7 Del. Admin. Code § 1302-264-G-264.118

Current through Reigster Vol. 28, No. 6, December 1, 2024

Section 1302-264-G-264.118 - Post-closure plan; amendment of plan

(a) Written Plan. The owner or operator of a hazardous waste disposal unit must have a written post-closure plan. In addition, certain surface impoundments and waste piles from which the owner or operator intends to remove or decontaminate the hazardous wastes at partial or final closure are required by §§ 264.228 (c)(1)(ii) and 264.258(c)(1)(ii) to have contingent post-closure plans. Owners or operators of surface impoundments and waste piles not otherwise required to prepare contingent post-closure plans under § 264.228 (c)(1)(ii) and 264.258(c)(1)(ii) must submit a post-closure plan to the Secretary within 90 days from the date that the owner or operator or Secretary determines that the hazardous waste management unit must be closed as a landfill, subject to the requirements of §§ 264.117 - 264.120. The plan must be submitted with the permit application, in accordance with § 122.14 (b)(13) of these regulations, and approved by the Secretary as part of the permit issuance procedures under Part 124 of these regulations. In accordance with § 122.32 of these regulations, the approved post-closure plan will become a condition of any permit issued.

(b) For each hazardous waste management unit subject to the requirements of this section, the post-closure plan must identify the activities that will be carried on after closure of each disposal unit and the frequency of these activities, and include at least:

(1) A description of the planned monitoring activities and frequencies at which they will be performed to comply with Subparts F, K, L, M, N and X of this part during the post-closure care period; and

(2) A description of the planned maintenance activities, and frequencies at which they will be performed, to ensure:

(i) The integrity of the cap and final cover or other containment systems in accordance with the requirements of Subparts K, L, M, N and X of this part; and

(ii) The function of the monitoring equipment in accordance with the requirements of Subparts F, K, L, M, N and X of this part, and

(3) The name, address, and phone number of the person or office to contact about the hazardous waste disposal unit or facility during the post-closure care period.

(4) For facilities where the Secretary has applied alternative requirements at a regulated unit under §§ 264.90 (f), 264.110(c), and/or § 264.140 (d), either the alternative requirements that apply to the regulated unit, or a reference to the enforceable document containing those requirements.

(c) Until final closure of the facility, a copy of the approved post-closure plan must be furnished to the Secretary upon request, including request by mail. After final closure has been certified, the person or office specified in § 264.118 (b)(3) must keep the approved post-closure plan during the remainder of the post-closure period.

(d) Amendment of plan. The owner or operator must request a permit notification or request for a permit modification to authorize a change in the approved post-closure plan in accordance with the applicable requirements of Parts 124 and 122. The written notification or request must include a copy of the amended post-closure plan for approval by the Secretary.

(1) The owner or operator may submit a written notification or request to the Secretary for a permit modification to amend the post-closure plan at any time during the active life of the facility or during the post-closure care period.

(2) The owner or operator must submit a written notification of or request for a permit modification to authorize a change in the approved post-closure plan whenever:

(i) Changes in operating plans or facility design affect the approved post-closure plan, or

(ii) There is a change in the expected year of final closure, if applicable, or

(iii) Events which occur during the active life of the facility, including partial and final closures, affect the approved post-closure plan.

(iv) The owner or operator requests the Secretary to apply alternative requirements to a regulated unit under §§ 264.90 (f), 264.110(c), and/or § 264.140(d).

(3) The owner or operator must submit a written request for a permit modification at least 60 days prior to the proposed change in facility design or operation, or no later than 60 days after an unexpected event has occurred which has affected the post-closure plan. An owner or operator of a surface impoundment or waste pile that intends to remove all hazardous waste at closure and is not otherwise required to submit a contingent post-closure plan under §§ 264.228(c)(1)(ii) and 264.258(c)(1)(ii) must submit a post closure plan

to the Secretary no later than 90 days after the date that the owner or operator or Secretary determines that the hazardous waste management unit must be closed as a landfill, subject to the requirements of § 264.310. The Secretary will approve, disapprove or modify this plan in accordance with the procedures in Parts 124 and 122. In accordance with § 122.32 of these regulations, the approved post-closure plan will become a permit condition.

(4) The Secretary may request modifications to the plan under the conditions described in § 264.118 (d)(2). The owner or operator must submit the modified plan no later than 60 days after the Secretary's request, or no later than 90 days if the unit is a surface impoundment or waste pile not previously required to prepare a contingent post-closure plan. Any modifications requested by the Secretary will be approved, disapproved, or modified in accordance with the procedures in Parts 124 and 122.

(Amended August 29, 1988; August 10, 1990, August 23, 1999)

7 Del. Admin. Code § 1302-264-G-264.118