CLEAN HARBORS LONE MOUNTAIN, LLC LONE MOUNTAIN … · The notice must also be broadcast over local radio stations, and mailed to the people on the mailing list by the same deadline

CLEAN HARBORS LONE MOUNTAIN, LLC

LONE MOUNTAIN FACILITY

MAJOR COUNTY, OKLAHOMA

POST-CLOSURE PERMIT

OKD065438376

ISSUED BY

OKLAHOMA DEPARTMENT OF ENVIRONMENTAL QUALITY

LAND PROTECTION DIVISION

Month xx, 2017

CLEAN HARBORS-LONE MOUNTAIN, LLC

LONE MOUNTAIN FACILITY

FACT SHEET

Potential Draft Permit Conditions for the renewal of Resource Conservation and Recovery Act (RCRA)

Post-Closure Permit. This is a Tier II Permit Action (Post-Closure Draft Permit).

Type of Proposed Action: Renewal RCRA Post-Closure Permit.

Type of Facility: Hazardous Waste Treatment, Storage and Disposal Facility.

Facility Name: Clean Harbors Environmental Services, LLC Lone Mountain Facility.

EPA ID Number: OKD065438376

Location: South of Waynoka, about 5 miles East and 1 mile North of the junction

of U.S. Highway 281 and U.S. Highway 412 (formerly Oklahoma

Highway 15).

Legal Description: 1. South Half (S/2) of Section 28, Township 23 North, Range 15

West;

2. The Northeast Quarter (NE/4) of Section 33, Township 23

North, Range 15 West;

3. The North Half of North Half of the Southeast Quarter

(N/2N/2SE/4) of Section 33, Township 23 North, Range 15

West; and

4. The South Half of the North Half of Southeast Quarter

(S/2N/2SE/4) of Section 33, Township 23 North, Range 15

West, Major County, Oklahoma.

Geographic Location: Latitude: 360 35’ 40’’ North

Longitude: 980 48’ 07’’ West

Land Owner: Melburn and Wilma Hutchison,

510 South Church

Waynoka, Oklahoma 73860

Facility Operator: Clean Harbors Environmental Services, LLC Lone Mountain Facility

Alan J. Adair, Facility Manager

40355 S. County Road 236, Waynoka, Oklahoma 73860-6302

(580) 697-3500

Comment Period: (minimum 45 days from first publication)

PURPOSE OF PROPOSED PERMIT ACTION

Clean Harbors Environmental Services, LLC Lone Mountain Facility (“CHLM”) was issued Post-Closure

Permit (OKD065438376) on March 15, 2006 for a term of ten (10) years. That permit expired on March

15, 2016. Reissuance of the post-closure permit is necessary for another term of ten years, to ensure

proper care and monitoring of the closed portions of the Facility.

Basis of the Draft Permit

On September 14, 2015, CHLM submitted to the Oklahoma Department of Environmental Quality’s

(DEQ) Land Protection Division a RCRA/HSWA Post-Closure Permit Renewal Application for post-

closure maintenance and monitoring. After review, DEQ has determined that it is appropriate to approve

the application and issue a new Post-Closure Permit.

The basic requirements of the Oklahoma Hazardous Waste Management Act (OHWMA); the Oklahoma

Administrative Code Hazardous Waste Management Regulations (OAC 252:205) as amended; the

federal Resource Conservation and Recovery Act (RCRA), and the Federal Hazardous Waste

Regulations having been met, DEQ has prepared these proposed permit conditions.

The Post-Closure potential (draft) Permit conditions were developed by DEQ and incorporate applicable

conditions from OAC 252:205 and Title 40 of the Code of Federal Regulations (40 CFR) Part 270,

additional conditions to enhance compliance with OAC 252:205, 40 CFR Parts 260-279, and such other

conditions as are required to achieve environmentally sound hazardous waste management.

The administrative record supporting the potential permit conditions consists of the Part B application,

additional supporting documentation, the draft permit, and this Fact Sheet. The administrative record will

be supplemented with any comments received during the public comment period.

Information Resources

Copies of the proposed draft permit conditions, this Fact Sheet, and the Part B application are available

for review during normal business hours at the locations listed below:

Clean Harbors-Lone Mountain Facility

40355 S. County Road 236,

Waynoka, OK 73860-6302

(580) 697-3500, or

Fairview Library,

115 South 6th Street,

Fairview, Oklahoma 73737

Central Records

Oklahoma Department of Environmental Quality

707 North Robinson

P.O. Box 1677

Oklahoma City, Oklahoma 73101-1677

(405) 702-1188

Website: deq.state.ok.us/lpdnew/DraftPermits/ppp.html

Telephone inquiries may be directed to:

Hillary Young, Chief Engineer

Land Protection, DEQ (405) 702-5100


Lone Mountain Facility (580) 697-3500

Comment Period and Procedures

Persons wishing to comment on the proposed permit conditions may submit their comments in writing to

the agency at the address listed below. DEQ will consider and formally respond to all relevant comments

mailto:[email protected]

in the issuance of a final permit decision. Comments should be directed to the appropriateness of the

permit decision and the permit conditions and should be of a factual nature. All comments must be

received at the agency no later than 45 days after first publication.

Hillary Young

Chief Engineer

Land Protection Division


707 North Robinson

P.O. Box 1677


The applicable comment and public hearing procedures may be found in OAC 252:4 and 40 CFR Part

124. The comment period during which written comments on the draft permit may be submitted extends

for forty-five (45) days from the first date of Notice of the proposed action.

Public Meeting

Pursuant to 40 CFR Part 124 and the Uniform Permitting Act, Title 27A of Oklahoma Statutes, Section 2-

14-303, interested parties may request a public meeting on the permit. The request must be in writing and

submitted prior to the closing date of the comment period which expires forty-five (45) days from the date

of publication. Persons wishing to request a public meeting should submit their request and/or comments

in writing to Hillary Young, Chief Engineer, Land Protection Division at the above address.

Copies of the application may be reviewed at the Fairview Library, located at 115 South 6th Fairview,

Oklahoma. For further information about the meeting, contact Clifton Hoyle, Department of

Environmental Quality, 707 North Robinson, Oklahoma City, Oklahoma 73101-1677; (405) 702-5215 or

Alan J. Adair, Facility Manager, Clean Harbors-Lone Mountain, Route 2, Box 170, Waynoka, OK 73860;

(580) 697-3500.

Notice of Final Determination

DEQ will notify the applicant and each person who has submitted written comments, or requested notice,

of the final permit decision. The final permit decision means a final decision to issue, deny, modify,

revoke and reissue, or terminate a permit. The final Post-Closure Permit decision will become effective

thirty (30) days after the service of notice of the decision unless a later date is specified or review is

requested under OAC 252:4, 40 CFR 124.19, and the Oklahoma Administrative Procedures Act. If no

comments requested a change in the draft permit, the final Post-Closure Permit will become effective

immediately upon issuance.

NEWSPAPER NOTICE TEXT

Department of Environmental Quality

NOTICE OF POTENTIAL TIER II PERMIT ACTION TO RENEW THE POST-

CLOSURE PERMIT FOR A HAZARDOUS WASTE MANAGEMENT FACILITY,

OPPORTUNITY TO COMMENT

The Oklahoma Department of Environmental Quality (DEQ) has reviewed a Tier II Post-Closure

Permit Renewal Application submitted by, and for, the Clean Harbors Environmental Services,

LLC Lone Mountain Facility for maintenance and monitoring at a Hazardous Waste Treatment,

Storage and Disposal facility. This facility is located near Waynoka, Major County, Oklahoma,

more specifically described as:

Location: 40355 South County Road 236

Waynoka, Oklahoma 73860-6302

Legal Description: 1. South Half (S/2) of Section 28, Township 23 North, Range

15 West;

2. The Northeast Quarter (NE/4) of Section 33, Township 23

North, Range 15 West;

3. The North Half of North Half of the Southeast Quarter

(N/2N/2SE/4) of Section 33, Township 23 North, Range 15

West; and

4. The South Half of the North Half of Southeast Quarter

(S/2N/2SE/4) of Section 33, Township 23 North, Range 15

West, Major County, Oklahoma.

Geographic Location: Latitude: 360

35’ 40’’ North

Longitude: 980

48’ 07’’ West

Facility Operator: Clean Harbors


Lone Mountain Facility

40355 S. County Road 236, Waynoka, Oklahoma 73860-6302

(580) 697-3500

On September 14, 2015, the Permittee submitted an application for a Resource Conservation and

Recovery Act Post-Closure Permit Renewal to continue post-closure care and maintenance of

closed Hazardous Waste Landfills to meet Oklahoma Administrative Code 252:205-3-2 and

Title 40 of the Code of Federal Regulations, Parts 260 through 279. The Post-Closure Permit

Renewal Application was modified with the December 7, 2015, submittal of additional

information.

Based on a review of the above mentioned documents, DEQ has made a tentative determination

to issue the Post-Closure Permit Renewal. The proposed post-closure permit would be issued

under the authority of the Oklahoma Hazardous Waste Management Act and the Federal

Resource Conservation and Recovery Act (RCRA).

No later than forty-give (45) days after the date of this notice, any person may submit written

comments on the draft permit to DEQ at the below address. Also, any person may request that

DEQ schedule and conduct a formal public meeting to receive oral and written comments on the

post-closure draft permit. A request for a public meeting must be in writing and shall state the

nature of the issues proposed to be raised in the meeting.

Hillary Young, Chief Engineer



707 North Robinson

Oklahoma City, OK 73101-1677

(405) 702-5100

Further information including the application, the potential draft modification to the post-closure

permit conditions, and a fact sheet may be reviewed during normal business hours in the DEQ

Central Records office at 707 North Robinson, Oklahoma City, OK 73101-1677, or on DEQ’s

website deq.state.ok.us/lpdnew/DraftPermits/ppp.html or at the Fairview Library, 115 South 6th

Street, Fairview, Oklahoma 72737. Telephone inquiries may be directed to: Hillary Young, for

the DEQ, at (405) 702-5100 or Alan J. Adair, for the facility, at (580) 697-3500.

mailto:[email protected]

RADIO BROADCAST TEXT


NOTICE OF POTENTIAL TIER II ACTION TO RENEW THE POST-CLOSURE

PERMIT FOR A HAZARDOUS WASTE MANAGEMENT FACILITY, OPPORTUNITY

TO COMMENT

The Oklahoma Department of Environmental Quality (DEQ) has reviewed a Tier II Post-Closure

Permit Renewal Application submitted by, and for, Clean Harbors Environmental Services, LLC

Lone Mountain Facility for maintenance and monitoring at the Hazardous Waste Treatment,

Storage and Disposal facility. This facility is located near Waynoka, Major County, Oklahoma,

more specifically described as portions of Sections 28 and 33, Township 23 North, Range 15

West Major County, Oklahoma. The site is approximately 5 miles east and 1 mile north of the

intersection of U.S. Highways 281 and 412 (formally Oklahoma Highway 15).

On September 14, 2015, the Permittee submitted an application for a Resource Conservation and

Recovery Act Post-Closure Permit Renewal to continue post-closure care and maintenance of

closed Hazardous Waste Landfills to meet Oklahoma Administrative Code 252:205-3-2 and Title

40 of the Code of Federal Regulations, Parts 260 through and 279. The Post-Closure Permit

Renewal Application was modified with the December 7, 2015, submittal of additional

information.

Based on a review of the above mentioned documents, DEQ has made a tentative determination

to issue a Post-Closure Permit Renewal. The proposed Post-Closure Permit Renewal would be

issued under authority of Oklahoma Hazardous Waste Management Act and the Federal

Resource Conservation and Recovery Act.

The application, the potential permit conditions, and a fact sheet may be reviewed during normal

business hours in the DEQ office at 707 North Robinson, Oklahoma City, DEQ’s website

www.deq.state.ok.us, or at the Fairview Library, 115 South Sixth, Fairview, Oklahoma.

_____________________________________________________________________

TO THE APPLICANT:

(1) Please publish as a legal notice in at least one and preferably two local newspapers of

general circulation (e.g., Fairview, Enid/or Woodward) on or before xx/xx, 2017.

The notice must also be broadcast over local radio stations, and mailed to the people

on the mailing list by the same deadline.

(2) Upon publication, obtain signed affidavits of publication from the newspaper(s) and

also for the broadcasts, and send them to Brigette Haley, Land Protection Division,

Department of Environmental Quality, 707 North Robinson, Oklahoma City,

Oklahoma 73101-1677.

http://www.deq.state.ok.us/

OKLAHOMA DEPARTMENT OF ENVIRONMENTAL QUALITY

POST-CLOSURE PERMIT

EPA ID # OKD065438376 Permit Number OKD065438376-PC

Permittee:

Clean Harbors Environmental Services, Inc. Effective Date:

Lone Mountain Facility Expiration Date:

1501 Washington Street

P.O. Box 859048

Braintree, MA 02185-9048

Pursuant to the Solid Waste Disposal Act (as amended by the Resource Conservation and

Recovery Act (RCRA) of 1976, and the Hazardous and Solid Waste Amendments of 1984

(HSWA) at 42 U.S.C. § 6901 et seq., and regulations promulgated thereunder by the U. S.

