DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT

Solid and Hazardous Waste Commission/Hazardous Materials and Waste Management Division

6 CCR 1007-2
Part 1 - Regulations Pertaining to Solid Waste Sites and Facilities

(Adopted by the Solid and Hazardous Waste Commission on November 18, 2008)
1)  Amend Section 1.2 by adding the following definitions in alphabetical order to read as follows: 
Section 1.2 Definitions
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“Exploration and production waste” or “EP waste” means exploration and production waste, as that term is defined in section 34-60-103, C.R.S.  EP waste is currently defined as wastes that are generated during the drilling of and production from oil and gas wells or during primary field operations and that are exempt from regulation as hazardous wastes under subtitle C of the federal "Resource Conservation and Recovery Act of 1976", 42 U.S.C. sec. 6901 to 6934, as amended.
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“EP waste disposal facility” means a commercial solid wastes disposal site and facility that accepts the deposit of EP waste. 
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2) Amend Section 9.1 to read as follows: 
SECTION 9 WASTE IMPOUNDMENTS
9.1  REGULATED FACILITIES
These Section 9 regulations apply to waste impoundments that store, treat or dispose of liquid, semisolid or solid wastes, except as provided in 9.1.4 for facilities in operation prior to adoption of these regulations. Commercial exploration and production (EP) waste impoundments are regulated under Section 17 of these Solid Waste Regulations.
9.1.1  These Section 9 regulations do not apply to wastes which:
(A)  Are subject to a permit issued pursuant to the “Colorado Mined Land Reclamation Act”, CRS 1973, 34-32-101, et seq., as amended; or
(B)  Are subject to license issued pursuant to the “Radiation Control Act”, CRS 1973, 25-11-101, et seq., as amended; or
(C)  Are subject to a certificate of designation or permit issued pursuant to the “Hazardous Waste Act”, C.R.S 1973, 25-15-191, et seq., as amended; or
(D)  Are industrial discharges which are point sources subject to permits under the provisions of the “Colorado Water Quality Control Act”, CRS 1973, 25-8-101, et seq., as amended; or
(E)  Are subject to a consent order, decree or agreement or a written cooperative agreement issued pursuant to the “Solid Waste Disposal Sites and Facilities Act”, CRS 1973, 30-20-101, et seq., as amended, to the extent that the treatment, storage or disposal of such wastes in a waste impoundment is approved by the Department pursuant to such consent order, decree, agreement, or written cooperative agreement;
(F)  Are subject to an uncontested order, a consent order, decree or agreement; or a written cooperative agreement issued pursuant to the federal. “Comprehensive Environmental Response Compensation and Liability Act of 1980”, as amended, to which the Department is a signatory party, to the extent that the treatment, storage or disposal of such wastes in a waste impoundment is approved by the Department pursuant to such uncontested order, consent order, decree, agreement, or written cooperative agreement;
(G)  Will be beneficially reused; 
(H)	Are agricultural wastes; 
(I)	Are subject to the commercial exploration and production (EP) waste impoundment regulations under Section 17 of these Solid Waste Regulations; or 
(J)	Are subject to the requirements for oil and gas liquid waste impoundments regulated by the Oil and Gas Conservation Commission.
9.1.2  Reserved 
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3)  Add the new Section 17 to read as follows: 
SECTION 17
COMMERICAL EXPLORATION & PRODUCTION WASTE IMPOUNDMENTS

17.1  GENERAL PROVISIONS
17.1.1	Scope and Applicability:  This Section 17 applies to all commercial solid waste disposal sites and facilities with waste impoundments that accept exploration & production (EP) wastes for treatment, storage or disposal.  Included in the scope of this Section 17 are discrete impoundment units, containment systems, ancillary equipment and other associated operations at the facility.  In addition, Sections 1 and 2 of these Solid Waste Regulations are directly applicable to all such facilities unless specifically otherwise noted herein.  This Section 17 does not apply to exploration and production waste impoundments regulated by the Colorado Oil and Gas Conservation Commission.  Compliance with this Section 17 shall not relieve the facility owner or operator from his/her obligation to comply with the facility’s certificate of designation and any other applicable federal, state or local statute, regulation, requirement or ordinance.  
17.1.2	Effective Date:  This Section 17 was adopted by the Solid and Hazardous Waste Commission on November 18, 2008 and became effective on December 30, 2008.
17.1.3	Compliance Schedules
17.1.3(A) An application to amend a facility’s certificate of designation to incorporate the requirements of these Solid Waste Regulations must be filed by the owner or operator of existing commercial EP waste impoundment facilities with the local governing authority within three (3) months of the effective date of this Section 17.  If an existing facility does not have a certificate of designation, and one is required under 30-20-102 C.R.S., then the owner or operator of the facility must submit an application for certificate of designation to the local governing authority within three (3) months of the effective date of this Section 17.  
