Nebraska Administrative Code
Topic - ENVIRONMENT AND ENERGY
Title 132 - NEBRASKA DEPARTMENT OF ENVIRONMENTAL QUALITY
Chapter 3 - CRITERIA FOR MUNICIPAL SOLID WASTE DISPOSAL AREAS, DELISTED WASTE DISPOSAL AREAS, INDUSTRIAL WASTE DISPOSAL AREAS and LAND APPLICATION UNITS FOR REPEATED DISPOSAL OR TREATMENT OF SPECIAL WASTES
Section 132-3-005 - Closure criteria

Universal Citation: 132 NE Admin Rules and Regs ch 3 § 005

Current through March 20, 2024

Owners or operators of solid waste disposal areas shall close according to the approved closure plan, and shall install the final cover within six months of the last receipt of waste.

005.01 Those solid waste disposal areas, receiving waste after October 1, 1993, shall close all areas which have not received final cover, in accordance with the requirements of sections 005.01A to 005.01E below.

005.01A A final cover system shall be installed which shall be comprised of an erosion layer underlain by an infiltration layer as follows:

005.01A1 The infiltration layer shall be comprised of a minimum of eighteen (18) inches of earthen material that has a permeability less than or equal to the permeability of the bottom liner system or natural subsoil present, or a permeability no greater than 1x10-5 centimeters per second, measured at the site, whichever is less; and

005.01A2 The erosion layer shall consist of a minimum of eighteen (18) inches of earthen material that is capable of sustaining adequate vegetative cover.

005.01B The applicant may request an alternate final cover design that includes:

005.01B1 An infiltration layer that achieves an equivalent reduction in infiltration as the infiltration layer specified in 005.01A1 of this chapter.

005.01B2 An erosion layer that provides equivalent protection from wind and water erosion as the erosion layer specified in 005.01A2 of this chapter.

005.01B3 The Director may establish alternative requirements for the infiltration barrier in accordance with Section 005.01B1 of this chapter, after public review and comment, for any owners or operators of municipal solid waste landfills (MSWLF's) that dispose of twenty (20) tons of municipal solid waste per day or less, based on an annual average. Any alternative requirements established under this section must:

005.01B3(a) Consider the unique characteristics of small communities;

005.01B3(b) Take into account climatic and hydrogeologic conditions; and

005.01B3(c) Be protective of human health and the environment.

005.01C Final surface grades and side slopes of the closed solid waste disposal area shall prevent run-on and runoff from eroding or otherwise damaging the final cover.

005.01D Appropriate vegetative cover shall be established and maintained as soon as practical after final grading.

005.01E Unauthorized public access, vehicular traffic, and illegal dumping shall be prevented by the use of artificial barriers, natural barriers, or both, along with signs prohibiting such access.

005.02 Owners or operators of a land application unit for repeated disposal or treatment of special waste shall close in accordance with the approved closure plan as described in section 005.11.

005.03 Within 90 days following the installation of the final cover system, the owner or operator shall record a permanent notation on the deed to the disposal area property, or some other permanent property record or instrument that is normally examined during the title search and shall provide documentation to the Department that such notation or instrument has been recorded in the permanent records of the county Register of Deeds. A copy of this record and documentation shall be placed in the operating record. This notation or instrument must, in perpetuity, notify any potential purchaser of the following information:

005.03A The existence of a closed solid waste disposal area on the property;

005.03B The type, depth and location of the waste on the property, as well as the existence of any monitoring systems; and

005.03C Any restrictions on the use of the property which may be provided to protect the integrity of the final cover, liner, monitoring systems or any other components of the containment system.

005.04 The owner or operator of a permitted solid waste disposal area shall notify the Department, in writing, at least 180 days prior to the date the owner or operator expects to begin closure. The owner or operator shall place a copy of this notice in the operating record.

005.05 The owner or operator of a solid waste disposal area shall begin implementation of the closure plan required in 005.10 and 005.11 of this rule within thirty (30) days after the date on which the facility receives the final volume of waste or, if the facility has remaining capacity and there is a reasonable likelihood that the facility will receive additional wastes, no later than one year after the most recent receipt of wastes.

005.05A The owner or operator shall notify the Department, in writing, of the date of the receipt of the final volume of waste, the date of the initiation of closure, and the date of the installation of the final cover system, as applicable. The owner or operator shall place copies of these notices in the operating record.

005.05B Extensions beyond the one-year deadline for beginning closure may be granted by the Director if the owner or operator demonstrates that the facility has the capacity to receive additional wastes and 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 solid waste disposal area.

005.06 The owner or operator of a solid waste disposal area shall complete closure activities in accordance with the closure plan within 180 days after the last receipt of waste. Extensions of the closure period may be granted by the Department if the owner or operator demonstrates that closure will, due to circumstances beyond the operator's control, take longer than 180 days and the owner or operator has taken, and will continue to take, all steps to prevent threats to human health and the environment from the unclosed solid waste disposal area.

005.07 Following the closure of a solid waste disposal area or any part of the area, the owner or operator shall submit Construction Quality Assurance documentation, a topographical survey showing final contours, and a certification to the Department signed by an independent professional engineer registered in the State of Nebraska verifying that closure has been completed in accordance with the approved closure plan. This closure documentation and certification shall also be placed in the operating record.

005.08 Owners or operators shall not implement modifications to the design or operation of a solid waste disposal area which results in modifications to the closure plan without prior approval of the Department.

005.09 No person shall excavate, disturb the final cover, or remove any deposited materials from any active or closed solid waste disposal area without having received prior approval from the Department. Requests for approval shall demonstrate 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 and the environment and shall include:

005.09A An operational plan identifying the planned activities and the area involved;

005.09B A survey identifying the lines and grades defining the limits of the proposed excavation both vertically and horizontally;

005.09C Estimated number of cubic yards and type of material to be excavated;

005.09D Location where excavated material is to be deposited;

005.09E Type of equipment to be used to transport material;

005.09F Estimated time required for excavation and disposal procedure; and

005.09G Provisions for closing the excavated or disturbed area.

005.10 Closure plan

Owners or operators of solid waste disposal areas shall prepare and submit a written closure plan that describes the steps necessary to close the solid waste disposal area in phases, or the entire area, whichever is applicable. This closure plan shall be part of the permit application. The closure plans shall include but not be limited to, a description of the methods of closure which comply with the requirements of 005 and the following:

005.10A A description of the final cover designed in accordance with the methods and procedures to be used to install the cover;

005.10B An estimate of the largest area of the solid waste disposal area ever requiring a final cover at any time during the active life of the solid waste disposal area;

005.10C An estimate of the maximum inventory of wastes ever on-site over the active life of the solid waste disposal area;

005.10D A schedule for the completion of all activities necessary to satisfy the closure criteria; and

005.10E Installation of any or all of the following, as required by the Department and not already present at the site: landfill gas control systems, leachate collection systems, and/or groundwater monitoring wells.

005.11 The owner or operator of a land application unit for repeated disposal or treatment of special waste shall prepare a written closure plan that describes the steps necessary to close the facility at any point during the active life of the facility. This closure plan and any revisions shall be placed in the operating record. The closure plans shall include, but are not limited to the following:

005.11A A description of the activities required to close the site in a manner protective of human health and the environment;

005.11B A description of the post-closure plans for the inactive site;

005.11C Methods or means for notifying facility users of the closure of the facility; and

005.11D A description of the location where all materials remaining at the site will be disposed, when applicable.

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