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This entry was published on 2014-09-22
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SECTION 27-0918
Closure and post-closure plans
Environmental Conservation (ENV) CHAPTER 43-B, ARTICLE 27, TITLE 9
§ 27-0918. Closure and post-closure plans.

1. Owners and operators of hazardous waste facilities shall submit to
the department for its approval plans for the closure and post-closure
monitoring and maintenance of their facilities. The department may
promulgate rules and regulations concerning the contents of such plans.
Such regulations shall reflect due consideration of relevant federal
requirements and except where necessary to serve the public interest or
inconsistent with the purposes of this section, shall conform to
relevant federal regulations, but shall in no case be less stringent
than such federal requirements and regulations. In the case of new
facilities, such plans shall be approved prior to the effective date of
the facility's operating permit. In the case of existing facilities,
such plans shall be submitted to the department within six months of the
effective date of this section, and shall be approved, denied or
modified by the department within twelve months of submission.

2. Together with the submission of a plan for closure and post-closure
monitoring and maintenance, the owner or operator of a hazardous waste
facility shall submit to the department for approval a written estimate
of the costs associated therewith. The estimate of closure costs must
equal the cost of closure at the point in the facility's operating life
when the extent and manner of its operation would make closure the most
expensive, as indicated by its closure plan.

3. The owner or operator shall prepare new closure and post-closure
monitoring and maintenance cost estimates whenever the department or the
owner or operator determines that a change in either the closure or
post-closure monitoring and maintenance requirements affects the cost of
closure or post-closure care respectively.

4. One year after the approval of the cost estimates as set forth in
subdivision two of this section, and annually thereafter until closure
of the facility, the owner or operator shall adjust the closure and
post-closure monitoring and maintenance estimates to account for
inflation.

5. All estimates made pursuant to this section and revisions thereto
shall be subject to the review and approval of the department.

6. The department shall periodically review the methods and
instruments of financial assurances for permitted hazardous waste
facilities to determine whether they are adequate in light of changed
circumstances to insure proper closure and post-closure monitoring and
maintenance of such facilities.

7. The provisions of this section relating to post-closure monitoring
and maintenance plans and cost estimates associated therewith shall only
apply to owners and operators of disposal facilities.