Environmental Protection Agency (EPA) codified in Title 40 of the Code of Federal Regulations,

the Oklahoma Hazardous Waste Management Act (OHWMA) at 27A O.S. § 2-7-101 et seq., and

rules promulgated thereunder in OAC 252:4-7, a Post-Closure Permit is reissued by the

Oklahoma Department of Environmental Quality (DEQ) to Clean Harbors Environmental

Services, Inc. (Lone Mountain Facility) (Permittee) for the facility located near Waynoka,

Oklahoma at 40355 S. County Road 236, Waynoka, OK 73860-6302, at latitude 360 25' 40" and

longitude 980 48' 07". The legal description of the facility is:

The South Half (S/2) of Section 28, Township 23 North, Range 15 West; the Northeast

Quarter (NE/4) of Section 33, Township 23 North, Range 15 West; the North Half of

North Half of the Southeast Quarter (N/2N/2SE/4) of Section 33, Township 23 North,

Range 15 West; and the South Half of the North Half of Southeast Quarter (S/2N/2SE/4)

of Section 33, Township 23 North, Range 15 West, Major County, Oklahoma.

This document evidences a decision by DEQ to issue a Post-Closure Permit to monitor and

maintain the closed portions of the Facility for a period of ten (10) additional years.

The Permittee must comply with all terms and conditions of this Post-Closure Permit (Permit).

The Permit consists of the conditions contained herein (including those in any attachments), the

applicable standards and the general facility conditions developed in accordance with the

OHWMA, and the provisions contained in 40 CFR Parts 260 through 266, 268, 270, 279 and

124, as specified in the Permit. Applicable State and Federal regulations are those which are in

effect on the date of issuance of this Permit, in accordance with 40 CFR 270.32(c). In the event

of any inconsistency or conflict between the DEQ-prepared text of this Permit and any submittals

or other attachments incorporated by reference, the DEQ-prepared text of this Permit shall

prevail.

This Permit is based on the assumption that all information submitted in the Part B Permit

Renewal Application as modified through December 7, 2015 (Application), is accurate and that

the facility will be monitored and maintained as specified in the Application.

Any inaccuracies found in the submitted information may be grounds for the termination,

revocation and reissuance, or modification of this Permit in accordance with 40 CFR 270.41,

270.42 and 270.43, and for enforcement action. The Permittee must inform DEQ of any

deviation from or changes in the information in the Application that would affect the Permittee’s

ability to comply with the applicable regulations or Permit Standards and Conditions.

This Post-Closure Permit is effective from xx/xx/2017, and shall remain in effect until

xx/xx/2027, unless the Permit is revoked and reissued under 40 CFR 270.41, terminated under

40 CFR 270.43, or continued in accordance with 40 CFR 270.51, and applicable Oklahoma

statutes and rules.

Issued by the Oklahoma Department of Environmental Quality this______ day of

_____________ 20__.

________________________________ ______________________________

Hillary Young Kelly Dixon

Chief Engineer Director

Land Protection Division Land Protection Division

i

TABLE OF CONTENTS

PART I STANDARD PERMIT CONDITIONS I-1

I.A. GENERAL I-1

I.B. EFFECT OF PERMIT I-1

I.C. PERMIT ACTIONS I-1

I.C.1. Permit Modifications, Revocation and Reissuance, and Termination I-1

I.C.2. Permit Review I-2

I.C.3. Permit Renewal I-2

I.D. DEFINTIONS AND TERMS I-2

I.E. DUTIES AND REQUIREMENTS I-4

I.E.1. Duty to Comply I-4

I.E.2. Duty to Reapply I-4

I.E.3. Permit Expiration I-4

I.E.4. Transfer of Permits I-5

I.E.5. Need to Halt or Reduce Activity Not a Defense I-5

I.E.6. Duty to Mitigate I-5

I.E.7. Proper Operation and Maintenance I-5

I.E.8. Duty to Provide Information I-6

I.E.9. Inspection and Entry I-6

I.E.10. Monitoring and Laboratory Records I-7

I.E.11. Reporting Planned Changes I-7

I.E.12. Reporting Anticipated Non-Compliance I-8

I.E.13. Monitoring Reports I-8

I.E.14. Compliance Schedules I-8

I.E.15. Reporting Requirement for Hazardous Waste Releases [OAC 252:205-13-1] I-8

I.E.16. Other Non-Compliance I-9

I.E.17. Other Information I-9

I.F. BASIS OF PERMIT I-10

I.G. INCORPORATION BY REFERENCE I-10

I.H. SEVERABILITY I-10

I.I. SIGNATORY REQUIREMENT I-10

I.J. REPORTS, NOTIFICATIONS, AND SUBMISSIONS TO THE EXECUTVE

DIRECTOR I-10

I.K. CONFIDENTIAL INFORMATION I-11

I.L. DOCUMENTS TO BE MAINTAINED AT THE FACILITY I-11

ii

PART II GENERAL FACILITY CONDITIONS II-1

II.A. DESIGN AND OPERATION OF FACILITY II-1

II.B. DUST SUPPRESSION II-1

II.C. REQUIRED NOTICES [SPECIFIC CONDITION-INFORMATION

REPOSITORY] II-1

II.D. SECURITY II-2

II.E. GENERAL INSPECTION REQUIREMENTS II-2

II.F. PERSONNEL TRAINING II-2

II.G. GENERAL POST-CLOSURE REQUIREMENTS II-3

II.G.1. Post-Closure Care II-3

Table II.G.1. II-3

II.G.2. Post-Closure Security II-3

II.G.3. Amendment to Post-Closure Plan II-4

II.G.4. Post-Closure Notices II-4

II.H. COST ESTIMATE FOR FACILITY POST-CLOSURE II-4

II.I. FINANCIAL ASSURANCE FOR FACILITY POST-CLOSURE CARE II-4

II.J. LIABILITY REQUIREMENTS II-4

II.K. INCAPACITY OF OWNERS OR OPERATORS, GUARANTORS, OR

FINANCIAL INSTITUTIONS II-5

II.L. COMPLIANCE SCHEDULE II-5

PART III POST-CLOSURE CARE III-1

III.A. FACILITY AND FUNCTIONS AUTHORIZED III-1

III.B. POST-CLOSURE CARE AND USE OF PROPERTY (40 CFR 264.117) III-1

III.C. CERTIFICATION OF COMPLETION (40 CFR 264.120) III-3

PART IV GROUNDWATER MONITORING: DETECTION MONITORING FOR

RELEASES IV-1

IV.A. GENERAL REQUIREMENTS (40 CFR 264.91) IV-1

IV.B. POINT OF COMPLIANCE (40 CFR 264.95) IV-1

IV.C. DETECTION MONITORING PROGRAM (40 CFR 264.98) IV-2

IV.C.1. Hazardous Constituents (40 CFR 264.98(a)) IV-2

IV.C.2. Groundwater Monitoring System (40 CFR 264.97) IV-5

IV.C.3. Sampling and Analysis Procedures IV-6

IV.C.4. Statistical Analysis (40 CFR 264.98(d)) IV-6

IV.D. MONITORING PROGRAM AND DATA EVALUATION IV-9

IV.E. RECORDKEEPING AND REPORTING IV-10

iii

IV.F. REQUEST FOR PERMIT MODIFICATION IV-12

IV.G. PERMIT REVIEW IV-13

IV.H. COMPLIANCE WITH PERMIT IV-13

PART V CORRECTIVE ACTION V-1

V.A. HIGHLIGHTS V-1

V.B. NOTIFICATION REQUIREMENTS FOR AND ASSESSMENT OF

NEWLY-IDENTIFIED WMAs (LANDFILL) AND POTENTIAL ACOs V-2

V.C. NOTIFICATION REQUIREMENTS FOR NEWLY-DESCOVERED

RELEASES AT WMAs AND ACOs V-3

V.D. INTERIM MEASURES V-3

V.E. RFI WORKPLAN V-4

V.F. RFI IMPLEMENTATION V-5

V.G. RFI FINAL REPORT AND SUMMARY V-5

V.H. DETERMINATION OF NO FURTHER ACTION (NFA) V-5

V.I. CORRECTIVE MEASURES STUDY (CMS) PLAN V-6

V.J. CMS IMPLEMENTATION V-6

V.K. CMS FINAL REPORT AND SUMMARY V-6

V.L. CORRECTIVE MEASURES (REMEDY) SELECTION

AND IMPLEMETATION V-6

V.M. RFI SCOPE OF WORK V-6

V.N. CMS SCOPE OF WORK V-6

Table V-1. CORRECTIVE ACTION SCHEDULE OF COMPLIANCE V-6

Table V-2 WMA DESIGNATION AND STATUS; DEFINITION OF AREA OF

CONCERN V-7

V.O. WELL LOCATION, INSTALLATION AND CONSTRUCTION V-7

V.P. GROUNDWATER PROTECTION STANDARD V-8

V.Q. COMPLIANCE PERIOD V-9

V.R. CORRECTIVE ACTION PROGRAM FOR CELL 5 V-9

V.S. SAMPLING AND ANALYSIS PROCEDURES V-10

V.T. ELEVATION OF THE GROUNDWATER SURFACE V-11

V.U. STATISTICAL PROCEDURES V-11

V.V. MONITORING PROGRAM AND DATA EVALUATION V-12

V.W. RECORDKEEPING AND REPORTING V-13

V.X. REQUEST FOR PERMIT MODIFICATION V-13

iv

PART VI LANDFILL OPERATIONS CONDITIONS VI-1

VI.A. LEACHATE MANAGEMENT CONDITIONS VI-1

VI.B. ACTION LEAK DETECTION RATE(S) VI-1

ATTACHMENTS:

ATTACHMENT 1 FACILTY MAP

ATTACHMENT 2 SECURITY

ATTACHMENT 3 GENERAL INSPECTION REQUIREMENTS

ATTACHMENT 4 PERSONNEL TRAINING

ATTACHMENT 5 POST-CLOSURE CARE PERIOD FOR EACH CELL

ATTACHMENT 6 POST-CLOSURE COST ESTIMATES

CLEAN HARBORS- LONE MOUNTAIN LLC-POST-CLOSURE PERMIT XX/XX/XX

I-1

PART 1 STANDARD PERMIT CONDITIONS

I.A. GENERAL

Clean Harbors Environmental Services, LLC Lone Mountain Facility (“CHLM”),

hereinafter referred to as the “Permittee”, shall monitor and maintain the closed

portions of the Facility in compliance with the provisions of Oklahoma Hazardous

Waste Management Act (“OHWMA”), 27A O.S. § 2-7-101 et seq.; and the rules

promulgated hereunder at the Oklahoma Administrative Code (“OAC”) 252:205

and the requirements of Federal Hazardous Waste Management Regulations

incorporated in Title 40 of the Code of Federal Regulations (40 CFR) Parts 260-

279 of the Resource Conservation and Recovery Act (familiarly known as

“RCRA”). The Permittee replaces the Post-Closure Permit issued in March 15,

2006.

I.B. EFFECT OF PERMIT

The Permittee shall monitor and maintain the closed Landfill Cells 1-8, the Drum

Cell, Landfill Cells 10-14, and Phases 1-3 of Landfill Cell 15 comprising Subcells

1-5 located at the Lone Mountain facility in accordance with the conditions of this

Permit. Subject to 40 CFR 270.4, compliance with this permit generally

constitutes compliance, for purposes of enforcement, with Subtitle C of RCRA.

Issuance of this Permit does not convey any property rights of any sort or any

exclusive privilege; nor does it authorize any injury to persons or property, any

invasion of other private rights, or any infringement of state or local laws or

regulations. Compliance with the terms of this Permit does not constitute a

defense to any order issued or any action brought under the OHWMA, Sections

3008(a), 3008(h), 3013, or 7003 of RCRA; Sections 104, 106(a) or 107 of the

Comprehensive Environmental Response, Compensation, and Liability Act of

1980 (42 U.S.C. 9601 et seq.,) commonly known as CERCLA; or any other law

providing for protection of public health or the environment from an imminent or

substantial endangerment [40 CFR 270.4 and 270.30(d), and OAC 252:205].

I.C. PERMIT ACTIONS

I.C.1. Permit Modification, Revocation and Reissuance, and

Termination

This Permit may be modified, revoked and reissued, or terminated

for cause, as specified in 40 CFR 270.30(f), 270.41, 270.42 and

270.43, and OAC 252:205-3-2(j). The filing of a request for a

permit modification, revocation and reissuance, or termination, or

the notification of planned changes or anticipated non-compliance

on the part of the Permittee, does not stay the applicability or


I-2

enforceability of any permit condition [40 CFR 270.30(f) and OAC

252:205-3-2].

I.C.2. Permit Review

This Permit shall be reviewed by DEQ five (5) years after the date

of permit issuance and shall be modified as necessary, as provided

in 40 CFR 270.41 and OHWMA 27A O.S §127- 2-7-127(B).

Except as provided in Permit Condition I.C.3 and 40 CFR 270.51,

the term of this Permit shall not be extended by modification

beyond the expiration date appearing on the face of this permit

[(40 CFR 270.50(b)].

