1. (a) Except as provided for in Section R315-319-100 for inactive CCR surface impoundments, CCR landfills, CCR surface impoundments, and lateral expansions of CCR units are subject to the groundwater monitoring and corrective action requirements under Sections R315-319-90 through R315-319-98.
2. (b) Initial timeframes.

3. (1) Existing CCR landfills and existing CCR surface impoundments. No later than October 17, 2017, the owner or operator of the CCR unit shall be in compliance with the groundwater monitoring requirements listed in Subsections R315-319-90(b)(1)(i) through R315-319-90(b)(1)(iv):

   1. (i) install the groundwater monitoring system as required by Section R315-319-91;

      1. (ii) develop the groundwater sampling and analysis program to include selection of the statistical procedures to be used for evaluating groundwater monitoring data as required by Section R315-319-93;
      2. (iii) initiate the detection monitoring program to include obtaining a minimum of eight independent samples for each background and downgradient well as required by Subsection R315-319-94(b); and
      3. (iv) begin evaluating the groundwater monitoring data for statistically significant increases over background levels for the constituents listed in Appendix III to Rule R315-319 as required by Section R315-319-94.

4. (2) New CCR landfills, new CCR surface impoundments, and lateral expansions of CCR units. Before initial receipt of CCR by the CCR unit, the owner or operator shall be in compliance with the groundwater monitoring requirements specified in Subsections R315-319-90(b)(1)(i) and R315-319-90(b)(1)(ii). In addition, the owner or operator of the CCR unit shall initiate the detection monitoring program to include obtaining a minimum of eight independent samples for each background well as required by Subsection R315-319-94(b).

   1. (c) Once a groundwater monitoring system and groundwater monitoring program has been established at the CCR unit as required by Sections R315-319-50 through R315-319-107, the owner or operator shall conduct groundwater monitoring and, if necessary, corrective action throughout the active life and post-closure care period of the CCR unit.
   2. (d) In the event of a release from a CCR unit, the owner or operator shall immediately take any necessary measures to control the sources of releases so as to reduce or eliminate, to the maximum extent feasible, further releases of contaminants into the environment. The owner or operator of the CCR unit shall comply with the applicable requirements in Sections R315-319-96, R315-319-97, and R315-319-98.
   3. (e) Annual groundwater monitoring and corrective action report. For existing CCR landfills and existing CCR surface impoundments, no later than January 31, 2018, and annually thereafter, the owner or operator shall prepare an annual groundwater monitoring and corrective action report and forward the report to the director by March 1 of each year. For new CCR landfills, new CCR surface impoundments, and lateral expansions of CCR units, the owner or operator shall prepare the initial annual groundwater monitoring and corrective action report no later than January 31 of the year following the calendar year a groundwater monitoring system has been established for the CCR unit as required by Sections R315-319-50 through R315-319-107, and annually thereafter. For the preceding calendar year, the annual report shall document the status of the groundwater monitoring and corrective action program for the CCR unit, summarize key actions completed, describe any problems encountered, discuss actions to resolve the problems, and project key activities for the upcoming year. For purposes of Section R315-319-90, the owner or operator has prepared the annual report when the report is placed in the facility's operating record as required by Subsection R315-319-105(h)(1). At a minimum, the annual groundwater monitoring and corrective action report shall contain, to the extent available:
5. (1) a map, aerial image, or diagram showing the CCR unit and the background, or upgradient, and downgradient monitoring wells, to include the well identification numbers, that are part of the groundwater monitoring program for the CCR unit;
6. (2) identification of any monitoring wells that were installed or decommissioned during the preceding year, along with a narrative description of why those actions were taken;
7. (3) in addition to the monitoring data obtained under Sections R315-319-90 through R315-319-98, a summary including the number of groundwater samples that were collected for analysis for each background and downgradient well, the dates the samples were collected, and whether the sample was required by the detection monitoring or assessment monitoring programs;
8. (4) a narrative discussion of any transition between monitoring programs, for example, the date and circumstances for transitioning from detection monitoring to assessment monitoring in addition to identifying the constituents detected at a statistically significant increase over background levels;
9. (5) other information required to be included in the annual report as specified in Sections R315-319-90 through R315-319-98; and

10. (6) A section at the beginning of the annual report that provides an overview of the current status of groundwater monitoring and corrective action programs for the CCR unit. At a minimum, the summary shall specify:

    1. (i) at the start of the current annual reporting period, whether the CCR unit was operating under the detection monitoring program in Section R315-319-94 or the assessment monitoring program in Section R315-319-95;

       1. (ii) at the end of the current annual reporting period, whether the CCR unit was operating under the detection monitoring program in Section R315-319-94 or the assessment monitoring program in Section R315-319-95;

       2. (iii) if it was determined that there was a statistically significant increase over background for one or more constituents listed in Appendix III to Rule R315-319 pursuant to Subsection R315-319-94(e):

          1. (A) identify those constituents listed in Appendix III to Rule R315-319 and the names of the monitoring wells associated with an increase; and
          2. (B) provide the date when the assessment monitoring program was initiated for the CCR unit;

       3. (iv) if it was determined that there was a statistically significant level above the groundwater protection standard for one or more constituents listed in Appendix IV to Rule R315-319 pursuant to Subsection R315-319-95(g) include:

          1. (A) identification of those constituents listed in Appendix IV to Rule R315-319 and the names of the monitoring wells associated with an increase;
          2. (B) the date when the assessment of corrective measures was initiated for the CCR unit;
          3. (C) the date when the public meeting was held for the assessment of corrective measures for the CCR unit; and
          4. (D) the date when the assessment of corrective measures was completed for the CCR unit;
       4. (v) whether a remedy was selected pursuant to Section R315-319-97 during the current annual reporting period, and if so, the date of remedy selection; and
       5. (vi) whether remedial activities were initiated or are ongoing pursuant to Section R315-319-98 during the current annual reporting period.
    2. (f) The owner or operator of the CCR unit shall comply with the recordkeeping requirements specified in Subsection R315-319-105(h), the notification requirements specified in Subsection R315-319-106(h), and the internet requirements specified in Subsection R315-319-107(h).

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