R315-264-118. Post-Closure Plan; Amendment of Plan

  (a) Written Plan. The owner or operator of a hazardous waste disposal unit shall have a written post-closure plan. In addition, certain surface impoundments and waste piles from which the owner or operator intends to remove or decontaminate the hazardous wastes at partial or final closure are required by Subsections R315-264-228(c)(1)(ii) and 264-258(c)(1)(ii) to have contingent post-closure plans. Owners or operators of surface impoundments and waste piles not otherwise required to prepare contingent post-closure plans under Subsections R315-264-228(c)(1)(ii) and 264-258(c)(1)(ii) shall submit a post-closure plan to the Director within 90 days from the date that the owner or operator or Director determines that the hazardous waste management unit shall be closed as a landfill, subject to the requirements of Sections R315-264-117 through 120. The plan shall be submitted with the permit application, in accordance with Subsection R315-270-14(b)(13), and approved by the Director as part of the permit issuance procedures under Rule R315-124. In accordance with Section R315-270-32, the approved post-closure plan shall become a condition of any RCRA permit issued.

  (b) For each hazardous waste management unit subject to the requirements Section R315-264-118, the post-closure plan shall identify the activities that will be carried on after closure of each disposal unit and the frequency of these activities, and include at least:

  (1) A description of the planned monitoring activities and frequencies at which they will be performed to comply with Sections R315-264-90 through 101, 220 through 232, 250 through 259, 270 through 283, 300 through 317, and 600 through 603 during the post-closure care period; and

  (2) A description of the planned maintenance activities, and frequencies at which they will be performed, to ensure:

  (i) The integrity of the cap and final cover or other containment systems in accordance with the requirements of Sections R315-264-90 through 101, 220 through 232, 250 through 259, 270 through 283, 300 through 317, and 600 through 603; and

  (ii) The function of the monitoring equipment in accordance with the requirements of Sections R315-264-90 through 101, 220 through 232, 250 through 259, 270 through 283, 300 through 317, and 600 through 603; and

  (3) The name, address, and phone number of the person or office to contact about the hazardous waste disposal unit or facility during the post-closure care period.

  (4) For facilities where the Director has applied alternative requirements at a regulated unit under Subsections R315-264-90(f), 264-110(c), and/or 264-140(d), either the alternative requirements that apply to the regulated unit, or a reference to the enforceable document containing those requirements.

  (c) Until final closure of the facility, a copy of the approved post-closure plan shall be furnished to the Director upon request, including request by mail. After final closure has been certified, the person or office specified in Subsection R315-264-118(b)(3) shall keep the approved post-closure plan during the remainder of the post-closure period.

  (d) Amendment of plan. The owner or operator shall submit a written notification of or request for a permit modification to authorize a change in the approved post-closure plan in accordance with the applicable requirements in Rules R315-124 and 270. The written notification or request shall include a copy of the amended post-closure plan for review or approval by the Director.

  (1) The owner or operator may submit a written notification or request to the Director for a permit modification to amend the post-closure plan at any time during the active life of the facility or during the post-closure care period.

  (2) The owner or operator shall submit a written notification of or request for a permit modification to authorize a change in the approved post-closure plan whenever:

  (i) Changes in operating plans or facility design affect the approved post-closure plan, or

  (ii) There is a change in the expected year of final closure, if applicable, or

  (iii) Events which occur during the active life of the facility, including partial and final closures, affect the approved post-closure plan.

  (iv) The owner or operator requests the Director to apply alternative requirements to a regulated unit under Subsections R315-264-90(f), 264-110(c), and/or 264-140(d).

  (3) The owner or operator shall submit a written request for a permit modification at least 60 days prior to the proposed change in facility design or operation, or no later than 60 days after an unexpected event has occurred which has affected the post-closure plan. An owner or operator of a surface impoundment or waste pile that intends to remove all hazardous waste at closure and is not otherwise required to submit a contingent post-closure plan under Subsections R315-264-228(c)(1)(ii) 258(c)(1)(ii) shall submit a post-closure plan to the Director no later than 90 days after the date that the owner or operator or Director determines that the hazardous waste management unit shall be closed as a landfill, subject to the requirements of Section R315-264-310. The Director shall approve, disapprove or modify this plan in accordance with the procedures in Rules R315-124 and 270. In accordance with Section R315-270-32, the approved post-closure plan shall become a permit condition.

  (4) The Director may request modifications to the plan under the conditions described in Subsection R315-264-118(d)(2). The owner or operator shall submit the modified plan no later than 60 days after the Director's request, or no later than 90 days if the unit is a surface impoundment or waste pile not previously required to prepare a contingent post-closure plan. Any modifications requested by the Director shall be approved, disapproved, or modified in accordance with the procedures in Rules R315-124 and 270.