Code of Maine Rules
06 - DEPARTMENT OF ENVIRONMENTAL PROTECTION
096 - DEPARTMENT OF ENVIRONMENTAL PROTECTION - GENERAL
Chapter 851 - STANDARDS FOR GENERATORS OF HAZARDOUS WASTE
Section 096-851-11 - Closure

A. A generator, who no longer generates waste at a site, shall remove all hazardous waste and hazardous waste residues to a facility licensed to handle the waste. Remaining containers, tanks, liners, bases, materials, equipment, structures and soil containing or contaminated with hazardous waste or hazardous waste residues must be decontaminated or disposed of at a facility licensed to handle the waste, except as provided in Section 13(B) of this Chapter. A generator shall provide 45 days written notice to the Department prior to closure and shall submit to the Department, within 10 days of completion of closure, certification that closure was completed in accordance with the provisions of this Chapter. The certification must be made by the generator and by an independent State of Maine licensed professional engineer and must be submitted within ninety (90) days from the date when wastes were no longer generated at the site.

B. If a generator conducting closure of a tank system demonstrates that all contaminated soil cannot be practicably removed or decontaminated as required by Section 11(A) of this Chapter, then the generator shall close the tank system and perform post-closure care in accordance with the closure and post-closure requirements that apply to landfills under 06-096 C.M.R. ch. 855, § 9(H). In addition, for the purposes of closure, post-closure, and financial responsibility, such a tank system is then considered to be a landfill, and the generator shall meet all the requirements for landfills in 06-096 C.M.R. ch. 855, §§ 9(A)(15) and (9)(A)(16).

C. As part of the written notice prior to closure in Section 13(A) of this Chapter, the generator shall provide the Department with a detailed summary of all past or present releases of hazardous waste or constituents from tanks or containers used to accumulate hazardous waste under this Chapter. Based upon this summary, the frequency and nature of releases, whether the releases were addressed under a Department authorized remediation plan, and other available information, the Department may require the generator to prepare a closure plan for Department review and approval prior to the initiation of closure operations. The Department will notify the generator within 30 days of a properly filed closure notice if a closure plan will be required to be filed with the Department.

D. Change of site or installation ownership, or the vacating of the site by the generator shall constitute cessation of generation and shall initiate closure of all the units which will not continue to be used.

NOTE: Partial closures are required for those units that will not be used by a new owner or tenant.