Remediation Program Landfills and Open Dumps Guidance

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1 Remediation Program Landfills and Open Dumps Guidance Solid Waste Regulations Lori Freeman Senior Environmental Manager Industrial Waste Compliance Office of Land Quality

2 Solid Waste Statutes - History Federal Rules Congress passed the Solid Waste Disposal Act Basic definition of solid waste as a discarded material still used today. Identified solid waste management as a state and local issue. Amended in 1976 to become the Resource Conservation & Recovery Act (RCRA). Defined/banned open dumping. Required all solid waste to be disposed in a sanitary landfill. Amended in 1993 to Subtitle D of RCRA regulating non-hazardous solid waste. Solid Waste Definition (1965) solid waste means garbage, refuse, and other discarded materials, including solid-waste materials resulting from industrial, commercial, and agricultural operations, and from community activities, but does not include solids or dissolved material in domestic sewage or other significant pollutants in water resources, such as silt, dissolved or suspended solids in industrial waste water effluents, dissolved materials in irrigation return flows or other common water pollutants.

3 Solid Waste Statutes - History Open Dump (RCRA, 1976) Open dump means a site for the disposal of solid waste which is not a sanitary landfill. Open Dumps were prohibited Federal Rules USC (a) (3) provide minimum criteria to be used by the States to define those solid waste management practices which constitute the open dumping of solid or hazardous waste and are to be prohibited under subchapter IV of this chapter.

4 Solid Waste Statutes - History State Rules and Statutes 1971 Indiana Refuse Disposal Act is passed which establishes Indiana s solid waste program SPC 18 (solid waste rules) issued by Indiana s Stream Pollution Control Board. Established guidelines for sanitary landfills. Included daily cover and leachate management. Banned open burning and feeding garbage to animals. Also regulated refuse processing facilities and transfer stations.

5 Solid Waste Statutes - History Rules and Statutes 1993 U.S. EPA issues final set of rules for MSWLFs under Subtitle D at 40 CFR Solid Waste Management Board issues 329 IAC 10 to incorporate Subtitle D standards along with additional requirements going beyond the federal regulations.

6 Solid Waste Indiana Statute IC Sec (a) "Solid waste", for purposes of IC , IC 13-19, IC 13-21, IC , and environmental management laws, except as provided in subsection (b), means any garbage, refuse, sludge from a waste treatment plant, sludge from a water supply treatment plant, sludge from an air pollution control facility, or other discarded material, including solid, liquid, semisolid, or contained gaseous material resulting from industrial, commercial, mining, or agricultural operations or from community activities. The term does not include: (1) solid or dissolved material in: (A) domestic sewage; or (B) irrigation return flows or industrial discharges; that are point sources subject to permits under Section 402 of the Federal Water Pollution Control Act Amendments (33 U.S.C. 1342); (2) source, special nuclear, or byproduct material (as defined by the Atomic Energy Act of 1954 (42 U.S.C et seq.)); (3) manures or crop residues returned to the soil as fertilizers or soil conditioners as part of a total farm operation; or (4) vegetative matter at composting facilities registered under IC

7 329 IAC Solid Waste (a) Solid waste has the meaning set forth in IC (a) (b) The following are examples of other discarded material: 1. Ash residue 2. Contaminated sediments 3. Commercial solid waste 4. Construction/demolition waste 5. Hazardous waste 6. Household waste 7. Infections waste 8. Liquid waste 9. Pollution control waste 10. Municipal solid waste 11. Regulated hazardous waste 12. Residential waste 13. Industrial process waste

8 Pre-1976 Waste Status What is the regulatory status of solid waste disposed of or discarded prior to 1976? Don t assume its not regulated. Here s why

9 IC Open Dump Open dump for purposes of environmental management laws, means the consolidation of solid waste from one or more sources or the disposal of solid waste at a single disposal site that: 1. Does not fulfill the requirements of a sanitary landfill or other land disposal method as prescribed by law or regulations; and 2. Is established and maintained: A. without cover; and B. without regard to the possibilities of contamination of surface for subsurface water resources.

10 Open Dump 329 IAC No person shall cause or allow the storage, containment, processing, or disposal of solid waste in a manner which creates a threat to human health or the environment, including the creating of a fire hazard, vector attraction, air or water pollution, or other contamination.

11 329 IAC Open Dump (a) The owner of real estate upon which an open dump is located is responsible for the following: (1) Correcting and controlling any nuisance conditions that occur as a result of the open dump. Correction and control of nuisance conditions must include: (A) removal of all solid waste from the area of the open dump and disposal of such wastes in a solid waste land disposal facility permitted to accept the waste; or (B) other methods as approved by the commissioner. (2) Eliminating any threat to human health or the environment. (b) If the commissioner determines that the open dump is or may be a threat to human health or the environment due to a release of contaminants from the open dump into the environment, the commissioner may proceed under IC and rules adopted under IC that require the owner of real estate upon which an open dump is located or any other responsible persons under IC , to perform remedial action, including the installation and monitoring of ground water monitoring wells or other devices.

12 Solid Waste Examples

13 Solid Waste Examples

14 Solid Waste Examples

15 Solid Waste Examples

16 Solid Waste Examples Foundry Sand/Waste Often a combination of several/all waste streams at a foundry. Waste classifications cannot be issued for combined waste streams. Combined foundry wastes are not eligible to be used under IC

17 Can include: Foundry Sand Solid Waste Examples Black Sand Coal Combustion Residuals Residual Grit from Sewage Treatment Plant Sludge

18 Solid Waste Examples Coal Can include: Unused/Discarded Coal Coal Cinders Partially Combusted Coal

19 329 IAC Solid Waste Examples Construction/Demolition Waste Solid waste resulting from the construction, remodeling, repair, or demolition of structures Does not include fluorescent light fixtures, appliances, regulated asbestos material

20 Solid Waste Examples Construction/Demolition Waste

21 Solid Waste Exclusions 329 IAC Solid waste exclusions include: Uncontaminated rock, bricks, concrete, road demolition waste materials, and dirt Uncontaminated and untreated natural growth (e.g., tree limbs, stumps, leaves, and grass clippings) This only exempts a material from the provisions of 329 IAC 10 and not the definition of a solid waste.

22 Solid Waste So you have a solid waste at a site. Now what? You can: Remove and dispose of the waste. Cap the waste and leave in place with IDEM approval. Use other options?

23 Testing For Landfill Disposal So you have a solid waste. How much information/testing do you need? It depends. You start with: Generator/Historical knowledge Do you have knowledge that a specific chemical was released in the area (e.g., PCBs)? Landfill requirements May accept phase II results May have other requirements like PCBs

24 Legitimate Use Can you receive a legitimate use approval for the waste? It depends: Do you have a specific use in mind? Can the waste be adequately characterized to demonstrate that it is not a threat to public health and the environment given the use?

25 Any Questions? Thank you Lori Freeman Industrial Waste Compliance Office of Land Quality (317)