Administrative Code

Virginia Administrative Code
6/19/2021

Part III. Solid Waste Disposal Facility Standards for Sanitary Landfills, Construction/Demolition/Debris (Cdd) Landfills, and Industrial Waste Landfills

9VAC20-81-100. General.

A. Any person who constructs, or operates any solid waste disposal facility, not otherwise exempt under 9VAC20-81-35 D, shall comply with the requirements of this part. Further, all applications for permits pursuant to these standards shall demonstrate specific means proposed for compliance with requirements set forth in this part.

B. All solid waste disposal facilities shall be maintained and operated in accordance with the permit issued pursuant to this regulation, and in accordance with the approved design and intended use of the facility.

C. Hazardous wastes shall not be disposed of or managed in solid waste disposal facilities subject to this regulation unless specifically authorized by the facility permit or the director.

D. A solid waste management facility regulated under Part IV (9VAC20-81-300 et seq.) of this chapter will become subject to the closure and postclosure care standards contained in this part if solid waste will remain after the closure of such a facility.

E. Control program for unauthorized waste.

1. All landfills are required to implement a control program for unauthorized waste in accordance with the provisions of this section. A written description of the program will be placed in the operating record. Additional provisions for sanitary landfills required in subdivision 5 of this subsection are required to be placed in the landfill's operating record. The owner or operator shall institute a control program (including measures such as signs at all maintained access points indicating hours of operation and the types of solid waste accepted and not accepted, monitoring, alternate collection programs, passage of local laws, etc.) to assure that only solid waste authorized by the department to be treated, disposed of, or transferred at the landfill is being treated, disposed of, or transferred at that landfill. The owner or operator must develop and implement a program to teach the landfill's staff to recognize, remove, and report receipt of solid waste not authorized by the department to be treated, disposed of, or transferred at the landfill.

2. If unauthorized waste is observed in the waste delivered to the facility prior to unloading, the owner or operator may refuse to accept the waste. If the owner or operator has accepted the waste, the owner or operator shall remove it, segregate it, and provide to the department a record identifying that waste and its final disposition. Records of each incident shall be available for department review. Any unauthorized waste accepted by the owner or operator shall be managed in accordance with applicable federal or state laws and regulations.

3. Solid waste not authorized by the department to be treated, disposed of, or transferred at the landfill that is segregated shall be adequately secured and contained to prevent leakage or contamination of the environment. The solid waste management facility owner or operator shall have the unauthorized waste removed or properly managed as soon as practicable, but not more than 90 days after discovery. Removal shall be by a person authorized to transport such waste to a waste management facility approved to receive it for treatment, disposal, or transfer.

4. Each noncaptive landfill receiving waste generated outside Virginia shall include provisions in the landfill's unauthorized waste control program for notifying customers outside of Virginia of Virginia's requirements and for preventing the acceptance of prohibited wastes. Each noncaptive landfill shall comply with the same increased random inspection provisions presented for all such landfills in subdivision 5 of this subsection, as applicable.

5. The owner or operator of all landfills (other than captive industrial landfills) shall implement an inspection program to be conducted by landfill personnel to detect and prevent disposal of those wastes prohibited in 9VAC20-81-40 and 9VAC20-81-140. In addition to implementing the requirements of the control program for unauthorized waste in this subsection, the program shall include, at a minimum:

a. The procedures for the routine monitoring and observation of incoming waste at the working face of the landfill;

b. The procedures for random inspections of incoming loads to detect whether incoming loads contain regulated hazardous wastes, PCB wastes, regulated medical waste, or other unauthorized solid waste and ensure that such wastes are not accepted at the landfill. The owner or operator shall inspect a minimum of 1.0% of the incoming loads of waste. In addition, if the facility receives waste generated outside of Virginia and the regulatory structure in that jurisdiction allows for the disposal or incineration of wastes as municipal solid waste that Virginia's laws and regulations prohibit or restrict, the facility shall inspect a minimum of 10% of the incoming loads;

c. Records of all inspections, to include at a minimum time and date of the inspection, the personnel involved, the hauler, the type of waste observed, the identity of the generator of the waste if it can be determined, the location of the facility where the waste was handled prior to being sent to the landfill, and the results of the inspection. All records associated with unauthorized waste monitoring and incidents shall be retained onsite for a minimum of three years and shall be available for inspection by the department;

d. Training of landfill personnel to recognize and manage regulated hazardous waste, PCB wastes, regulated medical waste, and other unauthorized solid wastes;

e. Notification to the department if a regulated hazardous waste, PCB waste, regulated medical waste, or other unauthorized waste is discovered at the landfill. This notification will be made orally as soon as possible, but no later than 24 hours after the occurrence and shall be followed within five working days by a written report that includes a description of the event, the cause of the event, the time and date of the event, and the actions taken to respond to the event; and

f. All regulated medical waste, PCB waste, or other unauthorized solid waste that are detected at a landfill shall be isolated from the incoming waste and properly contained until arrangements can be made for proper transportation for treatment or disposal at an approved facility.

Statutory Authority

§ 10.1-1402 of the Code of Virginia; 42 USC § 6941 et seq.; 40 CFR Part 258.

Historical Notes

Derived from Virginia Register Volume 27, Issue 12, eff. March 16, 2011.

9VAC20-81-110. Applicability.

A. Sanitary landfills. Sanitary landfills may receive only nonhazardous solid waste unless there are other wastes specifically authorized by the landfill permit.

B. Construction/demolition/debris (CDD) landfills. CDD landfills may only receive demolition waste, construction waste, debris waste, land-clearing debris, split tires, and white goods. No other wastes are authorized for the CDD landfill except industrial waste specifically authorized by the landfill permit.

C. Industrial waste disposal facilities. Industrial waste disposal facilities may only receive nonhazardous industrial waste and are subject to design and operational requirements dependent on the volume and the physical, chemical, and biological nature of the waste. No other wastes are authorized for the industrial waste landfill except construction, demolition, and debris waste specifically authorized by the landfill permit. Coal combustion residual landfills are a specific type of industrial landfill and must meet the requirements in Part VIII (9VAC20-81-800 et seq.) of this chapter in addition to industrial landfill requirements found in Part III (9VAC20-81-100 et seq.) and Part V (9VAC20-81-400 et seq.) of this chapter.

Statutory Authority

§ 10.1-1402 of the Code of Virginia; 42 USC § 6941 et seq.; 40 CFR Parts 257 and 258.

Historical Notes

Derived from Virginia Register Volume 27, Issue 12, eff. March 16, 2011; amended, Virginia Register Volume 32, Issue 9, eff. January 27, 2016.

9VAC20-81-120. Siting requirements.

The siting of all new sanitary, CDD and industrial landfills shall be governed by the standards set forth in this section.

A. Floodplains. No new landfill shall be sited in a 100-year floodplain.

B. Stable areas. New landfills shall be sited in geologically stable areas where adequate foundation support for the structural components of the landfill exists. At a minimum, factors to be considered when determining stable areas shall include:

1. Onsite or local soil conditions that may result in differential settling and subsequent failure of structural components or containment structures; and

2. Onsite or local geological or manmade features or events that may result in sudden or nonsudden events and subsequent failure of structural components or containment structures.

C. Restrictions (distances are to be measured in the horizontal plane).

1. No disposal unit or leachate storage unit shall be closer than:

a. 200 feet from any residence, school, daycare center, hospital, nursing home, or recreational park area in existence at the time of application;

b. 100 feet from any perennial stream or river;

c. 50 feet from the facility boundary;

d. 500 feet from any well, spring, or other groundwater source of drinking water in existence at the time of application; and

e. 1,000 feet from the nearest edge of the right-of-way of any interstate or primary highway or 500 feet from the nearest edge of the right-of-way of any other highway or city street, except the following:

(1) Units that are screened by natural objects, plantings, fences, or other means so as to minimize the visibility from the main-traveled way of the highway or city street, or otherwise removed from sight;

(2) Units that are located in areas that are zoned for industrial use under authority of state law or in unzoned industrial areas as determined by the Commonwealth Transportation Board; or

(3) Units that are not visible from the main-traveled way of the highway or city street.

2. No new landfill shall be constructed in any park or recreational area, wildlife management area, or area designated by the federal or state agency as the critical habitat of any endangered species.

3. Sanitary landfills.

a. No new sanitary landfill area shall be constructed:

(1) Within a one mile upgradient of any existing surface or groundwater public water supply intake or reservoir;

(2) Within three miles upgradient of any existing surface or groundwater public water supply intake or reservoir except as allowed under the provisions of § 10.1-1408.4 B 3 of the Code of Virginia;

(3) In any area vulnerable to flooding resulting from dam failures;

(4) Over a sinkhole or less than 100 feet over a solution cavern associated with karst topography; or

(5) Over a fault that has had displacement in Holocene time.

b. No new sanitary landfill or expansion of an existing sanitary landfill shall be constructed:

(1) Within 200 feet of a fault that has had displacement in Holocene time unless the owner or operator demonstrates to the director that an alternative setback distance of less than 200 feet will prevent damage to the structural integrity of the facility and will be protective of human health and the environment; or

(2) Within seismic impact zones, unless the owner or operator demonstrates to the director that all containment structures, including liners, leachate collection systems, and surface water control systems, are designed to resist the maximum horizontal acceleration in lithified earth material for the site.

D. Groundwater.

1. No new facility shall be located in areas where groundwater monitoring cannot be conducted in accordance with 9VAC20-81-250 unless this requirement is suspended by the director pursuant to subdivision A 1 c of that section. Factors to be considered in determining whether or not a site can be monitored shall include:

a. Ability to characterize the direction of groundwater flow within the uppermost aquifer;

b. Ability to characterize and define any releases from the landfill so as to determine what corrective actions are necessary; and

c. Ability to perform corrective action as necessary;

E. Wetlands.

1. Sanitary landfills.

a. New sanitary landfills and expansions of existing landfills, other than those impacting less than 2.0 acres of nontidal wetlands, shall not be constructed in any tidal wetland or nontidal wetland contiguous to any surface water body.

b. After July 1, 1999, construction at existing permitted facilities (allowed under the provisions of § 10.1-1408.5) only will be allowed with approvals under the provisions of 9VAC25-210. In addition, the demonstration noted in subdivision 3 of this subsection must be made by the owner or operator to the director.

2. New CDD or industrial landfills and expansions of existing CDD or industrial landfills shall not be located in wetlands, unless the owner or operator can make the demonstration noted in subdivision 3 of this subsection.

3. Demonstration.

a. Where applicable under § 404 of the Clean Water Act or § 62.1-44.15:5 of the Code of Virginia, the presumption is clearly rebutted that a practicable alternative to the proposed landfill exists that does not involve wetlands;

b. The construction and operation of the landfill will not:

(1) Cause or contribute to violations of any applicable water quality standard;

(2) Violate any applicable toxic effluent standard or prohibition under § 307 of the Clean Water Act;

(3) Jeopardize the continued existence of endangered or threatened species or result in the destruction or adverse modification of a critical habitat, protected under the Endangered Species Act of 1973; and

(4) Violate any requirement under the Marine Protection, Research, and Sanctuaries Act of 1972 for the protection of a marine sanctuary;

c. The landfill will not cause or contribute to significant degradation of wetlands. The owner or operator shall demonstrate the integrity of the landfill and its ability to protect ecological resources by addressing the following factors:

(1) Erosion, stability, and migration potential of native wetland soils, muds, and deposits used to support the landfill;

(2) Erosion, stability, and migration potential of dredged and fill materials used to support the landfill;

(3) The volume and chemical nature of the waste managed in the landfill;

(4) Impacts on fish, wildlife, and other aquatic resources and their habitat from release of the solid waste;

(5) The potential effects of catastrophic release of waste to the wetland and the resulting impacts on the environment; and

(6) Any additional factors, as necessary, to demonstrate that ecological resources in the wetland are protected;

d. To the extent required under § 404 of the Clean Water Act or applicable Virginia wetlands laws, steps have been taken to attempt to achieve no net loss of wetlands (as defined by acreage and function) by first avoiding impacts to wetlands to the maximum extent practicable as required by subdivision 3 of this subsection, then minimizing unavoidable impacts to the maximum extent practicable, and finally offsetting remaining unavoidable wetland impacts through all appropriate and practicable compensatory mitigation actions (e.g., restoration of existing degraded wetlands or creation of manmade wetlands); and

e. Information is available to enable the department to make a reasonable determination with respect to these demonstrations.

F. Limiting site characteristics.

1. Certain site characteristics may prevent approval or require substantial limitations on the site use or require incorporation of sound engineering controls. Such site characteristics shall be identified and an explanation of precautions necessary to assure compliance with the provisions of this chapter shall be provided. Examples include, but are not limited to:

a. Excessive slopes (greater than 33%);

b. Lack of readily available cover materials on site, or lack of a firm commitment for adequate cover material from a borrow site;

c. Springs, seeps, or other groundwater intrusion into the site;

d. The presence of gas, water, sewage, or electrical or other transmission lines under the site; or

e. The prior existence on the site of an open dump, unpermitted landfill, lagoon, or similar unit, even if such a unit is closed, will be considered a defect in the site unless the proposed unit can be isolated from the defect by the nature of the unit design and the groundwater for the proposed unit can be effectively monitored.

G. Specific site conditions may be considered in approving an exemption of a site from the following:

1. The limiting site characteristics in subsection F of this section for all landfills; and

2. The groundwater monitoring in subsection D of this section for CDD and industrial landfills.

H. Acceptable landfill sites shall allow for adequate area and terrain for management of leachate.

I. Airport safety.

1. Owners or operators of all sanitary landfills that are located within 10,000 feet of any airport runway end used by turbojet aircraft or within 5,000 feet of any airport runway end used by only piston-type aircraft shall demonstrate that the units are designed and operated so that the landfill does not pose a bird hazard to aircraft.

2. Owners or operators proposing to site new sanitary landfill and expansions of an existing landfill within a five-mile radius of any airport runway end used by turbojet or piston-type aircraft shall notify the affected airport and the Federal Aviation Administration (FAA). Owners and operators should also be aware that 49 USC § 44718(d), restricts the establishment of landfills within six miles of public airports under certain conditions. Provisions for exemptions from this law also exist.

J. For CDD landfills located in strip mine pits, all coal seams and coal outcrops shall be isolated from solid waste materials by a minimum of five feet of natural or compacted soils with a hydraulic conductivity equal to or less than 1x10-7 cm/sec.

Statutory Authority

§ 10.1-1402 of the Code of Virginia; 42 USC § 6941 et seq.; 40 CFR Part 258.

Historical Notes

Derived from Virginia Register Volume 27, Issue 12, eff. March 16, 2011.

9VAC20-81-130. Design and construction requirements.

The design and construction of all sanitary, CDD and industrial landfills shall be governed by the standards set forth in this section.

A. Both the landfill capacity (in cubic yards) and the daily disposal limit shall be specified.

B. All facilities shall be surrounded on all sides by natural barriers, fencing, or an equivalent means of controlling vehicular and public access and preventing illegal disposal. All access will be limited by gates, and such gates shall be securable and equipped with locks, except, in the case of industrial disposal sites where the solid waste disposal landfill is on site of the industrial facility where access is limited.

C. All landfill access roads shall be provided with a base capable of withstanding anticipated heavy vehicle loads and shall be all-weather roads extending from the entrance of the landfill to the working face.

D. All facilities, except captive industrial, shall have an adequately lighted and heated shelter where operating personnel can exercise site control and have access to essential sanitation facilities. Lighting, heat, and sanitation facilities may be provided by portable equipment as necessary.

E. Aesthetics shall be considered in the design of a landfill or site. Use of artificial or natural screens shall be incorporated into the design for site screening and noise attenuation. The design shall reflect those requirements, if any, that are determined from the long-range plan for the future use of the site. Noise attenuation shall be less than 80 dBA at the facility boundary.

F. All landfills shall be equipped with permanent or mobile telephone or radio communications except at industrial landfills where other onsite resources are available.

G. Two survey benchmarks shall be established and maintained on the landfill site, and their location identified or recorded on drawings and maps of the landfill.

H. Surface water runoff. Facilities shall be designed to provide and maintain:

1. A run-on control system to prevent flow onto the active portion of the landfill during the peak discharge from a 24-hour, 25-year storm;

2. A run-off control system from the active portion of the landfill to collect and control at least the water volume resulting from a 24-hour, 25-year storm. Run-off from the active portion of the landfill unit shall be handled in a manner that will not cause the discharge of:

a. Pollutants into waters of the United States, including wetlands, that violates any requirements of the Clean Water Act, including, but not limited to, the Virginia Pollutant Discharge Elimination System (VPDES) requirements; and

b. A nonpoint source of pollution to waters of the United States, including wetlands, that violates any requirement of an areawide or statewide water quality management plan that has been approved under § 208 or 319 of the Clean Water Act, as amended; and

3. Drainage structures shall be installed and continuously maintained to prevent ponding and erosion, and to minimize infiltration of water into solid waste cells.

I. A fire break of 50 feet shall be designed between the limits of waste and all tree lines.

J. Bottom liner.

1. Sanitary landfills.

All sanitary landfills shall be underlain by a composite liner system as follows:

a. Subtitle D Liner System.

(1) Base preparation to protect the liner by preventing liner failure through subsidence or structural failure of the liner system.

(2) A lower liner consisting of at least a two-foot layer of compacted soil or augmented soil with a hydraulic conductivity of no more than 1x10-7 cm/sec.

(3) An upper component consisting of a minimum 30 mil flexible membrane liner (FML). If high density polyethylene (HDPE) is used as an FML, it shall be at least 60 mil thick. The FML component shall be:

(a) Installed in direct and uniform contact with the compacted soil liner;

(b) Placed in accordance with an approved construction quality control/quality assurance program submitted with the design plans; and

(c) Placed with a minimum of 2.0% slope for leachate drainage.

b. Alternate Liner System. FML/Geosynthetic Clay Liner (GCL).

