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LEA Advisory#51—Disposal Sitstclosure Land Use Page 1 of 5 4P4 California Integrated Waste Management Board LEA Advisory#51—July 22,1998 LEA Advisories HomeiSp." Il Site P®StC re Lal.nd USe LEACommunications ..............................................................................<.................,, Closed, Illegal and To All Local Enforcement Agencies: Abandoned (CIA) Disposal Sites The purpose of this advisory is to provide guidance and information to the Solid Waste Enforcement Local Enforcement Agencies(LEA)on oversight of disposal site postclosure land use Permit Tool Box pursuant to Title 27, California Code of Regulations (27 CCR), section 21190. Specific topics addressed include regulatory authority, activities subject to the regulatory tiers, site Index boundary issues, proposal review, local approvals, technical assistance, and site LEA Central inspections. Background Control of postclosure land use at solid waste disposal sites represents a major part of the LEA's responsibility to protect public health and safety and the environment. The California Integrated Waste Management Board (CIWMB)established regulations addressing postclosure land use activities in 1989 based on documented problems associated with poorly regulated development on disposal sites (Final Statement of Reasons, Disposal Site Standards for Closure and Postclosure, Page 111-7.8 129-139). In many cases, the CIWMB and LEA are still dealing with the consequences of poor past postclosure land use practices. Although there are many examples of poor postclosure land use practices, significant recent advances in the land use development and environmental control of disposal sites are evident. There are an increasing number of projects that have been successfully constructed and maintained in compliance with current minimum standards.Attachment_1.is a list of selected examples of postclosure land use projects developed in accordance with current minimum standards. Upon request, more specific information concerning these and other projects can be provided by staff of the CIWMB's Remediation, Closure, and Technical Services Branch. Postclosure land use development can be a substantial benefit to local communities. Attractive and useful postclosure land uses can help incorporate a closed site into the surrounding community. Postclosure land use development can also provide a potential source of financial resources to remediate environmental problems at sites where the responsible parties are unable to finance remediation on their own. Regulatory Authority Over Postclosure Land Use Activities The specific minimum standard for postclosure land use at disposal sites is contained in 27 CCR 21190 attachment__21. This standard is applicable to new postclosure activities that may jeopardize the integrity of previously closed disposal sites or pose a potential threat to public health and safety or the environment(27 CCR 21100(b)(2)). CIWMB closure and postclosure maintenance plan requirements apply to all solid waste landfills required to be permitted that were operating on or after January 1, 1988. Closure and postclosure maintenance plans under these requirements require a description of proposed postclosure land use per 27 CCR 21190. If the postclosure land use is proposed to significantly change after approval of the final closure and postclosure maintenance plans (final plans), revision of the final plans is required pursuant to 27 CCR 21890. The revision for significant postclosure land use change must specifically address compliance with 27 CCR 21190 and be approved by the LEA, Regional Water Quality Control Board (RWQCB), and CIWMB. CIWMB closure and postclosure maintenance plan requirements of 27 CCR Chapter 4, Subchapter 4 are not applicable for sites that ceased operating prior to January 1, 1988 (27 http://www.ciwmb.ca.gov/LEAAdvisory/51/ 2/20/2008