17.1.3(B) Within twenty-four (24) months of the effective date of this Section 17, all facilities must comply with these Solid Waste Regulations.
17.1.3(C) Within eighteen (18) months of the effective date of this Section 17, facilities that cannot meet the compliance schedule specified in 17.1.3 (B) must make a demonstration to the Department showing why this compliance schedule cannot be met, and must request an alternate schedule for coming into compliance with this Section 17.  Such extension shall be subject to Department approval, but the deadline for coming into compliance may be extended no later than thirty-six (36) months after the effective date of this Section 17 per the requirements of HB 08-1414.  

17.2  ENGINEERING DESIGN AND OPERATION PLAN
The owner or operator of each commercial EP waste impoundment shall submit an engineering design and operation plan to the Department and the Local Governing Authority for review and approval, prior to commencing impoundment construction, storage, treatment or disposal operations. The plan shall describe how the facility will comply with all applicable requirements in these Solid Waste Regulations.  
17.2.1 All portions of the facility design and site investigation shall be reviewed and sealed by a Colorado registered professional engineer or reviewed and signed by a professional geologist, as appropriate.
17.2.2 The engineering design and operation plan shall include the following subject areas, at a minimum:
17.2.2(A) General Information
(1)	Owner and Operator mailing address, county and legal description of the solid waste disposal facility;
(2)	Site area, in acres;
(3)	Type of treatment, disposal, storage and containment features, monitoring and operational practices to be used at the facility; and
(4)	Discussion of facility’s service area, including transportation corridors and surrounding access.
17.2.2(B) Site Investigation
17.2.2(B)(1) Geologic Data:  The engineering design and operations plan shall include, at a minimum, the following geologic data:
(a) Types and regional thickness of unconsolidated soils and materials;
(b) Types and regional thickness of consolidated bedrock materials; and
(c)  Regional and local geologic information, including but not limited to bedrock strike and dip, fracture patterns, slope stability, fracturing, faulting, folding, rockfall, landslides, subsidence or erosion potential, that may affect the design and operation of the facility for solid wastes disposal.
17.2.2(B)(2) Hydrologic data.  The engineering design and operations plan shall include, at a minimum, the following hydrological data:
(a) Lakes, rivers, streams, springs, or bogs, on-site or within two (2) miles of the site boundary;
(b) Depth to and thickness of perched zones and uppermost aquifers;
(c) Groundwater wells within one (1) mile of the site boundary, including well depth, depth to water, screened intervals, yields and the aquifers tapped;
(d) Hydrologic properties of the perched zones and uppermost aquifer, including flow directions, flow rates, porosity, coefficient of storage, permeability, limits of saturation and potentiometric surface;
(e) Site location in relation to the base floodplain of nearby drainages;
(f) The separation between the wastes to be impounded and the uppermost water-bearing zone, perched or otherwise;
(g)	An evaluation of the potential for impacts to existing surface water and ground water quality from each of the proposed impoundment units and ancillary equipment, if more than one, or the facility if only one unit exists;
(h)	The existing quality of ground water beneath the proposed facility;
(i) Any other associated factors related to the time of travel from the midpoint of each cell to the point of compliance;
(j) Climatic factors;
(k) The estimated volume, physical and chemical characteristics of the waste;
(l) The distance ground water beneath the site would flow during the facility's operating life and post-closure care period; and
(m)	The distance to existing domestic wells or springs and proposed future development shown to use the uppermost aquifer or monitored unit down gradient of the site.
17.2.2(C) Facility Design:  The engineering design and operations plan shall include specific design details for each solid waste impoundment and all associated structures and ancillary equipment used to store, treat or dispose of solid waste. 
17.2.2(C)(1) Engineering Data. The engineering design and operations plan shall contain, at a minimum, the following engineering data:
(a)	The types and quantity of material(s) that will be required for use as liner material in the upper and lower components of the liner system;
(b)	Maps and plans, drawn to a common recognized engineering scale, that show the following;
(i)	The location and depth of cut or fill for liners;
(ii)	The location, dimensions and grades of all surface water control structures;
(iii)	The location and dimensions of all surface water containment structures, including those designed to impound contaminated runoff, sludge, or liquids for treatment;
(iv)	The spatial distribution of engineering, geologic and hydrologic data, and relationship to the proposed facility and each individual impoundment unit;
(v)	The location of all proposed facility structures and access roads;
(vi)	The location of all proposed monitoring points for surface water and ground water quality;
(vii)	The final contours and grades of the reclaimed site after closure;
(viii) The location of fencing or other access control features to be placed on-site;
(ix)	The location of each proposed phase of development; and
(x)	The design details of the impoundment liner including size and total volume at capacity.
