Ala. Admin. Code r. 335-13-15-.07

Current through Register Vol. 42, No. 7, April 30, 2024

Section 335-13-15-.07 - Closure And Post-Closure Care

(1) Inactive CCR surface impoundments.

(a) Inactive CCR surface impoundments are subject to all of the requirements of this chapter applicable to existing CCR surface impoundments.

(b) [Reserved]

(c) [Reserved]

(d) [Reserved]

(e) Timeframes for certain inactive CCR surface impoundments.

1. An inactive CCR surface impoundment for which the owner or operator has completed the actions by the deadlines specified in 335-13-15-.07(1)(e)1.(i) through (ii) is eligible for the alternative timeframes specified in 335-13-15-.07(1)(e)2. through 6. The owner or operator of the CCR unit must comply with the applicable recordkeeping, notification, and internet requirements associated with these provisions. For the inactive CCR surface impoundment:

(i) The owner or operator must have prepared and placed in the facility's operating record by December 17, 2015, a notification of intent to initiate closure of the inactive CCR surface impoundment pursuant to 335-13-15-.08(1)(i)1.;

(ii) The owner or operator must have provided notification to the Director by January 19, 2016, of the intent to initiate closure of the inactive CCR surface impoundment pursuant to 335-13-15-.08(2)(i)1; and

(iii) The owner or operator must have placed on its CCR website by January 19, 2016, the notification of intent to initiate closure of the inactive CCR surface impoundment pursuant to 335-13-15-.08(3)(i)1.

2. Location restrictions.

(i) No later than April 16, 2020, the owner or operator of the inactive CCR surface impoundment must:

(I) Complete the demonstration for placement above the uppermost aquifer as set forth by 335-13-15-.03(1)(a), (b), (c) and (d) 3.;

(II) Complete the demonstration for wetlands as set forth by 335-13-15-.03(2)(a), (b), and (c) 3.;

(III) Complete the demonstration for fault areas as set forth by 335-13-15-.03(3)(a), (b), and (c) 3.;

(IV) Complete the demonstration for seismic impact zones as set forth by 335-13-15-.03(4)(a), (b), and (c) 3.; and

(V) Complete the demonstration for unstable areas as set forth by 335-13-15-.03(5)(a), (b), (c), and (d) 3.

(ii) An owner or operator of an inactive CCR surface impoundment who fails to demonstrate compliance with the requirements of 335-13-15-.07(1)(e)2.(i) is subject to the closure requirements of 335-13-.15 -.07(2)(b)1.

3. Design criteria. The owner or operator of the inactive CCR surface impoundment must:

(i) No later than April 17, 2018, complete the documentation of liner type as set forth by 335-13-15-.04(2)(a) and (b).

(ii) No later than June 16, 2017, place on or immediately adjacent to the CCR unit the permanent identification marker as set forth by 335-13-15-.04(4)(a)1.

(iii) No later than October 16, 2018, prepare and maintain an Emergency Action Plan as set forth by 335-13-15-.04(4)(a)3.

(iv) No later than April 17, 2018, compile a history of construction as set forth by 335-13-15-.04(4)(b) and (c).

(v) No later than April 17, 2018, complete the initial hazard potential classification, structural stability, and safety factor assessments as set forth by 335-13-15-.04(4)(a)2., (b), (d), (e), and (f).

4. Operating criteria. The owner or operator of the inactive CCR surface impoundment must:

(i) No later than April 18, 2017, prepare the initial CCR fugitive dust control plan as set forth in 335-13-15-.05(1)(b).

(ii) No later than April 17, 2018, prepare the initial inflow design flood control system plan as set forth in 335-13-15-.05(3)(c).

(iii) No later than April 18, 2017, initiate the inspections by a qualified person as set forth by 335-13-15-.05(4)(a).

(iv) No later than July 19, 2017, complete the initial annual inspection by a qualified professional engineer as set forth by 335-13-15-.05(4)(b).

5. Groundwater monitoring and corrective action. The owner or operator of the inactive CCR surface impoundment must:

(i) No later than April 17, 2019, comply with groundwater monitoring requirements set forth in 335-13-15-.06(1)(b) and 335-13-15-.06(5)(b); and

(ii) No later than August 1, 2019, prepare the initial groundwater monitoring and corrective action report as set forth in 335-13-15-.06(1)(e).

6. Closure and post-closure care. The owner or operator of the inactive CCR surface impoundment must:

(i) No later than April 17, 2018, prepare an initial written closure plan as set forth in 335-13-15-.07(3)(b); and

(ii) No later than April 17, 2018, prepare an initial written post-closure care plan as set forth in 335-13-15-.07(5)(d).

(2) Closure or retrofit of CCR units.

(a) The owner or operator of an existing unlined CCR surface impoundment, as determined under 335-13-15-.04(2)(a), is subject to the requirements of 335-13-15-.07(2)(a)1.

1. Except as provided by 335-13-15-.07(2)(a)3., as soon as technically feasible, but not later than April 11, 2021, an owner or operator of an existing unlined CCR surface impoundment must cease placing CCR and non-CCR wastestreams into such CCR surface impoundment and either retrofit or close the CCR unit in accordance with the requirements of 335-13-15-.07(3).

2. An owner or operator of an existing unlined CCR surface impoundment that closes in accordance with 335-13-15-.07(2)(a)1. must include a statement in the notification required under 335-13-15-.07(3)(g) or (l) 5. that the CCR surface impoundment is closing or retrofitting under the requirements of 335-13-15-.07(2)(a)1.

3. The timeframe specified in 335-13-15-.07(2)(a)1. does not apply if the owner or operator complies with the alternative closure procedures specified in 335-13-15-.07(4).

4. At any time after the initiation of closure under 335-13-15-.07(2)(a)1., the owner or operator may cease closure activities and initiate a retrofit of the CCR unit in accordance with the requirements of 335-13-15-.07(3)(l).

(b) The owner or operator of an existing CCR surface impoundment is subject to the requirements of 335-13-15-.07(2)(b)1.

(i) Location standard under 335-13-15-.03(1). Except as provided by 335-13-15-.07(2)(b)4., the owner or operator of an existing CCR surface impoundment that has not demonstrated compliance with the location standard specified in 335-13-15-.03(1)(a) must cease placing CCR and non-CCR wastestreams into such CCR unit as soon as technically feasible, but no later than April 11, 2021, and close the CCR unit in accordance with the requirements of 335-13-15-.07(3).

(ii) Location standards under 335-13-15-.03(2) through 335-13-15-.03(5). Except as provided by 335-13-15-.07(2)(b)4., within six months of determining that an existing CCR surface impoundment has not demonstrated compliance with any location standard specified in 335-13-15-.03(2)(a), 335-13-15-.03(3)(a), 335-13-15-.03(4)(a), and 335-13-15-.03(5)(a), the owner or operator of the CCR surface impoundment must cease placing CCR and non CCR waste streams into such CCR unit and close the CCR unit in accordance with the requirements of 335-13-15-.07(3).

2. Within six months of either failing to complete the initial or any subsequent periodic safety factor assessment required by 335-13-15-.04(4)(e) by the deadlines specified in 335-13-15-.04(4)(f)1. through 3. or failing to document that the calculated factors of safety for the existing CCR surface impoundment achieve the minimum safety factors specified in 335-13-15-.04(4)(e)1.(i) through (iv), the owner or operator of the CCR surface impoundment must cease placing CCR and non CCR waste streams into such CCR unit and close the CCR unit in accordance with the requirements of 335-13-15-.07(3).

