Current through Register Vol. 24-06, March 15, 2024
(1)
Applicability.
(a) Subsections (2) through
(6) of this section, (which concern closure), apply to the owners and operators
of all dangerous waste facilities.
(b) Subsections (7) through (11) of this
section, (which concern post-closure care), apply to the owners and operators
of all regulated units (as defined in WAC
173-303-040 ) at
which dangerous waste will remain after closure, to tank systems that are
required under WAC
173-303-640(8)
to meet the requirements of landfills, to surface impoundments, waste piles,
and miscellaneous units as specified in WAC
173-303-650(6),
173-303-660(9),
and
173-303-680(4),
respectively; to containment buildings that are required under
40 C.F.R.
264.1102 (incorporated by reference at WAC
173-303-695
) to meet the requirements for landfills; and, unless otherwise authorized by
the department, to the owners and operators of all facilities which, at
closure, cannot meet the removal or decontamination limits specified in
subsection (2)(b) of this section.
(c) Owners and operators of off-site
recycling facilities subject to WAC
173-303-120(3)
or (4), and off-site used oil processors
subject to regulation under WAC
173-303-515(9)
are subject to:
(i) WAC 173-303-610(2)
Closure performance standard; and
(ii) WAC 173-303-610(12) Off-site recycling
and used oil processor closure plans.
(d) For the purposes of the closure and
post-closure requirements, any portion of a facility which closes is subject to
the applicable closure and post-closure standards even if the rest of the
facility does not close and continues to operate.
(e) Except for subsection (2)(a) of this
section, the director may, in an enforceable document, replace all or part of
the requirements of this section and the unit-specific requirements referenced
in subsection (2)(b) of this section with alternative requirements when they
deter-mine:
(i) A dangerous waste unit is
situated among other solid waste management units or areas of concern, a
release has occurred, and both the dangerous waste unit and one or more of the
solid waste management units or areas of concern are likely to have contributed
to the release; and
(ii) It is not
necessary to apply the requirements of this section (or the unit-specific
requirements referenced in subsection (2)(b) of this section) because the
alternative requirements will protect human health and the
environment.
(2) Closure performance standard. The owner
or operator must close the facility in a manner that:
(a)
(i)
Minimizes the need for further maintenance;
(ii) Controls, minimizes or eliminates to the
extent necessary to protect human health and the environment, post-closure
escape of dangerous waste, dangerous constituents, leachate, contaminated
runoff, or dangerous waste decomposition products to the ground, surface water,
groundwater, or the atmosphere; and
(iii) Returns the land to the appearance and
use of surrounding land areas to the degree possible given the nature of the
previous dangerous waste activity.
(b) Where the closure requirements of this
section, or of WAC
173-303-630(10),
173-303-640(8),
173-303-650(6),
173-303-655(6),
173-303-655(8),
173-303-660(9),
173-303-665(6),
173-303-670(8),
173-303-680(2) through
(4), or
40 C.F.R.
264.1102 (incorporated by reference at WAC
173-303-695
) call for the removal or decontamination of dangerous wastes, waste residues,
or equipment, bases, liners, soils or other materials containing or
contaminated with dangerous wastes or waste residue, then such removal or
decontamination must assure that the levels of dangerous waste or dangerous
waste constituents or residues do not exceed:
(i) For soils, groundwater, surface water,
and air, the numeric cleanup levels calculated using unrestricted use exposure
assumptions according to the Model Toxics Control Act Regulations, chapter
173-340 WAC as of the effective date or hereafter amended. Primarily, these
will be numeric cleanup levels calculated according to MTCA Method B, although
MTCA Method A may be used as appropriate, see WAC
173-340-700
through
173-340-760,
excluding WAC
173-340-745;
and
(ii) For all structures,
equipment, bases, liners, etc., clean closure standards will be set by the
department on a case-by-case basis in accordance with the closure performance
standards of WAC 173-303-610(2)(a)(ii) and in a manner that minimizes or
eliminates post-closure escape of dangerous waste
constituents.
(3) Closure plan; amendment of plan.
(a) The owner or operator of a dangerous
waste management facility must have a written closure plan. In addition,
certain surface impoundments and waste piles from which the owner or operator
intends to remove or decontaminate the dangerous waste at partial or final
closure are required by WAC
173-303-650(6)
and
173-303-660(9)
to have contingent closure plans. The plan must be submitted with the permit
application, in accordance with WAC
173-303-806(4),
and approved by the department as part of the permit issuance procedures under
WAC
173-303-840.
