Solid Waste Management Regulations (Chapter 2401-31)

CHAPTER 2401-31 SOLID WASTE MANAGEMENT REGULATIONS 2401-31-01 2401-31-02 2401-31-03 2401-31-04 240J.31-05 2401-J 1-06 2401-31-07 2401-31-08 2401-31-09 2401-31-10 2401-31-11 2401-J 1-12 2401-31-13 2401-3!-14 2401-31-15 2401-31-16 2401-31-17 2401-31-18 2401-31-19 2401-31-20 2401-31-21 2401-31-22 2401-31-23 2401-31-24 2401-31-25 2401-31-26 2401-31-27 2401-31-28 2401-31-29 2401-31-30 2401-31-31 2401-31-32 2401-31-33 2401-31-34 240\-31-35 2401-31-36 2101-31-]7 GENERAL REQUIREMENTS Authority Purpose Definit,,ms STORAGE REQUIREMENTS General Storage Requirements Food Wastes Building and Facility Design Bulky Wastes Waste Containers SOL,fl WASTE COLLECTION CoP~ction Safety Collection Equipment (e,;iection Frequency Collection Operations =>OUD WASTE MANAGEMENT RfSl'0' :~1muTY At,~•f,, :,urv STANDARDS Solid Waste Management Respons+l!iiy Solid Waste Disposal Facility ~ta.-.dards Mandatory Requirements Discretionary Requirements Solid Waste Disposal Requireme,-:ts Reclamation Facilities Standards Incineration Standards Transfer Station Standards Hazardous Waste Disposal Standar::!s Private Waste Dispos2I System Standards SOW) WASTE PERMIT SYSTEM Pe,mit Required !'ermit Application Application Review D<-ration of Permit Permit Conditions ';~errnination of Permit!~ Ope,<1tions i-';:rfa t"ance Uond ''/ .. ~-tlAl•ih:!::, 1,.1r,a, •. ·e ApP!icatior Standards for Varia11ee Variance Issuance and Renewal Emergency Procedu.es SOUD WASTE MANACV.!ENT PV.NS PcQll'~m Solid Waste Manageme!lt Plans ENFORCEMENT Enforcement and Compliance MISCELL,1,.NEOUS PROVISIONS Severability Repealer GENERAL REQUIREf'tlENTS 2401-31-01 Authority These rer,u1ations are promulgated by the Republic ot Palau Environmental Quality Protection Board pursuant to the authority granted by Republic of Palau Public Law No. 1-58. These regulations shall have the force and effect of law. 2401-31-02 Purpose The purpose of these reguli.i''ons is to establish minimum standards governing the design, construe tion, installation, operation, and maintenance of solid waste storage, collection and disposal systems. Such standards are intended to: (Al Prevent pollution of the drinking and recreational waters of the Republic of Palau. (B) Prevent air and land pollution. [C) Prevent the spread of disease and the creation of nuisance. (D) Protect the public health safety. (E) Conserve n;;turai resources and; (FJ Preserve and enhance the beauty and o,:a'· :\ of the environment. lfifeo<ve May 26, 19%1 2401-31-03 Definitions As used herein, unless the context otherv,1i""' requires, the term: (Al "All-Weather Access Road" means a roacuay designed, constructed, and maintained to acco,,·mo date vehicular traffic under all climatic conditions. (B) "Automobile Graveyard" means any est2blis!1 ment or place of business which is maintained, used or operated for storing, keeping, buying, or selling wrecked, scrapped, ruined or dismantled mo~or vehicles or motor vehid,~ parts (C) "Baling" mea1'.s :he mechanical pr0cess of rnmp;ession or bind11"~ Jt ::-i!:d ·.,a~t::.: mdr:::, ials i,11c, bales. (D) "Board" or "EQPB" means the Repub:ic of Palau Environmental Quality Protection BoarJ or its authorized representative. (El "Bulky Waste" means large ite--ns of solid waste such as household appliances, furniture, motor vehicles, trees, branches, stumps, and other oversize wastes whose large size prevents or complicates tr 0 ir h,md:1;1g by normal solid waste collectior1, !Jrocess Ing, or disposal methods. (FJ "Chairman of Palau E1wironmem,J Qualitv Protection Board" or "Chairman" means the Chairma,n personally or the Chairman's duly authorized reprs:;entative. (G) "Collection'' means the act of removing solid waste. (Hl "Commercial Solid Waste" means all types oi ,ol\d wastes generated by stores, offices, re•;taurants, wJrehouses, and other non-manufacturing activities, .,,cl uding residential and industrial wastes. 0) "Compactor Collection Vehicle" means a vehicle with an enclosed body containing rnechan ic:a! devices that convey waste into the main cor ,·,partment ni tlw body and compress it into a smaller volume of gredter density. (J) "Farm" means any plot of land used for the production of crops, livestock, or horticulture products. (K) "Farm Products Processing Facility" means a facility which receives and/or processes farm products, excluding livestock and dairy products. (L) "Food Waste" means the organic residues generated by the handling, storage, sale, preparation, cooking, and serving of foods, commonly called garbage. (/\-1) "Generation" means the act or process of producing solid waste. (N) "Hazardous Waste" means any waste or cumbination of wastes which pose a substantial present or potential hazard to human health or the e.ivir,)niiiental because such waste!; are nondegrad .c1ble or persistent in nature, or because they may oti~cr·.vise cause or tend to cau5e detrimental (~urriul;,tive effects. iC)) "Incineration" means the destruction of solid w-1sre by burning in a furnace designed ior the 1:-:1rpose wherein solid waste is essentially reduced to c1s! 1, carbon dioxide and water vapor. (P) "Incinerator" means an engineered combus ; ;nn device specifically designed for volume reduc tion, by controlled burning of combustible solid waste. {Q) "lnfertious Waste" means: (1) Equipment, instruments, utensils, and fomites of a dispcsab:e nature from the rooms of patients wl,o 3,-,..:! ,, ;,:;rected to have or have been diagnosed a5 having ,~ ,:ommunicable disease and must, therf-~ .. "';.; t~ iso[;..ted as required by pGblic health ,lt,;£::1)l;,:;, C:i laboratory wastes, such as parl,ological specimens (such as tissues, blood, excreta, and '-( •nPtions obtained from patients or laboratory ,1n1rnals) and disposable fomites (any substance that may harbor or transmit pathogenic organ ism) .itrendant thereto; or, (J) Surgical operating room specimens and d!