Md. Code Regs. 26.13.05.07

Current through Register Vol. 51, No. 22, November 1, 2024

Section 26.13.05.07 - Closure and Post-Closure

A. Applicability. Except as Regulation .01 of this chapter otherwise provides:

(1) Sections B-F(1) of this regulation, which concern closure, apply to the owners and operators of all hazardous waste facilities; and

(2) Sections F(2)-J of this regulation, which concern post-closure care, apply to the owners and operators of:

(a) All hazardous waste disposal facilities;

(b) Waste piles and surface impoundments from which the owner or operator intends to remove the waste at closure, to the extent that §§G-J of this regulation are made applicable to the facilities in Regulation .11G or .12I of this chapter;

(c) Tank systems that are required under Regulation .10-7 of this chapter to meet the requirements for landfills;

(d) Containment buildings that are required under Regulation .18-3C of this chapter to meet the requirements for landfills; and

(e) Hazardous waste munitions and explosives storage units that are required under Regulation .21C(3) of this chapter to meet the requirements for landfills.

B. Closure Performance Standard. The owner or operator of a facility shall close the facility in a manner that:

(1) Minimizes the need for further maintenance;

(2) Controls, minimizes, or eliminates, to the extent necessary to protect human health and the environment, post-closure escape of hazardous waste, hazardous constituents, leachate, contaminated runoff, or waste decomposition products to the ground water, or surface waters, or to the atmosphere; and

(3) Complies with the closure requirements:

(a) Of this regulation; and

(b) Referenced in this regulation and this chapter, including, but not limited to, closure requirements of Regulations .09I, .10-7, .11G, .12I, .13K, .14J, .16L, .16-1B-D, .18-3, and .21C of this chapter.

C. Closure Plan; Amendment of Plan.

(1) Written Plan.

(a) The owner or operator of a hazardous waste management facility shall:

(i) Have a written closure plan;

(ii) Have contingent closure plans for certain surface impoundments and waste piles from which the owner or operator intends to remove or decontaminate the hazardous waste at partial or final closure as required by Regulations .11G(3)(a) and .12I(3)(a) of this chapter;

(iii) Submit the required closure plan with the permit application;

(iv) Obtain the approval of the Secretary as part of the permit issuance procedures under COMAR 26.13.07; and

(v) Comply with the provisions of the approved closure plan, which will become a condition of any CHS facility permit.

(b) The Secretary's approval of the plan shall ensure that the approved closure plan is consistent with §§B -F(1) of this regulation and the applicable requirements of Regulations .06-.06-7, .09I, .10-7, .11G, .12I, .13K, .14J, .16L, .16-1B, .18-3, and .21C of this chapter.

(c) Until final closure is certified in accordance with §F of this regulation, the owner or operator shall, upon request by the Secretary, including requests by mail, furnish the Secretary with a copy of the approved plan and all approved revisions.

(2) Content of the Plan. The plan shall identify steps necessary to perform partial or final closure of the facility at any point during its active life. The closure plan shall include, at least:

(a) A description of how each hazardous waste management unit at the facility will be closed in accordance with §B, of this regulation.

(b) A description of how final closure of the facility will be conducted in accordance with §B of this regulation. The description shall identify the maximum extent of the operations which will be unclosed during the active life of the facility.

(c) An estimate of the maximum inventory of hazardous wastes ever on-site over the active life of the facility and a detailed description of the methods to be used during partial closures and final closure, including, but not limited to, methods for removing, transporting, treating, storing, or disposing of all hazardous wastes, and identification of the type or types of the off-site hazardous waste management units to be used, if applicable.

(d) A detailed description of the steps needed to remove or decontaminate all hazardous waste residues and contaminated containment system components, equipment, structures, and soils during partial and final closure, including, but not limited to, procedures for cleaning equipment and removing contaminated soils, methods for sampling and testing surrounding soils, and criteria for determining the extent of decontamination required to satisfy the closure performance standard.

(e) A detailed description of other activities necessary during the closure period to ensure that all partial closures and final closure satisfy the closure performance standards, including but not limited to ground water monitoring, leachate collection, and run-on and run-off control.

(f) A schedule for closure of each hazardous waste management unit and for final closure of the facility. The schedule shall include, at a minimum, the total time required to close each hazardous waste management unit and the time required for intervening closure activities which will allow tracking of the progress of partial and final closure. (For example, in the case of a landfill unit, estimates of the time required to treat or dispose of all hazardous waste inventory and of the time required to place a final cover shall be included.)

