40 CFR §264.310
Verified against eCFR.gov as of June 20, 2026View official text on eCFR.gov ↗
- (a)At final closure of the landfill or upon closure of any cell, the owner or operator must cover the landfill or cell with a final cover designed and constructed to:
- (1)Provide long-term minimization of migration of liquids through the closed landfill;
- (2)Function with minimum maintenance;
- (3)Promote drainage and minimize erosion or abrasion of the cover;
- (4)Accommodate settling and subsidence so that the cover's integrity is maintained; and
- (5)Have a permeability less than or equal to the permeability of any bottom liner system or natural subsoils present.
- (b)After final closure, the owner or operator must comply with all post-closure requirements contained in §§ 264.117 through 264.120, including maintenance and monitoring throughout the post-closure care period (specified in the permit under § 264.117). The owner or operator must:
- (1)Maintain the integrity and effectiveness of the final cover, including making repairs to the cap as necessary to correct the effects of settling, subsidence, erosion, or other events;
- (2)Continue to operate the leachate collection and removal system until leachate is no longer detected;
- (3)Maintain and monitor the leak detection system in accordance with §§ 264.301(c)(3)(iv) and (4) and 264.303(c), and comply with all other applicable leak detection system requirements of this part;
- (4)Maintain and monitor the ground-water monitoring system and comply with all other applicable requirements of subpart F of this part;
- (5)Prevent run-on and run-off from eroding or otherwise damaging the final cover; and
- (6)Protect and maintain surveyed benchmarks used in complying with § 264.309.