Current through Register Vol. 54, No.43, October 26, 2024
Section 287.117 - Closure plan(a) A closure plan for a residual waste processing or disposal facility submitted under § 287.113 or 287.115 (relating to permitting procedure for unpermitted processing or disposal facilities; and filing by permitted facilities) shall show how the operator plans to close in a manner that will protect public health, safety and the environment. Except as provided in subsections (c) and (d), the closure plan shall be consistent, at a minimum, with the applicable regulations for the type of facility concerning the following: (1) Sedimentation and erosion control.(3) Water quality monitoring.(4) Bonding and insurance.(5) For residual waste landfills and residual waste disposal impoundments: (i) Final cover and grading.(ii) Leachate management.(iii) Gas venting and monitoring.(6) For residual waste disposal impoundments, waste solidification.(b) The Department may waive or modify the applicable regulations concerning subsection (a) if a person or municipality can demonstrate that an existing system or design performs at a level that is equivalent to the applicable regulations.(c) A person or municipality that has submitted a water quality monitoring plan and bonding as part of the notice required by § 287.111 (relating to notice by impoundments and unpermitted processing or disposal facilities) is not required to resubmit the information as part of the closure plan.(d) A person or municipality may propose, as part of the closure plan submitted under subsection (a), to remove standing liquids, waste and waste residues, liners, and underlying and surrounding contaminated soil, and to dispose of the waste material at a solid waste management facility that is permitted to accept the waste. The person or municipality may request final closure certification under § 287.342 (relating to final closure certification) upon completion of a closure plan approved under this section.(e) The Department may approve, approve with modifications, or disapprove a closure plan submitted under this subchapter.(f) A person or municipality may not implement a closure plan submitted under this subchapter until the Department has approved the closure plan.(g) A person or municipality that submitted a closure plan to the Department under § 287.113 shall cease receiving waste at the facility and begin implementation of the closure plan on the earliest of the following dates:(1) The date stated in the closure plan approved by the Department under this section.(h) A person or municipality that submitted a closure plan to the Department under § 287.115 shall cease receiving waste at the facility and begin implementation of the closure plan on the earliest of the following dates:(1) The date stated in the closure plan approved by the Department under this section.(3) When the facility reaches final permitted capacity.(i) The Department may require a person or municipality that closed a residual waste processing or disposal facility after September 7, 1980, to submit a closure plan under this section. The person or municipality shall submit the closure plan within 6 months after receiving written notice.(j) Groundwater degradation at a solid waste facility that ceased receiving waste after September 7, 1980, shall be remediated in accordance with one of the following: (1) An approved closure plan, permit or any administrative consent order, consent adjudication, judicially approved consent order or other settlement agreement entered into with the Department prior to January 13, 2001.(2) Section 287.342 (relating to final closure certification), if paragraph (1) is not applicable or if a remediation is conducted under a document in paragraph (1) that has been so modified and approved.The provisions of this §287.117 amended January 12, 2001, effective 1/13/2001, 31 Pa.B. 235. This section cited in 25 Pa. Code § 287.111 (relating to notice by impoundments and unpermitted processing or disposal facilities); 25 Pa. Code § 287.113 (relating to permitting procedure for unpermitted processing or disposal facilities); 25 Pa. Code § 287.115 (relating to filing by permitted facilities); 25 Pa. Code § 287.118 (relating to Departmental responsibilities); 25 Pa. Code § 287.312 (relating to existing facilities); and 25 Pa. Code § 287.371 (relating to insurance requirement).