Title 401 | Chapter 004 | Regulation 070


401 KAR 4:070.Coal combustion residuals surface impoundments.

Section 1.

Definition. "Coal combustion residuals surface impoundment" or "CCR surface impoundment" means a natural topographic depression, man-made excavation, or diked area, which is designed to hold an accumulation of CCR and liquids, and the unit treats, stores, or disposes of CCR.

Section 2.

The structural integrity criteria requirements for an owner or operator of an existing CCR surface impoundment shall be as established in 40 C.F.R 257.73.

Section 3.

The structural integrity criteria requirements for an owner or operator of a new CCR surface impoundment and any lateral expansion of a CCR surface impoundment shall be as established in 40 C.F.R 257.74.

Section 4.

The hydrologic and hydraulic capacity requirements for owners or operators of CCR surface impoundments shall be as established in 40 C.F.R. 257.82.

Section 5.

The inspection requirements for owners or operators of CCR surface impoundments shall be as established in 40 C.F.R. 257.83.

Section 6.

Except for 40 C.F.R. 257.107, including cross-references to 40 C.F.R. 257.107 within 40 C.F.R. 257.73, 257.74, 257.82, and 257.83, the record keeping and notification requirements for an owner or operator of a CCR surface impoundment shall be as established in 40 C.F.R. 257.105 and 257.106.

HISTORY: (43 Ky.R. 848; eff. 5-5-2017; Crt eff. 8-9-2018.)

7-Year Expiration: 8/9/2025

Last Updated: 12/15/2021


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