Construction & Demolition (C&D) Landfills in Indian Country:
Federal Regulations and Best Practices
August 2023
U.S. Environmental Protection Agency
EPA 530-R-23-029
vvEPA
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C&D Landfills in Indian Country
Acknowledgements
Representatives from the following tribal governments provided input and perspective for this
document:
• B1 ackfeet Nati on: Geral d Wagner
• Grand Portage Band of Lake Superior Chippewa: Seth Moore, Krishna Woerheide
• Keweenaw Bay Indian Community: Dione Price, Serene Gauthier
• Lac du Flambeau Band of Lake Superior Chippewa: Dee Allen and Kristen Hanson
• Prairie Band Potawatomi Nation: Virginia LeClere
• White Earth Band of Chippewa: Monica Hedstrom
Reference herein to any specific commercial product, process, or service by trade name,
trademark, manufacturer, or otherwise, does not necessarily constitute or imply its
endorsement, recommendation, or favoring by the United States Government.
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C&D Landfills in Indian Country
Contents
Acknowledgements ii
1 ml iro d u ct ii o inv i
1 Landfill Decision and Operations Overview............................................................ 1-1
1.1 Do We Need a C&D Landfill? 1-1
1.2 Reducing Impacts through C&D Debris Reduction, Reuse, Recycling, and Composting
1-3
1.3 What Is the Best Site for a C&D Landfill? 1-5
1.4 What Does It Take to Operate a C&D Landfill? 1-8
1.5 How Do We Consider Climate Change When Siting, Designing, Constructing, and
Operating a C&D Landfill? 1-10
1.5.1 How Can Climate Change Affect C&D Landfills? 1-10
1.5.2 Planning for Climate Resilience 1-10
1.6 Why Should a C&D Landfill Consider Having an Operations Plan? 1-12
1.7 What Kind of Waste Can a C&D Landfill Accept? - The Waste Acceptance Plan .... 1-14
1.7.1 Acceptable and Unacceptable Wastes Best Practices 1-14
1.7.2 Why Should a Landfill Screen the Waste It Receives? 1-15
1.7.3 Developing a Waste Acceptance Plan Can Help to Screen Waste 1-16
1.8 Why Is a C&D Landfill Required to Have Site Security? 1-18
1.9 Closing the Landfill: "Landfill Closure" or "Clean Closure"? 1-19
1.10 What Is Financial Assurance? 1-21
1.10.1 Financial Assurance Methods 1-22
, deral Requirements Applicable - " t < Jfiills in Indian Country 2-1
2.1 Overview of Federal Requirements 2-1
2.2 Resource Conservation and Recovery Act (RCRA) 2-2
2.2.1 Floodplain Requirements 2-3
2.2.2 Endangered Species Requirements 2-4
2.2.3 Surface Water Requirements 2-5
2.2.4 Groundwater Protection Requirements 2-5
2.2.5 Placement of Waste Near Food-Chain Crops 2-6
2.2.6 Disease (Vector Controls) Requirements 2-6
2.2.7 Air Requirements 2-6
2.2.8 Safety Requirements 2-7
2.3 Clean Water Act (CWA) 2-8
2.3.1 Wastewater Pretreatment 2-8
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C&D Landfills in Indian Country
2.3.2 National Pollutant Discharge Elimination System (NPDES) Permit 2-9
2.3.3 Permit for Wetland Construction 2-10
2.3.4 Oil Pollution Prevention 2-11
2.4 Clean Air Act (CAA) 2-12
2.5 Toxic Substances Control Act (TSCA) 2-13
2.6 Occupational Safety and Health Administration (OSHA) 2-14
2.6.1 Personal Protective Equipment 2-14
2.6.2 Machinery and Machine Guarding 2-14
3 Tribal Regulatory Oversight of G< ldfills. 3-1
3.1 What Is a Tribal Regulatory Oversight Program and Why Do We Need One? 3-1
3.2 How Do We Establish the Authority to Regulate a C&D Landfill? - Tribal Ordinance. 3-2
3.3 Why Write Regulations for Landfill Requirements? 3-3
3.4 How Can Permitting Support the Regulatory Oversight Program? 3-4
3.5 What Are Best Practices for Inspections? 3-5
3.6 What Compliance Assurance Actions Are Needed to Ensure Sustainable Compliance?
3-11
Append nitions. A-1
Append! " - ' o ouirces" I
B.1 C&D Debris Reduction, Reuse, and Recycling B-1
B.2 Clean Air Act and Air Emissions B-2
B.3 Clean Water Act and Water Quality B-3
B.4 Climate Change/Resilience B-4
B.5 Endangered Species B-5
B.6 OSHA and Health and Safety B-5
B.7 Resource Conservation and Recovery Act and Waste Management B-5
B.8 Roles and Policy B-9
B.9 Siting B-9
B.10 State Resources (as examples of management practices) B-10
B.11 Toxic Substances Control Act of 1976 (TSCA) B-11
Appendix C - Additional Guidance. C-1
C.1 RCRA C-1
C.2 Clean Water Act (CWA) C-14
C.3 Clean Air Act (CAA) C-18
Append! « Closure and Post-Closure Compliance Managemei,. < i ¦ tices at
Construction sn ' I 1 molition (C&D) Landfills in Indian Country Regi n ¦> "« i
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C&D Landfills in Indian Country
D.1 Introduction D-1
D.2 Closure Plan D-3
D.3 Notification of Intent to Close D-4
D.4 Cover Guidance D-5
D.5 Deed Notification D-7
D.6 Post-Closure Care D-7
D.7 Bibliography D-10
D.8 Attachment I: Tables of Example State C&D Landfill Requirements D-12
Append triple Tribal Solid Waste Management Code. E-1
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C&D Landfills in Indian Country
Introduction
This guide is intended to help Tribal Governments and others involved in the decision to site or
continue the operation of a construction and demolition (C&D) landfill in Indian country answer
the following questions:
1. Are we making this decision based on our responsibility as stewards of the land, human
health, wildlife, and natural resources?
2. Are we making this decision based on current and verified information about current and
future waste generation and waste management options with a focus on waste prevention
and reduction?
3. Based on this information, should we build a C&D landfill, continue to operate our
existing landfill, or use landfills outside the reservation?
How this guide is organized
This guide is organized around common questions that the U.S. Environmental Protection
Agency (EPA) hears from Tribal Governments. Its goal is to offer a comprehensive resource for
siting, operating, and closing a tribal C&D landfill.
• Section 1 answers questions that can help Tribal Governments decide whether to open,
continue operating, or close a C&D landfill.
• Section 2 describes the federal requirements for C&D landfills on tribal lands and offers
best practice approaches to complying with them. Appendix C gives further guidance
and resources related to these federal requirements.
• Section 3 has information to help Tribal Governments regulate and oversee C&D
landfills within their jurisdictions during siting, operations, and closure.
• Appendix A collects definitions of key terms in the regulations.
• Appendix B is a list of further resources, organized by topic.
• Appendix D is derived from an earlier EPA Region 5 study on best practices for closure
and post-closure of tribal C&D landfills.
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C&D Landfills in Indian Country
The EPA Non-Hazardous Materials and Waste Management Hierarchy prioritizes waste
reduction, reuse, recycling, and composting over energy recovery and landfill disposal.
Waste Management Hierarchy
Source: U.S. EPA, ips://www.eDa.gov/smm/sustainable-materials-management-non-
hazardous-materials-and-waste-management-hierarchv#
EPA developed this guide in consultation with the following tribes:
Blackfeet Nation
Grand Portage Band of Lake Superior Chippewa
Keweenaw Bay Indian Community
Lac du Flambeau Band of Lake Superior Chippewa
Prairie Band Potawatomi Nation
White Earth Band of Chippewa
Source Reduction & Reuse
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C&D Landfills in Indian Country
1 C&D Landfill Decision and Operations Overview
1.1 Do We Need a C&D Landfill?
The decision to site or continue the
operation of a construction and demolition
(C&D) landfill in Indian country1 needs
input from many parties, including the
Tribal Government, the natural
resources/environmental department,
building or facilities department, and
entities that will generate C&D debris on
the reservation.
How do we begin considering this question?
Start the decision process by gathering basic background information such as:
r
Operate a tribal
C&D landfill
Use a C&D landfill
outside the
reservation
A
S Does the tribe have a solid waste
management plan?
• If yes, is managing C&D debris
included in the plan? If no, a
solid waste management plan
should be developed.
•S What are the three biggest problems
the tribe faces for C&D debris
management?
S What are three C&D debris goals for
the tribe?
S Does the tribe have green building
policies to reduce C&D debris?
S How much C&D debris does the
tribe generate or receive from
outside the facility?
• How much of this material can
be safely reclaimed
(deconstructed, salvaged, and
reused), recycled, or
composted?
~
~
• Do markets for salvaged C&D
materials and/or C&D recycling
centers already exist on tribal
lands or within a feasible
shipping distance?
• If not, is creating these
operations (such as a C&D
recycling center) a reasonable
alternative to building a C&D
landfill?
Who currently bears the costs of
ensuring proper disposal of C&D
debris?
Does burning or illegal dumping of
C&D debris occur?
o If yes, what are the barriers to
proper disposal? Lack of
education on proper waste
handling? Is proper disposal
too expensive or too
complicated?
(this checklist continues on the next page)
1 For purposes of this guide, "Indian country" is defined consistent with 18 U.S.C. 1151 and includes all lands
within the exterior boundaries of federally recognized Indian reservations and tribally held trust lands, whether
located inside or outside reservation boundaries. Appendix A for definitions of terms.
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C&D Landfills in Indian Country
S Does the tribe have an existing
operational C&D landfill?
• If yes, has the facility been ^
constructed, operated, and
maintained in a manner
consistent with the tribe's values
for environmental stewardship
and protecting human health?
• If no, what are the current ^
disposal options for C&D debris
and what are the costs and
difficulties (such as distance,
paperwork, fees) associated with /
those locations?
S What are the costs associated with
development, construction,
operation, and closure of a C&D
landfill within the tribal lands? How
Each tribe will have a different set of answers to these questions and a different set of C&D
debris management goals. While cost comparisons are often the most obvious consideration
when making this type of decision, tribes should also consider human behavior and the C&D
debris generators' capacity for change. For example, if generators perceive the barriers to proper
disposal (such as cost, difficulty) to be too high, they may resort to waste burning or illegal
dumping.
=:> Decisionmaking tip: Before estimating the types and quantities of C&D materials likely to
need a landfill (whether onsite of offsite), Tribal Governments may want to consider how
much the tribe can reduce, reuse, recycle, or compost C&D materials instead of putting
them in a landfill (refer to Section 1.2 and U.S. Environmental Protection Agency [EPA]
guidance: https://www.eoa.aov/smm/sustainable-manaaement-construction-and-
demolition-materials).
=:> Decisionmaking tip: The decision to construct, close, or continue the operation of a C&D
landfill needs to reflect the balance with the land, water, air, and living beings inside and
outside the landfill. This balance is necessary to adequately protect human health and the
environment.
=:> Decisionmaking Hp: Tribal decisionmakers should consider the likelihood of unintended
consequences such as an increase in waste burning or illegal dumping when weighing the
decision to construct, close, or continue the operation of a C&D landfill.
much of this cost is or can be offset
by user fees?
Can a suitable site be identified
within tribal lands (refer to
Section 1.3) with institutional
controls to prevent illegal or
unwanted activities with such a
landfill?
Is a wastewater treatment facility
located close enough to the proposed
landfill site to make it cost effective
to operate?
Does the tribe have funding sources
to support long-term landfill closure,
monitoring, and management costs?
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C&D Landfills in Indian Country
1.2 Reducing Impacts through C&D Debris Reduction, Reuse, Recycling, and
Composting
C&D debris can be reduced through green building practices such as designing buildings that can
be easily adapted and repaired and using materials that are durable and easy to reuse, recycle,
and compost. Tribes worked with EPA to develop the Tribal Green Building Toolkit
(https://www.epa.aov/areen-buildina-tools-tribes/tribal-areen-building-toolkit) with information
on building materials and resource conservation.
Some C&D materials can be directly reused (salvaged), recycled, or composted into secondary
and reclaimed materials:
•Salvaged for reuse on another project
Management Options for Common Building Materials
Safe Reuse
• Clean wood
•Wood flooring
• Doors & windows
• Cabinets
• Furniture
• Bricks & pavers
•Appliances
• Fixtures
• Metals
•Tile
Recycling
• Scrap metal
•Wiring
• Concrete
(ground)
•Appliances (not
to code)
• Ceiling tiles
Disposal
• Insulation
•Wallboard
Hazardous
Materials
•Asbestos (remove
before demolition
or
deconstruction)
•Treated wood
•Lead-based
painted materials
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C&D Landfills in Indian Country
The advantages of C&D debris reduction, reuse, recycling, and composting include:
S Conservation of land
S Extension of landfill lifespans
S Cost reduction on recycled materials
S Reduction of pollution (minimization of resource consumption)
S Reduction of greenhouse gas emissions
S Creation of jobs
::::> Implementation tip: Zero M/asfe. Educate construction and demolition project managers
and workers to recognize materials that can be salvaged and about waste minimization
strategies that can be implemented at the job site. Find examples of green construction
purchasing, contract language, policies, and more ways to reduce construction debris at
Managing and Transforming Waste Streams: A Tool for Communities
(httosJ/www. eoa. aov/iransformina-waste-tool).
:=> Implementation tip: Assess whether to deconstruct a building before demolishing it in
order to better salvage reusable materials. Use the Deconstruction Rapid Assessment
Tool at httDs://www.eDa.aov/larae~scale~residential~demolition/deconstruction~raDid-
assessment-tool.
:=> Implementation tip: Implement separation plans and screening at the C&D landfill to
minimize the amount of debris going into the landfill. (Refer to Section 1.7.)
:=> Implementation tip: It may be feasible to operate a reuse center at or near the C&D
landfill site to encourage reusing and recycling C&D materials and minimize landfilling.
For more information. For more information, go to: httos://wlssd.com/wp-
content/uploads/2020/07/WLSSD ReuseGuidanceDoc 2017 final.pdf.
:=> Implementation tip: Organizations such as the Solid Waste Association of North America
(SWANA) (httosJ/swana orQ/trainina-certification) offer courses on Zero Waste and
Landfill Operations.
Find more information and examples of C&D debris reduction, reuse, and recycling in
Appendix B. 1.
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C&D Landfills in Indian Country
1.3 What Is the Best Site for a C&D Landfill?
This section presents general considerations for identifying and evaluating potential C&D
landfill sites, in no particular order. Each tribe will need to prioritize and potentially expand the
considerations to match tribal values of environmental stewardship. This section summarizes the
federal regulations for siting a C&D landfill; refer to Section 2.2 for the specific parts of
Resource Conservation and Recovery Act (RCRA) regulations at 10 CFR 257.3 that state these
requirements.
Hydrogeology
Characteristics
Nearby
Surface Water
Infrastructure
Needs
Impact to Life
Space Needed
1. Space needed for landfill
operations: Calculate based on
estimated annual C&D debris
generation (type and volume) and
desired landfill operating lifetime.
=> Sizing tip: Most landfill designs
incorporate individual landfill
cells that are constructed with a
l-to-5-year life expectancy for
each cell. This may or may not be
appropriate for a C&D landfill on
a reservation with relatively low
waste generation.
r i
Climate
Resilience
=> Sizing tip: Determine whether
there will be any material that
requires special management or
daily cover, such as asbestos. If
this is the case, a separate cell
may need to be constructed for
this material.
2. Space needed for soil stockpile:
Soil excavated during landfill
construction is commonly reused on
site as daily or interim cover and can
be used when constructing the final
cap. The landfill site will need to
include sufficient space to stockpile
the soil for later use.
(Siting list continues on next page.)
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3. Space needed for buffer area: The
size of a suitable buffer area will
vary between locations based on
surrounding land uses, wind and
rainfall characteristics, and existing
wind and noise breaks/barriers. C&D
landfills do not generally create
strong odors, but they can be noise
and dust nuisances.
4. Infrastructure and equipment
needs: Is the proposed site
connected to debris-generating areas
by existing suitable roadways? If no,
is building or improving the road
feasible? Are connections to local
utilities feasible if necessary or
desired? Are sufficient equipment
and storage units available or
obtainable given budget
considerations? Is a publicly owned
treatment works (POTW) facility
nearby for potential wastewater
discharges?
5. Hydrogeology characteristics:
C&D landfills can impact the local
subsurface, including groundwater, if
contaminants from the C&D debris
leach into the ground. Identify any
local uses for groundwater and use
site-specific hydrogeologic
information to evaluate the potential
risks to groundwater. This is
especially important if the local
groundwater is used for drinking
water. (Refer to Section 2.2.4 and
groundwater requirements under
40 CFR 257.3-4.)
C&D Landfills in Indian Country
§. Nearby surface water bodies:
Runoff from landfill operations can
negatively impact the health of
nearby surface waters (such as lakes,
rivers, streams, wetlands). Consider
the distance to any downstream
surface water bodies in the context of
any populations that rely on those
waters and any natural or artificial
features between the landfill and
surface water body that might
mitigate impacts from the landfill.
This is especially important if the
local population relies on the surface
water for drinking water or if
endangered or otherwise protected
species rely on the surface water. Be
aware of special rules around
floodplains and wetlands. (Refer to
Section 2.2.3 and 40 CFR 257.3-3.)
=:> Siting tip: Be sure to site the
landfill outside of floodplain and
wetland areas to avoid triggering
additional regulatory
requirements. (Refer to
Section 2.2.1 and
40 CFR 257.3-1.)
(Siting list continues on next page.)
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C&D Landfills in Indian Country
7. Potential impacts to living things:
Landfill construction and operation
are disruptive processes. Tribes
should have a full understanding of
the plants, animals, and human
communities that may be impacted
or displaced during landfill
construction and operation and
attempt to find a site that minimizes
these impacts. It is especially
important to consider impacts to
vulnerable populations, sensitive
habitats, and/or endangered species.
Use the EJScreen screening tool to
assess the environmental and
demographic indicators of an area
before siting a C&D landfill
(httosJ/www. eoa. gov/eiscreen).
Sites to avoid may also include areas
on or near historical/cultural land,
prime agricultural land, parks and
preserves, schools, residences, or
public facilities. (Refer to
Section 2.2.2 and endangered
species requirements under
40 CFR 257.3-2.)
8. Climate change resilience: A
location that is naturally more
resilient to climate change (refer to
Section 1.5) will reduce the risk of
adverse environmental impacts and
likely cost less to operate over the
landfill's lifetime.
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C&D Landfills in Indian Country
1.4 What Does It Take to Operate a C&D Landfill?
If the tribe decides to build or continue to operate a C&D landfill, 10 actions are key to ensure
the landfill is operated in a way that protects human health and the environment.
Tribal Actions to Protect Human Health and the Environment in the C&D Landfill
Gather Tribal Resources
•Commit resources
•Collaborate with the
construction team
•Engage the local community
•Designate an operator
•Identify regulatory oversight
Operate the Landfill
•Develop a waste acceptance
plan
•Establish site security
•Develop an operations plan
•Decide how the landfill will be
closed
•Ensure funding for closure
Gather Tribal Resources
Federal regulations do not specify C&D
landfill requirements for the following five
actions, but tribes should consider using the
tools in this guide to implement these
actions to help ensure the right resources
are in place to design, construct, operate,
and close the landfill.
1. Commit short- and long-term
resources: Ensure that funds and
personnel are available throughout
and potentially beyond the planned
landfill life to design, construct,
operate, and close the landfill. The
Tribal Solid Waste Costing Tool can
be used to evaluate the financial
feasibility of operating a C&D
landfill (https://www.epa.gov/tribal-
lands/training-resources-tribal-
waste-management).
2. Collaborate with the construction
team: The Tribal Government and
designated entities should work
closely with those siting, designing,
and constructing the landfill to make
sure the landfill meets the tribe's
needs, is designed in a resilient
fashion, and complies with
environmental regulations.
3. Engage the local community:
C&D landfills can affect everyone in
the community, from people who
live near the site, to workers who
operate the landfill, to generators of
all kinds of waste, including C&D
debris. Tribes should engage with
these stakeholders when planning,
operating, and closing a C&D
landfill to ensure fair siting and safe
operations and to reduce the
likelihood to illegal dumping. EPA's
Community Engagement Strategy
(https://www. epa. gov/sites/default/fil
es/2017-
03/documents/tribalswcommunityen
gagementstrategy508.pdf) handbook
for tribal waste management offers
strategies and tips for conducting
effective community engagement.
(Resources list continues on next page.)
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C&D Landfills in Indian Country
4. Designate a landfill operator: The
tribe should designate one entity,
such as a tribal department or
contractor, to operate the landfill.
5. Identify regulatory oversite: The
tribe should designate a separate
entity, such as a tribal department, to
monitor landfill operations to
confirm the operator is complying
with tribal and federal laws and
regulations. (Refer to Section 3.)
Operate the Landfill
Federal regulations applicable to C&D
landfills (40 CFR Part 257} specify
requirements for site security and do not
explicitly require the other four actions listed
here, but they include requirements that can
affect some of these recommended actions.
Tribes should consider using the tools in
this guide to implement all five of these
actions to help ensure landfill operations
adequately protect human health and the
environment,
1. Develop a waste acceptance plan:
What kind of waste can a C&D
landfill accept? (Refer to Section 1.1
and Section 2.2.8 [40 CFR 257.3-8]
on restricting putrescible wastes and
wastes that generate explosive
gases.)
2. Establish site security: This
federal requirement that applies to
C&D landfills prevents unapproved
wastes from being disposed and
prevents "undesired" entry. (Refer to
Section 1.8.)
3. Develop an operations plan: To
ensure C&D debris is properly
managed. (Refer to Section 1.6 and
Section 2.2 [40 CFR 257.3-1 through
3-8] best practices and
corresponding regulations to ensure
C&D landfill operations do not cause
adverse effects on health or the
environment.)
4. Decide how the landfill will be
closed: Should the landfill be closed
in place (with a cover)? Or should
the disposed material be removed
and the landfill confirmed clean and
backfilled or graded for future use?
(Refer to Section 1.9.)
5. Establish a budget line item or
other method to ensure sufficient
funds are available to properly
close and monitor the landfill.
After the closure method is decided,
the tribe should estimate the future
costs of closing the landfill and any
post-closure maintenance. The tribe
will need to establish a way to meet
those future costs. (Refer to
Section 1.10.)
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August 2023 C&D Landfills in Indian Country
1.5 How Do We Consider Climate Change When Siting, Designing, Constructing, and
Operating a C&D Landfill?
No federal regulations require C&D landfills to consider climate change when siting, designing,
constructing, and operating such a landfill, but EPA recommends doing so as a best practice.
It is important to consider climate change when siting, designing, and constructing a C&D
landfill because this consideration should reduce the overall costs of operating and closing the
landfill and will also be more protective of human health and the environment.
1.5.1 How Can Climate Change Affect C&D Landfills?
Climate change may alter a site's: These changes can create hazards:
Temperature • Flooding from too much rain or
Rainfall/snowfall snow melt
Sunlight • Soil washout on slopes
Frequency of extreme weather • Unexpected changes in the water
Volume of debris brought to the site table
after an extreme weather event • Dried-out soil from drought
• Soil/cover condition • Thawing permafrost
1.5.2 Planning for Climate Resilience
A capability to anticipate, prepare for,
. respond to, and recover from significant
D_-,- multi-hazard threats with minimum
Resilience , ^ . , „ , .
damage to social well-being, the economy,
and the environment.
Climate resilience planning for a landfill ge
1. Identify impacts of local climate
changes: Identify the site's current
exposure to climate or weather
hazards and which conditions may
change. Consider the conditions
listed in Section 1.5.1.
2. Assess and rank site
vulnerabilities: Identify direct and
indirect impacts of the local climate
change scenarios, including the
hazards identified in Section 1.5.1.
Analyze impacts to the landfill's
workforce, facilities, critical
involves these actions:
infrastructure, and volume of waste
generation during storm cleanup.
Rank these vulnerabilities according
to their risk to safe operations.
3. Build in the capacity to adapt:
Identify ways to site, design, and
operate the landfill facility that will
increase the site's resilience to the
identified risks. Assess these
adaptation opportunities for costs,
feasibility, and overall improvement
to vulnerability risk assessment.
Design and build the landfill system
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C&D Landfills in Indian Country
and operating procedures,
incorporating as many of the feasible
adaptation opportunities as possible.
The end goal is to ensure that landfill
operations can continue to protect
human health and the environment
through the changing climate.
4. Reduce climate impact by
diverting materials: Increase the
tribe's environmental stewardship
and reduce the tribe's impact on
global climate change through green
building practices to reduce C&D by
diverting C&D debris from the
landfill. Reducing the amount of
C&D debris put in landfills would
reduce resource consumption, since
waste that would otherwise be lost to
landfills would be reclaimed and
new materials would not need to be
created from new resources. This
type of recycling could significantly
reduce greenhouse gas emissions.
(Refer to Section 1.2.)
Resiliency tip: EPA's WARM Model
can be used to calculate the
greenhouse gas emissions impacts of
many C&D materials' source
reduction, recycling, composting,
incineration, and landfill disposal
(httpsJ/www. epa. govA/VARM).
Resiliency tip: Every site is unique,
so the vulnerabilities, resilience
measures, and adaptive capacity will
be different for each C&D landfill.
•Determine current
exposure and sensitivity
to weather hazards.
•Determine likely local
weather changes caused
by climate change.
•Minimize impact on
global climate change by
sorting out and diverting
materials that can be
repurposed through
reuse, recycling, or
composting.
Assess direct and indirect
impacts of climate
change on landfill
operations.
Rank vulnerabilities
according to risk to safe
operations.
Identify and assess
ways to minimize
identified risks.
Incorporate feasible
ideas into site designs
and operations plans.
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C&D Landfills in Indian Country
1.6 Why Should a C&D Landfill Consider Having an Operations Plan?
No federal regulations require C&D
landfills to have an Operations Plan,
but EPA recommends it as a best
practice.
The Operations Plan could incorporate
applicable best practices and
corresponding federal requirements to
ensure operations do not cause adverse
effects on human health or the
environment.
An Operations Plan consolidates the
federal requirements (refer to
Section 2) and applicable best
practices described throughout this
guide into a useful plan for the actions
landfill operators need to take to
ensure waste is correctly admitted and
controlled. Refer to the Section 2.2
subsections of this guide (40 CFR
257.3-1 through 3-8) to address:
Floodplains (40 CFR 257.3-1) -
Section 2.2.1
Endangered Species (40 CFR
257.3-2) - Section 2.2.2
Surface Water (40 CFR 257.3-3) -
Section 2.2.3
Groundwater (40 CFR 257.3-4) -
Section 2.2.4
Food-Chain Crops (40 CFR
257.3-5)- Section 2.2.5
Disease Vector Controls, such as
periodic cover (40 CFR 257.3-6) -
Section 2.2.6
Air, such as open burning
(40 CFR 257.3-7) - Section 2.2.7
Safety, such as explosive gases,
fires, bird hazards, and access
(40 CFR 257.3-8) - Section 2.2.8
Tribes may also want to consider
voluntarily adopting the following six
Operations Plan elements that are
recommended as best practices by the
federal hazardous treatment, storage,
and disposal facility (TSDF) waste
regulations (refer to 40 CFR Part 264)
but are not required for C&D landfills:
All CFR references in this list are to the
hazardous TSDF requirements.
1. Operating record: Maintain an
inventory of the type, volume, weight,
and number of items being placed in
the C&D landfill, the entity that had
the items delivered to the landfill, and
the disposal location within the
landfill. (Referto 40 CFR 264.73.)
2. Personnel training: List any specific
training that is required of personnel
involved with the landfill, whether it is
equipment operation, material
movement, or maintenance of the
landfill or related infrastructure.
(Refer to 40 CFR 264.16.)
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3. Required equipment &
maintenance: Keep an inventory of
the equipment needed to operate the
landfill, including a schedule for their
maintenance. (Refer to 40 CFR 264.32
& 264.33.)
4. Agreements with local authorities:
All personnel involved with the
landfill should know who to contact if
there is an event at the landfill they
cannot control, such as a material
spill, fire, or unapproved material.
(Refer to 40 CFR 264.37.)
C&D Landfills in Indian Country
5. Inspection schedule & log: Develop
an inspection schedule so that
someone familiar with the landfill
operation visits the landfill regularly,
such as every week or other
appropriate time frame, to check for
issues with aspects such as cover
maintenance (including malfunctions
and deterioration) and discharges.