17.2.2(C)(2) Liner System Design Specifications:  The engineering design and operation plan shall provide the following specifications relative to each liner system component:
(a)	Compacted Clay Liner:  
i) Compaction; 
ii) Density; 
iii) Moisture content; and
iv) The design hydraulic conductivity.
(b)	Flexible Membrane Liner:
i) The selected flexible membrane liner product;
ii) Thickness; 
iii) Manufacturer Specifications; and
iv) Evidence demonstrating compatibility with all waste streams proposed to be managed in the waste impoundment.
17.2.2(C)(3) Demonstration of Groundwater Protection:  Impoundment facilities shall demonstrate that the design proposed for the facility complies with all applicable sections of this Section 17, and complies with Sections 2.1.15 and 2.2 of these Solid Waste Regulations and Regulation 41 (5 CCR 1002-41).  Such demonstration shall include the following information:
(a)	Liner hydraulic conductivity;
(b)	Thickness of each liner type;
(c)	Slope of the liner layer;
(d)	Hydraulic head on the liner;
(e)	The waste or waste streams to be impounded, including their constituent toxicity, mobility and persistence in the environment;
(f)	Distance from the midpoint of each cell to relevant point of compliance at the downgradient edge of each impoundment;
(g)	Distance to, and characteristics of, the uppermost aquifer or monitored unit;
(h)	Climatic factors;
(i)	The estimated volume and physical and chemical characteristics of the wastes to be impounded;
(j)	The chemical compatibility of the wastes to be impounded with the liner; and
(k)	The development and installation of a groundwater monitoring system.
17.2.2(C)(4) Monitoring System and/or Leak Detection System:  Construction details shall be provided for all proposed monitoring points for surface water and groundwater quality and the monitoring system used to make volume and freeboard determinations.
17.2.2(C)(5) Ancillary Storage:  Facilities which include tanks or tank systems, or other ancillary storage and treatment equipment, must include plans, design criteria and specifications for each waste storage and waste treatment device in the facility’s engineering design and operations plan.  
17.2.2(D) Construction:  The design and operation plan must include a quality assurance and quality control plan (QA/QC) for all engineered structures and appurtenances.  The QA/QC Plan must be reviewed and approved by the Department and governing authority prior to commencing construction of any waste management features at the facility.
17.2.2 (E) Facility Operations:  The engineering design and operations plan shall include specific operational details for each solid waste impoundment and all associated structures or ancillary equipment used to store, treat or dispose of solid waste.  The plan shall also include the following operational data, at a minimum:
(1)	The names, qualifications and addresses of the persons operating the facility and having the authority to take corrective action in the event of noncompliance;
(2)	The business hours for the facility;
(3)	Access control measures, including the types and height of fencing to be placed onsite;
(4)	A listing of the waste stream types to be approved for routine receipt and anticipated volumes in barrels or gallons/per day of wastes to be received;
(5)	The expected life of the site or unit;
(6)	The number and job descriptions of personnel projected to be employed at the impoundment facility when operating;
(7)	Type of equipment projected to be used at the facility;
(8)	The size (surface area and volume) and types of impoundments or processing areas to be constructed;
(9)	Provisions to minimize nuisance conditions on-site and prevent nuisance conditions from occurring off-site;
(10) Provisions for fire protection, including the amounts and sources of onsite water available to be used for fire protection; and
(11) Facility inspections, both the frequency of inspections by the operator and associated written documentation of the condition of impoundment embankments and related piping or structures.
17.2.2(F) Contingency Plan:  The Engineering Design and Operation Plan shall include a contingency plan. The plan shall describe what actions will be taken should one of the situations below occur.  The plan must be implemented as described in Section 17.3.3(L), to address the following situations:  
(1)	Plans to be implemented in the event of a release from the impoundment resulting in potential contamination of surface waters or groundwater;
(2)	Plans to be implemented if liquids are discovered in the leak detection system; and
(3)	Conditions of non-compliance with these Solid Waste Regulations or the facility’s approved plans necessitating corrective action.
17.2.2(G) Waste Characterization Plan:  The plan shall contain the following sections at a minimum:
(1) 	A description of how the facility will comply with 2.1.2 of these Solid Waste Regulations;
(2) 	Provision for annual profiling and analysis of waste streams and of impoundment contents consistent with Sections 17.3.3(C)(2) and 17.3.3(C)(3); and
(3) 	Provision for random sampling of incoming wastes by the facility consistent with Section 17.3.3(C)(4).
17.2.2(H) Personnel Training Plan:  The facility shall develop a personnel training plan based on job responsibilities and duties that includes the following provisions:
(1)	Job-specific annual training in the facility’s design and operation plan, including all attachments to the plan and all documents referenced in the plan that are relevant to operational compliance, and
(2)	Job-specific annual training in the recognition of hazardous and prohibited wastes.
