NCD980602163_19820805_Warren County PCB Landfill_SERB C_Re last amendment to the complaint-OCR

D 0 RIITURN Wl'l'H MORIE DIITAN..9 D NOTE AND HIE ME ABOUT THIS D PLIEASIE ANSWIER D . PIER YOUR RKQUIEST Q P'OR YOUR APPROVAL D P'OR YOUR INFORMATION D FOR YOUR COMIIIINYS D PREPARE REPLY P'OR MY SIGNATU,RIE D 0 TAKE APPROPRIATE ACTION COMMENT&:
RUFUS L . EDMISTEN
ATTORN EY GENERAL
MEMORANDUM
TO:
~hrlc of ~ od~ filnrolimt
~epartment nf Wustice
P. 0 . Box 6 2 9
R AL EIGH
27602
5 August 1982
Secretary Heman Clark
Bill Phillips
Tom Karnoski
Frank Rainey
FROM: W. A. Raney, Jr.~
Special Deputy Attorney General
RE: PCB Landfill
G 9 1
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The last amendment to the complaint in the case of NAACP,
et al v. Gorsuch, et al, points out the need for the State and
its agents and contractors to be extra careful to assure that
all of the terms and conditions of the EPA approval and the
applicable regulations are met during construction of the
landfill. It is quite possible that the opponents of the land-
fill will be looking very closely to assure that all the
conditions are complied with. We have continually given
assurance that the conditions would be met and it would be
difficult to explain any variation.
I have enclosed copies of the EPA approval letters and
conditions so that you will all be aware of the requirements.
In addition I have included a copy of the applicable regulations
which must be followed in the absence of a waiver from EPA. I f
you have any legal questions give me a call. I f you have
technical questions they should probably be ultimately discussed
with EPA.
/ck
Enclosures
.• Fe<le:al Register / Vol. 44, No. 106 / Thursday, May 31, 1979 / Rules and Regulations 31553
. ,iecass,iry to protect against such a
: · and may waive the requirements in
, ~· approval for that incinerator. Any
;:i:ng and waiver under this
.b?aragraph must be stated in writi.o..g
.J included as part of the approval.
(6j Persons Approved. An approval
ill designate the persons who own and
·ho are authorized to operate the
cir.erator, and will apply only to such
ersons, except as provided in
aragraph (8) below.
(7) Final Approval. Approval of an
~cinerator will be in writing and signed
y the Regional Administrator. The
•pproval will state all requirements
1pplicable to the approved incinerator.
(8) Transfer of Property. Any person
ho owns or operates an approved
r.cinerator must notify EPA at least 30
ays before transferring ownership in
. e incinerator or the property it stands
·pon, or transferring the right to operate
the incinerator. The transferor must also
~ ~1-;rr,Jt to EPA. at least 30 days before
such transfer, a notarized affidavit _
signed by the transferee which states
that the transferee will abide by the
transferor's EPA incinerator approval.
Within 30 days of receiving such
notification and affidavit. EPA will issue
an amended approval substituting the
transferee's name for the transferor's
name, or EPA may require the transferee
to apply for a new incinerator approval.
In the latter case, the transferee must
aoide by the transferor's EPA approval
until EPA issues the new approval to the
transferee. ·
.A.1-nex H
§ 761.41 Chemical waste landfllls.
(a) General. A chemical waste landfill
;ised for the disposal of PCBs and PCB
Iteffis shall be approved by the Agency
Regia:ial Administrator pursuant to
paragraph (c) of this section. The landfill
shall meet all of the requirements ..
soecified in paragraph (b) of this
s~ction, unless a waiver from these
requirements is obtained pursuant to
paragraph (c)(4) of this section. In
addition, the landfill shall meet any
other requirements that may be
prescribed pursuant to paragraph (c){3)
of this section.
(b) Technical Requirements.
Requirements for chemi::al waste
ls.ndfills used for the disposal of PCBs
a..'1d PCB Items are as follows:
(1) Soils. The landfill site shall be
located in thick. relatively impermeable
formations such as large-area clay pans.
Where this is not possible, the son shall
have a high clay and silt content with
the following parameters:
(i) In-place soil thickness, 4 feet or
compacted soil liner thickness, 3 feet;
(ii} Permeability (cm/sec), equal to or
less than 1 X 10-1; ,
(iii) Percent soil passing No. 200 Sieve,
>30;
(iv) Liquid Limit, >30; and
(v) Plasticity Index > 15.
(2) Synthetic Membrane Liners.
