Current through Register Vol. 47, No. 17, September 10, 2024
(a)
Written plan. The owner or operator of a hazardous waste disposal
unit must have a written post closure plan. In addition, certain waste piles
and surface impoundments from which the owner or operator intends to remove or
decontaminate the hazardous wastes at partial or final closure are required by
§
§ 264.228(c)(1)(ii) and 264.258(c)(1)(ii) to have contingent post
closure plans. Owners or operators of surface impoundments and waste piles not
otherwise required to prepare contingent post closure plans under §
§
264.228(c)(1)(ii) and 264.258(c)(1)(ii) must submit a post closure plan to the
Department within 90 days from the date that the owner or operator or
Department determines that the hazardous waste management unit must be closed
as a landfill, subject to the requirements of §
§ 264.117 through
264.120. The plan must be submitted with the permit application, in accordance
with § 100.41(a)(13) of these regulations, and approved by the Department
as part of the permit issuance procedures under Part 100 of these regulations.
In accordance with § 100.43 of these regulations, the approved post
closure plan will become a condition of any permit issued.
(b) For each hazardous waste management unit
subject to the requirements of this section, the post closure plan must
identify the activities that will be carried on after closure of each disposal
unit and the frequency of these activities, and include at least:
(1) A description of the planned monitoring
activities and frequencies at which they will be performed to comply with
Subparts F, K, L, M, N, and X of this part during the post closure care
period;
(2) A description of the
planned maintenance activities, and frequencies at which they will be
performed, to ensure:
(i) The integrity of the
cap and final cover or other containment systems in accordance with the
requirements of Subparts F, K, L, M, N, and X of this part; and
(ii) The function of the facility monitoring
equipment in accordance with the requirements of Subparts F, K, L, M, N, and X
of this part;
(3) The
name, address, and phone number of the person or office to contact about the
hazardous waste disposal unit or facility during the post closure care
period;
(4) For facilities where
the Director has applied alternative requirements at a regulated unit under
§
§ 264.90(f), 264.110(c), and/or § 266.10(d), either the
alternative requirements that apply to the regulated unit, or a reference to
the enforceable document containing those requirements; and
(5) A draft environmental covenant, including
proposed environmental use restrictions.
(c) Until final closure of the facility, a
copy of the approved post closure plan must be furnished to the Department upon
request, including request by mail. After final closure has been certified, the
person or office specified in § 264.118(b)(3) must keep the approved post
closure plan during the remainder of the post closure period.
(d) Amendment of plan. The owner or operator
must submit a written notification of or request for a permit modification to
authorize a change in the approved post closure plan in accordance with the
applicable requirements of Part 100. The written notification or request must
include a copy of the amended post closure plan for review or approval by the
Department.
(1) The owner or operator may
submit a written notification or request to the Department for a permit
modification to amend the post closure plan at any time during the active life
of the facility or during the post closure care period.
(2) The owner or operator must submit a
written notification of or request for a permit modification to authorize a
change in the approved post closure plan whenever:
(i) Changes in operating plans or facility
design affect the approved post closure plan, or
(ii) There is a change in the expected year
of final closure, if applicable, or
(iii) Events which occur during the active
life of the facility, including partial and final closures, affect the approved
post closure plan.
(iv) The owner
or operator requests the Director to apply alternative requirements to a
regulated unit under §
§ 264.90(f), 264.110(c), and/or §
266.10(d).
(3) The owner
or operator must submit a written request for a permit modification at least 60
days prior to the proposed change in facility design or operation, or no later
than 60 days after an unexpected event has occurred which has affected the post
closure plan. An owner or operator of a surface impoundment or waste pile that
intends to remove all hazardous waste at closure and is not otherwise required
to submit a contingent post closure plan under §
§ 264.228(c)(1)(ii)
and 264.258(c)(1)(ii) must submit a post closure plan to the Department no
later than 90 days after the date that the owner or operator or Department
determines that the hazardous waste management unit must be closed as a
landfill, subject to the requirements of § 264.310. The Department will
approve, disapprove or modify this plan in accordance with the procedures in
Part 100. In accordance with § 100.43 of these regulations, the approved
post closure plan will become a permit condition.
(4) The Department may request modifications
to the plan under the conditions described in § 264.118(d)(2). The owner
or operator must submit the modified plan no later than 60 days after the
Department's request, or no later than 90 days if the unit is a surface
impoundment or waste pile not previously required to prepare a contingent post
closure plan. Any modifications requested by the Department will be approved,
disapproved, or modified in accordance with the procedures in Part
100.
