(A) General. The standards set forth in this section are for use in determining whether a solid waste landfill poses a reasonable probability of adverse effects on the public health or the environment. A landfill failing to satisfy these standards poses a reasonable probability of adverse effects on the public health and the environment and is to be considered an open dump. No permit shall be issued by the Board to an open dump.
(B) Floodplains.
(1) A landfill shall not restrict the flow of the base flood, reduce the temporary water storage capacity of the floodplain or result in washout of solid waste, so as to pose a hazard to human life, wildlife or land or water resources.
(2) As used in division (B)(1) above:
BASE FLOOD. A flood that has a 1% or greater chance of recurring in any year or a flood of a magnitude equaled or exceeded once in 100 years on the average over a significantly long period.
FLOODPLAIN. The lowland and relatively flat areas adjoining surface waters which are inundated by the base flood.
WASHOUT. The carrying of solid waste by waters of the base flood.
(C) Species depletion.
(1) A landfill shall not cause or contribute to the taking, injury or unreasonable depleting of plants, fish or wildlife.
(2) The operation of a landfill shall not result in the destruction or adverse modification of the habitat of species.
(3) As used in this section, DESTRUCTION OR ADVERSE MODIFICATION means a direct or indirect alteration of critical habitat which appreciably diminishes the likelihood of the survival and recovery of species using this habitat.
(D) Surface water. With respect to streams, creeks and other surface waters wholly or partially within the boundaries of Boone County, Indiana, a landfill shall not:
(1) Cause a discharge of pollutants into those waters;
(2) Cause a non-point source discharge of pollutants into those waters; and
(3) As used in this section, POLLUTANT means any concentration of a substance that is 100 times higher than:
(a) Any water quality criterion established for that substance by the United States Environmental Protection Agency (§ 304 of the Clean Water Act, 33 U.S.C. § 1314); or
(b) Any water quality standard established by the State of Indiana.
(E) Ground water.
(1) A landfill shall not contaminate ground water beyond the boundary specified herein.
(2) Unless otherwise specified, the outermost perimeter of the ground water boundary for a landfill shall be defined by existing monitoring wells at the landfill. The Board may, upon request, extend the boundary to the outermost perimeter of the solid waste as it would exist at completion of the disposal activity if the owner and operator of the landfill agree to relocate the ground water monitoring wells to that location.
(3) CONTAMINATE, as used in this section, means introducing a substance that would cause the concentration of that substance in the ground water to exceed any drinking water standard established by the State of Indiana or any National Interim Primary Drinking Water Standard (40 C.F.R. part 141, subpart B) and National Secondary Drinking Water Standard (40 C.F.R. part 143) established by the United States Environmental Protection Agency.
(F) Disease.
(1) The landfill shall minimize the on-site population of rodents, flies and mosquitoes capable of transmitting disease to humans through periodic application of cover materials or other techniques as determined by the Board to be appropriate to protect the public health.
(2) A landfill shall not receive sludge from a municipal sewage treatment plant unless that sludge:
(a) Is treated by a process determined by the Board to reduce the pathogens significantly prior to disposal; and
(b) Is placed in a trench or other natural or man-made depression and covered with soil or other suitable material at the end of each operating day so that the wastes do not migrate to the surface.
(3) Upon request, the Board may issue a variance, not to exceed one year, from the requirements hereof if it is demonstrated that; because of quantity, quality and other characteristics of the sludge, disposal would not pose any unreasonable public health risk.
(G) Air. The landfill shall not engage in open burning of waste.
(H) Safety. A landfill shall not:
(1) Pose a hazard to the safety of persons or property from fire;
(2) Pose a bird hazard to aircraft; or
(3) Allow uncontrolled public access so as to expose the public to potential health and safety hazards at the disposal site.
(I) Operating times. A landfill shall only operate from 6:00 a.m. to 8:00 p.m. It shall not receive any waste on Sunday. Upon request, the Board may issue a variance, not to exceed one year, from these operating time limitations if it is established that the variance would not pose any unreasonable health risk.
(J) Special requirements for liquid waste.
(1) Bulk or non-containerized liquid waste or waste containing free liquids must not be placed in a landfill unless:
(a) The landfill has a liner which is chemically and physically resistant to the added liquid, and a functioning leachate collection and removal system with a capacity sufficient to remove all leachate produced; and
(b) Before disposal, the liquid waste or waste containing free liquids is treated or stabilized, chemically or physically, so that free liquids are no longer present.
(2) A container holding liquid waste or waste containing free liquids must not be placed in a landfill unless:
(a) The container is designed to hold liquids or free liquids for a use other than storage, such as a battery or capacitor; or
(b) The container is very small, such as an ampule.
(Ord. 81-3, passed 3-1-1982)