Ala. Admin. Code r. 335-14-6-.07 - Closure And Post-Closure
(1)
Applicability. Except as
335-14-6-.01(1)
provides otherwise:
(a)335-14-6-.07(2)
through 335-14-6-.07(6) (which concern closure) apply to the owners and
operators of all hazardous waste management facilities; and
(b)335-14-6-.07(7) through 335-14-6-.07(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 for 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
335-14-6-.11
( 9),
335-14-6-.12 ( 9), or
335-14-5-.23(6);
3. Tank systems that are required under
335-14-6-.10(8)
to meet requirements for landfills; and
4. Containment buildings that are required in
335-14-6-.30(3)
to meet the requirements for landfills; and
5. [Reserved]
6. Other hazardous waste management units
which are unable to demonstrate closure by removal.
(c)335-14-6-.07(12) applies to owners and
operators of units that are subject to the requirements of
335-14-8-.01(1)(c)7.
and are regulated under an enforceable document (as defined in
335-14-8-.01(l)(c)7.).
(d) The Department may replace all or part of
the requirements of 335-14-6-.07 (and the unit-specific standards in
335-14-6-.07(2)(c) ) applying to a regulated unit (as defined in
335-14-5-.06(1)
), with alternative requirements for closure set out in an approved closure or
post-closure plan, or in an enforceable document (as defined in
335-14-8-.01(1)
(c)l.), where the Department determines that:
1. A 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 the closure
requirements of 335-14-6-.07 (and/or those referenced herein) because the
alternative requirements will protect human health and the environment, and
will satisfy the closure performance standard of 335-14-6-.07(2)(a) and
(b).
(2)
Closure performance standard. 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
335-14-6-.07 including, but not limited to, the requirements of
335-14-6-.10(8)
,
335-14-6-.11(9),
335-14-6-.12(9),
335-14-6-.13(11),
335-14-6-.14(11),
335-14-6-.15(12),
335-14-6-.16(12),
335-14-6-.17(5),
335-14-6-.23(6),
335-14-6-.30(3),
and
335-14-7-.08(4)
[§266.103(1) of 40 CFR] .
(3)
Closure plan; amendment of
plan.
(a) Written plan. By May
19, 1981, or by six months after the effective date of the rule that first
subjects a facility to provisions of 335-14-6-.07(3), the owner or operator of
a hazardous waste management facility must have a written closure plan. Until
final closure is completed and certified in accordance with 335-14-6-.07(6), a
copy of the most current plan must be furnished to the Department upon request,
including request by mail. In addition, for facilities without approved plans,
it must also be provided during site inspections, on the day of inspection to
any officer, employee, or representative of the Department, who is duly
designated by the Department.
(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 335-14-6-.07(2); and
2. A description of how final closure of the
facility will be conducted in accordance with 335-14-6-.07(2). The description
must identify the maximum extent of the operation which will be unclosed during
the active life of the facility; and
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 and final
closure, including, but not limited to, methods for removing, transporting,
treating, storing, or disposing of all hazardous waste, identification of and
the type(s) of off-site hazardous waste management unit(s) 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 necessary to satisfy the closure performance standard;
and
5. A detailed description of
other activities necessary during the partial and final closure periods 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 of 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); and
7. An estimate of the expected year of final
closure for facilities that use trust funds to demonstrate financial assurance
under
335-14-6-.08
(4 ) or
335-14-6-.08(6)
and whose remaining operating life is less than 20 years, and for facilities
without approved closure plans.
8.
For facilities where the Department has applied alternative requirements at a
regulated unit under
335-14-6-.06(1)(f),
and/or 335-14-6-.07(1)(d), 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
may amend the closure plan at any time prior to the notification of partial or
final closure of the facility. An owner or operator with an approved closure
plan must submit a written request to the Department to authorize a change to
the approved closure plan. The written request must include a copy of the
amended closure plan for approval by the Department.
1. The owner or operator must amend the
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 closure plan.
(iv) The owner or operator requests the
Department to apply alternative requirements to a regulated unit under
335-14-6-.06(1)(f),
and/or 335-14-6-.07(1)(d).