I.C.3. Permit Renewal

This permit may be renewed as specified in 40 CFR 270.30(b) and

OAC 252:205. Review of any application for a permit renewal

shall consider improvements in the state of control and

measurement technology, as well as changes in applicable

regulations [40 CFR 270.30(b), OHSWA Sec. 212, OHWMA 27A

O.S §127- 2-7-127(B) and OAC 252:205].

All plans and schedules required by this Permit are, upon approval

by DEQ, incorporated into this Permit by reference and become an

enforceable part of this Permit. Since the required items are

essential elements of this Permit, failure to submit any of the

required items or submission of inadequate or insufficient

information may subject the Permittee to enforcement action under

Section 3008 of RCRA which may include fines, suspension, or

revocation of the Permit.

Any non-compliance with approved plans and schedules shall be

termed non-compliance with this Permit. Written requests for

extensions of due dates for submittals may be reviewed by DEQ in

accordance with Permit Condition I.C.1. If DEQ determines that

actions beyond those provided for, or changes to what is stated

herein are warranted, DEQ may modify this Permit according to

procedures in Permit Condition I.C.2.

I.D. DEFINITIONS AND TERMS

As used in this Renewal Post-Closure Permit:

I.D.1. “Attachment Section” refers to the 2015 post-closure permit

renewal application as amended, which is appended to this Permit.


I-3

I.D.2. “OHWMA” means the Oklahoma Hazardous Waste Management

Act, 27A O.S. § 2-7-101 et seq., as amended.

I.D.3. “Director” means the Executive Director of DEQ, the Director of

the Land Protection Division and their designees.

I.D.4. “DEQ” means the Oklahoma Department of Environmental

Quality.

I.D.5. “Facility” refers to the area within the permitted boundaries of

Clean Harbors Lone Mountain hazardous waste treatment, storage

and disposal site, including land and appurtenances thereto as

described in the Permit cover sheets; for the purposes of

“Corrective Action”, this term also includes all contiguous

property under the ownership of CHLM.

I.D.6. “Permit application” means the original Part B Post-Closure Permit

Renewal Application dated September 14, 2015, and all

supplemental documents approved by DEQ.

I.D.7. “Permittee” or “CHLM” means the applicant, Clean Harbors

Environmental Services, LLC Lone Mountain Facility, an

Oklahoma corporation, operator, and site leasee, as the party to be

responsible for the performance of the Permit requirements. The

Permittee has been formerly known as U.S. Pollution Control, Inc.

(“USPCI”); Laidlaw Environmental Services, and Safety Kleen,

Inc.

I.D.8. “RCRA” means the Resource Conservation and Recovery Act, 42

U.S.C. § 6901 et seq., as amended by the Hazardous and Solid

Waste Amendment (HSWA) of 1984.

I.D.9. “Site” means the area of CHLM Hazardous Waste Management

Facility permitted for the storage, treatment and disposal of

hazardous waste.

All other terms used herein shall have the same meaning as those

in 40 CFR Parts 124, 260 through 266, 268, 270 and OAC

252:205-3-2 unless this Permit specifically provides otherwise.

Any term not defined pursuant to the above shall be defined by its

generally accepted scientific or industrial meaning or, its standard

dictionary definition.


I-4

I.E. DUTIES AND REQUIREMENTS

I.E.1. Duty to Comply

The Permittee shall comply with all conditions of this Permit,

except that the Permittee need not comply with the conditions of

this Permit to the extent and for the duration such that non-

compliance is authorized by an emergency Permit [40 CFR

270.61]. Any Permit non-compliance, other than non-compliance

authorized by an emergency Permit, constitutes a violation of

OHWMA and RCRA and is grounds for enforcement action; for

Permit termination, revocation and reissuance, or modification; or

for denial of a Permit renewal application [40 CFR 270.30(a) and

OAC 252:205-3-2].

I.E.2. Duty to Reapply

If the Permittee wishes to continue an activity allowed by this

Permit after the expiration date of this Permit, the Permittee shall

submit a complete application for a new Permit at least 180 days

prior to the Permit expiration date [40 CFR 270.10(h) and

270.30(b) and OAC 252:205-3-2].

I.E.3. Permit Expiration

Pursuant to 40 CFR 270.50 and OAC 252:205-3-2(j), this Permit

shall be effective for a fixed term not to exceed ten (10) years. This

Permit and all conditions herein will remain in effect beyond the

Permit’s expiration date, if the Permittee has submitted a timely,

complete application (40 CFR 270.13 through 270.28 and OAC

252:205) and, through no fault of the Permittee, the Director has

not issued a new permit or terminated the operations permit, as

specified in 40 CFR 270.51(a)(2). Permits continued under this

section remain fully effective and enforceable. When the Permittee

is not in compliance with the conditions of the expiring or expired

permit, the Director may choose to do any one or more of the

following:

I.E.3.a. Initiate enforcement action based upon the permit

which has been continued;

I.E.3.b. Issue a notice of intent to deny the new permit

under 40 CFR 124.6 in which case the Permittee is

required to cease activities authorized by the


I-5

continued permit or be subject to enforcement

action for operating without a permit;

I.E.3.c. Issue a new permit under Part 124 with appropriate

conditions; or

I.E.3.d. Take other actions authorized under these

regulations.

I.E.4. Transfer of Permits

This Permit is not transferable to any person, except after giving

notice to the Director. The Director will consider the information

submitted by the Permittee or the proposed transferor, as required

in 27A O.S. § 2-7-109, and may require modification or revocation

and reissuance of the Permit pursuant to 40 CFR 270.30(k)(3),

270.40 or 270.41(b)(2) to identify the new Permittee and

incorporate such other necessary requirements. Before transferring

ownership or operation of the facility, the Permittee shall notify the

new owner or operator in writing, of the requirements of 40 CFR

Parts 264 Subpart H, 40 CFR 270 and this Permit [40 CFR

270.30(k)(3), 264.12(c), 264.140 and 264.147 and OAC 252:205-

21-1].

I.E.5. Need to Halt or Reduce Activity Not a Defense

It shall not be a defense for the Permittee, in an enforcement

action, that it would have been necessary to halt or reduce the

Permitted activity in order to maintain compliance with the

conditions of this Permit [40 CFR 270.30(c)].

I.E.6. Duty to Mitigate

In the event of non-compliance with this Permit, the Permittee

shall take all reasonable steps to minimize releases to the

environment and shall carry out such measures as are reasonable to

prevent significant adverse impacts on human health or the

environment [40 CFR 270.30(d)].

I.E.7. Proper Operation and Maintenance

The Permittee shall at all times properly operate and maintain all

facilities and systems of treatment and control (and related

appurtenances) which are installed or used by the Permittee to

achieve compliance with the conditions of this Permit. Proper

operation and maintenance includes effective performance,


I-6

adequate funding, adequate operator staffing and training, and

adequate laboratory and process controls, including appropriate

quality assurance/quality control procedures. This provision

requires the operation of back-up or auxiliary facilities or similar

systems only when necessary to achieve compliance with the

conditions of this Permit [OAC 252:205-3-5 and 40 CFR

270.30(e)].

I.E.8. Duty to Provide Information

The Permittee shall furnish to the Director, within a reasonable

time, any relevant information which the Director may request to

determine whether cause exists for modifying, revoking and

reissuing, or terminating this Permit, or to determine compliance

with this Permit. The Permittee shall also furnish to the Director,

upon request, copies of records required to be kept by this Permit

[40 CFR 270.30(h), 264.74(a) and OAC 252:205-3-2(f)].

I.E.9. Inspection and Entry

Pursuant to 40 CFR 270.30(i) and 27A O.S. § 2-3-501(a), the

Permittee shall allow the Director, or an authorized representative,

upon the presentation of credentials and other documents, as may

be required by law, to:

I.E.9.a. Enter at reasonable times upon the Permittee’s

premises where a regulated facility or activity is

located or conducted, or where records must be kept

under the conditions of this Permit;

I.E.9.b. Have access to and copy, at reasonable times, any

records that must be kept under the conditions of

this Permit;

I.E.9.c. Inspect at reasonable times any facilities, equipment

(including monitoring and control equipment),

practices, or operations regulated or required under

this Permit;

I.E.9.d. Sample or monitor, at reasonable times, for the

purposes of assuring Permit compliance or as

otherwise authorized by RCRA, any substances or

parameters at any location.


I-7

I.E.10. Monitoring and Laboratory Records

I.E.10.a. Samples and measurements taken for the purpose of

monitoring shall be representative of the monitored

activity. The method used to obtain a representative

sample of the waste to be analyzed must be the

appropriate method from Appendix I of 40 CFR

Part 261 or an equivalent method approved by the

Director. Laboratory methods must be those

specified in Test Methods for Evaluating Solid

Waste: Physical/Chemical Methods SW-846,

Standard Methods of Wastewater Analysis (current

Edition) [40 CFR 270.30(j) (1)].

I.E.10.b. The Permittee shall maintain records for

groundwater monitoring wells and associated

groundwater surface elevations for the post-closure

care period [40 CFR 270.30(j)(2), 40 CFR

264.74(b) and OAC 252:205].

I.E.10.c. Pursuant to 40 CFR 270.30(j)(3), records of

monitoring information shall specify:

I.E.10.c.i. Date(s), exact place, and times of

sampling or measurements;

I.E.10.c.ii. Individual(s) who performed the

sampling or measurements;

I.E.10.c.iii. Date(s) analyses were performed;

I.E.10.c.iv. Individual(s) who performed the

analyses;

I.E.10.c.v. Analytical techniques or methods

used; and

I.E10.c.vi. Results of such analyses.

I.E.11. Reporting Planned Changes

The Permittee shall give notice to the Executive Director, as soon

as possible, of any planned physical alterations or additions to the

Permitted facility [40 CFR 270.30(k)(1) and OAC 252:205].


I-8

I.E.12. Reporting Anticipated Non-Compliance

The Permittee shall give advance notice to DEQ of any planned

changes in the Permitted facility or activity that may result in non-

compliance with Permit requirements [40 CFR 270.30(k)(2)].

I.E.13. Monitoring Reports

Monitoring results shall be reported at intervals and within the time

frames specified in Permit Conditions IV.D.1. through IV.D.7. of

this Permit [40 CFR 270.30(k)(1)].

I.E.14. Compliance Schedules

Reports of compliance or non-compliance with or any progress

reports on, interim and final requirements, contained in any

compliance schedule of this Permit shall be submitted no later than

fourteen (14) days following each date [40 CFR 270.30(k)(5)].

I.E.15. Reporting Requirement for Hazardous Waste Releases (OAC

252:205-13-1)

I.E.15.a The Permittee shall report to the Director any non-

compliance which may endanger health or the

environment. Any such information shall be

reported immediately. The report shall include the

following:

I.E.15.a.i. Information concerning release of

any hazardous waste that may cause an

endangerment to public drinking water supplies.

I.E.15.a.ii. Any information of release or

discharge of hazardous waste, or a fire or explosion

from the hazardous waste management facility

which could threaten the environment or human

health inside and outside the facility.

I.E.15.b. The description of the occurrence and its cause shall

include:

I.E.15.b.i. Name, address, and telephone

number of the owner or operator;

I.E.15.b.ii. Name, address, and telephone

number of the facility;


I-9

I.E.15.b.iii. Date, time, and type of incident;

I.E.15.b.iv. Name and actual quantity of

materials involved;

I.E.15.b.v. Extent of injuries, if any;

I.E.15.b.vi. Assessment of actual or potential

hazards to the environment and

human health outside the facility,

where this is applicable; and

I.E.15.b.vii. Estimated quantity of and the

disposition of recovered material that

resulted from the incident.

I.E.15.c. A detailed written submission shall also be provided

within five (5) days of the time the Permittee

becomes aware of the circumstances.

The written submission shall contain a description

of the non-compliance and its cause; the period(s)

of non-compliance (including exact dates and

times); whether the non-compliance has been

corrected; and, if not, the anticipated time it is

expected to continue; and steps taken or planned to

reduce, eliminate, and prevent recurrence of the

non-compliance. The Director may waive the five

(5) day written notice requirement in favor of

written report within fifteen (15) days [40 CFR

270.30(k)(6)(iii)].

I.E.16. Other Non-Compliance

The Permittee shall report all other instances of non-compliance

with the conditions of this Operations Permit not otherwise

required to be reported at the time monitoring reports are

submitted. The reports shall contain the information listed in

Permit Condition I.E.16 [40 CFR 270.30(k)(10) and OAC

252:205].

I.E.17. Other Information

I.E.17.a. Whenever the Permittee becomes aware that it

failed to submit any relevant facts in the Permit

renewal application, or submitted incorrect


I-10

information in a Renewal Permit Application or in

any report to DEQ, the Permittee shall promptly

submit such facts or information [40 CFR

270.30(k)(11) and OAC 252:205].

I.E.17.b. The Permittee must submit a biennial report in

accordance with 40 CFR 270.30(k)(9).

