Kan. Admin. Regs. § 28-29-12

Current through Register Vol. 43, No. 40, October 3, 2024

Section 28-29-12 - Notification of closure, closure plans, and long-term care

(a) Notification of closure. All permittees shall notify the department in writing at least 60 days before closure.

(b) Closure plans. Persons desiring to obtain a permit shall file a site closure plan at the time a permit application is submitted. The closure plan shall delineate the finished construction of the processing facility or disposal area after closure. Closure plans for disposal areas shall also provide for long-term care when wastes are to remain at the area after closure. The plan shall be updated at the time of permit renewal or at the time notice of modification is submitted in accordance with K.A.R. 28-29-8(a), or at the time the notice of closure is submitted.

(c) If wastes are to remain at the disposal area after closure, the closure plan may be required by the department to be prepared by a professional engineer licensed to practice in Kansas. Upon completion of all the procedures provided for in the closure plan, the engineer shall certify that the disposal area was closed in accordance with the plan.

(d) Closure plan contents. The closure plan shall include the following when determined applicable by the secretary:

(1) Plans for the final contours, type and depth of cover material, landscaping, and access control;

(2) final surface water drainage patterns and runoff retention basins;

(3) plans for the construction of liners, leachate collection and treatment systems, gas migration barriers or other gas controls;

(4) cross sections of the site that delineate the disposal or storage locations of wastes. The cross sections shall depict liners, leachate collection systems, the waste cover, and other applicable details;

(5) plans for the post-closure operation and maintenance of liners, leachate and gas collection and treatment systems, cover material, runoff retention basins, landscaping, and access control;

(6) removal of all solid wastes from processing facilities;

(7) plans for monitoring and surveillance activities after closure;

(8) recording of a detailed site description, including a plot plan, with the department. The plot plan shall include the summaries of the logs or ledgers of waste in each cell, depth of fill in each cell, and existing conditions;

(9) a financial plan for utilization of the surety bond or cash bond required by K.S.A. 65-3407; and

(10) an estimate of the annual post-closure and maintenance costs.

(e) Long-term care. The owner of a solid waste disposal area, where the wastes are not removed as a part of the closure plan, shall provide long-term care for a period of at least 30 years following approval by the department of completion of the procedures specified in the closure plan. At the time of application for, or at the time of closure of, a solid waste disposal area permit, additional periods of long-term care may be specified by the secretary as the secretary deems necessary to protect public health or welfare, or the environment.

Kan. Admin. Regs. § 28-29-12

Authorized by K.S.A. 1996 Supp. 65-3406, as amended by L. 1997, Ch. 139, Sec. 1; implementing K.S.A. 1996 Supp. 65-3406, as amended by L. 1997, Ch. 139, Sec. 1, and 65-3407, as amended by L. 1997, Ch. 140, Sec. 4; effective, E-79-22, Sept. 1, 1978; effective May 1, 1979; amended, E-82-8, April 10, 1981; amended May 1, 1982; amended July 10, 1998.