Section 845.760 Completion of Closure Activities

a) Except as provided for in subsection (b), the owner or operator must complete closure of existing and new CCR surface impoundments, and any lateral expansion of a CCR surface impoundment, within the timeframe approved by the Agency in the final closure plan, or within five years of obtaining a construction permit for closure, whichever is less.

1) The timeframes for completing closure of a CCR surface impoundment specified under subsection (a) may be extended if the owner or operator has demonstrated to the Agency that it was not feasible to complete closure of the CCR surface impoundment within the required timeframes due to factors beyond the facility's control.

2) The demonstration must include a narrative explaining the basis for additional time.

3) The owner or operator must submit the demonstration to the Agency with a renewal construction permit application for closure.

4) Factors that may support a demonstration include:

A) Complications stemming from the climate and weather, such as unusual amounts of precipitation or a significantly shortened construction season;

B) Time required to dewater a surface impoundment due to the volume of CCR contained in the CCR surface impoundment or the characteristics of the CCR in the surface impoundment;

C) Statement that the geology and terrain surrounding the CCR surface impoundment will affect the amount of material needed to close the CCR surface impoundment; or

D) Time required or delays caused by the need to coordinate with and obtain necessary approvals and permits from the Agency or other agencies.

c) Maximum Time Extensions

1) CCR surface impoundments of 40 acres or smaller that are not closing by removal may extend the time to complete closure by no longer than two years.

2) CCR surface impoundments larger than 40 acres that are not closing by removal may extend the timeframe to complete closure of the CCR surface impoundment multiple times, in two-year increments. For each two-year extension sought, the owner or operator must substantiate the factual circumstances demonstrating the need for the extension. No more than a total of five two-year extensions may be obtained for any CCR surface impoundment.

3) CCR surface impoundments that are closing by removal may extend the time to complete closure multiple times, in two-year increments. For each two-year extension sought, the owner or operator must substantiate the factual circumstances demonstrating the need for the extension. In no instance may the time allowed for closure by removal be extended beyond the completion of a groundwater corrective action as required by Section 845.680(c)(1).

d) In order to obtain an additional time extension to complete closure of a CCR surface impoundment beyond the times provided by subsection (a), the owner or operator of the CCR surface impoundment must include with the demonstration required by subsection (b) the following statement signed by the owner or operator or an authorized representative:

I certify under penalty of law that I have personally examined and am familiar with the information submitted in this demonstration and all attached documents, and that, based on my inquiry of those individuals immediately responsible for obtaining the information, I believe that the submitted information is true, accurate, and complete. I am aware that there are significant penalties for submitting false information, including the possibility of fine and imprisonment.

e) Upon completion of all closure activities required by this Part and approved in the final closure plan, the owner or operator of the CCR surface impoundment must submit to the Agency a closure report and a closure certification.

1) The closure report must contain supporting documentation, including:

A) Engineering and hydrogeology reports, including monitoring well completion reports and boring logs, all CQA reports, certifications, and designations of CQA officers-in-absentia required by Section 845.290;

B) Photographs, including time, date and location information of the photographs, of the final cover system and groundwater collection system, if applicable, and any other photographs relied upon to document construction activities;

C) A written summary of closure requirements and completed activities as stated in the closure plan and this Part; and

D) Any other information relied upon by the qualified professional engineer in making the closure certification.

2) The closure certification must include a statement from a qualified professional engineer that closure has been completed in accordance with the Agency-approved final closure plan and the requirements of this Section.

3) The owner or operator must place the closure report and certification in the facility's operating record as required by Section 845.800(d)(24).

f) Within 30 days after the Agency's approval of the closure report and closure certification submitted under subsection (e), the owner or operator must prepare a notification of closure of the CCR surface impoundment. The notification must include the certification by a qualified professional engineer required by subsection (e)(2). The owner or operator must place the notification in the facility's operating record as required by Section 845.800(d)(25).

g) If an owner or operator of a CCR surface impoundment has completed closure of the CCR surface impoundment before April 21, 2021, the owner or operator must notify the Agency of the completed closure by September 30, 2021, if that notification has not previously been submitted.

h) Deed Notations

1) Following closure of a CCR surface impoundment, the owner or operator must record a notation on the deed to the property, or some other instrument that is normally examined during title search.

2) The notation on the deed must in perpetuity notify any potential purchaser of the property that:

A) The land has been used as a CCR surface impoundment; and

B) Its use is restricted under the post-closure care requirements as provided by Section 845.780(d)(1)(C) or groundwater monitoring requirements in Section 845.740(b).

3) Within 30 days after recording a notation on the deed to the property, the owner or operator must submit to the Agency a notification stating that the notation has been recorded. The owner or operator must place the notification in the facility's operating record as required by 845.800(d)(26).