I.F. BASIS OF PERMIT

This permit is granted based on the information submitted and the design criteria

presented in the reapplication. Any inaccuracies found in this information could

provide cause for the termination or modification of this permit, and for

enforcement action. The Permittee is to inform the Land Protection Division

(LPD) of the Oklahoma Department of Environmental Quality (DEQ) of any

deviation from or changes in the design or operation of the facility that could

affect the Permittee’s ability to comply with the applicable regulations and permit

conditions.

I.G. INCORPORATION BY REFERENCE

All the referenced Code of Federal Regulations (40 CFR) Parts 260 through 266,

268 and 270 as specified in the permit are, unless otherwise stated, incorporated

in their entirety by OAC 252:205-3-2 of DEQ Hazardous Waste Management

Rules.

I.H. SEVERABILITY

The provisions of this Permit are severable, and if any provision of this permit, or

the application of any provision of this permit to any circumstance is held invalid,

the application of such provision to other circumstances and the remainder of this

permit shall not be affected thereby [40 CFR 124.16(a) and OAC 252:205-3-2].

I.I. SIGNATORY REQUIREMENT

All applications, reports, or information submitted to or requested by the Director,

his designee, or authorized representative, shall be signed and certified in

accordance with 40 CFR 270.11 and 40 CFR 270.30(k)(1).

I.J. REPORTS, NOTIFICATIONS, AND SUBMISSIONS TO THE EXECUIVE

DIRECTOR

Information Submittal

Failure to comply with any condition of the Permit, including information

submittal, constitutes a violation of the Permit and is grounds for enforcement

action, permit amendment, termination, revocation, suspension, or denial of


I-11

permit renewal application Falsification of any submitted information is grounds

for enforcement action, modification or termination of this Permit (40 CFR

270.43).

The Permittee shall ensure that all plans, reports, notifications, and other

submissions to DEQ required in this Permit are signed and certified in accordance

with 40 CFR 270.11. Two (2) copies and one Windows® compatible, CD, DVD

or Flash Drive each of these plans, reports, notifications or other submissions

shall be submitted to DEQ by Certified Mail or hand delivered to:

Hillary Young, P.E. Chief Engineer



PO Box 1677

707 North Robinson


Phone Number (405) 702-5100

I.K. CONFIDENTIAL INFORMATION

In accordance with 40 CFR 270.12, 40 CFR Part 2 and OAC 252:205-1-4(a) and

(c) and OAC 252:205-3-2(j), the Permittee may claim confidential any

information required to be submitted by this Permit.

I.L. DOCUMENTS TO BE MAINTAINED AT THE FACILITY

The Permittee shall maintain at the facility, until closure is completed and

certified by an independent, qualified Oklahoma registered professional engineer,

the following documents and all amendments, revisions and modifications to

these documents:

I.L.1. A list of wastes that have been land disposed or list of hazardous

constituents reasonably expected to be in or derived from the

wastes that were land disposed in accordance with 40 CFR

270.21(a) and this Permit.

I.L.2. Inspection schedules, as required by 40 CFR 264.15(b)(2), 40 CFR

270.15(d), OAC 252:205 and this Permit.

I.L.3. Personnel training documents and records, as required by 40 CFR

264.16(d), (e), and this Permit.

I.L.4. Operating record, as required, by 40 CFR 264.73(a) and this

Permit.

I.L.5. Post-Closure Plan as required.


I-12

I.L.6. All other documents required by Permit Condition I.I.13.

I.L.7. A copy of this Permit and its attachments and any modifications

thereto.


II-1

PART II GENERAL FACILITY CONDITIONS

II.A. DESIGN AND OPERATION OF FACILITY

The Permittee shall construct, maintain and operate the facility to minimize the

possibility of a fire, explosion, or any unplanned, sudden or non-sudden release of

hazardous waste constituents to air, soil, ground water, or surface water which

could threaten human health or the environment, as required by 40 CFR 264.31

and OAC 252:205-9-1(a).

II.B. DUST SUPPRESSION

Pursuant to 40 CFR 266.23(b), and the Toxic Substances Control Act, (TSCA),

the Permittee shall not use waste or used oil or any other material which is

contaminated with dioxin, polychlorinated biphenyls (PCBs), or any other

hazardous waste (other than a waste identified solely on the basis of ignitability),

for dust suppression or road treatment.

II.C. REQUIRED NOTICES [SPECIFIC CONDITION-INFORMATION

REPOSITORY]

The Permittee shall follow the waste analysis procedures required by 40 CFR

264.13(b) and OAC 252:205-9-6, as described in the Facility’s Permit Attachment

1.

II.C.1. The Permittee shall continue to maintain the information repository

they already have to provide the public an opportunity to review

and comment on the corrective action activities specified in this

Permit.

II.C.2. Within thirty (30) days of the effective date of this Permit, the

Permittee shall mail a notice of this Permit to all individuals on the

facility-specific mailing list maintained by DEQ, including all

individuals that submitted oral or written comments on the

Permittee’s draft permit during the public comment period. The

Permittee shall amend this mailing list as necessary to include

those individuals that submit a written request to DEQ and the

Permittee for inclusion in this list.

II.C.3. This notice shall state the location, purpose, and content of the

repository.

II.C.4. The Permittee shall state in this notice that written comments

concerning each submittal (excluding progress reports and

correspondence) required by this Permit shall be forwarded to the

following representative of DEQ within fifteen (15) calendar days

of the date due to DEQ:


II-2

Chief Engineer



P.O. Box 1677

707 North Robinson


II.C.5. The Permittee shall place into the repository, on or before the date

submitted to DEQ, all documents (e.g., all correspondence, work

plans and draft/final reports) as specified in this Permit, and those

documents deemed appropriate by DEQ. The Permittee shall

specify within the text or cover letter of each document the date

each submittal was placed in the repository.

II.D. SECURITY

II.D.1. The Permittee shall comply with the security provisions of 40 CFR

264.14(b)(2) and (c) and the Security Plan in Section II.D of the

2011 (Operation Permit), Attachment 2 (Security Plan).

II.D.2. The Permittee shall maintain adequate fencing around the

perimeter of the closed landfill portions of the facility.

II.D.3. The Permittee shall ensure that signs identifying the site as a

hazardous waste disposal site and warning against public entry are

properly posted and maintained around the perimeter of the site.

II.E. GENERAL INSPECTION REQUIREMENTS

II.E.1. The Permittee shall follow the inspection schedule found in

Section E of 2015 Post-Closure Permit Renewal Application (see

Attachment 3). The Permittee shall remedy any deterioration or

malfunction discovered by an inspection, as required by 40 CFR

264.15(a). Records of inspections shall be kept, as required by 40

CFR 264.15(d).

II.F. PERSONNEL TRAINING

The Permittee shall conduct personnel training, as required by 40 CFR 264.16.

This training program shall follow the outline of Post-Closure Permit Application

Section C.3.6 (Attachment 4, Personnel Training). The Permittee shall maintain

training documents and records, as required by 40 CFR 264.16(d) and (e) and

OAC 252:205.


II-3

II.G. GENERAL POST-CLOSURE REQUIREMENTS

The Permittee shall comply with all provisions of 40 CFR 264.117, 264.118,

264.119, 264.120 and 264.310.

II.G.1. Post-Closure Care

The Permittee began post-closure care for the closed units listed in Table II.G.1 as

follows:

Table II.G.1 for Lone Mountain Facility Post-Closure Section II.G.1

Cell Name Area Date Approved

Drum Cell 1.42 July 1987

Cell 1 0.59 July 1989

Cell 2 0.60 July 1989

Cell 3 1.42 July 1989

Cell 4 2.16 June 1990

Cell 5 2.24 July 1987

Cell 6 0.94 March 1992

Cell 7 1.51 June 1990

Cell 8 1.70 June 1990

Cell 10 4.0 February 1994

Cell 11 10.0 February 1994

Cell 12 10.0 March 1999

Cell 13 10.0 January 1999

Cell 14 10.0 June 2002

Cell 15* 95.2 Portions Active

Note: * The following Phases of Cell 15 (comprising Subcells 1-5) were

closed:

Phase I May 30, 2012

Phase II July 6, 2014

Phase III September 3, 2015

The Facility shall be maintained in accordance with 40 CFR 264.117 and the

Post-Closure Plan, Section D of the Part B Application. The Director reserves the

right to extend the post-closure period for any applicable unit at any time during

the life of this Permit as deemed necessary to protect human health and the

environment, in accordance with 40 CFR 264.117(a)(2)(ii).

II.G.2. Post-Closure Security

The Permittee shall maintain security at the facility during the

post-closure care period in accordance with Post-Closure Plan,

Section C.3.3 of Post-Closure Renewal Application (Attachment 5)

and CFR 40 264.117 and 118.


II-4

II.G.3. Amendment to Post-Closure Plan

The Permittee shall amend the Post-Closure Plan in accordance

with 40 CFR 264.118(d) whenever necessary.

II.G.4. Post-Closure Notices

The Permittee shall request and obtain a permit modification prior

to post-closure removal of hazardous wastes, hazardous waste

residues, liners, or contaminated soils, in accordance with 40 CFR

264.119(c).

II.H. COST ESTIMATE FOR FACILITY POST-CLOSURE

II.H.1. The Permittee’s most recent closure and post-closure cost

estimates prepared in accordance with 40 CFR 264.144 and as

specified in the September 2015 Post-Closure Permit Renewal

Application Section C.3.7 referencing Section 2.12 of the

RCRA/HSWA Permit Renewal Application, may be found in

Attachment 6.

II.H.2. The Permittee must adjust the post-closure cost estimate for

inflation within sixty (60) days prior to the anniversary date of the

establishment of the financial instrument(s) used to comply with

40 CFR 264.144 (b) and OAC 252:205-3(f).

II.H.3. The Permittee must revise the post-closure cost whenever there is a

change in the facility's Post-Closure Plan, as required by 40 CFR

264.144(c).

II.I. FINANCIAL ASSURANCE FOR FACILITY POST-CLOSURE CARE

The Permittee shall demonstrate continuous compliance with 40 CFR 264.145

and 264.146 and OAC 252:205 by providing documentation of financial

assurance, as required by 40 CFR 264.149, 264.151, and OAC 252:205-3-3(b) in

at least the amount of the cost estimates required by Permit Condition II.H. DEQ

must approve any proposed changes in financial assurance mechanisms pursuant

to 40 CFR 264.145, or 264.149.

II.J. LIABILITY REQUIREMENTS

Liability coverage for the permitted closed units shall remain in effect in

accordance with 40 CFR 264.147.


II-5

II.K. INCAPACITY OF OWNERS OR OPERATORS, GUARANTORS, OR

FINANCIAL INSTITUTIONS

The Permittee shall comply with 40 CFR 264.148 requirements, whenever

necessary.

II.L. COMPLIANCE SCHEDULE

Permittee shall maintain or improve the information required by Condition II.I

and II.J since the permitted corrective action for landfill Cell 5 has been

incorporated into this permit in Post-Closure Attachment 4.


III-1

PART III POST-CLOSURE CARE

III.A. FACILITY AND FUNCTIONS AUTHORIZED

III.A.1. The Permittee is authorized to monitor and maintain closed

Landfill Units (Cells 1-8 and the Drum Cell, and Cells 10-14, in

addition to Phases I through III of Cell 15 closure that consists of

Subcells 1-5) subject to the terms and conditions of this Permit and

all pertinent conditions in 40 CFR.

III.A.2. The above units are identified in Post-Closure Permit Application

received on September 17, 2015, and specifically as noted in this

Permit Condition III.A.1.

III.B. POST-CLOSURE CARE AND USE OF PROPERTY (40 CFR 264.117)

III.B.1. The Permittee shall conduct post-closure care for the closed units

identified in Condition III.A.1 above for thirty (30) years after the

certification of closure of the last unit. The post-closure care may

be shortened or extended, if necessary in accordance with 40 CFR

264.117(a) and in accordance with the permit modification

procedures in 40 CFR Parts 124 and 270.

III.B.2. The Permittee shall not allow any use of the closed units which

will disturb the integrity of the final cover, containment system or

the function of the monitoring system as required by 40 CFR

264.117(c).

III.B.3. The Permittee shall comply with the requirements of 40 CFR

264.310(b).

III.B.3.a. The owner or operator must comply with all Post-

Closure Care Plan requirements contained in 40

CFR 264.117 through 264.120, including

maintenance and monitoring throughout the post-

closure care period (specified in the Permit under

264.117). The owner or operator must:

III.B.3.a.i. Maintain the integrity and

effectiveness of the final cover,

including making repairs to the cap

as necessary to correct the effects of

settling, subsidence, erosion or other

events;

III.B.3.a.ii. Continue to operate the leachate

collection systems;


III-2

III.B.3.a.iii. Maintain and monitor the leak

detection systems in accordance with

40 CFR 264.301(c)(3) and (4), and

264.303(c), and also comply with all

other applicable leak detection

system requirements of this part;

III.B.3.a.iv. Maintain and monitor the

groundwater monitoring system and

comply with all other applicable

requirements of Subpart F of 40 CFR

264;

III.B.3.a.v. Prevent run-on and run-off eroding

or otherwise damaging the final

cover [40 CFR 264.273(a) and (b),

and 264.280; and

III.B.3.a.vi. Protect and maintain surveyed

benchmarks used in complying with

40 CFR 264.309 in accordance with

40 CFR 264.116.

Any damages to landfill cell closure caps,

embankments or other associated components or

appurtenances shall be immediately assessed and

repaired. For erosion damages, the area(s) of

damage must be repaired using a higher design

standard for erosion controls than previously used.

