Ala. Admin. Code r. 335-14-5-.07 - Closure and Post-Closure
(1)
Applicability. Except as
335-14-5-.01(1)
provides otherwise:
(a)335-14-5-.07(2) through
(6) (which concern closure) apply to the owners and operators of all hazardous
waste management facilities and CAMUs; and
(b)335-14-5-.07(7) through (11) (which
concern post-closure care) apply to the owners and operators of:
1. All hazardous waste disposal
facilities;
2. Waste piles, surface
impoundments, and drip pads from which the owner or operator intends to remove
the wastes at closure to the extent that these paragraphs are made applicable
to such facilities in
335-14-5-.12(9),
335-14-5-.11(9),
or
335-14-5-.23(6);
3. Tank systems that are required under
335-14-5-.10(8)
to meet the requirements for landfills;
4. Containment buildings that are required
under
335-14-5-.30(3)
to meet the requirements for landfills;
5. Corrective action management units in
which wastes remain after closure; and
6. Other hazardous waste management units
which are unable to demonstrate closure by removal.
(c) The Department may replace all or part of
the requirements of 335-14-5-.07 (and the unit-specific standards referenced in
335-14-5-.07(2)(c) applying to a regulated unit, with alternative requirements
set out in a permit or in an enforceable document (as defined in
335-14-8-.01(1)
(c)7.), where the Department determines that:
1. The regulated unit is situated among solid
waste management units (or areas of concern), a release has occurred, and both
the regulated unit and one or more solid waste management unit(s) (or areas of
concern) are likely to have contributed to the release; and
2. It is not necessary to apply to closure
requirements of 335-14-5-.07 (and those referenced herein) because the
alternative requirements will protect human health and the environment and will
satisfy the closure performance standard of 335-14-5-.07(2) (a) and
(b).
(2)
Closure performance standards. The owner or operator
must close the facility in a manner that:
(a)
Minimizes the need for further maintenance; and
(b) Controls, minimizes, or eliminates, to
the extent necessary to protect human health and the environment, post-closure
escape of hazardous waste, hazardous constituents, leachate, contaminated
run-off, or hazardous waste decomposition products to the ground or surface
waters or to the atmosphere; and
(c) Complies with the closure requirements of
335-14-5-.07, including, but not limited to, the requirements of
335-14-5-.09(9),
335-14-5-.10(8),
335-14-5-.11(9),
335-14-5-.12(9),
335-14-5-.13(11),
335-14-5-.14(11),
335-14-5-.15(12),
335-14-5-.19(1)
through (3),
335-14-5-.23(6),
335-14-5-.24(2) through
(4), 335-15-5-.30(3), and
335-14-7-.08(3)
[
40 CFR
266.102(e)(11)
].
(3)
Closure plan: amendment of plan.
(a) Written Plan.
1. The owner or operator of a hazardous waste
management facility must have a written closure plan. In addition, certain
surface impoundments, waste piles, and drip pads from which the owner or
operator intends to remove or decontaminate the hazardous waste at partial or
final closure are required by
335-14-5-.11(9)
(c)1.(i),
335-14-5-.12(9)(c)1.(i),
and
335-14-5-.23(6)(c)1.(i)
to have contingent closure plans. The plan must be submitted with the permit
application, in accordance with
335-14-8-.02(5)(b)13.,
and approved by the Director as part of the permit issuance procedures. In
accordance with
335-14-8-.03(3),
the approved closure plan will become a condition of any AHWMMA
permit.
2. The Director's approval
of the plan must ensure that the approved closure plan is consistent with
335-14-5-.07(2) through (6) and the applicable requirements of
335-14-5-.06(1)
et seq.,
335-14-5-.09(9),
335-14-5-.10(8),
335-14-5-.11(9),
335-14-5-.12(9),
335-14-5-.13(11),
335-14-5-.14(11),
335-14-5-.15(12),
335-14-5-.19(1)
through (3),
335-14-5-.23(6),
335-14-5-.24(2),
335-14-5-.30(3)
and
335-14-7-.08(3)
[
40 CFR
266.102(e)(11) ]. Until
final closure is completed and certified in accordance with 335-14-5-.07(6), a
copy of the approved plan and all approved revisions must be furnished to the
Director upon request, including requests by mail.
