Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart D - Environmental Health and Safety › Article VII - Hazardous Waste Management › Chapter 264a - OWNERS AND OPERATORS OF HAZARDOUS WASTE TREATMENT, STORAGE AND DISPOSAL FACILITIES › Subchapter H - FINANCIAL REQUIREMENTS › Section 264a.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 or postclosure certification upon completion of closure or
						postclosure of the facility in accordance with
						40 CFR
						264.115 or
						264.120 (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 or postclosure 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 was
						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 in violation of this article, the act or the
						statutes 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 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 §
												264a.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.
This section cited in 25 Pa. Code §
														264a.115 (relating to certificate
							 of closure); and 25 Pa. Code §
														264a.120 (relating to
							 certification of completion of postclosure
							 care).