Amending a Solid Waste Facility Plan
The owner/operator of a solid waste facility with an approved Solid Waste Facility Plan is required to notify ADEQ of any change to the facility. ADEQ will determine the category of the change. As required by A.R.S. § 49-762.06, certain changes will require Solid Waste Facility Plan review, fees and public notice. Before implementation, the director shall approve a type III or type IV change to the design or operation of an approved Solid Waste Facility Plan.
A type I change is an insignificant modification that does not require notification to ADEQ. These changes do not need ADEQ approval, a fee payment, or a public notice. This includes changes to a facility that are not directly related to the replacement of equipment or structures with similar items.Examples include: cosmetic changes at a landfill, purchasing a new pickup truck, or changing accountants.
A type II change is a minor modification that requires notification to ADEQ. This includes changes to a facility that are directly related to the physical management of solid waste that do not require detailed review by ADEQ.Examples include minor changes in construction or operations from the approved Solid Waste Facility Plan. While notifying ADEQ is required, ADEQ's approval is not, and there are no payment fees or public notices required. notification to ADEQ is required.
A type III change is a substantial change that does not require public notice. This includes changes that are significant, that require detailed review by ADEQ and that are equally or more protective of the public health and environment. Notifying ADEQ and a Solid Waste Facility Plan Review are required. Examples include:
- An annual update approval of a financial assurance mechanism;
- A change to a facility required by a change to a statute or rule;
- A change to the existing approved design settings or standards that does not increase approved facility capacity, or add or remove pollution control devices;
- An addition to the types of waste approved to be handled at the facility;
- An addition to the types of alternative daily cover approved for use at the facility;
- A change to the approved monitoring program for a facility, including the addition or deletion of a monitoring point or a monitoring constituent, or a change in the frequency of groundwater monitoring;
- Any modification to the storm water run-on and run-off control system for the facility;
- A change to the landfill gas monitoring frequency;
- An addition of a closure plan or closure components to an approved facility plan, and any corresponding change to the facility's financial assurance plan;
- A change to the approved closure plan or approved closure components;
- A change to the approved post-closure care or maintenance program, including a reduction in the post-closure care period;
- A change to the post-closure use of the facility site;
- A change of financial assurance mechanism;
- A change in the total storage, process, treatment, or disposal capacity approved for the solid waste facility, to be achieved through greater compaction of solid waste;
- Significant corrective action plan changes;
- A change in landfill ownership.
A type IV change is a substantial change that requires public notice. This includes significant changes in the total storage, process, treatment or disposal capacity of the solid waste facility. Examples include:
- A change in the total storage, process, treatment, or disposal design capacity approved for the solid waste facility, to be achieved by means other than greater compaction of the solid waste;
- For a facility that is a municipal solid waste landfill or a solid waste land disposal facility, a change that is described by any of the following:
- A vertical or lateral expansion;
- A side slope increase or decrease;
- A change to an approved base liner system.
- A change to the leachate collection, recovery and disposal system.
Rules and Statutes Relating to Amending a Solid Waste Facility Plan