reglab/statecodes huggingface dataset:
Oklahoma Administrative Code › Title 252 - Department of Environmental Quality › Chapter 517 - Disposal of Coal Combustion Residuals from Electric Utilities › Subchapter 9 - Groundwater Monitoring/Corrective Action › Section 252:517-9-5 - Detection monitoring program

Current through Vol. 41, No. 20, July 1, 2024
(a)
Detection monitoring required.
The owner or operator of a CCR unit
				must conduct detection monitoring at all groundwater monitoring wells
				consistent with this Section. At a minimum, a detection monitoring program must
				include groundwater monitoring for all constituents listed in Appendix A to
				this Chapter.
(b)
Monitoring
				frequency.
Except as provided in paragraph (d) of this Section, the
				monitoring frequency for the constituents listed in Appendix A to this Chapter
				shall be at least semiannual during the active life of the CCR unit and the
				post-closure period. For existing CCR landfills and existing CCR surface
				impoundments, a minimum of eight independent samples from each background and
				downgradient well must be collected and analyzed for the constituents listed in
				Appendix A and B to this Chapter no later than October 17, 2017. For new CCR
				landfills, new CCR surface impoundments, and all lateral expansions of CCR
				units, a minimum of eight independent samples for each background well must be
				collected and analyzed for the constituents listed in Appendices A and B to
				this Chapter during the first six months of sampling.
(c)
Number of samples.
The
				number of samples collected and analyzed for each background well and
				downgradient well during subsequent semiannual sampling events must be
				consistent with OAC
				252:517-9-4(e),
				and must account for any unique characteristics of the site, but must be at
				least one sample from each background and downgradient well.
(d)
Alternative monitoring
				frequency.
The owner or operator of a CCR unit may demonstrate the need
				for an alternative monitoring frequency for repeated sampling and analysis for
				constituents listed in Appendix A to this Chapter during the active life and
				the post-closure care period based on the availability of groundwater. If there
				is not adequate groundwater flow to sample wells semiannually, the alternative
				frequency shall be no less than annual. The need to vary monitoring frequency
				must be evaluated on a site-specific basis and approved by the DEQ. The
				demonstration must be supported by, at a minimum, the information specified in
				paragraphs (d)(1) and (2) of this Section.
(1) Information documenting that the need for
				less frequent sampling. The alternative frequency must be based on
				consideration of the following factors:
(A)
				Lithology of the aquifer and unsaturated zone;
(B) Hydraulic conductivity of the aquifer and
				unsaturated zone; and
(C)
				Groundwater flow rates.
Oklahoma Administrative Code › Title 252 - Department of Environmental Quality › Chapter 517 - Disposal of Coal Combustion Residuals from Electric Utilities › Subchapter 9 - Groundwater Monitoring/Corrective Action › Section 252:517-9-6 - Assessment monitoring program

Current through Vol. 41, No. 20, July 1, 2024
(a)
Assessment monitoring required.
Assessment monitoring is required
				whenever a statistically significant increase over background levels has been
				detected for one or more of the constituents listed in Appendix A to this
				Chapter.
(b)
Initiation and
				number of samples.
Within 90 days of triggering an assessment monitoring
				program, and annually thereafter, the owner or operator of the CCR unit must
				sample and analyze the groundwater for all constituents listed in Appendix B to
				this Chapter. The number of samples collected and analyzed for each well during
				each sampling event must be consistent with OAC
				252:517-9-4(f),
				and must account for any unique characteristics of the site, but must be at
				least one sample from each well.
(c)
Alternative monitoring
				frequency.
The owner or operator of a CCR unit may demonstrate the need
				for an alternative monitoring frequency for repeated sampling and analysis for
				constituents listed in Appendix B to this Chapter during the active life and
				the post-closure care period based on the availability of groundwater. If there
				is not adequate groundwater flow to sample wells semiannually, the alternative
				frequency shall be no less than annual. The need to vary monitoring frequency
				must be evaluated on a site-specific basis and approved by the DEQ. The
				demonstration must be supported by, at a minimum, the information specified in
				paragraphs (c)(1) and (2) of this Section.
(1) The alternative sampling frequency must
				be based on consideration of the following factors:
(A) Lithology of the aquifer and unsaturated
				zone;
(B) Hydraulic conductivity of
				the aquifer and unsaturated zone; and
(C) Groundwater flow rates.
Oklahoma Administrative Code › Title 252 - Department of Environmental Quality › Chapter 517 - Disposal of Coal Combustion Residuals from Electric Utilities › Subchapter 9 - Groundwater Monitoring/Corrective Action › Section 252:517-9-7 - Assessment of corrective measures

