R315-319-61. Wetlands

  (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).