(a) New CCR landfills, existing and new CCR
surface impoundments, and all lateral expansions of CCR units shall not be
located in wetlands, as defined in Section
R315-301-2, unless
the owner or operator demonstrates by the dates specified in Rule R315-319 (c)
that the CCR unit meets the requirements of Subsections R315-319-61(a)(1)
through (5).
(1) Where applicable under
section 404 of the Clean Water Act or applicable Utah wetlands laws, a clear
and objective rebuttal of the presumption that an alternative to the CCR unit
is reasonably available that does not involve wetlands.
(2) The construction and operation of the CCR
unit will not cause or contribute to any of the following:
(i) A violation of any applicable Utah or
federal water quality standard;
(ii) A violation of any applicable toxic
effluent standard or prohibition under section 307 of the Clean Water Act;
and
(iii) Jeopardize the continued
existence of endangered or threatened species or result in the destruction or
adverse modification of a critical habitat, protected under the Endangered
Species Act of 1973.
(3)
The CCR unit will not cause or contribute to significant degradation of
wetlands by addressing all of the following factors:
(i) Erosion, stability, and migration
potential of native wetland soils, muds and deposits used to support the CCR
unit;
(ii) Erosion, stability, and
migration potential of dredged and fill materials used to support the CCR
unit;
(iii) The volume and chemical
nature of the CCR;
(iv) Impacts on
fish, wildlife, and other aquatic resources and their habitat from release of
CCR;
(v) The potential effects of
catastrophic release of CCR to the wetland and the resulting impacts on the
environment; and
(vi) Any
additional factors, as necessary, to demonstrate that ecological resources in
the wetland are sufficiently protected.
(4) To the extent required under section 404
of the Clean Water Act or applicable state wetlands laws, steps have been taken
to attempt to achieve no net loss of wetlands, as defined by acreage and
function, by first avoiding impacts to wetlands to the maximum extent
reasonable as required by Subsections R315-319-61(a)(1) through (3), then
minimizing unavoidable impacts to the maximum extent reasonable, and finally
offsetting remaining unavoidable wetland impacts through all appropriate and
reasonable compensatory mitigation actions, e.g., restoration of existing
degraded wetlands or creation of man-made wetlands; and
(5) Sufficient information is available to
make a reasoned determination with respect to the demonstrations in Subsections
R315-319-61(a)(1) through (4).
(b) The owner or operator of the CCR unit
shall obtain a certification from a qualified professional engineer stating
that the demonstration meets the requirements of Subsection
R315-319-61(a).
(c) The owner or
operator of the CCR unit shall complete the demonstrations required by
Subsection R315-319-61(a) by the date specified in either Subsection
R315-319-61(c)(1) or (2).
(1) For an existing
CCR surface impoundment, the owner or operator shall complete the demonstration
no later than October 17, 2018.
(2)
For a new CCR landfill, new CCR surface impoundment, or any lateral expansion
of a CCR unit, the owner or operator shall complete the demonstration no later
than the date of initial receipt of CCR in the CCR unit.
(3) The owner or operator has completed the
demonstration required by Subsection R315-319-61(a) when the demonstration has
been submitted to and has received approval from the Director and the
demonstration is placed in the facility's operating record as required by
Subsection R315-319-105(e).
(4) An
owner or operator of an existing CCR surface impoundment who fails to
demonstrate compliance with the requirements of Subsection R315-319-61(a) by
the date specified in Subsection R315-319-61(c)(1) is subject to the
requirements of Subsection R315-319-101(b)(1).
(5) An owner or operator of a new CCR
landfill, new CCR surface impoundment, or any lateral expansion of a CCR unit
who fails to make the demonstrations showing compliance with the requirements
of Subsection R315-319-61(a) is prohibited from placing CCR in the CCR
unit.
(d) The owner or
operator shall comply with the recordkeeping requirements specified in
Subsection R315-319-105(e), the notification requirements specified in
Subsection R315-319-106(e), and the Internet requirements specified in
Subsection R315-319-107(e).