R315-265-197. Tank Systems -- Closure and Post-Closure Care

  (a) At closure of a tank system, the owner or operator shall remove or decontaminate all waste residues, contaminated containment system components, for example, liners, contaminated soils, and structures and equipment contaminated with waste, and manage them as hazardous waste, unless Subsection R315-261-3(d) applies. The closure plan, closure activities, cost estimates for closure, and financial responsibility for tank systems shall meet all of the requirements specified in Sections R315-265-110 through 265-121 and Sections R315-265-140 through 265-147.

  (b) If the owner or operator demonstrates that not all contaminated soils can be practicably removed or decontaminated as required in Subsection R315-265-197(a), then the owner or operator shall close the tank system and perform post-closure care in accordance with the closure and post-closure care requirements that apply to landfills, 40 CFR 265.310. In addition, for the purposes of closure, post-closure, and financial responsibility, such a tank system is then considered to be a landfill, and the owner or operator shall meet all of the requirements for landfills specified in Sections R315-265-110 through 265-121 and Sections R315-265-140 through 265-147.

  (c) If an owner or operator has a tank system which does not have secondary containment that meets the requirements of Subsections R315-265-193(b) through (f) and which is not exempt from the secondary containment requirements in accordance with Subsection R315-265-193(g), then,

  (1) The closure plan for the tank system shall include both a plan for complying with Subsection R315-265-197(a) and a contingent plan for complying with Subsection R315-265-197(b).

  (2) A contingent post-closure plan for complying with Subsection R315-265-197(b)shall be prepared and submitted as part of the permit application.

  (3) The cost estimates calculated for closure and post-closure care shall reflect the costs of complying with the contingent closure plan and the contingent post-closure plan, if these costs are greater than the costs of complying with the closure plan prepared for the expected closure under Subsection R315-265-197(a).

  (4) Financial assurance must be based on the cost estimates in Subsection R315-265-197(c)(3).

  (5) For the purposes of the contingent closure and post-closure plans, such a tank system is considered to be a landfill, and the contingent plans shall meet all of the closure, post-closure, and financial responsibility requirements for landfills under Sections R315-265-110 through 265-121 and Sections R315-265-140 through 265-147.