The approved closure plan will become a condition of any permit. The
department's decision must assure that the approved closure plan is consistent
with subsections (2), (3), (4), (5), and (6) of this section, and the
applicable requirements of WAC
173-303-630(10),
173-303-640(8),
173-303-645,
173-303-650(6),
173-303-655(8),
173-303-660(9),
173-303-665(6),
173-303-670(8),
173-303-680(2),
and
40 C.F.R.
264.1102 (incorporated by reference at WAC
173-303-695
). A copy of the approved plan and all revisions to the plan must be furnished
to the department upon request, including request by mail until final closure
is completed and certified in accordance with subsection (6) of this section.
The plan must identify steps necessary to perform partial and/or final closure
of the facility at any point during its active life. The closure plan must
include at least:
(i) A description of how
each dangerous waste management unit at the facility will be closed in
accordance with subsection (2) of this section;
(ii) A description of how final closure of
the facility will be conducted in accordance with subsection (2) of this
section. The description must identify the maximum extent of the operation
which will be unclosed during the active life of the facility;
(iii) An estimate of the maximum inventory of
dangerous wastes ever on-site over the active life of the facility. (Any change
in this estimate is a Class 1 modification with prior approval under WAC
173-303-830(4)
);
(iv) A detailed description of
the methods to be used during partial closures and final closure, including,
but not limited to, methods for removing, transporting, treating, storing, or
disposing of all dangerous wastes, and identification of the type(s) of the
off-site dangerous waste management units to be used, if applicable;
(v) A detailed description of the steps
needed to remove or decontaminate all dangerous waste residues and contaminated
containment system components, equipment, structures, and soils during partial
and final closure, including, but not limited to, procedures for cleaning
equipment and removing contaminated soils, methods for sampling and testing
surrounding soils, and criteria for determining the extent of decontamination
required to satisfy the closure performance standard;
(vi) A detailed description of other
activities necessary during the closure period to ensure that all partial
closures and final closure satisfy the closure performance standards,
including, but not limited to, groundwater monitoring, leach-ate collection,
and run-on and runoff control;
(vii) A schedule for closure of each
dangerous waste management unit and for final closure of the facility. The
schedule must include, at a minimum, the total time required to close each
dangerous waste management unit and the time required for intervening closure
activities which will allow tracking of the progress of partial and final
closure. (For example, in the case of a landfill unit, estimates of the time
required to treat or dispose of all dangerous waste inventory and of the time
required to place a final cover must be included.); and
(viii) For facilities that use trust funds to
establish financial assurance under WAC
173-303-620(4) or
(6) and that are expected to close prior to
the expiration of the permit, an estimate of the expected year of final
closure.
(ix) For facilities where
the director has applied alternative requirements under subsection (1)(e) of
this section, WAC
173-303-645(1)
(f), or
173-303-620(1)(d),
the closure plan must include either the alternative requirements or a
reference to the enforceable document that contains the alternative
requirements.
(b) The
owner or operator must submit a written notification of or request for a permit
modification to authorize a change in operating plans, facility design, or the
approved closure plan in accordance with the applicable procedures in WAC
173-303-800
through
173-303-840.
The written notification or request must include a copy of the amended closure
plan for review or approval by the department.
(i) The owner or operator may submit a
written notification or request to the department for a permit modification to
amend the closure plan at any time prior to the notification of partial or
final closure of the facility.
(ii)
The owner or operator must submit a written notification of or request for a
permit modification to authorize a change in the approved closure plan
whenever:
(A) Changes in operating plans or
facility design affect the closure plan; or
(B) There is a change in the expected year of
closure, if applicable; or
(C) In
conducting partial or final closure activities, unexpected events require a
modification of the approved closure plan; or
(D) The owner/operator requests the director
apply alternative requirements under subsection (1)(e) of this section, WAC
173-303-645(1)
(f), or
173-303-620(1)(d).
(iii) The owner or operator must submit a
written request for a permit modification including a copy of the amended
closure plan for approval at least sixty days prior to the proposed change in
facility design or operation, or no later than sixty days after an unexpected
event has occurred which has affected the closure plan. If an unexpected event
occurs during the partial or final closure period, the owner or operator must
request a permit modification no later than thirty days after the unexpected
event. An owner or operator of a surface impoundment or waste pile that intends
to remove all dangerous waste at closure and is not otherwise required to
prepare a contingent closure plan under WAC
173-303-650(6)
or
173-303-660(9),
must submit an amended closure plan to the department no later than sixty days
from the date that the owner or operator or department determines that the
dangerous waste management unit must be closed as a landfill, subject to the
requirements of WAC
173-303-665, or no
later than thirty days from that date if the determination is made during
partial or final closure. The department will approve, disapprove, or modify
this amended plan in accordance with the procedures in WAC
173-303-800
through
173-303-840.
