Sec. 26.13.06.13. Post-Closure Plan; Amendment of Plan

A. Written Plan.

(1) By May 19, 1981, the owner or operator of a hazardous waste disposal unit shall have a written post-closure plan.

(2) An owner or operator of a surface impoundment or waste pile who intends to remove all hazardous wastes at closure shall prepare a post-closure plan and submit it to the Secretary within 90 days of the date that the owner, operator, or Secretary determines that the hazardous waste management unit or facility shall be closed as a landfill, subject to the requirements of this regulation, Regulation .12C, and Regulations .14 and .15 of this chapter. B. Except as provided in §C of this regulation, until final closure of the facility, the owner or operator shall furnish a copy of the most current post-closure plan to the Secretary upon request, including request by mail.

C. During site inspections, on the day of the inspection, the owner or operator of a facility without an approved post-closure plan shall provide a copy of the most current post-closure plan to any officer, employee, or representative of the Department who is designated by the Secretary.

D. Following certification of final closure, the approved post-closure plan shall be kept by the person or office specified in §E of this regulation during the post-closure period.

E. For each hazardous waste management unit subject to the requirements of this section, the owner or operator shall:

(1) Identify in the post-closure plan the activities that will be carried on after closure of each disposal unit and the frequency of these activities; and

(2) Include in the post-closure plan, at least, the following:

(a) A description of the planned monitoring activities, and frequencies at which they will be performed, to comply with Regulations .06 and .19-.22 of this chapter during the post-closure care period,

(b) A description of the planned maintenance activities, and frequencies at which they will be performed to ensure the integrity of the cap and final cover or other containment systems in accordance with the requirements of Regulations .19-.22 of this chapter,

(c) A description of the planned maintenance activities, and frequencies at which they will be performed, to ensure the function of the monitoring equipment in accordance with the requirements of Regulations .06 and .19-.22 of this chapter, and

(d) 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.

F. Amendment of Plan.

(1) The owner or operator may amend the post-closure plan at any time during the active life of the facility or during the post-closure care period.

(2) An owner or operator with an approved post-closure plan shall submit a written request to the Secretary to authorize a change to the approved plan. The written request shall include a copy of the amended post-closure plan for approval by the Secretary.

(3) The owner or operator shall amend the post-closure plan whenever:

(a) Changes in operating plans or facility design affect the post-closure plan; or

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

(4) The owner or operator shall amend the post-closure plan:

(a) At least 60 days before a proposed change in facility design or operation which will affect the post-closure plan; or

(b) Not later than 60 days after an unexpected event has occurred which has affected the post-closure plan.

(5) An owner or operator with an approved post-closure plan shall submit the amended plan required by §F(3) and (4) of this regulation to the Secretary:

(a) At least 60 days before the proposed change in facility design or operation; or

(b) Not more than 60 days after an unexpected event has occurred which has affected the post-closure plan.

(6) An owner or operator of a surface impoundment who failed to remove all hazardous wastes at closure in accordance with Regulation .19B(4) of this chapter, or an owner or operator of a waste pile who failed to remove all hazardous wastes at closure in accordance with Regulation .20B(6) of this chapter, shall:

(a) Close the unit as a landfill in accordance with Regulation .22B(3) of this chapter; and

(b) Submit a post-closure plan to the Secretary within 90 days of the determination by the owner, operator, or Secretary that the unit is to be closed as a landfill.

(7) Unless the amendment to the post-closure plan is a minor modification according to the criteria in COMAR 26.13.07.13-.13-3, the modification to the post-closure plan shall be approved according to the procedures in §§J-M of this regulation.

(8) Modification at the Request of the Secretary.

(a) The Secretary may request modifications to the post-closure plan under the conditions described in §F(3)(a) and (b) of this regulation.

(b) An owner or operator with an approved post-closure plan shall submit the modified post-closure plan not later than 60 days after the request from the Secretary.

(c) Unless the amendment to the post-closure plan is considered a minor modification according to the criteria in COMAR 26.13.07.13-.13-3, the modifications to the post-closure plan shall be approved in accordance with the procedures in §§J-M of this regulation.

(d) If the Secretary determines that an owner or operator of a surface impoundment or waste pile who intended to remove all hazardous wastes at closure is required to close the facility as a landfill, the owner or operator shall submit a post-closure plan for approval to the Secretary within 90 days of the determination.

G. The owner or operator of a facility with hazardous waste management units subject to the requirements of this regulation shall submit a post-closure plan to the Secretary at least 180 days before the date on which the owner or operator expects to begin partial or final closure of the first hazardous waste disposal unit.

