Current through August 31, 2023
The owner and operator of a Tier III facility shall establish
compliance with the requirements of Section
013 by obtaining Department
approval of the applications required in Subsection
013.02 before beginning
construction and Subsection
013.04 prior to accepting waste.
The owner and operator of a Tier III facility shall meet the requirements of
Subsection 012.07 prior to facility
closure. (3-24-22)
01.
General
Siting Requirements. The owner and operator of a Tier III facility shall
comply with the following siting requirements: (3-24-22)
a. Flood Plain Restriction. A facility shall
not be located within a one hundred (100) year flood plain if the facility will
restrict the flow of the one hundred (100) year flood, reduce the temporary
water storage capacity of the flood plain, or result in a washout of solid
waste so as to pose a hazard to human health and the environment.
(3-24-22)
b. Endangered or
Threatened Species Restriction. The facility shall not cause or contribute to
the taking of any endangered or threatened species of plants, fish, or wildlife
or result in the destruction or adverse modification of the critical habitat of
endangered or threatened species as identified in 50 CFR Part 17 .
(3-24-22)
c. Surface Water
Restriction. The active portion of a facility shall be located such that the
facility shall not cause contamination of surface waters, unless such surface
waters are an integral part of the non-municipal solid waste management
facility's operation for storm water and/or leachate management.
(3-24-22)
d. Ground Water. The
active portion of the facility shall be located, designed and constructed such
that the facility shall not cause contamination to a drinking water source or
cause contamination of ground water. (3-24-22)
e. Geologic Restrictions. No facility may be
located on land that would threaten the integrity of the design.
(3-24-22)
f. Property Line
Restriction. The active portion of a facility shall not be located closer than
one hundred (100) feet to the property line. (3-24-22)
g. Park, Scenic or Natural Use Restriction.
The active portion of a facility shall not be located closer than one thousand
(1,000) feet from the boundary of any state or national park, or land reserved
or withdrawn for scenic or natural use including, but not limited to, wild and
scenic areas, national monuments, wilderness areas, historic sites, recreation
areas, preserves and scenic trails. (3-24-22)
h. Variance from Siting Requirement. Any
facility that does not meet the siting requirements of Section
013 may apply for a variance from
the Department. The Department may approve a written request for a variance
provided the owner and operator demonstrate to the Department that the variance
is at least as protective of public health and the environment as the siting
requirements in Section
013. (3-24-22)
02.
Siting Application.
Documentation shall be submitted to the Department demonstrating compliance
with the siting requirements and restrictions specified in Subsection
013.01 within the time frames
specified in Section 013. If the
documentation has been certified by a qualified professional, the Director
shall approve the siting application unless the Director finds the evidence
supports a contrary opinion. A map indicating the following shall also be
submitted to the Department as part of a Siting Application: (3-24-22)
a. Highways, roads, and adjacent communities;
(3-24-22)
b. Property boundaries;
(3-24-22)
c. Total acreage of the
site; (3-24-22)
d. Off-site and
on-site access roads and service roads; (3-24-22)
e. Type(s) of land use adjacent to the
facility and a description of all facilities on the site; (3-24-22)
f. All water courses, ponds, lakes,
reservoirs, canals, irrigation systems, and existing water supplies, within
one-quarter (1/4) mile of the proposed facility property lines;
(3-24-22)
g. High tension power
line rights-of-way, fuel transmission pipeline rights-of-way, and proposed and
existing utilities; (3-24-22)
h.
Proposed or existing fencing; (3-24-22)
i. Proposed and existing structures at the
facility and within five hundred (500) feet of the facility boundary. This
shall include location of employee buildings, and scales (if provided); and
(3-24-22)
j. Direction of
prevailing winds. (3-24-22)
03.
General Operating
Requirements. The owner and operator of a Tier III facility shall comply
with the following operating requirements: (3-24-22)
a. Prohibited Activities. The following
activities are prohibited: (3-24-22)
i.
