California Department of Resources Recycling and Recovery (CalRecycle) 

Regulations: Title 27, Environmental Protection--Division 2, Solid Waste

Chapter 3. Criteria for All Waste Management Units, Facilities, and Disposal Sites

Subchapter 5. Closure and Post-Closure Maintenance

Article 1. General Standards For All Waste Management Units

Section 20950. SWRCB - General Closure and Post-Closure Maintenance Standards Applicable to Waste Management Units (Units) for Solid Waste. (C15: Section 2580)

[Note: For landfills, see also section 21790 et seq.]

(a) General.

(1) Applicability — Dischargers who are implementing final closure of a new or existing classified solid waste management unit (Unit) or are implementing complete final closure of a portion of a solid waste landfill [incremental closure under section 21090(b)(1)(D)] shall comply with the provisions of this article. The discharger shall carry out both mandatory closure (under section 22190) and normal closure (e.g., at the end of the active life of the Unit) in accordance with a closure and post-closure plan (under section 21769) which the RWQCB finds meets all applicable requirements that section and of this Subchapter, including but not limited to applicable performance standards under (a)(2). For the purposes of the RWQCB, the final closure plan the discharger submits under this section constitutes an amendment to the report of waste discharge (under section 21750). If a portion of a Unit was completely closed in accordance with an approved closure plan by November 27, 1984, the cover over the closed portion does not need to be modified to conform to the SWRCB's additional closure requirements in these regulations, unless monitoring data indicate impairment of beneficial uses of ground water. Classified Units shall be closed according to an approved closure and post closure maintenance plan which provides for continued compliance with the applicable SWRCB-promulgated standards for waste containment and precipitation and drainage controls in Article 4, Subchapter 2, Chapter 3 of this subdivision (section 20310 et seq.), and the monitoring program requirements in Article 5, Subchapter 2, Chapter 3 of this subdivision (section 20380 et seq.), throughout the closure period and the post closure maintenance period. Relative to the applicable SWRCB-promulgated requirements of this title, the post closure maintenance period shall extend as long as the wastes pose a threat to water quality; for Units concurrently regulated by the RWQCB and by other state agencies (including the agents of such agencies), the RWQCB’s finding that the waste in the Unit no longer poses a threat to water quality shall release the discharger only from the need to comply with the SWRCB-promulgated portions of this title, for that Unit. For land treatment facilities, relative only to the applicable SWRCB-promulgated requirements of this title, the post-closure maintenance period shall extend until treatment is complete.

(2) Performance Standards — The performance standards applicable to closure of a Unit and, for Units that are not clean-closed, to post-closure maintenance at the Unit are as follows:

(A) Unit Closed as a Landfill — for landfills that are not clean-closed and for waste piles and surface impoundments that are closed as a landfill:

1. Closure — for landfills and for waste piles and surface impoundments closed as landfills, the goal of closure, including but not limited to the installation of a final cover, is to minimize the infiltration of water into the waste, thereby minimizing the production of leachate and gas. For such Units, after closure, the final cover constitutes the Unit’s principal waste containment feature; and

2. Post-Closure Maintenance — the goal of post-closure maintenance at such Units is to assure that the Unit continues to comply with the performance standard of a)(2)(A)1. until such time as the waste in the Unit no longer constitutes a potential threat to water quality;

(B) Unit Clean-Closed — for Units that are clean-closed, the goal of closure is to physically remove all waste and contaminated materials from the Unit and from its underlying and surrounding environs, such that the waste in the Unit no longer poses a threat to water quality. Successful completion of clean-closure eliminates the need for any post-closure maintenance period and removes the Unit from being subject to the SWRCB-promulgated requirements of this subdivision; and

(C) LTUs — for land treatment units (LTUs):

1. Closure — the goal of closure is to initiate the post-closure maintenance period;

2. Post-Closure Maintenance — the goal of post-closure maintenance is to continue Unit operations, without discharging additional waste to the Unit, in a manner which maximizes the degradation rate of the waste remaining within the treatment zone.

(b) Closure Supervision — Closure shall be under the direct supervision of a registered civil engineer or a certified engineering geologist.

(c) Unit Type — Class II Units and Class III landfills shall be closed in accordance with one of the following options:

(1) landfill: pursuant to section 21090;

(2) surface impoundment: pursuant to section 21400;

(3) waste pile: pursuant to section 21410; or

(4) land treatment: pursuant to section 21420.

(d) Surveying Monuments — Closed Units shall be provided with at least two permanent monuments installed by a licensed land surveyor or a registered civil engineer, from which the location and elevation of wastes, containment structures, and monitoring facilities can be determined throughout the post closure maintenance period.

(e) Vegetation — For landfills and for waste piles and surface impoundments that are closed as landfills, all vegetation for the closed Unit’s vegetative cover layer shall meet the requirements of section 21090(a)(3)(A)1. [in cases where the Unit does not utilize the mechanically erosion resistant layer of section 21090(a)(3)(A)2.].

(f) Closure/Post-Closure Financial Assurance — The RWQCB shall require the discharger to establish an irrevocable fund (or to provide other means) for closure and post-closure maintenance (see Articles 1 & 2 of Chapter 6 of this subdivision) to ensure closure and post closure maintenance of each classified Unit in accordance with an approved plan. [Note: corrective action financial assurance standards continue to apply throughout closure and post-closure maintenance {see section 20380(b) & section 22222.}] For landfills required by the CIWMB to have financial assurance mechanisms under Chapter 6, the RWQCB shall assist the CIWMB:

(1) by verifying the amount of coverage proposed by the discharger to meet applicable SWRCB-promulgated requirements of this subdivision [Note: the CIWMB is responsible for the review, approval, and management of the financial assurance mechanisms for such Units]; and

(2) by participating in the CIWMB’s periodic review of the adequacy of financial assurance mechanisms, and in any enforcement action that such review reveals, as necessary.

Note:

Authority cited: Section 1058, Water Code..
Reference: Sections 13172, Water Code; Section 43103, Public Resources Code.


Section 20960. CIWMB - General Standards For Disposal Sites and Landfills. [Reserved]

CIWMB - General Standards For Disposal Sites and Landfills. [Reserved]


Article 2. Closure and Post-Closure Maintenance Standards for Disposal Sites and Landfills

Section 21090. SWRCB - Closure and Post-Closure Maintenance Requirements for Solid Waste Landfills. (C15: section 2581 // T14: section 17777, section 17779)

[Note: For SWRCB’s final cover performance standard, see section 20950(a)(2)(A); for related CIWMB requirements, see section 21790 et seq.]