H. For the purpose of §G of this regulation, the date on which the owner or operator expects to begin closure of the first hazardous waste disposal unit shall be either:

(1) Within 30 days after the date on which the hazardous waste management unit receives the known final volume of hazardous waste; or

(2) If there is a reasonable possibility that the owner or operator of the hazardous waste management unit will place additional hazardous wastes in the unit, not later than 1 year after the date on which the most recent volume of hazardous wastes is placed in the unit.

I. The owner or operator of an interim status facility shall submit a post-closure plan to the Secretary not 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 or the Environment Article, Title 7, Annotated Code of Maryland, to cease receiving wastes or close.

J. The Secretary shall 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 for up to 30 days from the date of the notice.

K. The Secretary may, in response to a request or at the Secretary's discretion in the absence of a request, hold a public hearing if a hearing might clarify one or more issues concerning a post-closure plan. If a public hearing is held, the Secretary shall give public notice of the hearing at least 30 days before it occurs.

L. The Secretary shall:

(1) Approve, modify, or disapprove the post-closure plan within 90 days of its receipt;

(2) Provide the owner or operator with a detailed written statement of reasons for the disapproval if the Secretary does not approve the post-closure plan, and require that the owner or operator modify the plan or submit a new plan for approval within 30 days after receiving the written statement;

(3) Approve or modify a post-closure plan revised in response to a disapproval under §L(1) of this regulation in writing within 60 days, and, if the Secretary further modifies the plan, designate this modified plan as the approved post-closure plan;

(4) Ensure that the approved post-closure plan is consistent with this section and Regulations .12, .14, and .15 of this chapter; and

(5) Mail to the owner or operator a copy of the plan as modified in §L(3) of this regulation and a detailed statement of reasons for the modifications to the owner or operator.

M. The Secretary may give notice of the public hearing under §K of this regulation at the same time as the notice of the opportunity to submit comments under §J of this regulation, and may combine the two notices.

N. The post-closure plan and length of the post-closure care period may be modified any time before the end of the post-closure care period.

O. The owner or operator or any member of the public may petition the Secretary to:

(1) Extend or reduce the post-closure care period applicable to a hazardous waste management unit or facility based on cause; or

(2) Alter the requirements of the post-closure care period based on cause.

P. A person submitting a petition as described in §O of this regulation shall include in the petition evidence demonstrating that:

(1) The secure nature of the hazardous waste management unit or facility either makes the post-closure care requirements unnecessary, or supports reduction of the post-closure care period specified in the current post-closure plan, based upon information such as leachate or ground water monitoring results, characteristics of the wastes, application of advanced technology, or alternative disposal, treatment, or reuse techniques which indicate that the facility is secure; or

(2) 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, such as when leachate or ground water monitoring results indicate a potential for migration of hazardous wastes at levels which may be harmful to human health and the environment.

Q. Consideration of Petitions by the Secretary.

(1) The Secretary shall consider the petitions described in §§O and P of this regulation only if the petitions present new and relevant information not previously considered by the Secretary.

(2) In considering a petition, the Secretary:

(a) Shall provide the owner or operator and the public, through a newspaper notice, the opportunity to submit written comments up to 30 days after the date of the notice;

(b) Shall, in response to a request by the owner or operator or the public, hold a public hearing if a hearing might clarify one or more issues concerning the post-closure plan;

(c) May, at the Secretary's discretion if no request is received, hold a public hearing if a hearing might clarify one or more issues concerning the post-closure plan;

(d) Shall give the public notice of a hearing at least 30 days before the public hearing occurs; and

(e) May give public notice of the hearing under §Q(2)(b) and (c) of this regulation at the same time as notice of the opportunity for written public comments under §Q(2)(a) of this regulation, and may combine the two notices.

(3) After considering the public comments, the Secretary shall issue a final determination, based upon the criteria set forth in §P of this regulation.

(4) If the Secretary denies a petition described in §O of this regulation, the Secretary shall send the petitioner a brief written response giving a reason for the denial.

R. The Secretary may:

(1) Tentatively decide to modify the post-closure plan if the Secretary considers modification of the plan to be necessary to prevent threats to human health and the environment; and

(2) 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.

S. The Secretary shall provide the owner or operator and the affected public, through a newspaper notice, the opportunity to submit written comments up to 30 days after the date of the notice and the opportunity for a public hearing as described in §Q(2)(b) and (c) of this regulation.

T. After considering the comments received, the Secretary shall issue a final determination that is based upon the same criteria as required for petitions under §P of this regulation.

U. Temporary Suspension.

(1) The Secretary may include, in the final determination under §R of this regulation, a modification of the post-closure plan, which includes, when appropriate, the temporary suspension rather than permanent deletion of one or more post-closure care requirements.

(2) At the end of the specified period of suspension, the Secretary shall determine whether the requirements should be permanently discontinued or reinstated to prevent threats to human health and the environment.