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

   1. (1) Stop adding waste to the impoundment.
   2. (2) Contain a 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 requirements 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 will protect public health, safety and the environment and that is satisfactory to the Department, the operator shall submit a closure plan to the Department that meets one of the following and, upon Department approval, implement the closure plan:

   1. (1) Removal of waste.

      1. (i) The closure plan provides for removal of the waste and structures or other materials which contain or are contaminated with solid waste.
      2. (ii) The closure plan provides for the processing or disposal of the waste and material under the environmental protection acts and this title.
      3. (iii) If required by the Department, the closure plan includes a soil and groundwater monitoring plan to assess the impact of the failure on groundwater consistent with § 273.286 (relating to groundwater assessment plan).
      4. (iv) If the groundwater assessment shows the presence of groundwater degradation at one of the monitoring wells, the operator shall comply with § 273.287 (relating to abatement plan).
   2. (2) Waste remaining in place. If the closure plan provides for leaving the waste in place, the operator shall comply with § 271.113 (relating to closure plan).

Source

The provisions of this § 285.124 amended December 22, 2000, effective December 23, 2000, 30 Pa.B. 6685. Immediately preceding text appears at serial page (226414).

Cross References

This section cited in 25 Pa. Code § 273.275 (relating to leachate collection and storage); 25 Pa. Code § 277.275 (relating to leachate collection and storage); and 25 Pa. Code § 285.101 (relating to scope).