Current through Register Vol. 48, No. 38, September 20, 2024
a) Written Plan. The owner or operator of a
hazardous waste disposal unit must have a written post-closure care plan. In
addition, certain surface impoundments and waste piles from which the owner or
operator intends to remove or decontaminate the hazardous wastes at partial or
final closure are required by Sections
724.328(c)(1)(B)
and
724.358(c)(1)(B)
to have contingent post-closure care plans. Owners or operators of surface
impoundments and waste piles not otherwise required to prepare contingent
post-closure care plans under Sections
724.328(c)(1)(B)
or
724.358(c)(1)(B)
must submit a post-closure care plan to the Agency within 90 days from the date
that the owner or operator or Agency determines that the hazardous waste
management unit must be closed as a landfill, subject to the requirements of
Sections
724.217
through
724.220.
The plan must be submitted with the permit application, in accordance with 35
Ill. Adm. Code
703.183, and
approved by the Agency as part of the permit issuance proceeding under 35 Ill.
Adm. Code 705. In accordance with 35 Ill. Adm. Code
703.241,
the approved post-closure care plan will become a condition of any RCRA permit
issued.
b) For each hazardous waste
management unit subject to the requirements of this Section, the post-closure
care plan must identify the activities that will be carried on after closure
and the frequency of these activities, and include at least the following:
1) A description of the planned monitoring
activities and frequencies that they will be performed to comply with Subparts
F, K, L, M, N, and X during the post-closure care period.
2) A description of the planned maintenance
activities, and frequencies at which they will be performed, to ensure the
following:
A) 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; and
B) The function of the facility monitoring
equipment in accordance with the requirements of Subparts F, K, L, M, N, and
X.
3) The name, address,
and phone number of the person or office to contact about the hazardous
disposal unit during the post-closure care period.
4) For a facility where alternative
requirements are established at a regulated unit under Section
724.190(f),
724.210(c),
or
724.240(d),
as provided under 35 Ill. Adm. Code
703.161,
either the alternative requirements that apply to the regulated unit, or a
reference to the enforceable document containing those
requirements.
c) Until
final closure of the facility, a copy of the approved post-closure care plan
must be furnished to the Agency upon request, including request by mail. After
final closure has been certified, the person or office specified in subsection
(b)(3) must keep the approved post-closure care plan during the remainder of
the post-closure care 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 care plan in accordance with the applicable requirements of 35
Ill. Adm. Code 703 and 705. The written notification or request must include a
copy of the amended post-closure care plan for review or approval by the
Agency.
1) The owner or operator may submit a
written notification or request to the Agency for a permit modification to
amend the post-closure care 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 care plan whenever any of the following
occurs:
A) Changes in operating plans or
facility design affect the post-closure care plan;
B) There is a change in the expected year of
closure if applicable;
C) Events
occur during the active life of the facility, including partial and final
closures, that affect the approved post-closure care plan; or
D) The owner or operator requests
establishment of alternative requirements to a regulated unit under Section
724.190(f),
724.210(c),
or
724.240(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 that has affected the post-closure care 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 care plan under Sections
724.328(c)(1)(B)
or
724.358(c)(1)(B)
must submit a post-closure care plan to the Agency no later than 90 days after
the date that the owner or operator or Agency determines that the hazardous
waste management unit must be closed as a landfill, subject to the requirements
of Section
724.410.
The Agency must approve, disapprove, or modify this plan in accordance with the
procedure in 35 Ill. Adm. Code 703 and 705. In accordance with 35 Ill. Adm.
Code 703.241, the approved post-closure care plan will become a permit
condition.
4) The Agency may
request modifications to the plan under the conditions described in subsection
(d)(2). The owner or operator must submit the modified plan no later than 60
days after the 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 care plan. Any modifications requested by the Agency must be
approved, disapproved, or modified in accordance with the procedure in 35 Ill.
Adm. Code 703 and 705.