Synthetic membrane liners shall be used
when. in the judgment of the Regional
Administrator, the hydrologic or
·geologic conditions at the landfill..
require such a liner in order to provide
at least a permeability equivalent to the
soils in (1) above. Whenever-a synthetic
liner is used at a landfill site, special
precautions shall be taken-to inaure that
its integrity is maintained and that it is
chemically compatible with PCBa.
Adequate soil underlining and soil cover
shall be provided to prevent excessive
stress on the liner and to prevent
rupture of the liner. The liner must have
a minimum thickness of 30 mils.
(3) Hydrologic Conditions. The bottom
of the lar,dfill shail be above the
historical high groundwater table as
provided below. Floodplain&,
shorelands, and groundwater recharge
areas shall be avoided. There shall be
no hydraulic connection between the
site and standing or flowing surface
water. The site shall have monitoring
wells and leachate collection. The
bottom of the landfill liner system or -
natural in-place soil barrier shall be at
least fifty feet from the historical high
water table.
(4) Flood Protection. (i) Uthe landfill
site is below the 100-year floodwater
elevstion, the operator shall provide
surface water diversion dikes around
the perimeter of the landfill site with a
minimum height equal to two feet above
the 100-year floodwater elevati on.
· (ii) If the landfill site is above the 100-
year floodwater elevation. the operators
shall provide diversion structures
capable of diverting all of the surface
water runoff from a 24-hour, ZS-year
storm. ·
(5) Topography. The landfill site shall
be located in an area of low to moderate
relief to minimize erosion and to help
prevent landslides or slumping.
(6) Mo!'litoring Systems. (i) Water
Sampling. (A) For all sites receiving
PCBs, the ground and surface water
from the dis posal site area shall be
samp!e<l prior to commencing operatioru
under an approval provided in
§ 761.41{c) for use as baseline data.
(BJ Any surface watercourse
designated by the Regional
Administ:.ator using the authority
provided in § 761 .41(c}(3)(ii) shall be
sampled at least monthly when the
landfill is being used for disposal
opera tior:.s.
(C) Any surface watercourse
designated by the Re~ional
Administrator using the authority
provided in § 761.41(c)(J)(ii) shall be
sampled for a time period specified by
the Regional Ad.mirust.rator on a
frequency of no less than once every six
months after final closure of the
disposal area. .
{ii) Groundwaler ,\.fonitor Wells. (A) If
underlying earth materials are
homogenous. impermeable. and
uniformly sloping in one direction, only
three sampling points shall be
.necessary. These three points shall be
equally spaced on a line through the
center of the disposal area and
extending from the area of highest water
table elevation to the area of the lowest
water table elevation on the property .
(Bl All monitor wells shall be cased
and the annular space between the
monitor zone (zone of saturation} and
the surface shall be completely
backfilled with Portland cement or an
equivalent material and plugged with
Portland cement to effectively prevent
percolation of surface water into the
well bore. The well opening at the
surface shall have a removable cap to
provide access and to prevent entrance
of rainfall or storm water runoff. The
well shall be pumped to remove the
volume of liquid initially co{ltained in
the well before obtaining a sample for
analysis. The discharge shall be treated
to meet applicable State or Federal
discharge standards or recycled to the
chemical waste land.fill.
(iii) Water Analysis. As a mi."limum,
all sam;,les shall be amlyzed for the-
following parameters, and all data and
records of the sampling and analysis
shall be maintained as required in
Annex_ VI-§ 761.45(d)(l). Sampling
methods and analytical procedures for
these parameters shall comply with
those specified in 40 CFR Part 138 as
amended in .;1 FR szr.9 on December 1,
1976.
(Al PCBs.
(Bl pH.
(C) Specific Conductance.
(DJ Chlori._'1ated Organics.
(7) leachate Collection. A leachate
collection monitoring system shall be
installed above the chemical waste
landfill. Leachate collection systems
shall be monitored monthlr f;r quantity
and physicochemical characteristics of
leachate produced. The leachate should
be either treated to acceptable limits for
dischar;;e in accordance with a Stale or
Federal permit or di-,posed of by another
State or Federally approved method.
Water analysis shall be conducted as
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Federal Register / Vol. 44, No. 106 / Thun,day. May 31, 1979 / Rules end Regulations
ded in subparagraph (6) (iii) of this
graph. Acceptable leachate
.titori.ng/collection systems shall be
, of the following designs, unless a
iver is obtained pursuant to
uagraph (c)(4) of .this section.
