§ 290.402. Duration of storage.
(a) Coal ash may not be stored as follows:
(1) For more than 1 year unless a minimum of 75% of the volume of the coal ash being stored is used or processed for beneficial use in the previous calendar year commencing on January 1st.
(2) For more than 90 days unless it is stored on an impermeable floor or pad and either in an enclosed facility or in an area where runoff is collected and treated. The Department may waive or modify, in writing, this requirement if there is no runoff from the storage.
(b) The Department will presume that a person storing coal ash contrary to subsection (a) is operating a waste disposal facility and is subject to the applicable requirements of the act and regulations thereunder for waste disposal.
(c) A person that stores coal ash shall maintain for a minimum of 3 years accurate operational records that are sufficiently detailed to demonstrate to the Department that coal ash is being stored under subsection (a). The records shall be made available to the Department upon request. The presumption in subsection (b) may be overcome by the operational records required by this subsection.
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