(1) The alternate liner system presented below is the minimum that is required under these regulations requiring no demonstration. If additional components to this alternate system are incorporated into the liner design, no demonstration will be required.

(2) A controlled subgrade with a minimum thickness of 12 inches shall be provided immediately beneath the alternate liner. The controlled subgrade shall consist of soils having a Unified Soil Classification of SC, ML, CL, MH, or CH and shall be compacted to a minimum of 95% of the maximum dry density, as determined by ASTM D698 (Standard Proctor). The surface shall be rolled smooth and be free of rocks or stones in excess of 0.75 inches prior to placement of the overlying GCL.

The surface shall be prepared to meet the liner manufacturer's and the installer's specifications. The liner manufacturer's/installer's specifications shall consider compaction, soft areas, proof rolling, maximum grain size, rocks, and other subgrade imperfections that may affect the liner. The liner installer shall provide written acceptance of the subgrade before installing liner on it.

(3) A lower liner consisting of geosynthetic clay liner (GCL) with a hydraulic conductivity of no more than 1x10-9 cm/sec. The GCL shall have appropriate overlap between adjacent panels so as to minimize the risk of panel shrinkage and/or transverse shortening creating panel separation, and be installed with a minimum 12-inch overlap on the panel ends and 6-inch overlap between adjacent panels. If the liner system will be exposed prior to the placement of a protective cover layer for periods in excess of two months, a discussion of the adequacy of the GCL overlap shall be included in the certification report. Granular bentonite shall be spread on all seams prior to placement of overlapping panels, or other means per manufacturer's specifications.

(4) An upper component consisting of a minimum 30 mil flexible membrane liner (FML). If high density polyethylene (HDPE) is used as an FML, it shall be at least 60 mil thick. The FML component shall be:

(a) Installed in direct and uniform contact with the GCL;

(b) Placed in accordance with an approved construction quality control/quality assurance program submitted with the design plans;

(c) Placed with a minimum of 2.0% slope for leachate drainage; and

(d) Leachate collection aggregate/protective cover materials shall be placed as soon as practical following the completion of the FML installation. At a minimum, this material should be placed within three months of final acceptance of the FML surface by the CQA engineer.

c. Additional alternate liner systems.

(1) Additional alternate liner systems may be approved if the owner or operator of the landfill demonstrates to the satisfaction of the director that the proposed alternate liner system design will ensure that the maximum contaminant levels (MCL) promulgated under § 1412 of the Safe Drinking Water Act (40 CFR Part 141) will not be exceeded in the uppermost aquifer at the disposal unit boundary.

(a) The demonstration shall be based on the consideration of the following factors:

(1) The hydrogeologic characteristics of the landfill and surrounding land;

(2) The climatic factors of the area;

(3) The volume and physical and chemical characteristics of the leachate;

(4) The quantity, quality, and direction of flow of groundwater;

(5) The proximity and withdrawal rate of the groundwater users;

(6) The availability of alternative drinking water supplies;

(7) The existing quality of the groundwater, including other sources of contamination and their cumulative impacts on the groundwater, and whether the groundwater is currently used or reasonably expected to be used for drinking water;

(8) Public health, safety, and welfare effects; and

(9) Practicable capability of the owner or operator.

(b) The demonstration shall be supported by the results of a mathematical modeling study based on the EPA MULTIMED model.1 Other models may be used if accompanied by justification describing the reasons for inapplicability of the MULTIMED model.2

1Sharp-Hansen, S., C. Travers, P. Hummel, T. Allison, R. Johns, and W. B. Mills. A Subtitle D Landfill Application Manual for the Multimedia Exposure Assessment Model (MULTIMED 2.0), United States Environmental Protection Agency, Athens, Georgia, 1995.

2For a listing and review of models see Travers, C.L., and S. Sharp-Hansen, Leachate Generation and Migration at Subtitle D Facilities: A Summary and Review of Processes and Mathematical Models, United States Environmental Protection Agency, Environmental Research Laboratory, Athens, Georgia (1991).

2. CDD and industrial landfills.

All landfills shall be underlain by a liner system as follows:

a. Compacted clay:

(1) A liner consisting of at least one-foot layer of compacted soil with a hydraulic conductivity of no more than 1x10-7 cm/sec.

(2) The liner shall be placed with a minimum of 2.0% slope for leachate drainage.

(3) The liner shall be covered with a minimum one-foot thick drainage layer.

b. Synthetic liners:

(1) Synthetic liner consisting of a minimum 30 mil thick flexible membrane. If high density polyethylene is used, it shall be at least 60 mil thick. Synthetic liners shall be proven to be compatible with the solid waste and its leachate.

(2) The liner shall be placed in accordance with an approved construction quality control/quality assurance program submitted with the design plans.

(3) The surface under the liner shall be a smooth rock-free base or otherwise prepared to prevent liner failure.

(4) The liner shall be placed with a minimum of 2.0% slope for leachate drainage.

(5) The liner shall be covered with a 12-inch thick drainage layer for leachate removal and a six-inch thick protective layer placed above the drainage layer, both composed of materials with a hydraulic conductivity of 1x10-3 cm/sec or greater (lab tested).

c. Other liners:

(1) Other augmented compacted clays or soils may be used as a liner provided the thickness is equivalent and the hydraulic conductivity will be equal to or less than that for compacted clay alone.

(2) The effectiveness of the proposed augmented soil liner shall be documented by using laboratory tests.

(3) The liner shall be placed with a minimum of 2.0% slope for leachate drainage.

d. In-place soil:

(1) Where the landfill will be separated from the groundwater by low hydraulic conductivity soil as indicated by laboratory tests, which is natural and undisturbed, and provides equal or better performance in protecting groundwater from leachate contamination, a liner can be developed by manipulation of the soil to form a liner with equivalent thickness and hydraulic conductivity equal to or less than that of the clay liner.

(2) The liner shall be prepared with a minimum of 2.0% slope for leachate drainage. Interior liner slopes of 33% will be allowed provided that adequate runoff and erosion controls are established. All interior slopes shall be supported by necessary calculations and included in the design manual.

e. Double liners required or used in lieu of groundwater monitoring shall include:

(1) Base preparation to protect the liner.

(2) A bottom or secondary liner that is soil, synthetic, or augmented soil as indicated in subdivision 2 a, b, c, or d of this subsection.

(3) A witness or monitoring zone placed above the bottom or secondary liner consisting of a 12-inch thick drainage layer composed of material with a hydraulic conductivity of 1x10-3 cm/sec or greater (lab tested) with a network of perforated pipe, or an equivalent design.

(4) The primary liner as indicated in subdivision 2 a, b, or c of this subsection.

(5) The primary liner will be covered with a minimum 12-inch thick drainage layer and a six-inch thick protective layer, placed above the drainage layer, both composed of materials having a hydraulic conductivity of 1x10-3 cm/sec or greater (lab tested).

(6) A program for monitoring the witness zone shall be established. The program will monitor the quantity and quality of liquids collected from this zone and shall be designed to detect waste constituents most likely associated with the waste accepted at the landfill. The program will also establish a leakage action rate beyond which groundwater contamination will be assessed through a groundwater monitoring program in accordance with 9VAC20-81-250.

f. If five-foot separation from seasonal high ground water can be demonstrated, a separate area may be established to receive only stumps, brush, leaves, and land-clearing debris. Such an area may be constructed without a liner or a leachate collection system, but may not receive any other solid waste.

K. Each site design shall include a decomposition gas venting system or gas management system (see 9VAC20-81-200), except at CDD and industrial landfills if the owner or operator can demonstrate to the department that gas formation is not a concern.

L. Leachate control and monitoring systems are subject to the requirements in 9VAC20-81-210.

M. A groundwater monitoring system shall be installed at all landfills in accordance with 9VAC20-81-250, except for the exemption of double-lined CDD or industrial landfills referenced in this section.

N. Final contours of the finished landfill shall be specified. Design of final contours shall consider subsequent site uses, existing natural contours, surface water management requirements, and the nature of the surrounding area. The final elevation of the landfill shall be limited by the structural capacity of the liner and leachate collection and removal system and by stability of foundation and slopes. The final contour shall not cause structural damage or collapse of the leachate collection system.

O. Finished side slopes shall be designed as set forth in 9VAC20-81-160 D 3 of this part.

P. All landfills shall be constructed in accordance with approved plans, which shall not be subsequently modified without approval by the department.

Q. Construction quality assurance program.

1. General.

a. A construction quality assurance (CQA) program is required for all landfill units. The program shall ensure that the constructed unit meets or exceeds all design criteria and specifications in the permit. The program shall be developed and implemented under the direction of a CQA officer who is a professional engineer.

b. The CQA program shall address the following physical components, where applicable:

(1) Foundations;

(2) Low-hydraulic conductivity soil liners;

(3) Synthetic membrane liners;

(4) Leachate collection and removal systems including an 18-inch protective layer;

(5) Gas management components; and

(6) Final cover systems.

2. Written CQA plan. The owner or operator shall develop and implement a written CQA plan that shall include observations, inspections, tests, and measurements. The plan shall identify steps that will be used to monitor and document the quality of materials and the condition and manner of their installation. The CQA plan shall include:

a. Identification of applicable units, and a description of how they will be constructed;

b. Identification of key personnel in the development and implementation of the CQA plan, and CQA officer qualifications;

c. A description of inspection and sampling activities for all unit components identified in subdivision 1 b of this section including observations and tests that will be used before, during, and after construction to ensure that the construction materials and the installed unit components meet the design specifications. The description shall cover sampling size and locations; frequency of testing; data evaluation procedures; acceptance and rejection criteria for construction materials and constructed components; plans for implementing corrective measures; and data or other information to be recorded;

d. Structural stability and integrity of all components of the unit identified in subdivision 1 b of this subsection;

e. Proper construction of all components of the liners, leachate collection and removal system, gas management system if required under subsection K of this section, and final cover system, according to permit specifications and good engineering practices, and proper installation of all components (e.g., pipes) according to design specifications;

f. Conformity of all materials used with design and other material specifications;

g. The permeability of the soil liner.

(1) The ability of the soil to be used as a liner material must be demonstrated using a test pad. At least one test pad shall be required for every source of low permeability liner soil. If soil sources are consistent (i.e. similar USCS soil type, liquid and plastic limits, grain size distribution, moisture density relationship, and permeability characteristics) one test pad will be adequate provided that the third-party quality control firm agrees. In the event that soils are not uniform within a borrow source an additional test pad shall be constructed for each soil type.

The test pad shall establish the range of criteria (compaction, moisture content, USCS classification, and grain size) that can be expected to achieve a low permeability soil liner meeting the requirements of the permit. To achieve these results the test pad's permeability shall be correlated with grain size analysis, liquid and plastic limits, moisture content, relative compaction, remolded permeability, undisturbed Shelby tube sample permeability, and the in-situ permeability determined by field tests performed on the test pad.

(2) Following the completion of the test pad the remaining low permeability liner system shall be certified by testing the constructed liner to determine its conformance to the acceptable criteria established during the test pad construction. Such tests shall include compaction, moisture content, grain size, and the liquid and plastic limits of the soil. Any area that does not conform to the established criteria shall be further tested by obtaining an undisturbed Shelby tube sample of the constructed liner and performing a laboratory permeability on it. In addition to testing any liner areas that do not conform to the established test pad acceptance criteria, a minimum of one additional laboratory permeability test shall be performed on each acre of constructed liner.

3. Certification. Once construction is complete, the owner or operator shall submit to the department by certified mail or other equivalent method with a return receipt or hand delivery a certification signed by the CQA officer that the approved CQA plan has been successfully carried out and that the unit meets the requirements of this section. Documentation supporting the CQA officer's certification shall be submitted to the department upon request. An additional professional engineer's certification is required under the provisions of 9VAC20-81-490 A. Wastes shall not be accepted until the facility receives a Certificate to Operate (CTO) per 9VAC20-81-490 A.

Statutory Authority

§ 10.1-1402 of the Code of Virginia; 42 USC § 6941 et seq.; 40 CFR Part 258.

Historical Notes

Derived from Virginia Register Volume 27, Issue 12, eff. March 16, 2011.

9VAC20-81-140. Operation requirements.

The operation of all sanitary, CDD, and industrial landfills shall be governed by the standards set forth in this section. Landfill operations will be detailed in an operations manual that shall be maintained in the operating record in accordance with 9VAC20-81-485. This operations manual will include an operations plan, an inspection plan, a health and safety plan, an unauthorized waste control plan, an emergency contingency plan, and a landscaping plan meeting the requirements of this section and 9VAC20-81-485. This manual shall be made available to the department when requested. If the applicable standards of this chapter and the landfill's Operations Manual conflict, this chapter shall take precedence.

A. Landfill operational performance standards.

1. Safety hazards to operating personnel shall be controlled through an active safety program consistent with the requirements of 29 CFR Part 1910, as amended.

2. A groundwater monitoring program meeting the requirements of 9VAC20-81-250 shall be implemented, as applicable.

3. A corrective action program meeting the requirements of 9VAC20-81-260 is required whenever the groundwater protection standard is exceeded at statistically significant levels.

4. Open burning at active landfills.

a. Owners or operators shall ensure that the units do not violate any applicable requirements developed by the State Air Pollution Control Board or promulgated by the EPA administrator pursuant to § 110 of the Clean Air Act, as amended (42 USC §§ 7401 to 7671q).

b. Open burning of solid waste, except for infrequent burning of agricultural wastes, silvicultural wastes, land-clearing debris, diseased trees, or debris from emergency cleanup operations is prohibited. There shall be no open burning permitted on areas where solid waste has been disposed of or is being used for active disposal.

c. The owner or operator shall be responsible for extinguishing any fires that may occur at the facility. A fire control plan will be developed that outlines the response of facility personnel to fires. The fire control plan will be provided as an attachment to the emergency contingency plan required under the provisions of 9VAC20-81-485. The fire control plan will be available for review upon request by the public. There shall be no open burning permitted on areas where solid waste has been disposed or is being used for active disposal.

5. Except as provided in 9VAC20-81-130 K, owners or operators shall implement a gas management plan in accordance with 9VAC20-81-200 to control landfill gas such that:

a. The concentration of methane gas generated by the landfill does not exceed 25% of the lower explosive limit for methane in landfill structures (excluding gas control or recovery system components); and

b. The concentration of methane gas does not exceed the lower explosive limit for methane at the facility boundary.

6. Landfills shall not:

a. Allow leachate from the landfill to drain or discharge into surface waters except when treated onsite and discharged into surface water as authorized under a VPDES Permit (9VAC25-31).

b. Cause a discharge of pollutants into waters of the United States, including wetlands, that violates any requirements of the Clean Water Act (33 USC § 1251 et seq.), including, but not limited to, the VPDES requirements and Virginia Water Quality Standards (9VAC25-260).

c. Cause the discharge of a nonpoint source of pollution to waters of the United States, including wetlands, that violates any requirement of an areawide or statewide water quality management plan that has been approved under § 208 or 319 of the Clean Water Act (33 USC § 1251 et seq.), as amended or violates any requirement of the Virginia Water Quality Standards (9VAC25-260).

d. Allow solid waste to be deposited in or to enter any surface waters or groundwaters.

7. Owners or operators shall maintain the run-on/runoff control systems designed and constructed in accordance with 9VAC20-81-130 H.

8. Access to sanitary, CDD, or noncaptive industrial landfills shall be permitted only when an attendant is on duty and only during daylight hours, unless otherwise specified in the landfill permit.

9. Fencing or other suitable control means shall be used to control litter migration. All litter blown from the landfill operations shall be collected on a weekly basis.

10. Odors and vectors shall be effectively controlled so they do not constitute nuisances or hazards. Odor hazard or nuisances shall be controlled in accordance with 9VAC20-81-200 D. Disease vectors shall be controlled using techniques for the protection of human health and the environment.

11. If salvaging is allowed by a landfill, it shall not interfere with operation of the landfill and shall not create hazards or nuisances.

12. Fugitive dust and mud deposits on main offsite roads and access roads shall be minimized at all times to limit nuisances. Dust shall be controlled to meet the requirements of Article 1 (9VAC5-40-60 et seq.) of Part II of 9VAC5-40.

13. Internal roads in the landfill shall be maintained to be passable in all weather by ordinary vehicles. All operation areas and units shall be accessible.

14. All landfill appurtenances listed in 9VAC20-81-130 shall be properly maintained and operated as designed and approved in the facility's permit.

15. Adequate numbers and types of properly maintained equipment shall be available to a landfill for operation. Provision shall be made for substitute equipment to be available or alternate means implemented to achieve compliance with subdivision B 1, C 1, or D 1 of this section, as applicable, within 24 hours should the former become inoperable or unavailable. Operators with training appropriate to the tasks they are expected to perform and in sufficient numbers for the complexity of the site shall be on the site whenever it is in operation.

16. Self-Inspection. Each landfill shall implement an inspection routine including a schedule for inspecting all applicable major aspects of facility operations necessary to ensure compliance with the requirements of this chapter. Records of these inspections must be maintained in the operating record and available for review. At a minimum, the following aspects of the facility shall be inspected on a monthly basis: erosion and sediment controls, storm water conveyance system, leachate collection system, safety and emergency equipment, internal roads, and operating equipment. The groundwater monitoring system and gas management system shall be inspected at a rate consistent with the system's monitoring frequency.

17. Records to include, at a minimum, date of receipt, quantity by weight or volume, and origin shall be maintained on solid waste received and processed to fulfill the applicable requirements of the Solid Waste Information and Assessment Program under 9VAC20-81-80 and the Control Program for Unauthorized Waste under 9VAC20-81-100 E. Such records shall be made available to the department for examination or use when requested.

