7 Del. Admin. Code § 1301-11.0

Current through Register Vol. 28, No. 4, October 1, 2024

Section 1301-11.0 - Special Wastes Management Part 3 - Coal Combustion Residuals

(NOTE: This section applies to those units that contain coal combustion residuals (CCR). Additional requirements for landfills containing CCR and other industrial wastes are located inSection 6.0 - Industrial Landfills.)

11.1 General provisions.

11.1.1 Section 11.0, Part 3 applies to all landfills and surface impoundments in existence as of May 22, 2018, lateral expansions of existing landfills and surface impoundments, and new landfills and surface impoundments, containing Coal Combustion Residuals (CCR), unless otherwise specified.

11.1.2 CCR units that have completed closure in accordance with DRGSW prior to May 22, 2018 must comply with Section 6.0.

11.1.3 Inactive solid waste units containing CCR must complete closure in accordance with DRGSW by May 1, 2020. For the purpose of this section, an inactive unit is defined as a solid waste unit that has not received CCR or is no longer removing CCR for the purpose of beneficial use since May 1, 2016 and has not initiated or completed closure in accordance with DRGSW regulations. The Department reserves the right to allow a variance to this closure requirement.

11.1.4 All surface impoundments within Delaware containing Coal Combustion Residuals must comply with 40 CFR § 257.

11.2 Beneficial Use of CCR.

11.2.1 Beneficial Use Criteria. CCR destined for beneficial use within Delaware shall meet the following conditions:

11.2.1.1 The CCR must provide a functional benefit;

11.2.1.2 The CCR must substitute for the use of virgin material, conserving natural resources that would otherwise need to be obtained through practices such as extraction;

11.2.1.3 The use of the CCR must meet relevant product specifications, regulatory standards, or design standards when available, and when such standards are not available, the CCR is not used in excess quantities; and

11.2.1.4 When unencapsulated use of CCR involving placement on the land of 12,400 tons or more in non-roadway applications, the user must demonstrate and keep records, and provide such documentation upon request, that environmental releases to groundwater, surface water, soil, and air are comparable to or lower than those from analogous products made without CCR, or that environmental releases to groundwater, surface water, soil, and air will be at or below relevant regulatory and health-based benchmarks for human and ecological receptors during use.

11.2.2 Permitting

11.2.2.1 No person shall engage in the beneficial use of CCR within Delaware without first having contacted the Department to determine whether a permit is required.

11.2.2.2 Transporters of CCR for beneficial use must have a valid Delaware Solid Waste Transporter permit. The transportation of CCR is subject to applicable requirements of Section 7.0 of these regulations.

11.2.2.3 The Department can prohibit the beneficial use of CCR within Delaware to protect human health and the environment.

11.3 Additional CCR Landfill Requirements.

11.3.1 Liner System. CCR landfills must be designed constructed, operated, and maintained with a composite liner that meets the requirements of subsection 6.3 or a double liner system meeting the requirements of subsection 6.3.

11.3.2 Fugitive Dust Control Plan. CCR landfills must obtain a certification from a Professional Engineer registered in Delaware that the initial fugitive dust control plan, or any subsequent amendments of it, meets the requirements of DRGSW and the Solid Waste Permit.

11.3.3 Groundwater Monitoring System. CCR landfills must obtain a certification from a Professional Engineer registered in Delaware that the groundwater monitoring system has been designed and constructed to meet the requirements of DRGSW.

11.3.4 Groundwater Data Evaluation. CCR landfills must obtain a certification from a Professional Engineer registered in Delaware that the statistical method for evaluating the groundwater monitoring data is appropriate. The certification must include a narrative description of the statistical method selected to evaluate the groundwater monitoring data.

11.3.5 Implementation of Corrective Action. Upon completion of the remedy, the owner or operator must notify the Department that a certification of the remedy has been completed in compliance with the requirements of DRGSW and placed in the operating record. This certification must be signed by a Professional Engineer registered in Delaware.

11.4 Notification Requirements. Unless otherwise specified within these regulations or the Solid Waste Permit, owners or operators of CCR facilities subject to 40 CFR § 257 must provide the Department with all required notifications cited in 40 CFR § 257.106 and the Solid Waste Permit.

11.4.1 Required notifications must be postmarked or sent by electronic mail (email) before the close of business on the day the notification is required to be completed.

11.4.2 Multiple notifications may be combined as long as the deadline requirement for each notification is satisfied.

11.4.3 Unless otherwise specified in 40 CFR § 257.106, these regulations, or the Solid Waste Permit, the notifications specified in 40 CFR § 257.106 must be sent to the Department within thirty (30) days of placing the information in the operating record. The site shall include the required information pertaining to the following categories, as the information becomes available in the facility's operating record:

11.4.3.1 Location Restrictions.

11.4.3.2 Design Criteria.

11.4.3.3 Operating Criteria.

11.4.3.4 Groundwater Monitoring and Corrective Actions.

11.4.3.5 Closure Notifications.

11.4.3.6 Closure and Post-Closure Care.

11.4.3.7 Retrofit Criteria.

11.5 Publically Accessible Internet Site.

11.5.1 Owners or operators of CCR facilities subject to 40 CFR § 257 must comply with the requirements cited in 40 CFR § 257.107 and the Solid Waste Permit for a publicly accessible internet site titled "CCR Rule Compliance Data and Information."

11.5.2 Unless otherwise specified in 40 CFR § 257.107, the information must be available to the public for at least five (5) years following the date on which the information was posted to the CCR Website.

11.5.3 Unless otherwise required in 40 CFR § 257.107, the information must be posted to the CCR Website within thirty (30) days of placing the pertinent information in the operating record. The site shall include, at a minimum, the required information pertaining to the following categories and all subsequent modifications, as applicable, as the information becomes available in the facility's operating record:

11.5.3.1 Location Restrictions.

11.5.3.2 Design Criteria.

11.5.3.3 Operating Criteria.

11.5.3.4 Groundwater Monitoring and Corrective Actions.

11.5.3.5 Closure and Post-Closure Care.

11.5.3.6 Retrofit Criteria.

7 Del. Admin. Code § 1301-11.0

11 DE Reg. 807 (12/01/07)
17 DE Reg. 545 (11/1/2013)
19 DE Reg. 422 (11/1/2015)
21 DE Reg. 893 (5/1/2018) (Final)