The approved closure plan will become a condition of any permit
issued.
(iv) The department may
request modifications to the plan under the conditions described in (b)(ii) of
this subsection. The owner or operator must submit the modified plan within
sixty days of the department's request, or within thirty days if the change in
facility conditions occurs during partial or final closure. Any modifications
requested by the department will be approved in accordance with the procedures
in WAC
173-303-800
through
173-303-840.
(c) Notification of partial closure and final
closure.
(i) The owner or operator must notify
the department in writing at least sixty days prior to the date on which they
expect to begin closure of a surface impoundment, waste pile, land treatment,
or landfill unit, or final closure of a facility with such a unit. The owner or
operator must notify the department in writing at least forty-five days prior
to the date on which they expect to begin closure of a treatment or storage
tank, container storage, or incinerator unit, or final closure of a facility
with only such units.
(ii) The date
when they "expect to begin closure" must be either:
(A) No later than thirty days after the date
on which any dangerous waste management unit receives the known final volume of
dangerous wastes or, if there is a reasonable possibility that the dangerous
waste management unit will receive additional dangerous wastes, no later than
one year after the date on which the unit received the most recent volume of
dangerous waste. If the owner or operator of a dangerous waste management unit
can demonstrate to the department that the dangerous waste management unit or
facility has the capacity to receive additional dangerous wastes and they have
taken, and will continue to take, all steps to prevent threats to human health
and the environment, including compliance with all applicable permit
requirements, the department may approve an extension to this one-year limit;
or
(B) For units meeting the
requirements of subsection (4)(d) of this section, no later than thirty days
after the date on which the dangerous waste management unit receives the known
final volume of nondangerous wastes, or if there is a reasonable possibility
that the dangerous waste management unit will receive additional nondangerous
wastes, no later than one year after the date on which the unit received the
most recent volume of nondangerous wastes. If the owner or operator can
demonstrate to the department that the dangerous waste management unit has the
capacity to receive additional nondangerous wastes and they have taken, and
will continue to take, all steps to prevent threats to human health and the
environment, including compliance with all applicable permit requirements, the
department may approve an extension to this one-year limit.
(iii) If the facility's permit is
terminated, or if the facility is otherwise ordered, by judicial decree or
final order to cease receiving dangerous wastes or to close, then the
requirements of (c) of this subsection do not apply. However, the owner or
operator must close the facility in accordance with the deadlines established
in subsection (4) of this section.
(iv) Removal of wastes and decontamination or
dismantling of equipment. Nothing in this subsection will preclude the owner or
operator from removing dangerous wastes and decontaminating or dismantling
equipment in accordance with the approved partial or final closure plan at any
time before or after notification of partial or final closure.
(4) Closure; time
allowed for closure.
(a) Within ninety days
after receiving the final volume of dangerous wastes, or the final volume of
nondangerous wastes if the owner or operator complies with all applicable
requirements in (d) and (e) of this subsection, at a dangerous waste management
unit or facility, the owner or operator must treat, remove from the unit or
facility, or dispose of on site, all dangerous wastes in accordance with the
approved closure plan. The department may approve a longer period if the owner
or operator complies with all applicable requirements for requesting a
modification to the permit and demonstrates that they have taken and will
continue to take all steps to prevent threats to human health and the
environment, including compliance with all applicable permit requirements, and
either:
(i) The activities required to comply
with this paragraph will, of necessity, take longer than ninety days to
complete; or
(ii)
(A) The dangerous waste management unit or
facility has the capacity to receive additional dangerous wastes, or has the
capacity to receive nondangerous wastes if the owner or operator complies with
(d) and (e) of this subsection;
(B)
There is a reasonable likelihood that they or another person will recommence
operation of the dangerous waste management unit or the facility within one
year; and
(C) Closure of the
dangerous waste management unit or facility would be incompatible with
continued operation of the site.
(b) The owner or operator must complete
partial and final closure activities in accordance with the approved closure
plan and within one hundred eighty days after receiving the final volume of
dangerous wastes, or the final volume of nondangerous wastes if the owner or
operator complies with all applicable requirements in (d) and (e) of this
subsection, at the dangerous waste management unit or facility. The department
may approve an extension to the closure period if the owner or operator
complies with all applicable requirements for requesting a modification to the
permit and demonstrates that they have taken and will continue to take all
steps to prevent threats to human health and the environment from the unclosed
but not operating dangerous waste management unit or facility, including
compliance with all applicable permit requirements, and either:
(i) The partial or final closure activities
will, of necessity, take longer than one hundred eighty days to complete;
or
(ii)
(A) The dangerous waste management unit or
facility has the capacity to receive additional dangerous wastes, or has the
capacity to receive nondangerous wastes if the owner or operator complies with
(d) and (e) of this subsection;
(B)
There is reasonable likelihood that they or another person will recommence
operation of the dangerous waste management unit or the facility within one
year; and
(C) Closure of the
dangerous waste management unit or facility would be incompatible with
continued operation of the site.
