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Subpart 383.9: Closure, Post-Closure, and Institutional Control Requirements For Land Disposal Facilities

(Statutory authority: Environmental Conservation Law, arts. 3, 17, 19, 27, 29)

[Effective Date March 14, 1993]

Contents:

Sec.

§383-9.1 Applicability.

The permittee must comply with the minimum disposal unit closure, facility closure, post-closure monitoring and maintenance, and institutional control requirements of this subpart.

(a) Sections 383-9.2 through 383-9.4 specify the minimum requirements for site closure and stabilization for land disposal facilities. Section 383-9.5 specifies additional requirements for site closure and stabilization of aboveground disposal facilities. Section 383-9.6 specifies additional requirements for site closure and stabilization of underground mined repositories.

(b) Section 383-9.7 specifies minimum requirements for post-closure monitoring and maintenance of land disposal facilities.

(c) Section 383-9.8 specifies minimum requirements for the institutional control of land disposal facilities.

(d) Section 383-9.9 specifies minimum requirements for the time period after institutional control ends.

(e) For land disposal facilities using any combination of disposal methods, the permittee must comply with all the requirements for each disposal method.

§383-9.2 Closure plan requirements.

The applicant must submit a closure plan as part of the complete permit application. The closure plan must meet the requirements of this section. The permittee must only close a disposal unit and a land disposal facility in accordance with the approved closure plan and the provisions of this Part.

(a) Plans for disposal unit closure.

The closure plan must include plans for disposal unit closure. In addition to the information on disposal unit closure that is required pursuant to subparts 383-3 and 383-4 of this Part, the closure plan must include:

(1) a projected schedule for disposal unit closure to meet the requirements of section 383-9.3 of this Part including:

(i) the year in which the closure of each disposal unit is projected to begin;

(ii) the time required for major intermediate steps in the closure process, and

(iii) the total time required for the closure of each disposal unit;

(2) a detailed description of how each disposal unit at the land disposal facility will be closed including a description of those design features that are intended to facilitate site closure and stabilization and to eliminate the need for ongoing active maintenance;

(3) final design plans, drawings, and specifications for all construction required for disposal unit closure;

(4) a detailed description of the steps needed to remove or decontaminate any remaining contaminated materials including:

(i) procedures for cleaning equipment to be reused;

(ii) methods for sampling and testing surrounding soils;

(iii) procedures for remediating any contaminated soils;

(iv) landscaping plans prepared by a licensed landscape architect; and

(v) criteria for determining the extent of decontamination required to provide reasonable assurance that the performance objectives will be met, based on the nature and extent of the contamination present, the design and construction of the disposal unit, the closure of the disposal unit, and other relevant factors;

(5) environmental and structural monitoring plans that meet the requirements of subpart 383-10 of this Part;

(6) detailed descriptions of the systems for leachate collection and control of surface water drainage that meet the requirements of subpart 383-7 of this Part;

(7) a detailed description of any other activities which must be completed prior to, or during, the closure of each disposal unit to provide reasonable assurance that the performance objectives will be met;

(8) a detailed estimate of the cost to implement the disposal unit closure measures; and

(9) a detailed description of how the proposed disposal unit closure activities will be undertaken to avoid adverse impacts on other facility operations and structures.

(b) Plans for facility closure.

The closure plan must include plans for facility closure. In addition to the information on site closure and stabilization that is required pursuant to subparts 383-3 and 383-4 of this Part, the closure plan must include:

(1) a detailed description of how the land disposal facility will be closed and stabilized after the last volume of waste has been accepted and disposed of at the land disposal facility, including a description of those design features that are intended to facilitate site closure and stabilization and to eliminate the need for ongoing maintenance;

(2) a projected schedule for facility closure, including:

(i) the year in which facility closure is projected to begin;

(ii) the time required for major intermediate steps in the facility closure process; and

(iii) the total time required for facility closure;

(3) a detailed description of the methods for removing, transporting, treating, storing, or disposing of all types of wastes, including low-level radioactive waste. The permittee must identify any material that will be removed from the land disposal facility for treatment, storage, or disposal, and the locations and types of facilities that will receive materials from the land disposal facility, if applicable;

