SECTION 252:616-13-3. Closure plan submittal and amendment

(a)   Closure plan required. A written closure plan shall be submitted to the DEQ at least 90

days prior to commencing closure, unless a lesser amount of time is granted by the DEQ.

(b)   Closure plan amendment. Closure activities shall occur as specified in the closure plan. Any amendments to the closure plan shall be submitted, in writing, to the DEQ for review and approval before any closure activity is altered, replaced, or deleted.

(c)   Commencement of closure activities. Closure activities shall not commence until the closure plan and all amendments thereto have been reviewed and approved by the DEQ.

(d)   Content. The written closure plan shall include the following information, except as specifically waived by the DEQ in accordance with OAC 252:616-13-1(c):

(1)   General information. The following general information shall be provided in all closure plans:

(A)   purpose of closure indicating the reason why the surface impoundment, tank system or land application site is no longer in use and whether wastewater or sludge will be closed in place (in-place closure) or removed (clean closure);

(B)   the DEQ Industrial Wastewater Treatment Permit number for the facility. If the facility has not been permitted, submit a completed application for a DEQ Industrial Wastewater Treatment Permit;

(C)   the name, address, and telephone number of all record owner(s) of the land upon which the surface impoundment, tank system or land application site is located;

(D)   if the operator is not the sole record owner of the land, surface property interests and all water rights, they must provide a written document from each owner(s) indicating consent to on-site or off-site disposal of the contents of the surface impoundment, tank system, or land application site and any other activities associated with closure;

(E)   provide a time schedule indicating the major closure activities, approximate time to complete each activity, and the estimated date of final completion of all closure activities; and

(F)   the closure plan shall include certification by a Registered Professional Engineer, except for Class III impoundments closed pursuant to the specifications contained in Appendix E of this Chapter.

(2)   Site assessment. The following minimum information about the site shall be provided in the closure plan.

(A)   Soil information. Identify the type of soil(s) by soil series name impacted and include a description of the soil profile and the depth to bedrock. List chemical and physical properties of the soil, and their average values for the site, that predict transport and fate of the wastewater contained in the surface impoundment, tank system, or land application.

(B)   Groundwater information. Identify major and minor aquifers, recharge areas, depth to ground water for both shallow aquifer and drinking water sources, local and regional direction of flow, and estimated or background water quality.

(C)   Surface water information. Identify surface water bodies that may be hydrologically connected to the groundwater or are immediately downgradient of the surface impoundment, tank system or land application site. Trace the drainage to the nearest major watercourse on a topographic map.

(D)   Plans and specifications. Provide plans and specifications of the impoundment(s), or tank system(s) to be closed indicating the dimensions of the surface impoundment(s), or tank system(s), location of inflow and outflow piping, location and thickness of sludge, and depth of wastewater in the impoundment.

(3)   Wastewater characterization. The following minimum information about the wastewater shall be included in the closure plan. Additional information may be required.

(A)   Inventory of wastewater. Provide an inventory of the types and concentrations of wastewater discharged to the surface impoundment, or tank system. Indicate the frequency and volume of each wastewater that was or may have been discharged to or otherwise placed in the tank system or impoundment.

(B)   Chemical analysis. When requested by the DEQ, provide a chemical analysis of representative sample(s) of the sludges, sediments, bottom sediments, liners, or other media.

(4)   Sampling, analysis, and monitoring plans. Sampling, analysis, and monitoring used

before, during, and after closure shall be proposed to the DEQ in a written plan as follows:

(A)   Sampling and analysis. Design a sampling and analysis plan that includes all requirements listed in OAC 252:616-5-4.

(B)   Monitoring. Design a monitoring plan that will adequately monitor groundwater, soil vapor, or other media according to OAC 252:616-5-4.

(C)   Sampling and monitoring locations. Indicate on a facility map the location of each sampling site, each monitoring site, the direction of groundwater flow, and the wells used to determine groundwater flow direction.

(5)   Treatment, removal, and disposal. The closure plan shall include the following minimum discussion of treatment, removal, and disposal activities, as well as any additional information requested by the DEQ:

(A)   Treatment. Describe all methods to be used to treat or reduce any wastewater or sludge from the surface impoundment or tank system (such as chemical or physical treatment, phase separation, waste stabilization, or other method). Provide a written rationale for each treatment method to be used and sufficient evidence of its effectiveness.

(B)   Removal. Describe all removal activities for all wastewaters, sludges, liner materials, and subsoils (e.g., volume removed, equipment used, dust control, and other activities).

(C)   Backfill. If the impoundment is to be closed by backfilling with soil, estimate the volume of soil needed. Include discussion of the material to be used as backfill, sampling used to determine the characteristics of the backfill, the method of compaction, and other methods to be used.

(D)   Disposal. Provide the name and location of any off-site facility to be used to dispose of the tank system, the lateral lines, the piping and fittings, the contents of the tank system or the impoundment, liner materials, or subsoils, and provide the name of the issuing agency, permit number or other information necessary to determine authorization obtained for such disposal.

(6)   In-place closure requirements. The following additional requirements apply for in-place closure:

(A)   If the pollutants cannot be physically removed or must otherwise be closed in-place, the closure plan shall include:

(i)   a discussion of remediation alternatives (e.g., clean closure, waste reduction, or chemical, physical, or biological treatment) and documentation as to effectiveness of each alternative;

(ii)   a discussion of containment alternatives, (e.g., waste stabilization, impervious cap, or other system) and documentation as to the effectiveness of the containment measure; and

(iii)   a proposal of which remediation or containment alternative(s) will be implemented for each surface impoundment or tank system site.

(B)   When impervious caps or covers are proposed to be constructed as a method of closure in connection with a closure plan, the following requirements shall be met:

(i)   compacted clay caps used to contain wastes in closed surface impoundments shall have a maximum hydraulic conductivity of 1 x 10^-7 cm/sec and shall be protected by covering with a soil layer. The clay cap shall be designed and constructed according to the requirements of Subchapter 5 relating to clay liners;

(ii)   caps containing synthetic liners used to contain wastes in closed impoundments shall be installed according to requirements of Subchapter 5 relating to synthetic liners in addition to manufacturer's and installer's specifications and accepted industry practices and shall be protected by covering with a composite soil and gravel layer; and

(C)   address post-closure activities, as required by the DEQ, such as groundwater monitoring, water or land use restrictions, or deed restrictions.

(7)   Clean closure requirement. The following additional requirements apply for clean closure:

(A)   provide an evaluation of the feasibility of clean closure of the surface impoundment, tank system site including a discussion of available technology, extent of contamination, and other factors; and

(B)   discuss target clean-up levels of wastewater, the possible risks at those levels, and the methods to be used to determine that clean closure has been achieved.

[Source: Added at 17 Ok Reg 1925, eff 6-12-00; Amended at 18 Ok Reg 1994, eff 6-11-01; Amended at 19 Ok Reg 1698, eff 6-13-02; Amended at 24 Ok Reg 1526, eff 6-11-07; Amended at 30 Ok Reg 1087, eff 7-1-13]