3. An owner or operator of an existing CCR surface impoundment that closes in accordance with 335-13-15-.07(2)(b)1. or 2. must include a statement in the notification required under 335-13-15-.07(3)(g) that the CCR surface impoundment is closing under the requirements of 335-13-15-.07(2)(b)1. or 2.

4. The timeframe specified in 335-13-15-.07(2)(b)1. does not apply if the owner or operator complies with the alternative closure procedures specified in 335-13-15-.07(4).

(c) The owner or operator of a new CCR surface impoundment is subject to the requirements of 335-13-15-.07(2)(c)1.

1. Within six months of either failing to complete the initial or any subsequent periodic safety factor assessment required by 335-13-15-.04(5)(e) by the deadlines specified in 335-13-15-.04(5)(f)1. through 3. or failing to document that the calculated factors of safety for the new CCR surface impoundment achieve the minimum safety factors specified in 335-13-15-.04(5)(e)1.(i) through (v), the owner or operator of the CCR surface impoundment must cease placing CCR and non CCR waste streams into such CCR unit and close the CCR unit in accordance with the requirements of 335-13-15-.07(3).

2. An owner or operator of an new CCR surface impoundment that closes in accordance with 335-13-15-.07(2)(c)1. must include a statement in the notification required under 335-13-15-.07(3)(g) that the CCR surface impoundment is closing under the requirements of 335-13-15-.07(2)(c)1.

(d) The owner or operator of an existing CCR landfill is subject to the requirements of 335-13-15-.07(2)(d)1.

1. Except as provided by 335-13-15-.07(2)(d)3., within six months of determining that an existing CCR landfill has not demonstrated compliance with the location restriction for unstable areas specified in 335-13-15-.03(5)(a), the owner or operator of the CCR unit must cease placing CCR and non CCR waste streams into such CCR landfill and close the CCR unit in accordance with the requirements of 335-13-15-.07(3).

2. An owner or operator of an existing CCR landfill that closes in accordance with 335-13-15-.07(2)(d)1. must include a statement in the notification required under 335-13-15-.07(3)(g) that the CCR landfill is closing under the requirements of 335-13-15-.07(2)(d)1.

3. The timeframe specified in 335-13-15-.07(2)(d)1. does not apply if the owner or operator complies with the alternative closure procedures specified in 335-13-15-.07(4).

(3) Criteria for conducting the closure or retrofit of CCR units.

(a) Closure of a CCR landfill, CCR surface impoundment, or any lateral expansion of a CCR unit must be completed either by leaving the CCR in place and installing a final cover system or through removal of the CCR and decontamination of the CCR unit, as described in 335-13-15-.07(3)(b) through (j). Retrofit of a CCR surface impoundment must be completed in accordance with the requirements in 335-13-15-.07(3)(l).

(b) Written closure plan.

1. Content of the plan. The owner or operator of a CCR unit must prepare a written closure plan that describes the steps necessary to close the CCR unit at any point during the active life of the CCR unit consistent with recognized and generally accepted good engineering practices. The owner or operator must submit the closure plan as part of the permit application to the Department. The written closure plan must include, at a minimum, the information specified in 335-13-15-.07(3)(b)1.(i) through (vi).

(i) A narrative description of how the CCR unit will be closed in accordance with this section.

(ii) If closure of the CCR unit will be accomplished through removal of CCR from the CCR unit, a description of the procedures to remove the CCR and decontaminate the CCR unit in accordance with 335-13-15-.07(3)(c).

(iii) If closure of the CCR unit will be accomplished by leaving CCR in place, a description of the final cover system, designed in accordance with 335-13-15-.07(3)(d), and the methods and procedures to be used to install the final cover. The closure plan must also discuss how the final cover system will achieve the performance standards specified in 335-13-15-.07(3)(d).

(iv) An estimate of the maximum inventory of CCR ever on-site over the active life of the CCR unit.

(v) An estimate of the largest area of the CCR unit ever requiring a final cover as required by 335-13-15-.07(3)(d) at any time during the CCR unit's active life.

(vi) A schedule for completing all activities necessary to satisfy the closure criteria in this section, including an estimate of the year in which all closure activities for the CCR unit will be completed. The schedule should provide sufficient information to describe the sequential steps that will be taken to close the CCR unit, including identification of major milestones such as coordinating with and obtaining necessary approvals and permits from other agencies, the dewatering and stabilization phases of CCR surface impoundment closure, or installation of the final cover system, and the estimated timeframes to complete each step or phase of CCR unit closure. When preparing the written closure plan, if the owner or operator of a CCR unit estimates that the time required to complete closure will exceed the timeframes specified in 335-13-15-.07(3)(f)1., the written closure plan must include the site-specific information, factors and considerations that would support any time extension sought under 335-13-15-.07(3)(f)2.

2. Timeframes for preparing the initial written closure plan.

(i) Existing CCR landfills and existing CCR surface impoundments. No later than October 17, 2016, the owner or operator of the CCR unit must prepare an initial written closure plan consistent with the requirements specified in 335-13-15-.07(3)(b)1.

(ii) New CCR landfills and new CCR surface impoundments, and any lateral expansion of a CCR unit. No later than the date of the initial receipt of CCR in the CCR unit, the owner or operator must prepare an initial written closure plan consistent with the requirements specified in 335-13-15-.07(3)(b)1.

(iii) The owner or operator has completed the written closure plan when the plan, including the certification required by 335-13-15-.07(3)(b)4., has been placed in the facility's operating record as required by 335-13-15-.08(1)(i)4.

3. Amendment of a written closure plan.

(i) The owner or operator may amend the initial or any subsequent written closure plan developed pursuant to 335-13-15-.07(3)(b)1. at any time.

(ii) The owner or operator must amend the written closure plan whenever:

(I) There is a change in the operation of the CCR unit that would substantially affect the written closure plan in effect; or

(II) Before or after closure activities have commenced, unanticipated events necessitate a revision of the written closure plan.

(iii) The owner or operator must amend the closure plan at least 60 days prior to a planned change in the operation of the facility or CCR unit, or no later than 60 days after an unanticipated event requires the need to revise an existing written closure plan. If a written closure plan is revised after closure activities have commenced for a CCR unit, the owner or operator must amend the current closure plan no later than 30 days following the triggering event.

4. The owner or operator of the CCR unit must obtain a written certification from a qualified professional engineer that the initial and any amendment of the written closure plan meets the requirements of this section. The closure plan, as well as the certification from a qualified professional engineer, must be submitted to the Department for approval.

(c) Closure by removal of CCR. An owner or operator may elect to close a CCR unit by removing and decontaminating all areas affected by releases from the CCR unit. CCR removal and decontamination of the CCR unit are complete when constituent concentrations throughout the CCR unit and any areas affected by releases from the CCR unit have been removed and groundwater monitoring concentrations do not exceed the groundwater protection standard established pursuant to 335-13-15-.06(6)(h) for constituents listed in Appendix IV.

(d) Closure performance standard when leaving CCR in place.

1. The owner or operator of a CCR unit must ensure that, at a minimum, the CCR unit is closed in a manner that will:

(i) Control, minimize or eliminate, to the maximum extent feasible, post-closure infiltration of liquids into the waste and releases of CCR, leachate, or contaminated run-off to the ground or surface waters or to the atmosphere;

(ii) Preclude the probability of future impoundment of water, sediment, or slurry;

(iii) Include measures that provide for major slope stability to prevent the sloughing or movement of the final cover system during the closure and post-closure care period;

(iv) Minimize the need for further maintenance of the CCR unit; and

(v) Be completed in the shortest amount of time consistent with recognized and generally accepted good engineering practices.

