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Page 24 of 30 Ciba Specialty Chemicals Corporation SWF Permit

Section III

Specific Conditions Apiplicable to the Facility


1. Permitted Waste Type

The permittee is authorized to accept the following waste type:

ID DESCRIPTION

27 Dry industrial waste (groundwater treatment sludge generated from Ciba Specialty Chemicals Corporation's on-site groundwater treatment plant)

The permittee is not authorized to accept any other type or description of solid waste as defined at N.J.A.C. 7:26-2.13(g) and (h) , regulated medical waste as defined at N.J.A.C. 7:26-3A.6(a), or hazardous waste as defined at N.J.A.C. 7:26-G(5).

2. Approved Designs, Plans and Reports

(a) The permittee shall operate the facility, and construct or install associated appurtenances thereto, in accordance with the provisions of N.J.A.C. 7.26-1 et seq., the conditions of this permit, and the following permit application documents which are incorporated herein by reference:

1. Solid Waste Facility Permit Renewal Application for Industrial Waste Landfill" dated 29 July 1998 prepared by John Tucker, Groundwater Remediation Manager of Ciba Specialty Chemicals Corporation.

2. Addendum to the Closure and Post-Closure Plan dated February 1998 prepared by Eckenfelder Inc.

3. Closure and Post-Closure Plan revised December 1995 prepared by Eckenfelder Inc.

4. Operation and Maintenance Manual dated December 1995 for Cells 3 and 4.

5. Cell 3 Closure Development Report dated March 1994, revised August 1994 prepared by Eckenfelder Inc.

Page 25 of 30 Ciba Specialty Chemicals Corporation SWF Permit

6. Cell 3 documents comprising engineering plans entitled "Ciba-Geigy Corporation Toms River Plant, Cells Nos. 3 & 4 Permit Drawings" prepared by Brian D. Gillan, PE, Signed and sealed by Robert D. Mutch, PE License Number 23246 and Engineering Design and operation Report, Appendices A to I, prepared by Aware, Inc., submitted on 13 July 1987.

(b) In case of conflict, the provisions N.J.A.C. 7:26-1 et seq. shall have precedence over the conditions of this permit, the conditions of this permit shall have precedence over the SWF permit application documents listed above, and the most recent revisions and supplemental information approved by the Department shall prevail over prior submittals and designs.

(c) One complete set of the permit application documents listed in Condition 2(a) above, this Solid Waste Facility Permit, and all records, reports and plans as may be required pursuant to this permit shall be kept on-site and shall be available for inspection by authorized representatives of the Department upon presentation of credentials.

3. Approved Operations

(a) Landfill Service Capacity

The areal extent of the landfill shall be approximately 21 acres. The landfill's approved cells consist of Cells 1, 2, 3 and 4. However, The Solid Waste Facility Permit is being renewed for Cell 3 only, which shall be approximately 3.2 acres. Additional cells shall receive engineering design approval from the Department prior to construction.

Final elevation, including the final cover, shall not exceed elevation 80.5 feet above mean sea level for the entire landfill. All sideslopes shall be constructed as specified on the referenced engineering plans.

(b) Hours of Operation

The permittee shall accept waste at the facility in accordance with the following schedule:

Waste Acceptance:

Monday through Friday: 7:00 a.m. to 7:00 p.m.

Page 26 of 30 Ciba Specialty Chemicals Corporation SWF Permit

4. Construction Requirements

(a) The final cover for Cell 3 shall consist of the following capping system from top to bottom:

6 inches of topsoil and 12 inches of soil to support vegetative growth and proper run-off;

Geotextile to provide separation between sand layer and soil layer;

18-inch sand layer (to provide drainage for rainfall that infiltrates) with a minimum permeability of 1 X 10-3 cm/sec;

A geogrid to enhance the stability of the sideslopes;

Geosynthetic drainage layer consisting of two non-woven geotextiles installed on both sides of the geonet for conveying flow;

30-mil PVC geomembrane;

12 inches of compacted clay with a maximum hydraulic conductivity of 1 X 10-7 cm/sec or geosynthetic clay layer (bentonite) to provide a low permeability backup to the geomembrane layer;

30-mil reinforced chlorosulfonated polyethylene (RCSPE) membrane (this layer of the temporary cover system may either remain in-place with final cover placement above, or be removed prior to final cover installation);

12 inches of sand to serve as cushion layer for the overlying geosynthetics; and

Geotextile to provide separation between waste and sand layer.

Final cover, as defined herein, shall be applied after solid waste placement has reached final elevations in the remaining active area of this cell.

(b) Construction Quality Assurance/Quality Control (QA/QC)

Page 27 of 30 Ciba specialty chemicals Corporation SWF Permit

1. A quality assurance inspector, independent of the quality control inspector, approved hy the Department and reporting directly to the Department, shall be at the site at all times during the initial construction phase of the containment and leachate collection systems to observe and perform all required systems audits of the quality control inspections, as set forth at 2, 3 and 4 below, to insure proper implementation of the design and permit requirements. For the purposes of this section, quality control assurance means the periodic testing and observations performed by the owner and/or operator of a landfill as a check on the construction contractor's quality control activities.

