1. (a) Landfills shall be closed in accordance with an approved closure plan.

2. (b) Subject to (c), below, landfill closure and post-closure activities shall involve all activities required at a facility to achieve the performance standards in Env-Sw 807.04, including:

   1. (1) Terminating active use of the facility;

   2. (2) At unlined landfills, investigating the extent of waste to groundwater contact zones, if any, and if required under RSA 485-C:

      1. a. Removing the waste out of groundwater; or
      2. b. Lowering the groundwater table;
   3. (3) Consolidating landfilled waste within the permitted footprint, grading slopes, and otherwise configuring the facility for acceptance of a capping system that meets the requirements of Env-Sw 805.10;
   4. (4) Constructing and maintaining a capping system at the facility which meets the standards set forth in Env-Sw 805.10;
   5. (5) Constructing, operating, and maintaining a stormwater management system for the capped facility and site so as to redirect run-on and run-off away from the cap of the landfill, reduce the amount of leachate generated, and reduce the potential for erosion in accordance with the standards set forth in Env-Sw 805.09 and Env-Sw 806.06;
   6. (6) Operating and maintaining the facility's leachate management system in accordance with Env-Sw 806.05 and in accordance with a schedule specified in the approved post-closure care plan;
   7. (7) Operating, maintaining, and monitoring the facility’s leak detection system(s) in accordance with the provisions of the approved post-closure care plan;
   8. (8) Constructing, operating, and maintaining the facility’s groundwater and surface water monitoring system and implementing the facility’s approved post-closure groundwater and surface water monitoring program in accordance with RSA 485-C;
   9. (9) Constructing, operating, and maintaining the facility's decomposition gas control and migration monitoring systems as applicable, in accordance with Env-Sw 805.18 and Env-Sw 806.07;
   10. (10) Monitoring settlement, both by visual inspection and by topographic survey using established control points, and making related repairs to the facility as needed including the repair of areas where settlement exceeds the capping system’s design tolerances and the repair of areas where settlement results in the loss of positive drainage;
   11. (11) Providing control of access to the facility in accordance with Env-Sw 1103 and to facilitate compliance with the performance standards provided in Env-Sw 807.04 and to otherwise limit threats to public health, safety, and the environment;
   12. (12) Providing financial assurance for the cost of post-closure monitoring, in accordance with Env-Sw 1400;
   13. (13) Meeting all requirements in Env-Sw 807.05 and filing all reports with the department in accordance with Env-Sw 1105.14; and
   14. (14) Undertaking any other activities, including repair and remedial activities, as necessary to achieve compliance with Env-Sw 807.04.
3. (c) Maintaining a closed landfill or any component thereof shall include all inspection, monitoring, and repair work required to satisfy the performance standards in Env-Sw 807.04 and the reporting requirements in Env-Sw 807.05.
4. (d) For landfills existing prior to October 29, 1997 and located on property not owned by the permittee, the permittee shall obtain legal rights of access to the property prior to facility closure for the purpose of meeting all required closure and post-closure obligations at the facility in accordance with the solid waste rules. Such legal rights of access shall be for a period of not less than 99 years.

Source. #5172, eff 7-1-91; amd by #5297, eff 12-24-91; ss by #6535, INTERIM, eff 7-1-97, EXPIRES: 10-29-97; ss by #6619-B, eff 10-29-97; (See Revision Note at chapter heading for Env-Sw 800); ss by #8459, eff 10-28-05 (formerly Env-Wm 2507.03); ss by #10597, eff 7-1-14; ss by #14156, eff 12-21-24