40 CFR 265.197 - Closure and post-closure care.
(a) At closure of a tank system, the owner or operator must remove or decontaminate all waste residues, contaminated containment system components (liners, etc.), contaminated soils, and structures and equipment contaminated with waste, and manage them as hazardous waste, unless § 261.3(d) of this Chapter applies. The closure plan, closure activities, cost estimates for closure, and financial responsibility for tank systems must meet all of the requirements specified in subparts G and H of this part.
(b) If the owner or operator demonstrates that not all contaminated soils can be practicably removed or decontaminated as required in paragraph (a) of this section, then the owner or operator must close the tank system and perform post-closure care in accordance with the closure and post-closure care requirements that apply to landfills (§ 265.310). In addition, for the purposes of closure, post-closure, and financial responsibility, such a tank system is then considered to be a landfill, and the owner or operator must meet all of the requirements for landfills specified in subparts G and H of this part.
(c) If an owner or operator has a tank system which does not have secondary containment that meets the requirements of § 265.193(b) through (f) and which is not exempt from the secondary containment requirements in accordance with § 265.193(g), then,
(3) The cost estimates calculated for closure and post-closure care must reflect the costs of complying with the contingent closure plan and the contingent post-closure plan, if these costs are greater than the costs of complying with the closure plan prepared for the expected closure under paragraph (a) of this section.
(4) Financial assurance must be based on the cost estimates in paragraph (c)(3) of this section.
(5) For the purposes of the contingent closure and post-closure plans, such a tank system is considered to be a landfill, and the contingent plans must meet all of the closure, post-closure, and financial responsibility requirements for landfills under subparts G and H of this part.
- 40 CFR 265.110 — Applicability.
- 40 CFR 265.196 — Response to Leaks or Spills and Disposition of Leaking or Unfit-For-Use Tank Systems.
- 40 CFR 265.193 — Containment and Detection of Releases.
- 40 CFR 265.111 — Closure Performance Standard.
- 40 CFR 265.114 — Disposal or Decontamination of Equipment, Structures and Soils.
- 40 CFR 266.111 — Standards for Direct Transfer.
- 40 CFR 265.142 — Cost Estimate for Closure.
- 40 CFR 265.140 — Applicability.
- 40 CFR 262.17 — Conditions for Exemption for a Large Quantity Generator That Accumulates Hazardous Waste.