Ala. Admin. Code r. 335-13-15-.03

Current through Register Vol. 43, No. 1, October 31, 2024

Section 335-13-15-.03 - Location Restrictions

(1) Placement above the uppermost aquifer.

(a) New CCR landfills, existing and new CCR surface impoundments, and all lateral expansions of CCR units must be constructed with a base that is located no less than 1.52 meters (five feet) above the uppermost aquifer as determined by the following procedures:

1. The site hydrogeology shall be established to the upper most aquifer and subsequent interconnecting aquifers. The hydrogeological evaluation for a specific site must be performed by a firm or individual having expertise in hydrogeology. The hydrogeological evaluation shall require a minimum of three exploration borings to include sampling and geologic logging and completion of these borings as piezometers.

2. Two groundwater measurements shall be taken during each of the three consecutive months of February, March, and April with no two measurements taken within any twelve day period, or as otherwise approved by the Department.

3. From the hydrogeological evaluation and groundwater measurements, the subsequent establishment of the first saturation zone, the uppermost aquifer and subsequent underlying and interconnected aquifers, piezometer measuring point elevations, water table elevations and an estimate of groundwater flow direction and rate will be required.

4. Based on the groundwater measurements, the owner or operator of a new CCR unit or any lateral expansion of a CCR unit shall design the CCR unit so that the bottom base is five feet above the uppermost aquifer.

5. When the geological and hydrological data so indicate, the Department may specify greater separation distances to protect groundwater.

6. When the geological and hydrological data so indicate, the Department may allow engineering controls to remove, divert, drain, or otherwise modify zones of saturation above the uppermost aquifer.

(b) The owner or operator must demonstrate by the dates specified in 335-13-15-.03(1) (d) that the CCR unit meets the minimum requirements for placement above the uppermost aquifer.

(c) The owner or operator of the CCR unit must obtain a certification from a qualified professional engineer stating that the demonstration meets the requirements of 335-13-15-.03(1) (a).

(d) The owner or operator of the CCR unit must complete the demonstration required by 335-13-15-.03(1) (a) by the date specified in either 335-13-15-.03(1)(d)1. or 2.

1. For an existing CCR surface impoundment, the owner or operator must complete the demonstration no later than October 17, 2018.

2. For a new CCR landfill, new CCR surface impoundment, or any lateral expansion of a CCR unit, the owner or operator must complete the demonstration no later than the date of initial receipt of CCR in the CCR unit.

3. The owner or operator has completed the demonstration required by 335-13-15-.03(1) (a) when the demonstration is placed in the facility's operating record as required by 335-13-15-.08(1) (e).

4. An owner or operator of an existing CCR surface impoundment who fails to demonstrate compliance with the requirements of 335-13-15-.03(1)(a) by the date specified in 335-13-15-.03(1) (d)1. is subject to the requirements of 335-13-15-.07(2) (b)1.

5. An owner or operator of a new CCR landfill, new CCR surface impoundment, or any lateral expansion of a CCR unit who fails to make the demonstration showing compliance with the requirements of 335-13-15-.03(1) (a) is prohibited from placing CCR in the CCR unit.

(e) The owner or operator of the CCR unit must comply with the recordkeeping requirements specified in 335-13-15-.08(1) (e), the notification requirements specified in 335-13-15-.08(2) (e), and the internet requirements specified in 335-13-15-.08(3) (e).

(2) Wetlands.

(a) New CCR landfills, existing and new CCR surface impoundments, and all lateral expansions of CCR units must not be located in wetlands, as defined in 335-13-1-.03, unless the owner or operator demonstrates by the dates specified in 335-13-15-.03(2) (c) that the CCR unit meets the requirements of 335-13-15-.03(2) (a)1. through 5.

1. Where applicable under section 404 of the Clean Water Act or applicable state wetlands laws, a clear and objective rebuttal of the presumption that an alternative to the CCR unit is reasonably available that does not involve wetlands.

2. The construction and operation of the CCR unit will not cause or contribute to any of the following:

(i) A violation of any applicable state or federal water quality standard;

(ii) A violation of any applicable toxic effluent standard or prohibition under section 307 of the Clean Water Act;

(iii) Jeopardize the continued existence of endangered or threatened species or result in the destruction or adverse modification of a critical habitat, protected under the Endangered Species Act of 1973; and

(iv) A violation of any requirement under the Marine Protection, Research, and Sanctuaries Act of 1972 for the protection of a marine sanctuary.