Record these inspections in a logbook.
(Refer to 40 CFR 264.15 and
Section 3.5 of this guide.)
6. Biennial Report: Prepare a biennial
report that lists the type, volume,
weight, or number of items that were
placed in the landfill during the
previous year. (Refer to
40 CFR 264.75.)
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C&D Landfills in Indian Country
1.7 What Kind of Waste Can a C&D Landfill Accept? - The Waste Acceptance Plan
No federal regulations require C&D landfills to have a Waste Acceptance Plan, but a Waste
Acceptance Plan is a best practice and critical to ensuring that only C&D eligible waste is sent to
a C&D landfill. This will help ensure that debris is not sent to the landfill that could be recycled,
could harm the integrity of the landfill, or could present a threat to human health or the
environment. Tribes can craft stricter local ordinances to prevent unwanted debris going to the
landfill.
1.7.1 Acceptable and Unacceptable Wastes Best Practices
Federal Requirements
1. C&D landfills can
receive construction
and demolition debris:
roadwork material,
excavated material,
demolition waste,
construction and
renovation waste, and
site clearance waste
(40 CFR 257.2).
2. C&D landfills do not
receive hazardous
waste (40 CFR 257.2)
or industrial solid
waste (40 CFR 257.2).
General Acceptability Best Practices for Waste Types
Acceptable
• Non-treated wood,
including untreated
plywood and
dimensional lumber
• Concrete and masonry,
including bricks,
mortar, and stone
• Drywall, including
sheetrock, gypsum,
and plaster
• Roofing materials such
as wood, clay, and
asphalt shingles
• Metals such as ferrous
metals, aluminum, and
copper
• Paper and cardboard
products
• Plastic, such as wraps,
containers, and pipes
• Other materials such
as carpeting, windows,
mirrors, ceramic and
linoleum tile, light
fixtures (excluding
fixtures that would be
defined as hazardous
waste lamps), and
insulation
• Land-clearing debris
such as rocks, trees,
and soil
Not Acceptable +
• Liquid wastes (e.g., cleaning
products, pesticides, used oil
and petroleum products)
• Hazardous waste, including
household hazardous waste
• Municipal solid waste
(household trash)
• Polychlorinated biphenyls
(PCBs), including fluorescent
light ballasts containing PCBs
• Asbestos
• Medical or infectious waste
• Animal carcasses
• Sewage or sewage sludge
• Scrap tires
• Batteries
• Mercury and mercury-containing
wastes
• All treated wood, including
arsenic-treated wood
(chromated copper arsenate
[CCA]-treated wood)
• Appliances (white goods)
• Septic tank pumpings
• Hot (on fire or smoldering) loads
• Paint and paint wastes
• Site-specific restrictions on
wastes generally considered
acceptable
"t" Some wastes in the Not hazardous elements described in 40 CFR Part 261, which are not allowed
Acceptable list may be in C&D landfills. Refer to Appendix C.1.1.2 for examples of common
acceptable after screening to be wastes that need to be screened for hazardous constituents before they
sure they do not contain the can be accepted into a C&D landfill.
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C&D Landfills in Indian Country
1.7.2 Why Should a Landfill Screen the Waste It Receives?
Screening out materials that can be
segregated for reuse or recycling can
extend the life of the landfill,
significantly reduce tribal
greenhouse gas emissions and
lifecycle environmental impacts
associated with sourcing raw
materials, and provide a better return
on the landfill investment. (Refer to
Section 1.2.)
Tribes are responsible for ensuring
that the landfill only accepts waste
that is allowed for disposal. (Refer to
Section 1.7.1.)
Screening out unacceptable wastes
can protect human health and the
environment by reducing the
potential for explosions, fire,
contaminant releases, and disease.
(Refer to 40 CFR 257.3-3, 3-4, 3-6,
and 3-8.)
Screening tip: Individual C&D
landfills may need to implement
acceptance criteria that are more
stringent than the generic list here to
ensure good environmental
stewardship. For example, a C&D
landfill in a floodplain should
strongly consider banning the
disposal of drywall/gypsum to avoid
risking adverse environmental and
ecologic impacts due to production
of hydrogen sulfide (H2S) gas.
Screening tip: A C&D landfill
should consider not accepting
hazardous wastes from very small
quantity generators (VSQGs) even
though allowed by regulation, since
these wastes could have adverse
environmental impacts and trigger
groundwater monitoring
requirements.
Screening tip: Educate generators on
waste acceptance by posting lists of
acceptable and unacceptable wastes
in multiple locations, such as on the
facility's website and at the facility
entrance.
Screening tip: A Waste Acceptance
Plan can help landfill operators
develop procedures to screen waste
consistently. (Refer to
Section 1.7.3.)
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C&D Landfills in Indian Country
1.7.3 Developing a Waste Acceptance Plan Can Help to Screen Waste
Elements of a Waste Acceptance Plan:
• A list of wastes that will not be accepted
• The reasons for accepting or rejecting certain wastes
• The procedure to evaluate a waste
• How to inspect incoming waste and record violations
• A procedure to safely remove any unacceptable waste that does enter the facility (by
accident or illegally) - who to call, how to handle it, and where to place it
:=> Planning tip: Include a plan to train any landfill personnel in the procedures of the
Waste Acceptance Plan.
:=> Planning tip: Document implementation of a Waste Acceptance Plan by tracking
accepted and rejected loads of waste. This can be as simple as a Microsoft Excel
spreadsheet or a Word table, such as the sample form on the next page:
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August 2023 C&D Landfills in Indian Country
Sample Form to Track Accepted and Rejected Loads of Waste
Generator
Name and
Location
Hauler Name & ID or
License Plate
Waste Type
Quantity
Date/Time
of Arrival
Ongoing/One-Time
Screening Method(s)
Accepted or
Rejected (if
rejected, note
reason)
Person
Accepting
or
Rejecting
the Load
Comments
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1.8 Why Is a C&D Landfill Required to Have Site Security?
Approach for Compliance
• Prevent unauthorized access: C&D landfills on
reservations are usually too small to have regular
onsite staff. But landfill operators still have to protect
human health and the environment by preventing
unacceptable wastes and unauthorized access.
Site security is important to prevent unapproved
dumping or members of the public entering the
landfill.
:=> Security tip: Tribes can consider using security
methods like those required for municipal landfills,
although these specific methods are not required for
C&D landfills: artificial barriers, natural barriers, or
both. (Refer to 40 CFR 258.25.)
:=> Security tip: Tribes can consider using security
methods like those required for hazardous waste
landfills, although these specific methods are not
required for C&D landfills: 24-hour surveillance, an
artificial or natural barrier surrounding the facility, and
controlled entry, such as a locked gate. (Refer to
40 CFR 264.14.)
::::> Security tip: Many commercial landfills have a 6-foot
chain-link fence with three strands of barbed wire
around the facility. This can also catch lightweight
materials from being blown out of the landfill and
littering land and waterways.
Federal Requirement
from 40 CFR 257.3-8(d):
A facility or practice shall
not allow uncontrolled
public access so as to
expose the public to
potential health and safety
hazards at the disposal site.
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C&D Landfills in Indian Country
1.9 Closing the Landfill: "Landfill Closure" or "Clean Closure"?
No federal regulations require C&D landfills to have a closure plan, but EPA recommends it as a
best practice.
Tribes should consider developing a closure plan to ensure that staffing and technical and
financial resources are available to close the landfill in a way most protective of human health
and the environment.
There are no federal requirements for C&D Landfill Clean
landfill closure, but regulations for other landfill Closure Closure
programs may provide useful guidance if
adopted on a voluntary basis. (Refer to
Appendix D for recommended best practices.)
There are two ways to permanently close a
C&D landfill:
1. "Landfill Closure": Cover the waste
and implement plans to maintain the
cover over time.
2. "Clean Closure": Remove the waste
from the landfill and confirm no
hazardous constituents remain.
This section outlines the recommended key
elements of the two approaches (Appendix B.7.5 has full details). For financing either closure
method, refer to Section 1.10. For more information on closure practices, refer to Appendix D.
Landfill Closure
• Commit tribal resources for cover
design, water/erosion management,
construction, and ongoing inspection
and maintenance.
• Design a long-term cover for the
waste.
• Construct the cover and
water/erosion management controls.
• Set up an inspection and
maintenance plan to ensure the cover
continues to contain the waste.
• Appendix B. 10 has guidance from
other regulatory programs that tribes
may want to consider adopting on a
1-19
Landfill
Closure
Design a cover &
post-closure
controls for the
waste
Build the cover and
implement post-
closure controls
Maintain the cover
and post-closure
controls
Move waste to an
off-reservation
facility
Develop sampling
program to
address potential
contamination
voluntary basis for closing a C&D
landfill in place. (Refer to
40 CFR Part 258.)
Clean Closure
• Transport the waste to an approved
facility (landfill or recycling facility
outside the reservation).
• Set up an investigation program to
confirm that no hazardous
contamination remains at the landfill
site. EPA recommends the following
steps:
(Clean Closure list continues on next
page.)
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August 2023
C&D Landfills in Indian Country
• Develop a sampling and analysis
plan and a quality assurance
project plan. (Refer to EPA's
webpage on assuring quality in
federal cleanups at
httos://www. eoa. gov/fedfac/assu
ring-gualitv-federal-cleanuos for
guidance and worksheets.)
• As appropriate, prepare a health
and safety plan. (Refer to the
Occupational Safety and Health
Administration's guidance at
https://www. osha.gov/hazardous
-waste/7-steps or
https://www, osha, gov/sites/defau
It/files/SHPM guidelines, pdf.)
• Sample the soil, surface water,
and groundwater. (Refer to
40 CFR 258.61(a)(3).)
• Clean up any contamination
found by the sampling and
re-sample the area.
• Prepare a written report
documenting the removal and/or
absence of contamination at the
site. (Refer to
40 CFR 258.58(e)(2).)
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C&D Landfills in Indian Country
1.10 What Is Financial Assurance?
No federal regulations require C&D landfills to have financial assurance, but EPA recommends
it as a best practice.
A key part of planning to open a C&D landfill is planning
how to pay for closing it. As part of closure planning,
tribes should develop a cost estimate for all future closure
and post-closure activities and demonstrate how the tribe
will be able to meet each of these expenses. Financial
assurance is the set of financial instruments and
mechanisms that a tribe uses to demonstrate it will be able
to pay for closing the landfill sometime in the future.
There are two types of post-operations costs: closure and
post-closure.
Closure Costs
Closure costs cover the immediate activities needed to
stop operating the landfill. They apply to both types of
closure described in Section 1.9. They include the costs of:
• Safely closing the unit
• Cleaning up contamination
• Clean Closure removal of all wastes and contaminated soils (Section 1.9)
Post-closure Costs
Post-closure costs cover the long-term
activities needed for the Landfill Closure
option described in Section 1.9. They include
the costs of:
• Long-term maintenance
• Monitoring
• Recordkeeping
Units that will be landfill or clean closed
(tanks, surface impoundments, or waste piles
where all wastes and contaminated soils and
equipment are removed) are not subject to
post-closure care financial assurance
requirements.
Estimating Future Costs
Base the cost estimates on the cost of paying
a third party to perform the activities outlined
in the facility's closure and, if applicable,
post-closure plans. (Refer to 40 CFR
264.142, for example.)
• Adjust cost estimates annually
throughout the operational life of the
facility to account for inflation. (Refer to
40 CFR 264.142, for example.)
• As a reference, facility owners should
either recalculate these costs each year,
or use the U.S. Department of
Commerce Implicit Price Deflator (IPD)
to calculate the inflation factor and
adjust the initial cost estimate. (Refer to
40 CFR 264.142(b) or 265.142(b), for
example, for instructions on using the
IPD.)
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C&D Landfills in Indian Country
1.10.1 Financial Assurance Methods
Tribes are not subject to financial assurance requirements for C&D landfills but should establish
a budget for the closure and, if applicable, post-closure of the landfill. These funds should not be
able to be used for any other purpose.
Tribes needing to assure closure and post-closure funds may find good models in the financial
assurance mechanisms that hazardous waste management facilities can use to meet their
regulatory requirements for assurance. This section gives examples of these, including the
relevant regulations for each option. More resources are available at EPA's webpage, Financial
Assurance Requirements for Hazardous Waste Treatment, Storage and Disposal Facilities
(https://www.epa.aov/hwpermittina/financial~assurance-reauirements~hazardous~waste~
Trust fund: Established to deposit
money specifically earmarked for
closure and/or post-closure. The tribe
pays into the trust fund for a
specified period of time such that at
the time of closure, there are
sufficient funds to cover closure
and/or post-closure care costs.
(40 CFR 264.143(a) or 265.143(a),
for example)
Surety bond: A guarantee from a
surety company (in the form of a
bond) that all closure and post-
closure care requirements will be
fulfilled. If the tribe fails to meet the
requirements specified in the bond,
the surety company is liable for the
costs. If using a surety bond, the
tribe should also establish a standby
trust fund into which the surety
company will make payments if the
tribe fails to comply with its
financial responsibilities. This
money deposited into the standby
trust fund can then be used to pay a
third party to perform closure/post-
closure. (40 CFR 264.143(b)-(c) and
265.143(b), for example)
Letter of credit: Issued by an
institution that has the authority to
issue them. The letter of credit must
be equal to the amount of the cost
estimate and must be increased
whenever the closure cost estimate
increases (either annually or when
the facility is expanded). The tribe
should also establish a standby trust
fund into which the letter of credit-
issuing institution will pay if the
tribe fails to meet its closure/post-
closure care obligations. (40 CFR
264.143(d) and 265.143(c), for
example)
Insurance policy: At least equal to
the cost estimate for closure and
post-closure expenses. The amount
the insurer is obligated to pay under
the policy should be increased
annually and any other time the cost
estimate increases. The insurer
should be licensed by a state
(offshore insurers not allowed) and
may not cancel, terminate, or fail to
renew the policy unless the tribe fails
to pay the premiums. (40 CFR
264.143(e) and 265.143(d), for
example)
Financial test: Met by the tribe by
passing one of the two tests specified
in the regulations. These tests
demonstrate and document that the
tribe has sufficient assets located
within the United States to cover
closure and post-closure care costs.
(40 CFR 264.143(f) and 265.143(e),
for example)
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C&D Landfills in Indian Country
2 Federal Requirements Applicable to C&D Landfills in Indian Country
2.1 Overview of Federal Requirements
All C&D landfills must comply with the
federal requirements outlined in this chapter.
The EPA is responsible for implementing
and enforcing most federal environmental
requirements in Indian country.
EPA recognizes Tribal Governments as
sovereign entities with primary authority
and responsibility for reservation
populations. EPA's 1984 Indian Policy
commits to working with tribes on a
government-to-government basis in making
decisions to carry out program
responsibilities in Indian country.
The primary federal environmental requirements applicable to C&D landfills in Indian country
come from five U.S. laws:
•Any significant air emissions or dust could be regulated under the CAA and asbestos
managment.
Toxic Substances Control Act (TSCA)
•The disposal of PCBs (insulating oils in electrical equipment such as capacitors and
ballasts) is addressed in TSCA.
Occupational Safety & Health Administration (OSHA)
• OSHA does not have regulations specifically addressing workers at C&D landfills. However,
there are regulations in 29 CFR Part 1910 that could apply to staff working at the landfill.
The rest of this chapter outlines the key requirements under each law and suggests
best management practices for complying with these laws and protecting human health and
the environment.
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C&D Landfills in Indian Country
2.2 Resource Conservation and Recovery Act (RCRA)
The following RCRA regulations apply to owners/operators of C&D landfills:
40 CFR 257.3-1
Floodplains
(Section 2.2.1)
40 CFR 257.3-2
Endangered Species
(Section 2.2.2)
40 CFR 257.3-3
Surface Water
(Section 2.2.3)
40 CFR 257.3-4
Groundwater
(Section 2.2.4)
40 CFR 257.3-4
Food-Chain Crops
(Section 2.2.5)
40 CFR 257.3-6
Disease Vector Controls - such as periodic cover
(Section 2.2.6)
40 CFR 257.3-7
Air - such as open burning
(Section 2.2.7)
40 CFR 257.3-8
Safety - such as explosive gases, fires, bird
hazards, and access
(Section 2.2.8)
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C&D Landfills in Indian Country
2.2.1 Floodplain Requirements
Federal Requirements
Generally, 40 CFR 257.3-1
provides:
1. The facility or its
practices cannot be
located so that it
restricts the flow of the
base flood.
2. The facility or its
practices cannot be
located so that it
significantly reduces
the temporary storage
capacity of the
floodplain.
3. The facility or its
practices must ensure
that solid waste cannot
wash out during the
base flood.
These regulations prevent
the landfill from affecting
floods in a way that poses
a hazard to human life,
wildlife, or land or water
resources.
Key terms: EPA defines
floodplain as the lowland
and relatively flat areas
adjoining inland and
coastal waters, including
flood-prone areas of
offshore islands, which are
inundated by the base
flood. Base flood is
defined as a flood that has
a 1% or greater chance of
recurring in any year or a
flood of a magnitude
equaled or exceeded once
in 100 years. (Refer to 40
CFR 257.3-1(b)(1)&(2).)
Approaches for Compliance
• Avoid locating a C&D landfill in the floodplain if possible:
Tribes can ban the location of new C&D landfills in
floodplains. State regulations may provide models,
including Minnesota, Wisconsin, Ohio, and Kansas. (For
example regulations, refer to Appendix B. 10.)
=> Siting tip: To help determine the location of
floodplains in your area, the Federal Emergency
Management Agency (FEMA) provides 100-year
floodplain maps. (Available at
httosJ/msc. fema.gov/Dortal/home.)
=> Siting tip: Before relying only on FEMA's floodplain
maps, note that EPA's Office of Research and
Development found that in recent years, the
frequency and severity of extreme flooding has
increased, and over 50% of historical extreme floods
have occurred outside of FEMA-designated flood
zones. (Refer to Tang, C., & V. Garcia, Flow Does
Flooding Impact Superfund Sites Now and in the
Future? AMS 2022, Virtual, TX January 23-27,
2022.
https://cfDub.eDa.Qov/si/si public record Report, cf
m?dirEntrvld=354071&Lab=CEMM)
• If a landfill must be located within a floodplain, assess
how the landfill will affect the floodplain's water flow and
water storage capacity: The assessment should estimate
the flow velocity and volume of floodplain storage in the
vicinity of the landfill unit during the base flood. It
should consider existing floodplain and floodwater
characteristics and how waste disposal within the
floodplain impacts and changes those characteristics.
These changes may lead to flooding and washout of solid
waste without water management features in the landfill.
(Refer to 40 CFR 258.11 for municipal solid waste
landfill facility requirements.)
=> Assessment tip: The U.S. Army Corps of Engineers
(USACE) has developed several numerical models
to aid in floodplain assessments. (Refer to EPA Solid
Waste Disposal Facility Criteria: Technical Manual,
Document No. EPA-530-R-930-007, pages 28-29.)
(Compliance approaches continue on next page.)
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C&D Landfills in Indian Country
Design embankments to protect the landfill from flood
damage: Embankment designs with rip-rap, geo-textiles,
or other materials can be effective. Embankment designs
will require an estimate of river flow velocities, flow
profiles, and wave activity. It is good practice to prevent
run-on from entering the active landfill site even if it is
located outside the floodplain.
2.2.2 Endangered Species Requirements
Federal Requirements
Generally, 40 CFR 257.3-2
provides:
1. The facility or
practices by the facility
shall not cause or
contribute to the taking
of any endangered
species of plants, fish,
or wildlife;
2, or result in the
destruction or adverse
modification of critical
habitat of endangered
or threatened species.
Key terms: Endangered
or threatened species
means any species listed
under the Endangered
Species Act. Destruction or
adverse modification
means a direct or indirect
alteration of critical habitat
which appreciably
diminishes the likelihood
of the survival and
recovery of threatened or
endangered species using
that habitat.
Approach for Compliance
• Consult the U. S, Fish and Wildlife Sen/ice (USFWS)
Endangered Species Program: The Endangered
Species Act provides a program for the conservation
of threatened and endangered plants and animals and
the habitats in which they are found. USFWS
maintains and regularly updates the lists of
endangered and threatened species. Species include
birds, insects, fish, reptiles, mammals, crustaceans,
flowers, grasses, and trees. Anyone can petition
USFWS to include a species on this list or to prevent
some activity, such as logging, mining, or dam
building. EPA recommends that tribes consult with the
USFWS liaison to ensure compliance with 40 CFR
257.3-2 and the Endangered Species Act
(implemented in 50 CFR Part 17).
::::> Management tip: More information on American
Indian tribal rights, federal-tribal trust
responsibilities, and the Endangered Species Act is
available on the USFWS website at
httDs://fws.aov/Droaram/endanaered-soecies.
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C&D Landfills in Indian Country
2.2.3 Surface Water Requirements
Federal Requirements
Generally, 40 CFR 257.3-3 provides:
Facilities may not discharge pollutants or
dredged and fill materials into waters of the
United States in violation of the
requirements of the Clean Water Act.
Approaches for Compliance
• Refer to Section 2.3 for approaches
to complying with the Clean Water
Act.
2.2.4 Groundwater Protection Requirements
Federal Requirements
Generally, 40 CFR 257.3-4 provides:
Facilities shall not contaminate an
underground drinking water source beyond
the boundary of the facility.
Generally, 40 CFR 257.22 to 257.28 provides:
Facilities that accept and dispose of
hazardous waste from very small quantity
generators (VSQGs) must implement a
groundwater monitoring, assessment, and
corrective action program.
Key terms: Solid Waste Boundary means
the outermost perimeter of the solid waste
(projected in the horizontal plane) as it
would exist at completion of the C&D
landfill. Leachate is liquid that has passed
through or emerged from solid waste and
contains materials from those wastes.
Approaches for Compliance
• Do not accept hazardous waste,
including waste generated by
VSQGs: Accepting hazardous waste
from VSQGs triggers regulatory
requirements that would otherwise
not apply, including groundwater
monitoring.
• Groundwater monitoring:
Groundwater contamination at C&D
landfills typically occurs when
contaminants in the C&D debris are
transported to groundwater through
leachate. If groundwater monitoring
is required, wells should be placed
and tested just "upgradient" (at least
one) and "downgradient" (typically
at least three) of the landfill
boundary. Siting the wells will need
to be determined by installing
temporary piezometers to establish
the direction of the groundwater
flow.
=> Management tip: Appendix C. 1.3
has information on the
installation and monitoring of
groundwater monitoring wells. A
tribe's present and future
underground drinking water
sources may be found through
the tribes' source water
protection program.
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C&D Landfills in Indian Country
2.2.5 Placement of Waste Near Food-Chain Crops
Approach for Compliance
• Do not site landfill near food-chain
crops: Facilities should not site or
operate a C&D landfill near the
production of food-chain crops.
• Do not incorporate PCB solid waste:
Facilities should not incorporate
solid wastes with greater than
10 milligrams per kilogram (mg/kg)
of PCBs into the soil.
Key terms: Food-chain crops include
tobacco, crops grown for human
consumption, and animal feed for animals
whose products are consumed by humans.
2.2.6 Disease (Vector Controls) Requirements
Approach for Compliance
• Cover the waste: The operators of
the C&D landfill will need to
determine if and how frequently
cover material is placed on the
waste. This decision should be
documented to indicate how access
to the waste by disease vectors is
being minimized.
=> Management tip: Six inches of
compacted soil on the waste is
generally enough to prevent
access by animals that are
disease vectors. (Refer to
Appendix C.1.4 for more
guidance.)
Approach for Compliance
• Do not allow any open waste
burning at the landfill facility.
Federal Requirements
Generally, 40 CFR 257.3-5 provides:
Facilities should not apply solid waste
within one meter of the surface of land used
for the production of food-chain crops
unless certain requirements are met.
In addition, solid wastes with greater than
10 mg/kg of PCBs should not be
incorporated into the soil when land is used
for producing animal feed unless certain
requirements are met.
Federal Requirements
Generally, 40 CFR 257.3-6 provides:
Facilities shall minimize the onsite
population of disease vectors through the
periodic application of cover material or
other techniques as appropriate so as to
protect public health.
Key terms: Disease vectors include flies,
mosquitoes, and rodents.
2.2.7 Air Requirements
Federal Requirements
Generally, 40 CFR 257.3-7 provides:
Facilities shall not engage in open burning
of residential, commercial, institutional, or
industrial solid waste.
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C&D Landfills in Indian Country
2.2.8 Safety Requirements
Federal Requirements
Generally, 40 CFR 257.3-8
provides:
1. Prevent explosive
gases from forming.
2. Minimize the potential
for fires.
3. Do not accept
putrescible wastes that
could attract birds if
the landfill is located
near an airport runway.
4. Do not allow
uncontrolled public
access.
Key terms: Putrescible
wastes means solid waste
which contains organic
matter capable of being
decomposed by
microorganisms and of
such a character and
proportion as to be capable
of attracting or providing
food for birds.
Approaches for Compliance
• Have strict waste acceptance requirements: Do not
accept waste that could generate explosive gases, be a
fire hazard, or attract birds.
• Know the lower explosive limits for gases in the
facility structure and for gases at the property
boundary: Per 40 CFR 257.3-8(a), the concentration of
explosive gases generated by the C&D landfill shall
not exceed 25% of these lower explosive limits.
• Know the landfill's distance from runways and
airports: The landfill should not accept putrescible
waste that could attract birds if the landfill is located
within 10,000 feet (3,048 meters) of any airport used
by turbojet aircraft or within 5,000 feet (1,524 meters)
of any runway used by only piston-type aircraft.
• Cover the waste and avoid open burning: To prevent
fires, comply with the open burning requirements in
40 CFR 257.3-7 (referto Section 2.2.7) and apply
appropriate cover material or use other techniques to
minimize fires.
• Secure the landfill: To prevent uncontrolled access,
establish site security as described in Section 1.8 of
this guide.
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2.3 Clean Water Act (CWA)
The following CWA regulations apply to owners/operators of C&D landfills:
40 CFR 445.3 &
Part 403
40 CFR Part 445,
Part 136, &
Part 122
Section 404 of
the CWA
40 CFR Part 112
Approaches for Compliance
• Determine the effluent criteria for the
POTWand design a treatment
system to meet the criteria: Landfill-
generated wastewater that is
collected and discharged to a POTW
is subject to 40 CFR Part 403
pretreatment requirements.
• Follow EPA guidance for wastewater
pretreatment:
=> EPA Local Limits Development
Guidance at
https://www3. epa.gov/npdes/pub
s/final local limits guidance.pdf
=> EPA's national pretreatment
program at
https://www. epa. gov/npdes/natio
nal-pretreatment-program
Key terms: A publicly owned treatment
works (POTW) is a wastewater treatment
plant that receives wastewaters from
domestic or industrial sources and treats the
wastewaters to less harmful byproducts.
Wastewater Pretreatment
(Section 2.3.1)
National Pollutant Discharge Elimination System
(NPDES) Permit
(Section 2.3.2)
Permit for Wetland Construction
(Section 2.3.3)
Oil Pollution Prevention
(Section 2.3.4)
2.3.1 Wastewater Pretreatment
Federal Requirements
Generally, 40 CFR 445.3 provides:
Sources of wastewater must comply with
40 CFR Part 403, "General Pretreatment
Regulations for Existing and New Sources
of Pollution."
Generally, 40 CFR Part 403 provides:
Landfills must manage their wastewater
discharges that might be discharged or
transported to a publicly owned treatment
works (tribal or outside the reservation).
This includes following federal, state, and
local pretreatment standards.
Landfills must follow the rules for
prohibited wastewater discharges in
40 CFR 403.5.
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C&D Landfills in Indian Country
2.3.2 National Pollutant Discharge Elimination System (NPDES) Permit
Federal Requirements
Generally, 40 CFR Part 445 provides:
Use specified technologies in the treatment
of the wastewater before discharge to a
surface water.
Generally, 40 CFR Part 122 provides:
• Landfills that have discharges to waters
of the United States must follow the
requirements of the NPDES permit
program in this part.
• Establish monitoring and reporting
conditions for NPDES permits.
(40 CFR 122.44® and 122.48)
• Monitor pollutant mass (or other
applicable unit of measure) and effluent
volume and provide other measurements
(as appropriate) using the test methods
given in 10 CFR Part 136.
