Utah Admin. Code R315-265-197 - Tank Systems - Closure and Post-Closure Care
(a) At closure of a tank system, the owner or
operator shall remove or decontaminate all waste residues, contaminated
containment system components, for example, liners, contaminated soils, and
structures and equipment contaminated with waste , and manage them as hazardous
waste , unless Subsection
R315-261-3(d)
applies. The closure plan , closure activities, cost estimates for closure, and
financial responsibility for tank systems shall meet all of the requirements
specified in Sections R315-265-110 through 265-121 and Sections R315-265-140
through 265-147.
(b) If the owner
or operator demonstrates that not all contaminated soils can be practicably
removed or decontaminated as required in Subsection R315-265-197(a), then the
owner or operator shall close the tank system and perform post-closure care in
accordance with the closure and post-closure care requirements that apply to
landfills,
40 CFR
265.310. In addition, for the purposes of
closure, post-closure, and financial responsibility, such a tank system is then
considered to be a landfill, and the owner or operator shall meet all of the
requirements for landfills specified in Sections R315-265-110 through 265-121
and Sections R315-265-140 through 265-147.
(c) If an owner or operator has a tank system
which does not have secondary containment that meets the requirements of
Subsections R315-265-193(b) through (f) and which is not exempt from the
secondary containment requirements in accordance with Subsection
R315-265-193(g), then,
(1) The closure plan
for the tank system shall include both a plan for complying with Subsection
R315-265-197(a) and a contingent plan for complying with Subsection
R315-265-197(b).
(2) A contingent
post-closure plan for complying with Subsection R315-265-197(b) shall be
prepared and submitted as part of the permit application.
(3) The cost estimates calculated for closure
and post-closure care shall reflect the costs of complying with the contingent
closure plan and the contingent post-closure plan , if these costs are greater
than the costs of complying with the closure plan prepared for the expected
closure under Subsection R315-265-197(a).
(4) Financial assurance must be based on the
cost estimates in Subsection R315-265-197(c)(3).
(5) For the purposes of the contingent
closure and post-closure plans, such a tank system is considered to be a
landfill, and the contingent plans shall meet all of the closure, post-closure,
and financial responsibility requirements for landfills under Sections
R315-265-110 through 265-121 and Sections R315-265-140 through
265-147.
Notes
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