(g) For facilities that use trust funds to establish financial assurance under Regulation .08 and that are expected to close before the expiration of the permit, an estimate of the expected year of final closure.

(3) Amendment of the Plan.

(a) The owner or operator shall submit a written request for a permit modification to authorize a change in operating plans, facility design, or the approved closure plan in accordance with the procedures in COMAR 26.13.07. The written request shall include a copy of the amended closure plan for approval by the Secretary.

(b) The owner or operator may submit a written request to the Secretary for a permit modification to amend the closure plan at any time before the notification of partial or final closure of the facility.

(c) The owner or operator shall submit a written request for a permit modification to authorize a change in the approved closure plan whenever:

(i) Changes in operating plans or facility design affect the closure plan;

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

(iii) In conducting partial or final closure activities, unexpected events require a modification of the approved closure plan.

(d) The owner or operator shall submit a written request for a permit modification including a copy of the amended closure plan for approval at least 60 days before the proposed change in facility design or operation, or not later than 60 days after an unexpected event has occurred which has affected the closure plan. If an unexpected event occurs during the partial or final closure period, the owner or operator shall request a permit modification not later than 30 days after the unexpected event. 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 prepare a contingent closure plan under Regulation .11G(3)(a) or .12I(3)(a), of this chapter, shall submit an amended closure plan to the Secretary not later than 60 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 Regulation .14J, of this chapter, or not later than 30 days from that date if the determination is made during partial or final closure. The Secretary will approve, disapprove, or modify this amended plan in accordance with the procedures in COMAR 26.13.07. The approved closure plan will become a condition of any CHS facility permit issued.

(e) The Secretary may request modifications to the plan under the conditions described in §C(3)(b) of this regulation. The owner or operator shall submit the modified plan within 60 days of the Secretary's request, or within 30 days if the change in facility conditions occurs during partial or final closure. Any modifications requested by the Secretary will be approved in accordance with the procedures in COMAR 26.13.07.

(4) Notification of Partial Closure and Final Closure.

(a) The owner or operator of a facility shall notify the Secretary in writing at least:

(i) 60 days before the date on which the owner or operator expects to begin closure of a surface impoundment, waste pile, land treatment unit or landfill unit, or final closure of a facility with such a unit; and

(ii) 45 days before the date on which the owner or operator expects to begin final closure of a facility with only treatment or storage tanks, container storage, or incinerator units to be closed.

(b) For the purpose of §C(4)(a) of this regulation, the date when the owner or operator expects to begin closure shall be:

(i) Within 30 days after the date on which any hazardous waste management unit or facility received the known final volume of hazardous waste;

(ii) Not later than 1 year after the date on which the unit received the most recent volume of hazardous waste, if there is a reasonable possibility that the hazardous waste management unit or facility will receive additional hazardous waste; or

(iii) A later deadline established by the Secretary under §C(4)(c) of this regulation.

(c) The Secretary may approve an extension to the 1-year limit in §C(4)(b)(ii) of this regulation if the owner or operator can demonstrate to the Secretary that:

(i) The hazardous waste management unit or facility has the capacity to receive additional hazardous wastes; and

(ii) The owner or operator has taken, and will continue to take, all steps to prevent threats to human health and the environment, including compliance with all applicable permit requirements.

(d) If the owner or operator has been allowed to receive non-hazardous wastes in a landfill, land treatment, or surface impoundment unit after the final receipt of hazardous waste as provided by §D(6) of this regulation, the date when the owner or operator expects to begin closure for the purpose of §C(4)(a) of this regulation shall be not later than:

(i) 30 days after the date on which the hazardous waste management unit receives the known final volume of non-hazardous wastes;

(ii) 1 year after the date on which the unit received the most recent volume of non-hazardous waste, if there is a reasonable possibility that the unit will receive additional non-hazardous wastes; or

(iii) A later deadline established by the Secretary under §C(4)(e) of this regulation.

(e) The Secretary may approve an extension to the 1-year limit in §C(4)(d)(ii) of this regulation if the owner or operator can demonstrate to the Secretary that:

(i) The hazardous waste management unit has the capacity to receive additional non-hazardous waste; and

(ii) The owner or operator has taken, and will continue to take, all steps to prevent threats to human health and the environment, including compliance with all applicable permit requirements.

