Section 271.113. Closure plan

(a) The Department may require a person or municipality that closed a municipal waste landfill, construction/demolition waste landfill or municipal waste disposal impoundment after September 7, 1980, and before April 9, 1988, to submit a closure plan to the Department under this section. The person or municipality shall submit the closure plan to the Department within 6 months after receiving written notice.

(b) A closure plan for municipal waste landfills or municipal waste disposal impoundments submitted under this section shall show how the operator plans to close in a manner that will protect public health, safety and the environment. At a minimum, the closure plan shall be consistent with the following:

(1) Final cover and grading requirements in § 273.234 (relating to final cover and grading).

(2) Sedimentation and erosion control requirements in § 273.242 (relating to soil erosion and sedimentation control).

(3) Revegetation requirements in § § 273.235 and 273.236 (relating to revegetation; and standards for successful revegetation).

(4) Water quality monitoring requirements in § § 273.281—273.288 (relating to water quality monitoring).

(5) Leachate management requirements in § § 273.271—273.277 (relating to leachate treatment).

(6) Gas venting and monitoring requirements in § 273.292 (relating to gas control and monitoring).

(7) Bonding and insurance requirements in Subchapter D (relating to financial assurances requirements).

(c) A closure plan for construction/demolition waste landfills submitted under this section shall show how the operator plans to close in a manner that will protect public health, safety and the environment. At a minimum, the closure plan shall be consistent with the following:

(1) Final cover and grading requirements in § 277.233 (relating to final cover and grading).

(2) Sedimentation and erosion control requirements in § 277.242 (relating to soil erosion and sedimentation control).

(3) Revegetation requirements in § 277.235 (relating to standards for successful revegetation).

(4) Water quality monitoring requirements in § § 277.281—277.288 (relating to water quality monitoring).

(5) Leachate management requirements in § § 277.271—277.277 (relating to leachate treatment).

(6) Bonding and insurance requirements in Subchapter D.

(d) The Department may waive or modify the applicable regulations concerning subsection (b)(1)—(6) or subsection (c)(1)—(5) if a person or municipality can demonstrate that an existing system or design performs at a level that is equivalent to the applicable regulations.

(e) The Department may approve, approve with modifications or disapprove a closure plan submitted under this subchapter.

(f) A person or municipality may not implement a closure plan submitted under this subchapter until the Department has approved the closure plan.

(g) Groundwater degradation at a municipal waste landfill which ceased receiving waste between September 7, 1980, and October 9, 1993, and groundwater degradation at a construction/demolition waste landfill or municipal waste disposal impoundment which ceased receiving waste after September 7, 1980 and before April 9, 1988, shall be remediated in accordance with one of the following:

(1) An approved closure plan, permit or any prior administrative consent order, consent adjudication, judicially approved consent order or other settlement agreement entered into with the Department.

(2) The remediation standards for other facilities in § 271.342(b)(4) (relating to final closure certification).

(h) A person or municipality may request final closure certification under § 271.342 upon completion of a closure plan approved under this section.

The provisions of this § 271.113 adopted April 8, 1988, effective April 9, 1988, 18 Pa.B. 1681; amended December 22, 2000, effective December 23, 2000, 30 Pa.B. 6685. Immediately preceding text appears at serial pages (225989) to (225990).

Notation

Cross References

This section cited in 25 Pa. Code § 271.312 (relating to existing facilities); 25 Pa. Code § 271.371 (relating to insurance requirement); 25 Pa. Code § 272.104 (relating to operator withdrawals from trust fund); 25 Pa. Code § 277.234 (relating to revegetation); and 25 Pa. Code § 285.124 (relating to impoundments—failure).