§ 20680. CIWMB - Daily Cover. [T14:s17682, 17258.21]
(a) Except as provided in ¶(b), (f) and s20690, the owners or operators of all municipal solid waste landfill units shall cover disposed solid waste with a minimum of six inches of compacted earthen material at the end of each operating day, or at more frequent intervals if necessary, to control vectors, fires, odors, blowing litter, and scavenging. For the purposes of this section, the operating day shall be defined as the hours of operation specified in the solid waste facility permit, and may extend for more than 24 hours if operations are continuous.
(b) The EA, with concurrence by the CIWMB, may grant a temporary waiver from the requirements of ¶(a) if the owner or operator demonstrates that there are extreme seasonal climatic conditions that make meeting such requirements impractical.
(c) Earthen material or alternative cover materials of alternative thickness shall be placed over all surfaces of disposed solid waste for other than municipal solid waste landfill units, as required by the EA to control vectors, fires, odors, blowing litter, and scavenging without presenting a threat to human health and the environment.
(d) For the purposes of this section, earthen material shall include contaminated soil as defined in Title 14, California Code of Regulations, s17361(b), and soil with contaminants other than petroleum hydrocarbons which has been approved for use as landfill daily cover by the RWQCB, and any other governmental agencies from which approval is required, such as the Department of Toxic Substances Control and Air Pollution Control District or Air Quality Management District.
(e) For waste classification, composition, and liquid percolation requirements of daily cover, refer to the SWRCB requirements set forth in s20705 of this article.
(f) For those MSWLFs that accept for disposal 20 tons or less of municipal solid waste per day based on an annual average, the EA, with concurrence by the Board, may establish alternative frequencies for daily cover after consideration of the unique characteristics of small communities, climatic and hydrogeologic conditions, and protection of human health and the environment. Any proposal to allow an alternative frequency shall be available for public review for a minimum of 30 days to allow affected parties the opportunity to comment. Documentation of the considerations, public comment and Board concurrence for any alternative frequency shall be placed in the operating record. The Executive Director or the EA may condition, limit, suspend, or terminate an operator's use of an alternative monitoring frequency if it is determined that the alternative frequency would cause harm to public health and safety, or the environment.(1. New section filed 6-18-97; operative 7-18-97 (Register 97, No. 25). 2. Amendment filed 11-5-97; operative 11-5-97 pursuant to Government Code section 11343.4(d) (Register 97, No. 45). 3. Amendment of subsections (a) and (c), new subsection (f) and amendment of Note filed 10-28-98 as an emergency; operative 10-28-98 (Register 98, No. 44). A Certificate of Compliance must be transmitted to OAL by 2-25-99 or emergency language will be repealed by operation of law on the following day. 4. Amendment of subsections (a) and (c), new subsection (f) and amendment of Note refiled 2-25-99 as an emergency; operative 2-25-99 (Register 99, No. 9). A Certificate of Compliance must be transmitted to OAL by 6-25-99 or emergency language will be repealed by operation of law on the following day. 5. Certificate of Compliance as to 2-25-99 order transmitted to OAL 6-24-99 and filed 7-12-99 (Register 99, No. 29).)
Note: Authority cited: Sections 40502, 42245, 43020, 43021 and 43030, Public Resources Code. Reference: Sections 40508, 43020, 43021 and 43103, Public Resources Code; and Title 40, Code of Federal Regulations, Section258.21.
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