Disposal in a landfill of regulated waste from any business that provides
health care, support to health care businesses, or medical diagnostic services
that has not been decontaminated. "Regulated waste" and "decontaminated" for
the purpose of Section
013 have the same meaning as
defined at 29 CFR
1910.1030; (3-24-22)
ii. Speculative accumulation, unless
otherwise approved in an operating plan; and (3-24-22)
iii. Disposal of radioactive waste except in
a facility regulated pursuant to Section
39-4405(9), Idaho
Code and rules adopted thereunder or a facility regulated under the authority
of The Atomic Energy Act of 1954, as amended. (3-24-22)
b. Signs. Facilities open to the general
public shall clearly post visible and legible signs at each entrance to the
facility specifying, at a minimum, the name of the facility, the hours of
operation, the waste accepted at the facility and an emergency phone number.
(3-24-22)
c. Waste Types. Only the
solid waste types listed in the approved operating plan may be accepted for
disposal or processing. (3-24-22)
d. Waste Monitoring and Measurement.
Provisions shall be made for monitoring or measuring all solid waste delivered
to a facility. The waste monitoring program shall include: (3-24-22)
i. A daily written log listing the types and
quantities of wastes received; (3-24-22)
ii. A plan for monitoring and handling
receipt of unauthorized wastes; (3-24-22)
iii. Routine characterization of the wastes
received; and (3-24-22)
iv. Other
measures included in an approved Operating Plan. (3-24-22)
e. Communication. Communication devices shall
be available or reasonably accessible at the site. (3-24-22)
f. Fire Prevention and Control. Adequate
provisions shall be made for controlling or managing fires at the site.
(3-24-22)
g. Facility Access.
Unauthorized vehicles and persons shall be prohibited access to the facility. A
facility open to the public shall accept waste only when an attendant is on
duty. The facility shall be fenced or otherwise blocked to access when an
attendant is not on duty. (3-24-22)
h. Scavenging and Salvaging. Scavenging by
the public at a facility is prohibited; however, salvaging may be conducted in
accordance with a written operating plan and only by the owner, operator or an
authorized agent. (3-24-22)
i.
Nuisance Control. The owner and operator shall control nuisances, including but
not limited to: (3-24-22)
i. Disease or
Discomfort. Operations at any facility shall not provide sustenance to rodents
or insects that cause human disease or discomfort; (3-24-22)
ii. Vector. Vector control procedures shall
prevent or control vectors that may cause health hazards or nuisances;
(3-24-22)
iii. Odor. The facility
shall be operated to control malodorous gases; and (3-24-22)
iv. Litter. Effective measures shall be taken
to minimize the loss of debris from the facility. Debris blown from or within
the facility shall be collected and properly disposed to prevent objectionable
accumulations. (3-24-22)
j. Bird Hazards to Aircraft. No facility may
handle putresible wastes in such a manner that may attract birds and increase
the likelihood of bird/aircraft collisions. Facilities that are located within
ten thousand (10,000) feet of any airport runway used by turbojet aircraft, or
within five thousand (5,000) feet of any airport used by only piston-type
aircraft shall operate the facility in such a manner that birds are not a
hazard to aircraft. (3-24-22)
k.
Open Burning and Fires. Open burning is prohibited at facilities except as
authorized by Section
061. (3-24-22)
l. Storm Water Run-On/Run-Off Controls. The
operating plan shall include sufficient storm water management provisions,
which may incorporate a NPDES storm water pollution prevention plan, to prevent
contamination of ground or surface water and prevent the spread and impact of
contamination beyond the boundary of the facility. (3-24-22)
m. Variance Request. An owner and operator
may submit to the Department a written variance request for a variance from the
operating requirements listed in Section
013. The Department shall approve a
written request for a variance provided the owner and operator demonstrate to
the Department that the variance is at least as protective of human health and
the environment as the requirements listed in Section
013. (3-24-22)
04.
