Time Allowed for Closure

(1) Within 90 days after receiving the final volume of hazardous wastes at a hazardous waste management unit or facility, the owner or operator shall have treated all hazardous wastes in storage or in treatment, or have removed them from the unit or facility, or disposed of them on-site, in compliance with the approved closure plan. The Department may approve a longer period, but (1) only if the owner or operator applies for such approval at least 30 days prior to the expiration of the 90-day period described in the preceding sentence, and (2) only if the owner or operator applies for such approval in compliance with 310 CMR 30.802 through 30.807, and (3) only after the Department complies with the requirements and procedures set forth in 310 CMR 30.851 and 30.852, and, if applicable, 310 CMR 30.833, 30.835, 30.836, 30.837, and 30.839, and (4) such approval shall be subject to all other applicable provisions of 310 CMR 30.800, and (5) in addition, such approval may be granted, and may be allowed to remain in effect, only if the owner or operator has persuaded the Department that: (a) He has taken and will continue to take all steps to prevent threats to public health, safety, or welfare, or the environment, including compliance with all applicable license requirements, and (b) Either: 1. The activities required to comply with 310 CMR 30.584(1) will, of necessity, take longer than 90 days to complete, or 2. a. The hazardous waste management unit or facility has the capacity to receive additional hazardous wastes, and b. There is a reasonable likelihood that he or another person will recommence operation of the hazardous waste management unit or facility within one year, and c. closure of the hazardous waste management unit or facility would be incompatible with continued operation of the site. (2) The owner or operator shall complete closure activities in accordance with the approved closure plan and within 180 days after receiving the final volume of hazardous wastes at the hazardous waste management unit or facility. The Department may require and specify a shorter closure period if the Department determines that such action is necessaryto protect public health, safety, or welfare, or the environment. The Department may approve an extension to the closure period, but (1) only if the owner or operator applies for such approval at least 30 days prior to the expiration of the 180-day period described in the preceding sentence, and (2) only if the owner or operator applies for such approval in compliance with 310 CMR 30.802 through 30.807, and (3) only after the Department complies with the requirements and procedures set forth in 310 CMR 30.851 and 30.852, and, if applicable, 310 CMR 30.833, 30.835, 30.836, 30.837, and 30.839, and (4) such approval shall be subject to all other applicable provisions of 310 CMR 30.800, and (5) in addition, such approval may be granted, and may be allowed to remain in effect, only if the owner or operator has persuaded the Department that: (a) He has taken and will continue to take all steps to prevent threats to public health, safety, or welfare, or the environment from the unclosed but not operating hazardous waste management unit or facility, including compliance with all applicable license requirements, and (b) Either: 1. The activities required to comply with 310 CMR 30.584(1) will, of necessity, take longer than 180 days to complete, or 2. a. The hazardous waste management unit or facility has the capacity to receive additional hazardous wastes, and b. There is a reasonable likelihood that he or another person will recommence operation of the hazardous waste management unit or facility within one year, and c. Closure of the hazardous waste management unit or facility would be incompatible with continued operation of the site.