(c) The demonstrations referred to in (a)(i)
and (ii) and (b)(i) and (ii) of this subsection must be made as follows: The
demonstrations in (a)(i) and (ii) of this subsection must be made at least
thirty days prior to the expiration of the specified ninety-day period; and the
demonstration in (b)(i) and (ii) of this subsection must be made at least
thirty days prior to the expiration of the specified one hundred eighty-day
period unless the owner or operator is otherwise subject to the deadlines in
(d) of this subsection.
(d) The
department may allow an owner or operator to receive only nondangerous wastes
in a landfill, land treatment, or surface impoundment unit after the final
receipt of dangerous wastes at that unit if:
(i) The owner or operator requests a permit
modification in compliance with all applicable requirements in WAC
173-303-830 and 40
C.F.R. Part 124 and in the permit modification request demonstrates that:
(A) The unit has the existing design capacity
as indicated on the part A application to receive nondangerous wastes;
and
(B) There is a reasonable
likelihood that the owner or operator or another person will receive
nondangerous wastes in the unit within one year after the final receipt of
dangerous wastes; and
(C) The
nondangerous wastes will not be incompatible with any remaining wastes in the
unit, or with the facility design and operating requirements of the unit or
facility under this part; and
(D)
Closure of the dangerous waste management unit would be incompatible with
continued operation of the unit or facility; and
(E) The owner or operator is operating and
will continue to operate in compliance with all applicable permit requirements;
and
(ii) The request to
modify the permit includes an amended wastes analysis plan, groundwater
monitoring and response program, human exposure assessment required under RCRA
section 3019, and closure and post-closure plan, and updated cost estimates and
demonstrations of financial assurance for closure and post-closure care as
necessary and appropriate, to reflect any changes due to the presence of
dangerous constituents in the nondangerous wastes, and changes in closure
activities, including the expected year of closure if applicable under
subsection (3)(a)(viii) of this section, as a result of the receipt of
nondangerous wastes following the final receipt of dangerous wastes;
and
(iii) The request to modify the
permit includes revisions, as necessary and appropriate, to affected conditions
of the permit to account for the receipt of nondangerous wastes following
receipt of the final volume of dangerous wastes; and
(iv) The request to modify the permit and the
demonstration referred to in (d)(i) and (ii) of this subsection are submitted
to the department no later than one hundred twenty days prior to the date on
which the owner or operator of the facility receives the known final volume of
dangerous wastes at the unit, or no later than ninety days after the effective
date of this rule in the state in which the unit is located, whichever is
later.
(e) In addition to
the requirements in (d) of this subsection, an owner or operator of a dangerous
wastes surface impoundment that is not in compliance with the liner and
leachate collection system requirements in 42 U.S.C. 3004(o)(1) and 3005(j)(1)
or 42 U.S.C. 3004 (o)(2) or (3) or 3005 (j)(2), (3), (4) or (13) must:
(i) Submit with the request to modify the
permit:
(A) A contingent corrective measures
plan, unless a corrective action plan has already been submitted under WAC
173-303-645(10);
and
(B) A plan for removing
dangerous wastes in compliance with (e)(ii) of this subsection;
and
(ii) Remove all
dangerous wastes from the unit by removing all dangerous liquids, and removing
all dangerous sludges to the extent practicable without impairing the integrity
of the liner(s), if any.
(iii)
Removal of dangerous wastes must be completed no later than ninety days after
the final receipt of dangerous wastes. The department may approve an extension
to this deadline if the owner or operator demonstrates that the removal of
dangerous wastes will, of necessity, take longer than the allotted period to
complete and that an extension will not pose a threat to human health and the
environment.
(iv) If a release that
is a statistically significant increase (or decrease in the case of pH) over
background values for detection monitoring parameters of constituents specified
in the permit or that exceeds the facility's groundwater protection standard at
the point of compliance, if applicable, is detected in accordance with the
requirements in WAC
173-303-645,
the owner or operator of the unit:
(A) Must
implement corrective measures in accordance with the approved contingent
corrective measures plan required by (e)(i) of this subsection no later than
one year after detection of the release, or approval of the contingent
corrective measures plan, whichever is later;
(B) May continue to receive wastes at the
unit following detection of the release only if the approved corrective
measures plan includes a demonstration that continued receipt of wastes will
not impede corrective action; and
(C) May be required by the department to
implement corrective measures in less than one year or to cease the receipt of
wastes until corrective measures have been implemented if necessary to protect
human health and the environment.