•;posable fomites attendant thereto, and similar disposabh! materials. (R) "Institutional Solid Waste'' means solid vvaste,; generated by education, health care, correc• tion,11, or other institutional faci!ities. {SJ "Junk" means old or scrap copper. brass, rope, rags, batteries, paper, trash, rubber debris, '>,·.1,1<•. or junked, dismantled, or wrecked automo ,,; :, .,. or parts thereof, iron, steel, or other old or ,u J.P terrous or nonferrous material. (T} "Landfill" means a land area used tor the di,.,posal ot solid wastes. (U} "Leachate" means water that has percolated through solid waste and contains dissolved or ',Uspended portions from the sol id waste. (V) "Li ft" means a compacted layer of solid waste and its overlying earth or coral cover in a landfill. (\,\/) "Milling" means the mechanical process of materials size reduction by grinding, crushing, chipping, or shredding. (X) "Permit" means a written authorization issued by the Board, bearing the signature of the Chairman, which by its conditions may authorize the permittee to construct, install, modify, or operate specified solid waste disposal facilities, conduct specified solid waste disposal activities or engage in the management of solid waste in accordance with specified limitations. (Y) "Person" means the Republic of Palau, a state, a political subdivision, a public or private institution, corporation, partnership, joint venture, association, firm, or company organized or existing under the :aws of the Republic or of any state or country, a lessee or other occupant of property, or an individual, dCting singly or as a group. (Z) · • ''Pesticide'' means any substance or 111 ixture of sub::~ar1c2s intended for preventing, destroying, repelling, or mltigating any pest, and any substicnce or mixture of substances intended for use as a plant regulator, deiol iant or desiccant. (AA) "Pollutant" means one or more substances or forms of energy which when present in the air, land, or water, are or may be harmful or injurious to human health or the environment, or which may unreasonably interfere with the enjoyment by people of life or property. (BB) "Public litter Receptacle" means a container provided for the public, as a convenience, for the sanitary placement of sCllid waste. (CO "Reclarnzdon facility" means a facility, including automooih.c 1Faveyards, in which solid waste is storer! disrn.-:1tled ',r reprocessed into a new prod0cts in ..;L; ;h a rr.~.in11e, that the original pr,Jduct, iose their identity. (DD) "Residential So:id Waste" means the wastes generated by the normal activities of households, including, but not limited to, food wastes, rubbish, ashes, and l:.ulky wastes. (EE) "Rubbish" means a general term for sol id wastes and ashes, taken from residences, commercial establishments, and institutions. (FF) "Salvaging" means the authorized removal of material from a solid waste disposal facility. (GG) "Satetlite Vehicle" means a small collection vehicle that transfers its load into a larger vehicle operating in conjunction with it. {HH) "Scavenging" means the unauthorized removal of material from a solid waste disposal iacility. (Ill "Shredding" means the mechanical process oi material size reduction by cutting. (Jj) "Sludge" means the accumulated semi-liquid suspension of settled solids deposited from waste waters or other fluids in tanks or basins. It does not include solids or dissolved material in domestic se,,,age or other significant pollutants in water resources, such as silt, dissolved materials in irriga tion return flows or other common water pollutants. (KK) "Solid Waste" means garbage, refuse, and other discarded solid materials including solid waste materials resulting from industrial and commercial operations, and from community activities, but does not include solid or dissolved material in domestic sewage, or other substances in water sources, such as silt, dissolved or suspended solids in industrial wastewater effluents, dissolved materials in irrigation return flows or other common water pollutants. This definition is intended to include liquid waste materials such as waste oil, as well as pesticides, paints, solvents, and hazardous waste. (LL) "Solid Waste Disposal Facility" means an intermeJiate facility, transfer station, landfill, (:Omp osti ng plant, recycling or reclamation faci I ity or any site used for the reduction, consol i~atic'1, ,onversion, processing or disposal of solid waste. (MM) "Solid Waste Disposal System" means the entire process or part thereof of th2 storage, collec tion, transportation, processing and