Utah Admin. Code R315-264-113 - 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 Subsections
R315-264-113(d) and (e), at a hazardous waste management unit or facility, the
owner or operator shall 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 complies with all
applicable requirements for requesting a modification to the permit and
demonstrates that:
(1)
(i) The activities required to comply with
R315-264-113 will, of necessity, take longer than 90 days to complete; or
(ii)
(A) 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
Subsections R315-264-113(d) and (e); and
(B) 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
(C) 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 shall 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
Subsections R315-264-113(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)
(A) 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
Subsections R315-264-113(d) and (e); and
(B) 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
(C) 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 Subsections R315-264-113(a)(1) and (b)(1) shall
be made as follows:
(1) The demonstrations in
Subsection R315-264-113(a)(1) shall be made at least 30 days prior to the
expiration of the 90-day period in Subsection R315-264-113(a); and
(2) The demonstration in Subsection
R315-264-113(b)(1) shall be made at least 30 days prior to the expiration of
the 180-day period in Subsection R315-264-113(b), unless the owner or operator
is otherwise subject to the deadlines in Subsection R315-264-113(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 requests a permit modification in compliance with all applicable
requirements in Rules R315-270 and 124 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 Rule R315-264; 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, ground-water 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 Subsection
R315-264-112(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 Subsections R315-264-113(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 this rule in the state in which the unit is located, whichever is
later.
(e) In addition
to the requirements in Subsection R315-264-113(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 Subsection
R315-264-221(c)
or (d) shall:
(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 Section
R315-264-99;
and
(ii) A plan for removing
hazardous wastes in compliance with Subsection R315-264-113(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 shall 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 ground-water protection standard
at the point of compliance, if applicable, is detected in accordance with the
requirements in Sections
R315-264-90
through 101, the owner or operator of the unit:
(i) Shall implement corrective measures in
accordance with the approved contingent corrective measures plan required by
Subsection R315-264-113(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 ground-water
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 Subsection
R315-264-113(e)(4), or fails to make substantial progress in implementing
corrective action and achieving the facility's ground-water protection standard
or background levels if the facility has not yet established a ground-water
protection standard.
(7) If the
owner or operator fails to implement corrective measures as required in
Subsection R315-264-113(e)(4), or if the Director determines that substantial
progress has not been made pursuant to Subsection R315-264-113(e)(6) he shall:
(i) Notify the owner or operator in writing
that the owner or operator shall begin closure in accordance with the deadlines
in Subsections R315-264-113(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 shall become final five days after the close of the
comment period. The Director shall notify the owner or operator that the
decision is final, and that a revised closure plan, if necessary, shall be
submitted within 15 days of the final notice and that closure shall begin in
accordance with the deadlines in Subsections R315-264-113(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 shall be initiated in accordance with the
deadlines in Subsections R315-264-113(a) and (b).
(v) The final determinations made by the
Director under Subsections R315-264-113(e)(7) (iii) and (iv) are not subject to
administrative appeal.
Notes
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.