Current through Register Vol. 41, No. 3, September 23, 2024
The closure of all sanitary, CDD and industrial landfills
shall be governed by the standards set forth in this section.
A. Closure purpose. The owner or operator
shall close the landfill in a manner that minimizes the need for further
maintenance and provides for the protection of human health and the
environment. Closure shall eliminate the postclosure escape of uncontrolled
leachate or of waste decomposition products to the groundwater or surface water
to the extent necessary to protect human health and the environment. Closure
shall also control and/or minimize surface runoff and the escape of waste
decomposition products to the atmosphere.
B. Closure plan and modification of plan.
1. The owner or operator of a solid waste
disposal facility shall have a written closure plan. This plan shall identify
the steps necessary to completely close the landfill at the time when the
operation will be the most extensive and at the end of its intended life. The
closure plan shall include, at least:
a. A
schedule for final closure that shall include, as a minimum, the anticipated
date when wastes will no longer be received, the date when completion of final
closure is anticipated, and intervening milestone dates that will allow
tracking of the progress of closure.
b. An estimate of waste disposed onsite over
the active life of the landfill;
c.
An estimate of the largest area ever requiring a final cover as required at any
time during the active life;
d.
Description of Final Cover System design in accordance with subsection D of
this section;
e. Description of
storm water management to include design, construction, and maintenance
controls;
f. Closure cost estimate
for purpose of financial assurance.
2. The owner or operator may amend the
closure plan at any time during the active life of the landfill. The owner or
operator shall so amend his plan any time changes in operating plans or
landfill design affect the closure plan. The amended closure plan shall be
placed in the operating record and a copy provided to the department.
3. Closure plans and amended closure plans
not previously approved by the director shall be submitted to the department at
least 180 days before the date the owner or operator expects to begin
construction activities related to closure. The director will approve or
disapprove the plan within 90 days of receipt.
4. If the owner or operator intends to use an
alternate final cover design, he shall submit a proposed design meeting the
requirements of subdivision D 2 f of this section to the department at least
180 days before the date he expects to begin closure. The department will
approve or disapprove the plan within 90 days of receipt.
5. At least 180 days prior to beginning
closure of each solid waste disposal unit, the owner or operator shall notify
the department and the solid waste planning unit of the intent to
close.
C. Time allowed
for closure.
1. The owner or operator shall
begin closure activities of each unit no later than 30 days after the date on
which the unit receives the known final receipt of wastes or, if the unit has
remaining capacity and there is a reasonable likelihood that the unit will
receive additional wastes, no later than one year after the most recent receipt
of wastes. Extensions beyond the one-year deadline for beginning closure may be
granted by the director if the owner or operator demonstrates that the unit has
the capacity to receive additional wastes and the owner or operator has taken
and will continue to take all steps necessary to prevent threats to human
health and the environment from the unclosed unit.
2. The owner or operator shall complete
closure activities of each unit in accordance with the closure plan and within
six months after receiving the final volume of wastes. The director may approve
a longer closure period if the owner or operator can demonstrate that the
required or planned closure activities will, of necessity, take longer than six
months to complete; and that he has taken all steps to eliminate any
significant threat to human health and the environment from the unclosed but
inactive landfill.
D.
Closure implementation.
1. The owner or
operator shall close each unit with a final cover as specified in subdivision 2
of this subsection, grade the fill area to prevent ponding, and provide a
suitable vegetative cover. Vegetation shall be deemed properly established when
there are no large areas void of vegetation and it is sufficient to control
erosion.
2. Final cover system.
a. The owner or operator shall install a
final cover system that is designed to achieve the performance requirements of
this section.
b. Owners or
operators of CDD landfill units used for the disposal of wastes consisting only
of stumps, wood, brush, and leaves from landclearing operations may apply two
feet of compacted soil as final cover material in lieu of the final cover
system specified in this section. The provisions of this section shall not be
applicable to any landfill with respect to which the director has made a
finding that continued operation of the landfill constitutes a threat to the
public health or the environment.
c. The final cover system shall be designed
and constructed to:
(1) Minimize infiltration
through the closed disposal unit by the use of an infiltration layer that is
constructed of at least 18 inches of earthen material; and which has a
hydraulic conductivity less than or equal to the hydraulic conductivity of any
bottom liner system or natural subsoils present, or a hydraulic conductivity no
greater than 1x10-5 cm/sec, whichever is less;
and
(2) Minimize erosion of the
final cover by the use of an erosion layer that contains a minimum of six
inches of earthen material that is capable of sustaining native plant growth,
and provide for protection of the infiltration layer from the effects of
erosion, frost, and wind.
