CCR Impoundment Permit Requirements

This bill would create definitions for the following terms:

• Aquifer
• Coal combustion residuals or CCR
• Landfill unit
• Permanent disposal
• Upper limit of the uppermost aquifer
• Uppermost aquifer

This bill would require:

• Public notice in the county or counties legal organ within 14 days if an owner or operator of a municipal solid waste landfill or a commercial industrial landfill seeks modification of an existing permit to allow for the receipt of CCR; 
• EPD to post such application on the division’s website;  
• That, on or after July 1, 2019, no permit or permit modification shall be approved unless;
     o Landfill base is constructed no less than 5 feet above the upper limit of the uppermost aquifer, or the applicant demonstrates that no intermittent, recurring or sustained hydraulic connection between the base of the landfill and the uppermost aquifer due to normal fluctuations in ground-water; and
     o No part of any landfill unit that may receive CCR is located in the 100 year flood plain at the time of original permitting;
• Any municipal solid waste landfill or commercial industrial landfill that received CCR before July 1, 2019 not meeting the new base and flood plain requirements for permitting shall cease receiving CCR on or before December 1, 2019 unless;
     o The landfill incorporates the constituents listed in Appendix IV to 40 C.F.R. Part 257 into its ground-water detection monitoring plan at a frequency of at least semiannually during the active life of the facility (including closure) and the postclosure care period.
• Any municipal solid waste landfill or commercial industrial landfill that receives CCR shall incorporate the constituents listed in Appendix III to 40 C.F.R. Part 257 into its ground-water detection monitoring plan at a frequency of at least semiannually during the active life of the facility (including closure) and the postclosure care period.

Back to Listing