Revisor ID: R-04878
This rulemaking will be referred to as the Solid Waste Facilities Exiting Postclosure Care Rule.
The MPCA plans to amend Minnesota Rules chapter 7035 on solid waste, which establishes solid waste management facility general technical requirements. The planned amendments specifically affect Minn. R. 7035.2655, subd. 1(A), relating to the postclosure care period and use of property for landfills and other solid waste disposal facilities.
Current rules require a facility to continue postclosure care “for at least 20 years” but do not specify what would require a postclosure care period of more than that minimum, or what steps a facility should take to formally close the postclosure care period. The proposed amendment would add rule language establishing that to complete the postclosure care period, facilities need the MPCA commissioner’s approval, which will be based on monitoring results for the following data:
- gas
- leachate
- ground and surface water
- any other pertinent information required to protect human health and the environment
Minnesota Session Laws 2024, chapter 116, article 2, section 30 (b) states that the Commissioner may use the good-cause exemption under Minn. Stat. § 14.388, subd. 1(3), to adopt these rules, and that section 14.386 does not apply except as provided under section 14.388.
Background
This rulemaking focuses on the postclosure care period and use of property for landfills and other solid waste disposal facilities. Even after permitted landfills close, precipitation can percolate through landfilled waste to create contaminated fluids known as leachate and the waste may continue to generate gases as it decomposes. To avoid affecting nearby structures or polluting groundwater or surface water, these closed landfills must be monitored and managed with postclosure care for some time to protect the environment and human health.
The MPCA has established postclosure care exit evaluation guidance for closed landfills.
This rulemaking proposes to revise the current rule language, which requires solid waste disposal facilities to engage in a minimum of 20 years of postclosure care, to clearly specify how the MPCA will determine that the facility has met the requirements for ending the postclosure care period safely after that 20-year minimum.
Tentative schedule
| Dates | Task(s) |
|---|---|
| December 2024 | Notice of submission |
| TBD | Five-day public comment period closes |
| TBD | Final adoption of rules |