(40 CFR 122.44®)
• NPDES permit holders (with certain
specific exceptions) must monitor for all
limited pollutants and report data at least
once per year. (10 CFR 122.44)
Key terms: Landfill wastewater means all
wastewater associated with, or produced by,
landfilling activities except for sanitary
wastewater, non-contaminated storm water,
contaminated groundwater, and wastewater
from recovery pumping wells. (Refer to
10 CFR 445.2(f) for a partial list of types of
landfill wastewater)
The National Pollutant Discharge
Elimination System (NPDES) is an EPA
program that establishes the effluent criteria
for wastewater discharges to waters of the
United States as defined by 33 CFR
Part 328.
Approaches for Compliance
• Obtain an NPDES permit and manage
direct discharges in compliance with the
permit: The NPDES program requires
permits for wastewater discharges to
waters of the U.S. NPDES permit
conditions are described in 40 CFR Part
136, "Test Procedures for the Analysis
of Pollutants," and 40 CFR Part 445,
"Landfills Point Source Category."
=> EPA resources: To find the parties
responsible for administering the
NPDES permitting program in
Indian country:
https://www. epa. gov/npdes/authoriz
ation-status-epas-construction-and-
industrial-stormwater-programs
=> To determine whether you will need
an NPDES Construction General
Permit for your site:
https://www. epa.gov/sites/default/file
s/2017-
07/documents/cgp flow chart do i
need a permit2.pdf
• Monitor, record, and report pollutant
effluent concentrations
• Develop, implement, and maintain storm
water pollution prevention plans and
obtain necessary permits
=> EPA's landfill effluent guidelines
would apply to C&D landfills in
Indian country if the facility collects
and discharges landfill-generated
wastewater to surface waters of the
U.S. (40 CFR 445.20-23, guidelines
available at
https://www. epa. gov/eg/landfills-
effluent-guidelines).
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2.3.3 Permit for Wetland Construction
C&D Landfills in Indian Country
Federal Requirement
Generally, Section 404 of the Clean Water Act
provides:
• Section 404 requires a permit before
dredged or fill material may be
discharged into waters of the United
States unless the activity is exempt from
Section 404 regulation.
• No discharge of dredged or fill material
may be permitted if: (1) a practicable
alternative exists that is less damaging to
the aquatic environment or (2) the
nation's waters would be significantly
degraded.
• Individual permits are required for
potentially significant impacts and are
reviewed by the U.S Army Corps of
Engineers.
• For most discharges that will only have
minimal adverse effects, a general
permit may be suitable. General permits
are issued on a nationwide, regional, or
state basis for categories of activities.
• Tribes may have a role in Section 404
decisions, through:
(1) Water Quality Certification at
httos://www. eDa.gov/cwa-401
(2) Program Assumption at
https://www. eoa. gov/cwa404g
Approaches for Compliance
• Avoid siting in a water of the U. S.
Confirm the landfill is not sited in a
water of the U.S: The initial siting
and expansion of a C&D landfill
should confirm that land designated
for the landfill or where the
excavated material will be placed is
not defined as a wetland.
• USA CE or tribal permit for
construction within waters of the
U.S.: EPA requires that locating a
new landfill in wetlands should be
done only where there are no less
damaging practicable alternatives
available. If a water is impacted by
landfill construction or operation,
authorization from the U.S. Army
Corps of Engineers (USACE, the
Corps) will be needed unless the
tribe has assumed responsibility for
this permitting activity. The Corps
authorizes activities by issuing
individual and general permits
(https://www. usace. army. mil/Mission
s/Civil-Works/Regulatorv-Program-
and-Permits/Obtain-a-Permit/).
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C&D Landfills in Indian Country
2.3.4 Oil Pollution Prevention
Federal Requirements
Generally, 40 CFR Part 112
provides:
Landfills with stored oil
that meets the regulation's
minimum conditions must
develop and implement
spill prevention, control,
and countermeasure plans.
Key terms: EPA defines
navigable waters as the
waters of the United
States, including the
territorial seas, as defined
by 33 CFR Part 328.
Approaches for Compliance
• Determine if this regulation applies to the landfill: This
regulation applies to tribal C&D landfills if both of
these conditions apply:
1. The landfill stores diesel fuel for equipment
operations or other oil (including animal fats
and vegetable oils) in tanks or containers with
an aggregate capacity greater than
1,320 gallons. (Refer to 40 CFR 112.1(d)(2)(H)
and 40 CFR 112.2.)
2. A release from a tank or container could
potentially reach navigable waters or other
areas defined by 40 CFR 112.1(b).
• Follow EPA guidance for Spill Prevention Control and
Countermeasure (SPCC) Rule Applicability at
https://www. eoa.gov/sites/default/files/2014-
04/documents/2 applicability 2014.pdf.
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C&D Landfills in Indian Country
2.4 Clean Air Act (CAA)
The CAA has no specific requirements for
C&D landfills, but landfills must comply
with the Act's requirements for the disposal
of asbestos-containing materials.
The CAA requirements for disposal of
asbestos in waste disposal sites are at
40 CFR 61.154 and are part of the National
Emission Standards for Hazardous Air
Pollutants (NESHAPs) (40 CFR Part 61).
Approach for Compliance
• Follow EPA guidelines: EPA's
summary of Clean Air Act
Guidelines and Standards for Waste
Management is at
https://www. epa. qov/stationary-
sources-air-pollution/clean-air-act-
guidelines-and-standards-waste-
management.
• Optional best practice - Check the
regulations for municipal landfills for
ideas: Tribal C&D landfills do not
need to comply with the regulations
for municipal landfills, but they are
often a source of ideas for good
management practices. Regulations
developed under the CAA for
municipal waste landfills include
40 CFR Part 60, Subparts Cf,
WWW, XXX, and A AAA. (Refer
to Appendix C.)
Materials that may contain asbestos:
• Exterior walls
• Ceiling insulation
• Floor coverings
• Interior surfaces
• Electrical equipment
• Appliances
Federal Requirements
Generally, 40 CFR 61.154 provides:
In general, active asbestos disposal sites
must:
1. Have no visible emissions to the outside
air from any active disposal site where
asbestos-containing material has been
deposited; or
• be properly covered with non-asbestos-
containing material every 24 hours; or
• be covered with an effective dust
suppression agent that binds dust and
controls wind erosion; or
• use an alternative emission control
method that has been approved by the
Administrator.
2. Deter access through a natural barrier or
install warning signs and fencing.
3. Maintain operational records, including
generator and transporter information
plus location, depth, area, and amount on
a diagram or map.
4. Comply with applicable closure
requirements in 40 CFR 61.151.
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C&D Landfills in Indian Country
2.5 Toxic Substances Control Act (TSCA)
The Toxic Substances Control Act (TSCA) addresses the disposal of PCBs. The TSCA
regulations at 40 CFR Part 761 are administered by EPA.
Federal Requirement
Generally, 40 CFR Part 761 provides:
C&D landfills must not accept PCB-
contaminated electrical equipment and PCB
items (defined in 40 CFR 761.1).
Key terms: PCB-contaminated electrical
equipment means any electrical equipment
including, but not limited to, transformers
(including those used in railway locomotives
and self-propelled cars), capacitors, circuit
breakers, reclosers, voltage regulators,
switches (including sectionalizers and motor
starters), electromagnets, and cable, that
contains PCBs at concentrations of >50 parts
per million (ppm) and <500 ppm in the
contaminating fluid. In the absence of
liquids, electrical equipment is PCB-
contaminated if it has PCBs at
>10 micrograms per 100 square centimeters
(|ig/100 cm2) and <100 |ig/100 cm2 as
measured by a standard wipe test (as defined
in 40 CFR 761.123) of a non-porous surface.
(Refer to 40 CFR 761.3.)
Approach for Compliance
• Do not accept most electrical
equipment: Tribes should consider
any electrical equipment described in
key terms on this page as containing
PCBs and therefore not appropriate
for disposal in a C&D landfill.
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2.6 Occupational Safety and Health Administration (OSHA)
OSHA has developed regulations that may apply to workers at C&D landfills including the
following:
29 CFR Part
1910, Subpart I
Personal Protective Equipment
(Section 2.6.1)
29 CFR Part
1910, Subpart O
Machinery and Machine Guarding
(Section 2.6.2)
2.6.1 Personal Protective Equipment
Approaches for
Compliance
• Provide hard hats for
all construction and
waste movement
operations.
• Identify wastes or
working conditions that
would require
respirators or eye/face
protection and keep
this equipment at the
landfill.
Approaches for Compliance
• Install guards on all affected
machinery: From shredders to
compactors, much of the equipment
workers use at the landfill must
include guards according to this
OSHA standard.
• Optional best practice - fire
protection: Although not required for
C&D landfills, OSHA has developed
a regulation requiring the adoption of
fire protection that could serve as a
good management practice
depending on the type of wastes
received at the landfill. (Refer
to 29 CFR 1910.39.)
Federal Requirements
Generally, 29 CFR Part 1910, Subpart I, provides:
1. Landfill workers must wear hard hats if there is the
potential for injury to the head from falling objects.
(29 CFR 1910.135(a)(1))
2. Employers need to provide eye and face protection in
some instances. (29 CFR 1910.133)
3. For certain landfilled wastes, workers may need to wear
respirators. (29 CFR 1910.134(a)(2))
2.6.2 Machinery and Machine Guarding
Federal Requirements
Generally, 29 CFR Part 1910, Subpart O,
provides:
1. Provide one or more methods of
machine guarding to protect the operator
and other employees in the machine area
from hazards such as those created by
point of operation, ingoing nip points,
rotating parts, flying chips, and sparks.
2. Examples of guarding methods are
barrier guards, two-hand tripping
devices, electronic safety devices, etc.
(29 CFR 1910.212(a)(1))
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3 Tribal Regulatory Oversight of C&D Landfills
3.1 What Is a Tribal Regulatory Oversight Program and Why Do We Need One?
What It Is
Tribes who develop a C&D landfill may
choose to assign the operation of the landfill
to an organizational entity of the tribe. This
organizational entity would also regulate
any other C&D landfill operating within the
tribe's jurisdiction. It is important for the
tribe to also set up a way to ensure the
operating entity is complying with federal
and tribal laws and regulations. This is the
regulatory oversight program.
To set up this program, the tribe may wish to
assign the oversight of the C&D landfill
operator to a different entity within the tribe
than the tribal entity who manages the C&D
landfill. This oversight entity can be
responsible for developing and
implementing procedures to track and
evaluate how the operating entity is running
the landfill.
Why We Need It
An oversight program can be important in
confirming that the entity responsible for
operating the C&D landfill is performing all
required duties, including, for example:
• Only "approved" C&D debris is
going to the landfill.
• The security of the landfill is
maintained.
• Proper operational plans and
recordkeeping are maintained.
• C&D material is properly placed in
the landfill.
• Operations and closure of the landfill
comply with tribal and federal rules.
Best Practices for Elements of a Landfill Oversight Program
Tribal ordinance to Regulations for C&D
establish regulatory landfill requirements
authority (Section 3.2) (Section 3.3)
Oversight
Program
Inspections (Section 3.5) Permitting program in
and compliance accordance with
assurance (Section 3.6) regulations (Section 3.4)
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3.2 How Do We Establish the Authority to Regulate a C&D Landfill? - Tribal Ordinance
Tribes can establish the oversight entity's authority to regulate a C&D landfill by enacting a
tribal ordinance (also called a tribal code or tribal law) based on the tribe's governmental
authorities. This might be a stand-alone ordinance or part of a larger tribal waste code.
What to Include in the Ordinance
The tribal ordinance could explicitly give
the oversight entity the authority to do the
activities necessary to conduct a regulatory
oversight program, such as:
• Write regulations for the landfill
operator to implement federal and
tribal waste laws.
• Set requirements for landfill siting,
operation, and closure.
• Establish a permitting process to
ensure operators meet requirements.
• Monitor and assure compliance with
these regulations and permitting
requirements.
Resources for Creating an Ordinance
• EPA's Developing Tribal Waste
Management Codes and Ordinances
webpage (httos://www.eoa.govAribal-
lands/de veloDina-tribal-waste-
manaaement-codes-and-ordinances)
includes guidance on developing an
ordinance and links to sample tribal
codes.
• Tribal Waste Journal #12,
"Developing and Implementing
Codes and Ordinances on Tribal
Land," includes tribal case studies
and other resources
(httosJ/www. eoa. a o v/s vstem/files/doc
umer i- 12-final-
25oct2021-508. odf).
• Refer to the example solid waste
management ordinance in
Appendix E.
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C&D Landfills in Indian Country
3.3 Why Write Regulations for Landfill Requirements?
EPA sets the minimum C&D landfill operating standards in 40 CFR Part 257. As detailed
throughout this guide, several aspects of C&D landfill operations are not covered by the federal
minimum standards.
Tribes may choose to write rules and regulations that require implementation of additional
standards for siting, operations, and closure to ensure that landfill operations comport with tribal
values of environmental stewardship.
• 40 CFR Parts 258 and 264 contain examples of regulations tribes can consider in addition
to those in 40 CFR Part 257.
• State regulations (refer to Table D-1) can also be considered for examples of more region-
relevant regulations.
Examples of Requirements in Tribal Regulations
• Which, if any, of the siting • Whether to require periodic reporting
considerations discussed in of landfill activities to the oversight
Section 1.3 must be considered entity and the contents of these
before issuing a permit or during reports
landfill siting
• Which, if any, of the closure and
post-closure best practices discussed
in Section 1.9 and Appendix D must
be implemented
• Whether to require formal plans—
such as an operations plan, waste
acceptance plan, closure/post-closure
plan—and the contents of those
plans
• How and when notifications about
landfill activities are to be made
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3.4 How Can Permitting Support the Regulatory Oversight Program?
The regulations discussed in Section 3.3 form the basis for tribes to prepare a C&D landfill
permit that identifies the regulations and other requirements the landfill will be required to
address.
Benefits of a Permitting Program
• Permits with the proper requirements
minimize the odds of the landfill
operations harming the natural
environment or the health of the
people living or working near the
landfill.
• A permit will provide the elements
necessary for an inspection program.
• Permits can help the tribe identify
problems in landfill operations
because the permit can define what a
facility needs to do to avoid
enforcement actions.
• Permits can provide historical
records of C&D landfill operators
and management practices within the
reservation.
Examples of Permitting Programs
Guidance on how to develop a permitting
process created for U.S. states can also be
useful to tribes:
• EPA guidance for states on
hazardous waste permitting
(https://www. epa. gov/hwpermitting)
can serve as a model for developing
a permitting process because the
tribal government would have the
same role as the state government in
this guidance.
• 40 CFR Part 270 contains the federal
regulations for permitting of waste
management facilities. It can serve as
an example of how tribes could
adopt a similar permitting program.
• Refer to the example permit
language on this page and in the
solid waste management ordinance
in Appendix E.
Excerpt from the Solid Waste Management Code of the Lac du Flambeau Band of Lake
Superior Chippewa
24.104 Permitting of Solid Waste disposal facilities
(4) Construction and Demolition Site (C/D). The Tribal Natural Resource Department may issue
a permit (after Tribal Council approval) for a construction and demolition site if the site meets
40 CFR Part 257 and is considered environmentally safe by the Tribal Natural Resource
Department. An environmental assessment must be conducted prior to application, at the
applicant's expense. The permit application shall be completed by the applicant and shall include
legal description of the site, soil type, depth to ground water, proximity to wetlands, topography,
and plans for operation and closure of the site (including remediation of pollution if present).
Any existing demolition sites will need to comply and person(s) wishing to utilize such sites
need a permit to dispose of such wastes at site.
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C&D Landfills in Indian Country
3.5 What Are Best Practices for Inspections?
Purpose of Inspections
The landfill oversight program routinely inspects landfill operations and closure/post-closure to
confirm that they comply with federal and tribal regulations, including:
• No unauthorized C&D debris is being placed in the landfill.
• Debris is being properly placed in the landfill with any required interim cover material.
• The landfill is secure from unwanted disposal.
• Closure/post-closure maintenance is ensuring that the cover continues to contain the
waste.
Routine inspecting is achieved by reviewing submitted landfill operating reports, reviewing
operations, and, if possible, remote monitoring.
Best Practices for Onsite Inspections
The oversight entity should develop an
inspection checklist (refer to the sample
checklist on page 3-7) and a plan for how
often inspections should take place.
Onsite inspectors should have the following
resources with them during the inspection,
either on an electronic device or on a
clipboard:
• An inspection checklist
• Guidance on what to look for
Completed inspection checklists should be
maintained for a set period of time (typically
at least 5 years, or until post-closure is
complete).
Example Inspection Items
Barrier system
Security system
Types of debris accepted
Debris placement
Interim cover
Best Practices for Remote Monitoring
The best-operated landfills have surveillance
systems to confirm that only approved
disposal is taking place.
The surveillance system should focus on the
facility entrance, the landfill, and the barrier
systems preventing unwanted entry to the
landfill.
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C&D Landfills in Indian Country
Inspection Checklist
It is helpful to have a checklist of information to
collect when conducting landfill inspections.
Information collection should enable you to:
• Tell what has changed since the last
inspection
• Identify potential problems or changing
conditions that need to be addressed.
Sample Inspection Checklist
Initial inspections: A comprehensive initial inspection when the landfill starts operation helps
to set a baseline of plans, policies, and site conditions for monitoring future changes that might
require action.
The sample checklist that begins on the next page is for an initial landfill inspection. It can be
adapted for a tribe's specific location and landfill laws, plans, and policies.
Regular oversight inspections: For regular oversight inspections, it may be useful to create a
shorter version of the initial checklist that does not include the information you only need to
gather once at the start.
• For example, if the tribe only has one C&D landfill, you will not need to record its
address, latitude, and longitude every time you inspect it, so the regular oversight
checklist will not need to have Question A.2 from the sample initial checklist.
Landfill Inspection
] Date
~ What has changed
~ What needs action
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C&D Landfills in Indian Country
Example Initial C&D Landfill Site Visit Checklist
A. Basic Facility Information
A.1. Facility Name:
A.2. Facility Mailing and Street Address (and longitude/latitude if possible):
A.3. Facility Contact and Manager (name, address, email, telephone, fax)\
A.4. Tribal Environmental Contact Person (name, address, email, telephone, fax)\
A.5. Facility Description/Diagram (Please provide a sketch or attached map copy of the facility
with compass directions and scale if possible. Please show the cells if waste is segregated.)
A.6. What is the total disposal capacity of the landfill and how much has been disposed of at the
landfill?
A.6.a. How long is the landfill's remaining service life?
A.7. Is there a tribal environmental permit (or equivalent) for the landfill?
A.7.a.If so, please provide a copy of the document if possible.
B. Waste Stream
B.1. Describe the specific C&D debris streams & amount per day disposed of at the landfill. The
waste streams can include but are not limited to:
• concrete
• wood (from buildings)
• asphalt (from roads and roofing shingles)
• gypsum (the main component of drywall)
• metals
• bricks
• glass
• plastics
• salvaged building components (doors, windows, and plumbing fixtures)
• trees, stumps, earth, and rock from clearing sites
B.2. Are any of the following materials disposed of in the landfill (please specify): paints, paint
thinners, materials containing lead-based paint, adhesives and glues, roofing tar ("blackjack"),
fuels and oils, pool chemicals, or cleaning chemicals?
B.2.a. If yes, how much?
B.2.b. If they are prohibited, please indicate how they are screened:
B.3. Are the waste streams separated?
B.3.a. If yes, please indicate which streams are separated and explain how they are
separated. Please indicate where the different streams are located on the facility
diagram/map.
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C&D Landfills in Indian Country
C. Floodplain
C.1. Is the facility located in a floodplain?
Cl.la. If yes, does the facility have a flood control plan to prevent washouts and prevent
hazards to human life, wildlife, and land or water resources? (Please describe or attach
the plan.)
D. Endangered Species
D.1. Are there any endangered species or habitat that could be destroyed or adversely affected
by the facility?
D.1.a. If yes, please explain the facility's endangered species protection plan (or attach a
copyy.
E. Surface Water
E.1. Where are the closest waters of the United States?
E.2. Are there any wetlands close to the landfill?
E.2.a. If yes, please specify direction and distance:
E.3. Does the facility cause a discharge of pollutants or dredged materials into the waters of the
United States that is in violation of the Clean Water Act?
E.3.a. If yes, please indicate how:
E.4. Is there a surface water control system?
V.4.a. If yes, please describe the controls that are in place to keep surface water from
being contaminated:
F. Groundwater
F.1. Is there an underground (present or future) drinking water source underneath or close to
the facility?
F. 1 .a. If yes, how close is the drinking water source?
F.2. Is the groundwater at the site being monitored?
F.2.a. If yes, how is it being monitored?
F.2.b. Please provide a copy of the groundwater monitoring plan.
G. Disease Vectors
G.1. What practices are in place to minimize onsite population of disease vectors?
G.2. Are sewage sludge and septic tank pumping disposed of at the site?
G.2.a. If yes, what controls are in place to reduce the pathogens?
H. Air
H.1. Is the facility conducting open burning?
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H.2. Does the facility have an asbestos disposal area?
H.2.a. If yes, please describe and provide a copy of its compliance status with the Clean
Air Act.
I. Safety
1.1. Is there a site safety plan?
1.2. Are the workers trained for health and safety?
1.3. What fire prevention practices are implemented at the facility?
1.4. Is there a fire prevention plan?
I.4.a. What does the facility do in case of a fire?
1.5. Is the facility monitoring for explosive gases?
1.6. Is there a gas collection system/treatment system at the facility?
1.6.a. If yes, please describe:
1.7. Has anyone smelled rotten eggs (hydrogen sulfide) at the site or off site?
1.7.a. If yes, what was done to address the odor?
1.8. Is there a plan to control odors?
J. Landfill Operations/Maintenance
J.1. Are the workers properly trained to operate/maintain the landfill?
J.1.a. If yes, please describe the training:
J.2. How is the C&D debris measured as it enters the facility (weight or volume)?
J.3. How many tons of C&D debris does the landfill accept per day?
J.4. Is the C&D debris separated and disposed into monofill cells?
J.4.a. If yes, please describe separation procedures:
J.5. Is there a person who screens the C&D debris for municipal solid waste, hazardous
substances, and hazardous waste as the waste is brought to the facility?
J.5.a. If yes, explain the screening procedures:
J.5.b. Please describe how the municipal solid waste, hazardous substances, and
hazardous waste are separated, stored, and sent off site for proper disposal:
J.6. Is there screening for hot loads that can cause a fire?
J.7. How is the C&D debris disposed on a daily basis?
J.7.a. Is there one working face?
J.8. Is there daily cover for the C&D debris?
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J.8.a. What type of daily cover is used?
J.8.b. Is the daily cover effective in controlling disease vectors, odors, fire, and surface
water? Please explain:
J.9. What type of equipment is used at the landfill?
J.9.a. Is the equipment maintained properly?
J.10. Is there a closure and post-closure plan for the Landfill?
J.10.a. If yes, please describe:
K. Landfill Design
K.1. Is there a liner beneath the landfill?
K.1.a. If yes, please describe:
K.2. Is there a closed portion of the landfill?
K.2.a. If yes, please describe the cover system:
K.3. Is there a leachate treatment and collection system?
K.3.a. If yes, please describe:
K.4. Is there a gas collection and treatment system?
XI.4.a. If yes, please describe:
L. Community Issues & Security
L.1. How close and where are the closest residents to the landfill?
L.2. What kinds of complaints and how many complaints are taken about the landfill (for
example, per month, quarter, or year)?
L.3. Are the community complaints and concerns about the landfill being addressed
adequately?
L.4. Does the landfill have a community representative?
L.4.a. If yes, please provide name and contact information:
L.5. Does the landfill have a problem with scavengers or vandals?
L.6. What kind of security against trespassers and vandalism is provided at the landfill?
M. Recycling
M.1. Are there any recycling activities going on at the C&D landfill facility?
M.1.a. If yes, please describe these activities:
M.2. Is the tribe interested in recycling C&D debris it currently is disposing?
M.2.a. If yes, please describe needs to make recycling more effective or successful:
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3.6 What Compliance Assurance Actions Are Needed to Ensure Sustainable
Compliance?
The form of a tribal compliance assurance program for C&D landfill permit compliance will
depend on the culture of the tribe and the relationships among the tribal organization entities.
Best Practices for a Permit Enforcement Program
• Align with iiiegai dumping enforcement mechanisms: A tribe's solid waste ordinance that
prohibits illegal dumping and includes penalty schedules should also apply to C&D
illegal dumping and noncompliant C&D landfills that have turned into illegal dumps.
• L 'aded series of enforcement actions: Depending on the severity or duration of the
noncompliance, enforcement actions can range from a simple notification to the C&D
landfill operator, to a more widely publicized communication on the noncompliance, to
the removal and replacement of the landfill operator.
• Build in consideration of human error and intent: The level of enforcement action can
also be driven by whether the noncompliance was knowingly or unknowingly done and
whether the landfill operator had a record of repeat violations.
• Refer to the example enforcement language in the solid 'waste management ordinance
in Appendix E,
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Appendix A - Definitions
Term
Base flood
Boundary
Climate resilience
Construction and demolition
(C&D) landfill
Destruction or adverse
modification
Detection, monitoring, and
control program
Disease vectors
Endangered or threatened
species
Financial assurance
Floodplain
Definition
A flood that has a 1% or greater chance of recurring in any
year. (Executive Order 11988, May 24, 1977,
42 FR 26951)
The outermost perimeter of the solid waste (projected in
the horizontal plane) as it would exist at completion of the
C&D landfill.
A capability to anticipate, prepare for, respond to, and
recover from significant multi-hazard threats with
minimum damage to social well-being, the economy, and
the environment.
A C&D landfill is a solid waste disposal facility that
receives construction and demolition waste and does not
receive hazardous waste (defined in 40 CFR 261.3) or
industrial solid waste (defined in 40 CFR 258.2). A C&D
landfill typically receives any one or more of the following
types of solid wastes: Roadwork material, excavated
material, demolition waste, construction/renovation waste,
and site clearance waste. (40 CFR 257.2)
A direct or indirect alteration of critical habitat which
appreciably diminishes the likelihood of the survival and
recovery of threatened or endangered species using that
habitat.
A program to detect unwanted contaminants in air or water
through sampling and analysis, monitor the levels of
contaminants over time, and implement any necessary
control actions to prevent additional release of
contaminants and/or decrease the observed contamination.
Birds, flies, and rodents that can transmit diseases.
Any species listed under the Endangered Species Act.
The set of financial instruments and mechanisms that a
tribe uses to demonstrate it will be able to pay for closing
the landfill sometime in the future.
The lowland and relatively flat areas adjoining inland and
coastal waters including flood-prone areas of offshore
islands, including at a minimum, that area subject to a 1%
or greater chance of flooding in any given year. (Executive
Order 11988, May 24, 1977, 42 FR 26951)
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Term
Food-chain crops
Friable
Hydrogen sulfide (H2S)
Indian country
Landfill wastewater
Leach ate
Methane (CH4)
National Pollutant Discharge
Elimination System (NPDES)
Navigable waters
Definition
Tobacco, crops grown for human consumption, and animal
feed for animals whose products are consumed by humans.
Term used to describe material that can be crumbled or
crushed with hand pressure and is therefore likely to emit
fibers. It is frequently used to describe asbestos-containing
materials as friable or nonfriable, which determines the
applicable regulations. Friable asbestos-containing
materials create an unsafe breathing environment and
require special handling procedures.
An extremely toxic gas with a low odor threshold and a
pungent (rotten egg) odor. This gas also is a flammability
hazard, with a flammable range of 4% (lower explosive
limit) to 45% (upper explosive limit). The vapor density of
H2S is greater than air, which means it may accumulate in
low-lying areas and may travel a considerable distance to
an ignition source.
All lands within the exterior boundaries of federally
recognized Indian reservations and tribally held trust lands,
whether located inside or outside reservation boundaries.
All wastewater associated with, or produced by, landfilling
activities except for sanitary wastewater, non-contaminated
storm water, contaminated groundwater, and wastewater
from recovery pumping wells. Leachate is an example of
landfill wastewater. (Refer to 10 CFR 445.2(f) for a partial
list of types of landfill wastewater)
Liquid that has passed through or emerged from solid
waste and contains materials from those wastes. An
example of landfill wastewater.
The primary component of landfill gas. Methane is
considered an asphyxiant at extremely high concentrations
and can displace oxygen in the blood. The Occupational
Safety and Health Administration has no permissible
exposure limit for methane, but the National Institute for
Occupational Safety and Health's maximum recommended
safe methane concentration for workers during an 8-hour
period is 1,000 parts per million (ppm) (0.1%).