B. In addition to the standards in subsection A of this section, sanitary landfills shall also comply with the following:

1. Compaction and cover requirements.

a. Unless provided otherwise in the permit, solid waste shall be spread into two-foot layers or less and compacted at the working face, which shall be confined to the smallest area practicable.

b. Lift heights shall be sized in accordance with daily waste volumes. Lift height is not recommended to exceed 10 feet.

c. Daily cover consisting of at least six inches of compacted soil or other approved material shall be placed upon and maintained on all exposed solid waste prior to the end of each operating day, or at more frequent intervals if necessary, to control disease vectors, fires, odors, blowing litter, and scavenging. Alternate materials of an alternate thickness may be approved by the department if it has been demonstrated that the alternate material and thickness control disease vectors, fires, odors, blowing litter, and scavenging without presenting a threat to human health and the environment. At least three days of acceptable cover soil or approved material at the average usage rate shall be maintained at the landfill or readily available at all times.

d. Intermediate cover of at least six inches of additional compacted soil shall be applied and maintained whenever an additional lift of refuse is not to be applied within 30 days. Further, all areas with intermediate cover exposed shall be inspected as needed, but not less than weekly. Additional cover material shall be placed on all cracked, eroded, and uneven areas as required to maintain the integrity of the intermediate cover system.

e. Final cover construction will be initiated and maintained in accordance with the requirements of 9VAC20-81-160 D 2 when the following pertain:

(1) An additional lift of solid waste is not to be applied within one year, or a longer period as required by the facility's phased development.

(2) Any area of a landfill attains final elevation and within 90 days after such elevation is reached or longer if specified in the landfill's approved closure plan.

(3) An entire landfill's permit is terminated for any reason, and within 90 days of such denial or termination.

f. Vegetation shall be established and maintained on all exposed final cover material within four months after placement, or as specified by the department when seasonal conditions do not permit. Mowing will be conducted a minimum of once a year or at a frequency suitable for the vegetation and climate.

g. Areas where waste has been disposed that have not received waste within 30 days will not have slopes exceeding the final cover slopes specified in the permit or 33% unless steeper slopes are approved in the permit.

2. The active working face of a sanitary landfill shall be kept as small as practicable, determined by the tipping demand for unloading.

3. A sanitary landfill that is located within 10,000 feet of any airport runway used for turbojet aircraft or 5,000 feet of any airport runway used by only piston type aircraft, shall operate in such a manner that the landfill does not increase or pose additional bird hazards to aircraft.

4. Sanitary landfills shall not dispose of the following wastes, except as specifically authorized by the landfill permit or by the department:

a. Free liquids.

(1) Bulk or noncontainerized liquid waste, unless:

(a) The waste is household waste; or

(b) The waste is gas condensate derived from that landfill;

(c) The waste is leachate derived from that landfill and the landfill is designed with a composite liner and leachate collection system as described in 9VAC20-81-130 J 1 a and 9VAC20-81-130 L; or

(2) Containers holding liquid waste, unless:

(a) The container is a small container similar in size to that normally found in household waste;

(b) The container is designed to hold liquids for use other than storage; or

(c) The waste is household waste.

b. Regulated hazardous wastes as defined by the Virginia Hazardous Waste Management Regulations (9VAC20-60).

c. Solid wastes, residues, or soils containing more than 1.0 ppb (parts per billion) TEF (dioxins).

d. Solid wastes, residues, or soils containing 50.0 ppm (parts per million) or more of PCB's except as allowed under the provisions of 9VAC20-81-630.

e. Sludges that have not been dewatered.

f. Contaminated soil unless approved by the department in accordance with the requirements of 9VAC20-81-610 or 9VAC20-81-660.

g. Regulated medical waste as specified in the Regulated Medical Waste Management Regulations (9VAC20-120).

5. Chloroflourocarbons, hydrochlorofluorocarbons, and PCBs must be removed from white goods prior to placement on the working face.

C. In addition to the standards in subsection A of this section, Construction/demolition/debris landfills shall also comply with the following:

1. Compaction and cover requirements.

a. Waste materials shall be compacted in shallow layers during the placement of disposal lifts to minimize differential settlement.

b. Compacted soil cover shall be applied as needed for safety and aesthetic purposes. A minimum one-foot thick progressive cover shall be maintained weekly such that the top of the lift is fully covered at the end of the work week. If the landfill accepts Category I or II nonfriable asbestos-containing material for disposal, daily soil cover shall be placed upon all exposed Category I or II nonfriable asbestos-containing material prior to the end of each operating day. The open working face of a landfill shall be kept as small as practicable, determined by the tipping demand for unloading.

c. When waste deposits have reached final elevations, or disposal activities are interrupted for 15 days or more, waste deposits shall receive a one-foot thick intermediate cover unless soil has already been applied in accordance with subdivision 1 b of this subsection and be graded to prevent ponding and to accelerate surface run-off.

d. Final cover construction will be initiated and maintained in accordance with the requirements of 9VAC20-81-160 D 2 when the following pertain:

(1) An additional lift of solid waste is not to be applied within one year, or a longer period as required by the facility's phased development.

(2) Any area of a landfill attains final elevation and within 90 days after such elevation is reached or longer if specified in the landfill's approved closure plan.

(3) An entire landfill's permit is terminated for any reason, and within 90 days of such denial or termination.

e. Vegetation shall be established and maintained on all exposed final cover material within four months after placement, or as specified by the department when seasonal conditions do not permit. Mowing will be conducted a minimum of once a year or at a frequency suitable for the vegetation and climate.

f. Areas where waste has been disposed that have not received waste within 30 days will not have slopes exceeding the final cover slopes specified in the permit or 33%.

2. Chloroflourocarbons, hydrochlorofluorocarbons, and PCBs must be removed from white goods prior to placement on the working face.

D. In addition to the standards in subsection A of this section, Industrial Landfills shall also comply with the following:

1. Compaction and cover requirements.

a. Unless provided otherwise in the permit, solid waste shall be spread and compacted at the working face, which shall be confined to the smallest area practicable.

b. Lift heights shall be sized according to the volume of waste received daily and the nature of the industrial waste. A lift height is not required for materials such as fly ash that are not compactable.

c. Where it is necessary for the specific waste, such as Category I or II nonfriable asbestos-containing material, daily soil cover, or other suitable material shall be placed upon all exposed solid waste prior to the end of each operating day. For wastes such as fly ash and bottom ash from burning of fossil fuels, periodic cover to minimize exposure to precipitation and control dust or dust control measures such as surface wetting or crusting agents shall be applied. At least three days of acceptable cover soil or approved material at the average usage rate shall be maintained at the fill at all times at facilities where daily cover is required unless an offsite supply is readily available on a daily basis.

d. Intermediate cover of at least one foot of compacted soil shall be applied whenever an additional lift of refuse is not to be applied within 30 days unless the owner or operator demonstrates to the satisfaction of the director that an alternate cover material or an alternate schedule will be protective of public health and the environment. In the case of facilities where fossil fuel combustion products are removed for beneficial use, intermediate cover must be applied in any area where ash has not been placed or removed for 30 days or more. Further, all areas with intermediate cover exposed shall be inspected as needed but not less than weekly and additional cover material shall be placed on all cracked, eroded, and uneven areas as required to maintain the integrity of the intermediate cover system.

e. Final cover construction will be initiated in accordance with the requirements of 9VAC20-81-160 D 2 when the following pertain:

(1) When an additional lift of solid waste is not to be applied within two years or a longer period as required by the facility's phased development.

(2) When any area of a landfill attains final elevation and within 90 days after such elevation is reached or longer if specified in the landfill's approved closure plan.

(3) When a landfill's permit is terminated within 90 days of such denial or termination.

f. Vegetation shall be established and maintained on all exposed final cover material within four months after placement, or as otherwise specified by the department when seasonal conditions do not otherwise permit. Mowing will be conducted a minimum of once a year or at a frequency suitable for the vegetation and climate.

2. Incinerator and air pollution control residues containing no free liquids shall be incorporated into the working face and covered at such intervals as necessary to minimize them from becoming airborne.

Statutory Authority

§ 10.1-1402 of the Code of Virginia; 42 USC § 6941 et seq.; 40 CFR Part 258.

Historical Notes

Derived from Virginia Register Volume 27, Issue 12, eff. March 16, 2011; amended, Virginia Register Volume 27, Issue 22, eff. August 3, 2011.

9VAC20-81-160. Closure requirements.

The closure of all sanitary, CDD and industrial landfills shall be governed by the standards set forth in this section.

A. Closure purpose. The owner or operator shall close the landfill in a manner that minimizes the need for further maintenance and provides for the protection of human health and the environment. Closure shall eliminate the postclosure escape of uncontrolled leachate or of waste decomposition products to the groundwater or surface water to the extent necessary to protect human health and the environment. Closure shall also control and/or minimize surface runoff and the escape of waste decomposition products to the atmosphere.

B. Closure plan and modification of plan.

1. The owner or operator of a solid waste disposal facility shall have a written closure plan. This plan shall identify the steps necessary to completely close the landfill at the time when the operation will be the most extensive and at the end of its intended life. The closure plan shall include, at least:

a. A schedule for final closure that shall include, as a minimum, the anticipated date when wastes will no longer be received, the date when completion of final closure is anticipated, and intervening milestone dates that will allow tracking of the progress of closure.

b. An estimate of waste disposed onsite over the active life of the landfill;

c. An estimate of the largest area ever requiring a final cover as required at any time during the active life;

d. Description of Final Cover System design in accordance with subsection D of this section;

e. Description of storm water management to include design, construction, and maintenance controls;

f. Closure cost estimate for purpose of financial assurance.

2. The owner or operator may amend the closure plan at any time during the active life of the landfill. The owner or operator shall so amend his plan any time changes in operating plans or landfill design affect the closure plan. The amended closure plan shall be placed in the operating record and a copy provided to the department.

3. Closure plans and amended closure plans not previously approved by the director shall be submitted to the department at least 180 days before the date the owner or operator expects to begin construction activities related to closure. The director will approve or disapprove the plan within 90 days of receipt.

4. If the owner or operator intends to use an alternate final cover design, he shall submit a proposed design meeting the requirements of subdivision D 2 f of this section to the department at least 180 days before the date he expects to begin closure. The department will approve or disapprove the plan within 90 days of receipt.

5. At least 180 days prior to beginning closure of each solid waste disposal unit, the owner or operator shall notify the department and the solid waste planning unit of the intent to close.

C. Time allowed for closure.

1. The owner or operator shall begin closure activities of each unit no later than 30 days after the date on which the unit receives the known final receipt of wastes or, if the unit has remaining capacity and there is a reasonable likelihood that the unit will receive additional wastes, no later than one year after the most recent receipt of wastes. Extensions beyond the one-year deadline for beginning closure may be granted by the director if the owner or operator demonstrates that the unit has the capacity to receive additional wastes and the owner or operator has taken and will continue to take all steps necessary to prevent threats to human health and the environment from the unclosed unit.

2. The owner or operator shall complete closure activities of each unit in accordance with the closure plan and within six months after receiving the final volume of wastes. The director may approve a longer closure period if the owner or operator can demonstrate that the required or planned closure activities will, of necessity, take longer than six months to complete; and that he has taken all steps to eliminate any significant threat to human health and the environment from the unclosed but inactive landfill.

D. Closure implementation.

1. The owner or operator shall close each unit with a final cover as specified in subdivision 2 of this subsection, grade the fill area to prevent ponding, and provide a suitable vegetative cover. Vegetation shall be deemed properly established when there are no large areas void of vegetation and it is sufficient to control erosion.

2. Final cover system.

a. The owner or operator shall install a final cover system that is designed to achieve the performance requirements of this section.

b. Owners or operators of CDD landfill units used for the disposal of wastes consisting only of stumps, wood, brush, and leaves from landclearing operations may apply two feet of compacted soil as final cover material in lieu of the final cover system specified in this section. The provisions of this section shall not be applicable to any landfill with respect to which the director has made a finding that continued operation of the landfill constitutes a threat to the public health or the environment.

c. The final cover system shall be designed and constructed to:

(1) Minimize infiltration through the closed disposal unit by the use of an infiltration layer that is constructed of at least 18 inches of earthen material; and which has a hydraulic conductivity less than or equal to the hydraulic conductivity of any bottom liner system or natural subsoils present, or a hydraulic conductivity no greater than 1x10-5 cm/sec, whichever is less; and

(2) Minimize erosion of the final cover by the use of an erosion layer that contains a minimum of six inches of earthen material that is capable of sustaining native plant growth, and provide for protection of the infiltration layer from the effects of erosion, frost, and wind.

d. The owner or operator of a sanitary landfill may choose to use this alternate final cover system, which shall consist of at least the following components:

(1) An 18-inch soil infiltration layer with a hydraulic conductivity no greater than 1x10-5 cm/sec or a geosynthetic clay liner installed over the intermediate cover;

(2) A barrier layer consisting of a geosynthetic membrane having a minimum thickness of 40-mils;

(3) A protective cover layer for protection of the infiltration layer from the effects of erosion, frost, and wind, and consisting of a minimum of 18 inches of soil; and

(4) A vegetative support layer that contains a minimum of six inches of earthen material that is capable of sustaining native plant growth.

e. The owner or operator of a CDD or industrial landfill may choose to use this alternate final cover system, which shall consist of at least the following components:

(1) A barrier layer consisting of a geosynthetic clay liner or a geosynthetic membrane having a minimum thickness of 40 mils;

(2) A protective cover layer for protection of the infiltration layer from the effects of erosion, frost, and wind, and consisting of a minimum of 18 inches of soil; and

(3) A vegetative support layer that contains a minimum of six inches of earthen material that is capable of sustaining native plant growth.

f. The director may approve an alternate final cover design that includes:

(1) An infiltration layer that achieves an equivalent reduction in infiltration as the infiltration layer specified in subdivision 2 c (1) of this subsection; and

(2) A minimum 24-inch erosion layer that is capable of sustaining native plant growth and provide for protection of the infiltration layer from the effects of erosion, frost, and wind.

3. Finished side slopes shall be stable and be configured to adequately control erosion and runoff. Slopes of 33% will be allowed provided that adequate runoff controls are established. Steeper slopes may be considered if supported by necessary stability calculations and appropriate erosion and runoff control features. All finished slopes and runoff management facilities shall be supported by necessary calculations and included in the design manual. To prevent ponding of water, the top slope shall be at least 2.0% after allowance for settlement.

4. Following construction of the final cover system for each unit, the owner or operator shall submit to the department a certification, signed by a professional engineer verifying that closure has been completed in accordance with the closure plan requirements of this part. This certification shall include the results of the CQA/QC requirements under 9VAC20-81-130 Q 1 b (6).

5. Following the closure of all units the owner or operator shall:

a. Post one sign at the entrance of the landfill notifying all persons of the closing, and the prohibition against further receipt of waste materials. Further, suitable barriers shall be installed at former accesses to prevent new waste from being deposited.

b. Within 90 days after closure is completed, submit to the local land recording authority a survey plat prepared by a professional land surveyor registered by the Commonwealth or a person qualified in accordance with Title 54.1 of the Code of Virginia indicating the location and dimensions of landfills. Groundwater monitoring well and landfill gas monitoring probe locations shall be included and identified by the number on the survey plat. The plat filed with the local land recording authority shall contain a note, prominently displayed, which states the owner's or operator's future obligation to restrict disturbance of the site as specified.

c. Record a notation on the deed to the landfill property, or on some other instrument which is normally examined during title searches, notifying any potential purchaser of the property that the land has been used to manage solid waste and its use is restricted under 9VAC20-81-170 A 2 c. A copy of the deed notation as recorded shall be submitted to the department.

d. Submit to the department a certification, signed by a professional engineer, verifying that closure has been completed in accordance with the requirements of subdivisions 5 a, b, and c of this subsection and the landfill closure plan.

6. The department shall inspect all solid waste management facilities at the time of closure to confirm that the closing is complete and adequate. It shall notify the owner or operator of a closed landfill, in writing, if the closure is satisfactory, and shall require any construction or such other steps necessary to bring unsatisfactory sites into compliance with these regulations. Notification by the department that the closure is satisfactory does not relieve the owner or operator of responsibility for corrective action to prevent or abate problems caused by the landfill.

Statutory Authority

§ 10.1-1402 of the Code of Virginia; 42 USC § 6941 et seq.; 40 CFR Part 258.

Historical Notes

Derived from Virginia Register Volume 27, Issue 12, eff. March 16, 2011; amended, Virginia Register Volume 27, Issue 22, eff. August 3, 2011.

9VAC20-81-170. Post-closure care requirements.

The postclosure of all sanitary, CDD, and industrial landfills shall be governed by the standards as set forth in this section.

A. Postclosure care requirements.

1. Following closure of the landfill, the owner or operator shall conduct postclosure care of the landfill. Postclosure care shall consist of at least the following:

a. Maintaining the integrity and effectiveness of any final cover, including making repairs to the cover as necessary to correct the effects of settlement, subsidence, erosion, or other events, and preventing run-on and run-off from eroding or otherwise damaging the final cover;

b. Maintaining and operating the leachate collection system, as applicable, in accordance with the requirements in 9VAC20-81-210. The director may allow the owner or operator to stop managing leachate if the owner or operator demonstrates that leachate no longer poses a threat to human health and the environment;

c. Maintaining the groundwater monitoring system and monitoring the groundwater, as applicable, in accordance with the requirements in 9VAC20-81-250; and

d. Maintaining and operating the gas monitoring system, as applicable, in accordance with the requirements in 9VAC20-81-200.

2. The owner or operator shall prepare a written postclosure plan or review and revise the approved postclosure plan to insure that it includes, at a minimum, the following information:

a. A description of the monitoring and maintenance activities required in subdivision 1 of this subsection for the landfill, and the frequency at which these activities will be performed;

b. Name, address, and telephone number of the person or office to contact about the landfill during the postclosure period; and

c. A description of the planned uses of the property during the postclosure period. Postclosure use of the property shall not disturb the integrity of the final cover, liners, or any other components of the containment system, or the function of the monitoring systems unless necessary to comply with the requirements of this chapter. The director may approve any other disturbance if the owner or operator demonstrates that disturbance of the final cover, liner, or other component of the containment system, including any removal of waste, will not increase the potential threat to human health or the environment.

