Nebraska Administrative Code
Topic - ENVIRONMENT AND ENERGY
Title 132 - NEBRASKA DEPARTMENT OF ENVIRONMENTAL QUALITY
Chapter 4 - CRITERIA FOR FOSSIL FUEL COMBUSTION ASH DISPOSAL AREAS
Section 132-4-005 - Closure criteria

Universal Citation: 132 NE Admin Rules and Regs ch 4 ยง 005

Current through March 20, 2024

Owners or operators of fossil fuel combustion ash disposal areas shall close according to the approved closure plan, and shall install the final cover within six (6) months of the last receipt of waste.

005.01 Owners or operators of fossil fuel combustion ash disposal areas shall close in the following manner:

005.01A The final cover shall consist of at least two (2) feet of earthen material capable of sustaining adequate vegetative cover.

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

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

005.01D 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 The requirements of this section apply to all fossil fuel combustion ash disposal areas. 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:

005.02A The existence of a closed fossil fuel combustion ash disposal area on the property;

005.02B The type, depth and location of the fossil fuel combustion ash on the property, as well as the existence of any monitoring systems; and

005.02C 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.

005.03 The owner or operator of a fossil fuel combustion ash 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.

005.04 The owner or operator of a fossil fuel combustion ash disposal area shall begin implementation of the closure plan required in 005.09 of this rule within thirty (30) days after the date on which the permitted facility receives the final volume of waste. 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.

005.05 The owner or operator of a fossil fuel combustion ash 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 fossil fuel combustion ash disposal area.

005.06 Following the closure of a fossil fuel combustion ash 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.

005.07 Owners or operators shall not implement modifications to the design or operation of a fossil fuel combustion ash disposal area which results in modifications to the closure plan without prior approval of the Department.

005.08 No person shall excavate, disturb the final cover, or remove any deposited materials from any closed fossil fuel combustion ash 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:

005.08A An operational plan identifying the planned activities and the area involved;

005.08B A survey identifying the lines and grades defining the limits of the proposed excavation both vertically and horizontally;

005.08C Estimated number of cubic yards and type of material to be excavated;

005.08D Location where excavated material is to be deposited;

005.08E Type of equipment to be used to transport material;

005.08F Estimated time required for excavation and disposal procedure; and

005.08G Provisions for closing the excavated or disturbed area.

005.09 Closure Plan

Owners or operators of fossil fuel combustion ash disposal areas shall prepare and submit a written closure plan that describes the steps necessary to close the fossil fuel combustion ash 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 Section 005 of this Chapter, and the following:

005.09A A description of the final cover designed in accordance with the methods and procedures to be used to install the cover;

005.09B A description of the types and sources of final cover material to be used;

005.09C 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;

005.09D An estimate of the maximum inventory of wastes ever on-site over the active life of the solid waste disposal area;

005.09E A schedule for the completion of all activities necessary to satisfy the closure criteria; and

005.09F Installation of any or all of the following, as required by the Department and not already present at the site: leachate collection systems and/or groundwater monitoring wells.

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