2. Drainage and stabilization of CCR surface impoundments. The owner or operator of a CCR surface impoundment or any lateral expansion of a CCR surface impoundment must meet the requirements of 335-13-15-.07(3)(d)2.(i) and (ii) prior to installing the final cover system required under 335-13-15-.07(3)(d)3.

(i) Free liquids must be eliminated by removing liquid wastes or solidifying the remaining wastes and waste residues.

(ii) Remaining wastes must be stabilized sufficient to support the final cover system.

3. Final cover system. If a CCR unit is closed by leaving CCR in place, the owner or operator must install a final cover system that is designed to minimize infiltration and erosion, and at a minimum, meets the requirements of 335-13-15-.07(3)(d)3.(ii)(I) through (III), or the requirements of the alternative final cover system specified in 335-13-15-.07(3)(d)3.(ii).

(i) The final cover system must be designed and constructed to meet the criteria in 335-13-15-.07(3)(d)3.(i)(I) through (VII). The design of the final cover system must be included in the written closure plan required by 335-13-15-.07(3)(b).

(I) The permeability of the final cover system must be less than or equal to the permeability of any bottom liner system or natural subsoils present, or a permeability no greater than 1x10^-5 cm/sec, whichever is less.

(II) The infiltration of liquids through the closed CCR unit must be minimized by the use of an infiltration layer that contains a minimum of 18 inches of earthen material.

(III) The minimum final grade of the final cover system shall not be less than 5 percent.

(IV) The maximum final grade of the final cover system shall not exceed 25 percent, or as specified by the Department, to minimize erosion.

(V) Slopes longer than 25 feet shall require horizontal terraces, of sufficient width for equipment operation, for every 20 feet rise in elevation or utilize other erosion control measures approved by the Department.

(VI) The erosion of the final cover system must be minimized by the use of an erosion layer that contains a minimum of six inches of earthen material that is capable of sustaining native plant growth.

(VII) The disruption of the integrity of the final cover system must be minimized through a design that accommodates settling and subsidence.

(ii) The owner or operator may select an alternative final cover system design, provided the alternative final cover system is designed and constructed to meet the criteria in 335-13-15-.07(3)(d)3.(i)(I) through (IV). The design of the final cover system must be included in the written closure plan required by 335-13-15-.07(3)(b).

(I) The design of the final cover system must include an infiltration layer that achieves an equivalent reduction in infiltration as the infiltration layer specified in 335-13-15-.07(3)(d)3.(i)(I) and (II).

(II) The design of the final cover system must include an erosion layer that provides equivalent protection from wind or water erosion as the erosion layer specified in 335-13-15-.07(3)(d)3.(i)(VI).

(III) The disruption of the integrity of the final cover system must be minimized through a design that accommodates settling and subsidence.

(iii) The owner or operator of the CCR unit must obtain and submit to the Department a written certification from a qualified professional engineer that the design of the final cover system meets the requirements of this section.

(e) Initiation of closure activities. Except as provided for in 335-13-15-.07(3)(e)4. and 335-13-15-.07(4), the owner or operator of a CCR unit must commence closure of the CCR unit no later than the applicable timeframes specified in either 335-13-15-.07(3)(e)1. or 2.

1. The owner or operator must commence closure of the CCR unit no later than 30 days after the date on which the CCR unit either:

(i) Receives the known final receipt of waste, either CCR or any non-CCR waste stream; or

(ii) Removes the known final volume of CCR from the CCR unit for the purpose of beneficial use of CCR.

(i) Except as provided by 335-13-15-.07(3)(e)2.(ii), the owner or operator must commence closure of a CCR unit that has not received CCR or any non-CCR waste stream or is no longer removing CCR for the purpose of beneficial use within two years of the last receipt of waste or within two years of the last removal of CCR material for the purpose of beneficial use.

(ii) Notwithstanding 335-13-15-.07(3)(e)2.(i), the owner or operator of the CCR unit may request an additional two years to initiate closure of the idle unit provided the owner or operator provides written documentation to the Department that the CCR unit will continue to accept wastes or will start removing CCR for the purpose of beneficial use.

The documentation must be supported by, at a minimum, the information specified in 335-13-15-.07(3)(e)2.(ii)(I) and (II). The Department may approve two-year extensions provided the owner or operator continues to be able to demonstrate that there is reasonable likelihood that the CCR unit will accept wastes in the foreseeable future or will remove CCR from the unit for the purpose of beneficial use. The owner or operator must submit each completed demonstration, if more than one time extension is sought, to the Department for approval and place in the facility's operating record as required by 335-13-15-.08(1)(i)5. prior to the end of any two-year period.

(I) Information documenting that the CCR unit has remaining storage or disposal capacity or that the CCR unit can have CCR removed for the purpose of beneficial use; and

(II) Information demonstrating that there is a reasonable likelihood that the CCR unit will resume receiving CCR or non-CCR waste streams in the foreseeable future or that CCR can be removed for the purpose of beneficial use. The narrative must include a best estimate as to when the CCR unit will resume receiving CCR or non-CCR waste streams. The situations listed in 335-13-15-.07(3)(e)2.(ii)(II) I. through IV. are examples of situations that would support a determination that the CCR unit will resume receiving CCR or non-CCR waste streams in the foreseeable future.

I. Normal plant operations include periods during which the CCR unit does not receive CCR or non-CCR waste streams, such as the alternating use of two or more CCR units whereby at any point in time one CCR unit is receiving CCR while CCR is being removed from a second CCR unit after its dewatering.

II. The CCR unit is dedicated to a coal-fired boiler unit that is temporarily idled (e.g., CCR is not being generated) and there is a reasonable likelihood that the coal-fired boiler will resume operations in the future.

III. The CCR unit is dedicated to an operating coal-fired boiler (i.e., CCR is being generated); however, no CCR are being placed in the CCR unit because the CCR are being entirely diverted to beneficial uses, but there is a reasonable likelihood that the CCR unit will again be used in the foreseeable future.

IV. The CCR unit currently receives only non-CCR waste streams and those non-CCR waste streams are not generated for an extended period of time, but there is a reasonable likelihood that the CCR unit will again receive non-CCR waste streams in the future.

(iii) In order to obtain additional time extension(s) to initiate closure of a CCR unit beyond the two years provided by 335-13-15-.07(3)(e)2.(i), the owner or operator of the CCR unit must include with the demonstration required by 335-13-15-.07(3)(e)2.(ii) the following statement signed by the owner or operator or an authorized representative:

"I certify under penalty of law that I have personally examined and am familiar with the information submitted in this demonstration and all attached documents, and that, based on my inquiry of those individuals immediately responsible for obtaining the information, I believe that the submitted information is true, accurate, and complete. I am aware that there are significant penalties for submitting false information, including the possibility of fine and imprisonment."

3. For purposes of this chapter, closure of the CCR unit has commenced if the owner or operator has ceased placing waste and completes any of the following actions or activities:

(i) Taken any steps necessary to implement the written closure plan required by 335-13-15-.07(3)(b);

(ii) Taken any steps necessary to comply with any state or other agency standards that are a prerequisite, or are otherwise applicable, to initiating or completing the closure of a CCR unit.

4. The timeframes specified in 335-13-15-.07(3)(e)1. and 2. do not apply to any of the following owners or operators:

(i) [Reserved]

(ii) An owner or operator of an existing unlined CCR surface impoundment closing the CCR unit as required by 335-13-15-.07(2)(a);

(iii) An owner or operator of an existing CCR surface impoundment closing the CCR unit as required by 335-13-15-.07(2)(b); or

(iv) An owner or operator of a new CCR surface impoundment closing the CCR unit as required by 335-13-15-.07(2)(c); or

(v) An owner or operator of an existing CCR landfill closing the CCR unit as required by 335-13-15-.07(2)(d).