(4) a detailed description of the procedures to be followed to remove or decontaminate all waste residues and contaminated equipment, structures, components of systems, and soils during closure of the land disposal facility. This description must include procedures for removal or decontamination, methods for sampling and testing surrounding soils, and the decontamination levels required to provide reasonable assurance that the performance objectives will be met;

(5) final design plans and specifications for all construction required for facility closure;

(6) environmental and structural monitoring plans that meet the requirements of subpart 383-10 of this Part;

(7) a description of the markers that will be installed in accordance with sections 383-11.3(b) and (c) of this Part;

(8) an analysis of the potential impact of major natural phenomena and fires on the closed disposal site;

(9) an identification of the maximum number of disposal units that will not be closed at any time during the operation period; the maximum volume and activity of waste that will be contained in unclosed disposal units; and the maximum volume and activity of waste that will be on the disposal site but not yet placed in a disposal unit;

(10) a description of the plan for disposition of the buildings, which may include alternative uses or demolition; if demolition is proposed, plans for disposal of the non-radioactive debris on the disposal site as required by Part 360 of this Title;

(11) detailed descriptions of the systems for leachate collection and control of surface water drainage that meet the requirements of subpart 383-7 of this Part;

(12) a detailed description of any other activities which must be completed prior to, or during, facility closure to provide reasonable assurance that the performance objectives will be met;

(13) a description of the ultimate disposal site plan, including potential future uses of the disposal site that could be undertaken without adversely affecting the ability of the site to meet the performance objectives;

(14) a description of the plans for disposition of the land disposal facility records in accordance with section 383-13.2 of this Part; and

(15) a detailed estimate of the cost to implement the facility closure measures.

(c) Annual revision of the closure plan.

(1) The permittee must annually revise the closure plan and submit it to the department for approval no later than 90 days prior to the anniversary date of the issuance of the permit, except in the year when the permit expires. In the year the permit expires, the permittee must submit a revised closure plan as part of the permit renewal application.

(2) The revised closure plan must take into account relevant new information including the following:

(i) the construction of new disposal units, both those planned for the future and those completed since the last revision, as built;

(ii) the closure of disposal units, both those to be closed in the future and those closed since the last revision, as built;

(iii) changes in the volumes, classes, specific activity, or other characteristics of the waste disposed of and projected to be disposed of at the land disposal facility;

(iv) any additional geologic, hydrologic, or other site data that have been obtained during the operation period and that are pertinent to the long-term containment of waste;

(v) the results of the monitoring required by subpart 383-10 of this Part and any other tests, experiments, or analyses performed by the permittee which are pertinent to the long-term containment of waste within the disposal units;

(vi) the results of the technical analyses required by section 383-13.4(b)(8) of this Part;

(vii) any proposed revisions of the closure plan necessary for the decontamination and/or dismantling of associated facilities, backfilling of excavated areas, or stabilization of the land disposal facility for post-closure care; and

(viii) changes in the estimated cost of implementing the closure plan.

(3) Within 30 days following the receipt of the revised closure plan, the department will review the revised closure plan and approve it or provide the permittee with a written statement of the reasons why the department will not approve it. In the event that the revised closure plan is not approved, the permittee must correct the deficiencies and re-submit the revised closure plan within 30 days of the date of the department's written statement of disapproval.

(d) Final revision of the closure plan.

The permittee must prepare a final revision of the closure plan and submit it as part of a complete application for facility closure. The final revision of the closure plan must take into account the information described in section 383-9.2(c)(2) of this Part.

(e) Modification of the closure plan.

(1) If an unexpected event occurs that affects the closure plan, the permittee must modify the closure plan within the following time periods:

(i) If the unexpected event occurs during closure of disposal unit and the unexpected event affects the disposal unit closure that is in progress, the permittee must submit the closure plan modification to the department no later than 30 days following the unexpected event.

(ii) If the unexpected event occurs during facility closure, the permittee must submit the closure plan modification to the department no later than 30 days following the unexpected event.

(iii) Otherwise, the permittee must submit the closure plan modification to the department no later than 90 days following the unexpected event.

(2) The department will review the closure plan modification in accordance with section 383-9.2(c)(3) of this Part.

§383-9.3 Requirements for disposal unit closure.

Every disposal unit must be closed when the design capacity is met or as directed by the department.