2. The owner or operator must amend the
closure plan 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 amend the closure
plan no later than 30 days after the unexpected event. These provisions also
apply to owners or operators of surface impoundments, waste piles and drip pads
who intended to remove all hazardous wastes at closure, but are required to
close as landfills in accordance with
335-14-6-.14(11).
3. An owner or operator with an approved
closure plan must submit the modified plan to the Department at least 60 days
prior to the proposed change in facility design or operation, or no more than
60 days after an unexpected event has occurred which has affected the closure
plan. If an unexpected event has occurred during the partial or final closure
period, the owner or operator must submit the modified plan no more than 30
days after the unexpected event. These provisions also apply to owners or
operators of surface impoundments, waste piles, and drip pads who intended to
remove all hazardous wastes at closure but are required to close as landfills
in accordance with
335-14-6-.14(11).
If the amendment to the plan is a major modification according to the criteria
in
335-14-8-.04(2)
and
335-14-8-.04(3),
the modification to the plan will be approved according to the procedures in
335-14-6-.07(3) (d)4.
4. The
Department may request modifications to the plan under the conditions described
in 335-14-6-.07(3) (c) l. An owner or operator with an approved closure plan
must submit the modified plan within 60 days of the request from the Department
or within 30 days if the unexpected event occurs during partial or final
closure. If the amendment is considered a major modification according to the
criteria in
335-14-8-.04(2)
and
335-14-8-.04(3),
the modification to the plan will be approved in accordance with the procedures
in 335-14-6-.07(3)(d).
(d) Notification of partial closure and final
closure.
1. The owner or operator must submit
the closure plan to the Department at least 180 days prior to the date on which
he expects to begin closure of the first surface impoundment, waste pile, land
treatment, landfill, or drip pad unit, or final closure if it involves such a
unit, whichever is earlier. The owner or operator must submit the closure plan
to the Department at least 45 days prior to the date on which he expects to
begin partial or final closure of a boiler or industrial furnace. The owner or
operator must submit the closure plan to the Department at least 45 days prior
to the date on which he expects to begin final closure of a facility with only
tanks, container storage, or incinerator units. Owners or operators with
approved closure plans 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, landfill, land treatment, or drip pad unit, or final
closure of a facility involving such a unit. Owners or operators with approved
closure plans 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. Owners or operators with approved closure plans 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 tanks, container
storage, or incinerator units.
2.
The date when he "expects to begin closure" must be either:
(i) Within 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, and will continue to take, all steps to prevent threats to human health
and the environment, including compliance with all interim status requirements,
the Director may approve an extension to this one-year limit; or
(ii) For units meeting the requirements of
335-14-6-.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 interim status requirements, the Director may approve an
extension to this one-year limit.
3. The owner or operator must submit his
closure plan to the Department no later than 15 days after:
(i) Termination of interim status except when
a permit is issued simultaneously with termination of interim status;
or
(ii) Issuance of a judicial
decree or final order under AHWMMA or Section 3008 of RCRA to cease receiving
hazardous wastes or close.
4. Processing of closure plan.
(i) The Department shall not approve a
closure plan until it is determined to be complete. A plan is complete when the
Department receives all required information identified in
335-14-6-.07.
(ii) The Department
shall review for completeness every closure plan submitted for approval as
required by 335-14-6-.07(3). Upon completing the review, the Department shall
notify the owner or operator in writing whether the plan is complete. If the
plan is incomplete, the Department:
(I) Shall
list the information necessary to make the plan complete;
(II) Shall specify in the notice of
deficiency a date for submitting the necessary information; and
(III) May request any information necessary
to clarify, modify, or supplement previously submitted material; however,
requests for items not required by Rules 335-14-6-.07(2) through
335-14-6-.07(7) will not render a plan incomplete.
(iii) Once a closure plan is determined to be
complete, the Department will provide the owner or operator and the public,
through a newspaper notice, the opportunity to submit written comments on the
plan and request modifications to the plan no later than 30 days from the date
of the notice. It will also, in response to a request or at its own discretion,
hold a public hearing whenever such a hearing might clarify one or more issues
concerning a closure plan. The Department will give public notice of the
hearing at least 30 days before it occurs. [Public notice of the hearing may be
(but is not required to be) given at the same time as notice of the opportunity
for the public to submit written comments, and the two notices may be
combined.] The public comment period will automatically extend to the close of
any public hearing under 335-14-6-.07(3)(d). The hearing officer may also
extend the comment period by so stating at the hearing.
