[Code of Federal Regulations]
[Title 40, Volume 22]
[Revised as of July 1, 2002]
From the U.S. Government Printing Office via GPO Access
[CITE: 40CFR265.119]

[Page 476-477]
 
                   TITLE 40--PROTECTION OF ENVIRONMENT
 
         CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY (CONTINUED)
 
PART 265--INTERIM STATUS STANDARDS FOR OWNERS AND OPERATORS OF HAZARDOUS WASTE TREATMENT, STORAGE, AND DISPOSAL FACILITIES--Table of Contents
 
                   Subpart G--Closure and Post-Closure
 
Sec. 265.119  Post-closure notices.

    (a) No later than 60 days after certification of closure of each 
hazardous waste disposal unit, the owner or operator must submit to the 
local zoning

[[Page 477]]

authority, or the authority with jurisdiction over local land use, and 
to the Regional Administrator, a record of the type, location, and 
quantity of hazardous wastes disposed of within each cell or other 
disposal unit of the facility. For hazardous wastes disposed of before 
January 12, 1981, the owner or operator must identify the type, location 
and quantity of the hazardous wastes to the best of his knowledge and in 
accordance with any records he has kept.
    (b) Within 60 days of certification of closure of the first 
hazardous waste disposal unit and within 60 days of certification of 
closure of the last hazardous waste disposal unit, the owner or operator 
must:
    (1) Record, in accordance with State law, a notation on the deed to 
the facility property--or on some other instrument which is normally 
examined during title search--that will in perpetuity notify any 
potential purchaser of the property that:
    (i) The land has been used to manage hazardous wastes; and
    (ii) Its use is restricted under 40 CFR subpart G regulations; and
    (iii) The survey plat and record of the type, location, and quantity 
of hazardous wastes disposed of within each cell or other hazardous 
waste disposal unit of the facility required by Secs. 265.116 and 
265.119(a) have been filed with the local zoning authority or the 
authority with jurisdiction over local land use and with the Regional 
Administrator; and
    (2) Submit a certification signed by the owner or operator that he 
has recorded the notation specified in paragraph (b)(1) of this section 
and a copy of the document in which the notation has been placed, to the 
Regional Administrator.
    (c) If the owner or operator or any subsequent owner of the land 
upon which a hazardous waste disposal unit was located wishes to remove 
hazardous wastes and hazardous waste residues, the liner, if any, and 
all contaminated structures, equipment, and soils, he must request a 
modification to the approved post-closure plan in accordance with the 
requirements of Sec. 265.118(g). The owner or operator must demonstrate 
that the removal of hazardous wastes will satisfy the criteria of 
Sec. 265.117(c). By removing hazardous waste, the owner or operator may 
become a generator of hazardous waste and must manage it in accordance 
with all applicable requirements of this chapter. If the owner or 
operator is granted approval to conduct the removal activities, the 
owner or operator may request that the Regional Administrator approve 
either:
    (1) The removal of the notation on the deed to the facility property 
or other instrument normally examined during title search, or
    (2) The addition of a notation to the deed or instrument indicating 
the removal of the hazardous waste.