260.227. Postclosure plan, contents--financial assurance instrument required--owner or operator of sanitary or demolition landfill to take corrective action, when--plan required--financial assurance,
Postclosure plan, contents--financial assurance instrumentrequired--owner or operator of sanitary or demolition landfill totake corrective action, when--plan required--financial assurance,amount, form required, released when.
260.227. 1. The operator of a sanitary landfill shall be responsiblefor postclosure monitoring and care to ensure that the area does notpresent a threat to the public health or the environment. The departmentmay require the operator of other solid waste disposal areas to beresponsible for postclosure monitoring and care. The operator shallprovide proper care for the area for thirty years after closure; provided,however, that the department may shorten or extend the postclosure period.The operator must demonstrate that the site does not and in all likelihoodwill not present a threat to public health or the environment to reduce thepostclosure period. The department may extend the postclosure period if itfinds that site conditions warrant an extension unless the operatordemonstrates that the area does not and in all likelihood will not presenta threat to public health or the environment.
2. Each operator required to submit a postclosure plan shall submitthe plan with the permit application. Operators of currently permittedsanitary landfills shall submit a postclosure plan within one year ofAugust 13, 1986. The postclosure plan as amended and as approved by thedepartment shall contain at least the following:
(1) Plans for monitoring the area after closure;
(2) The planned maintenance schedule; and
(3) An estimate of the cost of postclosure monitoring and care forthe entire postclosure period.
3. The operator shall amend this plan whenever changes in operatingplans or events occur, during the active life of the area or thepostclosure period, which affect the postclosure plan.
4. When a permit modification is requested during the active life ofthe area to authorize a change in operating plans or area design, thepostclosure plan shall be subject to review.
5. As a condition of granting a permit to operate any sanitarylandfill, the department shall require the permittee to provide a financialassurance instrument in such amount and form as prescribed by thedepartment to ensure the implementation of the postclosure plan. Thedepartment may require operators of other solid waste disposal areas tosubmit a financial assurance instrument to ensure the implementation of thepostclosure plan. Operators of a permitted sanitary landfill and operatorsof other solid waste disposal areas designated by the department whichaccept solid waste after January 1, 1987, shall provide financial assurancefor that area before January 1, 1988. Any interest which accrues to anyfinancial assurance instrument established pursuant to this section shallremain with that instrument and shall be applied against the operator'sobligation under this section until the instrument is released by thedepartment as provided in subsection 7 of this section.
6. Prior to the issuance of a permit, operators electing to use asecured trust, or a similar financial assurance instrument, shall depositan amount which is at least equal to the estimated cost of monitoring andcare for the entire permitted area for one year. The operator shallannually deposit an amount equal to at least twice the estimated annualpostclosure monitoring and care cost until moneys in the fund equal theestimated monitoring and care cost for the postclosure period. Theoperator shall make additional contributions when subsequent changes in theoperating plan, area design or postclosure care requirements increase thecost of postclosure monitoring and care.
7. The department shall periodically inspect solid waste disposalareas during the postclosure period to ensure that the operator is properlymonitoring and caring for the area. The department shall review the areaupon the termination of the postclosure period.
8. The owner or operator of a sanitary or demolition landfill shalltake corrective action to mitigate threats to the public health or theenvironment.
9. Once an identified release of contaminants has been determined tohave occurred, the owner or operator of a sanitary or demolition landfillshall provide a correction action plan for remediation of groundwatercontamination, surface water contamination, or gas migration. Thedepartment may extend the corrective action period or require alternativemeasures if it finds that the remediation measures do not effectivelymitigate the threat.
10. Each owner or operator required to submit a corrective actionplan as a result of an identified release of contaminants shall submit,within fourteen days of selecting the proposed remediation measures, theplan and a schedule for implementing the measures for approval by thedepartment. Such approval or disapproval must be granted within fourteendays of receipt by the department.
11. Within one hundred twenty days of selection of the remediationmeasures, the owner or operator of a sanitary or demolition landfill shallprovide a financial assurance instrument in such amount and form asprescribed by the department to ensure the implementation of the correctiveaction plan. Any interest which accrues to any financial assuranceinstrument established pursuant to this section shall remain with thatinstrument and shall be applied against the operator's obligation underthis section until the instrument is released by the department.
12. The department shall periodically inspect the sanitary ordemolition landfill during the corrective action period to ensure that theoperator is properly implementing the corrective action remediation plan.The department shall review the area upon completion of the correctiveaction measures. When the department determines that the corrective actionhas been completed, the corrective action financial assurance instrumentshall be released.
(L. 1986 S.B. 475, A.L. 1992 H.B. 1732, A.L. 1995 S.B. 60 & 112)