S.C. Code Regs. § § 61-79.265.G.118

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

Section 61-79.265.G.118 - Post-closure plan; amendment of plan

(a) Written plan. By May 19, 1981, the owner or operator of a hazardous waste disposal unit must have a written postclosure plan. An owner or operator of a surface impoundment or waste pile that intends to remove all hazardous wastes at closure must prepare a postclosure plan and submit it to the Department within 90 days of the date that the owner or operator or the Department determines that the hazardous waste management unit or facility must be closed as a landfill, subject to the requirements of sections265.117 through 265.120.

(b) Until final closure of the facility, a copy of the most current post-closure plan must be furnished to the Department upon request, including request by mail. In addition, for facilities without approved post-closure plans, it must also be provided during site inspections, on the day of inspection, to any officer, employee or representative of the Department. After final closure has been certified, the person or office specified in Section265.118(c)(3)(c)(3) must keep the approved post-closure plan during the post-closure period.

(c) 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.61-79.265 Subparts F,K,L,M, and N 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.61-79.265 Subparts K,L,M, and N and

(ii) The function of the monitoring equipment in accordance with the requirements of R.61-79.265 Subparts F,K,L,M, and N 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) [Reserved]

(5) For facilities where the Department has applied alternative requirements at a regulated unit under 265.90(f), and/or 265.110(d), the alternative requirements that apply to the regulated unit.

(d) Amendment of plan. The owner or operator may amend the post-closure plan any time during the active life of the facility or during the post-closure care period. An owner or operator with an approved post-closure plan must submit a written request to the Department to authorize a change to the approved plan. The written request must include a copy of the amended post-closure plan for approval by the Department.

(1) The owner or operator must amend the post-closure plan whenever:

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

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

(iii) The owner or operator requests the Department to apply alternative requirements to a regulated unit under 265.90(f), and/or 265.110(d).

(2) The owner or operator must amend the post-closure plan at least 60 days prior to the proposed change in facility design or operation, or no later than 60 days after an unexpected event has occurred which has affected the post-closure plan.

(3) An owner or operator with an approved postclosure plan must submit the modified plan to the Department at least 60 days prior to the proposed change in facility design or operation, or no more than 60 days after an unexpected event has occurred which has affected the postclosure plan. If an owner or operator of a surface impoundment or a waste pile who intended to remove all hazardous wastes at closure in accordance with Sections265.228(b)(b) or 265.258(a) is required to close as a landfill in accordance with Section265.310, the owner or operator must submit a postclosure plan within 90 days of the determination by the owner or operator or Department that the unit must be closed as a landfill. If the amendment to the postclosure plan is a Class 2 or 3 modification according to the criteria in Section270.42, the modification to the plan will be approved according to the procedures in Section265.118(f)(f).

(4) The Department may request modifications to the plan under the conditions described in paragraph (d)(1) of this section. An owner or operator with an approved postclosure plan must submit the modified plan no later than 60 days of the request from the Department. If the amendment to the postclosure plan is considered a Class 2 or 3 modification according to the criteria in R.61-79.270.42, the modifications to the postclosure plan will be approved in accordance with the procedures in Section265.18(f)(f). If the Department determines that an owner or operator of a surface impoundment or waste pile who intended to remove all hazardous wastes at closure must close the facility as a landfill, the owner or operator must submit a postclosure plan for approval to the Department within 90 days of the determination. (amended 11/90)

(e) The owner or operator of a facility with hazardous waste management units subject to these requirements must submit his post-closure plan to the Department at least 180 days before the date he expects to begin partial or final closure of the first hazardous waste disposal unit. The date he "expects to begin closure" of the first hazardous waste disposal unit must be either within 30 days after the date on which the hazardous waste management unit receives the known final volume of hazardous waste or, 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 wastes. The owner or operator must submit the post-closure plan to the Department no later than 15 days after:

(1) Termination of interim status (except when a permit is issued to the facility simultaneously with termination of interim status); or

(2) Issuance of a judicial decree or final orders under 3008 of RCRA to cease receiving wastes or close.

