7 Del. Admin. Code § 1302-265-G-265.110

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

Section 1302-265-G-265.110 - Applicability

Except as § 265.1 provides otherwise:

(a) Sections 265.111 - 265.115 (which concern closure) apply to the owners and operators of all hazardous waste management facilities; and

(b) Sections 265.116-265.120 (which concern post-closure care) apply to the owners and operators of:

(1) All hazardous waste disposal facilities;

(2) Waste piles and surface impoundments for which the owner or operator intends to remove the wastes at closure to the extent that these sections are made applicable to such facilities in §§ 265.228 or 265.258;

(3) Tank systems that are required under § 265.197 to meet requirements for landfills; and

(4) Containment buildings that are required under § 265.1102 to meet the requirements for landfills.

(c) Section 265.121 applies to owners and operators of units that are subject to the requirements of § 122.1 (c)(7) and are regulated under an enforceable document (as defined in § 122.1 (c)(7)).

(d) The Secretary may replace all or part of the requirements of this subpart (and the unit-specific standards in § 265.111 (c)) applying to a regulated unit (as defined in § 264.90), with alternative requirements for closure set out in an approved closure or post-closure plan, or in an enforceable document (as defined in § 122.1 (c)(7)), where the Secretary determines that:

(1) A regulated unit is situated among solid waste management units (or areas of concern), a release has occurred, and both the regulated unit and one or more solid waste management unit(s) (or areas of concern) are likely to have contributed to the release, and

(2) It is not necessary to apply the closure requirements of this subpart (and/or those referenced herein) because the alternative requirements will protect human health and the environment, and will satisfy the closure performance standard of § 265.111 (a) and (b).

(Amended August 29, 1988; August 10, 1990, August 1, 1995, August 23, 1999)

7 Del. Admin. Code § 1302-265-G-265.110