(a) Commencement of closure: Approved closure
activities shall commence no later than thirty (30) days after the date on
which each unit receives the known final receipt of wastes and shall be
completed within one hundred eighty (180) days following commencement of
closure. The Administrator may approve:
(i)
Delayed closure of a facility or unit if the facility or unit has additional
remaining disposal capacity, and the owner demonstrates that there will be no
threats to human health or the environment from the unclosed facility or unit,
and
(ii) Extensions of the closure
period if needed to adequately complete closure activities and the owner
demonstrates that there will be no threats to human health or the environment
from the unclosed facility or unit.
(b) Notification and certification of
facility and unit closure: Prior to the commencement of closure activities, the
operator shall notify the Administrator in writing and place a notice of
closure in the operating record. Following closure of each unit and facility,
the operator shall submit a certification with supporting documentation signed
by an engineer licensed to practice in Wyoming that closure has been completed
in accordance with the approved closure plan and place a copy of the
certification in the facility operating record.
(i) Notice on deed: At facility closure, an
instrument which clearly gives notice of the restrictions that apply to future
activities on the disposal facility property shall be filed for recording by
the registrar of deeds (county clerk) in the county where the facility is
located. Wording of such an instrument shall indicate that the property has
been used as a solid waste disposal facility. This shall be recorded prior to
any property transaction resulting in another use for the property. The
owner/operator, or its successors, shall ensure that post-closure use of the
property will be restricted to prevent any disturbance to the facility's
containment system including caps and liners, or the functioning of the
facility's monitoring system. The owner or operator may request permission from
the Administrator to remove the notation from the deed if all wastes are
removed from the facility.
(c) Closure permit applications: Closure
permit applications shall include the information in this section. A copy of
the pertinent materials from the approved permit application or approved
renewal permit application, revised and updated as necessary, may be used to
fulfill these requirements.
(i) Permit
application form: Each closure permit application shall contain a permit
application form signed in the manner described in Sections 2(b)(ii) and
2(b)(iii) of this chapter.
(ii)
General information:
(A) General site
information specified in Sections 3(a) through 3(e) and Section 3(m) of this
chapter.
(B) A detailed descriptive
statement of the closure/post-closure stage of landfill development, including
the following information:
(I) A description
of the land use anticipated after closure;
(II) The wording of the deed
notice;
(C) A narrative
describing the site operating history including the dates of operation, the
disposal methods used and the types and amounts of waste accepted.
(iii) Regional geology
information: The application shall include the information required by Section
5.
(iv) Site specific geology
information: The application shall include the information required by Section
6.
(v) Design and construction
information: The application shall demonstrate compliance with the standards in
this section.
(A) Prevention of erosion or
ponding problems: Facilities shall be engineered to inhibit future problems
with erosion or ponding of surface water over filled areas. This may be done
via site grading and revegetation, placement of rip rap or other appropriate
means. The application shall describe the method and length of time that
surface water will be diverted from the site and the methods by which surface
erosion or water ponding problems will be corrected.
(B) Revegetation: At facility closure, any
portion of the facility that has been disturbed by solid waste disposal
activities shall be revegetated to minimize wind and water erosion, consistent
with the post-closure land use. Vegetation shall be a diverse mix selected to
be compatible with the climatic conditions and require little
maintenance.
(C) Final cover shall
be designed and constructed to:
(I) Have a
permeability less than or equal to the permeability of any bottom liner system
or natural subsoils present or a permeability no greater than 1 X
10-5 cm/sec, whichever is less; and
(II) Minimize infiltration through the MSWLF
by the use of an infiltration layer that contains a minimum of 18 inches of
earthen material, and
(III)
Minimize erosion of the final cover by the use of an erosion layer that
contains a minimum of 6 inches of earthen material revegetated to sustain
native plant growth or an erosion layer that provides equivalent protection
from wind and water erosion as approved by the Administrator.