17.2.2(I) Sitewide Monitoring Plan:  The facility shall develop a sitewide monitoring plan, inclusive of groundwater monitoring, stormwater monitoring, ancillary equipment (if present), leak detection monitoring and monitoring of liquid wastes.

17.3  DESIGN, CONSTRUCTION AND OPERATION REQUIREMENTS
A liner system is required by statute for all commercial solid waste disposal sites and facilities managing EP waste.  
17.3.1 Design Requirements
17.3.1(A) Liner System
17.3.1(A)(1) Liner Requirements:  The statutory performance requirement for EP waste disposal facilities is to prevent migration of EP waste to groundwater.  Therefore, each waste impoundment covered by this section shall be lined with a composite liner as described in Section 17.3.1(A)(2) or a double liner system as described in Section 17.3.1(A) (3), and the facility design must include leak detection monitoring in accordance with Section 17.3.1(C) to prevent the migration of EP waste or EP waste constituents to groundwater.  The owner or operator of the facility shall demonstrate, to the Department and the local governing authority, that the design developed for the facility will comply with this Section 17 and Sections 2.1.15 and 2.2 of these Solid Waste Regulations, and with Regulation 41 (5 CCR 1002-41).  Such demonstration shall be subject to Department approval.  
17.3.1(A)(2) Composite Liner System:  A composite liner shall consist of an upper and lower component. 
(a)	The upper component shall consist of a minimum 60-mil high-density polyethylene (HDPE). The upper component shall be installed in direct and uniform contact with the compacted soil component; and 
(b)	The lower component shall consist of at least a two-foot layer of compacted soil with a hydraulic conductivity less than or equal to 1 X 10-7 cm/sec. 
17.3.1(A)(3) Double liner system:  A double liner consists of two liner systems separated by a drainage or leak detection layer.  Each of the liner systems may be comprised of a single or composite liner configuration.  At a minimum, a) one of the liner systems must incorporate a 60-mil HDPE or equivalent liner material as one of its liner components, and b) the other liner system must be equivalent to a two-foot layer of compacted soil with a hydraulic conductivity less than or equal to 1 x 10-7 cm/sec. The drainage layer between the liner systems contains transmissive material such as sand, gravel or a synthetic drainage blanket, and conveys liquid to a sump from which it can be extracted.  This type of liner incorporates leak detection capability directly into the design, and may warrant the Department’s consideration of a modified Appendix B groundwater monitoring program.
17.3.1(A)(4) Separation from Groundwater:  At a minimum, the facility shall ensure a separation of twenty (20) feet between the bottom of the liner system and the uppermost occurrence of groundwater.  
17.3.1(A)(5) Alternative liner designs: Alternative liner designs that perform in an equivalent manner to the Section 17.3.1 (A) (2) or (A)(3) liner systems may be approved by the Department and the local governing authority based on a demonstration of alternate liner design’s equivalent performance, the waste type and site specific technical information. At a minimum, the upper liner component shall be a 60-mil HDPE or equivalent synthetic liner. Proposals for alternative designs shall also demonstrate that the facility can comply with Sections 2.1.15 and 2.2 of these Solid Waste Regulations, and with Regulation 41 (5 CCR 1002-41).
17.3.1(B) Mandatory Set-Backs:  For EP waste disposal facilities whose application for certificate of designation is submitted to the local governing authority after the effective date of this Section 17, the facility must have a mandatory set-back of one-half mile from all residences, educational facilities, day-care centers, hospitals, nursing homes, jails, hotels, motels, other occupied structures, or outside activity areas such as parks and playing fields.
17.3.1(C) Leak Detection Monitoring System: All EP waste impoundments must include leak detection monitoring consistent with the liner design specific to that impoundment. 
17.3.1(C)(1): Composite single liner systems must incorporate one of the following:
(i) Vadose Zone Monitoring (wet/dry wells);
(ii) Resistivity net;
(iii) Downgradient impoundment edge groundwater monitoring; or
(iv) Other equivalently protective system as approved by the Department.
17.3.1(C)(2) Double liner system:  The leak detection is incorporated into the interstitial drainage layer.  Sampling of leak detection liquids must be performed immediately upon discovery.  Downgradient point-of-compliance groundwater monitoring shall be conducted, as necessary, based upon history of impoundment liquids detected in the leak detection system.
17.3.1(D) Continuous Freeboard Monitoring:  All waste impoundment facilities or units shall be equipped with a means to, at all times, quickly and accurately determine the total volume of waste and amount of freeboard in each impoundment.
