[Code of Federal Regulations]
[Title 40, Volume 21]
[Revised as of July 1, 2002]
From the U.S. Government Printing Office via GPO Access
[CITE: 40CFR258.61]

[Page 417-418]
 
                   TITLE 40--PROTECTION OF ENVIRONMENT
 
                   CHAPTER I--ENVIRONMENTAL PROTECTION
                           AGENCY (CONTINUED)
 
PART 258--CRITERIA FOR MUNICIPAL SOLID WASTE LANDFILLS--Table of Contents
 
                Subpart F--Closure and Post-Closure Care
 
Sec. 258.61  Post-closure care requirements.

    (a) Following closure of each MSWLF unit, the owner or operator must 
conduct post-closure care. Post-closure care must be conducted for 30 
years, except as provided under paragraph (b) of this section, and 
consist of at least the following:
    (1) Maintaining the integrity and effectiveness of any final cover, 
including making repairs to the cover as necessary to correct the 
effects of settlement, subsidence, erosion, or other events, and 
preventing run-on and run-off from eroding or otherwise damaging the 
final cover;
    (2) Maintaining and operating the leachate collection system in 
accordance with the requirements in Sec. 258.40, if applicable. The 
Director of an approved State may allow the owner or operator to stop 
managing leachate if the owner or operator demonstrates that leachate no 
longer poses a threat to human health and the environment;
    (3) Monitoring the ground water in accordance with the requirements 
of subpart E of this part and maintaining the ground-water monitoring 
system, if applicable; and
    (4) Maintaining and operating the gas monitoring system in 
accordance with the requirements of Sec. 258.23.
    (b) The length of the post-closure care period may be:
    (1) Decreased by the Director of an approved State if the owner or 
operator demonstrates that the reduced period is sufficient to protect 
human health and the environment and this demonstration is approved by 
the Director of an approved State; or
    (2) Increased by the Director of an approved State if the Director 
of an approved State determines that the lengthened period is necessary 
to protect human health and the environment.
    (c) The owner or operator of all MSWLF units must prepare a written 
post-closure plan that includes, at a minimum, the following 
information:
    (1) A description of the monitoring and maintenance activities 
required in Sec. 258.61(a) for each MSWLF unit, and the frequency at 
which these activities will be performed;
    (2) Name, address, and telephone number of the person or office to 
contact about the facility during the post-closure period; and
    (3) A description of the planned uses of the property during the 
post-closure period. Post-closure use of the property shall not disturb 
the integrity of the final cover, liner(s), or any other components of 
the containment system, or the function of the monitoring systems unless 
necessary to comply with the requirements in this part 258. The Director 
of an approved State may approve any other disturbance if the owner or

[[Page 418]]

operator demonstrates that disturbance of the final cover, liner or 
other component of the containment system, including any removal of 
waste, will not increase the potential threat to human health or the 
environment.
    (d) The owner or operator must notify the State Director that a 
post-closure plan has been prepared and placed in the operating record 
no later than the effective date of this part, October 9, 1993, or by 
the initial receipt of waste, whichever is later.
    (e) Following completion of the post-closure care period for each 
MSWLF unit, the owner or operator must notify the State Director that a 
certification, signed by an independent registered professional engineer 
or approved by the Director of an approved State, verifying that post-
closure care has been completed in accordance with the post-closure 
plan, has been placed in the operating record.

[56 FR 51016, Oct. 9, 1991; 57 FR 28628, June 26, 1992]