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=5 ^ '^5 · sample number •wjowjbbabmiesssssssasse m4.00 i -is 1-17-00 1-13-00 's-ol s- 02-00 5. 03-00 s-03-01 s-03-02 $.04-00 s. 06-00 * 3. 06-01 s-07-00 voc* (us/l) 10 j vcl

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Page 1: =5 ^ '^5 · sample number •wjowjbbabmiesssssssasse m4.00 i -is 1-17-00 1-13-00 's-ol s- 02-00 5. 03-00 s-03-01 s-03-02 $.04-00 s. 06-00 * 3. 06-01 s-07-00 voc* (us/l) 10 j vcl

/ i - _ • =rT «•—H I T ———• « »

•SPSS*' £?S5-.:.==" s/ j« -

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Page 2: =5 ^ '^5 · sample number •wjowjbbabmiesssssssasse m4.00 i -is 1-17-00 1-13-00 's-ol s- 02-00 5. 03-00 s-03-01 s-03-02 $.04-00 s. 06-00 * 3. 06-01 s-07-00 voc* (us/l) 10 j vcl

'!

Page 3: =5 ^ '^5 · sample number •wjowjbbabmiesssssssasse m4.00 i -is 1-17-00 1-13-00 's-ol s- 02-00 5. 03-00 s-03-01 s-03-02 $.04-00 s. 06-00 * 3. 06-01 s-07-00 voc* (us/l) 10 j vcl

•v ; *i= : '-V'-'' -iii 'lii

'7 -,O i ' :'/ t —— * 4 .' »*I V^MM*^MMM^ I I

'! *r-/v "'/-V' f:—"•"• fti '••* ""i; •-/ - C-v •ni;- -1 ;j n fe> .4-,---

1 • V . ?• • .V ^ ^ -V •B tf .A.m I .A

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.i '•:»;•)

i:••*i?iii.•«

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i1. •!I; i 'ir!ihi.n;i I 1 I. iniiiiW.Xl? J!

FIGURE 3

Page 4: =5 ^ '^5 · sample number •wjowjbbabmiesssssssasse m4.00 i -is 1-17-00 1-13-00 's-ol s- 02-00 5. 03-00 s-03-01 s-03-02 $.04-00 s. 06-00 * 3. 06-01 s-07-00 voc* (us/l) 10 j vcl

*s~i- <•- :. /f TT:" !-M li!*.<. !i -"J.. - —x1 -' - «-:!!!: j-j

FIGURE 4

Page 5: =5 ^ '^5 · sample number •wjowjbbabmiesssssssasse m4.00 i -is 1-17-00 1-13-00 's-ol s- 02-00 5. 03-00 s-03-01 s-03-02 $.04-00 s. 06-00 * 3. 06-01 s-07-00 voc* (us/l) 10 j vcl

-i... -. x"^ • •v:-/ • ^ '-"jiil . *'.t / rO-xS'O .•!•til ;. ;-.f N- ?V>7^ ^/ *H-4i"'In I '•> J '•'O ~_ • *J 3 /•—•31!c::- .-. ! 3 j pl j1,:' "' • ' :i " -> •:. -t>- I • ;•! i^•k i -^.., » • • , — > • • r i •—•

• !l I-.' >* ••} . -U/-. - L ~ -*^IK . :;•••! / • \y L, •" Tl^ Ml-..''' . sJ ^ ..I

rii

« i f it > j»>i i &?' i» *!!• Ji It;

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,, s 7 r; §"•: , • -.c 3 i j. L•iJe/o1-; f^ • T\ i 1,1(1:- 'J xv, ' ' :

I .-. 3 O I •! I':"*'____ ______ i •?tr ;; » » 1 \\\ • h, r - '-—*—• 1 -;i. 'I ! N11! 11 • nrk * • ! ji -it ?

JA i

FIGURE 5

Page 6: =5 ^ '^5 · sample number •wjowjbbabmiesssssssasse m4.00 i -is 1-17-00 1-13-00 's-ol s- 02-00 5. 03-00 s-03-01 s-03-02 $.04-00 s. 06-00 * 3. 06-01 s-07-00 voc* (us/l) 10 j vcl

T-fj*L. •**!» I*

FIGURE 6

/IR30H33

Page 7: =5 ^ '^5 · sample number •wjowjbbabmiesssssssasse m4.00 i -is 1-17-00 1-13-00 's-ol s- 02-00 5. 03-00 s-03-01 s-03-02 $.04-00 s. 06-00 * 3. 06-01 s-07-00 voc* (us/l) 10 j vcl

Figur. 7

Page 8: =5 ^ '^5 · sample number •wjowjbbabmiesssssssasse m4.00 i -is 1-17-00 1-13-00 's-ol s- 02-00 5. 03-00 s-03-01 s-03-02 $.04-00 s. 06-00 * 3. 06-01 s-07-00 voc* (us/l) 10 j vcl

. ,9

2 o M•- G M3 H*** <<iI" H 22 « *5 ^% HO ^ J

ro f^ 2- • ^ '3\ • \

\ \ '\ \ 1 / /

i ',i._l/ co

= I

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Page 9: =5 ^ '^5 · sample number •wjowjbbabmiesssssssasse m4.00 i -is 1-17-00 1-13-00 's-ol s- 02-00 5. 03-00 s-03-01 s-03-02 $.04-00 s. 06-00 * 3. 06-01 s-07-00 voc* (us/l) 10 j vcl

\f f

3 21

0

Page 10: =5 ^ '^5 · sample number •wjowjbbabmiesssssssasse m4.00 i -is 1-17-00 1-13-00 's-ol s- 02-00 5. 03-00 s-03-01 s-03-02 $.04-00 s. 06-00 * 3. 06-01 s-07-00 voc* (us/l) 10 j vcl

< 5

= ii ;</"

Page 11: =5 ^ '^5 · sample number •wjowjbbabmiesssssssasse m4.00 i -is 1-17-00 1-13-00 's-ol s- 02-00 5. 03-00 s-03-01 s-03-02 $.04-00 s. 06-00 * 3. 06-01 s-07-00 voc* (us/l) 10 j vcl

• ALTERNATIVE:

ALTERNATE~ CAP PROPOSALH. Brown Superfund Site

Walker, Michigan

GCL -\ XXXXXXXXXXXXXXXXXXXXXXX

fdf!"t i 0 /77/VMaterial \ Geomembrane

No Scale

FIGURE i

Page 12: =5 ^ '^5 · sample number •wjowjbbabmiesssssssasse m4.00 i -is 1-17-00 1-13-00 's-ol s- 02-00 5. 03-00 s-03-01 s-03-02 $.04-00 s. 06-00 * 3. 06-01 s-07-00 voc* (us/l) 10 j vcl

TABLE

INORGANIC CONTAMINANTS DETECTED IN GROUND WATER

^KaiMMMiMAC

Alumioum

Anutnov?

Arwmc

Bonus

B*rytlni«

CodouiMi

Ciiciita

|CWo«»itt«

1<*oJi

Cow-r

Ira*

Uori

DoUBtlQ*FroviMMy*

:6of 2613 of 14TofToof 26

:& 01 :6II Of 14Jot?2*oi2*14 of 14TOT?6 o(261 of 14

10 of 26I of 14

i6of2*14 of 14Tof ?3 of 26a of 14

22 of 2*»of 14

24 of 269 of 14Jof?:6of 2614 of 14Tof?2* of 2*13 of 14«of 6

RM*» of Do*"*CotoWMfottKMt *J>f^^

43 J «o 111.900ID 0*0.4002S.CI04J926 J «o :»l

I.I 10 J701-2*2242 J M J.?US M 145054JM643rojtasuO.U «04»J.l.f

1.4 Mil.?

a.o

UUOOM 1.060.000161.000 to saz.000lOjiot w 4J».ao»6J3 M 21*6.6 » St.*

6.4 M «5.t4.4 m 70.1

5.0 Ml. 6602.47 M 1304Jk>Uo«2 » 373.0002J90 1* 132.000tf»»UJM .3.8 M IS.SO82J»2St.4> I* *.f

M«M

• 9..C5J451«

145

IS.62J75SS29«44.4

433

345.U33U S6r«.tn61.414.1

is.o14.1

254JO.?4J363.4*124.431?JfS1.17643J4 1

«t |ucv 1

JO. . ..11.214406

52.?3J4734423(?J1.47

6.66

435.4553»3.70?379.4M*»J26.»

24-12tJ

41*41.64.1394.t»4>4S.44*16JM3,47$?7.41.6

Com*miM«&L

M»|tMHum

M ————

Mtrturjp

NieM

POUMHMI

StioniiMB

Silver

——TWlHM

v ———

Cae

D«Mt«IO«Fr« UMC7

;6of 2614 W 14To* ?

14 a( 14TofTi: of :61 of 14lof?3of:6a «f 14

26 of 2614 of 14TofTlof 13

4of 26

2* of 2614 of 14TofTt of IS

23 of 2611 of 14lof?26 of 2613 of 14Tof ?

Rtflf* •» DtMriartCOIKOMTMIOM

>fl.)iMJOw J52.00044.MO M 307.00031.206 M 146.00*

137 (o 3.06021.0 to 4660^ W4.7

0.1S04110.7 w J.1907.S «• 1ST

2.140 to 11.0007 J W MJO*1.2

1.0 i»5J

7,630 to 919.00013.050 to 501.0002f.*M M 14t.lt*6.2

5.2 M 2973.4 to IOSTJ1.6 w 40JOO:i.tw4«s76JM4J6*

MOM

91.7121Z4.SB10TU14

uo1610.5

19»23.*

17.5977'.7»4.6*3

1.0

74.M7isott9UO

47J14.0

9Z.S«•

«

Notes: * Contaminants detected in the shallow aquifer and information related to them appear as normal text in AtContaminants detected in intermediate and deep aquifers and information related to them appear as shadedtext, respectively ?

* A detection frequency of "t of 26" implies that the contaminant was detected in I of the 26 samples cola detection frequency of "3 of 26* implies that the contaminant was detected in 3 of 26 samples collectecand so on

' 95 percent upper confidence limit of the arithmetic mean concentration of a contaminantA blank in the table indicates that the contaminant was either not detected or the detection frequency was insfor calculation of the parameter represented by the blank

I 4*301*1*39

Page 13: =5 ^ '^5 · sample number •wjowjbbabmiesssssssasse m4.00 i -is 1-17-00 1-13-00 's-ol s- 02-00 5. 03-00 s-03-01 s-03-02 $.04-00 s. 06-00 * 3. 06-01 s-07-00 voc* (us/l) 10 j vcl

SAMPLE NUMBER•WJOWjBBaBMIESSSSSSSaSSE

M4.00

I -IS

1-17-00

1-13-00

'S-Ol

S- 02-00

5. 03-00

S-03-01

S-03-02

$.04-00

S. 06-00

*

3. 06-01

S-07-00

VOC* (us/L)

10 J VCL

3 . 3 ?CA

IS VCL2.5 XE

9.1J VCL3.2 DCS1.3J 3MZ

11 CB2

U

2.3 TCAU

U

U

5.9 CDS4.6 DCE2.5 TCE3.3 BN22.0J TOL2.4 CBZ15 EBZ5.2 XXX16 XYL

4.5 COS4.3 OCE2.4 TCE3.2 SNZ2 . 3 TOL2.6 CBZ15 . EBZ5.9 MXY16 .m3.7 BNZ3.2 CBZ

3NAJ (ug/L)

f

U12.4 SEP

>

6.7 3EP

U

U

U

U

U

U

U

U

U

PESTICIDES uj/—— — — — —— — rap

I

U

Page 14: =5 ^ '^5 · sample number •wjowjbbabmiesssssssasse m4.00 i -is 1-17-00 1-13-00 's-ol s- 02-00 5. 03-00 s-03-01 s-03-02 $.04-00 s. 06-00 * 3. 06-01 s-07-00 voc* (us/l) 10 j vcl

| SArtPii swaci 1S-03

S-09•

S-ll-00S-ll-01

S-ll-02

S-12-00*

S-12-01 :

-

1 *•

VCCs (ut/ 1) i 3NAJ uz/L)

16 CDS52 :CE3.9J TC£

39 3ZN190 TOL11 C3Z170 ISZ260 KXY230 ICYL

U

U

4 U

U

18 BNZ5.2 TOL6.0 CBZ1.7J EBZ1.4J MXY5.9 XYL

t

,

19 BNZ5.5 TOL6.1 CBZ1.7J EBZ1.5J fflCY7.8 XYL

::.• ?KM2 . 3J ":C8N

. :.9J :HP'9.7 4MP- . 2 NOP•> . 3 . :MP9.1 NPL1 . - • MSIP

12 . 3 DEP2.4 DBP

1 J PHN1 J DEP

S.6J BEP12 OOP

U

U

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1 J DCBH2 J 4KP100 BZA7.7 NPL4 J CLA1 J Wt3 ' J DEP3 J NPA1 J DBP

320 J BEP

1 J DCBM2 J 4MP

. . 120 BZA7.7 NPL3 • J CLA1 J MNP4 J DEP1 J DBP1 J BBPr j BEP

PESTICIDES '-Jut/'..)

"

U

U

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0.31 Aldrin0.3 4, 4'- ODDO.I Dieldrin

0.26 Aldrin0.2 4.4'rODD0.2 DUldrin

AR30l»l*l*l

Page 15: =5 ^ '^5 · sample number •wjowjbbabmiesssssssasse m4.00 i -is 1-17-00 1-13-00 's-ol s- 02-00 5. 03-00 s-03-01 s-03-02 $.04-00 s. 06-00 * 3. 06-01 s-07-00 voc* (us/l) 10 j vcl

| SAMPLE :;U«JBER IS-12-02

S-13-00

s-u-oo

TRIP BLANK 1

TRIP BLANK 2

TRIP BLANK 3

TRIP BLANK 4

TRIP BLANK S

TRIP BLANK 6

TRIP BLANK 7

TRIP BLANK 8

TRIP BLANK 10

TRIP BLANK 11TRIP 'SLAWC 12

TRIP BLANK 13

TRIP BLANK 14

TRIP BLANK IS

TRIP BLANK 16

TRIP BLANK 17

TRIP BLANK 18

VCC* -5/L) . |

:a 3.vz: ' T:L: 9 .*32:.: £32: ?j xxv' i XYL

2.1 CBZ

91 3NZ4.7 C3Z5.3 iCCY8.5 XYL

4.1 DCM

3.7 DCM

U

U

U

U

U

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UU

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u.U

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1 J ?HN1 : DC3.V

£ -" »MPi:0 3ZAi . 3 NPLi : CLA1 -* XX?- J DEP1 J .VPAI J DSP1 J 3E?4 . 1 NPL1.7J PAN

1. J DCBN2 J 4.1?22 NPL2 J XNP2 J NPA35 J BEP7.8 J DO?

NA

NA

NA

NA

NA

NA

NA

NA

NA

NA

MA

NA

NA

NA

NA

NA

NA

?ESTICI;ES ^0.27 A!|0.2 4.41..,,0.2 Sieldr

N,

•N/

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NA

NA

NA

.VA

NA

NA

NA

NA

NA

NA

MA

i

Page 16: =5 ^ '^5 · sample number •wjowjbbabmiesssssssasse m4.00 i -is 1-17-00 1-13-00 's-ol s- 02-00 5. 03-00 s-03-01 s-03-02 $.04-00 s. 06-00 * 3. 06-01 s-07-00 voc* (us/l) 10 j vcl

SAMPLE MUHBER

TRIP 3LANK 19

7:11? 3LASX 20

53-01

Page 17: =5 ^ '^5 · sample number •wjowjbbabmiesssssssasse m4.00 i -is 1-17-00 1-13-00 's-ol s- 02-00 5. 03-00 s-03-01 s-03-02 $.04-00 s. 06-00 * 3. 06-01 s-07-00 voc* (us/l) 10 j vcl

TCA - l.l.l-trlchioroechane?CA - 1.1,2,2-TecrachloroechaneOCE - 1.2-Dlchioroechene3C3N - l.4-Dlchlorob«nztr.«rlNP - 2-MechlynaphchaUne2.1? - 2-MechylphenolDM? - 2.i-0iaechylph«nol-M? - 4.MechyIphenolBNZ - Benzene3ZA - Benzole AcidBEP - flis(2-echyihexyl)phchaiaceBBP - Bucyibenzylphchalac*CDS - Carbon Oisulfld*CLA - 4-Chloro«nilin.CBZ - Chlerob«nz*n« .CLF • ChloroforaDBP - Di-n-bueylphchalacaOOP - Di-n-occylphchalac*OBC - Dtbroaochloroa«chaneDCM * DlcchloronechaneDCB - Dtchlorobro«om«ch*n«DE? - Dlechylphchalac*J • E*cia*c*d

EBZ - Eehylb«nzen«MXY - H-Xylon.NDP - N-Nicro«o-Ot-n-propyl*ain*iNPA - N-Niero«odiph«nyl«aincNPL - N*phch«l«n«NA - Noe AnalyzedXYL « Orcho./Para-Xylene'PAN • Pheatnchren*PHN - PhenolTOL - TolueneTCE - TriehloroecheneU - Undececced

VCL - Vinyl Chlortd* '

Page 18: =5 ^ '^5 · sample number •wjowjbbabmiesssssssasse m4.00 i -is 1-17-00 1-13-00 's-ol s- 02-00 5. 03-00 s-03-01 s-03-02 $.04-00 s. 06-00 * 3. 06-01 s-07-00 voc* (us/l) 10 j vcl

TABLE 4

-T

7o•*-*

3i

.» !u. 1i

•J :

ia !U 1

uU

U

U

«•a

a

«<

<

0*<

u> ee_; uia. ft5iV) Z

*k»9k

3

=

3

1O

a

a

«s

'a

a

9

o•aeoa

»S»»

3

ii

Mft

3

OSvOffk

_

a

«

^

a

a

S1(SO

1

5

.-^<•*

a

.-

a

M.»

a

a

S

a

-4•«

a

8«0at•3

Oxfl*M

=

3

3

OOO«N«S«»

a

a

•*

a

a

a

S1•oOBf

/•«r<sa

a

a<

3

OO0

3

a

-««/•»

a

3-

a

iT»O3E03

3ao^

- i

«»

a

=

i«»fva

a

•»•»

(M

a

s

S<«0OBa

33?M

a

3

=

0v^^

3

a

<o

in

a

a

Sp»oat•3

»l>T

= 1

3

3

iO•oOB

3

a

<0p»•-»

3

0.»

a

0

S9*"*

-*

3

3

ao<••>.»

S

a

e•rt

a

a'

a

S«<Ne

3f*«M

"*

a

a

t+

a

a

S

a

a

3

S1

«"to

c99.0

-"

3

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eS(•«.••ft

a•

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v/se

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y

1

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TABLE 5

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WATU ELEVATION DATA-ossiGN INVESTIGATIONH •JKOWN si.TfWv

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Page 25: =5 ^ '^5 · sample number •wjowjbbabmiesssssssasse m4.00 i -is 1-17-00 1-13-00 's-ol s- 02-00 5. 03-00 s-03-01 s-03-02 $.04-00 s. 06-00 * 3. 06-01 s-07-00 voc* (us/l) 10 j vcl

TABLE 7

COST ESTIMATE FOR OPERATION A.ND AUESTENANCE

TOTALSample Collection___j_______2 j RoundSample Analysis __________Cap Maintenance__________1 | Year

~ • • - jContingencies________ 25% | Job

'300.0050.000.00Subtotal

______ 16.200.00ANNUAL OPERATION AND MAINTENANCE COST

S10.000.C*4.SOO.Ot

50.0QO.O<

64.800.(X16.20Q.O(

_ _ _ _ _ _ S 8 1 . Q O O . O CWORTH OF ANNUAL O&M (30 Yean. 10*i 1 S763.587.0C

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TABLE 8

COST ESTIMATE FOR ALTERNATIVE 2

TASK

Conn g and GrubbingFencingMove Abbott Auto SoilRandom fillGeomembnneDrainage NetGtctnmlt18- Select Fill6 TopsnlSeedingMonitoring WtllsGas Monitoring Probes

i Storm Sewer Getting.

* f tM ••*% oM M* J*i AA* i iiinnW T ^

QUANTITY

153.600*,60016,00070,20070.20070,MO35.10011.700

154

4

1

. 25%

UNITAcresL.F.C.Y.C.Y.S.Y.S.Y.S.Y.C.Y.C.Y.AcresE*chP«ph

Job- - - - - - - -

lob

fMTCOST$2,000.00

10.0010.006.064.002.321.516.069.12

765.0010,000.002,100.0035,000.00Subtotal

294.456.25TOTAL CONSTHUCTION COST

Enrinrtrini tn4 DetifBCotHtTTTtiflfl S&A

04M *

6%9%30

JobJobYetn

8I.336.S8132405.31763,587,00

TOTAL PROJECT COST

TOTAL

S30.000.0036,000.0046,000.0096,960.00280,800.00162,164.00110,916.00212,706.00106,704.0011,475.0040,000.008,400.0035,000.00

1,177,825.00294,456.25

1,472,281.2588436.88132405.31763487.00

$2,456,710.44

* (Tool Capital Cost and Present WorUt of Annual O&M)

AR30H53

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TABLE 9

COST 'ESTIMATE FOR ALTERNATIVE 3 ™

TASK

Cleanni and GrubbingFencingMove Abbott Auto SoilRandom Fill24' day6*TopsoilSeedingMoiutonng WtiUGaj Monitoring Probes 'Storm Sewer Cleaning

QUANTITY

153,6004,60033,60046,800

. 11,700154

4

1

Contingencies 25%

UNIT

AcresL.F.C.Y.C.Y.C.Y.C.Y.AcresEachV*ff

Job

Job

UNIT COST

S2.000.0010.0010.006.066.069.12

765.0010,000.002,100.0035.000.00Subtotal

200,200.75TOTAL CONSTRUCTION COST

Prttftn.HMfiv *r*4 r%**tM**w

Coostrucaoo S&A0AM

6%9%30

JobJobYean

60,060.2390,090.34763487.00

| TOTAL PROJECT COST

TOTAL

$30.000.0036.000.0046,000.00203,616.00283,608.00106,704.0011,475.0040,000.008,400.0035,000.00tOO.803.fl200,200.7:*

1,001,003.7560,060.2390,090.34763487.00

$1,914,741.32

* (Total Caniai Cost and Present Worth of Annual O&M)

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TABLE 10

COST ESTIMATE FOR ALTERNATIVE

- =. - VaiuOmul Coet Element (-'tut &>» -'oat Required

DeoouthuBf Buiidtoft

Coojoiidaanf Surface SoilInstall Backfrouad Well* S 10. 000 WoU 4

Sample Collceaoa $ 10.000 Saopiini 4Eveat

Sample Aaaiyna $1.100 Sample 100

Ground-Water CollectionGround* Water TreatzneotSurface Water and Sedimeat CollecaooSolidifieanaa S50 cy* . . 1 10.300Multi<orapoe«at Cap

Fane* $9 UMBV 3530Foot

Total Capital Coet

O&M Coat Baaeat UaHCoet Uaft Recparad

Stmpi* CoQecBCB) S5,000 Sanapiflic 2Ev«

SaopkAnAJrw $300 *••*** 30Cap MaintBBaaoe $200.000 Year 1

Annual O*M CoatPraam Wertk o/ Aneaal Oe\M (30 Year*. 10%)

Sub Tool

nflLoosI3S.OOO(40.000

$40.000

$110.000noa.ooo

$15.000$9.015.000

$31.770

Sabaotat

$10,000

$9,000

$200.000

$219,008

$2.064.513

Total fin ii We(Total Capaaoi Coat md Pneeot Worta of Anaual O*M)

Note* ** CabieYrt

Al-14

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COST ESTIMATE FOR COVER SYSTEM For ALTERATIVE

_____QUANTITYClearing and GrubbingFencing0.25" GecjyntheticClay UnerMove Abbott AutoSOUJSay __

GeomembraneDrainage NetOeotegileJ8" Select Fffl6*TopsoQSeedingMonitoring WetoGas Monitoring ProbesStorm Sewer Purring

O&M

I-.VTT fNTT COST | TOTALS2.00Q.OO S30,QQO.OQ

10.00 36.000.004.00 230,800.00

CY. 10.00 46,000.00

230,800.00162.864.00110,916.00212,706.00,106,704.00*11.475.0040,000.008.400.0035.000.00

__________________________ • Subtotal I U03,46$.OQContingencies | 25*1 Jeh 1 *"--—— ' 375,367.25

______ --— ..w» ***». | I.o7yt336.25EngineeriBf and j 6* I Job I 11-> «/Tiol 112,760.18rv»«.' —

a40.261.587.00

JTOTAI. PROJECT COST*

J69.140.26J63,587.QQ

52,924,823.69

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TABLE 12

CLEANUP LEVELS FOR SOIL <mi/k|)

Tarftt Contaminant (TO

AAtunoayATMBJCBerylliumf^ymnmm

LeadBEHPODDDOTNNDPAPCS*

Isopropeoe*BeuDUtaathrteeBe4Bfiexotajpynaaf*

B«n2D( b)fluorwtfieo*'BeBXD(1c)fluonatheee4

Oryiane*Dibeozf aJiiamhrBceo**

. bdeao(l.2.3<d)pyr»n**

Cleanup Lave* ,

5.00 E-l (ARAR)6.60 E-0 (Bacifrwndl6.00 E-l (Backfrouad) !

3.00 E-r2 (ARAft)3.30 E-l (AKAR) 1

3.30 E-l (ARAR.)t.OOE^O(ARAR)9.00E*t (AAAA)3.30 E- (AJUR)3.30 E* (ARAJl) i3.30 E- <ARAR)3.30 E- (ARAR)3.30 E- (ARAR)3.30 E- (ARAR) i3.30 E- (ARAR) j

Not*«:' The eumot eooeeatntioa -of TC» in eurfooe *otl within the curraBtly active ana of the nte

aoRDai lexc taoa* of TO in wrfaoe eoil ouowle die eunaatly aeave ana appear a* ahaded text. The nak*baaed cooceotnooa and the currant eoneeatnooa outside of the eurrantly feaead area an aot pneeecad for

i do aot poe* a itfnifieaat nak'1.19 E+3" indieat** 1.19 t 10*: 'I.I4E+0* tadieatn 1.14: *1.4« E-P

indieata* 1.46 x 10*4. and *o otvNot dataoad (ND)

; doae net poaa a sifnifleaBt rink, but its current coeceamhea violate* ARAR

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TABLE 13

Antimony •Arsenic 5.0Cadmium 17.9Lead 40*NicJc«l 1*42ass*- '

S.o

H«Ptachlor. 1.0 B-J

5.0

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Responsiveness Summary

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Responsiveness Summary

This Responsiveness Summary has been prepared to meet therequirements of Sections 113 (k) (2) (B) (iv) and 117 (b) of theComprehensive Environmental Response, Compensation and LiabilityAct of 19SO, as amended by the Superfund Amendments andReauthorization Act of 1986 (CERCLA) , which requires the UnitedStates Environmental Protection Agency (EFA) to respond "...toeach of the significant comments, criticisms, and new datasubmitted in written or oral presentations" on a proposed planfor a remedial action. The .Responsiveness Summary addressesconcerns expressed by the public, potentially responsible parties(PRPs) , and governmental bodies in written and oral commentsreceived by EPA and the State regarding the proposed remedy for'the H. Brown Co., Inc. Site (H. Brown Site)-.

