A generator who no longer generates or manages hazardous waste at a site must, within 90 days of cessation of hazardous waste activities, close the site in a manner that:
- Minimizes the need for further maintenance;
- Controls, minimizes or eliminates, to the extent necessary to protect human health and the environment, post-closure escape of hazardous waste, hazardous constituents, leachate, contaminated run-off, or hazardous waste decomposition products to the groundwater or surface waters or to the atmosphere; and
- Complies with the closure requirements of the Vermont Hazardous Waste Management Regulations, and for closure of tank systems, the requirements of 40 CFR §§ 265.197.
An extension to the 90-day closure period may be granted on a case-by-case basis.
A Pre-closure Notification Form completed in conformance with Vermont’s Hazardous Waste Generator Closure Procedure must be submitted to the Secretary at least 90 days prior to the commencement of closure activities. Based on the information provided, the Secretary may require submittal of a closure plan.
A generator who no longer generates or manages hazardous waste at a site shall remove all hazardous waste to a designated facility. Remaining containers, tanks,liners, bases, materials, equipment, structures, soil and debris contaminated with hazardous waste or hazardous waste residues shall be decontaminated or disposed of at a designated facility.
A generator shall submit to the Secretary, within 90 days of completion of closure, a completed Certification of Closure, certifying closure was completed. The generator shall make this certification and the Secretary may also require certification by an independent professional engineer licensed in Vermont.
Any generator identified as a small or large quantity generator on or after October 15, 2006, is subject to the requirements of this section regardless of their generator status at the time of closure.
When a generator closes a portion of a facility, or ceases operations for an indefinite period of time, partial closure shall be conducted. The generator must notify the Secretary of any partial closure. Partial closure must, at a minimum, minimize the need for further maintenance of the facility, or the closed portion of the facility, and ensure that hazardous wastes from discontinued processes and activities are removed to a designated facility.