SECTION 252:517-5-1. Placement above the uppermost aquifer

(a)   Applicability. New CCR landfills, existing and new CCR surface impoundments, and all lateral expansions of CCR units must be constructed with a base that is located no less than 1.52 meters (five feet) above the upper limit of the uppermost aquifer, or must demonstrate that there will not be an intermittent, recurring, or sustained hydraulic connection between any portion of the base of the CCR unit and the uppermost aquifer due to normal fluctuations in groundwater elevations (including the seasonal high water table). The owner or operator must demonstrate by the dates specified in paragraph (c) of this Section that the CCR unit meets the minimum requirements for placement above the uppermost aquifer.

(b)   PE certification. The owner or operator of the CCR unit must obtain a certification from a qualified professional engineer stating that the demonstration meets the requirements of paragraph (a) of this Section.

(c)   Compliance dates; DEQ approval required. The owner or operator of the CCR unit must complete the demonstration required by paragraph (a) of this Section by the date specified in either paragraph (c)(1) or (2) of this Section.

(1)   For an existing CCR surface impoundment, the owner or operator must complete the demonstration no later than October 17, 2018.

(2)   For a new CCR landfill, new CCR surface impoundment, or any lateral expansion of a CCR unit, the owner or operator must complete the demonstration no later than the date of initial receipt of CCR in the CCR unit.

(3)   The owner or operator has completed the demonstration required by paragraph (a) of this Section when the demonstration is approved by the DEQ and placed in the facility's operating record as required by OAC 252:517-19-1(e).

(4)   An owner or operator of an existing CCR surface impoundment who fails to demonstrate compliance with the requirements of paragraph (a) of this Section by the date specified in paragraph (c)(1) of this Section is subject to the requirements of OAC 252:517-15-6(b)(1).

(5)   An owner or operator of a new CCR landfill, new CCR surface impoundment, or any lateral expansion of a CCR unit who fails to make the demonstration showing compliance with the requirements of paragraph (a) of this Section is prohibited from placing CCR in the CCR unit.

(6)   The owner or operator must submit the demonstrations to DEQ for approval.

(d)   Recordkeeping. The owner or operator of the CCR unit must comply with the recordkeeping requirements specified in OAC 252:517-19-1(e), the notification requirements specified in OAC 252:517-19-2(e), and the internet requirements specified in OAC 252:517-19-3(e).

[Source: Added at 33 Ok Reg 1469, eff 9-15-16]