(a) Final Cover Requirements — Final cover slopes shall not be steeper than a horizontal to vertical ratio of one and three quarters to one, and shall have a minimum of one fifteen-foot wide bench for every fifty feet of vertical height. Designs having any slopes steeper than a horizontal to vertical ratio of three to one, or having a geosynthetic component [under(a)(2)], shall have these aspects of their design specifically supported in the slope stability report required under section 21750(f)(5). The RWQCB can require flatter slopes or more benches where necessary to ensure preservation of the integrity of the final cover under static and dynamic conditions. The cost estimate, under section 21769, for the final cover shall include a description of the type and estimated volume (or amount, as appropriate) of material needed for each component of the final cover based upon the assumption that all materials will need to be purchased; if on-site materials are to be used, the submittal shall include test results confirming the availability of such on-site materials and their suitability for such use. The RWQCB can allow any alternative final cover design that it finds will continue to isolate the waste in the Unit from precipitation and irrigation waters at least as well as would a final cover built in accordance with applicable prescriptive standards under (a)(1-3).

(1) Foundation Layer — Closed landfills shall be provided with not less than two feet of appropriate materials as a foundation layer for the final cover. These materials may be soil, contaminated soil, incinerator ash, or other waste materials, provided that such materials have appropriate engineering properties to be used for a foundation layer. The foundation layer shall be compacted to the maximum density obtainable at optimum moisture content using methods that are in accordance with accepted civil engineering practice. A lesser thickness may be allowed for Units if the RWQCB finds that differential settlement of waste, and ultimate land use will not affect the structural integrity of the final cover.

(2) Low-Hydraulic-Conductivity Layer — In order to protect water quality by minimizing the generation of leachate and landfill gas, closed landfills shall be provided with a low-hydraulic conductivity (or low through-flow rate) layer consisting of not less than one foot of soil containing no waste or leachate, that is placed on top of the foundation layer and compacted to attain an hydraulic conductivity of either 1x10-6 cm/sec (i.e., 1 ft/yr) or less, or equal to the hydraulic conductivity of any bottom liner system or underlying natural geologic materials, whichever is less permeable, or another design which provides a correspondingly low through-flow rate throughout the post-closure maintenance period. Hydraulic conductivity determinations for cover materials shall be as specified in Article 4, Subchapter 2, Chapter 3 of this subdivision [section 20310 et seq.], but using water as the permeant, and shall be appended to the closure and post-closure maintenance report. For landfills or portions thereof in which the final cover is installed after July 18, 1997, as part of the final closure plan for the Unit, the discharger shall provide a plan, as necessary [see (a)(4)], for protecting the low-hydraulic-conductivity layer from foreseeable sources of damage that could impair its ability to prevent the throughflow of water (e.g., desiccation, burrowing rodents, or heavy equipment damage).

(3) Erosion-Resistant Layer — The low-hydraulic-conductivity layer of (a)(2) shall be directly overlain by an erosion-resistant layer, as follows.

(A) Closed landfills shall be provided with an uppermost cover layer consisting of either:

1. Erosion-Resistance Via a Vegetative Layer — a vegetative layer consisting of not less than one foot of soil which:

a. contains no waste (including leachate);

b. is placed on top of all portions of the low-hydraulic-conductivity layer described in (a)(2);

c. is capable of sustaining native, or other suitable, plant growth;

d. is initially plantedand is later replanted as needed to provide effective erosion resistancewith native or other suitable vegetation having a rooting depth not exceeding the depth to the top of the low-hydraulic-conductivity layer described in (a)(2). For any proposed vegetative cover, the discharger shall propose a species mix which harmonizes with the proposed post-closure land use, and which requires as little long-term maintenance as feasible by virtue of its tolerance of the vegetative layer’s soil conditions (e.g., the presence of landfill gas), its resistant to foreseeable adverse environmental factors (e.g., climate, disease, and pests), its rapidity of germination and growth, its persistence and ease of self-propagation, its high percentage of surface coverage (sufficient to prevent surface erosion), and its minimal need for irrigation and maintenance; and

e. by virtue of its composition, its maintained vegetation density, and its finished-and-maintained grade, will be resistant to foreseeable erosion effects by wind-scour, raindrop impact, and runoff; or

2. Mechanically Erosion-Resistant Layer — an erosion- and ultraviolet light-resistant layer which, by virtue of its composition and finished-and-maintained grade, resists foreseeable erosion effects by wind-scour, raindrop impact, and runoff (e.g., a 1-foot thick layer of cobbles, the interstices of which are filled with gravel).

(B) The discharger shall maintain all components of the erosion-resistant layer throughout the post-closure maintenance period, and, if closed after July 18, 1997, shall implement such maintenance in accordance with an approved Cover-Integrity Monitoring and Maintenance Program, pursuant to (a)(4).

(4) Cover Maintenance Plan & Annual Cost Estimate — The final cover shall be designed and constructed to function with the minimum maintenance possible. For landfills and for other Units closed as landfills, if the closure occurs after July 18, 1997, the preliminary and final closure and post-closure maintenance plan shall incorporate a cover-integrity monitoring and maintenance program which includes at least the following components. The annualized post-closure maintenance plan cost analysis [of section 21769(c)] shall include an itemized estimate of the annual cost of each component:

(A) Periodic Leak Search — a schedule for carrying out periodic monitoring of the integrity of the low-hydraulic-conductivity layer, including a method for effectively identifying and repairing breaches in that layer [for example and where allowed, by temporarily discontinuing active gas extraction and using surface gas probes or inserted soil gas probes to identify locations where landfill gas is emerging];

(B) Periodic Identification of Other Problem Areas — a schedule for periodically identifying and addressing other cover problems, including at least:

  1. areas of the vegetative cover, if any, requiring replanting;
  2. eroded portions of the erosion-resistant layer requiring regrading, repair, or (for areas where the problem persistently reoccurs) increased erosion resistance;
  3. eroded portions of the low-hydraulic-conductivity layer needing repair or replacement;
  4. areas lacking free drainage;
  5. areas damaged by equipment operation;
  6. [Reserved]; and
  7. localized areas identified in the iso-settlement survey [of (e)(2)] as having sustained repeated or severe differential settlement.

(C) Prompt Cover Repair — a plan for repairing, in a timely manner, any breach or other cover problem discovered pursuant to (a)(4)(A or B). For any repairs of the low-hydraulic- conductivity layer, this plan shall either contain a Construction Quality Assurance (CQA) plan [under section 21710(a)(5)], or shall accomplish this goal through the incorporation-by-reference of appropriate portions of an approved CQA plan; and

(D) Vegetation Maintenance — for a final cover utilizing a vegetated erosion resistant layer [under(a)(3)(A)1.], a plan for maintaining this vegetative cover, including fertilization, irrigation, elimination of species that violate the rooting depth limit [of (a)(3)(A)1.d.], replanting, and irrigation system maintenance.

(5) Discharges of Liquids to Covers.

(A) Leachate and Gas Condensate — The discharge of leachate, gas condensate, or other waste liquids to any final-covered portion of an MSW landfill is subject to the restrictions under section 20200(d). [Note: see also 1) definitions of "leachate" and "landfill gas condensate" in section 20164, and 2) section 20705(f), re: daily and intermediate cover.]

