Ala. Admin. Code r. 335-13-4-.20 - Closure And Post-Closure
(1)
Submittal. The owner or operator must submit a
closure/post-closure plan to the Department and place in the operating record,
no later than the effective date of these regulations or by the initial receipt
of waste, whichever is later.
(2)
Closure. The requirements for closure of existing and
proposed landfill units shall include the following unless otherwise noted.
(a) The owner or operator must prepare a
written closure plan that describes the steps necessary to close all existing
and proposed landfill units at any point during their active life in accordance
with the cover design requirements in
335-13-4-.20(2)(b).
The owner or operator must submit the closure plan as part of the permit
application to the Department. The closure plan, at a minimum, must include the
following information:
1. A description of the
final cover, designed in accordance with
335-13-4-.20(2)(b)
and the methods and procedures to be used to install the cover;
2. An estimate of the largest area of the
landfill unit ever requiring a final cover as required under
335-13-4-.20(2)(b)
at any time during the active life;
3. An estimate of the maximum inventory of
wastes ever on-site over the active life of the facility; and
4. A schedule for completing all activities
necessary to satisfy the closure criteria in this rule.
(b) A final cover system must be installed
which is designed to minimize infiltration and erosion. The final cover system
must be comprised of an erosion layer(s) underlain by an infiltration layer(s)
as follows:
1. The infiltration layer for
MSWLF and ILF must be comprised of a minimum of 18 inches of earthen material
and/or a synthetic layer that has 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. The infiltration layer for C/DLF must be comprised of a
minimum of 18 inches of compacted earthen material excluding sands,
and
2. The erosion layer must
consist of a minimum 6 inches of earthen material that is capable of sustaining
native plant growth, as specified in
335-13-4-.20(2)(d).
3. The Department may approve an alternative
final cover design that includes:
(i) An
infiltration layer that achieves an equivalent reduction in infiltration as the
infiltration layer specified in
335-13-4-.20(2)(b)1.,
and
(ii) An erosion layer that
provides equivalent protection from wind and water erosion as the erosion layer
specified in
335-13-4-.20(2)(b)2.
(c) Final
soil cover shall be graded so that:
1.
Surface water does not pond over the landfill unit.
2. The maximum final grade of the final cover
system shall not exceed 25 percent or as specified by the Department to
minimize erosion.
3. Slopes longer
than 25 feet shall require horizontal terraces, of sufficient width for
equipment operation, for every 20 feet rise in elevation or utilize other
erosion control measures approved by the Department.
4. The minimum final grade of the final cover
system shall not be less than 5 percent or as specified by the Department to
minimize ponding.
5. For a
permitted facility utilizing the area fill method or the trench method, final
grading of the infiltration layer shall be completed within 90 days after the
unit has received the last known receipt of waste.
(d) A vegetative or some other appropriate
cover must be established to minimize erosion and, when applicable, maximize
evapotranspiration. Within 90 days after completion of final grading
requirements on each phase or each trench as specified in
335-13-4-.20(2)(a),
the permittee or owner of a permitted landfill unit shall prepare the final
cover for the establishment of a vegetative cover or alternative cover. Deep
rooted vegetation (roots that may grow below the 6 inch erosion layer) shall be
prohibited as vegetative cover. Preparation of a vegetative cover shall
include, but not be limited to, the following:
1. Placement of appropriate species of grass
seed, fertilizer and mulch; and
2.
Watering and maintenance necessary such that germination of grass will
occur.
(e) Prior to
beginning closure of each landfill unit as specified in this rule, an owner or
operator must submit to the Department and place in the operating record a
notice of the intent to close the unit.
(f) The owner or operator must begin closure
activities of each LF unit no later than 30 days after the date of which the LF
unit receives the known final receipt of wastes. If the LF unit has remaining
capacity and there is reasonable likelihood that the LF unit will receive
additional wastes, closure activities of each LF unit must begin no later than
one year after the date of known final receipt of wastes. Extensions beyond the
one-year deadline for beginning closure may be granted by the Department if the
owner or operator demonstrates that the LF unit has the capacity to receive
additional wastes and the owner or operator has taken and will continue to take
all steps necessary to prevent threats to human health and the environment from
the unclosed LF unit.
(g) The owner
or operator of all LF units must complete closure activities of each LF unit in
accordance with the closure plan within 180 days following the last known
receipt of waste. Extensions of the closure period may be granted by the
Department if the owner or operator demonstrates that closure will, of
necessity, take longer than 180 days and the owner or operator has taken and
will continue to take all steps necessary to prevent threats to human health
and the environment from the unclosed LF unit. Extensions granted for closure
of each LF unit shall not exceed a total of 180 days.
(h) Following closure of each LF unit, the
owner or operator must submit to the Department a certification, signed by an
independent registered professional engineer verifying that closure has been
completed in accordance with the closure plan, and a copy placed in the
operating record. C/DLF and/or ILF owner or operator may submit certification
signed by a registered professional engineer in lieu of an independent
registered professional engineer.
