United StatesEnvironmental ProtectionAgency

Solid Wasteand Emergency Response(OS-305)

EPA/530-SW-91-089March 1993

Criteria for Solid WasteDisposal FacilitiesA Guide for Owners/Operators

...environment-and that requires a strong partnership of federal, state, and tribal governments; industry; and citizens.

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Owners/operatorsmust set up a

system to ensurethat hazardous

wastes are kept outof municipal

landfills.

To make waste management more

effective, federal, state, tribal, and localgovernments are adopting an integratedapproach to waste management. This

strategic approach involves a mix ofthree waste management techniques: 1)

decreasing the amount and/or toxicityof waste that must be disposed of byproducing less waste to begin with

(source reduction); 2) increasingrecycling of materials such as paper,glass, steel, plastic, and aluminum, thusrecovering these materials rather than

discarding them; and 3) providing saferdisposal capacity by improving thedesign and management of incinerators

and landfills.

Source reduction and recycling willkeep a lot of waste out of municipallandfills, but we still need landfills. The

challenge is to make them safe in orderto protect our communities and our

EPAs continuing mission is to minimizethe risks from landfills. The criteriadescribed in this booklet are animportant part of this effort. They

establish minimum national standardsfor landfill design, operation, andmanagement that will enhance landfill

safety and boost public confidence inlandfills as a component of a workableintegrated waste management system.

T his booklet summarizes the provisions of the U.S. Environmental

Protection Agency’s (EPA's) Municipal Solid Waste Landfill (MSWLF)

Criteria. It discusses the major requirements of these regulations, who isrequired to comply and when, how the rule will be implemented and enforced,

and where to obtain more information. States and Indian tribes are expected toadopt these federal standards and implement the regulations through their own

permit programs. This booklet highlights the increased flexibility given to statesand tribes that develop EPA-approved programs.

This booklet provides only an overview of the federal regulations. Readers

affected by them should refer to the actual regulations, which are published inVolume 40 of the Code of Federal Regulations, Part 258 (see the Federal Register,

October 9,1991, 56FR50978). The Agency encourages landfill owners/operators towork with their respective state or tribal authorities, since stateand tribal programs may have different . ..requirements.

Although written primarily forowners/operators of municipalsolid waste landfills, this bookletalso will be useful for others,including state and tribal govern-ment officials, who are responsible

for implementing the regulations.

Introduction

T he problems caused by municipalsolid waste landfills have becomea source of public concern in recent

years. As Americans have become more awareof the potential threat to health and theenvironment from toxic substances, they alsohave become more concerned about the

generation and management of solid waste —sometimes to the point of refusing to allownew landfills near their homes. Americansare generating more municipal solid waste

each year, but available landfill space isdeclining. In 1990, Americans generatedover 195 million tons of municipalsolid waste, and the annual amount isexpected to increase to more than220 million tons by 2000.

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The Purpose of TheseRegulations

H istorically, landfills have beenassociated with somesignificant problems, including

ground-water contamination, whichpartly explains the public’s resistance tonew facilities.

Ground-water contamination. Nearlyhalf the country’s population draws itsdrinking water from aquifers and otherground-water bodies. Ground wateralso is used extensively for agricultural,

industrial, and recreational purposes.Landfills can contribute to the

contamination of this valuable resourceif they are not designed to prevent waste

releases into ground water or detectthem when they occur. Cleaning upcontaminated ground water is a long

and costly process and in some casesmay not be totally successful. Affected

communities often bear both the

cleanup costs and the expense ofproviding other sources of potablewater. By adopting a philosophy ofprevention, the regulations’ improved

design standards will protect groundwater.

Difficulties in landfill siting. The

problem of managing the increased

volume of municipal solid waste is

compounded by rising public resistanceto siting new landfills. The regulations

are designed to ensure that new orexpanded landfills do not contaminateground water and thus becomecommunity burdens. As a result, they

protect the intrinsic value of ground

water and can help avert the pressuresassociated with landfills that can drivedown property values.

Specific prevention measures writteninto the regulations include location

restrictions, operating and design

criteria, and requirements for final coverand post-closure care. The regulationsalso require ground-water monitoring todetect any releases of contaminants fromlandfills. Corrective action and financialassurance provisions ensure immediate

and effective responses to such releases.

Some Definitions Underthe Regulations

Municipal solid waste landfill (MSWLF): A discrete areaof land or an excavation that receives household waste,

and that is not a land application unit, surfaceimpoundment, injection well, or waste pile, as those termsare defined in the law. (Household waste includes any

solid waste, including garbage, trash, and septic tankwaste derived from houses, apartments, hotels, motels,campgrounds, and picnic grounds.) An MSWLF unit alsomay receive other types of wastes as defined underSubtitle D of the Resource Conservation and Recovery Act

(RCRA), such as commercial solid waste, nonhazardoussludge, small quantity generator waste, and industrialsolid waste. Such a landfill maybe publicly or privatelyowned. An MSWLF unit can be a new unit, an existing

unit, or a lateral expansion (see definitions below).

