Current through Register Vol. 24-06, March 15, 2024
(1) Applicability. The requirements of
subsections (2), (3), (4), and (5) of this section apply to all solid waste
handling facilities. The requirements of subsections (6), (7), and (8) of this
section apply to:
(a) Landfills subject to WAC
173-304-460 including limited
purpose landfills under WAC
173-304-460(5);
(b) Surface impoundments under WAC
173-304-430(2)(g)
closed with waste remaining in
place;
(c) Woodwaste landfills
under WAC
173-304-462; and
(d) Landspreading disposal facilities under
WAC 173-304-450(2).
(2) Effective dates. Existing
facilities subject to the requirements of this section shall meet the
applicable facility standards of this section within twelve months of the
effective date of this regulation. All new or expanded facilities subject to
the requirements of this section shall meet the applicable facility standards
on the effective date of this regulation.
(3) Closure performance standard. Each owner
or operator shall close their facility in a manner that:
(a) Minimizes the need for further
maintenance;
(b) Controls,
minimizes, or eliminates threats to human health and the environment from
post-closure escape of solid waste constituents, leachate, landfill gases,
contaminated rainfall or waste decomposition products to the ground,
groundwater, surface water, and the atmosphere; and
(c) Prepares the facility for the
post-closure period.
(4)
Closure plan and amendment(s). Closure as defined in WAC
173-304-100(11),
includes but is not limited to grading, seeding, landscaping, contouring,
and/or screening. For interim solid waste handling sites, closure includes
waste removal and decontamination of the site.
(a) Each owner or operator shall develop,
keep and abide by a plan of closure approved by the jurisdictional health
department as part of the permitting process in WAC
173-304-600.
(b) The closure plan shall project time
intervals at which sequential partial closure is to be implemented, and
identify closure cost estimates and projected fund withdrawal intervals for the
associated closure costs, from the approved financial assurance
instrument.
(c) Each owner or
operator shall not commence disposal operations in any part of a facility until
a closure plan for the entire facility has been approved by the jurisdictional
health department, and until a financial assurance instrument has been
provided, as required by applicable laws and regulations.
(d) The jurisdictional health department
shall approve, disapprove, or require amendment of the closure plan as part of
the permitting process of WAC
173-304-600 in accordance with
applicable laws and regulations.
(e) Each owner and operator shall close the
facility in accordance with the approved closure plan and all approved
amendments.
(5) Closure
procedures.
(a) Each owner and operator shall
notify the jurisdictional health department and where applicable, the financial
assurance instrument trustee, of the intent to implement the closure plan in
part or whole, no later than one hundred eighty days prior to the projected
final receipt of waste at the entire facility unless otherwise specified in the
closure plan.
(b) The owner or
operator shall commence implementation of the closure plan in part or whole
within thirty days after receipt of the final volume of waste and/or attaining
the final landfill elevation at part of or at the entire facility as identified
in the approved facility closure plan unless otherwise specified in the closure
plan.
(c) Waste shall not be
accepted for disposal or for use in closure except as identified in the closure
plan approved by the jurisdictional health department, as required in
subsection (3)(a) of this section.
(d) When facility closure is completed in
part or whole, each owner and operator shall submit the following to the
jurisdictional health department:
(i) Facility
closure plan sheets signed by a professional engineer registered in the state
of Washington and modified as necessary to represent as-built changes to final
closure construction as approved in the closure plan;
(ii) Certification by the owner or operator,
and a professional engineer registered in the state of Washington that the site
has been closed in accordance with the approved closure plan.
(e) The jurisdictional health
department shall notify the owner or operator and the department of ecology of
the date when the facility post-closure period has begun, which period shall
commence when the jurisdictional health department has verified the facility
has been closed in accordance with the specifications of the approved closure
plan and the closure requirements of this section.
(6) Post-closure performance standard. Each
owner or operator shall provide post-closure activities to allow for continued
facility maintenance and monitoring of air, land, and water as long as
necessary for the facility to stabilize and to protect human health and the
environment.
(7) Post-closure plan
and amendment. For disposal facilities; post-closure includes groundwater
monitoring; surface water monitoring; gas monitoring; and maintenance of the
facility, facility structures, and monitoring systems for their intended use
for a period of twenty years and any other activities deemed appropriate by the
jurisdictional health department.
(a) Each
owner or operator shall develop, keep and abide by a post-closure plan approved
as a part of the permitting process in WAC
173-304-600. The post-closure
plan shall address facility maintenance and monitoring activities for at least
a twenty-year period or until the site becomes stabilized (i.e., little or no
settlement, gas production or leachate generation), and monitoring of
groundwater, surface water, and gases can be safely discontinued.
(b) The post-closure plan shall project time
intervals at which post-closure activities are to be implemented, and identify
post-closure cost estimates and projected fund withdrawal intervals from the
selected financial assurance instrument, where applicable, for the associated
post-closure costs.
(c) Each owner
or operator shall not commence disposal operations in any part of a facility
until a post-closure plan for the entire facility has been approved by the
jurisdictional health department, and until a financial assurance instrument
has been provided where applicable, as required by WAC
173-304-467.
(d) Each owner or operator shall complete the
post-closure activities in accordance with the approved post-closure plan and
schedule. Facility post-closure activities shall be completed in accordance
with the approved post-closure plan or the plan shall be so amended with the
approval of the jurisdictional health department.
(e) The jurisdictional health department may
determine that a facility post-closure plan is invalid and require an owner or
operator to amend the facility post-closure plan.
(i) The health department may direct facility
post-closure activities, in part or whole, to cease until the post-closure plan
amendment has received written approval by the health department.
(ii) When the health department determines a
facility post-closure amendment is required, the health department shall, after
consultation with the owner/operator, designate a compliance schedule for
submittal of the amendment and its review and approval by the
department.
(8) Post-closure procedures.
(a) Each owner or operator shall commence
post-closure activities after completion of closure activities outlined in
subsection (5)(d)(i) and (ii) of this section. The jurisdictional health
department may direct that post-closure activities cease until the owner or
operator receives a notice to proceed with post-closure activities.
(b) When post-closure activities are
complete, the owner or operator shall certify to the jurisdictional health
department, signed by the owner or operator, and a professional engineer
registered in the state of Washington stating why post-closure activities are
no longer necessary (i.e., little or no settlement, gas production, or leachate
generation).
(c) If the
jurisdictional health department finds that post-closure monitoring has
established that the facility is stabilized (i.e., little or no settlement, gas
production, or leachate generation), the health department may authorize the
owner or operator to discontinue post-closure maintenance and monitoring
activities.
Statutory Authority:
RCW
70.95.215. 88-20-066 (Order 88-28), §
173-304-407, filed 10/4/88.