A. Overviaw

1. B

The H. Brown site is located in a light industrial area inWalker, Michigan, in south central Michigan. It is locatedapproximately 1/8 mile west of the Grand River, between TurnerAvenue and U.S. Highway 131 (US-131).

The site area includes the current, fenced boundaries of H. Browand an area of known lead contamination outside the fence. Thesite includes Zenith Auto Parts on the north, Turner Auto Partson the south, and is roughly bounded by Turner Avenue on thewest, and US -131 on the east. The site area is approximately ISacres. ,

Before 1961, Herman Brown operated his property in the site areaas an uncontrolled dump. He leased portions of his property tothe City of Grand Rapids, which may have used the leased propertyfor the disposal of municipal waste. Between 1961 andapproximately 1982, H. Brown reclaimed lead from wet-cellbatteries.. During that period, up until 1978, the battery acidwas reportedly drained directly to the ground before shreddingthe batteries. The total volume of battery acid disposed of atthe' site has been estimated between 170,000 and 460,000 gallons.After 1978, battery acid was not drained onto the ground;instead, it was routed to a stainless steel catch pan and tank.Currently, the company stores scrap, nonferrous .metals that aresold to off -site recyclers.

MDNR inspected H. Brown several times during the 1970s. In 1970,MDNR noted acidic waters draining into a ditch that drained intothe Grand River. In 1978, MDNR sampled wastewater ponded at the

/1R30H60

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site and found elevated levels of lead, chromium, copper, andnickel.In the early 1980s, EPA became involved with the site. A siteinspection "in 1984, found elevated levels of chromium and lead,and an acidic pH in a ditch leading from the site to the GrandRiver. Subsequently the site was placed on the NationalPriorities List (NPL) in 1986, making it eligible for furtherstudy and cleanup under the EPA Superfund program. After thepotentially responsible parties (PRPs) failed to reach anagreement with EPA to conduct an investigation of-the site, EPAundertook the study using money from the Superfund. In 1991,under an administrative order from EPA the PRPs constructed afence around the area "to the north of the H. Brown property tominimize contact with the contaminated soil by the public.

Testing during the Remedial Investigation (RI) determined thenature and extent of contamination and found that the batterycracking was a source of contamination in the soil and groundwater.. The Feasibility Study evaluated 10 cleanup alternativesin order to address the areas of concern.

On September 30, 1992, a Record of Decision (ROD) addressing theentire site was signed by the Regional Administrator. Itincluded contaminated surface and subsurface soils, surface waterand sediments, and groundwater. The remedy selected in the RODwas a final remedial action and included the following majorcomponents:

• Demolishing buildings to allow cleanup of contaminated soilbeneath the structures, and disposal of the debris on-siteor in an appropriate off-site landfill.

• Consolidating contaminated surface soil in the area wheresubsurface soil cleanup will be required.

• Solidifying/stabilizing, in place, contaminated surface andsubsurface soil and sediments in a cement-like form.

• Placing a multilayer cap over the solidified/stabilized soil. sufficient to meet the requirements of Michigan's Act 64.

• Surrounding the solidified/stabilized soil with acontainment wall.

• Collecting, treating and discharging to the surface waterall groundwater and surface water associated withconstruction.

• Installing additional wells to further define the conditionof the intermediate and deep aquifers. This informationwill be used to determine what, if any, remediation of those

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aquifers, needs to take place. These wells, along with otherwells at the site, will be used to monitor the effectivenof the remedy.

• Restricting the use of the land and the groundwater.

• Maintaining a fence around the site to prevent access.The need for this ROD Amendment is based upon data obtained fromthe Pre- Design Field Investigation (PDFI), which showed that boththe solidification of the soils and the construction of a slurrywall are not feasible and are not necessary to achieveprotection.

The ROD Amendment requires the implementation of the followingcomponents :• Consolidating contaminated surface soil in the area where

subsurface soil cleanup will be required;

• Placing a Michigan Act 451 Part 115 solid waste multilayercap over all soils exceeding 500 parts per million of lead;

• Long-term monitoring of the shallow and intermediateaquifers to monitor the effectiveness of the remedy.

• Restricting the use of the land and the groundwater.

• Maintaining a fence around the site to prevent access.

2 . Put'1 ic Cog""a>Mt Paxi'od

A public comment period on the proposed plan for the RODAmendment for this Site was held from January 27, 1995 toFebruary 27, 1995. In addition, a public meeting was held onJanuary 31, 1995 at the Walker Community Building, Walker,Michigan. At this meeting, representatives from U.S. EPA and theMDNR answered questions about problems at the Site and theremedial alternatives under consideration. Approximately 50people attended that meeting. Comments and questions from thepublic were also accepted at the meeting. During the commentperiod/ 8PA* received approximately 5 written submit tals ofcomments and 5 oral comments concerning the proposed plan.B . Cmumipitv

The level of public interest regarding this Site has been fairlyminimal since the listing of the Site on the National PrioritiesList (NPL). Most interest in the site was spurred^by the 1992 sis.minimis settlement offer, much of which centered on the fairnessof the. settlement offer, specifically the dollar amount of theoffer. During the public comment period for this ROD Amendment

AR 3 01* 1*6 2

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Proposed Plan most of the comments received supported the need tonge the remedy. Almost all of the commentors favored only

capping the site and eliminating the slurry wall andsolidification, however differences were voiced over what type ofcap to'use.

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Many of the comments below have been paraphrased in order toeffectively summarize them in this document. The reader isreferred to the Administrative Record for this Site, located atthe Kent County Public Library, which contains copies of allwritten comments Submitted to EPA. .The Administrative Recordalso contains a copy of the public meeting transcript.

Comments from the Potentially Responsible Parties

Comment #1:

One group of commentors agreed with most of the Pre-Design FieldInvestigation findings. In particular they agreed that:

1) . The buildings do not require demolition;

2) Solidification will not work due to the extent andheterogenous nature of debris buried on-Site. In additionlead appears to be bound to the soil and thereforesolidification in not necessary;

3) A slurry wall will not work as the clay layer that wouldserve as the base is too thin and irregular;

4) The shallow groundwater does not account for muchgroundwater flow;

5) Organic chemicals detected in the intermediate and deepaquifers did not originate from the H. Brown Site; and,

6) They also agreed that contact with contaminated soilpresents a potential risk to public health.

However, they did not agree that ingestion of groundwater is amajor risk. They stated that the Site may have affected waterquality in the shallow groundwater "aquifer" to a limited extent;however, little movement of groundwater horizontally occurs, andgrgundwater.is not moving between aquifers. They also statedthat the shallow aquifer is not a reasonable water supply sourcefor even a single domestic well. They argued that the term"aquifer" is a misnomer due to the limited groundwater flowindicated by the investigation. Groundwater analysis resultsindicate that lead is bound to soil particles and dissolved leadin groundwater is almost undetectable.

They stated that because the only reasonable risk at the Site isthat associated with direct soil contact, an Act 64 cap is notrequired. Lead does not leach from the soil and therefore thesoil should not be assumed to be a RCRA characteristic hazardous

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waste. . The commeritors stated that they disagree that an Act 64Cap is an applicable or relevant and appropriate requirement.

They stated that the dominating design performance requirement ofthe selected remedy should be prevention of incidental contactwith potentially contaminated soils and not minimization ofsurface water infiltratio|i, which is the primary requirement ofan Act 64 cap. The commentors proposed a combination ofupgrading, and expanding the paved parking areas around theexisting buildings and providing a two foot thick soil cap overunpaved areas. They stated that this would enhance future usepotential by providing more parking and providing a subsurfacethat is less susceptible to damage from erosion and compaction.They also stated that it would be appropriate to control thefuture use of the property and control the installation ofunderground utilities through the use of deed restrictions orother institutional controls.

• Response #2

U.S. EPA believes that Michigan's Act 64 (now referred to as Act451 Part 111) (Part 111) is applicable to the site becausehazardous waste (used lead batteries) were disposed of at thesite after the effective date of the RCRA regulations. Thesebatteries were cracked open on-site and the lead contaminatedcasing subsequently disposed of on-site. However, U.S. EPAagrees that because the waste sits in the groundwater the degreeof impermeability afforded by the Act 451 Part 111 cap is notcost effective and that a cap constructed according to Act 451Part 115 (Part 115) solid waste landfill closure requirementswould provide the same standard of performance as a Part ill capunder these circumstances. We believe that a waiver of Part 111pursuant to Section 121(d)(4)(D) is appropriate. We believe thata Part 115 cap will prevent directicontact with the contaminatedsoil and will also minimize the amount of precipitation coming incontact with the contaminated soil. Because there are soils inthe vadose zone that are characteristic for lead, EPA believesthere is some benefit gained from the cap required under Part 115in that it will limit the amount of precipitation allowed topercolate 'through the waste. This will minimize the potentialfor contaminants to leach from the soil into the groundwater.Thfs cap aldng with land use restrictions will minimize anythreats posed by the site related contamination.

Although groundwater in the shallow aquifer does have minimalflow, it in fact does move off-site and is a potential migrationpathway for contamination off-site, either into the drainageditches, to the intermediate aquifer, or to the Grand River. Onepoint of clarification needs to be made regarding the potentialfor contaminants to flow between the shallow and intermediateaquifers. The Pre-Design Field Investigation found that the datapoints to a predominantly downward potential for groundwater flow

AR30H65

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between the shallow and intermediate aquifers. The opposite hbeen stated in the Proposed Plan. The clay unit would act assemi-confining layer, impeding the flow of the groundwater fron?the shallow to the intermediate aquifer.' During the RemedialInvestigation groundwater elevations were also taken from sitewells during June, August, and October 1989, and November andDecember of 1990. The 1989 data,showed higher elevations in theshallow aquifer than in the intermediate -aquifer'indicating adownward component of flow. The 1990 elevations showed bothupward and downward components of flow. This means that there issome potential for contaminants in the shallow aquifer to migrateinto the intermediate aquifer.

Comment #2One commentor stated that they feel that Alternative #5 is thebest choice for the cost and effects. They also stated that itseems a waste in regards to the monies already spent for legalfees which they had heard to exceed two million dollars, and thecost of the cleanup will be $2.9 million. They asked if there isany way that these preliminary or exploratory legal costs couldbe reduced in order to put more monies to work on the cleanup.

Response #2

The comment regarding Alternative #5 is noted. To date U.S. Ehas spent $2.2 million on the investigation of the site. Thisfigure includes all of the costs associated with the PreliminaAssessment/Site Investigation, the RemedialInvestigation/Feasibility Study and the Pre-Design FieldInvestigation (PDFI). Only a small portion of that dollar amounthas been spent by U.S. EPA on legal activities. The rest hasbeen spent on completing the Remedial Investigation/FeasibilityStudy, Remedial Design and other Investigative efforts.

U.S. EPA is always trying to minimize the costs in cleaning upSuperfund sites. -Recently we have implemented the SuperfundAccelerated Cleanup Model (SACM) at new sites in an effort toeliminate duplication of-efforts in the different phase ofcleanup of a site. It has also been used to minimize the amountof.time the.Agency uses in assessing the site, and moving it on tocleanup*as quickly as possible. One aspect the Agency has takena long look at is minimizing the transaction costs for cleanups.This was a major impetus behind the 1992 de- minimis settlement,in which we tried to limit the amount of attorney involvement bygetting small parties out of the Superfund process as early aspossible. We believe we have been successful in this regard bygetting over 100 parties out of the process before the ROD wassigned.Comment #3

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One commentor, who was a signatory to the 1992 de minimissettlement at the H. Brown Site, asked if he could work out areduced payment based upon his ability to pay.

Response #3 . "

In the past U.S. EPA has reduced settlement payments based uponan ability to pay argument. As part of the 1992 settlementseveral parties fell into this category. U.S. EPA is currentlyworking with the commentor to determine if they meet therequirements for a reduced payment.

Comment #4

One commentor stated that Alternative #1 is the best and mostpractical approach be'cause it has no cost. He also stated thatthe $10,000 he paid in the rf<> minimig settlement should bereturned because most of the parties did not settle and thereforethe settlement is discriminatory against those that did settle.He stated that those who did settle, settled out of fear andintimidation, not guilt.

Response #4

U.S. EPA disagrees with the comment. Based upon the results ofour investigations this site poses an unacceptable risk to humanhealth and the environment and some action is necessary tocontrol or eliminate potential exposures to the site relatedcontaminants. The No Action alternative would not meet any ofthe nine criteria established for evaluating alternatives atSuperfund sites. Most importantly it would not be overallprotective of human health and the environment, nor would it meetthe applicable or relevant and appropriate requirements,therefore eliminating it from consideration as a viablealternative. . .

U.S. EPA cannot return the $10,000 that was paid in settlement ofthe party's liabilities associated with the site. When thesettlement was signed by both the commentor and the U.S. EPA,both were aware of the risks attached with the settlement.Because the settlement was pre-ROD, there was considerableuncertainty associated with the cost of the remedy. The settlorswere made aware that the cost of the remedy could be less thanthat anticipated in the Proposed Plan estimates. There was alsothe risk that the cost could be higher than anticipated. Theserisks should have been taken into consideration prior to signingthe -agreement. .

The 1992 settlement is not discriminatory against those thatsigned. Those parties that did settle with the U.S. EPA haveresolved all of their liability associated with the H. Brownsite. They will continue to be afforded a covenant not to sue

8 *

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implement the remedy or fa J Pursu«d by U.S.are "

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Comments from the Community

Comment #5One commentor stated that U.S. EPA has blown this whole thing butof proportion. No one wants their children, or anyone else, tobe contaminated by lead, but we have stated in our report thatlead is not migrating in the groundwater, and the groundwater hasnot been contaminated.

Response #5U.S. EPA disagrees with the comment. Based upon our RiskAssessment this site poses an unacceptable risk to human healthand the environment; both from direct contact with soils, andingestion of groundwater. Although sampling has shown that leadis probably not moving in the groundwater, the groundwater on-site is contaminated with high levels of lead, other metals, andorganic chemicals and if consumed would pose a risk to a person'shealth. The groundwater sampling method used in the Pre-DesignField Investigation was used to determine if. there was a mobileform of lead in the groundwater. When determining risksassociated with consumption of groundwater the sampling methodused in the Remedial Investigation is more appropriate, becauseit uses high flow pumping better approximating conditions in adrinking water well.

Lead levels in the soil far exceed any acceptable standard.Levels as high as 650,0.00 parts per million of lead were detectedin the soil. In addition, as evidence to the severity of theproblem several workers on-site had to be removed due to elevatedblood-lead levels, probably due to* incidental ingestion orinhalation of contaminated dust.

Even without considering lead in the risk analysis, the site'shazard index .(HI), which is a measure of the non-carcinogenic•risk posed by the site, far exceed the acceptable standard of1.0. The HI for direct .contact with soil by current or futureon-site workers was 24.9. The HI for ingestion of groundwater byfuture on-site workers was 3.86. The highest carcinogenic riskposed at the site was direct contact with SOT!S by off-siteworkers at 3xlO"3, which means a person has a,3 in one millionchance of developing cancer as a result of site-related exposureto a carcinogen over a 45 year period. This is outside U.S.EPA's acceptable risk range of IxlO"4 to 1x10**.

Comment #6

One commentor asked why men, working on-site, were wearing shortsand short sleeves, no goggles, and no hard hats if the site was asuspected contaminated area. These workers were there to drill

10

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wells.

Response #6

When performing any work at a Superfund site, all workers arerequired by Occupational Safety and Health Agency (OSHA) tofollow strict guidelines which are laid put in a Site Health andSafety Plan (HASP). These requirements include specific types ofsafety equipment, including protective clothing, which are to beworn while drilling wells in a contaminated area. To ourknowledge all workers at the H. Brown Site, performing work forthe U.S. EPA, have followed the HASP, and were wearing theappropriate protective clothing. No information supporting thecomment has been presented to this Agency.

Comment #7

One commentor asked why a concrete cap couldn't be placed overthe Act 64 cap to allow for some light industrial use of theproperty, and therefore, keeping the property in the tax base.The party suggested using a pump and treat system to contain thegroundwater.

Response #7

The H. Brown Site, is located over an old municipal landfill.These types of site conditions are susceptible to differentialsettlement of site soils due to the presence of waste materialsof differing load bearing properties. . The weight of a concretecap over a clay cap wouj.d magnify the risk of differential • .settlement occurring and would increase the risk of the capfailing. This would result in precipitation being allowed toseep through the cracks in the cap and come into contact with thecontaminated waste. The long-term effectiveness of the remedywould therefore be questionable, and the costs for the operationand maintenance of the cap would be greatly increased.In addition the cost of installing a pump and treat system tocontrol the hydraulic gradient at the site would not be cost-effective. A treatment system was costed out in the 1992Feasibility .Study at $1.2 million. This cost'did not includelong-term pumping and disposal to maintain the hydraulicgradients over the life of the remedy. This would significantlyincrease the cost of the remedy. U.S. EPA believes that aMichigan Act 45 Part 115 (Michigan Act 641) clay cap will be themost cost effective, protective remedy.Comment #8

One commentor, from the Michigan Department of Public healthsuggested that if any one has any questions concerning healthissues relating to the site, they could meet with him.

11

/1R30H70

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They also stated, in reference to individuals working on-sitewithout proper protective clothing, that they would be puttingthemselves at risk from exposure to lead contaminated dust. Hementioned that as part of the site Health Assessment two of threeworkers at the H. Brown site who were tested for lead hadelevated levels of lead in their blood, and one of them requiredmedical treatment to lower the levels. . ..

Response #8

Comment noted.Comment #9

Several people questioned why, as part of the Health Assessment,only H. Brown workers were tested, and not at adjacentfacilities. If they weren't thought to be at risk, then why isthe site being capped; contaminated dust, must not be a problem.

Response #9

When the Health Assessment was performed, only people working atthe H. Brown facility property were considered at risk, andtherefore, workers on the adjacent properties were not tested.The H. Brown workers were in daily, close contact with leadcontaminated soils and materials and were considered a high riskfor elevated blood lead levels. This was based upon the limitedsite information available at the time. Since that time U.S. EPAhas been able to more completely define the area of contaminationand has found site-related contaminants on the adjacentproperties. The Risk Assessment determined that the site posedan unacceptable risk to adjacent site workers from direct contactwith the contaminated soils. The calculated Hazard Index was13.9, where an acceptable; Hazard Index is 1.0. A Hazard Indexprovides a -reference point for gauging the potential significanceof multiple contaminant exposure within a .single medium, oracross media. A carcinogenic risk of 2.75 x 10"3 was also -calculated for the adjacent site workers. This is outside theAcceptable risk range of 1 x 10"* to 1 x 10**. Although theseanalyses did not take into consideration exposure to lead it isevident that the site does then pose a threat to adjacentproperties and containment of the contaminated soils is necessaryto prevent any future exposures. ~

Since the January 31, 1995 public meeting the MichiganDepartment of Public Health arranged through the Kent CountyHealth Department to set up a clinic specifically for H. BrownSite area workers to have their blood tested for lead. Thisclinic was held on Friday, February 10, 1995, between 1 and 4p.m. at the Women and Infant Counter of the Kent County HealthDepartment. Representatives from the adjacent businesses werenotified of the clinic, however, no one attended.

12

AJ?30H7I

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Comment #9 . .

One commentor stated that this seerneg- ike a waste of taxpayers rdollars. He said that you could proBably throw road gravel overit and blacktop it and it would serve the.same purpose. Youwould also be allowing a business to operate there and bring intax dollars. Yet, U.S. EPA wants to dig it up and .cause morecontamination. He suggested contacting the Governor because ofthe wasting of money.

Response #9

U.S. EPA disagrees with the comment. The selected remedy is themost cost effective remedy for the site. Placing gravel, orblacktop, over the contaminated soils would allow precipitationto percolate through the contaminating soils, leaving open thepotential for contaminants to leach into the groundwater and moveoff-site. The selected remedy employs a low permeability capminimizing the amount Of water coming in contact with thecontaminated soils along with the potential for contaminants tomigrate off-site.

It is not clear what the commentor meant when they said that U.S.EPA is going to dig the waste up and make more contamination.Only soil'outside of the H. Brown property boundaries will beexcavated and consolidated on-site. No soil will be transportedoff-site, or to areas on-site where contaminants don't alreadylie.

