Renewable Energy at Closed Landfills Workshop: Landfill Post Closure Use Permitting Guidelines January 19, 2010 Daniel Hall, Solid Waste Section Chief Massachusetts Department of Environmental Protection

Universe of Landfills Active Landfills tend to be large private sites. Landfills that have been assessed and closed (capped/final cover). larger landfills, risks and closure design aspects are known. majority were municipal operations. generally, ready to move forward. “Outliers” (old landfills, dumping grounds that have not been assessed or closed).

“Outliers” Tend to be smaller sites. Must be assessed and closed either before or during redevelopment. Need to ensure that funds and time will be available. If you have an Outlier be Proactive and MANAGE YOUR RISKS. Development next to or on Outliers may trigger requirements for the owner/operator to start the assessment and closure process.

Getting Started 1. Review Existing Approvals and Permits Site Assignment Previous MEPA certificates Closure Plans & Assessment

2. Identify the Approvals Needed Post Closure Use Permit Massachusetts Environmental Policy Act (MEPA) Thresholds (energy, impervious surface, etc.) change to an existing solid waste project state financial assistance Local Permits wetlands, zoning, building, etc.

3. Set up a Pre-application Meeting with MassDEP Solid Waste Management Section Chiefs Southeast Regional Office: David B. Ellis, ( ), Northeast Regional Office: John Carrigan, ( ), Central Regional Office: Lynne Welsh, ( ), Western Regional Office: Dan Hall ( ),

4. Submit a Post Closure Permit Application Who can complete the permit application? Registered Massachusetts Professional Engineer with Owner’s Approval Major Post Closure Use Permit Application Agency review typically takes 2-6 months Can take much longer if no previous assessment or closure at proposed site MassDEP Review Criteria Maintain integrity of final cover system No adverse impacts to public health, safety, welfare and the environment

Critical Application Components What the DEP permit reviewer will be most focused on; Foundations Stormwater Controls Long-Term Maintenance

Foundations Must not compromise the function of landfill cap/final cover system; keeps water out and landfill gas in. Must be geotechnically stable and designed to accommodate loading/settlement. Chosen design and density of development will directly impact considerations for both stormwater management and long-term maintenance.

Stormwater Controls Consider: the foundation design and density of development. location and orientation of power lines from development. Will these factors concentrate runoff and erosion potential or create water bars? Design for the 24-hour, 25 year storm event. Evaluate flooding potential from the 24- hour, 100 year storm event.

Long-Term Maintenance Maintenance ensures the continued functionality of the cap/final cover system and all of its components. Designed well: Maintenance should be minimal. Designed poorly: may need efforts to address instability, frequent erosion/cap repairs, and/or labor intensive vegetation control.

Supporting Materials Existing Site Conditions Site plans (likely on-file at MassDEP) Report (narrative) Findings (I.D. any baseline issues) Proposed Post Closure Design Plans Site plans and design details (P.E. stamped/sealed) Narrative Report that describes:  Technical analysis of proposal  Effect of changes

Post-Closure Use Permit Application: The Bottom Line If your application clearly demonstrates that the proposed development: Integrates well with the function of the landfill cap/final cover; Does not pose increased erosion potential; Provides adequate maintenance; and Does not create new exposure pathways to landfill gas or leachate. Then review of your application should proceed favorably.

Resources How MassDEP permitting works? Post Closure Use Instructions and Application Form Landfill Technical Guidance Manual Control of Odorous Gas at Massachusetts Landfills CMR Solid Waste Regulations CMR MEPA Regulations Fact sheet: Developing Renewable Energy Facilities on Closed Landfills