R315-265-121. Closure and Post-Closure -- Post-Closure Requirements for Facilities that Obtain Enforceable Documents in Lieu of Post-Closure Permits

  (a) Owners and operators who are subject to the requirement to obtain a post-closure permit under Subsection R315-270-1(c), but who obtain enforceable documents in lieu of post-closure permits, as provided under Subsection R315-270-1(c)(7), shall comply with the following requirements:

  (1) The requirements to submit information about the facility in Section R315-270-28;

  (2) The requirements for facility-wide corrective action in Section R315-264-101;

  (3) The requirements of Sections R315-264-91 through 264-100.

  (b)(1) The Director, in issuing enforceable documents under Section R315-265-121 in lieu of permits, will assure a meaningful opportunity for public involvement which, at a minimum, includes public notice and opportunity for public comment:

  (i) When the Director becomes involved in a remediation at the facility as a regulatory or enforcement matter;

  (ii) On the proposed preferred remedy and the assumptions upon which the remedy is based, in particular those related to land use and site characterization; and

  (iii) At the time of a proposed decision that remedial action is complete at the facility. These requirements shall be met before the Director may consider that the facility has met the requirements of Subsection R315-270-1(c)(7), unless the facility qualifies for a modification to these public involvement procedures under Subsections R315-265-121(b)(2) or (3).

  (2) If the Director determines that even a short delay in the implementation of a remedy would adversely affect human health or the environment, the Director may delay compliance with the requirements of Subsection R315-265-121(b)(1) and implement the remedy immediately. However, the Director shall assure involvement of the public at the earliest opportunity, and, in all cases, upon making the decision that additional remedial action is not needed at the facility.

  (3) The Director may allow a remediation initiated prior to October 22, 1998 to substitute for corrective action required under a post-closure permit even if the public involvement requirements of Subsection R315-265-121(b)(1) have not been met so long as the Director assures that notice and comment on the decision that no further remediation is necessary to protect human health and the environment takes place at the earliest reasonable opportunity after October 22, 1998.