(a) Disposal units must be closed to achieve the long-term stability of the disposal unit and to minimize, the need for ongoing active maintenance of the disposal unit following closure so that only surveillance, monitoring, or minor custodial care are required.

(b) The permittee must obtain a modification to the permit in accordance with section 383-3.12 of this Part before commencing disposal unit closure. Disposal unit closure must be performed in accordance with the modification to the permit and the closure plan approved by the department in accordance with subpart 383-3 and, if applicable, subpart 383-4 of this Part.

(c) Unless otherwise authorized by the department, the permittee must complete closure of each disposal unit within one year after the final volume of waste is emplaced in the disposal unit.

(d) The measures to be undertaken for disposal unit closure must be compatible with the provisions for site closure and stabilization and the facility's design goals for recovery or retrieval of waste, if applicable.

(e) All design and construction activities necessary for disposal unit closure must comply with the applicable requirements of subpart 383-7 of this Part.

(f) The permittee must install inadvertent intruder barriers, if required by sections 382.33(a) and 382.34 of this Title, as part of disposal unit closure.

(g) The closure of any disposal unit which contains mixed waste must also comply with the requirements of Part 373 of this Title.

(h) Closure of belowground disposal units must include installation of the multilayer earthen cover required by section 383-7.6 of this Part and the markers required by section 383-11.3 of this Part.

(i) Disposal unit closure in an underground mined repository must include provisions for disposal unit monitoring as required by section 383-10.5 of this Part.

(j) Within 180 days of completion of closure activities for any disposal unit, the permittee must submit to the department documentation, including as-built drawings, that disposal unit closure has been performed in conformance with the closure plan. The certification must be signed by the permittee and signed and stamped by a licensed professional engineer. After reviewing the certification and inspecting the closed disposal unit, the department may direct the permittee to correct any errors or deficiencies found.

§383-9.4 Requirements for facility closure.

(a) The permittee must initiate facility closure within 180 days of the effective date of the permit modification to authorize facility closure.

(b) The permittee must obtain a modification to the permit in accordance with subpart 383-4 of this Part before facility closure begins. Facility closure must be performed in accordance with:

(1) the modification to the permit and the closure plan approved by the department in accordance with subparts 383-3 and 383-4 of this Part; or

(2) a judicial decree or final order to cease receiving waste or to close the land disposal facility.

(c) During facility closure, the disposal site must be closed and stabilized to achieve long-term stability for the site and to minimize the need for ongoing active maintenance of the disposal site following closure so that only surveillance, monitoring, or minor custodial care are required.

(d) All design and construction activities necessary for facility closure must comply with the applicable requirements of subpart 383-7 of this Part, including the QA/QC requirements of section 383-7.2(c) of this part.

(e) Facility closure must include measures to control natural processes to provide reasonable assurance that the performance objectives will be met. Natural processes that are controlled must include:

(1) erosion;

(2) mass wasting;

(3) slope failure;

(4) settlement of waste and backfill;

(5) infiltration of water into the disposal units and adjacent soils; and (6) the drainage of surface waters through the site.

(f) Landscaping must be designed by a licensed landscape architect.

(g) Facility closure must include the following:

(1) the decontamination and/or dismantling and disposition of all structures that are not essential for post-closure monitoring and maintenance or institutional control of the land disposal facility including all structures utilized for the receipt, temporary storage, and treatment of waste during the operation of the land disposal facility;

(2) the removal of all structures such as access roads and gates that are not essential for post-closure monitoring and maintenance or institutional control and that could facilitate inadvertent intrusion;

(3) either the removal or the disposal of all equipment, instruments, and materials not essential for post-closure monitoring and maintenance or institutional control of the land disposal facility. Equipment, instruments, and materials that have become contaminated must be either disposed of on the site or decontaminated and removed from the site; and

(4) installation of any markers required by section 383-11.3 that have not yet been installed and the markers and monument required by sections 383-11.4(e) and (f) of this Part.

(h) The waste in the closed and stabilized disposal site must not result in an annual dose exceeding an equivalent of 25 millirems to the whole body, 75 millirems to the thyroid, and 25 millirems to any other organ of any member of the public. Exposures to radiation from the waste must be maintained as low as reasonably achievable.