An EPA program that establishes the effluent criteria for
wastewater discharges to waters of the United States as
defined by 33 CFR Part 328.
Waters of the United States, including the territorial seas,
as defined by 33 CFR Part 328.
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Definition
Term used to describe material that cannot be crumbled or
crushed with hand pressure and is therefore not likely to
emit fibers. It is frequently used to describe asbestos-
containing materials as friable or nonfriable, which
determines the applicable regulations. Nonfriable asbestos-
containing materials should present no health and safety
problems as long as they are left alone and maintained in
good condition
Report describing existing and potential nonpoint-source-
related water quality problems on tribal lands, using
existing water quality data. The report identifies the nature,
extent, and effect of nonpoint source pollution and the
causes of such pollution. It should also describe existing
programs and methods used for controlling the pollution.
Tribes receiving grants under Section 319(h) of the Clean
Water Act must write this report and have it approved by
the appropriate EPA Region.
Nonpoint source management Plan describing the management program that the tribe
P'an intends to implement to correct and/or prevent the existing
and potential nonpoint source problems identified in the
nonpoint source assessment report over the 4 fiscal
years following submission of the plan. The management
program must be approved by the appropriate EPA Region.
Nonpoint source pollution Pollution generally resulting from land runoff,
precipitation, atmospheric deposition, drainage, seepage, or
hydrologic modification. As the runoff moves, it picks up
and carries away natural and human-made pollutants,
finally depositing them into lakes, rivers, wetlands, coastal
waters, and groundwaters.
Oversight entity The entity authorized by the tribe to oversee the C&D
landfill. This oversight entity can be responsible for
developing and implementing procedures to track and
evaluate how the operating entity is running the landfill.
Term
Nonfriable
Nonpoint source assessment
report
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Term
Definition
PCB-contaminated electrical
equipment
Point source
Point source pollution
Publicly owned treatment
works (POTW)
Putrescible wastes
Regulatory oversight program
Residential lead-based paint
(LBP) waste
Resilience
Very Small Quantity Generator
(VSQG)
Zero waste
Any electrical equipment including, but not limited to,
transformers (including those used in railway locomotives
and self-propelled cars), capacitors, circuit breakers,
reclosers, voltage regulators, switches (including
sectionalizers and motor starters), electromagnets, and
cable, that contains PCBs at concentrations of >50 ppm
and <500 ppm in the contaminating fluid. In the absence of
liquids, electrical equipment is PCB-contaminated if it has
PCBs at >10 |ig/100 cm2 and <100 |ig/100 cm2 as
measured by a standard wipe test (as defined in
40 CFR 761.123) of a non-porous surface. (40 CFR 761.3)
Any single identifiable source of pollution from which
pollutants are discharged, such as pipes or artificial ditches.
Pollution discharged from a point source.
Wastewater treatment plant that receives wastewaters from
domestic or industrial sources and treats the wastewaters to
less harmful byproducts.
Solid waste which contains organic matter capable of being
decomposed by microorganisms and of such a character
and proportion as to be capable of attracting or providing
food for birds. (40 CFR 257.3-8(e)(7))
Program implemented by the oversight entity to ensure the
landfill operator is complying with federal and tribal laws
and regulations.
Waste containing lead-based paint, which is generated as a
result of activities such as abatement, rehabilitation,
renovation, and remodeling in homes and other residences.
Residential LBP waste includes lead-based paint debris,
chips, dust, and sludges.
A capability to anticipate, prepare for, respond to, and
recover from significant multi-hazard threats with
minimum damage to social well-being, the economy, and
the environment.
Entity generating 100 kilograms or less per month of
hazardous waste and 1 kilogram or less per month of
acutely hazardous waste. (40 CFR 260.10)
A strategy to avoid generation of waste through
redesigning how materials flow through society. The goal
of the movement is to avoid sending trash to landfills,
incinerators, or the ocean.
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Appendix B - Resources
This section includes references associated with each of the potential appliable environmental
laws and media and other relevant areas. The specific topics covered include:
• C&D Debris Reduction and Recycling (Section B. 1)
• Clean Air Act and Air Emissions (Section B.2)
• Clean Water Act and Water Quality (Section B.3)
• Climate Change/Resilience (Section B.4)
• Endangered Species (Section B.5)
• OSHA and Health and Safety (Section B.6)
• Resource Conservation and Recovery Act and Waste Management (Section B. 1)
• Roles and Policy (Section B.8)
• Siting (Section B.9)
• State Resources (as examples of management practices) (Section B. 10)
• Toxic Substances Control Act of 1976 (Section B. 11)
B.1 C&D Debris Reduction, Reuse, and Recycling
All for Reuse. Network to reuse commercial building materials: https://www.allforreuse.org/
(last checked 08/14/2023)
Becker County, Minnesota. Waste Diversion and Reuse Program.
https://www.co.becker.mn,us/deot/environmental services/waste diversion,asm (last checked
04/10/2023)
Build Reuse website: Empowering communities to turn construction and demolition waste into
local resources : https://www. butldreuse, org/ (last checked 08/14/2023)
CDRA 2021. "Find a C&D recycler," Construction & Demolition Recycling Association, (n.d.).
httos://www. cd reeve Una. ora/Tmd-a-c-d-recvcierW (last checked 02/23/2023)
Dahlbo et al. 2015. "Construction and demolition waste management - a holistic evaluation of
environmental performance," Journal of Cleaner Production, 707(16), 333-341. Dahlbo, H.,
Bacher, J., Lahtinen, K., Jouttijarvi, T., Suoheimo, P., Mattila, T., Sironen, S., Myllymaa, T., &
Saramaki, K. March 6, 2015.
httos://www.sciencedirect,com/science/article/oii/S0959652615001985 (last checked
02/23/2023)
E-The Environmental Magazine 2020. "What can we do about construction and demolition
waste?" E-The Environmental Magazine, Holly Welles, February 10, 2020.
htiosJ/emaaazine.com/construction-waste/ (last checked 02/23/2023)
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EPA Abandoned Mobile Home Deconstrnction Toolkit.
https://19ianuarv2021snapshot, epa. gov/smm/toolkit-about-abandoned-mobile-homes . html
(last checked 08/14/2023)
EPA Deconstrnction Rapid Assessment Tool. https://www. epa. Qov/larae-scale-residential-
demolition/deconstruction-rapid-assessment-tool (last checked 08/14/2023)
EPA Disaster Debris Recovery Tool to find C&D debris recyclers: https://www.epa.gov/large-
scale-residential-demolition/disaster-debris-recovery-tool (last checked 08/14/2023)
EPA Managing and Transforming Waste Streams: A Tool for Communities:
https://www.epa.gov/transforming-waste-tool (last checked 08/14/2023)
EPA webpage: Organizations Working to Reduce the Disposal of Construction and Demolition
(C&D) Materials: https://www.epa.gov/smm/organizations-working-reduce-disposal-
construction-and-demolition-cd-materials (last checked 08/14/2023)
EPA Residential Demolition Bid Specification Development Tool. https://www. epa. gov/large-
scale-residential-demolition/road-reuse-residential-demolition-bid-specification-development
(last checked 08/14/2023)
EPA webpage: Sustainable Management of Construction and Demolition Materials. U.S.
Environmental Protection Agency. https://www.epa.gov/smm/sustainable-management-
construction-and-demolition-materials (last checked 02/23/2023)
EPA Tribal Green Building Toolkit. 2015. https://www.epa.gov/green-building-tools-tribes/tribal-
green-building-toolkit (last checked 02/23/2023)
Habitat for Humanity ReStore: https://www.habitat.org/restores (last checked 04/10/2023)
Reuse Wood. Directory for wood reuse and recycling: https://reusewood.org/(last checked
08/14/2023)
Ulubeyli et al. 2017. "Construction and Demolition Waste Recycling Plants Revisited:
Management Issues." Procedia Engineering, 172, 1190-1197. Serdar Ulubeyli, Aynur Kazaz,
Volkan Arslan. https://www.sciencedirect.com/science/article/pii/S 1877705817306458 (last
checked 02/23/2023)
Western Lake Superior Sanitary District 2017. "Reuse. Repair. Repurpose. Reimagine. A Guide
to Launching and Improving Reuse Programs." https://wlssd.com/wp-
content/uploads/2020/07/WLSSD ReuseGuidanceDoc 2017 final.pdf (last checked
04/10/2023)
B.2 Clean Air Act and Air Emissions
40 CFR Part 60, Subpart AAAA. Code of Federal Regulations, Title 40, "Protection of
Environment," Part 60, "Standards of Performance for New Stationary Sources" Subpart AAAA,
"National Emission Standards for Hazardous Air Pollutants: Municipal Solid Waste Landfills."
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40 CFR Part 60, Subpart Cf. Code of Federal Regulations, Title 40, "Protection of
Environment," Part 60, "Standards of Performance for New Stationary Sources," Subpart Cf,
"Emission Guidelines and Compliance Times for Municipal Solid Waste Landfills."
40 CFR Part 60, Subpart WWW. Code of Federal Regulations, Title 40, "Protection of
Environment," Part 60, "Standards of Performance for New Stationary Sources,"
Subpart WWW, "Standards of Performance for Municipal Solid Waste Landfills."
40 CFR Part 60, Subpart XXX. Code of Federal Regulations, Title 40, "Protection of
Environment," Part 60, "Standards of Performance for New Stationary Sources," Subpart XXX,
"Standards of Performance for Municipal Solid Waste Landfills That Commenced Construction,
Reconstruction, or Modification After July 17, 2014."
40 CFR Part 61. Code of Federal Regulations, Title 40, "Protection of Environment," Part 61,
"National Emission Standards for Hazardous Air Pollutants."
40 CFR Part 761. Code of Federal Regulations, Title 40, "Protection of Environment," Part 761,
"Polychlorinated Biphenyls (PCBs) Manufacturing, Processing, Distribution in Commerce, and
Use Prohibitions."
EPA 1995. "Compilation of Air Emissions Factors," AP-42, Fifth Edition, Volume I,
Section 13.2, "Introduction to Fugitive Dust Sources," U.S. Environmental Protection Agency,
January 1995. https://www.epa.aov/air~emissions~factors~and-auantification/ap~42~fifth~edition~
volun s apter-13-miscellaneous-0 (last checked 02/23/2023)
EPA 2014. "Best Management Practices to Prevent and Control Hydrogen Sulfide and Reduced
Sulfur Compound Emissions at Landfills That Dispose of Gypsum Drywall," EPA/600/R-14-
039, U.S. Environmental Protection Agency, August 2014.
http://nepis.epa,qov/Adobe/PDF/P100NG53,pdf (last checked 02/23/2023)
EPA webpage: Clean Air Act Guidelines and Standards for Waste Management.
https://www.epa.aov/stationary-sources~air~pollution/clean~air~act~auidelines~and-standards~
waste-management (last checked 07/20/23)
MDEP 2007. "Control of Odorous Gas at Massachusetts Landfills," Policy and Appendices,
Massachusetts Department of Environmental Protection, Bureau of Waste Prevention, September
2007. Policy: https://www.mass.aov/doc/policv-control~of-odorous~aas~at~massachusetts~
landfills/download. Appendices: mass, q o\f/doc/odo ro us^Qds*™ pol$c^™3 ppe nd ices~a ~
throuah-hfdownload (last checked 07/20/2023)
B.3 Clean Water Act and Water Quality
33 CFR Part 328. Code of Federal Regulations, Title 33, "Navigation and Navigable Waters,"
Part 328, "Definition of Waters of the United States."
40 CFR Part 136. Code of Federal Regulations, Title 40, "Protection of Environment," Part 136,
"Landfills Point Source Category."
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40 CFR Part 445. Code of Federal Regulations, Title 40, "Protection of Environment," Part 445,
"Test Procedures for the Analysis of Pollutants."
EPA 2010. "Handbook for Developing and Managing Tribal Nonpoint Source Pollution
Programs under Section 319 of the Clean Water Act," EPA841-B-10-001, U.S. Environmental
Protection Agency. httos://www.epa.qov/sites/default/files/2015~
09/documer • t' t' t' ; vs Tribal pdf Tribal handbook2010.pdf (last checked
02/23/2023)
EPA webpage: Tribal Nonpoint Source Program [grants and technical assistance to support
Tribal nonpoint source pollution programs under CWA Section 319],
https://www.epa.aov/nps/Tnbal~nonpoint~source~proaram (last checked 02/23/2023).
EPA webpage: Stormwater Discharges from Industrial Activities [industrial wastewater general
permits and SWPPPs], https://www.eDa,aov/nDdes/stormwater-discharqes-industrial-activities
(last checked 02/23/2023)
EPA webpage: Current Implementation of Waters of the United States [information on Waters of
the United States definition (CWA Section 404)]. https://www.em.aov/wotus/current-
implementation-waters-united-states (last checked 02/23/2023)
EPA webpage: What is a Wetland? [information on wetlands (CWA Section 404)].
https://www,epa.aov/wetlands/what~wetland (last checked 02/23/2023)
EPA webpage: Stormwater Discharges from Construction Activities [NPDES construction
general permits and SWPPPs], https://www.epa.aov/npdes/stormwater~discharaes~construction~
activities (last checked 02/23/2023)
EPA webpage: NPDES Permit Basics. https://www.epa.aov/npdes/npdes~permit-basics (last
checked 02/23/2023)
USACE webpage: Regulatory Programs and Permits [includes implementation of CWA
Section 404 permitting in Indian country], https://www.usace.army.mil/Missions/Civil-
Works/Reaulatorv-Proaram~and-Permits/ (last checked 02/23/2023)
B.4 Climate Change/Resilience
EPA 2021. "Climate Adaptation Action Plan," EPA 231-R-210-01, U.S. Environmental
Protection Agency, October 2021. https://www.epa.aov/climate~adaptation/climate~adaptation~
plan (last checked 02/23/2023)
EPA 2019. "Climate Resilience Technical Fact Sheet: Contaminated Waste Containment
Systems," EPA 542-F-19-004, U.S. Environmental Protection Agency, Office of Superfund
Remediation and Technology Innovation, October 2019.
https://www. epa.gov/sites/production/files/2019-
i icuments/cr containment fact sheet 2019 uodate.pdf (last checked 02/23/2023)
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Waste and Recycling Bulletin 2003. "Potential Impacts of Climate Change on Waste
Management," Waste and Recycling Bulletin, May 2003.
httos://www.nswai. ora/docs/Potential%20lmoacts%20of%20Climate%20Chanae%20on%20Wa
ste%20Manaaement.odf (last checked 02/23/2023)
B.5 Endangered Species
50 CFR Part 17. Code of Federal Regulations, Title 50, "Wildlife and Fisheries," Part 17,
"Endangered and Threatened Wildlife and Plants."
U.S. Fish and Wildlife Service webpage: Working with Tribes to Recover Endangered and
Threatened Species [practices for working with Tribes on endangered species],
https;fffws,aov/node/268362 (last checked 02/23/2023)
U.S. Fish and Wildlife Service webpage: National Native American Programs Contact Us
[Tribal liaisons (endangered species)]. https://www,fws.aov/Droaram/native-amehcan/contact-us
(last checked 02/23/2023)
B.8 OSHA and Health and Safety
CalRecycle. "Landfill Fires Guidance Document," California Department of Resources
Recycling and Recovery (CalRecycle). httos://calrecvcle. ca. qov/swfacilities/fires/lffiresauide (last
checked 02/23/2023)
NJDOH 2016. "Right to Know Hazardous Substance Fact Sheet: Methane," New Jersey
Department of Health, July 2016.
httDs://www,aooale,com/url?sa=t&rct=i&a=&esrc=s&source=web&cd=&ved=2ahUKEwi
8rzAhWZDnlEHXslB2YQFnoECAMQAQ&urt=httDS%3A%2F%2Fni.aov%2Fhealth%2Feoh%2Frt
kweb%2Fdocuments%2Ffs%2F1202.Ddf&usQ-aOvVaw3non\Q o 1 SeMdbRvJffwZT(last
checked 07/20/2023)
OSHA webpage: Hydrogen Sulfide. Occupational Safety and Health Administration.
httos://www. osha.qov/hvdroaen-sulftde/hazards (last checked 02/23/2023)
USACE 2021. "Silver Jackets Teams Well-Positioned to Reduce Flood Risk after Wildfire," In
the Spotlight, U.S. Army Corps of Engineers. https://www. iwr. usace. army, mil/Missions/Flood-
Risk-Manaaement/Flood-Risk-Manaaement-ProQram/News-and-Events/ln-theSDQtUaht/ (last
checked 07/20/2023)
B.7 Resource Conservation and Recovery Act and Waste Management
B.7.1 Regulations
40 CFR Part 257. Code of Federal Regulations, Title 40, "Protection of Environment," Part 257,
"Criteria for Classification of Solid Waste Disposal Facilities and Practices."
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40 CFR Part 258. Code of Federal Regulations, Title 40, "Protection of Environment," Part 258,
"Criteria for Municipal Solid Waste Landfills."
40 CFR Part 261. Code of Federal Regulations, Title 40, "Protection of Environment," Part 261,
"Identification and Listing of Hazardous Waste."
40 CFR Part 264. Code of Federal Regulations, Title 40, "Protection of Environment," Part 264,
"Standards for Owners and Operators of Hazardous Waste Treatment, Storage, and Disposal
Facilities."
B.7.2 Waste Acceptance
ATSDR 2014. "Medical Management guidelines for Hydrogen Sulfide," Agency for Toxic
Substances and Disease Registry, October 21, 2014.
https://wwwn.cdc.aov/TSP/MMG/MMGDetails.asm?mmqid=385&ioxid= 67 (last checked
02/23/2023)
C&D Recycling 2003. "Moving Forward: Recyclers and Generators of Scrap Gypsum Are
Attempting to Widen End Markets," Construction & Demolition Recycling,
Timothy G. Townsend, May 2003. https://www.cdrecvcler.com/article/movinq-forward/ (last
checked 02/23/2023)
EPA 2004. "RCRA in Focus: Construction, Demolition, and Renovation," EPA-530-K-04-005,
U.S. Environmental Protection Agency, September 2004.
httos://www.eoa.aov/sites/default/files/2C documents/hf-cd.odf (last checked 02/23/2023)
EPA 2006. "Construction & Demolition Materials: Concrete Reasons to Manage Them Now!"
Tribal Waste Journal, Issue 5, EPA530-N-06-003, U.S. Environmental Protection Agency,
June 2006. httos://neois.eoa.aov/Exe/ZvPDF.cai/P1005SQP.PDF?Dockev=P1005SQP,PDF
(last checked 02/23/2023)
EPA 2021. "Fact Sheet: Draft Strategy to Reduce Lead Exposures and Disparities in U.S.
Communities. November 2021. https://www.epa.aov/svstem/files/documents/2021-
11/final 508 fact-sheet-draft-strateov-to-reduce-lead-exDosutre-and-disDanties-in-u. s. -
communities -no vember-2021. odf (last checked 02/23/2023)
EWG2001. "Poisoned Playgrounds: Arsenic in 'Pressure-Treated' Wood," Environmental
Working Group, May 2001. https://www.ewq. org/research/poisoned-playqrounds (last checked
02/23/2023)
NIOSH 1997. "Protecting Workers Exposed to Lead-Based Paint Hazards," National Institute for
Occupational Safety and Health, Publication Number 98-112, January 1997.
https://www.cdc,gov/niosh/docs/9 (last checked 02/23/2023)
OSHA 2005. "OSHA Fact Sheet: Protecting Workers from Lead Hazards," Occupational Safety
and Health Administration, September 2005.
https://www.osha,qov/sites/default/files/publications/LeadHazards.pdf (last checked 02/23/2023)
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C&D Landfills in Indian Country
OSHA webpage: Lead: Evaluating Exposure and Controls, Occupational Safety and Health
Administration. https://www.osha.aov/Iead/evaluatina-controllina-exposure (last checked
02/23/2023)
RecycleNation 2013. "C&D Recycling: Latex Paint," Recycle Nation, Taz Loomans, August 22,
2013. https://recvclenation.corn/2013/08/c-d-recvclina-latex-paint/(last checked 02/23/2023)
UF News 2005. "Researchers: Treated wood poses long-term threat," University of Florida
News, December 23, 2005. httosJ/news.ufl.edu/archive/2005/12/researchers~treated-wood-
DOses-lonQ-term-threat.html (last checked 02/23/2023)
Waste360 2021. "Why MSW Landfills Reject C&D Fines and What's Happening to Them,"
Waste360, Arlene Karidis, September 29, 2021. https://www.waste360.com/c-and-d/why-msw-
landfills-reiect-cd-fines-and-whats-happenina-
il&utm campaign^lssue.%202021~09~
29%20Waste%20Dive%20Newsletter%20%5bissue:37012%5d&utin term=Waste%20Dive (last
checked 02/23/2023)
B.7.3 Waste Management Program Capacity Building
EPA webpage: Tribal Waste Management Program. https://www.epa.aov/tribal~lands/tribal~
waste-manaaement-proaram (last checked 02/23/2023)
EPA 2006. "Construction and Demolition Materials: Concrete Reasons to Manage Them Now!"
Tribal Waste Journal #5, June 2006.
https://nepis.epa.eov/Exe/ZYPDF.cei/P1005SQP.PDF7DockeY >P.PDF (last checked
08/16/2023)
EPA 2018. "Resource Conservation and Recovery Act (RCRA) Information for Tribes,"
EPA530-F-18-015, U.S. Environmental Protection Agency, November 2018.
https://nepis.epa,qov/Exe/ZvPDF,cai/P 100VUER.PDF?Dockev=P100VUER.PDF (last checked
02/23/2023)
EPA 2019. "Planning for Natural Disaster Debris," EPA530-F-19-003, April 2019.
https://www.epa.aov/sites/production/files/2019~05/documents/final pndd guidance O.pdf (last
checked 02/23/2023)
EPA 2021. "Developing and Implementing Codes and Ordinances on Tribal Lands," Tribal
Waste Journal #12, October 2021. https://www.epa.gov/svstem/files/documents/2021-10/iwt 12-
final-25oct2021-508.pdf (last checked 02/23/2023)
EPA handbook: "Community Engagement Strategy: Issues to Consider When Planning and
Designing Community Engagement Approaches for Tribal Integrated Waste Management
Programs." https://www.epa.gov/sites/defauit/fties/2017-
Q3ZdocumentsftribaiswcommunttvenQaQementstrateQv5Q8.pdf (last checked 02/23/2023)
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EPA webpage: Developing Tribal Waste Management Codes and Ordinances.
https://www.epa.gov/tribal~lands/developing~tribal~waste~management~codes~and~ordinances
(last checked 02/23/2023)
EPA webpage: National Tribal Waste Management Peer Matching Program.
https://www.epa.aov/tribal~lands/forms/national~thbal~waste~manaaement~peer~matchina-
program (last checked 02/23/2023)
B.7.4 General
C&D Recycling 2003. "Moving Forward: Recyclers and Generators of Scrap Gypsum Are
Attempting to Widen End Market," Construction & Demolition Recycling,
Timothy G. Townsend, May 2003. https://www.cdrecvcler.com/article/moving~forward/ (last
checked 02/23/2023)
CDILF 2009. "Report to Minnesota Legislature on Management of Industrial Solid Waste and
Construction and Demolition Debris in Land Disposal Facilities," Minnesota Construction and
Demolition and Industrial Landfill Work Group, January 15, 2009.
https://www.moqle.com/url?sa=t&rct=l&Q=&esrc=s&source=web&cd=&ved=2ahUKEwl2ldne5N
TzAhXToH!EHX3zCSEOFnoECAaOAO&url=https%3A%2F%2Fwww.pca.state.mn.us%2Fsites
%2Fdefault%2Ffiles%2Flm~sw~1sv09.pdf&usg=AOvVaw2g6Gcoo3Vz0b3TQF5PpSxm (last
checked 02/23/2023)
EPA 1994. "NPDES and Sewage Sludge Program Authority Program: A Handbook for Federally
Recognized Indian Tribes," EPA 833-B-94-004, U.S. Environmental Protection Agency,
July 1994. https://www3.epa.qov/npdes/pubs/owm0253.pdf (last checked 02/23/2023)
EPA 1998. "Solid Waste Disposal Facility Criteria: Technical Manual," EPA530-R-93-017,
U.S. Environmental Protection Agency, November 1993, revised April 1998. Download from
https://nepis.epa.gov (last checked 02/23/2023)
EPA 2004. "Local Limits Development Guidance," EPA 833-R-04-002A, Environmental
Protection Agency, July 2004. Download from
https://www3. epa.aov/npdes/pubs/final local limits outdance,pdf (last checked 02/23/2023)
EPA 2011. "Introduction to the National Pretreatment Program," EPA-833-B-11-001,
Environmental Protection Agency, June 2011. https://www.epa. gov/sites/default/files/2015~
10/documents/pretreatment program intro 2011.pdf (last checked 02/23/2023)
EPA 2012. "Data Gap Analysis and Damage Case Studies: Risk Analyses from Construction and
Demolition Debris Landfills and Recycling Facilities," EPA600/R-13/303, U.S. Environmental
Protection Agency, October 2012. Download from https://nepis.epa.gov, (last checked
02/23/2023)
EPA 2013. "Implementing Institutional Controls in Indian Country," U.S. Environmental
Protection Agency, Office of Site Remediation Enforcement, Office of Enforcement and
Compliance Assurance, November 2013. https://www.epa.gov/enforcement/handbook~
implementing~institutional~controls~indian~country (last checked 02/23/2023)
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EPA webpage: Authorization Status for EPA 's Construction and Industrial Stormwater
Programs, U.S. Environmental Protection Agency. https://www.epa.aov/npdes/authorization-
status-epas-construction-and-industhalstormwater-proarams (last checked 02/23/2023)
EPA webpage: NationalPretreatment Program, U.S. Environmental Protection Agency,
National Pollutant Discharge Elimination System (NPDES).
https://www.epa.aov/npdes/national-pretreatment-proaram (last checked 02/23/2023)
MPCA 2005. "Demolition Landfill Guidance," Water/Solid Waste #5.04, Minnesota Pollution
Control Agency, August 2005. https://www.pea.state.mn, us/sites/default/files/w-sw5~04.pdf (last
checked 02/23/2023)
SWANA webpage: Training & Certification, Manager of Landfill Operations (MOLO). Solid
Waste Association of North America (SWANA). https://swana.ora/trainina-certification/find-a-
course/course-cataloa/trainina-course/manaaer-of-landfill~operations~(molo) (last checked
02/23/2023)
Waste360 2011. "From Waste to Wetlands: Landfills, Wetlands, and the Story of The Ugly
Duckling," Waste360, Randy L. Vogel, November 10, 2011.
https://www.waste360.com/print/9584 (last checked 02/23/2023)
B.7.5 Closure & Post-Closure
EPA 2011. "Closing Small Tribal Landfills and Open Dumps: How to Design Environmentally
Safe Covers, Including Additional Design Guidance for Arid Regions," EPA909-R-11-007, U.S.
Environmental Protection Agency, 2011. Download from https://nepis,epa,gov (last checked
02/23/2023)
B.8 Roles and Policy
EPA 1984. "EPA Policy for the Administration of Environmental Programs on Indian
Reservations," U.S. Environmental Protection Agency, November 8, 1984.
https://www. epa. aov/Thbal/epa-policv-administration-environmental-proarams-indian-
reservations- 1984-indian-oolicv (last checked 02/23/2023)
NCAI2014. "Investing in Healthy Tribal Communities: Strengthening Solid Waste Management
through Tribal Public Health Law," Policy Insights Brief NCAI [National Congress of American
Indians] Policy Research Center, Summer 2014. https://www,ncai.ora/policv-research-
center/research-data/prc-publications/NCAI-SolidWasteManaaement,pdf (last checked
02/23/2023)
B.9 Siting
EPA webpage: Clean Water in Indian Country [source water protection program in Indian
Country], https://www.epa,aov/Tribal/clean-water-indian-countrv (last checked 02/23/2023)
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FEMA webpage: FEMA FloodMap Service Center [floodplain location: Federal Emergency
Management Act (FEMA) 100-year floodplain maps], httos J/msc. fema.gov/portal/home (last
checked 02/23/2023)
USACE 2021. "Silver Jackets Teams Well-Positioned to Reduce Flood Risk after Wildfire," In
the Spotlight, U.S. Army Corps of Engineers, accessed January 7, 2022.
https://www.iwr. usace.armv.mil/Missions/Flood-Risk~Manaaement/Flood-Risk~Manaaement~
Proaram/News-and-Events/ln-the-Spotliaht/SO CFR Part 17 (last checked 02/23/2022)
USACE webpage: Regulatory Program and Permits [U.S. Army Corps of Engineers Clean
Water Act Section 404 (wetlands discharge) permitting],
httos://www. usace.armv.mil/Missions/Civil~Works/Reaulatorv-Proaram~and-Permits/ (1 ast
checked 02/23/2023)
Waste360 2002, Lesson 5. "Evaluating a Potential Sanitary Landfill Site," Waste360,
Independent Learning Correspondence Course on Municipal Solid Waste Landfills, Lesson 5,
Patrick Walsh and Philip O'Leary, May 1, 2002.
httos://www. waste360.com/maq/waste evaluating potential sanitarvUcomment-0 (last checked
02/23/2023)
B.10 State Resources (as examples of management practices)
Arizona Department of Environmental Quality solid waste program: httoV/azdeg.gov/solidwaste.
