CHAPTER 1TM 5-814-71-1. PurposeThe purpose of TM 5-814-7 is to establish Army designcriteria that comply with the national goal of ground-waterprotection. On the Federal level, subtitle C of theResource Conservation and Recovery Act (RCRA) of1976 (42 United States Code [USC] 6901 et. seq.)promulgated standards for the management ofhazardous wastes. Of particular interest to the designengineer in subtitle C of (RCRA) are design standardsfor land disposal/land treatment facilities presented in 40Code of Federal Regulations (CFR) 264. This section ofthe law presents two sets of performance standardsapplicable to this technical manual-one for landdisposal/land treatment facilities and the other forground-water monitoring. The performance standardsare directed toward (1) minimization of leachategeneration in the waste management facilities andremoval of leachate produced before it can enter thesubsurface environment (subparts K through N), and (2)backup ground-water monitoring and response programsto remove any detected leachate from the ground water(subpart F).INTRODUCTION1-11-2. ScopeThe regulatory framework for these design standards isdescribed in chapter 2 of the manual; as notedthroughout this manual, where Army criteria are morestringent than other regulatory standards, the Armycriteria are preeminent. Chapter 3 addresses pre-designevaluation of site conditions, the important first step thedesign engineer must take prior to developing designcriteria for a facility. Another essential pre-designconsideration, disposal and handling constraintsimposed by waste composition, is addressed in chapter4. The heart of the design manual lies in chapters 5 and6. Chapter 5 describes landfills, impoundments, landtreatment, deep well injections and waste piles withrespect to waste suitability, disposal constraints,procedures and equipment; chapter 6 presents thespecific engineering design elements for the five disposaloptions. Summarized in chapters 7 through 9 are plansand monitoring requirements for hazardous waste landdisposal/land treatment facilities generally dictated by 40CFR 264. Cost elements for lined hazardous wastefacilities are described in chapter 10.CANCELLED
CHAPTER 2TM 5-814-72-1. Federal regulationsa. The Resource Conservation and Recovery Act(42 USC 6901 et. seq.) or, as it is more commonlyreferred to, (RCRA), requires all operators of hazardouswaste management facilities to apply to the USEnvironmental Protection Agency (EPA) or an authorizedstate agency for a permit to operate the facility. Inaddition to providing compliance requirements for theprivate sector, (RCRA) mandates compliance for eachdepartment, agency and instrumentality of the executive,legislative and judicial branches of the FederalGovernment (42 USC 6961, subtitle F). Subtitle F statesthat the compliance is to be "... both substantive andprocedural (including any requirements for permits orreporting or any injunctive relief and such sanctions asmay be imposed by a court to enforce such relief).Neither the United States nor any agency, employee orofficer thereof shall be immune or exempt from anyprocess or sanction or any State or Federal Court withrespect to the enforcement of any such injunctive relief."b. The applicability of (RCRA) as the primaryinstrument regulating the treatment, storage,transportation and disposal of hazardous wastes isunderscored by 42 USC 6905, subtitle A. This part of thelaw instructs EPA to avoid administrative andenforcement duplication by integrating the program of(RCRA) regulations to the maximum extent possible withapplicable provisions of the--• Clean Water Act• Safe Drinking Water Act• Clean Air Act• Federal Insecticide, Fungicide and RodenticideAct• Marine Protection Research and Sanctuaries Actc. The principal source of design criteria for landtreatment/disposal facilities, is title 40, (CFR) part 264.Other sections of the law and regulatory program, suchas the definitions in part 260 and the hazardous wastecriteria in part 261, may also influence the design offacilities in a less direct manner. Presented in appendixB are the parts of 40 (CFR) and the elements of thoseparts pertinent to this technical manual.d. The (RCRA) part 264 regulations consistprimarily of two sets of performance standards-one forland disposal/land treatment units and the other forground-water monitoring. The first set of standards,contained in subparts K through N of the regulations,enumerates design and operating standards separatelytailored to surface impoundments, waste piles, landREGULATORY FRAMEWORK2-1treatment and landfills, respectively. The second set ofstandards contained in subpart F, establishes criteria fora ground-water monitoring and response programapplicable to land disposal/land treatment facilities.2-2. State and local regulatory requirements.a. state cannot assume the responsibility forregulating hazardous wastes until the administrator ofEPA determines that the state program is equivalent tothe Federal requirements. Thus, the EPA standards areminimum requirements; nothing prevents states fromestablishing additional or more stringent regulations. In anumber of states this is precisely the situation. Forexample, the majority of states have laws which activelydiscourage the use of land disposal for hazardouswastes or ban burial of these materials; New York hasdenied land disposal permits on the grounds thatapplicants failed to provide adequately for alternativetechnologies to landfilling (US Congress, Office ofTechnology Assessment IOTA], 1983). In other statesthe laws may require additional permits for hazardouswaste facilities besides those required by (RCRA), orthey may have commissions authorized to impose morestringent land use controls than the state regulatoryprogram. It is therefore, necessary for the facilitydesigner to review the requirements of the state wherethe facility is or will be located.b. In addition, it is important to determine whetheror not the state is fully authorized to control its hazardouswaste management program. As of February 1983, 16states were operating under cooperative arrangementsor partial authorizations; 34 states and 1 territory hadinterim authorization, while 9 states had partially satisfiedthe Phase II requirements leading to completeauthorization of their program.c. The differences between states will usually berelated to the types and quantities of controlled wastes,exemptions, geotechnical requirements, and the use ofmore specific design criteria to implement part 264performance standards. Early review of applicable staterequirements, and a comparison of their technical andregulatory elements with the EPA program can discloseany variations which may affect design work. AppendixB further defines the individual state programs bycomparing the "universe of regulated wastes" with the(RCRA) waste listing and identifying land disposalrestrictions and siting procedures for each state.d. Local controls will be secondary to state andfederal requirements with respect to Army installations;CANCELLED