Current through Vol. 41, No. 20, July 1, 2024
(a)
Assessment of corrective measures required.
Within 90 days of
				finding that any constituent listed in Appendix B to this Chapter has been
				detected at a statistically significant level exceeding the groundwater
				protection standard defined under OAC
				252:517-9-6(h),
				or immediately upon detection of a release from a CCR unit, the owner or
				operator must initiate an assessment of corrective measures to prevent further
				releases, to remediate any releases and to restore affected area to original
				conditions. A proposed plan and schedule for analyzing the release from the
				facility into the environment and for developing appropriate corrective action
				must be submitted to DEQ. The assessment of corrective measures must be
				completed within 90 days, unless the owner or operator demonstrates the need
				for additional time to complete the assessment of corrective measures due to
				site-specific conditions or circumstances. The owner or operator must obtain a
				certification from a qualified professional engineer attesting that the
				demonstration is accurate. The 90-day deadline to complete the assessment of
				corrective measures may be extended for no longer than 60 days. The owner or
				operator must also include the demonstration in the annual groundwater
				monitoring and corrective action report required by OAC
				252:517-9-1(e),
				in addition to the certification by a qualified professional
				engineer.
(b)
Continued
				monitoring.
The owner or operator of the CCR unit must continue to
				monitor groundwater in accordance with the assessment monitoring program as
				specified in OAC
				252:517-9-6.
(c)
Effectiveness of corrective
				measures.
The assessment under paragraph (a) of this Section must
				include an analysis of the effectiveness of potential corrective measures in
				meeting all of the requirements and objectives of the remedy as described under
				OAC
				252:517-9-8
				addressing at least the following:
(1) The
				performance, reliability, ease of implementation, and potential impacts of
				appropriate potential remedies, including safety impacts, cross-media impacts,
				and control of exposure to any residual contamination;
(2) The time required to begin and complete
				the remedy;
(3) The institutional
				requirements, such as state or local permit requirements or other environmental
				or public health requirements that may substantially affect implementation of
				the remedy(s).
Oklahoma Administrative Code › Title 252 - Department of Environmental Quality › Chapter 517 - Disposal of Coal Combustion Residuals from Electric Utilities › Subchapter 9 - Groundwater Monitoring/Corrective Action › Section 252:517-9-8 - Selection of remedy

Current through Vol. 41, No. 20, July 1, 2024
(a)
Remedy
				selection.
Based on the results of the corrective measures assessment
				conducted under OAC
				252:517-9-7,
				the owner or operator must, as soon as feasible, select a remedy that, at a
				minimum, meets the standards listed in paragraph (b) of this Section. This
				requirement applies to, not in place of, any applicable standards under the
				Occupational Safety and Health Act. The owner or operator must prepare, and
				submit to DEQ for approval, a semiannual report describing the progress in
				selecting and designing the remedy. Upon selection of a remedy, the owner or
				operator must prepare, and submit to DEQ for approval, a final report
				describing the selected remedy and how it meets the standards specified in
				paragraph (b) of this Section. The owner or operator must obtain a
				certification from a qualified professional engineer that the remedy selected
				meets the requirements of this Section. The report has been completed when it
				is placed in the operating record as required by OAC
				252:517-19-1(h)(12).
(b)
Remedy requirements.
The
				remedy must:
(1) Be protective of human
				health and the environment;
(2)
				Attain the groundwater protection standard as specified pursuant to OAC
				252:517-9-6(h);
(3) Control the source(s) of releases so as
				to reduce or eliminate, to the maximum extent feasible, further releases of
				constituents in Appendix B to this Chapter into the environment;
(4) Remove from the environment as much of
				the contaminated material that was released from the CCR unit as is feasible,
				taking into account factors such as avoiding inappropriate disturbance of
				sensitive ecosystems;
(5) Comply
				with standards for management of wastes as specified in OAC
				252:517-9-9(d).
Oklahoma Administrative Code › Title 252 - Department of Environmental Quality › Chapter 517 - Disposal of Coal Combustion Residuals from Electric Utilities › Subchapter 9 - Groundwater Monitoring/Corrective Action › Section 252:517-9-9 - Implementation of the corrective action program

Current through Vol. 41, No. 20, July 1, 2024
(a)
Requirements.
Within 90 days
				of selecting a remedy under OAC
				252:517-9-8,
				the owner or operator must initiate remedial activities. Based on the schedule
				established under OAC
				252:517-9-8(d)
				for implementation and completion of remedial activities the owner or operator
				must:
(1) Establish and implement a
				corrective action groundwater monitoring program that:
(A) At a minimum, meets the requirements of
				an assessment monitoring program under OAC
				252:517-9-6;
(B) Documents the effectiveness of the
				corrective action remedy; and
(C)
				Demonstrates compliance with the groundwater protection standard pursuant to
				paragraph (c) of this Section.
Oklahoma Administrative Code › Title 252 - Department of Environmental Quality › Chapter 517 - Disposal of Coal Combustion Residuals from Electric Utilities › Subchapter 11 - Design Criteria › Section 252:517-11-1 - Design criteria for new CCR landfills and any lateral expansion of a CCR landfill

Current through Vol. 41, No. 20, July 1, 2024
(a)
Applicability.
(1) New CCR
				landfills and any lateral expansion of a CCR landfill must be designed,
				constructed, operated, and maintained with either a composite liner that meets
				the requirements of paragraph (b) of this Section or an alternative composite
				liner that meets the requirements in paragraph (c) of this Section, and a
				leachate collection and removal system that meets the requirements of paragraph
				(d) of this Section.
(2) Prior to
				construction of an overfill the underlying surface impoundment must meet the
				requirements of OAC
				252:517-15-7(d).
Oklahoma Administrative Code › Title 252 - Department of Environmental Quality › Chapter 517 - Disposal of Coal Combustion Residuals from Electric Utilities › Subchapter 11 - Design Criteria › Section 252:517-11-2 - Liner design criteria for existing CCR surface impoundments

Current through Vol. 41, No. 20, July 1, 2024
(a)
Applicability.
(1) No later than October 17, 2016, 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) [RESERVED];
(B) A composite liner that meets the
				requirements of OAC
				252:517-11-1(b);
				or
(C) An alternative composite
				liner that meets the requirements of OAC
				252:517-11-1(c).
Oklahoma Administrative Code › Title 252 - Department of Environmental Quality › Chapter 517 - Disposal of Coal Combustion Residuals from Electric Utilities › Subchapter 11 - Design Criteria › Section 252:517-11-3 - Liner design criteria for new CCR surface impoundments and any lateral expansion of a CCR surface impoundment