Where possible, the source of the damage shall be

determined and measures to correct the source and

to prevent recurring damage shall be implemented.

Records of damages and repairs shall be kept at the

facility. Any damages to facility components that

should compromise the integrity of a landfill cell,

result in damage to a landfill cell, or that are in

direct contact with a landfill cell shall also be

immediately repaired to the level of standards

described above. The types and frequencies of

damages shall be monitored and periodically

evaluated to determine whether an area of recurring

damage, or that a major structural problem exists,

which needs to be corrected to avert any serious


III-3

damages to a landfill. Any damages to landfill or

facility access roads that restrain post-closure

operations shall be repaired. Erosional soil losses

from the landfill cells shall be limited to no more

than two (2) tons per year.

Minor erosional damages to other areas of the site

not associated with or affecting a landfill cell may

be allowed, provided it will not result in damages to

other waste management areas of the site, or

damage of waste containment.

III.B.3.b. Leachate or any other hazardous liquid or waste

generated during the post-closure period shall be

handled and properly disposed of by the owner or

operator as hazardous waste.

III.B.3.c. The owner or operator must maintain the run-on

management system to collect and control at least

the water volume resulting from a 24-hour, 25-year

storm required under 40 CFR 264.301(g).

III.B.3.d. The owner or operator must maintain the run-off

system required by 40 CFR 264.301(h).

III.C. CERTIFICATION OF COMPLETION (40 CFR 264.120)

Certification of completion of post-closure care must be submitted in accordance

with the requirements of 40 CFR 264.120.

CLEAN HARBORS-LONE MOUNTAIN LLC-POST-CLOSURE PERMIT XX/XX/XX

IV-1

PART IV GROUNDWATER MONITORING: DETECTION

MONITORING FOR RELEASES

IV.A. GENERAL REQUIREMENTS (40 CFR 264.91)

The Permittee shall maintain a groundwater monitoring and response program for

the closed Landfill Units (Cells 1-8, Drum Cell, and Cells 10-14, in addition to

Phases I through III of Cell 15 that consists of Subcells 1-5) to:

IV.A.1. Detect any release of the hazardous waste constituents from the

regulated unit at the compliance point in the uppermost aquifer in

accordance with 40 CFR 264.98;

IV.A.2. Institute a compliance monitoring program under 40 CFR 264.99,

whenever hazardous constituents are detected at the compliance

point; and

IV.A.3. Institute a corrective action program under 40 CFR 264.100,

whenever either the groundwater protection standard under 40

264.92 is exceeded or the hazardous constituents exceed

concentration limits under 40 CFR 264.94 at the point of

compliance.

IV.B. POINT OF COMPLIANCE (40 CFR 264.95)

IV.B.1. The point of compliance shall consist of the following monitoring

wells:

Drum Cell MW- 4A1, MW- 4A2, and MW-

4A3(new)

Cells 1 through 7 MW- 5A1, MW- 5A2, MW- 5A3,

MW-6A1, and MW-6A2

Cell 8 MW-8A1, MW-8A2, and MW-8A3

Cell 10 MW-17, MW-18, MW-21 and MW-22

Cell 11 MW-11A2, MW-11A4, MW-11A5

and MW-11A6

Cell 12 MW-12A1, MW-12A2, MW-12B1

and MW-12B2

Cell 13 MW-13A1, MW-13A2, MW-13A3

and MW-13A4

Cell 14 MW-14A1, MW-14A2, MW-14B1


IV-2

and MW-14B2

Cell 15: Phases I-III MW-15A1, MW-15A2, MW-15A3,

MW-15A4 and MW-15A5

IV.B.2. The background wells include MW-1A, MW-1B, MW-2B and

MW-3A.

IV.C. DETECTION MONITORING PROGRAM (40 CFR 264.98)

The Permittee shall maintain the groundwater monitoring program for the closed

units (including installed compliance monitoring wells CM-3, CM-6 CM-9 and

CM-10) that are under Detection Monitoring to comply with the requirements of

40 CFR 264.97 and 264.98.

IV.C.1 . Hazardous Constituents (40 CFR 264.98(a))

Semi-annual Monitoring Parameters: The Permittee shall monitor

for indicator parameters and Field parameters on a semi-annual

basis. The indicator parameters to be monitored shall include the

metals: Barium, Chromium, Arsenic, Cadmium, Lead, Selenium,

Beryllium and Mercury. Field parameters shall include pH,

conductivity and temperature. When sampling volumes are

adequate, the Permittee shall also monitor on semi-annual basis,

for Gross Cations, Gross Anions and Alkalinity which include the

following:

Gross Cations Gross Anions Alkalinity

Calcium Chloride Carbonate

Magnesium Sulfate Bicarbonate

Annual Monitoring Parameters: The annual monitoring parameters

are divided into two groups, such that one group will be sampled

during the spring sampling event for closed and unclosed portions

of the facility and the other group will be sampled during the fall

sampling event. The group of parameters to be sampled during the

fall event shall consist of Benzene, Toluene, Ethylbenzene and

Xylene (BTEX), and Diesel Range Organics (DRO). The

analytical method for identifying DRO shall be as specified in the

EPA/SW 8015C. The group of parameters to be sampled during

the spring event shall consist of the following list of Volatile and

Semi-Volatile constituents:


IV-3

Volatiles Semi-Volatiles

Acetonitrile

Allyl Chloride

Benzene

Bromodichloromethane

Bromomethane (also Methyl

Bromide)

Carbon Disulfide

Carbon Tetrachloride

Chlorobenzene

Chlorodibromomethane (also

Dibromochloromethane)

Chloroethane

Chloroform

Chloromethane (also Methyl

Chloride)

Chloroprene

1,2-Dibromo-3 Chloropropane

1,2-Dibromoethane

Dibromomethane (also Methylene

Bromide)

Trans-1-4-Dichloro-2-butene

Dichlorodifluoromethane

1,1-Dichloroethane

1,2-Dichloroethane

Trans-1-2-Dichloroethene (also

trans-1-2-Dichloroethylene)

1-1-Dichloroethylene

Dichloromethane (also Methylene

Chloride)

1,2-Dichloropropene

Cis-1-3-Dichloropropene

Trans-1,3-Dichloropropene

1,4-Dioxane

Ethyl Cyanide (also Propiontrile)

Ethyl Methacrylate

Ethylbenzene

2-Hexanone

Iodomethane (also Methyl Iodide)

Isobutyl Alcohol

4-Methyl-2-pentanone (also MIBK)

Methyl Ethyl Ketone (also MEK or

2-Butanone)

Methyl Methacrylate

Acenaphthene

Acenaphthene

Acetophenone

Aldrin

0-Aminobiphenyl

Anthracene

Aramite

Benzo(a)anthracene

Benzo(a)pyrene

Benzo(b)fluoranthene

Benzo(ghi)perylene

Benzo(k)fluoranthene

Benzyl alcohol (also ‘Benz)

[sic] alcohol’)

Alpha-BHC

Beta-BHC

Delta-BHC

Gamma-BHC; Lindane

Bis(2-ethylhexy)phthalate

4-Bromophenyl ether

2-sec-Butyl-4,6-dinitrophenol

(also Dinoseb)

Butyl benzyl phthalate

Chlordane

p-Chloro-m-cresol

p-Chloroaniline

Chlorobenzilate

2-Chloronaphthalene

2-Chlorophenol

4-Chlorophenyl phenyl ether

Chrysene

m-Cresol

o-Cresol

p-Cresol

4,4’-DDD

4,4’-DDE

4,4’-DDT

Di-n-butyl phthalate

Di-n-octyl phthalate

Dilate

Dibenz(a,h)anthracene

m-Dichlorobenzene

o-Dichlorobenzene

p-Dichlorobenzene


IV-4

Styrene

1,1,1,2-Tetrachloroethane

1,1,2,2-Tetracholorethane

Tetrachloroethene (also

Tetrachloroethylene,

Perchloroethylene)

Toluene (also Methyl Benzene)

Tribromomethane (also Bromoform)

1,1,1-Trichloroethane

1,1,2-Trichloroethane

Trichloroethene (also

Trichloroethylene)

Trichlorofluoromethane

1,2,3-Trichloropropane

Vinyl Acetate

Vinyl Chloride

Xylenes

3,3’-Dichlororbenzene

2,4-Dichlorophenol

2,6-Dichlorophenol

Dibenzofuran

Diedrin

Diethyl phthalate

Dimethoate

Dimethyl phthalate

a,a-Dimethylphenethylamine

2,4-dimethlphenol

4,6-Dinitro-o-cresol

m-Dinitrobenzene

2,4-Dinitrophenol

2,4-Dinitrotoluene

2,6-Dinitrotoluene

Disulfoton

Endosulfan I

Endosulfan II

Endosulfan sulfate

Endrin

Endrin aldehyde

Ethyl methanesulfonate

Famphur

Fluoranthene Fluorine

I heptachlor

Heptachlor epoxide

Hexachlorobenzene

Hexachlorocyclopentadine

Hexachloroethane

Hexachlorophene

Hexachloropropene

Indeno(1,2,3-cd)pyrene

Isophorone

Kepone

Methoxychlor

Methyl parathion

3-Methylchlolanthrene

2-Methylnaphthalene

Naphthalene

1-Naphthylamine

2-Naphthylamine

m-Nitro aniline

o-Nitro aniline

p- Nitro aniline

Nitrobenzene

o-Nitro phenol


IV-5

p- Nitrophenol

4- Nitroquinoline-oxide

Parathion

Pentachlorobenzene

1,2,4-Trichlorobenzene

2,4,5-Trichlorophenol

2,4,6-Trichlorophenol

0,0,0-Triethyl phosphoro-thioate

1,3,5-Trichlorobenzene (also

sym-Trichlorobenzene)

IV.C.2. Groundwater Monitoring System (40 CFR 264.97)

The Permittee shall maintain the groundwater monitoring system at

the facility, which must comply with the following requirements:

IV.C.2.a. Pursuant to 40 CFR 264.97(a), 264.98(b) and OAC

252:205-3-2, the system shall have a sufficient

number of wells, installed at appropriate locations

and depths to yield groundwater samples from the

uppermost aquifer that:

IV.C.2.a.i. Represent the quality of background

groundwater that has not been

affected by leakage from the unit(s),

[40 CFR 264.97(a)(1)];

IV.C.2.a.ii. Represent the quality of groundwater

passing the point of compliance [40

CFR 264.97(a)(2)]; and

IV.C.2.a.iii. Allow for the detection of

contamination when hazardous waste

or hazardous constituents have

migrated from the waste

management area to the uppermost

aquifer [40 CFR 264.97(a)(3)].

IV.C.2.b. All monitoring wells shall be encased in a manner

that maintains their integrity as required by 40 CFR

264.97(c).


IV-6

IV.C.3. Sampling and Analysis Procedures

IV.C.3.a. The Permittee shall maintain a groundwater

monitoring program as specified in Attachment 5.D. of this Permit.

Included are consistent sampling and analysis procedures that are

designed to ensure monitoring results that provide a reliable

indication of groundwater quality below the waste management

area. The most recent DEQ approved version of the Sampling And

Analysis Plan (SAP) shall be utilized. At a minimum the program

must include procedures and techniques for [40 CFR 264.97(d)]:

IV.C.3.a.i. Sample collection;

IV.C.3.a.ii. Sample preservation and shipment;

IV.C.3.a.iii. Analytical procedures;

IV.C.3.a.iv. Chain of custody control; and

IV.C.3.a.v. Quality Assurance/Quality Control.

IV.C.3.b. The Permittee shall employ the sampling and

analysis methods that are appropriate for groundwater sampling

and that accurately measure hazardous constituents in groundwater

samples [40 CFR 264.97(e)]. The analytical detection limits of the

constituents shall not exceed the current method detection limits of

the appropriate analysis method used to analyze the constituents

[40 CFR 264.94(a)(1) and OAC 252:205-3-2].

IV.C.3.c. The Permittee shall determine the groundwater

surface elevation at each well each time groundwater is sampled

[40 CFR 264.97(f)].

IV.C.3.d. Samples shall not be filtered for metals analyses and

shall be analyzed for total metals, except as provided in IV.C.4.b.

of this Permit.

IV.C.3.e. The monitoring and sampling events for the closed

portion of the facility shall be scheduled to coincide with the

monitoring events for the active portion of the facility.

IV.C.4 . Statistical Analysis (40 CFR 264.98(d)).

When evaluating the groundwater monitoring results in accordance

with Permit Condition IV.D., the Permittee shall use the following

procedures:

IV.C.4.a. The Permittee shall collect a sample from each

compliance point well [superseding 40 CFR 264.97(g)(1),


IV-7

264.98(d) and 264.99(f)] and determine whether there is a

statistically significant increase over upgradient (background)

concentrations for each metal listed in Permit Condition IV.C.1.,

for each compliance point.

