Quantcast Post-Closure Criteria

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State that closure of the MSWLF unit has been completed in
accordance with the approved closure plan.
c.
Post-Closure Criteria
Following closure of the MSWLF unit, the owner or
operator would be required to conduct two phases of post-
closure care.  In the first phase of the post-closure care
period (a minimum of 30 years) the Agency proposes that the
owner or operator conduct routine maintenance of any final
cover, continue any leachate collection, and maintain and
operate ground-water and landfill gas monitoring, as
necessary, to control environmental hazards.
Following completion of the first phase of post-closure
care, the Agency proposes to require a second less intensive
phase of care.  The Agency proposes that the owner or
operator be required to continue, at a minimum, ground-water
and landfill gas monitoring in order to detect any
contamination that might occur beyond the first 30 years of
post-closure care.  The State would establish the length of
this period and the exact notation stating that the land
formerly was a MSWLF and specifying approved post-closure
uses would be required.
d.
Financial Assurance
Under the proposed rule, the owner or operator of a
MSWLF would be required to demonstrate the financial and
technical ability to conduct closure and post-closure care,
and, if applicable corrective action for known releases.
This requirement would ensure that the owner or operator
adequately plans for all the costs involved. While State and
Federal Government entities would be excluded from financial
assurance requirements, local governments would not be
excluded.  (The Agency is requesting comment on a financial
test that could lead to local government exemption and
whether to exempt Indian Tribes from financial assurance
requirements.)
The amount of financial assurance required would be
based upon written site-specific cost estimates.  EPA
proposes that the cost estimate account for the costs of
closure, post-closure care, and corrective action for
known releases.  The cost estimate would be adjusted
annually for inflation until the entire landfill has been
closed.  The State may release the owner or operator from
post-closure financial requirements after the State has
received certification that post-closure care has been
completed.
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