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 132-4-006 - Post-closure criteria

Universal Citation: 132 NE Admin Rules and Regs ch 4 ยง 006

Current through March 20, 2024

The owners or operators of all fossil fuel combustion ash disposal areas shall provide for post-closure care for a period of five (5) years.

006.01 Post-closure care shall include, at a minimum, the performance and recording of each of the following activities in the operating record:

006.01A Annual inspection and maintenance of the cover to ensure integrity and effectiveness, including making repairs to the cover as necessary to correct the effects of settlement, subsidence, erosion, or other events, and preventing run-on and runoff from eroding or otherwise damaging the final cover;

006.01B Annual inspection and maintenance of access control structures and posted signs;

006.01C Maintenance and operation of any existing leachate collection system;

006.01D Maintenance and semiannual sampling and testing of any existing groundwater monitoring well systems. Results of testing shall be reported to the Department, and placed in the operating record; and

006.01E Maintenance and operation of any other environmental control features which are included in the design and operation of the fossil fuel combustion ash disposal area or required by the Department to protect human health and the environment.

006.02 Owners or operators of fossil fuel combustion ash disposal areas accepting waste after October 1, 1993, shall submit a post-closure plan to the Department for approval. This post-closure plan and any revisions shall be placed in the operating record, with copies of any such revisions forwarded to the Department.

006.03 Post-closure plans required pursuant to 006.02 shall include annual maintenance and monitoring activities to be performed at a fossil fuel combustion ash disposal area for the specified post-closure period after the approved completion of closure. The length of the post-closure period may be increased, if the Department determines that the lengthened period is necessary to protect human health and the environment. The length of the post-closure period may be reduced, if the Department determines that the reduced period is sufficient to protect human health and the environment.

006.04 A detailed written post-closure plan shall include, at a minimum, the following information:

006.04A A description of the monitoring and maintenance activities required in 006.01 for each fossil fuel combustion ash disposal area and the frequency at which these activities will be performed;

006.04B Name, address, and telephone number of the person or office to contact about the closed fossil fuel combustion ash disposal area during the post-closure period;

006.04C A description of the planned uses of the property during the post-closure period and a description of the period of time during which access to the facility will be controlled. Post-closure use of the property shall not disturb the integrity of the final cover, liner, or any other components of the containment system, or the function of the monitoring systems.

006.05 The owner or operator shall begin implementing the post-closure plan required in Section 006.02 immediately after final closure of the solid waste disposal area is completed and continue implementing the plan over the entire post-closure period.

006.06 Following the post-closure period of each fossil fuel combustion ash disposal area, the owner or operator shall submit a certification to the Department signed by a professional engineer registered in the State of Nebraska verifying that post-closure care has been completed in accordance with the approved post-closure plan.

Disclaimer: These regulations may not be the most recent version. Nebraska may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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