(i) Simple Leachate Collection. This
system consists of a gra\-ity flow
drainfield installed above the waste
disposal facility liner. This design is
recommended for use when semi-solid
or teachable solid wastes are-placed in a
lined pit excavated into a relatively
thick, unsaturated, homogenous layer of
low permeability soil.
(ii) Compound Leachate Collection.
This system consists of a gravity flow
drainfield installed above the waste
disposal facility liner and above a
secondary installed liner. This design is
recommended for use when semi-liquid
or teachable solid wastes are placed in a
lined pit excavated into relatively
permeable soil
(ii) Suotion Lysimeters. This system
consists of a network of porous ceramic
cups connected by hoses/tubing to a
vacuum pump. The porous ceramic cups
or suction lysimeters are installed along
the sides and under the bottom of the
waste disposal facility liner. This type ·of
system works best when installed in a
relatively permeable unsaturated soil
immediately adjacent to the bottom
and/or sides of the disposal facility.
(8) Chemical Waste Landfill
Operations. (i) PCBs and PCB Items
shall be placed in a landfill in a manner
that will prevent damage to containers
or articles. Other wastes placed in the
landfill that are not chemically
compatible with Pf.'.Bs and PCB ltP.ms
including organic solvents shall be
segregated from the PCBs throughout the
waste handling and disposal process.
(ii) An operation plan shall be
developed and submitted to the .
Regional Administrator for approval as
required in paragraph (c) of this section.
This plan shall include detailed
explanations of the procedures to be
used for recordkeeping, i,urface water
handling procedures, excavation and
backfilling, waste segregation burial
coordinates, vehicle and equipment
movement, use of roadways, foachate
collection systems, sampling and
monitoring procedures, .monitori,ng
wells, environmental emergency
contingency plans, and security
measures to protect against vandalism
and unauthorized waste placements.
EPA guidelines entitled "Thermal
Processing and Land Disposal of Solid
Waste" (39 FR 29337, August 14, 1974)
are a useful reference in preparation of
this plan. If the facility is to be used to
dispose of liquid wastes containing
between 50 ppm anci 500 ppm PCB. the
operations plan must include procedures
to determine that i.iquid PCBs to be
disposed of at the landfill do not exceed
500 ppm PCB and meaures to prevent
the migration of PCBs from the landfill.
Bulk liquids not exceeding 500 ppm
PCBs may be disposed of provided such
waste is pretreated and/or stabilized
(e.g., chemically fixed, evaporated,
mixed with dry inert absorbant) to
reduce its liquid content or increase its
solid content so that a non-flowing
consistencv is achieved to eliminate the
presence of free liquids prior to final
disposal Lri a landfill. PCB Container of
liquid PCBs with a concentration
between 50 and 500 ppm PCB may be
disposed of if each container 1s
surrounded by an amount of inert ·
sorbant material capable of absorbing
all of the liquid contents of the
container.
(iii) Ignitable wastes shall not be
disposed of in chemical waste landfills.
Liquid ignitable wastes are wastes that
have a flash point less than 60 degrees C
(140 degrees F) as determined by the
following method or an equivalent ·
method: Flash point of liquids shall be
determined by a Pensky•Martens Closed
Cup Tester, using the protocol specified
in ASTM Standard D-93, or the
Setaflash Closed Tester using the
. protocol specified in ASTM Standard D-
3278. > (iv} Records shall be maintained for
all PCB disposal operations and shall
include information on the PCB
concentration in liquid wastes and the
three dimensional burial coordinates for
PCBs and PCB Items. Additional reccr<ls
shall be developed and maintained as
required in Annex VI.
(9) Supporting Facilities. (i) A six foot
woven mesli fence, walL or similar
device shall be placed around the site to
prevent unauthorized persons and
animals from entering.
(ii) Roads shall be maintained to cilld
within the site which are adequate to
support the operation and maintenance
of the site without causing safety or
nuisance problems or hazardous
conditions.
(iii) The site shall be operated and
maintained in a manner to prevent
safety problems or hazardous conditions
resulting from spilled liquids and
windblown materials.
