(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 40 Code of Federal Regulations §§264.117-264.120, including maintenance and monitoring throughout the post-closure care period (specified in the permit under 40 Code of Federal Regulations §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 40 CFR §264.301(c)(3)(iv) and (4) and §264.303(c), and comply with all other applicable leak detection system requirements of this subchapter.
  (4) maintain and monitor the groundwater monitoring system and comply with all other applicable requirements of §§335.156-335.166 of this title (relating to Applicability of Groundwater Monitoring and Response; Required Programs; Groundwater Protection Standard; Hazardous Constituents; Concentration Limits; Point of Compliance; Compliance Period; General Groundwater Monitoring Requirements; Detection Monitoring Program; Compliance Monitoring Program; and Corrective Action Program);
  (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 40 Code of Federal Regulations §264.309.

Source Note: The provisions of this §335.174 adopted to be effective May 28, 1986, 11 TexReg 2347; amended to be effective February 26, 1996, 21 TexReg 1142.