Cal. Code Regs. Tit. 22, § 66265.280 - Closure and Post-Closure

(a) In the closure plan under section 66265.112 and the post-closure plan under section 66265.118, the owner or operator shall address the following objectives and indicate how they will be achieved:

(1) prevention of the migration of hazardous waste and hazardous waste constituents from the treated area into the ground water;

(2) prevention of the release of contaminated run-off from the facility into surface water;

(3) prevention of the release of airborne particulate contaminants caused by wind erosion; and

(4) compliance with section 66265.276 concerning the growth of food-chain crops.

(b) The owner or operator shall consider at least the following factors in addressing the closure and post-closure care objectives of subsection (a) of this section:

(1) type and amount of hazardous waste and hazardous waste constituents applied to the land treatment facility;

(2) the mobility and the expected rate of migration of the hazardous waste and hazardous waste constituents;

(3) site location, topography, and surrounding land use, with respect to the potential effects of pollutant migration (e.g., proximity to ground water, surface water and drinking water sources);

(4) climate, including amount, frequency, and pH of precipitation;

(5) geological and soil profiles and surface and subsurface hydrology of the site, and soil characteristics, including cation exchange capacity, total organic carbon, and pH;

(6) vadose zone monitoring information obtained under section 66265.278; and

(7) type, concentration, and depth of migration of hazardous waste constituents in the soil as compared to their background concentrations.

(c) The owner or operator shall consider at least the following methods in addressing the closure and post-closure care objectives of subsection (a) of this section:

(1) removal of contaminated soils;

(2) placement of a final cover, considering:

(A) functions of the cover (e.g., infiltration control, erosion and run-off control, and wind erosion control); and

(B) characteristics of the cover, including material, final surface contours, thickness, porosity and permeability, slope, length of run of slope, and type of vegetation on the cover; and

(3) monitoring of ground water.

(d) In addition to the requirements of article 7 of this chapter, during the closure period the owner or operator of a land treatment facility shall:

(1) continue vadose zone monitoring in a manner and frequency specified in the closure plan, except that soil pore liquid monitoring may be terminated 90 days after the last application of waste to the treatment zone;

(2) maintain the run-on control system required under section 66265.272(b);

(3) maintain the run-off management system required under section 66265.272(c); and

(4) control wind dispersal of particulate matter which may be subject to wind dispersal.

(e) For the purpose of complying with section 66265.115, when closure is completed the owner or operator may submit to the Department certification both by the owner or operator and by an independent qualified soil scientist, or an independent California Certified Engineering Geologist, in lieu of an independent California registered professional engineer, that the facility has been closed in accordance with the specifications in the approved closure plan.

(f) In addition to the requirements of section 66265.117, during the post-closure care period the owner or operator of a land treatment unit shall:

(1) continue soil-core monitoring by collecting and analyzing samples in a manner and frequency specified in the post-closure plan;

(2) restrict access to the unit as appropriate for its post-closure use;

(3) control wind dispersal of hazardous waste.

Notes

Cal. Code Regs. Tit. 22, § 66265.280

1. New section filed 5-24-91; operative 7-1-91 (Register 91, No. 22).

Note: Authority cited: Sections 208, 25150 and 25159, Health and Safety Code. Reference: Sections 25150, 25159 and 25159.5, Health and Safety Code; 40 CFR Section 265.280.

1. New section filed 5-24-91; operative 7-1-91 (Register 91, No. 22).