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~) I° (Page 2) NINE IDf: H-80-233 INSPECTION DATE: 2/27/95 INSPECTOR'S INITIALS: JCS This was a routine monitoring inspection. Hr. Epi Jaramillo, Costilla County Commissioner, and Hr. Jce Ortiz, pit supervisor, were present during the inspection. There was no ID sign at the entrance to the pit as required by Rule 3.1.12 (Copy attached). The boundaries of the permit area and landfill are apparently marked by fences. The long dimension of the permit area is, however, oriented EW and the short dimension NS in contrast to representations made in the approved permit application. The pit was not undergoing active mining at the time of the inspection. The excavated area was being used exclusively ae a landfill by the operator which is the approved post-mining land use. The pit has almost completely been filled. What remains of the pit walls is gently sloped. The operator's representatives indicated that no further mining at the Bite was intended and that they expected to have the pit filled within a year. There is no evidence of a Certificate of Designation as a landfill in the Division's records for the pit. While the approved post-mining land use was as a landfill, the Division believes it necessary that the county provide evidence of an approved Certificate of Designation ae a landfill for the site before the county can be released from its reclamation responaibilitiea under its NLRB permit. Such evidence prior to release is also required by the Division's HOU with the Hazardous Materials and Waste Management Division. If the county is to close the pit within the next year, presumably it also intends to have its NLRB permit terminated, so it should provide evidence of a Certificate of Designation in the fairly near future. Since the pit is, at present, still under an MLRB permit and current activities underway at the site appear to have the potential to adversely impact the quality of ground water in its area, the Division believes that permit conditions protective of existing and reasonably potential future uses of ground water in the area should be established for the pit. Consequently, pursuant to the requirements of Rule 3.1.7 (3) (b) (ii) (A) (Copy attached), the Division is, with this report, notifying Coetilla County that the burial of dead animals in the land fill together with such other contaminants as might be expected in a landfill, the 20 foot depth approved for excavation of the pit under the HI.RB permit and the reported occurrence of ground water at a depth of 20 feet in a domestic ground water supply well in the same quarter quarter of Section 21 (See copy of State Engineer's records attached) combine to create reasonable potential for degradation of ground water quality in the ~~vicinity of the pit and that there is a possible need to modify the permit for the Landfill Pit to include permit conditions to comply with Rule 3.1.7 (2) of the Mineral Rules. The Division is also notifying the county, with this report, that Costilla County, as operator of the Landfill Pit (Permit M-80-233), is to provide the Division by July 1, 1995 the ~neceasary information to determine ground water quality, depths and uses in the vicinity of the pit together with such other geologic, hydrologic and contaminant information as may be necessary to establish permit conditions protective of ground water, Points of Compliance, and, possibly, a ground water monitoring plan for the Landfill Pit.