9 Va. Admin. Code § 20-81-170 - Postclosure care requirements
The postclosure of all sanitary, CDD, and industrial landfills shall be governed by the standards as set forth in this section.
A. Postclosure care
requirements.
1. Following closure of the
landfill, the owner or operator shall conduct postclosure care of the landfill.
Postclosure care shall consist of at least the following:
a. 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;
b. Maintaining and
operating the leachate collection system, as applicable, in accordance with the
requirements in
9VAC20-81-210. The director may
allow the owner or operator to stop managing leachate if the owner or operator
demonstrates that leachate no longer poses a threat to human health and the
environment;
c. Maintaining the
groundwater monitoring system and monitoring the groundwater, as applicable, in
accordance with the requirements in
9VAC20-81-250; and
d. Maintaining and operating the gas
monitoring system, as applicable, in accordance with the requirements in
9VAC20-81-200.
2. The owner or operator shall prepare a
written postclosure plan or review and revise the approved postclosure plan to
insure that it includes, at a minimum, the following information:
a. A description of the monitoring and
maintenance activities required in subdivision 1 of this subsection for the
landfill, and the frequency at which these activities will be
performed;
b. Name, address, and
telephone number of the person or office to contact about the landfill during
the postclosure period; and
c. A
description of the planned uses of the property during the postclosure period.
Postclosure use of the property shall not disturb the integrity of the final
cover, liners, or any other components of the containment system, or the
function of the monitoring systems unless necessary to comply with the
requirements of this chapter. The director may approve any other disturbance if
the owner or operator demonstrates that disturbance of the final cover, liner,
or other component of the containment system, including any removal of waste,
will not increase the potential threat to human health or the
environment.
3. The
owner or operator shall submit a postclosure care plan for review and approval
by the department whenever a postclosure care plan has been prepared or
amended. Those postclosure care plans that have been placed in a landfill's
operating record must be reviewed and approved by the director prior to
implementation.
B.
Postclosure period.
1. Unless a landfill
completes all provisions of
9VAC20-81-160 D, the department
will not consider the landfill closed, and the beginning of the postclosure
care period will be postponed until all provisions have been completed. The
postclosure care period begins on the date of the certification signed by a
professional engineer as required in
9VAC20-81-160 D 5 d.
2. The postclosure care shall be conducted:
a. For a minimum of 10 years for sanitary
landfill facilities that ceased to accept wastes before October 9,
1993;
b. For a minimum of 30 years
for sanitary landfill facilities that received wastes on or after October 9,
1993;
c. For a minimum of 10 years
for CDD and industrial landfill facilities; or
d. As provided in subdivision 3 of this
subsection.
3. The
length of the postclosure care period may be decreased if the owner or operator
demonstrates that the reduced period is equally protective of human health and
the environment, the owner or operator submits a justifying demonstration, and
the department approves this demonstration. The owner or operator shall submit
this demonstration to the department for review and approval, and shall also
include the following information:
a. A
certification, signed by the owner or operator and a professional engineer,
verifying that decreasing the postclosure care period will be equally
protective of human health and the environment.
b. The certificate shall be accompanied by an
evaluation, prepared by a professional engineer, assessing and evaluating the
landfill's potential for increased risk to human health and the environment in
the event that postclosure period is decreased.
4. The owner or operator will continue
postclosure care and monitoring until such time that the department approves
termination of the postclosure care and/or monitoring activity.
C. Postclosure care termination.
1. The owner or operator may submit a request
for termination of any or all portions of postclosure care and monitoring
following completion of the postclosure care period (as defined in subdivision
B 2 of this section) for the landfill. The owner or operator shall demonstrate
that termination of postclosure care and/or monitoring activity/activities
shall be protective of human health and the environment. The owner or operator
shall submit this demonstration for termination to the department for review
and approval, and shall also include the following information:
a. A certification, signed by the owner or
operator and a professional engineer, verifying that postclosure care has been
completed in accordance with the postclosure plan.
b. The certificate shall be accompanied by an
evaluation, prepared by a professional engineer or professional geologist,
assessing and evaluating the landfill's potential for increased risk to human
health and the environment in the event that postclosure monitoring and
maintenance are discontinued.
2. If the department does not approve
termination of the postclosure care and/or monitoring, the owner or operator
shall continue postclosure monitoring and maintenance in accordance with the
approved plan. Additionally, the owner or operator shall review and revise, as
necessary, the postclosure plan for modifications necessary to meet the current
regulatory requirements, and submit this revised plan to the department for
review and approval.
D.
Owner or operator postclosure plan review.
1.
The owner or operator shall review and revise, as necessary, the postclosure
care plan for modifications to meet the current regulatory requirements and
reflect the current landfill conditions when:
a. The department does not approve the
termination of all postclosure care monitoring and maintenance activities;
or
b. The minimum postclosure
period has been met, and there are ongoing corrective action measures per
9VAC20-81-260 for the
landfill.
2. The owner
or operator shall submit this revised plan to the department for review and
approval, and shall continue postclosure monitoring and maintenance in
accordance with the approved plan.
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