(b) Content of plan. The plan must identify
steps necessary to perform partial and/or final closure of the facility at any
point during its active life. The closure plan must include, at least:
1. A description of how each hazardous waste
management unit at the facility will be closed in accordance with
335-14-5-.07(2);
2. A description
of how final closure of the facility will be conducted in accordance with
335-14-5-.07(2). The description must identify the maximum extent of the
operations which will be unclosed during the active life of the
facility;
3. An estimate of the
maximum inventory of hazardous wastes ever on-site over the active life of the
facility and a detailed description of the methods to be used during partial
closures and final closure, including, but not limited to, methods for
removing, transporting, treating, storing, or disposing of all hazardous
wastes, and identification of the type(s) of the off-site hazardous waste
management units to be used, if applicable; and
4. A detailed description of the steps needed
to remove or decontaminate all hazardous waste residues and contaminated
containment system components, equipment, structures, and soils during partial
and final closure, including, but not limited to, procedures for cleaning
equipment and removing contaminated soils, methods for sampling and testing
surrounding soils, and criteria for determining the extent of decontamination
required to satisfy the closure performance standard;
5. A detailed description of other activities
necessary during the closure period to ensure that all partial closures and
final closure satisfy the closure performance standards, including, but not
limited to, groundwater monitoring, leachate collection, and run-on and run-off
control; and
6. A schedule for
closure for each hazardous waste management unit and for final closure of the
facility. The schedule must include, at a minimum, the total time required to
close each hazardous waste management unit and the time required for
intervening closure activities which will allow tracking of the progress of
partial and final closure. (For example, in the case of a landfill unit,
estimates of the time required to treat or dispose of all hazardous waste
inventory and of the time required to place a final cover must be
included.)
7. For facilities that
use trust funds to establish financial assurance under
335-14-5-.08(4) and
(6) and that are expected to close prior to
the expiration of the permit, an estimate of the expected year of final
closure.
8. For facilities where
the Department has applied alternative requirements at a regulated unit under
335-14-5-.06(1)
(f), 335-14-5-.07(1) (c), and/or
335-14-5-.08(1)(e),
either the alternative requirements applying to the regulated unit, or a
reference to the enforceable document containing those alternative
requirements.
(c)
Amendment of plan. The owner or operator must submit a written request for a
permit modification to authorize a change in operating plans, facility design,
or the approved closure plan in accordance with the procedures in 335-14-8. The
written request must include a copy of the amended closure plan for review or
approval by the Director.
1. The owner or
operator may submit a written request to the Director for a permit modification
to amend the closure plan at any time prior to the notification of partial or
final closure of the facility.
2.
The owner or operator must submit a written request for a permit modification
to authorize a change in the approved closure plan whenever:
(i) Changes in operating plans or facility
design affect the closure plan, or
(ii) There is a change in the expected year
of closure, if applicable, or
(iii)
In conducting partial or final closure activities, unexpected events require a
modification of the approved closure plan.
(iv) The owner or operator requests the
Department to apply alternative requirements to a regulated unit under
335-14-5-.06(1)(f),
335-14-5-.07(1)(c), and/or
335-14-5-.08(1)
(e).
3. The owner or operator must submit a
written request for a permit modification including a copy of the amended
closure plan for approval at least 60 days prior to the proposed change in
facility design or operation, or no later than 60 days after an unexpected
event has occurred which has affected the closure plan. If an unexpected event
occurs during the partial or final closure period, the owner or operator must
request a permit modification no later than 30 days after the unexpected event.
An owner or operator of a surface impoundment, waste pile, or drip pad that
intends to remove all hazardous waste at closure and is not otherwise required
to prepare a contingent closure plan under
335-14-5-.11(9)
(c)1.(i),
335-14-5-.12(9)(c)1.(i),
or
335-14-5-.23(6)(c)1.(i)
must submit an amended closure plan to the Department no later than 60 days
from the date that the owner or operator or Director determines that the
hazardous waste management unit must be closed as a landfill, subject to the
requirements of
335-14-5-.14(11),
or no later than 30 days from that date if the determination is made during
partial or final closure. The Department will approve, disapprove, or modify
this amended plan in accordance with the procedures in 335-14-8. In accordance
with
335-14-8-.03(3),
the approved closure plan will become a condition of any AHWMMA permit
issued.