(f) Completion of closure activities.

1. Except as provided for in 335-13-15-.07(3)(f)2., the owner or operator must complete closure of the CCR unit:

(i) For existing and new CCR landfills and any lateral expansion of a CCR landfill, within six months of commencing closure activities.

(ii) For existing and new CCR surface impoundments and any lateral expansion of a CCR surface impoundment, within five years of commencing closure activities.

(i) Extensions of closure timeframes. The timeframes for completing closure of a CCR unit specified under 335-13-15-.07(3)(f)1. may be extended if the owner or operator can demonstrate to the Department that it was not feasible to complete closure of the CCR unit within the required timeframes due to factors beyond the facility's control. If the owner or operator is seeking a time extension beyond the time specified in the written closure plan as required by 335-13-15-.07(3)(b)1., the demonstration must include a narrative discussion providing the basis for additional time beyond that specified in the closure plan. The owner or operator must submit each completed demonstration, if more than one time extension is sought, to the Department for approval and place in the facility's operating record as required by 335-13-15-.08(1)(i)6. prior to the end of any two-year period. Factors that may support such a demonstration include:

(I) Complications stemming from the climate and weather, such as unusual amounts of precipitation or a significantly shortened construction season;

(II) Time required to dewater a surface impoundment due to the volume of CCR contained in the CCR unit or the characteristics of the CCR in the unit; or

(III) The geology and terrain surrounding the CCR unit will affect the amount of material needed to close the CCR unit.

(ii) Maximum time extensions.

(I) CCR surface impoundments of 40 acres or smaller may extend the time to complete closure by no longer than two years.

(II) CCR surface impoundments larger than 40 acres may extend the timeframe to complete closure of the CCR unit multiple times, in two-year increments. For each two-year extension sought, the owner or operator must substantiate the factual circumstances demonstrating the need for the extension. No more than a total of five two-year extensions may be obtained for any CCR surface impoundment.

(III) CCR landfills may extend the timeframe to complete closure of the CCR unit multiple times, in one-year increments. For each one-year extension sought, the owner or operator must substantiate the factual circumstances demonstrating the need for the extension. No more than a total of two one-year extensions may be obtained for any CCR landfill.

(iii) In order to obtain additional time extension(s) to complete closure of a CCR unit beyond the times provided by 335-13-15-.07(3)(f)1., the owner or operator of the CCR unit must include with the demonstration required by 335-13-15-.07(3)(f)2.(i) the following statement signed by the owner or operator or an authorized representative:

3. Upon completion, the owner or operator of the CCR unit must obtain a certification from a qualified professional engineer verifying that closure has been completed in accordance with the closure plan specified in 335-13-15-.07(3)(b) and the requirements of this section.

(g) No later than the date the owner or operator initiates closure of a CCR unit, the owner or operator must prepare a notification of intent to close a CCR unit. The notification must include the certification by a qualified professional engineer for the design of the final cover system as required by 335-13-15-.07(3)(d)3.(iii), if applicable. The owner or operator has completed the notification when it has been submitted to the Department and placed in the facility's operating record as required by 335-13-15-.08(1)(i)7.

(h) Within 30 days of completion of closure of the CCR unit, the owner or operator must prepare a notification of closure of a CCR unit. The notification must include the certification by a qualified professional engineer as required by 335-13-15-.07(3)(f)3. The owner or operator has completed the notification when it has been submitted to the Department and placed in the facility's operating record as required by 335-13-15-.08(1)(i)8.

(i) Deed notations.

1. Except as provided by 335-13-15-.07(3)(i)4., following closure of a CCR unit, the owner or operator must record a notation on the deed to the property, or some other instrument that is normally examined during title search.

2. The notation on the deed must in perpetuity notify any potential purchaser of the property that:

(i) The land has been used as a CCR unit; and

(ii) Its use is restricted under the post-closure care requirements as provided by 335-13-15-.07(5)(d)1.(iii).

(iii) The locations and dimensions of the CCR unit with respect to permanently surveyed benchmarks and section corners shall be on a plat prepared and sealed by a land surveyor.

(iv) Contain a note, prominently displayed, which states the name of the permittee or operating agency, the type of CCR unit and the beginning and closure dates of the disposal activity.

(v) Certification by an engineer that all closure requirements have been completed as determined necessary by the Department.

3. Within 30 days of recording a notation on the deed to the property, the owner or operator must prepare a notification stating that the notation has been recorded. The owner or operator has completed the notification when it has been placed in the facility's operating record as required by 335-13-15-.08(1)(i)9. and documentation of the recording of the notation on the deed has been submitted to the Department.

4. An owner or operator that closes a CCR unit in accordance with 335-13-15-.07(3)(c) is not subject to the requirements of 335-13-15-.07(3)(i)1. through 3.

(j) Following closure, the owner or operator of a CCR unit must provide an environmental covenant to the Department in compliance with 335-5. The owner or operator must place the executed environmental covenant in the facility's operating record as required by 335-13-15-.08(1)(i)10.

(k) The owner or operator of the CCR unit must comply with the closure recordkeeping requirements specified in 335-13-15-.08(1)(i), the closure notification requirements specified in 335-13-15-.08(2)(i), and the closure internet requirements specified in 335-13-15-.08(3)(i).

(l) Criteria to retrofit an existing CCR surface impoundment.

1. To retrofit an existing CCR surface impoundment, the owner or operator must:

(i) First remove all CCR, including any contaminated soils and sediments from the CCR unit; and

(ii) Comply with the requirements in 335-13-15-.04(3).

(iii) A CCR surface impoundment undergoing a retrofit remains subject to all other requirements of this chapter, including the requirement to conduct any necessary corrective action.

2. Written retrofit plan.

(i) Content of the plan. The owner or operator must prepare a written retrofit plan that describes the steps necessary to retrofit the CCR unit consistent with recognized and generally accepted good engineering practices. The written retrofit plan must include, at a minimum, all of the following information:

(I) A narrative description of the specific measures that will be taken to retrofit the CCR unit in accordance with this section.

(II) A description of the procedures to remove all CCR and contaminated soils and sediments from the CCR unit.

(III) An estimate of the maximum amount of CCR that will be removed as part of the retrofit operation.

(IV) An estimate of the largest area of the CCR unit that will be affected by the retrofit operation.

(V) A schedule for completing all activities necessary to satisfy the retrofit criteria in this section, including an estimate of the year in which retrofit activities of the CCR unit will be completed.

(ii) Timeframes for preparing the initial written retrofit plan.

(I) No later than 60 days prior to the date of initiating retrofit activities, the owner or operator must prepare an initial written retrofit plan consistent with the requirements specified in 335-13-15-.07(3)(l)2. For purposes of this chapter, initiation of retrofit activities has commenced if the owner or operator has ceased placing waste in the unit and completes any of the following actions or activities:

I. Taken any steps necessary to implement the written retrofit plan; or

II. Taken any steps necessary to comply with any state or other agency standards that are a prerequisite, or are otherwise applicable, to initiating or completing the retrofit of a CCR unit.

(II) The owner or operator has completed the written retrofit plan when the plan, including the certification required by 335-13-15-.07(3)(l)2.(iv), has been placed in the facility's operating record as required by 335-13-15-.08(1)(j)1.

(iii) Amendment of a written retrofit plan.

(I) The owner or operator may amend the initial or any subsequent written retrofit plan at any time.

(II) The owner or operator must amend the written retrofit plan whenever:

I. There is a change in the operation of the CCR unit that would substantially affect the written retrofit plan in effect; or

II. Before or after retrofit activities have commenced, unanticipated events necessitate a revision of the written retrofit plan.

