[Code of Federal Regulations]

[Title 40, Volume 24]

[Revised as of July 1, 2006]

From the U.S. Government Printing Office via GPO Access

[CITE: 40CFR258.61]



[Page 426-427]

 

                   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;



[[Page 427]]



    (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 

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]