(f) The Department will provide the owner or operator and the public, through a newspaper notice, the opportunity to submit written comments on the post-closure plan and request modifications to the plan no later than 30 days from the date of the notice. The Department will also, in response to a request or at its own discretion, hold a public hearing whenever such a hearing might clarify one or more issues concerning a post-closure plan. The Department will give public notice of the hearing at least 30 days before it occurs. [Public notices of the hearing may be given at the same time as notice of the opportunity for the public to submit written comments, and the two notices may be combined.] The Department will approve, modify, or disapprove the plan within 90 days of its receipt. If the Department does not approve the plan it shall provide the owner or operator with a detailed written statement or reasons for the refusal and the owner or operator must modify the plan or submit a new plan for approval within 30 days after receiving such written statement. The Department will approve or modify this plan in writing within 60 days. If the Department modifies the plan, this modified plan becomes the approved post-closure plan. The Department must ensure that the approved post-closure plan is consistent with Sections265.117 through 265.120. A copy of the modified plan with a detailed statement of reasons for the modifications must be mailed to the owner or operator.

(g) The post-closure plan and length of the post-closure care period may be modified any time prior to the end of the post-closure care period in either of the following two ways:

(1) the owner or operator or any member of the public may petition the Department to extend or reduce the post-closure care period applicable to a hazardous waste management unit or facility based on cause, or alter the requirements of the post-closure care period based on cause.

(i) The petition must include evidence demonstrating that:

(A) The secure nature of the hazardous waste management unit or facility makes the post-closure care requirement(s) unnecessary or supports reduction of the post-closure care period specified in the current post-closure plan (e.g., leachate or groundwater monitoring results, characteristics of the wastes, application of advanced technology, or alternative disposal, treatment, or re-use techniques indicate that the facility is secure), or

(B) The requested extension in the post-closure care period or alteration of post-closure care requirements is necessary to prevent threats to human health and the environment (e.g., leachate or groundwater monitoring results indicate a potential for migration of hazardous wastes at levels which may be harmful to human health and the environment).

(ii) These petitions will be considered by the Department only when they present new and relevant information not previously considered by the Department. Whenever the Department is considering a petition, it will provide the owner or operator and the public, through a newspaper notice, the opportunity to submit written comments within 30 days of the date of the notice, The Department will also, in response to a request or at its own discretion, hold a public hearing whenever a hearing might clarify one or more issues concerning the post-closure plan. The Department will give the public notice of the hearing at least 30 days before it occurs. [Public notice of the hearing may be given at the same time as notice of the-opportunity for written public comments, and the two notices may be combined.] After considering the comments, the Department will issue a final determination, based upon the criteria set forth in paragraph (g)(1) above of this section.

(iii) If the Department denies the petition, it will send the petitioner a brief written response giving a reason for the denial.

(2) The Department may tentatively decide to modify the post-closure plan if it deems it necessary to prevent threats to human health and the environment. The Department may propose to extend or reduce the post-closure care period applicable to a hazardous waste management unit or facility based on cause or alter the requirements of the post-closure care period based on cause.

(i) The Department will provide the owner or operator and the affected public, through a newspaper notice, the opportunity to submit written comments within 30 days of the date of the notice and the opportunity for a public hearing as in subparagraph (g)(1)(ii) of this section. After considering the comments, it will issue a final determination.

(ii) The Department will base its final determination upon the same criteria as required for petitions under paragraph (g)(1)(i) above of this section. A modification of the post-closure plan may include, where appropriate, the temporary suspension rather than permanent deletion of one or more post-closure care requirements. At the end of the specified period of suspension, the Department would then determine whether the requirement(s) should be permanently discontinued or reinstated to prevent threats to human health and the environment.

(h) The post-closure plan for each unit of a facility managing hazardous waste must include an estimate with justifying documentation of how long the facility shall be expected to meet the desired minimum technology requirements after closure.

S.C. Code Regs. § 61-79.265.G.118

Amended by State Register Volume 11, Issue No. 11, eff November 27, 1987; State Register Volume 12, Issue No. 6, eff June 23, 1989; State Register Volume 14, Issue No. 11, eff November 23, 1990; State Register Volume 16, Issue No. 12, eff December 25, 1992; State Register Volume 21, Issue No. 6, Part 2, eff June 27, 1997; State Register Volume 24, Issue No. 8, eff August 25, 2000; State Register Volume 25, Issue No. 10, eff October 26, 2001.