Section 30.583 - Contents and Approval of Closure Plan; Notification of Closure(1) The owner or operator of a facility shall have a written closure plan that complies with the requirements of 310 CMR 30.580. The owner or operator of a facility at which there is a surface impoundment described in 310 CMR 30.617(5) or a waste pile described in 310 CMR 30.649(3) from which the owner or operator intends to remove all hazardous waste at closure shall have a contingent closure plan that complies with the requirements of 310 CMR 30.590 and, as applicable, in 310 CMR 30.617(5) and 30.649(3). Each closure plan shall identify the activities that shall, and each contingent closure plan shall identify the activities that might, be necessary to close the hazardous waste management unit or facility at any point during its intended operating life or at the end of its intended operating life. The closure plan shall include at least:(a) A description of how and when each hazardous waste management unit at the facility will be closed during the facility's intended operating life, and the facility as a whole will be closed at the end of its intended operating life. The plan shall identify how the requirements of 310 CMR 30.580 shall be complied with.(b) A description that shall identify the capacity and extent of the facility's operation that is planned to be active at the time that the capacity and extent of the facility's operation will be at maximum.(c) An estimate of the maximum inventory of hazardous wastes ever on the site of the facility over the active life of the facility.(d) A detailed description of the methods to be used during closure(s), including, but not limited to, methods for removing, transporting, treating, storing, or disposing of all hazardous wastes, and identification of the type(s) of the off-site hazardous waste management units to be used, if applicable.(e) A detailed description of the steps needed to remove hazardous waste residues from, or decontaminate, all contaminated containment system components, and all facility equipment, structures, and soils during closure(s). This description shall include, but not be limited to, procedures for cleaning equipment and removing contaminated soils, methods for sampling and testing surrounding soils, and criteria for determining the extent of decontamination required to comply with the closure performance standard, 310 CMR 30.582.(f) A detailed description of other activities necessary during the period of each closure to ensure that all closures comply with the closure performance standard, 310 CMR 30.582. This description shall include, but not be limited to, ground water monitoring, leachate collection, and run-on and run-off control.(g) A schedule for closure of each hazardous waste management unit and for final closure of the facility. The schedule shall include, at a minimum, the total time required to close each hazardous waste management unit, and the time required for intervening closure activities which will allow tracking of the progress of closure. For example, in the case of a landfill unit, the plan shall include estimates of the time required to treat or dispose of all hazardous waste inventory and of the time required to place a final cover. In addition, facilities that use trust funds to demonstrate financial assurance for closure pursuant to 310 CMR 30.904 shall include an estimate of the expected year of closure. Facilities not using trust funds are not required to estimate the expected year of closure, provided that the closure fund mechanism is funded appropriately and updated annually.(h) A description of how the requirements of 310 CMR 30.580, and the applicable closure requirements of 310 CMR 30.606(1) through (3), 30.617, 30.633, 30.649, 30.659, 30.689, and 30.699 will be complied with.(2) Amendments of closure plans shall be subject to the following provisions: (a) All applications to the Department for approval to amend a facility's closure plan shall include a copy of the proposed amended closure plan. The owner or operator shall submit a written notification of or request for a license modification to authorize a change in the approved closure plan in compliance with 310 CMR 30.802 through 30.807. The Department shall classify the proposed amendment in accordance with 310 CMR 30.852. The Department shall act in accordance with the requirements and procedures set forth in 310 CMR 30.852.(b) The owner or operator may apply to the Department for approval to amend the closure plan for the facility as a whole, or for a particular hazardous waste management unit or units, at any time prior to giving notification of closure of the facility as a whole, or the hazardous waste management unit(s) in question, as the case may be. Except as provided in 310 CMR 30.852 and 30.890, denial of an application to amend a closure plan shall not be subject to public notice, public comment, or public hearings.