Common use of Requested Flexibility Clause in Contracts

Requested Flexibility. As part of the proposal, WM is requesting that the USEPA grant regulatory flexibility from the requirement of the RCRA that restricts application of bulk liquids in MSW landfills, as presented in 40 CFR 258.28(a) as follows. • It prohibits the placement of liquid wastes other than leachate, gas condensate, and non-septic household waste in any MSW landfill. • Leachate or gas condensate is allowed provided the landfill unit is designed with a composite liner and leachate collection system as described in section 258.40(a)(2). • The addition of septic waste is allowed. Neither landfill has the specified liner therefore reg relief is needed to allow recirculation of leachate in both landfills. Secondly, the reg prohibits the placement of liquid waste other than leachate/gas condensate and non septic household waste in any MSW landfill. Therefore both landfills require regulatory relief in order to add any other bulk liquids. As described in Section 2, liquids are needed to enhance the biological degradation of waste in the landfills. Therefore, WM proposes to add liquids to both landfills and to add certain nonhazardous liquid wastes (e.g., leachate, stormwater, gray water, septic waste, etc.). The Maplewood Landfill currently has an active landfill gas collection system that is in operation; if odor problems or air quality problems occur, then the system will be expanded as needed (e.g., using additional extraction xxxxx or trenches or by placing less permeable cover and affected areas). As part of this project, WM has agreed to design and construct an active landfill gas collection system at the King Xxxxxx Xxxxxxxx prior to the commencement of liquids addition, and to conduct Subpart WWW-compliant landfill gas collection and monitoring. Further, both the Maplewood and King Xxxxxx County Landfills have liner systems that are superior in performance to the liner system described above.

Requested Flexibility. As part of the proposal, WM is requesting that the USEPA grant regulatory flexibility from the requirement of the RCRA that restricts prohibits application of bulk liquids in MSW landfills, as presented in 40 CFR 258.28(a) as follows258.28. This specific regulation deals with the application of liquids in the following manner: • It it restricts recirculation of leachate to landfills that have a liner system that has a 60-mil thick geomembrane overlying a 2-ft thick layer of clay having a hydraulic conductivity no greater than 1x10-7 cm/sec; and • it prohibits the placement of liquid wastes other than leachate, gas condensate, and non-septic household waste leachate in any MSW landfill. • Leachate or gas condensate is allowed provided the landfill unit is designed with a composite liner and leachate collection system as described in section 258.40(a)(2). • The addition of septic waste is allowed. Neither landfill has the specified liner therefore reg relief is needed to allow recirculation of leachate in both landfills. Secondly, the reg prohibits the placement of liquid waste other than leachate/gas condensate and non septic household waste in any MSW landfill. Therefore both landfills require regulatory relief in order to add any other bulk liquids. As described in Section 2, liquids are needed to enhance the biological degradation of waste in the landfills. Therefore, WM proposes to add liquids to both landfills and to add certain nonhazardous liquid wastes (e.g., leachate, stormwater, gray water, septic waste, etc.). The Maplewood Landfill currently has an active landfill gas collection system that is in operation; if odor problems or air quality problems occur, then the system will be expanded as needed (e.g., using additional extraction xxxxx or trenches or by placing less permeable cover and affected areas). As part of this project, WM has agreed to design and construct an active landfill gas collection and control system at the King Xxxxxx Xxxxxxxx prior to the commencement of liquids addition, and to conduct Subpart WWW-compliant landfill gas collection and monitoring. Further, both the Maplewood and King Xxxxxx County Landfills have liner systems that are superior in performance to the liner system described abovemonitoring concurrent with such liquids addition.