Current through Vol. 41, No. 20, July 1, 2024
(a)
Applicability.
New CCR surface impoundments and lateral expansions
				of existing and new CCR surface impoundments must be designed, constructed,
				operated, and maintained with either a composite liner or an alternative
				composite liner that meets the requirements of OAC
				252:517-11-1(b)
				or (c).
(b)
Liner coverage.
Any liner
				specified in this Section must be installed to cover all surrounding earth
				likely to be in contact with CCR. Dikes shall not be constructed on top of the
				composite liner.
(c)
Pre-construction requirements.
Prior to construction of the CCR
				surface impoundment or any lateral expansion of a CCR surface impoundment, the
				owner or operator must:
(1) Obtain a
				certification from a qualified professional engineer that the design of the
				composite liner (or, if applicable, alternative composite liner) system meets
				the requirements of this Section, and submit the certification along with
				design plans to DEQ for approval.
(2) Submit a QA/QC plan to DEQ for review and
				approval to demonstrate the liner system will be installed in accordance with
				this Subchapter and the approved design plans. The plan shall include all
				information required for the applicable liner design, placement, construction,
				and testing, and describe how independent, third-party, QA and QC will be
				conducted during all phases of construction of the liner.
(3) Obtain written approval from DEQ to
				construct.
(4) Provide written
				notification of construction. The DEQ shall be notified at least two weeks
				before liner construction begins. The notification shall:
(A) define the area to be constructed;
				and
(B) include the names of the
				contractors and third party QA and QC officials.
(5) A pre-construction meeting shall be held
				at the facility with the design engineer and QA and QC officials before liner
				construction begins. The DEQ shall be notified at least 48 hours in advance of
				the meeting.
Oklahoma Administrative Code › Title 252 - Department of Environmental Quality › Chapter 517 - Disposal of Coal Combustion Residuals from Electric Utilities › Subchapter 13 - Operational Requirements › Section 252:517-13-2 - Run-on and run-off controls for CCR landfills

Current through Vol. 41, No. 20, July 1, 2024
(a)
Run-on/run-off control
				systems.
The owner or operator of an existing or new CCR landfill or any
				lateral expansion of a CCR landfill must design, construct, operate, and
				maintain:
(1) A run-on control system to
				prevent flow onto the active portion of the CCR unit during the peak discharge
				from a 24-hour, 25-year storm; and
(2) A run-off control system from the active
				portion of the CCR unit to collect and control at least the water volume
				resulting from a 24-hour, 25-year storm.
Oklahoma Administrative Code › Title 252 - Department of Environmental Quality › Chapter 517 - Disposal of Coal Combustion Residuals from Electric Utilities › Subchapter 13 - Operational Requirements › Section 252:517-13-3 - Hydrologic and hydraulic capacity requirements for CCR surface impoundments

Current through Vol. 41, No. 20, July 1, 2024
(a)
Inflow design flood control system.
The owner or operator of an
				existing or new CCR surface impoundment or any lateral expansion of a CCR
				surface impoundment must design, construct, operate, and maintain an inflow
				design flood control system as specified in paragraphs (a)(1) and (2) of this
				Section.
(1) The inflow design flood control
				system must adequately manage flow into the CCR unit during and following the
				peak discharge of the inflow design flood specified in paragraph (a)(3) of this
				Section.
(2) The inflow design
				flood control system must adequately manage flow from the CCR unit to collect
				and control the peak discharge resulting from the inflow design flood specified
				in paragraph (a)(3) of this Section.
(3) The inflow design flood is:
(A) For a high hazard potential CCR surface
				impoundment, as determined under OAC
				252:517-11-4(a)(2)
				or OAC
				252:517-11-5(a)(2),
				the probable maximum flood;
(B) For
				a significant hazard potential CCR surface impoundment, as determined under OAC
				252:517-11-4(a)(2)
				or OAC
				252:517-11-5(a)(2),
				the 1,000-year flood;
(C) For a low
				hazard potential CCR surface impoundment, as determined under OAC
				252:517-11-4(a)(2)
				or OAC
				252:517-11-5(a)(2),
				the 100-year flood; or
(D) For an
				incised CCR surface impoundment, the 25-year flood.
Oklahoma Administrative Code › Title 252 - Department of Environmental Quality › Chapter 517 - Disposal of Coal Combustion Residuals from Electric Utilities › Subchapter 13 - Operational Requirements › Section 252:517-13-4 - Inspection requirements for CCR surface impoundments

Current through Vol. 41, No. 20, July 1, 2024
(a)
Inspections by a qualified
				person.
(1)
Inspection
				intervals.
All CCR surface impoundments and any lateral expansion of a
				CCR surface impoundment must be examined by a qualified person as follows:
(A) At intervals not exceeding seven days,
				inspect for any appearances of actual or potential structural weakness and
				other conditions which are disrupting or have the potential to disrupt the
				operation or safety of the CCR unit;
(B) At intervals not exceeding seven days,
				inspect the discharge of all outlets of hydraulic structures which pass
				underneath the base of the surface impoundment or through the dike of the CCR
				unit for abnormal discoloration, flow or discharge of debris or sediment;
				and
(C) At intervals not exceeding
				30 days, monitor all CCR unit instrumentation.
(D) The results of the inspection by a
				qualified person must be recorded in the facility's operating record as
				required by OAC
				252:517-19-1(g)(5).
Oklahoma Administrative Code › Title 252 - Department of Environmental Quality › Chapter 517 - Disposal of Coal Combustion Residuals from Electric Utilities › Subchapter 13 - Operational Requirements › Section 252:517-13-5 - Inspection requirements for CCR landfills

