1. (A) Coal combustion residuals that result from an electrical utility, an electric cooperative, a governmental entity, a corporation, or an individual producing electricity for sale or distribution by burning coal must be placed in a commercial Class 3 solid waste management landfill, unless the coal combustion residuals are:

   1. (1) located contiguous with the electric generating unit;
   2. (2) intended to be beneficially reused;
   3. (3) placed into beneficial reuse; or
   4. (4) placed in an appropriate landfill which meets the standards of the Department of Health and Environmental Control Regulation 61-107, and that is owned or operated by the entity that produced the electricity which resulted in the coal combustion residuals.
2. (B) The "beneficial reuse" of coal combustion residuals, as used in this section, is subject to the applicable regulations as promulgated by the Department of Health and Environmental Control.

HISTORY: 2016 Act No. 138 (H.4857), Section 1, eff March 2, 2016.

Editor's Note

2016 Act No. 138, Sections 2 and 4, provide as follows:

"SECTION 2. Nothing in this act affects any other provisions or requirements of law or regulation applicable to coal combustion residuals."

"SECTION 4. This act takes effect upon approval by the Governor and applies to the disposal of coal combustion residuals placed in a landfill on or after that date."