(B) Other Liquids — The discharger shall moderate the application rate of liquids discharged to the cover for dust control, irrigation of the vegetative layer, or other non-disposal purpose in a manner that minimizes the potential for throughflow to the underlying waste. The RWQCB can establish cover throughflow monitoring requirements (e.g., via intermittent tensiometer measurements of the cover) to ensure compliance with this requirement.

(6) Stability Analysis — For any portions of the final cover installed after July 18, 1997, for which the RWQCB has not approved a slope and foundation stability report on or before that date, the discharger shall meet the requirements of section 21750(f)(5).

(b) Grading Requirements.

(1) Prevent Ponding, Erosion, and Run-On.

(A) General — The final drainage plan shall be included as part of the approved final closure plan for the Unit. In spite of differential settlement, the final cover of closed landfills (including waste piles and surface impoundments closed as landfills) shall be designed, graded, and maintained to prevent ponding and to prevent soil erosion due to high run-off velocities. Except as provided in (b)(1)(B), all portions of the final cover shall have a slope of at least three percent. [Note: for additional requirements concerning final grading, see section 21142.]

(B) Flatter Areas — The RWQCB can allow portions of the final cover to be built with slopes of less than three percent if the discharger proposes an effective system for diverting surface drainage from laterally-adjacent areas and preventing ponding in the allowed flatter portion. Analyses submitted in support of such a proposal shall take into account the design storm intensity for the Unit [under section 20365].

(C) Qualified Professional — The final grading design shall be designed and approved by a registered civil engineer or certified engineering geologist to meet the performance standards of (b)(1)(A and B), taking into consideration pertinent natural and constructed topographic features (including any related to the proposed post-closure land use), and climate.

(D) Prompt Incremental Closure — This paragraph applies unless the RWQCB has approved, as part of the final closure plan, a waiting period (for installation of the final cover) not to exceed five years after the date a portion of the landfill reaches final elevation, in order to avoid subjecting the final cover to potential damage from the high rate of differential settlement that so often occurs during the first few years following the final receipt of waste. To the extent feasible, based on site-specific factors, the complete closure, including final grading and installation of the final cover, for each portion of the landfill shall be implemented as soon as possible after that portion reaches final elevation. [For additional related requirements, see (d), section 21110, section 21120.]

(E) CQA — After July 18, 1997, both the initial construction of the final cover and any later repair work that involves the cover’s low-hydraulic-conductivity layer [of (a)(2)] shall be carried out in accordance with an approved CQA plan [see section 20323 & section 20324].

(2) Steeper-Sloped Portions — Areas with slopes greater than ten percent, areas having surface drainage courses, and areas subject to erosion by water or wind shall be protected from erosion or shall be designed and constructed to prevent erosion.

(3) Precipitation & Drainage Plan — The final closure plan for the Unit shall incorporate a precipitation and drainage control plan for the closed landfill, and shall meet the requirements of section 20365.

(c) General Post-Closure Duties — Throughout the post closure maintenance period, the discharger shall:

(1) maintain the structural integrity and effectiveness of all containment structures, and maintain the final cover as necessary to correct the effects of settlement or other adverse factors;

(2) continue to operate the leachate collection and removal system as long as leachate is generated and detected;

(3) maintain monitoring systems and monitor the ground water, surface water, and the unsaturated zone in accordance with applicable requirements of Article 1, Subchapter 3, Chapter 3, Subdivision 1 (section 20380 et seq.);

(4) prevent erosion and related damage of the final cover due to drainage; and

(5) protect and maintain surveyed monuments [installed under section 20950(d)].

(d) Landfill Closure Deadline — For landfill Units subject to the CIWMB-promulgated provisions of this division, any closure deadline extensions the discharger proposes to the EA (under section 21110) shall be effective only after concurrence by the RWQCB.

(e) Final Cover Surveys.

This subsection [i.e., through (e)(3)] applies only to landfills, or portions thereof, that are final-closed after July 18, 1997.

(1) Initial Survey and Map — For a closed landfill (including a surface impoundments or waste pile closed as a landfill), upon completion of all closure activities for the Unit [or portion thereof, pursuant to(b)(1)(D)], the discharger shall conduct an aerial photographic survey [or alternative survey under(e)(3)] of the closed portions of the Unit and of its immediate surrounding area, including at least the surveying monuments [of section 20950(d)]. The data so obtained shall be used to produce [or to augment, in the case of incremental closure under (b)(1)(D)] a topographic map of the site at a scale and contour interval sufficient to depict the as-closed topography of each portion of the Unit, and to allow the early identification of any differential settlement, pursuant to (e)(2). For landfills undergoing incremental closure [under (b)(1)(D)], the survey for each closed portion of the landfill shall be carried out immediately following completion of closure activities for that portion of the landfill; such data shall be used to create or augment a map showing the closure date and as-closed topography of each portion of the Unit. The map produced pursuant to this paragraph shall act as a base-line against which to measure the total settlement, through time, of all portions of the final cover since the date when that landfill, or portion thereof, was closed. Upon completion of this topographic map (or, in the case of incremental closure, of each revision thereof), the discharger shall submit a copy to the RWQCB, the CIWMB, and the EA.

(2) Five-Yearly Iso-Settlement Map — At least every five years after completing closure of the landfill [or of the last remaining portion, for landfills undergoing incremental closure u under (b)(1)(D)], the discharger shall produce and submit to the RWQCB an iso-settlement map accurately depicting the estimated total change in elevation of each portion of the final cover’s low-hydraulic- conductivity layer. Therefore, for each portion of the landfill, this map shall show the total lowering of the surface elevation of the final cover, relative to the baseline topographic map [of (e)(1)], and shall indicate all areas where visually noticeable differential settlement [noted under (e)(4)] may have been obscured by grading operations. The map shall be drawn to the same scale and contour interval as the topographic map under (e)(1), but showing the current topography of the final cover and featuring overprinted isopleths indicating the total settlement to-date. The RWQCB shall apply the requirements of this paragraph only to a closed landfill which the RWQCB finds is likely to undergo differential settlement of such magnitude as to impair either the Unit’s containment features (e.g., final cover) or the free drainage of surface flow. [Note: The RWQCB’s choosing to forego requiring iso-settlement mapping for the purpose of water quality protection does not preclude the CIWMB/EA from requiring such mapping for other purposes (e.g., structural integrity considerations regarding a building sited on top of the closed landfill); see section 21142(b).]

(3) Alternative Surveying Techniques — The RWQCB can approve the use of any alternative technique (to an aerial survey) for producing the maps required by (e)(1 & 2), so long as the maps so produced meet the performance standards of (e)(1 & 2).

(4) Tracking Differential Settlement — Prior to conducting periodic grading operations on the closed landfill [under (b)(1)(A)], the discharger shall note on a map of the landfill the approximate location and outline of any areas where differential settlement is visually obvious. Each five-yearly iteration of the iso-settlement map [under(e)(2)] shall show all areas where differential settlement has been noted (under this paragraph) since the previous map submittal, and shall highlight areas of repeated or severe differential settlement. Map notations and delineations made pursuant to this paragraph need not be surveyed, so long as all areas where differential settlement was visually identifiable prior to regrading can be relocated. Such notation and delineation shall be made by, or under the supervision of, a registered civil engineer or registered geologist.

