8 CAR § 60-810. Closure and financial assurance

(a) Closure notification. (1) Composting facilities shall notify the Division of Environmental Quality in writing sixty (60) days prior to the proposed termination date of the facility. (2) Within thirty (30) days of ceasing operations, all residuals, waste, etc., shall be removed from the site and disposed. (b) Closure plan submittals. (1) Composting facilities shall prepare and submit a closure plan containing a schedule and description of the steps necessary to close the facility. (2) Included in the plan shall be a detailed estimate of the cost required for a third party to perform the closure activities. (3) The plan shall also include the following provisions: (A) An updated plan shall be submitted periodically as required by the division; (B) The division shall be notified in writing sixty (60) days prior to the proposed termination date of the facility; and (C)(i) Within ten (10) days of ceasing operations, all residuals, waste, etc., shall be removed from the site and disposed. (ii) The facility will then arrange for a final cleaning of any containers, equipment, machines, floors, and facility surfaces having come in contact with source separated organic waste or solid waste. (iii) All closure activities shall be completed not later than forty-five (45) days after the termination date of the facility in this subdivision (b)(3)(C). (c) Financial assurance requirements. (1) Owners and operators of permitted compost facilities shall post financial assurance in accordance with the requirements of this part. (2) In considering the amount of financial assurance, the Director of the Division of Environmental Quality will base the decision upon: (A) The size of the facility and the risk of environmental contamination; and (B) One hundred fifty percent (150%) of the maximum permitted amount of all solid waste and compost ever stored on site at one time can be transported and disposed of by landfilling in a permitted Class 1 landfill by a third party. (d) Use of financial assurance funds. Financial assurance funds may be used, as determined by the director, for any reasonable purpose to remediate and mitigate any environmental, health, and safety hazards at the site should the owner or operator be unable or unwilling to fulfill the permit obligations of this part. (e) Financial assurance mechanisms. Owners or operators required by the director to post financial assurance shall choose an acceptable financial assurance mechanism from those listed in 8 CAR § 60-1405 and maintain the financial assurance until site closure has been conducted in accordance with the approved closure plan required under this section. Table 2 Compost Quality Verification PARAMETER UNIT LIMIT TEST METHOD Soluble salts – electrical mmhos/cm NCR Publication 221, Method 14; or EPA 9050A. conductivity Pathogens PFRP N/A EPA, 40 CFR ' 503 Appendix B(B)(1). Fecal coliform MPN/g 1000 Standard Methods 9221 E. or 9222 D. Salmonella MPN/4g 3 or less Standard Methods 9260 D. pH s.u. 5.5-8.5 NCR Publication 221, Method 14; or EPA 9045. Arsenic mg/kg 41 AOAC 975.03b(b) and EPA dry wt. 6010A or 7061A; or EPA 3050 and 6010A or 7061A. Cadmium mg/kg 39 AOAC 975.03B(b) and EPA dry wt. 6010A or 7130; or EPA 3050 and 6010A or 7130. Chromium mg/kg 1200 AOAC 975.03B(b) and EPA dry wt. 6010A or 7190; or EPA 3050 and 6010A or 7190. Copper mg/kg dry wt. 1500 AOAC 975.03B(b) and EPA 6010A or 7210; or EPA 3050 and 6010A or 7210. Lead mg/kg dry wt. 300 AOAC 975.03B(b) and EPA 6010A or 7420 or 7421; or EPA 3050 and 6010A or 7420 or 7421. Mercury mg/kg dry 17 AOAC 971.21; or EPA 7471A. wt. Molybdenum mg/kg dry wt. 54 AOAC 975.03B(b) and EPA 6010A or 7480 or 7481; or AOAC 985.01 and EPA 6010A or 7480 or 7481; or EPA 3050 and 6010A or 7480 or 7481. Nickel mg/kg dry wt. 420 AOAC 975.03(b) and EPA 6010A or 7520; or EPA 3050 and 6010A or 7520. Selenium mg/kg dry wt. 36 AOAC 975.03B(b) and EPA 7740 or 7741A; or EPA 3050 and 7740 or 7741A. Zinc mg/kg dry 2800 AOAC 975.03B(b) and EPA 6010A or 7950; or EPA 3050 and EPA wt. 6010A or 7950.