Or. Admin. Code § 340-094-0100 - Closure and Post-Closure Care: Closure Permits
If a municipal solid waste landfill is subject to 40 CFR, Part 258 as provided in 40 CFR, § 258.1 , the owner or operator shall comply with closure criteria in 40 CFR, § 258.60 . All municipal solid waste permittees shall also comply with this rule:
(1) Closure Permit:
(a) At least five years prior to anticipated
closure of a municipal solid waste landfill, the person holding the disposal
site permit shall apply to renew the permit to cover the period of time
remaining for site operations, closure of the site, and all or part of the time
that active post-closure site maintenance is required by the Department. This
last permit issued before final closure of the landfill is scheduled to occur
shall be called a "closure permit";
(b) The person who holds or last held the
disposal site permit, or, if that person fails to comply, then the person
owning or controlling a municipal solid waste landfill that is closed and no
longer receiving solid waste after January 1, 1980, must continue or renew the
disposal site permit after the site is closed for the duration of the period in
which the Department continues to actively supervise the site, even though
solid waste is no longer received at the site.
(2) Applications for closure permits must
include but are not limited to:
(a) A Final
Engineered Site Closure Plan prepared in accordance with OAR
340-094-0110. In lieu of
requiring the Final Engineering Site Closure Plan as a part of the application
for a closure permit, the Department may specify a date in the closure permit
for submission of the Final Engineering Site Closure Plan;
(b) A Final Engineered Post-closure Plan
prepared in accordance with OAR
340-094-0115. In lieu of
requiring the Final Engineered Post-closure Plan as a part of the application
for a closure permit, the Department may specify a date in the closure permit
for submission of the Final Engineered Post-closure Plan;
(c) If the permittee does not own and control
the property, the permittee shall demonstrate to the Department that the
permittee has access to the landfill property after closure to monitor and
maintain the site and operate any environmental control facilities;
(d) If any person other than the permittee
assumes any responsibility for any closure or post-closure activities, that
responsibility shall be evidenced by a written contract between the permittee
and each person assuming any responsibility.
(3) While a closure permit is in effect, the
permittee shall submit a report to the Department within 90 days of the end of
the permittee's fiscal year or as otherwise required in writing by the
Department, which contains but is not limited to:
(a) An evaluation of the approved closure or
post-closure plan as applicable discussing current status, unanticipated
occurrences, revised closure date projections, necessary changes,
etc.;
(b) A copy of the annual
update of financial assurance as required by OAR
340-094-0140(6)(e).
If the financial mechanism used is a trust fund, the permittee shall include an
evaluation of the financial assurance plan documenting an accounting of amounts
deposited and expenses drawn from the fund, as well as its current balance.
This evaluation must also assess the adequacy of the financial assurance and
justify any changes in the plan;
(c) Other information requested by the
Department to determine compliance with the rules of the Department.
(4) The Department shall terminate
closure permits for municipal solid waste landfills not later than 30 years
after the site is closed unless the Department finds there is a need to protect
against a significant hazard or risk to public health or safety or the
environment.
(5) Any time after a
municipal solid waste landfill is closed, the permit holder may apply for a
termination of the permit, a release from one or more of the permit
requirements or termination of any applicable permit fee. Before the Department
grants a termination or release under this section, the permittee must
demonstrate and the Department must find that human health and the environment
will be protected and there is no longer a need for:
(a) Active supervision of the site;
(b) Maintenance of the site; or
(c) Maintenance or operation of any system or
facility on the site.
(6) The closure permit remains in effect and
is a binding obligation of the permittee until the Department terminates the
permit according to section (4) or (5) of this rule or upon issuance of a new
closure permit for the site to another person following receipt of a complete
and acceptable application.
Notes
Stat. Auth.: ORS 459.045,ORS 459.046,ORS 459A.025 &ORS 468.020
Stats. Implemented:ORS 459.268,ORS 459.270 &ORS 459.272
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