3745-56-28 Closure and post-closure.

(A) At closure the owner or operator must:

(1) Remove or decontaminate all waste residues, contaminated containment system components (liners, etc.), contaminated subsoils, and structures and equipment contaminated with waste and leachate, and manage them as hazardous waste unless paragraph (D) of rule 3745-51-03 of the Administrative Code applies; or

(2)

(a) Eliminate free liquids by removing liquid wastes or solidifying the remaining wastes and waste residues; and

(b) Stabilize remaining wastes to a bearing capacity sufficient to support final cover; and

(c) Cover the surface impoundment with a final cover designed and constructed to:

(i) Provide long-term minimization of the migration of liquids through the closed impoundment; and

(ii) Function with minimum maintenance; and

(iii) Promote drainage and minimize erosion or abrasion of the final cover; and

(iv) Accommodate settling and subsidence so that the cover's integrity is maintained; and

(v) Have a permeability less than or equal to the permeability of any bottom liner system or natural subsoils present.

(B) If some waste residues or contaminated materials are left in place at final closure, the owner or operator must comply with all post-closure requirements contained in rules 3745-55-17 to 3745-55-20 of the Administrative Code, including maintenance and monitoring throughout the post-closure care period(specified in the permit under rule 3745-55-17 of the Administrative Code). The owner or operator must:

(1) Maintain the integrity and effectiveness of the final cover, including making repairs to the cap as necessary to correct the effects of settling, subsidence, erosion, or other events; and

(2) Maintain and monitor the leak detection system in accordance with paragraphs (C)(2)(d) and (C)(3) of rule 3745-56-21 and paragraph (D) of rule 3745-56-26 of the Administrative Code, and comply with all other applicable leak detection system requirements of Chapters 3745-54 to 3745-57 and 3745-205 of the Administrative Code.

(3) Maintain and monitor the ground water monitoring system and comply with all other applicable requirements of rules 3745-54-90 to 3745-54-101 of the Administrative Code; and

(4) Prevent run-on and run-off from eroding or otherwise damaging the final cover.

(C)

(1) If an owner or operator plans to close a surface impoundment in accordance with paragraph (A)(1) of this rule, and the impoundment does not comply with the liner requirements of paragraph (A) of rule 3745-56-21 of the Administrative Code and is not exempt from them in accordance with paragraph (B) of rule 3745-56-21 of the Administrative Code, then:

(a) The closure plan for the impoundment, under rule 3745-55-12 of the Administrative Code must include both a plan for complying with paragraph (A)(1) of this rule and a contingent plan for complying with paragraph (A)(2) of this rule in case not all contaminated subsoils can be practicably removed at closure; and

(b) The owner or operator must prepare a contingent post-closure plan under rule 3745-55-18 of the Administrative Code for complying with paragraph (B) of this rule in case not all contaminated subsoils can be practicably removed at closure.

(2) The cost estimates calculated under rules 3745-55-42 and 3745-55-44 of the Administrative Code for closure and post-closure care of a surface impoundment subject to paragraphs (C) to (C)(2) of this rule must include the cost of complying with the contingent closure plan and the contingent post-closure plan, but are not required to include the cost of expected closure under paragraph (A)(1) of this rule.

Eff. 1-7-83; 8-30-84; 5-29-85 (Emer.); 8-29-85; 12-30-89; 3-13-02; Replaces old 3745-56-28, eff. 12-7-04
Rule promulgated under: RC 119.03
Rule authorized by: 3734.12
Rule amplifies: RC 3734.12
R.C. 119.032 review dates: Exempt