(i) Within 180 days of completion of facility closure, the permittee must:

(1) perform a radiation survey of the site to detect any remaining near-surface contamination. Any contamination detected that is above the decontamination requirements established in the permit must be decontaminated.

(2) perform an aerial radiation survey of the site and the surrounding area within a radius of five miles of the site. If any contamination is detected off the site, the department may direct the permittee to take appropriate actions based upon the location, type, and extent of the contamination.

(j) Within 180 days of completion of facility closure, the permittee must submit to the department certification that closure has been performed in accordance with the approved closure plan. The certification must be signed by the permittee and by an independent licensed professional engineer. After reviewing the certification and inspecting the closed land disposal facility, the department may direct the permittee to correct any errors or deficiencies found.

(k) Within 30 days of certification of closure, the permittee must:

(1) file with the county clerk in the county or counties in which the disposal site property is located a declaration of restrictions or other approved documents giving notice of the following:

(i) the site was used as a land disposal facility for low-level radioactive waste, that waste is present at the site, and that the waste must not be disturbed; and

(ii) the survey plans of the land disposal facility and records of the waste disposed of there have been filed with the chief executives of the towns and counties in which the disposal site is located and with the department.

(2) send the following to the chief executive officers of each county and municipality located within 50 miles of the disposal site; to all persons who own land contiguous to the disposal site; and to the police and fire departments serving the disposal site:

(i) written notification that the land disposal facility has been closed; and

(ii) a copy of the documents that have been recorded with the county clerk of the county or counties in which the disposal site is located.

§383-9.5 Additional facility closure requirements for aboveground disposal

(a) Facility closure of land disposal facilities that have above ground disposal units must include measures to:

(1) protect the above ground disposal unit against frost, weathering, and erosion of its foundation;

(2) provide resistance to the infiltration of water into the above ground disposal unit;

(3) direct surface water away from the above ground disposal unit and the waste;

(4) provide an additional barrier to the release of radionuclides into the environment; and

(5) protect against inadvertent intrusion, if required by sections 382.33(a) or 382.34 of this Title.

(b) To meet the requirements of section 383-9.5(a) of this Part, the permittee may either:

(1) cover the disposal units as described in section 383-9.5 (c) of this Part, or

(2) propose alternative measures that will meet the requirements of sections 383-9.5(a) (1) through (5) of this Part and demonstrate to the department that, with those measures in effect, the aboveground disposal units will meet the performance objectives after institutional control ends.

(c) The requirements of section 383-9.5(a) may be met by backfilling around the sides of the aboveground disposal units and installing a multilayer earthen cover, in accordance with section 383-7.6(c) of this Part, over the disposal units and the backfill. To minimize the potential for a buildup of water against the sides of the disposal unit, the backfill material must be free draining with a permeability greater than 1 x 10-4 centimeters per second and must be of sufficient height and extent to support the cover. The cover must be of sufficient extent to direct infiltrating or percolating water away from the disposal units.

§383-9.6 Additional facility closure requirements for underground mined repositories.

As part of facility closure, the permittee must seal all shafts and boreholes that are not necessary for post-closure and institutional control activities. The permittee must use methods and materials that have been approved by the department pursuant to subpart 383-4 of this Part.

§393-9.7 Post-closure monitoring and maintenance.

(a) Following completion of site closure and stabilization, the permittee must observe, monitor, and carry out all necessary maintenance and repairs at the disposal site to assure that the site is stable and in a condition suitable for institutional control as required by the permit modification to allow closure. The permittee must carry out post-closure monitoring and maintenance for a minimum of five years immediately following site closure and stabilization. The department may establish a longer time period based on site-specific conditions. An alternative time period for post-closure monitoring and maintenance must be authorized under subpart 383-4 of this Part.

(b) The permittee must prepare a post-closure monitoring and maintenance plan which must be approved by the department. Post-closure monitoring and maintenance must be performed in accordance with the post-closure plan approved by the department as required by subparts 383-3 and 383-5 of this Part. The post-closure plan must include:

(1) a detailed description of all post-closure monitoring and maintenance activities including:

(i) provisions for environmental monitoring based on the operating history of the land disposal facility and the site closure and stabilization measures and in accordance with the requirements of subpart 383-10 of this Part,

(ii) provisions for structural monitoring based on the operating history of the disposal units and the disposal unit closure measures, and

(iii) provisions for any maintenance of the disposal units that may become necessary;

(2) a detailed schedule for the post-closure monitoring and maintenance activities; and

(3) a detailed estimate of the cost of implementing the post-closure plan.