Existing unit: A municipal solid waste landfill unit that isreceiving solid waste as of October 9,1993. Waste

placement in existing units must be consistent with pastoperating practices or modified practices to ensure goodmanagement.

Lateral expansion: A horizontal expansion of the wasteboundaries of an existing unit; does not include expansionin the vertical dimension.

New unit: Any municipal solid waste landfill unit that hasnot received waste prior to October 9,1993.

Small landfill: A landfill serving a community thatdisposes of less than 20 tons of municipal solid waste perday, averaged yearly.

ills receiving waste on or after Octpber 9, 1993, must comply with the regulations.

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EPA has carefully considered theimpacts of the regulations on local

governments. Where possible, EPA haswritten the regulations to allowflexibility in both the technicalrequirements and their implementation.For example, the regulations provide

relief from the more costly requirementsfor certain small landfills. Moreover,

states and tribes with EPA-approvedlandfill permitting programs are given

the opportunity to provide considerableflexibility in applying all majorcomponents of the landfill criteria, sothat site-specific conditions can be

considered in such areas as design andground-water monitoring.

Who Is Covered?

T he regulations apply to owners/

operators of all municipal solidwaste landfills that receive waste

on or after October 9, 1993. Landfillsthat stop accepting waste betweenOctober 9,1991, and October 9,1993,

need only comply with the

requirements for-final cover (see page16). Landfills that stopped acceptingwaste before October 9, 1991, do notneed to comply with these regulations.

The regulations apply to landfills that

accept household waste, which meansany solid waste (including garbage,trash, and sanitary waste in septic tanks)derived from households (includingsingle and multiple residences, hotelsand motels, bunkhouses, ranger

stations, crew quarters, campgrounds,picnic grounds, and day-use recreation

areas). They do not apply to units(including landfills, surfaceimpoundments, waste piles, and land

application units) that accept onlyindustrial nonhazardous waste (e.g.,construction/demolition landfills).

(owners/operators of these units wouldbe required to comply with theprovisions of 40 CFR Part 257.)

As mentioned, owners/operators of

certain small landfills may be eligiblefor exemption from the regulations

governing design, ground-watermonitoring, and corrective action.

See the section entitled “Exemptionsfor Small Landfills,” page 5.

When Do theRequirements Apply?

T he requirements concerninglocation restrictions, design criteria

(new and lateral expansion units

only), operating criteria, and closure/post-

closure care are effective October 9, 1993.

Ground-water monitoring and correctiveaction requirements are effective three,four, or five years after October 9,1991,

depending on a unit’s proximity todrinking water intakes (see sidebar,

page 15). The financial assurancerequirements are effective April 9,1994.

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These dates reflect the requirements ofthe federal MSWLF criteria. Contact

your state or tribal authority to deter-mine specific state/tribal effective dates.

Implementationof the Regulations:Federal, State, Tribal,and Owner/OperatorResponsibilities

Implementation by approvedstates and Indian tribesStates and tribes are entitled to developtheir own permitting programsincorporating the federal landfill criteriato ensure that owners/operators arecomplying. States and tribes also mayestablish requirements that are morestringent than those set by the federal

government. EPA's role is to reviewand approve these programs.

EPA is developing the State/TribalImplementation Rule, which willdelineate the requirements for receivingEPA approval. For permit programs tobe considered adequate, a state or tribe

must have the capability of issuing

permits or some other form of priorapproval, and must establish conditionsrequiring owners/operators to comply

with the landfill regulations. A state ortribe must also be able to ensurecompliance through monitoring andenforcement actions and must providefor public participation.

By securing approval for its program, a

state or tribe has the opportunity for

more flexibility and discretion inimplementing the criteria according tolocal needs and conditions. Owners/

operators located in a jurisdiction withan approved program may benefit from

this potential flexibility, which extendsto all parts of the regulations (see box,page 6).

Implementation in states/tribeswithout approved programsEPA expects that although most stateswill be approved by the effective date ofthe rule, some simply may not apply. Inthese cases, owners/operators arerequired to implement the federalregulations. Each owner/operator mustdocument compliance and supply thisdocumentation to the state or tribe onrequest. Owners/operators mustcomply with state/tribal requirements.

