40 C.F.R. § 265.117

Post-closure care and use of property

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(a)(1) Post-closure care for each hazardous waste management unit subject to the requirements of §§ 265.117 through 265.120 must begin after completion of closure of the unit and continue for 30 years after that date. It must consist of at least the following:

(i) Monitoring and reporting in accordance with the requirements of subparts F, K, L, M, and N of this part; and

(ii) Maintenance and monitoring of waste containment systems in accordance with the requirements of subparts F, K, L, M, and N of this part.

(2) 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 Regional Administrator may:

(i) Shorten the post-closure care period applicable to the hazardous waste management unit, or facility, if all disposal units have been closed, if he finds that the reduced period is sufficient to protect human health and the environment (e.g., leachate or ground-water monitoring results, characteristics of the hazardous waste, application of advanced technology, or alternative disposal, treatment, or re-use techniques indicate that the hazardous waste management unit or facility is secure); or

(ii) Extend the post-closure care period applicable to the hazardous waste management unit or facility, if he finds that the extended period is necessary to protect human health and the environment (e.g., leachate or ground-water monitoring results indicate a potential for migration of hazardous wastes at levels which may be harmful to human health and the environment).

(b) The Regional Administrator may require, at partial and final closure, continuation of any of the security requirements of § 265.14 during part or all of the post-closure period when:

(1) Hazardous wastes may remain exposed after completion of partial or final closure; or

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

(c) Post-closure use of property on or in which hazardous wastes remain after partial or final closure must never be allowed to disturb the integrity of the final cover, liner(s), or any other components of the containment system, or the function of the facility's monitoring systems, unless the Regional Administrator finds that the disturbance:

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

(2) Is necessary to reduce a threat to human health or the environment.

(d) All post-closure care activities must be in accordance with the provisions of the approved post-closure plan as specified in § 265.118.

[51 FR 16451, May 2, 1986, as amended at 71 FR 40275, July 14, 2006]

Notes of Decisions

Cited in 3 cases, 1991–1998 · leading case: United States v. Power Eng'g Co., 10 F. Supp. 2d 1145 (D. Colo. 1998).

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United States v. Power Eng'g Co., 10 F. Supp. 2d 1145 (D. Colo. 1998). “40 C.F.R. § 265.117 . Thus, RCRA provides for extensive regulation of a hazardous waste facility long after the facility has stopped operating.”

Cornerstone Realty, Inc. v. Dresser Rand Co., 993 F. Supp. 107 (D. Conn. 1998). “40 C.F.R. § 265.117 (1996). Thus, RCRA clearly provides for extensive regulation of a hazardous waste facility long after the facility has stopped operating.”

United States v. Prod. Plated Plastics, Inc., 762 F. Supp. 722 (W.D. Mich. 1991). “40 C.F.R. § 265.117 . The regulations also require that the owner or operator of a surface impoundment landfill or land treatment facility *727 used to manage hazardous waste must implement a groundwater monitoring system capable of determining the facility’s impact on the…”

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