4. The Department may
request modifications to the plan under the conditions described in
335-14-5-.07(3)(c)2. The owner or operator must submit the modified plan within
60 days of the Department's request, or within 30 days if the change in
facility conditions occurs during partial or final closure. Any modifications
requested by the Department will be approved in accordance with the procedures
in 335-14-8.
(d)
Notification of partial closure and final closure.
1. The owner or operator must notify the
Department in writing at least 60 days prior to the date on which he expects to
begin closure of a surface impoundment, waste pile, land treatment or landfill
unit, or final closure of a facility with such a unit. The owner or operator
must notify the Department in writing at least 45 days prior to the date on
which he expects to begin final closure of a facility with only treatment or
storage tanks, container storage, or incinerator units to be closed. The owner
or operator must notify the Department in writing at least 45 days prior to the
date on which he expects to begin partial or final closure of a boiler or
industrial furnace, whichever is earlier.
2. The date when he "expects to begin
closure" must be either:
(i) No later than 30
days after the date on which any hazardous waste management unit receives the
known final volume of hazardous wastes or, if there is a reasonable possibility
that the hazardous waste management unit will receive additional hazardous
wastes, no later than one year after the date on which the unit received the
most recent volume of hazardous waste. If the owner or operator of a hazardous
waste management unit can demonstrate to the Department that the hazardous
waste management unit or facility has the capacity to receive additional
hazardous wastes and he has taken all steps to prevent threats to human health
and the environment, including compliance with all applicable permit
requirements, the Department may approve an extension to this one-year limit;
or
(ii) For units meeting the
requirements of 335-14-5-.07(4)(d), no later than 30 days after the date on
which the hazardous waste management unit receives the known final volume of
non-hazardous wastes, or if there is a reasonable possibility that the
hazardous waste management unit will receive additional non-hazardous wastes,
no later than one year after the date on which the unit received the most
recent volume of non-hazardous wastes. If the owner or operator can demonstrate
to the Department that the hazardous waste management unit has the capacity to
receive additional non-hazardous wastes and he has taken, and will continue to
take, all steps to prevent threats to human health and the environment,
including compliance with all applicable permit requirements, the Department
may approve an extension to this one-year limit.
3. If the facility's permit is terminated, or
if the facility is otherwise ordered, by judicial decree or final order under
Section 3008 of RCRA, to cease receiving hazardous wastes or to close, then the
requirements of 335-14-5-.07(3) do not apply. However, the owner or operator
must close the facility in accordance with the deadlines established in
335-14-5-.07(4).
(e)
Nothing in 335-14-5-.07 shall preclude the owner or operator from removing
hazardous wastes and decontaminating or dismantling equipment in accordance
with the approved partial or final closure plan at any time before or after
notification of partial or final closure.
(4)
Closure: time allowed for
closure.
(a) Within 90 days
after receiving the final volume of hazardous wastes, or the final volume of
non-hazardous wastes if the owner or operator complies with all applicable
requirements in 335-14-5-.07(4)(d) and (e), at a hazardous waste management
unit or facility, the owner or operator must treat, remove from the unit or
facility, or dispose of on-site, all hazardous wastes in accordance with the
approved closure plan. The Department may approve a longer period if the owner
or operator complies with all applicable requirements for requesting a
modification to the permit and demonstrates that:
1.
(i) The
activities required to comply with 335-14-5-.07(4) will, of necessity, take
longer than 90 days to complete; or
(ii)
(I)
The hazardous waste management unit or facility has the capacity to receive
additional hazardous wastes, or has the capacity to receive non-hazardous
wastes if the owner or operator complies with 335-14-5-.07(4) (d) and
(e);
(II) There is a reasonable
likelihood that he or another person will recommence operation of the hazardous
waste management unit or the facility within one year; and
(III) Closure of the hazardous waste
management unit or facility would be incompatible with continued operation of
the site; and
2. He has taken and will continue to take all
steps to prevent threats to human health and the environment, including
compliance with all applicable permit requirements.