disposal of solid waste by any person engaging in such a process as a business or by any municipality, authority, state, or any combination thereof. (NN) "Solid Waste Storage Container" means a receptacle used for the temporary storage of solid waste while awaiting collection and which restricts access to the waste by rainwater, vectors, and ether animals. {00) "Storage" means the interim ::or.t3fn-r;,,,nt of so\id wast(i · after generation arid pric• lo h11a\ dispos2-I. (PP) "Transfer Siatiun" meqi-.s a supp!,-,,11ental transportation facility used as an adjunct to solid wa'ste route collection vehicles. Such a facility may be fixed or mobile and may include recompaction of solid waste. (QQ) "Treatment" means any activity or processing designed to change the physical form or chemical composition of wastes. (RR) "Vector" means a carrier thac is capable of transmitting pathogens from one organism to another. (SS) "Wetlands" means those areas that are inundated or saturated with surface or ground water J! a frequency and duration sufficient to support, and that under normal circumstance5 do support, a prevalence of vegetation typically adapted for I ife in saturated soil conditions. Wetlands generally include salt water marshes, freshwater marshes, sail water swamps, freshwater swamps and cultivated wetlands. (TT} "Working Face" means that portion of the land ii 11 in which sol id waste is deposited and compacted prior to the placement oi an earth or coral cover. \\ Hr•Ch\1-'" r.h.ly 2&, \CJ:'ihJ STORAGE REQUIREMENTS 2401-31-04 General Storage Requirements (A) All solid waste shall be stored in such a manner that it does not constitute a fire, health, or safety hazard or provide food or harborage for vectors. (8) All solid waste shall be contained or bundled so as not to result in spillage. IEffK1iv~ Mar 26. 19%1 2401-31-05 Food Wastes All solid waste containing food wastes shall be securely stored in covered or closed containers which are: (A) (8} (C) (D) {El Nonabsor~~nt; Leakproof; Durable; Easily cleanable {if reusable); and, Designed for safe handling. ((lfK11ve May 26. 1996) 2401-31-06 Building and Facility Design (A) In the design of all buildings or other facilities which are constructed or modified, there shall be storage facilities to accommodate the volume of solid waste anticipated. (B) Storage facilities must be easily cleaned and maintained, and allow for efficient and safe collec tion. \[f)c«,ve "½Y 26, 19%) 2401-31-07 Bufky Wastes Storage of bulky wastes sh al I include, but is not limited to, removing all doors from large household appliances and covering the items to reduce ~he problems of vector harborage, and the accumulation of solid waste and water in and around the bulky items. (Effective M.J.y 26. 19%) 2401-31-08 Waste Containers (A) Containers shall be oi an adeq•Jate size and in sufficient numbers to contain all food wastes, rubbish, and ashes that a residence or other establish ment generates in the period of time between the collections. (Bl Reusable waste containers wn ich are emptied manually shall not exceed 75 pounds when filled or have a capacity of more than 55 gallons in volume and shall be capable of being serviced without the collector coming into physical contact with the solid waste. (C) Reusable waste containers shall be con structed of corrosion resistant metal or other material which will not absorb water, grease, or oil. (0) Reusable containers shall be leakproof, including sides, seams, and bottoms, and be durable enough to withstand anticipated usage without rusting, cracking, or deforming in a manner that would impair serviceability. (E) The interior of the reusable container shall be smooth without interior projections or rough seams which would make it difficult to clean or interfere with its emptying. (Fl The exterior of the Reusable container should be safe for handling with no cracks or jagged edges. (G) Containers shall have covers which are tight fitting to resist the intrusion of water and vectors, and should be equipped with a suitabl~ handle. (H) Containers shal I be stored on a firm, level, well-dr.:iined ':>Llrface which is 1Jrge e:·1ough to c1ccomrnodate .::ll of the containprs and which is 11,11n1J:ned in a clean, spillage-free r.:ondition. •'iii,., t•'\-,. h1,lj •r1 , :w)r,J ivllD WASTE COLLKTION 2401-31-09 Collection Safety {A) Collection systems shall operate in such a manner DS to protect the health and safety of personn,' I associated with the operations. (B) Ail solid waste personnel shall receive instructions and training in safe container and waste h,111dl i ng techniques, and in the proper .Jperation of •·ollection equipment. (C:) Personai p(Otective equipment such as glovtc-;, safety glasst:::5 :-es;)irators, and footwear shal I be usl:d by colle-:tior, emphyees, as appropriate. •lt'•"'1.lt • .... l..Jy 2(1~ ~l,·) 2401-31~11) Collection Equipment (A) The equipment used in the collection and transportatic:~ of sol id waste shall be constructed, operated, and maintained in such a manner as to 111 i nirn ize health and safety hazards to solid waste n,ariagement personnel and the public, and to prrovc~nt the propagation or attraction of vectors and :h,· ( re..i!ion of nuisance. (B) Collection vehicles shalt be maintained and ,erv;ced according to manufacwrer's recommenda 1 irn~s. and receive periodic vehicle safety checks, · including, but not limited to, inspection of brakes, Windshield wipers, taillights, backup lights, audible rpverse warning devices, tires, and hydraulic systems. (C} Any irregularities in the collection equipment ~hzi 11 be repaired before the vehicle is used (fl) Collection vehicles shall be cleaned thor 11ughly at least once a week. ti ll1'I 11~1- l'vl,I\ .!