1. (a) If a surface impoundment fails, the person or municipality storing residual waste shall immediately:

   1. (1) Stop adding waste to the impoundment.
   2. (2) Contain any discharge that has occurred or is occurring.
   3. (3) Empty the impoundment in a manner approved by the Department, if leaks cannot be stopped.
   4. (4) Notify the Department of the failure of the impoundment and the measures taken to remedy the failure.

2. (b) A surface impoundment that has been removed from service due to failure may not be restored to service unless the following conditions are met:

   1. (1) The impoundment has been repaired.
   2. (2) The repair has been certified to the Department, in writing, by a registered professional engineer.
   3. (3) The Department has approved, in writing, the restoration of the impoundment to service.
3. (c) If a storage impoundment fails and the impoundment or surrounding area cannot be cleaned up in a manner that is satisfactory to the Department, the impoundment shall be closed and bonded as a residual waste disposal impoundment under Chapter 289 (relating to residual waste disposal impoundments).

Cross References

This section cited in 25 Pa. Code § 288.455 (relating to leachate collection and storage); 25 Pa. Code § 288.555 (relating to leachate collection and storage); 25 Pa. Code § 289.455 (relating to leachate collection and storage); 25 Pa. Code § 289.555 (relating to leachate collection and storage); 25 Pa. Code § 299.101 (relating to scope); and 25 Pa. Code § 299.141 (relating to scope).