(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 373-3.11(f) and 373-3.12(g) of this Subpart;

(iii) tank systems that are required under section 373-3.10(h) of this Subpart to meet the requirements for landfills; and

(iv) start containment buildings that are required under section 373-3.30(c) of this Subpart to meet the requirement for landfills;

(i) a 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) are likely to have contributed to the release; and

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

(i) By May 19, 1981, or by six months after the effective date of the rule that first subjects a facility to provisions of this section, the owner or operator of a hazardous waste management facility must have a written closure plan. Until final closure is completed and certified in accordance with paragraph (f)(1) of this section, a copy of the most current plan must be furnished to the commissioner upon request, including request by mail. In addition, for facilities without approved plans, it must also be provided during site inspections, on the day of inspection, to any officer, employee or representative of the department who is duly designated by the commissioner.

(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 and 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 partial and final closure periods 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 landfill 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) an estimate of the expected year of final closure for facilities that use trust funds to demonstrate financial assurance under section 373-3.8(d) or (f) of this Subpart and whose remaining operating life is less than 20 years, and for facilities without approved closure plans; and

(viii) for facilities where the department has applied alternative requirements at a regulated unit under sections 373-3.6(a)(6), and/or 373-3.8(a)(4) of this Subpart and/or paragraph (a)(4) 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 must amend the closure plan whenever:

(ii) The owner or operator must amend the closure plan 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 an unexpected event occurs during the partial or final closure period, the owner or operator must amend the closure plan no later than 30 days after the unexpected event. These provisions also apply to owners or operators of surface impoundments or waste piles who intend to remove all hazardous waste at closure but are required to close as landfills in accordance with section 373-3.14(d) of this Subpart.

(iii) An owner or operator with an approved closure plan must submit the modified plan to the commissioner at least 60 days prior to the proposed change in facility design or operation, or no more than 60 days after an unexpected event has occurred which has affected the closure plan. If an unexpected event has occurred during the partial or final closure period, the owner or operator must submit the modified plan no more than 30 days after the unexpected event. These provisions also apply to owners or operators of surface impoundments and waste piles who intended to remove all hazardous waste at closure but are required to close as landfills in accordance with section 373-3.14(d) of this Subpart. If the amendment to the plan is a major modification according to the criteria in Subpart 373-1 of this Part, the modification to the plan will be approved according to the procedures in paragraph (4) of this subdivision.

(iv) The commissioner may request modifications to the plan under the conditions described in subparagraph (i) of this paragraph. An owner or operator with an approved closure plan must submit the modified plan within 60 days of the commissioner's request, or within 30 days if the unexpected event occurs during partial or final closure. If the amendment is considered a major modification according to the criteria in Subpart 373-1 of this part, the modification to the plan will be approved in accordance with the procedures in paragraph (4) of this subdivision.

(i) The owner or operator must submit the closure plan to the commissioner at least 180 days prior to the date on which the owner or operator expects to begin closure of the first surface impoundment, waste pile, land treatment or landfill unit, or final closure if it involves such a unit, whichever is earlier. The owner or operator must submit the closure plan to the commissioner at least 45 days prior to the date on which the owner or operator expects to begin partial or final closure of a boiler or industrial furnace. The owner or operator must submit the closure plan to the commissioner at least 45 days prior to the date on which the owner or operator expects to begin final closure of a facility with only tanks, container storage, or incinerator units. Owners or operators with approved closure plans must notify the commissioner in writing at least 60 days prior to the date on which the owner or operator expects to begin closure of a surface impoundment, waste pile, landfill, or land treatment unit, or final closure of a facility involving such a unit. Owners and operators with approved closure plans must notify the commissioner in writing at least 45 days prior to the date on which the owner or operator expects to begin partial or final closure of a boiler or industrial furnace. Owners or operators with approved closure plans must notify the commissioner in writing at least 45 days prior to the date on which the owner or operator expects to begin final closure of a facility with only tanks, container storage, or incinerator units.

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

(iii) The owner or operator must submit the closure plan to the commissioner no later than 15 days after:

(iv) The commissioner will provide the owner or operator and the public, through a newspaper notice, the opportunity to submit written comments on the plan and request modifications of the plan within 30 days of the date of the notice. The commissioner will also, in response to a request or at his or her own discretion, hold a public hearing whenever such a hearing might clarify one or more issues concerning a closure plan. The commissioner will give public notice of the hearing at least 30 days before it occurs. (Public notice of the hearing may be given at the same time as notice of the opportunity for the public to submit written comments, and the two notices may be combined.) The commissioner will approve, modify or disapprove the plan within 90 days of its receipt. If the commissioner does not approve the plan, the owner or operator shall be provided with a detailed written statement of the reasons for refusal, and the owner or operator must modify the plan or submit a new plan for approval within 30 days after receiving such written statement. The commissioner will approve or modify this plan in writing within 60 days. If the commissioner modifies the plan, this modified plan becomes the approved closure plan. The commissioner must assure that the approved closure plan is consistent with subdivisions (b)-(f) of this section and the applicable requirements of sections 373-3.6, 373-3.10(h), 373-3.11(f), 373-3.12(g), 373-3.13(g), 373-3.14(d), 373-3.15(e), 373-3.16(e), 373-3.17(e) and 373-3.30(c) of this Subpart. A copy of this modified plan with a detailed statement of reasons for the modifications must be mailed to the owner or operator.