(c) The owner or operator shall apply to the Department for approval to amend the facility's closure plan whenever 1. changes in operating plans or facility design affect the closure plan, or2. there is a change in the expected year of closure, if applicable, or3. in conducting closure activities, unexpected events (including, but not limited to, a change in applicable regulations when published in the Massachusetts Register) require a modification of the approved closure plan, or4. the Department requests or orders an amendment of the facility's closure plan.(d) The deadline for the owner or operator to file required applications to the Department for approval to amend the facility's closure plan shall be as follows: 1. At least 60 days prior to a proposed change in facility design or operation.2. Not more than 60 days after an unexpected event has occurred (including, but not limited to, a change in applicable regulations when published in the Massachusetts Register) that affects the closure plan, if the unexpected event does not occur during a closure period.3. Not more than 30 days after an unexpected event has occurred (including, but not limited to, a change in applicable regulations when published in the Massachusetts Register) that affects the closure plan, if the unexpected event occurs during a closure period.4. Not more than 60 days after the Department requests or orders an amendment of the facility's closure plan if the event(s) cited by the Department for issuing the request or order do(es) not occur during a closure period.5. Not more than 30 days after the Department requests or orders an amendment of the facility's closure plan if any event(s) cited by the Department for issuing the request or order occur(s) during a closure period.(e) If the Department determines that a surface impoundment or waste pile shall be closed as a landfill in accordance with requirements set forth in 310 CMR 30.620, the owner or operator of the surface impoundment or waste pile shall submit an amended closure plan to the Department. The deadline for submittal shall be:1. Not more than 60 days after the date of the Department's determination if the Department does not make the determination during a closure period.2. Not more than 30 days after the date of the Department's determination if the Department makes the determination during a closure period.(3) The owner or operator shall notify the Department of each expected closure subject to the following provisions. (a) The owner or operator shall notify the Department in writing at least 60 days prior to the date on which he expects to begin closure of a surface impoundment, waste pile, land treatment unit, or landfill unit, or closure of a facility with any such unit.(b) The owner or operator shall notify the Department in writing at least 45 days prior to the date on which he expects to begin1. closure of a unit consisting of one or more treatment or storage tanks, a container storage unit, or an incinerator unit, or2. closure of a facility with only units described in 310 CMR 30.583(3)(b)1., or3. closure of any other unit or facility not subject to 310 CMR 30.583(3)(a).(c) The date on which the owner or operator "expects to begin . . . closure" shall be1. no later than 30 days after the date on which any hazardous waste management unit receives the known final volume of hazardous waste, or2. if there is a reasonable possibility that the hazardous waste management unit will receive additional hazardous wastes, no later than one year after the date on which the unit received the most recent volume of hazardous waste.(d) The Department may approve an extension of the one-year limit set forth in 310 CMR 30.583(3)(c)2. Such an extension shall be in writing, shall be subject to the requirements and procedures set forth in 310 CMR 30.800, and, in addition, may be granted, and may be allowed to remain in effect, only if the owner or operator has persuaded the Department that1. the hazardous waste management unit or facility has the capacity to receive additional hazardous waste, and2. he has taken, and will continue to take, all steps to prevent threats to public health, safety, and welfare, and the environment, including compliance with all applicable license requirements.(e) If the facility's hazardous waste license is suspended or revoked, or if the facility is otherwise ordered by the Department, by a court of competent jurisdiction, or by any other government agency or body politic to cease receiving hazardous waste or to close, then the requirements set forth in 310 CMR 30.583(3)(a) through (d) do not apply. However, the owner or operator shall close the facility in accordance with the deadlines set forth in 310 CMR 30.584, and in compliance with all applicable provisions of 310 CMR 30.000. In addition, the owner or operator shall promptly notify the Department whenever the facility is ordered by a court of competent jurisdiction, or by any government agency or body politic other than the Department, to cease receiving hazardous waste or to close.(f) Except as provided in 310 CMR 30.583(2)(c)4 and 30.583(2)(e), nothing in 310 CMR 30.583 shall preclude an owner or operator from removing hazardous wastes and decontaminating or dismantling equipment in accordance with the approved closure plan at any time before or after notification of closure.