U.S. EPA has no objection to having businesses operating on thesite so long.as they do*not interfere with the remedy. As partof the selected remedy the buildings currently existing on-sitewill remain standing, allowing for the operation' of some type ofbusiness on the property. U.S. EPA has also had discussions withthe City of. Walker about the possibility of operating arecreational facility on the property. U.S. EPA will continue towork with the City and any other parties to develop viablealternatives for the future use of the property.Comment #10

One commentor questioned the payments paid by those partiesparticipating in the 1992 de minimia settlement. They wonderedwhat happens with those people and the money they paid.Response tip '

When the settlement was signed by the private parties and theU.S. EPA/ both were aware of the risks attached with thesettlement. Because the settlement was pre-ROD, there wasconsiderable uncertainty associated with the cost of the remedy.The settlors were made aware that the cost of the remedy could be

13

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U.S. EPA ADMINISTRATIVE RECORDREMEDIAL ACTION

H. BROWN SUPERFUND SITEWALKER. MICHIGAN

UPDATE *301/25/95

SCCI JATE SfJTHCR - RECIPIENT nTltsxs »st miss tmssHS t»t*«ixrszixxsxi

1 00 :/'.•" iasi'lai't E. Jsur-Jl ir'.iciis Tl>wci; Chanqii :a ClaOut to Froit Action and ^tir Eff«ct on

g Structarw

2 O.'OC/'i u.3. £"* Public Quick Ri<tnn:i Fac*. Shttt: 6uidi toPrt-ROD and Psst-TOB Ch«nqt«

?. 01.00;': LtPiinti, C. and- Syipoiiu* Pipvrt Frtizi/Tha« Effictl on th«him, ^. Hydraulic Conductivity of Co«pactH Clan

(T'irffportation Mtiarch Icard, 7l$t AnnualItitinlj)

* 06/r6/'2 U.3, EPA U.S. EP« »diiniitrati»t IfeordJ -Original 104[4 Velum] (Availahlt for fttvin at U.S. EPA

. Rtoion !)

S 07/01/12 U.S. EPA U.S. EPA Niiniitntivt KKoHt Uptltt II 1719(3 Velum] (Aviilitlt for Xnin at U.S. EPARtqioit S)

6 O-J/IB/': 'J.3. EPA U.S. EPA Noiniitrativt RicoNt Ui itt 12 4J4(1 VoiuM] (AvtiUktt for Rtviw at U.S. EPARtfion 5)

T 00/04/91 Othian, (!., tt al. .Journal ' Articlii laboratory Totting to 28Evaluatt Chaftft* in Hydrwlit Cotductivitr o'Cotpactrt Clar* Cansttf by Frtttf Tha«« Stattof tht Art (ASTB STF 1142J

3 09/00/7! U.S. Any CorpYvf U.S. EPA Fiild SaiBlino, Plan for Pri Dnign Fitld SIEnqinnrs ln»«ti|itiom, Final

? JN/wm U.S. Arty Corot of U.S. EPA Quality Attvranct Projtct Plan MEnftnttri

15 W/:i/f5 U.S. Arty Corps of U.S. EPA Sitt Sa'ity and Htalth Plan 314Enqinnrt

11 01-T3/9* ?i»:t. D., U.S. Arty Prindivilli, T., Litttr ru Prt-0t«ign Fiild Invntijation 2":-pi 3f ttqiniirj U.S. EPA

i: i:.;Ov.-'4 ;.!. >tT Corpj of U.S. EPA ?ri-0niqn Fiild hvtitijation ^»?ort, Finil «!2£f,.;:r«ir»

13 ::fo:/«4 l&r*, '., U.S. P'trliviili. T., Littir Porsirdi-'? Attacf-id Sur^ici C»p and 9iriy CsrjJ 3f U.S. ErA CUf I*r':» Ha'.lfill E»llu*tlor and thf

""" 'itroliui (iETI) teitwination Ev«luitio«

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;i.'M/.5 . U.S. EM

OI/04/»J a.|.,tl>il *,4:/11| v t

4«t«-int * 'sc-r-

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U.S. EPA-ADMiN'ISTRATI ve RECORDREMEDIAL ACTION

H. BROWN SUPERFUND SITEWALKER, MICHIGAN

UPDATE »405/11/99

xx mi »»«»«« xx»t»x»»» tssixsixxxxxixsts

: ;:'::.*! Sent:*"*. r.. *vt '/.S. -?A •J»nd»n».ttn Public ::tttnt Shut' -t: "fitSittiry Shop 'roccud Ilitnup ?Un

2 ?!/::/*! Q * •> Rtporting, U.S. EPA Transcript} January :i. 1995 U.S. EPA *ub!isIsc. ' -Htari.ig

S 0:.-}7;I<!5 Souloozi, I., Srand U.S. t?A ffandwrittin Public Caotwit shttt 't» tht '• Rapids Rctidtnt ' Propciid CItanyp Plan •/Attachtd Esctrpt '*•:

January 10. :9«S U.S. EPA Firit 0«lin«utnt•lotici Litttr

4 «.;ll/*3 »t»rct*itid, J., U.S. EPA Hand»ritttn i Public. CoMtnt Sht«t rt« tnt;:rtUni Iran ( 9rgposid Cltanup Plan

l. Inc.

5 ::/::/«! 3«»atr. E., U.S. EPA -»urdy, J. Ltttir fortarding AttachH Copiti of (1)Ftbruary H, 19f3 U.S. EPA Lttttr Stnt to AllPartiti that Siantd Up to tnt Ot Ninian «OCj(2) U.S. EPA i Sigiutort Paot to tntAqrtfttnt; and (3) Mr. Purdy'i Signaturt Pi?»to tht Aqritttnt

s *2/22/*! Berit, 3.. XOPH Addrmtn Thrn Ltttirt n: IDPH'i Rtfpontff to Conetrn*Raiitd at tht January ;if 1999 Public (tottingAbout Ltid E»B««ri and tni Opport»nity »e bt

, T«it»d for Hoed utad Ltvtlii

? ::/:r'?5 VanJIorian, A., Otattr, E.. U.S. CPA Utttr rti CRA'i CoMtntf on tht January 1995Cofltstsga-Rovtrt I ' U.S. EPA fact Shttt and tht Final Prt OnionAu3c:itti Fitld Invtttiqation Rtport •/Attaehtd t*f

Srpup Hnbtrthip Lift

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U.S. EPA ADMINISTRATIVE RECORDH. BROWN SUPERFUND SITE

UPDATE 03SAMPLING DATA INDEX

01/25/93

OQCI OAT£ AUTHOR «CI?!EJ»T TITLE /:£::•» I '*::,«**** taxi tm*x»i ********* *****************

i 12;:)/?* U.S. irjT Carol of U.S. EPA Ctrtificd Laboratory 5»psrtj for Siiglis 48?>£r;:reir$ Ojttfl Oct::ir 6, is<>'- Ncvetbir 14, :??:

2 02/CV94 U.S. Arty Corps of U.S. EPA Ctrtifitd Laboratory Rtporti for Sup!n a23Engifitirs ' Cattd Hovttfitr 9, 199J - Oicitttr 21, i9"T

: 02/04/94 U.S. Arty Corps of U.S. EPA Ctrtifitd Laboratory Rtports for Satplts 62Enginttn Oattd NovMbtr 10 - 13, 1993 (Addfflfiua)

4 02/22/94 U.S. Arty Corps of U.S. EPA Ctrtifitd Laboratory Rtporti for Satplts 43cnginnn • Oattd OtCMbtr'21, 1993 (Addtndua)

3 02/21/94 U.S. Arty Corps of U.S. EPA Additional Satpling 9ata • '23Enginttrs

i 03/02/94 U.S. Arty Corps of U.S. EPA Additional Satpling Data . 23Enginttrs

7 03/11/94 Ptttrson, S., U.S. Prntfinllt, T., Lttttr Forwarding Ctrtifitt* LaboratoryArty Corps of' U.S. EPA Rtports Frot Otcttbtr 10, 1993-flarcn 2, 1994Enginttrs

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less than that anticipated in the Proposed Plan estimates. Therewas also the risk that the cost could be higher than anticipated.This has happened in a large number of instances. These risksshould have been taken into consideration prior to signing theagreement.

I

Those parties that did settle with the U.S. EPA have resolved allof their liability associated with the H. Brown site. They willcontinue to be,afforded a covenant not to sue from the Governmentand protection against third party law suits. Those who chosenot to settle could still be pursued by U.S. EPA to eitherimplement' the remedy or to pay the cost of the cleanup. Inaddition they are still vulnerable to third party law suitsseeking their share of the cleanup costs. In the end thesettlors may still avoid lengthy and expensive litigation.

14

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Administrative Record index

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1-9S Edliton) --:::—:-. .'Protection Agency . . . . . ' §264.250concur r • J subsoils can be practica- ance. with a management plan for

, ...., bly removed at closure. w aillfc. that Is approved by the Re-.niinize (2) The cost estimates calculated gional Administrator pursuant to the

ax coven under §§264,142 and 264.144 for closure standards set out in this paragraph,^ and sub- and post-closure care of an impound- and in accord wiih:all other applicableintegrity is • rxent subject to this paragraph must requirement , of this part. "The factors

••;•. . : include the cost of complying with the to be considered are: •- . ',>'»';ss than or - . . ;cr.:ineent.elo'sure plan and she -concir.- i;l) The v.oi-ome,1 physical, aaci chemi-of any bot- ' .. . jent post-closure plan, but are not re- cai characteristics of she wastes, in-iral /.subsoils quired to include the cost of expected eluding their- potential 'to- migrate

'••-.••••.'.'•:-•:• . closure under paragraph (a/(l; of this •. , jup ough soil or to' -volatilize or escapess or ,con- - . section. , z. ,into-the atmosphere: , '

:* ?*• 32357. July 26. 1982. as amended' a; 50 - ; 2) The -acyenuative properties of un-?R 28748. July 15. 1985: 57 FR 3488. Jan. 29. derlying and surrpunding soils or other

' . ' • • • • - . . - . - -'• - - - ...'materials: , -.,,-.. . -;';. ,,::;5264JZ29 Special equir nents for

the post- "V Stable STrcactivfe waste, .) effectiveness of additional

be placed in a surface impoundment, eatment. design;, or monitoring tech- .-unless the waiste and impoundment sat- niaues : - . , , - > ' • •• : . . - •rS,411 10 6 re<»uireme s ;of '40 :(b) he Regional Administrator may^ \ .:C-f\lSft-26? ' f ; ,V * "-'I S oetermine -that additional design, oper-i ed oSeS? e%a '

&ec264.17{b) is complied with; human health and the environ-' ' " ' " ' " ' ' " ' ' ' ' '

.he ground- • ;0r . ... „.. -.- . - , ...nd'comply (b) Thfe i waste is managed in such a [50 F?l,2004 ! Jan. .14. 1985J . ,luirements . .. ; way', that -It is -protected, from' any 'ina- ''•^•••',r-ti''.''::.'' : ' -<•'"'

terial or conditions which may cause it §??'M&S2.,Air emission standarda. ,: ,' « toigniteorreact;or " ; - T - :^ ^ owner or bperatPr shall manageI aging tne (C) The surface impoundment is used ., all hazardous waste placed in a surfaceLtor Bians to solely for emergencies. .. v „ impoundment in accordance with the

W7 PR 32357. Jily 26. 1982. as amended at 55 requirements of subpart CC of this• FR 22685, June 1.1990] ; ; part. : : > , ,.

~ - - ' • ' - ' • " • • • • • ' - - '. . . . . . . . , . . . . . . .uC does not ' J264JZ30 Special requirement* for in- CS9 FR 62926. pec. ,6. 1994] :uirements.pf compatible wastes. ; EFFSCTIVB! DAT NOTE: Ac 59 PR 62926, Dec.P?Jf°m Incompatible wastes, or incompatible 6..1994. $264.232 was added. At 60 PR 26828.

i § 264,221(b), wastes materialSt ("see appendix V May ,19- 995 effective dace was delayed' ' of this part for examples) must not be to DeceSfber 6. 1995. -

- Placed in the same surface impound- -- , , .....-.„elude both ment, unless §264.17(b) is complied Subparf L—WostG Pilesparagraph , ( with. . . • •. ' . ; •.contingent ' ' ; , - . ••" SOUKCTB: 47 PR 32359. July 26. 1982. unless-paragraph . § 264.231 -Special requirements for haz- otherwise noted.lot all con- ardous wastes FO20, FO21, FO22,practicably FO23, FO26, and FO27. § 264 J250 Applicability ,

(a) Hazardous wastes FO20, FO21, (a) The regulations in this subpartmust pre- FO22, FO23, PO26, and PO27 must not_ apply to owners and operators of facili->si're plan e placed m a surface impoundment ties that store or treat hazardous waste

• unless the owner or operator operates in piles, except as §264.1 provides other-f j tne surface impoundment in accord- wise. ;j ? i ' , ' - - - . ' - - • ' . • • . ' . 'i j 249 •

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§264.251 40 CFR Ch. I <7-1r95 Edfflp-(b) The regulations in this subpart do vent failure of the liner due to settL

not apply to owners or operators of ment, compression, or uplift; and.-waste piles that are closed with ; wastes (iii) Installed to cover all surround-left in place. Such waste piles are sub- ing- earth likely: to be in contact withject to regulation under subpart N of the waste or leachate; and . '/ .

. this part (Landfills). -. ; (2) A leachate collection and removal(c) The , owner or operator of -any system immediately -above . the liner

waste pile that is inside or tinder a, that is designed, constructed, main-structure that provides '-protection trained, and operated to collect and re*from precipitation so that neither run- move leachate from the pile, The; Re-off nor eachate is generated is not sub- gional , Administrator will' specify, de-ject :,to regulation under §264.251 or sign and operating:,. conditions: In the, ,

•• undgr subpart F of this part, provided permit .to ensure that ,tihe leac&ate';that: ^ i s , - - ; ' v ; i r : - depth over the liner does nojfc exceed, 30> (1) Liquids or 'materials i containing cm (one foot). Tiie leachate col,jEree liquids are not placed in the pile; i and removal system it ust be: .,, (2j The pile isr protected 'from surface '' " ;i)< tr cf of maters that arater run-on -by the .structure or In (A) CliemicaJJyresistent to the waste,some other nxannen '• > •-•'• .'• •'•<•*• -• •••' :•• managed in the pile and the leachateC(3) The pile is designed :and Operated e Sf J ^ fd &&'

dispersal of the waste ; by - (»> ,9f ;s cfent,,strengt c

,«?tttrpu« fecomp ltlon .or. other re- l ie to tune-..accions. f . ,. , .: . , . ; . tion 0 ^ clogging through

,......,.-»..-.. ,. "••'vA': •'''•••" ~"!. "-.•":' •:'(,••-'•''''-'••' .''empted from the requirements of paraf (a) A waste pile (except for an exist- graph (a) of this ..section, if the Re-ing; portion.of.a waste pile) must have: gional Administrator finds,abased.b.n a;> W :A, liner that, is designed, con- demonstration by'the owner * or opera-structed, and-. nstalled tO;J)re ent any tor,'that Mterna,te design and operatf-:migration of wastes out Of the"pileinto, ing practices, .together with location.the adjacent subsurface soil or ground' characteristics, will prevent the imigra-. wafer or surface water at any time dur- tion of any hazardous constituents (seeing the.active life (including the do- §264.93)'into the ground water or sur-sure period) of the waste pile. The liner face water at any future time. In decid-may toe constructed, of materials that ing whether to grant an exemption, themay allow waste to migrate into the Regional Administrator will consider:liner itself (but not into the adjacent (i) The nature and quantity of thesubsurface soil or ground water or sur- -wastes;.face water) during the active life of the (2) The proposed alternate design andfacility. The liner must be: . operation; -(i) Constructed of materials that (3) The hydrogeologic setting "of the

have appropriate .chemical properties facility, including attenuative capacityand sufficient strength and thickness and thickness of the liners and soils\to prevent failure due to pressure gra- present between the pile and grounddients (includingjsfii lc head and exter- water or surface water; andnal hydrogeologic forces), physical con- • (4) All other factors which would in-tact with the: waste or leachate to fluence the quality and mobility .of the

.. which they are exposed, climatic condi- leachate produced and the potential fortions, the stress of installation, and it to migrate to ground, water or sur-tne stress of daily operation; face water.(ii) Placed upon a foundation or base (c) The owner or operator of each i

capable of providing support to the waste pile unit on which construct!* ,liner and resistance to pressure gra- commences after January 29.1992, eac.dients above and below the liner to pre- lateral .expansion of a waste pile unit

250 fti 301*1*80

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Edition) Environmental Protection Agency §264.251on which construction commences hazardous conscituents at the earliestafter July 29, 1992. and each replace- practicable time through all areas of

u^ound- ment of an existing waste pile unit the top liner likely to be exposed toict with tnat *s Co commence reuse after July waste or leachace during the accive life

29, 1992 must install two or more liners and post-closure care period. Tie re-j removal an<* a leachate collection and removal quirements for a leak detection systemle liner system above and between such liners, in this paragraph are satisfied by in-

u.* main- '"Construction "commences" is as de- stallation of a system that is, at a min-:t'and re- fined in §260.10 under "existing facil- imam:Tne Re- ity". ' U) Constructed with a bottom slopecify *de- dXi) The liner system must include: of one percent or more;

is in the --" -^ toP -iner designed and con- .(ii) Constructed of granular drainageleachate structed of materials (e.g., a materials with a hydraulic conducciv-\ceed 30 • ?eomembrane) to prevent the migra- ity of 1x10 -- cm/sec or more and allection tion of hazardous constituents into thickness of 12 inches (30.5 cm) or

such liner during the active life and more; or constructed of synthetic orrhat are: post-closure care period; and geonet drainage materials with ae waste ^ A composite bottom liner, con- transmissivity of 3xiO~s m2/sec orJeachate sisting of at least^twp components. The more:

. upper component must, be designed and '(iii) Constructed of materials thati thick- constructed of materials (e.g., a are chemically resistant to the wastehe pres- geomembrane) to prevent the migra- managed in the waste pile and the

• wastes, cion °f hazardous constituents into leachate expected to be generated, andby any tn*s component during the active life of sufficient strength and thickness to

and post-closure care period. The lower prevent collapse under the pressures,o func- component must be designed and con- exerted by overlying- wastes, waste

)uga the structed of materials to minimize the cover materials, and equipment used atmigration of hazardous constituents if the waste pile;a breach in the upper component were (iv) Designed and operated to mini-to occur. The lower component must be mize clogging- during the active life

tne j e. constructed of at least 3 feet (91 cm) of and post-closure care period; and-~,ed on a compacted soil material with a hydrau- (v) Constructed with sumps and liq-

- opera- lie conductivity of no more than lxlQ~7 uid removal methods (e.g., pumps) ofu. opera t- cm/sec. sufficient size to collect and remove^location (") ^h® Uners must comply with liquids from the sump and prevent liq-• , migra- paragraphs (a)(lXi), (ii). and (iii) of this ' uids from backing up into the drainagents (see section. layer. Each unit must have its own

ir or sur- &) The leachate collection and removal sump(s). The design of each sump andIn decid- system immediately above the top liner removal system must provide a methodion, the must be designed, constructed, oper-. for measuring and recording the vol-isid'er: ated, and maintained to collect and re- ume of liquids present in the sump and

;y of the move leachate from the waste pile dur- of liquids removed.ing the active life and post-closure care (4) The owner or operator shall col-

•,ign and period. The Regional Administrator lect and remove pumpable liquids inwill specify design and operating condi- the leak detection system sumps to

ng of the tions in the permit to ensure that the minimize the head on the bottom liner.1 apacity leachate depth over the liner does not (5) The owner or operator of a leakid soils exceed 30 cm (one foot). The leachate _ detection system that is not located

a ground collection and removal system must completely above the seasonal highcomply with paragraphs (c)(3)(iii) and ; water table must demonstrate that the

• Duld in- (iv) °f tn*s section. operation of the leak detection system• 7 of the (3) The leachate collection and removal will not be adversely affected by theential'for system between the liners, and imme- presence of ground water.»r or sur- diately above the bottom composite (d) The Regional Administrator may

liner in the case of multiple leachate approve alternative design or operating«yf collection and removal systems, is also practices to those specified in para-

n a leak detection system. This leak detec- graph (c) of this section if the owner orIi tion system must be capable of detect- operator demonstrates to the Regional,

Lie unit *ng. collecting, and removing leaks of Administrator that such design and op-

• 251

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§264.252 40 CFR Ch. ! (7-1-95 Edition)erating practices, together with loca- § 264.252 Action leakage rate.ti?£ cj acterist*c*- . ^ , fa'fThe Regional Administrator shall(1) Will prevent the migration of any a ^ action leak t f 3Ur.hazardous constituent into the ground face impOundment units subject towater or surface water at least as effec- %2e4J251( or (d). The action leaka etively as the liners and leachate collec- ^ is the ^ ^ design flow tion and removal systems specified in that the leak detection system (LDS)paragraph (c) of this section; and- can remove wichout the nuid head Qn(2) Will allow detection of leaks of tne bottom liner exceeding 1 foot. The

hazardous constituents through the top action leakage rate must include anliner at least as effectively. adequate safety margin to allow for un-(e) Paragraph (c) of this section does certainties in the design (e.g.. slope,

not apply to monofills that are granted hydraulic conductivity, thickness ofa waiver by the Regional Adminis- drainage material), construction, oper-trator in accordance with §264.221(e). ation, and location of the LDS, waste(f) The owner or operator of any re- and leachate characteristics, likeli-

placement waste pile unit is exempt hood and amounts of other sources offrom paragraph (c) of this section if: liquids in the LDS, and proposed re-(1) The existing unit was constructed sponse actions (e.g., the action leakage

in compliance with the design stand- rate must consider decreases in theards of section 3004(o)(l)(A)(i) and (o)(5) flow capacity of the system over timeof the Resource Conservation and Re- resulting from siltation and clogging,covery Act; and rib layover and creep of synthetic com-(2) There is no reason to believe that ponents of the system, overburden

the liner is not functioning as de- pressures, etc.).signed. (b) To determine if the action lea'k-(g) The owner or operator must de- a?e rate has been exceeded, the owner

sign, construct, operate, and maintain °r operator must convert the weekly)a run-on control system capable of pre- flow rate from the monitoring data ob-venting flow onto the active portion of tained under §264.254(c), to an averagethe pile during peak discharge from at daily flow rate (gallons per acre perleast a 25-year storm. day) for each sump. Unless the Re-(h) The owner or operator must de- gional Administrator approves a dif-

sign, construct; operate, and maintain ferent calculation, the average dailya run-off management system to col- '• n°w race for eacn sumP must be caj-lect and control at least the water vol- culated weekly during the active lifeume resulting from a 24-hour, 25-year and closure period.storm- [57 FR 3489, Jan. 29. 1992](i) Collection and holding facilities

(e.g., tanks or basins) associated with §264.253 Response actions.

expeditiously after storms to maintaindesign capacity of the system. plan^fore receipt of waste. The re-(j) If the pile contains any particu- sponse action plan must set fortn tlie

late matter which may be subject to actions to be taken if the action leak-wind dispersal, the owner or operator a(?e rate has been exceeded. At a mini-must cover or otherwise manage the mum> the resp0nse action plan mustpne tocontrol wind dispersal. describe the actions specified in para-(k) The Regional Administrator will graph (b) of this section.

specify in the permit all design and op- (b) u the now rate into the leak de_erating practices that are necessary to tection system exceeds the action leak-ensure that the requirements of this age rate for any sumpi the owner or op-section are satisfied. erator must:[47 FR 32359, July 26, 1982, as amended at 50 (D Notify the Regional Adminis-FR 4514. Jan. 31, 1985; 57 FR 3488, Jan. 29, trator in writing of the exceedanct1992] within 7 days of the determination;

252 AR30H82

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Edition) Environmental Protection Agency § 264.256- 1 . .->, .» - • . - - — - . -i (2) Submit a preliminary written as- and imperfections (e.g., holes, cracks,

sessment to the Regional Adminis- ..thin spots, or foreign materials). Im-trator within 14 days of the determina- mediately after construction or instal-tion, as to the amount of liquids, likely lation: '

*-- to sources of liquids, possible location. (i) Synthetic liners and covers mustjakage size, and cause of any leaks, and short- tie inspected to ensure tight seams and

.ow rate ^ . term actions taken and planned; joints and the absence of tears, punc-~ (LDS) r. , (3) Determine to the extent prac- tures, or blisters; andJad °n , cicable the location, size, and cause of ) Soil-based and admixed liners and

