Current through Register Vol. 48, No. 38, September 20, 2024
a) The owner or
operator of surface impoundment units subject to Section
725.321(a)
must develop and keep on site a response action plan. The response action plan
must set forth the actions to be taken if the action leakage rate has been
exceeded. At a minimum, the response action plan must describe the actions
specified in subsection (b).
b) If
the flow rate into the LDS exceeds the action leakage rate for any sump, the
owner or operator must do the following:
1)
Notify the Agency in writing of the exceedance within seven days after the
determination;
2) Submit a
preliminary written assessment to the Agency within 14 days of the
determination, as to the amount of liquids; likely sources of liquids; possible
location, size, and cause of any leaks; and short-term actions taken and
planned;
3) Determine to the extent
practicable the location, size, and cause of any leak;
4) Determine whether waste receipt should
cease or be curtailed; whether any waste should be removed from the unit for
inspection, repairs, or controls; and whether or not the unit should be
closed;
5) Determine any other
short-term and longer-term actions to be taken to mitigate or stop any leaks;
and
6) Within 30 days after the
notification that the action leakage rate has been exceeded, submit to the
Agency the results of the determinations specified in subsections (b)(3)
through (b)(5), the results of actions taken, and actions planned. Monthly
thereafter, as long as the flow rate in the LDS exceeds the action leakage
rate, the owner or operator must submit to the Agency a report summarizing the
results of any remedial actions taken and actions planned.
c) To make the leak or remediation
determinations in subsections (b)(3) through (b)(5), the owner or operator must
do either of the following:
1) Perform the
following assessments:
A) Assess the source of
liquids and amounts of liquids by source;
B) Conduct a fingerprint, hazardous
constituent, or other analyses of the liquids in the LDS to identify the source
of liquids and possible location of any leaks, and the hazard and mobility of
the liquid; and
C) Assess the
seriousness of any leaks in terms of potential for escaping into the
environment; or
2)
Document why such assessments are not needed.
d) Final Agency determinations pursuant to
this Section are deemed to be permit denials for purposes of appeal to the
Board pursuant to Section 40 of the Environmental Protection Act.
