§ 290.102. Use as structural fill.
(a) At least 60 days before using coal ash as structural fill, the person proposing the use shall submit a written proposal to the Department. The written proposal must contain, at a minimum, the following information:
(1) A description of the nature, purpose and location of the project, including a topographic map showing the project and available soils maps of the area of the project.
(2) The estimated beginning and ending dates for the project.
(3) Construction plans for the structural fill, including a stability analysis when necessary, which shall be prepared by a licensed professional engineer in accordance with sound engineering practices and which shall be signed and sealed by the engineer.
(4) An estimate of the volume of coal ash to be used for the project.
(5) A total chemical and leaching analysis under § 290.201(a)(1) and (2) (relating to coal ash certification) for the coal ash to be used in the project. If the coal ash was generated at a facility for which the Department has previously approved a chemical and leaching analysis and the analysis is not older than 1 year, the person may submit a copy of the analysis that was approved.
(6) A signed statement by the owner of the land on which the structural fill is to be placed, acknowledging and consenting to the beneficial use of coal ash as structural fill.
(7) The statement by the landowner in paragraph (6) shall be a recordable document for any project, or set of contiguous projects involving placement of more than 10,000 tons of coal ash per acre or more than 100,000 tons of coal ash in total per project. Prior to beneficial use of more than 10,000 tons of coal ash per acre or more than 100,000 tons of coal ash in total per project under this section, the statement by the landowner shall be recorded at the office of the recorder of deeds in the county in which the proposed coal ash beneficial use will take place.
(b) A person proposing to use coal ash as structural fill where more than 10,000 tons of coal ash per acre will be used on a project or more than 100,000 tons of coal ash in total will be used at a project shall place, at the time of filing a written proposal with the Department, a public notice in a local newspaper of general circulation in the locality of the proposed coal ash beneficial use activities at least once a week for 3 consecutive weeks. Contiguous projects will be considered a single project for purposes of this section. A copy of the public notice shall be provided to the local municipality and proof of public notice shall be submitted to the Department. At a minimum, the public notice must contain the following information:
(1) The name and business address of the person proposing to beneficially use coal ash.
(2) A brief description of the location and scope of the proposed beneficial use.
(3) The location of the Department office where a copy of the written proposal submitted to the Department is available for public inspection.
(c) The Department may require public notice for projects involving less than 10,000 tons of coal ash per acre or less than 100,000 tons of coal ash in total if the Department determines that the proposed beneficial use activities are of significant interest to the public or site conditions warrant.
(d) The Department will publish a summary of each written proposal in the Pennsylvania Bulletin.
(e) After receiving the information required under subsection (a), the Department will inform, in writing, the person that provided the information whether the proposed use of coal ash as structural fill is consistent with this section.
(f) For coal ash being beneficially used as a structural fill, the following additional requirements must be satisfied:
(1) The pH of the coal ash as placed must be 7.0 or above, unless otherwise approved by the Department. Lime may be added to raise pH. The pH of the coal ash may not be above 9.0 during placement and storage at the site of placement unless public access is restricted.
(2) The slope of a structural fill may not be greater than 2.5 horizontal to 1.0 vertical. The Department may approve a greater slope based on a demonstration of structural stability.
(3) Coal ash shall be spread uniformly and compacted in layers not exceeding 2 feet in thickness. The coal ash shall be spread and compacted within 24 hours of its delivery to the site unless stored in accordance with Subchapter E (relating to coal ash storage).
(4) Surface runoff from the fill area shall be minimized during filling and construction activity. Stormwater shall be managed in accordance with The Clean Streams Law (35 P. S. § § 691.1—691.1001) and the regulations promulgated thereunder.
(5) Surface water shall be diverted away from the disturbed area during filling and construction activity.
(6) Coal ash shall be covered with 12 inches of soil, unless infiltration is prevented by other cover material.
(7) Coal ash must achieve a minimum compaction of 90% of the maximum dry density as determined by the Modified Proctor Test, or 95% of the maximum dry density as determined by the Standard Proctor Test.
(8) The offsite dispersion of dust from coal ash and other materials shall be minimized.
(g) Coal ash used as structural fill may not be located:
(1) Within 100 feet of an intermittent or perennial stream or within 300 feet of exceptional value or high quality waters as defined in § 93.1 (relating to definitions), unless the structural fill is otherwise protected by a properly engineered diversion or structure that is permitted by the Department under the Dam Safety and Encroachments Act (32 P. S. § § 693.1—693.27).
(2) Within 300 feet of a water supply unless the person obtains, in a form acceptable to the Department, a written waiver from the owner of the water supply, allowing for another distance.
(3) Within 25 feet of a bedrock outcrop, unless the outcrop is properly treated to minimize infiltration into fractured zones or otherwise approved by the Department.
(4) Within 100 feet of a sinkhole or area draining into a sinkhole.
(5) Within a 100-year floodplain of a water of this Commonwealth, unless a properly engineered dike, levee or other structure that can protect the structural fill from a 100-year flood is permitted by the Department in a manner that is consistent with the Flood Plain Management Act (32 P. S. § § 679.101—679.601), the Storm Water Management Act (32 P. S. § § 680.1—680.17) and the Dam Safety and Encroachments Act.
(6) In or within 100 feet of a wetland, other than an exceptional value wetland.
(7) In or within 300 feet of an exceptional value wetland.
(h) A person that proposed more than 10,000 tons of coal ash per acre or more than 100,000 tons of coal ash in total at any project or contiguous projects shall submit to the Department prior to January 31 an annual report for the previous calendar year that includes contact information, the location of the site where the coal ash was utilized, the identity of each source of coal ash, and the volume in cubic yards and the weight in dry tons for each source.
(i) A person beneficially using coal ash under this section shall notify the Department within 72 hours of any evidence that the material does not meet the chemical standards or physical property requirements in § 290.201.
Cross References This section cited in 25 Pa. Code § 290.101 (relating to general requirements for beneficial use); and 25 Pa. Code § 290.106 (relating to other beneficial uses).
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