.,«t. The • any leak; covers must be inspected for imperfec-lude an • (4) Determine whether waste receipt tions including lenses, cracks, chan-i :or un- should cease or be curtailed, whether nelS( rooc noles> or oclier structural• sioP6' . any waste should be removed from the non-uniformities that may cause an in-:ness of unit for inspection, repairs, or con- crease in che permeability of the liner>n, oper- trols, and whether or not the unit or COVer: waste should be closed; •likeli- - (5) Determine any other short-term l

detect evidence of any of the. (6) Within 30 days after the **„ „*.«»«,- ... _ . . ,. ...

tion that the action leakage rate has (1) Deterioration, malfunctions, or-er time ~! been exceeded, submit to the Regional oper operation of run-on and run-- ^ -* Administrator the results of the analy- off control systems;• -com- *1 ses specified in paragraphs (b) (3). (4), «) Proper functioning of wind disper-•rourden - a d (5) of this section, the results of ac- sal control systems, where present; and

tions taken, and actions planned. &) The presence of leachate in andMonthly thereafter, as long as the flow proper functioning of leachate collec-rate in the leak detection system ex- tion and removal systems, where'ceeds the action leakage rate, the present.owner or operator must submit to the (c) An owner or operator required toRegional Administrator a report sum- have a leak detection system under

; marizing the results of any remedial §264.251(c) must record the amount ofth Re " i actions taken and actions planned. liquids removed from each leak detec-

~ ' (c) To make the leak and/or remedi- tion system sump at least once eachation determinations in paragraphs (b) week during the active life and closure

De cal_ (3), (4), and (5) of this section, the period.rive life °Tv>?f<i°f cl f f ^ «*• n ^ „ * [47 FR 32359. July 26. 1982. as amended at 50(l)(i) Assess the source of liquids and FR 45Hi Jan_ 31> 1985; M FR 28748i July 15>

amounts of liquids by source, 1985; 57 FR 3489. Jan. 29.1992](ii) Conduct a fingerprint, hazardous .

constituent, or other analyses of the §264.255 [Reserved]liquids in the leak detection system to .

waste " I identify the source of liquids and pos- §264.256 Special requirements for ig-3) or (d) sible location of a-sy leaks, and the nitable or reactive waste.e xction ' hazard and mobility of the liquid; and ignitable or reactive waste must not' ie re- (iii) Assess tne seriousness of any oe piaced in a waste pile unless the

ih the . leaks in terms of Potential for escaping waste and waste pile satisfy all appli-leak- " into the environment: or cable requirements of 40 CFR part 268,mini_ • (2) Document why such assessments and:must • i are not needed- (a) The waste is treated, rendered, or

in para- " j [57 FR 3489, Jan. 29.1992] mixed before or immediately afteri placement in the pile so that:

1 tk de- * §264.254 Monitoring and inspection. (1) The resulting waste, mixture, orc_ leak- " ; (a) During construction or installa- dissolution of material no longer meets>r or op- ' tion, liners (except in the case of exist- the definition of ignitable or reactive

* ing portions • of piles exempt from waste under §261.21 or §261.23 of this«~ , §264.251(a)) and cover systems (e.g., chapter; and

» membranes, sheets, or coatings) must (2) Section 264.17(b) is complied with;:ff be inspected for uniformity, damage, or

253

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§ 264.257 40 CFR Ch. I (7- 1 -95 Edition)i.b) The waste is managed in such a ance with §264.250(c) or §264.251(b),

way that it is protected from any ma- must:terial or conditions which may cause it (i) Include in the closure plan for theto ignite or react. pile under §264.112 both a plan for com-

ing with paragraph (b) of this section§264.257 Special requirements for in- in case not a11 contaminated subsoils

compatible wastes. can be practicably removed at closure;

pendix V of this part for examples) _„_„_„ _t, ,Xi( >must not be placed in the same pile. m, ™ui ana, •.-?/£>.-„« _ ,- j ™-fci. not all contaminated subsoils canunless §264.170)) is complied with practicably removed at closure.

(b) A pile- of hazardous waste that *s (2) cost estimates calculatedincompatible with any waste or other r §§264.142 and 264.144 for closurematerial stored nearby in containers, and J>tat lomre care of a pile subjectother piles, open tanks, or surface im- to cMs pa,- ^ must inciude the costpoundments must be separated from Qf complyin? with tne contingent clo-the other materials or protected from sure lan d the contingent post-do-them by means of a dike, berm. wali, or sure plan> but not required to In.other aevace. clu-de the cost of expected closureCO Hazardous waste must not be under paragraph (a) of this section.

piled on the same base where incom-patible wastes or materials were pre- § 264.259 Special requirements for haz-viously -piled, unless the base has been ardous wastes FO20, FO21, FO22,decontaminated sufficiently to ensure FO23, FO26, and FO27.compliance with §264.i7(b). (a) Hazardous Wastes FO20. FO21,„„.. „»«, ,, ^ , FO22, FO23, FO26, and FO27 must not§264.258 Closure and post-closure be placed in waste pileg that SLre notcare' enclosed (as defined in §264.250(0) un-

(a) At closure, the owner or operator less the owner or operator operates themust remove or decontaminate all waste pile in accordance with a man-waste residues, contaminated contain- agement plan for these wastes that isment system components (liners, etc.), approved by the Regional Adminis-contaminated subsoils, and structures trator pursuant to the standards setand equipment contaminated with out in this paragraph, and in accordwaste and leachate, and manage them with all other applicable requirementsas hazardous waste unless §261.3(d) of of this part. The factors to be consid-this chapter applies. ered are:(b) If, after removing or decon- (1) The volume, physical, and chemi-

taminating all residues and making all cal characteristics of the wastes, in-reasonable efforts to effect removal or eluding their potential to migratedecontamination of contaminated com- through soil or to volatilize or escapeponents, subsoils, structures, and into the atmosphere;equipment as required in paragraph (a) (2) The attenuative properties of un-of this section, the owner or operator derlying and surrounding soils or otherfinds that not all contaminated sub- materials;soils can be practicably removed or de- ' (3) The mobilizing properties of othercontaminated, he must close the facil- materials co-disposed with theseity and perform post-closure care in ac- wastes; andcordance with the closure and post-clo- (4) The effectiveness of additionalsure care requirements that apply to treatment, design, or monitoring tech-landfills (§264.310). , niques.(c)(l) The owner or operator of a (b) The Regional Administrator may

waste pile that does not comply with determine that additional design, oper-the liner requirements of §264.251(a)(l) ating, and monitoring requirementsand is not exempt from them in accord- are necessary for piles managing haz-

i254 I

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§265.230 40 CFRCh. 1(7-1-95 Edition)

terial or conditions which may cause it or otherwise manage the pile so thatto ignite or react; and wind dispersal is controlled.(2) Maintain and monitor the leak de-

tection system in accordance with §265.252 Waste analysis.§§265.221(c)(2)(iv) and (3) of this chapter ^ addition to the waste analvses TP

solely for emergencies. waste fche owner Qr operator places in[50 FR 16048. Apr. 23. 1985, as amended at 55 piles, so that mixing of incompatibleF992122685' JUne X> 199°: 5? ** 3*93' Jan" a* waste does not inadvertently occur.1 ^ . . The analysis must include a visual§ 265:230 Special requirements for in- comparison of color and texture.

compatible wastes. [Comment: As required by §265.13. she wasteIncompatible wastes or incompatible analysis plan must include analyses needed

wastes and materials, (see appendix V ^ com^y with §§263.256 and 265.257. AS re-

§ 265.231 Air emission standards. § 265.253 Containment.The owner or operator shall manage If leachate or run-off from a pile is a

all hazardous waste placed in a surface hazardous waste, then either:impoundment in accordance with the (a)(l) The pile must be placed on anrequirements of subpart CC of this impermeable base that is compatiblepart. . with the waste under the conditions of

- [59 FR 62935, Dec. 6, 1994] • treatment or storage;U .- : (2) The owner or operator must de-U EFFECTIVE DATE NOTE: At 59 FR 62935. Dec. si?n construct, operate, and maintain

6M . '£ftJZ££-£. 15E- * ™-on control system capable of *-f\ Tk<*v>A*ntiA*» c iooc vGdtinsr tiow onto til6 3.Cuiv0 portion oiDecemr 6 the pile during peak discharge from at

Subpart L-Waste Piles (3) owner or operator must de.§265.250 Applicability. sign' construct, operate, and maintain

a run-off management system to col-The regulations in this subpart apply iect and control at least the water vol-

to owners and operators of facilities mne resulting from a 24-hour, 25-yearthat treat or store hazardous waste in storm- andpiles, except as §265.1 provides other- (4) collection and holding facilitieswise. Alternatively, a pile of hazardous (egt j^ or basins) associated withwaste may be managed as a landfill ^.^ and run.off control systemsunder subpart N. must be emptied or otherwise managed

expeditiously to maintain design ca-§ 265.251 Protection from wind. pacity of the system; orThe owner or operator of a pile con- (b)(l) The pile must be protected

taining hazardous waste which could be from precipitation and run-on by somesubject to dispersal by wind must cover other means; and

410

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5 Edition) -'. Environmental Protection Agency § 265.257

f lazardousr places innompatible: ,y occur.s a visual;ure.

she wasceses needed

55.257. As re-peracor musti i she oper-

so that - . '2.' No liquids or wastes containing bottom liner exceeding 1 foot. The ac-I ' free liquids may be placed in the pile. tion leakage rate must include an ade-

_ __ ' ' TC 11 f«* i« *,„.„„,.' *, ~tt- •« quate safety margin to allow for uncer-' iSS& SS a lS trS cTwlSS talntles in the design (e.g.. slope, hy-

Treo<:ra ' ;j -he United States, it is subject to the re- draulic' conductivity, thickness ofy&e& re- . .-airerr.ents of section 402 of the Clean Water drainage material), construction, oper-operator < I/'" "as amended.]. ation. and location of the LDS, waste

45 FR 33232. May 19. 1980, as amended at 47 and leachate characteristics, likeli-hood and amounts of other sources of

:e to any r . . - - liquids in ;he LDS, and proposed re-y wastes • ,265.254 Design and operating re- sponse actions (e.g., the action leakageare ame- • quirements. rate must consider decreases in the' The owner or operator of each new flow capacity of the system over time

' *aste pile on which construction com- resulting from siltation and clogging., rr.er.ces after January 29, 1992. each lat- nb layover and creep of synthetic com-

dSferen * sral expansion of a waste pile unit on P°nents of the • system, overburdenwhich construction commences after pressures, etc.).July 29, 1992. and each such replace- (°) To determine if the action leak-nient of an existing waste pile unit a?e race nas been exceeded, the ownerthat is to commence reuse after July or operator must convert the weekly29, 1992 must install two or more liners flow race from the monitoring data ob-and a leachate collection and removal tained under §265.260. to an averagesystem above and between such liners, dailv flow raCe (grallons per acre perand operate the leachate collection and day> for each sump. Unless the Re-rsmoval systems, in accordance with £i°nal Administrator approves a dif-§264.251(0. unless exempted under ferent calculation, the average daily§264.251(d), (e), or (f), of this chapter: flow rate for eacil sump must be cai-aad must comply with the procedures culated weekly during the active lifeof §265.221(0). ".Construction com- and closure period.mences" is as defined in §260.10 of this j-3- FR3493. Jan. 29. 1992]chapter under "existing facility".[57 FR 3493. Jan. 29 1992] § 265.256 Special requirements for ig-

nitable or reactive waste.§265.255 Action leakage rates. (a.) Ignitable or reactive waste must(a) The owner or operator of waste not be placed in a pile unless the waste

->ile is a

aced on antmpatibleiitions of I pile units subject to §265.254 must sub- and pile satisfy all applicable require-

] mit a proposed action leakage rate to .ments of 40 CFR part 268, and:- must de- , < the Regional Administrator when sub- (D Addition of the waste to an exist-i maintain / rnitting the notice required under ing pile (i) results in the waste or mix-L-jle of pre- 3 §265.254. Within 60 days of receipt of ture no longer meeting the definitions portion of \ che notification, the Regional Adminis- of ignitable or reactive waste under: 3 from at 1 trator will: Establish an action leakage §261.21 or §261.23 of this • chapter, and

( rate, either as proposed by the owner (ii) complies with §265.17(b); orr must de- / or operator or modified using the cri- (2) The waste is managed in such ai maintain > teria in this section; or extend the re- way that it is protected from any ma-. n to col- v view period for up to 30 days. If no ac- terial or conditions which may cause itrater vol- f cion is taken by the Regional Adminis- to ignite or react.

ur, 25-year t crator before the original 60 or ex- r., „ „,,„., „ „ ,„„ , ,\ '-ended 90 day review periods, the ac- g| afSie * u»S'i " " °°

: facilities I tion leakage rate will be approved as " '; ted with \ proposed by the owner or operator.il systems I (b) The Regional Administrator shall §265.257 Special requirements for in-i managed 1 approve an action leakage rate for sur- compatible wastes.ssign ca- ' face impoundment units subject to (a) Incompatible wastes, or incom-

§265.254. The action leakage rate is the patible wastes and materials, (see ap-protected maximum design flow rate that the pendix V for examples) must not be

: by some / leak detection system (LDS) can re- placed in the same pile, unless| move without the fluid head on the §265.17(b) is complied with.

j 411

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§265.258 40 CFR Ch. f (7- 1-95 Edition)

(.b) A pile of liazirdcus ".vasts that is plan must describe cl e iocionj ip<=ci-incompatible with any waste or other fied in paragraph 'b) of this section.material stored nearby in other con- (b) If the flow rate into the leak de-tainers, piles, open tanks, or surface termination system exceeds the actionimpoundments must be separated from leakage rate for any sump, che ownerthe other materials, or protected from or ooerator must-them by means of a dike, berm, wall, or (1)' Nocify cne Regional Adminis-other device. trator in writing of the exceedenceComment: The purpose of :his :s *:o prevent within 7 days of die determinate-:::

fires, explosions., gaseous emissions, leach- (2) Submit a preliminary written as-ln«r. or other discharge of hazardous waste or sessrnent to the Regional' Admials-

pacible wastes or materials.] tlon- as "° ;lie amount of liquids, likelysources of liquids, possible location,

(c) Hazardous waste must not be size, and cause of any leaks, and short-piled on the same area where mcom- cerm accions k and lanned:patible wastes or materials were pre- ,,. ~ .._ . _ ... ... f;•compliance with §265.17(b). any(4) Determine whether waste receipts§265.258 Closure and post-closure should cease or be curtailed, whether

care. ' any waste should be removed from thera) At closure, the owner or operator ^ for Inspection, repairs, or con-

must remove or decontaminate all trols and whether or not the unitwaste residues, contaminated contain- should be closed;ment system components (liners, etc.). <5> Determine any other short-termcontaminated subsoils, and structures and longer-term actions co be taken toand equipmens contaminated with mitigate or stop any leaks: andwaste and leachate, and manage them (6) Within 30 days after the notifica-as hazardous waste unless §261.3(d) of tion that the action leakage rate hasthis chapter applies: or been exceeded, submit to the Regional(b) If. after removing or decon- Administrator the results of the analy-

taminating all residues and making all ses specified in paragraphs tb;(3), (4),reasonable efforts to effect removal or and (5) of this section, the results of ac-decontamination of contaminated com- tions taken, and actions planned.ponents, subsoils, structures, and Monthly thereafter, as long as the flowequipment as required in paragraph (a) rate in che leak detection system ex--of -this section, the owner or operator ceeds the action leakage rate, thefinds that not all contaminated sub- owner or operator must submit to thesoils can be practicably removed or de- Regional Administrator a report sum-contaminated, he must close the facil- mariZing the results of any remediality and perform post-closure care in ac- , actions taken and actions planned.cordance with the closure and post-do- ( To make che leak and/or remedi-rm6, 611 taPPl7t° ation determinations in paragraphsfills (§265.310). • _ (b;(3)_ (4)_ and (5; Qf chis section< the[47 FR 32368, July 26, 1982] . owner or operator must:

(l)(i). Assess the source of liquids and§265.259 Response actions. amounts of liquids by source. '(a) The owner or operator of waste <"> Conduct a fingerprint, hazardous

pile units subject to §265.254 must sub- constituent, or other analyses of themit a response action plan to the Re- liquids in the leak detection system togional Administrator when submitting identify the source of liquids and pos-the proposed action leakage rate under sible location of any leaks, and the§265.255. The response action plan must hazard and mobility of the liquid; andset forth the actions to be taken if the (iii) Assess the seriousness of anyaction leakage rate has been exceeded, leaks in terms of potential for escapingAt a minimum, the response action into the environment; or

412

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-1-95 Edition) Environmental Protection Agency §265.276tions speci- . (2) Document why such assessments ject to wind dispersal, the owner or

:.=• «ection. . are not needed. erator must manage the unit to

5 s theea£tion ' [5T FR 3494< Jan" *•1992] Wlnd dispersah: ,,, the owner §265J260 Monitoring and inspection. S ™;, :%•»% £*™f \%aC «

A »» .su UO* ' ***,/ ***J, j.wOiw. wU » *U *DV O. _* £*i . *•»>(

1 A.dminis ' ^ owner or operator required to 1985]Aami - ^ have a leak det;ect;ion system under• ineSon° • ' 5:65-254 mUSC ;eCOrd thue a;nOU:lt: of liq- S 265.273 Waste analysis.^inauioii, , . 2 rem0ved from each leak detectionry written as- ( system sump at least once each week ^ addition to the waste analyses re-d Adminis- luring the active life and closure quired by §265.13. before placing a haz-; determina- period. ardous waste in or on a land treatment

liquids, likely ;__ facility, the owner or operator must:-ible location, 10, rR 3494. Jan. 29.1992] (a) Determine the concentrations in

extent prac-> ind cause of

waste receiptsailed, whetheri red from the

Subpart M-Land Treatment ualw?r exceed the265.270 Applicability. centrations contained in Table 1 of

maximum con-

The regulations in this subpart apply §261'24 °f this °hafer °aus%ownera and operators of hazardous waste to exhibit the Toxicityto

waste land treatment facilities, exceptas §265.1 provides otherwise.

Characteristic:(b) For any waste listed in part 261.

-~ I • subpart D. of this chapter, determine; irs, or con- . , §265.271 [Reserved] the concentrations of'any substancesnot the unit , which caused the waste to be listed as

• _ §265.272 General operating require- a hazardous waste-and: r short-term ments. . • ,c) If food chain crops are grown, de-.j be taJcen to .a) Hazardous waste must not be cermine the concentrations in thjss; and placed in or on a land treatment facil- waste of each of the following constit.' the notifica- ity unless the waste can be made less ents: arsenic, cadmium, lead, and me?i -e rate has hazardous or nonhazardous by degrada- unless tne owner or cperator ha^o ..te Regional tion, transformation or immobiliza- wric£eat documented data that show:S 5?,£naX~ £?? prOCeSS6S occurnn in or on the that the constituent is not present.L is t,b)(3), (4), . -soil.i results of ac- "- \ (b) The owner or operator must de- [Comment: Part 261 of this chapter specifies;ions planned. , sign, construct, operate, and maintain the substances for which a. waste is listed aspr-g as the flow , • a run-on control system capable of pre- * hazardous waste. As required by 5-65.13.i a system ex-:_je rate, the.submit to thereport sum-

f iny remedialis planned.and-or remedi-

. paragraphssection, the . " '•*•• ~j~~ r storm. 3S2R:5 •''74—2RS T fR«»«<»-rvi»r}l' d) Collection and holding ?or.ii-Moc ss^oo.-*-* oo.-<o ineserveai

e of liquids and „.'-n-on and run-off control systemsmust be emptied or otherwise managed (a) An owner or operator of a hazard-

Hint, nazaraous ercpeditiously after storms to maintain ous waste land treatment facility on

venting flow onto the active portions tile va-ste analysis plan must include analy-of the facility during peak discharge ses needed =° comply with 5§ 265.281 andfrom at least a 25-year storm. 265-282.- As re^uired _ V&-™- f °wner °<O The owner or operator must de- °Perau0r niust Placs ,ne resulto ™ eac"

si?n, construct, operate, and maintain Soti. n o'irSi.Vre rToTshe fJcSuTy*]a run-oif management system capableof collecting and controlling a water & ra S3232- May 19- 198°- amended ac 55voiurne at least equivalent to a 24- 7R :1376- Mar- 29- :S9°-

inalyses of thec .on system to ,. 'e- if the treatment zone contains grown, or iave teen grown and will be" U S and the ^articulate matter which may be sub- ?rcwn in the future, must notify thethe liquid; andc sness of any; _ 1 for escapingr

-*J.i Ul

e.g., tanks or basins) associated with 26S.o76 Food chain cro—n-on and run-off control systems

-5£i?n capacity of the system. which food chain crops are being

413

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25 § 265.229 ENVIRONMENTAL RESOURCES Pt. I

§ 265.229. Special requirements for ignTtaote or reactive wastes.Ignitable or reactive waste may not be placed in a surface impound-

ment, unless:(1) The waste is treated, rendered or mixed before or immediately

after placement in the impoundment so that the resulting waste, mixtureor dissolution of material no longer meets the definition of ignitable or

• reactive waste, and § 265.17(b) (relating to general requirements forignitable, reactive or incompatable wastes), is complied with.(2) The surface impoundment is used solely for emergencies after

approval by the Department.

§ 265.230. Special requirements for incompatible wastes.Incompatible wastes, or incompatible wastes and materials—Chapter

264, Appendix D (relating to examples of potentially incompatiblewaste)—may not be placed in the same surface impoundment, unless§ 265.l7(b) (relating to general requirements for ignitable, reactive andincompatable wastes), is complied with.

Subchapter L. WASTE PILES

Sec. • .265.250. Applicability.265.251. Protection from wind.265.252. Waste analysis.265.253. Containment.265.256. Special requirements for ignitable or reactive wastes.265.257. Special requirements for incompatible wastes.265.258. Closure and postclosure care.

Cross References

This subchapter cited in 25 Pa. Code § 265.15. (relating to general inspection andconstruction inspection requirements); 25 Pa. Code § 265.73 (relating to operating record):25 Pa. Code § 265.110 (relating to applicability); 25 Pa. Code § 265.111 (relating to closureperformance standard); 25 Pa. Code § 265.112 (relating to closure plan; amendment ofplan); 25 Pa. Code § 266.22 (relating to standards applicable to storage facilities); 25Pa. Code § 266.24 (relating to use constituting disposal; standards applicable to users); 25Pa. Code § 266.34 (relating to standards applicable to marketers of hazardous waste fuel):and 25 Pa. Code § 266.35 (relating to standards applicable to burners of hazardous wastefuel).

265-72(176462) NO. 222 May 93 Copyright

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Ch. 265 INTERIM STATUS STANDARDS 25 § 265.250

§ 265.250. Applicability.This subchapte7"applies to owners and operators of facilities that treat

or store hazardous waste in piles except as otherwise provided in § 265.1(relating to scope). A pile of hazardous waste shall be managed as alandfill under Subchapter N (relating to landfills), if the pile is used as adisposal facility.

§ 265.251. Protection from wind.The owner or operator of a pile containing hazardous waste which

could be subject to dispersal by wind shall cover or otherwise manage thepile so that wind dispersal is controlled.

§ 265.252. Waste analysis.(a) The owner or operator shall analyze a representative sample of

waste from each incoming shipment before adding the waste to an existingpile, unless:

(1) The only wastes the facility receives are amenable to piling andare compatible with each other.(2) The waste received is compatible with the waste in the pile to

which it is to be added.»

(b) 'The analysis conducted shall be capable of differentiating betweenthe types of hazardous waste the owner or operator places in piles, so thatmixing of incompatible waste does not inadvertently occur. The analysisshall include a visual comparison of color and texture.

§ 265.253. Containment.(a) If leachate or runoff from 'a pile is a hazardous waste, then either:(1) The facility owner or operator shall do the following:(i) Place the pile on an impermeable base that is compatible with

the waste under the conditions of treatment or storage.(ii) Design, construct, operate and maintain a run-on control

system capable of preventing flow onto the active portion of the pileduring peak discharge from at least a 25-year storm.