(b) The owner or operator must complete
partial and final closure activities in accordance with the approved closure
plan and within 180 days after receiving the final volume of hazardous wastes,
or the final volume of non-hazardous wastes if the owner or operator complies
with all applicable requirements in 335-14-5-.07(4)(d) and (e), at the
hazardous waste management unit or facility. The Director may approve an
extension to the closure period if the owner or operator complies with all
applicable requirements for requesting a modification to the permit and
demonstrates that:
1.
(i) The partial or final closure activities
will, of necessity, take longer than 180 days to complete; or
(ii)
(I)
The hazardous waste management unit or facility has the capacity to receive
additional hazardous wastes, or has the capacity to receive non-hazardous
wastes if the owner or operator complies with 335-14-5-.07(4)(d) and
(e);
(II) There is reasonable
likelihood that he or another person will recommence operation of the hazardous
waste management unit or the facility within one year; and
(III) Closure of the hazardous waste
management unit or facility would be incompatible with continued operation of
the site; and
2. He has taken and will continue to take all
steps to prevent threats to human health and the environment from the unclosed
but not operating hazardous waste management unit or facility, including
compliance with all applicable permit requirements.
(c) The demonstrations referred to in
335-14-5-.07(4)(a)1. and (b)1. must be made as follows:
1. The demonstrations in 335-14-5-.07(4)(a)1.
must be made at least 30 days prior to the expiration of the 90-day period in
335-14-5-.07(4)(a); and
2. The
demonstration in 335-14-5-.07(4)(b)1. must be made at least 30 days prior to
the expiration of the 180-day period in 335-14-5-.07(4)(b), unless the owner or
operator is otherwise subject to the deadlines in 335-14-5-.07(4)(d).
(d) The Department may allow an
owner or operator to receive only non-hazardous wastes in a landfill, land
treatment, or surface impoundment unit after the final receipt of hazardous
wastes at that unit if:
1. The owner or
operator requests a permit modification in compliance with all applicable
requirements in 335-14-8 and in the permit modification request demonstrates
that:
(i) The unit has the existing design
capacity as indicated on the Part A Application to receive non-hazardous
wastes; and
(ii) There is a
reasonable likelihood that the owner or operator or another person will receive
non-hazardous wastes in the unit within one year after the final receipt of
hazardous wastes; and
(iii) The
non-hazardous wastes will not be incompatible with any remaining wastes in the
unit, or with the facility design and operating requirements of the unit or
facility under this part; and
(iv)
Closure of the hazardous waste management unit would be incompatible with
continued operation of the unit or facility; and
(v) The owner or operator is operating and
will continue to operate in compliance with all applicable permit requirements;
and
2. The request to
modify the permit includes an amended waste analysis plan, groundwater
monitoring and response program, human exposure assessment required under RCRA
Section 3019, and closure and post-closure plans, and updated cost estimates
and demonstrations of financial assurance for closure and post-closure care as
necessary and appropriate, to reflect any changes due to the presence of
hazardous constituents in the non-hazardous wastes, and changes in closure
activities, including the expected year of closure if applicable under
335-14-5-.07(3)(b)7., as a result of the receipt of non-hazardous wastes
following the final receipt of hazardous wastes; and
3. The request to modify the permit includes
revisions, as necessary and appropriate, to affected conditions of the permit
to account for the receipt of non-hazardous wastes following receipt of the
final volume of hazardous wastes; and
4. The request to modify the permit and the
demonstrations referred to in 335-14-5-.07(4)(d)1. and (d)2. are submitted to
the Director no later than 120 days prior to the date on which the owner or
operator of the facility receives the known final volume of hazardous wastes at
the unit, or no later than 90 days after the effective date of 335-14-5-.07,
whichever is later.
(e)
In addition to the requirements in 335-14-5-.07(4)(d), an owner or operator of
a hazardous waste surface impoundment that is not in compliance with the liner
and leachate collection system requirements in 42 U.S.C. 3004(o) (1) and
3005(j) (1) or 42 U.S.C. 3004 (o) (2) or (3) or 3005(j) (2), (3), (4), or (13)
must:
1. Submit with the request to modify the
permit:
(i) A contingent corrective measures
plan, unless a corrective action plan has already been submitted under
335-14-5-.06(10);
and
(ii) A plan for removing
hazardous wastes in compliance with 335-14-5-.07(4)(e)2.;
and
2. Remove all
hazardous wastes from the unit by removing all hazardous liquids, and removing
all hazardous sludges to the extent practicable without impairing the integrity
of the liner(s), if any.
