Current through Register Vol. 63, No. 3, March 1, 2024
Each permittee of a non-municipal land disposal site that
closes after January 1, 1980 shall comply with this rule.
(1) When solid waste is no longer received at
a non-municipal land disposal site, the person who holds or last held the
permit issued underORS 459.205 or, if the person who holds or last held the
permit fails to comply with this section, the person owning or controlling the
property on which the disposal site is located, shall close and maintain the
site according to the requirements of ORS Chapter 459, all applicable rules
adopted by the Commission underORS 459.045 and all requirements imposed by the
Department as a condition to renewing or issuing a non-municipal land disposal
site permit.
(2) Unless otherwise
approved or required in writing by the Department, no person shall permanently
close or abandon a non-municipal land disposal site, except in the following
manner:
(a) All areas containing solid waste
not already closed in a manner approved by the Department shall be covered with
at least three feet of compacted soil of a type approved by the Department
graded to a minimum two percent and maximum 30 percent slope unless the
Department authorizes a lesser depth or an alternative final cover design. In
applying this standard, the Department will consider the potential for adverse
impact from the disposal site on public health, safety or the environment, and
the ability for the permittee to generate the funds necessary to comply with
this standard before the disposal site closes. A permittee may request that the
Department approve a lesser depth of cover material or an alternative final
cover design based on the type of waste, climate, geological setting, degree of
environmental impact;
(b) Final
cover material shall be applied to each portion of a landfill within 60 days
after said portion reaches approved maximum fill elevation, except in the event
of inclement weather, in which case final cover shall be applied as soon as
practicable;
(c) The finished
surface of the closed areas shall consist of soils of a type or types
consistent with the planned future use and approved by the Department. Unless
otherwise approved by the Department, a vegetative cover of native grasses
shall be promptly established over the finished surface of the closed
site;
(d) All surface water must be
diverted around the area of the non-municipal land disposal site used for waste
disposal or in some other way prevented from contacting the waste
material;
(e) All systems required
by the Department to control or contain discharges to the environment must be
completed and operational.
(3) Closure of non-municipal land disposal
sites shall be in accordance with the detailed Final Engineered Site Closure
Plan approved in writing by the Department pursuant to OAR
340-095-0060.
(4) Closure approval:
(a) When closure is completed, the permittee
shall submit a written request to the Department for approval of the
closure;
(b) Within 30 days of
receipt of a written request for closure approval, the Department shall inspect
the facility to verify that closure has been effected in accordance with the
approved closure plan and the provisions of OAR Chapter 340, Divisions 93 and
95;
(c) If the Department
determines that closure has been properly completed, the Department shall
approve the closure in writing. Closure shall not be considered complete until
such approval has been made. The date of approval notice shall be the date of
commencement of the post-closure period.
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
