(a) A
person or municipality that stores residual waste in a surface impoundment
shall design, operate and maintain the impoundment in accordance, at a minimum,
with the following:
(1) Section
289.202 (relating to
certification).
(2) Section 289.223
(relating to access roads).
(3)
Sections
289.227 and
289.228 (relating to air resources
protection; and nuisance minimization and control).
(4) Section
289.255 (relating to water supply
replacement).
(5) Sections
289.261 -289.268 (relating to
water quality monitoring).
(6)
Sections 289.271(a) and 289.272-289.274 (relating to impoundments).
(7) Section 289.312 (relating to
closure).
(8) Section
289.522(a)(2), (6) and (7)
(relating to areas where Class II residual
waste disposal impoundments are prohibited).
(9) Notwithstanding the references to
"disposal," §
289.423(a)(1)-(3), (5) and
(6) (relating to minimum requirements for
acceptable waste) or §
289.523(a)(1)-(8) and
(11) (relating to minimum requirements for
acceptable waste).
(10)
Notwithstanding the references to "disposal," if the residual waste to be
stored meets the requirements of §
289.523(a), the
following shall be met:
(i) Section
289.532(a)-(c) (relating to general limitations).
(ii) Section
289.533 (relating to
subbase).
(iii) Section
289.534 (relating to leachate
detection zone).
(iv) Section
289.535 (relating to
liner).
(v) Section
289.536(a)(1) and (b)(1), (2) and
(4) (relating to protective cover), except
that the protective cover material may be up to 1 inch in
diameter.
(11)
Notwithstanding the references to "disposal," if the residual waste to be
stored does not meet the requirements of §
289.523(a), the
following shall be met:
(i) Section
289.432(a)-(c)
(relating to general limitations).
(ii) Section 289.433 (relating to
subbase).
(iii) Section
289.434 (relating to secondary
liner).
(iv) Section
289.435 (relating to leachate
detection zone).
(v) Section
289.436 (relating to primary
liner).
(vi) Section
289.437(a)(1) and (b)(1), (2) and
(4) (relating to protective cover), except
that the protective cover material may be up to 1 inch in
diameter.
(b)
A person or municipality that stores residual waste in a surface impoundment
shall remove waste from the impoundment as follows:
(1) Waste removal may not damage the
impoundment.
(2) The liner shall be
inspected to ensure its integrity, and necessary repairs shall be made prior to
returning the impoundment to service.
(3) The person or municipality shall provide
for the disposal or processing of the removed waste in accordance with this
article.
(4) Waste shall be removed
in accordance with the permit.
(5)
If the removal frequency is greater than once per year, the removal frequency
shall be stated in the permit.
(6)
If the removal frequency is less than or equal to once per year, or if no
removal frequency is stated in the permit, waste shall be removed from the
impoundment annually.