49-252. Closure notification and
approval
A. A person who owns or operates a dry well subject to this article or a
groundwater protection permit facility as defined in section 49-241.01, subsection C or a
person who has been issued a permit pursuant to this article shall notify the director of
the intent to permanently cease an activity for which the facility or a portion of the
facility was designed or operated.
B. Within ninety days of the notification in subsection A of this section, the
owner or operator shall submit a closure plan to the director.
C. Within sixty days of submittal of a complete closure plan, the director shall
determine whether or not the closure plan is for a clean closure.
D. If the director determines that the closure plan is for a clean closure, the
director shall send a letter of approval to the owner or operator and no aquifer
protection permit shall be required.
E. If the director determines that the proposed closure plan achieves a closure
condition other than clean closure, the owner or operator shall submit either an
application for an aquifer protection permit or a request to modify a current aquifer
protection permit in order to address closure activities and postclosure monitoring and
maintenance at the facility. The director shall require submittal of a permit
application or a request to modify a permit within ninety days or a reasonable time not
to exceed one year, if the applicant can supply a scope of work justifying a schedule for
collecting the technical information necessary to apply.
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