Landfill Post-closure Requirements

(1) General. The owner, successors or assigns shall maintain, care for and monitor the site during the post-closure period in order to ensure the integrity of the closure measures and to detect and prevent any adverse impacts of the site on public health, safety or the environment. (2) Post-closure Period. For the purposes of 310 CMR 19.142 the post-closure period shall extend for a minimum of a 30 year period. (3) Post-closure Period Waiver. The Department may, upon request, reduce the post-closure period to less than 30 years if it finds that a shorter period will be sufficient to protect public health, safety, and the environment. The Department's review will include, but not be limited to, a consideration of the quantity and quality of leachate generated by the landfill, ground water monitoring results, characteristics of the waste disposed, stability of the waste, design of the facility and location of the site. (4) Post-closure Period Extension. The post-closure period may be extended by the Department at any time prior to the time that the post-closure period is due to expire where the Department finds an extension is necessary in order to ensure protection of public health, safety or the environment or to mitigate adverse impacts. (5) Post-closure Requirements. During the post-closure period the owner or operator (or successors or assigns thereto) shall perform the following activities on any closed portion of the facility: (a) take corrective actions to remediate and/or mitigate conditions that would compromise the integrity and purpose for the final cover; (b) maintain the integrity of the liner system and the final cover system; (c) collect leachate from and monitor and maintain leachate collection system(s); (d) monitor and maintain the environmental monitoring systems for surface water, ground water and air quality; (e) maintain access roads; (f) maintain landfill gas control systems; (g) protect and maintain surveyed benchmarks; and (h) have the landfill inspected by a third-party inspector in accordance with 310 CMR 19.018 and such third-party inspection shall be conducted in accordance with the frequency and other requirements of 310 CMR 19.018, unless more frequent inspections or more stringent requirements are contained in the terms of any approval, order or other document issued by the Department pursuant to 310 CMR 19.000. (6) Inspection Requirements. The owner, operator, successor or assigns shall have the facility inspected by a third-party inspector in accordance with 310 CMR 19.018. (7) Additional Measures. The owner, successors or assigns shall institute such additional measures during the post-closure period as the Department deems necessary for the protection of public health or safety or the environment. (8) Termination of the Post-closure Period. The post-closure period shall end on the date of the Department's written determination that the post-closure care, maintenance and monitoring of the site are no longer required. Said written determination in no way limits or absolves the owner of liability for the site in the future.