1. (a) Inactive CCR surface impoundments are subject to the requirements of Sections R315-319-50 through R315-319-107 applicable to existing CCR surface impoundments.
2. (b) Reserved.
3. (c) Reserved.
4. (d) Reserved.
5. (e) Timeframes for certain inactive CCR surface impoundments.

6. (1) An inactive CCR surface impoundment that the owner or operator has completed the actions by the deadlines specified in Subsections R315-319-100(e)(1)(i) through R315-319-100(e)(1)(iii) is eligible for the alternative timeframes specified in Subsections R315-319-100(e)(2) through R315-319-100(e)(6). The owner or operator of the CCR unit shall comply with the applicable recordkeeping, notification, and internet requirements associated with these provisions. For the inactive CCR surface impoundment:

   1. (i) the owner or operator shall have prepared and placed in the facility's operating record by December 17, 2015, a notification of intent to initiate closure of the inactive CCR surface impoundment pursuant to Subsection R315-319-105(i)(1);

      1. (ii) the owner or operator shall have provided notification to the director by January 19, 2016, of the intent to initiate closure of the inactive CCR surface impoundment pursuant to Subsection R315-319-106(i)(1); and
      2. (iii) the owner or operator shall have placed on its CCR web site by January 19, 2016, the notification of intent to initiate closure of the inactive CCR surface impoundment pursuant to Subsection R315-319-107(i)(1).

7. (2) Location restrictions.

   1. (i) No later than April 16, 2020, the owner or operator of the inactive CCR surface impoundment shall:

      1. (A) complete the demonstration for placement above the uppermost aquifer as set forth in Subsections R315-319-60(a), R315-319-60(b), and R315-319-60(c)(3);
      2. (B) complete the demonstration for wetlands as set forth in Subsections R315-319-61(a), R315-319-61(b), and R315-319-61(c)(3);
      3. (C) complete the demonstration for fault areas as set forth in Subsections R315-319-62(a), R315-319-62(b), and R315-319-62(c)(3);
      4. (D) complete the demonstration for seismic impact zones as set forth in Subsections R315-319-63(a), R315-319-63(b), and R315-319-63(c)(3); and
      5. (E) complete the demonstration for unstable areas as set forth in Subsections R315-319-64(a), R315-319-64(b), R315-319-64(c), and R315-319-64(d)(3).
      6. (ii) An owner or operator of an inactive CCR surface impoundment who fails to demonstrate compliance with the requirements of Subsection R315-319-100(e)(2)(i) is subject to the closure requirements of Subsection R315-319-101(b)(1).

8. (3) Design criteria. The owner or operator of the inactive CCR surface impoundment shall:

   1. (i) no later than April 17, 2018, complete the documentation of liner type as set forth by Subsection R315-319-71(a) and R315-319-71(b);

      1. (ii) no later than June 16, 2017, place on or immediately adjacent to the CCR unit the permanent identification marker as set forth in Subsection R315-319-73(a)(1);
      2. (iii) no later than October 16, 2018, prepare and maintain an EAP as set forth in Subsection R315-319-73(a)(3);
      3. (iv) no later than April 17, 2018, compile a history of construction as set forth in Subsections R315-319-73(b)and R315-319-73(c); and
      4. (v) no later than April 17, 2018, complete the initial hazard potential classification, structural stability, and safety factor assessments as set forth in Subsections R315-319-73(a)(2), R315-319-73(b), R315-319-73(d), R315-319-73(e), and R315-319-73(f).

9. (4) Operating criteria. The owner or operator of the inactive CCR surface impoundment shall:

   1. (i) no later than April 18, 2017, prepare the initial CCR fugitive dust control plan as set forth in Subsection R315-319-80(b);

      1. (ii) no later than April 17, 2018, prepare the initial inflow design flood control system plan as set forth in Subsection R315-319-82(c);
      2. (iii) no later than April 18, 2017, initiate the inspections by a qualified person as set forth in Subsection R315-319-83(a); and
      3. (iv) no later than July 19, 2017, complete the initial annual inspection by a qualified professional engineer as set forth in Subsection R315-319-83(b).

10. (5) Groundwater monitoring and corrective action. The owner or operator of the inactive CCR surface impoundment shall:

    1. (i) no later than April 17, 2019, comply with groundwater monitoring requirements set forth in Subsections R315-319-90(b) and R315-319-94(b); and

       1. (ii) no later than August 1, 2019, prepare the initial groundwater monitoring and corrective action report as set forth in Subsection R315-319-90(e).

11. (6) Closure and post-closure care. The owner or operator of the inactive CCR surface impoundment shall:

    1. (i) no later than April 17, 2018, prepare an initial written closure plan as set forth in Subsection R315-319-102(b); and

       1. (ii) no later than April 17, 2018, prepare an initial written post-closure care plan as set forth in Subsection R315-319-104(d).

KEY: permit, solid waste, coal ash

Date of Last Change: September 15, 2025

Notice of Continuation: June 16, 2026

Authorizing, and Implemented or Interpreted Law: 19-6-108