(d) Owners and operators of hazardous waste management facilities must have a Part 373 permit during the active life (including the closure period) of the unit, and, for any unit which closes after January 26, 1983, during any post-closure care period required under section 373-2.7(g) of this Part and during any compliance period specified under section 373-2.6(g) of this Part, including any extension of the compliance period under section 373-2.6(g)(3) of this Part. An RCRA part B permit issued by the United States Environmental Protection Agency under 40 CFR parts 270 and 124 does not relieve an owner or operator of the responsibility for obtaining a permit pursuant to this Part. Facilities which currently have a permit issued pursuant to Part 360 of this Title for the management of hazardous waste and qualify for the extension allowed under the State Administrative Procedure Act (SAPA), have authorization to operate until final administrative and judicial disposition of a permit application are made. Both of these facilities must also comply with the requirements of Subpart 373-3 of this Part and the applicable interim status provisions of this Subpart except section 373-1.3(g).

1. (1) Closure by removal. Owners or operators of surface impoundments, land treatment units, and waste piles closing by removal or decontamination under Subpart 373-3 of this Part standards must obtain a post-closure permit unless they can demonstrate to the commissioner that the closure met the standards for closure by removal or decontamination in section 373-2.11(f), 373-2.13(h)(5) or 373-2.12(h) of this Part, respectively. The demonstration may be made in the following ways:

   1. (i) If the owner or operator has submitted a Part 373 application for a post-closure permit, the owner or operator may request a determination, based on information contained in the application, that Subpart 373-2 closure by removal standards were met. If the commissioner believes that Subpart 373-2 standards were met, he or she will notify the public of this proposed decision, allow for public comment, and reach a final determination according to the procedures in paragraph (2) of this subdivision.

   2. (ii) If the owner or operator has not submitted a Part 373 application for a post-closure permit, the owner or operator may petition the commissioner for a determination that a post- closure permit is not required because the closure met the applicable Subpart 373-2 closure standards.

      1. (a) The petition must include data demonstrating that closure by removal or decontamination standards were met, or it must demonstrate that the unit closed under the Subpart 373-2 closure by removal standard.
      2. (b) The commissioner shall approve or deny the petition according to the procedures outlined in paragraph (2) of this subdivision.

2. (2) Procedures for closure equivalency determination.

   1. (i) If a facility owner or operator seeks an equivalency demonstration under paragraph (1) of this subdivision, the commissioner will provide the public, through a newspaper notice, the opportunity to submit written comments on the information submitted by the owner or operator within 30 days from the date of the notice. The commissioner will also, in response to a request or at his or her own discretion, hold a public hearing whenever such a hearing might clarify one or more issues concerning the equivalence of the Subpart 373-3 closure to a Subpart 373-2 closure. The commissioner will give public notice of the hearing at least 30 days before it occurs. (Public notice of the hearing may be given at the same time as notice of the opportunity for the public to submit written comments, and the two notices may be combined.)
   2. (ii) The commissioner will determine whether the Subpart 373-3 closure met Subpart 373-2 closure by removal or decontamination requirements within 90 days of its receipt. If the commissioner finds that the closure did not meet the applicable Subpart 373-2 standards, he or she will provide the owner or operator with a written statement of the reasons why the closure failed to meet Subpart 373-2 standards. The owner or operator may submit additional information in support of an equivalency demonstration within 30 days after receiving such written statement. The commissioner will review any additional information submitted and make a final determination within 60 days.
   3. (iii) If the commissioner determines that the facility did not close in accordance with Subpart 373-2 closure by removal standards, the facility is subject to post-closure permitting requirements.
3. (3) Enforceable documents for post-closure care. At the discretion of the department, an owner or operator may obtain, in lieu of a post-closure permit, an enforceable document imposing the requirements of section 373-3.7(k) of this Part. Enforceable document means an order, a plan or other document issued by the department under article 27 or 71 of the Environmental Conservation Law (ECL), including, but not limited to a corrective action order, a CERCLA or State inactive hazardous waste site remedial order or a closure or post-closure plan, and enforceable under article 71 of the ECL.

(e) Scope of the Part 373 permit requirement.

The ECL and RCRA require a permit for the treatment, storage, and disposal of any hazardous waste as identified or listed in Part 371 of this Title. The terms treatment, storage, disposal, and hazardous waste are defined in section 370.2(b) of this Title. Owners and operators of hazardous waste management units must have permits during the active life (including the closure period) of the unit. Owners or operators of surface impoundments, landfills, land treatment units, and waste pile units that received wastes after July 26, 1982, or that certified closure (according to section 373-3.7[f][1] of this Part) after January 26, 1983, must have post-closure permits, unless they demonstrate closure by removal or decontamination as provided under paragraphs (1) and (2) of this subdivision, or obtain an enforceable document in lieu of a post-closure permit, as provided under paragraph (3) of this subdivision. If a post-closure permit is required, the permit must address applicable Subpart 373-2 (Groundwater Monitoring, Unsaturated Zone Monitoring, Corrective Action, and Post-Closure Care Requirements) of this Part. The denial of a permit for the active life of a hazardous waste management facility or unit does not affect the requirement to obtain a post-closure permit under this Part.