(i) all hazardous waste disposal facilities;

(ii) waste piles, and surface impoundments from which the owner or operator intends to remove the wastes at closure to the extent that these sections are made applicable to such facilities in sections 373-2.11(f) and 373-2.12(h) of this Subpart;

(iii) tank systems that are required under section 373-2.10(h) of this Subpart to meet the requirements for landfills; and

(iv) containment buildings that are required under section 373-2.30(c) of this Subpart to meet the requirements for landfills.

(i) the regulated unit is situated among solid waste management units (or areas of concern), a release has occurred, and both the regulated unit and one or more solid waste management unit(s) (or areas of concern) ae likely to have contributed to the release; and

(ii) it is not necessary to apply the closure requirements of this section (and those referenced herein) because the alternative requirements will protect human health and the environment and will satisfy the closure performance standard of paragraph (b)(1) and (2) of this section.

(i) The owner or operator of a hazardous waste management facility must have a written closure plan. In addition, certain surface impoundments and waste piles from which the owner or operator intends to remove or decontaminate the hazardous waste at partial or final closure are required by sections 373-2.11(f) and 373-2.12(h) of this Subpart to have contingent closure plans. The plan must be submitted with the permit application, in accordance with section 373-1.5(a)(2)(xiii) of this Part, and approved by the commissioner as part of the permit issuance procedures under Part 621 of this Title. In accordance with section 373-1.6(c) of this Part, the approved closure plan will become a condition of any Part 373 permit.

(ii) The commissioner's approval of the plan must ensure that the approved closure plan is consistent with subdivisions (b) through (f) of this section and the applicable requirements of sections 373-2.6, 373-2.9(i), 373-2.10(h). 373-2.11(f), 373-2.12(h), 373-2.13(h), 373-2.14(g), 373-2.15(h), 373-2.24(b) and 373-2.30(c) of this Subpart. Until final closure is completed and certified in accordance with paragraph (f)(1) of this section, a copy of the approved plan and all approved revisions must be furnished to the commissioner upon request, including requests by mail.

(i) a description of how each hazardous waste management unit at the facility will be closed in accordance with subdivision (b) of this section;

(ii) a description of how final closure of the facility will be conducted in accordance with subdivision (b) of this section. The description must identify the maximum extent of the operations which will be unclosed during the active life of the facility;

(iii) an estimate of the maximum inventory of hazardous wastes ever onsite over the active life of the facility, and a detailed description of the methods to be used during partial closures and final closure, including but not limited to methods for removing, transporting, treating, storing or disposing of all hazardous wastes, and identification of the types of the offsite hazardous waste management units to be used, if applicable;

(iv) a detailed description of the steps needed to remove or decontaminate all hazardous waste residues and contaminated containment system components, equipment, structures and soils during partial and final closure, including but not limited to procedures for cleaning equipment and removing contaminated soils, methods for sampling and testing surrounding soils, and criteria for determining the extent of decontamination required to satisfy the closure performance standard;

(v) a detailed description of other activities necessary during the closure period to ensure that all partial closures and final closure satisfy the closure performance standards, including but not limited to groundwater monitoring, leachate collection, and run-on and runoff control;

(vi) a schedule for closure of each hazardous waste management unit and for final closure of the facility. The schedule must include, at a minimum, the total time required to close each hazardous waste management unit and the time required for intervening closure activities which will allow tracking of the progress of partial and final closure (for example, in the case of a landfall unit, estimates of the time required to treat or dispose of all hazardous waste inventory and of the time required to place a final cover must be included);

(vii) for facilities that use trust funds to establish financial assurance under section 373-2.8(d) or (f) of this Subpart and that are expected to close prior to the expiration of the permit, an estimate of the expected year of final closure; and

(viii) for facilities where the department has applied alternative requirements at a regulated unit under sections 373-2.6(a)(6) and/or 373-2.8(a)(4) of this Subpart and/or paragraph (a)(3) of this section, either the alternative requirements applying to the regulated unit, or a reference to the enforceable document containing those alternative requirements.

(i) The owner or operator may submit a written request to the commissioner for a permit modification to amend the closure plan at any time prior to the notification of partial or final closure of the facility.

