Section 601.340  Termination of License and Site Transfer

a)         Following the period of post-closure care specified in Section 601.330, the licensee shall submit a report to the Agency regarding the projected long term performance of the disposal site and shall apply for an amendment to terminate the license and transfer the title and custody of the facility to the State.

b)         This application will be reviewed in accordance with the provisions of this Part and 32 Ill. Adm. Code 330.

c)         A license will be terminated only if the Agency finds that:

1)         The requirements of 32 Ill. Adm. Code 330 and this Part have been met;

2)         The closure of the disposal facility has been made in conformance with the licensee's closure plan, as amended and approved as part of the license;

                        3)         The performance objectives of this Part are met;

4)         Any additional requirements resulting from new information developed during the post-closure period have been met and permanent monuments or markers warning against intrusion have been installed;

5)         The licensee has met all contractual requirements;

6)         Facility records and any funds held by the licensee for the institutional control plan have been transferred to the State;

7)         The post-closure monitoring program is operational for implementation by the State agency that will assume responsibility for institutional control of the disposal site; and

8)         The State agency that will assume responsibility for institutional control of the disposal site is prepared to assume responsibility and ensure that the institutional control requirements found necessary under Section 601.90 will be met.

AGENCY NOTE:  The State will implement the institutional control plan, that will physically control access to the disposal site following transfer of control of the disposal site from the licensee and termination of the license.  The institutional control program shall include, but not be limited to, carrying out an environmental monitoring program at the disposal site, periodic surveillance, minor custodial care, other requirements as determined by the State, and administration of funds to cover the costs for these activities.  Under 10 CFR 61.59, controls may not be relied upon for more than 100 years following transfer of control of the disposal site by the licensee.  It is the Agency's intention that controls will remain as long as they are necessary to protect the public health and safety and the environment.