IV.C.4.b. For Total Metals, the Permittee shall use combined

trend analysis and Shewhart-CUSUM control charts as described

in V.F. to CHLM’s Operation Permit (No.OKD065438376-OP)

Condition V.C.1. on page V-4. The confidence limit shall be the

0.05 level and the coverage shall be equal to 95%. Concentrations

that are below method detection limits will be assigned a value

equal to one-half the method detection limit. The test shall include

the determination of tolerance limit from upgradient background

wells using all historical data for each group of background wells

listed in this Permit Condition IV.B.2. The historical data set used

to calculate the tolerance limit statistics will begin with data

collected during the September 1987, sampling event and include

data collected since that time. CHLM shall also perform statistical

analysis using a background data set beginning with data collected

during May 1998. CHLM shall compare results of the statistical

analyses performed on each data set and report any differences.

Downgradient wells shall be compared to the tolerance limits

developed from the corresponding background wells. If this test

indicates that a significant increase has occurred, an additional

series of statistical tests shall be performed. The first of these tests

shall include an intra-well statistical comparison. This test shall

include current values for that well using a tolerance limit

approach using the same statistical criteria outlined above. If this

test indicates that a significant increase has occurred then a third

statistical test shall be performed. This test shall also include the

development of a tolerance limit. A tolerance limit shall be

determined from each background monitoring well group for the

same point in time (i.e.; the current sampling event). The current

compliance well sampling value(s) will be compared to the

appropriate background well group tolerance limit. If this test also

indicates that the change is significant for Total Metals only, then

the Permittee shall:

Resample the groundwater in the affected well(s) for total and

dissolved metal analyses. A filter size of 0.45 micron shall be used

for field filtering of samples. The sample(s) for total metals

analyses shall be subjected to the same statistical procedures as


IV-8

described above. If these statistical analyses further indicate there

is a possible statistical difference, the filtered sample(s) shall be

subjected to the same series of statistical analyses as described

above. If there is insufficient data from the corresponding

background wells to perform the statistical analyses on the filtered

metal samples, all corresponding background wells will be

sampled for dissolved metals analyses during the next regularly

scheduled quarterly or semi-annual sampling event.

If these final statistical analyses confirm the presence of an

exceedance, then Conditions IV.E.1. and/or IV.E.2. shall apply

[notification, compliance monitoring, and alternate source

protocols [40 CFR 264.98(g)]].

IV.C.4.c. For any well where one or more organic

constituents contained in the lists of hazardous constituents in

Condition IV.C.1. is detected, in concentrations above background

concentrations, the well(s) shall be resampled within thirty (30)

days of the receipt of analytical results from the initial sampling

for the organic parameter(s) detected. If upon resampling, the

organic parameter(s) is detected above background concentrations,

all up- and down-gradient monitoring wells within the affected

waste management area (WMA) shall be resampled for those

organic parameters detected. This resampling shall be

accomplished within forty-five (45) days of receipt of the

analytical results from the previous resampling event. If this

resampling confirms the presence of the organic compound(s) in

any of the monitoring wells within the affected WMA(s), then it

will be concluded that a statistically significant increase has

occurred and Permit Conditions IV.E.1. and/or IV.E.2. shall apply

[notification, compliance monitoring, and alternate source

demonstration protocols, 40 CFR 264.98 (g) and OAC 252:205-3-

2].

IV.C.5. The Permittee may implement an alternate statistical procedure

after it has been reviewed and approved by DEQ. If the Permittee

wishes to pursue its proposal to use an alternate statistical test for

detection monitoring, then the Permittee must submit to DEQ for

approval, a report comparing and contrasting the method preferred

by the Permittee with the method outlined in Permit Condition

IV.C.4. This comparison must evaluate groundwater analysis data

from CHLM over four consecutive sampling events using both


IV-9

methods and must clearly lay out the steps, equations, calculations

and judgments used to conduct the alternate statistical test.

The proposed alternate statistical test must demonstrate that the

alternate method balances the probability of falsely identifying a

non-contaminating regulated unit (false negative) and the

probability of failing to identify a contaminating regulated unit

(false positive). If the alternate statistical test is approved by DEQ,

it will replace the test outlined in Condition IV.C.4. of this Permit.

If the Permittee wishes to establish alternate concentration limits

(ACLs) for hazardous constituents, then the Permittee shall submit

a petition for ACLs for each parameter to DEQ. The petition

should provide complete rationale and justification for any

proposed changes. Any approved ACLs must meet the

requirements of 40 CFR 264.94(b). Until the petition is approved

by DEQ and a permit modification is completed, this Permit shall

use the background level for each constituent unless the constituent

is listed in Table 1 of 40 CFR 264.94(a)(2).

IV.D. MONITORING PROGRAM AND DATA EVALUATION

IV.D.1. The Permittee shall collect, preserve and analyze samples in

accordance with Permittee’s Operating Permit (OKD065438376-

OP), Condition V.D., dated April 1, 2011.

IV.D.2. The Permittee shall determine ground water quality at each

monitoring well at the compliance point semi-annually during the

active life of the regulated unit, including the closure period and

the post-closure care period [40 CFR 264.98(d)]. The Permittee

shall express the ground water quality at each monitoring well in a

form necessary for the determination of significant increases [40

CFR 264.98(c)].

IV.D.3. The Permittee shall determine the ground water flow rate and

direction in the uppermost aquifer at least annually [40 CFR

264.98(e)].

IV.D.4. The Permittee shall construct a potentiometric map and submit the

map to DEQ at least annually.

IV.D.5. The Permittee shall determine whether there is a statistically

significant increase over the background values for each metal

identified in Permit Condition IV.C.1. each time ground water

quality is determined at the compliance point. In determining


IV-10

whether such an increase has occurred, the Permittee must

compare the ground water quality at each monitoring well

specified in Permit Condition IV.B. to the background value

specified in Permit Condition IV.C.4.b. in accordance with the

statistical procedures specified in Permit Condition IV.C.4. [40

CFR 264.98(f)].

IV.D.6. The Permittee shall complete the sampling event within twenty

(20) days. All samples shall be sent to the lab for analysis within

twenty (20) days after the first well is sampled at the Facility. The

prescribed holding times per SW-846 (Test Methods For

Evaluating Solid Waste, Physical/Chemical Methods) shall be

followed.

IV.D.7. The Permittee shall accomplish the evaluations described in Permit

Condition 1V.D.5., and submit the statistically significant increase

report, the final analytical results, and the QC/QA results to the

Director within ninety (90) days of accomplishing Condition

IV.D.6.

IV.E. RECORDKEEPING AND REPORTING

IV.E.1. If the Permittee determines, pursuant to Permit Conditions IV.C.

and IV.D., that there is a statistically significant increase above the

background values for the indicator parameters specified in Permit

Condition IV.C.1., the Permittee shall:

IV.E.1.a. Notify the DEQ in writing within seven (7) days

[40 CFR 264.98(g)(1)].

IV.E.1.b. For the Fall sampling parameters, sample the

ground water in all up-and down-gradient wells in

the affected waste management area(s) (WMA's)

for all Appendix IX of 40 CFR part 264

constituents, and for the Spring sampling

parameters, sample the ground water in all up and

down-gradient wells in the affected WMA's for only

the Appendix IX of 40 CFR 264 constituents not

listed in Condition IV.C.1., and determine the

concentration of all constituents identified in

Appendix IX of 40 CFR 264. These wells shall be

resampled within forty-five (45) days of

determining there has been a statistically significant

increase [40 CFR 264.98(g)(2)].


IV-11

IV.E.1.c. Establish the background values for each Appendix

IX constituent found in the ground water [40 CFR

264.98(g)(3)].

IV.E.1.d. Within ninety (90) days submit to DEQ an

application for a permit modification to establish a

new compliance monitoring program meeting the

requirements of part 264.99 [40 CFR 26498(g)(4)].

The application must include the following

information:

IV.E.1.d.i. An identification of the

concentration of each Appendix IX

constituent found in the ground water

at each monitoring well at the

compliance point [40 CFR

264.98(g)(4)(i)].

IV.E.1.d.ii. Any proposed changes to the ground

water monitoring system at the

facility necessary to meet the

requirements of compliance

monitoring, as described in 40 CFR

264.99 [40 CFR 264.98(g)(4)(ii)].

IV.E.1.d.iii. Any proposed changes to the

monitoring frequency, sampling and

analysis procedures or methods, or

statistical procedures used at the

facility necessary to meet the

requirements of compliance

monitoring, as described by 40 CFR

264.99[40 CFR 264.98(g)(4)(iii)].

IV.E.1.d.iv. For each hazardous constituent found

at the compliance point, a proposed

concentration limit, or a notice of

intent to seek an alternative

concentration limit [40 CFR

264.98(g)(4)(iv)].

IV.E.1.e. Submit a corrective action feasibility plan to the

DEQ within 180 days [40 CFR 264.98(g)(5)].


IV-12

IV.E.2. As an alternative to IV.E.1.e., if the Permittee determines, pursuant

to Permit Condition IV.D., there is a statistically significant

increase above the background values for the parameters specified

in Permit Condition IV.C.1., he may demonstrate that a source

other than a regulated unit caused the increase or that the increase

resulted from error in sampling, analysis or evaluation or natural

variation in the groundwater [OAC 252:205-3-2 and 40 CFR

264.98(g)(6)]. In such cases the Permittee shall:

IV.E.2.a. Notify DEQ within seven (7) days that he intends to

make a demonstration [40 CFR264.98 (g)(6)(i)].

IV.E.2.b. Within ninety (90) days, submit a report to DEQ

which demonstrates that a source other than a

regulated unit caused the increase, or that the

increase resulted from error in sampling, analysis or

evaluation [40 CFR 264.98(g)(6)(ii)].

IV.E.2.c. Within ninety (90) days, submit to DEQ an

application for a permit modification to make any

appropriate changes to the detection monitoring

program at the facility [40 CFR 264.98(g)(6)(iii)].

IV.E.2.d. Continue to monitor in accordance with the

detection monitoring program established at the

facility [OAC 252:205-3-2(f), and 40 CFR

264.98(g)(6)(iv)].

IV.F. REQUEST FOR PERMIT MODIFICATION

IV.F.1. DEQ Initiated Modifications

If at any time for any of the reasons specified in 40 CFR 270.41,

DEQ determines that modification of this Permit is necessary,

DEQ may initiate permit modification proceedings in accordance

with the regulations set forth at 40 CFR 270.41.

IV.F.2. Permittee Initiated Modifications

The Permittee may, where appropriate, initiate permit

modifications in accordance with the regulations set forth at 40

CFR 270.42. All applicable requirements and procedures as

specified in 40 CFR 270.42 shall be followed by Permittee in

initiating such proceedings.


IV-13

IV.F.3. Modification of Corrective Action Schedules of Compliance

(CASC)

IV.F.3.a. The Permittee shall adhere to the CASC contained

in this permit (Table V-1). If at any time the

Permittee determines that such schedules cannot be

met, the Permittee shall, within fifteen (15) days of

such determination, notify DEQ and submit a

request for a permit modification under 40 CFR

270.42, with a justification as to why the current

CASC cannot be met.

IV.F.3.b. If DEQ determines that a modification of the CASC

is required, the permit modification procedures of

40 CFR 270.42 will apply.

IV.F.3.c. The Permittee will submit the proposed

modification. Such proposed modification will:

IV.F.3.c.i. Describe the exact changes to be

made to the permit conditions;

IV.F.3.c.ii. Provide an explanation of why the

modification is needed.

IV.G. PERMIT REVIEW

This Permit may be reviewed by DEQ five (5) years after the date of permit

issuance and may be modified as necessary as provided for in Permit Condition

I.C.2. Nothing in this section shall preclude DEQ from reviewing and modifying

the Permit at any time during its term.

IV.H. COMPLIANCE WITH PERMIT

Compliance with a RCRA permit during its term constitutes compliance, for

purposes of enforcement, with subtitle C of RCRA except for those requirements

not included in the permit which:

IV.H.1. Become effective by statute;

IV.H.2. Are promulgated under 40 CFR 268 restricting the placement of

hazardous wastes in or on the land; or

IV.H.3. Are promulgated under 40 CFR 264 regarding leak detection

systems for new and replacement surface impoundment, waste

pile, and landfill units, and lateral expansions of surface

impoundment, waste pile, and landfill units. The leak detection


IV-14

system requirements include double liners, CQA programs,

monitoring action leakage rates, and response action plans, and

will be implemented through the procedures of 40 CFR 270.42

Class 1 permit modifications.

IV.H.4. If the Permittee or DEQ determines that the detection monitoring

program no longer satisfies the requirements of the regulations, the

Permittee must, within ninety (90) days of the determination,

submit an application for a permit modification to make any

appropriate changes to the program which will satisfy the

regulations [40 CFR 264.98(h)].