(iii) Design, construct, operate and maintain a runoff managementsystem to collect and control at least the water volume resulting froma 24-hour, 25-year storm.

(iv) Ensure that collection and holding facilities, such as tanks orbasins, associated with run-on and runoff control systems shall beemptied or otherwise managed expeditiously to maintain designcapacity of the system.(2) The pile shall be protected from precipitation and run-on by

some other means.

(176463) No. 222 May 93

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25 § 265.256 ENVIRONMENTAL RESOURCES Pt. I

(3) Liquids or wastes containing free liquids may not be placed inthe pile.(b) The date for compliance with subsection (a)(l) and (2) is 12

months after the effective date of these regulations or earlier date asspecified by the Department.

§ 265.256. Special requirements for ignitable or reactive wastes.Ignitable or reactive waste may not be placed in a pile, unless:(1) Addition of the waste to an existing pile results in the waste or

mixture no longer meeting the definition of ignitable or reactive waste,and complies with § 265.17(b) (relating to general requirements forignitable, reactive and incompatable wastes).(2) The waste is managed in such a way that it is protected from any

material or conditions whic.h may cause it to ignite or react.

§ 265.257. Special requirements for incompatible wastes.(a) Incompatible wastes and materials—Chapter 264, Appendix D

(relating to examples of potentially incompatible waste)—may not beplaced in the same pile, unless § 265.17(b) (relating to general require-ments for ignitable, reactive or incompatable wastes), is complied with.(b) A pile of hazardous waste that is incompatible with any waste or

other material stored nearby in other containers, piles, open tanks orsurface impoundments shall be separated from the other materials, orprotected from them by means of a dike, berm, wall or other device.(c) Hazardous waste may not be piled on the same area where

incompatible wastes or materials were previously piled, unless the area hasbeen decontaminated sufficiently to ensure compliance with § 265.17(b).

§ 265.258. Closure and postclosure care.At closure, the owner or operator shall remove or decontaminate waste

residues, contaminated containment system components—for exampleliners, contaminated subsoils and structures and equipment contaminatedwith waste and leachate—and manage them as hazardous waste, unless§ 261.3(d) (relating to definition of hazardous waste), applies. If afterremoving or decontaminating residues and making reasonable efforts toeffect removal or decontamination of contaminated components, subsoils,structures and equipment as required, the owner or operator finds thatnot all contaminated subsoils can be practicably removed or decontami-nated, he shall close the facility and perform postclosure care inaccordance with the closure and postclosure requirements that apply tolandfills in Subchapter N (relating to landfills).

265-74(176464) No. 222 May 93 Copyright © 1993 Commonwealth of .Pennsylvania

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Ch. 264 NEW AND EXISTING FACILITIES 25 § 264.250

Authority^The provisions of this § 264.231 amended under the act of July 28, 1988 (P. L. 556, No.

101) (53 P. S. §§ 4000.101—4000.1904); the act of October 18, 1988 (P. L. 756, No. 108)(35 P. S. §§ 6020.101—6020.1305); the act of June 22, 1937 (P. L. 1987, No. 394) (35 P. S.§§ 691.1—691.1001); the act of April 9, 1982 (P. L. 314, No. 89) (58 P. S. §§ 471—480);section 5 of the act of January 8, 1960 (P. L. 2119, No. 787) (35 P. S. § 4005); and section1920-A of the act of April 9, 1929 (P. L. 177, No. 175) (71 P. S. § 510-20).

SourceThe provisions of this § 264.231 amended January 15, 1993, effective January 16, 1993,

23 Pa.B. 363; corrected January 22, 1993, effective January 16, 1993, 23 Pa.B. 462.Immediately preceding text appears at serial page (145587).

Subchapter L. WASTE PILES

Sec.264.250. Applicability.264.251. Design and operating requirements—general.264.252. Design and operating requirements—liner system.264.253. Design and operating requirements—certification.264.254. Monitoring and inspection.264.255. Emergency repairs; contingency plans.264.256. Special requirements for ignitable or reactive wastes.264.257. Special requirements for incompatible wastes.264.258. Closure and postclosure care.

Cross ReferencesThis subchapter cited in 25 Pa. Code § 264.1 (relating to scope); 25 Pa. Code § 264.15

(relating to general inspection and construction inspection requirements); 25 Pa. Code§ 264.73 (relating to operating record); 25 Pa. Code § 264.110 (relating to applicability); 25Pa. Code § 264.111 (relating to closure performance standard); 25 Pa. Code § 264.112(relating to closure plan; amendment of plan); 25 Pa. Code § 264.118 (relating topostclosure plan; amendment of plan); 25 Pa. Code § 265.442 (relating to Part B applicationrequirements); 25 Pa. Code § 266.22 (relating to standards applicable to storage facilities);25 pa. Code § 266.24 (relating to use constituting disposal; standards applicable to users); 25Pa. Code § 266.34 (relating to standards applicable to marketers of hazardous waste fuel);25 Pa. Code § 266.35 (relating to standards applicfRe to burners of hazardous waste fuel);25 Pa. Code § 266.70 (relating to permit-by-rule); 25 Pa. Code § 266.80 (relating toapplicability and requirements); 25 Pa. Code § 266.90 (relating to applicability andrequirements); and 25 Pa. Code § 266.101 (relating to compliance requirements).

§ 264.250. Applicability.(a) This subchapter applies to an owner or operator of a facility that

stores or treats hazardous waste in piles except under § 264.1 (relating toscope). A waste pile used as a disposal facility is a landfill and shall meetthe requirements of Subchapter N (relating to landfills).

264-91(176321) No. 222 May 93

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25 § 264.250 ENVIRONMENTAL RESOURCES Pt. I

(b) A waste pile shall be designed to prevent discharge into the land, (surface water or groundwater during the life of the pile.(c) An owner or operator of a waste pile complying with paragraph (1)

is not subject to the groundwater requirements of Subchapter F (relatingto groundwater monitoring), or the liner and collection and treatmentrequirements of § 264.252(a) (relating to design and operating require- /ments—liner system). An owner or operator of a waste pile complying Iwith paragraph (2) or (3) is not subject to the groundwater requirementsof Subchapter F.

(1) The waste pile is inside or under a completely enclosed structurethat provides protection from precipitation so that neither runoff norleachate is generated.

(i) A liquid or material containing free liquids is not placed in thepile. ,

(ii) The pile is designed and operated to control dispersal of thewaste by wind, where necessary, by means other than wetting.

(iii) The pile will not generate leachate through decomposition orother reactions.

(iv) The waste is underlain by an impermeable membrane ofsufficient strength and thickness to prevent failure due to the stress ofinstallation, puncture, cracking, tearing or other physical damage (from equipment used to place the waste in or on the pile, or toremove the waste from the pile, or to clean the membrane. Themembrane shall be compatible and nonreactive with the waste to beplaced on it.(v) The pile is protected from surface water runon by the structure

or in another manner.(2) The waste pile is underlain by a liner system composed of two

liners and conditions of § 264.252(a) are complied with.(3) The waste in the pile is removed periodically and the liner is

inspected for deterioration, cracks or other conditions that may result inleaks. The frequency of inspection shall be specified in the inspectionschedule under § 264.15 (relating to general-inspection and constructioninspection requirements), and shall be based on the potential for theliner base to crack or otherwise deteriorate under the conditions ofoperation such as waste type, rainfall, loading rates, subsurface stabilityand conditions of § 264.252(a) are complied with.

Cross ReferencesThis section cited in 25 Pa. Code § 264.90 (relating to applicability); 25 Pa. Code

§ 264.252 (relating to design and operating requirements—liner system); and 25 Pa. Code ,§ 264.255 (relating to emergency repairs; contingency plans). {

264-92(176322) No. 222 May 93 Copyright © 1993 Commonvtalth of Pennsylvania

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Ch. 264 NEW AND EXISTING FACILITIES 25 § 264.251

§ 264.251. Design and operating requirements—general.(a) Surface water runoff from active areas of the permitted site shall

be collected. It shall then be managed as a hazardous waste unless it hasbeen determined not to be a hazardous waste. Necessary measures andstructures shall be designed to handle water quantities based on 24-hourrainfall in inches to be expected once in 25 years. Supporting calculationsshall be provided.(b) The conveyance system and storage system for conveying and

storing the leachate from the leachate and runoff collection system shallmeet as a minimum the following design standards:

(1) The minimum storage capacity for leachate shall be 25,000gallons per acre of the waste pile.(2) The minimum storage capacity for runoff shall be based on 24

hour rainfall in inches expected once in 25 years per acre of the wastepile.(3) The storage tanks or surface impoundments shall meet the

applicable requirements of this section for tanks, and surface impound-ments.(4) The piping system conveying the leachate or runoff from the

waste pile to the collection point (tank or surface impoundment) shallbe: sized for the anticipated leachate and runoff flow, chemicallycompatible with the leachate, of sufficient strength to withstandanticipated loads, equipped with cleanouts where necessary or asrequired by the Department and sealed to prevent loss of leachate.(5) The liner collection pipe and the conveyance pipe -shall be

connected so that leachate is directed into the conveyance pipe.(c) Design of a treatment facility to receive the leachate and runoff

from storage, if the facility is needed or required in writing' by theDepartment, shall be submitted to the Department for written approvalprior to issuance of a permit. The treatment facility shall be constructedprior to the acceptance of hazardous waste at the facility.(d) The design flow rate for the treatment facility shall be a minimum

of 15,000 gallons per day for an acre of active portion. The designstandards for the treatment facilities shall meet the requirements ofChapter 265, Subchapter Q (relating to chemical, physical and biologicaltreatment).(e) The treatment facility shall be compatible with and capable of

treating the waste constituents expected to be present in the leachate andrunoff and the anticipated volumes of waste.

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25 § 264.251 ENVIRONMENTAL RESOURCES Pt. I

(f) Run-on shall be diverted away from the site, with the necessary {measures and structures designed to handle water quantities based on the24-hour rainfall in inches expected once in 100 years and supported bycalculations. . . .. . ;(g) A collection and holding facility—such as a tank or basin—

associated with run-on and runoff control systems shall be emptied or •otherwise managed expeditiously after storms to maintain design capacityof the system.

(h) The best engineering construction practices shall be employed^during construction.

(i) Quality control measures and tests shall be specified and .employedto ensure that construction conforms to design, materials and constructionspecifications.(j) Weighing or measuring facilities, if necessary or when required by

the Department, shall be provided for weighing all hazardous wastes> brought to the TSD facility, except for captive facilities that handleliquids or flowable wastes—less than 2007o solids—which are amenable toaccurate flow measurements, or captive facilities that possess other wasteinventory controls—volume controls. All weighing facilities shall becapable of weighing the maximum anticipated load plus the weight of thetransport vehicle. The precision of weighing devices shall be -certified by

• the Department of Agriculture.(k) For offsite facilities or onsite facilities receiving waste from offsite

sources, hours of operations for the site shall be prominently displayed ona sign at the entrance. The lettering shall be a minimum of 4 inches inheight and of a color contrasting with its background.(1) Access roads shall be paved or surfaced with materials such as

asphalt or concrete or other materials approved in writing by theDepartment. Access roads shall be suitable for use in all types of weatherby loaded transport vehicles and emergency vehicles and equipment. Theseroads shall have a base capable of withstanding anticipated load limits.The minimum cartway width for two-way traffic shall be 22 feet; forone-way traffic, separate roads with a minimum, cartway width of 12 feetshall be provided; or if the hazardous waste management facility is acaptive facility or a noncommercial offsite facility and the access is

• restricted to company personnel with minimal traffic volume, then theminimum cartway width for two-way traffic shall be 12 feet, if the entirelength of the roadway is visible to the driver or passing points areprovided at appropriate intervals so as to not impede access. Themaximum sustained grade may not exceed 12%.

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Ch. 264 NEW AND EXISTING FACILITIES 25 § 264.251

(m) Unless otherwise approved in writing by the Department, a bufferzone of a minimum of 50 feet shall be maintained between the propertyline and the permitted facility, within which a solid waste treatment,storage or disposal activity may not occur.(n) Surface water management measures on the site shall, as a

minimum, be in conformance with Chapter 102 (relating to erosion' control). More stringent design standards may be required in writing bythe Department based on the best engineering practices and methodsoutlined in Engineering Field Manual for Conservation Practices, pub-lished by USDA-SCS.(o) The site shall be designed and operated in -a manner which prevents

or minimizes surface water percolation into the hazardous waste deposits.(p) Vector, odor and noise control procedures shall be employed when

necessary or when required in writing by the .Department to prevent healthhazards or nuisances. The applicant shall submit a vector, odor and noisecontrol (VONC) plan for approval by the Department.(q) Equipment provided for operation of the facility shall be main-

tained in operable condition, and of adequate capacity and performancecapability to ensure that the facility operation will not be interruptedduring normal working periods and that operation of the facility is inaccordance with this chapter, Chapters 260—263, 265 and 270.(r) Standby equipment shall be onsite or readily available for use in

the event of major equipment breakdown.(s) Unloading areas shall be specified and shall permit vehicles to

unload promptly.(t) Provisions shall be made to prevent dust from hampering site

operations or from causing health pr safety hazards or nuisances.(u) The site shall be operated so that the tracking of waste within and

outside the site by equipment and machinery is eliminated or minimized.(v) The Department will specify or reference in the permit, design and

operating practices which the Department deems necessary'to ensure thatthe requirements of this subsection are satisfied. The Department mayalso require a permittee to take measures, whether or not specified orreferenced in the permit, reasonable or necessary to ensure compliancewith the act and this article or necessary to protect public health andenvironment.

AuthorityThe provisions of this § 264.251 amended under :he act of July 28, 1988 (P. L. 5:6, No.

101) (53 P. S. §§ 4000.101—4000.1904); the act of October 18, 1988 (P. L. 756, No. 108)(35 P. S. §§ 6020.101—6020.1305); the act of June 22. 1937 (P. L. 1987, No. 394) (35 P. S.§§ 691.1—691.1001); the act of April 9, 1982 (P. L. 314, No. 89) (58 P. S. §§ 471—480);section 5 of the act of January 8, 1960 (P. L. 2119, No. 787) (35 P. S. § 4005); and section1920-A of the act of April 9, 1929 (P. L. 177, No. 175) (71 P. S. § 510-20).

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25 § 264.252 ENVIRONMENTAL RESOURCES Pt. I

sourceThe provisions of this § 264.251 amended January 15, 1993, effective January- 16, 1993,

23 Pa.B. 363; .corrected January 22, 1993, effective January 16, 1993, 23 Pa.B. 462.Immediately preceding text appears at serial pages (145589) to (145590).

§ 264.252. Design and operating requirements—liner system.(a) The liner system for the waste pile shall consist of:(1) A leachate and runoff collection system immediately above the

liner that is designed, constructed, maintained and operated to collectand remove leachate from the pile. The leachate collection system shallbe: ,

(i). Constructed of materials that are:(A) Chemically resistant to the waste managed in the pile and

the leachate to be generated.(B) Of sufficient strength and thickness to prevent collapse

under the pressures exerted by overlaying waste, waste covermaterial and by equipment used at the pile.(ii) Designed, constructed and operated to function without clog-

ging through the scheduled closure of the waste pile.(iii) Designed, constructed, operated and maintained so that stand-

ing liquid does not accumulate.(2) A liner underlying and in contact with the waste pile which will

prevent discharge into the land, surface water or groundwater duringthe life of the pile, including the closure period. The liner type anddesign will be based on the required liner's thickness, the requiredpermeability of the liners and the characteristics of the waste or leachate

. to which the liners will be exposed. The liner system shall be^constructed of materials that have appropriate chemical properties andsufficient strength and thickness to. prevent .failure due to. pressuregradients—including static head and external hydrogeologic forces—physical contact with the waste or leachate to which they are exposed,climatic conditions, the stress of installation or other physical damagefrom equipment used 'to place the waste in or on the pile, or to removewaste from the pile, or to clean and expose the liner surface forinspection. The liner permeability may not exceed 1 x 10(~") cm/sec.(3) Where necessary under § 264.250(c)(2) (relating to applicability),

a secondary liner designed, constructed, maintained and operated in amanner that prevents the migration of liquid out of the space betweenthe liners and that meets the specifications of paragraph (2).(4) Where necessary under § 264.250(c)(2), a leak detection system

between the liners designed, constructed, maintained and operated todetect migration of liquid into the space between the liners.

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Ch. 264 NEW AND EXISTING FACILITIES 25 § 264.253

(5) A subbase underlying the liners capable of providing supportthe liner and resistance to pressure gradients above and below the linerto prevent failure of the liner due to settlement, compression or uplift.(b) A liner system shall have an effective life equal to or greater than

the life of the pile.(c) A liner system shall be protected frcrn piar.: growth which could

damage a component of the system.(d) For a waste pile, a minimum distance of 20 inches between the top

of the subbase and seasonal high groundwater table shall be maintainedwithout the use of artificial and manmade groundwater drainage ofdewatering systems. Soil mottling may indicate the presence of a seasonalhigh groundwater table.

AuthorityThe provisions of this § 264.252 amended, under the act of July 28, 1988 (P. L. 556, No.

101) (53 P. S. §§ 4000.101—4000.1904); the act of October 18, 1988 (P. L. 756, No. 108)(35 P. S. §§.6020.101—6020.1305); the act of June 22, 1937 (P. L. 1987, No. 394) (35 P. S.§§ 691.1—691.1001); the act of April 9, 1982 (P. L. 314, No. 89) (58 P. S. §§ 471 — ISO);section 5 of the act of January 8, 1960 (P. L. 2119, No. 787) (35 P. S. § 4005); and section1920-A of the act of April 9, 1929 (P. L. 1", No. 175) (71 P. S: § 510-20).

SourceThe provisions of this § 264.252 amended January 15, 1993, effective January 16, 1993

23 Pa.B. 363; corrected January 22, 1993, effective January 16, 1993, 23 Pa.B. 462Immediately preceding text appears at serial pages (145592) to (145593).

Cross ReferencesThis section cited in 25 Pa. Code § 26-1.250 (relating to applicability).

§ 264.253. Design and operating requirements — certification.A registered professional engineer shall certify in writing for each phase

of installation or construction, under penalty of law, that he haspersonally examined the construction of the phase and it is constructedand prepared in accordance with the documents, statements, designs aridplans submitted as part of the application as approved by the Depart-ment.

§ 264.254. Monitoring and inspection.(a) During construction . or installation, the liner system and cover

system shall be inspected for uniformity, damage and imperfections — suchas, holes, cracks, thin spots and foreign material — and manufactured linermaterials — such as, membranes, sheets and coatings — shall be inspected toensure tight seams and joints and the absence of a tear or blister.(b) A waste pile shall be designed, constructed, operated and main-

, tained to control dispersal of the waste by wind or water erosion.

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25 § 264.255 ENVIRONMENTAL RESOURCES Pt. I

(c) The Department may specify in wr-i&ng control practices—such ascover or frequent wetting—when necessary to ensure that wind dispersalof hazardous waste from a pile is controlled.

(d) While a waste pile is in operation, it shall be inspected by theowner or operator weekly and after storms to detect evidence of the-following:

(1) Deterioration, malfunctions or improper operation of run-on andrunoff control systems.(2) The presence of liquid in leak detection'systems, where applica-

ble.(3) Proper functioning of wind dispersal control systems, where

present.(4) . The presence of leachate in and proper functioning of the

leachate collection and removal systems, where present.

§ 264.255. Emergency repairs; contingency plans.(a) Whenever there is indication of a possible failure of the liner

system, that system shall be inspected under the waste pile evaluation andrepair (WPER) plan required by subsection (d).(b) Whenever there is evidence of a failure of the' liner system,

including evidence of liquid in the detection system between the liners,deterioration, cracking or other condition identified that is causing orcould cause a leak:

(1) The owner or operator shall notify the Department in writingwithin 7 days detecting the failure.(2) For waste piles exempt from groundwater monitoring under

§ 264.250(c) (relating to applicability), the Department may require thatthe waste pile shall comply with the groundwater monitoring require-ments of Subchapter F (relating to groundwater monitoring), within aspecified time.(c) If the waste pile is removed from service as required by subsection

(b) the owner or operator shall:(1) Immediately stop adding wastes to the pile.(2) Immediately contain leakage which !fe or is occurring.(3) Immediately take measures which shall stop the leak.(4) If the leak cannot be stopped by other means, remove waste

from the liner.(5) For waste piles with detection systems, remove accumulated

liquid within a period of time or frequency specified by the Department.(d) As part of the contingency plan required in Subchapter D (relating

to preparedness, prevention and contingency (PPC) plan and emergencyprocedures) the owner or operator shall specify:

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Ch. 264 NEW AND EXISTING FACILITIES 25 § 264.256

(1) A procedure for complying with the requirements of subsection' B(b).(2) An WPER plan describing testing and monitoring techniques;

• procedures to be followed to evaluate the integrity of the liner system ifa failure is suspected; a schedule of actions to be taken in the event of asuspected failure; and a description of :he repair techniques to be usedin the event of leakage.(e) A waste pile that has been removed from service under subsection

(b) may not be restored to service unless:(1) The liner system has been repaired.(2) The liner system has been certified by a professional engineer as

meeting the design specifications approved in the permit.(f) A waste pile that has been removed from service under subsection

(b) and that is not being repaired shall be closed.

§ 264.256. Special requirements for ignitable or reactive wastes.Ignitable or reactive waste may not be placed in a pile, unless one of

the following occurs:(1) The waste is treated, rendered or mixed before or immediately

after placement in the pile so that:(i) The resulting waste, mixture or dissolution of material nc

longer meeting the definition of ignitable or reactive waste undeiChapter 261 (relating to criteria, identification and listing of hazard-ous waste).

(ii) The operator complies with § 264.17(b) (relating to generalrequirements for ignitable, reactive or incompatible wastes).(2) The waste is managed in a way that it is protected from material

or conditions which may cause it to ignite or react.

§ 264.257. Special requirements for incompatible wastes.(a) Incompatible wastes, or incompatible wastes and materials—see

Appendix E Table 3 (relating to minimum liner design and performancestandards)—may not be placed in the same pile, unless § 264.17(b)(relating to general requirements for ignitable, reactive or incompatiblewastes), is complied with. A pile of hazardous waste that is incompatiblewith waste or other material stored nearby in other containers, piles, opentanks or a surface impoundment shall be separated or protected from theother materials by means of a dike, berm, wall or other device.(b) Hazardous waste may not be piled on the same base where

incompatible wastes or materials were previously piled, unless the base hasbeen decontaminated sufficiently to ensure compliance with § 264.17(b)

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25 § 264.258 ENVIRONMENTAL RESOURCES Pt. I

§ 264.258. Closure and postciosure care.(a) At closure, all hazardous waste and hazardous waste residues,

contaminated containment or liner system components, contaminatedsubsoils and structures and equipment contaminated with waste andleachate shall be removed and managed as a hazardous waste. Acomponent of the waste pile containing or contaminated with hazardouswaste or hazardous waste residues shall be decontaminated or removed.If, after removing or decontaminating all residues and making ailreasonable efforts to effect removal or decontamination of contaminatedcomponents, subsoils, structures and equipment, the owner or operatorfinds that not all contaminated subsoils can be practicably removed ordecontaminated, the owner shall close the facility and perform postclosurecare under the closure and postclosure care requirements that apply tolandfills—Subchapter N (relating to landfills).-(b) After removing all contaminated materials and liner during closure,

the site shall be graded and revegetated as required in writing by theDepartment.(c) At all times, the perimeter of the waste pile shall remain at least 5

feet from the outer edge of the liner.

Subchapter M. LAND TREATMENT

Sec. ;264.270. Applicability.264.271. Treatment program.264.272. Treatment demonstration.264.273. Design and operating requirements.264.276. Food chain crops.264.278. Unsaturated zone monitoring.264.279. Recordkeeping.264.280. Closure and postclosure care.264.281. Special requirements for ignitable or reactive wastes.264.282. Special requirements for incompatible wastes.