Operating Plan. The owner
and operator of a Tier III facility shall submit to the Department an Operating
Plan containing that information required by Subsection
013.03, within the time frames
stated in Section 013. An
Operating Plan shall include a description of the wastes to be accepted, the
methods for maintaining compliance with each of the applicable general
operating requirements of Subsection
013.03, and complies with any
applicable facility specific requirements found in Subsections
013.11 through
013.13. (3-24-22)
05.
Ground Water Monitoring
Requirements. The owner and operator of a Tier III facility shall comply
with the following ground water monitoring requirements: (3-24-22)
a. Install and maintain ground water
monitoring wells at the point of compliance as approved by the Department;
(3-24-22)
b. Within thirty (30)
days of completion of each well, submit a copy of the geologic log and record
of well construction to the Department; (3-24-22)
c. Monitor the ground water quarterly, unless
otherwise directed by the Department. Constituents to be monitored shall be
those listed in 40 CFR Part 257.24 unless otherwise authorized by the
Department; and (3-24-22)
d. The
owner and operator of any facility required to monitor ground water pursuant to
Section 013 shall
continue the approved monitoring schedule for five (5) years following facility
closure, unless otherwise approved by the Department upon request of the owner
and operator for a modified monitoring schedule. (3-24-22)
06.
Ground Water Monitoring
Application. The following information shall be submitted to the
Department in a Ground Water Monitoring Application: (3-24-22)
a. A map showing soil types, depth to ground
water, ground water flow direction and locations of proposed ground water
monitoring wells; and (3-24-22)
b.
A monitoring schedule indicating sample frequency and constituents to be
analyzed. (3-24-22)
07.
Closure Requirement. The owner and operator of a Tier III facility
shall comply with the following closure requirements: (3-24-22)
a. Public Notice. For a facility open to the
public the owner and operator shall provide public notice of the facility's
closure by publishing a notice in the local newspaper and posting signs at the
facility's entrance. This notice shall be published and the signs posted;
(3-24-22)
i. At least thirty (30) days and no
more than ninety (90) days prior to the date of last receipt of waste for a
facility that has reached disposal capacity; or (3-24-22)
ii. If the facility has remaining capacity
and there is a reasonable likelihood that the facility will receive additional
waste, a notice shall be published and signs posted at least thirty (30) days
and no more than ninety (90) days prior to closure.
(3-24-22)
b. Facility
Closure. Unless the Department establishes an alternate closure time period,
the owner and operator shall close the facility within six (6) months of the
Department's approval of the Closure Plan. The facility shall be closed in
accordance with the approved Closure Plan. (3-24-22)
c. Clean Site/Access Control. The owner and
operator shall close the facility by managing or removing all solid waste to
prevent impact to human health or the environment and shall install a gate or
other device to prevent public access after the last receipt of waste;
(3-24-22)
d. Drainage and Erosion
Control. The owner and operator shall install appropriate measures to control
erosion and install appropriate measures to control the run-on and runoff from
a twenty-five (25) year, twenty-four (24) hour storm event and to provide for
the diversion of other surface waters from the closed facility; and
(3-24-22)
e. Closure Plan
Certification. Within thirty (30) days of closure, the owner and operator shall
notify the department in writing that the facility was closed in accordance
with the approved Closure Plan. If closure of the facility is different from
the approved Closure Plan, the owner and operator shall submit for Department
review and approval documents, such as "as-built" plans, showing the final
conditions of the facility. (3-24-22)
08.
Closure Plan Application.
