Teknor Apex Tennessee Company Tnd054876834 Post-Closure Plan Tnhw-183
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TEKNOR APEX TENNESSEE COMPANY TND054876834 POST-CLOSURE PLAN TNHW-183 EPA ID NUMBER: TND054876834 POST-CLOSURE PLAN: TNHW-183 TABLE OF CONTENTS Page No. I. STANDARD CONDITIONS A. EFFECT OF PLAN I-1 B. SEVERABILITY I-1 C. DEFINITIONS I-2 D. GENERAL DUTIES AND REQUIREMENTS I-6 E. CONFIDENTIAL INFORMATION I-12 F. DOCUMENTS TO BE MAINTAINED AT THE FACILITY I-12 G. ANNUAL MAINTENANCE FEES I-13 H. REQUIRED NOTICE FOR OWNERSHIP TRANSFER I-13 I. ORDER OF PRECEDENCE I-13 J. PLAN STRUCTURE I-14 II. GENERAL FACILITY CONDITIONS A. SECURITY II-1 B. GENERAL INSPECTION REQUIREMENTS II-1 C. PERSONNEL TRAINING II-2 D. FINANCIAL REQUIREMENTS FOR POST-CLOSURE II-2 E. FINANCIAL REQUIREMENTS FOR CORRECTIVE ACTION II-6 F. RECORDKEEPING AND REPORTING II-9 G. LAND DISPOSAL RESTRICTIONS II-10 H. ORGANIC AIR EMISSION STANDARDS II-10 I. RESTRICTION ON OWNERSHIP OF THE FACILITY II-10 III. SPECIFIC CONDITIONS FOR POST-CLOSURE CARE A. UNIT IDENTIFICATION III-1 B. POST-CLOSURE CARE III-1 C. POST-CLOSURE CARE AND USE OF PROPERTY III-1 D. INSPECTIONS III-2 E. POST-CLOSURE PERMIT MODIFICATIONS III-2 F. NOTICES AND CERTIFCATIONS III-2 IV. SPECIFIC CONDITIONS FOR GROUNDWATER MONITORING A. MAINTENANCE OF GROUNDWATER MONITORING SYSTEMS IV-1 B. ELEVATION OF THE GROUNDWATER SURFACE IV-2 C. SAMPLING PROCEDURES IV-2 D. ANALYTICAL PROCEDURES IV-2 E. GROUNDWATER PROTECTION STANDARD IV-3 i TABLE OF CONTENTS (Continued) Page F. DETECTION MONITORING DATA EVALUATION AND RESPONSE IV-3 G. REPORTING, RECORDKEEPING AND RESPONSE IV-6 H. ASSURANCE OF COMPLIANCE IV-6 V. SPECIFIC CONDITIONS FOR CORRECTIVE ACTION A. APPLICABILITY V-1 B. NOTIFICATION AND ASSESSMENT REQUIREMENTS FOR NEWLY IDENTIFIED SWMUs AND AOCs V-2 C. NOTIFICATION REQUIREMENTS FOR NEWLY DISCOVERED RELEASES FROM SWMUs OR AOCs V-3 D. CONFIRMATORY SAMPLING (CS) V-3 E. RCRA FACILITY INVESTIGATION (RFI) V-4 F. INTERIM MEASURES (IM) V-7 G. CORRECTIVE MEASURES STUDY (CMS) V-9 H. REMEDY APPROVAL AND PERMIT MODIFICATION V-10 I. REMEDY IMPLEMENTATION V-10 J. INSTITUTIONAL CONTROLS (ICs) V-11 K. COMPLETION OF CORRECTIVE ACTION V-11 L. MODIFICATION OF THE CORRECTIVE ACTION COMPLIANCE SCHEDULE V-12 M. WORK PLAN AND REPORT REQUIREMENTS V-12 N. APPROVAL / DISAPPROVAL OF SUBMISSIONS V-13 O. DISPUTE RESOLUTION V-13 ATTACHMENT ATTACHMENT 1 FACILITY DESCRIPTION A1 ATTACHMENT 2 SECURITY A2 ATTACHMENT 3 INSPECTIONS A3 ATTACHMENT 4 POST-CLOSURE CARE PLAN A4 ATTACHMENT 5 GROUNDWATER MONITORING A5 ATTACHMENT 6 SOLID WASTE MANAGEMENT UNITS AND AREAS OF CONCERN A6 ATTACHMENT 7 METHODOLOGY FOR MONITORING WELL ABANDONMENT AND CLOSURE A7 ii Facility: Teknor Apex Tennessee Company Owner/Operator: Teknor Apex EPA ID Number: TND054876834 Plan Number: TNHW-183 I. STANDARD CONDITIONS A. EFFECT OF PLAN The facility is required to perform post-closure care and monitoring in accordance with the conditions of this plan. The facility is also required to conduct corrective action for any release of hazardous waste or hazardous constituents in accordance with the conditions of this plan. Any receipt or handling of hazardous waste not authorized in this plan is prohibited, unless such management is not subject to a plan as set forth at Rule 0400-12-01- .07(1)(b), is operating under interim status as set forth in Rule 0400-12-01-.07(3)(a), or is subject to a separate hazardous waste management plan issued by the Tennessee Department of Environment and Conservation (Department). Compliance with this plan during its term constitutes compliance, for the purposes of enforcement, with the Tennessee Hazardous Waste Management Act of 1977, as amended, as it applies to the plan activities, except for those requirements not included in the plan which: (1) become effective by statute or (2) are promulgated under Rule 0400-12-01-.10 restricting the placement of hazardous waste in or on the land. However, this plan may be modified, revoked and reissued, or terminated during its term for cause as set forth in this plan and Paragraph (9) of Rule 0400-12-01-.07. Issuance of this plan does not authorize any injury to persons or property or invasion of other private rights, or any infringement of other State or local laws or regulations. This plan does not convey any property rights of any sort or any exclusive privilege. Compliance with the terms of this plan does not constitute a defense to any Order issued or any action brought under Section 3013 or Section 7003 of the Resource Conservation and Recovery Act of 1976 as amended (42 U.S.C.A. 6901 et seq., commonly referred to as RCRA), Sections 104, 106(a) and 107 of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C.A. 9601 et seq., commonly known as CERCLA), Sections 68-212-206(a), 207, and 215(c) of the Tennessee Hazardous Waste Management Act of 1983, as amended, or any other law providing for protection of public health or the environment. B. SEVERABILITY The provisions of this plan are severable, and if any provision of this plan or the application of any provision of this plan to any circumstance is held invalid, the application of such provision to other circumstances and the remainder of this plan shall not be affected thereby. 