17.50.1404    POST-CLOSURE CARE REQUIREMENTS

(1) Following closure of a Class II or Class IV landfill unit, the owner or operator shall conduct post-closure care. Post-closure care must be conducted for 30 years, except as provided under (2), and consist of at least the following:

(a) maintaining the integrity and effectiveness of any final cover, including making repairs to the cover as necessary to correct the effects of settlement, subsidence, erosion, or other events, and preventing run-on and run-off from eroding or otherwise damaging the final cover;

(b) maintaining and operating the leachate collection and removal system in accordance with the requirements in ARM 17.50.1204, if applicable. The department may allow the owner or operator to stop managing leachate if the owner or operator submits to the department for approval a demonstration that leachate no longer poses a threat to human health and the environment;

(c) monitoring the ground water in accordance with the requirements of ARM Title 17, chapter 50, subchapter 13, and maintaining the ground water monitoring system, if applicable; and

(d) maintaining and operating the gas monitoring system in accordance with the requirements of ARM 17.50.1106.

(2) The length of the post-closure care period may be:

(a) decreased by the department if the owner or operator demonstrates that the reduced period is sufficient to protect human health and the environment and this demonstration is approved by the department; or

(b) increased by the department if the department determines that the lengthened period is necessary to protect human health and the environment.

(3) The owner or operator of a Class II or Class IV landfill unit shall submit a post-closure plan to the department for approval that includes, at a minimum, the following information:

(a) a description of the monitoring and maintenance activities required in (1) for each Class II or Class IV landfill unit, and the frequency at which these activities will be performed;

(b) the name, address, and telephone number of the person or office to contact about the facility during the post-closure period; and

(c) a description of the planned uses of the property during the post-closure period. Post-closure use of the property may not disturb the integrity of a final cover, liner, or a component of the containment system, or the function of the monitoring systems, unless necessary to comply with the requirements in ARM Title 17, chapter 50, subchapters 5 through 14. The department may approve any other disturbance if the owner or operator submits to the department for approval a demonstration that disturbance of a final cover, liner, or other component of the containment system, including any removal of waste, will not increase the potential threat to human health or the environment.

(4) No later than the initial receipt of waste, the owner or operator shall notify the department that a post-closure plan has been prepared and placed in the operating record.

(5) Following completion of the post-closure care period for each Class II or Class IV landfill unit, the owner or operator shall notify the department that a certification, signed by an independent licensed professional engineer, verifying that post-closure care has been completed in accordance with the post-closure plan, has been placed in the operating record. The post-closure care period is not considered complete until the department has approved a certification submitted under this subsection.

(6) The owner or operator of a facility containing a Class II or Class IV landfill unit shall amend the closure or post-closure plan whenever changes in the operation and maintenance plan or facility design plan or events occur during the active life of the landfill that significantly affect the closure or post-closure plan. The owner or operator also shall amend the closure or post-closure plan whenever there is a change in the expected year of closure. The owner or operator shall submit the necessary closure or post-closure plan amendments to the department for approval within 60 days after such changes occur or within a shorter period if determined by the department to be necessary to protect human health or the environment.

(7) For all post-closure construction at a Class II or Class IV landfill unit, the owner or operator of a facility shall submit for department approval plans, specifications, reports, and certifications to the same extent as required in ARM 17.50.1205.

(8) During the post-closure care period the owner or operator of a facility containing a Class II or Class IV landfill unit shall:

(a) maintain adequate vegetative cover, as specified in the closure plan;

(b) maintain and operate all corrective action systems pursuant to ARM Title 17, chapter 50, subchapter 13;

(c) annually inspect and submit to the department a report on the condition of all landfill systems; and

(d) comply with any other post-closure care requirements determined by the department to be necessary to protect human health or the environment. 

History: 75-10-204, MCA; IMP, 75-10-204, MCA; NEW, 2010 MAR p. 317, Eff. 2/12/10.