(a) Landfill cover design.

1. (1) This section applies to all Class 1 landfills that accepted wastes after October 9, 1991, and to all other Class 1, Class 3, and Class 4 landfill units in operation after May 7, 1995.
2. (2) Owners or operators of all landfill units must install a final cover system that is designed to minimize infiltration and erosion.

3. (3) The final cover system must be comprised of an erosion layer underlain by an infiltration layer as follows:

   1. (A)

(i) The infiltration layer must be comprised of a minimum of eighteen inches (18”) of earthen material that has a permeability less than or equal to the permeability of any bottom liner system or natural subsoils present, or a permeability no greater than 1 x 10^-5 cm/sec, whichever is less.

1. (ii) To meet this requirement, a flexible membrane liner shall be incorporated into the final cover design where the bottom liner design includes a composite liner; and

   1. (B)

      1. (i) The erosion layer must consist of a minimum six inches (6”) of earthen material that is capable of sustaining native plant growth.
      2. (ii) The final cover system requirements specified above are in addition to any daily or intermediate cover required by this part, or any drainage or gas collection layers necessary for proper performance of the cover system.

(b) Alternative final cover design. The Director of the Division of Environmental Quality may approve an alternative final cover design that includes:

1. (1) An infiltration layer that achieves an equivalent reduction in infiltration as the infiltration layer specified in subdivision (a)(3)(A) of this section; and

2. (2) An erosion layer that provides equivalent protection from wind and water erosion as the erosion layer specified in subdivision (a)(3)(B) of this section.

   1. (c) Closure plans.
3. (1) The owner or operator must prepare a written closure plan that describes the steps necessary to close all landfill units at any point during its active life in accordance with the cover design requirements in subsection (a) or (b) of this section, as applicable.

4. (2) The closure plan, at a minimum, must include the following information:

   1. (A) A description of the final cover, designed in accordance with subsection (a) or (b) of this section and the methods and procedures to be used to install the cover;
   2. (B) An estimate of the largest area of the unit ever requiring a final cover at any time during the active life;
   3. (C) An estimate of the maximum inventory of wastes ever on site over the active life of the landfill facility; and

   4. (D) A schedule for completing all activities necessary to satisfy the closure criteria in this section.

      1. (d) Closure plan approval. The owner or operator of all Class 1, Class 3, and Class 4 landfills shall:
5. (1) Prepare a closure plan meeting the requirements of this subpart;
6. (2) Place the closure plan in the operating record; and

7. (3) Submit the closure plan to the Division of Environmental Quality for approval with the application for a new landfill permit or no later than:

   1. (A) The compliance date specified in 8 CAR § 60-104(d) for all Class 1 landfills; or
   2. (B) May 7, 1995, for all Class 3 and Class 4 landfills.

(f) Timely initiation of closure required. The owner or operator must begin closure activities of each landfill unit no later than thirty (30) days after:

1. (1) The date on which the unit receives the known final receipt of wastes;
2. (2) When the unit has reached its final permitted elevations; or

3. (3)

   1. (A) If the unit has remaining capacity and there is a reasonable likelihood that the unit will receive additional wastes, no later than one (1) year after the most recent receipt of wastes.
   2. (B) Extensions beyond the one-year deadline for beginning closure may be granted by the director if the owner or operator demonstrates that the unit has the capacity to receive additional wastes and the owner or operator has taken and will continue to take all steps necessary to prevent threats to human health and the environment from the unclosed unit.

(g) Timely completion of closure required.

1. (1) The owner or operator of all landfill units must complete closure activities of each unit in accordance with the approved closure plan within one hundred eighty (180) days following the beginning of closure as specified in subsection (f) of this section.
2. (2) Extensions of the closure period may be granted by the director if the owner or operator demonstrates that closure will, of necessity, take longer than one hundred eighty (180) days and he or she has taken and will continue to take all steps to prevent threats to human health and the environment from the unclosed unit.

(h) Proper grading required.

1. (1) The entire site shall be graded prior to installation of the cover system so that storm water does not run onto the landfill and so that there are no depressions in the landfill where water can pond.

2. (2) Erosion control measures shall be implemented as necessary to protect the final cover and prevent off-site sedimentation.

   1. (i) Site survey.

3. (1) Upon completion of the final cover, the site shall be surveyed by a professional land surveyor or professional engineer registered in the State of Arkansas to document the:

   1. (A) Final elevations of the landfill;
   2. (B) Location of all surface improvements such as monitoring points;
   3. (C) Site boundaries; and
   4. (D) Areas that received wastes.
4. (2) Other permanent features such as benchmarks, access roads, buildings, gas monitoring, collection and processing systems, leachate collection, removal and storage systems, and any run-on and run-off control systems should also be shown on the final survey.

(j) Recording of land use restriction.

1. (1) Following closure of all units, the owner or operator shall record a notation on the deed to the landfill facility property, or some other instrument that is normally examined during the title search.
2. (2) A copy of the file marked “deed notation” shall be furnished to the division and a copy shall be placed in the operating record.

3. (3)

   1. (A) The notation on the deed must in perpetuity notify any potential purchaser of the property:

      1. (i) Of the past use of the land as a landfill facility;
      2. (ii) That future land uses shall comply with Arkansas Pollution Control and Ecology Commission rules and shall not disturb the integrity of the final cover system, the liner system, or any other components of the containment or monitoring system;
      3. (iii) That in accordance with Arkansas Code § 8-6-1404, it shall be unlawful for any person, partnership, company, corporation, or other entity to build, erect, or construct any house, home, or building to be used for a residential purpose;
      4. (iv) That the land has been used for the disposal of asbestos containing waste material; and
      5. (v) That the survey plot and record of the location and quantity of asbestos containing waste disposed of within the disposal site required in Asbestos Abatement Rule, 20 CAR pt. 860, have been filed with the division.
   2. (B) The owner or operator may request permission from the director to remove the notation from the deed if all wastes are removed from the facility.

(k) Land use restriction applicability.

1. (1) Restrictions on land uses shall apply only to the area or areas used for the actual disposal of solid waste.

2. (2) The residential land use restriction shall not apply to residential structures that were in existence and in use as of August 13, 1993, or to landfills that stopped accepting waste for disposal prior to August 13, 1968.

   1. (l) Certification of closure.

3. (1) Following closure of each unit, the owner or operator must furnish the director a certification, signed by a professional engineer registered in the State of Arkansas, verifying that:

   1. (A) Closure has been completed in accordance with the closure plan; and
   2. (B) That this certification has been placed in the operating record.

4. (2) A final closure report shall accompany the certification that includes:

   1. (A) The final survey in accordance with subsection (i) of this section;
   2. (B) Quality control and quality assurance data documenting proper construction and installation of the cover system;
   3. (C) A copy of the deed notation required under subsection (j) of this section; and

   4. (D) Other information that the division may deem necessary to making the certification described in subsection (h) of this section.

      1. (m) Division certification of closure.
5. (1) Closure must be timely and approved in writing by the division if the facility is to be eligible for inclusion under the Landfill Post-Closure Trust Fund.
6. (2) Upon written request, the division will inspect the site for conformance to closure requirements.
7. (3) Division written certification of closure begins the post-closure period.