The owner and operator of a Tier III facility shall submit to the Department a
Closure Plan Application containing the information no later than ninety (90)
days before the date on which the facility receives the known final receipt of
wastes or, if the facility has remaining capacity and there is a reasonable
likelihood that the facility will receive additional wastes, no later than one
(1) year after the most recent receipt of wastes. The following information
shall be submitted to the Department in a Closure Application: (3-24-22)
a. A complete and accurate legal description
of the facility; (3-24-22)
b. A map
of the facility, showing pertinent facility features, including: (3-24-22)
i. Facility boundaries, drainage patterns,
location of fill areas, and location of access control measures;
(3-24-22)
ii. All water courses,
ponds, lakes, reservoirs, canals, irrigation systems, and existing water
supplies, within one-quarter (1/4) mile of the facility boundary;
(3-24-22)
iii. Location of disposal
trenches and description of waste disposed; and (3-24-22)
iv. Proposed final contours of the closed
facility, drawn to a reasonable scale with five (5) foot intervals for the
operational area, and ten (10) foot intervals for the remainder of the
facility; (3-24-22)
c.
Estimated date of last receipt of waste; (3-24-22)
d. A description of how public access to the
closed facility will be controlled; (3-24-22)
e. Estimated total cubic yards, or tons, of
waste in place; (3-24-22)
f. Total
acreage of the facility and acres containing waste; (3-24-22)
g. Closure equipment and procedures to be
used; (3-24-22)
h. Texture, depth
and permeability of final cover material; (3-24-22)
i. Design and construction plan for any
necessary final cover; (3-24-22)
j.
Placement, design, and management of run-on and run-off storm water controls;
(3-24-22)
k. Types of vegetation
and planting procedures to be used for establishing vegetative cover;
(3-24-22)
l. Details of any
proposed changes to any existing groundwater monitoring system;
(3-24-22)
m. Details of any
proposed changes to any existing landfill gas control system;
(3-24-22)
n. Details of any
proposed changes to any existing leachate collection system; and
(3-24-22)
o. Other closure
information the Department determines is necessary to protect human health and
the environment. (3-24-22)
09.
Documentation Requirements.
The owner and operator of a Tier III facility shall maintain on site each
Department-approved application required by Section
013. (3-24-22)
10.
Modification Application.
The owner and operator shall submit to the Department a Modification
Application describing the proposed modification no less than sixty (60) days
prior to the proposed modification of the facility. The owner and operator of a
Tier III facility shall not implement the modification prior to Department
approval. If a proposed modification alters the classification of a facility,
the owner and operator shall comply with the application content, review and
approval requirements for the new classification. (3-24-22)
11.
Tier III Processing
Facilities. In addition to the requirements in Subsections
013.01 through
013.10, the owner and operator
of a Tier III processing facility shall comply with the following requirements:
(3-24-22)
a. Odor Management Plan. The owner
and operator of a Tier III processing facility shall implement a Department
approved Odor Management Plan designed to minimize malodorous gases. An Odor
Management Plan shall include specific operating criteria for oxygen, moisture
and temperature levels appropriate for the wastes to be processed and
processing technologies to be employed; methods used to maintain the specific
operating criteria and a monitoring strategy that includes the frequency and
parameters for monitoring the specific operating criteria; (3-24-22)
b. Additional Requirements for PCS. Owners
and operators of Tier III PCS processing facilities shall comply with the
following applicable requirements: (3-24-22)
i. Leachate collection and control system to
prevent contamination of ground and surface waters; (3-24-22)
ii. Liner designed to prevent ground and
surface water contamination. The liner design shall account for the types of
wastes handled and the potential for migration of liquids and gaseous
contaminants to ground water; and (3-24-22)
iii. Air emission control system to prevent
discharges of air pollutants. (3-24-22)
iv. An owner and operator of a PCS processing
facility may submit a written request for a variance from the leachate control
and liner requirements. The owner and operator must demonstrate that the
variance is at least as protective of surface and ground water as the leachate
collection system and liner. (3-24-22)
c. Design Application. The following
information shall be submitted to the Department in a Design Application:
(3-24-22)
i. Building and construction design
blueprints; (3-24-22)
ii. A map