3. Removal
of hazardous wastes must be completed no later than 90 days after the final
receipt of hazardous wastes. The Director may approve an extension to this
deadline if the owner or operator demonstrates that the removal of hazardous
wastes will, of necessity, take longer than the allotted period to complete and
that an extension will not pose a threat to human health and the
environment.
4. If a release that
is a statistically significant increase (or decrease in the case of pH) over
background values for detection monitoring parameters or constituents specified
in the permit or that exceeds the facility's groundwater protection standard at
the point of compliance, if applicable, is detected in accordance with the
requirements in Rule
335-14-5-.06,
the owner or operator of the unit:
(i) Must
implement corrective measures in accordance with the approved contingent
corrective measures plan required by 335-14-5-.07(4)(e)1. no later than one
year after detection of the release, or approval of the contingent corrective
measures plan, whichever is later;
(ii) May continue to receive wastes at the
unit following detection of the release only if the approved corrective
measures plan includes a demonstration that continued receipt of wastes will
not impede corrective action; and
(iii) May be required by the Director to
implement corrective measures in less than one year or to cease the receipt of
wastes until corrective measures have been implemented if necessary to protect
human health and the environment.
5. During the period of corrective action,
the owner or operator shall provide annual reports to the Director describing
the progress of the corrective action program, compile all groundwater
monitoring data, and evaluate the effect of the continued receipt of
non-hazardous wastes on the effectiveness of the corrective action.
6. The Director may require the owner or
operator to commence closure of the unit if the owner or operator fails to
implement corrective action measures in accordance with the approved contingent
corrective measures plan within one year as required in 335-14-5-.07(4)(e)4.,
or fails to make substantial progress in implementing corrective action and
achieving the facility's groundwater protection standard or background levels
if the facility has not yet established a groundwater protection
standard.
7. If the owner or
operator fails to implement corrective measures as required in
335-14-5-.07(4)(e)4. if the Director determines that substantial progress has
not been made pursuant to 335-14-5-.07(4) (e)6., he shall:
(i) Notify the owner or operator in writing
that the owner or operator must begin closure in accordance with the deadlines
in 335-14-5-.07(4)(a) and (b) and provide a detailed statement of reasons for
this determination.
(ii) Provide
the owner or operator and the public, through a newspaper notice, the
opportunity to submit written comments on the decision no later than 20 days
after the date of the notice.
(iii)
If the Director receives no written comments, the decision will become final
five days after the close of the comment period. The Director will notify the
owner or operator that the decision is final, and that a revised closure plan,
if necessary, must be submitted within 15 days of the final notice and that
closure must begin in accordance with the deadlines in 335-14-5-.07(4)(a) and
(b).
(iv) If the Director receives
written comments on the decision, he shall make a final decision within 30 days
after the end of the comment period, and provide the owner or operator in
writing and the public through a newspaper notice, a detailed statement of
reasons for the final decision. If the Director determines that substantial
progress has not been made, closure must be initiated in accordance with the
deadlines in 335-14-5-.07(4)(a) and (b).
(v) The final determinations made by the
Director under 335-14-5-.07(4)(e)7.(iii) and (iv) are not subject to
administrative appeal.
(5)
Disposal or decontamination
of equipment, structures, and soils. During the partial and final
closure periods, all contaminated equipment, structures, and soils must be
properly disposed of or decontaminated unless otherwise specified in
335-14-5-.09(9),
335-14-5-.10(8),
335-14-5-.11(9),
335-14-5-.12(9),
335-14-5-.13(11),
335-14-5-.14(11),
335-14-5-.19(1)
through (3),
335-14-5-.23(6),
335-14-5-.24,
or
335-14-5-.30(3).
By removing any hazardous wastes or hazardous constituents during partial and
final closure, the owner or operator may become a generator of hazardous waste
and must handle that waste in accordance with all applicable requirements of
335-14-3.