(iv) After considering any comments submitted
during the public comment period and public hearing (if held), the Director
will approve or disapprove the plan within 30 days of the close of the comment
period. If the Director does not approve the plan, he shall provide the owner
or operator with a detailed statement of reasons for the refusal, and the owner
or operator must modify the plan or submit a new plan for approval within 30
days after receiving such written statement. The Director will approve or
modify this plan in writing within 60 days of receipt. If the Director modifies
the plan, this modified plan becomes the approved closure plan. The Department
must assure that the approved closure plan is consistent with 335-14-6-.07(2)
through 335-14-6-.07(7) and the applicable requirements of
335-14-6-.06,
335-14-6-.09(9),
335-14-6-.10(8),
335-14-6-.11(9),
335-14-6-.12(9),
335-14-6-.13(11),
335-14-6-.14(11),
335-14-6-.15(12),
335-14-6-.16(12),
335-14-6-.17(5),
335-14-6-.23 ( 6) ,
335-14-6-.30
( 3) , and
335-14-7-.08(4)
[§266.103(1) of 40 CFR]. A copy of the
modified plan with a detailed statement of reasons for the modifications must
be mailed to the owner or operator.
(v) If an owner or operator fails or refuses
to correct deficiencies in the closure plan, the plan may be modified by the
Director and appropriate enforcement action may be taken by the
Department.
(e) Removal of wastes and decontamination or
dismantling of equipment. Nothing in 335-14-6-.07(3) 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 335-14-6-.07(4)(d) and (e), at a hazardous waste
management unit or facility, or within 90 days after approval of the closure
plan, whichever is later, 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 Director may approve a longer period if the
owner or operator demonstrates that:
1.
(i) The activities required to comply with
335-14-6-.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 facility owner or operator
complies with 335-14-6-.07(4)(d) and (e), and
(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 interim status 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 335-14-6-.07(4)(d) and (e), at the
hazardous waste management unit or facility, or 180 days after approval of the
closure plan, if that is later. The Director may approve an extension to the
closure period if the owner or operator 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 the final
volume of non-hazardous wastes if the owner or operator complies with all
applicable requirements in 335-14-6-.07(4)(d) and (e); and
(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 interim status requirement.
(c) The demonstrations referred to in
335-14-6-.07(4)(a) l. and (b)l. must be made as follows:
1. The demonstrations in 335-14-6-.07(4)(a)
l. must be made at least 30 days prior to the expiration of the 90-day period
in 335-14-6-.07(4)(a)1.; and
2. The
demonstration in 335-14-6-.07(4)(b) l. must be made at least 30 days prior to
the expiration of the 180-day period in 335-14-6-.07(4)(b), unless the owner or
operator is otherwise subject to the deadlines in 335-14-6-.07(4)(d).
(d) The Director 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 submits an amended Part B Application, or a Part B Application, if not
previously required and 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 335-14-6; 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 interim status
requirements; and
2. The
Part B Application 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
335-14-6-.07(3)(b)7., as a result of the receipt of non-hazardous wastes
following the final receipt of hazardous wastes; and
3. The Part B Application is amended, as
necessary and appropriate, to account for the receipt of non-hazardous wastes
following receipt of the final volume of hazardous wastes; and
4. The Part B Application and the
demonstrations referred to in 335-14-6-.07(4)(d) l. and (d)2. are submitted to
the Director no later than 180 days prior to the date on which the owner or
operator of the facility receives the known final volume of hazardous wastes or
no later than 90 days after the effective date of 335-14-6-.07 in the State in
which the unit is located, whichever is later.
(e) In addition to the requirements in
335-14-6-.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 Part B Application:
(i) A contingent corrective measures plan;
and
(ii) A plan for removing
hazardous wastes in compliance with 335-14-6-.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) in
hazardous constituents over background levels is detected in accordance with
the requirements in Rule
335-14-6-.06,
the owner or operator of the unit:
(i) Must
implement corrective measures in accordance with the approved contingent
corrective measures plan required by 335-14-6-.07(4) (e) l. no later than one
year after detection of the release, or approval of the contingent corrective
measures plan, whichever is later;
(ii) May 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 335-14-6-.07(4)(e)4.,
or fails to make substantial progress in implementing corrective action and
achieving the facility's background levels.