17.3.1(E) Access Control:  Each waste impoundment covered by this section shall be equipped with fencing and netting to prevent the public and wildlife from accessing the waste disposal facility.  Facilities shall control public access, prevent unauthorized access and provide for site security both during and after business hours, and prevent illegal dumping of wastes.  Effective artificial barriers or natural barriers as approved by the Department may be used in lieu of fencing.
17.3.1(F) Stormwater Control:  Each waste impoundment shall be designed, constructed and maintained to provide:  (1) a run-on control and diversion structures to prevent flow into the unit from a 25-year, 24-hour storm, (2) a run-off control system to collect runoff from a 25-year, 24-hour storm and control run-off from a 100-year, 24-hour storm.  Precipitation that cannot be diverted from the impoundment, and therefore comes in contact with impounded waste, shall be managed as solid waste.  Each impoundment shall be designed, constructed and maintained to prevent damage to the containment structure from erosion.
17.3.1(G) Embankment Durability:  Embankments shall be designed to eliminate erosion and to withstand deterioration caused by the impounded waste.
17.3.2 Construction Requirements
17.3.2(A) Waste impoundments shall be constructed according to Department-approved detailed design plans, specifications and criteria.  The owner or operator of each facility shall develop and implement a Quality Assurance/Quality Control (QA/QC) program to demonstrate that each engineered containment structure at the facility has been constructed in accordance with the facility’s approved Engineering Design and Operation Plan and the facility’s approved QA/QC Plan.   
17.3.2(B) Synthetic liners shall be installed according to the manufacturer's instructions, which shall be submitted as part of the facility’s engineering design and operations plan.
17.3.2(C) The construction will be tested and evaluated using quality control and quality assurance measures and methods specified in the facility’s approved Engineering Design and Operation Plan and QA/QC Plan. The resulting QA/QC information, including daily visual observations, moisture, density and hydraulic permeability test results, shall be submitted as part of a construction certification report to the Department and local governing authority for review and approval.
17.3.2(D) During construction and prior to the addition of liquid wastes, liner systems shall be protected from erosion, desiccation, drying, UV degradation or other damage.
17.3.2(E) At least ninety (90) calendar days prior to the commencement of waste acceptance into the impoundment facility, the owner or operator of the facility shall submit the construction certification report to the Department and the local governing authority. This report shall certify that the construction has been completed in accordance with the facility’s approved engineering design and operation plan and approved QA/QC Plan.  The construction certification report shall be signed and sealed by a Colorado registered professional engineer and shall be subject to Department approval prior to the acceptance of waste.  Nothing in these Solid Waste Regulations precludes separate review and approval by the local governing authority as well.  Construction certification reports shall be developed, approved and implemented for all engineered structures and ancillary equipment used to manage solid waste at the facility.
17.3.3 Operating Requirements
17.3.3(A) Compliance with Approved Plans:  Operation of waste impoundments shall be in accordance with all approved plans, and with the minimum standards found in Sections 1, 2 and 17 of these Solid Waste Regulations.
17.3.3(B) Commingling of Wastes:  Incompatible wastes shall not be commingled.
17.3.3(C) Waste Characterization:  
17.3.3(C)(1) The owner or operator of commercial EP waste disposal facilities shall develop and implement waste analysis procedures to ensure that only EP waste is disposed of at the facility. The disposal of waste streams different from those originally approved shall constitute a significant change in operation and require an approval by the Department and the local governing authority prior to acceptance at the facility.  An amendment to the facility’s certificate of designation may be required.
17.3.3(C)(2) The owner or operator of each commercial EP waste impoundment facility shall initially profile and then conduct annual testing on each waste stream entering the facility, including, at a minimum, waste from each well and/or each tank battery and each drilling location, to demonstrate conformance with the original analyses.  Each facility must also ensure that EP waste generators using the facility notify the facility when there has been a change in their processes or waste composition.    
17.3.3(C)(3) The owner or operator of each EP waste disposal facility shall analyze at least one sample of the contents of each impoundment annually for the suite of analytes included in Appendix II of the Solid Waste Regulations.  Such analysis shall be performed using appropriate methods as specified in the site-wide monitoring plan to provide an accurate representation of constituents and concentration levels found in the waste.  If the impounded wastes are subject to stratification, a separate sample shall be taken from each representative level, including settled sludge and oil or other surface accumulation.   
17.3.3(C)(4) Annual testing of unannounced grab samples shall be taken from random vehicles entering the facility and analyses conducted for the original or approved amended list of parameters.  If any waste is found to differ from the original analysis, the Department and local governing body having jurisdiction shall be notified in writing within seven (7) calendar days, and a request to modify the design and operation plan submitted to the Department and local governing authority for review and approval prior to continuing acceptance the identified waste stream.
17.3.3(C)(5) EP waste disposal facilities shall not receive hazardous waste and will conduct waste profiling in accordance with Section 2 and their approved waste characterization plan (as amended to conform to this Section 17).
