OAR 340-094-0100: Closure and Post-Closure Care: Closure Permits

If a municipal solid waste landfill is subject to 40 CFR, Part 258 as provided in 40 CFR, §258.1, the owner or operator shall comply with closure criteria in 40 CFR, §258.60. All municipal solid waste permittees shall also comply with this rule: (1) Closure Permit: (a) At least five years prior to anticipated closure of a municipal solid waste landfill, the person holding the disposal site permit shall apply to renew the permit to cover the period of time remaining for site operations, closure of the site, and all or part of the time that active post-closure site maintenance is required by the Department. This last permit issued before final closure of the landfill is scheduled to occur shall be called a “closure permit”; (b) The person who holds or last held the disposal site permit, or, if that person fails to comply, then the person owning or controlling a municipal solid waste landfill that is closed and no longer receiving solid waste after January 1, 1980, must continue or renew the disposal site permit after the site is closed for the duration of the period in which the Department continues to actively supervise the site, even though solid waste is no longer received at the site. (2) Applications for closure permits must include but are not limited to: (a) A Final Engineered Site Closure Plan prepared in accordance with OAR 340-094-0110. In lieu of requiring the Final Engineering Site Closure Plan as a part of the application for a closure permit, the Department may specify a date in the closure permit for submission of the Final Engineering Site Closure Plan; (b) A Final Engineered Post-closure Plan prepared in accordance with OAR 340-094-0115. In lieu of requiring the Final Engineered Post-closure Plan as a part of the application for a closure permit, the Department may specify a date in the closure permit for submission of the Final Engineered Post-closure Plan; (c) If the permittee does not own and control the property, the permittee shall demonstrate to the Department that the permittee has access to the landfill property after closure to monitor and maintain the site and operate any environmental control facilities; (d) If any person other than the permittee assumes any responsibility for any closure or post-closure activities, that responsibility shall be evidenced by a written contract between the permittee and each person assuming any responsibility. (3) While a closure permit is in effect, the permittee shall submit a report to the Department within 90 days of the end of the permittee’s fiscal year or as otherwise required in writing by the Department, which contains but is not limited to: (a) An evaluation of the approved closure or post-closure plan as applicable discussing current status, unanticipated occurrences, revised closure date projections, necessary changes, etc.; (b) A copy of the annual update of financial assurance as required by OAR 340-094-0140(6)(e). If the financial mechanism used is a trust fund, the permittee shall include an evaluation of the financial assurance plan documenting an accounting of amounts deposited and expenses drawn from the fund, as well as its current balance. This evaluation must also assess the adequacy of the financial assurance and justify any changes in the plan; (c) Other information requested by the Department to determine compliance with the rules of the Department. (4) The Department shall terminate closure permits for municipal solid waste landfills not later than 30 years after the site is closed unless the Department finds there is a need to protect against a significant hazard or risk to public health or safety or the environment. (5) Any time after a municipal solid waste landfill is closed, the permit holder may apply for a termination of the permit, a release from one or more of the permit requirements or termination of any applicable permit fee. Before the Department grants a termination or release under this section, the permittee must demonstrate and the Department must find that human health and the environment will be protected and there is no longer a need for: (a) Active supervision of the site; (b) Maintenance of the site; or (c) Maintenance or operation of any system or facility on the site. (6) The closure permit remains in effect and is a binding obligation of the permittee until the Department terminates the permit according to section (4) or (5) of this rule or upon issuance of a new closure permit for the site to another person following receipt of a complete and acceptable application.