(v) During the period of corrective action,
the owner or operator must provide semiannual reports to the department that
describe the progress of the corrective action program, compile all groundwater
monitoring data, and evaluate the effect of the continued receipt of
nondangerous wastes on the effectiveness of the corrective action.
(vi) The department may require the owner or
operator to commence closure of the unit if the owner or operator fails to
implement corrective action measures in accordance with the approved contingent
corrective measures plan within one year as required in (e)(iv) of this
subsection, or fails to make substantial progress in implementing corrective
action and achieving the facility's groundwater protection standard or
background levels if the facility has not yet established a groundwater
protection standard.
(vii) If the
owner or operator fails to implement corrective measures as required in (e)(iv)
of this subsection or if the department determines that substantial progress
has not been made pursuant to (e)(vi) of this subsection the department will:
(A) Notify the owner or operator in writing
that the owner or operator must begin closure in accordance with the deadline
in (a) and (b) of this subsection and provide a detailed statement of reasons
for this determination; and
(B)
Provide the owner or operator and the public, through a newspaper notice, the
opportunity to submit written comments on the decision no later than twenty
days after the date of the notice.
(C) If the department receives no written
comments, the decision will become final five days after the close of the
comment period. The department will notify the owner or operator that the
decision is final, and that a revised closure plan, if necessary, must be
submitted within fifteen days of the final notice and that closure must begin
in accordance with the deadlines in (a) and (b) of this subsection.
(D) If the department receives written
comments on the decision, it will make a final decision within thirty days
after the end of the comment period, and provide the owner or operator in
writing and the public through a newspaper notice, a detailed statement of
reasons for the final decision. If the department determines that substantial
progress has not been made, closure must be initiated in accordance with the
deadlines in (a) and (b) of this subsection.
(E) The final determinations made by the
department under (e)(vii)(C) and (D) of this subsection are not subject to
administrative appeal.
(5) Disposal or decontamination of equipment,
structures and soils. During the partial and final closure periods, all
contaminated equipment, structures and soils must be properly disposed of or
decontaminated unless otherwise specified in WAC
173-303-640(8),
173-303-650(6),
173-303-655(8),
173-303-660(9),
173-303-665(6),
or under the authority of WAC
173-303-680(2) and
(4). By removing any dangerous wastes or
dangerous constituents during partial and final closure, the owner or operator
may become a generator of dangerous waste and must handle that waste in
accordance with all applicable requirements of WAC
173-303-170
through
173-303-230.
(6) Certification of closure. Within sixty
days of completion of closure of each dangerous waste management unit
(including tank systems and container storage areas), and within sixty days of
the completion of final closure, the owner or operator must submit to the
department by registered mail or other means that establish proof of receipt
(including applicable electronic means), a certification that the dangerous
waste management unit or facility, as applicable, has been closed in accordance
with the specifications in the approved closure plan. The certification must be
signed by the owner or operator and by an independent qualified registered
professional engineer. Documentation supporting the independent qualified
registered professional engineer's certification must be furnished to the
department upon request until it releases the owner or operator from the
financial assurance requirements for closure under WAC
173-303-620(4).
(7) Post-closure care and use of property.
(a) Post-closure care for each dangerous
waste management unit subject to post-closure requirements must begin after
completion of closure of the unit and continue for thirty years after that date
and must consist of at least the following:
(i) Groundwater monitoring and reporting as
required by WAC
173-303-645,
173-303-650,
173-303-655,
173-303-660,
173-303-665, and
173-303-680;
and
(ii) Maintenance and monitoring
of waste containment systems as applicable.
(b) Any time preceding partial closure of a
dangerous waste management unit subject to post-closure care requirements or
final closure, or any time during the post-closure period for a particular
unit, the department may, in accordance with the permit modification procedures
in WAC
173-303-800
through
173-303-840:
(i) Shorten the post-closure care period
applicable to the dangerous waste management unit, or facility, if all disposal
units have been closed, if it finds that the reduced period is sufficient to
protect human health and the environment (e.g., leachate or groundwater
monitoring results, characteristics of the dangerous waste, application of
advanced technology, or alternative disposal, treatment, or reuse techniques
indicate that the dangerous waste management unit or facility is secure);
or
(ii) Extend the post-closure
care period applicable to the dangerous waste management unit or facility if it
finds that the extended period is necessary to protect human health and the
environment (e.g., leachate or groundwater monitoring results indicate a
potential for migration of dangerous waste at levels which may be harmful to
human health and the environment).
