Section 845.720  Closure Plan

a)         Preliminary Written Closure Plan

1)         Content of the Preliminary Closure Plan.  The owner or operator of a new CCR surface impoundment or an existing CCR surface impoundment not required to close under Section 845.700 must prepare a preliminary written closure plan that describes the steps necessary to close the CCR surface impoundment at any point during the active life of the CCR surface impoundment consistent with recognized and generally accepted engineering practices.  The preliminary written closure plan must include, at a minimum, the following:

A)        A narrative description of how the CCR surface impoundment will be closed in accordance with this Part.

B)        If closure of the CCR surface impoundment will be accomplished through removal of CCR from the CCR surface impoundment, a description of the procedures to remove the CCR and decontaminate the CCR surface impoundment in accordance with Section 845.740.

C)        If closure of the CCR surface impoundment will be accomplished by leaving CCR in place, a description of the final cover system, designed in accordance with Section 845.750, and the methods and procedures to be used to install the final cover.  The closure plan must also discuss how the final cover system will achieve the performance standards specified in Section 845.750.

D)        An estimate of the maximum inventory of CCR ever on-site over the active life of the CCR surface impoundment.

E)        An estimate of the largest area of the CCR surface impoundment ever requiring a final cover (see Section 845.750), at any time during the CCR surface impoundment's active life.

F)         A schedule for completing all activities necessary to satisfy the closure criteria in this Section, including an estimate of the year in which all closure activities for the CCR surface impoundment will be completed.  The schedule should provide sufficient information to describe the sequential steps that will be taken to close the CCR surface impoundment, including identification of major milestones such as coordinating with and obtaining necessary approvals and permits from other agencies, the dewatering and stabilization phases of CCR surface impoundment closure, or installation of the final cover system, and the estimated timeframes to complete each step or phase of CCR surface impoundment closure.  When preparing the preliminary written closure plan, if the owner or operator of a CCR surface impoundment estimates that the time required to complete closure will exceed the timeframes specified in Section 845.760(a), the preliminary written closure plan must include the site-specific information, factors and considerations that would support any time extension sought under Section 845.760(b).

2)         The owner or operator of the CCR surface impoundment must submit the preliminary written closure plan to the Agency with its initial operating permit application.  The owner or operator of the CCR surface impoundment must submit the most recently amended preliminary closure plan to the Agency with each operating permit renewal application. The owner or operator must place preliminary and amended preliminary written closure plans in the facility's operating record as required by Section 845.800(d)(20).

3)         Amendment of a Preliminary Written Closure Plan

A)        The owner or operator may amend the preliminary written closure plan at any time.

B)        The owner or operator must amend the preliminary written closure plan whenever:

i)          There is a change in the operation of the CCR surface impoundment that would substantially affect the written closure plan in effect; or

ii)         Before closure activities have started, unanticipated events necessitate a revision of the written closure plan.

C)        The owner or operator must amend the closure plan at least 60 days before a planned change in the operation of the facility or CCR surface impoundment, or within 60 days after an unanticipated event requires the need to revise an existing written closure plan.

4)         The owner or operator of the CCR surface impoundment must obtain and submit with its initial and renewal operating permit applications a written certification from a qualified professional engineer that the initial and any amendment of the preliminary written closure plan meets the requirements of this Part.

b)         Final Closure Plan

1)         The owner or operator of a CCR surface impoundment must submit to the Agency, as a part of a construction permit application for closure, a final closure plan.  The plan must be submitted before the installation of a final cover system or removal of CCR from the surface impoundment for the purpose of closure.

2)         Except as otherwise provided in Section 22.59 of the Act, the owner or operator of a CCR surface impoundment must not close a CCR surface impoundment without a construction permit issued under this Part.

3)         The final closure plan must identify the proposed selected closure method and must include the information required in subsection (a)(1) and the closure alternatives analysis specified in Section 845.710.

4)         If a final written closure plan revision is necessary after closure activities have started for a CCR surface impoundment, the owner or operator must submit a request to modify the construction permit within 60 days following the triggering event.

5)         The owner or operator of the CCR surface impoundment must obtain and submit with its construction permit application for closure a written certification from a qualified professional engineer that the final written closure plan meets the requirements of this Part.