Citizen rolesWhile state, tribal, and local

governments are responsible forensuring compliance with their waste

programs, private citizens play animportant role, too. Individuals canhelp ensure that facilities comply withstate or tribal rules and regulations

through such activities as participatingin any public meetings regardinglandfill siting and permit issuance, and

working closely with their responsiblestate, tribal, and local officials. Citizensalso have the right to sue landfillowners/operators who are not in

compliance with the federal regulations.

Exemptions for SmallLandfills

A proximately 6,000 municipallandfills are potentially subject

to the criteria. Quite a few —

nearly 50 percent — are defined as

“small” landfills, meaning they receivean average of no more than 20 tons ofmunicipal solid waste per day (figured

annually). These landfills generallyserve communities of fewer than 10,000

people.

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The landfill design, ground-water

monitoring, and corrective actionprovisions required under the criteria

are likely to be expensive. Small

communities might be unable to spreadthese costs among many users, therebyleading to significant increases in per-

capita disposal assessments.

The regulations are designed to providethe opportunity for some relief from themore costly requirements without

compromising human health or theenvironment. An owner/operator of asmall landfill may be exempted from thedesign, ground-water monitoring, and

corrective action requirements undertwo circumstances:

1) There is no evidence of ground-water contamination, thecommunity has no practical wastemanagement alternative, and the

landfill is located in an area that

receives less than 25 inches ofprecipitation annually.

2) There is no evidence of ground-water contamination and the

community undergoes an annualinterruption of surface transporta-

tion, lasting at least threeconsecutive months, that preventsaccess to a regional facility. This

exemption is less widespread since,for example, it maybe more

applicable to certain communitiesin rural Alaska.

These exemptions are available to

qualifying small landfills in all states ortribal jurisdictions, even those withoutEPA-approved permitting programs,

providing the state or tribal programdoes not restrict the exemption.

Some small landfillsserving smallcommunities, suchas this one in thedry, western UnitedStates, may qualifyfor exemption fromsome of therequirements.

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Specialrestrictions apply

to landfills sitedin floodplains,

indicated here asthe shaded area.

(The exemptions supplement theflexibility in implementing theregulations given all communities in

Complying Withthe Regulations

states and tribal jurisdictions withapproved programs. See page 6.)

Owners/operators qualifying forexemptions must show why theyqualify and include the documentinginformation in their operating records.

Owners/operators are also required tocomply with all other MSWLFregulations, including the location,

operation, closure and post-closure, andfinancial assurance provisions.

If the owner/operator of an exemptfacility learns of ground-water

contamination at the site, the exemptionis no longer applicable and the owner/

operator must comply with therequirements for design, ground-watermonitoring, and corrective action.

T he regulations describe six

1)

2)

3)

4)

5)

6)

categories of criteria formunicipal solid waste landfills:

Location

Operation

Design

Ground-water monitoring andcorrective action

Closure and post-closure care

Financial assurance

Owners/operators are responsible forreviewing the criteria to determine

which of the provisions apply to theirlandfill(s). (Owners/operators shouldrefer to EPA's Technical Manual for Solid

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Waste Disposal Facility Criteria for

details.) They should also bear in mindthat state or tribal programs might

include provisions that do not mirrorthe federal provisions discussed below.

Owners/operators are thereforeencouraged to work with their state andtribal regulators in complying with theregulations.

LocationThere are six location restrictions thatapply to municipal landfills. Owners/

operators must demonstrate that theirunits meet the criteria and keep thedemonstration documents in the facility

operating record.

If an owner/operator cannot show

compliance with the airport safety,floodplain, or unstable-area provisions,the unit must be closed by October 9,1996. However, states and tribes withEPA-approved programs can extendthis deadline by as much as two years

when no alternative waste managementcapacity exists and there is noimmediate threat to human health andthe environment.

Restricted areasinclude:

1. AirportsThe owner/operator

of a municipallandfill locatedwithin 10,000 feet ofthe end of anyairport runway usedby turbojet aircraft,

or within 5,000 feet ofany airport runwayused only by piston-type aircraft, mustdemonstrate that theunit does not pose a

bird hazard.

Location Criteria SummaryLocation Applicability Closure

If DemonstrationCannot Be Met?

Airport Safety N,E,L YesFloodplains N,E,L Yes

Wetlands N,L NoFault Areas N,L NoSeismic Impact N,L No

Zones

Unstable Areas N,E,L Yes

*(N=New,E=Existing,L=Lateral Expansion)

If an owner/operator plans to build anew unit or laterally expand an existing

unit within 5 miles of any airport, theairport and the Federal AviationAdministration must be notified.

2. Floodplains

Units located in 100-year floodplainscannot restrict the flow of the 100-yearflood, reduce the temporary waterstorage capacity of the floodplain, orallow the washout of solid waste.

