310 CMR, § 19.143 - Post-closure Use of Landfills

(1) Applicability. Pursuant to M.G.L. c. 111, § 150A no site on which a facility was operated shall be used for any other purpose without:

(a) a written approval for any post-closure use on a landfill's final cover or affecting an appurtenance to a landfill, including but not limited to appurtenances required for the management of leachate, landfill gas and stormwater; or

(b) a presumptive approval in accordance with 310 CMR 19.034 for any other type of post-closure use at a landfill facility.

(2) Submission of Post-closure Use Plans. Any person proposing to use a landfill for any purpose following closure of a facility shall submit plans for the post-closure use to the Department for review.

(3) Criteria for Approval of Post-closure Use. Any post-closure use of a landfill shall be accomplished such that:

(a) the final contours of the landfill are not altered, unless the Department determines:

1. the disturbance is necessary to the proposed use and that it will not result in an adverse impact to public health, safety or the environment; or

2. the disturbance is necessary to reduce threats to public health, safety or the environment;

(b) the integrity of the final cover, the components of any containment system and the function of the facility's monitoring systems are not impaired:

(c) drainage facilities, ponds, swales, ditches and other erosion/sedimentation controls are maintained.

(4) Post-closure Construction. Construction during the post-closure phase shall be accomplished in accordance with the following:

(a) buildings shall be above-grade structures. Any penetration of the landfill final cover shall be designed and constructed to ensure that the integrity of the final cover is maintained. Construction of basements which penetrate the low permeability layer is prohibited;

(b) buildings shall be constructed to prevent accumulation of gas within the structure. Buildings shall include gas monitoring and warning systems and may be required to include an active gas venting system; and

(c) all utility connections shall be designed and constructed with flexible connections.

Notes

310 CMR, § 19.143