3. The owner or operator shall submit a postclosure care plan for review and approval by the department whenever a postclosure care plan has been prepared or amended. Those postclosure care plans that have been placed in a landfill's operating record must be reviewed and approved by the director prior to implementation.

B. Postclosure period.

1. Unless a landfill completes all provisions of 9VAC20-81-160 D, the department will not consider the landfill closed, and the beginning of the postclosure care period will be postponed until all provisions have been completed. The postclosure care period begins on the date of the certification signed by a professional engineer as required in 9VAC20-81-160 D 5 d.

2. The postclosure care shall be conducted:

a. For a minimum of 10 years for sanitary landfill facilities that ceased to accept wastes before October 9, 1993;

b. For a minimum of 30 years for sanitary landfill facilities that received wastes on or after October 9, 1993;

c. For a minimum of 10 years for CDD and industrial landfill facilities; or

d. As provided in subdivision 3 of this subsection.

3. The length of the postclosure care period may be decreased if the owner or operator demonstrates that the reduced period is equally protective of human health and the environment, the owner or operator submits a justifying demonstration, and the department approves this demonstration. The owner or operator shall submit this demonstration to the department for review and approval, and shall also include the following information:

a. A certification, signed by the owner or operator and a professional engineer, verifying that decreasing the postclosure care period will be equally protective of human health and the environment.

b. The certificate shall be accompanied by an evaluation, prepared by a professional engineer, assessing and evaluating the landfill's potential for increased risk to human health and the environment in the event that postclosure period is decreased.

4. The owner or operator will continue postclosure care and monitoring until such time that the department approves termination of the postclosure care and/or monitoring activity.

C. Postclosure care termination.

1. The owner or operator may submit a request for termination of any or all portions of postclosure care and monitoring following completion of the postclosure care period (as defined in subdivision B 2 of this section) for the landfill. The owner or operator shall demonstrate that termination of postclosure care and/or monitoring activity/activities shall be protective of human health and the environment. The owner or operator shall submit this demonstration for termination to the department for review and approval, and shall also include the following information:

a. A certification, signed by the owner or operator and a professional engineer, verifying that postclosure care has been completed in accordance with the postclosure plan.

b. The certificate shall be accompanied by an evaluation, prepared by a professional engineer or professional geologist, assessing and evaluating the landfill's potential for increased risk to human health and the environment in the event that postclosure monitoring and maintenance are discontinued.

2. If the department does not approve termination of the postclosure care and/or monitoring, the owner or operator shall continue postclosure monitoring and maintenance in accordance with the approved plan. Additionally, the owner or operator shall review and revise, as necessary, the postclosure plan for modifications necessary to meet the current regulatory requirements, and submit this revised plan to the department for review and approval.

D. Owner or operator postclosure plan review.

1. The owner or operator shall review and revise, as necessary, the postclosure care plan for modifications to meet the current regulatory requirements and reflect the current landfill conditions when:

a. The department does not approve the termination of all postclosure care monitoring and maintenance activities; or

b. The minimum postclosure period has been met, and there are ongoing corrective action measures per 9VAC20-81-260 for the landfill.

2. The owner or operator shall submit this revised plan to the department for review and approval, and shall continue postclosure monitoring and maintenance in accordance with the approved plan.

Statutory Authority

§ 10.1-1402 of the Code of Virginia; 42 USC § 6941 et seq.; 40 CFR Part 258.

Historical Notes

Derived from Virginia Register Volume 27, Issue 12, eff. March 16, 2011.

9VAC20-81-200. Control of decomposition gases.

Owners or operators of solid waste disposal facilities shall develop a gas management plan in accordance with this section. Venting and control of decomposition gases shall be implemented for sanitary and other landfills in order to protect the landfill cap and prevent migration into structures or beyond the facility boundary, subject to exceptions at 9VAC20-81-130 K. The contents of the plan shall also reflect the requirements contained in 40 CFR 60.33c and 40 CFR 60.750, (Standards of performance for new and guidelines for control of existing municipal solid waste landfills) and 9VAC5-40-5800, as applicable.

A. General requirements.

1. To provide for the protection of public health and safety, and the environment, the operator shall ensure that decomposition gases generated at a landfill are controlled during the periods of operation, closure and postclosure care, in accordance with the following requirements:

a. The concentration of methane gas generated by the landfill shall not exceed 25% of the lower explosive limit (LEL) for methane in landfill structures (excluding gas control or recovery system components); and

b. The concentration of methane gas migrating from the landfill shall not exceed the lower explosive limit for methane at the facility boundary.

2. The program implemented pursuant to subsections B through E of this section shall continue throughout the active life of the landfill and the closure and postclosure care periods or until the operator receives written authorization by the department to discontinue. Authorization to cease gas monitoring and control shall be based on a demonstration by the operator that there is no potential for gas migration beyond the facility boundary or into landfill structures.

3. Gas monitoring and control systems shall be modified, during the closure and postclosure maintenance period, to reflect changing on-site and adjacent land uses. Postclosure land use at the site shall not interfere with the function of gas monitoring and control systems.

4. The operator may request a reduction of monitoring or control activities based upon the results of collected monitoring data. The request for reduction of monitoring or control activities shall be submitted in writing to the department.

B. The operator shall implement a gas monitoring program at the landfill in accordance with the following requirements:

1. The gas monitoring network shall be designed to ensure detection of the presence of decomposition gas migrating beyond the landfill facility boundary and into landfill structures.

2. The monitoring network shall be designed to account for the following specific site characteristics, and potential migration pathways or barriers, including, but not limited to:

a. Local soil and rock conditions;

b. Hydrogeological and hydraulic conditions surrounding the landfill;

c. Locations of buildings and structures relative to the waste deposit area;

d. Adjacent land use, and inhabitable structures within 1,000 feet of the landfill facility boundary;

e. Manmade pathways, such as underground construction; and

f. The nature and age of waste and its potential to generate decomposition gas.

3. Owners or operators of certain large sanitary landfills and landfills located in nonattainment areas may be required to perform additional monitoring as provided in 40 CFR 60.33c, 40 CFR 60.750, and 9VAC5-40-5800.

4. At a minimum, the gas monitoring frequency shall be quarterly. The department may require more frequent monitoring at locations where monitoring results indicate gas migration or gas accumulation in devices or structures designed to detect migrating gas.

C. Gas Remediation.

1. When the gas monitoring results indicate concentrations of methane in excess of the action levels, 25% of the lower explosive limit (LEL) for methane in landfill structures (excluding gas control or recovery system components) or 80% of the LEL for methane at the facility boundary, the operator shall:

a. Take all immediate steps necessary to protect public health and safety including those required by the contingency plan.

b. Notify the department in writing within five working days of learning that action levels have been exceeded, and indicate what has been done or is planned to be done to resolve the problem.

2. When the gas monitoring results indicate concentrations of methane in excess of the compliance levels, 25% of the LEL for methane in landfill structures (excluding gas control or recovery system components) or the LEL for methane at the facility boundary, the operator shall, within 60 days of detection, implement a remediation plan for the methane gas releases and submit it to the department for modification of the landfill permit. The plan shall describe the nature and extent of the problem and the proposed remedy. The plan shall include an implementation schedule specifying timeframes for implementing corrective actions, an evaluation of the effectiveness of such corrective actions, and milestones for proceeding in implementation of additional corrective actions, if necessary to reestablish compliance.

3. A gas remediation system shall:

a. Prevent methane accumulation in onsite structures.

b. Reduce methane concentrations at monitored facility boundaries to below compliance levels in the timeframes specified in the gas remediation plan.

c. Provide for the collection and treatment and/or disposal of decomposition gas condensate produced at the surface. Condensate generated from gas control systems may be recirculated into the landfill provided the landfill complies with the liner and leachate control systems requirements of this part. Condensate collected in condensate traps and drained by gravity into the waste mass will not be considered recirculation.

4. Extensive systems to control emissions of nonmethane organic compounds may be required under the Clean Air Act (40 CFR 60.33c and 40 CFR 60.750) and 9VAC5-40-5800. Facilities that are required to construct and operate systems designed to comply with those regulations will be considered to be in compliance with the requirements of subdivisions C 3 a and b of this subsection, unless monitoring data continues to indicate an exceedance of compliance levels. Gas control systems also may be subject to the Virginia Permits for Stationary Sources Program 9VAC5-80 or other state air pollution control regulations.

5. The landfill shall notify the department of an exceedance of the compliance level or unusual condition that may endanger human health and the environment in accordance with 9VAC20-81-530 C 3, such as when an active gas remediation system is no longer operating in such a manner as to maintain compliance with this section.

D. Odor management.

1. When an odor nuisance or hazard is created under normal operating conditions and upon notification from the department, the permittee shall, within 90 days, develop and implement an odor management plan to address odors that may impact citizens beyond the facility boundaries. The permittee shall place the plan in the operating record and a copy shall be submitted to the department for its records. Odor management plans developed in accordance with Virginia Air Regulations, 9VAC5-40-140, 9VAC5-50-140 or other state air pollution control regulations will suffice for the provisions of this subsection.

2. The plan shall identify a contact at the landfill that citizens can notify about odor concerns.

3. Facilities shall perform and document an annual review and update the odor management plan, as necessary, to address ongoing odor management issues.

E. Recordkeeping. The owner or operator shall keep the records of the results of gas monitoring and any gas remediation issues throughout the active life of the landfill and the postclosure care period. The records shall include:

1. The concentrations of the methane as measured at each probe and within each onsite structure;

2. The documentation of date, time, barometric pressure, atmospheric temperatures, general weather conditions, and probe pressures;

3. The names of sampling personnel, apparatus utilized, and a brief description of the methods used;

4. A numbering system to correlate monitoring results to a corresponding probe location; and

5. Monitoring and design records for any gas remediation or control system.

Statutory Authority

§ 10.1-1402 of the Code of Virginia; 42 USC § 6941 et seq.; 40 CFR Part 258.

Historical Notes

Derived from Virginia Register Volume 27, Issue 12, eff. March 16, 2011.

9VAC20-81-210. Leachate control.

A. Design plan. The design plan shall provide for leachate management. This design plan shall include the following:

1. An estimate of the quality and quantity of leachate to be produced annually by the facility. The estimate shall include the 30-day leachate volume and average flow rate of each month of the year. A separate estimate shall be submitted for anticipated leachate generation at the end of five year increments of operation for 20 years, or until closure, whichever date is earlier. For existing facilities, current leachate generation shall be included with this separate estimate.

2. The leachate collection system shall be designed and constructed to maintain less than a 30 cm depth of leachate over the liner, excluding manifold trenches and sumps.

3. Plans, designs, and cross sections for the proposed collection and handling system.

4. Plans, designs, and cross sections for onsite leachate storage or treatment systems, including system appurtenances for storage, pretreatment, or treatment of leachate from the facility.

B. Tanks and surface impoundments used for storage of leachate shall have a flow equalization and surge capacity at least equal to the maximum expected production of leachate for any seven-day period for the life of the facility estimated under subdivision A 1 of this section. Leachate storage capacity may not be considered to include leachate that may have collected in or on the liner system. Storage tanks and impoundments shall be aerated, as necessary, to prevent and control odors.

C. Surface impoundments used for storage of leachate shall be equipped with a liner system that shall provide equal or greater protection of human health and the environment than that provided by the liner of the landfill producing the leachate.

D. The collected leachate shall be:

1. Discharged directly or after pretreatment into a line leading to the publicly owned treatment works or other permitted wastewater treatment facility;

2. Transported by a vehicle to an offsite permitted wastewater treatment facility;

3. Recirculated within the landfill, provided that the irrigated area is underlain by a composite liner or other liner system approved by EPA or Research, Development, and Demonstration plan for recirculation, and that the operation causes no runoff, ponding, or nuisance odors;

4. Treated onsite and discharged into surface water when authorized under VPDES permit; or

5. Other methods of treatment or disposal as approved by the department.

E. The collected leachate shall not be discharged to an underground drain field.

F. Leachate seeps. If a leachate seep(s) occurs, the owner or operator shall repair the seep(s) and do the following:

1. Take all immediate steps necessary to protect public health and safety including those required by the contingency plan.

2. Take immediate action to minimize, control, or eliminate the seep, and to contain and properly manage the leachate at the source of the seep.

3. Any leachate released outside the lined area permitted for waste disposal shall be properly collected and disposed.

Statutory Authority

§ 10.1-1402 of the Code of Virginia; 42 USC § 6941 et seq.; 40 CFR Part 258.

Historical Notes

Derived from Virginia Register Volume 27, Issue 12, eff. March 16, 2011.

9VAC20-81-250. Groundwater monitoring program.

A. General requirements.

1. Applicability.

a. Existing landfills. Owners or operators of all existing landfills shall be in compliance with the groundwater monitoring requirements specified in this section, except as provided for in subdivision 1 c of this subsection. Owners or operators of landfills that were permitted prior to December 21, 1988, but were closed in accordance with the requirements of their permit or existing regulation prior to December 21, 1988, are not required to be in compliance with the groundwater monitoring requirements specified in this section, unless conditions are recognized that classify the landfill as an Open Dump as defined under 9VAC20-81-45.

b. New landfills. Owners or operators of new facilities shall be in compliance with the groundwater monitoring requirements specified in this section before waste can be placed in the landfill except as provided for in subdivision 1 c of this subsection.

c. No migration potential exemption. Groundwater monitoring requirements under this section may be suspended by the director if the owner or operator can demonstrate that there is no potential for migration of any Table 3.1 constituents to the uppermost aquifer during the active life and the postclosure care period of the landfill. This demonstration shall be certified by a qualified groundwater scientist and shall be based upon:

(1) Site-specific field collected measurements including sampling and analysis of physical, chemical, and biological processes affecting contaminant fate and transport; and

(2) Contaminant fate and transport predictions that maximize contaminant migration and consider impacts on human health and the environment.

2. General requirements.

a. Purpose. Owners or operators shall install, operate, and maintain a groundwater monitoring system that is capable of determining the landfill's impact on the quality of groundwater in the uppermost aquifer at the disposal unit boundary during the active life and postclosure care period of the landfill.

b. Program requirements. The groundwater monitoring program shall meet the requirements of subdivision 3 of this subsection and comply with all other applicable requirements of this section.

c. Director authority. The groundwater monitoring and reporting requirements set forth here are minimum requirements. The director may require, by modifying the permit as allowed under 9VAC20-81-600 E, any owner or operator to install, operate, and maintain a groundwater monitoring system and conduct a monitoring program that contains requirements more stringent than this chapter imposes whenever it is determined that such requirements are necessary to protect human health and the environment.

3. Groundwater monitoring system.

a. System requirements. A groundwater monitoring system shall be installed consisting of a sufficient number of monitoring wells, at appropriate locations and depths, capable of yielding sufficient quantities of groundwater for sampling and analysis purposes from the uppermost aquifer that:

(1) Represent the quality of background groundwater that has not been affected by a release from the landfill; and

(2) Represent the quality of groundwater at the disposal unit boundary. The downgradient monitoring system shall be installed at the disposal unit boundary in a manner that ensures detection of groundwater contamination in the uppermost aquifer unless a variance has been granted by the director under 9VAC20-81-740.

(3) When physical obstacles preclude installation of groundwater monitoring wells at the disposal unit boundary, the downgradient monitoring wells may be installed at the closest practicable distance hydraulically downgradient from the boundary in locations that ensure detection of groundwater contamination in the uppermost aquifer.

b. Multiunit systems. The director may approve a groundwater monitoring system that covers multiple waste disposal units instead of requiring separate groundwater monitoring systems for each unit when the landfill has several units, provided the multiunit groundwater monitoring system meets the requirement of subdivision 3 of this subsection and can be demonstrated to be equally protective of human health and the environment as individual monitoring systems. The system for each waste disposal unit would be based on the following factors:

(1) Number, spacing, and orientation of the waste disposal units;

(2) Hydrogeologic setting;

(3) Site history;

(4) Engineering design of the waste disposal units; and

(5) Type of waste accepted at the waste disposal units.

c. Well construction. All monitoring wells shall be of a size adequate for sampling and shall be cased and grouted in a manner that maintains the integrity of the monitoring well bore hole. This casing shall be screened or perforated, and packed with gravel or sand where necessary, to enable sample collection at depths where appropriate aquifer flow zones exist. The annular space above the sampling depth shall be sealed with a suitable material to prevent contamination of samples and the groundwater.

d. Boring logs. A log shall be made of each newly installed monitoring well describing the soils or rock encountered, and the hydraulic conductivity of the geologic units (formations) encountered. A copy of the final log(s) with appropriate maps, including at a minimum a site plan showing the location of all monitoring wells, the total depth of monitoring well, the location of the screened interval, the top and bottom of sand or gravel pack, and the top and bottom of the seal shall be sent to the department with the certification required under subdivision 3 g of this subsection.

e. Well maintenance. The monitoring wells, piezometers, and other groundwater measurement, sampling, and analytical devices shall be operated and maintained in a manner that allows them to perform to design specifications throughout the duration of the groundwater monitoring program. Nonfunctioning monitoring wells must be replaced or repaired upon recognition of damage or nonperformance. Well repair or replacement shall be coordinated with the department prior to initiating the action.

f. Network specifics. The network shall include at least one upgradient monitoring well and at least three downgradient monitoring wells. The number, spacing, and depths of monitoring wells included in a landfill's network shall be determined based on:

(1) Site-specific technical information that shall include thorough characterization by the owner or operator of:

(a) The thickness of any unsaturated geologic units or fill materials that may overlay the uppermost aquifer;

(b) The thickness and description of materials comprising the uppermost aquifer;

(c) Materials comprising the confining unit defining the lower boundary of the uppermost aquifer, including, but not limited to, thicknesses, stratigraphy, lithology, hydraulic conductivities, porosities, and effective porosities; and

(d) The calculated groundwater flow rate and direction within the uppermost aquifer including any seasonal and temporal fluctuations in groundwater flow.