(c) The department may require, at partial or
final closure, continuation of any of the security requirements of WAC
173-303-310 during part
or all of the post-closure period when:
(i)
Dangerous wastes may remain exposed after completion of partial or final
closure; or
(ii) Access by the
public or domestic livestock may pose a hazard to human
health.
(d) Post-closure
use of property on or in which dangerous wastes remain after partial or final
closure must never be allowed to disturb the integrity of the final cover,
liner(s), or any other components of any containment system, or the function of
the facility's monitoring systems, unless the department finds that the
disturbance:
(i) Is necessary to the proposed
use of the property, and will not increase the potential hazard to human health
or the environment; or
(ii) Is
necessary to reduce a threat to human health or the
environment.
(e) All
post-closure care activities must be in accordance with the provisions of the
approved post-closure plan as specified in subsection (8) of this
section.
(8) Post-closure
plan; amendment of plan.
(a) The owner or
operator of a dangerous waste disposal unit must have a written post-closure
plan. In addition, certain surface impoundments and certain piles from which
the owner or operator intends to remove or decontaminate the dangerous wastes
at partial or final closure are required by WAC
173-303-650
and
173-303-660,
respectively, to have written contingent post-closure plans. Owners or
operators of surface impoundments and waste piles not otherwise required to
prepare contingent post-closure plans under WAC
173-303-650
or
173-303-660 must
submit a post-closure plan to the department within ninety days from the date
that the owner or operator or department determines that the dangerous waste
management unit must be closed as a landfill, subject to the post-closure
requirements. The plan must be submitted with the permit application, in
accordance with WAC
173-303-806,
and approved by the department as part of the permit issuance procedures under
WAC
173-303-840.
The approved post-closure plan will become a condition of any permit
issued.
(b) For each dangerous
waste management unit subject to the requirements of this subsection, the
post-closure plan must identify the activities which will be carried on after
closure and the frequency of these activities, and include at least:
(i) A description of the planned groundwater
monitoring activities and frequencies at which they will be
performed;
(ii) A description of
the planned maintenance activities, and frequencies at which they will be
performed to comply with WAC
173-303-645,
173-303-650,
173-303-655,
173-303-660,
173-303-665, and
173-303-680
during the post-closure care period, to ensure:
(A) The integrity of the cap and final cover
or other containment structures in accordance with the requirements of
173-303-645, 173-303-650, 173-303-655, 173-303-660, 173-303-665, and
173-303-680; and
(B) The function
of the facility monitoring equipment;
(iii) The name, address, and phone number of
the person or office to contact about the dangerous waste disposal unit or
facility during the post-closure care period;
(iv) And, for facilities where the director
has applied alternative requirements under subsection (1) (e) of this section,
WAC
173-303-645(1)
(f) or
173-303-620(1)(d),
the post-closure plan must include either the alternative requirements or a
reference to the enforceable document that contains the alternative
requirements.
(c) Until
final closure of the facility, a copy of the approved post-closure plan must be
furnished to the department upon request, including request by mail. After
final closure has been certified, the person or office specified in (b)(iii) of
this subsection must keep the approved post-closure plan during the remainder
of the post-closure period.
(d)
Amendment of plan. The owner or operator must submit a written notification of
or request for a permit modification to authorize a change in the approved
post-closure plan in accordance with the applicable requirements of WAC
173-303-800
through
173-303-840.
The written notification or request must include a copy of the amended
post-closure plan for review or approval by the department.
(i) The owner or operator may submit a
written notification or request to the department for a permit modification to
amend the post-closure plan at any time during the active life of the facility
or during the post-closure care period.
(ii) The owner or operator must submit a
written notification of or request for a permit modification to authorize a
change in the approved post-closure plan whenever:
(A) Changes in operating plans or facility
design affect the approved post-closure plan; or
(B) There is a change in the expected year of
final closure, if applicable; or
(C) Events which occur during the active life
of the facility, including partial and final closures, affect the approved
post-closure plan; or
(D) The
owner/operator requests the director to apply alternative requirements under
subsection (1)(e) of this section, WAC
173-303-645(1)
(f), or
173-303-620(1)(d).
(iii) The owner or operator must submit a
written request for a permit modification at least sixty days prior to the
proposed change in facility design or operation, or no later than sixty days
after an unexpected event has occurred which has affected the post-closure
plan. An owner or operator of a surface impoundment or waste pile that intends
to remove all dangerous waste at closure and is not otherwise required to
submit a contingent post-closure plan under WAC
173-303-650
or
173-303-660 must
submit a post-closure plan to the department no later than ninety days after
the date that the owner or operator or department determines that the dangerous
waste management unit must be closed as a landfill, subject to the requirements
of WAC
173-303-665. The
department will approve, disapprove, or modify this plan in accordance with the
procedures in WAC
173-303-800
through
173-303-840.