(ii) The owner or operator must submit a written request for a permit modification to authorize a change in the approved closure plan whenever:

(iii) The owner or operator must submit a written request for a permit modification, including a copy of the amended closure plan for approval at least 60 days prior to the proposed change in facility design or operation, or no later than 60 days after an unexpected event has occurred which has affected the closure plan. If a unexpected event occurs during the partial or final closure period, the owner or operator must request a permit modification no later than 30 days after the unexpected event. An owner or operator of a surface impoundment or waste pile who intends to remove all hazardous waste at closure and is not otherwise required to prepare a contingent closure plan under section 373-2.11(f) or 373-2.12(h) of this Subpart must submit an amended closure plan to the commissioner no later than 60 days from the date that the owner or operator or commissioner determines that the hazardous waste management unit must be closed as a landfill subject to the requirements of section 373-2.14(g) of this Subpart, or no later than 30 days from that date if the determination is made during partial or final closure. The commissioner will approve, disapprove or modify this amended plan in accordance with the procedures in Subpart 373-1 of this Part and Part 621 of this Title. In accordance with section 373-1.6 of this Part, the approved closure plan will become a condition of any Part 373 permit issued.

(iv) The commissioner may request modifications to the plan under the conditions described in subparagraph (ii) of this paragraph. The owner or operator must submit the modified plan within 60 days of the commissioner's request, or within 30 days if the change in facility conditions occurs during partial or final closure. Any modifications requested by the commissioner will be approved in accordance with the procedures in Subpart 373-1 of this Part and Part 621 of this Title.

(i) The owner or operator must notify the department in writing at least 60 days prior to the date on which he expects to begin closure of a surface impoundment, waste pile, land treatment or landfill unit, or final closure of a facility with such a unit. The owner or operator must notify the department in writing at least 45 days prior to the date on which he expects to begin final closure of a facility with only treatment or storage tanks, container storage, or incinerator units to be closed. The owner or operator must notify the department in writing at least 45 days prior to the date on which he expects to begin partial or final closure of a boiler or industrial furnace, whichever is earlier.

(ii) The date when the owner or operator "expects to begin closure" must be either:

(iii) If the facility's permit is terminated, or if the facility is otherwise ordered, by judicial decree or final order under article 71 of ECL, to cease receiving hazardous wastes or to close, then the requirements of this paragraph do not apply. However, the owner or operator must close the facility in accordance with the deadlines established in subdivision (d) of this section.

(i)

(ii) the owner or operator has taken and will continue to take all steps to prevent threats to human health and the environment, including compliance with all applicable permit requirements.

(i)

(ii) the owner or operator has taken and will continue to take all steps to prevent threats to human health and the environment from the unclosed but not operating hazardous waste management unit or facility, including compliance with all applicable permit requirements.

(i) the demonstrations in subparagraph (1)(i) of this subdivision must be made at least 30 days prior to the expiration of the 90-day period in subparagraph (1)(i) of this subdivision; and

(ii) the demonstration in subparagraph (2)(i) of this subdivision must be made at least 30 days prior to the expiration of the 180-day period in paragraph (2) of this subdivision, unless the owner or operator is otherwise subject to the deadlines in paragraph (4) of this subdivision.

(i) the owner or operator requests a permit modification in compliance with all applicable requirements in Subpart 373-1 and Part 621 of this Title and in the permit modification request demonstrates that:

(ii) the request to modify the permit includes an amended waste analysis plan, ground- water monitoring and response program, human exposure assessment required under section 373-1.5(d) and (h) of this Part, and closure and post-closure plans, and updated cost estimates and demonstrations of financial assurance for closure and post-closure care as necessary and appropriate, to reflect any changes due to the presence of hazardous constituents in the nonhazardous wastes, and changes in closure activities, including the expected year of closure if applicable under subparagraph (c)(2)(vii) of this section, as a result of the receipt of nonhazardous wastes following the final receipt of hazardous wastes; and

(iii) the request to modify the permit includes revisions, as necessary and appropriate, to affected conditions of the permit to account for the receipt of non-hazardous wastes following receipt of the final volume of hazardous wastes; and

(iv) the request to modify the permit and the demonstrations referred to in subparagraphs (i) and (ii) of this paragraph are submitted to the commissioner no later than 120 days prior to the date on which the owner or operator of the facility receives the known final volume of hazardous wastes at the unit, or no later than 90 days after the effective date of this rule, whichever is later.

(i) Submit with the request to modify the permit:

(ii) Remove all hazardous wastes from the unit by removing all hazardous liquids, and removing all hazardous sludges to the extent practicable without impairing the integrity of the liner(s), if any.

(iii) Removal of hazardous wastes must be completed no later than 90 days after the final receipt of hazardous wastes. The commissioner may approve an extension to this deadline if the owner or operator demonstrates that the removal of hazardous wastes will, of necessity, take longer than the allotted period to complete and that an extension will not pose a threat to human health and the environment.