(1, l 1)'Jfi-i 2-1-01-31-11 Collection Frequency (A) Solid wastes shall be collected with fre quency sufficient to inhioit the propagation or attraction of vectors and the creation of nuisance. (B) Solid wastes which contain food wastes shall be collected at a minimum of once during each week. (C) Bulky wastes shall be collected at a minimum of once every three (3) months. (Effe<:1ive May 26, 19%) 2401-31-12 Collection Operations (A) The collection of solid wastes shall be conducted in a safe, efficient manner, strictly obeying all applicable traffic and other laws. (8) The collection vehicle operator shall be responsible for: (1) Immediately cleaning up all spillage caused by the operator'~ operatiom; (2) Protecting private and public property from damage resulting fror, ;:,J l operations; and, (3) Creating ihl und,Je- disturbance of the peace or quiet in res:de11t1:,i areas in and through which operations are undNtaken. (C) Records shall be maintained detaili11i,: all costs (capital, or:,erat1, ,g, maintenance) associat~d vvith the collection system. These records shall be used for scheduling maint~nance and replacement, for budgeting, and fer systems evaluation and compari son. (D) The collection system shall be reviewed on a regular schedule to assure that environmentally adequate, economical, and dficient service ls maintained. (Effeclive May 26. 19%) !;(;'JD WA~ 1·o1: MAN .\~EMENT RESPONSl!31UTY AND ,-ACILITY STANDARDS 2401-31-13 Solid Waste, Management Responsi bility (A) The aesthetic, non-hazardous and sanitary storage of solid waste is the responsibility of the person owning, operating or managing the property, premise, business eS(iiblishment or industry where the solid waste is accumulated. (B) A person not included in Sectior. 2401-31-22 owning, operating or m.::maging a property, premise, business establishment or industry has the respons ibility of removing accumulated solid waste to an ap proved disposal facility. Contractual or other agreements for the removal of accumulated solid waste shall not relieve a person of this primary responsibility. (C) Sol id waste shal I be removed to an dpproved solid waste disposal facility, priorto creating nuisance conditions, {D) A person sponsoring any public activity, including but not limited to, recreational, sporting, or entertainment events, is responsible for the collection, storage, transportation and disposal of all solid waste generated as a result of the event. Solid waste shall be disposed of in an approved solid waste disposal facility. (E) The disposal of animal carcasses is the responsibility of the land owner or land occupant upon whose land the animal carcass is found to be creating a nuisance. On-site disposal of the carcass shall be by immediate burial, covered by at least two (2) feet of compacted earth, incineration or by other method approved by the Chairman. (F) No person may deposit solid waste in, on or <llong a road right-of-way, street, trail, spur, turn .:iround, tunnel, drainage structure, water of the Republic, public recreation facility or other public or private property. (G) The prohibition on solid waste disposa1 and deposition set forth in Division F of this Section shall not apply where: (1) Such property is an authorized solid wa:\s disposal facility, or (2) The solid waste is deposited in a public litter receptacle. JH) A person providing a litter receptacle fer use by the public shall maintain the receptacle in a sanitary condition so as to prevent the propagation of ilies, odors, and overflowing conditions. (r!ft'<.1•v~ May 2b, 1'.t%) 2401-31-14 Solid Waste Disposal Facility Stan dards (A) Plan:ning, design, construction, operation and maintenance of ;;iny solid waste disrosa! facility requiring a permit ur,,jP.r e1e Solid Waste tv\,nc1ge ment Regulations shali be in accordance with the rules and regulations of the Board and the terms and conditions of any permit issued. (8) The Chairman may from time to timr revise 1..1cility standards as the Chairman deems necessary. Such standards and revisions shall include procedures to ensure suitability of the site and the proper operation of the solid waste disposal facility. H· H+x tr-.,:c. ~ MJ\· 2b, l ')'-J(:,) 2401-31-15 Mandatory Requirement5 A permittee shall be required to: lA) Provide a permanent sign posted Jt the l<lC:ility entrance identifying the facility, the davs and hours oi operations, the name oi the operator. and other i niormation relevant to the operation ot the I clcilit}' (8) Provide an al I-weather access road negotiable by loaded collection vehicles from the public road to thP working surface of the landfill. (C) Provide adequate equlpment and necessary measures to extinguish fires. (D) Provide for effective methods and adequate storage of all solid waste so as to prevent the attraction, harborage, or breeding of vectors and to eliminate conditions harmful to human health or which create safety hazards, odors, unsightliness and other public nuisance. IEfll"Cl•V<> May 26. 