(2) The lateral spacing between downgradient monitoring wells based on site-specific information supplied under subdivision 3 f (1) of this subsection.

g. Monitoring well certification. The groundwater monitoring well(s) shall, within 30 days of well(s) installation, be certified by a qualified groundwater scientist noting that all wells have been installed in accordance with the documentation submitted under subdivision 3 d of this subsection. Within 14 days of completing this certification, the owner or operator shall transmit the certification to the department.

4. The groundwater sampling and analysis requirements for the groundwater monitoring system are as follows:

a. Quality assurance and control. The groundwater monitoring program shall include consistent field sampling and laboratory analysis procedures that are designed to ensure monitoring results that provide an accurate representation of the groundwater quality at the background and downgradient wells. At a minimum the program shall include procedures and techniques for:

(1) Sample collection;

(2) Sample preservation and shipment;

(3) Analytical procedures;

(4) Chain of custody control; and

(5) Quality assurance and quality control.

b. Analytical methods. The groundwater monitoring program shall include sampling and analytical methods that are appropriate for groundwater sampling and that accurately measure solid waste constituents in groundwater samples. Groundwater samples obtained pursuant to 9VAC20-81-250 B or C shall not be filtered prior to laboratory analysis. The sampling, analysis and quality control/quality assurance methods set forth in EPA document SW-846, as amended, shall be used. The department may require re-sampling if it believes the samples were not properly sampled or analyzed.

c. Groundwater rate and flow. Groundwater elevations at each monitoring well shall be determined immediately prior to purging each time a sample is obtained. The owner or operator shall determine the rate and direction of groundwater flow each time groundwater is sampled pursuant to subsection B or C of this section or 9VAC20-81-260. Groundwater elevations in wells that monitor the same waste disposal unit or units shall be measured within a period of time short enough to avoid temporal variations, which could preclude accurate determination of groundwater flow rate and direction.

d. Background data. The owner or operator shall establish background groundwater quality in a hydraulically upgradient or background well, or wells, for each of the monitoring parameters or constituents required in the particular groundwater monitoring program that applies to the landfill. Background groundwater quality may be established at wells that are not located hydraulically upgradient from the landfill if they meet the requirements of subdivision 4 e of this subsection.

e. Alternate well provision. A determination of background quality may be based on sampling of wells that are not upgradient from the waste disposal unit or units where:

(1) Hydrogeologic conditions do not allow the owner or operator to determine what wells are upgradient; and

(2) Sampling at these wells will provide an indication of background groundwater quality that is as representative or more representative than that provided by the upgradient wells.

f. Sampling and statistics. The number of samples collected to establish groundwater quality data shall be consistent with the appropriate statistical procedures determined pursuant to subdivision 4 g of this subsection.

g. Statistical methods. The owner or operator shall specify in the Groundwater Monitoring Plan the statistical method(s) listed in subsection D of this section that will be used in evaluating groundwater monitoring data for each monitoring constituent. The statistical test(s) chosen shall be applied separately for each groundwater constituent in each well after each individual sampling event required under subdivision B 2 or 3, C 2 or 3, or as required under 9VAC20-81-260 E 1.

h. Evaluation and response. After each sampling event required under subsection B or C of this section, the owner or operator shall determine whether or not there is a statistically significant increase over background values for each groundwater constituent required in the particular groundwater monitoring program by comparing the groundwater quality of each constituent at each monitoring well installed pursuant to subdivision 3 a of this subsection to the background value of that constituent. In determining whether a statistically significant increase has occurred, the owner or operator shall:

(1) Ensure the sampling result comparisons are made according to the statistical procedures and performance standards specified in subsection D of this section;

(2) Ensure that within 30 days of completion of sampling and laboratory analysis actions, the determination of whether there has been a statistically significant increase over background at each monitoring well has been completed; and

(3) If identified, the statistically significant increase shall be reported to the department within the notification timeframes identified in subsection B or C of this section and discussed in the quarterly or semi-annual report submission described under subdivision E 2 c of this section. Notifications qualified as being "preliminary," "suspect," "unverified," or otherwise not a final determination of a statistical exceedance will not be accepted.

i. Verification sampling. The owner or operator may at any time within the 30-day statistically significant increases determination period defined under subdivision A 4 h (2) of this section, obtain verification samples if the initial review of analytical data suggests results that might not be an accurate reflection of groundwater quality at the disposal unit boundary. Undertaking verification sampling is a voluntary action on the part of the owner or operator and shall not alter the timeframes associated with determining or reporting a statistically significant increase as otherwise defined under subdivision A 4 h (2), B 2 or 3, or C 2 or 3 of this section.

j. Data validation. The owner or operator may at any time within the 30-day statistically significant increases determination period defined under subdivision A 4 h (2) of this subsection, undertake third-party data validation of the analytical data received from the laboratory. Undertaking such validation efforts is a voluntary action on the part of the owner or operator and shall not alter the timeframes associated with determining or reporting a statistically significant increase as otherwise defined under subdivision A 4 h (2), B 2 or 3, or C 2 or 3 of this section.

5. Alternate source demonstration allowance.

a. Allowance. As a result of any statistically significant increase identified while monitoring groundwater under subdivision B 2 or 3, or C 2 or 3 of this section, or at anytime within the Corrective Action process under 9VAC20-81-260, the owner or operator has the option of submitting an Alternate Source Demonstration report, certified by a qualified groundwater scientist, demonstrating:

(1) A source other than the landfill caused the statistical exceedance;

(2) The exceedance resulted from error in sampling, analysis, or evaluation; or

(3) The exceedance resulted from a natural variation in groundwater quality.

b. Timeframes. A successful demonstration must be made within 90 days of noting a statistically significant increase. The director may approve a longer timeframe for submittal and approval of the Alternate Source Demonstration with appropriate justification.

c. Evaluation and response. Based on the information submitted in accordance with subdivision 5 a of this subsection, the director will:

(1) In the case of the successful demonstration of an error in sampling, analysis, or evaluation, allow the owner or operator to continue monitoring groundwater in accordance with the monitoring program in place at the time of the statistical exceedance.

(2) In the case of a successful demonstration of an alternate source for the release or natural variability in the aquifer matrix:

(a) Require changes in the groundwater monitoring system as needed to accurately reflect the groundwater conditions and allow the owner or operator to continue monitoring groundwater in accordance with the monitoring program in place at the time of the statistical exceedance;

(b) Require any changes to the monitoring system be completed prior to the next regularly scheduled groundwater monitoring event or within 90 days (whichever is greater); and

(c) Require any changes to the monitoring system be approved via the modification process under 9VAC20-81-600 within 90 days of the approval of the alternate source demonstration.

(3) In the case of an unsuccessful Alternate Source Demonstration, require the owner or operator to initiate the actions that would otherwise be required as a result of the statistically significant increase noted under subdivision B 2 or 3, or C 2 or 3 of this section as appropriate.

6. Establishment of groundwater protection standards.

a. Requirement. Upon recognition of a statistically significant increase over background and while monitoring in the Assessment or Phase II monitoring programs defined under subdivision B 3 or C 3 of this section, the owner or operator shall propose a groundwater protection standard for all detected Table 3.1 Column B constituents. The proposed standards shall be submitted to the department by a qualified groundwater scientist and be accompanied by relevant historical groundwater sampling data to justify the proposed concentration levels.

b. Establishment process. The groundwater protection standards shall be established in the following manner:

(1) For constituents for which a maximum contaminant level (MCL) has been promulgated under § 1412 of the Safe Drinking Water Act (40 CFR Part 141), the MCL for that constituent shall be automatically established as the groundwater protection standard upon submission of the proposed standards.

(2) If the owner or operator determines that a site-specific background concentration is greater than the MCL associated with that constituent under subdivision 6 b (1) of this subsection, the background value may be substituted for use as the groundwater protection standard in lieu of the MCL for that constituent upon receiving written department approval.

(3) For constituents for which no MCL has been promulgated, site-specific background concentration value(s) may be used upon receiving written department approval.

(4) For constituents for which no MCL has been promulgated, a risk-based alternate concentration levels may be used if approved by the director as long as:

(a) The owner or operator submits a request to the department asking for approval to use risk-based alternate concentration levels for a specific list of constituents and identifies that these constituents lack an MCL. In the request the owner or operator shall specify whether site-specific, independently calculated, risk-based alternate concentration levels will be applied, or if the facility will accept the default department-provided limits.

(b) The alternate concentration levels that may be provided as default values by the department and those independently calculated by the owner or operator are demonstrated to meet the following criteria or factors before they can be used as groundwater protection standards:

(i) Groundwater quality - The potential for adverse quality effects considering the physical and chemical characteristics of the waste in the landfill, its potential for migration in the aquifer; the hydrogeological characteristics of the facility and surrounding land; the rate and direction of groundwater flow; the proximity and withdrawal rates of groundwater users; the current and future uses of groundwater in the area; the existing quality of groundwater, including other sources of contamination and their cumulative impact on the groundwater quality.

(ii) Human exposure - Potential for health risks caused by exposure to waste constituents released from the landfill using federal guidelines for assessing the health risks of environmental pollutants; scientifically valid studies conducted in accordance with the Toxic Substances Control Act Good Laboratory Practice Standards (40 CFR Part 792); or equivalent standards. For carcinogens, the alternate concentration levels must be set based on a lifetime cancer risk level due to continuous lifetime exposure within the 1x10-4 to 1x10-6 range. For systemic toxicants, alternate concentration levels must be demonstrated to be levels to which the human population (including sensitive subgroups) could be exposed to on a daily basis without the likelihood of appreciable risk of deleterious effects during a lifetime.

(iii) Surface water - The potential adverse effect on hydraulically connected surface water quality based on the volume, physical and chemical characteristics of the waste in the landfill; the hydrogeological characteristics of the facility and surrounding land; the rate and direction of groundwater flow; the patterns of rainfall in the region; the proximity of the landfill to surface waters; the current and future uses of surface waters in the area and any water quality standards established for those surface waters; the existing quality of surface water, including other sources of contamination and the cumulative impact on surface water quality.

(iv) Other adverse effects - Potential damage to wildlife, crops, vegetation, and physical structures caused by exposure to waste constituents; the persistence and permanence of the potential adverse effects; and the potential for health risks caused by human exposure to waste constituents using factors shown in subdivision b (4) (b) (ii) of this subsection.

(5) In making any determination regarding the use of alternate concentration levels under this section, the director will:

(a) Consider any identification of underground sources of drinking water as identified by EPA under 40 CFR 144.7,

(b) Consider additional or modified monitoring requirements or control measures,

(c) Include a schedule for the periodic review of the alternate concentration levels, or

(d) Approve the alternate concentration levels as proposed or issue modified alternate concentration levels.

c. Implementation. Groundwater protection standards shall be considered established for the facility upon completion of the actions described under either subdivision A 6 b (1), (2), (3) or if necessary (4) and shall be placed in the facility Operating Record and shall be used during subsequent comparisons of groundwater sampling data consistent with the requirements of subdivision B 3 f or C 3 e of this section.

d. MCL and background revisions. After establishment of groundwater protection standards under subdivision B 6 b, if the standards are modified as a result of revisions to any MCL or department-approved background, the facility shall update its listing of groundwater protection standards and shall place the new list in the Operating Record and shall use the new values during subsequent comparisons of sampling data consistent with the requirements of subdivision B 3 f or C 3 e of this section.

e. Alternate concentration levels revisions. After establishment of groundwater protection standards under subdivision B 6 b of this section, if the department-approved alternate concentration levels change based on information released by EPA, to the extent practical, the department will issue revisions to the alternate concentration levels for facility use no more often than an annual basis. The facility shall use the alternate concentration levels listing in effect at the time the sampling event takes place when comparing the results against the groundwater protection standards under subdivision B 3 f or C 3 e of this section.

B. Monitoring for sanitary landfills.

1. Applicability.

a. Existing facilities. Except for those sanitary landfills identified in subdivision C 1 of this section, existing sanitary landfill facilities and closed facilities that have accepted waste on or after October 9, 1993, and in the case of 'small' landfills on or after April 9, 1994, shall be in compliance with the detection monitoring requirements specified in subdivision 2 of this subsection unless existing sampling data requires a move to assessment monitoring described under subdivision 3 of this subsection.

b. New facilities. Facilities placed in operation to receive waste after October 9, 1993, shall be in compliance with the detection monitoring requirements specified in subdivision 2 of this section before waste can be placed in the landfill unless existing sampling data requires a move to assessment monitoring described under subdivision 3 of this subsection.

c. Closed facilities. Unless an extension to the deadline above has been granted by the director, closed facilities that have ceased to accept any waste on or before October 9, 1993, and in the case of a "small" landfill, before April 9, 1994, may comply with the "State Monitoring Program" monitoring requirements specified in subdivision C 2 or 3 of this section.

d. Other facilities. Owners or operators of disposal facilities not subject to the federal groundwater monitoring requirements prescribed under 40 CFR Parts 257 and 258 must perform the groundwater monitoring described in subdivision C 2 or 3 of this section.

e. Proximity to wetlands. Owners or operators of sanitary landfills that accepted waste after June 30, 1999, must:

(1) Perform quarterly groundwater monitoring unless the director determines that less frequent monitoring is necessary consistent with the requirements of the special provisions regarding wetlands in § 10.1-1408.5 of the Code of Virginia.

(2) The quarterly monitoring frequency shall remain in effect until the department is notified waste is no longer being accepted at the sanitary landfill.

(3) This requirement will not limit the authority of the Waste Management Board or the director to require more frequent groundwater monitoring if required to protect human health and the environment.

(4) For purposes of this subdivision "proximity to wetlands" shall be defined as landfills that were constructed on a wetland, have a potential hydrologic connection to such a wetland in the event of an escape of liquids from the facility, or are within a mile of such a wetland.

2. Detection monitoring program.

a. Sampling requirements. All sanitary landfills shall implement detection monitoring except as otherwise provided in subdivision 1 of this subsection. The monitoring frequency for all constituents listed in Table 3.1 Column A shall be as follows:

(1) Initial sampling period.

(a) For facilities that monitor groundwater on a semi-annual basis, a minimum of four independent samples from each well (background and downgradient) shall be collected and analyzed for the Table 3.1 Column A constituents during the first semi-annual sampling period. A semi-annual period is defined under 9VAC20-81-10.

(b) For facilities that monitor groundwater on a quarterly basis as a result of subdivision 1 e of this subsection, a minimum of four samples from each well (background and downgradient) shall be collected and analyzed for the Table 3.1 Column A constituents. The samples shall be collected within the first quarterly period, using a schedule that ensures, to the greatest extent possible, an accurate calculation of background concentrations.

(2) Subsequent sampling events. At least one sample from each well (background and downgradient) shall be collected and analyzed during subsequent semi-annual or quarterly events during the active life and postclosure period. Data from subsequent background sampling events may be added to the previously calculated background data so that the facility maintains the most accurate representation of background groundwater quality with which to carry out statistical analysis required under subdivision A 4 h of this section.

(3) Alternate sampling events. The director may specify an appropriate alternate frequency for repeated sampling and analysis during the active life (including closure) and the postclosure care period. The alternate frequency during the active life (including closure) and the postclosure period shall be no less than annual. The alternate frequency shall be based on consideration of the following factors:

(a) Lithology of the aquifer and unsaturated zone;

(b) Hydraulic conductivity of the aquifer and unsaturated zone;

(c) Groundwater flow rates;

(d) Minimum distance between upgradient edge of the disposal unit boundary and downgradient monitoring well screen (minimum distance of travel); and

(e) Resource value of the aquifer.

b. Evaluation and response. If the owner or operator determines under subdivision A 4 h of this section, that there is:

(1) A statistically significant increase over background as determined by a method meeting the requirements of subsection D of this section, for one or more of the constituents listed in Table 3.1 Column A at any of the monitoring wells at the disposal unit boundary during any detection monitoring sampling event, the owner or operator shall:

(a) Within 14 days of this finding, notify the department of this fact, indicating which constituents have shown statistically significant increases over background levels; and

(b) Within 90 days, (i) establish an assessment monitoring program meeting the requirements of subdivision 3 of this subsection, or (ii) submit an Alternate Source Demonstration as specified in subdivision A 5 of this section. If, after 90 days, a successful demonstration has not been made, the owner or operator shall initiate an assessment monitoring program as otherwise required in subdivision 3 of this subsection. The 90-day Alternate Source Demonstration period may be extended by the director for good cause.

(2) No statistically significant increase over background as determined by a method meeting the requirements of subsection D of this section, for any of the constituents listed in Table 3.1 Column A at any of the monitoring wells at the disposal unit boundary during any detection monitoring sampling event; the owner or operator may remain in detection monitoring and include a discussion of the sampling results and statistical analysis in the semi-annual or quarterly report required under subdivision E 2 c of this section.

3. Assessment monitoring program. The owner or operator shall implement the assessment monitoring program whenever a statistically significant increase over background has been detected during monitoring conducted under the detection monitoring program.

a. Sampling requirements. Within 90 days of recognizing a statistically significant increase over background for one or more of the constituents listed in Table 3.1 Column A, the owner or operator shall, unless in receipt of an approval to an Alternate Source Demonstration under subdivision A 5 of this section or a director-approved extension, conduct the initial assessment monitoring sampling event for the constituents found in Table 3.1 Column B. A minimum of one sample from each well installed under subdivision A 3 a of this section shall be collected and analyzed during the initial and all subsequent annual Table 3.1 Column B sampling events.

b. Director provisions:

(1) The owner or operator may request that the director approve an appropriate subset of monitoring wells that may remain in detection monitoring defined under subdivision 2 of this subsection, based on the results of the initial, or subsequent annual Table 3.1 Column B sampling events. Monitoring wells may be considered for the subset if:

(a) They show no detections of Table 3.1 Column B constituents other than those already previously detected in detection monitoring defined under subdivision 2 of this subsection; and

(b) They display no statistically significant increases over background for any constituents on the Table 3.1 Column A list. If an increase is subsequently recognized in a well approved for the subset, the well shall no longer be considered part of the detection monitoring subset.