(6)
Certification of closure. Within 60 days of completion
of closure of each hazardous waste surface impoundment, waste pile, land
treatment, and landfill unit, and within 60 days of the completion of final
closure, the owner or operator must submit to the Director, by registered mail,
a certification that the hazardous waste management unit or facility, as
applicable, has been closed in accordance with the specifications in the
approved closure plan. The certification must be signed by the owner or
operator and by an independent registered professional engineer. Documentation
supporting the professional engineer's certification must be furnished to the
Director upon request until he releases the owner or operator from the
financial assurance requirements for closure under
335-14-5-.08(4)
(i).
(7)
Survey plat.
(a) No later than the submission of the
certification of closure of each hazardous waste disposal unit, the owner or
operator must submit to the local zoning authority, or the authority with
jurisdiction over local land use, and to the Director, a survey plat indicating
the location and dimensions of landfill cells or other hazardous waste disposal
units with respect to permanently surveyed benchmarks. This plat must be
prepared and certified by a professional land surveyor. The plat filed with the
local zoning authority, or the authority with jurisdiction over local land use,
must contain a note, prominently displayed, which states the owner's or
operator's obligation to restrict disturbance of the hazardous waste disposal
unit in accordance with the applicable requirements of 335-14-5-.07;
and
(b) Where closure does not
achieve the standard of unrestricted use, the owner or operator or other
responsible person must provide documentation of compliance with the
requirements of the Uniform Environmental Covenants Program in ADEM Admin. Code
div. 335-5.
(8)
Post-closure care and use of property.
(a)
1.
Post-closure care for each hazardous waste management unit subject to the
requirements of 335-14-5-.07(8) through (11) must begin after completion of
closure of the unit and continue for 30 years after that date, or for 30 years
after the date of issuance of a post-closure permit or in an enforceable
document (as defined in
335-14-8-.01(1)
(c)7.), whichever is later. Post-closure care
must consist of at least the following:
(i)
Monitoring and reporting in accordance with the requirements of
335-14-5-.06,.11,.12,.13,.14,.23,
and .24; and
(ii) Maintenance and
monitoring of waste containment systems in accordance with the requirements of
335-14-5-.06,.11,.12,.13,.14,.23,
and .24.
2. Any time
preceding partial closure of a hazardous waste management unit subject to
post-closure care requirements or final closure, or any time during the
post-closure period for a particular unit, the Department may, in accordance
with the permit modification procedures in 335-14-8:
(i) Shorten the post-closure care period
applicable to the hazardous waste management unit, or facility, if all disposal
units have been closed, if it finds that the reduced period is sufficient to
protect human health and the environment (e.g., leachate or groundwater
monitoring results, characteristics of the hazardous wastes, application of
advanced technology, or alternative disposal, treatment, or reuse techniques
indicate that the hazardous waste management unit or facility is secure);
or
(ii) Extend the post-closure
care period applicable to the hazardous waste management unit or facility if it
finds that the extended period is necessary to protect human health and the
environment (e.g., leachate or groundwater monitoring results indicate a
potential for migration of hazardous wastes at levels which may be harmful to
human health and the environment).
(iii) The post-closure care period
automatically extends through any time during which hazardous wastes remains in
a hazardous waste management unit unless the owner/operator is able to
demonstrate closure by removal in accordance with
335-14-8-.01(1)
c)5.
(b) The
Department may require, at partial and final closure, continuation of any of
the security requirements of
335-14-5-.02(5)
during part or all of the post-closure care period when:
1. Hazardous wastes may remain exposed after
completion of partial or final closure; or
2. Access by the public or domestic livestock
may pose a hazard to human health.
(c) Post-closure use of property on or in
which hazardous wastes remain after partial or final closure must never be
allowed to disturb the integrity of the final cover, liner(s), or any other
components of the containment system, or the function of the facility's
monitoring systems, unless the Department finds that the disturbance:
1. Is necessary to the proposed use of the
property, and will not increase the potential hazard to human health or the
environment; or
2. Is necessary to
reduce a threat to human health or the environment.
(d) All post-closure care activities must be
in accordance with the provisions of the approved post-closure plan as
specified in 335-14-5-.07(9).
(9)
Post-closure plan; amendment
of plan.
