Indiana Administrative Code (Last Updated: December 20, 2016) |
Title 329. SOLID WASTE MANAGEMENT DIVISION |
Article 329IAC10. SOLID WASTE LAND DISPOSAL FACILITIES |
Rule 329IAC10-23. Municipal Solid Waste Landfills; Post-Closure Requirements |
Section 329IAC10-23-2. Post-closure duties
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(a) The owner, operator, or permittee of an MSWLF has the following duties after closure:
(1) Post-closure activities must be performed in accordance with the approved post-closure plan as specified in section 3 of this rule.
(2) Inspection of the MSWLF at least twice per year with a written report on the condition of the MSWLF to be submitted to the commissioner.
(3) Maintenance of the integrity of the geomembrane cap, if applicable, and the minimum thickness of final cover and vegetation as required by 329 IAC 10-20 and 329 IAC 10-22 or as approved by the commissioner.
(4) Maintenance of the final contours of the MSWLF in accordance with the applicable standards of 329 IAC 10-20 and 329 IAC 10-22 and, at a minimum, to provide that no ponding of water occurs on filled areas.
(5) Control of any vegetation on vehicular access ways to monitoring wells as required by 329 IAC 10-20-2(d).
(6) Control of vegetation at the MSWLF as necessary to enable determination of the need for slope and cover maintenance and leachate outbreak abatement.
(7) Maintenance of access control and benchmarks at the MSWLF.
(8) Maintenance and monitoring of the dike or dikes required under 329 IAC 10-16-2.
(9) If ownership of the land or MSWLF changes at any time during the post-closure period, the new owner must have a written agreement with the past owner which states the new owner will monitor and maintain the dike or dikes required by 329 IAC 10-16-2 during the subsequent post-closure period.
(10) Maintenance and monitoring of leachate collection and treatment systems and methane control systems.
(11) Control of any leachate or gas generated at the MSWLF as required by 329 IAC 10-20.
(12) Erosion and sediment control measures must be instituted to comply with 329 IAC 10-20-12.
(13) An MSWLF that closes:
(A) prior to the effective date required by 40 CFR 258 for the MSWLF units' ground water monitoring, must continue to monitor ground water as required by the rules in force at the time the facility entered into post-closure;
(B) on or after the effective date required by 40 CFR 258 for the MSWLF units' ground water monitoring, must monitor ground water after April 13, 1996, as required by 329 IAC 10-21; or
(C) under any other article is required to follow the:
(i) post-closure plan as required by the rules in force at the time the MSWLF entered into post-closure; or
(ii) rules in force at the time the MSWLF entered into post-closure if the rules in force do not require a post-closure plan.
(14) In addition to the corrective action program required by the rules under which the facility closed, the commissioner may require performance of corrective action measures within 329 IAC 10-21-13 if the MSWLF:
(A) closed prior to April 13, 1996;
(B) is monitoring ground water in accordance with the rules in force at the time the MSWLF entered into post-closure; and
(C) finds a corrective action program is applicable under the rules in force at the time the MSWLF entered post-closure.
(b) Post-closure requirements imposed by this section must be followed for a period of thirty (30) years after the following applicable date:
(1) If the final closure certification is deemed adequate, the date the final closure certification is received by the commissioner in accordance with 329 IAC 10-22-8(a).
(2) If the final closure certification is deemed inadequate, the date the commissioner approves any actions necessary to correct items listed in a notice of deficiency of closure certification under 329 IAC 10-22-8(c).
(c) The length of the post-closure care period may be increased by the commissioner if the commissioner determines that the lengthened period is necessary to protect human health and the environment. The standards to determine an increased post-closure care period include, but are not limited to:
(1) stability of final cover;
(2) maintenance problems with an MSWLF certified as closed;
(3) evidence of ground water contamination;
(4) quantity of gas produced and managed; or
(5) reliability of ground water monitoring well system.
(Solid Waste Management Division; 329 IAC 10-23-2; filed Mar 14, 1996, 5:00 p.m.: 19 IR 1886; errata filed Apr 4, 1996, 4:00 p.m.: 19 IR 2047; filed Mar 19, 1998, 11:07 a.m.: 21 IR 2815; filed Aug 2, 1999, 11:50 a.m.: 22 IR 3863; errata filed Sep 8, 1999, 11:38 a.m.: 23 IR 27; filed Feb 9, 2004, 4:51 p.m.: 27 IR 1859, eff Apr 1, 2004)