17.3.3(D) Liner Protection:  The owner or operator of EP waste disposal facilities shall maintain the integrity of liners by prevention of damage through uncontrolled or improper discharge of wastes into the impoundment, vehicle traffic, dredging of settled sludge, skimming and maintenance of spray systems erosion, desiccation, drying, UV degradation or other damage or other actions.
17.3.3(E) Removal of Surface Accumulation:  All evaporative impoundments shall be safeguarded and maintained free of oil or other surface accumulations.  Any accumulation of oil or surface accumulations shall be removed within twenty-four (24) hours of discovery.  Discovery and removal dates and times shall be documented.
17.3.3(F) Leak Detection Monitoring:  Per statutory requirement, EP waste disposal facilities shall conduct monitoring not only to detect, but also to prevent, releases that impact groundwater.  If the liner design incorporates a double liner system, this can be readily accomplished through monitoring of the drainage layer.  However, if the liner design consists of a single composite liner, monitoring to provide leak detection capability must be implemented in accordance with Section 17.3.1(C) beneath or adjacent to the impoundment.  
17.3.3(G) Groundwater Monitoring:  The owner or operator of a commercial EP waste impoundment facility shall conduct groundwater monitoring in accordance with a Department-approved groundwater monitoring plan.  Monitoring parameters shall be established based on the hydrogeologic data related to the site, the type of waste stream(s) accepted at the facility and waste characterization results.
17.3.3(H) Surface Water Monitoring:  Surface water monitoring, including monitoring of seeps, is required where seepage has been detected or other releases have been identified.
17.3.3(I) Continuous Fluid Level Monitoring:  Continuous fluid level and freeboard level monitoring is required for each impoundment.  Maximum liquid level shall be measured continuously so that each impoundment has a minimum of two (2) feet of freeboard, measured from the lowest elevation berm of a specific impoundment to the upper surface of the impounded waste.  Fluid level measurement points for each impoundment shall be established, and continuously maintained.
17.3.3(J) Mass Balance:  To ensure the accuracy of the method used for monitoring fluid level and to check for potential liner leaks, monthly monitoring of total volume for each impoundment shall occur.
17.3.3(K) Attendant: Commercial EP waste impoundment facilities shall maintain at least one trained attendant on site during scheduled business hours and when accepting waste.
17.3.3(L) Contingencies:  
The owner or operator shall develop, implement and maintain an approved contingency plan (See Section 17.2.2(F), engineering design and operation plan) to be implemented in the following situations:  1) an unplanned release from the containment system, 2) leachate observed in the leak detection system and 3) conditions of noncompliance with approved plans or certificate of designation or the Solid Waste Regulations necessitating corrective action.   The contingency plan must contain provisions for assessing the full nature and extent of release to delineate the impact to soil, groundwater or surface water, for remedying such impact, and for returning the facility to compliance. If a facility has an approved Spill Prevention Control and Countermeasures (SPCC) Plan, then the Department will accept a modified approved SPCC Plan that also incorporates the additional requirements as specified in these Solid Waste Regulations.  If the facility does not have an approved SPCC Plan, then the Contingency Plan must include all of the provisions identified in this Section 17 of the Solid Waste Regulations.   
17.3.3(L)(1) As part of the facility’s implementation of the contingency plan, the owner or operator shall take the following actions, at a minimum:
(a)	Cease adding waste into the impoundment;
(b)	Close and empty the impoundment to repair leaks; and/or
(c)	Remove any liquid from the leak detection system on a daily basis, or more frequently as necessary; and
(d)	Measure and record the volume of waste removed.
17.3.3(L)(2) The owner or operator shall notify the Department and the local governing authority within twenty-four (24) hours of any identified release from a waste impoundment or ancillary equipment or any incident requiring implementation of the Contingency Plan.  Within seven (7) calendar days of the incident, the owner or operator shall provide written notification outlining immediate actions taken.
17.3.3(L)(3) A detailed written assessment of the impact of leakage, repair completion and verification, and the need for additional monitoring and proposed corrective action shall be submitted by the owner/operator within forty five (45) calendar days to the Department and local governing authority.  Repairs affecting an engineered feature at the facility must be certified by a Colorado registered P.E, in accordance with 17.3.2(E)
17.3.3(M) Facility Inspections:  The owner or operator of the facility shall implement a weekly facility inspection program.  The inspection provisions shall cover all waste treatment, disposal, containment and storage features at the facility, including tanks and ancillary equipment.  At a minimum, these inspections shall examine ground movement, cracks, erosion, leaks, equipment connections, influent and effluent locations, rodent burrows, vegetation growing on a liner system, damage to ancillary equipment, spills, detection of liquids in sumps, fires or explosions, or other events or problems which could affect the operation of the facility or jeopardize the integrity of an impoundment. Leak detection and collection systems shall also be inspected weekly for the presence of any liquids. If liquids are detected, samples shall be taken and analyzed immediately, and a determination made, as to the source of the liquid in the leak collection system.  Other aspects of the waste containment system, including tanks and ancillary equipment, shall be inspected on a weekly basis as well.
