R315-302-3. General Closure and Post Closure Requirements

  (1) Applicability.

  (a) The owner or operator of any solid waste disposal facility that requires a permit shall meet the applicable standards of Section R315-302-3 and shall provide financial assurance for closure and post-closure care costs that meets the requirements of Rule R315-309.

  (b) The requirements of Subsections (2), (3), and (4) of this section apply to any solid waste management facility as defined by Subsection 19-6-502(12). The requirements of Subsections (5), (6), and (7) of this section apply to:

  (i) Class I, II, IV, V, and VI Landfills;

  (ii) Class III Landfills as specified in Rule R315-304: and

  (iii) any landtreatment disposal facility.

  (2) Closure Performance Standard. Each owner or operator shall close its facility or unit in a manner that:

  (a) minimizes the need for further maintenance;

  (b) minimizes or eliminates threats to human health and the environment from post-closure escape of solid waste constituents, leachate, landfill gases, contaminated run-off or waste decomposition products to the ground, ground water, surface water, or the atmosphere; and

  (c) prepares the facility or unit for the post-closure period.

  (3) Closure Plan and Amendment.

  (a) Closure may include covering, grading, seeding, landscaping, contouring, and screening. For a transfer station or a drop box facility, closure includes waste removal and decontamination of the site, including soil analysis, ground water analysis, or other procedures as required by the Director.

  (b) Each owner or operator shall develop, keep on file and abide by a plan of closure required by Subsection R315-302-2(2)(m) which, when approved by the Director, will become part of the permit.

  (c) The closure plan shall project time intervals at which sequential partial closure, if applicable, is to be implemented and identify closure cost estimates and projected fund withdrawal intervals for the associated closure costs from the approved financial assurance instrument required by Rule R315-309.

  (d) The closure plan may be amended if conditions and circumstances justify such amendment. If it is determined that amendment of a facility closure plan is required, the Director may direct facility closure activities, in part or whole, to cease until the closure plan amendment has been reviewed and approved by the Director.

  (e) Each owner and operator shall close the facility or unit in accordance with the approved closure plan and all approved amendments.

  (4) Closure Procedures.

  (a) Each owner and operator shall notify the Director of the intent to implement the closure plan in whole or part, 60 days prior to the projected final receipt of waste at the unit or facility unless otherwise specified in the approved closure plan.

  (b) The owner or operator shall commence implementation of the closure plan, in part or whole, within 30 days after receipt of the final volume of waste, or for landfills, when the final elevation is attained in part or all of the facility cell or unit as identified in the approved facility closure plan unless otherwise specified in the approved closure plan. Closure activities shall be completed within 180 days from their starting time. Extensions of the closure period may be granted by the Director if justification for the extension is documented by the owner or operator.

  (c) When an owner or operator completes closure of a solid waste management unit or facility closure is completed, he shall, within 90 days or as required by the Director, submit to the Director:

  (i) facility or unit closure plans, except for Class IIIb, IVb, and VI Landfills, signed by a professional engineer registered in the state of Utah, and modified as necessary to represent as-built changes to final closure construction as approved in the closure plan; and

  (ii) certification by the owner or operator, and, except for Class IIIb, IVb, and VI Landfills, a professional engineer registered in the state of Utah, that the site or unit has been closed in accordance with the approved closure plan.

  (5) Post-Closure Performance Standard. Each owner or operator shall provide post-closure activities for continued facility maintenance and monitoring of gases, land, and water for 30 years or as long as the Director determines is necessary for the facility or unit to become stabilized and to protect human health and the environment.

  (6) Post-Closure Plan and Amendment.

  (a) For any disposal facility, except an energy recovery or incinerator facility, post-closure care may include:

  (i) ground water and surface water monitoring;

  (ii) leachate collection and treatment;

  (iii) gas monitoring;

  (iv) maintenance of the facility, the facility structures that remain after closure, and monitoring systems for their intended use as required by the approved permit;

  (v) a description of the planned use of the property; and

  (vi) any other activity required by the Director to protect human health and the environment for a period of 30 years or a period established by the Director.

  (b) Each owner or operator shall develop, keep on file, and abide by a post-closure plan as required by Subsection R315-302-2(2)(m) and as approved by the Director as part of the permit. The post-closure plan shall address facility or unit maintenance and monitoring activities until the site becomes stabilized (i.e., little or no settlement, gas production or leachate generation) and monitoring and maintenance activities can be safely discontinued.

  (c) The post-closure plan shall project time intervals at which post-closure activities are to be implemented and identify post-closure cost estimates and projected fund withdrawal intervals from the selected financial assurance instrument, where applicable, for the associated post-closure costs.

  (d) The post-closure plan may be amended if conditions and circumstances justify such amendment. If it is determined that amendment of a facility or unit post-closure plan is required, the Director may direct facility post-closure activities, in part or whole, to cease until the post-closure plan amendment has been reviewed and approved.

  (7) Post-Closure Procedures.

  (a) Each owner or operator shall commence post-closure activities after closure activities have been completed. The Director may direct that post-closure activities cease until the owner or operator receives a notice from the Director to proceed with post-closure activities.

  (b) When post-closure activities are complete, as determined by the Director, the owner or operator shall submit a certification to the Director, signed by the owner or operator, and, except for Class IIIb, IVb, and VI Landfills, a professional engineer registered in the state of Utah stating why post-closure activities are no longer necessary (i.e., little or no settlement, gas production, or leachate generation).

  (c) If the Director finds that post-closure monitoring has established that the facility or unit is stabilized (i.e., little or no settlement, gas production, or leachate generation) the Director may authorize the owner or operator to discontinue any portion or all of the post-closure maintenance and monitoring activities.