Current through Vol. 41, No. 20, July 1, 2024
(a)
Inspections by a qualified
				person.
(1)
Applicability.
All CCR landfills and any lateral expansion of a
				CCR landfill must be examined by a qualified person as follows:
(A) At intervals not exceeding seven days,
				inspect for any appearances of actual or potential structural weakness and
				other conditions which are disrupting or have the potential to disrupt the
				operation or safety of the CCR unit; and
(B) The results of the inspection by a
				qualified person must be recorded in the facility's operating record as
				required by OAC
				252:517-19-1(g)(8).
Oklahoma Administrative Code › Title 252 - Department of Environmental Quality › Chapter 517 - Disposal of Coal Combustion Residuals from Electric Utilities › Subchapter 13 - Operational Requirements › Section 252:517-13-6 - Discharges

Current through Vol. 41, No. 20, July 1, 2024
(a)
All CCR units.
All CCR units
				shall be operated to:
(1) prevent the
				discharge of contaminated stormwater unless the proper permit is obtained from
				the DEQ's Water Quality Division;
(2) prevent the discharge of pollutants that
				violates any requirements of the federal Clean Water Act, including, but not
				limited to, the Oklahoma Pollutant Discharge Elimination System (OPDES)
				requirements;
(3) prevent the
				discharge of a non-point source of pollution that violates any requirement of
				an area-wide or State-wide water quality management plan that has been approved
				in accordance with the federal Clean Water Act; and
(4) comply with all requirements of their
				OPDES permit, if applicable. A copy of the OPDES permit shall be maintained in
				the operating record.
Oklahoma Administrative Code › Title 252 - Department of Environmental Quality › Chapter 517 - Disposal of Coal Combustion Residuals from Electric Utilities › Subchapter 13 - Operational Requirements › Section 252:517-13-7 - Leachate collection and management for CCR Landfills

Current through Vol. 41, No. 20, July 1, 2024
(a)
Corrective action.
(1)
Plan.
In the event the
				leachate collection system fails to perform as designed, and approved by the
				DEQ, a corrective action plan shall be submitted to the DEQ within 30 days from
				the discovery of the failure.
(2)
Implementation.
The corrective action plan shall be implemented
				within 30 days of DEQ approval.
Oklahoma Administrative Code › Title 252 - Department of Environmental Quality › Chapter 517 - Disposal of Coal Combustion Residuals from Electric Utilities › Subchapter 15 - Closure and Post-Closure Care › Section 252:517-15-1 - Performance standard

Current through Vol. 41, No. 20, July 1, 2024
The facility shall be closed in accordance with the approved
				  closure plan and in a manner that minimizes the need for further maintenance
				  and controls and minimizes post-closure escape of CCR into the
				  environment.
Oklahoma Administrative Code › Title 252 - Department of Environmental Quality › Chapter 517 - Disposal of Coal Combustion Residuals from Electric Utilities › Subchapter 15 - Closure and Post-Closure Care › Section 252:517-15-2 - DEQ Notification

Current through Vol. 41, No. 20, July 1, 2024
The DEQ shall be notified in writing prior to beginning final
				  closure of a CCR unit.
Oklahoma Administrative Code › Title 252 - Department of Environmental Quality › Chapter 517 - Disposal of Coal Combustion Residuals from Electric Utilities › Subchapter 15 - Closure and Post-Closure Care › Section 252:517-15-3 - Certification of final closure

Current through Vol. 41, No. 20, July 1, 2024
(a)
Certification requirements.
A Certification of Final Closure shall
				be submitted to the DEQ after completion of final closure. The Certification
				shall:
(1) be signed by the
				owner/operator;
(2) state that the
				facility was closed according to the approved closure plan, the permit, and
				applicable rules;
(3) contain a
				closure report with related drawings, plans or specifications describing how
				closure was performed; and
(4)
				indicate whether inspection of groundwater or surface water monitoring has
				shown the presence of elevated levels of any constituent or if any evidence of
				contamination related to site operations has been found and, if so, what
				corrective measures were taken.
Oklahoma Administrative Code › Title 252 - Department of Environmental Quality › Chapter 517 - Disposal of Coal Combustion Residuals from Electric Utilities › Subchapter 15 - Closure and Post-Closure Care › Section 252:517-15-4 - Final closure

Current through Vol. 41, No. 20, July 1, 2024
(a)
DEQ
				approval required.
The DEQ must approve the final closure of a CCR unit
				before the post-closure period can begin.
(b)
Extension of closure period.
The DEQ may extend the closure period and require the posting of additional
				financial assurance if:
(1) any testing shows
				the confirmed presence of elevated levels of any constituent;
(2) any evidence of contamination related to
				site operations has been found; or
(3) final closure of the site is found to be
				inadequate.
Oklahoma Administrative Code › Title 252 - Department of Environmental Quality › Chapter 517 - Disposal of Coal Combustion Residuals from Electric Utilities › Subchapter 15 - Closure and Post-Closure Care › Section 252:517-15-5 - Inactive CCR surface impoundments

