S.C. Code Regs. § 61-107.19.IV.F

Current through Register Vol. 48, No. 9, September 27, 2024

Section 61-107.19.IV.F - Closure and Post-Closure Care

1. Closure. The termination of disposal operations at a Class Two landfill, whether the entire landfill site or a portion thereof, shall be in compliance with the following requirements.

a. Within one month following the last receipt of solid waste at a site or a part of the site, the application of final cover shall begin. A two foot thick final earth cover is required with at least a 3% but not greater than 5% surface slope, graded to promote positive drainage. The side slope cover shall not exceed three horizontal feet to one vertical foot, i.e., a 3:1 slope. Alternate final cover designs may be submitted for Department review and approval. Unless otherwise approved by the Department, the application of final cover shall be completed within six months of the last receipt of solid waste at the facility. The integrity of the final cover shall be maintained.

b. Testing for certification of cap closure by a South Carolina certified professional engineer shall be done at a rate of four thickness tests per acre as defined by best engineering and construction practices.

c. The storm water conveyance system for the landfill shall be designed to ensure that the system is capable of handling a 24-hour, 25-year storm event during the active life and post-closure period of the landfill.

d. The finished surface of the disposal area shall be seeded with native grasses or other suitable ground cover within 15 days of the completion of that portion of the landfill.

e. Within 15 days of closure of the entire landfill, the permittee shall post signs at the landfill that state the facility is no longer in operation. On-site landfills are exempt from this requirement.

f. Upon closure of the entire or a portion of the landfill and within 30 days of grading and seeding, pursuant to Section F.1.d. above, a professional engineer licensed in the State of South Carolina shall submit to the Department certification that the landfill has been properly closed in accordance with requirements outlined in this Part and the facility's permit. Upon receipt of certification of closure, the Department will schedule an inspection of the facility. Upon issuance of the Department's final closure approval, the Department's permit for this facility shall be modified to incorporate post-closure activities.

g. Within 30 days of the Department's issuance of final closure approval, the owner shall:

(1) Using a form approved by the Department, record with the appropriate Register of Deeds a notation in the record of ownership of the property - or some other instrument that is normally examined during title search - that will in perpetuity notify any potential purchaser of the property, that the land or a portion thereof, was used for the disposal of solid waste. This notation shall define the final boundaries of the waste disposal area including the latitude and longitude, and identify the type, location, and quantity of solid waste disposed of on the property; and,

(2) Submit to the Department:

(a) A plat showing the final boundaries of the waste disposal area of the closed landfill; and,

(b) A copy of the document in which the notation required by Section F.1.g. (1) above has been placed.

2. Post-closure Care Requirements.

a. Following closure of each Class Two landfill, the permittee shall conduct post-closure care. Post-closure care shall be conducted for a minimum of 20 years, except as provided under Subsection b.2.below, and consist of at least the following:

(1) 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. A 75% or greater vegetative ground cover with no substantial bare spots shall be established and maintained throughout the post-closure period; and,

(2) Monitoring the groundwater in accordance with the requirements of Section E of this Part and maintaining the groundwater monitoring system. Groundwater monitoring data shall be submitted to the Department during the post-closure care period within 60 days of sample collection.

b. The length of the post-closure care period may be:

(1) Increased by the Department if the Department determines that the lengthened period is necessary to protect human health and the environment or the facility has groundwater impacts remaining at the end of the post-closure period;

(2) Decreased by the Department if the permittee can provide technical rationale that the decreased post-closure care period is sufficient to protect human health and the environment.

c. The permittee of all Class Two landfills shall prepare a written post-closure plan that includes, at a minimum, the following information:

(1) A description of the monitoring and maintenance activities required in Item 2.a.. above for each Class Two landfill;

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

(3) A description of the planned uses of the property during the post-closure period. Post-closure use of the property shall not disturb the integrity of the final cover, or any other components of the containment system, or the function of the monitoring systems unless necessary to comply with the requirements of this regulation. The Department may approve any other disturbance of the containment system if the permittee demonstrates that disturbance of the final cover, or other component of the containment system, including any removal of waste, will not increase the potential threat to human health or the environment.

d. Prior to permit issuance, the permittee shall submit to the Department a post-closure plan for review and approval. The post-closure plan shall be updated if any changes occur at the facility which require a deviation from the approved post-closure plan.

e. Following completion of the post-closure care period for each Class Two landfill, the permittee shall submit to the Department certification, signed by a South Carolina registered professional engineer other than the design engineer, verifying that post-closure care has been completed in accordance with the post-closure plan.

S.C. Code Regs. 61-107.19.IV.F