340-094-0110 Closure and Post-Closure Care: 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 closure and post-closure care requirements in 40 CFR, Part 258, Subpart F. All municipal solid waste permittees shall also comply with this rule: (1) Two types of written closure plans shall be prepared. (a) The two types of closure plan are: (A) A Subtitle D or “worst-case” closure plan, as required by 40 CFR §258.60(c); and subsequently (B) A Final Engineered Site Closure Plan, as required by OAR 340-094-0100(2)(a), which shall include all the elements of and replace the “worst-case” closure plan. (b) Schedule for preparation of closure plans: (A) The “worst-case” closure plan shall be prepared and 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 Site Closure Plan shall be prepared and submitted to the Department five years before the anticipated final closure date, or at a date specified in the permittee’s closure permit pursuant to OAR 340-094-0100(2)(a). (2) Requirements for closure plans. A closure plan shall specify the procedures necessary to completely close the municipal solid waste landfill at the end of its intended operating life. (a) Requirements for the “worst-case” closure plan shall include all elements specified in 40 CFR §258.60, and consist of at least the following: (A) A description of the steps necessary to close al municipal solid waste landfill units at any point during their active life; (B) A description of the final cover system that is designed to minimize infiltration and erosion; (C) An estimate of the largest area of the municipal solid waste landfill unit ever requiring a final cover; (D) An estimate of the maximum inventory of wastes ever on-site over the active life of the landfill facility; and (E) A schedule for completing all activities necessary to satisfy the closure criteria in 40 CFR §258.60. (b) Requirements for the Final Engineered Site Closure Plan. In addition to the requirements for the “worst-case” closure plan, the Final Engineered Site 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 activities. (B) A description of how and when the facility will be closed. The description shall, to the extent practicable, show how the disposal site will be closed as filling progresses to minimize the area remaining to be closed at the time that the site stops receiving waste. A time schedule for completion of closure shall be included; (C) Details of final cover including soil texture, depth and slope; (D) Details of surface water drainage diversion; and (E) Other information requested by the Department necessary to determine whether the disposal site will comply with all applicable rules of the Department. (3) Department approval. The Final Engineered Site Closure Plan is subject to written approval by the Department. After approval by the Department, the permittee shall implement the Final Engineered Site Closure Plan within the approved time schedule. (4) Amendment of Plan. The approved Final Engineered Site Closure Plan may be amended at any item as follows: (a) The permittee must amend the plan whenever changes in operating plans or facility design, or changes in OAR 340 divisions 93 through 97, or events which occur during the active life of the landfill significantly affect the plan. The permittee must also amend the plan whenever there is a change in the expected year of closure. 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 closure requirements based on cause. The request must include evidence demonstrating to the satisfaction of the Department that: (A) The nature of the landfill makes the closure requirements unnecessary; or (B) The requested alteration of closure 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 alter the closure 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 DEQ 10-1994, f. & cert. ef. 5-4-94 DEQ 5-1993, f. & cert. ef. 3-10-93, Renumbered from 340-061-0033 DEQ 2-1984, f. & ef. 1-16-84