Cross References

This subchapter cited in 25 Pa. Code § 264.1 (relating to scope); 25 Pa. Code § 264.15(relating to general inspection and construction inspection requirements); 25 Pa. Code§ 264.73 (relating to operating record); 25 Pa. Code § 264.111 (relating to closureperformance standard); 25 Pa. Code § 264.112 (relating to closure plan; amendment ofplan); 25 Pa. Code § 265.442 (relating to Part B application requirements); and 25 Pa. Code§ 266.24 (relating to use constituting disposal; standards applicable to users).

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Ch. 265 INTERIM STATUS STANDARDS 25 § 265.281

§ 265.281. Special requirements for jgfi&able or reactive wastes.Ignitable or reactive wastes may not be land treated unless approved by

the Department and the .following conditions are met:(1) The waste is immediately incorporated into the soil so that the

following applies:(i) The resulting waste, mixture or dissolution of material no

longer meets the definition of ignitable or reactive waste.(ii) Section 265.17(b) (relating to general requirements for ignit-

able, reactive and incompatable wastes), is complied with.(2) The waste is managed in a way that it is protected from any

material or conditions which may cause it to ignite or react.

§ 265.282. Special requirements for incompatible wastes.Incompatible wastes, or incompatible wastes and materials—Chapter

264, Appendix D (relating to examples of potentially incompatiblewaste)—may not be placed in the same land treatment area, unless.§ 265.17(b) (relating to general requirements for ignitable, reactive orincompatible wastes), is complied with.

Subchapter N. LANDFILLS

Sec.265.300. Applicability.265.302. General operating requirements.265.309. Surveying and recordkeeping.265.310. Closure and postclosure care.265.312. Special requirements for ignitable or reactive wastes.265.313. Special requirements for incompatible wastes.265.314. Special requirements for bulk and containerized liquids.265.315. Special requirements for container^-

Cross References

This subchapter cited in 25 Pa. Code § 265.15 (relating to general inspection andconstruction inspection requirements); 25 Pa. Code § 265.73 (relating to operating record);25 Pa. Code § 265.111 (relating to closure performance standards); 25 Pa. Code § 265.112(relating to closure plan; amendment of plan); 25 Pa. Code § 265.IP (relating topostclosure care and use of property); 25 Pa. Code § 265.118 (relating to postclosure plan:amendment of plan); 25 Pa. Code § 265.250 (relating to applicability); 25 Pa. Code§ 265.258 (relating to closure and postclosure care); and 25 Pa. Code § 266.24 (relating touse constituting disposal; standards applicable to users).

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25 § 265.300 ENVIRONMENTAL RESOURCES Pt. I

§ 265.300. Applicability.This subchapter applies to owners and operators of facilities that

dispose of hazardous waste in landfills except as otherwise provided in§ 265.1 (relating to scope).,A waste pile used as a disposal facility is alandfill and shall be governed by this subsection.

§ 265.302. General operating requirements.(a) The owner or operator of a landfill shall do the following:(1) Design, construct, operate and maintain a run-on control system

capable of preventing flow onto the active portions of the landfillduring peak discharge from at least a 25-year storm.(2) Design, construct, operate and maintain a runoff .management

system to collect and control at least the water volume resulting from a24-hour, 25-year storm. If the collected runoff, is a hazardous waste, itshall be managed as a hazardous waste in accordance with applicablerequirements.(3) Ensure that the collection and holding facilities—for example,

tanks or basins—associated with run-on and runoff control systems•shall be emptied or otherwise managed expeditiously after storms to.maintain design capacity of the system.(4) Cover or otherwise manage the landfill so that wind dispersal of

the hazardous waste is controlled.(b) Hazardous waste may not be codisposed with municipal waste

unless approved by the Department.

§ 265.309. Surveying and recordkeeping.The owner or operator of a landfill shall maintain the following items

in the operating record required in § 265.73 (relating to operating record):.(1) On a map, the exact location and dimensions, including depth,

of each cell with respect to permanently surveyed benchmarks.(2) The contents of each cell and the approximate location of each

hazardous waste type within each cell.

Cross ReferencesThis section cited in 25 Pa. Code § 265.310 (relating to closure and postclosure care).

§ 265.310. Closure and postclosure care.(a) The owner or operator shall consider at least the following factors

in addressing the closure and postclosure care objectives of subsections (b)and (c).(b) At final closure of the landfill or upon closure of a cell, the owner

or operator shall cover the landfill or cell with a final cover designed andconstructed to:

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Ch. 265 INTERIM STATUS STANDARDS 25 § 265.312

(1) Provide long-term minimization of migration of liquids throughthe closed landfill.(2) Function with minimum maintenance.(3) Promote drainage and minimize erosion or abrasion of the cover.(4) Accommodate settling and subsidence so that the cover's integ-

rity is maintained.(5) Have a permeability less than or equal to the permeability of any

bottom liner system or natural subsoils present.(c) After final closure, the owner or operator shall comply with

postclosure requirements in Subchapter G (relating to closure andpostciosure), including maintenance and monitoring, throughout thepostclosure care period. The owner or operator shall also:

(1) Maintain the integrity and effectiveness of the final cover,including making repairs to the cover as necessary to correct the effectsof settling, subsidence, erosion or other events.(2) Maintain and monitor the groundwater monitoring system and

comply with other applicable requirements of Subchapter F (relating togroundwater monitoring).(3) Maintain and monitor the leachate collection, removal and

treatment system, if there is one present in the landfill, to prevent excessaccumulation of leachate in the system. The collected leachate is ahazardous waste, unless it is determined to be nonhazardous under§ 261.3(d) (relating to definition of hazardous waste), and shall bemanaged as a hazardous waste in accordance with applicable require-ments.(4) Maintain and monitor the gas collection and control system, if

there is one present in the landfill, to control the vertical and horizontalescape of gases.(5) Prevent run-on and runoff from eroding or otherwise damaging

the final cover.(6) Protect and maintain surveyed benchmarks used in complying

with § 265.309 (relating to surveying and recordkeeping).(7) Restrict access to the landfill as appropriate for its postclosure

use.

§ 265.312. Special requirements for ignitable or reactive wastes.Ignitable or reactive waste' may not be placed in a landfill unless

approved by the Department and the following conditions are met:(1) The resulting waste, mixture or dissolution of material no longer

meets the definition of ignitible or reactive waste under Chapter 261.Subchapter C (relating to characteristics of hazardous waste).(2) Section 265.17(b) (relating to general requirements for ignitable,

reactive and incompatible wastes), is complied with.

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25 § 265.313 ENVIRONMENTAL RESOURCES Pt. I- ~ - H*

Cross ReferencesThis section cited in 25 Pa. Code § 265.228 (relating to closure and postclosure care).

§ 265.313. Special requirements for incompatible wastes.Incompatible wastes, or incompatible wastes and materials—see Chapter

264, Appendix D (relating to examples of potentially incompatiblewastes)—may not be placed in the same landfill cell unless § 265.17(b)(relating to general requirements for ignitable, reactive and incompatablewastes), is complied with.

§ 265.314. Special requirements for bulk and containerized liquids.Liquid waste and waste containing free liquids, including waste to which

absorbents have been added, may not be placed in a landfill. Container-ized or bulk waste to be disposed of in a landfill shall pass the followingtests: . .

(1) Method 9095 (Paint Filter Liquids Test) as described in the latestTest Methods for Evaluating Solid Wastes, Physical/Chemical Methods(EPA Publication No. SW-846, as amended).(2) It shall have greater than 20% solids content by dry weight.(3) It may not be flowable. The term "flowable" refers to flow in

the sense of pourable as a liquid.

§ 265.315. Special requirements for containers.Unless it is very small, such as an ampule, a container shall be one of

the following:(1) At least 90% full when placed in the landfill.(2) Crushed, shredded or similarly reduced in volume to the

maximum practicable extent before, burial in the landfill.

Subchapter O. INCINERATORS

Sec.265.340. Applicability.265.341. Waste analysis.265.342. Air quality plan approval.265.345. General operating requirements..265.347. .Monitoring and inspections.265.351. Closure.

Cross ReferencesThis subchapter cited in 25 Pa. Code § 261.6 (relating to requirements for hazardous

wastes that are recycled); 25 Pa. Code § 265.15 (relating to general inspection and

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Ch. 264 NEW AND EXISTING FACILITIES 25 § 264.281

§ 264.281. Special requirements for ignitable or reactive wastes.The owner or operator may not apply ignitable or reactive waste to the

treatment zone unless one of the following occurs:(1) The waste is immediately incorporated into the soil so that:(i) The resulting waste, mixture or dissolution of material no

longer meets the definition of ignitable or reactive waste under§§ 261.21 and 261.23 (relating to characteristic of ignitability; andcharacteristics of reactivity).

(ii) Section 264.17(b) (relating to general requirements for ignit-able, reactive or incompatible wastes), is complied with.(2) The waste is managed so it is protected from material or

conditions which may cause it to ignite or react.

§ 264.282. Special requirements for incompatible wastes.The owner or operator may not place incompatible waste, or incompati-

ble waste and material—see Appendix D (relating to examples ofpotentially incompatible waste) for examples—in or on the same treatmentzone, unless § 264.17(b) (relating to general requirements for ignitable,reactive or incompatible wastes), is complied with.

Subchapter N. LANDFILLS

Sec.264.300. Applicability.264.301. Design requirements—general.264.302. Design requirements—liner system.264.303. Design requirements—leachate management.264.304. Design requirements—certification.264.305. Operating requirements.264.309. Monitoring and inspection.264.310. Closure and postclosure care.264.312. Special requirements for ignitable or reactive wastes.264.313. Special requirements for incompatible wastes.264.314. Special requirements for bulk and containerized liquids.264.315. Special requirements for containers.264.316. Environmental protection.

Cross ReferencesThis subchapter cited in 25 Pa. Code § 264.1 (relating to scope); 25 Pa. Code § 264.15

(relating to general inspection and construction inspection requirements); 25 Pa. Code§ 264.73 (relating to operating record); 25 Pa. Code § 264.111 (relating to closurperformance standard); 25 'Pa. Code § 264.112 (relating to closure plan; amendment t

264-115

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25 § 264.300 ENVIRONMENTAL RESOURCES Pt. I

plan); 25 Pa. Code § 264.197 (relating to closure and postclosure); 25 Pa. Code § 264.250 ((relating to applicability); 25 Pa. Code § 264.258 (relating to closure and postclosure care);25 Pa. Code § 265.197 (relating to closure and postclosure care); 25 Pa. Code § 265.442(relating to Part B application requirements); and 25 Pa. Code § 266.24 (relating to useconstituting disposal; standards applicable to users).

§ 264.300. Applicability. ^(a) This subchapter applies to owners and operators of new hazardous f

waste landfills and existing hazardous waste landfills having interim statusand applying for permit under Chapter 265 (relating to interim statusstandards for hazardous waste management facilities and permit programfor new and existing hazardous waste management facilities), except asotherwise provided in § 264.1 (relating to scope). A waste pile used as adisposal facility is a • landfill and shall meet the requirements of thischapter. .(b) This subchapter establishes minimum standards that define the

acceptable management of hazardous waste disposal in landfills.

§ 264.301. Design requirements—general.The following are the minimum general design standards required:(1) Acces's roads shall be paved or surfaced with materials such as

asphalt or concrete or other materials approved in writing by theDepartment. Access roads shall be suitable for use hi all types of (weather by loaded transport vehicles and emergency vehicles andequipment. These roads shall have a base capable of withstandinganticipated load limits. The minimum cartway width for two-way trafficshall be 22 feet; for one-way traffic, separate roads with a minimumcartway width of 12 feet shall be provided; or if the hazardous wastemanagement facility is a captive facility or a noncommercial offsitefacility and the access is restricted to company personnel with minimaltraffic volume, then the minimum cartway width for two-way trafficshall be 12 feet, provided the entire length of the roadway is visible tothe driver or passing points are provided at appropriate intervals so asnot to impede access. .The maximum sustained grade may not exceed12%.(2) Weighing or measuring facilities, if necessary or when required

by the Department, shall be provided for weighing hazardous wastesbrought to the TSD facility, except for captive facilities that handle £liquids or flowable wastes—less than 20% solids—which are amenableto accurate flow measurements, or captive facilities that possess otherwaste inventory controls (volume controls). Weighing facilities shall becapable of weighing the maximum anticipated load plus the weight ofthe transport vehicle. The precision of weighing devices shall be certifiedby the Department of Agriculture. (

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C

Ch. 264 NEW AND EXISTING FACILITIES 25 § 264.301

(3) For offsite facilities or onsite facilities receiving waste fromoffsite sources, hours of operations for the site shall be prominentlydisplayed on a sign at the entrance. The lettering shall be a rninimum of4 inches in height and of a color contrasting with its background.(4) A minimum buffer zone of 50 feet shall be maintained between

the property line and the permitted facility within which no solid wastetreatment, storage or disposal activity shall occur. A building orstructure may not be constructed or placed within 25 feet of thedisposal area unless the structures or buildings are necessary to conductthe monitoring and testing requirements of this chapter and areapproved in writing by the Department. In addition, placement of wastemay not be made within 3 feet of the effective edge of the liner.(5) Final surface grades of the fill area shall provide a slope of not

less than 3% but not exceeding 15%, except as otherwise approved bythe Department.(6) When final grades approved in writing by the Department exceed

15%, but in no case exceeding 25%, a horizontal terrace 10 feetminimum in width shall be constructed on the slope for every 20 feetmaximum.in vertical rise of the slope. The gradient of the terrace shallbe 1.0% toward the center of the landfill to eliminate overflow of therunoff onto the next terrace. The terrace shall be graded with aminimum 3.0% slope to remove runoff to the sedimentation pond. Theside slope of the terrace shall be a maximum 28.5% or the angle ofrepose of the landfilled waste, whichever is less. This shall be supportedwith testing or calculations, or both.(7) Surface water management measures on the site shall, at a

minimum, be in conformance with the provisions of Chapter 102(relating to erosion control). More stringent design standards may berequired by the Department based on the best engineering practices andmethods outlined in Engineering Field Manual for Conservation Prac-tices, published by USDA-SCS.(8) Surface water runoff from active areas of the site shall be

collected. It shall then be managed as a hazardous waste unless it hasbeen determined not to be a hazardous waste. Necessary measures andstructures shall be designed to handle water quantities based on the24-hour rainfall in inches to be expected once in 25 years. Supportingcalculations shall be provided.(9) Run-on shall be diverted away from the site, with the necessary

measures and structures designed to handle water quantities based onthe 24-hour rainfall in inches, expected once in 100 years, and besupported by calculations.

(10) Daily and intermediate cover, when and if required in writinby the Department, shall be soils that fall within the United Stau

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25 § 264.301 ENVIRONMENTAL RESOURCES Pt. I

Department of Agriculture (USDA) textural classes sandy loam, loam, (sandy clay loam, silty clay loam and silt loam. Other cover materials '"shall be approved by the Department. The coarse fragment content(fragments not passing the No. 10 mesh sieve, 2mm) may not exceed50% by volume and the combustible or coal content, or both, may notexceed 12% by volume. Boulders and stones as classified by USDA /"shall be excluded from soils to be used for any type of cover material. (The source and volumes of daily and intermediate cover necessary and.available shall be specified and supported by calculations.

(11) Daily cover, when and if required by the Department, shall be aminimum uniform 6-inch compacted layer, and intermediate cover shallbe a minimum uniform 12-inch graded and compacted layer.

(12) Gas, venting systems and gas monitoring systems shall beinstalled at all sites when necessary or when required by the Depart-ment. Gas venting may be accomplished by construction of either lateralor vertical venting, or both. The maximum center to center spacingbetween the lateral lines or vertical trenches shall be 100 feet. Pipe ventslocated within 100 feet of a building, mechanical structure or roadwayshall be constructed so as to discharge above the roof line of thebuilding or mechanical structure and a minimum of 12 feet above theroadway surface. A forced gas venting system shall be installed when /"and if required in writing by the Department. Appropriate safety \measures shall be included in the design and installation of gas venting,collection, storage or processing system.

(13) Landfilled waste shall be capable of withstanding anticipatedstatic and dynamic loadings with a minimum factor of safety of 1.5.

(14) Best engineering construction practices shall be employed for allphases of construction.

(15) Collection and holding facilities associated with run-on andrunoff control systems shall be emptied or otherwise managed expedi-tiously after storms to maintain design capacity of the system.

Authority «p.

The provisions of this § 264.301 amended under the act of July 28, 1988 (P. L. 556, No.101) (53 P S. §§ 4000.101—4000.1904); the act of October 18, 1988 (P. L. 756, No. 108)(35 P. S. §§ 6020.101—6020.1305); the act of June 22, 1937 (P. L. 1987, No. 394) (35 P. S.§§ 691.1—691.1001); the act of April 9, 1982 (P. L. 314, No. 89) (58 P. S. §§ 471—480); /section 5 of the act of January 8, 1960 (P. L. 2119, No. 787) (35 P. S. § 4005); and section -.1920-A of the act of April 9, 1929 (P. L. 177, No. 175) (71 P. S. § 510-20).

SourceThe provisions of this § 264.301 amended January 15, 1993, effective January 16, 1993,

23 Pa.B. 363; corrected January 22, 1993, effective January 16, 1993, 23 Pa.B. 462.Immediately preceding text appears at serial pages (145612) to (145614).

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Ch. 264 NEW AND EXISTING FACILITIES 25 § 264.302

§ 264.302. Design requirements—liner system.(a) Hazardous waste disposed of in a landfill during its active life shall

be completely underlain by a liner system and completely enclosed by aliner and cap system at closure. The liner shall be installed to coversurrounding earth likely to be in contact with the waste or leachate. Thelandfill liner and cap system shall be constructed of materials that haveappropriate chemical properties and sufficient strength and thickness toprevent failure due to pressure gradients, including static head andexternal hydrogeologic forces, physical contact with the waste or leachateto which they are exposed, climatic conditions, the stress of installationand the stress of daily operations. The landfill liner and cap system shallalso be designed and constructed with the following components, startingfrom the bottom of the system:

(1) A subbase, a prepared 6-inch thick layer of the ground uponwhich the liner system is constructed. The subbase shall be capable ofsupporting the expected static and dynamic loadings with a minimumfactor of safety of 1.5. The subbase shall be compacted of 95% of thestandard Proctor density and be no more permeable than i x 10 ~5cm/sec, based on laboratory and field testing. The subbase shall preventdamage to the bottom liner, be true to cross section and uniform. Thesubbase shall have a surface which is smooth and free of debris, plantmaterials or other foreign materials. The minimum slope for subbasesurfaces, including side slopes, shall be 2.0%, and the maximum slopeshall be 20%. Subbase slopes greater than 20% shall be only asapproved in writing by the Department.(2) A bottom liner—secondary liner—meeting the requirements spec-

ified in Appendix E Table 3 (relating to minimum liner design andperformance standards) and capable of detecting and diverting anyleachate that may bypass or leak through the primary liner. Thesecondary liner shall be constructed so as to divert all leachate or waste,to a collection sump or point where it can be collected for propertreatment, storage or disposal with sufficient frequency to preventbackup into the flow zone. The slope requirements shall conform to theslope of the subbase.(3) A flow zone—leachate detection zone—between the secondary

and primary liners capable of allowing free flow of liquids andproviding a stable, uniform, smooth layer, free of debris, plantmaterials or other foreign material, and which will prevent damage toeither the primary or secondary liners. The maximum particle size forthe flow zone material shall be .25 inch and the permeability of the flowzone shall be greater than 1 x 10 ~2 cm/sec. The flow zone shall beminimum 1-foot thick under the entire primary liner. A perforatec

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25 § 264.302 ENVIRONMENTAL RESOURCES Pt. I

piping system shall be installed within the flow zone which is capable of (intercepting the liquids or leachate within the zone and transmitting 'them to a collection sump or point, and capable of withstandinganticipated loads. The piping system design and pipe grade, size andspacing shall ensure that liquids will exit the landfill in less than 6months. This shall be supported by calculations and drawings. A /'positive projecting installation design of the piping system shall be used, (unless otherwise approved in writing by the Department. Stones oraggregate surrounding the pipes shall be large enough to preventclogging of the pipe and fine enough to prevent damage to the liners.Other methods of preventing the pipes from clogging shall meet theapproval of the Department.(4) A top liner—primary—which meets the requirements specified in

Appendix E Table 3. A .liner shall be constructed of materials thatprevent wastes from migrating into the liner during the active life of thefacility and shall be capable of diverting to a collection sump or point,liquids or leachate passing through or generated within the hazardouswaste, where it can be collected for proper treatment, storage ordisposal with sufficient frequency to prevent backup into the landfill.(5) A protective cover zone/leachate collection zone, a minimum of

18 inches thick, capable of protecting the primary liner from the fhazardous waste and capable of allowing free flow of liquids and (leachate passing through or generated within the hazardous waste. Theprotective cover shall be stable, uniform, smooth, free of debris, plantmaterial or other foreign material and shall be constructed of materialsthat are chemically resistant to the waste managed in the landfill andthe leachate expected to be generated. The permeability of this zoneshall be greater than 1 x 10 ~2 cm/sec and the maximum particle sizeshall be .25 inch. A perforated piping system shall be installed withinthe protective cover which is capable of intercepting the liquids andleachate within the protective cover zone and transmitting them to acollection sump or point, and capable of withstanding anticipated loads.The piping system design and the pipe spacing, grade and size shallensure that liquids and leachate drain through the protective cover at arate twice the maximum expected rate of infiltration through the wasteabove. This shall be supported with calculations and drawings. Apositive projecting installation design of the piping system shall be used, {

. unless otherwise approved in writing by the Department. Stones oraggregate surrounding the pipes shall be large enough to preventclogging of the pipe and fine enough to prevent damage to the liner.Further measures, to prevent clogging or damage to the pipe andadditional measures to prevent damage to the liner shall be installed ifrequired by the Department. (

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Ch. 264 NEW AND EXISTING FACILITIES 25 § 264.302

(6) A cap which is capable of preventing the infiltration of liquidinto closed portions of the landfill. The cap shall have a permeabilityless than or equal to the permeability of the primary liner. The cap shallmeet the minimum requirements specified in Appendix E Table 3. Itshall be placed on a stable 1 foot thick layer of intermediate covermaterial which has been compacted and graded to prevent damage tothe- cap. This requirement may be altered or waived if it is determinedby the Department that capping is not necessary.

(7) A drainage layer shall be installed over the cap, prior toplacement of the final cover material. The drainage layer shall bedesigned so that discharge flows freely in the lateral direction tominimize head on and flow through the cap. The drainage layer shalldrain at a rate which is greater than the maximum expected rate ofinfiltration through the final cover.

(b) For landfills, a minimum distance of 4 feet shall be maintainedbetween the top of the subbase and seasonal high water table without the•use of artificial or manmade groundwater drainage or dewatering systems.Soil nottling- may indicate the presence of a -seasonal high groundwatertable. The distance between the top of the subbase and the regionalgroundwater table shall be a minimum of 8 feet.

(c) The outer perimeter of all liners caps, and liner and cover systemsshall be well protected and well marked through all stages of construction,closure and final closure.

Authority

The provisions of this § 264.302 amended under the act of July 28, 1988 (P. L. 556, No.101) (53 P. S. §§ 4000.101—4000.1904); the act of October 18, 1988 (P. L. T56, No. 108)(35 P. S. §§ 6020.101—6020.1305); the act of June 22, 1937 (P. L. 1987, No. 394) (35 P. S.§§ 691.1—691.1001); the act of April 9, 1982 (P. L. 314, No. 89) (58 P. S. §§ 471—480);section 5 of the act of January 8, 1960 (P. L. 2119, No. 787) (35 P. S. § 4005); and section1920-A of the act of April 9, 1929 (P. L. 177, No. 5) ("1 P. S. § 510-20).

Source

The provisions of this § 264.302 amended January 15, 1993, effective January 16, 1993,23 Pa.B. 363; corrected January 12, 1993, effective January 16, 1993, 23 Pa.B. 462.Immediately preceding text appears a: serial pages (145614) to (145617).