Compliance Assistance resources: https://azdea.gov/comoliance assistance
Idaho Department of Environmental Quality 2019. "Guidance for Siting, Design, and Operations
of Non-Municipal Solid Waste Landfills in Idaho."
https://www2.dea.idaho.Qov/admin/LElA/aoi/document/download/14834 (last checked
07/20/2023)
Illinois Environmental Protection Agency. Land permits:
https://epa.Illinois.aov/tooics/forms/land-permits.html: Clean construction or demolition debris:
https://www2.illinois.gov/epa/topics/waste-management/waste~
disposalZccddZPagesfdefault.aspx; Landfills: https://epa.Illinois.gov/topics/forms/land-
permits/non~hazardous~waste.html: Waste management:
https://www2.illinois.gov/epa/topics/waste-management/Pages/default.aspx (last checked
04/10/2023)
Indiana Department of Environmental Management, Construction and Demolition Waste
program: https://www.in.gov/idem/waste/solid-waste/construction~and-demolition~waste/(\as\
checked 02/23/2023)
Indiana (329 IAC Article 10, Solid Waste Land Disposal Facilities,
httpJ/iac,iga.in.gov/iac//title329,html: 35 IAC 1100, Clean Construction or Demolition Debris Fill
Operations and Uncontaminated Soil Fill Operations,
https://www. tig a. go v/commission/icar/admincode/035/0350110Osections. html (last checked
02/23/2023)
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Kansas Department of Health and Environment solid waste program:
httos://www.kdhe.ks,aov/596/Solid- Waste-Program: Construction and Demolition Wastes and
Clean Rubble technical guidance document:
https://www. kdhe. ks, aov/DocumentCenterA/iew/5450/Construction~and-Demolition~ Wastes-and-
Clean-Rubble~SW~ 1994-G2-PDF: Waste Screening and General Operations at Construction &
Demolition Landfills technical guidance document:
httos://www. kdhe. ks. gov/DocumentCenterA/iew/5444/Waste-Screeninq-and-General-
Ooerations~at-Construction-and-Demohtion-Landfills~G-~~PDF?bidld~: solid waste statutes and
regulations: httos.//www.kdhe.ks.gov/660/Statutes~Regulations (last checked 04/11/2023)
Michigan Department of Environment, Great Lakes, and Energy solid waste programs:
https://www.michigan.gov/egk n/; solid waste statutes and
rules: https://www.michiaan.aov/eale/V,9429,7-135-3312 4123-9861-.00,html (last checked
07/20/2023)
Minnesota Pollution Control Agency waste planning and recycling:
https://www.oca.state.mn,us/air-water-land-climate/waste-planning-and-recvcling: permits and
regulations for waste and recycling: httos://www.pea.state.mn,us/business-with-us/waste-and-
recycling: materials and waste management: https://www.pea.state.mn,us/business-with-
us/materials-and-waste-management (last checked 02/23/2023)
Ohio Environmental Protection Agency Construction and Demolition Debris website:
httpsJ/www,epa,ohio.gov/dmwm/Home/C-DD: construction and demolition debris (C&DD)
disposal: https://epa.ohio.gov/divisions-and-offices/materials-and-waste-management/dmwm-
programs/construction-and-demolition-debris: Ohio Laws & Administrative Rules for C&D
debris: https://codes,ohio.gov/ohio-revised-code/chapier-3714 (last checked 02/23/2023)
Virginia Department of Environmental Quality solid waste facility requirements and guidance:
https://www.deg.virginia.gov/land-waste/solid-hazardous-waste/solid-waste/solid-waste-facilitv-
reguirements-and-guidance (last checked 02/23/2023)
Wisconsin Department of Natural Resources landfills website:
httos://dnr. Wisconsin.gov/iopic/Landfills: solid waste rules and statutes:
httos:ZZdnr, Wisconsin.gov/topic/Waste/Laws,html (last checked 07/20/2023)
B.11 Toxic Substances Control Act of 1976 (TSCA)
40 CFR Part 761. Code of Federal Regulations, Title 40, "Protection of Environment," Part 761,
"Polychlorinated Biphenyls (PCBs) Manufacturing, Processing, Distribution in Commerce, and
Use Prohibitions."
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Appendix C - Additional Guidance
This section provides additional guidance on operating the landfill in compliance with applicable
laws and regulations and in a manner that is protective of human health and the environment.
The information in this section follows the order the same topics are discussed in Sections 1
and 2 of this guide.
C.1 RCRA
This section has supplemental material for Section 2.2 of this guide.
All construction and demolition (C&D) landfills located in Indian country are subject to
enforcement in accordance with applicable provisions of the federal Resource Conservation and
Recovery Act (RCRA).
C. 1.1 Hazardous Waste
C. 1,1,1 Hazardous Wastes Unacceptable in a C&D Landfill
This section has supplemental material for Section 1.7 of this guide.
One of the most important considerations in determining whether a C&D landfill should be built
and how it needs to be operated is the waste types that will be placed in the landfill.
Under RCRA, hazardous waste constituents, including those listed here, should not be accepted
for disposal at C&D landfills (40 CFR 261.3) :
Examples of Hazardous Waste
• Ignitable wastes, such as paint thinners, • Spent solvents listed under RCRA
paints, paint, and varnish strippers, (hazardous waste codes F001, F002,
epoxy resins, adhesive degreasers, and F003, F004, & F005).
spent cleaning solvents . Discarded commercial chemical
• Corrosive wastes, including acids pH <2 products containing listed chemicals
or bases pH >12.5, such as rust under RCRA (hazardous waste codes P
removers, cleaning fluids, and battery & U).
ac'^s • Mercury-containing wastes, such as
• Reactive wastes (can explode), such as fluorescent bulbs, broken mercury
cyanide, plating waste, bleaches, and switches, batteries, or thermostats
waste oxidizers
Lead-based paints
Used oil and hydraulic fluid
Certain concentrations of toxic wastes,
such as materials containing metals
(such as mercury, cadmium, or lead) or * contaminated with toxic or
solvents (such as carbon tetrachloride or hazardous pollutants
methyl ethyl ketone) • PCBs (polychlorinated biphenyls)
• Asbestos-containing material
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C. 1.1,2 Wastes that Need Screening for Hazardous Constituents
To help tribes model and develop screening lists for their C&D landfills, this section gives
examples of items often brought to C&D landfills that need to be screened for possible
hazardous constituents before being accepted.
1. Electrical items - U.S. Environmental Protection Agency (EPA) policy recommends
against disposing of individual small PCB capacitors, small PCB capacitors contained in
fluorescent light ballasts, or untested fluorescent light ballast potting compounds as
municipal solid waste.
=> Used, nonleaking ballasts may be recycled even if they contain PCBs. Recycling
reclaims valuable metals, reduces the volume of solid waste sent to landfills, and
prevents toxic substances from being burned in an incinerator or buried in a landfill.
:=> If the items cannot be recycled, EPA encourages disposal of non-leaking fluorescent
light ballasts and small PCB capacitors at a Toxic Substances Control Act (TSCA)-
approved facility. These facilities include recyclers, landfills, and incinerators that
have EPA approvals to dispose of PCBs.
2. Asbestos-Containing Materials - The primary concern about asbestos-containing
material is when it exists in friable form. Friable means that the material can be crumbled
or crushed with hand pressure and is therefore likely to emit fibers. Asbestos-containing
material existing in nonfriable form and in good (undamaged) condition should present
no problems as long as it is left alone and maintained in good condition.
:=> Relation to demolition: In addition to considering disposal options for asbestos-
containing materials, Tribes should be aware that they need to notify applicable tribal
agencies and/or EPA Regional Offices before all demolitions, or before renovations
of buildings that contain a certain threshold amount of asbestos, per 40 CFR 61.145,
the standard for demolition and renovation.
EPA is responsible for verifying compliance with activities related to operators and
owners of demolition activity. EPA inspectors may coordinate enforcement with
credentialed /trained tribal staff as appropriate. Owners and operators must:
• Thoroughly inspect the affected facility for the presence of asbestos before
starting the demolition or renovation operation.
• Submit to EPA a notification of demolition and renovation before starting the
demolition or renovation operation
• Comply with all applicable procedures for asbestos emission control.
:=> Where asbestos is found: The following are examples of places in buildings where
asbestos might be found. Keep in mind that this list is not exhaustive, and that the age
of buildings is not a valid way to determine the presence of asbestos.
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• Exterior Surfaces - exterior walls and closed decks built with fire retardant
sheeting that looks like gray cardboard, cement asbestos board (usually light gray
in color) used as sheets for straight and lap siding or shaped to substitute for wood
shingles, roof felt or window putty
• Wall and Ceiling Insulation - loose blown-in (e.g., Zonolite) and batt insulation
(especially in homes built or remodeled between 1930 and 1950) found where
interior spaces need to be protected from outside temperatures, such as outside
walls and floor or roof/attic spaces between structural joists and rafters
• Floor Coverings - sheet vinyl (including the backing or underlayment), vinyl
tile, and adhesive
• Furnaces, Boilers, Heaters, and Piping - insulation blankets (the outside
covering or shell), door gaskets, duct insulation, and tape at duct connections of
furnaces and boilers; furnaces with asbestos-containing insulation and cement (the
material is white or gray in color and resembles plaster) generally installed in
older homes between 1920 and 1972; on and inside furnace ducts; insulation or
asbestos paper (which looks like corrugated cardboard) around steam and water
pipes, particularly at elbows, tees, and valves; cement sheets, millboard, and paper
frequently used as thermal insulation for protection of floors and walls around
woodstoves
• Interior Surfaces - sprayed-on or troweled-on surface material on wall and
ceiling surfaces acoustical tiles, textured paint, or heat reflectors (woodstoves)
• Electrical Equipment - materials in older lamp socket collars, electric switch
and receptacle boxes, liners for recessed lighting, backing for switchboard panels,
fuse boxes, and old-fashioned "knob & tube" wiring.
• Built-in Equipment - oven or dishwasher (in cabinet) units were often wrapped
in insulation blankets or sheets until the mid-1970s, water heaters, range hoods, or
clothes dryers
• Appliances - parts with asbestos-containing materials in refrigerators, freezers,
portable dishwashers, or ovens
3. Mercury-Containing Devices - Environmental exposures to mercury, particularly in its
highly toxic organic form, methylmercury, can result in harm to human beings and
wildlife. Mercury-containing devices that can be found in demolished structures include
the following:
• Fluorescent lamps
• Mercury lamps
• Metal halide lamps
• High pressure sodium lamps
• Thermostats and thermometers
• Mercury switches and relays
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• Neon lamps
• Float control switches
4. Chromated Copper Arsenate (CCA or Arsenic)-Treated Wood - Do not dispose of
CCA-treated wood in places where it may come into direct or indirect contact with
drinking water. Studies conducted by the University of Florida indicated the CCA-treated
wood has the potential to contaminate groundwater when disposed of in unlined landfills.
Studies are ongoing, and Florida is considering banning CCA treated wood from unlined
landfills. Likewise, CCA-treated wood should not be used to build tribal sweat houses or
boats for children or put in the mouth of a tribal member in the traditional process of
using wood strips to make baskets.
=> For additional information, refer to EPA's CCA webpage
(https://www.epa.Qov/inQredients-used-pesticide-products/chromated-arsenicals-
cca).
=> Random tests conducted by the Environmental Working Group in Washington, DC,
concluded that the amount of arsenic found on the surface of pressure-treated lumber
used widely for decks and play sets exceeds safe levels even after years of wear. On
February 12, 2002, lumber companies, in an agreement with EPA, said that after
December 2003 they no longer would use CCA, a powerful pesticide, to protect
lumber from decay and insect damage in residential settings. As part of the
agreement, EPA said it did not believe there was any reason for people to replace the
CCA-treated wood, which is used in an estimated 90% of outdoor wooden structures
such as decks, play sets, and picnic tables. CCA-treated wood may primarily be
disposed of in C&D landfills. However, state or local laws may be stricter than
federal requirements.
5. Lead and Lead Paint - According to the EPA, approximately three-quarters of the
nation's houses built before 1978 (approximately 64 million dwellings) contain some
lead-based paint (LBP), although lead-based paint is not used in new residential
construction. Lead is also a common component in C&D debris, found in roofs, cornices,
tank linings, and electrical conduits. Ongoing exposures to lead in the environment
present a health risk to too many people nationwide. Very low levels of lead in children's
blood have been linked to adverse effects on intellect, concentration, and academic
achievement (Refer to EPA's Fact Sheet: Draft Strategy to Reduce Lead Exposures and
Disparities in U. S. Communities, https://www.eoa.gov/svstem/files/documents/2d21-
11/finai 508 factsheet~drafi-strateav-to~reduce-~lead-exoosutre~and-disoarities~in~u.s.-
communities-november-2021.pdf). These materials may leach lead into the environment
if not properly managed. Soft solder, an alloy of lead and tin, is used in plumbing for
soldering joints, and has been banned from many uses in the United States.
:=> EPA defines residential LBP waste as waste containing lead-based paint, which is
generated as a result of activities such as abatement, rehabilitation, renovation and
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C&D Landfills in Indian Country
remodeling in homes and other residences. Residential lead-based paint waste
includes lead-based paint debris, chips, dust, and sludges.
:> Due to the high cost of LBP disposal, and to help accelerate its removal from
residences, EPA allows the disposal of residential LBP debris in C&D landfills. See
definitions of a municipal solid waste landfill unit in 40 CFR 257.2 and
40 CFR 258.2.
: > Landfill workers need to be protected from the hazards of working with lead paint.
The Occupational Health and Safety Administration (OSHA) webpage on controlling
and evaluating employee exposure to lead (httos://www. osha.gov/lead/evaluatina~
controlling-exposure) has information and links to OSHA fact sheets. The National
Institute for Occupational Safety and Health (NIOSH) report, Protecting Workers
Exposed to Lead-Based Paint Hazards, summarizes best practices for controlling
worker exposure and sampling for lead in the environment
(httosJ/www. cdc. gov/niosh/docs/98-112A.
What kinds of lead-based paint waste can C&D landfills accept?
Can Accept
Generated from a residence because
of abatements, rehabilitation,
renovations, or remodeling
Cannot Accept
Generated because of demolition or
deconstruction of a residence or is a waste
generated by the renovation or remodeling
of a commercial building
C.1.2 Surface Water Protection Requirements
This section has supplemental material for Section 2.2.3 of this guide.
Surface Water Regulations at 40 CFR 257.3-3 require compliance with certain provisions of the
Clean Water Act (CWA):
1. CWA Section 402: A facility shall not cause a discharge of pollutants into waters of the
United States that is in violation of the requirements of the National Pollutant Discharge
Elimination System (NPDES) under section 402 of the Clean Water Act, as amended.
2. CWA Section 404: A facility shall not cause a discharge of dredged material or fill
material to waters of the United States that is in violation of the requirements under
section 404 of the Clean Water Act, as amended.
3. CWA Section 208: A facility or practice shall not cause nonpoint source pollution of
waters of the United States that violates applicable legal requirements implementing an
areawide or statewide water quality management plan that has been approved by the EPA
Administrator under section 208 of the Clean Water Act, as amended.
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C.1.3 Groundwater Protection Requirements
C. 1.3.1 Compliance Management Practices for Groundwater Protection
This section has supplemental material for Section 2.2.4 of this guide.
C&D landfill owner/operators may implement several practices to protect groundwater under
RCRA. These practices can be implemented individually or in combination depending on site-
specific conditions:
1. Siting the Landfill - Tribes may comply with the federal requirements by locating their
C&D landfill in an area that does not present a threat to their underground drinking water
resources.
::::> Tribal source water protection program: The location of the tribe's present and future
underground drinking water sources may be found through the tribes' source water
protection program. The source water protection program is authorized under the
amendments to the Safe Drinking Water Act and outlines source water protection
plans to protect public health through protection of drinking water sources. For more
information about EPA's source water protection program in Indian country, please
visit https://www. em .go v/tribalwater.
::::> State regulations as models: Wisconsin and other states have location restrictions
that do not allow C&D landfills within 1,200 feet of any public or private water
supply well. Minnesota does not allow C&D landfills in areas with active karst
features and where the topography, geology, or soil is inadequate for protection of
groundwater.
2. Control of Stormwater to Prevent Ponding - Elimination or reduction of ponding
reduces the possibility that contaminants will be transported to the groundwater through
leachate.
3. Identification and Screening of Hazardous Waste - Reducing the amount of
hazardous waste in the C&D debris stream reduces the amount of hazardous constituents
in the leachate, thus reducing the risk of groundwater contamination.
4. Groundwater Monitoring and Corrective Action Program - Required by
40 CFR 257, Subpart B, for C&D landfills that accept and dispose of hazardous waste
from very small quantity generators, which should be considered in light of these
additional requirements and potential adverse environmental impacts. (Refer to
Section C. 1.3.2.)
C. 1.3.2 Groundwater Monitoring and Corrective Action Program Requirements
EPA has specific requirements for implementing a groundwater monitoring, assessment, and
corrective action program for C&D landfills that accept and dispose of hazardous waste from
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very small quantity generators. These requirements are documented in detail under
40 CFR 257.22 to 257.28. In general:
• Groundwater monitoring requirements include testing groundwater wells to determine
whether waste materials have escaped from the landfill.
• Corrective action provisions control and clean up landfill releases and achieve
groundwater protection standards.
C&D landfills that do not accept and dispose of hazardous waste do not have to comply with
these requirements. However, these regulations provide the minimum criteria for protection of
groundwater, so tribes may want to implement these requirements to ensure protection of their
underground drinking water resources.
C.1.4 Disease (Vector Controls) Requirements
This section has supplemental material for Section 2.2.6 of this guide.
EPA has many recommendations for compliance management practices to meet the RCRA
requirements to control disease vectors. Some of these include:
1. Cover the Landfill - EPA recommends that application of cover reduces access to waste
by most disease vectors. Application of six inches of compacted soil on the water
generally is sufficient to control vectors. The frequency of application varies depending
on requirements from each state and site-specific conditions.
2. Control Mosquito Exposure - Mosquitoes thrive in warm, protected, stagnant water. In
addition to tires, sources of stagnant water include low points and drainage ditches.
Mosquitoes serve as vectors for potentially fatal diseases in humans, such as West Nile
virus, eastern equine encephalitis, and dengue fever. Measures should be taken to control
worker exposure to mosquitoes, especially during active breeding seasons in areas prone
to these diseases. Recommended exposure control measures include:
• Wear long-sleeved shirts and pants, minimize exposed skin.
• Use insect repellant.
• Spray sites to control adult and larvae populations.
• Require workers to wear boots and gloves.
• Avoid accumulation of rainwater in tire piles by shredding tires.
• Identify medical facilities capable of treating bites and injuries.
C.1.5 Explosive Gases
This section has supplemental material for Section 2.2.8 of this guide.
Explosive Gas Requirements in 40 CFR 257.3-8(a): Federal regulations state that the
concentration of explosive gases generated by the C&D landfill shall not exceed 25% of the
lower explosive limit for the gases in facility structures (excluding gas control and recovery
components) and the lower explosive limit for the gases at the property boundary.
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Owner/operators of C&D landfills should be aware of the potential problems with explosive
gases at their facility so they may act as appropriate.
C. 1.5.1 Gases Common in C&D landfills.
C&D landfill gas composition consists largely of:
• Hydrogen sulfide (H2S)
• Methane (CH4)
• Carbon dioxide
• Nitrogen
• Oxygen
Of these, hydrogen sulfide and methane pose the greatest potential health threat to onsite
workers and residents in surrounding areas.
The amount of landfill gas generated and its characteristics will depend on the amount of organic
material (wood, vegetative debris, etc.) present.
A landfill gas problem unique to C&D landfills is odor problems from hydrogen sulfide due to
decomposition of gypsum wallboard under moist and anaerobic conditions.
C. 1.5.2 Sources of Gases in C&D Landfills
1. Hydrogen sulfide (H2S) - H2S gas is an extremely toxic gas with a low odor threshold
and a pungent (rotten egg) odor. This gas also is a flammability hazard, with a flammable
range of 4% (lower explosive limit) to 45% (upper explosive limit). The vapor density of
H2S is greater than air, which means it may accumulate in low-lying areas and may travel
a considerable distance to an ignition source.
Pulverized gypsum dry wall has been identified as the major contributor for H2S gas
production and emission in landfill environments. Gypsum is composed of calcium
sulfate dehydrate (CaS04*2H20) and is the major component of drywall. Drywall
consists of 90% gypsum and 10% paper. When wetted, the sulfate in the drywall
dissolves into solution. H2S gas is generated because of a series of reactions that
biologically reduce the sulfate leached from pulverized gypsum board under anaerobic
(absence of air) conditions like those prevalent at many C&D landfill sites. Under these
anaerobic conditions, sulfate-reducing bacteria produce H2S gas from the sulfate (SO4"2)
in pulverized gypsum and the organic carbon waste materials.
2. Methane (CH4) - Methane is considered an asphyxiant at extremely high concentrations
and can displace oxygen in the blood. OSHA has no permissible exposure limit for
methane, but NIOSH's maximum recommended safe methane concentration for workers
during an 8-hour period is 1,000 parts per million (ppm) (0.1%).
Landfills are the largest human-related source of methane in the U.S., accounting for 34%
of all methane emissions. CH/ds generated in landfills and open dumps as organic waste
decomposes under anaerobic (without oxygen) conditions. The amount of methane
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created depends on the quantity and moisture content of the waste and the design and
management practices at the site. C&D landfills generally have less organic waste than
municipal solid waste landfills and produce less methane.
C. 1.5.3 Compliance Management Practices to Prevent Odors and Explosive Levels of Explosive
Gases
The following are considerations for best management practices for site safety when dealing with
such material.
Prevention and control of H2S and methane gas may be achieved through implementation of an
effective detection, monitoring, and control program at the facility boundary and to protect onsite
workers, with a focus on H2S gas and methane. For detection of these gases, especially methane
(since it is odorless), the best methods to identify and quantify them use:
• Direct-Reading Instruments: There are several combustible gas meters on the market
that are suitable for this application. The standard instruments will measure %Oxygen,
percent lower explosive limit (%LEL), and %Toxicology. The lower explosive limit
represents the lowest concentration a combustible gas can be before it explodes when it
meets fire. A fire needs at least 16% oxygen in the air before igniting. Percent toxicology
measures the presence of a toxic substance.
• Human Sense of Smell (for H2S gas): Humans' sense of smell can be used as an early
detection method for H2S gas because of its strong odor.
Onsite workers should be trained to:
=> Be familiar with explosive gases such as hydrogen sulfide and methane.
=> Operate direct-reading instruments.
=> Recognize operational conditions that may produce explosive levels.
Once detected, H2S gas and methane may be controlled as follows:
=> In general, H2S gas can be effectively controlled if the C&D debris containing gypsum
wallboard debris is kept dry and covered. This can be achieved by implementing surface
and stormwater management practices and the application of intermediate cover.
=> Once detected, methane may be controlled by the installation of passive and/or active
gas collection and treatment systems:
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•Vent walls
•Vent/barrier trenches
•Building protection
Passive
Systems
•Extraction wells
•Horizontal extraction
pipes
•Extraction trenches
•Air injection wells
•Building protection
=> Active gas collection and recovery systems, if properly designed, can collect and treat
the effluent gas and effectively reduce H2S gas and methane emissions at C&D debris
landfills. However, due to the high capital, operations, and maintenance costs, active gas
collection systems may be considered as one of the last control options to be
implemented at a given site. (Note: If such a system is put into place, the owner and
operator may want to consult a qualified professional engineer to design and construct
the system.)
C.1.6 Fires
This section has supplemental material for Section 2.2.8 of this guide.
Fire Requirements in 40 CFR 257.3-8 (b): Federal requirements state that a C&D landfill shall
not pose a hazard to the safety of persons or property from fires. Landfill fires are complex and
present an immediate threat to public health and the environment. Preparations against them
must be taken. Landfill fires can be caused by hot (on fire, smoldering, toxic) loads, equipment,
smokers, etc. Components of a C&D landfill that include wood, plastic, or dry vegetation are
highly flammable.
There are two types of landfill fires:
1. Surface fires in general involve recently buried or uncompacted waste generally surface
to 1 foot in depth. These fires generally burn at low temperatures and emit dense, white
smoke that can have irritating agents such as organic acids. The burning zone temperature
can be high if tires or plastics are burning. High temperatures cause breakdown of
volatile compounds that emit dense black smoke. These can be caused by accidental hot
(on fire, smoldering, toxic) loads or discarded cigarettes.
2. Subsurface fires occur deep below the landfill surface (i.e., 40 feet) and involve
materials months or years old. They are more difficult to extinguish than surface fires and
are often detected by smoke or a smoldering odor emanating from a portion of the
landfill. Subsurface fires produce flammable and toxic gases (such as carbon monoxide
(CO)) at levels more than 1,000 ppm. Their most common cause is increased oxygen
content of the landfill, which increases bacterial activity and raises temperature.
Subsurface landfill fires can create many types of life-threatening conditions. These
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conditions must be communicated to all site personnel and anyone who is involved in the
project.
Site hazards associated with landfill fires may include slips, trips, falls, confined space issues,
carbon monoxide, toxic gas exposures, possible cave-ins due to void spaces, and burns from the
elevated temperatures.
Workers should be careful when approaching burn sites. If the area has been burning for a while,
the subsurface burn zone can undercut the surface. Under such a condition, vehicles and people
may fall into these holes. Safety protocols and considerations related to subsurface landfill fires
should be implemented for site workers.
C, 1,6,1 Best Management Practices to Prevent and Respond to Landfill Fires
EPA recommends the following best management practices to prevent and respond to landfill
fires:
1. Prevention - The facility may adopt following recommended practices for the
prevention of landfill fires:
:=> Enforce the ban on the practice of open burning, as required under EPA regulations,
40 CFR 257.3-7(a).
:=> Exercise good compaction practices (daily or as needed).
=> Apply intermediate (daily, weekly, etc.) cover.
=> Implement good procedures for screening hot (on fire, smoldering, toxic) loads.
=> Have access to fire extinguishers and other firefighting equipment on site to control
accidental fires and make arrangements with the local fire protection agency to
acquire its services when needed.
=> Prepare a Contingency/Emergency Plan. This document sets out an organized,
planned, and coordinated course of action to be followed in case of a fire, explosion,
or other accidents that releases toxic chemicals, hazardous wastes, or materials that
threaten human health and the environment.
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2. Response - The facility may adopt the following recommended practices for the
response to landfill fires and other hazards:
=> Contingency/Emergency Plan - The following factors should be considered and
addressed in the plan:
facility
Media Location of
communication population
Evacuation
procedures
Funding
emissions
Environmental
impact
=> The Plan should also include contact information for:
• The Fire Department
• Other landfills
• Local and state Health Department
• State EPA
• U.S. EPA
• Private consultants
=> In case of an emergency, to request assistance from the EPA please contact:
US EPA Emergency Response, National Response Center: 1-800-424-8802
3. Resource - The California Department of Resources Recycling and Recovery
(CalRecycle) has published guidance on how to prevent and respond to landfill fires:
=> httosJ/www. cat recycle, ca. gov/swfacilities/fires/Iffiresguide
=> The information in this guidance is relevant to C&D landfills except for references to
gas collection systems, which are not typically found in C&D landfills.
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C.1.7 Bird Hazards to Aircraft Requirements
This section has supplemental material for Section 2.2.8 of this guide.