(f) If the facility's permit is terminated, or if the facility is otherwise ordered, by judicial decree or final order under Environment Article, Title 7, Subtitle 2, Annotated Code of Maryland, to cease receiving hazardous wastes or to close, then the requirements of §C(4)(a)-(e) of this regulation do not apply. Instead, the owner or operator shall close the facility in accordance with the deadlines established in §D of this regulation.

(5) Removal of Wastes and Decontamination or Dismantling of Equipment. Nothing in this section shall preclude the owner or operator from removing hazardous wastes and decontaminating or dismantling equipment in accordance with the approved partial or final closure plan at any time before or after notification of partial or final closure.

D. Closure; Time Allowed for Closure.

(1) Except as provided in §D(2) of this regulation, within 90 days after receiving the final volume of hazardous wastes at a hazardous waste management unit or facility, or the final volume of non-hazardous wastes if the owner or operator complies with all the requirements in §D(6)-(8) of this regulation, the owner or operator shall treat, remove from the unit or facility, or dispose of on-site, all hazardous wastes in accordance with the approved closure plan.

(2) The Secretary may approve a longer period than that specified in §D(1) of this regulation if the owner or operator complies with all applicable requirements for requesting a modification to the permit and demonstrates that the owner or operator has taken and will continue to take all steps to prevent threats to human health and the environment, including compliance with all applicable permit requirements, and either:

(a) The activities required to comply with §D(1) of this regulation either will, of necessity, take longer than 90 days to complete; or

(b) The following conditions are met:

(i) The hazardous waste management unit or facility has the capacity to receive additional hazardous wastes, or has the capacity to receive non-hazardous wastes if the owner or operator complies with the requirements of §D(6)-(8) of this regulation,

(ii) There is a reasonable likelihood that the owner or operator or another person will recommence operation of the hazardous waste management unit or the facility within 1 year, and

(iii) Closure of the hazardous waste management unit or facility would be incompatible with continued operation of the site.

(3) Except as provided in §D(4) of this regulation, the owner or operator shall, within 180 days after receiving the final volume of hazardous wastes at the hazardous waste management unit or facility, or the final volume of non-hazardous wastes if the owner or operator complies with the requirements of §D(6)-(8) of this regulation, complete partial and final closure activities in accordance with the approved closure plan.

(4) The Secretary may approve an extension to the closure period specified in §D(3) of this regulation if the owner or operator complies with all applicable requirements for requesting a modification to the permit and demonstrates that the owner or operator has taken, and will continue to take, all steps to prevent threats to human health and the environment from the unclosed but not operating hazardous waste management unit or facility, including compliance with all applicable permit requirements, and either:

(a) The partial or final closure activities will, of necessity, take longer than 180 days to complete; or

(b) The following conditions are met:

(i) Closure of the hazardous waste management unit or facility would be incompatible with continued operation of the site;

(ii) The hazardous waste management unit or facility has the capacity to receive additional hazardous wastes or has the capacity to receive non-hazardous wastes if the owner or operator complies with the requirements of §D(6)-(8) of this regulation; and

(iii) There is reasonable likelihood that the owner or operator will recommence operation of the hazardous waste management unit or facility within 1 year.

(5) The demonstrations referred to in §D(2) and (4) of this regulation shall be made as follows:

(a) The demonstration in §D(2) of this regulation shall be made at least 30 days before the expiration of the 90-day period in §D(1) of this regulation; and

(b) The demonstration in §D(4) of this regulation shall be made at least 30 days before the expiration of the 180-day period in §D(3) of this regulation.

(6) The Secretary may allow an owner or operator to receive only non-hazardous wastes in a landfill, land treatment unit, or surface impoundment unit after the final receipt of hazardous wastes at the unit if the owner or operator:

(a) Submits a request for a CHS permit modification in accordance with the requirements of COMAR 26.13.07; and

(b) Demonstrates in the request for permit modification required by §D(6)(a) of this regulation that:

(i) The unit has the existing design capacity, as indicated on the part A permit application, to receive non-hazardous wastes;

(ii) There is a reasonable likelihood that the owner or operator or another person will receive non-hazardous wastes in the unit within 1 year after the final receipt of hazardous wastes;

(iii) The non-hazardous wastes will not be incompatible with any remaining wastes in the unit, or with the design and operating requirements of the unit or facility;

(iv) Closure of the hazardous waste management unit would be incompatible with the continued operation of the unit or facility; and

