R315-319-71. Liner Design Criteria for Existing CCR Surface Impoundments

  (a)(1) No later than October 17, 2016, the owner or operator of an existing CCR surface impoundment shall document whether or not such unit was constructed with any one of the following:

  (i) A liner consisting of a minimum of two feet of compacted soil with a hydraulic conductivity of no more than 1 x 10-7 cm/sec;

  (ii) A composite liner that meets the requirements of Subsection R315-319-70(b); or

  (iii) An alternative composite liner that meets the requirements of Subsection R315-319-70(c).

  (2) The hydraulic conductivity of the compacted soil shall be determined using recognized and generally accepted methods.

  (3) An existing CCR surface impoundment is considered to be an existing unlined CCR surface impoundment if either:

  (i) The owner or operator of the CCR unit determines that the CCR unit is not constructed with a liner that meets the requirements of Subsection R315-319-71(a)(1)(i), (ii), or (iii); or

  (ii) The owner or operator of the CCR unit fails to document whether the CCR unit was constructed with a liner that meets the requirements of Subsection R315-319-71 (a)(1)(i), (ii), or (iii).

  (4) All existing unlined CCR surface impoundments are subject to the requirements of Subsection R315-319-101(a).

  (b) The owner or operator of the CCR unit shall obtain a certification from a qualified professional engineer attesting that the documentation as to whether a CCR unit meets the requirements of Subsection R315-319-71(a) is accurate.

  (c) The owner or operator of the CCR unit shall comply with the recordkeeping requirements specified in Subsection R315-319-105(f), the notification requirements specified in Subsection R315-319-106(f), and the Internet requirements specified in Subsection R315-319-107(f).