V-1

PART V CORRECTIVE ACTION

V.A. HIGHLIGHTS

Corrective Action for Releases: Section 3004(u) of RCRA, as amended by

HSWA, and 40 CFR 264.101, require that permits issued after November 8, 1984,

address corrective action for releases of hazardous waste or hazardous

constituents from any Waste Management Areas (WMAs) at the Facility,

regardless of when the waste was placed in the unit.

This section of the RCRA hazardous waste Post-Closure Permit covers the

groundwater monitoring conditions to be followed by the Permittee for corrective

action of the Landfill Cell 5 release described herein, as long as CHLM remains

in the compliance period for the release.

Landfill Cell 5 was originally permitted in 1981 as Pond 5, and was operated as a

surface impoundment for evaporation of corrosive wastes and wastewaters. It was

constructed with a six-foot compacted clay liner and a leak detection system

installed beneath. In February 1982, during an inspection by the Oklahoma State

Department of Health, Tetrachloroethene (Perchloroethylene or PCE) was found

in the leak detection system at a concentration of thirty-seven percent (37%).

After two months of pumping from the detection system, the level was reduced to

a few parts per million. Operation of Pond 5 (Landfill Cell 5) as an impoundment

continued until late 1983 when removal of the liquids began. Remaining sludges

and additional sludges transferred to Pond 5 from other impoundments at the

facility were stabilized in-place and Pond 5 was closed with a RCRA-design

closure cap as Landfill Cell 5. Detection monitoring wells were installed adjacent

to the cell in 1986 and 1987. In March 1989, PCE was detected in MW 5-A2,

indicating a release had occurred from the cell. The contamination in this well

was confirmed in April 1989. Assessment work performed by the Permittee in the

area of the release has characterized a contamination plume and identified it as a

release of PCE and its related degradation products, Trichloroethene (TCE) and

cis-1,2-Dichloroethene (DCE). The plume is emanating from the east side of

Landfill Cell 5 to the northeast direction as illustrated on Figure 1 of the Cell 5

Corrective Action Program dated June 12, 1997. Based on the results of

assessment work, the vertical extent of the plume is limited to the upper section of

aquifer above the first green claystones and a local area, below the first green

claystones, near Monitoring Well RFI-16. The contamination found in Monitoring

Well RFI-16 has decreased significantly since original detection.

The Permittee has completed RCRA Facility Investigations, Interim Measures,

and Corrective Measures Study processes, and has provided the technical


V-2

justification required to propose implementation of a corrective action program

for this release.

V.B. NOTIFICATION REQUIREMENTS FOR AND ASSESSMENT OF

NEWLY-IDENTIFIED WMAs (LANDFILL) AND POTENTIAL AOCs

V.B.1. The Permittee shall notify DEQ, in writing, of any newly identified

WMA(s) and potential AOCs (i.e., a unit or area not specifically

identified during the RFA), discovered in the course of ground

water monitoring, field investigations, environmental audits, or

other means, no later than thirty (30) calendar days after discovery.

The Permittee shall also notify DEQ of any newly-constructed

land-based WMAs (including but not limited to, surface

impoundments, waste piles, landfills, land treatment units) and

newly-constructed WMAs where any release of hazardous

constituents may be difficult to identify (e.g., underground storage

tanks) no later than thirty (30) days after construction. The

notification shall include the following items, to the extent

available:

V.B.1.a. The location of the newly-identified WMA or

potential AOC on the topographic map required

under 40 CFR Section 270.14(b)(19). Indicate all

existing units in relation to other WMAs;

V.B.1.b. The type and function of the unit; the general

dimensions, capacities, and structural description of

the unit (supply any available drawings);

V.B.1.c. The period during which the unit was operated;

V.B.1.d. The specifics, to the extent available, on all wastes

that have been or are being managed at the WMA or

potential AOC; and

V.B.1.e. Results of any sampling and analysis required for

the purpose of determining whether releases of

hazardous waste including hazardous constituents

have occurred, are occurring, or are likely to occur

from the SWMU or whether the AOC should be

considered a WMA.

V.B.2. Based on the results of this Notification, DEQ will designate the

newly-identified AOC(s) as deemed appropriate. Based on the

results of this notification or investigation conducted according to


V-3

Permit Condition VI.C., DEQ will determine the need for further

investigations or corrective measures at any newly-identified

WMA(s) or AOC(s). If DEQ determines that such investigations

are needed, DEQ may require the Permittee to prepare a plan for

such investigations. The plan for investigation of WMA(s) or

AOC(s) will be reviewed for approval as part of the RFI Work plan

or a new RFI Work plan under Permit Condition V.E. The Permit

will be modified according to Permit Condition I.B to incorporate

the investigation requirements for the newly-identified AOC(s)

identified pursuant to Permit Condition V.B.1. if an investigation is

required.

V.C. NOTIFICATION REQUIREMENTS FOR NEWLY-DISCOVERED

RELEASES AT WMA(s) AND AOC(s)

In accordance with OAC 252:205-13-1, the Permittee shall notify DEQ

immediately after discovery of any release(s) from a WMA or AOC of hazardous

waste or hazardous constituents discovered during the course of ground water

monitoring, field investigation, environmental auditing, or other means. Such

newly-discovered releases may be from newly-identified WMAs or AOCs,

newly-constructed WMAs, or from WMAs or AOCs for which, based on the

findings of the RFA, completed RFI, or investigation of an AOC(s), DEQ had

previously determined no further investigation was necessary. The Permittee must

also submit written notification within fifteen (15) calendar days of discovery of

the releases. This notification shall include information concerning actual and/or

potential impacts beyond the facility boundary and on human health and the

environment, if available at the time of the notification. DEQ may require further

investigation and/or interim measures for the newly identified release(s), and may

require the Permittee to prepare a plan for the investigation and/or interim

measure. The plan will be reviewed for approval as part of the RFI Work plan or a

new RFI Work plan under Permit Condition V.E. The Permit will be modified

according to Permit Condition I.B.3. to incorporate the investigation, if required.

V.D. INTERIM MEASURES

V.D.1. If during the course of any activity initiated under this Permit,

DEQ determines that a release or potential release of hazardous

constituents from a WMA poses a threat to human health and the

environment DEQ may require interim measures. DEQ shall

determine the specific measure(s) or require the Permittee to

propose a measure(s). The interim measure(s) may include a

permit modification, a schedule for implementation, and a written

plan. DEQ shall notify the Permittee in writing of the requirement


V-4

to perform interim measures. DEQ may modify this Permit

according to Permit Condition I.B.1. to incorporate interim

measures into the Permit (27A O.S. § 2-6-105; OAC 252:205-9-1

and 252:205-13-1).

V.D.2. The Permittee may propose interim measures at any time. The

proposal shall include a written plan and a schedule for

implementation. Depending upon the nature of the interim

measure, a permit modification may be required.

V.D.3. The following factors will be considered by DEQ in determining

the need for interim measures and the need for permit

modification:

V.D.3.a. Time required developing and implementing a final

remedy;

V.D.3.b. Actual and potential exposure to human and

environmental receptors;

V.D.3.c. Actual and potential contamination of drinking

water supplies and sensitive ecosystems;

V.D.3.d. The potential for further degradation of the media in

the absence of interim measures;

V.D.3.e. Presence of hazardous wastes in containers that may

pose a threat of release;

V.D.3.f. Presence and concentration of hazardous waste

including hazardous constituents in soil that has the

potential to migrate to ground water or surface

water;

V.D.3.g. Weather conditions that may affect the current

levels of contamination;

V.D.3.h. Risks of fire, explosion, or accident; and

V.D.3.i. Other situations that may pose threats to human

health and the environment.

V.E. RFI WORKPLAN

In the event that the Permittee discovers WMAs or AOCs that require

investigation, this Permit shall be modified to include the requirements for an RFI

Work plan in this section.


V-5

V.F. RFI IMPLEMENTATION

The Permittee has implemented an RFI at the Facility. In the event that the

Permittee identifies additional WMAs or AOCs, this Permit may be modified to

include requirements for an additional RFI implementation.

V.G. RFI FINAL REPORT AND SUMMARY

The Permittee has implemented an RFI/CMS at the Facility and submitted an RFI

WMAs or AOCs. This Permit may be modified to include requirements for an

additional RFI Report and Summary.

V.H. DETERMINATION OF NO FURTHER ACTION (NFA)

V.H.1. Should an additional RFI be required, the Permittee may, based on

the results of the RFI and/or other relevant information, submit an

application to DEQ for a Class III permit modification under 40

CFR 270.42(c) to terminate the RFI/CMS process for a specific

unit. This permit modification application must contain

information demonstrating that there are no releases of hazardous

waste or hazardous constituents from a particular WMA at the

Facility that pose threats to human health and/or the environment,

as well as additional information required in 40 CFR 270.42(c).

If, based upon review of the Permittee's request for a permit

modification, the results of the RFI, and other information,

including comments received during any public comment period

required for Class III permit modifications, DEQ determines that

releases or suspected releases which were investigated either are

non-existent or do not pose a threat to human health and/or the

environment, DEQ may grant the requested modification.

V.H.2. If necessary to protect human health or the environment, a

determination of no further action shall not preclude DEQ from

requiring continued or periodic monitoring of air, soil, ground

water, or surface water, when site-specific circumstances indicate

that releases of hazardous waste or hazardous constituents are

likely to occur.

V.H.3. A determination of no further action shall not preclude DEQ from

requiring further investigations, studies, or remediation at a later

date, if new information or subsequent analysis indicates a release

or likelihood of a release from a WMA at the Facility that is likely

to pose a threat to human health or the environment. In such a case,

DEQ shall initiate a modification to the Permit.


V-6

V.I. CORRECTIVE MEASURES STUDY (CMS) PLAN

The Permittee has effectively completed a CMS Plan for the Facility (approved

by DEQ on October 14, 1997). In the event that additional CMS work is

required, this Permit shall be modified to include requirements for a new CMS

Plan.

V.J. CMS IMPLEMENTATION

As of the date of Permit issuance, the Permittee is implementing Corrective

Measures at the Facility. In the event that an additional CMS is required, this

Permit shall be modified to include requirements for CMS implementation.

V.K. CMS FINAL REPORT AND SUMMARY

The Permittee has implemented a CMS at the Facility and submitted a CMS Final

Report and Summary (January 14, 1997). In the event that the Permittee identifies

additional WMAs or AOCs, this Permit may be modified to include requirements

for additional CMS Report(s) and Summary.

V.L. CORRECTIVE MEASURES (REMEDY) SELECTION AND

IMPLEMENTATION

The Permittee has completed corrective measures selection and implementation at

the Facility for all known WMAs (January 1, 1998). In the event that the

Permittee is required to perform additional corrective measures, this Permit may

be modified to include corrective measure selection and implementation

requirements.

V.M. RFI SCOPE OF WORK

The Permittee has implemented an RFI at the Facility and submitted an RFI Final

Report and Summary. In the event that the Permittee identifies additional WMAs

or AOCs, this Permit may be modified to include requirements for an RFI Scope

of Work.

V.N. CMS SCOPE OF WORK

(RESERVED)

TABLE V-1: CORRECTIVE ACTION SCHEDULES OF COMPLIANCE

Below is a summary of the planned reporting requirements pursuant to this Permit

which may be required by DEQ:

Actions Due Date (Examples)

Progress reports on all activities Quarterly; no later than ninety (90)

calendar days after effective date of

Permit


V-7

RFI Workplan (Reserved)

Revised RFI Workplan (Reserved)

RFI Report and Summary (Reserved)

Revised RFI Report and Summary (Reserved)

Notification of newly identified WMAs

Thirty (30) days after discovery

Notification of newly discovered

releases

Fifteen (15) days after discovery

Interim Measure Plan As approved by DEQ

Revised Interim Measure Plan As determined by DEQ

CMS Plan (if required) (Reserved)

Revised CMS Plan (Reserved)

CMS Final Report and Summary (Reserved)

Revised CMS Final Report (Reserved)

Demonstration of Financial Assurance

at Facility

Sixty (60) calendar days after permit

modification to implement corrective

measures

TABLE V-2 WMA DESIGNATION AND STATUS; DEFINITION OF AREA OF

CONCERN

Waste Management Areas (WMA)

WMA Name Original Permit/Corrective Action

Status February 7, 1998

Permit/Corrective

Action Status (As

of effective date

of permit)

1 Landfill Cell 5 RFI performed Groundwater

Monitoring is

ongoing

2 Drum Cell In compliance monitoring phase Groundwater

Monitoring is

ongoing

V.O. WELL LOCATION, INSTALLATION AND CONSTRUCTION

The Permittee shall maintain and operate the groundwater monitoring system to

comply with the requirements specified below for landfill Cell 5 [40 CFR

264.100].

V.O.1. The Permittee shall install and maintain groundwater monitoring

wells at the locations specified on Figure I of the Permittee`s "Cell

5 Corrective Action Program" dated June 12, 1997, and in

conformance with the following list under 264.95 [40 CFR

264.100(a)(3) and under 264.99 [ 264.100(d)]].


V-8

Source Zone and Dissolved Plume Monitoring Wells

MW 5-A2, MW 5-A3, RFI-10, RFI-11, RFI-14 (primary recovery

well), RFI-15 and RFI-16 (deep well).

