Code of Massachusetts Regulations
310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION
Title 310 CMR 19.000 - Solid Waste Management
Part II - LANDFILL DESIGN AND OPERATIONAL STANDARDS
Section 19.143 - Post-closure Use of Landfills
Universal Citation: 310 CMR 19.000 MA Code of Regs 19.143
Current through Register 1531, September 27, 2024
(1) Applicability. Pursuant to M.G.L. c. 111, § 150A no site on which a facility was operated shall be used for any other purpose without:
(a) a written approval for any
post-closure use on a landfill's final cover or affecting an appurtenance to a
landfill, including but not limited to appurtenances required for the
management of leachate, landfill gas and stormwater; or
(b) a presumptive approval in accordance with
310 CMR
19.034 for any other type of post-closure use
at a landfill facility.
(2) Submission of Post-closure Use Plans. Any person proposing to use a landfill for any purpose following closure of a facility shall submit plans for the post-closure use to the Department for review.
(3) Criteria for Approval of Post-closure Use. Any post-closure use of a landfill shall be accomplished such that:
(a) the final contours of the landfill are
not altered, unless the Department determines:
1. the disturbance is necessary to the
proposed use and that it will not result in an adverse impact to public health,
safety or the environment; or
2.
the disturbance is necessary to reduce threats to public health, safety or the
environment;
(b) the
integrity of the final cover, the components of any containment system and the
function of the facility's monitoring systems are not impaired:
(c) drainage facilities, ponds, swales,
ditches and other erosion/sedimentation controls are maintained.
(4) Post-closure Construction. Construction during the post-closure phase shall be accomplished in accordance with the following:
(a) buildings shall be above-grade
structures. Any penetration of the landfill final cover shall be designed and
constructed to ensure that the integrity of the final cover is maintained.
Construction of basements which penetrate the low permeability layer is
prohibited;
(b) buildings shall be
constructed to prevent accumulation of gas within the structure. Buildings
shall include gas monitoring and warning systems and may be required to include
an active gas venting system; and
(c) all utility connections shall be designed
and constructed with flexible connections.
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