| (a) The owner or operator of an existing coal combustion
residuals (CCR) surface impoundment must meet the requirements of
this section.
(1) The owner or operator of an existing CCR surface
impoundment must document whether or not such unit was constructed
with any one of the following:
(A) a composite liner that meets the requirements of §352.701
of this title (relating to Design Criteria for Coal Combustion Residuals
Landfills); or
(B) an alternative composite liner that meets the requirements
of §352.701 of this title.
(2) The hydraulic conductivity of the compacted soil
must be determined and documented using recognized and generally accepted
methods.
(3) An existing CCR surface impoundment is considered
to be an existing unlined CCR surface impoundment if either:
(A) the owner or operator of the CCR unit determines
that the CCR unit is not constructed with a liner that meets the requirements
of paragraph (1)(A) or (B) of this subsection; or
(B) the owner or operator of the CCR unit fails to
document whether the CCR unit was constructed with a liner that meets
the requirements of paragraph (1)(A) or (B) of this subsection.
(4) All existing unlined CCR surface impoundments are
subject to the requirements of §352.1211 of this title (relating
to Closure or Retrofit of Coal Combustion Residuals Units).
(b) The owner or operator of the CCR unit must obtain
a certification from a licensed professional engineer attesting that
the documentation as to whether a CCR unit meets the requirements
of subsection (a) of this section is accurate.
(c) The owner or operator of the CCR unit must comply
with the recordkeeping requirements specified in §352.1301 of
this title (relating to Recordkeeping Requirements), the notification
requirements specified in §352.1311 of this title (relating to
Notification Requirements), and the internet requirements specified
in §352.1321 of this title (relating to Publicly Accessible Website
Requirements).
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