16 Tex. Admin. Code § 4.132

Current through Reg. 50, No. 1; January 3, 2025
Section 4.132 - [Effective 7/1/2025] Closure
(a) Application. A permit application shall include a detailed plan for closure when operations at the facility or pit terminate. The closure plan shall include a general plan to:
(1) remove all wastes;
(2) demolish and/or remove any liners;
(3) remove dikes;
(4) backfill any excavations and contour and reseed disturbed areas;
(5) sample and analyze soil and, if applicable, groundwater throughout the facility;
(6) if applicable, plug groundwater monitoring wells; and
(7) have financial security released once post closure activities are completed and approved by the Technical Permitting Section.
(b) Closure requirements. The permittee shall close the facility or pit in accordance with the following requirements.
(1) The permittee shall notify the Technical Permitting Section and the District Office in writing at least 45 days prior to commencement of any closure operations.
(2) The permittee shall submit a detailed closure plan to the Technical Permitting Section at least 30 days prior to commencement of any closure activity. The Technical Permitting Section must approve the detailed closure plan before the permittee may initiate closure operations. The permittee shall comply with the closure plan approved by the Technical Permitting Section. The closure plan shall include the following information:
(A) the processing and removal of all wastes, chemicals, and waste-related materials from the facility for authorized reuse or disposal in an authorized manner;
(B) the removal and salvage of all equipment, if possible, or disposal of all equipment in an authorized manner;
(C) unless otherwise authorized, the cleaning and demolishment of all equipment and storage areas, including concrete pads, at the facility; and the disposal in an authorized manner of all rubble, wash-water, and rinsate;
(D) the excavation, removal, and disposal of all contaminated soils from beneath the liners and concrete pads;
(E) a soil sampling plan; and
(F) if required by the Director, a post-closure monitoring plan.
(3) Once the permittee has removed all waste, equipment, concrete pads, contaminated soil, and any other material in accordance with the closure plan, the permittee shall conduct soil sampling in accordance with the approved soil sampling plan. Soil samples shall be analyzed for the parameters in the permit and/or soil sampling plan and submitted to the Technical Permitting Section no later than 30 days after the permittee receives the laboratory results. The Technical Permitting Section may require the permittee to conduct additional closure operations if the soil sample results exceed the authorized limits and/or the Technical Permitting Section determines that additional remediation is required to prevent pollution caused or contributed to by operations at the facility.
(4) The permittee shall grade the pits, on site storage tanks, on site storage areas, and any other facility location to prevent rainfall from collecting at these locations.
(5) If the Director required a post-closure plan, the permittee shall conduct post-closure monitoring in accordance with the post-closure monitoring plan approved by Technical Permitting Section.

16 Tex. Admin. Code § 4.132

Adopted by Texas Register, Volume 50, Number 01, January 3, 2025, TexReg 0076, eff. 7/1/2025