(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 interim status 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 interim status requirements.

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

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

(i) the owner or operator submits an amended Part 373 application, or a Part 373 application, if not previously required, and demonstrates that:

(ii) the Part 373 application includes an amended waste analysis plan, groundwater 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 Part 373 application is amended, as necessary and appropriate, to account for the receipt of nonhazardous wastes following receipt of the final volume of hazardous wastes; and

(iv) the Part 373 application and the demonstrations referred to in subparagraphs (i) and (ii) of this paragraph are submitted to the commissioner no later than 180 days prior to the date on which the owner or operator of the facility receives the known final volume of hazardous wastes, or no later than 90 days after the effective date of this rule in New York State, whichever is later.

(i) submit with the Part 373 application:

(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) in hazardous constituents over background levels is detected in accordance with the requirements in section 373-3.6 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 commissioner 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 background levels; and

(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 comissioner shall:

(ii) Any time preceding closure of a hazardous waste management unit subject to post-closure care requirements or final closure, or any time during the post-closure period for a particular hazardous waste disposal unit, the commissioner may:

(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 373-3.6, 373-3.11, 373-3.12, 373-3.13 and 373-3.14 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;

(iv) for facilities subject to subdivision (k) of this section, provisions that satisfy the requirements of subparagraphs (k)(1)(i) and (iii) of this section; and

(v) for facilities where the department has applied alternative requirements at a regulated unit under sections 373-3.6(a)(6), and/or 373-3.8(a)(4) of this Subpart and/or paragraph (a)(4) 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 must amend the post-closure plan whenever:

(ii) The owner or operator must amend the post-closure plan 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.

(iii) An owner or operator with an approved post-closure plan must submit the modified plan to the commissioner 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. If an owner or operator of a surface impoundment or waste pile who intended to remove all hazardous waste at closure in accordance with sections 373-3.11(f) and 373-3.12(g) of this Subpart is required to close as a landfill in accordance with section 373-3.14(d), the owner or operator must submit a post-closure plan to the commissioner within 90 days of the determination by the owner or operator or commissioner that the unit must be closed as a landfill. If the amendment to the post-closure plan is a major modification according to the criteria in Subpart 373-1 of this Part, the modification to the plan will be approved according to the procedures in paragraph (6) of this subdivision and Part 621 of this Title.

(iv) The commissioner may request modifications to the plan under the conditions described in subparagraph (i) of this paragraph. An owner or operator with an approved post- closure plan must submit the modified plan no later than 60 days after the commissioner's request. If the amendment to the plan is considered a major modification according to the criteria in Subpart 373-1 of this Part, the modifications to the post-closure plan will be approved in accordance with the procedures in paragraph (6) of this subdivision. If the commissioner determines that an owner or operator of a surface impoundment or waste pile who intended to remove all hazardous wastes at closure must close the facility as a landfill, the owner or operator must submit a post-closure plan for approval to the commissioner within 90 days of the determination.

(i) termination of interim status (except when a permit is issued to the facility simultaneously with termination of interim status); or

(ii) issuance of a judicial decree or final orders under article 71 of ECL to cease receiving wastes or close.

(i) The owner or operator or any member of the public may petition the commissioner to extend or reduce the post-closure care period applicable to a hazardous waste management unit or facility based on cause, or alter the requirements of the post-closure care period based on cause.

(ii) The commissioner may tentatively decide to modify the post-closure plan if the commissioner deems it necessary to prevent threats to human health and the environment. The commissioner may propose to extend or reduce the post-closure care period applicable to a hazardous waste management unit or facility based on cause, or alter the requirements of the post-closure care period based on cause.

(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 made, 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.

(i) the requirements to submit information about the facility in section 373-1.5(o) of this Part;

(ii) the requirements for facility-wide corrective action in section 373-2.6(l) of this Part;

(iii) the requirements of section 373-2.6(b) through (k) of this Part.

(ii) If the department determines that even a short delay in the implementation of a remedy would adversely affect human health or the environment, the department may delay compliance with the requirements of subparagraph (i) of this paragraph and implement the remedy immediately. However, the department must assure involvement of the public at the earliest opportunity, and, in all cases, upon making the decision that additional remedial action is not needed at the facility.

(iii) The department may allow a remediation initiated prior to October 22, 1998 to substitute for corrective action required under a post-closure permit even if the public involvement requirements of subparagraph (i) of this paragraph have not been met so long as the department assures that notice and comment on the decision that no further remediation is necesssary to protect human health and the environment takes place at the earliest reasonable opportunity after October 22, 1998.