ThIe regulationsimpose specialrequirements onlandfills near airportsto preventcompromises to airtraffic safety.

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Landfills may notbe built in unstable

areas prone tolandslides, mud-

slides, or sinkholes,such as the one

shown here.

3. WetlandsIn general, owners/operators of new orexpanding municipal landfills may notbuild or expand in wetlands. However,

states or tribes with EPA-approvedpermitting programs can make

exceptions for units able to show:

● No siting alternative is available.

● Construction and operation willnot (1) violate applicable state/

tribal regulations on water qualityor toxic effluent; (2) jeopardize any

endangered or threatened speciesor critical habitats; or (3) violateprotection of a marine sanctuary.

● The unit will not cause or

contribute to significantdegradation of wetlands.

● Steps have been taken to achieve nonet loss of wetlands by avoiding

effects where possible, minimizingunavoidable impacts, or making

proper compensation (e.g.,

restoring damaged wetlands orcreating man-made wetlands).

4. Fault areas

New units or lateral expansions aregenerally prohibited within 200 feet offault areas that have shifted since the

last Ice Age. However, the director of anapproved state or tribal program mayallow an alternative setback distance of

less than 200 feet if the owner/operatorcan show that the unit will maintainstructural integrity in the event of a faultdisplacement.

5. Seismic impact zonesWhen anew or laterally expanding unitis located in a seismic impact zone, itscontainment structures (liners, leachatecollection systems, surface-water controlsystems) must be designed to resist the

effects of ground motion due toearthquakes.

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6. Unstable areasAll owners/operators must show thatthe structure of their units will not be

compromised during “destabilizingevents,” including:

Debris flows resulting from heavyrainfall.

● Fast-forming sinkholes caused by

excessive ground-waterwithdrawal.

● Rockfalls set off by explosives or

sonic booms.

● The sudden liquification of the soil

after a long period of repeatedwetting and drying.

OperationAll owners/operators must complywith the requirements for propermanagement of municipal solid wastelandfills. These cover a-range ofprocedures, including

1. Receipt of regulated hazardous wasteThe owner/operator must set up aprogram to detect and prevent disposal

of regulated quantities of hazardouswastes and polychlorinated biphenyl(PCB) wastes. The program mustinclude procedures for random

inspections, record keeping, training ofpersonnel to recognize hazardous andPCB wastes, and notification of theappropriate authorities if such waste isdiscovered at the facility.

2. Cover materialThe owner/operator must cover

disposed solid waste with at least 6inches of earthen material at the end ofeach operating day to control vectors,fires, odors; blowing litter, and

scavenging. An approved state or tribemay allow an owner/operator to use analternative cover material or depth,

and/or grant a temporary waiver of the

cover requirement (if local climateconditions make such a requirementimpractical).

3. VectorsThe owner/operator is responsible for

controlling vector populations. Vectorsinclude any rodents, flies, mosquitoes,

or other animals or insects capable oftransmitting disease to humans.Application of cover at the end of each

operating day generally controls vectors.

4. Explosive gasesThe owner/operator must set up aprogram to check for methane gas

emissions at least every three months. Ifthe limits specified in the regulations areexceeded, the owner/operator mustimmediately notify the state/tribaldirector (that is, the official in the state orarea responsible for implementing thelandfill criteria) and take immediate

steps to protect human health and theenvironment. The owner/operator alsomust develop and implement a

remediation plan within 60 days. States

and tribal jurisdictions with approvedprograms may alter this interval.

5. Air qualityOpen burning of waste is not permittedexcept for infrequent burning ofagricultural waste, silvicultural waste,land-clearing debris, diseased trees, or

debris from emergency clean-up

operations. Owners/operators mustcomply with the applicablerequirements of their StateImplementation Plans for meetingfederal air quality standards.

6. AccessThe owner/operator must control

public access to prevent illegaldumping, unauthorized vehiculartraffic, and public exposure. Artificialand/or natural barriers may be used tocontrol access.

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Owners and

operaters mustensure that each

day‘s waste iscovered tocontrollitter and disease-

bearing vermin.

7. Storm water run-on/run-offThe owner/operator must build and

maintain a control system designed toprevent storm waters from running onto the active part of the landfill. Therun-on control system must be able tohandle water flows as heavy as those

expected from the worst storm the areamight undergo in 25 years.

The owner/operator also must build

and maintain a surface water run-offcontrol system that can collect and

control, at a minimum, the surface watervolume that results from a 24-hour, 25-

year storm. Run-off waters must bemanaged according to the requirements

of the Clean Water Act, particularly withregard to the restrictions on thedischarge of pollutants into waterbodies and wetlands.

8. Surface water protectionAll landfills must be operated in a waythat ensures they do not releasepollutants that violate the Clean WaterAct, which protects surface waters.

