40 C.F.R. § 265.111
Closure performance standard
The owner or operator must close the facility in a manner that:
(a) Minimizes the need for further maintenance, and
(b) Controls, minimizes or eliminates, to the extent necessary to protect human health and the environment, post-closure escape of hazardous waste, hazardous constituents, leachate, contaminated run-off, or hazardous waste decomposition products to the ground or surface waters or to the atmosphere, and
(c) Complies with the closure requirements of this subpart, including, but not limited to, the requirements of §§ 265.197, 265.228, 265.258, 265.280, 265.310, 265.351, 265.381, 265.404, and 265.1102.
Notes of Decisions
Cited in 5
cases, 1991–2018 · leading case: United States v. Prod. Plated Plastics, Inc., 762 F. Supp. 722 (W.D. Mich. 1991).
United States v. Prod. Plated Plastics, Inc., 762 F. Supp. 722 (W.D. Mich. 1991). “40 C.F.R. § 265.111 . Along with the closure, post-closure and monitoring requirements, the owner or operator must establish and maintain financial assurance for proper closure and post-closure care of the facility, as well as liability coverage of specified amounts for bodily…”
Seattle Times Co. v. Leathercare, Inc., 337 F. Supp. 3d 999 (W.D. Wash. 2018). “103 at 8 (citing WAC 173-303-610 & 40 C.F.R. § 265.111 ). Seattle Times further committed to inspect drainage channels and the sump "to assure that there will be no postclosure escape or leaching of waste.”
United States v. Power Eng'g Co., 10 F. Supp. 2d 1145 (D. Colo. 1998). “40 C.F.R. § 265.111 . Even after closure has been completed, the owner or operator may be required to maintain post-closure care of the facility for a period of thirty years.”
Cornerstone Realty, Inc. v. Dresser Rand Co., 993 F. Supp. 107 (D. Conn. 1998). “40 C.F.R. § 265.111 (1996). As part of the closure process, facility owners and/or operators are required to prepare and submit for approval to the appropriate environmental authority a proposed closure plan.”
Schmucker v. Johnson Controls, Inc., 90 F. Supp. 3d 786 (N.D. Ind. 2015). “551, and 40 C.F.R. § 265.111 , .115, and .117. 5 Johnson Controls addressed each provision in its motion to dismiss, but in responding to the motion, Plaintiffs only presented any argument as to § 265.”
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