(i) Within 90 days after permit expiration,
revocation or when final closure requirements in
335-13-4-.20 are achieved as
determined by the Department, the permittee or owner of a facility must provide
documentation of compliance with the requirements of the Uniform Environmental
Covenants Program in ADEM Admin. Code Division 335-5 and shall record a
notation onto the land deed containing the property utilized for disposal,
and/or some other legal instrument that is normally examined during a title
search, that will in perpetuity, notify any potential purchaser of the property
that:
1. The land has been used as a solid
waste disposal facility landfill unit;
3. The locations and dimensions of the
landfill unit with respect to permanently surveyed benchmarks and surveyed
benchmarks and section corners shall be on a plat prepared and sealed by a land
surveyor;
4. Contain a note,
prominently displayed, which states the name of the permittee or operating
agency, the type of landfill unit and the beginning and closure dates of the
disposal activity.
5. Certification
by and engineer or land surveyor that all closure requirements have been
completed as determined necessary by the Department.
(j) For a permitted facility, the permittee
or land owner shall submit a certified copy of the recording instrument to the
Department and place a copy in the operating record within 120 days after
permit expiration, revocation or as otherwise directed by the
Department.
(k) Detail design for
the closure of existing and proposed LF units shall be shown on a final contour
and drainage plan. Items required in
335-13-4-.20(2)(b) through (d), (i), (j), and
(3)(a), (d), and (f) shall be
included.
(3)
Post-closure. The requirements for post-closure of
existing and proposed landfill units shall include the following unless
otherwise noted.
(a) Following closure of
each LF unit, the owner or operator must conduct post-closure care.
Post-closure care must be conducted for a minimum of 30 years; or a minimum of
5 years if closed prior to October 9, 1993, or the effective date of
§258.1 of 40 CFR 258, Solid Waste Disposal Criteria, whichever is later;
except as provided under
335-13-4-.20(3)(b),
and consist of at least the following:
1.
Eroded areas shall be filled with suitable soil cover, compacted, graded and
appropriate cover established as described in
335-13-4-.20(2)(d).
2. Areas which provide for ponding of surface
water shall be filled, graded and an appropriate cover established as described
in 335-13-4-.20(2)(d).
3. Landfilled areas with extensive surface
cracks in soil cover shall be corrected as necessary, or as determined by the
Department, to prevent infiltration of surface water.
4. An appropriate cover shall be maintained
on the facility at all times as described in
335-13-4-.20(2)(d).
5. Access control structures shall be
maintained or erected and signs shall be posted stating that the facility is
closed and giving the location of the nearest permitted landfill
unit.
6. Any waste dumped at the
landfill unit following closure shall be removed to an approved landfill unit
by the permittee, operating agency, or owner.
7. Monitoring devices and pollution control
equipment such as groundwater monitoring wells, explosive gas monitoring
systems, erosion, and surface water control structures, and leachate facilities
shall be maintained. Monitoring requirements shall continue in effect
throughout the active life and post-closure care period as determined by the
Department unless all solid waste is removed and no unpermitted discharge to
waters has occurred.
8. Other
deficiencies such as vector control, which may be observed by the Department
shall be corrected.
(b)
The length of the post-closure care period may be:
1. Decreased by the Department if the owner
or operator demonstrates that the reduced period is sufficient to protect human
health and the environment and this demonstration is approved by the
Department; or
2. Increased by the
Department if the Department determines that the lengthened period is necessary
to protect human health and the environment.
(c) The owner or operator of all LF units
must submit to the Department and receive approval as part of the permit
application, a written post-closure plan. A copy must also be placed in the
operating record. The post-closure plan must include, at a minimum, the
following information:
1. A description of the
monitoring and maintenance activities required in
335-13-4-.20(3)(a)
for each LF unit, and the frequency at which these activities will be
performed;
2. Name, address, and
telephone number of the person or office to contact about the facility during
the post-closure period; and
3. A
description of the planned uses of the property during the post-closure
period.
(d) Post-closure
use of the property used for the disposal operation must never be allowed to
disturb the integrity of the final cover, liner(s), or any other component of
the containment system, or the function of the monitoring systems necessary to
comply with the requirements of these rules. The Department may approve any
other disturbance if the owner or operator demonstrates that the disturbance,
including any removal of waste, complies with the following:
1. The activities will not increase the
potential threat to human health or the environment; or
2. The activities are necessary to reduce a
threat to human health or the environment.
(e) Following completion of the post-closure
care period for each LF unit, the owner or operator must submit to the
Department a certification, signed by an independent registered professional
engineer verifying that post-closure care has been completed in accordance with
the post-closure plan, and a copy placed in the operating record. A C/DLF owner
or operator may submit certification signed by a registered professional
engineer in lieu of an independent registered professional engineer.
(f) If the permittee or owner, or any
subsequent owner of the land upon which a landfill unit is located wishes to
remove waste, waste residues, the liner, if any, or any contaminated soils, the
owner must request approval from the Department. The owner may also ask
permission to remove the notation from the recording instrument if all waste
and contaminated soils are removed from the property and no unpermitted
discharges to waters have occurred.
Notes
Authors: Russell A. Kelly, S. Scott Story, Heather M. Jones
Statutory Authority: Code of Ala. 1975, §§ 22-27-3, 22-27-4, 22-27-7.
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