in industrial solid waste land disposal facilities except as approved by the commissioner:

(1)

Liquids;

(2)

Any of the following: digested sewage sludges, lime sludges, grit chamber cleanings, bar screenings, and other sludges, unless approved by the commissioner. Approval will be based on consideration of such factors as chemical composition, free moisture content, and workability;

(3)

In no case will infectious waste, raw sewage sludge, raw animal manure, or septic tank pumpings be acceptable; or

(4)

Other substances that may be deemed unacceptable by the agency.

W.

When disposed of at an industrial solid waste land disposal facility, certain demolition and construction type wastes may be disposed of in a separate area, as specified by the commissioner.

X.

The permittee must properly complete the agency operational report form and submit it monthly to the agency, whether or not the permitted facility is yet constructed or whether or not it is in operation.

Y.

Within one month after final termination of a site, or a major part thereof, the area must be covered with at least two feet of compacted earth material, graded to a minimum two percent slope to promote surface water runoff without excessive erosion.

The finished surface of the filled area must be covered and maintained with adequate top soil and seeded to provide suitable vegetation immediately upon completion, or immediately in the spring on areas terminated during winter conditions. If necessary, seeded slopes must be covered with straw or similar material to prevent erosion.

Prior to completion of an industrial solid waste land disposal facility, the agency must be notified in order that a site investigation may be conducted by the agency staff before earth moving equipment is removed from the property.

After completion of an industrial solid waste land disposal facility, a detailed description, including a plat, must be recorded with the county recorder. The description must include general types and location of wastes, depth of fill, and other information of interest to future land owners.

If the completed site is to be cultivated, the integrity of the finished surface must not be disturbed by agricultural cultivation activities. If cultivated, a sufficient depth of cover material to allow cultivation and to support vegetation must be maintained.

Statutory Authority:

MS s 115.03; 116.07

History:

L 1987 c 186 s 15; 13 SR 1150

Published Electronically:

September 7, 2006

Official Publication of the State of Minnesota
Revisor of Statutes