§ 290.401. Design and operation.
(a) A person storing coal ash shall employ best engineering design and construction practices for all phases of construction and operation.
(b) A person may not store coal ash in a manner that exceeds the design capacity of the storage facility.
(c) The Department may require a person to install a water quality monitoring system in accordance with Subchapter D (relating to water quality monitoring) if storage of the coal ash has the potential to cause groundwater degradation.
(d) A person storing coal ash shall routinely inspect the facility, its equipment and the surrounding area for evidence of failure and shall immediately take necessary corrective actions. The person shall maintain records of inspections and corrective actions that were taken for a minimum of 3 years, and make the records available to the Department upon request.
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