Bird Hazard Requirements in 40 CFR 257.3-8(c): According the federal regulations, a C&D
landfill that disposes of putrescible wastes that may attract birds and that is located within
10,000 feet of any airport runway used by only piston-type aircraft shall not pose a bird hazard to
aircraft. This requirement only applies if the facility is disposing of putrescible waste such as
waste able to rot quickly enough to cause odors and attract flies, such as kitchen wastes or dead
animals. Such wastes are decomposed by microorganisms with sufficient speed to create
nuisance odors and/or gases.
To comply with this requirement, owner/operators may consider locating a C&D landfill that
dispose of putrescible wastes beyond 10,000 feet from any airport runway.
C&D landfills that do not accept putrescible wastes do not have to comply with this requirement.
C.1.8 Access (Site Security) Requirements
This section has supplemental material for Section 2.2.8 of this guide.
Access Requirements in 40 C.F.R. Part 257.3-8(d): According to federal regulations, a C&D
landfill shall not allow uncontrolled public access so as not to expose the public to potential
health and safety hazards at the disposal site.
States have regulations to comply with this requirement. Tribes might consider these as examples
of how states have complied with the federal requirements.
• For example, Wisconsin requires that access be restricted using fencing, natural barriers,
or other approved methods. In addition, a gate is required at the entrance to the operation
and is to remain locked when the operator is not on duty.
EPA recommends the following measures to limit access of unauthorized persons to disposal
facilities:
1. Gates - Access to facilities may be controlled through gates that can be locked when the
site is unsupervised. Gates may be the only additional measure needed at remote
facilities.
2. Fences, trees, hedges, berms, ditches, and embankments - Chain link, barbed wire
added to chain link, and open farm-type fencing are examples of fencing than may be
used.
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C.2 Clean Water Act (CWA)
RCRA requires C&D landfills to comply with some provisions of the Clean Water Act (CWA).
This section has supplemental information about complying with the CWA for Sections 2.2.3
and 2.3 of this guide.
C.2.1 National Pollutant Discharge Elimination System and Stormwater Management
Under RCRA, C&D landfills shall not cause:
• a discharge of pollutants into waters of the United States that is in violation of the
requirements of the National Pollutant Discharge Elimination System (NPDES) under
Section 402 of the CWA
• nonpoint source pollution of waters of the U.S. that violates applicable legal requirements
implementing an area-wide EPA-approved water quality management plan under
Section 208 of the CWA
This section has information about complying with CWA Sections 402 and 208, especially
related to stormwater management.
1. NPDES Permits (CWA Section 402) - The NPDES permit program controls water
pollution by regulating point sources that discharge pollutants into waters of the United
States. Since its introduction in 1972, the NPDES permit program is responsible for
significant improvements to our nation's water quality.
:=> Point sources are discrete conveyances, such as pipes or artificial ditches.
=> Industrial, municipal, and other facilities, such as C&D landfills, must obtain permits
if their discharges go directly to U.S. surface waters.
• Individual homes that are connected to a municipal system, use a septic system, or
do not have a surface discharge do not need an NPDES permit.
:=> The EPA works with tribal governments to develop and issue NPDES permits to
applicable facilities, including landfills.
:=> In most cases, the NPDES permit program is administered by authorized states.
(Refer to EPA's NPDES State Program Authority webpage at
httos://www. eoa. Qov/nodes/nodesstate-Droaram-authohtv.)
::::> EPA's NPDES website: https://www.eoa.gov/nodes
2. Nonpoint Source Pollution (CWA Section 208): CWA Section 208 requires tribes to
assess damages to water quality from nonpoint source pollution and to develop and
implement programs to control them.
:=> Nonpoint source pollution generally results from land runoff, precipitation,
atmospheric deposition, drainage, seepage, or hydrologic modification. As the runoff
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moves, it picks up and carries away natural and human-made pollutants, finally
depositing them into lakes, rivers, wetlands, coastal waters, and ground waters.
::::> Requirements for tribes - In establishing nonregulatory nonpoint source pollution
programs as required under Section 208, tribes were required to develop best
management practices for the major land uses. In 1987, Congress added Section 319
to the CWA to enable tribes to address the problems caused by nonpoint source
pollution. This established baseline requirements for state and territorial nonpoint
source management programs and authorized national funding to support
implementation of approved management programs.
:=> 319 Grants - Grants under Section 319(h) of the Clean Water Act are the principal
source of EPA funding dedicated to nonpoint source control. Tribes who receive
319 Grants (httpsJ/www.eoa.gov/nos/319-grant-reDorts~and-Droiect-summaries) must
write a nonpoint source assessment report and a nonpoint source management plan.
• The nonpoint source assessment report describes existing and potential
nonpoint-source-related water quality problems on tribal lands, using existing
water quality data. The report identifies the nature, extent, and effect of nonpoint
source pollution and the causes of such pollution. It should also describe existing
programs and methods used for controlling the pollution. This report must be
approved by the appropriate EPA Region.
• The nonpoint source management plan describes how the tribe intends to correct
and/or prevent the existing and potential nonpoint source problems identified in
the assessment report over the four fiscal years following submission of the
program. The management program must also be approved by the appropriate
EPA Region.
=> Owners and operators of C&D landfills should be aware of their tribe's nonpoint
source management plan and implement actions as appropriate.
:=> For more information about EPA's and tribes' nonpoint source programs:
• Handbook for Developing and Managing Tribal Nonpoint Source Pollution
Programs: httDs://www.epa.aov/tribal/handbook~develoDina-and-manaaina-tribal~
nonDoint-source-Dollution-DroQrams-under-section-S 19
• EPA Regional contacts for nonpoint source pollution programs:
httos://www.eDa.gov/nDs/contacts~nonDoint~source~nDS~Dollution~Droarams
• EPA website on nonpoint source pollution: https://www.eoa.aov/nos/basic-
information-about-nonDointsource-nos-Dollution
Stormwater Management for NPDES Permits and Nonpoint Sources - Stormwater
may leave a C&D landfill from either or both human-made conveyances (such as pipes or
ditches) and runoff. Therefore, stormwater management can help a tribal C&D landfill
meet the requirements of CWA Sections 402 and 208.
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:=> NPDi mits: Stomiwater discharges for C&D landfills may be regulated under an
NPDES storm water general permit associated with industrial activity. These permits
require the use of best management practices. A storm water pollution prevention
plan (SWPPP), incorporating those best management practices, must be developed
and implemented. SWPPPs typically focus on identifying and implementing
appropriate measures to reduce pollutants in stormwater discharges from the facility
and to ensure compliance with the terms and conditions of the general permit. For
more information, please refer to:
• Authorization status for EPA's construction and industrial stormwater programs:
https://www.epa.aov/npdes/authohzation-status~epas~construction-and-industhal'
stormwater-proarams
• NPDES and Sewage Sludge Program Authority Program: A Handbook for
Federally Recognized Indian Tribes:
https://www3. epa.gov/npdes/pubs/owm0253. pdf
:=> Setbacks: State agencies such as Minnesota Pollution Control Agency do not allow
C&D landfills within 1,000 feet from a lake and 300 feet from a river, stream, or
creek. Wisconsin does not allow C&D disposal activities within 1,000 feet of any
navigable lake or pond. Tribes may consider these types of setbacks to help gain
compliance with the federal surface water requirements and/or reduce their costs for
controlling storm water at their C&D landfill.
::::> Best Management Practices: The following list offers recommendations for best
management practices for stormwater management in C&D landfills, from design to
operations. These recommendations are from the State of Ohio's C&D training
resources. (Refer to https://epa.ohio.aov/divisions-and~offices/matehals-and-waste~
manaaement/auides~and-manuals/construction-demolition-debhs~auidance.)
• Provide appropriate drainage and site grading:
¦ Convey water to slope benches and terraces.
¦ Use slope let-downs (pipe or channel slope drains).
¦ Use perimeter collection ditches and swales.
¦ Maintain consistent slopes.
¦ Ensure minimum infiltration or water through cover soils and cap.
¦ Keep drainage structures in good repair.
• Provide erosion and sediment controls to preserve existing natural conditions as
feasible and provide cover over disturbed soils and achieve stabilization:
¦ Temporary/permanent seeding to put vegetative cover over inactive areas
¦ Mulching, matting, buffer strips
¦ Construction phasing to minimize disturbed areas
¦ Prevention of erosive flows using rock check dams, erosion control matting,
riprap lining, slope drains
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¦ Control of sheet flow run-off with silt fencing and/or diversions
• Reduce run-on from adjacent lands and control run-off from landfill.
• Control sediments in stormwater by using controls such as sedimentation basins.
• Eliminate standing/ponding water and depressions.
C 2 2 Landfill Construction and Wetlands
Under RCRA, C&D landfills shall not cause:
• discharge of dredged or fill material to waters of the United States that is in violation of
the requirements under Section 404 of the CWA.
This section has information about complying with CWA Section 404, especially related to
wetlands.
1. Section 404 Permits - CWA Section 404 requires a permit before dredged of fill
material may be discharged into waters of the United States, including wetlands. For
tribes that have not assumed Section 404 of the CWA, the U.S. Army Corps of Engineers
(USACE, the Corps) is the federal permitting authority. EPA is responsible for reviewing
proposed permits.
=> Under Section 404 of the CWA, individual permits include Standard Individual
Permits, and general permits include Nationwide Permits and Regional General
Permits. The Corps determines which type of permit is needed. A Department of the
Army permit can include authorization under Section 10 and/or Section 404.
=> The Corps strongly recommends a pre-application meeting for major projects. During
a pre-application meeting, tribes can discuss the project with the Corps and other
regulatory and natural resource agencies.
:=> EPA is responsible for reviewing and providing comments on the proposed
Section 404 permits. EPA and the Corps are responsible for ensuring that Section 404
permits are obtained where required and complied with.
:=> EPA Regions will work with interested tribes to explore the feasibility of assisting
with Section 404-related inspection activities.
2. Wetlands - Construction of a C&D landfill may cause dredged or fill material to be
discharged into wetlands. EPA believes that locating a new landfill in wetlands should be
done only where there are no less-damaging alternatives available.
=> Tribes should consider locating new C&D landfills in areas where wetlands will not
be damaged.
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=> As examples, several states have regulations that prohibit an owner or operator from
establishing solid waste management facilities within a wetland (Florida, Minnesota,
etc.).
:=> For more information about wetlands and Section 404 of the CWA:
• EPA's Wetlands Protection and Restoration webpage:
http://www. eoa. a o v/owow/we Hands/
• Corps of Engineers Wetlands Delineation Manual:
hiips'J/www, Irh. usace. army, mil/Portals/38/docs/USA CE%2087%20Wetland%20D
elineation%20Manual,odf (last checked 07/20/2023)
• USACE regulatory program and permits:
httos://www. usace.armv.mil/missions/civil-works/reQulaton/-DroQram~and-Dermits/
• EPA Wetlands fact sheet series: https://www.epa.gov/wetlands/wetlands-
factsheet-sehes
C.3 Clean Air Act (CAA)
This section has supplemental information about complying with the CAA for Section 2.4 of
this guide. Tribes or owner/operators in Indian country interested in a C&D facility should be
aware of the permit requirements under the Clean Air Act, which include:
• A Title V operating permit in accordance with 40 CFR Part 71
• A New Source Review Construction permit under 40 CFR 52.21 if emissions due to the
construction of the facility will exceed significant thresholds
C.3.1 Compliance Management Practices for Air Requirements
Open burning of solid waste is banned at all permitted solid waste disposal facilities.
Compliance with this requirement in Indian country would be accomplished by establishing and
implementing a ban on open burning of C&D debris at the facility (per 40 CFR 257.3-7).
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Appendix D - Closure and Post-Closure Compliance Management
Practices at Construction and Demolition (C&D) Landfills in Indian
Country Region 5
D.1 Introduction
This appendix is derived from an earlier, separate study on best practices for construction and
demolition (C&D) landfill closure in Indian country in EPA Region 5.
D.1.1 Background
Since 1984, it has been the U.S. Environmental Protection Agency's (EPA's) policy to strive to
assure compliance with environmental statutes and regulations on Indian reservations. EPA's
fundamental objective is to protect human health and the environment. One of the waste
management practices conducted on Indian reservations is the use of C&D debris landfills (C&D
landfills). These landfills are subject to the federal solid waste management regulations under
Title 40 of the Code of Federal Regulations (40 CFR) Part 257, "Criteria for Classification of
Solid Waste Disposal Facilities and Practices." Landfills that fail to meet these requirements
would be considered "open dumps."
Best management practices described in this document are intended to help the owners/operators
close their C&D landfills in a manner that protects human health and the environment in
compliance with applicable federal regulations. Since closure and post-closure of C&D landfills
are not covered in 40 CFR Part 257, this document describes best management practices that are
drawn from the closure and post-closure requirements applicable to municipal landfills in
40 CFR 258.60 and 258.61. While these regulations are stricter than what would generally be
required for C&D landfills, they provide a guide to actions owners/operators could take in
closing a C&D landfill. As further reference material, this document also includes C&D landfill
closure and post-closure regulations from EPA Region 5 states. While such state regulations
generally do not apply in Indian country, these rules may also provide additional guidance to
considerations applicable to C&D landfills. There are many similarities between federal
municipal landfill closure and post-closure requirements and these state C&D closure and post-
closure requirements. As such, this document provides, for informational purposes only, a guide
to the closure and post-closure of C&D landfills.
Section D.8 (Attachment I) includes a working list of examples of C&D landfill closure and
post-closure requirements established by the states in Region 5. There are very few examples of
tribal regulations associated with the closure of landfills, and no examples could be found for the
closure of C&D landfills. The Rosebud Sioux Tribe Law and Order Code, Title 19,
"Environmental Protection," addresses the closure of landfills (Section 19-7-112), defined as "a
disposal facility or part of a facility at which solid waste is permanently placed in or on land."
The Cherokee Nation of Oklahoma (Cherokee Nation Administrative Procedure Act, Title 27,
Chapter 6, Section 613) and Turtle Mountain Band of Chippewa Indians of North Dakota (Tribal
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Code, Title 40, Chapter 40.13) address disposal site closure plans and reference 40 CFR Part
258, "Criteria for Municipal Solid Waste Landfills." In most cases, tribal regulations defer to
40 CFR Part 257 or Part 258 for landfill regulations. Tribes that do so include the Northern
Cheyenne Tribe, Pit River Tribe, Sisseton Wahpeton Oyate of the Lake Traver Reservation,
Suquamish Tribe of the Port Madison Reservation, the Poarch Band of Creek Indians, and
Tohono O'Odham Nation.
D.1.2 Incorporating Resiliency into Closure and Post Closure Planning
Additional consideration should be given to climate adaptation (or resilience) in the operation
and closure of C&D landfills. This document includes such considerations throughout. EPA
issued its first policy statement on climate change adaptation in June 2011. Subsequently, EPA
released the U.S. Environmental Protection Agency Climate Change Adaptation Plan (EPA
Publication No. 231R21001, issued October 2021). In October 2019, EPA updated its Climate
Resilience Technical Fact Sheet: Contaminated Waste Containment Systems (EPA 542-F-19-
004). In the fact sheet, EPA has provided a useful definition of "resilience" (p. 1): "A capability
to anticipate, prepare for, respond to, and recover from significant multi-hazard threats with
minimum damage to social well-being, the economy, and the environment." As noted in the fact
sheet, climate resilience planning for a waste containment system generally involves:
• assessing vulnerability of the system's elements and associated site infrastructure,
• evaluating measures potentially increasing the system's resilience to a changing climate,
and
• assuring the system's capacity to adapt to a changing climate, which helps the cleanup
remedy continue to be protective of human health and the environment.
Climate change can result in changes in precipitation, ambient temperatures, wind speeds, and
solar radiation at a site. Examples of potential hazards related to climate change associated with
C&D landfills include high floodwater, soil washout in sloped areas, and unexpected changes in
the water table. Drought conditions could cause soils to dry out. Areas that historically
accumulated seasonal snowpack could experience a shift from snow- to rain-dominated
precipitation events and associated flooding. These hazards could arise due to extreme weather
events or over a longer period.
As a result, the approach to climate change and resilience needs to be addressed on a site-by-site
basis. A site's location and attributes, including the hydrogeologic characteristics of the site and
the local or regional climate and weather regimes, will determine the impact of these hazards.
Therefore, assessing a waste containment system's vulnerability to the effects of climate change
involves (1) determining the system's exposure to climate or weather hazards (and which
conditions may change at a site) and (2) determining the system's sensitivity to those hazards
(and how the altered conditions may affect the system's design).
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D.2 Closure Plan
There are no federal regulations prescribing that C&D landfills establish closure plans. However,
federal regulations for municipal solid waste landfills require a written plan detailing how the
owner or operator will carry out closure. These regulations may provide useful considerations if
tribes and states wish to create such regulations for C&D landfills. For instance, not all EPA
Region 5 states require a written plan, but those that do often specify this requirement as part of
the facility's permit application and expect it to be kept updated. Wisconsin C&D regulations in
Wisconsin Administrative Code Chapter NR 500 do not require written plans for small facilities,
and Ohio C&D regulations {Ohio Admin. Code 3745-400 (2015)) require a written plan strictly
for the final cap design. Minnesota C&D regulations {Minnesota Administrative Rules 7035.2825
(2006)) do not require plans for smaller facilities that fall in an automated permit category
because they abut other similarly small facilities; however, all other facilities require a written
plan (refer to Section D.8 - Attachment I).
D.2.1 How Unit Will Be Closed
The closure plan should describe the cover (refer to Section D.4 of this document for guidance
on types of covers appropriate for C&D landfills) and how it should be installed over any units
while the facility is active. It should include estimates of the (1) largest facility area covered
while the facility was still operational; (2) types of debris and the maximum amounts of each
type; and (3) schedule to carry out closure activities (40 CFR 258.60(c)).
State regulations provide useful considerations for elements to include in C&D closure plans,
including (1) maps, (2) engineering drawings, (3) closure cost estimates, and (4) post-closure
operation and maintenance plans.
D.2.2 How Final Closure Will Be Achieved
Tribal owners/operators may wish to consider the characteristics of their C&D landfill to develop
appropriate methods and activities to achieve final closure. Final closure is accomplished when
the landfill is no longer receiving waste and has been closed. The two approaches to performing
closure are (1) to remove all contents of the landfill and achieve "clean closure" or (2) to leave
the waste in place ("landfill closure") and provide a cover for the landfill as well as all the items
necessary to manage and monitor the landfill during the post-closure period (a groundwater
monitoring system, grading to minimize cover erosion, and any applicable leachate or gas
management/monitoring systems). Careful consideration should be given to leaving the waste in
place, and the environmental setting (e.g., location and quality of groundwater) should be
considered in making this decision. Additional examples are the production of leachate when the
landfill contains waste with hazardous constituents (e.g., petroleum products such as asphalt-
related materials) or reactive anaerobic production of hydrogen sulfide from gypsum.
D.2.3 Description of Type and Volume of Waste
Municipal solid waste landfill closure plans include an estimate of the maximum inventory of
waste over the landfill's active life (40 CFR 258.60(c)(3)). The specifics of this estimate, in
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terms of how the inventory describes the contents of the site, is left to the discretion of the
owner/operators. Therefore, tribal owners/operators may wish to consider current C&D landfill
content and volume to determine potential impacts on future closure plans.
D 2 4 Closure Methods and Activities
Tribal owners/operators may wish to include in their C&D landfill closure plans information on
all activities and methods to be employed in the closure process. For example, closure of a
municipal landfill typically includes, but is not limited to, notifying users of the closure,
constructing the final cover and associated resiliency controls, and placing a deed notice.
Sections D.3 through D.5 of this document provide details on federal requirements and examples
of state requirements for these activities in relation to both C&D and municipal waste landfills.
For municipal solid waste landfills, federal regulations require owners/operators to provide the
methods used to install the final cover and descriptions of other closure activities (actions
required for closure) (40 CFR 258.60(c)(1)).
D 2 5 Closure Schedule
Tribes may wish to establish regulations requiring a timeline to complete C&D landfill closure
activities. For example, federal regulations require municipal solid waste landfills to complete
closure activities according to the closure plan within 180 days following the beginning of the
closure, although this period may be extended based on demonstrated need (40 CFR 258.60(g)).
D 2 6 Emergency Debris
Tribal owners/operators may wish to include emergency debris management in the closure plan.
For example, during the closure period, federal regulations allow municipal solid waste landfills
to receive additional waste upon the approval of an approved state if the owner or operator has
shown that the landfill has the capacity to receive those wastes and steps have and will be taken
to prevent threats to human health and the environment (40 CFR 258.60(f)). As with normal
operations, the characteristics of the debris should be evaluated before disposing of it to ensure it
will not present a threat to human health or the environment.
Such emergencies may include destruction related to climate change, for example, from more
flooding events of increased magnitude. Ensuring that there is room in the closing C&D landfill
to accept emergency debris may support the surrounding community's efforts to improve its
resiliency. It may also mitigate issues of illegal dumping sites or improper debris management.
Additionally, preemptive planning for emergency debris in the closure plan may provide a viable
foundation for addressing the issue during post-closure care.
D.3 Notification of Intent to Close
Tribes regulating C&D landfills may wish to consider whether to require owners/operators to
provide a notification of an intent to close. Under federal requirements for municipal solid waste
landfills, the first step to closure is a notice to the relevant state agency that a notice of closure
has been placed in the operating record (40 CFR 258.60(e)). The timing of this notice is keyed
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from the final receipt of waste and can vary from 30 days to a year or more. Such notice provides
an important opportunity for planning for closure (40 CFR 258.60(f)).
For example, Illinois considers a facility to have completed filling 30 days after receiving its
final load of debris or fill (or no later than 1 year after the most recent receipt of debris or fill)
(35 Illinois Administrative Rules (IAC) 1100.208(a)) and then requires written notification within
30 days of that event (35 IAC 1100.412(a)). Minnesota and Ohio require C&D landfill
owners/operators to provide written notice to the appropriate state director at least 90 days ahead
of when the owners/operators expect to start closure activities (Minnesota Administrative Rules
7035.2825(5), Ohio Administrative Code 3745-400-12(C)). Accordingly, as tribes consider
whether or how to set up closure notification procedures, they may wish to consider the types of
issues, applicable ordinances and other requirements, and timing for preparing for closures that
may be necessary to close C&D landfills on the tribe's lands.
D.4 Cover Guidance
D.4.1 Thickness and Material Considerations
Many states provide for C&D landfill cover requirements similar to those prescribed by federal
cover requirements for municipal solid waste landfills. For municipal solid waste landfills,
federal regulations require owners/operators to close their landfill with natural earthen subsoil
material and liners to meet permeability, infiltration, and erosion minimization parameters. These
regulations provide for a native vegetative cover rooted in at least 6 inches of vegetation-
sustaining topsoil over at least 18 inches of compact, fine grain clay-or-silt-like soil over a liner
(40 CFR 258.60(a)(l)-(3)).
Examples of such cover requirements may include specifying materials (clay, topsoil),
appropriate plants, and preventing erosion. Other considerations are described below.
D.4.2 Permeability & Infiltration
Tribes that have not already established such regulations may wish to add permeability as a
factor in C&D landfill regulation. Some states have prescribed liner requirements and have
chosen to include thickness, soil compaction rates, and permeability considerations in their
regulations for C&D landfills. For municipal solid waste landfills, federal regulations require
owners/operators to choose liner material or well-compacted natural subsoil that has a
permeability no greater than 1 x 10"5 centimeters per second and, if possible, is less than or
matches the permeability of the bottom liner (40 CFR 258.60(a)(1)). Equivalent protection may
be approved (40 CFR 258.60(b)(1)).
There are no C&D landfill regulations that cover infiltration minimization. Federal regulations
for municipal solid waste landfills require owners/operators to establish an infiltration layer with
at least 1.5 feet of earthen material (40 CFR 258.60(a)(2)) or a layer of equivalent infiltration
(40 CFR 258.60 (b)(1)), with variations depending on size and complexity of the landfill.
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D 4 3 Erosion Consideration
Erosion control for landfills is generally achieved by using vegetation to hold cover soils in
place. Therefore, federal regulations require municipal solid waste landfill owners/operators to
close their landfill with at least 6 inches of earthen material that can support native vegetation
(40 CFR 258.60(a)(3)) or approved equivalent protection (40 CFR 258.60(b)(2)). This guideline
may be a useful starting point for states and tribes seeking to establish erosion minimization
requirements for C&D landfills.
For example, among EPA Region 5 states, Minnesota and Wisconsin have established a 2-foot
minimum for soil cover at small C&D facilities (in Minnesota, such facilities have less than
15,000 cubic yards of C&D debris and have been operating for less than 12 months) (Minnesota
Administrative Rules 7035.2825(5); Wisconsin Administrative Code NR. 503.09(7)(a)). Indiana
did the same for all C&D facilities, adding a deadline of 180 days (329 IAC 10-37-3). Soil used
for this purpose in Minnesota should be able to sustain vegetation, but Wisconsin calls for such
soil to be compact earth topped with an additional 6 inches of topsoil (Wisconsin Administrative
Code NR 503.09(7)(c)) in which native vegetation compatible with the final use of the site can
grow {Wisconsin Administrative Code NR 503.09(7)(d)).
D.4.4 Resilience
While discussed above, it should be emphasized that it is important when developing a plan for a
cover to consider climate resiliency. Environmental changes brought about by climate change
can impact the durability of the chosen cover and should be taken into consideration when
designing it. Conventional covers use layers of material with low hydraulic conductivity, such as
geomembranes, to serve as a barrier that minimizes percolation of water through the waste.
Precipitation- or wind-generated erosion or abrupt washout of soil above a geomembrane could
result in its exposure to ultraviolet radiation, which is a major contributor to the degradation of
geosynthetic materials. In contrast, evapotranspiration (ET) covers minimize percolation by
relying on the capability of multiple soil layers to store water until it evaporates or is transpired
through vegetation. Sustained changes in onsite precipitation or temperatures could reduce
viability of the assorted long-rooted plant species originally selected based on their expected
survival under historic climate conditions (EPA 530-F-19-003).
Due to these concerns, tribal owners/operators may wish to perform a vulnerability assessment of
the effects of climate change on the cover planned for the site. This process would consist of two
assessments: (1) a climate change exposure assessment that would identify hazards of concern
based on various scenarios related to climate and weather and (2) a climate change sensitivity
assessment that would determine the likelihood that the previously identified hazards would
impact the cover's effectiveness (EPA 530-F-19-003). This process allows for thorough
consideration of the cover's function throughout its future, potentially providing opportunities to
tribes to consider the area's future use when developing closure plans. An example of the
importance of this assessment is the intensity of droughts that are interrupted by severe rainfall.
The severe drought has the capacity to "crack" clays, increasing permeability that cannot be
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healed by a sudden torrential rain. The result could possibly be significant water infiltration.
Such infiltration could lead to leachate production or increased anaerobic activity.
As previously discussed, cover systems may be vulnerable to physical and water damage.
Depending on the results of the vulnerability assessment, various resilience measures can be
implemented to address the vulnerabilities of the highest priority. For example, if washout of the
soil layer of a geomembrane system is a primary concern, then the installation of a dewatering
system could improve the cover's resilience. Additionally, vegetative covers may be vulnerable
to changing precipitation patterns, resulting in conditions atypical of the historical climate (EPA
530-F-19-003). Taking this into consideration may provide the opportunity to plan for the
incorporation of drought- or flood-resistant species to accommodate the changing climate in the
region. However, tribal owners/operators may wish to consider specific resiliency measures
based on the vulnerabilities and priorities determined from assessments of tribal C&D landfill
closure sites.
D.5 Deed Notification
While there is no federal requirement for owners/operators of C&D landfills to provide deed
notifications, tribes may wish to consider whether such deed notices may be a helpful addition to
the closure process. For example, federal regulations (40 CFR 258.60(i)(l)) require
owners/operators of municipal landfills to record a notation on the deed to the landfill facility
property or some other instrument that is normally examined during title search. Such notations
serve to indicate that the land has been used as a landfill facility and that its use is restricted.
Details regarding the acreage, exact location of the landfill, total depth of waste material, and
information on the type of construction and demolition debris that was disposed at the site might
be some of the factors to consider including in a deed notice. Deed notices, deed restrictions,
environmental covenants, and other types of institutional control processes and recording options
may vary widely in Indian country. EPA has provided more information about institutional
controls in Indian country in the handbook, Implementing Institutional Controls in Indian
Country.
