35 Ill. Adm. Code 845.780
Post-Closure Care Requirements
Section 845.780 Post-Closure Care Requirements
a) Applicability
1) Except
as provided by subsection (a)(2), this Section applies to the owners or
operators of CCR surface impoundments who have completed an Agency approved
closure.
2) An
owner or operator of a CCR surface impoundment that elects to close a CCR
surface impoundment by removing CCR as provided by Section 845.740 is not
subject to the post-closure care criteria of this Section.
b) Post-closure
Care Maintenance Requirements. Following closure of the CCR surface
impoundment, the owner or operator must conduct post-closure care for the CCR
surface impoundment, which must consist of at least the following:
1) Maintaining
the integrity and effectiveness of the final cover system, including making
repairs to the final cover as necessary to correct the effects of settlement,
subsidence, erosion, or other events, and preventing run-on and run-off from
eroding or otherwise damaging the final cover;
2) If
the CCR surface impoundment is subject to the design criteria of Section
845.420, maintaining the integrity and effectiveness of the leachate collection
and removal system and operating the leachate collection and removal system in
accordance with the requirements of Section 845.420; and
3) Maintaining
the groundwater monitoring system and monitoring the groundwater in accordance
with the requirements of Subpart F.
c) Post-closure Care Period
1) Except
as provided by subsection (c)(2), the owner or operator of the CCR surface impoundment
must conduct post-closure care for 30 years.
2) At the end of the 30-year post-closure care
period, the owner or operator of the CCR surface impoundment must continue to
conduct post-closure care until the groundwater monitoring data shows the concentrations
are:
A) Below
the groundwater protection standards in Section 845.600; and
B) Not
increasing for those constituents over background, using the statistical
procedures and performance standards in Section 845.640(f) and (g), provided that:
i) Concentrations
have been reduced to the maximum extent feasible; and
ii) Concentrations
are protective of human health and the environment.
d) Written Post-closure Care
Plan
1) Content
of the Plan. The owner or operator of a CCR surface impoundment must prepare a
written post-closure care plan that includes, at a minimum, the information
specified in this subsection (d)(1).
A) A
description of the monitoring and maintenance activities required in subsection
(b) for the CCR surface impoundment and the frequency at which these activities
will be performed;
B) The
name, address, telephone number, and email address of the person or office to
contact about the facility during the post-closure care period; and
C) A
description of the planned uses of the property during the post-closure care
period. Post-closure use of the property must not disturb the integrity of the
final cover, liners, or any other component of the containment system, or the
function of the monitoring systems unless necessary to comply with the
requirements of this Part. Any other disturbance is allowed if the owner or
operator of the CCR surface impoundment demonstrates that disturbance of the
final cover, liner, or other component of the containment system, including any
removal of CCR, will not increase the potential threat to human health or the
environment. The demonstration must be certified by a qualified professional
engineer and must be submitted to the Agency.
2) Deadline
to Prepare the Initial Written Post-closure Care Plan. The owner or operator
of a CCR surface impoundment must submit to the Agency an initial written
post-closure care plan, consistent with the requirements specified in
subsection (d)(1), with its initial operating permit application.
3) Amendment
of a Written Post-closure Care Plan
A) The
owner or operator may submit an operating permit modification application to
amend the initial or any subsequent written post-closure care plan developed
under subsection (d)(1) at any time.
B) The
owner or operator must seek to amend the written closure care plan whenever:
i) There
is a change in the operation of the CCR surface impoundment that would
substantially affect the written post-closure care plan in effect; or
ii) unanticipated
events necessitate a revision of the written post-closure care plan, after
post-closure activities have started.
C) The
owner or operator must seek to amend the written post-closure care plan at
least 60 days before a planned change in the operation of the facility or CCR surface
impoundment, or within 60 days after an unanticipated event requires the need
to revise an existing written post-closure care plan. If a written
post-closure care plan is revised after post-closure activities have started
for a CCR surface impoundment, the owner or operator must submit a request to
modify the operating permit within 30 days following the triggering event.
4) The
owner or operator of the CCR surface impoundment must obtain a written
certification from a qualified professional engineer that the initial, and any
amendment of the, written post-closure care plan meets the requirements of this
Section.
e) Upon
the completion of the post-closure care period, the owner or operator of the
CCR surface impoundment must submit a request to the Agency to terminate
post-closure care. The request must include a certification by a qualified
professional engineer verifying that post-closure care has been completed in
accordance with the post-closure care plan specified in subsection (d) and the
requirements of this Section.
f)
Notification
of Completion of Post-closure Care Period. Within 30 days after the Agency's
approval of the owner's or operator's request to terminate post-closure care,
the owner or operator must prepare a notification of completion of post-closure
care and must place the notification in the facility's operating record as
required by Section 845.800(d)(31).