40.13.100 Closure and Post-Closure for Solid Waste Facilities

The closure or post-closure of a solid waste facility shall meet the requirements and procedures of 40 CFR Part 258, this Act and the following:

(a) The owner/operator shall develop and submit closure, and if required, post closure plans for a waste management facility. The Compliance Officer shall review closure plans and post-closure maintenance plans to determine their compliance with this Act, the permit and the requirements of 40 CFR Part 258;

(b) The owner/operator shall certify to the Tribal Council that he has prepared an initial estimate of closure and, if appropriate, post closure maintenance costs for a period of not less than thirty (30) years after closure. The facility owner/operators shall annually calculate and revise as needed the cost estimates for closure and post-closure maintenance;

(c) The owner/operator may distinguish between preliminary and final plans and provide that preliminary plans may require less specifically and engineering detail than final plans. Preliminary plans shall provide sufficient detail to enable the owner/operator and the Compliance Officer to estimate accurately the costs for closure and post-closure maintenance; and

(d) All documentation relating to the preparation of the closure and post- closure maintenance plan shall be retained by the owner/operator and shall be available for inspection and copying by the Compliance Officer or the Solid Waste Director at all reasonable times upon request.