Ill. Admin. Code tit. 35, § 724.358 - Closure and Post-Closure Care

a) At closure, the owner or operator must remove or decontaminate all waste residues, contaminated containment system components (liners, etc), contaminated subsoils, and structures and equipment contaminated with waste and leachate and manage them as hazardous waste, unless 35 Ill. Adm. 721.103(d) applies.

b) If, after removing or decontaminating all residues and making all reasonable efforts to effect removal or decontamination of contaminated components, subsoils, structures, and equipment, as required in subsection (a), the owner or operator finds that not all contaminated subsoils can be practicably removed or decontaminated, it must close the facility and perform post-closure care in accordance with the closure and post-closure care requirements that apply to landfills (Section 724.410 ).

c) Contingent Closure Plan

1) The owner or operator of a waste pile that does not comply with the liner requirements of Section 724.351(a)(1), and is not exempt from them in accordance with Sections 724.350(c) or 724.351(b), must do the following:

A) Include in the closure plan for the pile under Section 724.212 both a plan for complying with subsection (a) and a contingent plan for complying with subsection (b) in case not all contaminated subsoils can be practicably removed at closure; and

B) Prepare a contingent post-closure plan under Section 724.218 for complying with subsection (b) in case not all contaminated subsoils can be practicably removed at closure.

2) The cost estimates calculated under Sections 724.242 and 724.244 for closure and post-closure care of a pile subject to this subsection (b) must include the cost of complying with the contingent closure plan and the contingent post-closure plan, but are not required to include the cost of expected closure under subsection (a).

Notes

Ill. Admin. Code tit. 35, § 724.358

Amended at 27 Ill. Reg. 3725, effective February 14, 2003

Amended at 42 Ill. Reg. 22614, effective 11/19/2018