Rule 391-3-4-.12 - Post-Closure Care(1)40 CFR Part 258, Subpart F, Section 258.61, as amended, 56 Fed. Reg. 51016 (October 9, 1991); 57 Fed. Reg. 28628 (June 26, 1992) is hereby incorporated by reference:(2) The owner and/or operator of all landfills must conduct post-closure care for at least thirty (30) years after the Director has authorized the Post-Closure Permit. The Director may extend the post-closure care period where necessary to adequately protect human health and the environment.(3) The owner and/or operator shall be responsible for conducting all monitoring and corrective actions as needed to protect human health and the environment, including, but not limited to: (a) Methane monitoring, reporting and development of remediation plans in accordance with the requirements specified in paragraphs (h) and (v) of Rule 391-3-4-.07(3), and the approved plans developed for the facility.(b) Groundwater monitoring, reporting and development of corrective action plans in accordance with paragraph (v) of Rule 391-3-4-.07(3), 391-3-4-.14 and the approved plans developed for the facility.(4) Post-closure use of property must never be allowed to disturb the integrity of the final cover, liner(s), or any other components of the containment system, or the function of the monitoring systems, unless the Division determines that the activities are necessary to meet the requirements of this Chapter.(5) If the owner and/or operator or any subsequent owner or operator of the land upon which a landfill is located wishes to remove wastes and waste residues, the liner, if any, or contaminated soils, the owner or operator must request and receive written approval from the Division.(6) A copy of the post-closure care plan required under paragraph (1) of this Rule must be submitted as part of the permit application, or in the case of existing sites, within 180 days of being directed to do so by the Director.(7) Owners and operators of CCR units are exempt from this Rule and must meet the post-closure requirements in Rule 391-3-4-.10.(8) Reduction of Post-Closure Care. Unless the facility is in active remediation, the Director may reduce the post-closure care period at certain sites when the following is demonstrated: (a) No releases of contaminants above the groundwater protection standard or surface water instream standards are occurring, or where a statistically significant increase above background but statistically below the groundwater protection standard exists;(b) Methane from the site is not migrating above the Lower Explosive Limit at the property boundary; and(c) The landfill is stable and will not pose a threat to human health or the environment and is currently in the closure or post-closure period.(d) The post-closure care period at MSWLs must, at a minimum, be 30 years.(e) The Director may reduce the post-closure care period at Industrial Waste Disposal Facilities and Construction/Demolition Facilities where 391-3-4-.12(8)(a), (b), and (c) can be demonstrated to the satisfaction of the Director.(f) The Director may reduce the post-closure care period at sites permitted as Inert Waste Landfill Facilities where 391-3-4-.12(8)(b) and (c) can be demonstrated to the satisfaction of the Director.(g) The post-closure care period in (e) and (f) must, at a minimum, be 10 years.(9) Denial of reduction in Post-Closure Care. If an application for a reduction in post-closure care is denied by the Director, the applicant may request a subsequent review.Ga. Comp. R. & Regs. R. 391-3-4-.12
O.C.G.A. § 12-8-20 et seq., as amended.
Original Rule entitled "Post-Closure Care" was F. Jun. 9, 1989; eff. Jun. 29, 1989.Amended: F. Sept. 4, 1991; eff. Sept. 24, 1991.Amended: F. Jun. 7, 1993; eff. F. Jun. 27, 1993.Amended: F. Oct. 7, 1993; eff. Oct. 27, 1993.Amended: F. Nov. 2, 2016; eff. Nov. 22, 2016.Amended: F. Mar. 8, 2018; eff. Mar. 28, 2018.Amended: F. June 10, 2021; eff. June 30, 2021.