(a) Written plan. The
owner or operator of a hazardous waste disposal unit must have a written
post-closure plan. In addition, certain surface impoundments, waste piles, and
drip pads from which the owner or operator intends to remove or decontaminate
the hazardous wastes at partial or final closure are required by
335-14-5-.11(9)(c)
l.(ii),
335-14-5-.12(9)(c)
l.(ii), and
335-14-5-.23(6)(c)1.(ii)
to have contingent post-closure plans. Owners or operators of surface
impoundments, waste piles, and drip pads not otherwise required to prepare
contingent post-closure plans under
335-14-5-.11(9)
(c)1. (ii),
335-14-5-.12(9)
(c)1. (ii), and
335-14-5-.23(6)
(c)1. (ii) and other hazardous waste
management units and CAMUs which cannot demonstrate closure by removal must
submit a post-closure plan to the Director within 90 days from the date that
the owner or operator or Director determines that the hazardous waste
management unit must be closed as a landfill, subject to the requirements of
Rules 335-14-5-.07(8) through (11). The plan must be submitted with the permit
application, in accordance with
335-14-8-.02(5)(b)13.
and approved by the Director as part of the permit issuance procedures under
335-14-8. In accordance with
335-14-8-.03(3),
the approved post-closure plan will become a condition of any AHWMMA permit
issued.
(b) For each hazardous
waste management unit subject to the requirements of 335-14-5-.07, the
post-closure plan must identify the activities that will be carried on after
closure of each disposal unit and the frequency of these activities, and
include at least:
1. A description of the
planned monitoring activities and frequencies at which they will be performed
to comply with Rules
335-14-5-.06,.09,.10,.11,.12,.13,.14,.19,.23,.24,
and .30 during the post-closure care period; and
2. A description of the planned maintenance
activities, and frequencies at which they will be performed, to ensure:
(i) The integrity of the cap and final cover
or other containment systems in accordance with the requirements of
335-14-5-.06,.09,.10,.11,.12,.13,.14,.19,.23,.24,
and .30; and
(ii) The function of
the monitoring equipment in accordance with the requirements of
335-14-5-.06,.09,.10,.11,.12,.13,.14,.19,.23,.24,
and .30; and
3. The
name, address, and phone number of the person or office to contact about the
hazardous waste disposal unit or facility during the post-closure care
period.
4. For facilities where the
Department has applied alternative requirements at a regulated unit under
335-14-5-.06(1)
(f), 335-14-5-.07(1) (c), and/or
335-14-.08(1) (e), either the alternative requirements that apply to the
regulated unit, or a reference to the enforceable document containing those
requirements.
(c) Until
final closure of the facility, a copy of the approved post-closure plan must be
furnished to the Department upon request, including request by mail. After
final closure has been certified, the person or office specified in
335-14-5-.07(9)(b)3. must keep the approved post-closure plan during the
remainder of the post-closure period.
(d) Amendment of plan. The owner or operator
must submit a written request for a permit modification to authorize a change
in the approved post-closure plan in accordance with the applicable
requirements of 335-14-8. The written request must include a copy of the
amended post-closure plan for review or approval by the Department.
1. The owner or operator may submit a written
request to the Department for a permit modification to amend the post-closure
plan at any time during the active life of the facility or during the
post-closure care period.
2. The
owner or operator must submit a written request for a permit modification to
authorize a change in the approved post-closure plan whenever:
(i) Changes in operating plans or facility
design affect the approved post-closure plan, or
(ii) There is a change in the expected year
of final closure, if applicable, or
(iii) Events which occur during the active
life of the facility, including partial and final closures, affect the approved
post-closure plan, or
(iv) The
owner or operator requests the Department to apply alternative requirements to
a regulated unit under
335-14-5-.06(1)(f),
335-14-5-.07(1)(c), and/or
335-14-5-.08(1)
(e).
3. The owner or operator must submit a
written request for a permit modification at least 60 days prior to the
proposed change in facility design or operation, or no later than 60 days after
an unexpected event has occurred which has affected the post-closure plan. An
owner or operator of a surface impoundment, waste pile or drip pad that intends
to remove all hazardous waste at closure and is not otherwise required to
submit a contingent post-closure plan under
335-14-5-.11(9)(c)1.(ii),
335-14-5-.12(9)(c)1.(ii),
and
335-14-5-.23(6)(c)1.(ii)
must submit a post-closure plan to the Department no later than 90 days after
the date that the owner or operator or Department determines that the hazardous
waste management unit must be closed as a landfill, subject to the requirements
of Rule
335-14-5-.14(11).