Point-of-Compliance Monitoring Wells

RFI-1, RFI-2A, RFI-3A, RFI-4A, RFI-5, RFI-6, RFI-7, RF1-9

and RFI-17 (deep well).

V.O.1.a. RFI-14 shall be the designated primary recovery

well for drawdown of the water table to create a

cone-of-influence for the corrective action method

specified in Condition V.R.2. With notice to DEQ

within thirty (30) days, other wells may be used in

conjunction or separately, to achieve the cone-of-

influence necessary to contain the plume on-site.

V.O.1.b. RFI-16 and RFI-17 are the designated deep

monitoring wells that will be monitored to

determine if contamination has migrated below the

first green claystones. DEQ may require the use of

additional wells if deemed necessary.

V.O.2. When new monitoring wells are constructed, the Permittee shall

submit to DEQ details of well construction including the cuttings

log and the information required by Conditions VI.A.1. and

VI.A.2. shall be submitted within sixty (60) days of completion of

a new well.

V.O.3. All wells removed from the Corrective Action program, which are

not in use for other designated monitoring purposes, shall be

plugged and abandoned accordingly. Plugging methods and

reporting shall meet applicable local, federal, and state regulations

[OAC 252:205-1-3 and 252:205-15]. Well plugging and

abandonment methods and certification shall be submitted to DEQ

within thirty (30) days from the date the wells are plugged.

V.P. GROUNDWATER PROTECTION STANDARD

V.P.1. The Permittee shall implement a corrective action program to

ensure that regulated units are in compliance with the groundwater

protection standard [40 CFR 264.100(d)]. The following hazardous

constituents and their concentration limits comprise the


V-9

groundwater protection standard for the corrective action for

Landfill Cell 5 [40 CFR 264.93 and 264.94(a)]:

Hazardous Constituents Maximum Concentration Limits

Tetrachloroethene (Perchloroethylene or

PCE)

5.0 µg/l

Trichloroethene (Trichloroethylene or

PCE)

5.0 µg/l

Cis-1,2-Dichloroethene (DCE) 70.0 µg/l

Vinyl Chloride (VC) 2. 0 µg/l

The Maximum Concentration Limits are based on the Safe Drinking Water Act

standards.

V.P.2. The Permittee shall monitor the Point-of-Compliance Monitoring

Wells and the Source Zone and Dissolved Plume Monitoring Wells

specified in Condition V.O.1. [40 CFR 264.95]. The Permittee

shall also monitor wells between the Point-of-Compliance and the

facility boundary that are established as a result of Condition

V.O.3.

V.P.3. The Permittee shall monitor for PCE, TCE, DCE, and VC during

the compliance period as specified in Condition V.P. [40 CFR

264.96(c))]. Exceedances of other constituents at the Point of

Compliance of the Detection Monitoring Program of Part VI of

this Permit shall require an application for a permit modification to

modify the corrective action [40 CFR 264.100(h)].

V.P.4. The Director may establish an alternate concentration limits for

Corrective Action in accordance with 40 CFR 264.94(b).

V.Q. COMPLIANCE PERIOD

The compliance period began on February 7, 1998, for corrective action and shall

terminate when the Groundwater Protection Standard of Condition VI.B. has been

met for three (3) consecutive years.

V.R. CORRECTIVE ACTION PROGRAM FOR CELL 5

V.R.1. The Permittee began corrective action within thirty (30) days of

issuance of the effective date of the February 7, 1998, Permit [40

CFR 264.100(c) and OAC 252:205-13-1(g)].


V-10

V.R.2. The Permittee shall implement a corrective action program that

prevents hazardous constituents from exceeding their respective

maximum concentration limits at the Point of Compliance by

removing the hazardous waste constituents or by treating them in

place [OAC 252:205-13-1(g)(5) and 40 CFR 264.100(b)]. The

method of corrective action shall be pump-and-treat technology,

utilizing the recovery well(s) specified in Condition V.O.1.a. The

Permittee may submit, for approval by the Director, a plan to

install an iron reaction wall to be used in conjunction with, or as an

alternative to, pump and-treat technology. The Permittee may also

submit, for approval by the Director, a proposal for incorporating

Alternate Contaminant Levels (ACLs). If the Permittee proposes

ACLs, a schedule for the completion of a Risk Assessment and

submittal of the report(s), must be included in the proposal.

V.R.3. If the groundwater protection standard is exceeded at any Point of

Compliance well(s) defined in Condition V.O.1., the Permittee

shall perform quarterly monitoring in the affected well(s) in

accordance with Operation Permit Condition V.F.1.b. If after one

(1) year of quarterly monitoring the groundwater protection

standard is still exceeded, the Permittee shall, within ninety (90)

days of confirmation sampling, submit to DEQ an application for a

permit modification to modify the corrective action and to install

additional monitoring wells beyond the Point of Compliance

specified in Condition V.K.1. [OAC 252:205-3-2 and 40 CFR

264.100(h)]. The Permittee shall monitor and conduct corrective

action beyond the Point of Compliance and, if necessary, beyond

the facility boundary [40 CFR 264.100(e)(1) and (2)].

V.R.4. Corrective action must continue until the groundwater protection

standard has not been exceeded for three (3) consecutive years [40

CFR 264.100(e)(4)].

V.S SAMPLING AND ANALYSIS PROCEDURES

V.S.1. The Permittee shall use the techniques and procedures, and Quality

Control/Quality Assurance procedures, of Condition IV.C.3. of this

Permit when obtaining and analyzing samples from the

groundwater monitoring wells described in Condition V.B.1. The

standard purging procedure prior to collecting samples is to

remove at least three (3) times the volume of water in the well at

the time of sampling or purge until dry. If the Permittee can

demonstrate that the quality of water samples does not change


V-11

significantly from the first well volume to the third, Permittee may,

with prior approval of the Director, reduce the purge volumes to

the volume approved by the Director [40 CFR 264.97(d) & (e)].

V.S.2. The Permittee shall employ the sampling and analytical methods

that are appropriate for groundwater sampling and that accurately

measure hazardous constituents in groundwater samples. The

analytical detection limits of the constituents shall not exceed the

current method detection limits of the appropriate analysis method

used to analyze the constituents. The method detection limits shall

be reported on the laboratory reports required by Condition V.O.1.

The method detection limit for Vinyl Chloride (VC) shall not

exceed 2.0 μg/l (ppb), except where sample preparation procedures

for Perchloroethylene analyses require dilution.

V.T. ELEVATION OF THE GROUNDWATER SURFACE

V.T.1. The Permittee shall determine the elevation of the ground water

surface at each well, each time the ground water is sampled, in

accordance with Permit Condition V.V. [40 CFR 264.97(f)]. The

Permittee shall report the surveyed ground surface elevation of all

existing monitoring wells on the facility map of the recent Part B

Permit Application.

V.T.2. The Permittee shall record on the as-built drawing of each

monitoring well the surveyed elevation of the ground surface and

the reference point from which water levels are measured.

V.U. STATISTICAL PROCEDURES

When evaluating the groundwater monitoring results to determine the

effectiveness of corrective action measures, in accordance with Permit Condition

V.V., the Permittee shall use the following procedures:

V.U.1. A control chart approach (graphical illustration) with MCLs listed

in Condition V.P.1. as the control limits. No statistical adjustment

to the sampling data will be required for this method.

V.U.2. If the Permittee or DEQ determines that a statistical adjustment to

the data of the method in Condition V.U.1., or that another method

or a statistical method is necessary to properly evaluate the

sampling data, the Permittee shall submit a proposed method for

approval.


V-12

V.V. MONITORING PROGRAM AND DATA EVALUATION

The Permittee shall establish and implement a groundwater monitoring program

to demonstrate the effectiveness of the corrective action program [OAC 252:205-

13-1(a)(g) and 264.100(d)]. Groundwater monitoring shall he conducted and shall

be as effective as compliance monitoring under 40 CFR 264.97 and 40 CFR

264.99. The Permittee shall determine groundwater quality as follows:

V.V.1. The Permittee shall collect, preserve and analyze samples in

accordance with Permit Condition V.S.

V.V.2. The Permittee shall determine the concentrations of the hazardous

constituents specified in Condition V.C., throughout the

compliance period and any extensions of the compliance period, to

demonstrate conformance with the groundwater protection

standard [40 CFR 264.92]. The Permittee shall determine the

concentration of hazardous constituents in groundwater for all

monitoring wells listed in Condition V.O.1., and any additional

wells established as a result of Condition V.R.3., on a semi-annual

frequency. If the groundwater protection standard is exceeded in

any well at the Point of Compliance, or downgradient of the Point

of Compliance, the sampling frequency for the affected well(s)

shall increase to quarterly until the concentrations of constituents

have decreased below MCLs for four consecutive quarters (one

year) [40 CFR 264.100(f))].

V.V.3. The Permittee shall determine the ground water flow rate and

direction in the uppermost aquifer at least annually [40 CFR

264.99(e)].

V.V.4 The Permittee shall complete the sampling event within seven (7)

days of beginning sampling operations. All samples shall be sent to

the laboratory for analysis within seven (7) days after the first well

is sampled at the Facility. If the sampling is conducted in

conjunction with the Detection Monitoring program, the time

frames of PART IV of this Permit shall apply. In either case, the

prescribed holding times per the most recent version of SW-846

(Test Methods for Evaluating Solid Waste, Physical/Chemical

Methods) shall not be exceeded.

V.V.5. The Permittee shall compare the measured concentration of each

monitored hazardous constituent to its respective limit in the

groundwater protection standard each time groundwater quality is

determined, in accordance with Condition V.V.2. [40 CFR


V-13

264.96].The Permittee must compare the groundwater quality

measured at each monitoring well specified in Condition V.V.3. in

accordance with the procedures specified in Condition V.U.

V.V.6. The Permittee shall accomplish the evaluations described in

Conditions V.U.1. through V.V.5. within ninety (90) days of

beginning sampling events, or in accordance with PART IV of this

Permit if sampling is conducted in conjunction with the Detection

Monitoring program.

V.W. RECORDKEEPING AND REPORTING

V.W.1. The Permittee shall enter all monitoring, testing and analytical data

(including laboratory reports for analytical data) obtained in

accordance with Condition V.V. in the operating record [40 CFR

264.97(j)]. Any computations, calculated means, variances, values

and results of statistics employed shall be included.

V.W.2. The Permittee shall report, in writing, semi-annually to DEQ on

the effectiveness of the corrective action program. These reports

shall be submitted in accordance with the time schedules set forth

in Condition V.V.6., until the Corrective Action program has been

completed [40 CFR 264.100(g) and OAC 252:205-13-1(g)]. The

reports shall include in brief format, the data and evaluations

required by Conditions V.T.1., V.U.1., V.V.2., V.V.3., V.V.5., and

V.W.1., graphical illustrations of the control charts and the

groundwater surface elevation (potentiometric surface map) and a

plume map for each hazardous constituent.

V.X REQUEST FOR PERMIT MODIFICATION

If the Permittee or DEQ determines that the corrective action no longer satisfies

the requirements of 40 CFR 264.100(h) or this Permit, the Permittee must, within

ninety (90) days submit an application for a permit modification to make any

appropriate changes to the program [40 CFR 264.100(h)].

CLEAN HARBORS- LONE MOUNTAIN LLC-POST-CLOSURE PERMIT XX/XX/XX VI-1

PART VI LANDFILL OPERATIONS CONDITIONS

VI.A LEACHATE MANAGEMENT CONDITIONS

VI.A.1 The Permittee shall continue to maintain and operate the leak

detection systems in all cells covered by this Post-Closure Permit

and the leachate collection systems of all cells, present and future)

that have leachate collection systems [40 CFR 264.310(6)(2)].

VI.A.2 The Permittee shall inspect the leak detection and leachate

collection lines located between the pumps and the leachate

storage tanks using the inspection schedule contained in

Attachment 4 of the 2015 Part B Permit Renewal Application to

ascertain the integrity of the lines.

VI.A.3 The Permittee shall inspect the leak detection systems in all cells

covered by this Permit (as listed in Permit Condition IV.B.) for the

presence of liquid on a frequency set forth in the inspection

schedule contained in Attachment 4 of the 2015 Part B Permit

Renewal Application. The results of the inspection, including the

amount of liquid found, shall be entered in the operating record. If

liquid is found in the leachate collection system, the liquid shall be

removed from the landfill unit, to the extent practicable, within 8

hours of the time such liquid is found. The liquid shall be managed

as hazardous waste.

VI.B. ACTION LEAK DETECTION RATE(S)

Action leakage rate notification

The Permittee shall adopt a three tier Action Leakage Rate Systems (ALR) in

accordance with the facility’s Operations Permit Conditions of VI.F.2 through

VI.F.9, (Operations Permit of April 1, 2011). This condition applies to all

landfills.

[Note: The established Leak Detection Collection and Removal Systems LDCRS)

are defined as the leak detection system located immediately below the

uppermost liner.

Documents

CLEAN HARBORS LONE MOUNTAIN, LLC LONE MOUNTAIN … · The notice must also be broadcast over local radio stations, and mailed to the people on the mailing list by the same deadline