R315-265-228. Surface Impoundments -- Closure and Post-Closure Care

  (a) At closure, the owner or operator shall:

  (1) Remove or decontaminate all waste residues, contaminated containment system components, liners, etc., contaminated subsoils, and structures and equipment contaminated with waste and leachate, and manage them as hazardous waste unless Subsection R315-261-3(d) applies; or

  (2) Close the impoundment and provide post-closure care for a landfill under Sections R315-265-110 through 265-121 and 40 CFR 265.310, which is adopted and incorporated by reference, including the following:

  (i) Eliminate free liquids by removing liquid wastes or solidifying the remaining wastes and waste residues;

  (ii) Stabilize remaining wastes to a bearing capacity sufficient to support the final cover; and

  (iii) Cover the surface impoundment with a final cover designed and constructed to:

  (A) Provide long-term minimization of the migration of liquids through the closed impoundment;

  (B) Function with minimum maintenance;

  (C) Promote drainage and minimize erosion or abrasion of the cover;

  (D) Accommodate settling and subsidence so that the cover's integrity is maintained; and

  (E) Have a permeability less than or equal to the permeability of any bottom liner system or natural subsoils present.

  (b) In addition to the requirements of Sections R315-265-110 through R315-265-121, and 40 CFR 265.310, which is adopted and incorporated by reference, during the post-closure care period, the owner or operator of a surface impoundment in which wastes, waste residues, or contaminated materials remain after closure in accordance with the provisions of Subsection R315-265-228(a)(2)shall:

  (1) Maintain the integrity and effectiveness of the final cover, including making repairs to the cover as necessary to correct the effects of settling, subsidence, erosion, or other events;

  (2) Maintain and monitor the leak detection system in accordance with Subsections R315-264-221(c)(2)(iv) and (3) and Subsection R315-265-226(b) and comply with all other applicable leak detection system requirements of Rule R315-265;

  (3) Maintain and monitor the ground-water monitoring system and comply with all other applicable requirements of Sections R315-265-90 through 265-94; and

  (4) Prevent run-on and run-off from eroding or otherwise damaging the final cover.