R315-264-258. Closure and Post-Closure Care

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

  (b) If, after removing or decontaminating all residues and making all reasonable efforts to effect removal or decontamination of contaminated components, subsoils, structures, and equipment as required in Subsection R315-264-258(a), the owner or operator finds that not all contaminated subsoils can be practicably removed or decontaminated, he shall close the facility and perform post-closure care in accordance with the closure and post-closure care requirements that apply to landfills, Section R315-264-310.

  (c)(1) The owner or operator of a waste pile that does not comply with the liner requirements of Subsection R315-264-251(a)(1) and is not exempt from them in accordance with Subsections R315-264-250(c) or 251(b), shall:

  (i) Include in the closure plan for the pile under Section R315-264-112 both a plan for complying with Subsection R315-264-258(a) and a contingent plan for complying with Subsection R315-264-258(b) in case not all contaminated subsoils can be practicably removed at closure; and

  (ii) Prepare a contingent post-closure plan under Section R315-264-118 for complying with Subsection R315-264-258(b) in case not all contaminated subsoils can be practicably removed at closure.

  (2) The cost estimates calculated under Sections R315-264-142 and 144 for closure and post-closure care of a pile subject to this Subsection R315-264-258(c) shall include the cost of complying with the contingent closure plan and the contingent post-closure plan, but are not required to include the cost of expected closure under Subsection R315-264-258(a).