(f) Optional Clean-Closure — Notwithstanding any other SWRCB-promulgated closure or post-closure maintenance requirement in this subdivision, a discharger proposing to clean-close a landfill shall submit a clean-closure plan meeting the requirements of this subsection. [Note: see also CIWMB’s additional landfill clean-closure requirements under section 21810.] The purpose of clean-closure is to render the landfill (including all surrounding environs contaminated by waste released from the landfill) no longer capable of posing a threat to water quality. The purpose of a clean-closure plan is to propose a series of actions, including an accurate estimate of the cost of each such action, that will meet the requirements of this paragraph. Upon the RWQCB’s finding that the discharger has successfully completed clean-closure under this paragraph, the landfill shall no longer be subject to the SWRCB-promulgated requirements of this title. Nevertheless, if the RWQCB finds that the discharger’s attempt to clean-close the landfill does not meet the requirements of this subsection, the discharger shall close the landfill and carry out post-closure maintenance in the same manner as though the discharger had not attempted clean-closure. For the purpose of this paragraph, the discharger shall have successfully clean-closed a landfill only if:

(1) all waste materials, contaminated components of the containment system, and affected geologic materials — including soils and rock beneath and surrounding the Unit, and ground water polluted by a release from the Unit — are either removed and discharged to an appropriate Unit or treated to the extent that the RWQCB finds they no longer pose a threat to water quality; and

(2) all remaining containment features are inspected for contamination and, if contaminated, discharged in accordance with (f)(1).

Note:

Authority cited: Section 1058, Water Code.
Reference: Sections 13172, Water Code; Section 43103, Public Resources Code.


Section 21099. CIWMB - Purpose. (new)

(a) For purposes of the CIWMB promulgated sections of this article, "closed" refers to the status of a disposal site that either 1) has received a closure certification pursuant to section 21880, or 2) has, on or before November 18, 1990, completed all closure activities required pursuant to regulations in effect at the time of the last receipt of waste.

(b) For purposes of the CIWMB promulgated sections of this article, "closing" means the period that commences when implementation of an approved final closure or partial final closure plan begins, and that ends when implementation of an approved final closure or partial final closure plan is complete.

Note:

Authority cited: Sections 40502, 43020, 43021 and 43509, Public Resources Code.
Reference: Sections 43020, 43021, 43509 and 43103, Public Resources Code.


Section 21100. CIWMB - Scope and Applicability. (T14:Section 17760)

(a) This article sets forth the performance standards and the minimum substantive requirements for proper closure, postclosure maintenance and ultimate reuse of disposal sites. The EA may require the operator or owner to address site-specific conditions as part of the solid waste facility permit or any plan needed for closure of the site to ensure that public health and safety and the environment are protected. [For water quality aspects of closure and/or postclosure maintenance, refer to requirements set forth in section 20950.]

(b) The regulations contained in this article apply to:

(1) disposal sites that did not complete closure prior to November 18, 1990, in accordance with all applicable requirements; and

(2) new postclosure activities that may jeopardize the integrity of previously closed disposal sites or pose a potential threat to public health and safety or the environment.

(c) All closure plans submitted after the effective date of the regulations shall conform to the regulations in this article. Closure plans submitted prior to the effective date of this article that have been deemed complete and for which detailed comments have been supplied by the CIWMB and the EA within 12 months of the original submittal date shall not need to be resubmitted. Closure plans submitted prior to the effective date of this article that have been deemed complete but for which detailed comments have not yet been supplied by the CIWMB and the EA may not need to be resubmitted.

(d) Closed sites for which closure plans were not approved pursuant to section 20164 or section 21099, and illegal or abandoned disposal sites which pose a threat to public health and safety or the environment shall implement the provisions of these regulations as required by the EA.

(e) [Reserved]

(f) The EA shall apply these regulations to non-MSWLF units, except for disposal sites that have received household or commercial wastes, only as necessary to protect public health and safety, until such time as those non-MSWLF units or disposal sites have been placed into the regulatory tier structure set forth in Subchapter 2 of Chapter 4 (section 21460 et seq.) The EA shall implement these regulations in coordination with RWQCB or other agencies as applicable.

[Note: Subsection (e) (reserved) has been added to address closure of disposal sites which have been or will be slotted by the Board into regulatory tiers (e.g. non-MSWLF construction and demolition landfills and monofills for ash and contaminated soils).]

Note:

Authority cited: Section 40502 and 43020, Public Resources Code; and Section 66796.22(d), Government Code.
Reference: Sections Section 43021 and 43103, Public Resources Code; and Section 66796.22(d), Government Code.


Section 21110. CIWMB - Time Frames for Closure. (T14:Section 17763, parts of Section 17258.60 and 17258.61)

(a) Within thirty (30) days of receipt of the final shipment of was=te to a discrete unit or if the entire disposal site has reached permitted capacity, the operator shall begin implementation of the closure schedule as specified in the approved closure plan.

(b)

(1) If a solid waste landfill that has remaining permitted capacity is inactive for 12 consecutive months, the operator shall begin closure activities in accordance with the time frames specified in the closure plan unless granted an extension pursuant to (b)(3).

(2) If the average annual waste disposal rate to a solid waste landfill is reduced for two consecutive years to a rate equal to or less than thirty (30) percent of the average annual tonnage rate during the previous ten years (exclusive of the minimum and maximum tonnage years), the operator shall begin closure activities in accordance with the time frames specified in the closure plan unless granted an extension pursuant to (b)(3).

(3) Extensions beyond the deadline for beginning closure may be approved by the EA, for up to five years at a time, if all of the following conditions are met:

(A) The operator demonstrates that the landfill has the capacity to receive additional wastes and is likely to receive additional wastes;

(B) The operator demonstrates that the reduction in disposal tonnage is for a purpose other than the avoidance or delay of closure;

(C) The operator has taken and will continue to take the steps necessary to prevent threats to public health and safety and the environment from the unclosed landfill;

(D) CIWMB concurs with the EA-approved extension.

(4)

(A) The operator applying for an extension shall apply for a closure timeline extension at least 120 days prior to the anticipated date that the landfill waste flow rate will meet the limits specified in (b)(1) or (b)(2) above.

(B) Should the landfill waste flow rate unexpectedly meet the limits specified in (b)(1) or (b)(2) above, the operator shall apply for a closure timeline extension within 60 days of the date that the landfill waste flow rate meets the limits specified in (b)(1) or (b)(2) above.

(C) The application shall include, at a minimum, information that demonstrates compliance with the criteria in (b)(3) and shall contain any additional information required by the EA.

(5)

(A) The EA shall act upon the time extension request by approving, denying, or requesting additional information within 60 days of receipt of the application. If the EA does not act upon the request within 60 days, the request will be deemed to have been approved.

