340-094-0115 Closure and Post-Closure Care: Post-Closure Plans 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 post-closure care requirements in 40 CFR, §258.61. All municipal solid waste permittees shall also comply with this rule. (1) Two types of written post-closure plans shall be prepared: (a) A “Subtitle D” post-closure plan as required by 40 CFR §258.61(c); and subsequently (b) A Final Engineered Post-closure Plan as required by OAR 340-094-0100(2)(b). When prepared, this shall include all requirements of and replace the “Subtitle D” post-closure plan. (2) Schedule for preparation of post-closure plans: (a) The “Subtitle D” post-closure plan shall be placed in the facility operating record and the Director shall be notified of that action no later than the effective dates specified in OAR 340-094-0001(2) or by the initial receipt of waste, whichever is later; (b) The Final Engineered Post-closure Plan shall be prepared in conjunction with and submitted to the Department together with the Final Engineered Site Closure Plan required by OAR 340-094-0100(2)(a). (3) Requirements for post-closure plans. Post-closure plans shall identify the post-closure activities which will be carried on to property monitor and maintain the closed municipal solid waste landfill site: (a) Requirements for the “Subtitle D” post-closure plan shall include all elements specified in 40 CFR §258.61, and consist of at least the following: (A) Maintaining the integrity and effectiveness of any final cover; (B) Maintaining and operating the leachate collection system; (C) Monitoring the groundwater; (D) Maintaining and operating the gas monitoring system; (E) Monitoring and providing security for the landfill site; and (F) Description of the planned uses of the property during the post-closure care period. (b) Requirements for the Final Engineered Post-closure Plan. In addition to the requirements for the “Subtitle D” post-closure plan, the Final Engineered Post-closure Plan shall consist of at least the following elements: (A) Detailed plans and specifications consistent with the applicable requirements of OAR 340-093-0140 and 340-094-0060(2), unless an exemption is granted as provided in OAR 340-093-0070(5); NOTE: If some of this information has been previously submitted, the permittee shall review and update it to reflect current conditions and any proposed changes in closure or post-closure activities. (B) Details of how leachate discharges will be minimized and controlled and treated if necessary; (C) Details of any landfill gas control facilities, their operation and frequency of monitoring; (D) A schedule of monitoring the site after closure; (E) A projected frequency of anticipated inspection and maintenance activities at the site after closure, including but not limited to repairing, recovering and regrading settlement areas, cleaning out surface water diversion ditches, and re-establishing vegetation; and (F) Any other information requested by the Department necessary to determine whether the disposal site will comply with all applicable rules of the Department. (c) Department approval. The Final Engineered Post-closure Plan is subject to written approval by the Department. After approval by the Department, the permittee shall implement the Final Engineered Post-closure Plan within the approved time schedule; (d) Amendment. The approved Final Engineered Post-closure Plan may be amended at any time as follows: (A) The permittee must amend the Plan whenever changes in operating plans or facility design, or changes in OAR 340 division 93 through 97, or events which occur during the active life of the landfill or during the post-closure care period, significantly affect the Plan. The permittee must submit the necessary plan amendments to the Department for approval within 60 days after such changes or as otherwise required by the Department; (B) The permittee may request to amend the Plan to alter the post-closure care requirements, or to extend or reduce the post-closure care period based on cause. The request must include evidence demonstrating to the satisfaction of the Department that: (i) The nature of the landfill makes the post-closure care requirements unnecessary; or (ii) The nature of the landfill supports reduction of the post-closure care period; or (iii) The requested extension in the post-closure care period or alteration of post-closure care requirements is necessary to prevent threat of adverse impact on public health, safety or the environment. (C) The Department may amend a permit to require the permittee to modify the Plan if it is necessary to prevent the threat of adverse impact on public health, safety or the environment. Also, the Department may extend or reduce the post-closure care period or alter the post-closure care requirements based on cause. Statutory/Other Authority: ORS 459.045, 459.046, 459A.025 & 468.020 Statutes/Other Implemented: ORS 459.268 & 459.270 History: DEQ 27-1998, f. & cert. ef. 11-13-98 DEQ 2-1995, f. & cert. ef. 1-10-95