1. (a) The post-closure period of a landfill shall be the period required to demonstrate the facility has achieved the performance standards specified in Env-Sw 807.04.
2. (b) During the post-closure period, the permittee shall have specific obligations to regularly inspect, monitor, and maintain the facility in conformance with the solid waste rules based on the provisions of a post-closure care plan.
3. (c) Subject to (d) below, solely for the purposes of determining financial assurance requirements, the post-closure period for landfills shall be 30 years from the date the complete capping system is installed, or the date of the last most recent estimate obtained by the permittee as required by Env-Sw 1405.02, whichever is later.

4. (d) The post-closure period shall be subject to periodic adjustment by implementing the permit modification procedures in Env-Sw 306 and Env-Sw 315 as follows:

   1. (1) In the event that post-closure monitoring data or other available information provides an indication that the required performance standards are unlikely to be achieved during the approved post-closure monitoring period:

      1. a. The permittee shall identify the likely cause(s) in a report to the department; and
      2. b. Depending on the cause(s), the department shall adjust the post-closure monitoring period or require the permittee to implement repair or remedial closure or post-closure work, pursuant to the permit modification procedures in Env-Sw 306; or
   2. (2) In the event the permittee believes that post-closure monitoring data and other available information provides sufficient evidence that the required performance standards are achieved at the facility, the permittee may submit an application for permit modification pursuant to Env-Sw 315 to request an appropriate reduction in the post-closure period for the facility.
5. (e) A detailed post-closure care plan shall be developed and implemented by the permittee to assure compliance with Env-Sw 807.03, Env-Sw 807.04, Env-Sw 1106, and this section. The plan shall be a condition of the facility’s permit.
6. (f) All facility systems shall be thoroughly monitored and inspected on a schedule that is initially the same as required of operating facilities in Env-Sw 806.08.
7. (g) The permittee may request a decrease in the frequency of monitoring and inspections based on a favorable comparison of the performance expectations and actual performance but in no case shall inspections occur less than semi-annually.

8. (h) Inspections shall:

   1. (1) Be conducted twice annually, one conducted in the period between January 1 and June 30, and the other conducted in the period between July 1 and December 31;
   2. (2) Be conducted at a minimum of 3 months apart; and
   3. (3) Be recorded and the report submitted to the department within 30 days following completion of inspection.
9. (i) Pursuant to Env-Sw 1105.14, the permittee shall file an annual report with the department including an assessment of whether the facility is achieving the performance requirements in Env-Sw 807.04.
10. (j) The permittee shall notify the department in accordance with Env-Sw 1005.09 when facility damage, malfunction, or sub-standard performance occurs at the facility.
11. (k) Following completion of the capping system construction, the permittee shall file record drawings for the closed facility in accordance with Env-Sw 1104.07.
12. (l) Unless previously performed under Env-Sw 806.08(r), the permittee shall attach notification to the property deed that a landfill exists on the property and cause the notification to be recorded at the registry of deeds in the county where the property is located.
13. (m) Proof of notification filing pursuant to (l) above shall be provided to the department by the permittee with the submission of record drawings pursuant to (k) above.

14. (n) Notification pursuant to (l) shall include the following information:

    1. (1) A statement that a landfill exists on this property;
    2. (2) Identification of the registry of deeds, book, and page numbers where title to the property is recorded;
    3. (3) Identification of the property tax map and lot numbers as identified by the political subdivision in which the facility is located;
    4. (4) Latitude and longitude of a known fixed point at the landfill site;
    5. (5) Description of the facility, including size, type of wastes received, type of liner if any, and type of cap;
    6. (6) Description of closure implemented, and identification of the permit issued by the department under which closure occurred, including a statement that the permit might contain certain legal obligations regarding the site;
    7. (7) A statement that any future change in use shall be subject to review and approval by the department pursuant to Env-Sw 807.06;
    8. (8) A statement that post-closure use of the property shall not disturb the integrity of the final cover, liners, or any other components of the containment systems or the function of the monitoring systems unless approved by the department via the applicable permit or permit modification as specified in Env-Sw 311 through Env-Sw 315; and
    9. (9) A statement that access shall be assured to department inspection personnel and the permittee for monitoring and maintenance purposes.
15. (o) The permittee shall implement such repairs or remedial activities as necessary to assure compliance with the performance standards set forth in Env-Sw 807.04 and other requirements of this chapter.

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 2507.05); ss by #10597, eff 7-1-14; ss by #14156, eff 12-21-24