Current through Register Vol. 43, No. 52, December 26, 2024
(a) Upon ceasing
to receive waste, the unit shall be covered by a final cover consisting of a
low permeability layer overlaid by a final protective layer constructed in
accordance with the requirements of this regulation.
(b) Not later than 30 days after placement of
the final lift of solid waste, closure activities shall begin, except as
provided in subsection (c) of this regulation.
(c) The deadline for construction of the
final cover may be extended by the director if:
(1) the unit has remaining capacity and there
is a reasonable likelihood that the MSWLF unit will receive additional wastes;
(2) leachate is to be recirculated
for a period after final receipt of waste in accordance with provisions in
K.A.R. 28-29-104(i)(6); or
(3) the
owner or operator demonstrates to the department that initiation of closure
will, of necessity, take longer than 30 days.
(d) For any unit receiving an extension of
the closure deadline as provided in subsection (c), it may be required by the
director that the owner or operator comply with some or all of the provisions
for intermediate cover in K.A.R. 28-29-108(c).
(e) For each MSWLF receiving waste after
October 9, 1993, the low permeability layer shall consist of one of the
following:
(1) a geomembrane underlaid by
0.45 meters (18 inches) of compacted soil with a permeability of 1 * 10-5
centimeters per second or less if geomembrane is used in the bottom liner
system; or
(2) the lesser of:
(i) 0.45 meters (18 inches) of compacted soil
with a permeability less than or equal to the bottom liner system or natural
subsoils; or
(ii) 0.45 meters (18
inches) of compacted soil with a permeability of 1 * 10-5 centimeters per
second or less.
(f) If a geomembrane is used in the low
permeability layer, it shall be constructed in accordance with the following
standards.
(1) The geomembrane shall have
strength to withstand the normal stresses imposed by the waste stabilization
process.
(2) The geomembrane shall
be placed over a prepared base free from sharp objects and other materials that
may cause damage.
(3) The effects
of landfill gas below the geomembrane shall be addressed.
(4) The effect of drainage through the final
protective cover onto the geomembrane shall be addressed.
(g) The final protective layer shall be
constructed in accordance with the following standards.
(1) The final protective layer shall cover
the entire low permeability layer.
(2) The thickness of the final protective
layer shall be at least as thick as the frost penetration depth at the landfill
site and shall minimize root penetration of the low permeability layer.
(3) The final protective layer
shall consist of soil material capable of supporting vegetation.
(h) The final protective layer
shall be placed as soon as possible after placement of the low permeability
layer to prevent desiccation, cracking, freezing or other damage to the low
permeability layer.
(i) The owner
or operator shall prepare a written closure plan that describes the steps
necessary to close each MSWLF unit at any point during its active life in
accordance with the cover design requirements. The closure plan, at a minimum,
shall include the following information:
(1)
plans for the final contours, type and depth of cover material, landscaping,
and access control;
(2) an
estimate of the largest area of the MSWLF unit ever requiring a final cover at
any time during the active life;
(3) an estimate of the maximum inventory of
wastes ever on-site over the active life of the MSWLF facility;
(4) final surface water drainage patterns and
run-off retention basins;
(5)
plans for the construction of liners, leachate collection and treatment
systems, gas migration barriers or other gas controls;
(6) cross-sections of the site that delineate
the disposal or storage locations of wastes. The cross-sections shall depict
liners, leachate collection systems, the waste cover, and other applicable
details;
(7) removal of all solid
wastes from processing facilities; and
(8) a schedule for completing all closure
activities.
(j) The
closure plan shall be prepared not later than the effective date of this part,
or by the initial receipt of waste, whichever is later, and shall be submitted
to the department.
(k) A minimum
of 60 days prior to beginning closure of each MSWLF unit, an owner or operator
shall notify the department of the intent to close a unit.
(l) The owner or operator shall complete
closure activities of each unit in accordance with the closure plan within 180
days following the beginning of closure. Extensions of the closure period may
be granted by the director if the owner or operator demonstrates that:
(i) closure will, of necessity, take longer
than 180 days; and
(ii) all steps
have been taken and will continue to be taken to prevent threats to human
health and the environment from the unclosed unit.
(m) Following closure of each MSWLF unit, the
owner or operator shall submit a certification to the department. The
certification shall be signed by an independent registered professional
engineer, or approved by the director, and shall verify that closure has been
completed in accordance with the closure plan.
(n) Following closure of all MSWLF units in a
facility, the owner or operator shall perform the following tasks.
(1) The owner or operator shall file a
restrictive covenant with the office of register of deeds for the county in
which the property is located, pursuant to the requirements of K.A.R. 28-29-20.
The restrictive covenant shall, in perpetuity, notify any potential purchaser
of the property that:
(A) the property has
been used as a MSWLF; and
(B) the
use of the property is subject to the restrictions of the post-closure plan in
subsection (p) of this regulation.
(2) The owner or operator shall notify the
director that a restrictive covenant has been recorded pursuant to the
requirements of paragraph (1) of this subsection.
(o) The owner or operator may request
permission from the director to remove the restrictive covenant if all wastes
are removed from the facility.
(p)
Post-closure care requirements.
(1) Following
closure of each MSWLF unit, the owner or operator shall conduct post-closure
care. Post-closure care shall be conducted for 30 years, except as provided
under paragraph (2) of this subsection, and shall consist of at least the
following activities:
(A) maintaining the
integrity and effectiveness of any final cover, including making repairs to the
cover as necessary to correct the effects of settlement, subsidence, erosion,
or other events, and preventing run-on and run-off from eroding or otherwise
damaging the final cover;
(B)
maintaining and operating the leachate collection system, pursuant to K.A.R.
28-29-104(h);
(C) monitoring the
groundwater in accordance with the requirements of K.A.R. 28-29-113 and
maintaining the groundwater monitoring system, if applicable; and
(D) maintaining and operating the gas
monitoring system in accordance with the requirements of K.A.R. 28-29-108(e).
(2) The length of the
post-closure care period may be increased by the director if the director
determines that the lengthened period is necessary to protect human health and
the environment.
(3) The owner or
operator of each MSWLF unit must prepare a written post-closure plan that
includes, at a minimum, the following information:
(A) plans for the post-closure operation and
maintenance of liners, leachate and gas collection and treatment systems, cover
material, run-off, retention basins, landscaping, and access control;
(B) plans for monitoring and
surveillance activities during post-closure;
(C) name, address, and telephone number of
the person or office to contact about the facility during the post-closure
period; and
(D) a description of
the planned uses of the property during the post-closure period.
(i) Post-closure use of the property shall
not disturb the integrity of the final cover, liner or liners, or any other
components of the containment system, or the function of the monitoring systems
unless necessary to comply with the requirements in this regulation.
(ii) If the owner or operator demonstrates
that disturbance of the final cover, liner or other component of the
containment system, including any removal of waste, will not increase the
potential threat to human health or the environment, the disturbance may be
approved by the director.
(4) The owner or operator shall prepare a
post-closure plan not later than the effective date of this regulation, or by
the initial receipt of waste, whichever is later, and submit it to the
director.
(5) Following completion
of the post-closure care period for each MSWLF unit, the owner or operator
shall submit a certification to the director. The certification shall be signed
by an independent registered professional engineer, or approved by the
director, and must verify that post-closure care has been completed in
accordance with the post-closure plan.