(c) Approval of Chemical Waste
Landfills. Prior to the disposal of any
PCBs and PCB Items in a chemical
waste landfill, the o.,.."11er or operator of
the landfill shall receive ,vntten
approval of the Agency Regional
Administrator for the Region in which
the landfill is located. The approval
shall be obtained in the following
manner:
(1) Initial Report. The owner or
operator shall submit to the Regio nal
Administrator an initial report which
contains:
(i) The location of the landfill:
(ii) A detailed description of the
landfill including general.site plans and
design drawings;
(iii) An engineering report describing
the manner is v,;hich the landfill
complies with the requirements for
chemical waste landfills specified in
paragraph (b) of this section;
(iv) Sampling and monitoring
· equipment and facilities available;
(v) Expected waste volumes of PCBs;
(vi) General description of waste
materials other than PCBs that are
expected to be disposed of in the
landfill:
(vii) Landfill operations plan as
required in paragraph (b) of this sectio:-,:
(viii) Any local. State, or Feoeral
pemJts or approvals; ancl.
(ix} Any schedules er plans for
complying with the approval
requirements of these regulations.
(2) Other Information. In addition to
the information contained in the report
described in subparagraph (1) of this
paragraph, the Regional Administrator
may require the owner or operator to
submit any other information that the
Regional Administrator finds to be
reasonably necessary to determine
whether a chemical waste landfill
should be approved. Such other
information shall be restricted to the
types of information.required in
c;ubpara~ "'!is {1)(1) through (l)(i>:) of
this paragraph.
(3) Contents of Approval. (i) Except as
provided in subparagraph (4) of this
paragraph the Regional Admirustrator
may not approve a chemical waste
landfill for the disposal of PCBs and PCB
Items, unless he finds that the landfill
meets all of the requirements of
paragraph (b) of this Ann.ex.
(ii) In addition to the requirements of
paragraph (b) of this section, the
Regional Administrator may include in
an.approval any other requirements or
provisions that the Regional
Administrator finds are necessary to
ensure that operation of the chemical
waste landfill does not present an
unreasonable risk of injury to health or
the environment from PCBs. Such
provisions may include a fixed period of
time for which the approval is valid.
The approval may also include a
stipulation that the operator of the
chemical waste landfill report to the
Regional Administrator any instance
when PCBs are detectable du:-ing
-,-Federal ~egister / Vol. 44, ·No. 106 / nursday, May 31, 1979 / Rules and Regulations __. ~' . ~'" :::-. ::.;;--• ·, 'It • Ii,
-,itoring ?:-th:itins conducted . from_ storage~ and dispos~d ?fas Transformen that have not been >·•ant to paragraph (b)(5) of this reqwred by ~ubpart_B within one year drained of free flow;:1g dielectric fbid .;i~,n. · . ~rom the date when it was first placed may be stored on pa!!ets nt .. 'lCI to a
.;l Woi~•us. An owner or operator of rnto storage. . . storage facility that meets the_
,.'.,:.1:cal waste landfill may submit (b) ~cept a.s provided in paragraph requirements of pa:agraph (b) until
· ;8nce to the Regional Administrator (c) of this sectwn, after July 1, 1978. January 1. 1S8J. PCB-Cont.lminated ~ op-:ration of the landfill will not owners or operators of any facilities Transformer.i that have been drained of
•5.,nt an unreasonable risk of injury to used for the storage of PCBs and PCB free flowing dielectric fluid are not
~Ith or the environment from PCBs Items designated for clisposal shall subject to the storage provisions of
;;n one or more of the re·quirements of comply with the following requirements: Annex llL Storage under this
r.:igraph (b) of this section are not met. (1) The facilities shall meet the subparagraph will be permit:ed only
the basis of such evidence and any following criteria: when the storage facility has
er available information. the (i) Adequate roof and walls to prevent immediately available i.mfilled storage
10nal Administrator may in his rain water from reaching the stored space equal to 10 irercent of the volume
cretion find that one or more of the PCBs and PCB Items; of.capacito~ ancttransforme~ stored
iuirements of§ 761.41(b) is not (ii) An adequate floor which has outside t.ie facility. The capacitol'3 and
:essary to protect-against such a risk continuous curbing with a minimum six transformers temporarily stored outside
may waive the requirements in any inch high curb. The floor and curbing the facility shall be checked for leaks
roval for that landfill. Any finding must provide a containment volume weekly.
· walver under this paragraph will be equal to at least two times the internal (3) Any storage area subject to the
ted in writing and included as part of volume of the largest PCB Article or PCB requirements of paragraph (b) or
approval. Container stored therein or 25 percent of subparagraph (c)(l) of this section shall
5) Persons Approved. Any approval the total internal volume of all PCB be marked as required in Subpart C-
' designate the persons who own and Articles or PCB Containers stored § 761.20{a)(10).
