R 299.9613
R 299.9613 Closure and postclosure.
Cite as Mich. Admin. Code R 299.9613
Rule 613. (1) The owner or operator of a hazardous waste treatment, storage, or disposal
facility shall comply with the closure and postclosure provisions of 40 CFR part 264,
subpart G, except 40 CFR 264.112(d)(1), 264.115, and 264.120.
(2) The owner or operator shall notify the director, in writing, not less than 60 days before
the date on which the owner or operator expects to begin partial or final closure of any or
all hazardous waste management units at the treatment, storage, or disposal facility. A copy
of the current or updated partial or final closure plan for the hazardous waste management
unit or units that are being closed must accompany the notification.
(3) Within 60 days after completion of closure of each hazardous waste management unit
at a facility, and within 60 days after the completion of final closure, the owner or operator
shall submit, to the director, by registered mail, a certification that the hazardous waste
management unit or facility, as applicable, has been closed in accordance with the
specifications in the approved closure plan. The certification must be signed by the owner
or operator and by an independent registered professional engineer and include all the
following supporting documentation:
(a) The results of all sampling and analysis.
(b) Sampling and analysis procedures.
(c) A map showing the location where samples were obtained.
(d) Any statistical evaluations of sampling data.
(e) A summary of waste types and quantities removed from the site and the destination
of these wastes.
(f) If soil has been excavated, the final depth and elevation of the excavation and a
description of the fill material used.
(4) Any documentation not listed in subrule (3) of this rule that supports the independent
registered professional engineer's certification must be furnished to the director on request
until the director releases the owner or operator from the financial assurance requirements
for closure pursuant to the provisions of R 299.9703.
(5) Not later than 60 days after completion of the established postclosure care period for
each hazardous waste disposal unit, the owner or operator shall submit, to the director, by
registered mail, a certification that the postclosure care period for the hazardous waste
disposal unit was performed in accordance with the specifications in the approved
postclosure plan. The certification must be signed by the owner or operator and an
independent registered professional engineer. Documentation supporting the independent
registered professional engineer's certification must be furnished to the director on request
until the director releases the owner or operator from the financial requirements for
postclosure pursuant to the provisions of R 299.9703.
(6) The environmental protection standards established pursuant to the provisions of
part 201 must be used to perform closure and postclosure of a facility under part 111 if the
limits are not less stringent than those allowed pursuant to the provisions of RCRA.
(7) The provisions of 40 CFR part 264, subpart G, except 40 CFR 264.112(d)(1),
264.115, and 264.120, are adopted by reference in R 299.11003. For the purposes of this
adoption, the word "director" replaces the words "regional administrator" and the words
"R 299.9703(8) and R 299.9710(17)" replace the word "40 C.F.R. §264.140(d).