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Title XVI CONSERVATION, RESOURCES AND DEVELOPMENT

Chapter 260

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  260.227.  Postclosure plan, contents — financial assurance instrument required — owner or operator of sanitary or demolition landfill to take corrective action, when — plan required — financial assurance, amount, form required, released when. — 1.  The operator of a sanitary landfill shall be responsible for postclosure monitoring and care to ensure that the area does not present a threat to the public health or the environment.  The department may require the operator of other solid waste disposal areas to be responsible for postclosure monitoring and care.  The operator shall provide proper care for the area for thirty years after closure; provided, however, that the department may shorten or extend the postclosure period.  The operator must demonstrate that the site does not and in all likelihood will not present a threat to public health or the environment to reduce the postclosure period.  The department may extend the postclosure period if it finds that site conditions warrant an extension unless the operator demonstrates that the area does not and in all likelihood will not present a threat to public health or the environment.

  2.  Each operator required to submit a postclosure plan shall submit the plan with the permit application.  Operators of currently permitted sanitary landfills shall submit a postclosure plan within one year of August 13, 1986.  The postclosure plan as amended and as approved by the department shall contain at least the following:

  (1)  Plans for monitoring the area after closure;

  (2)  The planned maintenance schedule; and

  (3)  An estimate of the cost of postclosure monitoring and care for the entire postclosure period.

  3.  The operator shall amend this plan whenever changes in operating plans or events occur, during the active life of the area or the postclosure period, which affect the postclosure plan.

  4.  When a permit modification is requested during the active life of the area to authorize a change in operating plans or area design, the postclosure plan shall be subject to review.

  5.  As a condition of granting a permit to operate any sanitary landfill, the department shall require the permittee to provide a financial assurance instrument in such amount and form as prescribed by the department to ensure the implementation of the postclosure plan.  The department may require operators of other solid waste disposal areas to submit a financial assurance instrument to ensure the implementation of the postclosure plan.  Operators of a permitted sanitary landfill and operators of other solid waste disposal areas designated by the department which accept solid waste after January 1, 1987, shall provide financial assurance for that area before January 1, 1988.  Any interest which accrues to any financial assurance instrument established pursuant to this section shall remain with that instrument and shall be applied against the operator's obligation under this section until the instrument is released by the department as provided in subsection 7 of this section.

  6.  Prior to the issuance of a permit, operators electing to use a secured trust, or a similar financial assurance instrument, shall deposit an amount which is at least equal to the estimated cost of monitoring and care for the entire permitted area for one year.  The operator shall annually deposit an amount equal to at least twice the estimated annual postclosure monitoring and care cost until moneys in the fund equal the estimated monitoring and care cost for the postclosure period.  The operator shall make additional contributions when subsequent changes in the operating plan, area design or postclosure care requirements increase the cost of postclosure monitoring and care.

  7.  The department shall periodically inspect solid waste disposal areas during the postclosure period to ensure that the operator is properly monitoring and caring for the area.  The department shall review the area upon the termination of the postclosure period.

  8.  The owner or operator of a sanitary or demolition landfill shall take corrective action to mitigate threats to the public health or the environment.

  9.  Once an identified release of contaminants has been determined to have occurred, the owner or operator of a sanitary or demolition landfill shall provide a correction action plan for remediation of groundwater contamination, surface water contamination, or gas migration.  The department may extend the corrective action period or require alternative measures if it finds that the remediation measures do not effectively mitigate the threat.

  10.  Each owner or operator required to submit a corrective action plan as a result of an identified release of contaminants shall submit, within fourteen days of selecting the proposed remediation measures, the plan and a schedule for implementing the measures for approval by the department.  Such approval or disapproval must be granted within fourteen days of receipt by the department.

  11.  Within one hundred twenty days of selection of the remediation measures, the owner or operator of a sanitary or demolition landfill shall provide a financial assurance instrument in such amount and form as prescribed by the department to ensure the implementation of the corrective action plan.  Any interest which accrues to any financial assurance instrument established pursuant to this section shall remain with that instrument and shall be applied against the operator's obligation under this section until the instrument is released by the department.

  12.  The department shall periodically inspect the sanitary or demolition landfill during the corrective action period to ensure that the operator is properly implementing the corrective action remediation plan.  The department shall review the area upon completion of the corrective action measures.  When the department determines that the corrective action has been completed, the corrective action financial assurance instrument shall be released.

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(L. 1986 S.B. 475, A.L. 1992 H.B. 1732, A.L. 1995 S.B. 60 & 112)


---- end of effective   28 Aug 1995 ----

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