7. If the owner or operator fails to
implement corrective measures a required in 335-14-6-.07(4) (e)4., or if the
Director determines that substantial progress has not been made pursuant to
335-14-6-.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 335-14-6-.07(4)(a) and (b) and provide a
detailed statement of reasons for this determination, and
(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 335-14-6-.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
335-14-6-.07(4)(a) and (b).
(v) The
final determinations made by the Director under 335-14-6-.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
soil must be properly disposed of, or decontaminated unless specified otherwise
in
335-14-6-.09(9),
335-14-6-.10 (8 ) ,
335-14-6-.11(9),
335-14-6-.12(9),
335-14-6-.13(11),
335-14-6-.14(11),
335-14-6-.17(5),
335-14-6-.23(6),
or
335-14-6-.30
( 3) . By removing all 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 hazardous 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 completion of final closure, the owner or operator must
submit to the Department, 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 Department upon request until
it releases the owner or operator from the financial assurance requirements for
closure under Rule
335-14-6-.08(4)
(h).
(7)
Survey plat.
(a) No later than the submission of the
certification of closure of each hazardous waste disposal unit, an owner or
operator must submit to the local zoning authority, or the authority with
jurisdiction over local land use, and to the Department, 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 335-14-6-.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 335-14-6-.07(8) through 335-14-6-.07(11) must begin after
completion of closure of the unit and continue for 30 years after that date, or
the date of issuance of a post-closure permit or enforceable document (As
defined in
335-14-8-.01(1)(c)7.),
whichever date is later. It must consist of at least the following:
(i) Monitoring and reporting in accordance
with the requirements of Rules
335-14-6-.06,
335-14-6-.11
,
335-14-6-.12,
335-14-6-.13,
335-14-6-.14, and
335-14-6-.23;
and
(ii) Maintenance and monitoring
of waste containment systems in accordance with the requirements of Rules
335-14-6-.06,
335-14-6-.11
,
335-14-6-.12,
335-14-6-.13,
335-14-6-.14, and
335-14-6-.23.
2. Any time preceding
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 hazardous waste disposal unit, the Department may:
(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 waste, application of
advanced technology, or alternative disposal, treatment, or re-use 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).
(b) The Department may require, at partial
and final closure, continuation of any of the security requirements of
335-14-6-.02(5)
during part or all of the post-closure 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 Director 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 335-14-6-.07(9).
(9)
Post-closure plan; amendment
of plan.
(a) Written plan. By
May 19, 1981, the owner or operator of a hazardous waste disposal unit must
have a written post-closure plan. An owner or operator of a surface
impoundment, waste pile, drip pad, or other hazardous waste management unit
that intends to remove all hazardous wastes at closure must prepare a
post-closure plan and submit it to the Department within 90 days of the date
that the owner or operator or Department determines that the hazardous waste
management unit or facility must be closed as a landfill, subject to the
requirements of 335-14-6-.07(8) through 335-14-6-.07(11).
(b) Until final closure of the facility, a
copy of the most current post-closure plan must be furnished to the Department
upon request, including request by mail. In addition, for facilities without
approved post-closure plans, it must also be provided during site inspections,
on the day of inspection, to any officer, employee or representative of the
Department who is duly designated by the Department. After final closure has
been certified, the person or office specified in 335-14-6-.07(9) (c)3. must
keep the approved post-closure plan during the post-closure period.
