310 CMR, § 30.592

Current through Register 1536, December 6, 2024
Section 30.592 - Post-closure Care and Use of Property
(1) Post-closure care for each hazardous waste management unit subject to the requirements of 310 CMR 30.590 shall begin after completion of closure of the unit, shall continue for 30 years after that date, and shall consist of at least the following:
(a) Monitoring and reporting in accordance with the requirements set forth in 310 CMR 30.606 through 30.675; and
(b) Maintenance and monitoring of waste containment systems in accordance with the requirements set forth in 310 CMR 30.606 through 30.675.
(2) At any time preceding completion of closure of a particular hazardous waste management unit subject to the requirements of 310 CMR 30.590, or at any time during the post-closure period of that hazardous waste management unit or facility, the Department may shorten the post-closure period applicable to that hazardous waste management unit or facility
(a) if all hazardous waste management units or facilities have been closed, and
(b) if the Department determines that such action is sufficient to protect public health, safety, or welfare, or the environment (e.g., leachate or ground water monitoring results, characteristics of the hazardous wastes, application of advanced technology, or alternative disposal, treatment, or re-use techniques indicate that the hazardous waste management unit or facility is and would continue to be secure), and
(c) if the owner or operator requests the Department to take such action by filing an application that complies with the requirements in 310 CMR 30.802 through 30.807, and
(d) only after the Department complies with the requirements and procedures set forth in 310 CMR 30.851 and 30.852, and, if applicable, 310 CMR 30.833, 30.835 through 30.837, and 30.839, and
(e) if such action is accordance with all other applicable provisions of 310 CMR 30.800.
(3) At any time preceding completion of closure of a particular hazardous waste management unit or facility subject to the requirements of 310 CMR 30.590, or at any time during the post-closure period of that hazardous waste management unit or facility, the Department may extend the post-closure period applicable to that hazardous waste management unit or facility
(a) if the Department determines that such action is necessary to protect public health, safety, or welfare, or the environment (e.g., leachate or ground water monitoring results indicate a potential for migration of hazardous wastes at levels which might be harmful to public health, safety, or welfare, or the environment), and
(b) after the Department complies with the requirements and procedures set forth in 310 CMR 30.851 and 30.852, and, if applicable, 310 CMR 30.833, 30.835 through 30.837, and 30.839, except as provided in 310 CMR 30.020 and 30.030, and
(c) if such action is accordance with all other applicable provisions of 310 CMR 30.800.
(4) The Department may require continuation, after closure, of any of the security requirements of 310 CMR 30.514 during part or all of the post-closure period if:
(a) Hazardous wastes might remain exposed after completion of closure, or
(b) Access by the public or domestic livestock might pose a hazard to public health, safety, or welfare, or the environment.
(5) Post-closure use of property on or in which hazardous wastes remain after closure shall never be allowed to disturb the integrity of the final cover, liner(s), or any other components of any containment system, or the function of the facility's monitoring systems, unless the Department determines in writing that the disturbance:
(a) Is necessary to the proposed use of the property and will not increase the potential hazard to public health, safety, or welfare or the environment; or
(b) Is necessary to reduce a threat to public health, safety or welfare or the environment.
(6) All post-closure care activities shall be in compliance with the provisions of the approved post-closure plan as specified in 310 CMR 30.593.

310 CMR, § 30.592