Current through Register Vol. 63, No. 3, March 1, 2024
(1) Closure Permit:
(a) At least 5 years prior to anticipated
final closure of a non-municipal land disposal site, the person holding the
disposal site permit shall apply to renew the permit to cover the period of
time remaining for site operations, closure of the site, and all or part of the
time that active post-closure site maintenance is required by the Department.
This last permit issued before final closure of the landfill is scheduled to
occur shall be called a "closure permit;"
(b) The person who holds or last held the
non-municipal land disposal site permit, or, if that person fails to comply,
then the person owning or controlling a non-municipal land disposal site that
is closed and no longer receiving solid waste after January 1, 1980, must
continue or renew the disposal site permit after the site is closed for the
duration of the period in which the Department continues to actively supervise
the site, even though solid waste is no longer received at the site.
(2) Applications for closure
permits must include but are not limited to:
(a) A Final Engineered Site Closure Plan
prepared in accordance with OAR
340-095-0060.
In lieu of requiring the Final Engineered Site Closure Plan as a part of the
application for a closure permit, the Department may specify a date in the
closure permit for submission of the Final Engineered Site Closure
Plan;
(b) A Final Engineered
Post-closure Plan prepared in accordance with OAR
340-095-0065.
In lieu of requiring the Final Engineered Site Closure Plan as a part of the
application for a closure permit, the Department may specify a date in the
closure permit for submission of the Final Engineered Site Closure
Plan;
(c) If the permittee does not
own and control the property, a demonstration to the Department that the
permittee has access to the non-municipal land disposal site property after
closure to monitor and maintain the site and operate any environmental control
facilities;
(d) If any person other
than the permittee assumes any responsibility for any closure or post-closure
activities, that responsibility shall be evidenced by a written contract
between the permittee and each person assuming any responsibility.
(3) While a closure permit is in
effect, the permittee shall submit a report to the Department within 90 days of
the end of the permittee's fiscal year or as otherwise required in writing by
the Department, which contains but is not limited to:
(a) An evaluation of the approved closure or
post-closure plan as applicable discussing current status, unanticipated
occurrences, revised closure date projections, necessary changes,
etc.;
(b) A copy of the annual
update of financial assurance as required by OAR
340-095-0090(6)(d).
If the financial mechanism used is a trust fund, the permittee shall include an
evaluation of the financial assurance plan documenting an accounting of amounts
deposited and expenses drawn from the fund, as well as its current balance.
This evaluation must also assess the adequacy of the financial assurance and
justify any changes in the plan;
(c) Other information requested by the
Department to determine compliance with the rules of the Department.
(4) The Department shall terminate
closure permits for non-municipal land disposal sites not later than 30 years
after the site is closed unless the Department finds there is a need to protect
against a significant hazard or risk to public health or safety or the
environment.
(5) Any time after a
non-municipal land disposal site is closed, the permit holder may apply for a
termination of the permit, a release from one or more of the permit
requirements or termination of any applicable permit fee. Before the Department
grants a termination or release under this section, the permittee must
demonstrate and the Department must find that human health and the environment
will be protected and there is no longer a need for:
(a) Active supervision of the site;
(b) Maintenance of the site; or
(c) Maintenance or operation of any system or
facility on the site.
(6) The closure permit remains in effect and
is a binding obligation of the permittee until the Department terminates the
permit according to section (4) or (5) of this rule or upon issuance of a new
closure permit for the site to another person following receipt of a complete
and acceptable application.
Stat. Auth.: ORS 459.045,ORS 459.209,ORS 459.248,ORS
459.270,ORS 459.272 & ORS 468.020
Stats. Implemented:ORS
459.268