(c) For each hazardous waste management unit
subject to the requirements of 335-14-6-.07(9), 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
335-14-6-.06,
335-14-6-.09,
335-14-6-. 10,
335-14-6-.11,
335-14-6-.12,
335-14-6-.13,
335-14-6-.14,
335-14-6-.17,
335-14-6-.23, and
335-14-6-.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 Rules
335-14-6-.06,
335-14-6-.09,
335-14-6-.10,
335-14-6-.11,
335-14-6-.12,
335-14-6-.13,
335-14-6-.14,
335-14-6-.17,
335-14-6-.23, and
335-14-6-.30;
(ii) The function of the monitoring equipment
in accordance with the requirements of Rules
335-14-6-.06,
335-14-6-.09,
335-14-6-.10,
335-14-6-.11,
335-14-6-.12,
335-14-6-.13,
335-14-6-.14,
335-14-6-.17,
335-14-6-.23, and
335-14-6-.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 subject
to 335-14-6 - . 07 (12), provisions that satisfy the requirements of
335-14-6-.07(12) (a) l. and 3 .
5.
For facilities where the Director has applied alternative requirements at a
regulated unit under
335-14-6-.06(1)
(f), and/or 335-14-6-.07(1) (d), either the
alternative requirements that apply to the regulated unit, or a reference to
the enforceable document containing those requirements.
(d) Amendment of plan. The owner or operator
may amend the post-closure plan any time during the active life of the facility
or during the post-closure care period. An owner or operator with an approved
post-closure plan must submit a written request to the Department to authorize
a change to the approved plan. The written request must include a copy of the
amended post-closure plan for approval by the Department.
1. The owner or operator must amend the
post-closure plan whenever:
(i) Changes in
operating plans or facility design affect the post-closure plan, or
(ii) Events which occur during the active
life of the facility, including partial and final closures, affect the
post-closure plan.
(iii) The owner
or operator requests the Director to apply alternative requirements to a
regulated unit under
335-14-6-.06(1)
(f), and/or 335-14-6-.07(1) (d).
2. The owner or operator must
amend the post-closure plan 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.
3. An owner or operator with an approved
post-closure plan must submit the modified plan to the Department at least 60
days prior to the proposed change in facility design or operation, or no more
than 60 days after an unexpected event has occurred which has affected the
post-closure plan. If an owner or operator of a surface impoundment, a waste
pile, or a drip pad who intended to remove all hazardous wastes at closure in
accordance with
335-14-6-.11(9)
(a),
335-14-6-.12(9)
(a), or
335-14-6-.23(6)(a)
is required to close as a landfill in accordance with
335-14-6-.14(11),
the owner or operator must submit a post-closure plan within 90 days of the
determination by the owner or operator or Department that the unit must be
closed as a landfill. If the amendment to the post-closure plan is a major
modification according to the criteria of
335-14-8-.04(2)
and
335-14-8-.04(3),
the modification to the plan will be approved according to the procedures in
335-14-6-.07(9)(f).
4. The
Department may request modifications to the plan under the conditions described
in 335-14-6-.07(9)(d) l. An owner or operator with an approved post-closure
plan must submit the modified plan no later than 60 days of the request from
the Department. If the amendment to the plan is considered a major modification
according to the criteria in
335-14-8-.04(2)
and (3), the modifications to the
post-closure care plan will be approved in accordance with the procedures in
335-14-6-.07(9)(f). If the Department determines that an owner or operator of a
surface impoundment, waste pile, or drip pad who intended to remove all
hazardous wastes at closure must close the facility as a landfill, the owner or
operator must submit a post-closure plan for approval to the Department within
90 days of the determination.
(e) The owner or operator of a facility with
hazardous waste management units subject to these requirements must submit his
post-closure plan to the Department at least 180 days before the date he
expects to begin partial or final closure of the first hazardous waste disposal
unit. The date he "expects to begin closure" of the first hazardous waste
disposal unit must be either within 30 days after the date on which the
hazardous waste management unit receives the known final volume of hazardous
waste, 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 wastes. The owner or operator must submit the post-closure plan to
the Department no later than 15 days after:
1. Termination of interim status (except when
a permit is issued to the facility simultaneously with termination of interim
status); or
2. Issuance of a
judicial decree or final orders under the AHWMMA to cease receiving wastes or
close.
(f) Processing of
post-closure plan.
1. The Department shall not
approve a post-closure plan until it is determined to be complete. A plan is
complete when the Department receives all required information identified in
335-14-6-.07.