The Department will approve, disapprove, or modify this plan in accordance with
the procedures in 335-14-8. In accordance with
335-14-8-.03(3),
the approved post-closure plan will become a permit condition.
4. The Department may request modifications
to the plan under the conditions described in 335-14-5-.07(9) (d)2. The owner
or operator must submit the modified plan no later than 60 days after the
Department's request, or no later than 90 days if the unit is a surface
impoundment, waste pile, or drip pad not previously required to prepare a
contingent post-closure plan. Any modifications requested by the Department
will be approved, disapproved, or modified in accordance with the procedures in
335-14-8.
(10)
Post-closure notices.
(a) No later than 60 days after certification
of closure of each hazardous waste disposal unit, the owner or operator must
submit to the local zoning authority, or the authority with jurisdiction over
local land use, and to the Department a record of the type, location, and
quantity of hazardous wastes disposed of within each cell or other disposal
unit of the facility. For hazardous wastes disposed of before January 12, 1981,
the owner or operator must identify the type, location, and quantity of the
hazardous wastes to the best of his knowledge and in accordance with any
records he has kept.
(b) Within 60
days of certification of closure of the first hazardous waste disposal unit and
within 60 days of certification of closure of the last hazardous waste disposal
unit, the owner or operator must:
1. Record,
in accordance with State of Alabama law, a notation on the deed to the facility
property or on some other instrument which is normally examined during title
search that will in perpetuity notify any potential purchaser of the property
that:
(i) The land has been used to manage
hazardous wastes; and
(ii) Its use
is restricted under Rule 335-14-5-.07; and
(iii) The survey plat and record of the type,
location, and quantity of hazardous wastes disposed of within each cell or
other hazardous waste disposal unit of the facility required by 335-14-5-.07(7)
and 335-14-5-.07(10)(a) have been filed with the local zoning authority or the
authority with jurisdiction over local land use and with the Department;
and
2. Submit a
certification, signed by the owner or operator, that he has recorded the
notation specified in 335-14-5-.07(10)(b)1., including a copy of the document
in which the notation has been placed, to the Department.
(c) If the owner or operator or any
subsequent owner or operator of the land upon which a hazardous waste disposal
unit is located wishes to remove hazardous wastes and hazardous waste residues,
the liner, if any, or contaminated soils, he must request a modification to the
post-closure permit in accordance with the applicable requirements in 335-14-8.
The owner or operator must demonstrate that the removal of hazardous wastes
will satisfy the criteria of 335-14-5-.07(8) (c). By removing hazardous waste,
the owner or operator may become a generator of hazardous waste and must manage
it in accordance with all applicable requirements of Division 335-14. If he is
granted a permit modification or otherwise granted approval to conduct such
removal activities, the owner or operator may request that the Director approve
either:
1. The removal of the notation on the
deed to the facility property or other instrument normally examined during
title search; or
2. The addition of
a notation to the deed or instrument indicating the removal of the hazardous
waste.
(11)
Certification of completion of post-closure care. No
later than 60 days after completion of the established post-closure care period
for each hazardous waste disposal unit, the owner or operator must submit to
the Department, by registered mail, a certification that the post-closure care
period for the hazardous waste disposal unit was performed in accordance with
the specifications in the approved post-closure plan. The certification must be
signed by the owner or operator and an independent registered professional
engineer. Documentation supporting the professional engineer's certification
must be furnished to the Department upon request until the Director releases
the owner or operator from the financial assurance requirements for
post-closure care under
335-14-5-.08(6)
(i).
Notes
Authors: Stephen C. Maurer; James W. Hathcock; Stephen A. Cobb; C. Edwin Johnston; Theresa A. Maines; Tracy P. Strickland; Metz P. Duites; Vernon H. Crockett; Sonja B. Favors; Brent A. Watson; Jonah L. Harris
Statutory Authority: Code of Ala. 1975, §§ 22-30-11, 22-30-12, 22-30-16.
State regulations are updated quarterly; we currently have two versions available. Below is a comparison between our most recent version and the prior quarterly release. More comparison features will be added as we have more versions to compare.
No prior version found.