(IV) The Administrator may approve an
alternative final cover system design that includes an infiltration layer that
achieves an equivalent reduction in infiltration as the layer specified in
(C)(I) and (C)(II) above. The Administrator may require monitoring of
alternative final cover designs to demonstrate the performance of the
designs.
(V) Compacted soil barrier
layers forming a cap shall be overlain by a layer of soil which is of suitable
thickness to protect the compacted soil barrier layer from frost
penetration.
(D)
Surveyed corners: At facility closure, all facility boundary corners shall be
surveyed and marked with permanent survey caps.
(E) Access control: Facility fences, gates
and any other access restrictions shall be maintained until the facility has
been satisfactorily closed and revegetated, if post-closure land use requires
establishment of vegetative cover
(F) Waste containment systems, including but
not limited to liners, leachate detection, collection, and management systems,
and final cover systems, surface water structures, environmental monitoring
systems, and corrective action systems shall be maintained throughout the
closure and post-closure periods.
(G) The frequency of planned inspections to
discover problems such as surface erosion and water ponding during the
post-closure period.
(vi) Monitoring information: The application
shall demonstrate compliance with Section 9 and describe the method by which
any environmental monitoring systems and corrective action systems will be
maintained, including the time period over which this will occur.
(vii) Recordkeeping information: The
application shall demonstrate compliance with the applicable requirements of
Section 10.
(viii) Reporting
information: The application shall demonstrate compliance with the applicable
requirements of Section 11.
(ix)
Financial assurance information: The application shall demonstrate compliance
with Chapter 7.
(x) Corrective
action information: The application shall demonstrate compliance with Section
14 if applicable.
(xi) Transfer,
treatment and storage facility information: The application shall demonstrate
compliance with applicable closure and post-closure standards of Chapter
6.
(xii) Special waste information:
The application shall demonstrate compliance with applicable closure and
post-closure standards of Chapter 8.
(xiii) Supporting documentation: The
application shall include any supporting documentation listed in Section 18 of
this chapter that is pertinent to the closure/post-closure phase, including but
not limited to:
(A) A general facility plot
plan at a scale approved by the Administrator illustrating past areas of waste
deposition, estimated dates of fill and any other pertinent features;
(B) A map of the site area showing land
ownership, land use and zoning within one (1) mile of the disposal site. The
map or photograph shall be of sufficient scale to show all city boundaries,
each occupied dwelling house, schools, hospitals, industrial buildings, water
wells, water courses, roads and other applicable details and shall indicate the
general topography;
(C) A final
contour map showing proposed final contours prepared with a scale and contour
intervals approved by the Administrator.
(d) Post-closure land use: Each facility
shall be returned to the post-closure land use specified in the permit, unless
an alternative use is approved by the Administrator.
(e) Post-closure period:
(i) The post-closure period for MSWLFs which
continued to receive wastes on or after October 9, 1997 shall extend for a
period of not less than thirty (30) years after certification of all facility
closure activities is approved by the Administrator. The minimum post-closure
period may be terminated by the Administrator at an earlier date if the
Administrator determines that the facility has been adequately stabilized and
that the environmental monitoring or control systems have demonstrated that the
facility closure is protective of public health and the environment consistent
with the purposes of the act.
(ii)
The post-closure period for municipal solid waste landfills that ceased receipt
of waste prior to October 9, 1997 shall extend for the period specified in
rules in place May 28, 2013 and any closure permit issued for the
facility.
(f)
Post-closure period extension: Following the initial minimum post-closure
period, the post-closure period shall be automatically extended until such time
when the Administrator determines, upon petition by the operator accompanied by
submission of relevant information, that the facility has been adequately
stabilized in a manner protective of human health and the
environment.
(g) Petitions to
terminate post-closure care: Petitions to terminate the post-closure period
shall include certification from a Wyoming registered professional engineer
that post-closure care has been completed in compliance with the post-closure
plan and in a manner protective of human health and the environment.