1-1 C. DEFINITIONS For the purpose of this plan, terms used herein shall have the same meaning as those in Rules 0400-12-01-.01, 0400-12-01-.02, 0400-12-01-.06, 0400-12-01-.07, and 0400-12-01- .10 unless this plan specifically provides otherwise. Where terms are not defined in the regulations or the plan, the meaning associated with such terms shall be as defined by applicable U.S. Environmental Protection Agency (EPA) guidelines or publications. Otherwise, the generally accepted scientific or industrial meaning of the term or the standard dictionary reference shall apply. 1. “Act” means the Tennessee Hazardous Waste Management Act, as amended [Tennessee Code Annotated (T.C.A.) 68-212-101 et seq.]. 2. “Annual” means a period not to exceed 365 days. 3. "Area of concern" or “AOC” means any area having a probable release of a hazardous waste or hazardous constituent that is not from a solid waste management unit and is determined by the Commissioner to pose a current or potential threat to human health or the environment. Such areas of concern may require investigations and remedial action as required by this plan in order to ensure adequate protection of human health and the environment. 4. “Area of contamination” is a discrete contiguous area of generally dispersed contamination that can be considered a solid waste management unit. Because an area of contamination is equated to a solid waste management unit, consolidation and/or in situ treatment of hazardous wastes within that area do not create a new point of hazardous waste generation. An area of contamination allows wastes to be consolidated or treated in situ within the area of contamination without triggering land disposal restrictions (LDRs) or minimum technology requirements. 5. “Commissioner” means the Commissioner of the Tennessee Department of Environment and Conservation (formerly the Tennessee Department of Health and Environment) or his authorized representative. 6. “Corrective action” shall be defined as all activities, including activities conducted beyond the facility boundary, that are proposed or implemented to facilitate assessment, monitoring, and active or passive remediation of releases of hazardous waste or hazardous constituents to soil, groundwater, surface water, or the atmosphere associated with solid waste management units and/or areas of concern and/or areas of contamination located at the facility or off-site, as required by Rule 0400-12-01-.06(6)(k) and (l), or as otherwise required and specified by this plan. 7. A "corrective action management unit" or “CAMU” means an area within a facility that is used only for managing remediation wastes for implementing corrective action or cleanup at the facility. 1-2 8. "Corrective measures" include all corrective action necessary to protect human health and the environment for all releases of hazardous waste or hazardous constituents from any solid waste management unit at the facility, regardless of the time at which the waste was placed in the unit, as required under Rule 0400-12-01- .06(6)(l). Corrective measures may address releases to air, soil, sediment, surface water or groundwater. 9. “Department” means the Tennessee Department of Environment and Conservation (formerly Tennessee Department of Health and Environment). 10. "Division Director" or “Director” means the Director of the Division of Solid Waste Management of the Department, or a designee. This person also serves as the Technical Secretary to the Board, and functions as the chief of staff to both the Commissioner and the Board in matters relating to these rules and their implementation. 11. "Extent of contamination" is defined as the horizontal and vertical area in which the concentrations of hazardous constituents in the environmental media are above detection limits or background concentrations indicative of the region, whichever is appropriate as determined by the Commissioner. 12. "Facility" means: a. All contiguous land, and structures, other appurtenances, and improvements on the land, used for treating, storing, or disposing of hazardous waste, or for managing hazardous secondary materials prior to reclamation. A facility may consist of several treatment, storage, or disposal operational units (e.g., one or more landfills, surface impoundments or combination of them). b. For the purposes of implementing corrective action under Rule 0400-12-01- .06(6)(l), all contiguous property under the control of the owner or operator seeking a plan under the Tennessee Hazardous Waste Management Act, T.C.A. 68-212-101 et seq. This definition also applies to facilities implementing corrective action under T.C.A.