1) Stable foundations and abutments;

1. 2) Adequate slope protection to protect against surface erosion, wave action, and adverse effects of sudden drawdown;
2. 3) Dikes mechanically compacted to a density sufficient to withstand the range of loading conditions in the CCR surface impoundment;
3. 4) Slope protection consistent with Section 845.430;
4. 5) A single spillway or a combination of spillways configured as specified in subsection (a)(5)(A). The combined capacity of all spillways must be designed, constructed, operated, and maintained to adequately manage flow during and following the peak discharge from the event specified in subsection (a)(5)(B).

5. A) All spillways must be either:

   1. i) Of non-erodible construction and designed to carry sustained flows; or
   2. ii) Earth- or grass-lined and designed to carry short-term, infrequent flows at non-erosive velocities where sustained flows are not expected.

   3. B) The combined capacity of all spillways must adequately manage flow during and following the peak discharge from a:

      1. i) Probable maximum flood for a Class 1 CCR surface impoundment; or
      2. ii) 1000-year flood for a Class 2 CCR surface impoundment.
   4. 6) Hydraulic structures underlying the base of the CCR surface impoundment or passing through the dike of the CCR surface impoundment that maintain structural integrity and are free of significant deterioration, deformation, distortion, bedding deficiencies, sedimentation, and debris that may negatively affect the CCR surface impoundment; and
   5. 7) For CCR surface impoundments with downstream slopes that can be inundated by the pool of an adjacent water body, such as a river, stream or lake, downstream slopes that maintain structural stability during low pool of the adjacent water body or sudden drawdown of the adjacent water body.
6. b) The annual assessment described in this Section must identify any structural stability deficiencies associated with the CCR surface impoundment in addition to recommending corrective measures. If a deficiency or a release is identified during the periodic assessment, the owner or operator of the surface impoundment must submit to the Agency a construction permit application including documentation detailing proposed corrective measures and must obtain any necessary permits from the Agency as soon as feasible.
7. c) The owner or operator of the CCR surface impoundment must obtain a certification from a qualified professional engineer stating that the initial structural stability assessments and each annual assessment thereafter was conducted in accordance with the requirements.

8. d) Timeframe for Submission of Structural Stability Assessment

   1. 1) The owner or operator of a new CCR surface impoundment must submit the initial structural stability assessment certification with the initial operating permit application before the initial receipt of CCR in the surface impoundment.
   2. 2) The owner or operator of an existing CCR surface impoundment must submit the initial structural stability assessment certification with its first annual inspection report required by Section 845.540(b).
   3. 3) The owner or operator of a CCR surface impoundment must submit the annual structural stability assessment certification each year with the annual inspection required by Section 845.540(b).
   4. 4) The owner or operator of a CCR surface impoundment must place each structural stability assessment in the facility's operating record (see Section 845.800(d)(5)).
9. e) The requirements of this Section apply to all CCR surface impoundments, except for those CCR surface impoundments that are incised CCR surface impoundments. If an incised CCR surface impoundment is subsequently modified (e.g., a dike is constructed) such that the CCR surface impoundment no longer meets the definition of an incised CCR surface impoundment, the CCR surface impoundment is subject to the requirements of this Section.