Sec. 11519b.

(1) Placement of coal ash and associated liquids into an existing coal ash impoundment or coal ash impoundment licensed under this part is permitted and shall be conducted consistent with good management practices as defined in section 11519a and this section.

(2) If the detection monitoring required in sections 11511a(3), 11512a(1), and 11519a(1)(h) confirms a statistically significant increase over background for 1 or more of the constituents listed in section 11511a(3), the owner and operator of a coal ash landfill or coal ash impoundment shall comply with R 299.4440 and 299.4441 of the part 115 rules, including, as applicable, conducting assessment monitoring and preparation of a response action plan in compliance with R 299.4442 of the part 115 rules. The constituents to be monitored in the assessment monitoring program shall include those listed in section 11511a(3) and all of the following:

(a) Antimony.

(b) Arsenic.

(c) Barium.

(d) Beryllium.

(e) Cadmium.

(f) Chromium.

(g) Cobalt.

(h) Copper.

(i) Lead.

(j) Lithium.

(k) Nickel.

(l) Mercury.

(m) Molybdenum.

(n) Selenium.

(o) Silver.

(p) Thallium.

(q) Vanadium.

(r) Zinc.

(s) Radium 226 and 228 combined.

(3) The constituents listed in this section shall be analyzed by methods specified in "Standard Methods for the Examination of Water and Wastewater, 19th edition", published by the United States Environmental Protection Agency, or by other methods approved by the director or his or her designee.

(4) If the owner or operator of a coal ash landfill or coal ash impoundment is obligated to prepare a response action plan, the owner or operator shall comply with R 299.4442 to R 299.4445 of the part 115 rules, as applicable.

(5) The owner or operator of a coal ash landfill shall place landfill cover materials that are described in R 299.4304 of the part 115 rules over the entire surface of each portion of the final lift not more than 6 months after the final placement of coal ash within the landfill or landfill unit.

(6) The owner or operator of a coal ash impoundment shall begin to implement closure as described in R 299.4309(7) of the part 115 rules not more than 6 months after the final placement of coal ash within the impoundment and shall diligently pursue the closure. The closure shall be completed in compliance with 40 CFR 257.102(f)(1) and (2).

(7) Coal ash impoundments or coal ash landfills may be closed as a type III landfill pursuant to the applicable rules or by removal of coal ash from the impoundment as described in this part.

(8) If a coal ash impoundment is closed by the date that is 2 years after the effective date of the amendatory act that added this section and the department accepts the certification of the closure, the owner is not required to provide financial assurance under section 11523 or pay into a perpetual care fund under section 11525.

(9) Closure by removal of coal ash under subsection (7) is complete when either of the following requirements are met:

(a) The owner or operator certifies compliance with the requirements of 40 CFR 257.102(c).

(b) The owner or operator certifies that testing confirms that constituent concentrations remaining in the coal ash impoundment or landfill unit and any concentrations of soil or groundwater affected by releases therefrom do not exceed the lesser of the applicable standards adopted by the department pursuant to section 20120a or the groundwater protection standards established pursuant to 40 CFR 257.95(h) and the department accepts the certification or, if the constituent concentrations do exceed those standards, the department has approved a remedy consistent with R 299.4444 and R 299.4445 of the part 115 rules.

(10) Upon completion of the closure by removal under subsection (9), the financial assurance under section 11523 and perpetual care fund under section 11525 shall be terminated, the owner or operator is not required to provide financial assurance or contribute to a perpetual care fund, and any claim to the assurance or fund by the department is terminated and released. The termination and release do not impair the department's authority to require, whether upon completion of closure under subsection (9)(b) or subsequently, financial assurance for corrective action as provided under this act.

History: Add. 2018, Act 640, Imd. Eff. Dec. 28, 2018 Popular Name: Act 451Popular Name: NREPAPopular Name: Solid Waste Act