9. LiquidsA landfill cannot accept bulk ornoncontainerized liquid waste unless (1)the waste is nonseptic household waste,

or (2) it is leachate or gas condensatethat is recirculated to the landfill, andthe unit is equipped with a compositeliner and leachate collection system as

described below under “Design.”

Containers of liquid waste maybeplaced in the landfill only if the

containers: (1) are similar in size to thosetypically found in household waste,

such as cleaning, automotive, or home-improvement products (i.e., containerssuch as 55-gallon drums are excluded);

(2) are designed to hold liquids for use

other than storage; or (3) hold onlyhousehold waste (containers collected inroutine pickups from households).

10. Record-keeping

Owners/operators are required to keepcertain documents in or near the facility,including

● Location restriction

demonstrations.

● Procedures for excludinghazardous waste.

● Gas monitoring results.

● Leachate or gas condensate systemdesign documentation.

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● Ground-water monitoring andcorrective action data anddemonstrations.

● Closure and post-closure plans.

● Cost estimates and financialassurance documentation.

DesignThe criteria for landfill design apply

only to new units and lateralexpansions. (Existing units are notrequired to retrofit liner systems.) The

criteria give owners/operators two basicdesign options.

First, in states and tribal areas with EPA-

approved programs, owners/operatorsmay build their landfills to comply witha design approved by the state/tribaldirector. In approving the design, the

director must ensure that it meets theEPA performance standard, i.e., thatMaximum Contaminant Levels (MCLs)

will not be exceeded in the uppermostaquifer at a “relevant point of

compliance.” This point is determinedby the approved-state/tribal director,but it must be no farther than 150 metersfrom the landfill unit boundary and on

land owned by the landfill owner. (EPAhas already set MCLs for a number of

solid waste constituents; see table.)

In reviewing these performance-baseddesigns, approved states and tribes alsomust consider other factors, such as thehydrogeologic characteristics of thefacility and surrounding land, the local

climate, and the amount and nature ofthe leachate.

The second option is a design developed

by EPA that consists of a composite linerand a leachate collection system. In

general, landfills in states or tribaljurisdictions without EPA-approvedprograms must use this design. The

composite liner system combines anupper liner of a synthetic flexible

Maximum Contaminant Levels(as of October 9, 1991)

Chemical MCL (mg/1)

Arsenic 0.05Barium 1.0Benzene 0.005Cadmium 0.01Carbon tetrachloride 0.005Chromium (hexavalent) 0.052,4-Dichlorophenoxy acetic acid 0.11,4-Dichlorobenzene 0.0751,2-Dichloroethane 0.0051,1-Dichloroethylene 0.007Endrin 0.0002Fluoride 4Lindane 0.004Lead 0.05Mercury 0.002Methoxychlor 0.1Nitrate 10Selenium 0.01Silver 0.05Toxaphene 0.005 .1,1,1-Trichloromethane 0.2Trichloroethylene 0.0052,4,5-Trichlorophenoxy acetic acid 0.01Vinyl chloride 0.002

membrane and a lower layer of soil atleast 2 feet thick with a hydraulic

conductivity of no greater than 1 X 10-7cm/sec. The leachate collection systemmust be designed to keep the depth ofthe leachate over the liner to less than 30

centimeters.

The criteria also provide an option for

owners/operators in nonapprovedstates or tribal jurisdictions to use theperformance standard (rather than theEPA design described above), providing

that both of the following conditions aremet:

EPA does not promulgate a State/Tribal Implementation Rule by

October 9,1993.

● The state or tribe determines that

the alternative design meets the

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Performance of alandfill cover must

meet certain federalminimum criteria.

performance standard in thefederal criteria; the state or tribepetitions EPA to review this deter-

mination; and EPA does not denythe determination within 30 days.

Ground-Water Monitoringand Corrective ActionThis section sets criteria for ground-

water monitoring systems, programs for

sampling and analysis of ground water,and corrective action as necessary to

ensure that human health and theenvironment are protected. Here, aswith the other provisions in the federalcriteria, approved states and tribes may

adopt programs with requirements thatare more stringent than the federal

criteria. Again, owners/operators areencouraged to work closely with theirstates or tribes.

Ground-water monitoring systemsGenerally, ground-water monitoringmust be conducted at all MSWLF units.

Owners/operators must install enoughground-water monitoring wells in the

appropriate places to accurately assess

the quality of the uppermost aquifer (1)beneath the landfill before it has passed

the landfill boundary (to determinebackground quality) and (2) at arelevant point of compliance (down-gradient). Owners/operators should

consider the specific characteristics ofthe sites when establishing theirmonitoring systems, but the systemsmust be certified as adequate by a

qualified ground-water scientist or thedirector of an EPA-approved state/tribal program.

