Current through Bulletin 2024-06, March 15, 2024
(a) Applicability.
(1) Except as provided by either Subsection
R315-319-104(a)(2) or (3), Section R315-319-104 applies to the owners or
operators of CCR landfills, CCR surface impoundments, and all lateral
expansions of CCR units that are subject to the closure criteria under Section
R315-319-102.
(2) An owner or
operator of a CCR unit that elects to close a CCR unit by removing CCR as
provided by Subsection R315-319-102(c) is not subject to the post-closure care
criteria under Section R315-319-104.
(3) An owner or operator of an inactive CCR
surface impoundment that elects to close a CCR unit pursuant to the
requirements under Subsection R315-319-100(b) is not subject to the
post-closure care criteria under Section R315-319-104.
(b) Post-closure care maintenance
requirements. Following closure of the CCR unit, the owner or operator shall
conduct post-closure care for the CCR unit, which shall consist of at least the
following:
(1) Maintaining the integrity and
effectiveness of the final cover system, including making repairs to the final
cover as necessary to correct the effects of settlement, subsidence, erosion,
or other events, and preventing run-on and run-off from eroding or otherwise
damaging the final cover;
(2) If
the CCR unit is subject to the design criteria under Section R315-319-70,
maintaining the integrity and effectiveness of the leachate collection and
removal system and operating the leachate collection and removal system in
accordance with the requirements of Section R315-319-70; and
(3) Maintaining the groundwater monitoring
system and monitoring the groundwater in accordance with the requirements of
Sections R315-319-90 through 98.
(c) Post-closure care period.
(1) Except as provided by Subsection
R315-319-104(c)(2), the owner or operator of the CCR unit shall conduct
post-closure care for 30 years.
(2)
If at the end of the post-closure care period the owner or operator of the CCR
unit is operating under assessment monitoring in accordance with Section
R315-319-95, the owner or operator shall continue to conduct post-closure care
until the owner or operator returns to detection monitoring in accordance with
Section R315-319-95.
(d)
Written post-closure plan
(1) Content of the
plan. The owner or operator of a CCR unit shall prepare a written post-closure
plan and any amendments to the plan. The plan shall include, at a minimum, the
information specified in Subsections R315-319-104(d)(1)(i) through (iii).
(i) A description of the monitoring and
maintenance activities required in Subsection R315-319-104(b) for the CCR unit,
and the frequency at which these activities will be performed;
(ii) The name, address, telephone number, and
email address of the person or office to contact about the facility during the
post-closure care period; and
(iii)
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
final cover, liner(s), or any other component of the containment system, or the
function of the monitoring systems unless necessary to comply with the
requirements in Sections R315-319-50 through 107. Any other disturbance is
allowed if the owner or operator of the CCR unit demonstrates that disturbance
of the final cover, liner, or other component of the containment system,
including any removal of CCR, will not increase the potential threat to human
health or the environment. The demonstration shall be certified by a qualified
professional engineer, and notification shall be provided to the Director that
the demonstration has been placed in the operating record and on the owners or
operator's publicly accessible Internet site.
(2) Deadline to prepare the initial written
post-closure plan
(i) Existing CCR landfills
and existing CCR surface impoundments. No later than October 17, 2016, the
owner or operator of the CCR unit shall prepare an initial written post-closure
plan consistent with the requirements specified in Subsection
R315-319-104(d)(1).
(ii) New CCR
landfills, new CCR surface impoundments, and any lateral expansion of a CCR
unit. No later than the date of the initial receipt of CCR in the CCR unit, the
owner or operator shall prepare an initial written post-closure plan consistent
with the requirements specified in Subsection R315-319-104(d)(1).
(iii) The owner or operator has completed the
written post-closure plan when the plan, including the certification required
by Subsection R315-319-104(d)(4), has been placed in the facility's operating
record as required by Subsection R315-319-105(i)(4).
(3) Amendment of a written post-closure plan.
(i) The owner or operator may amend the
initial or any subsequent written post-closure plan developed pursuant to
Subsection R315-319-104(d)(1) at any time.
(ii) The owner or operator shall amend the
written closure plan whenever:
(A) There is a
change in the operation of the CCR unit that would substantially affect the
written post-closure plan in effect; or
(B) After post-closure activities have
commenced, unanticipated events necessitate a revision of the written
post-closure plan.
(iii)
The owner or operator shall amend the written post-closure plan at least 60
days prior to a planned change in the operation of the facility or CCR unit, or
no later than 60 days after an unanticipated event requires the need to revise
an existing written post-closure plan. If a written post-closure plan is
revised after post-closure activities have commenced for a CCR unit, the owner
or operator shall amend the written post-closure plan no later than 30 days
following the triggering event.
(4) The owner or operator of the CCR unit
shall obtain a written certification from a qualified professional engineer
that the initial and any amendment of the written post-closure plan meets the
requirements of Section R315-319-104.
(e) Notification of completion of
post-closure care period. No later than 60 days following the completion of the
post-closure care period, the owner or operator of the CCR unit shall prepare a
notification verifying that post-closure care has been completed. The
notification shall include the certification by a qualified professional
engineer verifying that post-closure care has been completed in accordance with
the closure plan specified in Subsection R315-319-104(d) and the requirements
of Section R315-319-104. The owner or operator has completed the notification
when it has been placed in the facility's operating record as required by
Subsection R315-319-105(i)(13).
(f)
The owner or operator of the CCR unit shall comply with the recordkeeping
requirements specified in Subsection R315-319-105(i), the notification
requirements specified in Subsection R315-319-106(i), and the Internet
requirements specified in Subsection R315-319-107(i).