(a) Applicability. The standards of this section shall apply as follows:

1. (1) Class 1 landfill units that accepted waste for disposal after the compliance dates specified in 8 CAR § 60-104(d) shall meet all of the requirements of this section;
2. (2) Class 1 landfills that stopped accepting waste for disposal prior to the compliance dates specified in 8 CAR § 60-104(d) and completed installation of the cover system prior to October 9, 1994, shall meet the requirements of subsections (b) and (c) of this section, subdivision (d)(3) of this section, and subsection (f) of this section; and
3. (3) Class 3 and Class 4 landfills that stop accepting waste after May 7, 1995, shall meet all of the requirements of this section.

(b) Post-closure care requirements.

1. (1) Following closure of each landfill unit, the owner or operator must conduct post-closure care.

2. (2) Post-closure care shall be conducted for the time periods specified in subsection (c) of this section, and shall consist of at least the following:

   1. (A)

(i) 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, leachate seepage, or other events, and preventing run-on and run-off from eroding or otherwise damaging the final cover and maintaining cover vegetation.

1. (ii) Vegetation shall be periodically mowed to control the growth of undesirable vegetation that may interfere with the integrity of the landfill cover or establishment of a perennial vegetative cover and to facilitate inspection of the landfill cover.

   1. (iii) All cracked, eroded, and uneven areas must be filled and reseeded and ditches maintained;

   2. (B)

      1. (i) Maintaining and operating the leachate collection system in accordance with the requirements in 8 CAR § 60-429.
      2. (ii) The Director of the Division of Environmental Quality 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;
   3. (C) Monitoring the ground water in accordance with the requirements of Subpart 12 of this part and maintaining the ground water monitoring system, if applicable;
   4. (D) Maintaining and operating the gas monitoring system in accordance with the requirements of 8 CAR § 60-415;
   5. (E) Maintaining and operating the gas collection and processing system if applicable; and

   6. (F) Maintaining and operating the surface water control systems in accordance with 8 CAR §§ 60-419 and 60-427, or until such time as permanent erosion control measures have been established at the site.

      1. (c)

2. (1) Post-closure care period. Except as provided in subdivision (c)(2) of this section, post-closure care shall be conducted for:

   1. (A) Thirty (30) years for Class 1 landfill units that accepted waste for disposal after the compliance dates specified in 8 CAR § 60-104(d);
   2. (B) Two (2) years for Class 1 landfills that stopped accepting waste for disposal prior to the compliance dates specified in 8 CAR § 60-104(d) and completed installation of the cover system prior to October 9, 1994; and
   3. (C) Two (2) years for Class 3 and Class 4 landfills.

3. (2) The length of the post-closure care period may be:

   1. (A) Decreased by the director if the owner or operator demonstrates that the reduced period is sufficient to protect human health and the environment and this demonstration is approved by the director; or

   2. (B) Increased by the director if the director determines that the lengthened period is necessary to protect human health and the environment.

      1. (d) Post-closure care plan. The owner or operator of all landfills must prepare a written post-closure plan that includes, at a minimum, the following information:
4. (1) A description of the monitoring and maintenance activities required in subsection (b) of this section for each landfill unit, and the frequency at which these activities will be performed;
5. (2) Name, address, and telephone number of the person or office to contact about the facility during the post-closure period; and
6. (3) A description of the planned uses of the property during the post-closure period.

(e) Post-closure care plan approval. The owner or operator of all Class 1, Class 3, and Class 4 landfills shall:

1. (1) Prepare a post-closure care plan that meets the requirements of this section;
2. (2) Place the post-closure care plan in the operating record; and

3. (3) Submit the post-closure care plan to the Division of Environmental Quality for approval with the application for a new landfill permit, but no later than:

   1. (A) For Class 1 landfills, the compliance dates specified in 8 CAR § 60-104(d) or by the initial receipt of waste, whichever is later; or
   2. (B) For Class 3 and Class 4 landfills, prior to the completion of closure activities described in this subpart.

(g) Phasing of closure and post-closure care.

1. (1) Landfill sites that consist of multiple landfill units may, with division approval, begin the post-closure care period on completed landfill units while other landfill units at the site remain active.
2. (2) To qualify for phasing, landfill units must be discrete areas of land that do not share common liner or cover systems.
3. (3) At sites where active disposal operations continue, landfill units certified by the division as in the post-closure care period shall not be eligible for inclusion in the Landfill Post-Closure Trust Fund until such time as all active contiguous landfill units are closed and certified by the division.

(h) Post-closure land uses.

1. (1) Post-closure use of the property shall not disturb the integrity of the final cover, liner or liners, or any other components of the containment system, or the function of the collection, control, processing, and monitoring systems unless necessary to comply with the requirements in this part.
2. (2) 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.