In approved states and tribal jurisdic-

tions, an owner/operator maybe able to

obtain a variance from the ground-watermonitoring requirements if the owner/

operator can demonstrate that thelandfill is located over a geologic

structure that will prevent hazardousconstituent migration to the groundwater. The demonstration must show

that no migration of constituents fromthe unit will occur during the unit’s life,including the closure and post-closure

care period.

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Detection and assessment monitoringprogramsStates and tribes with EPA-approvedprograms have the flexibility to design

ground-water monitoring programs thatare well-suited to the landfills operatingin their area, and that may therefore

differ from the federal program. Instates/tribes without an approved

permit program, owners/operatorsmust follow the federal regulations

describing detection and assessmentmonitoring.

During detection monitoring, owners/

operators must take ground-watersamples and analyze them for specific

constituents (as defined in the federalregulations or by the director of an

approved state/tribal program). Underthe federal regulations, sampling andanalysis must be conducted at leasttwice a year. Approved state/tribalprograms may set alternativefrequencies, but sampling and analysismust be done at least annually. If

significant ground-water contaminationis detected, owners/operators may seekto demonstrate that the results are due

to contamination from other sources,sampling error, or natural variation inground-water quality. Otherwise,owners/operators must notify theappropriate state/tribal official and

begin assessment monitoring.

The purpose of assessment monitoringis to determine the nature and extent ofground-water contamination. During

assessment monitoring, ground-watermust be analyzed both for constituentsdetected initially and for other

constituents (defined in the federalcriteria or by the director of an approved

state/tribal program). States and tribeswith EPA-approved programs specify

the frequency for sampling and analysisconducted during assessmentmonitoring. In nonapproved states andtribes, the frequency is specified in the

ScheduIefor ImplementingGround-WaterMonitoring

An EPA-approved state or tribe can set its ownschedule, provided at least 50 percent of all the state’s ortribe’s units comply by October 9,1994, and all are in

compliance by October 9,1996.

If a state or tribe has not been approved by EPA,

owners/operators must comply with the followingschedule for installing ground-water monitoringsystems:

. If a site is less than 1 mile in any direction from adrinking water intake (whether surface or ground-

water), by October 9,1994.

● If the site is farther than 1 mile but less than 2miles, by October 9,1995.

. If the site is more than 2 miles, by October 9, 1996.

New units must install monitoring systems prior toaccepting any waste.

federal regulations. As in detectionmonitoring, if ground-water analysis

shows significant contamination,owners/operators might be able tomake the determination that the landfillis not the source of the contamination. If

the owner/operator cannot make thisdetermination, then the ground watermust be cleaned up (see “CorrectiveAction” below). In EPA-approved states

and tribes, it must be cleaned up tolevels specified by the state/tribaldirector; in nonapproved states andtribes, contamination must not exceedfederal limits set for drinking water

quality or background levels.

The federal ground-water monitoringrequirements are more complex and

technical than described here. Athorough explanation of the regulations

can be found in EPA's Technical Manualfor Solid Waste Disposal Facility Criteria.

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Some owners/operatorsmay choose to install

leachate collectionsystemsr such as the one

shown here. Thesesystems are designed to

collect any fluids thatseep down through the

landfill. The fluids canbe recycled in the

landfill or treated fordisposal elsewhere.

Ground-water monitoring regulations instates and tribes with EPA-approvedprograms may differ somewhat fromthe federal regulations. Landfill

owners/operators conducting ground-water monitoring in nonapproved statesand tribes must comply with the federalregulations in addition to their state’s or

tribe’s regulations. In all cases, theowner/operator is encouraged to workwith his or her state or tribe to ensure

compliance with all applicableregulations.

The corrective action programCleaning up ground water requires

corrective action. The owner/operatormust assess corrective measures andselect the appropriate one(s). Duringcorrective action, the owner/operatormust continue ground-watermonitoring in accordance with theassessment monitoring program.

While evaluating potential remedies, theowner/operator must hold a publicmeeting to discuss them. Once theremedy has been selected, the owner/

operator is responsible for carrying itout. During this period, a ground-watermonitoring program must beestablished to measure the effectiveness

of the remedy. The owner/operatormust continue corrective action until

compliance with the clean-up standardhas been met for three consecutive

years, although the director of anapproved state or tribal program may

specify a different period.

Closure and Post-Closure

CareThe criteria establish specific standards

for all owners/operators to follow when

closing a landfill and setting up aprogram of monitoring andmaintenance during the post-closure

period. The owner/operator must enterthe closure and post-closure plans into

the landfill’s operating records byOctober 9,1993, or by the initial receipt

of waste, whichever is later.