0 are authorized to operate the therein, whichever is greater: (4) No item of movable equipment that
mica! waste land.fill, and will apply (iii) No drain valves, floor drains. is used for handling PCBs and PCB Items •
y to such persons, except as provided expansion joints, sewer lines, or other in the storage facilities and that comes
paragraph (7) below. openings that would permit liquids to in direct contact with PCBs shall be-
) Final Approval. Approval of a flc N t·om the cw-bed area; removed froru 4be storage facility area
deal waste landfill will be in (iv) Floors and curbing constructed of unless it has baen decontaminated as
ting and will be signed by the continuous smooth and impervious specified in Annex IV,§ i61.43.
iooal Administrator. The approval materials, such as Portland cement (5) All PCB Articles and PCB
state all requirements applicable to concrete or steel, to prevent or mioimiu Containers in storage shall be checked
approved landfill penetration of PCBs; and for leaks at least once every 30 days.
(v) Not located at a site that is below Any leaking PCB Articles and PCB
) Transfer of Property. Any person the 100-year flood water elevation. Containers and their contents shall be · owns or operates an approved mica! waste landfill must notify EPA (c)(l) The following PCB Items may be transferred immediately to properly
east 30 days before transferring stored temporarily in an area that does marked non-leaking containers. Any
·.ership in the property or not comply with the requirements of spilled or leaked materials shall be
sferring the right to conduct the paragraph (b) for up to thirty days from immediately cleaned up. using sorbents
the date of their removal from service, or oLl}er adequate means. and the PCB-
mic3l wa5te landfill operation. The provided th.at a notation is attached to contaminated materials and residues .sferor must also submit to EPA. at the PCB Item or a PCB Container shall be disposed of in accortlance with
t 30 days before such transfer, a (containing the item) indicating the date § 761 .10(al(4).
arizP.cl affidavit c;igned by th3 the iten.. was removed from service: (6) Exct:pt as provided in s;eree which states that the .sferee wilt.abide by the transferor's (i) Non-leaking PCB Articles and PCB subparagraph (7} below. any container
l Equipment: used for the storage of liquid PCBs shall
chemical waste landfi l approval. (ii) Leaking PCB Articles and PCB comply with the Shipping Container
nin 30 days of receiving such l d in cation and affidavit, EPA will issue Equipment if the PCB Items are pace Specification of the Department of
,,'T,ended approval substituting the in a non-leaking PCB Container that Transportation (DOT), 49 CFR 178.30
15:eree's name fort.lie transferor's contains sufficient sorbent materials to (Specification 5 container without absorb any liquid PCBs remaining in the remo\'able head). 178.82 (Specification
.e, or EPA may require the transferee PCB Items; 5B container without removable head}.
;:iply for a new chemical waste ,Jill approval. In the latter case, the (iii) PCB Containers containing non-178.102 (Specification 6D overpac.k with
liquid PCBs such as contaminated soil; Specifica1ion 25(§ 17'8.35) o: ssferee must abide by the transferor's rags, and debris; and ZSL( § 1:-a.35a) polye:hylene containers}
· approval until EPA issues the new (iv) PCB Conta:ners containing liquid or 17'8.116 (Specification 17E con,ainer). ·roval to the transferee. d PCils at a concer.tration between 50 an Any contair.er used for the storage of
1A2 Storage for disposal
l .-\:1y PCB Article or PCB Contai-:ier
:rod fu, disposal before January 1.
. shed! be removed from storage and
c>Sed of as required by this Part -= January 1, 1984. Any PCB Article
CB Container stored fo r disposal
r January 1, 1983, shall be removed
SQQ ppr:1. pro\·;:l ~d a Spill Prevention, r.on-Eq\;id PCBs sha'.l comply \"ith the
Control ar.d Coc:nte:measure Pbn has specifications of -rn CfR 178.8:1
been pr2p:1red for the temporary storage (Specification 5 cor.tainer). 178.82
area in acccrdc:!Ce with 40 CFR 112. In (Speci ficati;:m 58 cont:i iner) or 178.115
addition, each container must bear a (Specification 17C cor?rainer). As an
notation that ii!dicates that the liquids in alternate. containers la,ger than those
the drum do not exceed 500 ppm PCB. specifieJ in DOT Si)ecifications 5. SB. or
-(2) ~fon-leaki::1g and structurally 17C :n,,y be used for non-liquid PCBs if
undamaged PCB Large High Voltage the containers are designed and
Capacitors and PCB-Contaminated constructed in a manner tr.at wi!l
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