SOLID WASTE PROCESSING AND DISPOSAL
(Rule 1200-01-07-.02, continued)
The owners or operators proposing a new solid waste processing facility that handles putrescible wastes located within 10,000 feet (3,048 meters) of any airport runway end used by turbojet aircraft or within 5,000 feet (1,524 meters) of any airport runway end used only by piston-type aircraft must include in the permit-by-rule notification a demonstration that the facility does not pose a bird hazard to aircraft. The owners or operators proposing a new solid waste processing facility that handles putrescible wastes located within a five-mile radius of any airport runway end used by turbojet or piston-type aircraft must notify the affected airport and the appropriate Federal Aviation Administration (FAA) office.
A coal ash fill area, if:
The coal ash disposed of is not hazardous as defined in rule 1200- 01-11-.02(1)(c) of the Hazardous Waste Management Regulations.
The coal ash disposed of is fly ash, bottom ash, or boiler slag resulting primarily from the combustion of fossil fuel.
Disposal is limited to:
Coal ash in engineered structures for the following projects: a highway overpass, levee, runway, or foundation backfill.
Such other similar uses as the Commissioner may approve in writing. Financial assurance may be required by the Commissioner if deemed appropriate for these case-by-case projects.
The operator complies with the notification requirement of part 2 of this subparagraph;
The fill area is constructed, operated, maintained, and closed in such a manner as to minimize:
The potential for harmful release of solid wastes or solid waste constituents to the environment; and
The potential for harm to the public through unauthorized or uncontrolled access;
The fill area, until development is complete, must have an artificial or natural barrier to control access of unauthorized entry.
There must be equipment available that is capable of spreading and compacting the coal ash, and capable of handling the earthwork required during the periods that coal ash is received at the fill area.
(VIII) The coal-ash fill project is designed with:
A geologic buffer of at least three feet with a maximum saturated conductivity of 1 x 10-6 centimeters per second between the base of the fill and the seasonal high water table of the uppermost unconfined aquifer or the top of the formation of a confined aquifer, or such other protection as approved by
May, 2010 (Revised)