(B) The CIWMB shall act upon the time extension request by concurring, denying, or requesting additional information within 60 days of written notification of the EA's approval.  If the CIWMB does not act upon the request within 60 days, the request will be deemed to have been concurred with.

(C) If the EA or CIWMB denies an extension request, such denial shall be based on a written finding that:

(i) One or more of the conditions in section 21110(b)(3) have not been met; or

(ii) Approval of the extension request would result in significant adverse impacts to public health and safety or the environment in contravention of the CIWMB's statutes and regulations.

(6) Within 30 days of receiving a closure timeline extension, the operator shall submit an application for permit review, pursuant to section 21640, to the EA. If the EA determines that a revised SWFP is required, the revised SWFP may include additional and/or revised conditions requiring, but not limited to, partial closure, enhanced intermediate cover, or other operational conditions based on the reduced waste flow rate and in consideration of the need for additional environmental protections beyond the existing permit conditions.

(7) If a time extension is not approved, the operator shall begin implementation of closure schedule as specified in the approved closure plan within 30 days following receipt of the decision of the EA or CIWMB.

(8) An operator of a landfill which meets the waste flow levels specified in (b)(1) and (b)(2) does not need to request an extension from closure provided both of the following conditions are met:

(A) The operator submits a final closure and postclosure maintenance plan within six (6) months of the effective date of the regulation and

(B) The operator permanently ceases accepting waste at the landfill within two (2) years of the effective date of the regulation.

(9) Subsections (b)(1)-(8) apply to the entire solid waste landfill and not to individual discrete units.

(c) Closure activities shall adhere to the time frames specified in the approved closure plan.

(d) In the event that the time frames for completion of specific activities cannot be adhered to due to adverse weather or other factors not in the control of the operator, then the time frames may be lengthened based upon those specific factors.

(1) The operator shall notify the EA of any change in schedule due to adverse weather or other factors not in their control. The notification shall be made as soon as the operator becomes aware of a needed change.

(2) The EA may deny the change requested pursuant to (d)(1) if the factors justifying the change are in the control of the operator.

(e) The owner or operator of a solid waste landfill must complete closure activities in accordance with the approved closure plan within 180 days following the beginning of closure. Extensions of the closure period may be granted by the EA and concurred by the CIWMB and RWQCB if the owner or operator demonstrates that closure will, of necessity, take longer than 180 days and the owner or operator has taken and will continue to take all steps to prevent threats to human health and safety and the environment from the unclosed solid waste landfill. Timeline extensions will generally be approved through the approval of the closure and postclosure maintenance plans.

Note:

Authority cited: Section 40502 and 43020, Public Resources Code and Section 66796.22(d), Government Code.
Reference: Sections 43021, 43103, and 44004, Public Resources Code and Sections 66796.22(d) and 66796.22(g) Government Code.


Section 21120. CIWMB - Partial Final Closure. (T14:Section 17764)

(a) The operator shall to the extent feasible, based on site specific factors, implement partial and/or partial final closure activities as the site operation progresses, consistent with the closure of the entire site.

(b) Partial closure may be accomplished by implementing one or a combination of individual closure activities pursuant to CIWMB and SWRCB requirements including, but not limited to: placement of final cover, final grading, drainage control, revegetation, and installation of environmental monitoring and/or control systems (all of the foregoing) consistent with the approved closure and postclosure maintenance plan.

(c) Partial final closure may be accomplished by closing discrete units in a manner consistent with the approved closure and postclosure maintenance plan.

(d) The approval and implementation of any closure plan for a portion of the landfill shall be subject to the same process and time frames as for the approval and implementation of a closure and postclosure maintenance plan for the entire landfill (see section 21110 and section 21860).

Note:

Authority cited: Sections 40502 and 43020, Public Resources Code and Section 66796.22(d), Government Code.
Reference: Sections 43021 and 43103, Public Resources Code and Sections 66796.22(d) and 66796.22(g) ? Government Code.


Section 21125. CIWMB - Clean Closure. [Reserved]

CIWMB - Clean Closure. [Reserved]


Section 21130. CIWMB - Emergency Response. (T14:Section 17766)

Water quality protection aspects for emergency response plan are addressed in section 21132.

(a) The operator shall maintain a written postclosure emergency response plan at the facility or at an alternate location as approved by the EA. The emergency response plan must identify occurrences that may exceed the design of the site and endanger public health or the environment. The plan shall describe specific procedures that minimize these hazards to protect public health and safety. The events that the plan shall address include, but are not limited to: vandalism, fires, explosions, earthquakes, floods, the collapse or failure of artificial or natural dikes, levees or dams; surface drainage problems; and other waste releases.

(b) The emergency response plan shall contain the following:

(1) identification of events which could require the implementation of emergency response actions. This section shall not apply to the gas monitoring provisions;

(2) a description of the actions to be taken, and the sequence and implementation timetable needed to mitigate the conditions; and

(3) a statement regarding the general availability of equipment required to mitigate each type of emergency.

(c) The operator shall amend the emergency response plan under the following conditions:

(1) whenever a failure or release occurs for which the plan did not provide an adequate response;

(2) when the postclosure land use and/or structures on the site change and these changes are not addressed in the existing plan; or

(3) if the EA notifies the operator in writing that the current emergency response plan is inadequate under the provisions of this section. The notifying agency shall include within the written notice the items the plan needs to consider for it to comply with this section. The operator shall submit an amended emergency response plan to the EA within thirty (30) days of notification of an inadequacy.

(d) Whenever the operator amends the emergency response plan pursuant to (c)(1 or 2), the operator shall submit a written copy of the amended plan to the EA.

Note:

Authority cited: Sections 40502 and 43020, Public Resources Code; and Section 66796.22(d), Government Code.
Reference: Sections 43021 and 43103, Public Resources Code; and Sections 66796.22(d) and 66796.22(g) Government Code.


Section 21132. SWRCB - Landfill Emergency Response Plan Review. (new)

(a) Review & Notification — For landfills, the RWQCB shall review the emergency response plan, in coordination with the Enforcement Agency (EA), to assure that no proposed response to a foreseeable emergency will result in a threat, or increased threat, to beneficial uses of waters of the state.

(b) Submittal — For landfills for which the CIWMB requires an emergency response plan (e.g., pursuant to section 21130), the discharger shall submit a copy of that plan, including any proposed amendments thereto, to the RWQCB. For landfills having an existing emergency response plan that has already been reviewed by the RWQCB, the discharger need not resubmit the plan for review by the RWQCB until such time as the plan is amended. For landfills having an existing emergency response plan (i.e., approved by the EA) that has not as yet been reviewed by the RWQCB, the discharger shall submit a current copy of the plan for RWQCB review prior to July 18, 1998. For proposed emergency response plans (including proposed amendments to an existing plan), this submittal shall occur at the same time as the discharger submits the proposed plan to the EA.