17.3.3(N) Financial Assurance:  Financial assurance of an adequate amount to cover closure and post-closure care costs shall be established in accordance with Section 1.8 of these Solid Waste Regulations.

17.4  RECORDKEEPING AND REPORTING REQUIREMENTS
17.4.1 Availability of Records:  Monthly summary records of waste receipts shall be maintained for a minimum of three (3) years during the operating life of the facility documenting the origin, volume in storage, shipment to other facilities, and rate of disposal of all wastes. All records, including but not limited to facility inspection logs, daily depth/volume readings, precipitation, waste and monitoring analyses, freeboard and load receipts shall be maintained on-site unless otherwise approved by the Department.  Those records shall be available for inspection by representatives of the Department and the local governing authority during regular business hours.
17.4.2 Evaporative Treatment:  The owner or operator of a facility employing forced evaporative treatment shall calculate and record on a quarterly basis the total volume of all wastes treated and evaporated in each impoundment.
17.4.3 Incoming Waste Shipments:  Each shipment of solid waste being disposed of at a waste impoundment facility which is subject to the Solid Waste Regulations and the Act shall be registered, with the following information entered on a single receipt or manifest: 
(A) Date and time; 
(B) Receiving impoundment identification;
(C) Quantity; 
(D) Type of waste; 
(E) Location produced;
(F) Waste generator;
(G) Hauler and truck number; and
(H) Driver's name and signature.
17.4.4 Record Retention:  Each waste impoundment facility shall maintain the following records:
(A) Individual load receipts for at least three (3) years.
(B) Monthly summaries shall be maintained for a minimum of three (3) years during the operating life and post closure care period of the facility. Monthly summaries for each impoundment shall contain the following: (1) total volume of each waste stream disposed, and (2) waste stream identification(s).
17.4.5 Annual Report:  Each commercial EP waste impoundment facility shall submit an annual report by March 1st of each year to the Department and local governing authority.  The annual report shall include:
(A)	The total volume received for each waste type during the previous calendar year;
(B)	Waste removed from the facility during the previous calendar year;
(C)	Any planned or unplanned releases from an impoundment unit at the facility during the previous calendar year; and
(D)	Documentation regarding all hazardous waste screening of the impoundments and random load screening documentation.
17.4.6 Routine Monitoring:  All monitoring data shall be documented in the facility’s operating record.
17.4.7 Measurement Points:  Each measurement point for each impoundment shall be established, recorded in the operating record and continuously maintained in accordance with Section 17.2.2(C)(4).
17.4.8 Fluid level measurement points for each impoundment shall be maintained in the facility operating record.
17.4.9 Mass Balance:  Documentation of monthly total volume monitoring conducted to check for leakage shall become part of the facility’s operating record. 
17.4.10 Waste Characterization:  Waste characterization results indicating excursions from the facility’s approved plans, such as inadvertent receipt of unapproved wastes, shall trigger notification in writing to the Department and the local governing authority within seven (7) calendar days after receipt of such results by the owner or operator.  
17.4.11Contingency:  Contingency notification and reporting shall be conducted as required in Section 17.3.3(L).  Notification within twenty-four (24) hours to the Department and local governing authority and written notification within seven (7) calendar days of the incident outlining immediate (within 24 hours of any identified release) actions taken.  The facility shall submit to the Department and the local governing authority a detailed written assessment of any situation requiring implementation of the facility’s contingency plan within forty-five (45) calendar days of the occurrence. 
17.4.12	Inspections
Records shall be maintained that fully document all inspections, damage, repairs and repair verifications to impoundments, the liners systems or ancillary equipment.  Such documentation shall be inclusive of all requirements of Section 17.3.3(M).  Written notification shall be provided to the Department and local governing authority within seven (7) calendar days after discovery of such liner damage or other event which affects the operation and environmental protectiveness of the facility.

17.5  CLOSURE
17.5.1: The owner or operator of an impoundment facility shall develop a closure plan, which meets the following minimum criteria: 
17.5.1(A) The closure plan shall be prepared as part of the Engineering Design and Operations plan and shall describe the steps necessary to close the impoundment facility at any point during its active life.  If at any time a facility ceases operation, including the discontinued receipt, treatment or processing of waste for more than thirty (30) calendar days, the owner or operator shall notify the Department and local governing authority and unless otherwise approved by the Department and the governing body, the owner or operator must begin implementation of its Closure Plan in accordance with the approved schedule required in 17.5.1(B)(1). 
