10.1-1410.2 - Landfill postclosure monitoring, maintenance and plans. - Virginia Statutes

§ 10.1-1410.2. Landfill postclosure monitoring, maintenance and plans.

A. The owner and operator of any solid waste landfill permitted under thischapter shall be responsible for ensuring that such landfill is properlyclosed in accordance with the Board's regulations and that the landfill ismaintained and monitored after closure so as to protect human health and theenvironment. Maintenance and monitoring of solid waste landfills afterclosure shall be in accordance with the Board's regulations. At all timesduring the operational life of a solid waste landfill, the owner and operatorshall provide to the Director satisfactory evidence of financial assuranceconsistent with all federal and state laws and regulations to ensure that thelandfill will be:

1. Closed in accordance with the Board's regulations and the closure planapproved for the landfill; and

2. Monitored and maintained after closure, for such period of time asprovided in the Board's regulations or for such additional period as theDirector shall determine is necessary, in accordance with a postclosure planapproved by the Director.

B. Not less than 180 days prior to the completion of the postclosuremonitoring and maintenance period as prescribed by the Board's regulations orby the Director, the owner or operator shall submit to the Director acertificate, signed by a professional engineer licensed in the Commonwealth,that postclosure monitoring and maintenance have been completed in accordancewith the postclosure plan. The certificate shall be accompanied by anevaluation, prepared by a professional engineer licensed in the Commonwealthand signed by the owner or operator, assessing and evaluating the landfill'spotential for harm to human health and the environment in the event thatpostclosure monitoring and maintenance are discontinued. If the Directordetermines that continued postclosure monitoring or maintenance is necessaryto prevent harm to human health or the environment, he shall extend thepostclosure period for such additional time as the Director deems necessaryto protect human health and the environment and shall direct the owner oroperator to submit a revised postclosure plan and to continue postclosuremonitoring and maintenance in accordance therewith. Requirements forfinancial assurance as set forth in subsection A shall apply throughout suchextended postclosure period.

(1999, cc. 584, 613, 947.)