Revised February 2004
State landfill regulations were revised by the State Environmental Commission on July 23, 1992. A new definition for Class III landfills was adopted. A Class III site is a land disposal site that does not accept municipal solid waste or regulated hazardous waste. Specific location, design, operational, and monitoring requirements were established for Class III sites. However, if a Class III site accepts only inert waste, NDEP may adopt less restrictive regulatory standards for the site, eg. reduced design and monitoring requirements. If a Class III site meets the following conditions listed in NAC 444.731, the site may be eligible for a Class III waiver:
- All waste placed in the landfill is incidental to the industrial operation;
- The landfill is located on property controlled by the operator of the industrial operation; and
- The landfill will not receive any hazardous materials, as defined by NRS 459.7024, and is unlikely to produce pollutants or contaminants that may degrade the waters of the state.
A waiver does not exempt a site from regulation, and is not a formal Class III landfill permit. It simply means that if the site complies with the conditions listed above, most Class III regulatory requirements are waived. Application for a waiver must include a scaled site map, a description of the type and amount of waste, and a plan for regular maintenance of the site. Waivers will be granted for the life of the site, not for each landfill cell or trench. Compliance with the conditions of the waiver will be enforced. All new Class III landfill sites that meet the waiver eligibility criteria above must submit a waiver application prior to starting operation. Waste Characterization
In no case shall a Class III landfill receive materials that meet the definition of a hazardous waste, or waste that could produce pollutants or contaminants that may degrade the waters of the state. Several examples of waste that would be considered acceptable, as well as unacceptable, for disposal under a Class III waiver application are provided as follows:
Acceptable Waste: Scrap metals, untreated wood wastes, paper products, empty bags, properly managed (thoroughly drained) empty containers, office and lunch room wastes, oil filters that have been pierced, dismantled, or punctured and hot drained for twelve hours, or the excess oil removed by crushing or another equivalent method that substantially eliminates most of the oil from the filter, whole tires, and uncontaminated piping and liner material.
Unacceptable Waste: Hazardous wastes, liquid wastes (as defined by the paint filter test), household hazardous waste, undrained used oil filters, hydrocarbon contaminated soils exceeding 100 ppm TPH, highly putrescible wastes including dead animals, medical/infectious waste, asbestos, vehicle batteries, and exempt small quantity generator waste that is not regulated as hazardous waste due to its small quantity, eg. spent cleaning solvents.
A maintenance program should be defined in the waiver application, that includes the following provisions:
- A soil cover should be applied weekly and compacted to a minimum of 6 inches, to control litter, vectors, and odors.
- Restrict public access, and erect signs identifying the site and indicating acceptable and unacceptable wastes.
- Control litter with portable fencing and periodic cleanup.
- Prevent all burning of solid waste.
- Control storm water run-off, provide erosion control, and protect any surface water from pollutants.
A layer of suitable cover material compacted to a minimum uniform depth of 24 inches must be placed on any surface that represents the final grade of the landfill. This cover must be graded to allow for proper drainage of surface runoff. Contact
For additional information, an application form, or landfill regulations, contact the Solid Waste Branch at (775) 687-9472
Created 11/92, Rev.1 10/22/96, Rev.2 02/05/04
Back to NDEP
Solid Waste Branch -- Solid Waste Guidance Documents