S.C. Code Regs. § § 61-79.264.G.118

Current through Register Vol. 48, 12, December 27, 2024

Section 61-79.264.G.118 - Postclosure plan; amendment of plan

(a) Written Plan. The owner or operator of a hazardous waste disposal unit must have a written postclosure plan. In addition, certain surface impoundments and waste piles from which the owner or operator intends to remove or decontaminate the hazardous wastes at partial or final closure are required by 264.228(c)(1)(ii) and 264.258(c)(1)(ii) to have contingent postclosure plans. Owners or operators of surface impoundments and waste piles not otherwise required to prepare contingent postclosure plans under 264.228(c)(1)(ii) and 264.258(c)(1)(ii)must submit a postclosure plan to the Department within 90 days from the date that the owner or operator or the Department determines that the hazardous waste management unit must be closed as a landfill, subject to the requirements of 264.117 through 264.120. The plan must be submitted with the permit application in accordance with R.61-79.270.14(b)(13)(b)(13) and approved by the Department as part of the permit issuance procedures under R.61-79.124. In accordance with R.61-79.270.32, the approved postclosure plan will become a condition of any RCRA permit issued.

(b) For each hazardous waste management unit subject to the requirements of this Section, the post-closure plan must identify the activities that will be carried on after closure of each disposal unit and the frequency of these activities, and include at least:

(1) A description of the planned monitoring activities and frequencies at which they will be performed to comply with R.61-79.264 Subparts F, K, L, M, N and X during the post-closure care period; and

(2) A description of the planned maintenance activities, and frequencies at which they will be performed, to ensure:

(i) The integrity of the cap and final cover or other containment systems in accordance with the requirements of R.61-79.264 Subparts F, K, L, M, N and X; and

(ii) The function of the monitoring equipment in accordance with the requirements of R.61-79.264 Subparts F, K, L, M, N and X; and

(3) The name, address, and phone number of the person or office to contact about the hazardous waste disposal unit or facility during the post-closure care period.

(4) For facilities where the Department has applied alternative requirements at a regulated unit under 264.90(f), and/or 264.110(c), the alternative requirements that apply to the regulated unit.

(c) Until final closure of the facility, a copy of the approved post-closure plan must be furnished to the Department upon request, including request by mail. After final closure has been certified, the person or office specified in Section264.118(b)(3)(b)(3) must keep the approved post-closure plan during the remainder of the post-closure period.

(d) Amendment of plan. The owner or operator must submit a written notification of or a request for a permit modification to authorize a change in the approved post-closure plan in accordance with the applicable requirements in Parts 124 and 270. The written notification or request must include a copy of the amended post-closure plan for review or approval by the Department.

(1) The owner or operator may submit a written notification or request to the Department for a permit modification to amend the post-closure plan at any time during the active life of the facility or during the post-closure care period.

(2) The owner or operator must submit a written notification of or a request for a permit modification to authorize a change in the approved post-closure plan whenever:

(i) Changes in operating plans or facility design affect the approved post-closure plan, or

(ii) There is a change in the expected year of final closure, if applicable, or

(iii) Events which occur during the active life of the facility, including partial and final closures, affect the approved post-closure plan.

(iv) The owner or operator requests the Department to apply alternative requirements to a regulated unit under 264.90(f), and/or 264.110(c).

(3) The owner or operator must submit a written request for a permit modification at least 60 days prior to the proposed changes in facility design or operation, or no later than 60 days after an unexpected event has occurred which has affected the post-closure plan. An owner or operator of a surface impoundment or waste pile that intends to remove all hazardous waste at closure and is not otherwise required to submit a contingent post-closure plan under 264.228(c)(1)(ii) and 264.258(c)(1)(ii) must submit a post-closure plan to the Department no later than 90 days after the date that the owner or operator or the Department determines that the hazardous waste management unit must be closed as a landfill, subject to the requirements of section264.310. The Department will approve, disapprove or modify this plan in accordance with the procedures in R.61-79.124 and R.61-79.270. In accordance with R.61-79.270.32, the approved post-closure plan will become a permit condition.

(4) The Department may request modifications to the plan under the conditions described in R.61-79.264 Section264.118(d)(2)(d)(2). The owner or operator must submit the modified plan no later than 60 days after the Departments request, or no later than 90 days if the unit is a surface impoundment or waste pile not previously required to prepare a contingent post-closure plan. Any modifications requested by the Department will be approved, disapproved, or modified in accordance with the procedures in R.61-79.124 and R.61-79.270.

S.C. Code Regs. § 61-79.264.G.118

Amended by State Register Volume 11, Issue No. 11, eff November 27, 1987; State Register Volume 14, Issue No. 11, eff November 23, 1990; State Register Volume 16, Issue No. 12, eff December 25, 1999; State Register Volume 24, Issue No. 8, eff August 25, 2000.