---
kind: "section"
citation: "40 C.F.R. § 265.228"
title: "40"
number: "265.228"
heading: "Closure and post-closure care."
url: "https://uscodex.org/cfr/40/265.228"
---

# §265.228. Closure and post-closure care.

- (a) **At closure, the owner or operator must—**
  - (1) Remove or decontaminate all waste residues, contaminated containment system components (liners, etc.), contaminated subsoils, and structures and equipment contaminated with waste and leachate, and manage them as hazardous waste unless [§ 261.3(d)](/cfr/40/261.3.md?p=d) of this chapter applies; or
  - (2) Close the impoundment and provide post-closure care for a landfill under [subpart G](/cfr/40/subpartG.md) and [§ 265.310](/cfr/40/265.310.md), including the following:
    - (i) Eliminate free liquids by removing liquid wastes or solidifying the remaining wastes and waste residues;
    - (ii) Stabilize remaining wastes to a bearing capacity sufficient to support the final cover; and
    - (iii) **Cover the surface impoundment with a final cover designed and constructed to—**
      - (A) Provide long-term minimization of the migration of liquids through the closed impoundment;
      - (B) Function with minimum maintenance;
      - (C) Promote drainage and minimize erosion or abrasion of the cover;
      - (D) Accommodate settling and subsidence so that the cover's integrity is maintained; and
      - (E) Have a permeability less than or equal to the permeability of any bottom liner system or natural subsoils present.
- (b) In addition to the requirements of [subpart G](/cfr/40/subpartG.md), and [§ 265.310](/cfr/40/265.310.md), during the post-closure care period, the owner or operator of a surface impoundment in which wastes, waste residues, or contaminated materials remain after closure in accordance with the provisions of [paragraph (a)(2)](#a-2) of this section must:
  - (1) Maintain the integrity and effectiveness of the final cover, including making repairs to the cover as necessary to correct the effects of settling, subsidence, erosion, or other events;
  - (2) Maintain and monitor the leak detection system in accordance with §§ [264.221(c)(2)(iv)](/cfr/40/264.221.md?p=c-2-iv) and [(3)](/cfr/40/264.221.md?p=c-2-3) of this chapter and 265.226(b) and comply with all other applicable leak detection system requirements of this part;
  - (3) Maintain and monitor the ground-water monitoring system and comply with all other applicable requirements of subpart F of this part; and
  - (4) **Prevent run-on and run-off from eroding or otherwise damaging the final cover.**

## Notes

### Amendments

[52 FR 8708, Mar. 19, 1987, as amended at 57 FR 3493, Jan. 29, 1992; 71 FR 40275, July 14, 2006]

### Authority

Authority: 42 U.S.C. 6905, 6906, 6912, 6922, 6923, 6924, 6925, 6935, 6936, 6937, and 6939g.

### Source

Source: 45 FR 33232, May 19, 1980, unless otherwise noted.

### Amendments

[52 FR 8708, Mar. 19, 1987, as amended at 57 FR 3493, Jan. 29, 1992; 71 FR 40275, July 14, 2006]