| (a) The commission adopts by reference 40 Code of Federal
Regulations (CFR) §257.104 (Post-closure care requirements) as
amended through the August 5, 2016, issue of the Federal Register (81 FR 51802), subject
to the additions under this section.
(b) The owner or operator shall submit to the executive
director:
(1) a copy of the notification of completion of post-closure
care period required by 40 CFR §257.104(e); and
(2) a demonstration that the coal combustion residuals
(CCR) unit poses no threat to human health, the environment, or property.
(c) The post-closure period shall be extended until
the executive director approves a demonstration that the CCR unit
poses no threat to human health, the environment, or property. The
financial assurance required in §352.1101(d) of this title (relating
to Financial Assurance) shall be continued until such time that the
executive director determines that post-closure care is no longer
needed.
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