R315-265-117. Closure and Post-Closure -- Post-Closure Care and Use of Property

  (a)(1) Post-closure care for each hazardous waste management unit subject to the requirements of Sections R315-265-117 through 265-120 shall begin after completion of closure of the unit and continue for 30 years after that date. It shall consist of at least the following:

  (i) Monitoring and reporting in accordance with the requirements of Sections R315-265-90 through 265-94, R315-265-220 through 265-231, R315-265-250 through 265-260, and subparts M, and N of 40 CFR 265, which are adopted and incorporated by reference; and

  (ii) Maintenance and monitoring of waste containment systems in accordance with the requirements of Sections R315-265-90 through 265-94, R315-265-220 through 265-231, R315-265-250 through 265-260, and subparts M, and N of 40 CFR 265, which are adopted and incorporated by reference.

  (2) Any time preceding closure of a hazardous waste management unit subject to post-closure care requirements or final closure, or any time during the post-closure period for a particular hazardous waste disposal unit, the Director may:

  (i) Shorten the post-closure care period applicable to the hazardous waste management unit, or facility, if all disposal units have been closed, if he finds that the reduced period is sufficient to protect human health and the environment, for example, leachate or ground-water monitoring results, characteristics of the hazardous waste, application of advanced technology, or alternative disposal, treatment, or re-use techniques indicate that the hazardous waste management unit or facility is secure; or

  (ii) Extend the post-closure care period applicable to the hazardous waste management unit or facility, if he finds that the extended period is necessary to protect human health and the environment, for example, leachate or ground-water monitoring results indicate a potential for migration of hazardous wastes at levels which may be harmful to human health and the environment.

  (b) The Director may require, at partial and final closure, continuation of any of the security requirements of Section R315-265-14 during part or all of the post-closure period when:

  (1) Hazardous wastes may remain exposed after completion of partial or final closure; or

  (2) Access by the public or domestic livestock may pose a hazard to human health.

  (c) Post-closure use of property on or in which hazardous wastes remain after partial or final closure shall never be allowed to disturb the integrity of the final cover, liner(s), or any other components of the containment system, or the function of the facility's monitoring systems, unless the Director finds that the disturbance:

  (1) Is necessary to the proposed use of the property, and will not increase the potential hazard to human health or the environment; or

  (2) Is necessary to reduce a threat to human health or the environment.

  (d) All post-closure care activities shall be in accordance with the provisions of the approved post-closure plan as specified in Section R315-265-118.