Cross References

This section cited in 25 Pa. Code § 264.303 (relating to design requirements—leachate^management).

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25 § 264.303 ENVIRONMENTAL RESOURCES Ft. I

§ 264.303. Design requirements—leachate management.

(a) All new hazardous waste landfill disposal areas shall be designed topreclude any leachate from existing landfill disposal areas not meeting therequirements of this chapter from entering into the lined landfill disposalareas that are permitted as new facilities.

(b) The conveyance system and storage system for the leachate fromthe leachate collection zone and runoff shall meet the following designstandards:

(1) The minimum storage capacity for leachate shall be 25,000gallons per acre of active portions of the landfill plus an additional 1000gallons per acre of closed landfill portions.(2) The minimum storage capacity for runoff shall be. based on the

24-hour rainfall in inches expected once in 25 years per acre of activeportions of the landfill.

(3) The storage tanks or surface impoundments shall meet the'applicable requirements of this section fors tanks and surface impound^ments.

(4) The piping system conveying the leachate or runoff from thelandfill to the collection point—tank or surface impoundment—shall besized to convey the leachate flow as calculated in § 264.302(a) (relatingto design requirements—liner system), chemically compatible with theleachate, of sufficient strength to withstand all anticipated loads,equipped with cleanouts where necessary or as required in writing by theDepartment and sealed to prevent any loss of leachate.

(5) The liner collection pipe and the conveyance pipe shall beconnected such that all leachate is directed into the conveyance pipe.

(c) Leachate detection zone tanks shall be a minimum of 100 gallonsin capacity and connected to the leachate detection zone by means of apiping system. The piping system conveying the detected leachate shall besized to convey the leachate flow as calculated in § 264.302(a), chemically.compatible, of sufficient strength to withstand all anticipated loads, sealedto prevent any loss of leachate and designed to intercept and convey allthe leachate detected.(d) Design of treatment facilities to receive the leachate and runoff

from storage, if the facilities are needed or are required in writing by theDepartment, shall be submitted to the Department for written approvalprior to issuance of a permit. The treatment facilities shall be constructedprior to the acceptance of any hazardous waste at the landfill.

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Ch. 264 NEW AND EXISTING FACILITIES 25 § 264.304

(e) The design flow rate for the treatment facility shall be a minimumof 15,000 gallons per day for each acre of active area. The designstandards for the treatment facilities shall meet the requirements ofChapter 265, Subchapters Q and R (relating to chemical, physical andbiological treatment; and hazardous waste management permit program).(f) The treatment facilities shall be compatible with and capable of

treating the waste constituents expected to be present in the leachate andrunoff and the anticipated volumes of waste.

§ 264.304. Design requirements—certification.A registered professional engineer shall certify in writing, for each phase

of construction, under penalty of law, that he has, personally examinedthe construction of the phase and it is constructed and prepared inaccordance with the documents, statements, designs and plans submittedas part of the application as approved by the Department.

§ 264.305. Operating requirements.The following are the minimum general operating standards required:(1) Landfill contents subject to dispersal by wind shall be covered or

otherwise managed at the landfill so that the wind dispersal of thehazardous waste and all other solid waste is controlled.(2) Vector, odor or noise control procedures shall be employed when

necessary or when required by the Department to prevent health hazardsand nuisances. The applicant shall submit a vector, odor and noisecontrol (VONC) plan for the written approval by the Department.(3) The site shall be designed and operated in a manner which

prevents or minimizes surface water percolation into the hazardouswaste deposits.(4) Equipment provided for operation of the hazardous waste

management landfill shall be maintained in operable condition and beof adequate capacity and performance capability to ensure that thefacility operation will not be interrupted during normal working periodsand that operation of the facility is in accordance with this chapter.(5) All solid waste shall be spread and compacted in shallow layers,

not exceeding a depth of 2 feet, unless otherwise approved in writing bythe Department. Compacting of che solid waste shall be accomplishedby repeated passages of landfill equipment.(6) Standby equipment shall be onsite or readily available for use in

the event of major equipment breakdown.(7) Unloading areas shall be specified and restricted to the proximity

of the working face and shall permit collection vehicles topromptly.

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25 § 264.309 ENVIRONMENTAL RESOURCES Pt. I

(8) An attendant shall direct vehicles to the unloading area or clearlymarked signs shall be located prominently to direct vehicles to theunloading area, unless otherwise approved in writing by the Depart-ment.(9) Burning of solid waste is prohibited at a hazardous waste

landfill. ;(10) Provisions shall be made to prevent dust from hampering

landfill operations or from causing health or safety hazards andnuisances.(11) Portable litter control fences constructed of wire mesh, snow-

fencing or other suitable material, when necessary or when required inwriting by the Department, shall be located in the immediate operatingarea, approximately 50 to 75 feet downwind from the working face. Thenature of the solid waste or excessive winds may require additional littercontrol measures which shall be provided. The entire landfill shall beadequately policed, and litter shall be collected routinely at no greaterthan weekly intervals from fences, roadways and tree line barriers, andincorporated into the solid waste cells.(12) The landfill shall be operated in such a manner that the

tracking of waste within and outside the site by equipment andmachinery is eliminated or minimized.

__(13) The application of leachate or runoff onto the landfill is notpermitted unless approved by the Department.

§ 264.309. Monitoring and inspection.(a) Quality control measures and tests shall be specified and employed

to ensure that construction conforms to all design materials and construc-tion specifications. In addition during and after construction or installa-tion, liner systems and cover systems shall be inspected for uniformity,damage and imperfections such as holes, cracks, thin spots and foreignmaterials. Earth material liner systems shall be inspected for imperfectionsincluding lenses, cracks, channels, root holes or other structuralnonuniformities and shall be tested for compaction density, moisturecontent and permeability after placement. Manufactured liner materialsshall be inspected to ensure tight seams and joints and the absence oftears or blisters.(b) While a landfill is in operation, the owner or operator shall inspect

the following as specified and after storms:(1) The run-on and runoff control systems at least weekly, for

deterioration, malfunctions or improper operation.(2) The collection sump or point, at least daily, to detect leakage

through the top liner. The owner or operator is not required to inspectthe collection sump or point daily if:

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Ch. 264 . NEW AND EXISTING FACILITIES 25 § 264.310

(i) The collection sump or point is equipped with an alarm systemcapable of detecting any accumulation of liquids in the sump of 1inch or greater.

(ii) The alarm system is maintained in proper working order.(iii1) The owner cr operator has received prior written approval

from the Department.(3) Proper functioning of wind dispersal control systems, where

present, at least weekly.(4) The leachate collection and removal systems, at least weekly, for

the presence of leachate and the proper functioning of the system.

§ 264.310. Closure and postclosure care.Closure of a landfill shall conform to Subchapter G (relating to closure

and postclosure), and the following specific requirements:(1) A final layer of cover material compacted to a minimum uniform1

depth of 2 feet shall be placed over the entire surface of the landfill.The final cover shall be soils that fall within the United StatesDepartment of Agriculture (USDA) textural classes of sandy loam,loam, sandy clay loam, silty clay loam and silt loam. All other finalcover materials shall be approved in writing by the Department. Thesoil shall compact well, not crack excessively when dry and support avegetative cover. The coarse fragment content (fragments not passingthe No. 10 mesh sieve, 2mm) may not exceed 50% by volume, and thecombustible or coal content, or both, may not exceed 12% by volume.Boulders and stones as classified by USDA shall be excluded from soilsused for any type of cover material. The source and volume of finalcover necessary and available' shall be specified and supported bycalculations.(2) The final cover layer shall be completed within 30 days after

disposing of the final volume of hazardous waste, or as otherwiseapproved in writing by the Department. Completion shall includepermanent stabilization of all slopes.(3) Completed portions of the landfill shall be graded as specified in

this subsection within 2 weeks of completion.(4) Seedbed preparation and planting operations to promote stabili-

zation of the final soil cover shall be done as soon as weather permitsand seasonal conditions are suitable for the establishment of the type ofvegetation to be used. Reseeciing and maintenance of cover materialshall be mandatory until adequate vegetative cover is established toprevent erosion. Applicable revegetation procedures as published inPennDOT Form 408 or the current Agronomy Guide, of The College ofAgriculture, Pennsylvania State University may be utilized.(5) The cover system in conjunction with the cap shall also:

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25 § 264.312 ENVIRONMENTAL RESOURCES " Pt. I

(i) Minimize the migration of liquids for the life of the facilitythrough the closed landfill.

(ii) Function with minimum maintenance.(iii) Promote drainage and minimize erosion or abrasion of the

cover.(iv) Accommodate settling and subsidence of the landfill so that

the cover's integrity is maintained.(6) After final closure, the owner or operator shall comply with all

postclosure requirements contained in Subchapter G, including mainte-nance and monitoring, throughout the postclosure care period. Theowner or operator shall also:

(i) Maintain the integrity and effectiveness of the final cover,including making repairs to the cap as necessary to correct the effectsof settling, subsidence, erosion or .other events.

(ii) Maintain and monitor the leachate detection zone as requiredby permit or regulation.

(iii) Continue to operate the leachate collection and removalsystem until leachate is no longer detected.

(iv) Maintain and monitor the groundwater monitoring system andcomply with all other applicable requirements of Subchapter F(relating to groundwater monitoring).(v) Prevent run-on and runoff from eroding or otherwise damag-

ing the final cover.(vi) Protect and maintain all permanent surveyed benchmarks.

(7) During the postclosure care period, if liquid leaks into a leachatedetection zone, the owner or operator shall notify the Department ofthe leak in writing within 7 days after detecting .the leak.

Cross References

This section cited in 25 Pa. Code § 264.197 (relating to closure and postclosure).

§ 264.312. Special requirements for ignitabie or reactive wastes.(a) Ignitable or reactive waste may'not be placed in a landfill unless

the waste is treated, rendered or mixed before or immediately afterplacement in a landfill so that the resulting waste, mixture or dissolutionof material no longer meets the definition of ignitable or reactive wasteunder §§ 261.21 and 261.23 (relating to 'characteristic of ignitability; andcharacteristic of reactivity).(b) A hazardous waste may not be codisposed with municipal waste

unless approved by the Department.

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Ch. 264 . NEW AND EXISTING FACILITIES 25 § 264.313

§ 264.313. Special requirements for incompatible wastes.Incompatible wastes, or incompatible wastes and materials—see Appen-

dix D (relating to examples of potentially incompatible waste)—may notbe placed in the same landfill unless § 264.17(b) (relating to generalrequirements for ignitable, reactive or incompatible wastes), is compliedwith and written approval by the Department is obtained. Incompatiblewastes may not be mixed together in a landfill unless approved in writingby the Department.

§ 264.314. Special requirements for bulk and containerized liquids.Liquid waste and waste containing free liquids, including waste to which

absorbents have been added, may not be placed in a landfill. Container-ized or bulk waste to be disposed of in a landfill shall pass the followingtests:

(1) Method 9095 (Paint Filter Liquids Test) as described in the latestTest Methods for Evaluating Solid Wastes, Physical/Chemical Methods:(EPA Publication No. SW-846, as amended).(2) It shall have greater than 20% solids content by dry weight.(3) It may not be flowable. The term "flowable" refers to flow in

the sense of pourable as a liquid.

§ 264.315. Special requirements for containers.An empty container shall be crushed flat, shredded or similarly reduced

in volume; otherwise, the container shall be at least 90% full before it isburied in the landfill.

§ 264.316. Environmental protection.The Department will specify or reference in the permit, design and

operating practices which the Department deems necessary to ensure thatthe requirements of this subchapter are satisfied. The Department mayalso require a permittee to take measures, whether or not specified orreferenced in the permit, reasonable or necessary to ensure compliancewith the act and this article or necessary to protect public health andenvironment.

Authority

The provisions of this § 264.316 amended under the act of July 28, 1988 (P. L. 556, No.101) (5.3 P. S. §§ 4000.101—4000.1904); the act of October 18, 1988 (P. L. 756, No. 108)(35 P. S. §§ 6020.101—6020.1305); the act of June 22, 1937 (P. L. 1987, No. 394) (35 P. S.§§ 691.1—691.1001); the act of April 9, 1982 (P. L. 314, No. 89) (58 P. S. §§ 471—480);section 5 of the act of January 8, 1960 (P. L. 2119, No. 787) (35 P. S. § 4005); and sectio1920-A of the act of April 9, 1929 (P. L. 177, No. 175) (71 P. S. § 510-20).

264-127 '(176357) No. 222 May 93

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25 J 264.340 ENVIRONMENTAL RESOURCES Pt. I

SourceThe provisions of this § 264.316 amended January -15, 1993, effective January 16, 1993,-

23 Pa.B. .363; corrected January 22, 1993, effective January 16, 1993, 23 Pa.B. 462.Immediately preceding text appears at serial page (145622).

Subchapter O. INCINERATORS

Sec.264.340. Applicability.264.341. Waste analysis.264.342. Principal organic hazardous constituents (POHCs).264.343. Performance standards.264.344. Hazardous waste incinerator permits.264.345. Operating requirements.264.347. Monitoring and inspection.264.351. Closure.264.352. Exemptions.264.353. Trial burn plan.

Cross References. This subchapter cited in 25 Pa. Code § 261.6 (relating to requirements for hazardouswastes that are recycled); 25 Pa. Code § 264.15 (relating to general inspection andconstruction inspection requirements); 25 Pa. Code § 264.73 (relating to operating record);25 Pa. Code § 264.111 (relating to closure performance standard); 25. Pa. Code § 264.112(relating to closure plan; amendment of plan); 25 Pa. Code § 265.442 (relating to Part Bapplication requirements); and 25 Pa. Code § 266.40 (relating to applicability).

§ 264.340. Applicability.This subchapter applies to owners or operators of facilities that

incinerate or trial burn hazardous waste, except as otherwise provided in§ 264.1 (relating to scope). The following facility owners or operators areconsidered to incinerate hazardous waste:

(1) Owners or operators of hazardous *g te incinerators, as definedin § 260.2 (relating to definitions).(2). Owners or operators who burn hazardous waste to destroy the

hazardous waste.

AuthorityThe provisions of this § 264.340 amended under the act of July 28, 1988 (P. L. 556, No.

101) (53 P, S. §§ 4000.101—4000.1904); the act of October 18, 1988 (P. L. 756, No. 108)(35 P. S. §§ 6020.101—6020.1305); the act of June 22, 1937 (P. L. 1987, No. 394) (35 P. S.§§ 691.1—691.1001); the act of April 9, 1982 (P. L. 314, No. 89) (58 P. S. §§ 471—480);section 5 of the act of January 8, 1960 (P. L. 2119, No. 787) (35 P. S. § 4005); and section1920-A of the, act of April 9, 1929 (P. L. 177, No. 175) (71 P. S. § 510-20).

264-128(176358) NO. 222 May 93 Ow A/W S Qk<§4"8>/ Pennsylvania

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Ch. 264 NEW AND EXISTING FACILITIES 25 § 264.1

f (2) The minimum standards for the closure and postclosure care of a'hazardous waste surface impoundment, waste pile, land treatment orlandfill facility that accepted hazardous waste on or after July 26, 1982.These HWM facilities are subject to all applicable requirements of thischapter, and shall also apply for and obtain a permit for postclosurecare required under Subchapter G (relating to closure and postclosure)in accordance with the procedures in Chapter 265, Subchapter R andChapter 270. These HWM facilities will not be required to meet theliner requirements and groundwater isolation distance requirements asspecified in Subchapters K—N for postclosure permitting, unlessotherwise specified by the Department. These HWM facilities will berequired to meet applicable cap requirements of Subchapters K—Npostclosure permitting.(b) The standards of this chapter apply to:(1) A person or municipality who treats, stores or disposes of

hazardous waste unless otherwise specified hi this chapter or §§ 261.5and 261.6 (relating to special requirements for hazardous waste gener-ated by small quantity generators; and requirements for hazardouswastes that are recycled).(2) A person or municipality disposing of hazardous waste by means

of ocean disposal subject to a permit issued under the Marin<( Protection, Research, and Sanctuaries Act of 1972 (33 U.S.C.A'

§§ 1401—1445), only to the extent they are included in a permit-by-rulegranted to the person under § 270.1 (relating to the hazardous wastepermit program). This chapter does apply to the treatment or storage of

" hazardous waste before it is loaded onto an ocean vessel for incinera-tion or disposal at sea.(3) A person or municipality disposing of hazardous waste by means

of underground injection subject to a permit issued under an Under-ground Injection Control (UIC) program approved or promulgatedunder the Safe Drinking Water Act (42 U.S.C.A. §§ 300f—300J-10)only to the extent they are required by 40 CFR 144.14 (relating to wellsinjecting hazardous waste) and § 270.1. This chapter does apply to theaboveground treatment or storage of hazardous waste before it isinjected underground.(c) The requirements of this chapter do not apply to the following:

| (1) The owner or operator of POTWs which treats, stores ordisposes of hazardous waste, if the permit by rule provision in§ 265.432 (relating to POTWs), is complied with.(2) A person or municipality who owns or operates a facility

permitted by the Department to manage municipal or residual solidwaste, if the only hazardous waste the facility treats, stores or dispos<

/ of is excluded from regulation under § 261.5, provided that:

264-3(176233) No. 222 May 93

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PROPOSED EXPLANATION OF SIGNIFICANT DIFFERENCESTONOLU CORPORATION SUPERFUND SHE

NESQUEHONING, PENNSYLVANIA

A. Introduction

The Environmental Protection Agency, Region III (EPA) is issuing this proposedExplanation of Significant Differences (ESD), pursuant to its authority in Section 1 17(c) ofthe Comprehensive, Environmental Response, Compensation and Liability Act of 1980,as amended (CERCLA), 42 U.S.C. § 961 7(c), and the National Oil and HazardousSubstances Pollution Contingency Plan (NCP), at 40 C.F.R. § 300.435(c)(2)(i), for theSeptember 30, 1992, Record of Decision (ROD) (no. 189, Section III, in the AdministrativeRecord Index for the Site) issued for the Tonoili Corporation Superfund Site (Site) inNesquehoning, Pennsylvania. EPA is the lead agency for the She and the PennsylvaniaDepartment of Environmental Resources (PADER) is the support agency. EPA andPADER have identified several areas of the remedy that require changes through thisESD, EPA has determined that these changes do not fundamentally alter the remedyselected in the ROD with respect to scope', performance, or cost. The major area ofconcern addressed in this ESD is the condition of the onstte landfill.

B. Summary of Site History. Contamination Problems, and Setected Remedy

For a summary of site history, and contamination .problems, see Sections II (page 1)and IV (page 8) of the ROD. For a description of the remedy as set forth in the ROD, seeSection IX (page 63).

C. Significant Differences: Rationale

1. The Pennslvania H rdous Waste Regulations.

The ROD calls for consolidation of contaminated soils into the onstte landfill. Underfederal requirements, the Site is considered an Area of Contamination (AOC) andtherefore, movement within or consolidation of ccrrtaminants within the AOC would notconstitute placement or "disposal" within the meaning of the Land Disposal Restrictions(LDRs). Therefore, when the ROD was issued, the federal LDR regulations were notconsidered to be an ARAR for this Site. However, State requirements do not allow for anAOC and PADER contends that the consolidation of waste into the on-sfte landfillconstitutes "disposal" within the meaning of 25 PA Code § 264.1 (b)(1) and that the RODhas, therefore, unlawfully failed to recognize certain provisions of 25 PA Code Chapter264 as ARARs. See PADER Amended Comments Concerning the Complaint andConsent Decree in the Matter of: United States v. Alderman Dow Iron & Metal Co.. Inc..et al.. Civil Action No. 3:93-1676, dated December 13, 1993. The landfill designrequirements of Chapter 264.300 et seq. cited by PADER will be discussed separatelybelow.

AR30U52

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(a). Double iner regulation: The landfill at the Site is an existing single lined unitthat is two-thirds full of hazardous waste. PADER contends that the ROD should haverecognized 25 PA Code § 264.302(a) as an ARAflrlthd hence the double linerrequirements are triggered because of the disposal of additional waste into the landfill.

Conclusion: In the circumstances of this case, EPA has determined that the double linerrequirement in 25 PA Code § 264.302(a) is an ARAR for this response action. However,EPA has determined that this requirement should be waived pursuant to Section121(d)(4) of CERCLA, 42' U.S.C. § 9621 (d)(4), and the NCP, 40 C.F.R. §300.430(0(1) (if) (C). EPA's rationale is as follows: .

» The objective of the double liner requirement is to ensure that the waste in thelandfill is contained and prevented from contaminating the surrounding soil andgroundwater. The landfill is presently lined with a butyl rubber liner. Underexisting conditions, the ability of the liner to prevent migration of the landfillleachate to the surrounding soil and groundwater is suspect In order to assessif groundwater conditions have changed since the Remedial Investigation, this ESDrequires that during remedial design an additional monitoring well be installed tothe north of MW-15S/15D to properly assess the shallow overburden aquifer as itflows beneath the landfill. The groundwater sampling during remedial design shalldetermine the existing water quality conditions and provide a baseline forevaluating the effectiveness of the remedial action.

The remedial action selected in the Record of Decision (ROD) requires closure ofthe landfill. Proper closure requires the installation of a cap, upgrade and/orinstallation of a leachate detection system, and a long term groundwatermonitoring network. In the event that groundwater monitoring results revealcontamination in the long term monitoring wells, 25 PA Code § 264.99 requires acorrective action program to abate the groundwater contamination. The remedialaction selected in the ROD as amended by the actions proposed in this ESD willattain a standard cf "performance that is equivalent to the double liner requirementunder the Pennsylvania Hazardous Waste Regulations. However, at the dose ofthe Remedial Design phase, EPA will make a determination, of which EPA will givenotice to PADER, whether the response action wiU or will not attain a standard ofperformance that is equivalent to the double liner requirement if EPA determinesthat an equivalent standard of performance to the double liner requirement will notbe met, EPA win amend the ROD to consider other%tematives, as appropriate.

For the foregoing reasons, EPA determines that the ROD will not be changed torequire the construction of a secondary liner beneath the waste in the landfill.

&R3dl»522

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£»»—.__ — S

asss.—.' '- co.7 "M ™;and """

Sa£Sw3SS6Si2s?~.__

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waste is not in direct contact with the groundwater. This response action will attaina standard of performance that is equivalent to the groundwater isolation distancerequirement under the Pennsylvania Hazardous Waste Regulations. Although theregulation excludes use of artificial systems, in this case, use of such systemprovides an equivalent protection because the five year review under Section121 (c) of CERCLA, 42 U.S.C.§ 9621 (c), and operation and maintenance activitieswill ensure that the system is maintained. At the dose of the Remedial Designphase, EPA will make a determination, of which EPA will give notice to PADER,whether the installation of a manmade groundwater discharge, rerouting ordewatering system will achieve an equivalent standard of performance which will,at a mimimum, prevent contact between the waste in the on-site landfill andgroundwater during any part of the hydrologic cyde. If at the dose of theRemedial Design, the data gathered during the Remedial Design does notdemonstrate that an equivalent standard of performance will be met, EPA willamend the ROD to consider other alternatives, as appropriate.

(c). Grading and Terracing Regulation: PADER contends that the ROD shouldhave recognized 25 PA Code § 264.301 as an ARAR and hence should have requiredthat the final grading and terracing of the landfill be in compliance with the requirementsof that regulation. PADER is correct that the ROD did not recognize this regulation as anARAR at this Site.

*

After careful reconsideration, EPA has determined that the grading and terracingrequirements set forth in 25 PA Code § 264.301 should be recognized as ARARs at thisSite. This regulation is either applicable to the landfill or relevant and appropriate to theresponse action set forth in the ROD. EPA nevertheless has determined that this ARARshould be waived pursuant to Section 121 (d)(4) of CERCLA, 42 U.S.C. § 9621 (d)(4), andthe NCP, 40 C.F.R. § 300.430(f)(1)(ii)(C), for the following reasons:

• The ROD is hereby darified to require that a geotechnical study be performedduring remedial design to ensure that the existing slopes of the landfill maywithstand the additional loading of the consolidated on-site waste to be added andinstallation of an appropriate cover system. The geotechnicai and static stabilityevaluation of the onsite landfill shall be based on the future predicted loading.These evaluations will determine whether there is adequate capacity in the onsitelandfill for the disposal of stabilized and unstabilized waste materials from the Siteas well as the addition of the cover system.

