Cal. Code Regs. tit. 27 § 21769

Current through Register 2024 Notice Reg. No. 25, June 21, 2024

Section 21769 - SWRCB-Closure and Post-Closure Maintenance Plan Requirements. [C15: Section 2597 // T14: Section 17776, Section 17778(g), Section 18260, Section 18261.3(a) (2 and 7), Section 18262, Section 18263, Section 18264]

[Note: see also § 21790 et seq.]

(a) Scope, Applicability, & Purpose--The SWRCB-promulgated sections in this subchapter set forth the requirements for the discharger's development and implementation of the preliminary and final closure and post-closure maintenance plans and for the RWQCB's review and approval of such plans. The SWRCB-promulgated sections of this Subchapter apply to all dischargers who own or operate a Class II or Class III Unit that is subject to the SWRCB-promulgated requirements of this subdivision. The purpose of such plans is to ensure that:

(1) Performance Standards--the discharger will close the Unit, and will maintain the Unit during the post-closure maintenance period, in a manner that achieves applicable performance standards under § 20950(a)(2); and

(2) Funding--the discharger provides funds, through an acceptable financial mechanism, to achieve the goals of ¶(a)(1).

(b) Preliminary Closure/Post-Closure Maintenance Plan.

(1) Purpose--The preliminary closure and post-closure maintenance plan for a Unit shall provide a reasonable estimate of the maximum expected cost that would be incurred at any time during the Unit's projected life for a third party both to close the Unit and to carry out the first thirty years of post-closure maintenance, pursuant to all applicable SWRCB-promulgated requirements of this subdivision, including but not limited to the closure and post-closure requirements under Subchapter 5 of Chapter 3 (§ 20950 et seq.).

(2) Contents--For Units not jointly regulated by the RWQCB and the CIWMB/EA, this information shall be included as an integrated or separable [e.g., separately bound] part of the ROWD under § 21710. For Units jointly regulated by both the RWQCB and the CIWMB/EA, this information shall be included as an integral or separable part of the JTD under § 21585. At a minimum, the plan shall include:

(A) Cost Analysis--a lump sum estimate of the cost of carrying out all actions necessary to close the Unit, to prepare detailed design specifications, to develop the final closure and post- closure maintenance plan, and to carry out the first thirty years of post-closure maintenance, pursuant to all applicable SWRCB-promulgated requirements of Subchapter 5 of Chapter 3 (§ 20950 et seq.); and

(B) Map--a topographic map, drawn at appropriate scale and contour interval, and drawn to an appropriate level of detail, showing:

1. the boundaries of the Unit to be closed, including the proposed final limits of waste placement;

2. the boundaries of the facility; and

3. the boundaries of the waste received, if any, as of the date of the plan submittal;

4. the proposed final contours of the Unit and of its surrounding area; and

5. any changes in surface drainage patterns caused by the proposed final contours of the Unit and of its surrounding area, as compared to the preexisting natural drainage patterns.

(c) Final Closure/Post-Closure Maintenance Plan.

(1) Purpose--The purpose of the final closure and post-closure maintenance plan is:

(A) to provide, for review by the RWQCB, an accurate, detailed list and schedule of all actions necessary to close the Unit and to carry out post-closure maintenance in accordance with all applicable SWRCB-promulgated requirements of this subdivision, including but not limited to the closure and post-closure requirements under Subchapter 5 of Chapter 3 (§ 20950 et seq.);

(B) to provide, for review by the RWQCB, an accurate estimate of the cost of achieving each action listed in the plan; and

(C) upon the plan's being approved by the RWQCB, to provide an enforceable list and schedule of actions necessary for providing water quality protection at the Unit during the closure and post-closure maintenance periods.

