j) A written closure plan must be prepared. The closure plan should
minimize the need for further maintenance and the post closure escape of hazardous waste
k) A written estimate of the cost of implementing the closure plan and of
post-closure monitoring and maintenance must be prepared. Financial assurance for
closure of the HWMF must be provided through a trust fund, surety bond, letter of
credit, insurance, a combination thereof, or self-insurance.
l) The HWMF must be covered by liability coverage in the amount of at least
million (exclusive of legal defense costs) for claims arising from sudden and
accidental occurrences that cause injury to persons or property. The HWMF must also
have liability coverage in the amount of at least million per occurrence with an
annual aggregate of at least million (exclusive of legal costs) for claims arising
from nonsudden accidental occurrences that cause bodily injury or property damage. This
liability coverage can be provided by liability insurance and/or self-insurance.
m) Landfills and surface impoundments used to store, treat, or dispose of
hazardous waste must have a ground water protection plan unless the facility has a
double liner equipped with a leak detection system or the EPA deter mines that there is
no potential for migration of liquid from the facility to the uppermost aquifer. The
ground water protection plan must consist of the following three phases.
(1) A ground water sampling program to detect the presence of leachate
containing hazardous constituents at the compliance point.
(2) If leachate is detected, a compliance ground water monitoring
program must be initiated.
(3) Whenever a ground water protection standard is exceeded, a
corrective action program must be initiated.
The EPA has also issued the following regulations governing waste handling
practices or equipment at new HWMFs.
Containers--40 CFR 264.170 to 264.178.
Tanks--40 CFR 264.190 to 264.199.
Surface Impoundments--40 CFR 264.220 to 264.230.