Current through Vol. 41, No. 20, July 1, 2024
(a)
Applicability.
Inactive CCR surface impoundments are subject to
				all of the requirements of this Chapter applicable to existing CCR surface
				impoundments.
(b)
[RESERVED]
(c)
[RESERVED]
(d)
[RESERVED]
(e)
Timeframes for certain inactive CCR surface impoundments.
(1)
Alternative timeframes.
An
				inactive CCR surface impoundment for which the owner or operator has completed
				the actions by the deadlines specified in paragraphs (e)(1)(A) through (C) of
				this Section is eligible for the alternative timeframes specified in paragraphs
				(e)(2) through (6) of this Section. The owner or operator of the CCR unit must
				comply with the applicable recordkeeping, notification, and internet
				requirements associated with these provisions. For the inactive CCR surface
				impoundment:
(A) The owner or operator must
				have prepared and placed in the facility's operating record by December 17,
				2015, a notification of intent to initiate closure of the inactive CCR surface
				impoundment pursuant to OAC
				252:517-19-1(i)(1);
(B) The owner or operator must have provided
				notification to the State Director and/or appropriate Tribal authority by
				January 19, 2016, of the intent to initiate closure of the inactive CCR surface
				impoundment pursuant to OAC
				252:517-19-2(h)(1);
				and
(C) The owner or operator must
				have placed on its CCR Web site by January 19, 2016, the notification of intent
				to initiate closure of the inactive CCR surface impoundment pursuant to OAC
				252:517-19-3(i)(1).
Oklahoma Administrative Code › Title 252 - Department of Environmental Quality › Chapter 517 - Disposal of Coal Combustion Residuals from Electric Utilities › Subchapter 15 - Closure and Post-Closure Care › Section 252:517-15-6 - Closure or retrofit of CCR units

Current through Vol. 41, No. 20, July 1, 2024
(a)
Existing unlined CCR surface impoundment.
The owner or operator of
				an existing unlined CCR surface impoundment, as determined under OAC
				252:517-11-2(a),
				is subject to the requirements of paragraph (a)(1) of this Section.
(1) Except as provided by paragraph (a)(3) of
				this Section, as soon as technically feasible, but not later than April 11,
				2021, an owner or operator of an existing unlined CCR surface impoundment must
				cease placing CCR and non-CCR wastestreams into such CCR surface impoundment
				and either retrofit or close the CCR unit in accordance with the requirements
				of OAC
				252:517-15-7.
(2) An owner or operator of an existing
				unlined CCR surface impoundment that closes in accordance with paragraph (a)(1)
				of this Section must include a statement in the notification required under OAC
				252:517-15-7(g)
				or (k)(5) that the CCR surface impoundment is
				closing or retrofitting under the requirements of paragraph (a)(1) of this
				Section.
(3) The timeframe
				specified in paragraph (a)(1) of this Section does not apply if the owner or
				operator complies with the alternative closure procedures specified in OAC
				252:517-15-8.
(4) At any time after the initiation of
				closure under paragraph (a)(1) of this Section, the owner or operator may cease
				closure activities and initiate a retrofit of the CCR unit in accordance with
				the requirements of OAC
				252:517-15-7(k).
Oklahoma Administrative Code › Title 252 - Department of Environmental Quality › Chapter 517 - Disposal of Coal Combustion Residuals from Electric Utilities › Subchapter 15 - Closure and Post-Closure Care › Section 252:517-15-8 - Alternative closure requirements

Current through Vol. 41, No. 20, July 1, 2024
(a)
Applicability.
The owner or operator of a CCR landfill, CCR
				surface impoundment, or any lateral expansion of a CCR unit that is subject to
				closure pursuant to OAC
				252:517-15-6(a),
				(b)(1), or (d) may nevertheless continue to
				receive the wastes specified in either paragraph (b), (c), (f)(1), or (f)(2) of
				this Section in the unit provided the owner or operator meets all of the
				requirements contained in the respective paragraph.
(b)
CCR landfills with no alternative
				disposal capacity.
(1) Notwithstanding
				the provisions of OAC
				252:517-15-6(d),
				a CCR landfill may continue to receive CCR if the owner or operator of the CCR
				landfill certifies that the CCR must continue to be managed in that CCR
				landfill due to the absence of alternative disposal capacity both on and
				off-site of the facility. To qualify under this paragraph, the owner or
				operator of the CCR landfill must document that all of the following conditions
				have been met and approved by DEQ:
(A) No
				alternative disposal capacity is available on or off-site. An increase in costs
				or the inconvenience of existing capacity is not sufficient to support
				qualification under this Section;
(B) The owner or operator has made, and
				continues to make, efforts to obtain additional capacity. Qualification under
				paragraph (b) of this Section lasts only as long as no alternative capacity is
				available. Once alternative capacity is identified, the owner or operator must
				arrange to use such capacity as soon as feasible;
(C) The owner or operator must remain in
				compliance with all other requirements of this Chapter, including the
				requirement to conduct any necessary corrective action; and
(D) The owner or operator must prepare the
				annual progress report specified in paragraph (d) of this Section documenting
				the continued lack of alternative capacity and the progress towards the
				development of alternative CCR disposal capacity.
Oklahoma Administrative Code › Title 252 - Department of Environmental Quality › Chapter 517 - Disposal of Coal Combustion Residuals from Electric Utilities › Subchapter 15 - Closure and Post-Closure Care › Section 252:517-15-9 - Post-closure care requirements

