Current through Register Vol. 48, No. 38, September 20, 2024
a)
Except as provided for in subsection (b), the owner or operator must complete
closure of existing and new CCR surface impoundments, and any lateral expansion
of a CCR surface impoundment, within the timeframe approved by the Agency in
the final closure plan, or within five years of obtaining a construction permit
for closure, whichever is less.
b)
Extensions of Closure Timeframes
1) The
timeframes for completing closure of a CCR surface impoundment specified under
subsection (a) may be extended if the owner or operator has demonstrated to the
Agency that it was not feasible to complete closure of the CCR surface
impoundment within the required timeframes due to factors beyond the facility's
control.
2) The demonstration must
include a narrative explaining the basis for additional time.
3) The owner or operator must submit the
demonstration to the Agency with a renewal construction permit application for
closure.
4) Factors that may
support a demonstration include:
A)
Complications stemming from the climate and weather, such as unusual amounts of
precipitation or a significantly shortened construction season;
B) Time required to dewater a surface
impoundment due to the volume of CCR contained in the CCR surface impoundment
or the characteristics of the CCR in the surface impoundment;
C) Statement that the geology and terrain
surrounding the CCR surface impoundment will affect the amount of material
needed to close the CCR surface impoundment; or
D) Time required or delays caused by the need
to coordinate with and obtain necessary approvals and permits from the Agency
or other agencies.
c) Maximum Time Extensions
1) CCR surface impoundments of 40 acres or
smaller that are not closing by removal may extend the time to complete closure
by no longer than two years.
2) CCR
surface impoundments larger than 40 acres that are not closing by removal may
extend the timeframe to complete closure of the CCR surface impoundment
multiple times, in two-year increments. For each two-year extension sought, the
owner or operator must substantiate the factual circumstances demonstrating the
need for the extension. No more than a total of five two-year extensions may be
obtained for any CCR surface impoundment.
3) CCR surface impoundments that are closing
by removal may extend the time to complete closure multiple times, in two-year
increments. For each two-year extension sought, the owner or operator must
substantiate the factual circumstances demonstrating the need for the
extension. In no instance may the time allowed for closure by removal be
extended beyond the completion of a groundwater corrective action as required
by Section 845.680(c)(1).
d) In order to obtain an additional time
extension to complete closure of a CCR surface impoundment beyond the times
provided by subsection (a), the owner or operator of the CCR surface
impoundment must include with the demonstration required by subsection (b) the
following statement signed by the owner or operator or an authorized
representative:
I certify under penalty of law that I have personally
examined and am familiar with the information submitted in this demonstration
and all attached documents, and that, based on my inquiry of those individuals
immediately responsible for obtaining the information, I believe that the
submitted information is true, accurate, and complete. I am aware that there
are significant penalties for submitting false information, including the
possibility of fine and imprisonment.
e) Upon completion of all closure activities
required by this Part and approved in the final closure plan, the owner or
operator of the CCR surface impoundment must submit to the Agency a closure
report and a closure certification.
1) The
closure report must contain supporting documentation, including:
A) Engineering and hydrogeology reports,
including monitoring well completion reports and boring logs, all CQA reports,
certifications, and designations of CQA officers-in-absentia required by
Section
845.290;
B) Photographs, including time, date and
location information of the photographs, of the final cover system and
groundwater collection system, if applicable, and any other photographs relied
upon to document construction activities;
C) A written summary of closure requirements
and completed activities as stated in the closure plan and this Part;
and
D) Any other information relied
upon by the qualified professional engineer in making the closure
certification.
2) The
closure certification must include a statement from a qualified professional
engineer that closure has been completed in accordance with the Agency-approved
final closure plan and the requirements of this Section.
3) The owner or operator must place the
closure report and certification in the facility's operating record as required
by Section 845.800(d)(24).
f) Within 30 days after the Agency's approval
of the closure report and closure certification submitted under subsection (e),
the owner or operator must prepare a notification of closure of the CCR surface
impoundment. The notification must include the certification by a qualified
professional engineer required by subsection (e)(2). The owner or operator must
place the notification in the facility's operating record as required by
Section 845.800(d)(25).
g) If an
owner or operator of a CCR surface impoundment has completed closure of the CCR
surface impoundment before April 21, 2021, the owner or operator must notify
the Agency of the completed closure by September 30, 2021, if that notification
has not previously been submitted.
h) Deed Notations
1) Following closure of a CCR surface
impoundment, the owner or operator must record a notation on the deed to the
property, or some other instrument that is normally examined during title
search.
2) The notation on the deed
must in perpetuity notify any potential purchaser of the property that:
A) The land has been used as a CCR surface
impoundment; and
B) Its use is
restricted under the post-closure care requirements as provided by Section
845.780(d)(1)(C) or groundwater monitoring requirements in Section
845.740(b).
3) Within 30
days after recording a notation on the deed to the property, the owner or
operator must submit to the Agency a notification stating that the notation has
been recorded. The owner or operator must place the notification in the
facility's operating record as required by 845.800(d)(26).
