Current through Register Vol. 63, No. 3, March 1, 2024
To comply with the financial assurance requirements of OAR
340-095-0090(1)(b):
(1) Two types of written post-closure plans
shall be prepared:
(a) A "conceptual"
post-closure plan; and subsequently
(b) A Final Engineered Post-closure Plan as
required by OAR
340-095-0050(2)(b).
When prepared, this shall include all requirements of and replace the
"conceptual" post-closure plan.
(2) Schedule for preparation of post-closure
plans:
(a) The "conceptual" post-closure plan
shall be placed in the facility operations office or other location approved by
the Department and the Director shall be notified of that action no later than
April 9, 1995 or by the initial receipt of waste, whichever is later;
(b) The Final Engineered Post-closure Plan
shall be prepared in conjunction with and submitted to the Department together
with the Final Engineered Site Closure Plan required by OAR
340-095-0050(2)(b).
(3) Requirements for post-closure
plans. Post-closure plans shall identify the post-closure activities which will
be carried on to properly monitor and maintain the closed non-municipal land
disposal site:
(a) Requirements for the
"conceptual" post-closure plan shall consist of at least the following:
(A) Maintaining the integrity and
effectiveness of any final cover;
(B) Maintaining and operating the leachate
collection system, if required pursuant to OAR
340-095-0020(5);
(C) Monitoring the groundwater, if required
pursuant to OAR
340-095-0040;
(D) Maintaining and operating the gas
monitoring system if required pursuant to OAR
340-095-0020(9);
(E) Monitoring and providing security for the
landfill site; and
(F) Description
of the planned uses of the property during the post-closure care
period.
(b) Requirements
for the Final Engineered Post-closure Plan. In addition to the requirements for
the "conceptual" post-closure plan, the Final Engineered Post-closure Plan
shall consist of at least the following elements:
(A) Detailed plans and specifications
consistent with the applicable requirements of OAR
340-093-0140
and
340-095-0030(2),
unless an exemption is granted as provided in OAR
340-093-0070(5);
NOTE:If some of this information has been
previously submitted, the permittee shall review and update it to reflect
current conditions and any proposed changes in closure or post-closure
activities.
(B) Details of
how leachate discharges will be minimized and controlled and treated if
necessary;
(C) Details of any
landfill gas control facilities, their operation and frequency of
monitoring;
(D) A schedule of
monitoring the site after closure;
(E) A projected frequency of anticipated
inspection and maintenance activities at the site after closure, including but
not limited to repairing, recovering and regrading settlement areas, cleaning
out surface water diversion ditches, and re-establishing vegetation;
and
(F) Any other information
requested by the Department necessary to determine whether the disposal site
will comply with all applicable rules of the Department.
(c) Department approval. The Final Engineered
Post-closure Plan is subject to written approval by the Department. After
approval by the Department, the permittee shall implement the Final Engineered
Post-closure Plan within the approved time schedule;
(d) Amendment. The approved Final Engineered
Post-closure Plan may be amended at any time as follows:
(A) The permittee must amend the Plan
whenever changes in operating plans or facility design, or changes in OAR
Chapter 340 Divisions 93 through 97, or events which occur during the active
life of the landfill or during the post-closure care period, significantly
affect the Plan. The permittee must submit the necessary plan amendments to the
Department for approval within 60 days after such changes or as otherwise
required by the Department;
(B) The
permittee may request to amend the Plan to alter the post-closure care
requirements, or to extend or reduce the post-closure care period based on
cause. The request must include evidence demonstrating to the satisfaction of
the Department that:
(i) The nature of the
landfill makes the post-closure care requirements unnecessary; or
(ii) The nature of the landfill supports
reduction of the post-closure care period; or
(iii) The requested extension in the
post-closure care period or alteration of post-closure care requirements is
necessary to prevent threat of adverse impact on public health, safety or the
environment.
(C) The
Department may amend a permit to require the permittee to modify the Plan if it
is necessary to prevent the threat of adverse impact on public health, safety
or the environment. Also, the Department may extend or reduce the post-closure
care period or alter the post-closure care requirements based on
cause.
Stat. Auth.:ORS 459.045,ORS 459A.025 &ORS 468.020
Stats. Implemented:ORS 459.268 &ORS
459.270