Current through Vol. 41, No. 20, July 1, 2024
(a)
Applicability.
(1) Except as
				provided by either paragraph (a)(2) of this Section, OAC 252:517-15-9 applies
				to the owners or operators of CCR landfills, CCR surface impoundments, and all
				lateral expansions of CCR units that are subject to the closure criteria under
				OAC
				252:517-15-7.
(2) An owner or operator of a CCR unit that
				elects to close a CCR unit by removing CCR as provided by OAC
				252:517-15-7(c)
				is not subject to the post-closure care criteria under this
				Section.
Oklahoma Administrative Code › Title 252 - Department of Environmental Quality › Chapter 517 - Disposal of Coal Combustion Residuals from Electric Utilities › Subchapter 15 - Closure and Post-Closure Care › Section 252:517-15-10 - Post-closure use of property

Current through Vol. 41, No. 20, July 1, 2024
(a)
Maintain integrity.
Use of the property during the post-closure
				period must not disturb the integrity of the final cover, the liner, or any
				other components of the containment system, or the function of the monitoring
				systems.
(b)
DEQ approval
				required.
The owner/operator shall not allow any other use of the
				property during the post-closure period unless it is approved by DEQ.
Oklahoma Administrative Code › Title 252 - Department of Environmental Quality › Chapter 517 - Disposal of Coal Combustion Residuals from Electric Utilities › Subchapter 15 - Closure and Post-Closure Care › Section 252:517-15-11 - Certification of post-closure performance

Current through Vol. 41, No. 20, July 1, 2024
(a)
Certification required.
At
				the conclusion of the post-closure period, a Certification of Post- closure
				Performance shall be submitted to the DEQ. The Certification shall:
(1) state the facility was maintained and
				monitored in accordance with the approved post-closure plan, the permit, and
				applicable rules;
(2) indicate
				whether monitoring throughout the post-closure period has shown the presence of
				elevated levels of any constituent or if any evidence of contamination related
				to site operations has been found and, if so, what corrective measures were
				taken; and
(3) be maintained in the
				operating record.
Oklahoma Administrative Code › Title 252 - Department of Environmental Quality › Chapter 517 - Disposal of Coal Combustion Residuals from Electric Utilities › Subchapter 15 - Closure and Post-Closure Care › Section 252:517-15-12 - Land use restrictions

Current through Vol. 41, No. 20, July 1, 2024
(a)
Ascertain wastes.
Any person contemplating using a closed CCR Unit
				shall ascertain the depth of waste units and the operating history of the site
				and shall avoid any activity that may pose increased threat to human health or
				the environment.
(b)
Considerations.
The following items are to be considered:
(1) Irrigation, plowing or other activities
				that disturb materials below the topsoil could result in percolation of
				moisture into the buried waste.
(2)
				Concentrated loadings can cause uneven settlement.
(3) Pilings or foundation should not disturb
				or penetrate the final cover and/or bottom liner.
Oklahoma Administrative Code › Title 252 - Department of Environmental Quality › Chapter 517 - Disposal of Coal Combustion Residuals from Electric Utilities › Subchapter 17 - Cost Estimates And Financial Assurance › Part 1 - GENERAL PROVISIONS › Section 252:517-17-1 - Applicability

Current through Vol. 41, No. 20, July 1, 2024
All CCR units are subject to the requirements of this
					 Subchapter.
Oklahoma Administrative Code › Title 252 - Department of Environmental Quality › Chapter 517 - Disposal of Coal Combustion Residuals from Electric Utilities › Subchapter 17 - Cost Estimates And Financial Assurance › Part 1 - GENERAL PROVISIONS › Section 252:517-17-2 - Effective date

Current through Vol. 41, No. 20, July 1, 2024
(a)
Closure
				  and post-closure care.
DEQ approved financial assurance for closure and
				  post-closure care must be established prior to the initial receipt of
				  waste.
(b)
Corrective
				  action.
DEQ approved financial assurance for corrective action must be
				  established no later than 120 days after the corrective action remedy has been
				  selected in accordance with OAC
				  252:517-9-8,
				  or an alternative corrective action plan has been approved.
(c)
Permit modifications.
DEQ
				  approved financial assurance must be established and appropriately funded
				  before the DEQ will issue a permit modification that results in an increase in
				  closure or post- closure cost estimates.
Oklahoma Administrative Code › Title 252 - Department of Environmental Quality › Chapter 517 - Disposal of Coal Combustion Residuals from Electric Utilities › Subchapter 17 - Cost Estimates And Financial Assurance › Part 1 - GENERAL PROVISIONS › Section 252:517-17-3 - Duty to maintain financial assurance

Current through Vol. 41, No. 20, July 1, 2024
Financial assurance for closure, post-closure, and/or
					 corrective action, as applicable, must be maintained continuously until
					 released from the requirement to maintain such assurance by:
(1) demonstrating compliance with the closure
				  and/or post-closure requirements of Subchapter 15 of this Chapter; or
(2) demonstrating compliance with the
				  corrective action requirements of OAC
				  252:517-9-9,
				  or an approved corrective action plan.
Oklahoma Administrative Code › Title 252 - Department of Environmental Quality › Chapter 517 - Disposal of Coal Combustion Residuals from Electric Utilities › Subchapter 17 - Cost Estimates And Financial Assurance › Part 1 - GENERAL PROVISIONS › Section 252:517-17-4 - Updating

Current through Vol. 41, No. 20, July 1, 2024
Provided they remain in effect, the worksheets in
					 Appendices E and F shall be updated coinciding with the update of Appendices H
					 and I in OAC 252:515.
Oklahoma Administrative Code › Title 252 - Department of Environmental Quality › Chapter 517 - Disposal of Coal Combustion Residuals from Electric Utilities › Subchapter 17 - Cost Estimates And Financial Assurance › Part 1 - GENERAL PROVISIONS › Section 252:517-17-5 - Permit transfers