(iv) If a release that is a statistically significant increase (or decrease in the case of pH) over background values for detection monitoring parameters or constituents specified in the permit or that exceeds the facility's groundwater protection standard at the point of compliance, if applicable, is detected in accordance with the requirements in section 373-2.6 of this Subpart, the owner or operator of the unit:

(v) During the period of corrective action, the owner or operator shall provide annual reports to the department describing the progress of the corrective action program, compile all groundwater monitoring data, and evaluate the effect of the continued receipt of nonhazardous wastes on the effectiveness of the corrective action. The department may require the owner or operator to report semi-annually as needed to evaluate the progress of the corrective action program.

(vi) The commissioner may require the owner or operator to commence closure of the unit if the owner or operator fails to implement corrective action measures in accordance with the approved contingent corrective measures plan within one year as required in subparagraph (iv) of this paragraph, or fails to make substantial progress in implementing corrective action and achieving the facility's groundwater protection standard or background levels if the facility has not yet established a ground-water protection standard.

(vii) If the owner or operator fails to implement corrective measures as required in subparagraph (iv) of this paragraph, or if the commissioner determines that substantial progress has not been made pursuant to subparagraph (vi) of this paragraph, the commissioner shall:

(ii) Any time preceding partial closure of a hazardous waste management unit subject to post-closure care requirements or final closure, or at any time during the post-closure period for a particular unit, the commissioner may, in accordance with the permit modification procedures in Subpart 373-1 of this Part and Part 621 of this Title:

(i) hazardous wastes may remain exposed after completion of partial or final closure; or

(ii) access by the public or domestic livestock may pose a hazard to human health.

(i) is necessary to the proposed use of the property, and will not increase the potential hazard to human health or the environment; or

(ii) is necessary to reduce a threat to human health or the environment.

(i) a description of the planned monitoring activities and frequencies at which they will be performed to comply with sections 373-2.6, 373-2.11, 373-2.12, 373-2.13, 373-2.14 and 373-2.24 of this Subpart during the post-closure care period;

(ii) a description of the planned maintenance activities, and frequencies at which they will be performed, to ensure:

(iii) the name, address and phone number of the person or office to contact about the hazardous waste disposal unit or facility during the post-closure care period; and

(iv) for facilities where the department has applied alternative requirements at a regulated unit under sections 373-2.6(a)(6) and/or 373-2.8(a)(4) of this Subpart and/or paragraph (a)(3) of this section, either the alternative requirements that apply to the regulated unit, or a reference to the enforceable document containing those requirements.

(i) The owner or operator may submit a written request to the commissioner for a permit modification to amend the post-closure plan at any time during the active life of the facility or during the post-closure care period.

(ii) The owner or operator must submit a written request for a permit modification to authorize a change in the approved post-closure plan whenever:

(iii) The owner or operator must submit a written request for a permit modification at least 60 days prior to the proposed change in facility design or operation, or no later than 60 days after an unexpected event has occurred which has affected the post-closure plan. An owner or operator of a surface impoundment or waste pile that intends to remove all hazardous waste at closure and is not otherwise required to submit a contingent post-closure plan under sections 373-2.11(f) and 373-2.12(h) of this Subpart must submit a post-closure plan to the commissioner no later than 90 days after the date that the owner or operator or commissioner determines that the hazardous waste management unit must be closed as a landfill, subject to the requirements of section 373-2.14(g) of this Subpart. The commissioner will approve, disapprove or modify this plan in accordance with the procedures in Subpart 373-1 of this Part and Part 621 of this Title. In accordance with section 373-1.6 of this Part, the approved post-closure plan will become a permit condition.

(iv) The commissioner may request modifications to the plan under the conditions described in subparagraph (ii) of this paragraph. The owner or operator must submit the modified plan no later than 60 days after the commissioner's request, or no later than 90 days if the unit is a surface impoundment or waste pile not previously required to prepare a contingent post-closure plan. Any modifications requested by the commissioner will be approved, disapproved or modified in accordance with the procedures in Subpart 373-1 of this Part and Part 621 of this Title.

(i) record with the county clerk in the county in which the facility is located a notation on the deed to the facility property—or on some other instrument which is normally examined during title search—that will in perpetuity notify any potential purchaser of the property that:

(ii) submit a certification, signed by the owner or operator, that the notation specified in subparagraph (i) of this paragraph has been recorded, including a copy of the document in which the notation has been placed, to the commissioner.

(i) the removal of the notation on the deed to the facility property or other instrument normally examined during title search; or

(ii) the addition of a notation to the deed or instrument indicating the removal of the hazardous waste.