19%) 2401-31-16 Discretionary Requirements A permittee may be required to: (A) Provide controlled access to the facility in the form of fences and gates that shall be kept locked when an attendant is not on duty . (8) Install leachate and/or groundwater monitor ing wells. (C) Submit results of monitorini analysis for the detection of pollution or contamination resulting or tending to result from the oper1t1on of the facility, in acc.ordance with methods and prc..cedures acceptable to the Chairman at specified locations and intervals (D} Submit annual reports itemizing the type and quantity of solid waste disposed and times of facility operations. IEifl'<:1 ive Mar 26, 1996) 2401-31-17 Solid Waste Disposal Requirements The disposal of solid waste on land shall comply with the following requirements: (A) The disposal of solid waste in mangroves :-:reas, or other. areas subject to flooding or leachate generation shall be allowed only in conjunction with ~pecial pm:edures approved l:,y ~he Board. These shafi i:·,clLde, but are not lim;t~d tr:, best availa'.,f., ,t~chnology for compliance with Oivis,ons 8 thrOL1gh D, inclusive, of this Section. (B) A vertical separation shall be maintained between the deposited solid waste and the antici pated high ground water table sufficient to prevent contamination of the water. (C) Adequate measures shall be provided to manage surface water flow at the landfill site ~uch that the flq w of off-site drainage over a landfill will be minimized. (D) Solid waste shall be deposited in a sanitary manner to prevent waste materials, leachate, or eroded soil particles from entering ground or suriace waters without receiving the best practicable treat ment or controL (E) Salvaging or reclamation of materials shall be controlled at the facility to prevent interference with the prompt sanitary disposal of sol id waste and the creation of any health hazard. Scavenging is prohibited. (Fl Live, domestic animals are prohibited within the landfill. (GJ The working face of a landfill shall be limited ti) .is small an area as practicable and designed to confine wind blown solid waste, which shall be collected and returned to the working face. (H) A 11 equipment provided for the operation of J landfill shall be adequate in number and perfor mance capability to continuously operate the landfill in a safe and sanitary manner. (fJ Solid waste shall be spread in shallow layers not exceeding a depth of two (2) feet before compac tion; each completed lift shall be no greater than Pi ght (8) feet in vertical depth; and at least one ( 1) 1i)ot oi compacted intermediate earth or other Jp1:froved cover material shall be applied between Ii fts. (JJ Solid waste, processed by shredding, milling, bali1ig, or o:her operation specifically approved by the Chairman, shall 1.x~ compacted and covered with a rninimunc, of four(/:) ,•1ehes of earth, coral, or other approved ma!ei :a! at a frequency specified by permit requirements. (Kl A cur, ·p! ::red landfil I or major portion thereof sh al I be coverPrJ ,...,;th at least 18 inches of compacted Parth or coral material, graded with proper drainage "1 mi11i1,1ize ,Jil erosion and planted immediately Jt!er the grac!ing work has been completed. (Ll Open burning at any storage, reclamation or di5posal site shall be carried out only in conjunction with special procedures approved by the Chairman. (M) Provisions shaH be made to maintain the land ti II for at least one year after termination of operation to prevent any health hazard or nuisance from occurri113. Mainte,1ance shall inc/ude, but is not limited t0. repc.;: of u.:. '1ts ~)r fissures, repair of areas \\·here ~ett'iir·-g ocu::s and control of problems which 1esult !ro'I', le.;-cl--.1', 01 ::ici,; --~ Cnmpliance with the~e r(~qwr':!rr\en~s snali be., ~;as1s for futu1e recornrne".da :,,in by the Board on land use. lito,.:t.,· l\l.ly 1(,. ~tJ!JQJ 2401-3 1 · rn Reclamation Facilities Standards No person ma)' operate or maintain a reclamation facility or permit the use of property for such an operatir;n unle«s the operation complies with the iollowing: (Al Gy-produds removed during processing shall :)L' harnJ!ed in a sanitary and nuisance-free manner .md shall be recycled or disposed of in a manner '!)!)roved by the Chairman. 