R315-265-222. Surface Impoundments -- Action Leakage Rate

  (a) The owner or operator of surface impoundment units subject to Subsection R315-265-221(a) shall submit a proposed action leakage rate to the Director when submitting the notice required under Subsection R315-265-221(b). Within 60 days of receipt of the notification, the Director will: Establish an action leakage rate, either as proposed by the owner or operator or modified using the criteria in Section R315-265-222; or extend the review period for up to 30 days. If no action is taken by the Director before the original 60 or extended 90 day review periods, the action leakage rate will be approved as proposed by the owner or operator.

  (b) The Director shall approve an action leakage rate for surface impoundment units subject to Subsection R315-265-221(a). The action leakage rate is the maximum design flow rate that the leak detection system (LDS) can remove without the fluid head on the bottom liner exceeding 1 foot. The action leakage rate shall include an adequate safety margin to allow for uncertainties in the design, for example, slope, hydraulic conductivity, and thickness of drainage material, construction, operation, and location of the LDS, waste and leachate characteristics, likelihood and amounts of other sources of liquids in the LDS, and proposed response actions, for example, the action leakage rate must consider decreases in the flow capacity of the system over time resulting from siltation and clogging, rib layover and creep of synthetic components of the system, overburden pressures, etc.

  (c) To determine if the action leakage rate has been exceeded, the owner or operator shall convert the weekly or monthly flow rate from the monitoring data obtained under Subsection R315-265-226(b), to an average daily flow rate, gallons per acre per day, for each sump. Unless the Director approves a different calculation, the average daily flow rate for each sump shall be calculated weekly during the active life and closure period, and if the unit closes in accordance with Subsection R315-265-228(a)(2), monthly during the post-closure care period when monthly monitoring is required under Subsection R315-265-226(b).