R315-264-227. Emergency Repairs; Contingency Plans

  (a) A surface impoundment shall be removed from service in accordance with Subsection R315-264-227(b) when:

  (1) The level of liquids in the impoundment suddenly drops and the drop is not known to be caused by changes in the flows into or out of the impoundment; or

  (2) The dike leaks.

  (b) When a surface impoundment shall be removed from service as required by Subsection R315-264-227(a), the owner or operator shall:

  (1) Immediately shut off the flow or stop the addition of wastes into the impoundment;

  (2) Immediately contain any surface leakage which has occurred or is occurring;

  (3) Immediately stop the leak;

  (4) Take any other necessary steps to stop or prevent catastrophic failure;

  (5) If a leak cannot be stopped by any other means, empty the impoundment; and

  (6) Notify the Director of the problem in writing within seven days after detecting the problem.

  (c) As part of the contingency plan required in Sections R315-264-50 through 56, the owner or operator shall specify a procedure for complying with the requirements of Subsection R315-264-227(b).

  (d) No surface impoundment that has been removed from service in accordance with the requirements of Section R315-264-227 may be restored to service unless the portion of the impoundment which was failing is repaired and the following steps are taken:

  (1) If the impoundment was removed from service as the result of actual or imminent dike failure, the dike's structural integrity shall be recertified in accordance with Subsection R315-264-226(c).

  (2) If the impoundment was removed from service as the result of a sudden drop in the liquid level, then:

  (i) For any existing portion of the impoundment, a liner shall be installed in compliance with Subsection R315-264-221(a); and

  (ii) For any other portion of the impoundment, the repaired liner system shall be certified by a qualified engineer as meeting the design specifications approved in the permit.

  (e) A surface impoundment that has been removed from service in accordance with the requirements of Section R315-264-227 and that is not being repaired shall be closed in accordance with the provisions of Section R315-264-228.