Current through Vol. 41, No. 20, July 1, 2024
(a)
Transfer
				  of permit.
When the permit is transferred from one owner/operator
				  ("transferor") to another owner/operator ("transferee"), the transferee shall
				  either provide new financial assurance or assume the existing assurance, if
				  adequate in amount.
(b)
Release of transferor's financial assurance.
The DEQ will not
				  release the transferor's financial assurance until the transferee has obtained
				  approved financial assurance.
Oklahoma Administrative Code › Title 252 - Department of Environmental Quality › Chapter 517 - Disposal of Coal Combustion Residuals from Electric Utilities › Subchapter 17 - Cost Estimates And Financial Assurance › Part 1 - GENERAL PROVISIONS › Section 252:517-17-6 - Effect of non-renewal of, or failure to maintain or provide, financial assurance

Current through Vol. 41, No. 20, July 1, 2024
The DEQ shall begin proceedings to summarily suspend or
					 revoke the permit for failure to:
(1)
				  establish financial assurance in accordance with this Subchapter;
(2) renew or maintain an approved financial
				  assurance mechanism as required; or
(3) provide acceptable substitute financial
				  assurance when necessary.
Oklahoma Administrative Code › Title 252 - Department of Environmental Quality › Chapter 517 - Disposal of Coal Combustion Residuals from Electric Utilities › Subchapter 17 - Cost Estimates And Financial Assurance › Part 1 - GENERAL PROVISIONS › Section 252:517-17-7 - Substitute financial assurance

Current through Vol. 41, No. 20, July 1, 2024
(a)
Substitutions allowed.
Substitute financial assurance may be
				  provided as specified in this Subchapter.
(b)
Release of previous
				  instrument.
The DEQ will not release any current assurances until an
				  approved substitute is in place.
Oklahoma Administrative Code › Title 252 - Department of Environmental Quality › Chapter 517 - Disposal of Coal Combustion Residuals from Electric Utilities › Subchapter 17 - Cost Estimates And Financial Assurance › Part 1 - GENERAL PROVISIONS › Section 252:517-17-8 - Economic life of CCR unit

Current through Vol. 41, No. 20, July 1, 2024
(a)
New CCR unit.
The economic life of a new CCR unit shall be based
				  on the area to be initially permitted for waste disposal, not on the total
				  permitted area.
(b)
Economic
				  life.
For the purposes of determining the pay-in period for a trust fund
				  or escrow account used as a financial assurance mechanism, or another approved
				  mechanism that allows pay-in over a specified period of time, the economic life
				  for a new CCR unit shall be the lesser of fifteen (15) years from the initial
				  receipt of waste or the life as calculated in accordance with (b) of this
				  Subsection.
(c)
Calculation.
The life shall be calculated according to the
				  following formula: L = (V x D) / W, where
(1)
"L"
equals the life of the CCR unit, in years;
(2)
"V"
equals the total volume
				  of air space in cubic yards available for waste disposal and daily cover. V
				  shall be calculated from the top of the protective layer to final contours
				  minus the amount of air space taken up by final cover;
(3)
"D"
is the anticipated
				  density of waste compacted in place in pounds per cubic yard. Until an
				  alternative value based on a history of operational practice can be documented,
D
must not be more than 1000 pounds per cubic yard (1000 lbs/cy);
				  and
(4)
"W"
is the
				  amount of waste expected to be disposed during one year of operation in pounds
				  per year, until the owner/operator can document actual waste disposed based on
				  a history of operational practice.
Oklahoma Administrative Code › Title 252 - Department of Environmental Quality › Chapter 517 - Disposal of Coal Combustion Residuals from Electric Utilities › Subchapter 17 - Cost Estimates And Financial Assurance › Part 3 - COST ESTIMATES › Section 252:517-17-31 - Cost estimates for closure

Current through Vol. 41, No. 20, July 1, 2024
(a)
Closure cost estimate.
Closure cost estimates shall be submitted
				  to the DEQ for approval. The estimate shall be a detailed written estimate, in
				  current dollars, of the cost of hiring a third party to close the CCR unit in
				  accordance with the permit, the approved closure plan, and the rules of this
				  Chapter at any time during its active life.
(b)
Amount.
The cost estimate
				  shall be set by the DEQ and be equal to the cost of closing the facility when
				  the extent and manner of its operation would make closure the most expensive,
				  as indicated by its closure plan. The closure cost for a CCR unit must equal
				  the cost of closing the largest area of the facility ever requiring a final
				  cover at any time during the active life.
(c)
Determination of closure cost
				  estimate.
(1) Closure cost estimates
				  shall be determined in accordance with OAC
				  252:517-17-51.
(2) A copy of the cost estimate shall be
				  submitted to the DEQ for approval.
(3) A copy of the approved estimate shall be
				  placed in the operating record.
Oklahoma Administrative Code › Title 252 - Department of Environmental Quality › Chapter 517 - Disposal of Coal Combustion Residuals from Electric Utilities › Subchapter 17 - Cost Estimates And Financial Assurance › Part 3 - COST ESTIMATES › Section 252:517-17-32 - Cost estimates for post-closure care