2. The Department
shall review for completeness every post-closure plan submitted for approval as
required by 335-14-6-.07(9). Upon completing the review, the Department shall
notify the owner or operator in writing whether the plan is complete. If the
plan is incomplete, the Department:
(i) Shall
list the information necessary to make the plan complete;
(ii) Shall specify in the notice of
deficiency a date for submitting the necessary information; and
(iii) May request any information necessary
to clarify, modify, or supplement previously submitted material; however,
requests for items not required by Rules 335-14-6-.07(8) through
335-14-6-.07(11) will not render a plan incomplete.
3. Once a post-closure plan is determined to
be complete, the Department will provide the owner or operator and the public,
through a newspaper notice, the opportunity to submit written comments on the
plan and request modifications to the plan no later than 30 days from the date
of the notice.
It will also, in response to a request or at its own discretion, hold a public hearing whenever such a hearing might clarify one or more issues concerning a post-closure plan. The Department will give public notice of the hearing at least 30 days before it occurs. [Public notice of the hearing may be (but is not required to be) given at the same time as notice of the opportunity for the public to submit written comments, and the two notices may be combined.] The public comment period will automatically extend to the close of any public hearing under 335-14-6-.07(9)(f). The hearing officer may also extend the comment period by so stating at the hearing.
4. After considering any comments submitted
during the public comment period and public hearing (if held), the Director
will approve or disapprove the plan within 30 days of the close of the comment
period. If the Director does not approve the plan, he shall provide the owner
or operator with a detailed statement of reasons for the refusal, and the owner
or operator must modify the plan or submit a new plan for approval within 30
days after receiving such written statement. The Director will approve or
modify this plan in writing within 60 days of receipt. If the Director modifies
the plan, this modified plan becomes the approved post-closure plan. The
Department must assure that the approved post-closure plan is consistent with
Rules 335-14-6-.07 ( 8) through 335-14-6-.07(11) and the applicable
requirements of Rules
335-14-6-.06,
335-14-6-.09(9),
335-14-6-.10 (8 ) ,
335-14-6-.11(9),
335-14-6-.12(9),
335-14-6-.13(11),
335-14-6-.14(11),
and
335-14-6-.23(6).
A copy of the modified plan with a detailed statement of reasons for the
modifications must be mailed to the owner or operator.
5. If an owner or operator fails or refuses
to correct deficiencies in the post-closure plan, the plan may be modified by
the Director and appropriate enforcement action may be taken by the
Department.
6. The post-closure
plan may be processed for approval concurrently with the closure plan required
by Rule 335-14-6-.07(3) at the request of the Department or the owner or
operator, provided that the processing of the post-closure plan does not delay
the processing, approval, or implementation of the closure plan.
(g) The post-closure plan and
length of the post-closure care period may be modified any time prior to the
end of the post-closure care period in either of the following two ways:
1. The owner or operator of any member of the
public may petition the Department to extend or reduce the post-closure care
period applicable to a hazardous waste management unit or facility based on
cause, or alter the requirements of the post-closure care period based on
cause.
(i) The petition must include evidence
demonstrating that:
(I) The secure nature of
the hazardous waste management unit or facility makes the post-closure care
requirement(s) unnecessary or supports reduction of the post-closure care
period specified in the current post-closure plan (e.g., leachate or
groundwater monitoring results, characteristics of the wastes, application of
advanced technology or alternative disposal, treatment, or re-use techniques
indicate that the facility is secure), or
(II) The requested extension in the
post-closure care period or alteration of post-closure care requirements is
necessary to prevent threats to 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).
(ii)
These petitions will be considered by the Department only when they present new
and relevant information not previously considered by the Department. Whenever
the Department is considering a petition, it will provide the owner or operator
and the public, through a newspaper notice, the opportunity to submit written
comments within 30 days of the date of the notice. It will also, in response to
a request or at its own discretion, hold a public hearing whenever a hearing
might clarify one or more issues concerning the post-closure plan. The
Department will give the public notice of the hearing at least 30 days before
it occurs. (Public notice of the hearing may be given at the same time as
notice of the opportunity for written public comments, and the two notices may
be combined.) After considering the comments, the Director will issue a final
determination, based upon the criteria set forth in 335-14-6-.07(9) (g)
l.
(iii) If the Director denies the
petition, he will send the petitioner a brief written response giving a reason
for the denial.
