Procedures for Closure and Postclosure Maintenance

Section 1100.412  Procedures for Closure and Postclosure Maintenance a)         Notification of Closure The owner or operator must provide written notification of closure to the Agency within 30 days after the date the owner or operator is deemed to have completed filling under Section 1100.208(a). b)         Certification of Closure 1)         When the closure of the facility is complete, the owner or operator must submit to the Agency: A)        Documentation concerning closure of the facility, including, but not limited to, plans or diagrams of the facility as closed and the date closure was completed. B)        An affidavit by the owner or operator and the seal of a PE or PG that the facility has been closed in accordance with the closure plan and the closure requirements of this Part. 2)         When the Agency determines, pursuant to the information received pursuant to subsection (b)(1) of this Section and any Agency site inspection, that the facility has been closed in accordance with the specifications of the closure plan and the closure requirements of this Part, the Agency must: A)        Issue a certificate of closure; and B)        Specify the date the postclosure maintenance period begins, based on the date closure was completed. c)         Termination of the Permit 1)         At the end of the postclosure maintenance period, the owner or operator may submit to the Agency an application for termination of the permit.  The application must be submitted in a format prescribed by the Agency and must include, at a minimum, the certification of a PE or PG and the affidavit of the owner or operator demonstrating that, due to compliance with the postclosure maintenance plan and the postclosure maintenance requirements of this Part, postclosure maintenance is no longer necessary because: A)        Vegetation has been established on all nonpaved areas; B)        The surface has stabilized sufficiently with respect to settling and erosion so that further stabilization measures, pursuant to the postclosure maintenance plan, are no longer necessary; and C)        The owner or operator has completed all requirements of the postclosure maintenance plan. 2)         Within 90 days after receiving the certification required by subsection (c)(1), the Agency must notify the owner or operator in writing that the permit is terminated, unless the Agency determines, pursuant to the information received pursuant to subsection (c)(1) and any Agency site inspection, that continued postclosure maintenance is required pursuant to the postclosure maintenance plan and this Part. 3)         For purposes of appeal pursuant to Section 40(d) of the Act and the appeal provisions of this Part, Agency action pursuant to subsection (c)(2) of this Section is deemed a denial or grant of permit with conditions.