(c) Coordinate On New Response — In the event that the discharger proposes to respond to an emergency in a manner other than specified in the emergency response plan, the RWQCB shall coordinate with the EA to assure that the proposed response does not pose a threat to water quality.

Note:

Authority cited: Section 1058, Water Code, Public Resources Code.
Reference: Sections 13172, 13226, 13227, 13263, 13267, Water Code; Section 43103, Public Resources Code.


Section 21135. CIWMB - Site Security. (T14:Section 17767)

(a) Sign(s) shall be posted at all points of access to a site sixty (60) days prior to the last receipt of waste at the site and for a period of not less than one hundred eighty (180) days after the facility has received the final shipment of waste stating the intended date of last receipt of waste at the site and the location of alternative permitted solid waste management facilities. A notice shall be placed in a local newspaper(s) thirty (30) days prior to the last receipt of waste which includes the intended date of the last receipt of waste at the site and the location of alternative solid waste management facilities.

(b) Sites which do not allow public disposal and which have not allowed public access to the site for more than one year prior to cessation of acceptance of waste, or are undertaking partial final closure pursuant to section 21120, shall be exempt from the provisions of this section.

(c) The EA may require more signs, signs written in additional languages, larger signs, or signs of clearer design, if necessary to protect public health and safety.

(d) The EA may grant variances from the sign provisions of this section after receiving a written request by the operator.

(e) Sedimentation and detention basins shall be secured and maintained during the closure and postclosure maintenance period to prevent unauthorized access.

(f) The operator shall ensure that all points of access to the site are restricted to protect public health and safety as of the date the final shipment of waste is received. Components of any monitoring, control or recovery systems at the site shall be protected from access other than that allowed in accordance with the approved closure and postclosure maintenance plans.

(g) Once closure activities are complete, site access by the public may be allowed in accordance with the postclosure maintenance plan, as approved by the EA.

Note:

Authority cited: Sections 40502 and 43020, Public Resources Code and Section 66796.22(d), Government Code.
Reference: Section 66796.22(d), Government Code; and Section 44100 and 43103, Public Resources Code.


Section 21137. CIWMB - Structure Removal. (T14:Section 17771)

(a) the operator shall dismantle and remove site structures at the time of closure to protect public health and safety in accordance with the implementation schedule of the approved final closure plan.

(b) The operator shall ensure that structures and components of landfill gas and leachate control systems not intended for reuse that have come into contact with leachate or landfill gas, and that are dismantled at the time of closure or during the postclosure period are:

(1) disposed of within the landfill, in accordance with the approved final closure plan; or

(2) transported to another solid waste facility which is approved for receipt of such materials. Transportation and disposal should be accomplished in a manner to protect public health and safety.

Note:

Authority cited: Section 40502 and 43020, Public Resources Code; and Section 66796.22(d), Government Code.
Reference: Section 66796.22(d), Government Code; and Section 43021 and 43103, Public Resources Code.


Section 21140. CIWMB - Final Cover. (T14:Section 17773)

(a) The final cover shall function with minimum maintenance and provide waste containment to protect public health and safety by controlling at a minimum, vectors, fire, odor, litter and landfill gas migration. The final cover shall also be compatible with postclosure land use.

(b) In proposing a final cover design meeting the requirements under section 21090, the owner or operator shall assure that the proposal meets the  requirements of this section. Alternative final cover designs shall meet the performance requirements of (a) and, for MSWLF units, 40 CFR 258.60(b); shall be approved by the enforcement agency for aspects of (a).

(c) The EA may require additional thickness, quality, and type of final cover depending on, but not limited to the following:

(1) a need to control landfill gas emissions and fires;

(2) the future reuse of the site; and

(3) provide access to all areas of the site as needed for inspection of monitoring and control facilities, etc.

Note:

Authority cited: Sections 40502 and 43020, Public Resources Code; and Section 66796.22(d), Government Code.
Reference: Section 66796.22(d), Government Code; and Section 43021 and 43103, Public Resources Code.


Section 21142. CIWMB - Final Grading. (T14:Section 17776, Section 17777)

(a) Final grades must be designed and maintained to reduce impacts to health and safety and take into consideration any postclosure land use. [Note: for final grading requirements concerning water quality protection, see section 21090(b).]

(b) Subsequent to the creation and submittal of the initial postclosure topographic map, pursuant to section 21090(e)(1), the EA shall require the owner and/or operator to produce five-yearly iso settlement maps meeting the requirements of section 21090(e)(2)and(3) only if:

(1) the RWQCB does not require such maps (for the purpose of water quality protection at the landfill); and

(2) the EA finds that such maps are needed for reasons other than water quality protection.

Note:

Authority cited: Sections 40502 and 43020, Public Resources Code; and Section 66796.22(d), Government Code.
Reference: Sections 43021, 43103 and 44100, Public Resources Code; and Section 66796.22(d), Government Code.


Section 21145. CIWMB - Slope Stability. (T14:Section 17777)

(a) The operator shall ensure the integrity of final slopes under both static and dynamic conditions to protect public health and safety and prevent damage to postclosure land uses, roads, structures, utilities, gas monitoring and control systems, leachate collection and control systems to prevent public contact with leachate, and prevent exposure of waste. Slope stability analyses shall be conducted and reported pursuant to the requirements of Division 2, Subdivision 1, Chapter 4, Subchapter 3, Article 4 Section 21750(f)(5).

(b) The operator shall notify the EA, CIWMB, and RWQCB in the event of any slope failure.

Note:

Authority cited: Sections 40502 and 43020, Public Resources Code; and Section 66796.22(d), Government Code.
Reference: Sections 43021, 43103 and 44100, Public Resources Code; and Section 66796.22(d), Government Code.


Section 21150. CIWMB - Drainage and Erosion Control. (T14:Section 17778 , 17779)

[Water quality protection aspects for drainage and erosion control are addressed in section 20365 and section 21090, and in table 4.1 (in Article 4, Subchapter 2, Chapter 3 of this subdivision).]

(a) The drainage and erosion control system shall be designed and maintained to ensure integrity of postclosure land uses, roads, and structures; to prevent public contact with waste and leachate; to ensure integrity of gas monitoring and control systems; to prevent safety hazards; and to prevent exposure of waste.

(b) In cases where the design precipitation event in table 4.1, Article 4, Subchapter 2 of Chapter 3, is not adequate for the protection of public health and safety, the EA, in consultation with the RWQCB, may require the implementation of a more stringent design.

(c) Slopes not underlain by waste shall be stabilized to prevent soil erosion. Methods used to protect slopes and control erosion shall include, but are not limited to, terracing, contour furrows, and trenches.

Note:

Authority cited: Sections 40502 and 43020, Public Resources Code.; and Section 66796.22(d), Government Code.
Reference: Sections 43021, 43103 and 44100, Public Resources Code; and Section 66796.22(d), Government Code.


Section 21160. CIWMB - Landfill Gas Control and Leachate Contact. (T14:Section 17781, 17783)

(a) The operator shall implement and maintain landfill gas control and prevent leachate contact with the public or animals according to the requirements of this section.