2. The
Director may tentatively decide to modify the post-closure plan if he deems it
necessary to prevent threats to human health and the environment. He may
propose to extend or reduce the post-closure care period applicable to a
hazardous waste management unit or facility based on cause or alter the
requirements of the post-closure care period based on cause.
(i) The Department will provide the owner or
operator and the affected public, through a newspaper notice, the opportunity
to submit written comments within 30 days of the date of the notice and the
opportunity for a public hearing as in 335-14-6-.07(9)(g)1.(ii). After
considering the comments, the Director will issue a final
determination.
(ii) The Director
will base his final determination upon the same criteria as required for
petitions under 335-14-6-.07 (0(g)1.(i). A modification of the post-closure
plan may include, where appropriate, the temporary suspension rather than
permanent deletion of one or more post-closure care requirements. At the end of
the specified period of suspension, the Director would then determine whether
the requirement(s) should be permanently discontinued or reinstated to prevent
threats to human health and the environment.
(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 335-14-6-.07; and
(iii) The survey plat and record of the type,
location, and the quantity of hazardous wastes disposed of within each cell or
other hazardous waste disposal unit of the facility required by 335-14-6-.07(7)
and 335-14-6-.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 335-14-6-.07(10)(b) l. and 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 of the land upon which a hazardous waste disposal unit was
located wishes to remove hazardous wastes and hazardous waste residues, the
liner, if any, and all contaminated structures, equipment, and soils, he must
request a modification to the approved post-closure plan in accordance with the
requirements of 335-14-6-.07(9)(g). The owner or operator must demonstrate that
the removal of hazardous wastes will satisfy the criteria of
335-14-6-.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 the owner or operator is granted
approval to conduct the 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 the
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 it releases the owner or
operator from the financial assurance requirements for post-closure care under
335-14-6-.08(6)
(h).
(12) Post-closure requirements for facilities
that obtain enforceable documents in lieu of post-closure permits.
(a) Owners and operators who are subject to
the requirement to obtain a post-closure permit under
335-14-8-.01(1)(c),
but who obtain enforceable documents in lieu of post-closure permits, as
provided under
335-14-8-.01(1)
(c)7. must comply with the following
requirements:
1. The requirements to submit
information about the facility in
335-14-8-.02(19);
2. The requirements for facility-wide
corrective action in
335-14-5-.06(12).
3. The requirements of
335-14-5-.06(2)
through (11).
(b)
1. The
Department, in issuing enforceable documents under 335-14-6-.07(12) in lieu of
permits, will assure a meaningful opportunity for public involvement which, at
a minimum, includes public notice and opportunity for public comment:
(i) When the Department becomes involved in a
remediation at the facility as a regulatory or enforcement matter;
(ii) On the proposed preferred remedy and the
assumptions upon which the remedy is based, in particular those related to land
use and site characterization; and
(iii) At the time of a proposed decision that
remedial action is complete at the facility. These requirements must be met
before the Department may consider that the facility has met the requirements
of
335-14-8-.01(1)(c)7.,
unless the facility qualifies for a modification to these public involvement
procedures under 335-14-6-.07(12) (b)2. or 3.
2. If the Department determines that even a
short delay in the implementation of a remedy would adversely affect human
health or the environment, the Department may delay compliance with the
requirements of 335-14-6-.07(12)(b) l. and implement the remedy immediately.
However, the Department must assure involvement of the public at the earliest
opportunity, and, in all cases, upon making the decision that additional
remedial action is not needed at the facility.
3. The Department may allow a remediation
initiated prior to October 22, 1998 to substitute for corrective action
required under a post-closure permit even if the public involvement
requirements of 335-14-6-.07(12)(b) l. have not been met so long as the
Department assures that notice and comment on the decision that no further
remediation is necessary to protect human health and the environment takes
place at the earliest reasonable opportunity after October 22,
1998.
Notes
Authors: Stephen C. Maurer; Stephen A. Cobb; James W. Hathcock; C. Edwin Johnston; Theresa A. Maines; Vernon H. Crockett
Statutory Authority: Code of Ala. 1975, §§ 22-30 -11, 22-30-12; 22-30-16.
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