(III) The owner or operator must amend the retrofit plan at least 60 days prior to a planned change in the operation of the facility or CCR unit, or no later than 60 days after an unanticipated event requires the revision of an existing written retrofit plan. If a written retrofit plan is revised after retrofit activities have commenced for a CCR unit, the owner or operator must amend the current retrofit plan no later than 30 days following the triggering event.

(iv) The owner or operator of the CCR unit must obtain a written certification from a qualified professional engineer that the activities outlined in the written retrofit plan, including any amendment of the plan, meet the requirements of this section. The retrofit plan, as well as the certification from a qualified professional engineer, must be submitted to the Department for approval.

3. Deadline for completion of activities related to the retrofit of a CCR unit. Any CCR surface impoundment that is being retrofitted must complete all retrofit activities within the same time frames and procedures specified for the closure of a CCR surface impoundment in 335-13-15-.07(3)(f) or, where applicable, 335-13-15-.07(4).

4. Upon completion, the owner or operator must obtain and submit to the Department a certification from a qualified professional engineer verifying that the retrofit activities have been completed in accordance with the retrofit plan specified in 335-13-15-.07(3)(l)2. and the requirements of this section.

5. No later than the date the owner or operator initiates the retrofit of a CCR unit, the owner or operator must prepare a notification of intent to retrofit a CCR unit. The owner or operator has completed the notification when it has been placed in the facility's operating record as required by 335-13-15-.08(1)(j)5.

6. Within 30 days of completing the retrofit activities specified in 335-13-15-.07(3)(l)1., the owner or operator must prepare a notification of completion of retrofit activities. The notification must include the certification by a qualified professional engineer as required by 335-13-15-.07(3)(l)4. The owner or operator has completed the notification when it has been placed in the facility's operating record as required by 335-13-15-.08(1)(j)6.

7. At any time after the initiation of a CCR unit retrofit, the owner or operator may cease the retrofit and initiate closure of the CCR unit in accordance with the requirements of 335-13-15-.07(3).

8. The owner or operator of the CCR unit must comply with the retrofit recordkeeping requirements specified in 335-13-15-.08(1)(j), the retrofit notification requirements specified in 335-13-15-.08(2)(j), and the retrofit internet requirements specified in 335-13-15-.08(3)(j).

(4) Alternative closure requirements. The owner or operator of a CCR landfill, CCR surface impoundment, or any lateral expansion of a CCR unit that is subject to closure pursuant to 335-13-15-.07(2)(a), (b) 1., or (d) may nevertheless continue to receive the wastes specified in either 335-13-15-.07(4)(a), (b), (f) 1., or (f)2. in the unit, provided the owner or operator meets all the requirements in the respective paragraph.

(a) CCR Landfills

1. No alternative CCR disposal capacity.

Notwithstanding the provisions of 335-13-15-.07(2)(d), a CCR landfill may continue to receive CCR if the owner or operator of the CCR landfill certifies that the CCR must continue to be managed in that CCR landfill due to the absence of alternative disposal capacity both on-site and off-site of the facility. To qualify under this paragraph, the owner or operator of the CCR landfill must submit a plan to the Department for approval which demonstrates that all of the following conditions have been met:

(i) No alternative disposal capacity is available on-site or off-site. An increase in costs or the inconvenience of existing capacity is not sufficient to support qualification under this section;

(ii) The owner or operator has made, and continues to make, efforts to obtain additional capacity. Qualification under 335-13-15-.07(4)(a) lasts only as long as no alternative capacity is available. Once alternative capacity is identified, the owner or operator must arrange to use such capacity as soon as feasible;

(iii) The owner or operator must remain in compliance with all other requirements of this chapter, including the requirement to conduct any necessary corrective action; and

(iv) The owner or operator must prepare and submit to the Department the annual progress report specified in 335-13-15-.07(4)(c) documenting the continued lack of alternative capacity and the progress towards the development of alternative CCR disposal capacity.

2. Once alternative capacity is available, the CCR landfill must cease receiving CCR and initiate closure following the timeframes in 335-13-15-.07(3)(e).

3. If no alternative capacity is identified within five years after the initial certification, the CCR landfill must cease receiving CCR and close in accordance with the timeframes in 335-13-15-.07(3)(e) and (f).

(b) CCR Landfills.

1. Permanent cessation of a coal-fired boiler(s) by a certain date. Notwithstanding the provisions of 335-13-15-.07(2)(d), a CCR landfill may continue to receive CCR if the owner or operator certifies that the facility will cease operation of the coal-fired boilers within the timeframes specified in 335-13-15-.07(4)(b)4., but in the interim period (prior to closure of the coal-fired boiler), the facility must continue to use the CCR landfill due to the absence of alternative disposal capacity both on-site and off-site of the facility. To qualify under this paragraph, the owner or operator of the CCR landfill must submit a plan to the Department for approval which demonstrates that all of the following conditions have been met:

(ii) The owner or operator must remain in compliance with all other requirements of this chapter, including the requirement to conduct any necessary corrective action; and

(iii) The owner or operator must prepare and submit to the Department the annual progress report specified in 335-13-15-.07(4)(c) documenting the continued lack of alternative capacity and the progress towards the closure of the coal-fired boiler.

2. [Reserved]

3. [Reserved]

4. For a CCR landfill, the coal-fired boiler must cease operation, and the CCR landfill must complete closure no later than April 19, 2021.

(c) Required notices and progress reports for CCR Landfills. An owner or operator of a CCR landfill that closes in accordance with 335-13-15-.07(4)(a) or (b) must complete the notices and progress reports specified in 335-13-15-.07(4)(c)1. through 3.

1. Within six months of becoming subject to closure pursuant to 335-13-15-.07(2)(d), the owner or operator must prepare, submit to the Department for approval and place in the facility's operating record a request to comply with the alternative closure requirements of this section. The request must describe why the CCR unit qualifies for the alternative closure provisions under either 335-13-15-.07(4)(a) or (b), in addition to providing the documentation and certifications required by 335-13-15-.07(4)(a) or (b).

2. The owner or operator must prepare the periodic progress reports required by 335-13-15-.07(4)(a)1.(iv), or (b)1.(iii), in addition to describing any problems encountered and a description of the actions taken to resolve the problems. The annual progress reports must be completed according to the following schedule:

(i) The first annual progress report must be prepared no later than 13 months after completing the request to comply with the alternative closure requirements required by 335-13-15-.07(4)(d)1.

(ii) The second annual progress report must be prepared no later than 12 months after completing the first annual progress report. Subsequent annual progress reports must be prepared within 12 months of completing the previous annual progress report.

(iii) The owner or operator has completed the progress reports specified in 335-13-15-.07(4)(c)2. when the reports are submitted to the Department and placed in the facility's operating record as required by 335-13-15-.08(1)(i)12.

3. An owner or operator of a CCR landfill must also prepare the notification of intent to close a CCR unit as required by 335-13-15-.07(3)(g).

(d) CCR landfill recordkeeping. The owner or operator of the CCR landfill must comply with the recordkeeping requirements specified in 335-13-15-.08(1)(i), the notification requirements specified in 335-13-15-.08(2)(i), and the internet requirements specified in 335-13-15-.08(3)(i).

(e) [Reserved]

(f) Site-specific alternative deadlines to initiate closure of CCR surface impoundments. Notwithstanding the provisions of 335-13-15-.07(2)(a) and (b) 1., a CCR surface impoundment may continue to receive the waste specified in 335-13-15-.07(4)(f)1. or (f)2., provided the owner or operator submits a demonstration that the criteria in either 335-13-15-.07(4)(f)1. or (f)2. have been met. The demonstration must be submitted to the Director for approval no later than the relevant deadline in 335-13-15-.07(4)(f)3. The Director will act on the submission in accordance with the procedures in 335-13-15-.07(4)(f)3.