(2) Contents--The final closure and post-closure maintenance plan for the Unit shall include at least the following information. For Units not jointly regulated by the RWQCB and the CIWMB/EA, this information shall be included as an integrated or separable [e.g., separately bound] part of the ROWD under § 21710. For Units jointly regulated by both the RWQCB and the CIWMB/EA, this information shall be included as an integral or separable part of the JTD under § 21585. Minimum plan contents shall include:

(A) Itemized Cost Analysis--a detailed itemized listing of all actions, and their associated costs, necessary to close the Unit and to carry out the first thirty years of post-closure maintenance, pursuant to all applicable SWRCB-promulgated requirements of Subchapter 5 of Chapter 3 (§ 20950 et seq.);

(B) Closure Schedule--a proposed schedule for final closure including, where appropriate, for incremental closure (complete closure of successive portions of the landfill);

(C) Final Treatment Procedures--a description of any final treatment procedures which the discharger proposes to use for the wastes in each Unit, including methods for total removal and decontamination, if applicable. If the discharger is proposing alternative treatment or disposal procedures for particular Units (or, as appropriate, for the entire facility), the plan shall include a description of the alternatives;

(D) Map--a topographic map, drawn at appropriate scale and contour interval, and drawn to an appropriate level of detail, showing:

1. the boundaries of the Unit(s) to be closed and of the facility;

2. the projected final contours of the Unit and its surrounding area;

3. any changes in surface drainage patterns, as compared to the preexisting natural drainage patterns; and

4. the final limits of waste placement;

(E) Changes To Description Under § 21750 --a revised and updated submittal of any Unit characteristics of the closed Unit to the extent that they differ from the description provided by the discharger in the existing ROWD (under § 21750);

(F) Changes To Description Under § 21760 --a description of the following aspects of the closed Unit, to the extent that they differ from the description provided by the discharger under the Design Report and Operations Plan submitted pursuant to § 21760:

1. the design and the location of all features and systems which will provide waste containment during the post-closure maintenance period;

2. the precipitation, drainage, and erosion control features;

3. the leachate control features and procedures at closed Units, including the design and operation of the LCRS;

4. a discussion, including a map, of ground water and unsaturated zone monitoring programs for the closure and post-closure maintenance periods, addressing the location, construction details, and rationale of all monitoring facilities;

(G) MSW--for MSW landfills only, all additional federal requirements incorporated by reference in SWRCB Resolution No. 93-62 for the protection of water quality [see §§ 258.60 (c-j), and §§ 258.61(c)(3) and (e) of 40CFR 258] ; and

(H) Land Use of Closed Unit--the proposed post-closure land use of the disposal site and the surrounding area. If the Unit is to be used for purposes other than nonirrigated open space during the post-closure maintenance period, the discharger shall submit a map showing all proposed structures, landscaping, and related features to be installed and maintained over the final landfill cover. This map shall be at a scale of 1" = 100', unless the RWQCB allows use of another scale that is more appropriate to a given Unit, and shall be accompanied by:

1. Water Balance Analysis--a description and quantification of water entering, leaving, and remaining on-site from all sources to determine potential adverse impacts due to the proposed use, and corresponding mitigative design features and monitoring schemes that will ensure the physical and hydraulic integrity of the final cover in spite of the proposed post-closure land use;

2. Water Penetration Detection Method--detailed design plans and description(s) of the monitoring schemes, including any associated monitoring system(s), that will effectively detect penetration of the final cover by precipitation or applied irrigation waters; and

3. Final Cover Protection--for Units to be closed after July 18, 1997, a description of how the features described in (c)(2)(H) will be installed, operated, and maintained in a manner that does not jeopardize the performance of the final cover [see § 20950(a)(2)(A)] .

(d) Plan Review and Approval--The RWQCB shall review and approve all preliminary and final closure and post-closure maintenance plans for all portions of the plans which are related to the protection of the waters of the state, including the associated CQA plan, for Class II Units and Class III landfills. For landfill Units jointly regulated by the RWQCB and the CIWMB/EA, the RWQCB's review and approval of preliminary and final closure and post- closure maintenance plans shall follow the same schedule as for the development or revision of WDRs (see PRC § 43506). For landfills, the RWQCB shall review final closure and post- closure maintenance plans in coordination with the EA, pursuant to § 21585 (b & c).

Cal. Code Regs. Tit. 27, § 21769

1. New subchapter 4 (sections 21769-21900) and section filed 6-18-97; operative 7-18-97 (Register 97, No. 25).
2. Amendment of subchapter heading filed 2-25-2008; operative 2-25-2008 pursuant to Government Code section 11343.4 (Register 2008, No. 9).

Note: Authority cited: Section 1058, Water Code. Reference: Section 13360, Water Code, and Sections 43103, 43506, 43509 and 43601, Public Resources Code.