(c) Annual revision of the post-closure plan.

(1) The permittee must annually revise the post-closure plan and submit it to the department for approval no later than 90 days prior to the anniversary date of the issuance of the permit, except in the year when the permit expires. In the year the permit expires, the permittee must submit a revised post-closure plan as part of the permit renewal application.

(2) The revised plan must take into account relevant new information including the following:

(i) proposed changes in the design of the land disposal facility;

(ii) changes in the volumes, classes, specific activity, or other characteristics of the waste estimated to be disposed of at the land disposal facility;

(iii) any additional geologic, hydrologic, or other site data pertinent to the long-term containment of waste obtained during the operation period;

(iv) the results of the monitoring required by subpart 383-10 of this Part and any other tests, experiments, or analyses performed by the permittee that are pertinent to the long-term containment of waste within the disposal units;

(v) any proposed revisions to the closure plan that would affect the post-closure plan; and

(vi) changes in the estimated cost of implementing the post-closure plan.

(3) Within 30 days following the receipt of the revised post-closure plan, the department will review the revised post-closure plan and approve it or provide the permittee with a written statement of the reasons why the department will not approve it. In the event that the revised post-closure plan is not approved, the permittee must correct the deficiencies and re-submit the revised post-closure plan within 30 days of the date of the department's written statement of disapproval.

§383-9.8 Institutional control.

(a) Following the post-closure period, the permittee must carry out the approved institutional control plan. The permittee must obtain a permit modification pursuant to subpart 383-5 of this Part to authorize the custodial agency to carry out the institutional control plan.

(b) Institutional control must be performed in accordance with the institutional control plan approved by the department pursuant to subparts 383-3 and 383-5 of this Part. The institutional control plan must include:

(1) measures to maintain site security and control of physical access to the disposal site;

(2) an environmental monitoring program at the site;

(3) periodic surveillance;

(4) minor custodial care;

(5) police and fire protection;

(6) measures to maintain the site in a neat and clean condition free from debris, trash, and any other unattractive or dangerous objects;

(7) a detailed estimate of the cost of implementing the institutional control plan; and

(8) any other information required by the department.

(c) Annual revision of the institutional control plan.

(1) The permittee must annually revise the institutional control plan and submit it to the department for approval no later than 90 days prior to the anniversary date of the issuance of the permit, except in the year when such permit expires. In the year the permit expires, the permittee must submit a revised institutional control plan as part of the permit renewal application.

(2) The revision must take into account relevant new information including the following:

(i) proposed changes in the design of the land disposal facility;

(ii) changes in the volumes, classes, specific activity, or other characteristics of the waste projected to be disposed of at the land disposal facility;

(iii) any additional geologic, hydrologic, or other site data pertinent to the long-term containment of waste obtained during the operational period and post-closure period;

(iv) the results of the monitoring required by subpart 383-10 of this Part and any other tests, experiments, or analyses performed by the permittee that are pertinent to the long-term containment of waste within the disposal units;

(v) any proposed revisions of the closure plan and post-closure plan that would affect the institutional control plan; and

(vi) changes in the estimated cost of implementing the institutional control plan.

(3) Within 30 days following the receipt of the revised institutional control plan, the department will review the revised institutional control plan and approve it or provide the permittee with a written statement of the reasons why the department will not approve it. In the event that the revised institutional control plan is not approved, the permittee must correct the deficiencies and resubmit the revised institutional control plan within 30 days of the date of the department's written statement of disapproval.

(d) The permittee must prepare a final revision of the institutional control plan and submit it as part of a complete application for a permit modification for institutional control. The final revision of the institutional control plan must take into account the information described in section 383-9.8(c)(2) of this Part.

(e) The permittee must carry out the institutional control plan for a minimum of 100 years and until the permit is terminated pursuant to section 383-5.6 of this Part. However, institutional control for more than 100 years may not be relied upon to meet the performance objectives.

§383-9.9 Post-institutional control requirements.

After the institutional control period, the custodial agency must carry out a program of periodic site surveillance and environmental monitoring.