1:1 Th'! facil;ty shat! k located at ieast 100 t-:>et 'n)rn <lllY road or adjoining propert\' and be so , , H1.;1 ructed as to prevent hea ith hazards, pubi ic ,u,sances, and unsightliness. (Cl Salvaging or reclamation of materials shall be controlled at the facility to prevent interference\\ ith ilw prompt sanitary disposal of solid waste and the creation oi health hazards. Scavenging is prohibited. I t/1""1 li\"1· M,1y 2(, 1 'J96} 2401-31-19 Incineration Standards {A) Incinerator fly ash and residue generated from incineration of solid waste shall be treated and disposed of in a manner to prevent odor and dust nuisance and to control insects, birds, rodents and other vectors. (B) Salvaging or reclamation of materials sh al I be controlled at the facility to prevent interference with the prompt sanitary disposal of solid waste and the creation of health hazards. Scavenging is prohibited. (Effec1 ive May 26 1 9%) 2401-31-20 Transfer Station Standards (A) An all-weather road negotiable by loaded collection vehicles shall be provided from the er.trance or th9 transk:r station iu the unloading area. (B) The unloading area shall be adequate in size and design to facilita~;,. t11" unloading of solid waste from vehicles with 1nin;mum 3rL~y or confusion. (C) Salvaging or re 1:l i'\rn;,ti on of materials sha 11 be controlled at the facility to p,event interference with the prompt sanitary disposai of solid waste and the creation of hea!th ho.Lard'>. Scavenging is prohibited. {Cffeai"" May ii; 19%) 2401-31-21 Hazardous Waste Disposal Stan dards (A} Each State sh,di be responsible to see that faci I ities for the disposal of '.iazardou::, waste materials are available. (B) Any person dos:1 ,.,g .o li,.,P'",::: nf hazardous waste materials sh2.I\ not1rv tbe r~·;1airrn2'.1 of this i1•t 0 nti0n to do ·,o. :·. uch d:·-v ,sa1 '.,~,-}': :se ·1ndertaken anC' completed only upor ;,,;,i1ori2.anon of the Chairman. · (C} Any solid w?.ste facility H,at accepts hazard ous waste materials for disposal shall, in order to prevent damage to h1.;man •ealth or the environment, dispose of such w2stes in accordance with the following standards: (1) Infectious c1nd pathological wastes generated at medical . veterinary, ;;,nd other fac d1ties shall be inci nerateei, steri ! ized or otherv,:ise rendere::l safe prior to remov<"I frorn these facilities fo.- final disposa\; (2) Toxic, causti :, volatile ard flammable chemical waste may be mcinerated or disposed of in a.manner approved in writing by the Chairman prior to fmal disposal. If ~uch wastes are riin,ned to a l,mdfil[: (a) they shall be rendered non•hc1zJrdous by chemical neutralization or stabilization prior to final disposal; (b) they shall be disposed in a special trench or pit that is designed to retain the waste and prevent infiltration into g~ound and surface waters; (c} the burial area shall be clearly marked with adequate warning signs and under no circumstances will smoking or open flames be allowed when these types of wastes are being disposed of; and, (d} the burial site shall be recorded in the final pl an of, the completed site and made a part of the lega I description of the property. (D) Dewatered sludge from water treatment plants and dewatered digested sludge from waste water treatment plants shall be mixed with the other deposited solid wastes at the landfill to prevent localized leaching. Disposal of raw sewage sludges including sludges from septic tank pumping are prohibited at all solid waste disposal facilities. (E) The person responsible for any proposed new activi:y or modification to an exis:ing activity \\ i ur+, w1: i CJ: 1se the generation of haza, ;ious \Nastes shall :,L'.~mit to the Ch~irman a haza"dou~ waste mar ::igE'ment plan. The new or modiiied 2c; i vity sha 11 1;0· , ·::;·n:,:ence prior to acceptance of the plan by the Chai•r:.an. (f-) Generntors of waste oil shai: adopt .ill V3.C.,-al measures to reduce waste quantities and to reu,e or recycle waste oil to the maximum extent possible. Where it can be demonstrated that wastage 1s ne ... :essary,. disposal methods shall be approved by the .:hairman. Spreading of oil on roads, airports, or other areas for dust control shall be limited to areas which prevent contamination of potable ground water, surface waters, ar.d areas under agriculture culth·ation nf hod crops ::md must be undertaken in ,:C!rnp'.i='tr,~e v, :;-:, the Mari;,e and Fresh Water Quality KPsufat1or.s. '.' ,r, "(live M-~., . l I ~·• •,,j 2401 ·:i1-~2 Private Waste Disposal :;ys,em Standards (A) The systems to be regulated under Sections 2401-3 1-14 through 2401-31-21 include: (1) A single family residential property on which ~olid waste is generated and disposed of on premises, due t~ distance from collection route or transier ,t,1tion; (2) ,\ tarm on which the solid waste from the /)perati on of thE' farm or from a fa·11 products processing iacility is disposed; and, (3) A landfill site which is used Jnly by the owner or person i,1 contro: of the premis~s to dispose ot soil, rock, concrete or other non-decomposable 111c1terial. (8) Private disposal sites shdll ;:irov1de for adequate storage and screening of all s0lid waste so c1~ to prevent the attraction, harborage, o· breeding or insects or rodents and to eliminate condi:;ons harmful tll human health or which create sa::>ty hazards, lldors, unsightliness and other nuisance 1 lhi' J\'1,JV JI, 11)!)(,) SOLID WASTE PERMIT SYSTEM 2401-31-23 Permit Required It shall be unlawfu I for any person to establish, modify, or operate any solid waste disposal facility or a part thereof or any extension or addition thereto without a permit issued in accordance with the provisions of these regulations, except for those private systems as defined in Section 2401-31-22 of these regulations. (fffect"·e May 26, i9961 2401-31-24 Permit Application (.'\) Application for a permit shall be completed 0n forms furnished by the Bn::ird and shall include the fol lowing i nfom:-:iti ,;n: ( 1) Det3.iied plans and speciiicati.ons for the facility, inclL ;~ing iriiti.