Rule 3745-525-750 | Post-closure care requirements, 40 C.F.R. 257.104.
(A) Applicability.
(1) Except as provided by paragraph (A)(2) of this rule, rule 3745-525-750 of the Administrative Code applies to the owners or operators of CCR units that are subject to the closure criteria under rule 3745-525-720 of the Administrative Code.
(2) An owner or operator of a CCR unit that elects to close a CCR unit by removing CCR as provided by paragraph (C)(1) of rule 3745-525-720 of the Administrative Code is not subject to the post-closure care criteria under this rule.
(B) Post-closure care maintenance requirements. Following closure of the CCR unit, the owner or operator shall conduct post-closure care for the CCR unit, which shall consist of at least the following:
(1) Maintaining the integrity and effectiveness of the final cover system, including making repairs to the final cover as necessary to correct the effects of settlement, subsidence, erosion, or other events, and preventing run-on and run-off from eroding or otherwise damaging the final cover.
(2) If the CCR unit is subject to the design criteria under rule 3745-525-201 of the Administrative Code, maintaining the integrity and effectiveness of the leachate collection and removal system and operating the leachate collection and removal system in accordance with the requirements of rule 3745-525-201 of the Administrative Code.
(3) Maintaining the groundwater monitoring system and monitoring the groundwater in accordance with the requirements of rules 3745-525-900 to 3745-525-970 of the Administrative Code.
(C) Post-closure care period.
(1) Except as provided by paragraphs (C)(2) and (C)(3) of this rule, the owner or operator of the CCR unit shall conduct post-closure care for thirty years.
(2) If at the end of the post-closure care period the owner or operator of the CCR unit is operating under assessment monitoring in accordance with rule 3745-525-940 of the Administrative Code, the owner or operator shall continue to conduct post-closure care until the owner or operator returns to detection monitoring in accordance with rule 3745-525-940 of the Administrative Code.
(3) An owner or operator closing a unit pursuant to paragraph (C)(2) of rule 3745-525-720 of the Administrative Code shall complete groundwater corrective action in accordance with paragraph (C) of rule 3735-525-970 of the Administrative Code.
(D) Written post-closure plan.
(1) Content of the plan. The owner or operator of a CCR unit shall prepare a written post-closure plan that includes, at a minimum, the information specified in paragraphs (D)(1)(a) to (D)(1)(c) of this rule.
(a) A description of the monitoring and maintenance activities required in paragraph (B) of this rule for the CCR unit, and the frequency at which these activities will be performed.
(b) The name, address, telephone number, and email address of the person or office to contact about the facility during the post-closure care period.
(c) A description of the planned uses of the property during the post-closure period. Post-closure use of the property shall not disturb the integrity of the final cover, liner, or any other component of the containment system, or the function of the monitoring systems unless necessary to comply with the requirements in this chapter. Any other disturbance is allowed if the owner or operator of the CCR unit demonstrates that disturbance of the final cover, liner, or other component of the containment system, including any removal of CCR, will not increase the potential threat to human health or the environment. The demonstration shall be certified by a qualified professional engineer, and notification shall be provided to the director that the demonstration has been placed in the operating record and on the owners or operator's publicly accessible internet site.
(2) Deadline to prepare the initial written post-closure plan.
(a) Existing CCR landfills and existing CCR surface impoundments. Not later than October 17, 2016, the owner or operator of the CCR unit shall prepare an initial written post-closure plan consistent with the requirements specified in paragraph (D)(1) of this rule.
(b) New CCR landfills, new CCR surface impoundments, and any lateral expansion of a CCR unit. Not later than the date of the initial receipt of CCR in the CCR unit, the owner or operator shall prepare an initial written post-closure plan consistent with the requirements specified in paragraph (D)(1) of this rule.
(c) Recordkeeping. The owner or operator has completed the written post-closure plan when the plan, including the certification required by paragraph (D)(4) of this rule, has been placed in the facility's operating record as required by paragraph (I)(9) of rule 3745-525-50 of the Administrative Code.
(3) Amendment of a written post-closure plan.
(a) The owner or operator may amend the initial or any subsequent written post-closure plan developed pursuant to paragraph (D)(1) of this rule at any time.
(b) The owner or operator shall amend the written closure plan whenever the following occur:
(i) There is a change in the operation of the CCR unit that would substantially affect the written post-closure plan in effect.
(ii) After post-closure activities have commenced, unanticipated events necessitate a revision of the written post-closure plan.
(c) The owner or operator shall amend the written post-closure plan at least sixty days prior to a planned change in the operation of the facility or CCR unit, or not later than sixty days after an unanticipated event requires the need to revise an existing written post-closure plan. If a written post-closure plan is revised after post-closure activities have commenced for a CCR unit, the owner or operator shall amend the written post-closure plan not later than thirty days following the triggering event.
(4) The owner or operator of the CCR unit shall obtain a written certification from a qualified professional engineer that the initial and any amendment of the written post-closure plan meets the requirements of this rule.
(E) Notification of completion of post-closure care period. Not later than sixty days following the completion of the post-closure care period, the owner or operator of the CCR unit shall prepare a notification verifying that post-closure care has been completed. The notification shall include the certification by a qualified professional engineer verifying that post-closure care has been completed in accordance with the closure plan specified in paragraph (D) of this rule and the requirements of this rule. The owner or operator has completed the notification when it has been placed in the facility's operating record as required by paragraph (I)(10) of rule 3745-525-50 of the Administrative Code.
(F) The owner or operator of the CCR unit shall comply with the recordkeeping requirements specified in paragraph (I) of rule 3745-525-50 of the Administrative Code, the notification requirements specified in paragraph (I) of rule 3745-525-60 of the Administrative Code, and the internet requirements specified in paragraph (I) of rule 3745-525-70 of the Administrative Code.
(G) Removal of a deed notation. The owner or operator of a CCR unit closed pursuant to paragraph (C)(2) of rule 3745-525-720 of the Administrative Code and this rule may remove the notation from the deed specified in paragraph (I) of rule 3745-525-720 of the Administrative Code upon the following:
(1) Completion of groundwater corrective action demonstrating that any areas affected by releases from the CCR unit do not exceed the groundwater protection standards established pursuant to paragraph (H) of rule 3745-525-940 of the Administrative Code for constituents listed in appendix B to rule 3745-525-900 of the Administrative Code.
(2) Completion of the notification of completion of post-closure care period required by paragraph (E) of this rule.
Last updated October 1, 2026 at 11:01 AM
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