2. A meeting shall be held between the quality assurance inspectors and the Department to establish reporting procedures and frequency, in accordance with the construction scheduling.

3. Quality control inspectors shall be at the site during all phases of construction to ensure and verify that the approved sanitary landfill design and SWF permit landfill construction requirements are properly implemented.

4. The quality control inspectors shall, at a minimum, be at the site at all times during the construction of the containment and leachate collection systems. For the purposes of this section, quality control means those activities are responsibilities assigned to the construction contractor, manufacturer, installer or supplier to measure and regulate the characteristics or properties of an item in order to ensure that the applicable landfill construction requirements at N.J.A.C. 7.26-2A.7 and the SWF permit conditions are met. This includes those actions taken before, during, or after construction to ensure that the materials used and the completed workmanship are in conformance with the construction requirements at N.J.A.C. 7:26-2A.7 and the SWF permit.

5. The quality control measures and tests required by N.J.A.C. 7:26-2A.7 and described in the QA and QC plan submitted in accordance with N.J.A.C. 7:26- 2A.5(a)7 shall be employed to ensure that the construction requirements are properly implemented

Page 28 of 30 Ciba Specialty Chemicals Corporation SWF Permit

and that the design and performance standards are achieved.

6. The scheduled frequency of inspections by the independent quality assurance inspectors may be reduced or discontinued if approved by the Department. The reductions or discontinuance shall be based on the results of the initial construction tests and the precision and consistency of the quality control test results.

7. At such time as the independent quality assurance inspector is discontinued, as approved by the Department, the activities performed by the quality assurance inspector shall be carried out by the permittee's quality control inspectors in accordance with the approved Quality Assurance and Quality Control Plan.

8. The Department may reinstate the independent quality assurance inspection at the site if the results of the construction tests and the precision and consistency of the quality control testing warrant such reinstatement.

9. Best available engineering construction practices shall be employed for all phases of the facility construction.

(c) As-Built Certification

1. A New Jersey licensed professional civil or geotechnical engineer shall certify, in writing, to the Department that he or she has supervised the inspection of the construction of each major phase of the sanitary 1-andfill's construction. He or she shall further certify that each phase has been prepared and constructed in accordance with the engineering design approved by the Department, prior to operations. The certification shall include a final documentation report which shall summarize the daily quality control of construction activities as required by N.J.A.C. 7.26-2A.7(a)14 and shall include as-built drawings.

2. A New Jersey licensed professional civil or, geotechnical engineer shall certify that the materials utilized in the containment system and leachate collection system are in conformance with and meet the specifications of the approved

Page 29 of 30 Ciba Specialty Chemicals Corporation SWF Permit

engineering design.

3. There shall be no deviation made from the approved engineering design specification without the prior written approval of the design engineer and, at a minimum, prior verbal approval by the Department.

4. All certifications shall bear the raised seal of the licensed professional engineer, his signature, and the date of certification.

5. The certification shall include the following: "I certify under penalty of law that I have personally examined and am familiar with the information submitted in this document and all attachments and that, based on my inquiry of those individuals under my supervision, I believe the submitted information is true, accurate and complete. I am aware that there are significant penalties for submitting false information, including the possibility of fine and imprisonment. I understand that, in addition to criminal penalties, I may be liable for a civil, administrative penalty pursuant to N.J.A.C. 7:26-5 and that submitting false information may be grounds for denial, revocation or termination of any solid waste facility permit for which I may be seeking approval or now hold.

5. Special Conditions

(a) Daily and Intermediate Cover

Should any odors and/or vectors be noticed at the landfill, a daily and intermediate cover shall immediately be applied to control odors and/or vectors. In the event that this is not satisfactory, then a recognized company in this field shall be employed to eliminate the problem.

The daily and intermediate (except for all exterior side slopes) cover requirements have been waived at this facility due to the following reasons: 1) the sludge does not provide a support medium for vectors due to the low percentage of active organics presence; 2 ) the sludge does not contain litter, and 3 ) the sludge has not been prone to odor problems and the distance of the landfill from the surrounding communities reduces any potential impact.

Intermediate cover, a minimum of 12 inches of cover

Page 30 of 30 Ciba Specialty chemicals Corporation SWF Permit

material, shall be applied to all exterior side slopes to be exposed for any period exceeding 24 hours.

(b) Methane Gas Monitoring

Methane gas monitoring is not required at this facility.

(c) Submission Schedule for Monitoring

The following information shall be submitted to: Chief, Bureau of Landfill & Recycling Management, Division of Solid and Hazardous Waste, PO Box 414, Trenton, New Jersey 08625-0414:

Document

Frequency

Due Date

Leachate monitoring

results (quantity)

quarterly

April, July

October & January

Daily precipitation

Summary

quarterly

April, July

October & January

Topographic survey(quantity)

annually

before May 1





END OF SECTION III




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