§ 271.342. Final closure certification.
(a) If the operator of a municipal waste processing or disposal facility believes that closure and postclosure requirements applicable to the facility have been met, the operator may file a request for final closure certification with the Department.
(b) The Department will not issue a final closure certification unless the operator demonstrates that:
(1) The applicable operating requirements of the act, the environmental protection acts, this title, the permit, the approved closure plan and orders of the Department have been complied with.
(2) For a municipal waste landfill permitted on or after December 23, 2000, one of the following remediation standards is met and maintained at and beyond 150 meters of the perimeter of the permitted disposal area or at and beyond the property boundary, whichever is closer:
(i) For constituents for which an MCL has been promulgated under the Federal Safe Drinking Water Act or the Pennsylvania Safe Drinking Water Act (42 U.S.C.A. § § 300f—300j-18; and 35 P. S. § § 721.1—721.17), the MCL for that constituent.
(ii) For constituents for which MCLs have not been promulgated, the background standard for the constituent.
(iii) For constituents for which the background standard is higher than the MCL or alternative groundwater protection standard identified under subparagraph (iv), the background standard.
(iv) For constituents for which MCLs have not been established, an alternative groundwater protection standard that satisfies the following criteria:
(A) The level is derived in a manner consistent with Department guidelines for assessing the health risks of environmental pollutants.
(B) The level is based on scientifically valid studies conducted in accordance with good laboratory practice standards (40 CFR Part 792 (relating to good laboratory practice standards)) promulgated under the Toxic Substances Control Act (15 U.S.C.A. § § 2601—2692) or other scientifically valid studies approved by the Department.
(C) For carcinogens, the level represents a concentration associated with an excess lifetime cancer risk level (due to continuous lifetime exposure) within the 1 x 10-4 to 1 x 10-6 range.
(D) For systemic toxicants, the level represents a concentration to which the human population (including sensitive subgroups) could be exposed on a daily basis that is likely to be without appreciable risk of deleterious effects during a lifetime. For purposes of this clause, systemic toxicants include toxic chemicals that cause effects other than cancer or mutation.
(3) For a municipal waste landfill that received waste between October 9, 1993, and December 23, 2000, one of the following is met and maintained:
(i) Groundwater remediation standards, including points of compliance, identified in a closure plan approved prior to December 23, 2000.
(ii) Groundwater remediation standards identified in paragraph (2), including the points of compliance.
(4) For other facilities, one of the following groundwater remediation standards is met and maintained at the identified compliance points:
(i) The Statewide health standard at and beyond the property boundary.
(ii) The background standard at each well selected to determine the extent of contamination, as identified in § 273.286(c)(1) (relating to groundwater assessment plan).
(iii) The site-specific standard at and beyond the property boundary.
(5) No further remedial action, maintenance or other activity by the operator is necessary to continue compliance with the act, the environmental protection acts, this title, the permit, the approved closure plan and orders of the Department.
(6) The facility is not causing adverse effects on the environment and it is not causing a nuisance.
(c) For facilities other than municipal waste landfills, the Department may approve a compliance point beyond the property boundary up to a water source for measuring compliance with secondary contaminants under subsection (b)(4)(i) or (iii).
(d) Upon a request for final closure certification, the Department will inspect the facility to verify that final closure has been completed as provided in subsection (b).
(e) The date of the Department’s final closure certification shall be the date of commencement of the 10-year bond liability period following final closure.
(f) The final closure certification is not a guarantee of future performance nor does it constitute a waiver or release of bond liability or other liability existing in law or equity for adverse environmental effects or conditions of noncompliance existing at the time of the notice or which might occur at a future time, for which the operator remains expressly liable. The issuance of a final closure certification does not discharge an owner or operator from liability to restore the groundwater to remediation standards and to maintain groundwater quality, at a minimum, at those levels.
(g) If after the issuance of a certification of final closure, the Department determines that additional postclosure measures are required to abate or prevent adverse effects upon the environment or the public health, safety and welfare, the Department will issue a written notice to the operator setting forth the schedule of measures to be taken to bring the facility into compliance. The measures include, but are not limited to, the applicable requirements of this article.
(h) If, after the issuance of a certification of final closure, the Department determines that the level of risk is increased beyond the acceptable range at a facility due to substantial changes in exposure conditions, such as in a change in land use from a nonresidential to a residential use, or new information is obtained about a substance associated with the facility which revises exposure assumptions beyond the acceptable range, additional remediation shall be required.
(i) For purposes of this section, “property boundary” is the delineation of the parcel of land as described in the deed existing on the date the facility ceases to accept waste.
Source The provisions of this § 271.342 adopted April 8, 1988, effective April 9, 1988, 18 Pa.B. 1681; amended December 22, 2000, effective December 23, 2000, 30 Pa.B. 6685. Immediately preceding text appears at serial pages (208085) to (208086).
Cross References This section cited in 25 Pa. Code § 271.113 (relating to closure plan); 25 Pa. Code § 271.314 (relating to duration of liability); 25 Pa. Code § 271.341 (relating to release of bonds); 25 Pa. Code § 271.343 (relating to withdrawals from municipal trust); 25 Pa. Code § 271.372 (relating to conditions of insurance); 25 Pa. Code § 271.381 (relating to financial assurances requirements); 25 Pa. Code § 272.106 (relating to termination of trust); 25 Pa. Code § 277.322 (relating to closure); 25 Pa. Code § 279.262 (relating to cessation of operations); 25 Pa. Code § 281.282 (relating to cessation of operations); and 25 Pa. Code § 283.272 (relating to cessation of operations).
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