1. (a) The permittee shall obtain department approval, via the permit modification procedures in Env-Sw 315, for any post-closure use or activity at the site not specifically approved in the facility’s permit.
2. (b) A post-closure use shall not increase the potential hazards to public health, safety, and the environment from the closed landfill.
3. (c) A post-closure use shall not preclude access to components of the landfill closure system for purposes of inspection, maintenance, monitoring, and repair.
4. (d) A post-closure use shall not cause damage to any component of the landfill closure system as specified in Env-Sw 1004.04.
5. (e) If damage occurs to any component of the landfill closure system during post-closure use, the damage shall be repaired in a timely manner and the incident reported to the department in accordance with Env-Sw 1005.09.
6. (f) Residential and commercial buildings, except buildings used for landfill operation, maintenance, and post-closure care, shall be prohibited on top of or within 100 feet of the landfill footprint or property line, whichever is less.

7. (g) The following information shall be included with the application for permit modification for post-closure use:

   1. (1) A description of the proposed post-closure use;
   2. (2) The intended start date of the proposed post-closure use or activity, and the proposed duration;
   3. (3) A site plan showing the proposed location(s) of post-closure use and existing components of the landfill closure systems, including monitoring points;
   4. (4) Post-closure use design plan(s);
   5. (5) Record drawings of landfill closure systems located within 100 feet of the post-closure use or activity;
   6. (6) An updated post-closure care plan as specified in Env-Sw 807.05(e);
   7. (7) An evaluation of the available environmental monitoring data and other information pertaining to the facility conditions and the proposed post-closure use including a statement by a qualified professional engineer identifying whether the proposed post-closure use will meet the requirements of (b) above;
   8. (8) A plan for the repair of any disturbance or damage to the landfill and associated infrastructure, including the capping system;
   9. (9) A plan for the protection of all existing landfill components including liners, leachate collection piping, gas recovery systems, stormwater systems, and other landfill infrastructure present;
   10. (10) Updated financial assurance plan in accordance with Env-Sw 1400; and
   11. (11) Certification, signed by the applicant, that the proposed activity shall not adversely affect the post-closure care of the landfill.
8. (h) Post-closure use requiring construction shall follow the applicable requirements of Env-Sw 1104.
9. (i) Following termination of a post-closure use or activity, the facility shall be restored to conditions that existed prior to commencing the post-closure use.

Source. #14156, eff 12-21-24