D.8 Post-Closure Care
Post-closure care entails the maintenance and continued monitoring of a site after final closure.
The following sections provide recommendations based on existing federal regulations and
guidance for municipal solid waste landfills. As the content of municipal landfills and C&D
landfills differ, tribal owners/operators may wish to consider how the following elements would
pertain to their site closure plans.
D.6.1 Post-Closure Care Plan
Tribal owners/operators may wish to consider elements for post-closure care plans similar to
federal regulations (40 CFR 258.61(a)) that require owners/operators of municipal landfills to
conduct post-closure care, including following a written post-closure care plan. The post-closure
care plan may include instructions and procedures for:
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• final cover maintenance,
• maintaining and operating a leachate collection system,
• groundwater monitoring, and
• maintaining and operating a gas monitoring system.
D 6 2 Cover Maintenance
Tribes may wish to consider including regulations for cover maintenance in developing or
amending their C&D landfill regulations. For example, federal regulations for municipal solid
waste landfills (40 CFR 258.61(a)(1)) require owners/operators to maintain 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.
D.6.3 Leachate Collection System
There are no federal regulations regarding operations and maintenance requirements for leachate
collection systems for C&D landfills. C&D landfills that obtained permit coverage for discharges
to groundwater or surface water during operation should plan to conduct a post-closure review of
any continuing discharges to ensure that permit requirements are met and to ensure that there are
no violations of applicable surface water, groundwater, or drinking water standards. This
includes runoff that may occur from leachate collection systems.
D.6.4 Groundwater Monitoring Considerations
While there are no federal regulations regarding groundwater monitoring requirements for post-
closure C&D landfills, such landfills may be required to continue permit coverage for discharges
to groundwater. The location, quality, and flow direction of the groundwater should be
considered in establishing the groundwater monitoring system.
D.6.5 Considerations for Maintaining and Operating a Gas Monitoring System
While there are no federal regulations providing for post-closure operation of gas monitoring at
C&D landfills, C&D landfill operators may wish to consider whether such systems are needed
during post-closure. For example, are there any organic wastes present that could produce
methane.
C&D landfills have a unique landfill gas problem. Releases of hydrogen sulfide (often leading to
odor problems) can result from the decomposition of gypsum wallboard under moist and
anaerobic conditions. Maintaining an engineered cover can prevent water infiltration into the
landfill and will help ensure that hydrogen sulfide does not accumulate. C&D landfill operators
should continue to monitor their landfills during post-closure to minimize the risk of hydrogen
sulfide releases (EPA 600/R/14-039).
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D.6.6 Post-Closure Duration Considerations
For municipal solid waste landfills, the typical length of post-closure care is 30 years (40 CFR
258.61(a)), but post-closure periods may vary based on the content, complexity, and
management issues of a particular site.
The state regulations specific to C&D landfills, as well as the tribal regulations related to general
landfill post-closure, vary in the duration of post closure maintenance. The timeframes range
from 1 to 40 years (refer to Section D.8 - Attachment I).
D.6.7 Other Considerations
C&D landfill owners/operators may wish to consider other post-closure controls such as
restricting access, securing and maintaining site fencing, and preventing vandalism. Signage
indicating the presence of a closed landfill may be appropriate. Additionally, facility records
should be maintained during the post-closure period.
D.6.8 Post-Closure Care Certification
While there are no certification regulations for C&D landfill closure, tribes may wish to consider
whether such a certification program may be appropriate for such landfills. Examples of state
and tribal regulations for post-closure care certifications are found in Section D.8 (Attachment I).
D.6.9 Post-Closure Resilience and Adaptive Capacity
In addition to resiliency considerations in the closure plan, operators may also consider adaptive
capacity in the post-closure plan. Adaptive capacity is the ability to adjust to climate variability
or potential damages, or to take advantage of new opportunities for land use.
Initial inclusion of resiliency in the closure plan may improve the adaptive capacity of the
closure; however, the assurance of continued flexibility is an iterative process. Ensuring post-
closure adaptive capacity would involve periodic reassessments of the cover's vulnerability and
incorporation of new options or information. These reassessments may be established on set
intervals or triggered by an extreme weather event as part of the post-closure maintenance
activities. Through this process, tribes may be able to facilitate an adaptive post-closure
paradigm that allows for greater opportunities for the closure site.
D.6.10 Post-Closure Emergency Debris
According to federal regulations, disturbance of the final cover, liners, or any components of the
containment or monitoring systems of a municipal solid waste landfill can only occur if
necessary to comply with closure requirements or if given permission by an approved state as
long as the owner/operator demonstrates that disturbance of the final cover, liner, or other
component will not increase the potential threat to human health or the environment (40 CFR
258.61(b)(3)). However, there are no similar requirements for C&D landfills. In the event of
debris generated by an emergency during the post-closure period, it may be beneficial for tribes
to have an emergency debris management plan in place to accommodate the status of the C&D
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landfill. Owners/operators may wish to coordinate with the tribal government in establishing
interim emergency debris sites so that debris can be transported to an alternative C&D landfill
rather than disturb the post-closure site (EPA 530-F-19-003). As noted above, it is very
important to properly characterize any waste stream that is being considered for disposal in a
C&D landfill.
D.7 Bibliography
1. Code of Federal Regulations, Title 40, "Protection of Environment," Part 257, "Criteria for
Classification of Solid Waste Disposal Facilities and Practices."
2. Code of Federal Regulations, Title 40, "Protection of Environment," Part 258, "Criteria for
Municipal Solid Waste Landfills."
3. Bois Forte Band of Chippewa. Nett Lake Reservation Demolition Debris Land Disposal
Facility Permit. September 1998.
4. Cherokee Nation of Oklahoma. Cherokee Nation Administrative Procedure Act, Title 27,
"Environmental Quality," Chapter 6, "Solid Waste."
httDs://www.cherokeecourts.ora/Portals/cherokeecourts/DocumentsA/Vord%20Searchable%
20Full%20Code, odf?ven=2018-09-28-153638-000
5. Grand Portage Indian Reservation. Demolition Debris Land Disposal Facility Permit
Application.
6. Illinois Administrative Rules, Section 1100.208, "Closure." August 2012.
httos://www. ilaa. qov/commission/icar/admincode/035/035011000B02080R. html
7. Illinois Administrative Rules, Section 1100.412, "Procedures for Closure and Postclosure
Maintenance." August 2012.
httos://www. ilaa. go v/commission/icar/admincode/035/035011000D04120R. html
8. Minnesota Administrative Rules, Part 7035.2825, "Demolition Debris Land Disposal
Facilities." September 2006. https://www.revisor,mn.aov/rules/7035.2825/
9. Minnesota Pollution Control Agency. Demolition Landfill Guidance. Water/Solid Waste
#5.04. August 2005. Accessed 2021 at http://www.pca.state.mn.us/publications/w-sw5-
04.pdf
10. Ohio Administrative Code, Chapter 3745-400, "Disposal Methods for Construction and
Demolition Debris; Licensed Facilities." April 2015. httpJ/codes.ohio.aoWoac/3745-400
11. Rosebud Sioux Tribe, Law and Order Code, Title 19, "Environmental Protection."
httosJ/narf. orqfntllZcodesfrosebudcodeftitle 1 Qenvironment, odf
12. Townsend, T.G. C&D Debris Management and Environmental Impacts: Overview and
Current Topics. Ohio EPA C&D Debris Workshop. June 2003.
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C&D Landfills in Indian Country
13. Turtle Mountain Band of Chippewa Indians of North Dakota. Tribal Code, Title 40, "Solid
Waste Management." https://3ak7so 1 hl7cic1lsmo34i0kk-wpenaine.netdna~ssl.com/wp-
content/uploads/files/Academics/Paraleaal%20Resources/TITLE%2040-Solid%20Waste.pdf
14. U.S. EPA. U.S. Environmental Protection Agency Climate Change Adaptation Plan. EPA
23 IR2100. October 2021. https://www.epa.aov/svstem/files/documents/2021~09/epa~
climate~adaptation~plan~pdf~version.pdf
15. U.S. EPA. Best Management Practices to Prevent and Control Hydrogen Sulfide and
Reduced Sulfur Compound Emissions at Landfills that Dispose of Gypsum Drywall. EPA
600/R/-14/039. August 2014. httos://neois.eoa.aov/Adobe/PDF/P100NG53.odf
16. U.S. EPA. Planning for Natural Disaster Debris. EPA 530-F-19-003. April 2019.
https://www.epa.aov/sttes/Droduction/files/2019-05/documents/ftnal ondd guidance O.odf
17. U.S. EPA, Office of Site Remediation Enforcement, Office of Enforcement and Compliance
Assurance. Implementing Institutional Controls in Indian Country. November 2013.
https://www.epa.aov/enforcement/handbook~implementina-institutional~controls~indian~
country
18. U.S. EPA, Office of Superfund Remediation and Technology Innovation. Climate Resilience
Technical Fact Sheet: Contaminated Waste Containment Systems. EPA 542-F-19-004.
October 2019. https://www.epa.aov/sites/production/fiies/2019-
i ycuments/cr containment fact sheet 2019 update.pdf
19. U.S. EPA, Solid Waste and Emergency Response. Introduction to Closure/Post-Closure
(40 CFR Parts 264/265, Subpart G). EPA 530-K-05-009 (RCRA Training Manual).
September 2005. https://www.epa.aov/sites/production/files/2015~07/documents/close05.pdf
20. Wisconsin Administrative Code, Chapter NR 500, "General Solid Waste Management
Requirements." March 2017. http://docs.leais.Wisconsin.aov/code/admin code/nr/500/500
21. Wisconsin Administrative Code, Chapter NR 503, "One Time Disposal Landfills, Small Size
Construction and Demolition Waste Landfills, and Intermediate Size Construction and
Demolition Waste Landfills." December 2018.
httpJ/docs. leais. Wisconsin, ao v/code/admin code/nr/500/503
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D.8 Attachment I: Tables of Example State C&D Landfill Requirements
Table D-1. Closure requirements by state (federal requirements included for reference) as of June 2020
Entity
Regulatory
citation
Date of
citation
Plan required?
Cover permeability
criteria
Federal
RCRA
40 CFR258
7/29/1997
IL
35 I AC 1100
8/27/2012
Cover infiltration
minimization
criteria
Lesser of 1) <= that of
any bottom liner system
or natural subsoils present
or 2) no greater than 1 x
10-5 cm/sec, or approved
equivalent protection
(258.60(a)(1), (b)(1))
Lining w/min. 18-
in of earthen
material, or
approved
equivalent
protection; alt if
<= 20 tons/day
(per annual
average)
(258.60(a)(2),
(b)(l,3))
Soil cover erosion minimization
criteria
Min. 6 in. native vegetation-
sustaining earthen material, or
approved equivalent protection
(258.60(a)(3), (b)(2))
1 ft w/in 30 days, or cover by
road / structure (1100.208
(b)(1)); vegetation: compatible
w/ (i.e., grow, survive under)
local climatic conditions; apply,
alone/in combination, mulch,
straw, netting, chemical soil
stabilizers while establishing
vegetation (1100.208
(b)(2)(D)).
Written closure plan
Cover description; install procedure;
estimates: 1) largest area covered during
active life, 2) max waste inventory, 3)
schedule for completing activities to satisfy
closure criteria. (258.60(c))
RCRA-like (1100.309(c, d, g)) but only
estimate for year of closure; + incorporates
map requirements (1100.309(a)); steps,
schedule for temporary fill operations
suspension in preparation for closure
(1100.309(b, e)), schedules must include
time required: to close facility, for closure
activities (progress tracking), closure year
estimate (1100.309(d)); how applicant will
comply w/C&D (operations &) closure
activities (e.g., drainage features to pass
100-yr, 24-hr event runoff w/out
scouring/erosion; erosion-minimizing
facility construction (1100.309(f),
referencing 1100.208(b)(2))).
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Entitv
Regulatory
citation
Date of
citation
Plan required?
Cover permeability
criteria
Cover infiltration
minimization
criteria
IN
329 IAC 10-37
6/14/2019
MI
Michigan
Administrative
Code 299.4301-
299.4319
1/1/2006
2 ft+ min
compacted
soil/flexible
membrane liner in
compliance
w/R299.4915, 6
in+earthen
material
(R299.4913)
MN
Minnesota
Administrative
Rules Ch.
7035.2825
9/7/2006
Y (7035.2645)
for permitted
facilities.
Soil cover erosion minimization
criteria
2 ft+ w/in 180 days;
2%<=Slope<=33%; max
projected erosion rate 5
tons/acre/yr. (329 IAC 10-37-3)
Cover design under Tvpe III
Landfill (R 299.4304) need to
minimize erosion, ensure gases
do not accumulate,
2%<=grade<=l:4 & so all
stormwater runs off.
"Permit-by-rule" facilities (<
15k ydA3; < 12mo operating;
adjacent to another): 2ft+
vegetative growth-sustaining
soil (7035.2825(5)); 2%<=fmal
slope<=20%
(7035.2825(3)(E)); final cover
top 12" must sustain vegetative
growth (7035.2825(3)(F))
Written closure plan
Includes also: list of labor, materials,
testing necessary to close facility (329 IAC
10-37-4(b)(2); schedule must include total
time required to close facility (10-37-
4(b)(3)(A), time required for completion of
intervening closure activities (10-37-
4(b)(3)(B); cost estimate specifications
(10-3"M(b)(4-8)); incremental closure
option: for each year after facility opened,
specify max facility area into which solid
waste will have been deposited through
vear end, delineate on final contour map.
(10-37-4(b)(8))
RCRA-like, except: "largest area" est. not
required; final cover description requires
engineering plans & specifications, [need
cite - no Plan header in Type III landfills]
Permitted facilities (7035.2825( 14)-
>.2625(3)): RCRA-like (except "largest
area...") +1) describe how, when comply
w/notification (posted at entrance 60+ days
out by close date, alternate facility signs;
publish 30 days out in local newspaper,
providing copy to commissioner w/in 10
days), provide MN-land-surveyor-
prepared-certified survey plat to County
Recorder & (state) Commissioner, record
deed notation (7035.2625(3)(A); 2) cost
estimate including an itemized breakdown
for closure of each fill phase
(7035.2625(3)(C))
D-13
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August 2023
C&D Landfills in Indian Country
Entitv
Regulatory
citation
Date of
citation
Plan required?
Cover permeability
criteria
OH
Ohio
Administrative
Code 3745-400
4/17/2015
Wl
Wisconsin
Administrative
Code Chapter
NR 503.09(7)
Dec-18
May be required
by state as part
of "Approved
Plan of
Operation"
(503.09(7)).
1 x 10-6cm/sec max/ each
lift of recompacted soil
(for well compacted,
cohesive soil w/18-
inch+min recompacted
thickness) unless 50%+
soil particles by weight
pass No. 200 sieve.
(3745-400-07
(G)(2)(i)(d))
Cover infiltration
minimization
criteria
Plasticity
properties above
the A-line in
"Unified Soil
Classification
System" in ASTM
D-2487; or 15%+
total soil dry mass
comprised of
<=0.002-in clay
particles per
ASTM D-422
(3745-400-07
(G)(2)(i)(e))
Small facility
(<=50k ydA3
material): Fine
grain soils
required unless
waived in writing
by department
(NR 503.09(7)(a))
Soil cover erosion minimization
criteria
<=60 days post-final debris: 6-
in+ recompacted soil, (3745-
400-12 (E)(7))
3%=2%; side:
<=33%) for stormwater runoff.
(NR 503.09(7)(a)) 6-inmin
topsoil (NR 503.09(7)(C) Seed
(type), fertilize (amt), mulch
surface in accordance w/final
use, type/quality topsoil,
compatible w/native vegetation
(NR 503.09(7)(d))
Written closure plan
Final cap design plan is part of C&D
permit process. (3745-400-07(G)), see
permeability, infiltration, erosion
parameters; no additional plan required.
[Schedule outlined in 3745-400-12 (E).
Other closure activities: comply w/access,
scavenging, fire control, financial
assurance (E)(1), key employee
disclosure(E)(2) rules; cease leachate
recirculation by post-final debris
acceptance and <=90 days closure
mandatory (E)(3); <=7 days debris
acceptance ceased: notify authority about it
(E)(4), block access to facility (unless
notified authority in writing re: other use)
(E)(5); <=30 days debris acceptance
ceased: post signs visible on access roads
(E)(6); <=1 yr debris acceptance ceased,
annually: update closure/post-closure
financial assurance documentation.(E)( 11 )1
D-14
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August 2023
C&D Landfills in Indian Country
Table D-2. Closure schedule and notification requirements by state (federal requirements included for reference) as of June 2020
Entity
Federal RCRA
IL
Notification
schedule
258.60(d)
Notification of
intent to close
258.60(e)
w/in 30 days C&D
fill operations end
(1100.412.(a))
IN
Closure start schedule
258.60(1)
RCRA-like; also, agency
must grant extension if
owner / operator
demonstrates capacity & has
taken, will continue to take
all steps necessary to
prevent threats to human
health & environment
(1100.208(a)(2))
Closure duration
258.60(g)
MI
Cover <= 6 months after
final layer. (R 299.4317( 1))
Post-closure certification
notification
258.60 (h), 258.61
Owner / operator must
submit to Agency: closed
facility plans / diagrams,
date closure completed;
owner / operator's
affidavit; PE / PG seal
affirming closure per
plan, requirements.
(1100.412(b)(1))
(Meets RCRA)
[Meets RCRA except for
notification?-: Final
closure certification shall
be placed in operating
record, maintained by
owner/ operator.
(r299.4448)]
Deed notation
recordation
258.60(i)
Verification that
RCRA-like notation
(except re: use) was
on deed; also must
include: waste types,
location (A); fill
depth (B); plot
plan(C), w/ surface
contours @ 2-ft
intervals indicating:
(i) surface water run-
off direction, (ii)
surface water
diversion structures,
(iii) grading; (D) no
excavation occur
w/out commissioner
approval statement
(10-37-7(a)(2))
Other (from states)
Part 1100 applies to
CCDD to the extent of
fill operations. (When
Agency determines
facility has been closed
per plan specifications,
requirements, Agency
must issue a certificate of
closure, specify date
post-closure begins.
(1100.412(b)(2)).)
Closure approved unless
Commissioner notifies
owner / operator of
deficiency w/in 150 days
of receipt of closure
certification
documentation; partial
closure certification
option. (10-37-7(b))
D-15
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August 2023
C&D Landfills in Indian Country
Entitv
MN
Notification
schedule
For permitted
facilities: must be
submitted w/the
permit application
(and as required
by a closure doc
(7001.3055)), to
establish;
financial
assurance
mechanisms, or
by an
enforcement
action)
(7035.2625(3))
Notification of
intent to close
For permitted
facilities: 90+ days
out (7035.2625(5))
Must provide
written notice of
intent and
anticipated date of
ceasing not later
than 90 days prior
(3745-400-12 C)
Closure start schedule
"Permit-by-rule" facilities:
each phase must be closed
as it reaches final waste
elevations. (7035.2858(5));
Permitted facilities: as all
fill areas (see
7035.2825(8)(B)) reach
permitted final grade
(7035.2625(1)(B)
Closure duration
Post-closure certification
notification
"Permit-by-rule"
facilities: (Meets RCRA);
(Permitted facilities:
RCRA-like; certification
must contain signed
completed Site Closure
Record; as-built plans
showing changes from
original; testing results
showing compliance
w/closure requirements
(incl. for waste removal,
equipment
decontamination); other
documentation (e.g.,
pictures showing closure
techniques). Must include
a copy of notation filed
w/county recorder and
carry recorder's seal.)
7035.2635(3)
Final Closure
Certification Report
(3745-400-08 D)
indicates: facility blocked
by sturdy obstacles
(D)(1), signs posted
(D)(2); all capped areas
shown on plan sheet, (D)
(3) w/identified
engineered components
requiring construction
certification (D)(4)
(pursuant to 3745-400-
07). Copy of plat filed
with county recorder.
((D)(5), 3745-400-
12(E)(9)) Copy of the
notation on the deed to
the facility property.
(D)(6)
Deed notation
recordation
"Permit-by-rule"
facilities: Deed note
must include site use,
waste location.
(7035.2825(5))
Include acreage,
exact location, depth,
volume, type of C&D
disposed. (3745-400-
12(E)(10))
Other (from states)
Permitted facilities: Final
cover: compatible w/
intended end use; contain
materials consistent
w/overall site design;
(7035.2825(11)->
7035.2825(8); close to
eliminate, minimize,
control escape of
pollutants to groundwater
/ surface waters / soils /
atmosphere in
postclosure;
(7035.2825(2); a copy of
approved closure plan,
all revisions must be kept
at facility until closure
certified (7035.2625(3));
amend plan when closure
yr changes.
(7035.2625(4))
There are financial
assurance requirements.
(3745-400-11(B)(6),
3745-400-11(S)(1))
D-16
-------
August 2023
C&D Landfills in Indian Country
Entitv
Notification
schedule
Notification of
intent to close
Wl
Closure start schedule
Small facility (<=50k ydA3):
W/in earlier of: a) 90 days
after disposal end, or b)
design capacity reached, in
accordance w/approved
operating plan, items a-e
this section. (NR 503.09(7))
Closure duration
Post-closure certification
notification
Deed notation
recordation
Other (from states)
Small facility (<=50k
ydA3): Divert
stormwater, incl. around
previously filled areas
where possible; if
necessary to divert
drainage over previously
filled areas, dept may
require clay lined swales
min 2 ft thick. (NR
503.09(7)(b)); closure
should occur in a
nuisance-free manner
(NR 503.09(4)(a))
D-17
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August 2023
C&D Landfills in Indian Country
Appendix E - Example Tribal Solid Waste Management Code
Starting on the next page is an example solid waste management code from the Lac du Flambeau
Band of Lake Superior Chippewa.
E-1
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TRIBAL CODE
CHAPTER 24
SOLID WASTE MANAGEMENT CODE
CONTENTS:
24.101 Scope and Purpose.
24.102 Definitions.
24.103 Solid Waste Management.
24.104 Permitting of Solid Waste Disposal Facilities.
24.105 Jurisdiction and Procedure.
24.106 Enforcement.
24.107 Penalties.
RECYCLING, COMPOSTING, AND RESOURCE RECOVERY
24.201 Scope and Purpose.
24.202 Definitions.
24.203 Separation of Recyclable Materials.
24.204 Management of Lead Acid Batteries, Major Appliances, Waste Oil
and Yard Waste.
24.205 Other Materials.
24.206 Preparation and Collection of Recyclable Materials.
24.207 Prohibitions on Disposal of Recyclable Materials.
24.208 Enforcement.
24.209 Responsibilities of Owners or Designated Personnel of Non-
Residential Facilities and Properties
HISTORY NOTE:
Current Ordinance:
Adopted May 29, 1994, Resolution No. 186(84). Effective immediately as
to tribal members. Effective August 29, 1994, as to non-members.
Amendments:
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Amended June 12, 1989, Resolution No. 187(89), to add 24.102(3) and (4)
and 24.106(7) and amend 24.106(4).
Amended January 23, 1995, Resolution No. 25(95). Sees. 24.102-24.106
adding 24.107. Sec. 24.201-24.208.
Amended November 27, 1995, Resolution No. 483(95), amends 24.103(8),
24.106(1) and 24.208(2).
Amended April 25, 2000, Resolution No. 211(00), Chapter I & n.
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TRIBAL CODE
CHAPTER 24
SOLID WASTE MANAGEMENT CODE
24.101 Scope and Purpose.
(1) The purpose of this code is to help ensure that efficient, nuisance free,
and environmentally sound waste management procedures are practiced on the Lac
du Flambeau Reservation.
(2) This code applies to the activities of tribal members and non-members
within the exterior boundaries of the reservation including tribal and non-tribal
facilities, operations and businesses.
24.102 Definitions.
(1) Collection and transportation service (disposal/"hauler") means a
solid waste disposal operation which utilizes containers, vehicles or other means for
the collection and transportation of solid waste. This may also include haulers that
pickup of recyclables as part of their service and deliver items to a transfer site or
Material Recovery Facility.
(2) Construction and Demolition (C/D) Waste is waste materials from
demolition and new construction limited to the following materials: brick, mortar,
concrete, clean wood, floor tile, ceramic tile, wallboard materials including gypsum
board ("sheet rock"), plaster and paneling and small amounts of steel or aluminum
that cannot be separated from the other - materials like concrete reinforcement rod
and nail. C/D waste does not include any hazardous waste such as asbestos, waste
paints, solvents, chemicals, sealants, etc. or any recyclable materials as defined in
Chapter n, Tribal Solid Waste Codes.
(3) Construction and Demolition Site is a site that meets the
requirements of 40 CFR Part 257 and shall require obtaining a permit from the Lac
du Flambeau Tribal Natural Resource Department. Individuals will need to apply for
a permit to operate a C/D Site or dispose of demolition material on the reservation,
permit must be presented and Approved by Tribal Council.
(4) Critical Habitats means the area or type of environment that is
essential for an organism or biological population to occur or live normally, including
endangered and threatened species and plants.
1
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(5) Disposal means the discharge, deposit, inj ection, dumping or placing
of any solid waste into or on any land or water so that such solid waste or any
constituent thereof may enter the environment or be emitted into the air or discharged
into any waters, including groundwater.
(6) Earthen Materials means stumps, shrubbery, leaves, grass, hay, trees,
sand, or organic matters which are naturally found on or growing on the earth.
(7) Garbage means discarded materials resulting from the handling,
processing, storage and consumption of food including putrescible wastes.
(8) Hazardous Waste means any solid waste identified by the Tribal
Natural Department as hazardous to human health or the environment or identified
by 40 CFR part 261.3 as being hazardous or extremely hazardous. This includes but
is not limited to petroleum products and hazardous sludge (example: sludge from the
bottom of an underground storage tank), chlorine, anti-freeze, agricultural pesticides
and fertilizers (in excess of household amounts) and hazardous industrial chemicals.
(9) Household Hazardous Waste (HHW) means household products that
could be hazardous to the environment or human health including paints, solvents,
cleaners, household batteries, household amounts—1 gallon or less—of petroleum
products, insecticides, herbicides, anti-freeze, car batteries, TV Tubes/Screens-
Computer Screens, fluorescent bulbs and PCB containing ballast's and any other
product produced for consumer use that could be hazardous to the environment.
(10) Household Sewage is the liquid or solid material removed from a
septic tank, sewage lagoon, holding tank, cesspool, portable toilet, type in marine
sanitation device, sewage treatment facility or other treatment works that receive
domestic sewage. This does not include liquid or solid material removed from a
septic tank, cesspool, or similar treatment works that receives either commercial
wastewater or industrial wastewater and does not include grease removed from
grease trap at a restaurant. This definition is defined in 40 CFR 503 and will be
complied with according to 40 CFR 503.9, 503.12, and 503.13 (c).
(11) Junk vehicles, snowmobiles, ATV's, or any other motorized
equipment are defined as vehicles, snowmobiles, ATV's, or other motorized
equipment rendered inoperable. Those junk vehicles, snowmobiles, ATV's or other
motorized equipment without a current license registration will be deemed
"Salvageable Material" as defined in subsection (19) herein.
(12) Landspreading means the process of discharging, depositing, placing
or inj ecting in thin layers onto the land surface any wastes including solid, household
sewage, hazardous, agricultural and silvicultural.
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(13) Licensed Disposer means a person engaged in servicing under a
license issued pursuant to Section 24.104(6) herein.
(14) Littering is the careless discarding of Garbage or Refuse of any type,
including, but not limited to, to the discarding of such materials in areas or
receptacles other than those designated for such materials.
(15) Medical or Infectious waste means wastes that are produced during
the treatment of humans or animals. These materials include human blood/ blood
products, tissue / organs, and sharps (hypodermic needles, syringes, scalpels, etc.).
(16) Mining Wastes any wastes associated with mining practices such as
tailings, sludge, etc.
(17) Mobile HW Collection Facility means a temporary facility designed
for short term operation—less than one month—for the collection and temporary
storage of household hazardous waste.
(18) Municipal Solid Waste is garbage and refuse created by households
and individuals and non-hazardous wastes, garbage and refuse created by businesses,
tribal enterprises and government offices and facilities.
(19) Municipal Solid Waste Disposal Facility means a disposal facility
that meets the standards in 40 CFR Part 258. A current example of such a facility is
the Highway G Landfill in Eagle River.
(20) Open Burning means any fire wherein the products of combustion are
emitted directly into the atmosphere and are not directed thereto through a stack or
chimney, incinerator, or similar devices.
