§ 290.411. Storage impoundments—operating requirements.
(a) At least 8 feet shall be maintained between the bottom of the subbase of the liner system and the top of the confining layer or the shallowest level below the bottom of the subbase where groundwater occurs as a result of upward leakage from natural or other preexisting causes. The integrity of the confining layer may not be compromised by excavation.
(b) The edge of the liner shall be clearly marked.
(c) A fence or other suitable barrier shall be maintained around the coal ash storage area, including impoundments, leachate collection and treatment systems sufficient to prevent unauthorized access, unless the Department approves, in the permit, an alternative means of protecting access to the area that afford an equivalent degree of protection.
(d) The person shall implement fugitive air contaminant control measures and otherwise prevent and control air pollution in accordance with the Air Pollution Control Act (35 P. S. § § 4001—4015); Article III (relating to air resources) and § 289.228 (relating to nuisance minimization and control). Minimization and control measures must include the following:
(1) Ensuring that operation of the coal ash storage impoundment will not cause or contribute to an exceedance of an ambient air quality standard under § 131.3 (relating to ambient air quality standards).
(2) Minimizing the generation of fugitive dust emissions from the coal ash storage impoundment.
(e) The person shall implement water quality monitoring, as required under Subchapter D (relating to quality monitoring).
(f) A person that stores coal ash in a coal ash storage impoundment shall remove coal ash from the impoundment as follows:
(1) Without damage to the impoundment.
(2) Inspect the liner to ensure its integrity, and make necessary repairs prior to returning the impoundment to service.
(3) Provide for the beneficial use of the removed coal ash in accordance with this chapter.
(4) Removal from the impoundment shall be sufficient such that the coal ash is not accumulated speculatively.
Cross References This section cited in 25 Pa. Code § 290.408 (relating to storage impoundments—scope).
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