§ 66265.228. Closure and Postclosure Care.

(a) At closure, the owner or operator shall:

(1) remove or decontaminate all waste residues, contaminated containment system components (liners, etc.), contaminated subsoils, and structures and equipment contaminated with waste and leachate, and manage them as hazardous waste unless section 66261.3(d) applies; or

(2) close the impoundment and provide postclosure care for a landfill under article 7 and section 66265.310 of this chapter, including the following:

(A) eliminate free liquids by removing liquid wastes or solidifying the remaining wastes and waste residues;

(B) stabilize remaining wastes to a bearing capacity sufficient to support the final cover; and

(C) cover the surface impoundment with a final cover designed and constructed to:

1. minimize the downward entry of water into the closed impoundment throughout a period of at least 100 years;

2. function with minimum maintenance;

3. promote drainage and minimize erosion or abrasion of the cover;

4. accommodate settling and subsidence so that the cover's integrity is maintained;

5. have a permeability less than or equal to the permeability of any bottom liner system or natural subsoils present;

6. accommodate lateral and vertical shear forces generated by the maximum credible earthquake so that the integrity of the cover is maintained;

7. preclude ponding of rainfall and surface run-on over the closed area; and

8. conform to the provisions of subsection (e) through (r) of section 66264.228, except that the Department shall grant a variance from any requirement which the owner or operator demonstrates to the satisfaction of the Department is not necessary to protect public health, water quality or other environmental quality.

(b) In addition to the requirements of article 7 and section 66265.310 of this chapter, during the postclosure care period, the owner or operator of a surface impoundment in which wastes, waste residues or contaminated materials remain after closure in accordance with the provisions of subsection (a)(2) of this section shall:

(1) maintain the integrity and effectiveness of the final cover, including making repairs to the cover as necessary to correct the effects of settling, subsidence, erosion or other events;

(2) maintain and monitor the groundwater monitoring system and comply with all other applicable requirements of article 6 of chapter 14;

(3) prevent run-on and run-off from eroding or otherwise damaging the final cover, and

(4) maintain and monitor the leak detection system in accordance with sections 66265.221(c)(2)(D) and (c)(3) of this chapter and 66265.226(b) and comply with all other applicable and leak detection system requirements of this part.

HISTORY

1. New section filed 5-24-91; operative 7-1-91 (Register 91, No. 22).

2. Amendment of subsections (b)(2)-(3), new subsection (b)(4) and amendment of Note filed 7-19-95; operative 8-18-95 (Register 95, No. 29).

3. Change without regulatory effect amending subsection (b)(4) filed 6-30-97 pursuant to section 100, title 1, California Code of Regulations (Register 97, No. 27).

Note

Note: Authority cited: Sections 25150 and 25159, Health and Safety Code; and Governor's Reorganization Plan Number 1 of 1991. Reference: Sections 25159 and 25159.5, Health and Safety Code; and 40 CFR Section 265.228.