(b) Gas monitoring and control shall be conducted during the closure and postclosure maintenance period pursuant to Article 6, Subchapter 4 of this chapter.

(c) During the closure/postclosure maintenance period, the owner/operator shall ensure that leachate collection and control is done in a manner which prevents public contact and controls vectors, nuisance and odors.

(d) In designing the LCRS to meet the requirements under section 20340, the owner/operator shall also assure that the LCRS neither:

(1) interferes with landfill gas control; nor

(2) promotes landfill gas migration.

Note:

Authority cited: Sections 40502 and 43020, Public Resources Code; and Section 66796.22(d), Government Code.
Reference: Sections 43021, 43103 and 44100, Public Resources Code; and Section 66796.22(d), Government Code.


Section 21170. CIWMB - Recording. (T14:Section 17787)

(a) The owner or operator, upon completion of closure of the site, shall file a detailed description of the closed site, including a map, with the Recorder of the County in which the site is located, with the EA and with the local agency that has been selected to maintain the county integrated waste management plan. The site description, upon completion of closure of the site, shall include but not be limited to the following:

(1) the date that closure was completed;

(2) the boundaries including height and depths of the filled area. If the site was closed in increments, the boundaries of each waste management unit;

(3) the location where the closure and postclosure plans can be obtained; and

(4) a statement that the future site use is restricted in accordance with the postclosure maintenance plan.

Note:

Authority cited: Sections 40502 and 43020, Public Resources Code; and Section 66796.22(d), Government Code.
Reference: Sections 43103 and 44100, Public Resources Code; and Section 66796.22(d), Government Code.


Section 21180. CIWMB - Postclosure Maintenance. (T14:Section 17788)

[Water quality protection aspects for postclosure maintenance are addressed in Section 21090.]

(a) Postclosure maintenance for the purposes of reducing impacts to health and safety, shall be conducted to ensure the integrity of the final cover and environmental control systems. The landfill shall be maintained and monitored for a period of not less than thirty (30) years after the completion of closure of the entire solid waste landfill. Any areas in which final cover is placed prior to the closure of the entire landfill shall be maintained in accordance with an approved postclosure maintenance plan, but the thirty (30) year monitoring period shall not commence until closure of the entire landfill is complete. Maintenance and monitoring shall include, but not be limited to the following:

(1) site security;

(2) gas monitoring and control system maintenance as specified in the final closure and postclosure maintenance plans.

(b) If nonliquid waste is exposed during postclosure maintenance activities at a solid waste landfill, the waste may be returned to that landfill provided that the integrity of the final cover is maintained.

(c) The operator shall provide to the CIWMB and the EA copies of the maps and reports provided to the RWQCB pursuant to section 21090(e)(2) describing the amount of differential settlement.

Note:

Authority cited: Sections 40502 and 43020, Public Resources Code.; and Section 66796.22(d), Government Code.
Reference: Sections 43021, 43103, Public Resources Code; and Section 66796.22(d), Government Code.


Section 21190. CIWMB - Postclosure Land Use. (T14:Section 17796)

(a) Proposed postclosure land uses shall be designed and maintained to:

(1) protect public health and safety and prevent damage to structures, roads, utilities and gas monitoring and control systems;

(2) prevent public contact with waste, landfill gas and leachate; and

(3) prevent landfill gas explosions.

(b) The site design shall consider one or more proposed uses of the site toward which the operator will direct its efforts, or shall show development as open space, graded to harmonize with the setting and landscaped with native shrubbery or low maintenance ground cover.

(c) All proposed postclosure land uses, other than non-irrigated open space, on sites implementing closure or on closed sites shall be submitted to the EA, RWQCB, local air district and local land use agency. The EA shall review and approve proposed postclosure land uses if the project involves structures within 1,000 feet of the disposal area, structures on top of waste, modification of the low permeability layer, or irrigation over waste.

(d) Construction on the site shall maintain the integrity of the final cover, drainage and erosion control systems, and gas monitoring and control systems. The owner or operator shall demonstrate to the satisfaction of the EA that the activities will not pose a threat to public health and safety and the environment. Any proposed modification or replacement of the low permeability layer of the final cover shall begin upon approval by the EA, and the RWQCB.

(e) Construction of structural improvements on top of landfilled areas during the postclosure period shall meet the following conditions:

(1) automatic methane gas sensors, designed to trigger an audible alarm when methane concentrations are detected, shall be installed in all buildings;

(2) enclosed basement construction is prohibited;

(3) buildings shall be constructed to mitigate the effects of gas accumulation, which may include an active gas collection or passive vent systems;

(4) buildings and utilities shall be constructed to mitigate the effects of differential settlement. All utility connections shall be designed with flexible connections and utility collars;

(5) utilities shall not be installed in or below any low permeability layer of final cover;

(6) pilings shall not be installed in or through any bottom liner unless approved by the RWQCB;

(7) if pilings are installed in or through the low permeability layer of final cover, then the low permeability layer must be replaced or repaired; and

(8) periodic methane gas monitoring shall be conducted inside all buildings and underground utilities in accordance with section 20933 of Article 6, of Subchapter 4 of this Chapter.

(f) The EA may require that an additional soil layer or building pad be placed on the final cover prior to construction to protect the integrity and function of the various layers of final cover.

(g) All on site construction within 1,000 feet of the boundary of any disposal area shall be designed and constructed in accordance with the following, or in accordance with an equivalent design which will prevent gas migration into the building, unless an exemption has been issued:

(1) a geomembrane or equivalent system with low permeability to landfill gas shall be installed between the concrete floor slab of the building and subgrade;

(2) a permeable layer of open graded material of clean aggregate with a minimum thickness of 12 inches shall be installed between the geomembrane and the subgrade or slab;

(3) a geotextile filter shall be utilized to prevent the introduction of fines into the permeable layer;

(4) perforated venting pipes shall be installed within the permeable layer, and shall be designed to operate without clogging;

(5) the venting pipe shall be constructed with the ability to be connected to an induced draft exhaust system;

(6) automatic methane gas sensors shall be installed within the permeable gas layer, and inside the building to trigger an audible alarm when methane gas concentrations are detected; and

(7) periodic methane gas monitoring shall be conducted inside all buildings and underground utilities in accordance with Article 6, of Subchapter 4 of this chapter (section 20920 et seq.).

Note:

Authority cited: Sections 40502 and 43020, Public Resources Code; and Section 66796.22(d), Government Code.
Reference: Sections 43021, 43103 and 44105, Public Resources Code; and Section 66796.22(d), Government Code.


Section 21194. [Reserved by SWRCB]

[Reserved by SWRCB]


Section 21200. CalRecycle - Change of Ownership During Closure or Postclosure Maintenance.

(a) An owner or operator of a disposal site who plans to sell, transfer or convey the ownership or operation of the disposal site to a new owner or operator shall notify EA and CalRecycle 45 days prior to the anticipated transfer of title. This notification shall include the name(s), address(es) and phone number(s) of the new owner or operator.

