567—113.2  (455B)  Applicability and compliance.
	   113.2(1) All sanitary landfills accepting municipal solid waste must comply with the provisions of this chapter.
	   113.2(2) These rules do not encompass the beneficial use of by-products as alternative cover material. For rules pertaining to the beneficial use of by-products as alternative cover material, see 567—Chapter 108.
	   113.2(3) These rules do not encompass the management and disposal of special wastes. For rules pertaining to the management and disposal of special wastes, see 567—Chapter 109.
	   113.2(4) This chapter does not apply to MSWLF units that did not receive waste after October 9, 1994. The closure permit issued or the rules in effect at the time of closure shall govern postclosure activities for such MSWLF units.
	   113.2(5) This chapter does not apply to MSWLF units that stop receiving waste before October 1, 2007, and are not contiguous with MSWLF units that will continue to accept waste after October 1, 2007. For the purpose of this subrule, contiguous MSWLF units are those that adjoin, abut or have a common boundary or edge with one another or that utilize the same groundwater monitoring network system. The permit issued and the rules in effect at the time waste acceptance ceased shall govern postclosure activities for such MSWLF units except as follows:
	      a.    	  Financial assurance in accordance with rule 567—113.14(455B) shall be required.
	      b.    	  Owners or operators of MSWLF units described in this subrule that fail to complete cover installation within one year after October 1, 2007, will be subject to all the requirements of this chapter, unless otherwise specified.
	      c.    	  Surface water sampling in accordance with subrule 113.10(3) shall be required.
	      d.    	  MSWLF units subject to this rule shall perform groundwater sampling for the following parameters:
	       (1)  	  Routine semiannual water sampling parameters:
	      1. 	  Chloride.
	      2. 	  Specific conductance (field measurement).
	      3. 	  pH (field measurement).
	      4. 	  Ammonia nitrogen.
	      5. 	  Iron, dissolved.
	      6. 	  Chemical oxygen demand.
	      7. 	  Any additional parameters deemed necessary by the department.
	       (2)  	  Routine annual water sampling parameters:
	      1. 	  Total organic halogen.
	      2. 	  Phenols.
	      3. 	  Any additional parameters deemed necessary by the department.
	      e.    	  If the analytical results for a downgradient groundwater monitoring point do not fall within the control limits of two standard deviations above (or below for pH) the mean parameters, listed in subparagraphs 113.2(5)“d”(1) and (2), in a corresponding upgradient groundwater monitoring point and it cannot be demonstrated that a source other than an MSWLF unit caused the control limit exceedence, then the owner or operator shall comply with the groundwater assessment monitoring program requirements in subrule 113.10(6) and corrective action requirements in subrules 113.10(7), 113.10(8) and 113.10(9), if necessary.
	   113.2(6) MSWLF units containing sewage sludge and failing to satisfy the requirements of this chapter violate Sections 309 and 405(e) of the Clean Water Act.
	   113.2(7) Consideration of other laws. The issuance of an MSWLF permit by the department in no way relieves the permit holder of the responsibility of complying with all other local, state, or federal statutes, ordinances, and rules and other applicable requirements.
	   113.2(8) Closure of existing MSWLF units. [See Objection at end of chapter]
	      a.    	  Existing MSWLF units that cannot make the demonstration specified in paragraph 113.6(2)“a,” pertaining to airports, in 113.6(2)“b,” pertaining to floodplains, or in 113.6(2)“f,” pertaining to unstable areas, must close in accordance with rule 567—113.12(455B) and conduct postclosure activities in accordance with rule 567—113.13(455B).
	      b.    	  Existing MSWLF units that do not have an approved leachate collection system and a composite liner or a leachate collection system and an alternative liner modeled at an approved point of compliance shall cease accepting waste by October 1, 2007.
	      c.    	  Rescinded IAB 12/31/08, effective 2/4/09.
	      d.    	  Those portions of existing MSWLF units demonstrating placement of final cover in conformance with previously approved plans and specifications or regulations in effect at the time of such closure shall not be required to apply additional cover solely to achieve compliance with rule 567—113.12(455B).
	   113.2(9) Existing MSWLF units that continue accepting waste after October 1, 2007, shall submit an implementation plan to the department by January 31, 2008, that identifies how the MSWLF shall achieve compliance with these rules. The plan shall include a compliance schedule which shall not extend beyond January 31, 2011. This subrule shall not preclude compliance with subrule 113.2(8).
	   113.2(10) Compliance with amendments to these rules.
	      a.    	  Owners or operators of existing MSWLF units that have an approved leachate collection system and a composite liner or a leachate collection system and an alternative liner modeled at an approved point of compliance shall not be required to redesign or reconstruct the MSWLF units due to amendments to these rules subsequent to such approval unless the department finds that such facilities are causing pollution or that continued use of such facilities results in a vertical expansion on top of or against the side slopes of a previously filled noncompliant MSWLF unit. Prior to waste placement in the vertical expansion area, revised design plans shall be submitted to include construction of a separatory liner and leachate collection system that comply with all the requirements of subrule 113.7(5) to be placed between the area of vertical expansion and the underlying noncompliant MSWLF unit. The department, in conjunction with the MSWLF owner or operator, shall determine the maximum amount of time necessary for continued waste placement on top of or against the previously filled noncompliant MSWLF unit to achieve an adequate slope in order to maintain drainage of leachate to the leachate collection system after expected settlement. [See Objection at end of chapter]
	      b.    	  Except as authorized by subrule 113.2(9) and paragraph 113.2(10)“a,” if any new requirement conflicts with a provision of or an operating procedure prescribed in the engineering plans or the MSWLF permit, the facility shall conform to the new rule.
	   113.2(11) Equivalency review procedure.
	      a.    	  In approving a permit application under this chapter, the department may authorize, in writing, alternatives to the design requirements in this chapter only if, and only to the extent that, specific rules in this chapter expressly state that alternatives may be authorized under this chapter.
	      b.    	  An owner or operator requesting an alternative design under this chapter shall submit a request to the department prepared by an Iowa-licensed professional engineer. The request shall:
	       (1)  	  Identify the specific rule for which an equivalency alternative is being sought.
	       (2)  	  Demonstrate, through supporting technical documentation, justification and quality control procedures, that the requested alternative to the design requirements in the rules of this chapter will, for the life of operations at the facility, achieve the performance standards in that rule.
	      c.    	  No equivalency alternative will be approved unless the application affirmatively demonstrates that the following conditions are met:
	       (1)  	  The request is complete and accurate and the requirements of this subrule have been met.
	       (2)  	  The proposed alternative will, for the life of operations at the facility, achieve the performance standards in the rule for which the alternative to the design requirements in that rule is sought.
	       (3)  	  The proposed alternative will provide protection equivalent to the design requirements in this chapter for the air, water or other natural resources of the state of Iowa, and will not harm or endanger the public health, safety or welfare.
[Editorial change: IAC Supplement 2/25/09]