1. Development of alternative capacity is technically infeasible. Notwithstanding the provisions of 335-13-15-.07(2)(a) and (b) 1., a CCR surface impoundment may continue to receive the waste specified in 335-13-15-.07(4)(f)1.(ii)(I) or (II), provided the owner or operator demonstrates the wastestream(s) must continue to be managed in that CCR surface impoundment because it was technically infeasible to complete the measures necessary to provide alternative disposal capacity on or off-site of the facility by April 11, 2021. To obtain approval under 335-13-15-.07(4)(f)1., all of the following criteria must be met:

(i) No alternative disposal capacity is available on or off-site. An increase in costs or the inconvenience of existing capacity is not sufficient to support qualification under this section;

(ii)

(I) For units closing pursuant to 335-13-15-.07(2)(a) and (b) 1.(i), CCR and/or non-CCR wastestreams must continue to be managed in that CCR surface impoundment because it was technically infeasible to complete the measures necessary to obtain alternative disposal capacity either on or off-site of the facility by April 11, 2021.

(II) For units closing pursuant to 335-13-15-.07(2)(b)1.(ii), CCR must continue to be managed in that CCR surface impoundment because it was technically infeasible to complete the measures necessary to obtain alternative disposal capacity either on or off-site of the facility by April 11, 2021.

(iii) The facility is in compliance with all of the requirements of this chapter.

(iv) The owner or operator of the CCR surface impoundment must submit documentation that the criteria in 335-13-15-.07(4)(f)1.(i) through (iii) have been met by submitting to the Director all of the following:

(I) To demonstrate that the criteria in 335-13-15-.07(4)(f)1.(i) and (ii) have been met the owner or operator must submit a workplan that contains all of the following elements:

I. A written narrative discussing the options considered both on and off-site to obtain alternative capacity for each CCR and/or non-CCR wastestreams, the technical infeasibility of obtaining alternative capacity prior to April 11, 2021, and the option selected and justification for the alternative capacity selected. The narrative must also include all of the following:

A. An in-depth analysis of the site and any site-specific conditions that led to the decision to select the alternative capacity being developed;

B. An analysis of the adverse impact to plant operations if the CCR surface impoundment in question were to no longer be available for use; and

C. A detailed explanation and justification for the amount of time being requested and how it is the fastest technically feasible time to complete the development of the alternative capacity;

II. A detailed schedule of the fastest technically feasible time to complete the measures necessary for alternative capacity to be available including a visual timeline representation. The visual timeline must clearly show all of the following:

A. How each phase and the steps within that phase interact with or are dependent on each other and the other phases;

B. All of the steps and phases that can be completed concurrently;

C. The total time needed to obtain the alternative capacity and how long each phase and step within each phase will take; and

D. At a minimum, the following phases: engineering and design, contractor selection, equipment fabrication and delivery, construction, and start up and implementation;

III. A narrative discussion of the schedule and visual timeline representation, which must discuss all of the following:

A. Why the length of time for each phase and step is needed and a discussion of the tasks that occur during the specific step;

B. Why each phase and step shown on the chart must happen in the order it is occurring;

C. The tasks that occur during each of the steps within the phase; and

D. Anticipated worker schedules; and

IV. A narrative discussion of the progress the owner or operator has made to obtain alternative capacity for the CCR and/or non-CCR wastestreams. The narrative must discuss all the steps taken, starting from when the owner or operator initiated the design phase up to the steps occurring when the demonstration is being compiled. It must discuss where the facility currently is on the timeline and the efforts that are currently being undertaken to develop alternative capacity.

(II) To demonstrate that the criteria in 335-13-15-.07(4)(f)1.(iii) have been met, the owner or operator must submit all of the following:

I. A certification signed by the owner or operator that the facility is in compliance with all of the requirements of this chapter;

II. Visual representation of hydrogeologic information at and around the CCR unit(s) that supports the design, construction and installation of the groundwater monitoring system. This includes all of the following:

A. Map(s) of groundwater monitoring well locations in relation to the CCR unit(s);

B. Well construction diagrams and drilling logs for all groundwater monitoring wells; and

C. Maps that characterize the direction of groundwater flow accounting for seasonal variations;

III. Constituent concentrations, summarized in table form, at each groundwater monitoring well monitored during each sampling event;

IV. A description of site hydrogeology including stratigraphic cross-sections;

V. Any corrective measures assessment conducted as required by 335-13-15-.06(7);

VI. Any progress reports on corrective action remedy selection and design and the report of final remedy selection required at 335-13-15-.06(8)(a);

VII. The most recent structural stability assessment required by 335-13-15-.04(4)(d); and

VIII. The most recent safety factor assessment required by 335-13-15-.04(4)(e).

(v) As soon as alternative capacity for any CCR or non-CCR wastestream is available, the CCR surface impoundment must cease receiving that CCR or non-CCR wastestream. Once the CCR surface impoundment ceases receipt of all CCR and/or non-CCR wastestreams, the CCR surface impoundment must initiate closure following the timeframes in 335-13-15-.07(3)(e) and (f).

(vi) Maximum time frames. All CCR surface impoundments covered by 335-13-15-.07(4)(f)1. must cease receiving waste by the deadlines specified in 335-13-15-.07(4)(f)1.(vi)(I) and (II) and close in accordance with the timeframes in 335-13-15-.07(3)(e) and (f).

(I) Except as provided by 335-13-15-.07(4)(f)1.(vi)(II), no later than October 15, 2023.

(II) An eligible unlined CCR surface impoundment must cease receiving CCR and/or non-CCR wastestreams no later than October 15, 2024. In order to continue to operate until October 15, 2024, the owner or operator must include in their demonstration to the Department as required by 335-13-15-.07(4)(f), documentation that the unit meets the definition of an eligible unlined CCR surface impoundment.

(vii) An owner or operator may seek additional time beyond the time granted in the initial approval by making the showing in 335-13-15-.07(4)(f)1.(i) through (iv), provided that no facility may be granted time to operate the impoundment beyond the maximum allowable time frames provided in 335-13-15-.07(4)(f)1.(vi).

(viii) The owner or operator at all times bears responsibility for demonstrating to the Department qualification under this section. Failure to remain in compliance with any of the requirements of this chapter will result in the automatic loss of authorization under this section.

(ix) The owner or operator must:

(I) Upon submission of the demonstration to the Director, prepare and place in the facility's operating record a notification that the demonstration has been submitted, along with a copy of the demonstration. An owner or operator that claims confidential business information in the demonstration may post a redacted version of the demonstration to its publicly accessible CCR internet site provided that it contains sufficient detail so that the public can meaningfully comment on the demonstration. Information submitted to the Department may be considered confidential in accordance with the requirements of rule 335-1-1-.06(2), if requested by the facility in writing.

(II) Upon receipt of a decision pursuant to 335-13-15-.07(4)(f)3., must prepare and place in the facility's operating record a copy of the decision.

(III) If an extension of an approved deadline pursuant to 335-13-15-.07(4)(f)1.(vii) has been requested, place a copy of the request submitted to the Director in the facility's operating record.

(x) The owner or operator must prepare semi-annual progress reports. The semi-annual progress reports must contain all of the following elements:

(I) Discussion of the progress made to date in obtaining alternative capacity, including:

I. Discussion of the current stage of obtaining the capacity in reference to the timeline required under 335-13-15-.07(4)(f)1.(iv)(I);

II. Discussion of whether the owner or operator is on schedule for obtaining alternative capacity;

III. If the owner or operator is not on or ahead of schedule for obtaining alternative capacity, the following must be included:

A. Discussion of any problems encountered, and a description of the actions taken or planned to resolve the problems and get back on schedule; and

B. Discussion of the goals for the next six months and major milestones to be achieved for obtaining alternative capacity; and

(II) Discussion of any planned operational changes at the facility.

