Current through Register 1533, October 25, 2024
Section 19.140 - Landfill Closure Requirements(1)General. Any facility that must stop accepting solid waste in accordance with 310 CMR 19.000, any permit, authorization or order issued by the Department or a court of competent jurisdiction or under any other circumstances shall comply with the requirements of 310 CMR 19.140.(2)Notification of Voluntary Closure. The owner and/or operator shall notify the Department no later than six months prior to the date that the facility will stop accepting solid waste.(3)Closure Assessment. The owner or operator of a landfill shall initiate an assessment in accordance with 310 CMR 19.150 prior to landfill closure to determine and evaluate the extent of any adverse impact(s) of the landfill on the environment as a result of the construction or operation and maintenance of the facility and develop a corrective action design in accordance with 310 CMR 19.151.(4)Preparation and Submittal of Final Closure/Post-closure Plans. The operator shall submit the final closure/post-closure plan prior to undertaking any closure construction activities. In addition to the information provided in the conceptual closure/post-closure plan developed in accordance with 310 CMR 19.104(6), the final closure/post-closure plan shall include:(a) a report containing the findings of the site assessment required under 310 CMR 19.150;(b) a proposed schedule of remedial or corrective actions, as required based on the assessment or other information, in accordance with 310 CMR 19.150 and 19.151;(c) modified design plans, if necessary, based upon deviations from the conceptual closure plans and/or the actions required under 310 CMR 19.150 and 19.151; and(d) a description and schedule of proposed post-closure maintenance, monitoring and assessment activities necessary to protect the public health, safety and the environment.(5)Department Review. The Department may approve the final closure and post-closure plans if the Department is persuaded by the applicant that the provisions in the plan would ensure that:(a) solid waste disposal activities shall be terminated upon the facility stop date;(b) no conditions exist that could attract vectors or cause nuisance conditions;(c) the facility will be deactivated or closed; and(d) all practicable measures shall be taken to prevent pollution of the environment or a threat to public health or safety from the site.(6)Completion of Closure. A facility shall be deemed closed on the date of the Department's written determination that the closure of the facility has been completed in accordance with the permit.(a) A facility shall be deemed to be closed for the purposes of 310 CMR 19.000 on the date of the Department's determination. A facility shall be deemed to be closed only after the applicant has documented that the Notice of Landfill Operation has been recorded or registered as required pursuant to 310 CMR 19.141 and the Department has issued its determination of closure.(b) The post-closure period shall begin on the date of the Department's determination.