(21) Permanent Collection Facility means a permanent structure designed
to operate on a continual or periodic basis for the collection and temporary storage
of household hazardous waste. It is not a disposal facility for these materials.
Temporary in this case means only the length of time it takes to collect enough
material to gain an economic advantage for cost of disposal.
(22) Person means an individual, both tribal and non-tribal, trust, firm,
joint stock company, corporation (including a government operation) partnership,
association, tribal, state, municipality, commission, political subdivision of a state or
the Tribe, or any interstate body and shall include each department agency, and
instrumentality of the United States.
3
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(23) Plan of operation means a report submitted for a disposal site or
facility that describes its location, design, construction, sanitation, operation,
maintenance, closing and long term care.
(24) Putrescible means solid waste capable of being decomposed by
microorganisms with sufficient rapidity as to cause nuisances from odors and gases,
such as kitchen wastes, animal (wild or domestic) offal and carcasses.
(25) Radioactive Waste means any radioactive material.
(26) Refuse means all matters produced from industrial or community life,
subject to decomposition, not defined as Household Sewage.
(27) Reservation shall mean the Lac du Flambeau Reservation.
(28) Salvageable Material means junk cars, machinery or equipment, scrap
metal or other junk or scrap materials which are of further usefulness mainly as a
raw material for reprocessing, or as imperfect stock from which replacement of spare
parts can be extracted.
(29) Salvage yard is defined as a solid waste disposal site or facility at
which salvageable materials are stored or sold or at which wrecking, dismantling or
demolition of salvageable materials are conducted. Salvage yards do not include
operations conducted by scrap metal, paper, fiber or plastic processors excluded from
the definition of "solid waste disposal sites and facilities" in this section, nor do
salvage yards include small storage for equipment such as normally found adjacent
to industrial and commercial establishments.
(30) Solid Waste means garbage, refuse and any other waste material
resulting from industrial, commercial, agricultural operations and community
activities, not including household sewage.
(31) Solid Waste disposal sites and facilities means commercial and
municipal establishments or operations such as, but not limited to, sanitary landfills,
dumps, land disposal sites, incinerators, auto junk yards, scrap metal salvage yards,
transfer stations, storage facilities, collection and transportation services and other
establishments or operations for the storage, collection, transportation, transfer,
processing, treatment, recovery or disposal of solid waste. Solid waste disposal sites
and facilities does not include a site or facility for the processing of scrap iron, steel
or nonferrous metal using large machines to produce a principal product of scrap
metal for sale or use for remitting purposes: nor does the term include a site or
facility which uses large machines to sort, grade, compact or bale clean wastepaper,
4
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fibers or plastics, not mixed with other solid waste, or sale or use for recycling
purposes.
(32) Solid Waste Management means the planning, organizing, financing
and implementing programs to for the storage, collection, transporting, processing,
recycling or final disposal of solid wastes in a sanitary, nuisance free, healthy and
environmentally sound manner.
(33) Storage site or facility means solid waste disposal site or facility for
the storage of solid waste, junk vehicles and recyclables on a temporarily basis in
such a manner as not to constitute ultimate disposal of solid waste.
(34) Tribal Council shall mean the Lac du Flambeau Tribal Council, the
duly elected governing body of the Lac du Flambeau Indian Reservation.
(35) Tribal Court shall mean the Lac du Flambeau Tribal Court.
(36) Tribe shall mean the Lac du Flambeau Band of Lake Superior
Chippewa.
24.103 Solid Waste Management.
(1) All solid waste must be disposed of according to the appropriate
method described in this section. Disposal of solid waste in any other manner
including but not limited to open dumping, burying and littering are in violation of
this code.
(2) Construction and demolition waste must be disposed of in a site
specifically designed for such materials and having a permit issued by the Tribal
Natural Resource Department (after approval by Tribal Council) pursuant to Tribal
Code Chapter 24.104, or, at a site permitted as such outside the exterior boundary of
the reservation and approved by the Wisconsin Department of Natural Resources or
other appropriate jurisdiction.
(3) Earthen materials shall be disposed of in an environmentally safe
manner. A plan of disposal or operation shall be submitted to the Tribal Natural
Resources Department by the person authorized to conduct such disposal activities
pursuant to this section. In the case of tree stump removal and burial, a plan of
operation shall be submitted to, and must be approved by, the Tribal Council. Prior
to conducting such activities, the appropriate Tribal Program Permits, such as Tribal
Land Management Department, Tribal Historic Preservation, Forestry, etc., need to
be obtained.
5
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(4) Hazardous Wastes shall not be disposed of within the exterior
boundaries of the Lac du Flambeau Reservation. Proper disposal at an approved
hazardous waste disposal facility is required.
(5) Household hazardous waste shall be separated from municipal solid
waste and disposed of at a mobile or permanent collection facility permitted by the
Tribal Natural Resource Department or the Wisconsin Department of Natural
Resources for the purposes of collection of these materials. Household hazardous
waste may not be permanently disposed or stored of within the exterior boundaries
of the Lac du Flambeau Reservation.
(6) Household sewage must be managed in accordance with
recommendations of the Tribal Water & Sewer Department. Landspreading of
household sewage shall be conducted in strict accordance with 40 CFR 503, and,
shall be conducted only after prior approval by the Tribal Natural Resources
Department, Land Management Department, Historic Preservation Department, and
in accordance with this Chapter, final approval by the Tribal Council.
(7) Medical or Infectious (SHARPS) waste must be disposed of in
accordance with policies and procedures established for such disposal for the
reduction of the generation of such waste. All persons generating such waste shall
properly tag such waste as medical waste and store in accordance with medical waste
management procedures.
(8) Municipal solid waste/garbage must be separated from recyclable
material and disposed of in a municipal solid waste disposal facility or materials
recovery or composting facility permitted by the Tribal Natural Resource
Department, or, hauled to such a facility by a solid waste hauler approved by the
Tribal Natural Resource Department or Wisconsin Department ofNatural Resources,
or, recycled.
(9) No radioactive or mining wastes shall be collected, transported,
stored, treated, processed, disposed of or reclaimed, within the exterior boundaries
of the Lac du Flambeau Indian Reservation.
(10) Open burning of any material including leaves, grass, brush, etc., is
prohibited without an authorized burning permit issued by the Tribe and/or
Wisconsin Department ofNatural Resources.
(11) Solid Waste Storage: The owner or occupant of any premise, business
establishment or facility shall be responsible for the sanitary storage of all solid waste
accumulated at that premise, business establishment or facility. Garbage or
municipal solid waste shall be stored in:
6
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(a) Durable rust resistant, nonabsorbent watertight, rodent/animal
proof, and easily cleanable containers or similar type of receptacle, or,
(b) Other types of containers acceptable by haulers or disposal
services and conforming to the intent of this section.
(c) All containers or storage receptacles of solid waste must be
maintained in a manner as to prevent the creation of a nuisance or
unsanitary condition. Unless otherwise provided for in a written
rental or lease agreement the tenant or lessee of any single unit
detached residence and the landlord of any multi-unit residence shall
be responsible for the provision and maintenance of storage
containers as specified as above.
(d) Garbage or municipal solid waste shall be disposed of in a
timely manner as not to cause unsanitary or nuisance problems.
Weekly or bi-weekly disposal of this type of wastes must be
conducted. Unless otherwise specified in a lease or tenant (Chippewa
Housing Authority) lease agreement.
(12) Salvageable Material must be stored accordingly: Free of all fluids,
stored in a safe manner not to cause injury to person(s), must be used within 30 days
unless a specified usage plan is documented and implemented. If no plan is specified
the salvage material must be removed from site and disposed of in a proper manner
according to the time frame given (in writing) by either/or Tribal Natural Resource
Department, Tribal Land Management Department, Chippewa Housing Authority
and therefore Law Enforcement Officials. Vehicles will be considered junk if it is
not registered by the Tribe or State and including but not limited to collector's cars
(antiques), snowmobiles, ATVs, and motorcycles.
(13) No person shall discard, abandon, leave or deposit any solid,
recyclable, C/D, medical or other wastes, debris, trash, vehicles, or rubbish, nor have
or permit another to discard, abandon, leave or deposit any such wastes (mentioned
above), in a manner which violates the above section, 24.103. If the material
discarded, abandoned, left or deposited contains items addressed to a person(s) or
otherwise indicates ownership or possession in a person(s), it shall be reputably
presumed that such person(s) did personally, or did permit another to, discard,
abandon, leave or deposit the material.
(14) No transportation of hazardous, mining, or radioactive waste shall be
permitted through the Lac du Flambeau Indian Reservation without complying first
with the applicable state, tribal, and federal laws and regulations governing hazardous
waste management. The transportation of such materials pursuant to said laws and
regulations shall not include the authority to stop for any purpose, other than for
7
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emergency purposes, within the exterior boundaries of the Lac du Flambeau Indian
Reservation.
(15) No person shall dispose of any wastes generated outside the
boundaries of the reservation on any lands or water bodies within the reservation
boundaries.
24.104 Permitting of Solid Waste disposal facilities.
(1) The following permits may be denied or rescinded at any time by the
Tribal Council. Each facility must develop a plan of operation. Each permittee will
be responsible for compliance of all applicable Tribal rules, codes or ordinances
which are applicable within the reservation boundaries.
(2) Municipal Solid Waste Facility. The Tribal Natural Resource
Department may issue a permit (after Tribal Council Approval) for a municipal solid
waste facility if such facility meets the requirements of 40 CFR Part 258 and
develops a plan of operation. This facility must be proven to be environmentally safe
by the tribal Natural Resource Department. An environmental assessment must be
done prior to application, at the applicant's expense.
(3) Household Hazardous Waste Facility. The Tribal Natural Resource
Department may issue a permit for a mobile or permanent collection facility if the
facility meets federal standards for such a facility and is considered environmentally
safe by the Tribal Natural Resource Department. A permit is not necessary for a
mobile facility sponsored by the Tribal Natural Resource Department.
(4) Construction and Demolition Site (C/D). The Tribal Natural Resource
Department may issue a permit (after Tribal Council approval) for a construction and
demolition site if the site meets 40 CFR Part 257 and is considered environmentally
safe by the Tribal Natural Resource Department. An environmental assessment must
be conducted prior to application, at the applicant's expense. The permit application
shall be completed by the applicant and shall include legal description of the site, soil
type, depth to ground water, proximity to wetlands, topography, and plans for
operation and closure of the site (including remediation of pollution if present). Any
existing demolition sites will need to comply and person(s) wishing to utilize such
sites need a permit to dispose of such wastes at site.
(5) Open burning of earthen materials only (no other materials allowed)
or clean demolition wood products will require a Tribal burning permit or other
appropriate permit if conducted within the reservation boundaries. Permittee must
follow all rules of permit and will be held liable for any damages to property,
resources or harm to individuals.
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(6) Other Solid Waste Facilities. Facilities for handling of solid waste
including materials recovery facilities and composting facilities must be approved by
the Tribal Council. Land spreading of compost or any other material derived from
solid waste must be proven environmentally safe and approved by the Tribal Council.
Tribal Environmental Review Process and Form must be completed.
(7) Commercial haulers of municipal solid waste operating within the
exterior boundaries must have initial and continued approval in writing by the Tribal
Natural Resource Department. Approval will be contingent upon meeting
requirements set forth by the Tribal Natural Resource Department. A specific
requirement will be for the hauler to submit an annual report detailing amounts of
waste collected from tribal households, businesses, offices, facilities and enterprises
and the destination of the recyclables. These requirements may also include specific
transportation requirements such as covering of open bins while transporting the
items, specific procedures for handling non-compliance with hauler's materials
preparation requirements, other reporting requirements and any other requirement
that the Tribal Natural Resource Department feels necessary for the protection of the
environment for sound solid waste management. The requirements may change at
any time and continued approval is subject to meeting any new ordinances or
regulations. If continued approval is denied the hauler may not operate as hauler of
municipal solid waste within the exterior boundaries of the Lac du Flambeau Indian
Reservation.
Commercial Haulers (collection and disposal service providers) must meet
the following requirements for collecting the materials specified in chapter n, Sec.
24.203:
(a) Separate the materials from other solid waste prior to
collection and maintain that separation during the collection process.
(b) Prohibit the compacting of glass containers with newspaper
or with municipal solid waste during collection.
(c) Maintain the materials collected in marketable condition.
(d) Comply with Tribal and State hauling/disposal service
requirements set forth in state solid waste regulations for use of state
landfills.
(8) Salvage Yard Operation. No person (s) shall operate or maintain a
salvage yard unless the person (s) completes the Tribal Environmental Review
Process and form and obtains a permit from the Tribal Natural Resource Department
with Tribal Council's Approval. The permit will require the following:
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(a) Location Requirements: No person (s) shall establish,
operate, maintain or permit the use of land for a salvage yard within
the following areas:
(1) Within 10,000 feet of any navigable lake, pond or
flowage.
(2) Within 300 feet of a navigable river or stream.
(3) Within a flood plain.
(4) Within an area from which the Tribal Natural
Resource Department after investigation finds there is
reasonable probability that solid waste or leaching
therefrom may have a detrimental effect on any
surface water and groundwater quality.
(5) Within 1,000 feet of the nearest edge of right-of-way
of any interstate or federal aid primary highway or the
boundary of any public park, or residence, unless the
site is screened by natural obj ects, plantings, fences or
other appropriate means so as to be visible form the
highway, park or residence.
(6) Within cultural and/ or sacred site as are defined
under Chapter 66: Protection and Management of
Archaeological, Historical, and Cultural Resources,
wetlands and Critical Habitats.
(b) Plan of operation. No person (s) shall establish a new salvage
yard or expand an existing salvage yard until an approved permit is
issued by the Tribal Natural Resource Department upon completion
of a salvage yard operation application. The application includes:
plot plans of site, inventory report (specifies type and quantity of
materials, etc.), destination of materials, on-site storage plans of non-
salvageable materials, procedures and types of emergency fire and
planning control.
(c) Operational Requirements. No person (s) shall operate or
maintain a salvage yard except in conformance with the approved
plan of operation and the following practices:
(1) Garbage or solid waste materials shall not be present
at a salvage yard.
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(2) No open burning of solid waste or recyclable
materials shall be conducted.
(3) The boundaries of the salvage yard shall be marked
with a fence or other object (s) to clearly define the
boundary of the permitted site.
(4) The yard shall be surrounded by a solid fence, trees,
shrubbery or other appropriate means to screen it from
the surrounding area. If trees are used, they shall be
capable of screening the yard all year or other
methods shall be used in combination with the trees to
provide screening during all seasons.
(5) A sign, acceptable to the Tribal Natural Resource
Department, shall be posted at the entrance which
indicates the name and permit number of the
operation.
(6) The operation shall be conducted in accordance with
any other Tribal or Federal Regulations.
(d) Closure. Any person (s) who maintains or operates a salvage
yard or who permits use of property for such purpose shall, when the
yard is closed by the operator or property owner, or when the Tribal
Natural Resource Department determines that closure is required,
close the yard by removing all salvageable materials within a time
period specified by the Tribal Natural Resource Department, which
shall be no greater than 120 days and pursuant to standards for such
closure developed by the Tribal Natural Resources Department. The
operator or owner shall notify the Tribal Natural Resource
Department, in writing, 60 days prior to the date of closing a salvage
yard. If upon closing or anytime during operation the site has been
determined to be contaminated the operator or owner shall be
required to remediate or prove the site to be free of pollutants.
Installation of groundwater wells may be required at the owners
expense.
24.105 Jurisdiction and Procedure.
(1) Jurisdiction is hereby conferred upon the Lac Du Flambeau Tribal
Court over actions brought for violations of this code.
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(2) Proceedings for violation of this code shall be governed by chapters
in and IV of the Tribal Court Code, Tribal Code Ch. 80, provided that proceedings
may be instituted in tribal court by issuance of a citation.
24.106 Enforcement.
The provisions of this code shall be enforced by Tribal Conservation Law
Enforcement Officers and designated employees of the Lac du Flambeau Department
of Natural Resources, or, if they are not available, by Tribal Police Officers.
24.107 Penalties.
(1) Violations of the provisions of this Code, except 24.103 (4),
hazardous waste, and 24.103 (3) household hazardous waste, shall be punishable by
a civil remedial money penalty not to exceed $500.00 and community service not to
exceed 100 hours. Each day of a violation may be treated as a separate violation
under this provision.
(2) Violations of 24.103 (3), household hazardous waste shall be
punishable by a civil remedial penalty not to exceed $1000 and community service
not to exceed 100 hours.
(3) Violations of 24.103 (4), hazardous waste, shall be punishable in
addition to any federal punishment with a civil remedial penalty not to exceed
$1,000,000.
(4) In addition to a civil remedial money penalty, any personal property,
including vehicles and other equipment, which has been used in connection with the
violation of this Code may be seized and forfeited pursuant to Chapter IV of the
Tribal Court Code, Tribal Code Ch. 80.
(5) In addition to the foregoing penalties, the court may suspend or revoke
any permit issued under this code.
(6) Upon conviction, the court shall order payment of court costs of
$20.00.
(7) Nothing herein shall prevent the Tribe from bringing suit against any
violator of this code for money damages for harm to tribal resources caused by the
violation.
(8) Any interested party may bring suit in tribal court to enj oin a violation
of this Code.
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(9) In addition to the foregoing penalties, the court shall order the
responsible party to remove all materials improperly discarded, abandoned, left or
deposited; clean up any other effects of the party's action; and ameliorate any other
environmental harm caused by the action. In the event this material is not removed
and all damaged repaired, the court shall order the work done and the cost shall be
interim financed by the court and immediately reimbursed by the responsible party.
Legitimate costs can include personnel time as well as other expenses.
RECYCLING, COMPOSTING, AND RESOURCE RECOVERY
24.201 Scope and Purpose.
(1) The purpose of this code is to promote recycling, composting and
resource recovery beyond the voluntary efforts of many tribal households put forth
in current recycling programs. While recycling is done by a majority of tribal
members, the Tribal Council's position opposed to mining in the Ceded Territories
necessitates 100% recycling. This code is in place to ensure that all persons on the
reservation recycle. The Tribal Council also promotes using recyclables instead of
raw materials for production of goods because it uses less energy, which decreases
air pollution and decreases the world's reliance on fossil fuels.
(2) This code applies to the activities of tribal members and non-members
on the reservation.
24.202 Definitions.
(1) Bi-metal container means a container that is made
combination of steel and aluminum (example: some canned goods
fitted bottoms for stacking).
(2) Container board means corrugated paperboard
manufacture of shipping containers and related products.
(3) HDPE means high density polyethylene plastic containers marked by
the SPI code No. 2.
(4) LDPE means low density polyethylene plastic containers marked by
the SPI code No. 4.
(5) Magazines means magazines and other materials printed on similar
paper.
primarily of a
cans that have
used in the
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(6) Major appliance means a residential or commercial air conditioner,
dehumidifier, humidifier, furnace, water heater, clothes dryer, clothes washer,
dishwasher, freezer, microwave oven, oven, refrigerator or stove.
(7) Materials Recovery Facility means a facility where 2 or more of the
materials specified in Section 24.203, Tribal Solid Waste Codes Chapter n, not
mixed with other solid waste, are processed for reuse or recycling by conversion into
a consumer product which used as raw material in a commercial or industrial process.
A materials recovery facility does not include a facility operated by a pulp or paper
mill which utilizes source separated secondary fiber or paper fore use as a raw
material in a commercial product.
(8) Mixed or other plastic resin types means plastic containers marked by
the SPI code No.7
(9) Multiple-family dwelling means a property containing 5 or more
residential units, including those which are occupied seasonally.
(10) Municipal solid waste is garbage and refuse created by households
and individuals and non-hazardous wastes, garbage and refuse created by businesses,
tribal enterprises and government offices and facilities.
(11) Municipal solid waste disposal facility means a disposal facility that
meets the standards in 40 CFR Part 258 and is approved by the Tribal Natural
Resource Department.
(12) Newspaper means a newspaper and other materials printed on
newsprint.
(13) Non-residential facilities and properties means commercial, retail,
industrial, institutional and governmental facilities and properties. This term
includes tribal facilities, businesses, and enterprises. This term does not include
multiple family dwellings.
(14) Office paper means high grade printing and writing papers from
offices in non-residential facilities and properties. Printed white ledger and computer
printout are examples of office paper generally accepted as high grade. This term
does not include industrial process waste.
(15) Person means an individual, both tribal and non-tribal member, trust,
firm, joint stock company, corporation (including a government operation),
partnership, association, tribal, state, municipality, commission, political subdivision
of a state or the Tribe, or any interstate body and shall include each department,
agency, and instrumentality of the United States.
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(16) PETE means polyethylene terephthalate plastic containers marked by
the SPI code No. 1 (examples: 2-liter soda bottles, milk bottles).
(17) PP means polypropylene plastic containers marked by the SPI code
No. 5 (examples: plastic packaging, bubble pack, plastic wrap)
(18) PS means polystyrene plastic containers marked by the SPI code No.
6 (examples: "styrofoam" cups, other products commonly called "styrofoam").
(19) PVC means polyvinyl chloride plastic containers marked by the SPI
code No. 3 (example: PVC plumber's pipe)
(20) Recyclable materials includes lead acid batteries; major appliances;
waste oil; yard waste; aluminum containers; corrugated paper or other container
board; foam polystyrene packaging; glass containers; magazines; newspapers; office
paper; plastic containers, including those made of PETE, HDPE, PVC, LDPE, PP,
PS, and mixed or other plastic resin types; steel containers; waste tires; and bi-metal
containers.
(21) Solid waste means garbage, refuse and any other waste material
resulting from industrial, commercial, agricultural operations and community
activities, not including household sewage.
(22) Transfer Facility Site is a duly-licensed and authorized commercial
and municipal establishment or operation.
(23) Tribal Council means the governing body of the Lac du Flambeau
Band of Lake Superior Chippewa Indians, as that body is defined in the Tribe's
Constitution.
(24) Yard waste means leaves, grass clippings, yard and garden debris and
brush, including clean woody vegetative material no greater than 6 inches in
diameter. This term does not include stumps, roots or shrubs with intact root balls.
24.203 Separation of Recyclable Materials.
(1) Occupants of single family and 2 to 4 unit residences, multiple family
dwellings and non-residential facilities and properties shall separate the following
materials from municipal solid waste:
b.
d.
a.
c.
Aluminum cans
Bi-metal containers
Corrugated paper or other container board
Glass containers
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e. Lead acid (car) batteries
f. Magazines or other materials printed on similar paper
g. Major appliances
h. Newspapers or other materials printed on newsprint
I. Office paper
j. Plastic containers made of PETE (No. 1) or HDPE (No. 2).
k. Steel containers
1. Waste oil
m. Waste tires
n. Yard waste
(2) The following materials or any other materials may be included on the
preceding list of recyclable materials to be separated from municipal solid waste by
resolution of Tribal Council as markets for these materials become available
(Meantime, these materials need to be processed as regular garbage, or other safe
options of disposal may apply, these items may not be buried or burned at any time):
a. Foam polystyrene (No. 6) packaging
b. Plastic containers made of PVC, LDPE, PP, PS, or mixed or
other plastic resin types (Nos. 3-7, respectively)
24.204 Management of Lead Acid Batteries, Major Appliances, Waste Oil and Yard
Waste.
Persons shall manage these materials as follows:
(1) Lead acid batteries and major appliances shall be taken to a site
designated by the Tribal Natural Resource Department or any off-reservation site
approved by Wisconsin Department of Natural Resources. Retailers of lead acid
batteries often accept them and major appliances may be taken to the Town of Lac
du Flambeau Highway H Transfer Site for a fee.
(2) Waste oil shall be taken to a site designated by the Tribal Natural
Resource Department or any depository where oil is collected for recycling or burned
for energy recovery, such as an auto repair shop. Oil is not to be disposed in any
other manner, but can be burned, when deemed appropriate by the Tribal natural
Resources Department and after prior approval has been obtained by such
Department.
(3) Yard waste shall not be included with regular municipal solid waste
that is meant for disposal in a landfill. Proper disposal options include composting
and burning conducted in accordance with such permitting rules as developed by the
Tribal Natural Resources Department.
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24.205 Other Materials.
The list of materials deemed necessary by the Tribal Natural Resources
Department to be separated from the solid waste stream and recycled or disposed of
in a different manner than set forth herein may be amended by an adopting resolution
of the Tribal Council.
24.206 Preparation and Collection of Recyclable Materials.
(1) Individuals must follow the preparation requirements of the Tribal
Natural Resource Department, as per Materials Recovery Facilities acceptance
procedures. Approved haulers will only accept recyclable materials prepared as
needed for MRF or transfer site where their recyclables are collected. Hauler will not
pickup unseparated or mixed recyclable garbage from any individual. The hauler
shall notify any non-compliance party of improper disposal procedures and shall not
accept the waste until prepared accordingly. This notification shall be reported (in
writing) to the individual, Chippewa Housing Authority—if applicable, and Tribal
Natural Resource Department. All recyclable items must be cleaned and prepared
as to the hauler or transfer site's requirements in accordance with applicable rules and
procedures adopted by the Tribal Natural Resource Department.
(2) Recyclable material will be,
(a) Placed out (by customer) for curbside pickup to be collected
by an approved hauler, or;
(b) Taken to a transfer site facility such as the Lac du Flambeau
Town Transfer Station, HWY H. Individual should maintain written verification of
disposal service such as a bill or receipt.
24.207 Prohibitions on Disposal of Recyclable Materials
(1) No person may dispose of in a solid waste disposal facility or bag
designated to go to such a facility or burn or bury any of the recyclable materials
specified above in this chapter 24.203 (1) or (2).
(2) No Tribal Facilities shall be allowed to burn any recyclable materials.
24.208 Enforcement.
(1) Any authorized officer, employee or representative of the Lac du
Flambeau Tribal Natural Resource Department may inspect recyclable materials
separated for recycling, municipal solid waste intended for disposal, collection sites
and facilities, collection vehicles or collection areas of multiple-family dwellings and
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non-residential facilities and properties for the purpose of ascertaining compliance
with the provisions of this ordinance. No person shall refuse access to any authorized
officer, employee or representative of the Lac du Flambeau Tribal Natural Resource
Department who requests access for purposes of inspection, and who presents
appropriate credentials. No person may obstruct, hamper, or interfere with such an
inspection.
(2) Any person who violates a provision of this ordinance may be issued
a citation by the Lac du Flambeau Tribal Conservation Wardens, by designated
employees of the Lac du Flambeau Department of Natural Resources or Lac du
Flambeau Tribal Police to collect forfeitures. The issuance of a citation shall not
preclude proceeding under any other ordinance or law relating to the same or any
other matter. Proceeding under any other matter shall not preclude the issuance of
a citation under this paragraph.
(3) Penalties for violating this ordinance may be assessed as follows:
(a) Any person who violates 24.207 shall be required to forfeit
$100 for a first violation and complete community service hours in
the area of solid waste or recycling not to exceed 10 hours, $200 for
a second violation and/or community service in the area of solid
waste or recycling not to exceed 40 hours and not more than $1000
for a third violation and/or community service in the area of solid
waste or recycling not to exceed 100 hours.
(b) Any person who violates any other part of this ordinance shall
forfeit not less than $100 nor more than $1000 and shall complete
community service hours in the area of solid waste or recycling for
not less than 2 hours nor more than 100 hours.
24.209 Responsibilities of Owners or Designated Personnel of Non-Residential
Facilities and Properties
(1) Owners and/or facility managers of non-residential facilities and
properties, including tribal offices, shall do all of the following for recycling
materials specified in above in Chapter 24.203 (1), 1-15:
(a) Provide adequate, separate containers for the recyclable
materials.
(b) Notify in writing. At least semi-annually, all users, tenants and
occupants of the properties about the established recycling program.
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(c) Provide for the collection of materials separated from the solid
waste by the users, tenants, and occupants and the delivery of the
materials to a recycling facility.
(d) Notify users, tenants and occupants of reasons to reduce, and
recycle, which materials are collected, how to prepare materials in
order to meet the processing requirements and collection methods or
sites.
(e) Shall carry a contract with the hauler detailing disposal fee's
name approved landfill and materials recovery facility, tonnage and
report of recyclables and garbage which can be obtained by the
landfill, MRF, or hauler themselves.
(2) Tribal Natural Resource Department shall maintain and conduct
public information and education programs to inform individuals, businesses, and
general public on recycling, waste reduction, reuse, solid waste issues, and general
pollution prevention awareness.
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