Current through September 21, 2024
(a) At least one
hundred eighty (180) days prior to the anticipated date for initiation of
closure of a regulated facility, the operator shall:
(i) Notify the Department in writing of the
operator's intention to close a regulated facility;
(ii) Notify the governing body of each
locality and adjacent property owners by certified or registered mail of the
operator's intention to close a regulated facility;
(iii) Post at least one (1) sign at the
regulated facility notifying all persons of the anticipated closing and
prohibition against further receipt of waste materials; and
(iv) Install barriers at all access points to
prevent new waste from being deposited.
(b) An operator or permit applicant shall
submit a closure plan and a post-closure plan with each permit application for
a regulated facility. Additionally, a permittee shall submit a revised closure
plan and revised post-closure plan to the Department whenever changes to
facility operations, conditions, or anticipated closure necessitate changes to
the plans.
(c) The closure plan
shall:
(i) Describe the work necessary to
minimize or eliminate, to the extent necessary to protect human health and the
environment, the post-closure escape of leachate, surface runoff, or waste
decomposition products to the groundwater, surface water, or the
atmosphere;
(ii) Minimize the need
for post-closure maintenance and controls; and
(iii) Include a cost estimate.
(d) The closure plan cost estimate
shall:
(i) Include an itemized written
estimate of the cost of completing all work described in the closure
plan;
(ii) Be based on the cost
required for a third-party contractor to complete the work described in the
closure at the most expensive point in the life of the facility;
(iii) Account for the following factors:
(A) The size and topography of the
site;
(B) The total waste material
storage capacity at the site;
(C)
Availability of cover and fill material needed for site grading;
(D) The type of waste to be received at the
site;
(E) Disposal method and
sequential disposal plan;
(F) The
location of the site and the character of the surrounding area;
(G) Requirements for surface
drainage;
(H) Operation and
maintenance of the leachate collection and treatment system, and, the off-site
disposal of leachate;
(I)
Environmental monitoring system;
(J) Structures and other improvements to be
dismantled and removed. Salvage values cannot be used to offset demolition
costs;
(K) Site storage capacity
for solid waste, incinerator residue, and compost material;
(L) Off-site disposal requirements;
(M) Vector control requirements;
(N) A minimum of fifteen percent (15%)
variable contingency fee to cover other closure costs as determined appropriate
by the Department; and
(O) Any
other relevant site-specific factors.
(iv) Be updated, revised, and submitted to
the Department by April 1 of each year.
(e) The post-closure plan shall:
(i) Describe the monitoring, maintenance, and
controls necessary to confirm that:
(A)
Post-closure escape of leachate, surface runoff, or waste decomposition
products to the groundwater, surface water, or the atmosphere has been
minimized or eliminated to the extent necessary to protect human health and the
environment; and
(B) The facility
has been stabilized and closed in accordance with the most recent approved
closure plan.
(ii)
Establish the monitoring period necessary to ensure that the regulated facility
has been stabilized and closed in accordance with the most recent approved
closure plan. The monitoring period shall continue for a minimum of five (5)
years after the date of completing closure of the regulated facility, but the
Department may require a longer monitoring period or extend the post-closure
monitoring period if the Department determines a longer monitoring period is
necessary to protect human health and the environment; and
(iii) Include a cost estimate. However, an
incinerator, resource recovery facility, compost facility, or storage surface
impoundment may omit the post-closure plan cost estimate from its post-closure
plan if onsite disposal of wastes or residues is not planned or
required.
(f) The
post-closure plan cost estimate shall:
(i)
Include a written estimate of the cost of completing all work described in the
post-closure plan;
(ii) Be based on
the cost required for a third-party contractor to complete the work described
in the post-closure plan;
(iii)
Account for the following factors:
(A) The
size and topography of the site;
(B) The type and quantity of waste that can
be received;
(C) Disposal method
and sequential disposal plan;
(D)
The potential for significant leachate production and the possibility of
contaminating water supplies;
(E)
Environmental monitoring systems;
(F) Soil conditions;
(G) The location of the site and the
character of the surrounding area;
(H) A minimum of fifteen percent (15%)
contingency fee to cover other post-closure costs as determined appropriate by
the Department; and
(I) Other
site-specific factors.
(iv) Be updated, revised, and submitted to
the Department by April 1 of each year.
(g) Inspection:
(i) The Department shall inspect all closed
regulated facilities to determine if the closure is complete and adequate in
accordance with the approved plan after being notified by the operator that
closure has been completed. The Department shall provide written inspection
results to the operator of a closed facility after the inspection. If the
closure is not satisfactory, the Department shall specify necessary
construction or such other steps that may be appropriate to bring
unsatisfactory sites into compliance with closure requirements.
(ii) Notification by the Department that the
closure is satisfactory does not relieve the operator of responsibility for
corrective action in accordance with regulations of the Department to prevent
or abate problems caused by the regulated facility that are subsequently
discovered.
(h) Within
sixty (60) days after receiving certification from the owner or operator that
closure has been accomplished in accordance with the closure plan and the
provisions of this Chapter, the Director shall verify that proper closure has
occurred. Unless the Director has reason to believe that closure has not been
in accordance with the closure plan, the Director shall notify the owner or
operator in writing that the Director is no longer required to maintain
financial assurance for closure of the particular facility. Such notice shall
release the owner or operator only from the requirements for financial
assurance for closure of the facility; it does not release the Director from
legal responsibility for meeting the closure or post-closure standards. If no
written notice or termination of financial assurance requirements or failure to
properly perform closure is received by the owner or operator within sixty (60)
days after certifying proper closure, the owner or operator may petition the
Director for an immediate decision, in which case the Director shall respond
within ten (10) days after receipt of such petition.
