Code of Colorado Regulations
1000 - Department of Public Health and Environment
1007 - Hazardous Materials and Waste Management Division
6 CCR 1007-3 - HAZARDOUS WASTE
Part 264 - HAZARDOUS WASTE - STANDARDS FOR OWNERS AND OPERATORS OF HAZARDOUS WASTE TREATMENT, STORAGE AND DISPOSAL FACILITIES
Subpart G - Closure and Post-Closure
Section 6 CCR 1007-3-264.117 - Post Closure Care and Use of Property

Current through Register Vol. 47, No. 17, September 10, 2024

(a)

(1) Post closure care for each hazardous waste management unit subject to the requirements of '' § § 264.117 264.120 must begin after completion of closure of the unit and continue for 30 years after that date and must consist of at least the following:
(i) Monitoring and reporting in accordance with the requirements of Subparts F, K, L, M, N, and X of this part and

(ii) Maintenance and monitoring of waste containment systems in accordance with the requirements of Subparts F, K, L, M, N, and X of this part.

(2) Any time preceding partial closure of a hazardous waste management unit subject to post closure care requirements or final closure, or any time during the post closure period for a particular unit, the Department may, in accordance with the permit modification procedures in Part 100:
(i) Shorten the post closure care period applicable to the hazardous waste management unit, or facility, if all disposal units have been closed, if the Department finds that the reduced period is sufficient to protect human health and the environment (e.g., leachate or groundwater monitoring results, characteristics of the hazardous wastes, application of advanced technology, or alternative disposal, treatment, or re use techniques indicate that the hazardous waste management unit or facility is secure); or

(ii) Extend the post closure care period applicable to the hazardous waste management unit or facility if the Department finds that the extended period is necessary to protect human health and the environment (e.g., leachate or groundwater monitoring results indicate a potential for migration of hazardous waste at levels which may be harmful to human health and the environment).

(b) The Department may require, at partial and final closure, continuation of any of the security requirements of § 264.14 during part or all of the post closure period after the date of completing closure when:

(1) Hazardous wastes may remain exposed after completion of partial or final closure; or

(2) Access by the public or domestic livestock may pose a hazard to human health.

(c) Post closure use of property on or in which hazardous wastes remain after partial or final closure must never be allowed to disturb the integrity of the final cover, liner(s), or any other components of any containment system, or the function of the facility's monitoring systems, unless:

(1) The Department finds that the disturbance is necessary to the proposed use of the property, and will not increase the potential hazard to human health or the environment, or is necessary to reduce a threat to human health or the environment; and

(2) If applicable, the environmental covenant is modified or terminated accordingly.

(d) All post closure care activities must be in accordance with the provisions of the approved post closure plan as specified in § 264.118.

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