Section 287.342. Final closure certification

(a) If the operator of a residual waste processing or disposal facility believes that all closure and postclosure requirements applicable to the facility have been met, the operator may file a request for final closure certification with the Department.

(b) The final closure certification request shall be accompanied by a nonrefundable administration fee in the form of a check payable to the ‘‘Commonwealth of Pennsylvania’’ for the following amount:

(1) Eight thousand eight hundred dollars for residual waste landfills and residual waste disposal impoundments.

(2) Six hundred dollars for all other residual waste processing or disposal facilities.

(c) The Department will not issue a final closure certification unless the operator demonstrates that:

(1) The applicable operating requirements of the act, the environmental protection acts, this title, the permit, the approved closure plan and orders of the Department have been complied with.

(2) One of the following remediation standards is met and maintained at the identified compliance points:

(i) The Statewide health standard at and beyond the property boundary.

(ii) The background standard at each well selected to determine the extent of contamination, as identified in § 288.256(c)(1) or § 289.266(c)(1) (relating to groundwater assessment plan).

(iii) The site-specific standard at and beyond the property boundary.

(3) No further remedial action, maintenance or other activity by the operator is necessary to continue compliance with the act, the environmental protection acts, this title, the permit, the approved closure plan and orders of the Department.

(4) The facility is not causing adverse effects on the environment, and is not causing a nuisance.

(d) For measuring compliance with secondary contaminants, under subsection (c)(2)(i) or (iii), the Department may approve a compliance point beyond the property boundary up to a water source.

(e) Upon a request for final closure certification, the Department will inspect the facility to verify that closure, postclosure and final closure have been completed as provided in this section (c).

(f) The date of the Department’s final closure certification shall be the date of commencement of the 10-year bond liability period following final closure.

(g) The final closure certification will not be construed as a guarantee of future performance nor will it constitute a waiver or release of bond liability or other liability existing in law or equity for adverse environmental effects or conditions of noncompliance at the time of the certification or at a future time, for which the operator shall remain expressly liable. The issuance of a final closure certification does not discharge an owner or operator from liability to restore the groundwater to remediation standards and to maintain groundwater quality, at a minimum, at those levels.

(h) If subsequent to the issue of a certification of final closure, the Department determines that additional postclosure measures are required to abate or prevent adverse effects upon the environment or the public health, safety and welfare, the Department will issue a written notice to the operator setting forth the schedule of measures to be taken to bring the facility into compliance. The measures include the applicable requirements of this article.

(i) If after the issuance of a certification of final closure the Department determines that the level of risk is increased beyond the acceptable range at a facility due to substantial changes in exposure conditions, such as in a change in land use from a nonresidential to a residential use, or new information is obtained about a substance associated with the facility which revises exposure assumptions beyond the acceptable range, additional remediation shall be required.

(j) For purposes of this section, ‘‘property boundary’’ is the delineation of the parcel of land as described in the deed existing on the date the facility ceases to accept waste.

The provisions of this § 287.342 amended January 12, 2001, effective January 13, 2001, 31 Pa.B. 235. Immediately preceding text appears at serial pages (226546) to (226547).

Notation

Cross References

This section cited in 25 Pa. Code § 287.115 (relating to filing by permitted facilities); 25 Pa. Code § 287.117 (relating to closure plan); 25 Pa. Code § 287.314 (relating to duration of bond liability); 25 Pa. Code § 287.341 (relating to release of bonds); 25 Pa. Code § 288.292 (relating to closure); 25 Pa. Code § 289.172 (relating to closure plan); 25 Pa. Code § 289.312 (relating to closure); 25 Pa. Code § 293.262 (relating to cessation of operations); 25 Pa. Code § 295.282 (relating to cessation of operations); and 25 Pa. Code § 297.272 (relating to cessation of operations).