Closure and Post-Closure Care

(1) At closure of the pile, the owner or operator shall remove or decontaminate all waste residues, contaminated containment system components (e.g., liners), contaminated subsoils, and structures and equipment contaminated with waste or leachate, and manage them as hazardous waste unless 310 CMR 30.141 applies. (2) If, after removing or decontaminating all residues and making all reasonable efforts to effect removal or decontamination of contaminated components, subsoils, structures and equipment as required by 310 CMR 30.649(1), the owner or operator finds that not all contaminated subsoils can be practicably removed or decontaminated, he shall close the facility and perform post-closure care in compliance with the closure and post-closure care requirements that apply to landfills, 310 CMR 30.633. (3) If an owner or operator of an existing waste pile which does not meet the requirements of 310 CMR 30.640(4) plans to close the pile in accordance with 310 CMR 30.649(1), and the pile was not lined in accordance with 310 CMR 30.641(1) at the time the original Part A permit application was submitted to the EPA in accordance with 40 CFR Part 270, as in effect July 1, 1983, then: (a) The closure plan for the pile pursuant to 310 CMR 30.583 shall include both an expected plan for complying with 310 CMR 30.649(1) and a contingent plan for complying with 310 CMR 30.649(2) in the event that not all contaminated subsoil can be practicably removed at closure; and (b) The owner or operator shall prepare a contingent post-closure plan pursuant to 310 CMR 30.593 for complying with 310 CMR 30.649(2) in case not all contaminated subsoils can be practicably removed at closure. (4) The cost estimates calculated pursuant to 310 CMR 30.903 and 30.905 for closure and post-closure care of a pile subject to 310 CMR 30.649(3) shall include the cost of complying with the contingent closure plan and the contingent post-closure plan, as well as the cost of expected closure pursuant to 310 CMR 30.649(1). Where the costs of the expected closure plan and the contingent closure plan overlap (i.e., the same items are factored into the cost estimate), the costs need not be counted twice.