A.

the activities required to comply with the approved closure plan will, of necessity, take longer than 90 days to complete; or

B.

the hazardous waste management unit or facility has the capacity to receive additional hazardous waste, or has the capacity to receive nonhazardous waste if the owner or operator complies with subpart 2a, there is a reasonable likelihood that the owner or operator or another person will recommence operation of the unit or facility within one year, and closure of the unit or facility would be incompatible with continued operation of the site; and

C.

the owner or operator complies with all applicable requirements for requesting a modification to the permit.

If the owner or operator of a facility required to maintain financial assurance for closure, postclosure care, or corrective action fails to make a required payment or to substitute alternative financial assurance when required to do so, the commissioner shall order the owner or operator to begin closure activities.

A.

the partial or final closure activities will, of necessity, take longer than 180 days to complete; or

B.

the hazardous waste management unit or facility has capacity to receive additional hazardous waste, or has the capacity to receive nonhazardous waste if the owner or operator complies with subpart 2a, there is a reasonable likelihood the owner or operator or another person will recommence operation of the unit or facility within one year, and closure of the unit or facility would be incompatible with continued operation of the site; and

C.

the owner or operator complies with all applicable requirements for requesting a modification to the permit.

If operation of the site is recommended, the commissioner may defer completion of closure activities until the new operation is terminated.

A.

the owner or operator requests a permit modification in compliance with all applicable requirements of chapter 7001 and in the permit modification request demonstrates that:

B.

the request to modify the permit includes an amended waste analysis plan required under part 7045.0458, groundwater monitoring and response program required under part 7045.0484, human exposure assessment required under parts 7001.0590 and 7001.0620, closure and postclosure plans required under parts 7045.0486 and 7045.0490, and updated cost estimates and demonstration of financial assurance for closure and postclosure care as necessary and appropriate required under parts 7045.0502 to 7045.0508, to reflect any changes due to the presence of hazardous constituents in the nonhazardous wastes, and changes in closure activities required under part 7045.0488, including the expected year of closure if applicable under part 7045.0486, subpart 4, as a result of the receipt of nonhazardous wastes following the final receipt of hazardous wastes;

C.

the request to modify the permit includes revisions, as necessary and appropriate, to affected conditions of the permit to account for the receipt of nonhazardous wastes following receipt of the final volume of hazardous wastes; and

D.

the request to modify the permit and the demonstrations referred to in items A and B are submitted to the commissioner no later than 120 days before the date on which the owner or operator of the facility receives the known final volume of hazardous wastes at the unit.

If the owner or operator of a surface impoundment is not in compliance with the liner and leachate collection system minimum technology requirements of part 7045.0532, subpart 3, the owner or operator may not delay closure in order to accept nonhazardous wastes.