§ 290.412. Storage impoundments—failure.
(a) If a coal ash storage impoundment fails, the person storing coal ash shall immediately:
(1) Stop adding coal ash to the impoundment.
(2) Contain any discharge that has occurred or is occurring.
(3) Empty the impoundment in a manner approved by the Department, if leaks cannot be stopped.
(4) Notify the Department of the failure of the impoundment and the measures taken to remedy the failure.
(b) A coal ash storage impoundment that has been removed from service due to failure may not be restored to service unless the following conditions are met:
(1) The impoundment has been repaired.
(2) The repair has been certified to the Department, in writing, by a registered professional engineer.
(3) The Department has approved, in writing, the restoration of the impoundment to service.
(c) If a storage impoundment fails and the impoundment or surrounding area cannot be cleaned up in a manner that is satisfactory to the Department, the impoundment shall be closed in accordance with this section.
Cross References This section cited in 25 Pa. Code § 290.408 (relating to storage impoundments—scope).
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