(b) The new owner or operator shall submit the following to EA and CalRecycle as part of the notification under (a).

(1) Documentation of the financial assurance demonstrations of the new owner or operator, in compliance with the requirements of Articles 2 and 4 of Subchapter 2, Chapter 6 of this Title; and

(2) An affidavit from the new owner or operator stating that the new owner or operator has read the governing SWFP (if applicable), closure plan, and postclosure maintenance plan and will comply with all terms and conditions in the SWFP (if applicable), closure plan, and postclosure maintenance plan, and that all new information submitted is correct.

(c) The EA shall review the submitted information to determine if the new owner or operator has provided all required information to comply with the terms and conditions of the SWFP (if applicable), closure plan, and the postclosure maintenance plan. The EA shall also obtain written confirmation from CalRecycle that the new owner or operator has complied with the financial assurance requirements of Articles 2 and 4, Subchapter 2, Chapter 6.

(1) If the EA determines that the new owner or operator has complied with all requirements, the EA shall send written notification to the prior owner and operator, new owner and operator, RWQCB, and CalRecycle within 30 days of receipt of the notification of transfer of title. Within 15 days thereafter, the EA shall send the owner and operator a copy of a changed SWFP, if applicable.

(2) If the EA determines that the new owner or operator has not complied with all requirements, the EA shall send written notification of this determination to the prior owner and operator, new owner and operator, RWQCB, and CalRecycle within 30 days of receipt of the notification of transfer of title. The EA shall include the basis for this determination of inadequacy.

Note:

Authority cited: Sections 40502 and 43020, Public Resources Code.
Reference: Sections 43021, 43103 and 44005, Public Resources Code.


Article 3. SWRCB - Closure Standards for Units Other Than Landfills

Section 21400. SWRCB - Closure Requirements for Surface Impoundments. (C15: Section 2582)

(a) Remove Free Liquids — All free liquid remaining in a surface impoundment at the time of closure shall be removed and discharged at an approved waste management unit (Unit). All residual liquid shall be treated to eliminate free liquid.

(b) Options — Following removal and treatment of liquid waste, impoundments shall be closed in one of two ways, as approved by the RWQCB.

(1) Mandatory Clean-Closure Attempt — Unless the discharger demonstrates, and the RWQCB finds, that it is infeasible to attempt clean-closure of the impoundment, then all residual wastes, including sludges, precipitates, settled solids, and liner materials contaminated by wastes, shall be completely removed from the impoundment and discharged to an approved Unit. Remaining containment features shall be inspected for contamination and, if not contaminated, can be dismantled. Any natural geologic materials beneath or adjacent to the closed impoundment that have been contaminated shall be removed for disposal at an appropriate Unit. For surface impoundments that are successfully clean-closed, as herein described, the RWQCB shall declare the Unit no longer subject to the SWRCB-promulgated requirements of this title. If, after reasonable attempts to remove such contaminated materials, the discharger demonstrates that removal of all remaining contamination is infeasible, the surface impoundment shall be closed as a landfill or land treatment unit, as appropriate, pursuant to (b)(2).

(2) Fallback Closure Options — In cases where clean-closure [under (b)(1)] is infeasible, the discharger shall propose for RWQCB approval either:

(A) Closure As a Landfill — that all residual wastes, including sludges, precipitates, settled solids, and liner materials, shall be compacted, and the Unit shall be closed as a landfill pursuant to section 21090, provided that the closed Unit meets applicable standards for landfill Units in Articles 3 and 4 of Subchapter 2, Chapter 3, Subdivision 1 of this division (section 20240 et seq.), and further provided that the moisture content of residual wastes, including sludges, does not exceed the moisture holding capacity of the waste either before or after closure; or

(B) Closure As an LTU — for surface impoundments which contain only decomposable wastes at closure, that the Unit be closed as a land treatment unit under section 21420(a)(2 - 4).

Note:

Authority cited: Section 1058, Water Code..
Reference: Section 13172, Water Code; Section 43103, Public Resources Code.


Section 21410. SWRCB - Closure Requirements for Waste Piles. (C15: Section 2583)

(a) Options — Waste piles shall be closed in one of two ways, as approved by the RWQCB.

(1) Mandatory Clean-Closure Attempt — Unless the discharger demonstrates, and the RWQCB finds, that it is infeasible to attempt clean-closure of the waste pile, then all waste materials and any components of the containment system which are contaminated by wastes shall be removed from the waste pile and discharged to an appropriate Unit. Remaining containment features shall be inspected for contamination and, if not contaminated, can be dismantled. Any soil or other materials beneath the closed waste pile that have been contaminated shall be removed for disposal at an appropriate Unit. If, after reasonable attempts to achieve clean-closure (as herein described), the discharger demonstrates that removal of all remaining contamination is infeasible, then the remaining portions of the waste pile (including all contaminated portions of the underlying and surrounding geologic materials) shall be closed as a landfill pursuant to (a)(2) and section 21090.

(2) Fallback Options — In cases where clean-closure [under (a)(1)] is infeasible, the discharger shall propose for RWQCB approval either of the following options, as appropriate.

(A) Closure As a Landfill — A waste pile can be compacted, covered, and closed as a landfill 21090, provided that the discharger has met the requirements of (a)(1), and further provided that the closed Unit either meets applicable standards for landfill Units in Articles 3 and 4 of Subchapter 2, Chapter 3, Subdivision 1 of this division (section 20240 et seq.), or contains only dry waste and was not required to have a leachate collection and removal system under section 20340(a).

(B) Closure As an LTU — Waste piles which contain only decomposable wastes may be closed as a land treatment unit under section 21420(a)(2 - 4).

Note:

Authority cited: Section 1058, Water Code..
Reference: Section 13172, Water Code; Section 43103, Public Resources Code.


Section 21420. SWRCB - Closure Requirements for Land Treatment Units (LTUs). (C15: Section 2584)

(a) During the closure and post closure period, the discharger shall:

(1) continue all operations necessary to maximize degradation, transformation, or immobilization of waste constituents within the treatment zone;

(2) continue all ground water and unsaturated zone monitoring in compliance with Article 1, Subchapter 3, Chapter 3, Subdivision 1 of this division (section 20380 et seq);

(3) continue all operations in the treatment zone to prevent runoff of waste constituents; and

(4) maintain the precipitation and drainage control systems.

Note:

Authority cited: Section 1058, Water Code..
Reference: Section 13172, Water Code; Section 43103, Public Resources Code.


Article 4. Standards for Composting Facilities [Reserved]

21430. CIWMB - Compost Facility Closure Requirements. [Reserved]

CIWMB - Compost Facility Closure Requirements. [Reserved]

Title 27 Home

Last updated: CalRecycle regulations are updated continuously as changes are made and approved by the Office of Administrative Law.
Regulations http://www.calrecycle.ca.gov/Laws/Regulations/
Legal Office: LegalSec@CalRecycle.ca.gov (916) 327-0089