17.5.1(B) The closure plan, at a minimum, shall include the following information:
(1)	A schedule for implementing all activities associated with the closure process, with any change to this schedule requiring Department approval;
(2) Provisions for removal of all equipment at the site;
(3)	Provisions for removing all liquid wastes from the impoundments;
(4)	Proposed plans and procedures for sampling and testing soil and groundwater at the site; 
(5)	Background Study: Provisions for conducting a background constituent concentrations study prior to receipt of waste at the Facility or on a schedule approved by the Department.  The Background Study must include, at a minimum, the following:
a. Sampling Plan;
b. Analysis Plan; 
c. Data Evaluation Plan; 
d. Recommendations;
e. A description of anticipated post disposal land use; and
f. A schedule for completing all activities necessary to satisfy implementation of the Background Study. 
(6)  Closure Verification Study: Provisions for sampling and analyses of residual materials following removal of all liquid wastes from the impoundments, such as sludge and soil, for potential hazardous characteristics.  The soils and residual materials sampling and analyses results will be compared against appropriate protective remediation goals or levels established in the Background Study on a case-by-case basis for establishing acceptable residual levels as approved by the Department.  The Closure Verification must include, at a minimum, the following:
a. Sampling Plan;
b. Analysis Plan; 
c. Data Evaluation Plan; 
d. Recommendations;
e. A description of anticipated post disposal land use; and
f. A schedule for completing all activities necessary to satisfy implementation of the Closure Verification Study.
(7)  Provisions for final disposal of all soils, sludges, or other wastes that exceed the acceptable residual levels approved by the Department.  
17.5.2  Owners or operators of all impoundment facilities shall submit a report to the Department within sixty (60) calendar days of completing final closure activities.  The report shall summarize the volume of each waste stream disposed in each impoundment, and list the name, address and phone number of person(s) responsible for post closure control of the facility. 
17.5.3 Discrete units of the impoundment facility may be closed independently of closure of the entire facility.
17.5.4 At least sixty (60) calendar days in advance of the proposed closure date, the owner or operator must notify the Department and the local governing authority and place signs of suitable size at the entrance to the site and facility.
17.5.5 The owner or operator of the facility must complete closure activities of the facility in accordance with the closure plan and within one hundred eighty (180) calendar days following the final receipt of waste. Extensions of the closure period may be granted by the Department if the owner or operator demonstrates that closure will take longer than one hundred eighty (180) calendar days and the owner/operator has taken and will continue to take all steps to prevent threats to human health and the environment.
17.5.6 Following closure of an impoundment facility, the owner or operator shall:
17.5.6(A) Record a notation on the deed to the facility property, or some other instrument that is normally examined during title search; and
17.5.6(B) Notify the Department and the local governing authority that a notation has been recorded on the deed and a copy has been placed in the operating record.  The notation on the deed must in perpetuity notify any potential purchaser of the property that:
(1) The land has been used as an impoundment facility; and
(2) Its use may be restricted.  The Department after consultation with the local governing authority may grant permission to remove the notation from the deed if all wastes and residual contamination are removed from the facility.
17.5.7 A closure certification report is required to be submitted within sixty (60) calendar days of completion of closure activities which documents all the requirements and conditions of the closure plan have been achieved.  The Report must be signed and sealed by a Colorado registered professional engineer and is subject to review and approval by the Department.

17.6 POST-CLOSURE CARE AND MAINTENANCE
17.6.1	Following closure of the impoundment facility the owner or operator must conduct post-closure care, which shall consist of at least the following:
(A)  Provisions to prevent nuisance conditions;
(B)	Maintaining the integrity and effectiveness of the final cover, should waste be closed in place, including making repairs to the cover and replanting vegetation as necessary;
(C)	Monitoring ground water in accordance with the requirements of Section 2.2 and maintaining the groundwater monitoring system, if applicable;
(D)	Name, address, and telephone number of the person or office to contact about the facility during the post-closure period; and
(E)	A description of the planned uses of the property during the post-closure period. Post-closure use of the property shall not disturb the function of the monitoring systems unless reviewed and approved by the Department.
17.6.2	Following completion of the post-closure care period the owner or operator must submit a certification signed by an independent Colorado registered professional engineer for approval by the Department and the local governing body having jurisdiction, verifying that post-closure care has been completed in accordance with the post-closure plan and has been placed in the operating record.
17.6.3	Post-closure care must be conducted for a minimum of thirty (30) years. The length of the post-closure care period may be:
(A) Decreased by the Department after consultation with the local governing authority if the owner or operator demonstrates that the reduced period is sufficient to protect human health and the environment; or
(B) Increased by the Department after consultation with the local governing authority if it is determined that the lengthened period is necessary to protect human health and the environment.