The approved post-closure plan will become a permit condition.
(iv) The department may request modifications
to the plan under the conditions described in (d)(ii) of this subsection. The
owner or operator must submit the modified plan no later than sixty days after
the department's request, or no later than ninety days if the unit is a surface
impoundment or waste pile not previously required to prepare a contingent
post-closure plan. Any modifications requested by the department will be
approved, disapproved, or modified in accordance with the procedures in WAC
173-303-800
through
173-303-840.
(9) Notice to local land
authority. No later than the submission of the certification of closure of each
dangerous waste disposal unit, the owner or operator of a disposal facility
must submit to the local zoning authority or the authority with jurisdiction
over local land use and to the department a survey plat indicating the location
and dimensions of landfill cells or other dangerous waste disposal units with
respect to permanently surveyed benchmarks. This plat must be prepared and
certified by a professional land surveyor. The plat filed with the local zoning
authority or the authority with jurisdiction over local land use must contain a
note, prominently displayed, which states the owner's or operator's obligation
to restrict disturbance of the dangerous waste disposal unit in accordance with
the applicable requirements of this section. In addition, no later than sixty
days after certification of closure of each dangerous waste disposal unit, the
owner or operator must submit to the local zoning authority or the authority
with jurisdiction over local land use and to the department, a record of the
type, location, and quantity of dangerous wastes disposed of within each cell
or other disposal unit of the facility. For wastes disposed of before November
19, 1980 (March 12, 1982, for facilities subject to this chapter but not
subject to 40 C.F.R. Part 264), the owner or operator must identify the type,
location, and quantity of the dangerous wastes to the best of their knowledge
and in accordance with any records they have kept.
(10) Notice in deed to property.
(a) No later than sixty days after
certification of closure of each dangerous waste disposal unit, the owner or
operator must submit to the local zoning authority, or the authority with
jurisdiction over local land use, and to the department a record of the type,
location, and quantity of dangerous wastes disposed of within each cell or
other disposal unit of the facility. For hazardous wastes (as defined in WAC
173-303-040 )
disposed of before January 12, 1981, the owner or operator must identify the
type, location, and quantity of the dangerous wastes to the best of their
knowledge and in accordance with any records they have kept.
(b) Within sixty days of certification of
closure of the first dangerous waste disposal unit and within sixty days of
certification of closure of the last dangerous waste disposal unit, the owner
or operator must:
(i) Record, in accordance
with state law, a notation on the deed to the facility property, or on some
other instrument which is normally examined during title search, that will in
perpetuity notify any potential purchaser of the property that:
(A) The land has been used to manage
dangerous wastes;
(B) Its use is
restricted under this section; and
(C) The survey plat and record of the type,
location, and quantity of dangerous wastes disposed of within each cell or
other dangerous waste disposal unit of the facility required in subsection (9)
of this section have been filed with the local zoning authority, or the
authority with jurisdiction over local land use, and with the department;
and
(ii) Submit a
certification, signed by the owner or operator, that they have recorded the
notation specified in (b)(i) of this subsection, including a copy of the
document in which the notation has been placed, to the department.
(c) If the owner or operator or
any subsequent owner of the land upon which a dangerous waste facility was
located wishes to remove dangerous wastes and dangerous waste residues, the
liner, if any, or contaminated soils, they must request a modification to the
post-closure permit in accordance with the applicable requirements in WAC
173-303-800
through
173-303-840.
The owner or operator must demonstrate that the removal of dangerous wastes
will satisfy the criteria of subsection (7)(d) of this section. By removing
dangerous waste, the owner or operator may become a generator of dangerous
waste and must manage it in accordance with all applicable requirements of this
chapter. If they are granted a permit modification or otherwise granted
approval to conduct such removal activities, the owner or operator may request
that the department approve either:
(i) The
removal of the notation on the deed to the facility property or other
instrument normally examined during title search; or
(ii) The addition of a notation to the deed
or instrument indicating the removal of the dangerous
waste.
(11)
Certification of completion of post-closure care. No later than sixty days
after completion of the established post-closure care period for each dangerous
waste disposal unit, the owner or operator must submit to the department, by
registered mail or other means that establish proof of receipt (including
applicable electronic means), a certification that the post-closure care period
for the dangerous waste disposal unit was performed in accordance with the
specifications in the approved post-closure plan. The certification must be
signed by the owner or operator and an independent qualified registered
professional engineer. Documentation supporting the independent qualified
registered professional engineer's certification must be furnished to the
department upon request until they release the owner or operator from the
financial assurance requirements for post-closure care under WAC
173-303-620(6).