(v) The owner or operator is operating and will continue to operate in compliance with all applicable permit requirements;

(c) Includes, in the request to modify the permit:

(i) An amended waste analysis plan;

(ii) A ground water monitoring and response program;

(iii) The human exposure assessment required under RCRA § 3019; and

(iv) Closure and post-closure plans;

(d) Includes, in the request to modify the permit, updated cost estimates and demonstrations of financial assurance for closure and post-closure as necessary and appropriate to reflect any:

(i) Changes due to the presence of hazardous constituents in the non-hazardous waste; and

(ii) Changes in closure activities, including the expected year of closure if applicable under §C(2)(g) of this regulation, as a result of the receipt of non-hazardous wastes following the final receipt of hazardous wastes;

(e) Includes, in the request to modify the permit, all revisions to affected conditions of the permit as necessary and appropriate, to account for the receipt of non-hazardous wastes following receipt of the final volume of hazardous wastes;

(f) Submits the request to modify the permit and the demonstrations referred to in §D(6)(a)-(d) of this regulation to the Secretary within the later of the following two time periods:

(i) Not later than 120 days before the date on which the owner or operator of the facility received the known final volume of hazardous wastes, or

(ii) Not later than 90 days after October 16, 2000;

(g) Complies with the requirements of §D(7) and (8) of this regulation if the owner or operator is seeking to receive additional wastes in a surface impoundment that is not in compliance with the liner and leachate collection system requirements of:

(i) § 3004(o)(1) of RCRA, except as otherwise provided in § 3004(o)(2) and (3) of RCRA; and

(ii) § 3005(j)(1) of RCRA, except as otherwise provided in § 3005(j)(2), (3) (4) or (13) of RCRA; and

(h) Complies with applicable requirements to obtain permits under:

(i) COMAR 26.04.07; and

(ii) COMAR 26.11.19.20 o.

(7) In addition to the requirements of §D(6) of this regulation, the owner or operator of a hazardous waste surface impoundment identified in §D(6)(g) of this regulation shall:

(a) Submit, with the request for permit modification required by §D(6)(a) of this regulation:

(i) A contingent corrective measures plan, unless the owner or operator has already submitted a corrective action plan under Regulation .06-5 of this chapter; and

(ii) A plan for removing hazardous wastes in compliance with §D(7)(b) of this regulation;

(b) Remove all hazardous wastes from the unit by removing all hazardous liquids, and removing all hazardous sludges to the extent practicable without impairing the integrity of the liner or liners, if any;

(c) Complete the removal of hazardous wastes from the unit not later than:

(i) 90 days after the final receipt of hazardous wastes; or

(ii) A later deadline approved by the Secretary if the owner or operator demonstrates that the removal of hazardous wastes will, of necessity, take longer than 90 days to complete, and that an extension beyond the 90-day deadline will not pose a threat to human health and the environment;

(d) Comply with the following requirements if there is a release detected in accordance with the requirements of Regulations .06-.06-7 of this chapter that is a statistically significant increase over background values for detection monitoring parameters or constituents specified in the permit, that is a statistically significant decrease with respect to background values in the case of pH if pH is specified in the permit, or that exceeds the facility's ground water protection standard at the point of compliance, if applicable:

(i) Implement corrective measures in accordance with the approved contingent corrective measures plan required by §D(7)(a)(i) of this regulation not later than 1 year after detection of the release, or approval of the contingent corrective measures plan, whichever is later;

(ii) Discontinue receipt of wastes at the unit following detection of the release unless the approved corrective measures plan includes a demonstration that continued receipt of wastes will not impede corrective action;

(iii) Implement corrective measures in less than 1 year if required by the Secretary on the basis that doing so is necessary to protect human health and the environment; and

(iv) Cease the receipt of wastes if required by the Secretary on the basis that doing so is necessary to protect human health and the environment;

(e) Provide semiannual reports to the Secretary during the period of corrective action that:

(i) Describe the progress of the corrective action program;

(ii) Compile all ground water monitoring data; and

(iii) Evaluate the effect of the continued receipt of non-hazardous waste on the effectiveness of the corrective action; and

(f) Commence closure of the unit if required to do so by the Secretary, based on the owner or operator failing to:

(i) Implement corrective action measures in accordance with the approved contingent corrective measures plan required by §D(7)(a)(i) of this regulation within 1 year, as required by §D(7)(d)(i) of this regulation; or

(ii) Make substantial progress in implementing corrective action and achieving the facility's ground water protection standard, or background levels if the facility has not yet established a ground water protection standard.