illustrating a storm water run-on/run-off system designed to prevent
contamination of ground or surface water or and prevent contamination beyond
the boundary of the facility; (3-24-22)
iii. Operational design and capacity
information including a description of the waste types and projected daily and
annual waste volumes; and (3-24-22)
iv. Design and Construction Requirements. The
owner and operator of a Tier III PCS processing facility shall submit for
Department review and approval the following information as part of the Design
Application: (3-24-22)
(1) A hydrogeologic
evaluation, including the potential for migration of contamination to ground or
surface water; (3-24-22)
(2) A
detailed description of treatment methods to be used; (3-24-22)
(3) Design plans for a leachate collection
and control system to prevent ground and surface water contamination from the
leachate control system; (3-24-22)
(4) Design plans for an air emissions control
system to prevent discharges of air pollutants; and (3-24-22)
(5) Design plans for a liner designed to
prevent ground or surface water contamination. The liner design shall account
for the types of wastes handled and the potential for migration of liquid and
gaseous contaminants to ground water. (3-24-22)
d. Operating Plan. The owner and operator of
a PCS processing facility shall submit for Department review and approval the
following information as part of the Subsection
013.04, Operating Plan:
(3-24-22)
i. A sampling plan that describes
the methods and frequency that the owner and operator will use to sample and
analyze the wastes when received, during processing, and on final testing of
processed material; and (3-24-22)
ii. A description of how the owner and
operator will maintain and operate the liner, leachate collection and control
system, and air emission control system consistent with the approved design
application. (3-24-22)
e.
Documentation Requirement. The owner and operator of a processing facility
shall maintain documentation of compliance with Section
013, including an operational log
of the methods used to maintain the operating criteria and sampling results.
(3-24-22)
12.
Tier
III Incinerators. In addition to the requirements in Subsections
013.01 through
013.04 and Subsections
013.09 and
013.10, the owner and operator
of a Tier III incinerator shall comply with the following requirements:
(3-24-22)
a. Design Requirements. The owner
and operator of an incinerator comply with the following design requirements:
(3-24-22)
i. A tipping floor constructed of
impermeable and durable material and designed to contain, collect, and convey
any liquids to a storage or leachate management system. (3-24-22)
ii. A storage or leachate management system.
(3-24-22)
b. Design
Application. The following information shall be submitted to the Department in
a Design Application: (3-24-22)
i. A
description of the tipping floor design; (3-24-22)
ii. A description of the storage or leachate
management system design; (3-24-22)
iii. Building and construction design
blueprints; (3-24-22)
iv. A map
illustrating a storm water run-on/run-off system designed to prevent ground or
surface water contamination, or contamination from the facility beyond the
boundary of the facility; (3-24-22)
v. Operational design and capacity
information including a description of the waste types and projected daily and
annual waste volumes; and (3-24-22)
vi. Any facility specific design elements
required by these rules. (3-24-22)
c. Operating Requirements. The owner and
operator of an incinerator shall comply with the following operating
requirements: (3-24-22)
i. Maintain and
operate the tipping floor to control odors, insects, and rodents;
(3-24-22)
ii. Implement cleaning
procedures and waste residency times used to maintain sanitary conditions on
the surface of the tipping floor; and (3-24-22)
iii. Implement a storage or leachate
management system operation. (3-24-22)
d. If it is determined that the tipping floor
or leachate management system integrity has been breached, or waste has been
handled or stored outside of the containment of the tipping floor, unless
allowed in the facility Operating Plan, the owner and operator of the Tier III
incinerator shall comply with Subsections
013.05 through
013.08.
(3-24-22)
13.
Tier
III NMSWLFs. In addition to the requirements in Subsection
013.01 through
013.10, the owner and operator
of a Tier III NMSWLF shall comply with the following requirements: (3-24-22)
a. Siting Requirements: A facility shall not
be located in wetlands, except as provided in
40 CFR
257.9; (3-24-22)
b. Siting Application. The owner and operator
shall include in the Siting Application documentation demonstrating compliance
with the requirement specified in Subsection
013.13.a.; (3-24-22)
c. Design and Construction Requirements: The
owner and operator of a NMSWLF shall comply with the following design and
construction requirements: (3-24-22)
i.
