Current through Register Vol. XLI, No. 50, December 13, 2024
Section 33-3-4 - Closure Requirements for a Commercial Yard Waste Composting Facility4.1. Maintenance Minimization. The owner or operator shall close the facility in a manner that minimizes the need for further maintenance. All solid waste, compost, and residues shall be removed and disposed in a permitted solid waste disposal facility.
4.2. Closure Plan and Closure Plan Amendments. The owner or operator of a commercial yard waste composting facility shall have a written closure plan.
4.2.a. Closure Plan Inclusions. 4.2.a.1. This plan shall identify the steps necessary to completely close the facility at the time when its operation is most extensive or operating at peak capacity. The closure plan must include, at a minimum, a schedule for final closure, the anticipated date when wastes will no longer be received, the date when completion of final closure is anticipated, and intervening milestone dates which will allow tracking of the progress of closure.4.2.a.2. The closure plan shall be submitted to the Department of Environmental Protection as a part of the application for a permit. If the Secretary finds the closure plan is deficient, the closure plan shall be amended by the owner or operator within ninety (90) days of the Secretary=s finding. The permit will not be issued by the Department of Environmental Protection until the amended plan meets the closure requirements.4.2.b. Closure Plan Amendments. 4.2.b.1. The owner or operator shall update the closure plan with any changes in operation or facility design that affects the closure plan. The updated plan shall be submitted to the Department of Environmental Protection for approval fifteen (15) days prior to such changes. The Secretary may require modifications to any updated plan which does not meet the closure requirements.4.2.b.2. At any time during the operating life of the facility, the amended closure plan shall be made available to the Department of Environmental Protection or the county or regional solid waste authority upon request.4.3. Time Allowed for Closure. The owner or operator shall complete closure activities in accordance with the approved closure plan and within six months after receiving the final volume of wastes. The Secretary may approve a longer closure period if the owner or operator can demonstrate that the required or planned closure activities will, of necessity, take longer than six months to complete; and that he or she has taken all necessary steps to eliminate any threat to human health and the environment from the unclosed but inactive facility.
4.3.a. At least thirty (30) days prior to the beginning of closure activities, the owner or operator shall post a sign at all points of access to the facility notifying all persons of the closing, and state that further receipt of waste materials is prohibited. Further, upon closure, suitable barriers shall be installed at all former access points to prevent new waste from being deposited.4.3.b. Notice of the upcoming closure is a Class II legal advertisement which must be published in a local newspaper at least thirty (30) days prior to closure and a copy of the notice must be provided to the Secretary within ten (10) days of the date of publication.4.4. Site Reclamation Responsibilities. A uniform and compacted layer of soil that is at least six (6) inches in thickness and capable of supporting revegetation shall be placed over all disturbed land surface areas within the facility's boundaries. A revegetation plan shall be a part of the closure plan requirements and must conform with the provisions of subdivision 4.5.f of 33CSR1, the Solid Waste Management Rule.
4.5. Evidence of Proper Closure. A compost facility shall be considered properly closed when the actions required by subsection 4.4 of this rule have been taken by the owner or operator and duly authorized representatives of the Secretary verify compliance by an on-site inspection and provide a written confirmation that closure has been completed properly.