=tl and final topographies ir, intervals of :., t-c.·:'<: (2) Certlficui1on of compliance with applicable land use and zoning requirements; (3) An en;ironmentai assessment of the pro posed site prepared consistent with the Environmental Impact Statement Regulations; and, (4) An operations plan detailing: (a) prop0sed operation and maintenance procedures; (b} the equiµment to be used; (c} the population ant": area to served.: (d) the characteristics, amount and source of materials to be Jisp0~e 1 uf; (e) the rnethod of pr<JC<:~ssed re::idue disposal; (t) energen,~' ·,p.:,r;:,.~;;,i= prucedures; lg) ,;·,e pruposeu ,·irirnc:te use of the disposal site; and, (h) a facility closure p!an. (B) All persons responsible for existing solid waste dispcsa! facilities not currently holding a valid permit shall, by no later than March 2 7, 1989, apply for a permit to continue to operate. If such applica tion is not made by March 27, 1989, .ill activities not in conformance with these regufations shall cease until such permit is issued, and activities comf• ir1to regulatory complla."\Ce. fC) :;i,ch sigr:ed application sha!I constitute an agreement that the appl ica, 1t wi 11 assume responsibi 1 ity ior the construction or modification and operation of the facility rn accordance with these reguiations and applicable Water Quality, Air Pollution Control, Earthmoving, and al I other Board Regulations. iD) Every applicant for a permit shall pay a tiling fee of $20.00. This filing fee shall be submitted with the application and sh al I not be refunded nor applied to any subsequent app! ication regardless of whether the application is approved, cancelled, or denied by the Chairman or withdrawn by the applicant. d ti! .. :•\t• M,•~ 2f>c P)9(J) (1) If the variance is granted on the ground that there is no practicable means known or available for the adequate prevention, control or abatement of the pollution involved, it shall be only untll the necessary means for prevention, control or abatement become practicable and subject to the taking of any substitute or alternate measures the Chairman may prescribe. No renewal of variance granted under th is subsection shall be allowed without a thorough review of known and available means of preventing, controlling or abatrng the pollution involved; (2} The Chairman may issue a variance for a period not exceeding five (5) years; (3) Every variance granted under this section shall include conditions requiring the grantee to perform air, discharge, effluent or noise sampling and report the results of such to the '.:hairman; (Bl Any variance granted pursi ,ant tu this section may be renewed, from time to ti:-tlE., on terms or conditions and for periods not (;XC('edlng five (5) years which would be appropriate on ;niriaJ granting of a variance, provided that: (l} The application for renew:~i has met all of the conditions specified in the immedi::itely preceding variance;, and, (2) The renewal, and the v::i.riance issued in pursuance thereof, shall provide for a solid waste disposal system not different from that allowed pursuant to the terms of the immediately preceding variance at it expiration. (C) No renewal shall be granted except on application therefor. Any such applicaticn ~hall be made at least sixty (60) days p:ior to the ~xph:,tv,n 0f the vari,, nc,~. trrf,•dive ~-L.•1• lu, 1 ''%} 2401-:n-33 Emergency Procedures No variance granted pursuant to these regulations shall be constru€d to prevent or limit :he application oi any emergency provisions and procedures provided for by law. (11/,s::1,ve Mar 26, 1 ~961 SOLID WASTE MANAGEMENT PLANS REQUIRED 2401-31-34 Solid Wast,• Management Plans (A) 1 y person who intends to apply ior a solid w.iste permit shall provide solid waste management plc1ns for Board review and approval. Solid Waste 1v\Jnagement plans shall be required for each state n°gardless of their use of public anci or individual disposal facilities. (B) Information required in this management plan also re qui red as part of the operations plan of Sections 2401-31-24 and 2401-31-25 of these regulations may be cited by reference in this management plan, (C) Each Solid Waste Management Plan shall include but is not limited to: (l) A description of the community covered by the plan; (2) An assessment of the types of wastes generated by the community; (3) The type of facility to be used for solid waste disposal; (4) A map locating the facility site; (5) The relationship of the site to water disposal; (6) The types of roads avai I able; (7) A list of equipment available for solid waste management; (8) The method of collection, transport and disposal; (9) An estimated yearly operational budget; (10} Operation 2nd maintenance procet"iur,=s; (11) An estin,3re of future needs; and, (12) Procedures for planning and des1g;.