(2) The owner or operator may request the director delete any of the Table 3.1 Column B monitoring constituents from the assessment monitoring program if the owner or operator demonstrates that the deleted constituents are not reasonably expected to be in or derived from the waste.

(3) The director may specify an appropriate alternate frequency for repeated sampling and analysis for the full set of Table 3.1 Column B constituents required by subdivision 3 a of this subsection during the active life and postclosure care period based on the consideration of the following factors:

(a) Lithology of the aquifer and unsaturated zone;

(b) Hydraulic conductivity of the aquifer and unsaturated zone;

(c) Groundwater flow rates;

(d) Minimum distance between upgradient edge of the disposal unit boundary and downgradient monitoring well screen (minimum distance of travel);

(e) Resource value of the aquifer; and

(f) Nature (fate and transport) of any constituents detected in response to subdivision 3 f of this subsection.

c. Development of background. After obtaining the results from the initial or subsequent annual sampling events required in subdivision 3 a of this subsection, the owner or operator shall:

(1) Within 14 days, notify the department identifying the Table 3.1 Column B constituents that have been detected;

(2) Within 90 days, and on at least a semi-annual basis thereafter, resample all wells installed under subdivision A 3 a of this section, conduct analyses for all constituents in Table 3.1 Column A as well as those constituents in Column B that are detected in response to subdivision 3 a of this subsection and subsequent Table 3.1 Column B sampling events as may be required of this section, and report this data in the semi-annual or quarterly report defined under subdivision E 2 c of this section;

(3) Within 180 days of the initial sampling event, establish background concentrations for any Table 3.1 Column B constituents detected pursuant to subdivision B 3 a of this subsection. A minimum of four independent samples from each well (background and downgradient) shall be collected and analyzed to establish background for the detected constituents.

d. Establishment of groundwater protection standards. Within 30 days of establishing background under subdivision 3 c (3) of this subsection, submit proposed groundwater protection standards for all constituents detected under Assessment monitoring. The groundwater protection standards shall be approved by the director in accordance with the provisions of subdivision A 6 of this section.

e. Groundwater monitoring plan. No later than 60 days after approval of the groundwater protection standards in accordance with subdivision A 6 of this section, the owner or operator shall submit an updated Groundwater Monitoring Plan that details the site monitoring well network and sampling and analysis procedures undertaken during groundwater monitoring events. The owner or operator shall additionally:

(1) No later than 30 days after the submission of the Groundwater Monitoring Plan, request a permit modification to incorporate the plan and related groundwater monitoring modules into the landfill's permit in accordance with 9VAC20-81-600. The department may waive the requirement for a permit modification if the Groundwater Monitoring Plan included in the landfill's permit reflects current site conditions in accordance with the regulations.

(2) If the 30-day timeframe specified in subdivision 3 e (1) of this subsection is exceeded, the director will modify the permit in accordance with 9VAC20-81-600 E.

f. Evaluation and response.

(1) If the concentrations of all Table 3.1 Column B constituents are shown to be at or below background values, using the statistical procedures in subsection D of this section, for two consecutive Table 3.1 Column B sampling events, the owner or operator shall notify the director of this finding in the semi-annual or quarterly monitoring report and may return to detection monitoring defined under subdivision 2 of this subsection.

(2) If the concentrations of any Table 3.1 Column B constituents are found to be above background values, but below the groundwater protection standards established under subdivision A 6 of this section using the statistical procedures in subsection D of this section, the owner or operator shall continue in assessment monitoring in accordance with this section and present the findings to the department in the semi-annual or quarterly report.

(3) If one or more Table 3.1 Column B constituents are detected at statistically significant levels above the groundwater protection standard established under subdivision A 6 of this section using the statistical procedures in subsection D of this section, the owner or operator shall:

(a) Within 14 days of this finding, notify the department identifying the Table 3.1 Column B constituents that have exceeded the groundwater protection standard. The notification will include a statement that within 90 days the owner or operator will either:

(i) Undertake characterization and assessment actions required under 9VAC20-81-260 C 1; or

(ii) Submit an Alternate Source Demonstration as specified in subdivision A 5 of this section. If a successful demonstration is made within 90 days, the owner or operator may continue monitoring in accordance with the assessment monitoring program pursuant to subdivision 3 of this subsection. If the 90-day period passes without demonstration approval, the owner or operator shall comply with the actions under 9VAC20-81-260 C within the timeframes specified unless the director has granted an extension to those timeframes.

(b) Describe the results in the semi-annual or quarterly report.

C. Monitoring for CDD, industrial, and State Monitoring Program sanitary landfills.

1. Applicability.

a. Sanitary landfills. Owners or operators of sanitary disposal facilities that have ceased to accept solid waste prior to the federally imposed deadline of October 9, 1993, or in the case of a "small landfill" before April 9, 1994, are eligible, with the director's approval, to conduct the state groundwater monitoring program described in this section in lieu of the groundwater monitoring program required under subdivision B 2 or 3 of this section.

b. CDD and industrial landfills. Owners or operators of CDD and industrial landfills not subject to the federal groundwater monitoring requirements prescribed under 40 CFR Parts 257 and 258 shall perform the groundwater monitoring described in this section.

c. Other landfills. All other landfills excluding sanitary landfills, including those that accepted hazardous waste from very small quantity generators after July 1, 1998, shall perform the groundwater monitoring described in this section.

2. First determination monitoring program.

a. Sampling requirements. A first determination monitoring program shall consist of a background-establishing period followed by semi-annual sampling and analysis for the constituents shown in Table 3.1 Column A at all wells installed under subdivision A 3 a of this section. Within 14 days of each event during first determination monitoring, notify the department identifying the Table 3.1 Column A constituents that have been detected.

b. Development of background. Within 360 days of the initial first determination sampling event:

(1) Establish background concentrations for any constituents detected pursuant to subdivision 2 a of this subsection.

(a) A minimum of four independent samples from each well (background and downgradient) shall be collected and analyzed to establish background concentrations for the detected constituents using the procedures in subsection D of this section.

(b) In those cases where new wells are installed downgradient of waste disposal units that already have received waste, but these wells have not yet undergone their initial sampling event, collection of four independent samples for background development will not be required.

(2) Within 30 days of completing the background calculations required under subdivision 2 b (1) (a) of this subsection, submit a first determination report, signed by a qualified groundwater scientist, to the department which must include a summary of the background concentration data developed during the background sampling efforts as well as the statistical calculations for each constituent detected in the groundwater during the background sampling events.

c. Semi-annual sampling and analysis. Within 90 days of the last sampling event during the background-establishing period and at least semi-annually thereafter, sample each monitoring well in the compliance network for analysis of the constituents in Table 3.1 Column A.

d. Evaluation and response. Upon determination of site background under subdivision 2 b (1) (a) of this subsection, the results of all subsequent first determination monitoring events shall be assessed as follows:

(1) If no Table 3.1 Column A constituents are found to have entered the groundwater at statistically significant levels over background, the owner or operator shall:

(a) Remain in first determination monitoring; and

(b) May request the director delete any Table 3.1 Column A constituents from the semi-annual sampling list if the owner or operator demonstrates that the proposed deleted constituents are not reasonably expected to be in or derived from the waste.

(2) If the owner or operator recognizes a statistically significant increase over background for any Table 3.1 Column A constituent, within 14 days of this finding, the owner or operator shall notify the department identifying the Table 3.1 Column A constituents that have exceeded background levels. The notification will include a statement that within 90 days the owner or operator shall:

(a) Initiate a Phase II sampling program; or

(b) Submit an Alternate Source Demonstration under subdivision A 5 of this section.

(3) If a successful demonstration is made and approved within the timeframes established under subdivision A 5 of this section, the owner or operator may remain in First Determination monitoring.

(4) If a successful demonstration is not made and approved within the timeframes established under subdivision A 5 of this section, the owner or operator shall initiate Phase II monitoring in accordance with the timeframes in subdivision C 3 of this section. The director may approve a longer timeframe with appropriate justification.

3. Phase II monitoring.

a. Sampling requirements. The owner or operator shall:

(1) Within 90 days of noting the exceedance over background determined under subdivision C 2 d of this section, sample the groundwater in all monitoring wells installed under subdivision A 3 a of this section for all Table 3.1 Column B constituents;

(2) After completing the initial Phase II sampling event, continue to sample and analyze groundwater on a semi-annual basis within the Phase II monitoring program;

b. Background development. If no additional Table 3.1 Column B constituents are detected other than those previously detected under Column A, which already have established their background levels, the owner or operator shall follow the requirements under subdivision 3 c of this subsection regarding groundwater protection standard establishment while continuing to sample for the Table 3.1 Column A list on a semi-annual basis. If one or more additional Table 3.1 Column B constituents are detected during the initial Phase II sampling event:

(1) Within 360 days, establish a background value for each additional detected Table 3.1 Column B constituent.

(2) Submit a Phase II Background report within 30 days of completing the background calculations including a summary of the background concentration data for each constituent detected in the groundwater during the Table 3.1 Column B background sampling events.

(3) If any detected Table 3.1 Column B constituent is subsequently not detected for a period of two years, the owner or operator may petition the director to delete the constituent from the list of detected Table 3.1 Column B constituents that must be sampled semi-annually.

c. Establishment of groundwater protection standards. No later than:

(1) Thirty days after submitting the Phase II Background report required under the provisions of subdivision 3 b (2) of this subsection, or within 30 days of obtaining the results from the initial Table 3.1 Column B sampling event indicating no further sampling for background determination is necessary, the owner or operator shall propose a groundwater protection standard for all detected Table 3.1 constituents.

(2) The groundwater protection standard proposed shall be established in a manner consistent with the provisions in subdivision A 6 of this section.

d. Groundwater monitoring plan. No later than 60 days after establishment of groundwater protection standards in accordance with subdivision A 6 of this section, the owner or operator shall submit an updated Groundwater Monitoring Plan that details the site monitoring well network and sampling and analysis procedures undertaken during groundwater monitoring events. The department may waive the requirement for an updated plan if the Groundwater Monitoring Plan included in the landfill's permit reflects current site conditions in accordance with the regulations.

(1) No later than 30 days after the submission of the Groundwater Monitoring Plan, the owner or operator shall request a permit modification to incorporate the updated plan and related groundwater monitoring modules into the landfill's permit in accordance with 9VAC20-81-600.

(2) If the 30-day timeframe specified in subdivision 3 d (1) of this subsection is exceeded, the director will modify the permit in accordance with 9VAC20-81-600 E.

e. Evaluation and response. After each subsequent Phase II monitoring event following establishment of groundwater protection standards, the concentration of Table 3.1 Column B constituents found in the groundwater at each monitoring well installed pursuant to subdivision A 3 a of this section will be evaluated against the groundwater protection standards. The evaluation will be presented to the department in a semi-annual Phase II report. The evaluation will be as follows:

(1) If all Table 3.1 constituents are shown to be at or below background values, using the statistical procedures in subsection D of this section, for two consecutive Table 3.1 Column B sampling events, the owner or operator shall notify the director of this finding in the semi-annual report and may return to first determination monitoring;

(2) If any Table 3.1 Column B constituents are found to be above background values, but are below the established groundwater protection standard using the statistical procedures in subsection D of this section, the owner or operator shall continue semi-annual Phase II monitoring and present the findings in a semi-annual report;

(3) If one or more Table 3.1 Column B constituents are above the established groundwater protection standard using the statistical procedures in subsection D of this section, the owner or operator shall:

(a) Notify the department within 14 days of this finding. The notification will include a statement that within 90 days the owner or operator will either: (i) undertake the characterization and assessment actions required under 9VAC20-81-260 C 1; or (ii) submit an alternate source demonstration as specified in subdivision A 5 of this section. If a successful demonstration is made within 90 days, the owner or operator may continue monitoring in accordance with Phase II monitoring program. If the 90-day period is exceeded, the owner or operator shall comply with the timeframes of 9VAC20-81-260 C unless the director has granted an extension to those timeframes; and

(b) Present the findings in the semi-annual report.

D. Statistical methods and constituent lists.

1. Acceptable test methods. The following statistical test methods may be used to evaluate groundwater monitoring data:

a. A parametric analysis of variance (ANOVA) followed by multiple comparisons procedures to identify statistically significant evidence of contamination. The method must include estimation and testing of the contrasts between each compliance well's mean and the background mean levels for each constituent.

b. An analysis of variance (ANOVA) based on ranks followed by multiple comparisons procedures to identify statistically significant evidence of contamination. The method must include estimation and testing of the contrasts between each compliance well's median and the background median levels for each constituent.

c. A tolerance or prediction interval procedure in which an interval for each constituent is established from the distribution of the background data, and the level of each constituent in each compliance well is compared to the upper tolerance or prediction limit.

d. A control chart approach that gives control limits for each constituent.

e. Another statistical test method that meets the performance standards specified below. Based on the justification submitted to the department, the director may approve the use of an alternative test. The justification must demonstrate that the alternative method meets the performance standards in subdivision 2 of this subsection.

2. Performance standards. Any statistical method chosen by the owner or operator shall comply with the following performance standards, as appropriate:

a. The statistical method used to evaluate groundwater monitoring data shall be appropriate for the distribution of monitoring parameters or constituents. If the distribution is shown by the owner or operator to be inappropriate for a normal theory test, then the data shall be transformed or a distribution-free theory test shall be used. If the distributions for the constituents differ, more than one statistical method may be needed.

b. If an individual well comparison procedure is used to compare an individual compliance well constituent concentration with background constituent concentrations or a groundwater protection standard, the test shall be done at a Type I error level no less than 0.01 for each testing period. If a multiple comparisons procedure is used, the Type I experiment-wise error rate for each testing period shall be no less than 0.05; however, the Type I error of no less than 0.01 for individual well comparisons must be maintained.

c. If a control chart approach is used to evaluate groundwater monitoring data, the specific type of control chart and its associated parameter values shall be protective of human health and the environment. The parameters shall be determined after considering the number of samples in the background data base, the data distribution, and the range of the concentration values for each constituent of concern.

d. If a tolerance interval or a predictional interval is used to evaluate groundwater monitoring data, the levels of confidence and, for tolerance intervals, the percentage of the population that the interval must contain, shall be protective of human health and the environment. These parameters shall be determined after considering the number of samples in the background data base, the data distribution, and the range of the concentration values for each constituent of concern.

e. The statistical method shall account for data below the limit of detection with one or more statistical procedures that are protective of human health and the environment. Any estimated quantitation limit (EQL) that is used in the statistical method shall be the lowest concentration level that can be reliably achieved within specified limits of precision and accuracy during routine laboratory operating conditions that are available to the landfill.

f. If necessary, the statistical method shall include procedures to control or correct for seasonal and spatial variability as well as temporal correlation in the data.

E. Recordkeeping and reporting.

1. Records pertaining to groundwater monitoring activities shall be retained at a specified location by the owner or operator throughout the active life and postclosure care period of the landfill, and shall include at a minimum:

a. All historical groundwater surface elevation data obtained from wells installed pursuant to subdivision A 3 a of this section;

b. All historical laboratory analytical results for groundwater sampling events required under the groundwater monitoring programs as described in this section;

c. All records of well installation, repair, or abandonment actions;

d. All department correspondence to the landfill; and

e. All approved variances, well subsets, wetlands, or other such director/department approvals.

2. Reporting requirements.

a. Annual report.

(1) An Annual Groundwater Monitoring Report shall be submitted by the owner or operator to the department no later than 120 days from the completion of sampling and analysis conducted under subdivision A 4 h of this section for the second semi-annual event or fourth quarterly event during each calendar year and shall by accompanied by:

(a) A signature page; and

(b) A completed QA/QC DEQ Form ARSC-01.

(2) The technical content of the annual report shall at a minimum, contain the following topical content:

(a) The landfill's name, type, permit number, current owner or operator, and location keyed to a USGS topographic map;

(b) Summary of the design type (i.e., lined versus unlined), operational history (i.e., trench fill versus area fill), and size (acres) of the landfill including key dates such as beginning and termination of waste disposal actions and dates different groundwater monitoring phases were entered;

(c) Description of the surrounding land use noting whether any adjoining land owners utilize private wells as a potable water source;

(d) A discussion of the topographic, geologic, and hydrologic setting of the landfill including a discussion on the nature of the uppermost aquifer (i.e., confined versus unconfined) and proximity to surface waters;

(e) A discussion of the monitoring wells network noting any modifications that were made to the network during the year or any nonperformance issues and a statement noting that the monitoring well network meets (or did not meet) the requirements of subdivision A 3 of this section;

(f) A listing of the groundwater sampling events undertaken during the previous calendar year;

(g) A historical table listing the detected constituents, and their concentrations identified in each well during the sampling period; and

(h) Evaluations of and appropriate responses to the groundwater elevation data; groundwater flow rate as calculated using the prior year's elevation data; groundwater flow direction (as illustrated on a potentiometric surface map); and sampling and analytical data obtained during the past calendar year.

b. Semi-annual or quarterly report.

(1) After each sampling event has been completed for the 1st semi-annual or first, second and third quarterly groundwater sampling events, a semi-annual or quarterly monitoring report shall be submitted under separate cover by the owner or operator to the department no later than 120 days from the completion of sampling and analysis conducted under subdivision A 4 h of this section, unless as allowed under a director-approved extension. The report shall at a minimum contain the following items:

(a) Signature page signed by a professional geologist or qualified groundwater scientist;

(b) Landfill name and permit number;

(c) Statement noting whether or not all monitoring points within the permitted network installed to meet the requirements of subdivision A 3 a of this section were sampled as required under subdivision B 2 or 3 or C 2 or 3 during the event;

(d) Calculated rate of groundwater flow during the sampling period as required under subdivision A 4 c of this section;

(e) The groundwater flow direction as determined during the sampling period as required under subdivision A 4 c of this section presented as either plain text or graphically as a potentiometric surface map;

(f) Statement noting whether or not there were statistically significant increases over background or groundwater protection standards during the sampling period, the supporting statistical calculations, and reference to the date the director was notified of the increase pursuant to timeframes in subdivision B 2 or 3 or C 2 or 3, if applicable;

(g) Copy of the full Laboratory Analytical Report including dated signature page (laboratory manager or representative) to demonstrate compliance with the timeframes of subdivision A 4 h of this section. The department will accept the lab report in CD-ROM format.