Owners/operators of landfills that stopreceiving waste between October 9,1991, and October 9,1993, must installfinal covers that meet the federal criteria

within six months of the last receipt ofwaste. Here again, owners/operators

should work with their state or tribalprogram officials to ensure that all

applicable closure requirements areconsidered.

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The final cover must be designed and

constructed to have a permeability lessthan or equal to the bottom liner system

or natural subsoils, or a permeability nogreater than 1X10-5 cm/see, whichever islower. Thus, the regulation is in theform of a performance standard thatmust be achieved by the owner/

operator.

The final cover must be constructed ofan infiltration layer composed of aminimum of 18 inches of earthen

material to minimize the flow of waterinto the closed landfill. The cover mustalso contain an erosion layer to prevent

the disintegration of the cover. Theerosion layer must be composed of a

minimum of 6 inches of earthen materialcapable of sustaining plant growth.

When a landfill’s bottom liner systemincludes a flexible membrane or

synthetic liner, the addition of a flexibleliner in the infiltration layer cover will

generally be the only design that willallow the final cover design to achieve apermeability less than or equal to thebottom liner.

The director of an approved state ortribe may approve an alternative final

cover design that achieves anequivalent reduction in infiltrationand protection from erosion as the

design described above.

For 30 years after closure, the owner/operator is responsible for maintainingthe integrity of the final cover, monitor-ing ground water and methane gas, and

continuing leachate management.(Approved states/tribes may vary this

interval.)

Financial AssuranceAll units except those owned or

operated by state or federal govern-ment entities must comply with thefinancial assurance criteria, which are

Closing a Landfill — and Beyond

Owners/operators must follow certainprocedures when closing a municipal landfill,including the following

The state or tribe must be notified prior to closure.

A closure plan must be prepared.

The final cover must consist of at least 18 inches of

earthen material of a specified permeability, withan erosion layer at least 6 inches thick. (An

approved state/ tribe may allow an alternativecover design.)

An independent certified engineer must certify that

closure was conducted in accordance with theplan.

The deed of property must note that the propertywas used as a landfill and that future use isrestricted.

For 30 years following closure (or an alternativeperiod designated by an approved state or tribe),owners/operators are responsible for maintaining theintegrity of the final cover, continuing to monitorground water and methane, and continuing leachatemanagement.

effective April 9, 1994.

The owner/operator must demonstratefinancial responsibility for the costs of

closure, post-closure care, and correctiveaction for known releases. This require-ment can be satisfied by the followingmechanisms:

Trust fund with a pay-in period.

Surety bond.

Letter of credit.

Insurance.

Guarantee.

State assumption of responsibility.

Multiple mechanisms (a combina-tion of those listed above).

...tribal program officials and their regional EPA office to address questions about the requirements.

Owners/operators of landfills inapproved states or tribal jurisdictionsmay also use other state-approvedmechanisms.

EPA is currently developing provisionsfor four additional financial mechanismsthat owners/operators can use to satisfythe financial assurance requirements: (1)a financial test for local governmentowners/operators; (2) a financial test forcorporate owners/operators; (3) aguarantee for local governments thatwish to cover the costs of a municipallandfill for an owner/operator; and (4) aguarantee for corporations that wish to

cover the costs ofa landfill for anowner/operator.

Conclusion

T he standards described in thisbooklet are federal minimumrequirements for owners/

operators of MSWLF units. Readersshould understand that the regulation ofmunicipal landfills is, and will continueto be, primarily a state and tribalfunction. States and tribes are thereforeurged to revise their programs as soonas possible to incorporate these criteria,so that they can take advantage of theflexibility that accompanies programapproval.

Owners/operators are again remindedthat state and tribal programs may bemore stringent than the federal criteria.They should work closely with state or

6

Areas of Flexibility for EPA-Approved States and Tribes

States and tribes with approved permitting programs have the opportunity to provide owners/operators additional flexibility. Some examples of this flexibility are listed below.

Approved states or tribes may:

Location:Allow siting of new and laterally Approve an alternative frequency for

expanding landfills in wetlands, providing detection monitoring.

certain conditions are met. Modify list of assessment monitoring

Extend deadlines for closure of existing parameters (Appendix II constituents),

landfills that do not comply with the Specify alternative frequencies for ,unstable area, floodplain, and airport safetyprovisions.

assessment monitoring.

Establish Ground-water Protection

Operation:Standards for any constituent for which aMaximum Contaminant Level has not been

● Allow use of alternative cover materials. established.

Grant temporary waivers of coverrequirement.

Corrective action:● Determine that cleanup of a particular

Design: Appendix II constituent is not necessary.

