Section 277.322. Closure

(a) The operator shall implement the closure plan approved by the Department under § 277.192 (relating to closure plan).

(b) At least 180 days before implementation of a closure plan the operator shall review its approved closure plan to determine whether the plan requires modification, and shall submit proposed changes to the Department for approval under § 271.222 (relating to permit modification).

(c) If groundwater degradation exists at closure or occurs after closure, a person shall meet one of the following:

(1) Continue to implement an approved abatement plan.

(2) Submit an application for a closure plan modification in accordance with the procedures for a major permit modification. The operator shall select one or more remediation standards that will be met in accordance with the final closure certification requirements in § 271.342 (relating to final closure certification).

(d) An application for a closure plan modification shall include the following:

(1) Technical information and supporting documentation identifying the remediation activities that will be conducted to meet and maintain the remediation standards.

(2) If a remedy relies on access to or use of properties owned by third parties, for remediation or monitoring, documentation of cooperation or agreement.

(e) After closure, the Department may modify, in accordance with § 271.144 (relating to public notice and public hearings for permit modifications), the frequency of monitoring for a parameter for which quarterly monitoring is required under § 277.284 (relating to sampling and analysis) to a semiannual frequency if the operator demonstrates the following:

(1) The parameter has not caused or contributed to groundwater degradation.

(2) Based upon the characteristics of the waste at the facility and the performance of the liner system, the parameter is unlikely to cause or contribute to groundwater degradation in the future.

(f) The Department may modify the frequency of monitoring for a parameter for which semiannual monitoring was approved under subsection (e) to an annual basis if the results of semiannual monitoring continue to demonstrate the following:

(1) The parameter has not caused or contributed to groundwater degradation.

(2) Based upon the characteristics of the waste at the facility and the performance of the liner system, the parameter is unlikely to cause or contribute to groundwater degradation in the future.

(g) The Department may reinstate the requirement of quarterly monitoring for any parameter monitored under subsection (e) or (f) if the Department has reason to believe that the parameter may cause or contribute to groundwater degradation.

The provisions of this § 277.322 amended December 22, 2000, effective December 23, 2000, 30 Pa.B. 6685. Immediately preceding text appears at serial page (238987).