Or. Admin. Code § 340-104-0228

Current through Register Vol. 63, No. 12, December 1, 2024

Section 340-104-0228 - Closure and Post-Closure Care of Surface Impoundments

(1) The provisions of40 CFR 264.228(a)(1), and (c)are deleted and replaced with the requirements of sections (2), (3) and (4) of this rule.

(2) At closure, the owner or operator must remove or decontaminate all waste residues, contaminated containment system components (liners, etc.), contaminated subsoils, and structures and equipment contaminated with waste and leachate, and manage them as hazardous waste unless40 CFR 261.3(d)applies.

NOTE:The state program is more stringent than the federal program in that it requires the removal of all wastes, etc., at closure whereas the federal program gives the option of closing with wastes left in place.

(3) If, after removing or decontaminating all residues and making all reasonable efforts to effect removal or decontamination of contaminated components, subsoils, structures, and equipment as required in section (2) of this rule, the owner or operator finds that not all contaminated subsoils can be practicably removed or decontaminated, he must close the facility in accordance with the closure requirements of40 CFR 264.228(a)(2)and perform post-closure care in accordance with the closure and post-closure care requirements of40 CFR 264.228(b).

(4)

(a) The owner or operator of a surface impoundment that does not comply with the liner requirements of40 CFR 264.221(a)and is not exempt from them in accordance with40 CFR 264.221(b)must:

(A) Include in the closure plan for the surface impoundment under40 CFR 264.112both a plan for complying with section (2) of this rule and a contingency plan for complying with section (3) of this rule in case not all contaminated subsoils can be practicably removed at closure; and

(B) Prepare a contingent post-closure plan under40 CFR 264.118for complying with section (3) of this rule in case not all contaminated subsoils can be practicably removed at closure.

(b) The cost estimates calculated under40 CFR 264.142 and 264.144for closure and post-closure care of a surface impoundment subject to this section must include the cost of complying with the contingent closure plan and the contingent post-closure plan.

Or. Admin. Code § 340-104-0228

DEQ 8-1985, f. & ef. 7-25-85; DEQ 11-1995, f. & cert. ef. 5-19-95

Stat. Auth.:ORS 192,ORS 466.020 &ORS 646

Stats. Implemented:ORS 466.150 &ORS 466.215