(a) The owner
or operator of an existing or new CCR surface impoundment or any lateral
expansion of a CCR surface impoundment shall design, construct, operate, and
maintain an inflow design flood control system as specified in Subsections
R315-319-82(a)(1) and (2).
(1) The inflow
design flood control system shall adequately manage flow into the CCR unit
during and following the peak discharge of the inflow design flood specified in
Subsection R315-319-82(a)(3).
(2)
The inflow design flood control system shall adequately manage flow from the
CCR unit to collect and control the peak discharge resulting from the inflow
design flood specified in Subsection R315-319-82(a)(3).
(3) The inflow design flood is:
(i) For a high hazard potential CCR surface
impoundment, as determined under Subsection R315-319-73(a)(2) or Subsection
R315-319-74(a)(2), the probable maximum flood;
(ii) For a significant hazard potential CCR
surface impoundment, as determined under Subsection R315-319-73(a)(2) or
Subsection R315-319-74(a)(2), the 1,000-year flood;
(iii) For a low hazard potential CCR surface
impoundment, as determined under Subsection R315-319-73(a)(2) or Subsection
R315-319-74(a)(2), the 100-year flood; or
(iv) For an incised CCR surface impoundment,
the 25-year flood.
(b) Discharge from the CCR unit shall be
handled in accordance with the surface water requirements under Subsection
R315-303-2(3).
(c) Inflow design flood control system plan
(1) Content of the plan. The owner or
operator shall prepare initial and periodic inflow design flood control system
plans for the CCR unit according to the timeframes specified in Subsections
R315-319-82(c)(3) and (4). These plans shall document how the inflow design
flood control system has been designed and constructed to meet the requirements
of Section R315-319-82. Each plan shall be supported by appropriate engineering
calculations. The owner or operator of the CCR unit has completed the inflow
design flood control system plan when the plan has been placed in the
facility's operating record as required by Subsection
R315-319-105(g)(4).
(2) Amendment
of the plan. The owner or operator of the CCR unit may amend the written inflow
design flood control system plan at any time provided the revised plan is
placed in the facility's operating record as required by Subsection
R315-319-105(g)(4). The owner or operator shall amend the written inflow design
flood control system plan whenever there is a change in conditions that would
substantially affect the written plan in effect.
(3) Timeframes for preparing the initial plan
(i) Existing CCR surface impoundments. The
owner or operator of the CCR unit shall prepare the initial inflow design flood
control system plan no later than October 17, 2016.
(ii) New CCR surface impoundments and any
lateral expansion of a CCR surface impoundment. The owner or operator shall
prepare the initial inflow design flood control system plan no later than the
date of initial receipt of CCR in the CCR unit.
(4) Frequency for revising the plan. The
owner or operator shall prepare periodic inflow design flood control system
plans required by Subsection R315-319-82(c)(1) every five years. The date of
completing the initial plan is the basis for establishing the deadline to
complete the first periodic plan. The owner or operator may complete any
required plan prior to the required deadline provided the owner or operator
places the completed plan into the facility's operating record within a
reasonable amount of time. In all cases, the deadline for completing a
subsequent plan is based on the date of completing the previous plan. For
purposes of Subsection R315-319-82(c)(4), the owner or operator has completed
an inflow design flood control system plan when the plan has been placed in the
facility's operating record as required by Subsection
R315-319-105(g)(4).
(5) The owner
or operator shall obtain a certification from a qualified professional engineer
stating that the initial and periodic inflow design flood control system plans
meet the requirements of Section R315-319-82.
(d) The owner or operator of the CCR unit
shall comply with the recordkeeping requirements specified in Subsection
R315-319-105(g), the notification requirements specified in Subsection
R315-319-106(g), and the internet requirements specified in Subsection
R315-319-107(g).