(a) Either there must be no visible emissions to the outside air from any active waste disposal site where asbestos-containing waste material has been deposited, or the requirements of subsection (c) or (d) hereof must be met.
(b) Unless a natural barrier adequately deters access by the general public, either warning signs and fencing must be installed and maintained as follows, or the requirements of subsection (c)(1) hereof must be met.
(1) Warning signs must be displayed at all entrances and at intervals of 100 m (330 feet) or less along the property line of the site or along the perimeter of the sections of the site where asbestos-containing waste material was deposited. The warning signs must:
A. Be posted in such a manner and location that a person can easily read the legend; and
B. Conform to the requirements for a fifty-one centimeters by thirty-six centimeters (twenty inches by fourteen inches) upright format warning sign specified in 29 CFR 1910.145(d)(4) and this paragraph; and
C. Display the following legend in the lower panel with letter sizes and styles of a visibility at least equal to those specified in this paragraph.
ASBESTOS WASTE DISPOSAL SITE 1
DO NOT CREATE DUST 2
BREATHING ASBESTOS IS 3
HAZARDOUS TO YOUR HEALTH 3
Notation
2.5 cm (1 inch) Sans Serif, Gothic or Block 1
1.9 cm (3/4 inch) Sans Serif, Gothic or Block 2
14 Point Gothic 3
Spacing between any two lines must be at least equal to the height of the upper of the two lines.
(2) The perimeter of the disposal site must be fenced in a manner adequate to deter access by the general public.
(3) When requesting a determination on whether a natural barrier adequately deters public access, supply information enabling the Commissioner to determine whether a fence or a natural barrier adequately deters access by the general public.
(c) Rather than meet the no visible emission requirements of subsection (a) hereof, at the end of each operating day, or at least once every twenty-four hour period while the site is in continuous operation, the asbestos-containing waste material that has been deposited at the site during the operating day or previous twenty-four hour period shall:
(1) Be covered with at least fifteen centimeters (six inches) of compacted nonasbestos- containing material, or
(2) Be covered with a resinous or petroleum-based dust suppression agent that effectively binds dust and controls wind erosion. Such an agent shall be used in the manner and frequency recommended for the particular dust by the dust suppression agent manufacturer to achieve and maintain dust control. Other equally effective dust suppression agents may be used upon prior approval by the Commissioner. For purposes of this paragraph, any used, spent or other waste oil is not considered a dust suppression agent.
(d) Rather than meet the no visible emission requirement of subsection (a) hereof, use an alternative emissions control method that has received prior written approval by the Commissioner according to the procedures described in Section 1787.09.
(e) For all asbestos-containing waste material received, the owner or operator of the active waste disposal site shall:
(1) Maintain waste shipment records, using a form similar to that shown in Figure 4, and include the following information:
A. The name, address and telephone number of the waste generator.
B. The name, address and telephone number of the transporter(s).
C. The quantity of the asbestos-containing waste material in cubic meters (cubic yards).
D. The presence of improperly enclosed or uncovered waste, or any asbestos-containing waste material not sealed in leak-tight containers. Report in writing to the local, state or EPA regional office responsible for administering the asbestos NESHAP program for the waste generator (identified in the waste shipment record), and, if different, the local, state or EPA regional office responsible for administering the asbestos NESHAP program for the disposal site, by the following working day, the presence of a significant amount of improperly enclosed or uncovered waste. Submit a copy of the waste shipment record along with the report.
E. The date of the receipt.
(2) As soon as possible and no longer than thirty days after receipt of the waste, send a copy of the signed waste shipment record to the waste generator.
(3) Upon discovering a discrepancy between the quantity actually received, attempt to reconcile the discrepancy with the waste generator. If the discrepancy is not resolved within fifteen days after receiving the waste, immediately report in writing to the local, state or EPA regional office responsible for administering the asbestos NESHAP program for the waste generator (identified in the waste shipment record), and, if different, the local, state or EPA regional office responsible for administering the asbestos NESHAP program for the disposal site. Describe the discrepancy and attempts to reconcile it, and submit a copy of the waste shipment record along with the report.
(4) Retain a copy of all records and reports required by this paragraph for at least two years.
(f) Maintain, until closure, records of the location, depth and area, and quantity in cubic meters (cubic yards) of asbestos-containing waste material within the disposal site on a map or diagram of the disposal area.
(g) Upon closure, comply with all the provisions of Section 1787.11.
(h) Submit to the Commissioner, upon closure of the facility, a copy of records of asbestos waste disposal locations and quantities.
(i) Furnish upon request, and make available during normal business hours for inspection by the Commissioner, all records required under this section.
(j) Notify the Commissioner in writing at least forty-five days prior to excavating or otherwise disturbing any asbestos-containing waste material that has been deposited at a waste disposal site and is covered. If the excavation will begin on a date other than the one contained in the original notice, notice of the new start date must be provided to the Commissioner at least ten working days before excavation begins and in no event shall excavation begin earlier than the date specified in the original notification. Include the following information in the notice:
(1) Scheduled starting and completion dates.
(2) Reason for disturbing the waste.
(3) Procedures to be used to control emissions during the excavation, storage, transport and ultimate disposal of the excavated asbestos-containing waste material. If deemed necessary, the Commissioner may require changes in the emission control procedures to be used.
(4) Location of any temporary storage site and the final disposal site.
(Ord. 46-93. Passed 2-2-93.)