(8) The following requirements apply if the owner or operator fails to implement corrective measures as required by §D(7)(d) of this regulation, or if the Secretary determines, under §D(7)(f)(ii) of this regulation, that the owner or operator has not made substantial progress in implementing corrective action and achieving the goals of the corrective action program:

(a) The Secretary shall notify the owner or operator in writing that the owner or operator shall begin closure in accordance with the deadlines in §D(1)-(4) of this regulation, and provide a detailed statement of the reasons for this determination;

(b) The Secretary shall provide the owner or operator and the public, through a newspaper notice, the opportunity to submit written comments on the decision described in §D(8)(a) of this regulation not later than 20 days after the date of the notice;

(c) If the Secretary receives no written comments in response to the notice described in §D(8)(b) of this regulation:

(i) The decision described in §D(8)(a) of this regulation becomes final 5 days after the close of the public comment period under §D(8)(b) of this regulation;

(ii) The Secretary shall notify the owner or operator that the decision described in §D(8)(a) of this regulation is final;

(iii) The Secretary shall notify the owner or operator that the owner or operator shall submit a revised closure plan, if necessary, within 15 days of the final notice; and

(iv) The Secretary shall notify the owner or operator that the owner or operator shall begin closure in accordance with the deadlines in §D(1)-(4) of this regulation;

(d) If the Secretary receives written comments in response to the notice described in §D(8)(b) of this regulation, the Secretary shall:

(i) Make a final decision within 30 days after the end of the comment period; and

(ii) Provide a detailed statement of the reasons for the final decision to the owner or operator in writing, and to the public through a newspaper notice;

(e) If the Secretary's decision under §D(8)(d)(i) of this regulation is that the owner or operator has not made substantial progress under §D(7)(f)(ii) of this regulation in implementing corrective action and achieving the goals of the corrective action program, the owner or operator shall initiate closure in accordance with the deadlines in §D(1)-(4) of this regulation; and

(f) The final determinations made by the Secretary under §D(8)(c) and (d) of this regulation are not subject to administrative appeal.

(9) For the purposes of determining deadlines under this section, the date of receiving the final volume of hazardous waste at a hazardous waste management unit or facility includes the date:

(a) The facility's permit is terminated; and

(b) The facility is ordered to cease receiving hazardous waste or to close, as described in §C(4)(f) of this regulation.

E. Disposal or Decontamination of Equipment, Structures, and Soils. During the partial and final closure periods, all contaminated equipment, structures, and soils shall be properly disposed of or decontaminated unless otherwise specified in Regulations .10-7C, .11G, .12I, .13K, .14J, or .16-1B and D of this chapter. By removing any hazardous wastes or hazardous constituents during partial and final closure, the owner or operator may become a generator of hazardous waste and shall handle that waste in accordance with all applicable requirements of COMAR 26.13.03.

F. Certification of Closure.

(1) Within 60 days of completion of closure of each hazardous surface impoundment, waste pile, land treatment, and landfill unit, and within 60 days of the completion of final closure, the owner or operator shall submit to the Secretary, by registered mail, a certification that the hazardous waste management unit or facility, as applicable, has been closed in accordance with the specifications in the approved closure plan. The certification shall be signed by the owner or operator and by an independent registered professional engineer. Documentation supporting the independent registered professional engineer's certification shall be furnished to the Secretary upon request until the Secretary releases the owner or operator from the financial assurance requirements for closure under Regulation .08 of this chapter.

(2) Survey Plat. Not later than at the submission of the certification of closure of each hazardous waste disposal unit, the owner or operator shall submit to the local zoning authority, or the authority with jurisdiction over local land use, and to the Secretary, a survey plat indicating the location and dimensions of landfill cells or other hazardous waste disposal units with respect to permanently surveyed benchmarks. This plat shall be prepared and certified by a professional land surveyor. The plat filed with the local zoning authority, or the authority with jurisdiction over local land use, shall contain a note, prominently displayed, which states the owner's or operator's obligation to restrict disturbance of the hazardous waste disposal unit in accordance with the applicable requirements of Regulations .07 and .11-.14 of this chapter.