Current through Vol. 41, No. 20, July 1, 2024
(a)
Post-closure cost estimate
				  required.
Post-closure cost estimates shall be submitted to the DEQ for
				  approval. The estimate shall be a detailed written estimate, in current
				  dollars, of the cost of hiring a third party to conduct post-closure care for
				  the CCR unit in accordance with the permit, the approved post-closure plan, and
				  the rules of this Chapter.
(b)
Amount.
The cost estimate shall be set by the DEQ and equal the
				  most expensive cost for post- closure care, as indicated by the post-closure
				  plan.
(c)
Determination of
				  post-closure cost estimate.
(1)
				  Post-closure cost estimates shall be determined in accordance with OAC
				  252:517-17-51.
(2) A copy of the cost estimate shall be
				  submitted to the DEQ for approval.
(3) A copy of the approved estimate shall be
				  placed in the operating record.
Oklahoma Administrative Code › Title 252 - Department of Environmental Quality › Chapter 517 - Disposal of Coal Combustion Residuals from Electric Utilities › Subchapter 17 - Cost Estimates And Financial Assurance › Part 3 - COST ESTIMATES › Section 252:517-17-33 - Cost estimates for corrective action

Current through Vol. 41, No. 20, July 1, 2024
(a)
Corrective action cost estimate
				  required.
When corrective action is required at a CCR unit, cost
				  estimates for corrective action shall be submitted to the DEQ for approval. The
				  cost estimates shall be a detailed written estimate, in current dollars, of the
				  cost of hiring a third party to perform the corrective action in accordance
				  with the approved corrective action plan.
(b)
Amount.
The corrective
				  action cost estimate shall be set by the DEQ and account for the total costs of
				  corrective action activities as described in the approved corrective action
				  plan for the entire corrective action period.
(c)
Determination of corrective action
				  cost estimate.
(1) Corrective action
				  cost estimates shall be determined in accordance with OAC
				  252:517-17-52.
(2) A copy of the cost estimate shall be
				  submitted to the DEQ for approval.
(3) A copy of the approved estimate shall be
				  placed in the operating record.
Oklahoma Administrative Code › Title 252 - Department of Environmental Quality › Chapter 517 - Disposal of Coal Combustion Residuals from Electric Utilities › Subchapter 17 - Cost Estimates And Financial Assurance › Part 3 - COST ESTIMATES › Section 252:517-17-34 - Annual adjustments to cost estimates

Current through Vol. 41, No. 20, July 1, 2024
(a)
Adjustment required.
Except
				  as provided in (b) of this Section, cost estimates for closure, post-closure,
				  and/or corrective action shall be adjusted no later than April 9th of each
				  year. The adjustment must be submitted to the DEQ for approval.
(1)
Recalculation of maximum
				  costs.
The maximum costs of closure, post-closure, and/or corrective
				  action may be recalculated in current dollars using the procedure in Part 5 of
				  this Subchapter (relating to determination of cost estimates).
(2)
Use of inflation factor.
If
				  there are no significant changes to the closure or post-closure plan,
				  corrective action plan, or facility conditions, cost estimates may be adjusted
				  by use of an inflation factor derived from the most recent annual "Implicit
				  Price Deflator for Gross National Product" or the "Implicit Price Deflator for
				  Gross Domestic Product" published by the U.S. Department of Commerce in its
				  Survey of Current Business in the year for which the adjustment is being made.
(A) The first adjustment shall be made by
				  multiplying the approved cost estimate by the inflation factor. The result is
				  the adjusted cost estimate.
(B)
				  Subsequent adjustments shall be made by multiplying the latest adjusted cost
				  estimate by the latest inflation factor.
(3)
Place in operating record.
The approved adjusted cost estimates shall be placed in the operating
				  record.
Oklahoma Administrative Code › Title 252 - Department of Environmental Quality › Chapter 517 - Disposal of Coal Combustion Residuals from Electric Utilities › Subchapter 17 - Cost Estimates And Financial Assurance › Part 5 - DETERMINATION OF COST ESTIMATES › Section 252:517-17-51 - Cost estimates for closure and post-closure

Current through Vol. 41, No. 20, July 1, 2024
(a)
Determine cost estimate from unit
				  costs.
Cost estimate for closure and post-closure shall be determined by
				  completing the worksheets in Appendix E and F, respectively.
(b)
Deviation from unit costs using
				  bids.
Deviations from the unit costs for one or more individual tasks
				  identified in Appendix E or F may be approved by using the average of three
				  current bids. The following shall be submitted to the DEQ for approval:
(1) identification of the task(s) for which
				  bids will be provided;
(2) a
				  statement of work fully describing the actions necessary for completion of the
				  task(s) identified; and
(3) written
				  bids from three independent contractors not affiliated with the owner/operator.
				  The bids shall be dated within 30 days of submittal and be an estimate of the
				  contractor's cost for performing the work identified in the statement of work
				  on behalf of the State of Oklahoma.
Oklahoma Administrative Code › Title 252 - Department of Environmental Quality › Chapter 517 - Disposal of Coal Combustion Residuals from Electric Utilities › Subchapter 17 - Cost Estimates And Financial Assurance › Part 5 - DETERMINATION OF COST ESTIMATES › Section 252:517-17-52 - Cost estimates for corrective action

Current through Vol. 41, No. 20, July 1, 2024
(a)
Equivalent tasks specified in
				  Appendix E or F.
For those corrective action tasks in the approved
				  corrective action plan for which there are equivalent tasks in Appendix E or F,
				  applicable portions of Appendix E or F or the procedure in OAC
				  252:517-17-51
				  shall be used to determine cost estimates.
(b)
Equivalent tasks not specified in
				  Appendix E or F.
For those corrective action tasks in the approved
				  corrective action plan for which there are no equivalent tasks in Appendix E or
				  F, the cost estimate shall be determined by using the procedure in OAC
				  252:517-17-51(b)(1)
				  through (b)(3) or (c)(1) through
				  (c)(3).