Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart D - Environmental Health and Safety › Article VII - Hazardous Waste Management › Chapter 265a - INTERIM STATUS STANDARDS FOR OWNERS AND OPERATORS OF HAZARDOUS WASTE TREATMENT, STORAGE AND DISPOSAL FACILITIES › Subchapter H - FINANCIAL REQUIREMENTS › Section 265a.166 - Closure and postclosure certification

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The owner or operator shall submit a
						request for closure certification upon completion of closure of the facility in
						accordance with the provisions of
						40 CFR
						265.115 and
						265.120 (relating to certification
						of closure; and certification of completion of postclosure care).
(b) Within 60 days after receipt of a written
						request for closure or postclosure certification, the Department will initiate
						an inspection of the facility to verify that closure was effected in accordance
						with the approved facility closure or postclosure care plan and this
						article.
(c) If the Department
						determines that the facility closed in accordance with this article, and that
						there is no reasonable expectation of adverse effects upon the environment or
						the public health, safety and welfare, the Department will certify in writing
						to the owner or operator that closure or postclosure effected in accordance
						with this subchapter. Closure or postclosure certification may not take effect
						until 1 year after receipt of the Department's determination.
(d) The closure or postclosure certification
						does not constitute a waiver or release of bond liability or other liability
						existing in law for adverse environmental conditions or conditions of
						noncompliance existing at the time of the notice or which might occur at a
						future time, for which the owner or operator shall remain liable.
(e) The Department will not issue a closure
						or postclosure certification for a facility causing adverse effects on the
						public health, safety or welfare or the environment, creating a public
						nuisance, or is in violation of this article, the act or the statutes set forth
						in section 505(a) of the act (35 P. S. §
													6018.505(a)).
(f) At any time after issuance of a
						certification of closure or postclosure, if inspection by the Department
						indicates that additional postclosure care measures are required to abate or
						prevent any adverse effects upon the environment or the public health, safety
						and welfare, the Department will issue a written notice to the owner or
						operator setting forth the schedule of measures which the owner or operator
						shall take in order to bring the facility into compliance.
(g) At least 6 months prior to expiration of
						the 1 year liability period following closure and postclosure care, the
						Department will conduct an inspection of the facility. If the Department
						determines that the facility will continue to cause adverse effects upon the
						environment or the public health, safety and welfare after expiration of the 1
						year liability period, the Department will require the owner or operator to
						deposit a separate bond under §
												265a.164 (relating to separate
						bonding for a portion of a facility), or forfeit the bond under §
												264a.168 (relating to bond
						forfeiture) on deposit with the Department.