TITLE 39

HEALTH AND SAFETY

CHAPTER 74

IDAHO SOLID WASTE FACILITIES ACT

39-7416.  Standards for closure. (1) These standards apply to all MSWLF units that receive wastes on or after October 9, 1993, except as provided by 40 CFR 258. MSWLF units that accept waste after October 9, 1991, but cease to accept waste prior to October 9, 1993, shall, at a minimum, comply with subsections (2)(a) and (3) of this section in addition to the "sanitary landfill closure guidance" criteria as adopted by the technical guidance committee on June 8, 1990.

(2)  Owners or operators of MSWLF units shall install one (1) of the following final cover systems:

(a)  A cover as provided in 40 CFR 258.60(a) or (b); or

(b)  A cover that has a fine-grained cover material with intrinsic permeability no greater than 1 X 10-3 cm/sec and a minimum thickness of twenty-four (24) inches and:

(i)   There is a capillary holding capacity greater than the projected maximum accumulated volume of water as determined by utilization of accepted water balance methodology based on local or regional twenty-five (25) year climatic records;

(ii)  Annual precipitation is less than twenty-five (25) inches with net evaporative losses greater than thirty (30) inches annually;

(iii) The top six (6) inches of the cover shall be capable of sustaining shallow rooted native plant growth; and

(iv)  The design demonstrates consideration of site specific factors as provided in 40 CFR 258.60(b).

(3)  The final grade of slopes shall be greater than two percent (2%) unless otherwise supported by the post-closure plan and uses approved by the department, and the grade of side slopes not more than thirty-three percent (33%).

(4)  Closure plan preparation, placement in operating record, notice of intent to close, time requirements for commencement and completion of closure activities, certification, recordation of an environmental covenant, and removal of an environmental covenant shall be conducted as provided in 40 CFR 258.60(c) through (j), inclusive. The recordation and removal of an environmental covenant shall comply with the uniform environmental covenants act, chapter 30, title 55, Idaho Code.

(5)  After completion and certification of an MSWLF closure, the owner or operator shall record an environmental covenant, pursuant to the uniform environmental covenants act, chapter 30, title 55, Idaho Code, on the property where the MSWLF is located, and its future use may be restricted in accordance with a post-closure care plan. A copy of the environmental covenant shall be sent to the department after recording with the county clerk.

(6)  The review and approval process for a closure plan shall be conducted pursuant to this chapter.

(7)  The owner or operator of an MSWLF that is closing shall cause notice of closure to be published in a newspaper of general circulation in the county and in the immediate vicinity of the facility and shall post notice of closure signs at the facility’s entrance. The notice shall be published and posted:

(a)  Between thirty (30) and ninety (90) days before the date of last receipt of waste for a facility that has reached disposal capacity; or

(b)  Between thirty (30) and ninety (90) days before the closure, if the facility has remaining capacity and there is a reasonable likelihood that the facility will receive additional waste.

History:

[(39-7416) 39-7415, added 1992, ch. 331, sec. 1, p. 989; am. 1993, ch. 139, sec. 17, p. 363; am. 1994, ch. 75, sec. 9, p. 170; am. and redesig. 2026, ch. 7, sec. 20, p. 43.]