January 31, 2020
By:
Walter G. Wright
Category:
Arkansas Environmental, Energy, and Water Law
Arkansas Environmental, Energy, and Water Law
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The Solid Waste Association of North America (“SWANA”) issued a technical policy titled:
Technical Policy 9.4. – The Long-Term Management of Municipal Solid Waste Landfills (“Policy”)
The Policy provides that at the end of a landfill’s regulatory post-closure care period owners/operators should:
- plan for the need to inspect and maintain the landfill’s final cover systems, and
- implement other environmental control systems to ensure ongoing protection of human health and the environment.
Closure is a process during which a landfill (or a portion thereof) is no longer receiving waste and is preparing for post-closure maintenance according to an approved plan/construction schedule. Once a site is closed, it ceases accepting waste. The closure will be undertaken in accordance with the applicable statutes and regulations.
Closure and post-closure plans are intended to ensure that landfill closure and post-closure maintenance conform to state performance standards and minimum substantive requirements. They may constitute a prerequisite to a facility’s obtaining an operating permit.
SWANA notes that federal Subtitle D landfill regulations have been in place since 1991. It also states that “few regulatory agencies have established guidance or funding requirements for long-term management of landfills after the completion of post-closure care periods.”
The new SWANA Policy also provides that there should be a process to end long-term management obligations when site-specific monitoring data shows organic or functional stability with the final cover system in place. It recommends requirements be determined for each site on a case-by-case basis by a group consisting of:
- regulatory agency,
- landfill owner/operator, and/or
- host community.
A copy of the Policy can be downloaded here.
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