Leachate Collection and Control System. A leachate collection and control
system shall be constructed to prevent ground and surface water contamination;
(3-24-22)
ii. Liner. A liner
designed to prevent ground or surface water contamination shall be installed.
The liner design shall account for the types of wastes handled and the
potential for migration of liquid and gaseous contamination to ground or
surface water; (3-24-22)
iii.
Landfill Emission Control System. Appropriate toxic and flammable gas
monitoring devices shall be installed where the location, geophysical
condition, and waste characteristics indicate that there is a reasonable
probability that the facility will generate toxic and flammable gas: exceeding
twenty-five (25) percent of the lower explosive limit for gases in facility
structures (excluding gas control or gas recovery system components); exceeding
the lower explosive limit at the property boundary; or otherwise presenting a
potential threat to public health or the environment; and (3-24-22)
iv. An owner or operator may submit a written
request for a variance from the leachate collection and control system, liner,
or emission control system requirements. The Department may approve the
variance upon demonstration by the owner or operator that the variance is at
least as protective of human health and the environment as the leachate
collection and control system, liner, or emission control system.
(3-24-22)
d. Design
Application. The following information shall be submitted to the Department in
a Design Application: (3-24-22)
i. Design
plans shall address the need for and include as required a leachate collection
and control system, liner, and emission control systems in Subsection
013.13.c.; (3-24-22)
ii. A facility map illustrating: (3-24-22)
(1) Surface water and erosion control
systems; (3-24-22)
(2) Proposed
fill area, including the location of waste disposal trenches or cells, noting
the locations of trenches used for separated wastes such as animal carcasses,
tree trunks, stumps, bulky wastes, car bodies, asbestos, and petroleum
contaminated soils; (3-24-22)
(3)
Location of borrow areas; (3-24-22)
(4) Design elevation grade of final cover;
(3-24-22)
(5) Soil and water table
test boring holes, wells, or excavations; (3-24-22)
(6) Proposed receiving, storage, and
processing areas; (3-24-22)
(7)
Proposed trench layout and development; and (3-24-22)
(8) Contour lines at five (5) foot intervals
within the operating area and ten (10) foot intervals to the facility boundary.
(3-24-22)
(9) Building and
construction design blueprints; (3-24-22)
(10) Operational design and capacity
information including a description of the waste types and projected daily and
annual waste volumes; and (3-24-22)
e. Operating Requirements: The owner and
operator of a NMSWLF shall comply with the following operating requirements:
(3-24-22)
i. Compaction and placement of waste
in locations consistent with the approved operations plan; (3-24-22)
ii. Provision for storage of waste during
periods when the NMSWLF is inaccessible; (3-24-22)
iii. Application of a six (6) inch compacted
soil cover layer on exposed waste as necessary to prevent nuisance and vector
conditions at periods consistent with the approved operations plan. An owner
and operator may request that the Department approve an alternate cover that
addresses vectors, litter, fire, odor, and scavenging concerns;
(3-24-22)
iv. Placement of an
interim cover layer of twelve (12) inches of compacted soil between lifts to
provide erosion control and structural stability. An owner and operator may
request that the Department approve an alternate interim cover that addresses
erosion, and stability for subsequent lifts; (3-24-22)
v. Maintenance and operation of a leachate
collection and control system and air emission control system consistent with
the approved design application; and (3-24-22)
vi. Preservation of existing vegetation where
attainable. (3-24-22)
f.
