[Code of Federal Regulations]
[Title 40, Volume 25]
[Revised as of July 1, 2006]
From the U.S. Government Printing Office via GPO Access
[CITE: 40CFR265.117]

[Page 516-517]
 
                   TITLE 40--PROTECTION OF ENVIRONMENT
 
         CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY (CONTINUED)
 
PART 264_STANDARDS FOR OWNERS AND OPERATORS OF HAZARDOUS WASTE TREATMENT, 
STORAGE, AND DISPOSAL FACILITIES--Table of Contents
 
                   Subpart G_Closure and Post-Closure
 
Sec.  265.117  Post-closure care and use of property.

    (a)(1) Post-closure care for each hazardous waste management unit 
subject to the requirements of Sec. Sec.  265.117 through 265.120 must 
begin after completion of closure of the unit and continue for 30 years 
after that date. It must consist of at least the following:
    (i) Monitoring and reporting in accordance with the requirements of 
subparts F, K, L, M, and N of this part; and
    (ii) Maintenance and monitoring of waste containment systems in 
accordance with the requirements of subparts F, K, L, M, and N of this 
part.
    (2) Any time preceding closure of a hazardous waste management unit 
subject to post-closure care requirements

[[Page 517]]

or final closure, or any time during the post-closure period for a 
particular hazardous waste disposal unit, the Regional Administrator 
may:
    (i) Shorten the post-closure care period applicable to the hazardous 
waste management unit, or facility, if all disposal units have been 
closed, if he finds that the reduced period is sufficient to protect 
human health and the environment (e.g., leachate or ground-water 
monitoring results, characteristics of the hazardous waste, application 
of advanced technology, or alternative disposal, treatment, or re-use 
techniques indicate that the hazardous waste management unit or facility 
is secure); or
    (ii) Extend the post-closure care period applicable to the hazardous 
waste management unit or facility, if he finds that the extended period 
is necessary to protect human health and the environment (e.g., leachate 
or ground-water monitoring results indicate a potential for migration of 
hazardous wastes at levels which may be harmful to human health and the 
environment).
    (b) The Regional Administator may require, at partial and final 
closure, continuation of any of the security requirements of Sec.  
265.14 during part or all of the post-closure period when:
    (1) Hazardous wastes may remain exposed after completion of partial 
or final closure; or
    (2) Access by the public or domestic livestock may pose a hazard to 
human health.
    (c) Post-closure use of property on or in which hazardous wastes 
remain after partial or final closure must never be allowed to disturb 
the integrity of the final cover, liner(s), or any other components of 
the containment system, or the function of the facility's monitoring 
systems, unless the Regional Administrator finds that the disturbance:
    (1) Is necessary to the proposed use of the property, and will not 
increase the potential hazard to human health or the environment; or
    (2) Is necessary to reduce a threat to human health or the 
environment.
    (d) All post-closure care activities must be in accordance with the 
provisions of the approved post-closure plan as specified in Sec.  
265.118.