(12) Off-site recycling and used oil
processor closure plans. The owner or operator of an off-site recycling
facility subject to regulation under WAC
173-303-120(3),
(4), or used oil processor or rerefiner
subject to WAC
173-303-515(9)
must have a written closure plan.
(a)
Submittal. For new facilities, the closure plan must be submitted with the
notification required under WAC
173-303-060.
For existing facilities, the closure plan must be submitted within one hundred
eighty days of the effective date of this regulation. For closure plans denied
under (b) of this subsection that will be resubmitted, the amended plan must be
resubmitted within ninety days after the owner or operator receives the
denial.
(b) Review by department.
Decision to approve or deny. Closure plans must be submitted to department for
review, comment, approval or denial. The department decision to approve a
closure plan must assure it is consistent with requirements in subsections (2)
and (12) of this section. The department decision to deny a closure plan must
be justified on the inability or unwillingness of the owner and operator to
meet requirements in subsections (2) and (12) of this section or WAC
173-303-620(1)(e).
The department's decision may be appealed under the provisions of WAC
173-303-845.
(c) Availability. A copy of the approved
closure plan and all updates to the plan must be maintained at the facility and
furnished to the department upon request, including request by mail, until
final closure is completed and certified in accordance with subsection (6) of
this section.
(d) Contents of plan.
The closure plan must identify steps necessary to perform final closure of
recycling units at any point during its active life. The closure plan must
include at least:
(i) An estimate of the
maximum inventory of dangerous wastes or used oil ever on-site over the active
life of the facility;
(ii)
Descriptions, schedules, and disposal or decontamination procedures in
subsections (3), (4), (5), (6) of this section, except any provisions dealing
with permits, permit applications, modifications or approvals. The term
"recycling unit" will replace the terms "dangerous waste management unit" or
"regulated unit" in these subsections. Any references to permits or permit
modifications in these subsections do not apply.
(e) Obligation to amend. At least sixty days
prior to a major change at an off-site recycling or used oil
processor/rerefining facility, the owners/operator of that facility must submit
an amended closure plan. A major change may include the addition of a recycling
or recovery process that is subject to WAC
173-303-120(3)
or (4), any increase in the maximum inventory
of dangerous waste or used oil described in the previously approved closure
plan, the closure of an existing recycling unit, or a change in ownership or
operational control. The department must approve or deny, with justification,
the revised closure plan. Refer to (a) of this subsection when a closure plan
is denied if the closure plan needs to be resubmitted. Alternatively, the owner
or operator may challenge the denial pursuant to WAC
173-303-845.
(f) Notification of closure. At least
forty-five days prior to closure, an owner/operator must provide written notice
to the department of intent to close.
(g) Relationship to closure plans for
permitted facilities. A facility owner/operator that is subject to permitting
and closure planning requirements for storage, treatment or disposal that is
also required to prepare a closure plan for off-site recycling or used oil
processing/rerefining, may satisfy the requirements of this subsection by
combining all closure requirements in a single closure plan.
Statutory Authority:
Chapters
70.105 and
70.105D RCW. 09-14-105 (Order
07-12), § 173-303-610, filed 6/30/09, effective 7/31/09. Statutory
Authority:
Chapters
70.105,
70.105D, and
15.54 RCW and
RCW
70.105.007. 04-24-065 (Order 03-10), §
173-303-610, filed 11/30/04, effective 1/1/05; 00-11-040 (Order 99-01), §
173-303-610, filed 5/10/00, effective 6/10/00. Statutory Authority:
Chapters
70.105 and
70.105D RCW. 98-03-018 (Order
97-03), § 173-303-610, filed 1/12/98, effective 2/12/98; 95-22-008 (Order
94-30), § 173-303-610, filed 10/19/95, effective 11/19/95; 94-01-060
(Order 92-33), § 173-303-610, filed 12/8/93, effective 1/8/94. Statutory
Authority:
Chapters
70.105 and
70.105D RCW, 40 C.F.R. Part 271.3
and RCRA § 3006 ( 42 U.S.C. 3251 ). 91-07-005 (Order 90-42), §
173-303-610, filed 3/7/91, effective 4/7/91. Statutory Authority:
Chapter
70.105 RCW. 89-02-059
(Order 88-24), § 173-303-610, filed 1/4/89; 87-14-029 (Order DE-87-4),
§ 173-303-610, filed 6/26/87; 84-14-031 (Order DE 84-22), §
173-303-610, filed 6/27/84. Statutory Authority:
RCW
70.95.260 and
chapter
70.105 RCW. 82-05-023
(Order DE 81-33), § 173-303-610, filed
2/10/82.