d. The owner or operator of a sanitary
landfill may choose to use this alternate final cover system, which shall
consist of at least the following components:
(1) An 18-inch soil infiltration layer with a
hydraulic conductivity no greater than 1x10-5 cm/sec
or a geosynthetic clay liner installed over the intermediate cover;
(2) A barrier layer consisting of a
geosynthetic membrane having a minimum thickness of 40-mils;
(3) A protective cover layer for protection
of the infiltration layer from the effects of erosion, frost, and wind, and
consisting of a minimum of 18 inches of soil; and
(4) A vegetative support layer that contains
a minimum of six inches of earthen material that is capable of sustaining
native plant growth.
e.
The owner or operator of a CDD or industrial landfill may choose to use this
alternate final cover system, which shall consist of at least the following
components:
(1) A barrier layer consisting of
a geosynthetic clay liner or a geosynthetic membrane having a minimum thickness
of 40 mils;
(2) A protective cover
layer for protection of the infiltration layer from the effects of erosion,
frost, and wind, and consisting of a minimum of 18 inches of soil;
and
(3) A vegetative support layer
that contains a minimum of six inches of earthen material that is capable of
sustaining native plant growth.
f. The director may approve an alternate
final cover design that includes:
(1) An
infiltration layer that achieves an equivalent reduction in infiltration as the
infiltration layer specified in subdivision 2 c (1) of this subsection;
and
(2) A minimum 24-inch erosion
layer that is capable of sustaining native plant growth and provide for
protection of the infiltration layer from the effects of erosion, frost, and
wind.
3.
Finished side slopes shall be stable and be configured to adequately control
erosion and runoff. Slopes of 33% will be allowed provided that adequate runoff
controls are established. Steeper slopes may be considered if supported by
necessary stability calculations and appropriate erosion and runoff control
features. All finished slopes and runoff management facilities shall be
supported by necessary calculations and included in the design manual. To
prevent ponding of water, the top slope shall be at least 2.0% after allowance
for settlement.
4. Following
construction of the final cover system for each unit, the owner or operator
shall submit to the department a certification, signed by a professional
engineer verifying that closure has been completed in accordance with the
closure plan requirements of this part. This certification shall include the
results of the CQA/QC requirements under
9VAC20-81-130 Q 1 b (6).
5. Following the closure of all units the
owner or operator shall:
a. Post one sign at
the entrance of the landfill notifying all persons of the closing, and the
prohibition against further receipt of waste materials. Further, suitable
barriers shall be installed at former accesses to prevent new waste from being
deposited.
b. Within 90 days after
closure is completed, submit to the local land recording authority a survey
plat prepared by a professional land surveyor registered by the Commonwealth or
a person qualified in accordance with Title 54.1 of the Code of Virginia
indicating the location and dimensions of landfills. Groundwater monitoring
well and landfill gas monitoring probe locations shall be included and
identified by the number on the survey plat. The plat filed with the local land
recording authority shall contain a note, prominently displayed, which states
the owner's or operator's future obligation to restrict disturbance of the site
as specified.
c. Record a notation
on the deed to the landfill property, or on some other instrument which is
normally examined during title searches, notifying any potential purchaser of
the property that the land has been used to manage solid waste and its use is
restricted under
9VAC20-81-170 A 2 c. A copy of the
deed notation as recorded shall be submitted to the department.
d. Submit to the department a certification,
signed by a professional engineer, verifying that closure has been completed in
accordance with the requirements of subdivisions 5 a, b, and c of this
subsection and the landfill closure plan.
6. The department shall inspect all solid
waste management facilities at the time of closure to confirm that the closing
is complete and adequate. It shall notify the owner or operator of a closed
landfill, in writing, if the closure is satisfactory, and shall require any
construction or such other steps necessary to bring unsatisfactory sites into
compliance with these regulations. Notification by the department that the
closure is satisfactory does not relieve the owner or operator of
responsibility for corrective action to prevent or abate problems caused by the
landfill.
§ 10.1-1402 of the Code of Virginia; 42 USC §
6941 et seq.; 40 CFR Part 258.