(2) In order to reduce the reporting burden on the owner or operator and potential redundancy within the operating record, a discussion of the second semi-annual or fourth quarterly sampling event results may be presented in the Annual Report submission.

c. Other submissions. Statistically significant increase notifications, well certifications, the first determination report, alternate source demonstration, nature and extent study, assessment of corrective measures, presumptive remedy proposal, corrective action plan or monitoring plan, or other such report or notification types as may be required under 9VAC20-81-250 or 9VAC20-81-260, shall be submitted in a manner which achieves the timeframe requirements as listed in 9VAC20-81-250 or 9VAC20-81-260.

TABLE 3.1
GroundWater Solid Waste Constituent Monitoring List

Column A – Common Name1, 2

Column B – Common Name1, 2

CAS RN3

Acenaphthene

83-32-9

Acenaphthylene

208-96-8

Acetone

Acetone

67-64-1

Acetonitrile; Methyl cyanide

75-05-8

Acetophenone

98-86-2

2-Acetylaminofluorene; 2-AAF

53-96-3

Acrolein

107-02-8

Acrylonitrile

Acrylonitrile

107-13-1

Aldrin

309-00-2

Allyl chloride

107-05-1

4-Aminobiphenyl

92-67-1

Anthracene

120-12-7

Antimony

Antimony

(Total)

Arsenic

Arsenic

(Total)

Barium

Barium

(Total)

Benzene

Benzene

71-43-2

Benzo[a]anthracene; Benzanthracene

56-55-3

Benzo[b]fluoranthene

205-99-2

Benzo[k]fluoranthene

207-08-9

Benzo[ghi]perylene

191-24-2

Benzo[a]pyrene

50-32-8

Benzyl alcohol

100-51-6

Beryllium

Beryllium

(Total)

alpha-BHC

319-84-6

beta-BHC

319-85-7

delta-BHC

319-86-8

gamma-BHC; Lindane

58-89-9

Bis(2-chloroethoxy)methane

111-91-1

Bis(2-chloroethyl) ether; Dichloroethyl ether

111-44-4

Bis(2-chloro-1-methylethyl) ether; 2, 2'-Dichlorodiisopropyl ether; DCIP

108-60-1, See note 4

Bis(2-ethylhexyl)phthalate

117-81-7

Bromochloromethane;.Chlorobromomethane

Bromochloromethane;.Chlorobromomethane

74-97-5

Bromodichloromethane;.Dibromochloromethane

Bromodichloromethane;.Dibromochloromethane

75-27-4

Bromoform; Tribromomethane

Bromoform; Tribromomethane

75-25-2

4-Bromophenyl phenyl ether

101-55-3

Butyl benzyl phthalate; Benzyl butyl phthalate

85-68-7

Cadmium

Cadmium

(Total)

Carbon disulfide

Carbon disulfide

75-15-0

Carbon tetrachloride

Carbon tetrachloride

56-23-5

Chlordane

Note 5

p-Chloroaniline

106-47-8

Chlorobenzene

Chlorobenzene

108-90-7

Chlorobenzilate

510-15-6

p-Chloro-m-cresol; 4-Chloro-3-methylphenol

59-50-7

Chloroethane; Ethyl chloride

Chloroethane; Ethyl chloride

75-00-3

Chloroform; Trichloromethane

Chloroform; Trichloromethane

67-66-3

2-Chloronaphthalene

91-58-7

2-Chlorophenol

95-57-8

4-Chlorophenyl phenyl ether

7005-72-3

Chloroprene

126-99-8

Chromium

Chromium

(Total)

Chrysene

218-01-9

Cobalt

Cobalt

(Total)

Copper

Copper

(Total)

m-Cresol; 3-methyphenol

108-39-4

o-Cresol; 2-methyphenol

95-48-7

p-Cresol; 4-methyphenol

106-44-5

Cyanide

57-12-5

2,4-D; 2,4-Dichlorophenoxyacetic acid

94-75-7

4,4'-DDD

72-54-8

4,4'-DDE

72-55-9

4,4'-DDT

50-29-3

Diallate

2303-16-4

Dibenz[a,h]anthracene

53-70-3

Dibenzofuran

132-64-9

Dibromochloromethane; Chlorodibromomethane

Dibromochloromethane; Chlorodibromomethane

124-48-1

1,2-Dibromo-3-chloropropane; DBCP

1,2-Dibromo-3-chloropropane; DBCP

96-12-8

1,2-Dibrimoethane; Ethylene dibromide; EDB

1,2-Dibrimoethane; Ethylene dibromide; EDB

106-93-4

Di-n-butyl phthalate

84-74-2

o-Dichlorobenzene; 1,2-Dichlorobenzene

o-Dichlorobenzene; 1,2-Dichlorobenzene

95-50-1

m-Dichlorobenzene; 1,3-Dichlorobenzene

541-73-1

p-Dichlorobenzene; 1,4-Dichlorobenzene

p-Dichlorobenzene; 1,4-Dichlorobenzene

106-46-7

3,3'-Dichlorobenzidine

91-94-2

trans-1,4-Dichloro-2-butene

trans-1,4-Dichloro-2-butene

110-57-6

Dichlorodifluoromethane; CFC 12;

75-71-8

1.1-Dichloroethane; Ethylidene chloride

1,1-Dichloroethane; Ethylidene chloride

75-34-3

1,2-Dichloroethane; Ethylene dichloride

1,2-Dichloroethane; Ethylene dichloride

107-06-2

1,1-Dichloroethylene; 1,1-Dichloroethene; Vinylidene chloride

1,1-Dichloroethylene; 1,1-Dichloroethene; Vinylidene chloride

75-35-4

cis-1,2-Dichloroethylene; cis-1,2-Dichloroethene

cis-1,2-Dichloroethylene; cis-1,2-Dichloroethene

156-59-2

trans-1,2-Dichloroethylene

trans-1,2-Dichloroethylene; trans-1,2-Dichroroethene

156-60-5

2,4-Dichlorophenol

120-83-2

2,6-Dichlorophenol

87-65-0

1,2-Dichloropropane; Propylene dichloride

1,2-Dichloropropane; Propylene dichloride

78-87-5

1,3-Dichloropropane; Trimethylene dichloride

142-28-9

2, 2-Dichloropropane; isopropylidene chloride

594-20-7

1,1-Dichloropropene

563-58-6

cis-1,3-Dichloropropene

cis-1,3-Dichloropropene

10061-01-5

trans-1,3-Dichloropropene

trans-1,3-Dichloropropene

10061-02-6

Dieldrin

60-57-1

Diethyl phthalate

84-66-2

O,O-Diethyl O-2-pyrazinyl phosphorothioate; Thionazin

297-97-2

Dimethoate

60-51-5

p-(Dimethylamino)azobenzene

60-11-7

7,12-Dimethylbenz[a]anthracene

57-97-6

3,3'-Dimethylbenzidine

119-93-7

2,4-Dimethylphenol; m-Xylenol

105-67-9

Dimethyl phthalate

131-11-3

m-Dinitrobenzene

99-65-0

4,6-Dinitro-o-cresol; 4,6-Dinitro-2-methylphenol

534-52-1

2,4-Dinitrophenol

51-28-5

2,4-Dinitrotoluene

121-14-2

2,6-Dinitrotoluene

606-20-2

Dinoseb; DNBP; 2-sec-Butyl-4,6-dinitrophenol

88-85-7

Di-n-octyl phthalate

117-84-0

Diphenylamine

122-39-4

Disulfoton

298-04-4

Endosulfan I

959-96-8

Endosulfan II

33213-65-9

Endosulfan sulfate

1031-07-8

Endrin

72-20-8

Endrin aldehyde

7421-93-4

Ethylbenzene

Ethylbenzene

100-41-4

Ethyl methacrylate

97-63-2

Ethylmethanesulfonate

62-50-0

Famphur

52-85-7

Fluoranthene

206-44-0

Fluorene

86-73-7

Heptachlor

76-44-8

Heptachlor epoxide

1024-57-3

Hexachlorobenzene

118-74-1

Hexachlorobutadiene

87-68-3

Hexachlorocyclopentadiene

77-47-4

Hexachloroethane

67-72-1

Hexachloropropene

1888-71-7

2-Hexanone; Methyl butyl ketone

2-Hexanone; Methyl butyl ketone

591-78-6

Indeno[1,2,3-cd]pyrene

193-39-5

Isobutyl alcohol

78-83-1

Isodrin

465-73-6

Isophorone

78-59-1

Isosafrole

120-58-1

Kepone

143-50-0

Lead

Lead

(Total)

Mercury

(Total)

Methacrylonitrile

126-98-7

Methapyrilene

91-80-5

Methoxychlor

72-43-5

Methyl bromide; Bromomethane

Methyl bromide; Bromomethane

74-83-9

Methyl chloride; Chloromethane

Methyl chloride; Chloromethane

74-87-3

3-Methylcholanthrene

56-49-5

Methyl ethyl ketone; MEK; 2-Butanone

Methyl ethyl ketone; MEK; 2-Butanone

78-93-3

Methyl iodide; Iodomethane

Methyl iodide; Iodomethane

74-88-4

Methyl methacrylate

80-62-6

Methyl methanesulfonate

66-27-3

2-Methylnaphthalene

91-57-6

Methyl parathion; Parathion methyl methyl

298-00-0

4-Methyl-2-pentanone; Methyl isobutyl ketone

4-Methyl-2-pentanone; Methyl isobutyl ketone

108-10-1

Methylene bromide; Dibromomethane

Methylene bromide; Dibromomethane

74-95-3

Methylene chloride; Dichloromethane

Methylene chloride; Dichloromethane

75-09-2

Naphthalene

91-20-3

1,4-Naphthoquinone

130-15-4

1- Naphthylamine

134-32-7

2-Napthylamine

91-59-8

Nickel

Nickel

(Total)

o-Nitroaniline; 2-Nitroaniline

88-74-4

m-Nitroaniline; 3-Nitroaniline

99-09-2

p-Nitroaniline; 4-Nitroaniline

100-01-6

Nitrobenzene

98-95-3

o-Nitrophenol; 2-Nitrophenol

88-75-5

p-Nitrophenol; 4-Nitrophenol

100-02-7

N-Nitrosodi-n-butylamine

924-16-3

N-Nitrosodiethylamine

55-18-5

N-Nitrosodimethylamine

62-75-9

N-Nitrosodiphenylamine

86-30-6

N-Nitrosodipropylamine; N-Nitroso-N-dipropylamine; Di-n-propylnitrosamine

621-64-7

N-Nitrosomethylethalamine

10595-95-6

N-Nitrosopiperidine

100-75-4

N-Nitrosopyrrolidine

930-55-2

5-Nitro-o-toluidine

99-55-8

Parathion

56-38-2

Pentachlorobenzene

608-93-5

Pentachloronitrobenzene

82-68-8

Pentachlorophenol

87-86-5

Phenacetin

62-44-2

Phenanthrene

85-01-8

Phenol

108-95-2

p-Phenylenediamine

106-50-3

Phorate

298-02-2

Polychlorinated biphenyls; PCBS; Aroclors

Note 6

Pronamide

23950-58-5

Propionitrile; Ethyl cyanide

107-12-0

Pyrene

129-00-0

Safrole

94-59-7

Selenium

Selenium

(Total)

Silver

Silver

(Total)

Silvex; 2,4,5-TP

93-72-1

Styrene

Styrene

100-42-5

Sulfide

18496-25-8

2,4,5-T; 2,4,5-Trichlorophenoxyacetic acid

93-76-5

1,2,4,5-Tetrachlorobenzene

95-94-3

1,1,1,2-Tetrachloroethane

1,1,1,2-Tetrachloroethane

630-20-6

1,1,2,2-Tetrachloroethane

1,1,2,2-Tetrachloroethane

79-34-5

Tetrachloroethylene; Tetrachloroethene; Perchloroethylene

Tetrachloroethylene; Tetrachloroethene; Perchloroethylene

127-18-4

2,3,4,6-Tetrachlorophenol

58-90-2

Thallium

Thallium

(Total)

Tin

(Total)

Toluene

Toluene

108-88-3

o-Toluidine

95-53-4

Toxaphene

Note 7

1,2,4-Trichlorobenzene

120-82-1

1,1,1-Trichloroethane; Methychloroform

1,1,1-Trichloroethane; Methychloroform

71-55-6

1,1,2-Trichloroethane

1,1,2-Trichloroethane

79-00-5

Trichloroethylene; Trichloroethene ethene

Trichloroethylene; Trichloroethene ethane

79-01-6

Trichlorofluoromethane; CFC-11

Trichlorofluoromethane; CFC-11

75-69-4

2,4,5-Trichlorophenol

95-95-4

2,4,6-Trichlorophenol

88-06-2

1,2,3-Trichloropropane

1,2,3-Trichloropropane

96-18-4

O,O,O-Triethyl phosphorothioate

126-68-1

sym-Trinitrobenzene

99-35-4

Vanadium

Vanadium

(Total)

Vinyl acetate

Vinyl acetate

108-05-4

Vinyl chloride; Chloroethene

Vinyl chloride; Chloroethene

75-01-4

Xylene(total)

Xylene(total)

Note 8

Zinc

Zinc

(Total)

NOTES:

1Common names are those widely used in government regulations, scientific publications, and commerce; synonyms exist for many chemicals.

2The corresponding Chemical Abstracts Service Index name as used in the 9th Collective Index, may be found in Appendix II of 40 CFR 258.

3Chemical Abstracts Service Registry Number. Where "Total" is entered, all species in the groundwater that contains this element are included.

4This substance is often called Bis(2-chloroisopropyl) ether, the name Chemical Abstracts Service applies to its noncommercial isomer, Propane, 2.2'-oxybis2-chloro (CAS RN 39638-32-9).

5Chlordane: This entry includes alpha-chlordane (CAS RN 5103-71-9), beta-chlordane (CAS RN 5103-74-2), gamma-chlordane (CAS RN 5566-34-7), and constituents of chlordane (CAS RN 57-74-9 and CAS RN 12739-03-6).

6Polychlorinated biphenyls (CAS RN 1336-36-3); this category contains congener chemicals, including constituents of Aroclor 1016 (CAS RN 12674-11-2), Aroclor 1221 (CAS RN 11104-28-2), Aroclor 1232 (CAS RN 11141-16-5), Aroclor 1242 (CAS RN 53469-21-9), Aroclor 1248 (CAS RN 12672-29-6), Aroclor 1254 (CAS RN 11097-69-1), and Arclor 1260 (CAS RN 11096-82-5).

7Toxaphene: This entry includes congener chemicals contained in technical toxaphene (CAS RN 8001-35-2), i.e., chlorinated camphene.

8Xylene (total): This entry includes o-xylene (CAS RN 96-47-6), m-xylene (CAS RN 108-38-3), p-xylene (CAS RN 106-42-3), and unspecified xylenes (dimethylbenzenes) (CAS RN 1330-20-7).

Statutory Authority

§ 10.1-1402 of the Code of Virginia; 42 USC § 6941 et seq.; 40 CFR Parts 257 and 258.

Historical Notes

Derived from Virginia Register Volume 27, Issue 12, eff. March 16, 2011; amended, Virginia Register Volume 27, Issue 22, eff. August 3, 2011; Volume 35, Issue 12, eff. March 6, 2019.

9VAC20-81-260. Corrective action program.

A. Corrective action is required whenever one or more groundwater protection standard is exceeded at statistically significant levels. An owner or operator of a landfill may elect to initiate corrective action at any time; however, prior to such initiation, the appropriate groundwater protection standards for all Table 3.1 constituents shall be established consistent with 9VAC20-81-250 A 6. At any time during the corrective action process, the owner or operator may elect to pursue, or the director can determine that, interim measures as defined under subsection F of this section are required in accordance with subdivision E 3 of this section.

B. The director may require periodic progress reports when a corrective action program is required but not yet implemented.

C. Characterization and assessment requirements.

1. Upon notifying the department that one or more of the constituents listed in Table 3.1 Column B has been detected at a statistically significant level exceeding the groundwater protection standards, the owner or operator shall, unless department approval of an Alternate Source Demonstration has been received as noted under 9VAC20-81-250 B 3 f (3) (a) (ii) or 9VAC20-81-250 C 3 e (3) (a) (ii):

a. Characterization. Within 90 days, install additional monitoring wells as necessary sufficient to define the vertical and horizontal extent of the release of constituents at statistically significant levels exceeding the groundwater protection standards including the installation of at least one additional monitoring well at the facility boundary in the direction of contaminant migration.

b. Notification. Notify all persons who own the land or reside on the land that directly overlies any part of the release if contaminants have migrated offsite as indicated by the results of sampling of the characterization wells installed under subdivision 1 a of this subsection within 15 days of completion of the characterization sampling and analysis efforts.

c. Assessment. Within 90 days, initiate an assessment of corrective measures or a proposal for presumptive remedy.

d. Financial assurance. Within 120 days, provide additional financial assurance in the amount of $1 million to the department using the mechanisms required in 9VAC20-70-140 of the Financial Assurance Requirements for Solid Waste Disposal, Transfer, and Treatment Facilities.

e. Public meeting. Prior to submitting the document required under subdivision 1 f of this subsection, schedule and hold a public meeting to discuss the draft results of the corrective measures assessment or the proposal for presumptive remedy, prior to the final selection of remedy. The meeting shall be held to the extent practicable in the vicinity of the landfill. The process to be followed for scheduling and holding the public hearing is described under subdivision 4 of this subsection.

f. Submission requirements. Within 180 days, submit the completed assessment of corrective measures defined under subdivision 3 of this subsection, or the proposal for presumptive remedies defined under subdivision 2 of this subsection, including any responses to public comments received.

g. Director allowance. The submission timeframe noted in subdivision 1 f of this subsection may be extended by the director for good cause upon request of the owner or operator.

