Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart D - Environmental Health and Safety › Article VIII - Municipal Waste › Chapter 271 - MUNICIPAL WASTE MANAGEMENT-GENERAL PROVISIONS › Subchapter D - FINANCIAL ASSURANCES REQUIREMENTS › BOND AND TRUST REQUIREMENTS-RELEASE › Section 271.342 - Final closure certification

Current through Register Vol. 54, No. 28, July 13, 2024
(a) If
						  the operator of a municipal waste processing or disposal facility believes that
						  closure and postclosure requirements applicable to the facility have been met,
						  the operator may file a request for final closure certification with the
						  Department.
(b) The Department will
						  not issue a final closure certification unless the operator demonstrates that:
(1) The applicable operating requirements of
						  the act, the environmental protection acts, this title, the permit, the
						  approved closure plan and orders of the Department have been complied
						  with.
(2) For a municipal waste
						  landfill permitted on or after December 23, 2000, one of the following
						  remediation standards is met and maintained at and beyond 150 meters of the
						  perimeter of the permitted disposal area or at and beyond the property
						  boundary, whichever is closer:
(i) For
						  constituents for which an MCL has been promulgated under the Federal Safe
						  Drinking Water Act or the Pennsylvania Safe Drinking Water Act (42 U.S.C.A. §§
																300f-300j-18; and
						  35 P. S. §§
															721.1-721.17), the MCL for that
						  constituent.
(ii) For constituents
						  for which MCLs have not been promulgated, the background standard for the
						  constituent.
(iii) For constituents
						  for which the background standard is higher than the MCL or alternative
						  groundwater protection standard identified under subparagraph (iv), the
						  background standard.
(iv) For
						  constituents for which MCLs have not been established, an alternative
						  groundwater protection standard that satisfies the following criteria:
(A) The level is derived in a manner
						  consistent with Department guidelines for assessing the health risks of
						  environmental pollutants.
(B) The
						  level is based on scientifically valid studies conducted in accordance with
						  good laboratory practice standards ( 40 CFR Part 792 (relating to good
						  laboratory practice standards)) promulgated under the Toxic Substances Control
						  Act (15 U.S.C.A.
						  §§
																	2601-2692) or other
						  scientifically valid studies approved by the Department.
(C) For carcinogens, the level represents a
						  concentration associated with an excess lifetime cancer risk level (due to
						  continuous lifetime exposure) within the 1 x 10-4 to
						  1 x 10-6 range.
(D) For systemic toxicants, the level
						  represents a concentration to which the human population (including sensitive
						  subgroups) could be exposed on a daily basis that is likely to be without
						  appreciable risk of deleterious effects during a lifetime. For purposes of this
						  clause, systemic toxicants include toxic chemicals that cause effects other
						  than cancer or mutation.
(3) For a municipal waste landfill that
						  received waste between October 9, 1993, and December 23, 2000, one of the
						  following is met and maintained:
(i)
						  Groundwater remediation standards, including points of compliance, identified
						  in a closure plan approved prior to December 23, 2000.
(ii) Groundwater remediation standards
						  identified in paragraph (2), including the points of compliance.
(4) For other facilities, one of
						  the following groundwater remediation standards is met and maintained at the
						  identified compliance points:
(i) The
						  Statewide health standard at and beyond the property boundary.
(ii) The background standard at each well
						  selected to determine the extent of contamination, as identified in §
															273.286(c)(1)
						  (relating to groundwater assessment plan).
(iii) The site-specific standard at and
						  beyond the property boundary.
(5) No further remedial action, maintenance
						  or other activity by the operator is necessary to continue compliance with the
						  act, the environmental protection acts, this title, the permit, the approved
						  closure plan and orders of the Department.
(6) The facility is not causing adverse
						  effects on the environment and it is not causing a nuisance.