Preservation of the existing slopes would eliminate the need to extend slopes onthe northern and eastern embankments beyond property boundaries into theexisting culm banks, owned and operated by Panther Creek Partners, and on thesouthern embankment into the Nesquehoning Creek. Pursuant to § 264.301 (6)final landfill grades may not exceed 25% without approval of the Department EPAwill require that, to the extent necessary to ensure their stability, the landfill

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embankments will be strengthened or otherwise stabilized to ensure long-termstability. The ROD is darified to require that the slopes of the landfill be stabilizedsuch that they will attain a standard of performance for stability and erosion controlthat is equivalent to the grading and terracing requirements set forth in 25 PACode § 264.301 of a final grade of 25%, in order to prevent waste from beingexposed to the environment through erosion of the exterior surface or decreasesin stability caused by additional loading or other events which create landfillinstability. EPA be/ieves that this response action will attain an equivalent standardof performance, as demonstrated by best engineering practices and methods andin compliance with 25 PA Code Section 264.304, of a final grade of 25% and canbe achieved using best engineering practices and property designed engineeringmaterials. Section 121(d)(4)(D) of CERCLA, 42 U.S.C. § 9621 (d)(4)(D), and 40C.F.R. § 300.430(f)(1)(ii)(C)(4). At the dose of the Remedial Design phase, EPA willmake a determination, of which EPA will give notice to PADER whether thesupplementary structures and/or any exterior retaining wall designed pursuant tothis ESD will achieve an equivalent standard of performance which will, at amlmimum, assure that additional loading on the landfill will not create stabilityproblems, and ensure a mimimum safety factor of 1.5. If at the dose of theRemedial Design, EPA determines that an equivalent standard of performance tothe grading and terradng requirement will not be met, EPA will amend the RODto consider other alternatives, as appropriate.

2. The Pennsylvania ReskJuaf Waste Reputations: PADER contends that the RODlawfully failed to recognize certain of Pennsylvania's Residual Waste Regulations asRs for the response action selected in the ROD. The Pennsylvania Residual Waste

Regulations are set forth at 25 PA Code §§ 287.1-299.232. The requirements in 25 PACode 288 relate, inter alia to liner, subbase and leachate detection zone, in addition tosetting forth where residual waste landfills are prohibited (see §§ 288.531,532, 533, 534,535, 621, and 622). PADER is correct that tne ROD did not recognize tne PennsylvaniaResidual Waste Regulations as ARARs for the response action selected in the ROD.

Upon reconsideration, EPA believes that Pennsylvania's Residual WasteRegulations, (25 PA Code § 287.1-299.232) are applicable to the contaminated materialswith lead levels below 10,000 mg/kg that are not a hazardous waste under RCRA.Pennsylvania's Residual Waste Regulations are also relevant and appropriate to thecontaminated materials above the 10,000 mg/kg action level which have been treated soas not to leach at levels considered hazardous under Pennsylvania's Hazardous WasteRegulations. Pennsylvania's Residual Waste regulations at 25 PA Code § 287.2(0 indicatethat "If residual waste is disposed, processed or treated at a hazardous waste treatment,storage or disposal unit at a facility, it shall be managed as a hazardous waste at that unitunder Article VII (relating to hazardous waste management) rather than as a residualwaste under this article..."

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^ However, because the Pennsylvania Hazardous Waste Regulations are beingwaived, (see point No. 1 above), the Residual Waste Regulations have been consideredas set forth above.

In the circumstances of this case, EPA has determined that the Residual WasteRegulations are ARARs. However, EPA has determined that the regulations should bewaived pursuant to the Section 121(d)(4) of CERCLA, 42 U.S.C. § 9621 (d) (4), and theNCP, 40 C.F.R. § 300.430(0(1)(ii)(C). EPA's rationale is as follows:

* The response action selected in the ROD will attain a standard of performancethat is equivalent to that required under the Pennsylvania Residual WasteRegulations. At the dose of the Remedial Design phase, if data reveals theminimum distance set forth in the groundwater isolation distance requirementregulation is not present at the landfill, a demonstration will be made that it isfeasible to keep all water from coming in contact with the waste through theinstallation of a manmade groundwater discharge system, rerouting or dewateringsystem. Section 121(d)(4)(D) of CERCLA, 42 U.S.C. § 9621 (d)(4)(D), and 40C.F.R. § 300.430(0 (1)(ii)(C)(4). However, if it b determined that the installation ofa manmade groundwater discharge, rerouting, or dewatering system will not keepall water from coming into contact with the waste in the landfill, EPA will amend theROD to consider other alternatives, as appropriate.

For the foregoing reasons, EPA determines that the ROD will not be changed to requirecompliance with each requirement set forth in the Pennsylvania Residual WasteRegulations.

3. General. In the ROD, EPA refers to Pennsylvania's "federally authorized"requirements. In Section VIII.B of the ROD, pages 58-59 (Comparative Analysis ofAlternatives, Compliance with ARARs), EPA indicates that major ARARs identified for theSite indude: "1. The closure of the onsite landfill will comply with the federally authorizedPennsylvania hazardous waste requirements, 25 PA Code Chapter 264,... 5, The handlingand onsite consolidation/disposal of scrap materials and drums containing plastic willcomply with the federally authorized Pennsylvania requirements for waste piles set forthin 25 PA Code Chapter 264. & The transport and resource recovery of battery casingsand wastes to an offsite secondary lead smelter will comply with...and the federallyauthorized Pennsylvania requirements for hazardous waste handling and transportation,25 PA Code Chapters 262 and 263. 12. The handling and onsite treatment of soils andcertain battery wastes wW comply with the federally authorized Pennsylvania requirementsfor generators of hazardous waste, 25 PA Code Chapter 262. 13. Treatment of soils viastabilization will comply with the handling, transportation and other standards of thefederally authorized Pennsylvania requirements, 25 PA Code Chapters 262,263, and 264."

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Section IX of the ROD (selected Remedy), page 64, states as follows: "5, Closure ofthe onsrte landfill in accordance with the federally authorized Pennsylvania (RCRA)hazardous waste requirements..." On page 68 of the ROD: 'The onsrte landfill shall beclosed in accordance with the federally authorized Pennsylvania RCRA hazardous wasterequirements." In Section 1X.B of the ROD (Selected Remedy, Performance Standards),page 68: "Long-term groundwater monitoring, as required by the federally authorizedPennsylvania RCRA requirements for landfill dosure (25 PA Code Chapter 264)..."

Upon reconsideration, EPA has determined that such Pennsylvania regulations shouldhave been cited without reference to being the "federally authorized" regulations. Thatis, the reference to such ARARs should have been to 25 PA Code and its appropriatechapter. The federally authorized Pennsylvania regulations at 25 PA Code were notPennsylvania's current regulations at the time of ROD issuance. Since the ROD wassigned on September 30, 1992, the 25 PA Code that applies is that in effect at the time(Feb. 10,1990,20 Pa. Bulletin 909). (The "federally authorized" Pennsylvania regulationscited in the ROD are the correct federal RCRA regulations for the Site, however.) Thisparagraph is not intended to modify the discussion above wrth respect to either thePennsylvania Hazardous. Waste Regulations or the Pennsylvania Residual WasteRegulations.

4- Cover system: The ROD requires (page 64) that the cap on the.landfill shallconsist of "...and cover of the landfill with a cap having a permeability cover of less than1x10-7 cm/sec." The ROD is hereby clarified to require that this cap be consistent withie guidance document, Final Covers on Hazardous Waste Landfills and Surface

undments. EPA 530-SW-89-047, July 1989. The guidance document is a To BeConsidered (TBC) under the pertinent EPA guidance document fCERCLA Compliancewrtn Other Laws Manual:Part 1 (OSWER Directive 9234.1-01)). This recommended designsatisfies the requirements of 25 PA Code § 264.310 for the final cover system. Therecommended design from top to bottom indudes: a top layer consisting of a vegetativecomponent and a soil .component; a soil drainage layer; and a two component lowpermeability layer consisting of a Flexible Membrane Liner/soil composite. Optional layersthat may be used indude a gas vent layer and a biotic barrier layer.

5. Closure: A/though EPA believes that the following is required under the RODremedy as part of closure under 25 PA Code § 264.310, EPA provides the following fordarification:

Pursuant to PA Code 25 § 264.310(5) (iv), the cover system in conjunction with thecap shall also accommodate settling and subsidence of the landfill so that the cover'sintegrity is maintained. In order to ensure that settling and subsidence is minimized afterthe cap is in place, dewatering the standing water as well as the waste is required, ft hasbeen determined that the standing water will be handled as a stormwater discharge andwill be treated to NPDES discharge limits provided by PADER at the onsite stormwatertreatment system and discharged to the Nesquenoning Creek. Since the leachate

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generated from dewatering the waste is considered a different waste stream than thestanding water in the landfill, NPDES discharge limits will be requested from PADER priorto discharge in the Nesquehoning Creek. However, if onsite treatment is not adequateto attain the required discharge limits, then the leachate will be transported offsite forproper treatment and disposal in accordance with applicable requirements of 25 PA Code§ 262 Subchapter A (relating to hazardous waste determination and identificationnumbers), B (relating to manifesting for offsite shipments of hazardous waste), and C(relating to transporters of hazardous waste).

6. Technical issues Appendix: During the negotiations for the RemedialDesign/Remedial Action Consent Decree, darifications were made for the responsibleparties with respect to the Record of Decision (ROD). The darifications were detailed ina Technical Issues Appendix to the Consent Decree. Based on comments received fromPADER, darifications are provided below with respect to the following:

(a). PADER commented that ROD Element No. 1 specifically states that "batterycase material" is to be shipped off-site for recyding at a secondary lead smelter and thatno provisions are made in the ROD for on-site disposal of "battery case materials."EPA clarified this element in the Technical issues Appendix to address battery casematerial which is deemed unacceptable for recyding by the secondary lead smelter (i.e.the "interface" of soil and battery casings which does not contain adequate lead contentor is not acceptable for processing through the secondary lead smelter under criterianormally applied by the facility).

PADER also commented about an unspecified treatment technology to be used withrespect to ROD Element No. 1. The Technical Issues Appendix states the following:"Battery Case material not accepted for recyding shall be disposed of in the onsite landfillprovided there is adequate space and any battery case material with lead concentrationsabove 10,000 mg/kg shall be consolidated within the onsite landfill only after the materialsare a) first treated so that residual lead contamination is less than 10,000 mg/kg or b) arefirst stabilized in accordance with the requirements set forth at pp. 66-67 of the ROD withrespect to ROD Element No. 2.

This ESD sets forth the following change:

Battery Case material not accepted for recyding may be considered for consolidation inthe onsrte landfill provided the following conditions are satisfied: a) materials are firststabilized 'm accordance with the requirements set forth at pp. 66-67 of the ROD withrespect to ROD Element No. 2. If treatabffity studies show that stabization bunsuccessful then the fotowing may be considered b) an alternative treatment tostabilization may be considered so that the treated material passes the toxicjty testHowever, treatabffity studies are required pncr to the approval of atterriative treatment byEPA in consultation with PADER

8

AR3Ql*528

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If EPA in consultation with PADER determines that the treatment alternatives studied arenot effective, then material will be disposed of offsfte jry»rnpiiance with all applicableregulations, Section 121(d)(3) of CERCLA and OSWERwIctive 9834.11.

NOTE: This change shall also apply to (1) crusher building dusts, 2) sediments andbattery fragments in stormwater collection piping and onsite sumps, and 3) drums ofmelted plastic.

t

(b). PADER commented that ROD Element No. 8 states that non-structuralcomponents of the on-site buildings, equipment and debris will be decontaminated only,not consolidated in the onsite landfill.

ROD Element No. 8 (page 65) states the following: "Decontamination of Site buildings viaeither vacuuming or washing, induding dismantling of non-structural components andremoval of equipment and debris which may inhibit thorough decontamination." Theperformance standards in the ROD (page 71) state "Decontamination of Site buildings viaeither vacuuming or washing, induding dismantling of non-structural components anddebris which may inhibit thorough decontamination. If the buildings are dismantled, thedebris will be handled in accordance with RCRA."

EPA further darified this element in the Technical Issues A Appendix by stating that LandDisposal Restrictions ("LDRs") do not apply to the dismantled debris because LDRs arenot considered to be ARARs at this Site. Under federal regulations, consolidation in theon-site landfill is allowed because EPA determined in the ROD (pages 75-76) that 40C.F.R. §268 (Land Disposal Restrictions) were not an ARAR because movement is withinthe area of contamination (AOC) and does not constitute placement. However, and asdiscussed in Section C.1 above, Pennsylvania requirements do not allow for an AOC andtherefore, PADER contends that the consolidation of the dismantled debris in the on-sitelandfill constitutes "disposal" within the meaning of 25 PA Code § 264.1 (b)(1). Seediscussion in C.1 above on the waiver of this requirement pursuant to Section 121 (d)(4)Of CERCLA, 42 U.S.C. S 9621 (d)(4) and the NCP, 40 C.F.R. § 300.430(0(1)00(C). Themain purpose of the Technical Issues Appendix with respect to this element was to clarifythat if the buildings are dismantled, the engineering integrity of consolidating suchmaterial in the landfill must be evaluated and presented to EPA for approval, afterconsultation with PADER.

c) PADER commented that ROD Element No. 4 aJtowec br a deanup standard forstream sediments of 300 mg/kg which was inconsistent with the requirements of the ROD.

The ROD (page 67-68) requires the following: Additional sampling and characterizationof impacted sediments and surface water in Bear and Nesquehoning Creeks shall becompleted during remedial design. Biosassays, preferably using Hyalleia azteca, shallbe completed to determine an appropriate deanup level for creek sediments. Once asediment deanup level is established, subject to approval of EPA in consultation with

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PADER, all sediments exceeding this level will be excavated from Bear and NesquehoningCreeks and disposed in the onsite landfill. Sediments will be removed by either handexcavation or by using hydraulic vacuums.

The negotiated Consent Decree and attached Technical Issues Appendix further darifiedcertain ROD requirements. As a result, the following was negotiated with the PotentiallyResponsible Parties during Consent Decree negotiations: In lieu of performing theliterature search and bioassays, the Settling Defendants have the option of excavating allstream sediments impacted by the site which exceed 300 ppm lead.

EPA developed the sediment cleanup level in consultation with the EPA BiologicalTechnical Assistance Group (BTAG) during the RD/RA negotiations because sedimentbioassays at this site were likely to be problematic. Although the stream sediment hasbeen impacted by the Tonolii Corporation Site, the Bear and Nesquehoning Creeks arealso impacted by. an offsite source such as the coal mine waste to the north of the Sitewhich is beyond the extent of this remedial action.

The deanup level determined during RD/RA negotiations, was based on a review ofNOAA's publication entitled, The Potential for Biological Effects of Sediment-SorbedContaminants Tested in the National Status and Trends Program and The ApparentEffects Threshold Approach. The action level of 300 ppm was selected based onreferenced information that probable effects were always observed at concentrationsabove 300 mg/kg lead: However, EPA believes that conventional dredging will reducecontamination to levels well below the target deanup level of 300 mg/kg lead. In addition,if the lead contamination in the sediment exceeds this level or is found not to beprotective at the five year review, additional remedial activity may be implemented.

D. Affirmation of Statutory Determinations

Considering the new information that has been developed and the changes that havebeen made to the selected remedy, EPA believes that the remedy, as modified by thisESD, remains protective of human health and the environment complies with Federal andState requirements that are applicable or relevant and appropriate to this remedial action,and is cost-effective. In addition, the revised remedy utilizes permanent solutions andalternative treatment (or resource recovery) technologies to the maximum extentpracticable for this Site.

E. Support Aoencv Comments

Nothing in this ESD shall be deemed to waive or nullify any rights that the CommonweaJthof Pennsylvania may have under Sections 121 (e)(2) and 121 (0(2) of CERCLA, 42 U.S.C.§1 9621 (e) (2) and 9621(0(2). EPA acknowledges that the CommonweaJth of

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Pennsylvania has whatever rights are provided for by Sections 121 (e)(2) and 121 (f)(2) ofCERCLA, 42 U.S.C. §§ 9621 (e) (2) and 962t (f) (2).

F. Pubfc Participation Activities

This proposed ESD is being released for a 30 day public comment period. Thenotice of trie proposed ESD, with a summary of the ESD, induding the reasons for suchdifferences, is being published in the Times News, pursuant to Section 117(c) of CERCLA,42 U.S.C. § 9617(c), and 40 C.F.R § 300.435(c)(2)(i)(B).

This ESD will become part of the administrative record file for this Site and the recordis available for review at the two locations identified below:

Nesquehoning Borough427 West Catawissa Street

Nesquehoning, Pennsylvania 18240(717)669-9588

Hours: 8:00 a.m. to 4:00 p.m.Monday through Friday

United States Environmental ProtectionAgency, Region 111

841 Chestnut BuildingPhiladelphia, Pennsylvania 19107

(215) 597-3037Hours: 8:30 a.m. to 5:00 p.m.Monday through Friday

EPA's responses to comments received .during the public comment period will beaddressed in a Responsiveness Summary, which wiU become part of this ESD and willbecome part of the administrative record file. Any additional comments concerningthis final document will also become part of the administrative record file.

All comments on this proposed ESD should be directed to:

Unda Dietz (3HW24)Remedial Project Manager ,

U.S. Environmental Protection AgencyRegion 111

841 Chestnut BuildingPhiladelphia, PA 19107 ,

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Ch. 288 RESIDUAL WASTE LANDFILLS 25 § 288.234

(f) Areas on which intermediate cover has been placed, and on whichneither waste nor final cover is placed within 30 days thereafter, shall betemporarily revegetated and otherwise protected against erosion andsedimentation under § 288.236. and other applicable requirements.(g) Intermediate slopes constructed during daily landfilling activities

may not exceed -50%. Intermediate slopes shall be covered, compactedwith 1 foot of intermediate cover material and revegetated to controlerosion.

> Cross ReferencesThis section cited in 25 Pa. Code § 288.141 (relating to compaction and cover plan).

§ 288.234. Final cover and grading.(a) Except as provided in subsection (b), the operator shall provide

final cover in the following manner:(1) A cap consisting of a uniform and compacted 2-foot layer of

clay shall be placed and graded over the entire surface of each final lift.The Department may approve, in the permit, synthetic material of thetype and specifications set forth for primary liners in § 288.436 (relatingto primary liner) and for caps in Appendix A, Table II (relating tominimum liner design standards) in lieu of the 2-foot layer of clay. Thecap may be no more permeable than 1.0 x 10-7 cm/sec.(2) A drainage layer capable of transmitting flow and preventing

erosion of the soil layer shall be placed over the cap.(3) A uniform layer of material 'shall be placed over the drainage

layer. The layer of material shall support vegetation and protect thecap.(b) The Department may waive or modify the cap and drainage layer

requirements of subsection (a)(l) and (2) based on a demonstration that itis not necessary to limit infiltration into the waste.(c) The operator shall place final cover within 1 year after disposal in

the final lift ceases or as soon thereafter as weather permits, unless theDepartment, in the permit, allows a later period based on a demonstrationthat a later period is necessary to protect the fep and drainage layer fromdifferential settlement of waste at the facility. The Department will notallow a later period unless, at a minimum, delayed installation will notcause or allow violations of this article, the act or the environmentalprotection acts.(d) The layer of material described in subsection (a)(3) shall meet the

following performance standards. The layer shall:(1) Prevent vectors, odors, blowing litter and other nuisances.(2) Cover solid waste after it is placed without change in its

properties and without regard to weather.

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25 § 288.234 ENVIRONMENTAL RESOURCES Pt. I

(3) Be capable of allowing loaded vehicles to successfully maneuver (over it after, placement.(4) Be noncombustible.(5) Be capable of preventing frost damage to the cap.(6) Be capable of supporting the germination and propagation of

vegetative cover as required by §§ 288.236 and 288.237 (relating to /revegetation; and standards for successful reyegetation). ((7) Not crack excessively when dry.

(e) Unless alternative design requirements to meet the performancestandards in subsection (d) are approved as part of the permit under§ 287.231 (relating to equivalency review procedure) the layer of materialdescribed in subsection (a)(3) shall meet the following design require-ments: . "

(1) The cover soil shall fall within the United States Department ofAgriculture Textural Classes of sandy loam, loam, sandy clay loam,silty clay loam, loamy sand and silt loam as defined in the Soil SurveyManual published by the United States Department of Agriculture, SoilConservation Service (available from the Department or the NortheastNational Technical Center of the Soil Conservation Service, 160 E. 7thStreet, Chester, Pennsylvania 19013-6092).(2) At least 40% by weight of the cover soil shall be capable of /

passing through a 2 millimeter, No. 10 mesh sieve. . (.(3) The combustible or coal content of the cover may not exceed

12% by weight.(4) The cover may not include rocks that are greater than 6 inches in

diameter. ,*(5) The layer of cover soil shall be at least 2 feet in thickness.

(f) The grade of final slopes shall be designed, installed and main-tained to accomplish the following:

(1) Ensure permanent stability.(2) Control erosion due to rapid water velocity and other factors.(3) Allow compaction, seeding and revegetation of cover material

placed on the slopes.(4) Ensure minimal infiltration and percolation of precipitation,

surface water run-on and runoff into the disposal area.(g) Unless the Department authorizes a different slope design in the (

permit based on a demonstration that the different design can meet therequirements of subsection (f), slopes shall be designed, installed andmaintained as follows:

(1) The grade of the final surface of the facility may not be less than3%.(2) If the Department approves final grades of more than 15%: (

288-34(170828) No. 216 NOV. 92 Copyright © 1992 Commonwealth of Pennsylvania

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Ch. 288 RESIDUAL WASTE LANDFILLS 25 § 288.235

(i) The operator shall construct a horizontal terrace at least 15 feetwide on the slope for every 25 feet maximum rise in elevations on theslope. The terrace width shall be measured as the horizontal distancebetween slope segments.

(ii) The gradient of the terrace shall be 5% into the landfill.(iii) Drainage ditches shall be constructed on each horizontal

terrace to convey flows.(3) An operator may not leave final slopes that have a grade

exceeding 33%, including slopes between benched terraces.

Cross ReferencesThis section cited in 25 Pa. Code § 288.141 (relating to compaction and cover plan); and

25 Pa. Code § 288.231 (relating to topsoil storage).

§ 288.235. Noncontiguous borrow areas.Extraction and removal of cover and related material from offsite

borrow areas shall be subject to a permit from the Department under theNoncoal Surface Mining Conservation and Reclamation Act (52 P. S.§§ 3301—3326), The Clean Streams Law and regulations promulgatedthereunder, including Chapter 102 (relating to erosion control). Borrowareas located less than 300 feet from the disposal area shall be included inthe permit area for the disposal facility as part of the permit applicationunder this article.

§ 288.236. Revegetation.(a) Vegetation shall be established on land affected by a residual waste

landfill. '•(b) Revegetation shall provide for an effective and permanent vegeta-

tive cover of the same seasonal variety as vegetation native to the site andcapable of self-regeneration and plant succession. Introduced species maybe used when desirable and necessary to achieve the approved postclosureland use. Vegetative cover shall be considered of the same seasonal varietywhen it consists of a mixture of species that is of equal or superior utilityto native vegetation during each season of the year.(c) Revegetation shall provide a quick-germinating, fast-growing vege-

tative cover capable of stabilizing the soil surface from erosion.(d) Disturbed areas shall be seeded and planted when weather and

planting conditions permit, but the seeding and planting of disturbedareas shall be performed no later than the first normal period forfavorable planting after final grading.(e) Fertilizer and lime shall be applied to disturbed areas as necessary

to maintain plant growth.

288-35(170829) No. 216 Nov. 92