New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 9 - SOLID WASTE › Part 6 - SOLID WASTE FACILITY AND COMPOSTING FACILITY CLOSURE AND POST-CLOSURE REQUIREMENTS › Section 20.9.6.8 - GENERAL REQUIREMENTS FOR CLOSURE AND POST CLOSURE CARE

Current through Register Vol. 35, No. 13, July 16, 2024
A. Closure and
				post-closure care plans are required of all solid waste facilities that
				operated on or after May 14, 1989. The owner or operator of a solid waste
				facility that has closed but not submitted a closure and post-closure care plan
				shall submit such a plan within 180 days of the effective date of these
				regulations. The submitted plan shall meet the requirements of 20.9.6
				NMAC.
B. The owner or operator of
				the solid waste facility shall prepare a written closure and post-closure care
				plan that describes the steps necessary for closure and post-closure care of
				the solid waste facility and any anticipated future uses of the property
				following closure.
C. Closure and
				post-closure care plans are required in the application for a permit or permit
				modification. One initial copy of the plan and two copies of the completed plan
				shall be submitted to the department.
D. The owner or operator of the solid waste
				facility shall notify the secretary in writing of the intent to close at least
				90 days before closure occurs and shall notify the secretary in writing within
				14 days after becoming a locked facility.
E. Closure and post-closure care plans for
				new solid waste facilities and modifications to existing facilities shall be
				approved as part of the facility permit.
F. All closure and post-closure care plans
				shall be approved by the secretary and may be subject to conditions.
G. Closure and post-closure care plans for
				existing non-permitted landfills that seek to close rather than continue to
				operate, shall be submitted for approval by the secretary within one year after
				the effective date of this part. The closure and post-closure care plan shall
				meet the requirements of 20.9.6 NMAC. After determining that the plan is
				complete, the secretary shall provide public notice of the plan in a newspaper
				of general circulation in the county where the facility is located. A
				non-adjudicatory hearing will be held if significant public interest warrants
				it. Approved closure and post-closure plans for unpermitted category 2 and 3
				landfills shall be enforceable as a permit or regulation for purposes of 20.9.2
				- 20.9.10 NMAC and the Solid Waste Act. Any landfill that operates after the
				effective date of these regulations shall have a closure and post-closure care
				plan approved as part of the permit, or shall seek approval of a closure and
				post-closure care plan.
H.
				Responses to the secretary's requests for additional information concerning a
				proposed closure and post-closure care plan shall be made within 90 days of
				receipt of such a request. The secretary may extend the response time for good
				cause.
I. Post-closure inspection
				and maintenance shall not be required of the facility if the owner or operator
				demonstrates to the secretary that all solid waste has been removed,
				requirements of the closure plan have been met, and following the removal of
				such wastes, a demonstration is made that the soil and ground water have not
				been contaminated.
J. All
				landfills, regardless of category, except construction and demolition debris
				landfills, which close after October 9, 1991, shall comply with the final cover
				requirements contained in 20.9.6.9 NMAC in addition to other closure
				requirements in effect at the time of closure.
K. The length of the post-closure care period
				may be decreased by the secretary if the owner or operator demonstrates that
				the reduced period is sufficient to protect public health, welfare, and the
				environment, or it may be increased by the secretary if the secretary
				determines that a longer period is necessary to protect health, welfare, and
				the environment. The time period for application of the provisions for
				financial assurance as defined in 20.9.10 NMAC shall be coincident with the
				time period of the post-closure care period. Any reduction or extension of the
				post-closure care period as described in this section shall be accompanied by
				an identical reduction or extension of the financial assurance
				provisions.
L. The owner or
				operator shall submit a closure report to the department within 60 days after
				closure completion. The report shall include:
(1) a summary of closure activities:
				and
(2) a certification by a New
				Mexico registered professional engineer that the closure of the solid waste
				facility has been completed and all conditions of the approved closure plan
				have been satisfied.