-. fnr futu,e facilities, (C) In the event that the applicant d·,es not produce its own management plan, the B0arJ could be requested to develop such a plan but the applicant must implement the plan developed by the Board. (£ffooi"" Mly 2&, 19%) ENFORCEMENT 2401-31-35 Enforcement and Compliance Monitoring, enforcement and court actii:lns fr..'r implementation of regulations contained herein shall be conducted in accordance with 24 P;olau Natio, 2 1 Code Sections io1 ~c, 177, inclu;ive. [£ffec1iw May 26, 1'1%) MISCEUANEOUS PROVISIONS 2401-31-36 Severability Ii any provision of these regulation or the appiica tion of any provision of these regulations to any person or circumstance is held inval!d, the applica tion of such provision to other persons or cir cumstances and the remainder of th~::e regulations shall not be affected thereby. U:fr("("[l\'f" ¼y ~~, 1'91Jf,J 2401-31-37 Repealer The regulations contained herein shall replace the Republic of Palau Envi~onmental Qua/tty Pwtection Board Solid Waste Regulations curre111ly in effect in the Republic of Palau. crlf1X1, .. ·{' Mar ~6, t 9'.l(Jl 2401-31-25 Application Review (Al The Chairman shall act on an application \\ ithin a reasonable time, but not to exceed sixty (60) cJiendar days from the date the application is received by the Chairman, and shall notify the appficant in writing of the proposed approval or denial of the application. If the Chairman has not acted within the sixty (60) day period, the application shall be deemed to have been proposed for approval, provided that the Chairman may request additional information from the applicant and an additional thir!y {30) calendar day period shall commence on the day the supplementary information is received. (8) The applicant may submit answers and ,nmments to the Chairman's response to the ,;ppl ication. (C) The Chairman shall consider the applicant's , inswer.'i and comments and sh al I notify the applicant J'1 ,.,,.:,ing of the final approval or intent to deny the c,;'pli-::ation. No application fo, a perrnit shall be dP;-;.::::d unless the applicant has had an opportunity :o;-" public hearing by the Board. (D) The Chairman shall approve an appllcation tc,• a permit if the application and the supporting 1:1formation clearly show that the issuance thereof is in fhe public interest and that the solid waste disposal fdcility is designed, built, and equipped in accor ti,mr:e with the best practicable technology so as to uperJte without causing a violation of appl icab!e rules and regulations. ii ii1·qi."Jt Mat 26. 199{.) 1401-31-26 Duration of Permit Tfw Ch.airman ri:ay grant a permit for any terf"l, not to e..<cced five (S) years. o m"(tivf' ,. i.Jr 2s. 19961 2401-31-27 Permit Conditions foe Chairman may apply special conditions to the 1 'L'rmit in order to ensure the protection of health and lhe protection of the environment. •l H,·1·1•~••• M,I\" ic •. 11J'16) 2401-31-28 Termination of Permitted Opera tions It shall be the responsibility of the person to whom the perm it was issued to inform the Chairman within thirty (30) days of the permanent termination ,i1 .i ~olid waste processing or d1sposal at the iaci11ty 1n1 ,vhich the permit had beer issued, by surrender '!'.: tlw permit to the Chairma'1 2-Hl1-31-29 Performance Bond I I IP Chairman may require a periormance bond {() guarantee proper operation and closure of a solid waste facility. This performance bond shall be forfeited should the perrnittee not comply with the provisions of the permit and proper closure proce dures. !Effocu,.., Ma. 26, 1 9%1 VARIANCES 2401-31-30 Variance Application {A) Every application for a variance shall be made on forms furnished by the Board and shall be accompanied by a complete and detailed description of present conditions, how present conditions do not conform to standards and other information as the Chairman may prescribe. (8) Each application for a variance shall be reviewed in !ight of the descriptions, statements, plans, hist,,ries, and other supporting information submitted with the application, such additional informatio;, as may be submitted upon the request of the Cha·,1ran and the effect or probable efiect upon the solid waste disposal standards established pu,st:ant to these regulations. (C) Whe,1ever an application is approved, the Chairman shall issue a variance authorizing the design, construction, installation, operation and maintenance of sol id waste disposal systems in excess of applicable standards. IEl(ect,-,,, ¼V 26. 19%) 2401-31-31 Standards for Variance {A} App,·0val o: a variance shall be made only after ;;; r::,:..iblic notice is posted and, if respon~es inr:iot,-:, a pu! ,k hearing is l,eld by the Board I'< the Stare where the solid waste system is situated. (B) No . ,a; iance shall be granted by the Cha.r m an unless the application and the supporting information clearly show that: (1) The continuation of the function or operation involved in the disposal of solid waste by the granting of the variance is in the public interest; (2) The adverse effects of the solld waste disposal systems arising or proposing to arise does not substantially endanger humc1n health or safety; and, {3) Compli .. nce w·ith the rules, regulations or standards from which variance is sought would produce serious hardship without equal or greater benefits to the public. (lf!i:'ChH:' 1',,:\.,1:, :!6 l<JCJf1J 2401-31-32 Variance Issuance and Renewal (A,) - y variance or renewal the'eof sh al I be granted within the requirements of the5e regulations and ior time periods under conditions with . the reasons therefore and within the following limitations: