Current through Register Vol. 38, No. 18, March 15, 2024
(a) Purpose. This Rule shall establish
criteria for the closure of all C&DLF units and subsequent requirements for
post-closure compliance. The owner and operator shall develop specific plans
for the closure and post-closure of the C&DLF facility or units that comply
with this Rule and submit them to the Division for review and
approval.
(b) Scope.
(1) This Rule shall establish standards for
the scheduling and documenting of closure of all C&DLF units and design of
the cap system. Construction requirements for the cap system shall incorporate
requirements from Rules .0540 and .0541 of this Section.
(2) This Rule shall establish standards for
the monitoring and maintenance of the C&DLF unit(s) following
closure.
(c) Closure
criteria.
(1) A C&DLF unit shall have a
cap system installed that shall be designed and constructed to:
(A) have a permeability less than or equal to
soils underlying the landfill, or the permeability specified for the final
cover in the effective permit, or a permeability no greater than 1.0 x
10-5 cm/sec, whichever is less;
(B) minimize infiltration through the closed
C&DLF unit by the use of a low-permeability barrier that contains a minimum
18 inches of earthen material; and
(C) minimize erosion of the cap system and
protect the low-permeability barrier from root penetration by use of an erosion
layer that contains no less than 18 inches of earthen material that is capable
of sustaining native plant growth.
(2) Construction of the cap system for all
C&DLF units shall conform to the plans prepared in accordance with Rules
.0539 and .0541 of this Section and the following requirements:
(A) post-settlement surface slopes shall be a
minimum of five percent and a maximum of 25 percent; and
(B) a gas venting or collection system shall
be installed below the low-permeability barrier to minimize pressures exerted
on the barrier.
(3) The
owner or operator may submit a request for an alternative cap system or
alternative post-settlement slopes in the closure and post-closure care plan
required to be submitted by Rule .0535 of this Section. The request shall
include a demonstration of the following:
(A)
the alternative cap system will achieve a reduction in infiltration equivalent
to or greater than the low-permeability barrier specified in Subparagraph (1)
of this Paragraph;
(B) the erosion
layer will provide protection equivalent to or greater than the erosion layer
specified in Subparagraph (1) of this Paragraph; and
(C) the alternative post-settlement slopes
will be stable, encourage runoff, be safe to operate, and be safe to construct
during operation and closure activities.
(4) Prior to beginning closure of each
C&DLF unit as specified in Subparagraph (5) of this Paragraph, an owner or
operator shall notify the Division in writing that a notice of the intent to
close the unit has been placed in the operating record.
(5) The owner or operator shall begin closure
activities for that portion of each C&DLF unit meeting one or more of the
following requirements, unless an extension has been granted by the Division:
(A) no later than 30 days after the date on
which the C&DLF unit receives the known final receipt of wastes;
(B) no later than 30 days after the date that
a 10 acre or greater area of waste is within 15 feet of final design grades;
or
(C) no later than one year after
the most recent receipt of wastes, if the C&DLF unit has remaining
capacity.
Extensions beyond the deadline for beginning closure may be
granted by the Division if the owner or operator demonstrates that the portion
of the C&DLF unit has the capacity to receive additional wastes and the
owner or operator has and will continue to prevent threats to human health and
the environment from the unclosed C&DLF unit.
(6) The owner and operator of all C&DLF
units shall complete closure activities of each C&DLF unit in accordance
with the closure plan within 180 days following the beginning of closure as
specified in Subparagraph (5) of this Paragraph. Extensions of the closure
period may be granted by the Division if the owner or operator demonstrates
that closure will, of necessity, take longer than 180 days and they have and
will continue to prevent threats to human health and the environment from the
unclosed C&DLF unit.
(7)
Following closure of each C&DLF unit, the owner or operator shall notify
the Division that a certification, signed by the project engineer verifying
that closure has been completed in accordance with the closure plan, has been
placed in the operating record.
(8)
Recordation. Following closure of all C&DLF units, the owner or operator
shall record a notice for the landfill facility property at the local county
Register of Deeds office; and notify the Division that the notice has been
recorded and a copy has been placed in the operating record. The notice may be
a notation on the deed to the landfill facility property, or may be some other
instrument such as a declaration of restrictions on the property that is
discoverable during a title search for the landfill facility property. The
notice shall notify any potential purchaser of the property that the land has
been used as a landfill facility and future use is restricted under the closure
plan approved by the Division. The owner or operator may request approval from
the Division to remove the notice. The Division shall approve removal of the
notice if all wastes are removed from the landfill facility property.
(d) Closure plan contents. The
owner and operator shall prepare a written closure plan that describes the
steps necessary to close all C&DLF units at any point during their active
life in accordance with the cap system requirements in Paragraph (c) of this
Rule. The closure plan shall include the following information:
(1) a description of the cap system and the
methods and procedures to be used to install the cap that conforms to the
requirements set forth in Paragraph (c) of this Rule;
(2) an estimate of the largest area of the
C&DLF unit requiring the specified cap system at any time during the active
life that is consistent with the drawings prepared for the operation plan for
an existing C&DLF unit, or the engineering plan or facility plan for a
lateral expansion or new C&DLF unit;
(3) an estimate of the maximum inventory of
wastes on-site over the active life of the landfill facility;
(4) a schedule for completing all activities
necessary to satisfy the closure criteria set forth in Paragraph (c) of this
Rule; and
(5) the cost estimate for
closure activities as required under Section .1800 of this
Subchapter.
(e)
Post-closure criteria.
(1) Following closure
of each C&DLF unit, the owner and operator shall conduct post-closure care.
Post-closure care shall be conducted for 30 years, except as provided under
Subparagraph (2) of this Paragraph, and consist of the following:
(A) maintaining the integrity and
effectiveness of any cap system including making repairs to the cover as
necessary to correct the effects of settlement, subsidence, erosion, or other
events, and preventing rainwater that drains over land from or onto any part of
the facility or unit from eroding or damaging the cap system;
(B) monitoring the surface water and
groundwater in accordance with the requirements of Rules .0544 and .0545 of
this Section and maintaining the groundwater monitoring system;
(C) maintaining and operating the gas
monitoring system in accordance with the requirements of Rule .0544 of this
Section; and
(D) maintaining,
operating, and decommissioning the leachate collection system, if present, in
accordance with the requirements of Rule .0544 of this Section. The owner and
operator may submit a request to stop managing leachate in writing to the
Division. The request shall include a demonstration with supporting
documentation that the operation and maintenance of leachate management systems
during the active life, closure, and any post-closure care period of the
C&DLF unit complied with the permit including the plans incorporated into
the permit, the rules of this Subchapter, and
15A NCAC
02B and 02L; and that the current and
projected volume of leachate generated and the results of leachate sample
analysis during the post-closure care period indicate that the leachate no
longer poses a threat to human health and the environment. The demonstration
shall also include the certifications required by Subparagraph (3) of this
Paragraph. The Division shall consider the information required to be submitted
in the demonstration and the owner or operator's compliance history to make a
determination on approval of the request.
(2) The length of the post-closure care
period may be:
(A) decreased by the Division
if the owner or operator demonstrates that the reduced period is protective of
human health and the environment and this demonstration is approved by the
Division; or
(B) increased by the
Division if the Division determines that the lengthened period is necessary to
protect human health and the environment.
(3) Every five years during the post-closure
care period and following completion of the post-closure care period for each
C&DLF unit, the owner or operator shall notify the Division that a
certification verifying that post-closure care has been conducted in accordance
with the post-closure plan, has been placed in the operating record. If
required by G.S. 89C, the certification shall be signed by a licensed
professional engineer.
(f) Post-closure plan contents. The owner and
operator of all C&DLF units shall submit a written post-closure plan to the
Division that includes the following information:
(1) a description of the monitoring and
maintenance activities required for each C&DLF unit, and the frequency at
which these activities shall be performed;
(2) name, address, and telephone number of
the person or office responsible for the facility during the post-closure
period;
(3) a description of the
planned uses of the property during the post-closure period. Post-closure use
of the property shall not disturb the integrity of the cap system, base liner
system, or any other components of the containment system, or the function of
the monitoring systems unless necessary to comply with the requirements in
Rules .0531 through .0546 of this Section. The owner or operator may submit a
request in writing to the Division for a disturbance. The request shall include
a demonstration that disturbance of the cap system, base liner system, or other
component of the containment system, including any removal of waste, will not
increase the potential for fires, vector attraction, damage to these systems,
or the release of dust, odors, waste, or leachate to the environment;
and
(4) the cost estimate for
post-closure activities required under Section .1800 of this
Subchapter.
Authority
G.S.
130A-294;
Eff. January 1,
2007;
Readopted Eff. September 16,
2021.