Section 20950 - SWRCB - General Closure and Post-Closure Maintenance Standards Applicable to Waste Management Units (Units) for Solid Waste. (C15: s2580) (California Code of Regulations)

§ 20950. SWRCB - General Closure and Post-Closure Maintenance Standards Applicable to Waste Management Units (Units) for Solid Waste. (C15: s2580)

[Note: For landfills, see also s21790 et seq.]

(a) General.

(1) Applicability -Dischargers who are implementing final closure of a new or existing classified solid waste management unit (Unit) or are implementing complete final closure of a portion of a solid waste landfill [incremental closure under s21090(b)(1)(D)] shall comply with the provisions of this article. The discharger shall carry out both mandatory closure (under s22190) and normal closure (e.g., at the end of the active life of the Unit) in accordance with a closure and post-closure plan (under s21769) which the RWQCB finds meets all applicable requirements that section and of this Subchapter, including but not limited to applicable performance standards under P (a)(2). For the purposes of the RWQCB, the final closure plan the discharger submits under this section constitutes an amendment to the report of waste discharge (under s21750). If a portion of a Unit was completely closed in accordance with an approved closure plan by November 27, 1984, the cover over the closed portion does not need to be modified to conform to the SWRCB's additional closure requirements in these regulations, unless monitoring data indicate impairment of beneficial uses of ground water. Classified Units shall be closed according to an approved closure and post-closure maintenance plan which provides for continued compliance with the applicable SWRCB-promulgated standards for waste containment and precipitation and drainage controls in Article 4, Subchapter 2, Chapter 3 of this subdivision (s20310 et seq.), and the monitoring program requirements in Article 5, Subchapter 2, Chapter 3 of this subdivision (s20380 et seq.), throughout the closure period and the post-closure maintenance period. Relative to the applicable SWRCB-promulgated requirements of this title, the post-closure maintenance period shall extend as long as the wastes pose a threat to water quality; for Units concurrently regulated by the RWQCB and by other state agencies (including the agents of such agencies), the RWQCB's finding that the waste in the Unit no longer poses a threat to water quality shall release the discharger only from the need to comply with the SWRCB-promulgated portions of this title, for that Unit. For land treatment facilities, relative only to the applicable SWRCB-promulgated requirements of this title, the post-closure maintenance period shall extend until treatment is complete.

(2) Performance Standards -The performance standards applicable to closure of a Unit and, for Units that are not clean-closed, to post-closure maintenance at the Unit are as follows:

(A) Unit Closed as a Landfill -for landfills that are not clean-closed and for waste piles and surface impoundments that are closed as a landfill:

1.Closure -for landfills and for waste piles and surface impoundments closed as landfills, the goal of closure, including but not limited to the installation of a final cover, is to minimize the infiltration of water into the waste, thereby minimizing the production of leachate and gas. For such Units, after closure, the final cover constitutes the Unit's principal waste containment feature; and

2.Post-Closure Maintenance -the goal of post-closure maintenance at such Units is to assure that the Unit continues to comply with the performance standard of P (a)(2)(A)1. until such time as the waste in the Unit no longer constitutes a potential threat to water quality;

(B) Unit Clean-Closed -for Units that are clean-closed, the goal of closure is to physically remove all waste and contaminated materials from the Unit and from its underlying and surrounding environs, such that the waste in the Unit no longer poses a threat to water quality. Successful completion of clean-closure eliminates the need for any post-closure maintenance period and removes the Unit from being subject to the SWRCB-promulgated requirements of this subdivision; and

(C) LTUs -for land treatment units (LTUs):

1.Closure -the goal of closure is to initiate the post-closure maintenance period;

2.Post-Closure Maintenance -the goal of post-closure maintenance is to continue Unit operations, without discharging additional waste to the Unit, in a manner which maximizes the degradation rate of the waste remaining within the treatment zone.

(b) Closure Supervision -Closure shall be under the direct supervision of a registered civil engineer or a certified engineering geologist.

(c) Unit Type -Class II Units and Class III landfills shall be closed in accordance with one of the following options:

(1) landfill: pursuant to s21090;

(2) surface impoundment: pursuant to s21400;

(3) waste pile: pursuant to s21410; or

(4) land treatment: pursuant to s21420.

(d) Surveying Monuments -Closed Units shall be provided with at least two permanent monuments installed by a licensed land surveyor or a registered civil engineer, from which the location and elevation of wastes, containment structures, and monitoring facilities can be determined throughout the post-closure maintenance period.

(e) Vegetation -For landfills and for waste piles and surface impoundments that are closed as landfills, all vegetation for the closed Unit's vegetative cover layer shall meet the requirements of s21090(a)(3)(A)1. [in cases where the Unit does not utilize the mechanically erosion resistant layer of s21090(a)(3)(A)2.].

(f) Closure/Post-Closure Financial Assurance -The RWQCB shall require the discharger to establish an irrevocable fund (or to provide other means) for closure and post-closure maintenance (see Articles 1 & 2 of Chapter 6 of this subdivision) to ensure closure and post-closure maintenance of each classified Unit in accordance with an approved plan. [Note: corrective action financial assurance standards continue to apply throughout closure and post-closure maintenance (see s20380(b) & s22222.)] For landfills required by the CIWMB to have financial assurance mechanisms under Chapter 6, the RWQCB shall assist the CIWMB:

(1) by verifying the amount of coverage proposed by the discharger to meet applicable SWRCB-promulgated requirements of this subdivision [Note: the CIWMB is responsible for the review, approval, and management of the financial assurance mechanisms for such Units]; and

(2) by participating in the CIWMB's periodic review of the adequacy of financial assurance mechanisms, and in any enforcement action that such review reveals, as necessary.

(1. New subchapter 5, article 1 (section 20950) and section filed 6-18-97; operative 7-18-97 (Register 97, No. 25).)

Note: Authority cited: Section 1058, Water Code. Reference: Section 13172, Water Code; Section 43103, Public Resources Code.

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