Current through Register Vol. 24-06, March 15, 2024
(1) Applicability. The closure requirements
of subsections (2), (3), and (4) of this section apply to all disposal
facilities. The post-closure requirements of subsections (5), (6), and (7)
apply to monofills subject to WAC
173-306-440.
(2) Closure performance requirements. Each
owner and operator shall close the 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 ash constituents, leachate, monofill gases, contaminated
rainfall or ash decomposition products to the ground or soil, groundwater,
surface water, and the atmosphere; and
(c) Prepares the facility for the
post-closure period.
(3)
Closure plan and amendment. Closure as defined in WAC
173-306-100 includes, but is not
limited to, grading, seeding, landscaping, contouring and screening.
(a) Each owner or operator shall develop and
use a plan of closure approved by the department as part of the permitting
process of WAC
173-306-310.
(b) The closure plan shall project time
intervals at which closure activities must be implemented, and shall identify
estimated closure costs and project fund withdrawal intervals from the approved
financial assurance instrument, where applicable.
(c) No owner or operator may begin disposal
operations in any part of a facility until a closure plan for the entire
facility has been approved by the department, and until a financial assurance
instrument has been provided, as required by WAC
173-306-470.
(d) The department may determine at its
discretion and for cause that a facility closure plan is invalid and may
require an owner or operator to:
(i) Amend the
facility closure plan and obtain the department's written approval;
and/or
(ii) Cease facility
operation or closure activities in whole or in part until an approved closure
plan is obtained.
(e)
Each owner or operator shall close the facility in accordance with the approved
closure plan and all approved amendments.
(4) Closure procedures.
(a) Each owner or operator shall notify the
department and, where applicable, the financial assurance instrument trustee,
of the intent to implement the closure plan in whole or in part, no later than
one hundred eighty days before the projected final receipt of waste at part of
or at the entire facility.
(b) The
owner or operator shall begin implementing the closure plan in part or whole
within thirty days after receipt of a final volume of ash and/or attaining the
final monofill elevation at part of or at the entire facility as identified in
the approved facility closure plan.
(c) Ash may not be accepted for use in
closure except as identified in the closure plan approved by the department, as
required in subsection (3)(a) of this section.
(d) When facility closure is completed in
part or whole, each owner or operator shall submit to the department:
(i) Facility closure plan sheets signed by a
professional engineer registered in the state of Washington. The plan shall
reflect all as-built changes to final closure construction as approved in the
closure plan; and
(ii) An affidavit
signed 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) Maps and a statement of fact concerning
the location of the final ash disposal must be recorded as part of the deed
with the county auditor not later than three months after closure. Records and
plans specifying ash amounts, locations and periods of operation must be
submitted to the local zoning authority or the authority with jurisdiction over
land use and must be made available for inspection.
(f) When the department finds the facility
has been closed in accordance with the specifications of the approved closure
plan and the closure requirements of this section, the department shall:
(i) Issue a certificate of closure for the
site to the owner or operator and the department; and
(ii) Notify the owner or operator and the
department that the facility post-closure period has begun in whole or in part
on a specified date.
(5) Post-closure performance standard.
Monofill owners or operators shall perform post-closure activities as needed to
protect human health and the environment.
(6) Post-closure plan and amendment.
Post-closure includes monitoring of groundwater, surface water, and air
quality; maintenance of the facility, facility structures, and monitoring
systems; and other activities deemed appropriate by the department.
(a) The owner or operator shall develop and
use a post-closure plan approved as a part of the permitting process in WAC
173-306-310. The post-closure
plan shall address facility maintenance and monitoring activities for a
thirty-year period.
(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) No owner or operator may begin disposal
operations in any part of a facility until a post-closure plan for the entire
facility has been approved by the department, and until a financial assurance
instrument has been provided, where applicable, as required by WAC
173-306-470. Facility
post-closure activities must be completed in accordance with the approved
post-closure plan or the plan must be so amended with the approval of the
department.
(d) The department may
determine, at its discretion and for cause, that a facility post-closure plan
is invalid and may require an owner or operator to:
(i) Amend the facility post-closure plan and
obtain the department's written approval; and/or
(ii) Cease facility operation or closure
activities in part or wholly until an approved post-closure plan is
obtained.
(7)
Post-closure procedures.
(a) Each owner or
operator shall begin post-closure activities after completing closure
activities outlined in subsection (4)(d)(i) and (ii) of this section. The
department may direct that post-closure activities cease until the owner or
operator has received the department's certification of closure and a notice to
proceed with post-closure activities.
(b) When post-closure activities are
complete, the owner or operator shall submit an affidavit to the 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.
(c) If the department
finds that post-closure activities have stabilized the facility, the department
may, at its discretion, authorize the owner or operator to gradually reduce or
discontinue post-closure maintenance and monitoring activities. The department
shall certify the end of the post-closure care period by issuing a certificate
of post-closure completion to the facility owner or operator.
Statutory Authority:
Chapter
70.138 RCW. 00-19-018
(Order 00-17), § 173-306-410, filed 9/8/00, effective 10/9/00; 90-10-047,
§ 173-306-410, filed 4/30/90, effective
5/31/90.