G. Post-Closure Care and Use of Property.

(1) Post-closure care for each hazardous waste management unit subject to the requirements of §§G-J shall begin after completion of closure of the unit and continue for 30 years after that date and shall consist of at least the following:

(a) Monitoring and reporting in accordance with the requirements of Regulations .06-.06-7, .11-.14, and .16-1 of this chapter; and

(b) Maintenance and monitoring of waste containment systems in accordance with the requirements of Regulations .06-.06-7, .11-.14, and .16-1 of this chapter.

(2) At any time preceding partial closure of a hazardous waste management unit subject to post-closure care requirements or final closure, or at any time during the post-closure period for a particular unit, the Secretary may, in accordance with the permit modification procedures in COMAR 26.13.07:

(a) Shorten the post-closure care period applicable to the hazardous waste management unit, or facility, if all disposal units have been closed, if he finds that the reduced period is sufficient to protect human health and the environment, such as when leachate or ground water monitoring results, characteristics of the hazardous wastes, application of advanced technology, or alternative disposal, treatment, or re-use techniques indicate that the hazardous waste management unit or facility is secure; or

(b) Extend the post-closure care period applicable to the hazardous waste management unit or facility if he finds that the extended period is necessary to protect human health and the environment, such as when leachate or ground water monitoring results indicate a potential for migration of hazardous wastes at levels which may be harmful to human health and the environment.

(3) The Secretary may require, at partial and final closure, continuation of any of the security requirements of Regulation .02E during part or all of the post-closure period when:

(a) Hazardous wastes may remain exposed after completion of partial or final closure; or

(b) Access by the public or domestic livestock may pose a hazard to human health.

(4) Post-closure use of property on or in which hazardous wastes remain after partial or final closure may not disturb the integrity of the final cover, liner or liners, or any other components of the containment system, or the function of the facility's monitoring systems, unless the Secretary finds that the disturbance:

(a) Is necessary to the proposed use of the property, and will not increase the potential hazard to human health or the environment; or

(b) Is necessary to reduce a threat to human health or the environment.

(5) All post-closure care activities shall be in accordance with the provisions of the approved post-closure plan as specified in §H of this regulation.

H. Post-Closure Plan; Amendment of Plan.

(1) Written Plan.

(a) The owner or operator of a hazardous waste disposal unit shall have a written post-closure plan.

(b) 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 Regulations .11G(3)(b) and .12I(3)(b) of this chapter to have contingency post-closure plans.

(c) Owners or operators of surface impoundments and waste piles not otherwise required to prepare contingent post-closure plans under Regulations .11G(3)(b) and .12I(3)(b) of this chapter shall 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 §§G-J of this regulation.

(d) The plan shall be submitted with the permit application in accordance with COMAR 26.13.07.02 o D(29) and approved by the Secretary as part of the permit issuance procedures under COMAR 26.13.07.20 o -.20-6.

(e) In accordance with COMAR 26.13.07.05 o, the approved post-closure plan will become a condition of any permit issued.

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

(a) A description of the planned monitoring activities and frequencies at which they will be performed to comply with Regulations .06-.06-7, ,11-.14, and .16-1 of this chapter during the post-closure care period;

(b) 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 Regulations .06-.06-7, .11-.14, and .16-1 of this chapter; and

(ii) The function of the monitoring equipment in accordance with the requirements of Regulations .06-.06-7, .11-.14, and .16-1 of this chapter; and

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

(3) Until final closure of the facility, a copy of the approved post-closure plan shall be furnished to the Secretary upon request, including request by mail. After final closure has been certified, the person or office specified in §H(2)(c) shall keep the approved post-closure plan during the remainder of the post-closure period.

(4) Amendment of Plan.

(a) The owner or operator shall request a permit modification to authorize a change in the approved post-closure plan in accordance with the applicable requirements of COMAR 26.13.07. The written request shall include a copy of the amended post-closure plan for approval by the Secretary.

(b) The owner or operator may submit a written 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.

(c) The owner or operator shall submit a written 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;

(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.

(d) The owner or operator shall submit a written request for a permit modification at least 60 days before the proposed change in facility design or operation, or not 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 Regulations .11G(3)(b) and .12I(3)(b) shall submit a post-closure plan to the Secretary not 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 Regulation .14J. The Secretary will approve, disapprove, or modify this plan in accordance with the procedures in COMAR 26.13.07. In accordance with COMAR 26.13.07.05 o, the approved post-closure plan will become a permit condition.