3. The CCR unit will not cause or contribute to significant degradation of wetlands by addressing all of the following factors:

(i) Erosion, stability, and migration potential of native wetland soils, muds and deposits used to support the CCR unit;

(ii) Erosion, stability, and migration potential of dredged and fill materials used to support the CCR unit;

(iii) The volume and chemical nature of the CCR;

(iv) Impacts on fish, wildlife, and other aquatic resources and their habitat from release of CCR;

(v) The potential effects of catastrophic release of CCR to the wetland and the resulting impacts on the environment; and

(vi) Any additional factors, as necessary, to demonstrate that ecological resources in the wetland are sufficiently protected.

4. To the extent required under section 404 of the Clean Water Act or applicable state wetlands laws, steps have been taken to attempt to achieve no net loss of wetlands (as defined by acreage and function) by first avoiding impacts to wetlands to the maximum extent reasonable as required by 335-13-15-.03(2) (a)1. through 3., then minimizing unavoidable impacts to the maximum extent reasonable, and finally offsetting remaining unavoidable wetland impacts through all appropriate and reasonable compensatory mitigation actions (e.g., restoration of existing degraded wetlands or creation of man-made wetlands); and

5. Sufficient information is available to make a reasoned determination with respect to the demonstrations in 335-13-15-.03(2) (a)1. through 4.

(b) The owner or operator of the CCR unit must obtain a certification from a qualified professional engineer stating that the demonstration meets the requirements of 335-13-15-.03(2) (a).

(c) The owner or operator of the CCR unit must complete the demonstrations required by 335-13-15-.03(2) (a) by the date specified in either 335-13-15-.03(2) (c)1. or 2.

1. For an existing CCR surface impoundment, the owner or operator must complete the demonstration no later than October 17, 2018.

3. The owner or operator has completed the demonstration required by 335-13-15-.03(2) (a) when the demonstration is placed in the facility's operating record as required by 335-13-15-.08(1) (e).

4. An owner or operator of an existing CCR surface impoundment who fails to demonstrate compliance with the requirements of 335-13-15-.03(2)(a) by the date specified in 335-13-15-.03(2) (c)1. is subject to the requirements of 335-13-15-.07(2) (b)1.

5. An owner or operator of a new CCR landfill, new CCR surface impoundment, or any lateral expansion of a CCR unit who fails to make the demonstrations showing compliance with the requirements of 335-13-15-.03(2) (a) is prohibited from placing CCR in the CCR unit.

(d) The owner or operator must comply with the recordkeeping requirements specified in 335-13-15-.08(1) (e), the notification requirements specified in 335-13-15-.08(2) (e), and the internet requirements specified in 335-13-15-.08(3) (e).

(3) Fault areas.

(a) New CCR landfills, existing and new CCR surface impoundments, and all lateral expansions of CCR units must not be located within 60 meters (200 feet) of the outermost damage zone of a fault that has had displacement in Holocene time unless the owner or operator demonstrates by the dates specified in 335-13-15-.03(3)(c) that an alternative setback distance of less than 60 meters (200 feet) will prevent damage to the structural integrity of the CCR unit.

(b) The owner or operator of the CCR unit must obtain a certification from a qualified professional engineer stating that the demonstration meets the requirements of 335-13-15-.03(3) (a).

(c) The owner or operator of the CCR unit must complete the demonstration required by 335-13-15-.03(3)(a) by the date specified in either 335-13-15-.03(3) (c)1. or 2.

1. For an existing CCR surface impoundment, the owner or operator must complete the demonstration no later than October 17, 2018.

3. The owner or operator has completed the demonstration required by 335-13-15-.03(3) (a) when the demonstration is placed in the facility's operating record as required by 335-13-15-.08(1) (e).

4. An owner or operator of an existing CCR surface impoundment who fails to demonstrate compliance with the requirements of 335-13-15-.03(3)(a) by the date specified in 335-13-15-.03(3) (c)1. is subject to the requirements of 335-13-15-.07(2) (b)1.

5. An owner or operator of a new CCR landfill, new CCR surface impoundment, or any lateral expansion of a CCR unit who fails to make the demonstration showing compliance with the requirements of 335-13-15-.03(3) (a) is prohibited from placing CCR in the CCR unit.

