Post-closure Plan

(1) The owner or operator of a hazardous waste management unit or facility subject to the requirements of 310 CMR 30.590 shall have a written post-closure plan that complies with the requirements in 310 CMR 30.590. The owner or operator of a facility at which there is a surface impoundment described in 310 CMR 30.617(5) or a waste pile described in 310 CMR 30.649(3) from which the owner or operator intends to remove all hazardous waste at closure shall have a contingent post-closure plan that complies with the requirements of 310 CMR 30.590 and, as applicable,in310CMR30.617(5) and 30.649(3). Owners or operators of surface impoundments or waste piles not otherwise required to have contingent post-closure plans shall submit a post-closure plan to the Department within 90 days after the owner or operator or the Department determines that the surface impoundment or waste pile shall be closed as a landfill. Each post-closure plan shall identify the activities that shall, and each contingent post-closure plan shall identify the activities that might, be carried on after closure and the frequency of these activities, and shall include at least: (a) A description of the planned monitoring activities and frequencies at which they will be performed to comply with the requirements set forth in 310 CMR 30.606 through 30.675, and (b) A description of the planned maintenance activities, and frequencies at which they will be performed, to ensure: 1. The integrity of the cap and final cover or other containment systems in accordance with the requirements set forth in 310 CMR 30.606 through 30.659, and 2. The function of the monitoring equipment in accordance with the requirements set forth in 310 CMR 30.606 through 30.675, and (c) The name, address, and telephone number of the person or office to contact about the hazardous waste management unit or facility during the post-closure care period. This individual or office shall keep at all times during the post-closure period an updated copy of the approved post-closure plan. (2) Amendments of post-closure plans shall be subject to the following provisions. (a) All applications to the Department for approval to amend a facility's post-closure plan shall include a copy of the proposed amended post-closure plan. The owner or operator shall submit a written notification of or request for a license modification to authorize a change in the approved post-closure plan in compliance with 310 CMR 30.802 through 30.807. The Department shall classify the proposed amendment in accordance with 310 CMR 30.852. The Department shall act in accordance with the requirements and procedures set forth in 310 CMR 30.852. (b) The owner or operator may apply to the Department for approval to amend the facility's post-closure plan at any time during the active life of the facility or during the post-closure care period. Except as provided in 310 CMR 30.852 and 30.890, denial of an application to amend a post-closure plan shall not be subject to public notice, public comment, or public hearings. (c) The owner or operator shall apply to the Department for approval to amend the facility's post-closure plan whenever 1. changes in operating plans or facility design affect the post-closure plan, or 2. there is a change in the expected year of final closure, if applicable, or 3. events which occur during the active life of the facility, including but not limited to closures (and changes in applicable regulations when published in the Massachusetts Register), require a modification of the approved post-closure plan, or 4. the Department requests or orders an amendment of the facility's post-closure plan. (d) The deadline for the owner or operator to file required applications to the Department for approval to amend the facility's post-closure plan shall be as follows: 1. At least 60 days prior to a proposed change in facility design or operation. 2. Not more than 60 days after an unexpected event has occurred (including, but not limited to, a change in applicable regulations when published in the Massachusetts Register that affects the post-closure plan. 3. Not more than 60 days after the Department requests or orders an amendment of the facility's closure plan, or 90 days if the hazardous waste management unit is a surface impoundment or waste pile not previously required to prepare a contingent post-closure plan. (PAGES 1131 AND 1132 ARE RESERVED FOR FUTURE USE.)