01.
Implementation of a Permanent Closure Plan. Unless otherwise specified in the approved permanent closure plan, an operator must begin implementation of the approved permanent closure plan as follows: (3-18-22)
a. Within two (2) years of the final addition of new cyanide to the ore process circuit; or (3-18-22)
b. If the product recovery phase of the cyanidation facility has been suspended for a period of more than two (2) years. (3-18-22)
02.
Submittal of a Permanent Closure Report. The operator must submit a permanent closure report to the Department for review and approval. A permanent closure report must be of sufficient detail for the directors of the Department and DEQ to issue a determination that permanent closure, as defined by Subsection 010.15 of these rules, has been achieved. The permanent closure report shall address: (3-18-22)
a. The effectiveness of material stabilization; (3-18-22)
b. The effectiveness of the water management plan and the adequacy of the monitoring plan; (3-18-22)
c. The final configuration of the cyanidation facility and its operational/closure status; (3-18-22)
d. The post-closure operation, maintenance, and monitoring requirements, and the estimated reasonable cost to complete those activities; (3-18-22)
e. The operational/closure status of any land application site of the cyanidation facilities; (3-18-22)
f. Source control systems that have been constructed or implemented to eliminate, mitigate, or contain short- and long-term discharge of pollutants from the cyanidation facility, unless otherwise permitted; (3-18-22)
g. The short- and long-term water quality trends in surface and ground water through the statistical analysis of the existing monitoring data pursuant to the ore-processing by cyanidation permit; (3-18-22)
h. Ownership and responsibility for the site upon permanent closure during the defined post-closure period; (3-18-22)
i. The future beneficial uses of the land, surface and ground waters in and adjacent to the closed cyanidation facilities; and (3-18-22)
j. How the permanent closure of the cyanidation facility complies with the Resource Conservation and Recovery Act, Hazardous Waste Management Act, Solid Waste Management Act, and appropriate rules. (3-18-22)
03.
Review of a Permanent Closure Report. The Department will immediately forward a copy of the permanent closure report to DEQ for their review and comment. (3-18-22)