(d) The owner or operator of the CCR unit must comply with the recordkeeping requirements specified in 335-13-15-.08(1) (e), the notification requirements specified in 335-13-15-.08(2) (e), and the internet requirements specified in 335-13-15-.08(3) (e).

(4) Seismic impact zones.

(a) New CCR landfills, existing and new CCR surface impoundments, and all lateral expansions of CCR units must not be located in seismic impact zones unless the owner or operator demonstrates by the dates specified in 335-13-15-.03(4)(c) that all structural components including liners, leachate collection and removal systems, and surface water control systems, are designed to resist the maximum horizontal acceleration in lithified earth material for the site.

(b) The owner or operator of the CCR unit must obtain a certification from a qualified professional engineer stating that the demonstration meets the requirements of 335-13-15-.03(4) (a).

(c) The owner or operator of the CCR unit must complete the demonstration required by 335-13-15-.03(4) (a) by the date specified in either 335-13-15-.03(4) (c)1. or 2.

1. For an existing CCR surface impoundment, the owner or operator must complete the demonstration no later than October 17, 2018.

3. The owner or operator has completed the demonstration required by 335-13-15-.03(4) (a) when the demonstration is placed in the facility's operating record as required by 335-13-15-.08(1) (e).

4. An owner or operator of an existing CCR surface impoundment who fails to demonstrate compliance with the requirements of 335-13-15-.03(4)(a) by the date specified in 335-13-15-.03(4) (c)1. is subject to the requirements of 335-13-15-.07(2) (b)1.

5. An owner or operator of a new CCR landfill, new CCR surface impoundment, or any lateral expansion of a CCR unit who fails to make the demonstration showing compliance with the requirements of 335-13-15-.03(4) (a) is prohibited from placing CCR in the CCR unit.

(5) Unstable areas.

(a) An existing or new CCR landfill, existing or new CCR surface impoundment, or any lateral expansion of a CCR unit must not be located in an unstable area unless the owner or operator demonstrates by the dates specified in 335-13-15-.03(5)(d) that recognized and generally accepted good engineering practices have been incorporated into the design of the CCR unit to ensure that the integrity of the structural components of the CCR unit will not be disrupted.

(b) The owner or operator must consider all of the following factors, at a minimum, when determining whether an area is unstable:

1. On-site or local soil conditions that may result in significant differential settling;

2. On-site or local geologic or geomorphologic features; and

3. On-site or local human-made features or events (both surface and subsurface).

(c) The owner or operator of the CCR unit must obtain a certification from a qualified professional engineer stating that the demonstration meets the requirements of 335-13-15-.03(5) (a).

(d) The owner or operator of the CCR unit must complete the demonstration required by 335-13-15-.03(5) (a) by the date specified in either 335-13-15-.03(5)(d)1. or 2.

1. For an existing CCR landfill or existing CCR surface impoundment, the owner or operator must complete the demonstration no later than October 17, 2018.

3. The owner or operator has completed the demonstration required by 335-13-15-.03(5) (a) when the demonstration is placed in the facility's operating record as required by 335-13-15-.08(1) (e).

4. An owner or operator of an existing CCR surface impoundment or existing CCR landfill who fails to demonstrate compliance with the requirements of 335-13-15-.03(5)(a) by the date specified in 335-13-15-.03(5)(d)1. is subject to the requirements of 335-13-15-.07(2)(b)1. or (d)1., respectively.

5. An owner or operator of a new CCR landfill, new CCR surface impoundment, or any lateral expansion of a CCR unit who fails to make the demonstration showing compliance with the requirements of 335-13-15-.03(5) (a) is prohibited from placing CCR in the CCR unit.

(6) Buffer Requirement. A buffer requirement of 10 0 feet measured in a horizontal plane shall be required from the perimeter of the facility boundary. In addition, a 100 foot buffer shall be required around wetlands, beaches, or dunes. No disposal or storage practices for solid waste shall take place in the buffer zone. Roads, access control measures, earth storage, and buildings may be placed in the buffer zone.

Ala. Admin. Code r. 335-13-15-.03

Amended by Alabama Administrative Monthly Volume XXXVI, Issue No. 07, April 30, 2018, eff. 6/8/2018.

Amended by Alabama Administrative Monthly Volume XXXIX, Issue No. 03, December 31, 2020, eff. 2/14/2021.

Author: Heather M. Jones

Statutory Authority:Code of Ala. 1975, §§ 22-27-3, 22-27-7.