Approve landfill designs appropriate for Specify an alternative time period definingsite-specific conditions. the end of corrective action.

Ground-water monitoring: Closure and post-closure care:Establish alternative schedules for existinglandfills and lateral expansions of existing

Approve use of an alternative final cover.

landfills to comply with ground-water Grant extensions beyond specified

monitoring. deadline for beginning closure activities.

Establish a site-appropriate boundary (or Grant extensions beyond specified

relevant point of compliance) for ground- deadline for completing closure.

water monitoring (and corrective action Reduce or increase the 30-year post-closureand design). care period.

● Allow use of a multi-unit ground-watermonitoring system, instead of separate

monitoring systems for each unit at a Financial assurance:

facility. Approve use of alternative financialassurance mechanisms.

● Modify list of detection monitoringparameters (Appendix I constituents).

19

For More Information

For more information about specific requirements for solid waste landfills inyour area, contact your state solid waste agency. If you don’t know how toreach them, call one of the resources listed below. The RCRA Hotline

maintains current lists of all state solid and hazardous waste management officials.While these information centers are the best place to start collecting information, itmay still be useful to ask these contacts if some other source maybe able to give you

additional help.

RCRA HotlineProvides information about RCRA regulations and policies, and takes document requests.

Hours: Monday-Fndayr 8:30 a.m. to 730 p.m., ESTTelephone: Toll-free — (800) 424-9346

TDD (hearing impaired) — (800) 553-7672Washington metro area — (703) 412-9810TDD — (703) 412-3323

EPA RCRA Information Center (Docket)Maintains and tracks policy and guidance documents; provides nontechnical assistance andwritten reference services; develops and disseminates public information materials.

Hours Monday-Friday, 9:00 a.m. to 4:00 p.m., ESTTelephone (202) 260-9327

Address: RCRA Information CenterU.S. Environmental Protection Agency401 M Street, SW. (OS-305)Washington, DC 20460

Solid Waste Assistance ProgramCollects and distributes information on all aspects of municipal solid waste management.

Hours: Monday-Friday, 8:30 a.m. to 5:00 p.m., EST

Telephone Toll-free — (800) 677-9424Address: Solid Waste Assistance Program

P.O. Box 7219

Silver Spring, MD 20910

National Response CenterAccepts reports of oil and chemical spills or any other environmental incident.

Hours: 24 hours a day, 365 days a year.Telephone: Toll-free — (800) 424-2675

Washington metro area — (202) 426-2675

EPA Small Business OmbudsmanHelps small businesses comply with environmental laws and EPA regulations.

Hours Monday-Friday, 8:30 a.m. to 5:00 p.m., ESTTelephone Toll-free — (800) 368-5888

Washington metro area — (703) 305-5938

20

EPA Regional Contacts

U.S. EPA Region 1Waste Management

Division (HEE-CAN 6)JFK Federal BuildingBoston, MA 02203(617) 573-9656

U.S. EPA Region 2Air & Waste Management

Division (2AWM-SW)26 Federal PlazaNew York, NY 10278(212) 264-0002

U.S. EPA Region 3RCRA Solid Waste

Program (3HW53)841 Chestnut StreetPhiladelphia, PA 19107(215) 597-7936

U.S. EPA Region 4Waste Management

Division(4WD-RCRA-FF)

345 Courtland Street, NEAtlanta, GA 30365(404) 347-2091

U.S. EPA Region 5Waste Management

Division (H-7J)77 West Jackson Blvd.Chicago, IL 60604(312) 353-4686

U.S. EPA Region 6RCRA Programs BranchFirst Interstate Bank

Tower1445 Ross Avenue,

Suite 1200Dallas, TX 75202(214) 655-6655

U.S. EPA Region 7 U.S. EPA Region 10Waste Management Hazardous Waste Division

Division (HW-114)726 Minnesota Avenue 1200 Sixth AvenueKansas City, KS 66101 Seattle, WA 98101(913) 551-7666 (206) 553-2857

U.S. EPA Region 8Hazardous Waste

Management Branch(HWM-WM)

999 18th Street, Suite 500Denver, CO 80202-2466(303) 293-1661

EPA Region 9Hazardous Waste

ManagementDivision (H-3-1)

75 Hawthorne StreetSan Francisco, CA 94105(415) 744-2074

U.S.GOVERNMENT PRINTINGOFFICE: 1993 719-116/61149

The information in this document has beenfunded wholly or in part by the UnitedStates Environmental Protection Agency(EPA) under assistance agreement#X820495-0l-0 to the Solid WasteAssociation of North America. It has beensubjected to the Agency’s peer andadministrative review and has beenapproved for publication as an EPAdocument. Mention of trade names orcommercial products does not constituteendorsement or recommendation for use.