Current through Register Vol. 48, No. 38, September 20, 2024
a)
The final slopes and contours must be designed to complement and blend with the
surrounding topography of the proposed final land use of the area.
b) All drainage ways and swales must be
designed to safely pass the runoff from the 100-year, 24-hour precipitation
event without scouring or erosion.
c) The final configuration of the facility
must be designed in a manner that minimizes the need for further
maintenance.
d) Written Closure
Plan
1) The operator must maintain a written
plan describing all actions that the operator will undertake to close the unit
or facility in a manner that fulfills the provisions of the Act, of this Part
and of other applicable Parts of 35 Ill. Adm. Code: Chapter I. The written
closure plan must fulfill the minimum information requirements of 35 Ill. Adm.
Code
812.114.
2) A modification of the written closure plan
must constitute a significant modification of the permit for the purposes of 35
Ill. Adm. Code 813.Subpart B.
3) In
addition to the informational requirements of subsection 811.100(d)(1), an
owner or operator of a MSWLF unit must include the following information in the
written closure plan:
A) An estimate of the
largest area of the MSWLF unit ever requiring a final cover, as required by
Section
811.314, at
any time during the active life; and
B) An estimate of the maximum inventory of
wastes ever on-site over the active life of the landfill facility.
BOARD NOTE: Subsection 811.110(d)(3) is derived from
40 CFR 258.60(c)(1) and
(c)(2) (2017).
e) Beginning Closure
1) The owner or operator of a MSWLF unit must
begin closure activities for each MSWLF unit no later than the date determined
as follows:
A) 30 days after the date on
which the MSWLF unit receives the final receipt of wastes; or
B) If the MSWLF unit has remaining capacity
and there is a reasonable likelihood that the MSWLF unit will receive
additional wastes, no later than one year after the most recent receipt of
wastes.
2) The Agency
must grant extensions beyond this one year deadline for beginning closure if
the owner or operator demonstrates that:
A)
The MSWLF unit has the capacity to receive additional wastes; and
B) The owner or operator has taken and will
continue to take all steps necessary to prevent threats to human health and the
environment from the unclosed MSWLF unit.
BOARD NOTE: Subsection (e) is derived from
40 CFR
258.60(f)
(2017).
f) The owner or operator of a MSWLF unit must
complete closure activities for each unit in accordance with closure plan no
later than the dates determined as follows:
1) Within 180 days of beginning closure, as
specified in subsection (e).
2) The
Agency must grant extension of the closure period if the owner or operator
demonstrates that:
A) The closure will, of
necessity, take longer than 180 days; and
B) The owner or operator has taken and will
continue to take all necessary steps to prevent threats to human health and the
environment from the unclosed MSWLF unit.
BOARD NOTE: Subsection (f) is derived from
40 CFR
258.60(g)
(2017).
g) Deed Notation
1) Following closure of all MSWLF units at a
site, the owner or operator must record a notation on the deed to the landfill
facility property or some other instrument that is normally examined during
title search. The owner or operator must place a copy of the instrument in the
operating record, and must notify the Agency that the notation has been
recorded and a copy has been placed in the operating record.
2) The notation on the deed or other
instrument must be made in such a way that in perpetuity notify any potential
purchaser of the property that:
A) The land
has been used as a landfill facility; and
B) Its use is restricted pursuant to Section
811.111(d).
BOARD NOTE: Subsection (g) is derived from
40 CFR
258.60(i)
(2017).
h) The Agency must allow the owner or
operator of a MSWLF unit to remove the notation from the deed only if the owner
or operator demonstrates to the Agency that all wastes are removed from the
facility.
BOARD NOTE: Subsection (h) is derived from
40 CFR
258.60(j) (2017).
