§ 290.101. General requirements for beneficial use.
(a) Coal ash may be beneficially used without a permit from the Department under the act if the person proposing the use complies with this chapter.
(b) Chemical analysis must demonstrate that the coal ash does not exceed any of the maximum acceptable leachate levels in § 290.201(a) (relating to coal ash certification) when coal ash is proposed to be used under § § 290.102—290.105 or § 290.106(a)(3) or (7). The minimum sampling and analysis procedures must satisfy the requirements in § 290.201(b) and (d).
(c) The coal ash must satisfy the physical characteristics for the intended use in § 290.201(a).
(d) A water quality monitoring plan in accordance with § 290.301 (relating to water quality monitoring) and, if applicable, Chapters 86—90 shall be developed and implemented if either more than 10,000 tons of coal ash per acre or more than 100,000 tons of coal ash in total will be used as structural fill, at a coal mining activity site, or at an abandoned mine land site. Contiguous projects will be considered a single project for purposes of this section. The Department may require a water quality monitoring plan for projects involving lesser quantities of coal ash or for other beneficial uses of coal ash where site conditions warrant.
(e) Coal ash may not be placed within 8 feet of the water table, except where coal ash is used for mine subsidence control, mine fire control or mine sealing under § 290.106(a)(7) (relating to other beneficial uses).
(f) Coal ash may not be used in a way that causes water pollution.
Cross References This section cited in 25 Pa. Code § 290.105 (relating to beneficial use at abandoned mine lands); and 25 Pa. Code § 290.301 (relating to water quality monitoring).
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