Utah Admin. Code R315-265-197 - Tank Systems - Closure and Post-Closure Care
(a) At closure of a tank system, the owner or
operator shall remove or decontaminate all waste residues, contaminated
containment system components, for example, liners, contaminated soils, and
structures and equipment contaminated with waste, and manage them as hazardous
waste, unless Subsection
R315-261-3(d)
applies. The closure plan, closure activities, cost estimates for closure, and
financial responsibility for tank systems shall meet all of the requirements
specified in Sections R315-265-110 through 265-121 and Sections R315-265-140
through 265-147.
(b) If the owner
or operator demonstrates that not all contaminated soils can be practicably
removed or decontaminated as required in Subsection R315-265-197(a), then the
owner or operator shall close the tank system and perform post-closure care in
accordance with the closure and post-closure care requirements that apply to
landfills,
40 CFR
265.310. In addition, for the purposes of
closure, post-closure, and financial responsibility, such a tank system is then
considered to be a landfill, and the owner or operator shall meet all of the
requirements for landfills specified in Sections R315-265-110 through 265-121
and Sections R315-265-140 through 265-147.
(c) If an owner or operator has a tank system
which does not have secondary containment that meets the requirements of
Subsections R315-265-193(b) through (f) and which is not exempt from the
secondary containment requirements in accordance with Subsection
R315-265-193(g), then,
(1) The closure plan
for the tank system shall include both a plan for complying with Subsection
R315-265-197(a) and a contingent plan for complying with Subsection
R315-265-197(b).
(2) A contingent
post-closure plan for complying with Subsection R315-265-197(b) shall be
prepared and submitted as part of the permit application.
(3) The cost estimates calculated for closure
and post-closure care shall reflect the costs of complying with the contingent
closure plan and the contingent post-closure plan, if these costs are greater
than the costs of complying with the closure plan prepared for the expected
closure under Subsection R315-265-197(a).
(4) Financial assurance must be based on the
cost estimates in Subsection R315-265-197(c)(3).
(5) For the purposes of the contingent
closure and post-closure plans, such a tank system is considered to be a
landfill, and the contingent plans shall meet all of the closure, post-closure,
and financial responsibility requirements for landfills under Sections
R315-265-110 through 265-121 and Sections R315-265-140 through
265-147.
Notes
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