(e) The Secretary may request modifications to the plan under the conditions described in §H(4)(c), of this regulation. The owner or operator shall submit the modified plan not later than 60 days after the Secretary's request, or not 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 COMAR 26.13.07.

I. Post-Closure Notices.

(1) Not later than 60 days after certification of closure of each hazardous waste disposal unit, the owner or operator shall submit to the local zoning authority, or the authority with jurisdiction over local land use, and to the Secretary, a record of the type, location, and quantity of hazardous wastes disposed of within each cell or other disposal unit of the facility. For hazardous wastes disposed of before January 12, 1981, the owner or operator shall identify the type, location, and quantity of the hazardous wastes to the best of his knowledge and in accordance with any records he has kept.

(2) Within 60 days of certification of closure of the first hazardous waste disposal unit and within 60 days of certification of closure of the last hazardous waste disposal unit, the owner or operator shall:

(a) Record a notation on the deed to the facility property, or on some other instrument which is normally examined during title search, that will in perpetuity notify any potential purchaser of the property that:

(i) The land has been used to manage hazardous wastes;

(ii) Its use is restricted under COMAR 26.13.05.07 o; and

(iii) The survey plat and record of the type, location, and quantity of hazardous wastes disposed of within each cell or other hazardous waste disposal unit of the facility required by §§F(2) and I(1) of this regulation have been filed with the local zoning authority or the authority with jurisdiction over local land use and with the Secretary;

(b) Submit a certification, signed by the owner or operator, that he has recorded the notation specified in §I(2)(a), of this regulation, including a copy of the document in which the notation has been placed, to the Secretary.

(3) If the owner or operator or any subsequent owner or operator of the land upon which a hazardous waste disposal unit is located wishes to remove hazardous wastes and hazardous waste residues, the liner, if any, or contaminated soils, the owner or operator shall request a modification to the post-closure permit in accordance with the applicable requirements in COMAR 26.13.07.

(4) The owner or operator shall demonstrate that the removal of hazardous wastes from a hazardous wasste disposal unit will satisfy the criteria of §G(4) of this regulation. By removing hazardous waste, the owner or operator may become a generator of hazardous waste and shall manage it in accordance with all applicable requirements of COMAR 26.13.03. If the owner or operator is granted a permit modification or otherwise granted approval to conduct the removal activities, the owner or operator may request that the Secretary approve either:

(a) The removal of the notation on the deed to the facility property or other instrument normally examined during title search; or

(b) The addition of a notation to the deed or instrument indicating the removal of the hazardous waste.

J. Certification of Completion of Post-Closure Care.

(1) Not later than 60 days after completion of the established post-closure care period for each hazardous waste disposal unit, the owner or operator shall submit to the Secretary, by registered mail, a certification that the post-closure care period for the hazardous waste disposal unit was performed in accordance with the specifications in the approved post-closure plan.

(2) The certification required by §J(1) of this regulation shall be signed by the owner or operator and an independent registered professional engineer.

(3) Documentation supporting the independent registered professional engineer's certification shall be furnished to the Secretary upon request until the owner or operator is released from the financial assurance requirements for post-closure care under 40 CFR § 264.145(i), as incorporated by reference in Regulation .08 of this chapter.

Md. Code Regs. 26.13.05.07

Regulations .07 adopted as an emergency provision effective November 18, 1980 (7:25 Md. R. S-1); adopted permanently effective April 3, 1981 (8:7 Md. R. 642)
Regulations .07 amended effective January 31, 1983 (10:2 Md. R. 110)
Regulations .07C, D, G, H, amended effective February 13, 1984 (11:3 Md. R. 202)
Regulations .07A, D, I amended, effective July 30, 1984 (11:15 Md. R. 1330)
Regulation .07B amended effective April 18, 1988 (15:8 Md. R. 1009)
Regulation .07A, E, and F amended effective May 24, 1993 (20:10 Md. R. 853)
Regulation .07B, C, E, G, and H amended effective April 1, 1991 (18:6 Md. R. 690)
Regulation .07C_J repealed and new C_J adopted effective April 18, 1988 (15:8 Md. R. 1009)
Regulation .07B, F amended effective December 23, 1991 (18:25 Md. R. 2759)
Regulation .07D amended effective September 10, 1997 (24:5 Md. R. 413)
Regulation .07 amended effective May 1, 2008 (35:8 Md. R. 809)