2. Presumptive remedy allowance.

a. Applicability. To expedite corrective action, in lieu of an analysis meeting the requirements of subdivision 3 of this subsection, the owner or operator of any facility monitoring groundwater in accordance with 9VAC20-81-250 C may propose a presumptive remedy for the landfill.

b. Options. The presumptive remedy for solid waste landfills shall be limited to one or more of the following:

(1) Containment of the landfill mass, including an impermeable cap;

(2) Control of the landfill leachate;

(3) Control of the migration of contaminated groundwater;

(4) Collection and treatment of landfill gas; and

(5) Reduction of saturation of the landfill mass.

Containment may be selected as a sole or partial remedy until a determination is made under subdivision F 1 of this section that another remedy shall be employed to meet the requirements of subdivision G 1 of this section concerning remediation completion. Upon recognition that presumptive remedies may not be able to achieve the groundwater protection standards, an assessment of corrective measures shall be initiated within 90 days.

c. Restrictions. Presumptive remedies are not applicable to:

(1) Landfills monitoring groundwater under the Federal Subtitle D equivalent program defined under 9VAC20-81-250 B when the use of the presumptive remedy will be the sole remedy applied to the groundwater release; or

(2) Landfills that may monitor groundwater under 9VAC20-81-250 C but that exhibit contamination beyond facility boundaries unless the proposed presumptive remedy option under subdivision 2 b of this subsection can be demonstrated to show it will address the reduction of contamination already present beyond the facility boundary, and the demonstration is approved by the department.

d. Submission requirements. Owner or operators who wish to propose use of the presumptive remedy allowance shall submit with the proposal, signed by a qualified groundwater professional, an:

(1) Assessment of risks resulting from the contamination at the disposal unit boundary and at the facility boundary;

(2) Evaluation of the current trends in groundwater quality data with respect to the established groundwater protection standards; and

(3) Anticipated schedule for initiating and completing presumptive remedy-based remedial activities.

e. Implementation. Upon conducting a public meeting as required under subdivision 4 of this subsection, submitting a corrective action monitoring plan meeting subdivision D 1 of this section, and modifying the landfill permit in accordance with 9VAC20-81-600 F 2, the owner or operator may proceed with the implementation of the remedy in accordance with subdivision E 1 of this section.

f. Evaluation and response. The owner or operator shall provide an evaluation of the performance of the implemented presumptive remedy every three years, unless an alternate schedule is approved by the director, in a Corrective Action Site Evaluation report containing, at a minimum, the following information:

(a) A description of how the presumptive remedy is performing with respect to the conditions in subdivision H 1 of this section;

(b) Current and historical groundwater data and analysis;

(c) An evaluation of the changes seen in groundwater contamination after the implementation of the remedy and a projection of when the conditions in subdivision H 1 of this section will be achieved; and

(d) The progress toward achieving the schedule required in subdivision C 2 d (3) of this section.

3. Assessment of corrective measures.

a. Purpose. The assessment shall include an analysis of the effectiveness of several potential corrective measures in meeting all of the requirements and objectives of the remedy as described under this subsection, addressing at least the following:

(1) The performance, reliability, implementation ease, and potential impacts of appropriate potential remedies, including safety impacts, cross-media impacts, and control of exposure to any residual contamination;

(2) The time required to begin and complete the remedy;

(3) The costs of remedy implementation; and

(4) The institutional requirements such as state or local permit requirements or other environmental or public health requirements that may substantially affect implementation of the remedies.

b. Requirements. As part of the assessment of corrective measures submitted to the department for review, the owner or operator must demonstrate that one or more possible groundwater remedy has been evaluated for potential application on site. These remedies may include a specific technology or combination of technologies that achieve or may achieve the standards for remedies specified in subdivision 3 c (1) of this subsection given appropriate consideration of the factors specified in subdivision D 1 a of this section.

c. Selection of remedy. As part of submission of the assessment of corrective measures document, the owner or operator shall select a remedy that, at a minimum, meets the standards listed in subdivision H 1 of this section.

(1) The selected remedies to be included in the corrective action plan shall:

(a) Be protective of human health and the environment;

(b) Attain the groundwater protection standard as specified pursuant to 9VAC20-81-250 A 6;

(c) Control the sources of releases so as to reduce or eliminate, to the maximum extent practicable, further releases of solid waste constituents into the environment that may pose a threat to human health or the environment; and

(d) Comply with standards for management of wastes.

d. Evaluation and response. The department shall review the assessment of corrective measures to evaluate the proposed remedy and may require revisions to the assessment. If the assessment is approved without revision, the department will notify the owner or operator to prepare a written corrective action plan based on the proposed remedy and such plan will be submitted within 180 days of the department's notification of approval of the assessment of corrective measures.

4. Public meeting process. As part of the public meeting process completed prior to the submission of a proposal for presumptive remedy or assessment of corrective measures:

a. Newspaper notice. The owner or operator must publish a notice once a week for two consecutive weeks in a major local newspaper of general circulation inviting public comment on the results of the corrective measures assessment or proposal for presumptive remedy as applicable. The notice shall include:

(1) The name of the landfill, its location, and the date, time, and place for the public meeting, and the beginning and ending dates for the 30-day comment period. The public meeting shall be held at a time convenient to the public. The comment period will begin on the date the owner or operator publishes the notice in the local newspaper;

(2) The name, telephone, and address of the owner's or operator's representative who can be contacted by the interested persons to answer questions or where comments shall be sent;

(3) Location where copies of the documentation to be submitted to the department in support of the corrective measures assessment or proposal of presumptive remedy can be viewed and copied prior to the meeting;

(4) A statement indicating that the need to perform the corrective measures assessment or presumptive remedy is a result of a statistically significant increase in one or more groundwater protection standards; and

(5) A statement that the purpose of the public meeting is to acquaint the public with the technical aspects of the proposal, describe how the requirements of these regulations will be met, identify issues of concern, facilitate communication, and establish a dialogue between the permittee and persons who may be affected by the landfill.

b. Document review. The owner or operator shall place a copy of the report and supporting documentation in a location accessible to the public during the public comment period in the vicinity of the proposed landfill.

c. Meeting timeframe. The owner or operator shall hold a public meeting within a timeframe that allows for the submission of a completed assessment of corrective measures or presumptive remedy within 180 days of notifying the department of a groundwater protection standard exceedance or as granted under subdivision 1 g of this subsection. The meeting must be scheduled and held:

(1) No earlier than 15 days after the publication of the notice; and

(2) No later than seven days before the close of the 30-day comment period.

D. Corrective action plan and monitoring plan.

1. The owner or operator shall submit to the department a Corrective Action Plan (CAP) and related Corrective Action Monitoring Plan (CAMP) consistent with the findings as presented in the assessment of corrective measures required under subdivision C 3 of this section, or proposal for presumptive remedy described under subdivision C 2 of this section.

a. Requirements. In preparing a proposed corrective action plan, the owner or operator will consider the following evaluation factors:

(1) The long-term and short-term effectiveness and protectiveness of the potential remedies, along with the degree of certainty that the remedy will prove successful based on consideration of the following:

(a) Magnitude of reduction of existing risks;

(b) Magnitude of residual risks in terms of likelihood of further releases due to waste remaining following implementation of a remedy;

(c) The type and degree of long-term management required, including monitoring, operation, and maintenance;

(d) Short-term risks that might be posed to the community, workers, or the environment during implementation of such a remedy, including potential threats to human health and the environment associated with excavation, transportation, and redisposal or containment;

(e) Time until full protection is achieved;

(f) Potential for exposure of humans and environmental receptors to remaining wastes, considering the potential threat to human health and the environment associated with excavation, transportation, re-disposal, or containment;

(g) Long-term reliability of the engineering and institutional controls; and

(h) Potential need for replacement of the remedy.

(2) The effectiveness of the remedy in controlling the source to reduce further releases based on consideration of the following factors:

(a) The extent to which containment practices will reduce further releases;

(b) The extent to which treatment technologies may be used;

(c) Magnitude of reduction of existing risks; and

(d) Time until full protection is achieved.

(3) The ease or difficulty of implementing a potential remedy based on consideration of the following types of factors:

(a) Degree of difficulty associated with constructing the technology;

(b) Expected operational reliability of the technologies;

(c) Need to coordinate with and obtain necessary approvals and permits from other agencies;

(d) Availability of necessary equipment and specialists; and

(e) Available capacity and location of needed treatment, storage, and disposal services.

(4) Practicable capability of the owner or operator, including a consideration of the technical and economic capability. At a minimum the owner or operator must consider capital costs, operation and maintenance costs, net present value of capital and operation and maintenance costs, and potential future remediation costs.

(5) Ensure that all solid wastes that are managed while undergoing corrective action or an interim measure shall be managed in a manner:

(a) That is protective of human health and the environment; and

(b) That complies with all applicable federal and Virginia requirements.

(6) The degree to which community concerns raised as the result of the public meeting required by subdivision C 4 of this section are addressed by the potential remedy.

b. Implementation and completion timeframes. The owner or operator shall specify as part of the selected remedy a schedule for initiating and completing remedial activities. Such a schedule shall require the initiation of remedial activities within a reasonable period of time taking into consideration the factors set forth in this section. The owner or operator shall consider the following factors in determining the schedule of remedial activities:

(1) Nature and extent of contamination;

(2) Practical capabilities of remedial technologies in achieving compliance with groundwater protection standards established under 9VAC20-81-250 A 6 and other objectives of the remedy;

(3) Availability of treatment or disposal capacity for wastes managed during implementation of the remedy;

(4) Desirability of utilizing technologies that are not currently available, but which may offer significant advantages over already available technologies in terms of effectiveness, reliability, safety, or ability to achieve remedial objectives;

(5) Potential risks to human health and the environment from exposure to contamination prior to completion of the remedy;

(6) Resource value of the aquifer including:

(a) Current and future uses;

(b) Proximity and withdrawal rates of users;

(c) Groundwater quantity and quality;

(d) The potential damage to wildlife, crops, vegetation, and physical structures caused by exposure to the waste constituents;

(e) The hydrological characteristics of the landfill and surrounding land;

(f) Groundwater removal and treatment costs; and

(g) The cost and availability of alternate water supplies;

(7) Practical capability of the owner or operator;

(8) Timeframes for periodic progress reports during design, construction, operation, and maintenance. Items to consider when preparing the reports include but are not limited to:

(a) Progress of remedy implementation;

(b) Results of monitoring and sampling activities;

(c) Progress in meeting cleanup standards;

(d) Descriptions of remediation activities;

(e) Problems encountered during the reporting period and actions taken to resolve problems;

(f) Work for next reporting period;

(g) Copies of laboratory reports including drilling logs, QA/QC documentation, and field data; and

(9) Other relevant factors.

c. Corrective action monitoring program. Any groundwater monitoring program to be employed during the corrective action process:

(1) Shall at a minimum, meet the requirements of the applicable groundwater monitoring program described under 9VAC20-81-250 B 3 or C 3;

(2) Shall determine the horizontal and vertical extent of the plume of contamination for constituents at statistically significant levels exceeding background concentrations;

(3) Can be used to demonstrate the effectiveness of the implemented corrective action remedy; and

(4) Shall demonstrate compliance with the groundwater protection standard established under 9VAC20-81-250 A 6.

2. The proposed corrective action plan shall be submitted to the director for approval. Prior to rendering his approval, the director may:

a. Request an evaluation of one or more alternative remedies;

b Request technical modification of the monitoring program;

c. Request a change in the time schedule; or

d. Determine that the remediation of the release of Table 3.1 constituents is not necessary if the owner or operator demonstrates to the satisfaction of the director that:

(1) The groundwater is additionally contaminated by substances that have originated from a source other than the landfill in a demonstration meeting the requirements of 9VAC20-81-250 A 5 and those substances are present in concentrations such that cleanup of the release from the landfill would provide no significant reduction in risk to actual or potential receptors;

(2) The constituent is present in groundwater that is not currently or reasonably expected to be a source of drinking water and not hydraulically connected with waters to which the constituents are migrating or are likely to migrate in a concentration that would exceed the groundwater protection standards established;

(3) Remediation of the release is technically impracticable; or

(4) Remediation results in unacceptable cross-media impacts.

3. A determination by the director pursuant to subdivision 2 d of this subsection shall not affect the authority of the state to require the owner or operator to undertake source control measures or other measures that may be necessary to eliminate or minimize further releases to the groundwater, to prevent exposure to the groundwater, or to remediate the groundwater to concentrations that are technically practicable and significantly reduce threats to human health or the environment.

4. After an evaluation of the proposed or revised plan, the director will:

a. Approve the proposed corrective action plan as written;

b. Approve the proposed corrective action plan as modified by the owner or operator;

c. Proceed with the permit modification process in accordance with 9VAC20-81-600 F 2; or

d. Disapprove the proposed corrective action plan and undertake appropriate containment or clean up actions in accordance with § 10.1-1402 (18) of the Virginia Waste Management Act.

E. Remedy implementation. Upon completion of the permit modification action described under subdivision D 4 c of this section, the owner or operator shall:

1. Monitoring program. Implement a corrective action groundwater monitoring program meeting the requirements of subdivision D 1 c of this section;

2. Remedy. Implement the remedy described in the Corrective Action Plan and the Permit as amended under subdivision D 4 c of this section; and

3. Interim measures. Take any interim measures necessary to ensure the protection of human health and the environment as described in subsection F of this section.

F. Interim measures.

1. To the greatest extent practicable, interim measures shall be consistent with the objectives of and contribute to the performance of any remedy that may be required pursuant to meeting the groundwater protection standard.

2. Should the director require interim measures pursuant to this section, the director will notify the owner or operator of the necessary actions required. Such actions will be implemented as soon as practicable in accordance with a schedule as specified by the director.

3. The following factors shall be considered in determining whether interim measures are necessary:

a. Timeframes. Time required to develop or implement a final remedy;

b. Exposure. Actual or potential exposure of nearby populations or environmental receptors to hazardous constituents;

c. Drinking water. Actual or potential contamination of drinking water supplies;

d. Resource degradation. Further degradation of the groundwater that may occur if remedial action is not initiated expeditiously;

e. Migration potential. Weather conditions that may cause the constituents to migrate or be released;

f. Accident. Risks of fire or explosion, or potential for exposure to constituents as a result of an accident or failure of a container or handling system; and

g. Other. Situations including the presence of wastes or other contaminants that may pose threats to human health, sensitive ecosystems, and the environment.

G. Remedy performance.

1. The owner or operator shall provide an evaluation of the performance of the remedy consistent with the timeframes established in the permit and present the findings in a Corrective Action Site Evaluation report. The evaluation shall describe the progress toward achieving the groundwater protection standards since implementation of the remedy.

2. An owner or operator or the director may determine, based on information developed after implementation of the remedy or other information contained in the evaluation, that compliance with requirements of subdivision H 1 of this section are not being achieved through the remedy selected. In such cases, the owner or operator shall implement other methods or techniques that could practicably achieve compliance with the requirements, unless the owner or operator makes the determination under subdivision G 3 of this section.

3. If the owner or operator determines that groundwater protection standards cannot be practically achieved with any currently available methods, the owner or operator shall, within 90 days of recognizing that condition:

a. Submit a report, certified by a qualified groundwater scientist, for director approval, that demonstrates that compliance with groundwater protection standards established under 9VAC20-81-250 A 6 cannot be practically achieved with any currently available groundwater remedial methods;

b. Upon receiving director approval under subdivision 3 a of this subsection, implement alternate measures to control exposure of humans or the environment to residual contamination that will remain as a result of termination of remedial actions, as necessary to protect human health and the environment;

c. Implement alternate measures for removal or decontamination of any remediation-related equipment, units, devices, or structures that are:

(1) Technically practicable; and

(2) Consistent with the overall objective of the remedy; and

d. At least 14 days prior to implementing the alternate measures, submit a request for approval to the director describing and justifying the alternate measures to be applied.

H. Remedy completion.

1. The groundwater remedy implemented under corrective action shall be considered complete when:

a. The owner or operator complies with the groundwater protection standards at all points within the plume of contamination that lie at or beyond the disposal unit boundary by demonstrating that no Table 3.1 Column B constituents have exceeded groundwater protection standards for a period of three consecutive years using the appropriate statistical procedures and performance standards as described under 9VAC20-81-250 D; and

b. All other actions required as part of the remedy have been satisfied or completed, and the owner or operator obtains the certification required under subdivision H 2 of this section.

2. Upon completion of the remedy, the owner or operator shall notify the director within 14 days by submitting a certification that the remedy has been completed in compliance with the requirements of the Corrective Action Plan and the permit as modified under subdivision D 4 c of this section.

3. The certification shall be signed by the owner or operator and by a qualified groundwater scientist, and shall include all data relevant to the demonstration of a successful remedy completion.

4. If the director, based on the review of information presented under subdivision H 3 of this section, determines that:

a. The corrective action remedy has been completed in accordance with the requirements of the Corrective Action Plan, the permit as amended, and subdivision H 1 of this section, the director will release the owner or operator from the requirements for financial assurance for corrective action under 9VAC20-70; or

b. The remedy has not yet achieved completion, the owner or operator shall remain in corrective action and meet the financial assurance requirements until such time as a successful demonstration and certification can be made.

Statutory Authority

§ 10.1-1402 of the Code of Virginia; 42 USC § 6941 et seq.; 40 CFR Part 258.

Historical Notes

Derived from Virginia Register Volume 27, Issue 12, eff. March 16, 2011; amended, Virginia Register Volume 27, Issue 22, eff. August 3, 2011; Errata, 28:1 VA.R. 45 September 12, 2011.

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