Current through Register Vol. 41, No. 3, September 23, 2024
The closure of all compost facilities, solid waste transfer
stations, centralized waste treatment facilities, materials recovery
facilities, waste to energy and incineration facilities, and waste piles shall
be governed by the standards as set forth in this section:
1. The owner or operator shall close his
facility in a manner that minimizes the need for further maintenance, and
controls, minimizes, or eliminates, to the extent necessary to protect human
health and the environment, the postclosure escape of uncontrolled leachate,
surface runoff, or waste decomposition products to the groundwater, surface
water, or to the atmosphere.
a. At closure,
the owner or operator shall remove or decontaminate all waste residues,
contaminated containment system components (liners, etc.), contaminated
subsoils, and structures and equipment contaminated with waste and leachate.
For miscellaneous units, all waste, materials contaminated with waste
constituents, and treatment residue shall be removed and disposed in a
permitted facility.
b. If, after
removing or decontaminating all residues and making all reasonable efforts to
effect removal or decontamination of contaminated components, subsoils,
structures, and equipment as required in subdivision 1 a of this section, the
owner or operator finds that not all contaminated subsoils can be practicably
removed or decontaminated, he shall close the facility and perform postclosure
care in accordance with the closure and postclosure care requirements of Part
III (9VAC20-81-160 and
9VAC20-81-170, respectively). In
addition, for compost facilities, other corrective measures approved by the
department may be used to remediate the site.
2. Closure plan and modification of plan.
a. The owner or operator of any facility
shall have a written closure plan. This plan shall identify the steps necessary
to completely close the facility/unit at its full operation under the permit
conditions. The closure plan shall include, at least a schedule for final
closure including, 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. The owner or operator
may amend his closure plan at any time during the active life of the facility.
The owner or operator shall so amend his plan any time changes in operating
plans or facility design affects the closure plan. The amended closure plan
shall be placed in the operating record.
c. The owner or operator shall submit to the
department the amended closure plan that was placed in the operating
record.
d. At least 180 days prior
to beginning closure of each unit, the owner or operator shall notify the
department of the intent to close.
e. The owner or operator shall provide to the
department a certification from a professional engineer that the facility has
been closed in accordance with the closure plan.
3. Time allowed for closure.
a. The owner or operator shall complete
closure activities 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
facility.
b. The owner or operator
shall post one sign notifying all persons of the closing, and providing a
notice prohibiting further receipt of waste materials. The sign will remain in
place until closure activities are complete. Further, suitable barriers shall
be installed at former accesses to prevent new waste from being
delivered.
4.
Inspection. The department shall inspect all facilities at the time of closure
to confirm that the closing is complete and adequate. It shall notify the owner
of a closed facility, in writing, if the closure is satisfactory, and shall
require any necessary construction or such other steps as may be necessary to
bring unsatisfactory sites into compliance with this chapter.
Statutory Authority
§ 10.1-1402 of the Code of Virginia; 42 USC §
6941 et seq.; 40 CFR Part 258.