(xi) The progress reports must be completed according to the following schedule:

(I) The semi-annual progress reports must be prepared no later than April 30 and October 31 of each year for the duration of the alternative cease receipt of waste deadline.

(II) The first semi-annual progress report must be prepared by whichever date, April 30 or October 31, is soonest after receiving approval from the Director; and

(III) The owner or operator has completed the progress reports specified in 335-13-15-.07(4)(f)1.(x) when the reports have been placed in the facility's operating record as required by 335-13-15-.08(1)(i)18.

(xii) The owner or operator must prepare the notification of intent to close a CCR surface impoundment as required by 335-13-15-.07(3)(g).

(xiii) The owner or operator must comply with the recordkeeping requirements specified in 335-13-15-.08(1)(i), the notification requirements specified in 335-13-15-.08(2)(i), and the internet posting requirements specified in 335-13-15-.08(3)(i).

2. Permanent cessation of a coal-fired boiler(s) by a date certain. Notwithstanding the provisions of 335-13-15-.07(2)(a) and (b) 1., a CCR surface impoundment may continue to receive CCR and/or non-CCR wastestreams if the facility will cease operation of the coal-fired boiler(s) and complete closure of the impoundment within the timeframes specified in 335-13-15-.07(4)(f)2.(iv), but in the interim period (prior to closure of the coal-fired boiler), the facility must continue to use the CCR surface impoundment due to the absence of alternative disposal capacity both on and off-site of the facility. To qualify under 335-13-15-.07(4)(f)2., all of the following criteria must be met:

(i) No alternative disposal capacity is available on or off-site. An increase in costs or the inconvenience of existing capacity is not sufficient to support qualification under this section.

(ii) Potential risks to human health and the environment from the continued operation of the CCR surface impoundment have been adequately mitigated;

(iii) The facility is in compliance with all other requirements of this chapter, including the requirement to conduct any necessary corrective action; and

(iv) The coal-fired boilers must cease operation and closure of the impoundment must be completed within the following timeframes:

(I) For a CCR surface impoundment that is 40 acres or smaller, the coal-fired boiler(s) must cease operation and the CCR surface impoundment must complete closure no later than October 17, 2023.

(II) For a CCR surface impoundment that is larger than 40 acres, the coal-fired boiler(s) must cease operation, and the CCR surface impoundment must complete closure no later than October 17, 2028.

(v) The owner or operator of the CCR surface impoundment must submit to the Department the following documentation that the criteria in 335-13-15-.07(4)(f)2.(i) through (iv) have been met, as specified in 335-13-15-.07(4)(f)2.(v)(I) through (IV).

(I) To demonstrate that the criteria in 335-13-15-.07(4)(f)2.(i) have been met the owner or operator must submit a narrative that explains the options considered to obtain alternative capacity for CCR and/or non-CCR wastestreams both on and off-site.

(II) To demonstrate that the criteria in 335-13-15-.07(4)(f)2.(ii) have been met, the owner or operator must submit a risk mitigation plan describing the measures that will be taken to expedite any required corrective action, and that contains all of the following elements:

I. A discussion of any physical or chemical measures a facility can take to limit any future releases to groundwater during operation.

II. A discussion of the surface impoundment's groundwater monitoring data and any found exceedances; the delineation of the plume (if necessary based on the groundwater monitoring data); identification of any nearby receptors that might be exposed to current or future groundwater contamination; and how such exposures could be promptly mitigated.

III. A plan to expedite and maintain the containment of any contaminant plume that is either present or identified during continued operation of the unit.

(III) To demonstrate that the criteria in 335-13-15-.07(4)(f)2.(iii) have been met, the owner or operator must submit all of the following:

I. A certification signed by the owner or operator that the facility is in compliance with all of the requirements of this chapter;

A. Map(s) of groundwater monitoring well locations in relation to the CCR unit;

B. Well construction diagrams and drilling logs for all groundwater monitoring wells; and

C. Maps that characterize the direction of groundwater flow accounting for seasonal variations;

III. Constituent concentrations, summarized in table form, at each groundwater monitoring well monitored during each sampling event;

IV. Description of site hydrogeology including stratigraphic cross-sections;

V. Any corrective measures assessment required by 335-13-15-.06(7);

VI. Any progress reports on remedy selection and design and the report of final remedy selection required by 335-13-15-.06(8);

VII. The most recent structural stability assessment required by 335-13-15-.04(4)(d); and

VIII. The most recent safety factor assessment required by 335-13-15-.04(4)(e).

(IV) To demonstrate that the criteria in 335-13-15-.07(4)(f)2.(iv) have been met, the owner or operator must submit the closure plan required by 335-13-15-.07(3)(b) and a narrative that specifies and justifies the date by which they intend to cease receipt of waste into the unit in order to meet the closure deadlines.

(vi) The owner or operator at all times bears responsibility for demonstrating to the Department qualification for authorization under this section. Failure to remain in compliance with any of the requirements of this chapter will result in the automatic loss of authorization under this section.

(vii) The owner or operator must comply with the recordkeeping requirements specified in 335-13-15-.08(1)(i), the notification requirements specified in 335-13-15-.08(2)(i) and the internet posting requirements specified in 335-13-15-.08(3)(i).

(viii) Upon submission of the demonstration to the Director, the owner or operator must prepare and place in the facility's operating record and on its publicly accessible CCR internet site a notification that the demonstration has been submitted, along with a copy of the demonstration.

(ix) Upon receipt of a decision pursuant to 335-13-15-.07(4)(f)3., the owner or operator must place a copy of the decision in the facility's operating record and on the facility's publicly accessible CCR internet site.

(x) The owner or operator must prepare an annual progress report documenting the continued lack of alternative capacity and the progress towards the closure of the CCR surface impoundment. The owner or operator has completed the progress report when the report has been submitted to the Department and placed in the facility's operating record as required by 335-13-15-.08(1)(i)(21).

3. Process to Obtain Authorization.

(i) Deadlines for Submission.

(I) The owner or operator must submit the demonstration required under 335-13-15-.07(4)(f)1.(iv), for an alternative cease receipt of waste deadline for a CCR surface impoundment pursuant to 335-13-15-.07(4)(f)1., to the Director for approval no later than November 30, 2020.

(II) An owner or operator may seek additional time beyond the time granted in the initial approval, in accordance with 335-13-15-.07(4)(f)1.(vii), by submitting a new demonstration, as required under 335-13-15-.07(4)(f)1.(iv), to the Director for approval, no later than fourteen days from determining that the cease receipt of waste deadline will not be met.

(III) The owner or operator must submit the demonstration required under 335-13-15-.07(4)(f)2.(v) to the Director for approval no later than November 30, 2020.

(ii) The Department will evaluate the demonstration and may request additional information to complete its review. Submission of a complete demonstration will toll the facility's deadline to cease receipt of waste until issuance of a decision under 335-13-15-.07(4)(f)3.(iv). Incomplete submissions will not toll the facility's deadline and will be denied. The owner or operator will be notified in writing if the request is denied, and informed of the reasons for the denial and the appeal procedures as provided in chapter 335-2-1 of the ADEM Administrative Code. All decisions issued under 335-13-15-.07(4)(f)3.(ii) or (iv) will contain the facility's deadline to cease receipt of waste.

