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05.112586 <br /> issue <br /> ISSUE PAPER <br /> Issue: <br /> Regulatory approach to the closure and subsequent land uses at <br /> landfills <br /> Background <br /> In recent years there has been increased development pressure on <br /> lands which have been utilized for disposal. This pressure is <br /> increasingly for the construction of commercial buildings or <br /> residential structures on these disposal grounds which have now <br /> become "prime land" through encroachment or for other reasons. <br /> Title 14, CAC, does not address, per se, nor do guidelines (or <br /> Board policy) exist which would provide adequate guidance and <br /> control over those closure and post-closure items which are of <br /> increasing concern to LEAs and Board Staff when addressing <br /> residential or commercial development on landfills. Increased <br /> guidance and technical support for LEAs is also needed for those <br /> concerns which arise when land use development is of a more <br /> °appropriate" type such as open space, parks, or other <br /> recreational use. <br /> An additional area of concern is that closure plans written by <br /> operators are now primarily for Subchapter 15 and do not fully <br /> address all of those areas for which the LEAs and Board are <br /> responsible. Some of those areas are gas monitoring, gas <br /> migration control, and closed facility maintenance. <br /> Theoretically, anything this Board or the LEA needs can be <br /> required of an operator but in reality when a development has <br /> completed (and spent lots of money on) a Subchapter 15 closure <br /> plan there is a lot of resistance (often coupled with local <br /> politics) to developing a separate Title 14 closure plan or <br /> conducting additional work to include the requirements of Title <br /> 14. <br /> It is logical that the operator combine the work required for <br /> both Subchapter 15 and Title 14 closure plans. This may not <br /> always occur as the operator or his consultants are more usually <br /> concerned with addressing only the requirements of Subchapter 15 <br /> and are often unaware of, or ignore, the requirements of Title <br /> 14. It also seems to be more usual that copies of closure <br /> actions by the Regional Boards rarely get to the LEAs in time for <br />