Operating Plan. The operating plan required in Section
013 shall identify the methods used
for maintaining compliance with each applicable operating requirement of
Subsection 013.03. and Subsection
013.13.e. including but not
limited to the type, the method of compaction and the frequency of application
of respective cover materials; (3-24-22)
g. Closure Requirements. The owner and
operator of a NMSWLF shall comply with the following closure requirements:
(3-24-22)
i. Final Cover. Within seven (7)
days of the date of last receipt of waste, a cover layer shall be applied to
prevent nuisances and vector conditions. Within one hundred and twenty (120)
days of the date of last receipt of waste, a final cover layer of eighteen (18)
inches of compacted soil with an approved in-place permeability designed to
minimize infiltration, or its functional equivalent, and, a six (6) inch soil
layer that minimizes erosion and sustains plant growth shall be constructed;
(3-24-22)
ii. Facility
Stabilization. All disturbed portions of the facility shall be stabilized.
Stabilization practices may include but are not limited to: establishment of
vegetation, mulching, geotextiles, and sod stabilization; (3-24-22)
iii. Slope Stability. Finished grade shall be
at a minimum of two percent (2%) and a maximum of thirty- three percent (33%)
slope on the final surface of the completed fill area, after settlement; and
(3-24-22)
iv. Drainage Control. The
completed landfill shall be graded to prevent surface water ponding and
erosion, and to conform to the local topography. (3-24-22)
h. Environmental Covenants: (3-24-22)
i. After completion and certification of
closure of a NMSWLF, the owner and operator shall record an environmental
covenant, pursuant to the Uniformed Environmental Covenants Act (UECA) Chapter
30, Title 55, Idaho Code, on the property where the landfill facility is
located and its future use may be restricted in accordance with a post-closure
care plan. A copy of the environmental covenant will be sent to the Department
after recording with the county clerk. (3-24-22)
ii. The owner may request permission from the
Department to remove the environmental covenant if all wastes are removed from
the facility. (3-24-22)
iii.
Federal agencies with responsibility for management of landfills on federal
property shall make an environmental covenant or notation in the federal
property records for the affected property. If the subject property is ever
sold or transferred by the federal government, a notation on the deed or patent
shall be made. (3-24-22)
i. Closure Plan. The owner and operator shall
provide in the Closure Plan documentation that demonstrates compliance with
closure requirements specified in Subsections
013.07 and
013.13.g. (3-24-22)
j. Post-Closure Care Plan. Owners and
operators of a NMSWLF shall submit, in accordance with the time frames
specified in Subsection
013.08, to the Department for
review and approval a Post-Closure Care Plan, shall obtain Department approval
of the Plan, and shall conduct post-closure care in accordance with the Plan:
(3-24-22)
i. Unless the Department determines
otherwise, the Post-Closure Care Plan shall contain: (3-24-22)
(1) The name and address of an agent
authorized to accept communications or service during the post-closure period.
The name may be changed during the post-closure period by providing the
Department with twenty (20) days advance written notice of the change;
(3-24-22)
(2) Provisions to
maintain the integrity and effectiveness of the final cover;
(3-24-22)
(3) Provisions to
continue to maintain and operate the systems required in the operating plan,
including: run-on/run-off control systems, leachate collection and control
systems, groundwater monitoring systems, and gas monitoring systems;
(3-24-22)
(4) Provisions to
maintain appropriate security of the closed facility; (3-24-22)
(5) Provisions for routine facility
inspections by the owner and operator to insure compliance with the
Post-Closure Care Plan; and (3-24-22)
(6) A description of the planned use(s) of
the property during the post-closure care period. (3-24-22)
ii. Post-closure care for the NMSWLF shall be
conducted for a minimum of five (5) years, but not more than thirty (30) years,
as necessary to protect human health and the environment. (3-24-22)
iii. Post-Closure Standards and Inspection.
Post-closure use or operation of the site shall not disturb any final cover,
liner or other component of the containment system in a manner that will
increase the potential to threaten human health or the environment.
(3-24-22)
iv. The approved
Post-Closure Care Plan shall be maintained and available for review on request
by the Department. (3-24-22)
v. The
requirements in Subsection
013.07 shall apply to owners and
operators and their successors and assigns.
(3-24-22)