(iii) The Department shall provide notice and an opportunity for public comment on its proposed decision on a complete demonstration. The public comment period will close 30 days after the notice is published in a newspaper of general circulation in the area where the CCR unit is located.

(iv) After consideration of the comments, the Department will issue its decision on the alternative compliance deadline within a reasonable timeframe.

4. Transferring between site-specific alternatives.

An owner or operator authorized to continue operating a CCR surface impoundment under this section may at any time request authorization to continue operating the impoundment pursuant to another paragraph of 335-13-15-.07(4)(f), by submitting the information in 335-13-15-.07(4)(f)4.(i) or (ii).

(i) Transfer from 335-13-15-.07(4)(f)1. to 335-13-15-.07(4)(f)2. The owner or operator of a surface impoundment authorized to operate pursuant to 335-13-15-.07(4)(f)1. may request authorization to instead operate the surface impoundment in accordance with the requirements of 335-13-15-.07(4)(f)2., by submitting a new demonstration that meets the requirements of 335-13-15-.07(4)(f)2.(v) to the Director. The Department may approve the request only upon determining that the criteria in 335-13-15-.07(4)(f)2.(i) through (iv) have been met.

(ii) Transfer from 335-13-15-.07(4)(f)2. to 335-13-15-.07(4)(f)1. The owner or operator of a surface impoundment authorized to operate pursuant to 335-13-15-.07(4)(f)2. may request authorization to instead operate the surface impoundment in accordance with the requirements of 335-13-15-.07(4)(f)1., by submitting a new demonstration that meets the requirements of 335-13-15-.07(4)(f)1.(iv) to the Director. The Department may approve the request only upon determining that the criteria at 335-13-15-.07(4)(f)1.(i) through (iii) and (vi) have been met.

(iii) The procedures in 335-13-15-.07(4)(f)3. will apply to all requests for transfer under 335-13-15-.07(4)(f)4.

(5) Post-closure care requirements.

(a) Applicability.

1. Except as provided by either 335-13-15-.07(5)(a)2., this section applies to owners or operators of CCR landfills, CCR surface impoundments, and all lateral expansions of CCR units that are subject to the closure criteria under 335-13-15-.07(3).

2. An owner or operator of a CCR unit that elects to close a CCR unit by removing CCR as provided by 335-13-15-.07(3)(c) is not subject to the post-closure care criteria under this section.

(b) Post-closure care maintenance requirements.

Following closure of the CCR unit, the owner or operator must conduct post-closure care for the CCR unit, which must consist of at least the following:

1. Maintaining the integrity and effectiveness of the final cover system, including making repairs to the final cover as necessary to correct the effects of settlement, subsidence, erosion, or other events, and preventing run-on and run-off from eroding or otherwise damaging the final cover;

2. If the CCR unit is subject to the design criteria under 335-13-15-.04(1), maintaining the integrity and effectiveness of the leachate collection and removal system and operating the leachate collection and removal system in accordance with the requirements of 335-13-15-.04(1); and

3. Maintaining the groundwater monitoring system and monitoring the groundwater in accordance with the requirements of 335-13-15-.06(1) through 335-13-15-.06(9).

(c) Post-closure care period.

1. Except as provided by 335-13-15-.07(5)(c)2., the owner or operator of the CCR unit must conduct post-closure care for 30 years.

2. If at the end of the post-closure care period the owner or operator of the CCR unit is operating under assessment monitoring in accordance with 335-13-15-.06(6), the owner or operator must continue to conduct post-closure care until the owner or operator returns to detection monitoring in accordance with 335-13-15-.06(6)(e).

(d) Written post-closure plan.

1. Content of the plan. The owner or operator of a CCR unit must prepare and submit to the Department as part of the permit application a written post-closure plan that includes, at a minimum, the information specified in 335-13-15-.07(5)(d)1.(i) through (iii).

(i) A description of the monitoring and maintenance activities required in 335-13-15-.07(5)(b) for the CCR unit, and the frequency at which these activities will be performed;

(ii) The name, address, telephone number, and email address of the person or office to contact about the facility during the post-closure care period; and

(iii) A description of the planned uses of the property during the post-closure period. Post-closure use of the property shall not disturb the integrity of the final cover, liner(s), or any other component of the containment system, or the function of the monitoring systems unless necessary to comply with the requirements in this chapter. Any other disturbance may be approved by the Department if the owner or operator of the CCR unit demonstrates that disturbance of the final cover, liner, or other component of the containment system, including any removal of CCR, will not increase the potential threat to human health or the environment. The demonstration must be certified by a qualified professional engineer, submitted to the Department for approval and placed in the operating record and on the owners or operator's publicly accessible internet site.

2. Deadline to prepare the initial written post-closure plan.

(i) Existing CCR landfills and existing CCR surface impoundments. No later than October 17, 2016, the owner or operator of the CCR unit must prepare an initial written post-closure plan consistent with the requirements specified in 335-13-15-.07(5)(d)1.

(ii) New CCR landfills, new CCR surface impoundments, and any lateral expansion of a CCR unit. No later than the date of the initial receipt of CCR in the CCR unit, the owner or operator must prepare an initial written post-closure plan consistent with the requirements specified in 335-13-15-.07(5)(d)1.

(iii) The owner or operator has completed the written post-closure plan when the plan, including the certification required by 335-13-15-.07(5)(d)4., has been placed in the facility's operating record as required by 335-13-15-.08(1)(i)13.

3. Amendment of a written post-closure plan.

(i) The owner or operator may amend the initial or any subsequent written post-closure plan developed pursuant to 335-13-15-.07(5)(d)1. at any time.

(ii) The owner or operator must amend the written closure plan whenever:

(I) There is a change in the operation of the CCR unit that would substantially affect the written post-closure plan in effect; or

(II) After post-closure activities have commenced, unanticipated events necessitate a revision of the written post-closure plan.

(iii) The owner or operator must amend the written post-closure plan at least 60 days prior to a planned change in the operation of the facility or CCR unit, or no later than 60 days after an unanticipated event requires the need to revise an existing written post-closure plan. If a written post-closure plan is revised after post-closure activities have commenced for a CCR unit, the owner or operator must amend the written post-closure plan no later than 30 days following the triggering event.

4. The owner or operator of the CCR unit must obtain a written certification from a qualified professional engineer that the initial and any amendment of the written post-closure plan meets the requirements of this section. The post-closure plan, as well as the certification from a qualified professional engineer, must be submitted to the Department for approval.

(e) Notification of completion of post-closure care period. No later than 60 days following the completion of the post-closure care period, the owner or operator of the CCR unit must prepare a notification verifying that post-closure care has been completed. The notification must include the certification by a qualified professional engineer verifying that post-closure care has been completed in accordance with the closure plan specified in 335-13-15-.07(5)(d) and the requirements of this section. The owner or operator has completed the notification when it has been submitted to the Department and placed in the facility's operating record as required by 335-13-15-.08(1)(i)14.

(f) The owner or operator of the CCR unit must comply with the recordkeeping requirements specified in 335-13-15-.08(1)(i), the notification requirements specified in 335-13-15-.08(2)(i), and the internet requirements specified in 335-13-15-.08(3)(i).

Ala. Admin. Code r. 335-13-15-.07

Amended by Alabama Administrative Monthly Volume XXXVI, Issue No. 07, April 30, 2018, eff. 6/8/2018.

Amended by Alabama Administrative Monthly Volume XXXIX, Issue No. 03, December 31, 2020, eff. 2/14/2021.

Amended by Alabama Administrative Monthly Volume XL, Issue No. 01, October 29, 2021, eff. 12/13/2021.

Author: Heather M. Jones

Statutory Authority:Code of Ala. 1975, §§ 22-27-3, 22-27-7.