9VAC20-81-820. Inactive CCR surface impoundments.
A. Inactive CCR surface impoundments are subject to all the requirements of an existing CCR surface impoundment in accordance with 40 CFR 257.100(a).
B. Inactive CCR surface impoundments are eligible for the alternative timeframes specified in 40 CFR 257.100(e)(2) through (e)(6) if the owner or operator:
1. 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;
2. Provided notification to the director by January 19, 2016, of the intent to initiate closure of the inactive CCR surface impoundment; and
3. Placed on its CCR website by January 19, 2016, the notification of intent to initiate closure of the inactive CCR surface impoundment.
C. Inactive CCR surface impoundments that did not complete the requirements of subdivisions B 1, B 2, and B 3 of this section are not eligible for the alternative timeframes specified in 40 CFR 257.100(e)(2) through (e)(6) and must be in compliance with the deadlines for an existing CCR surface impoundment.
Statutory Authority
§ 10.1-1402 of the Code of Virginia; 42 USC § 6941 et seq.; 40 CFR Parts 257 and 258.
Historical Notes
Derived from Virginia Register Volume 32, Issue 9, eff. January 27, 2016; amended, Virginia Register Volume 33, Issue 16, eff. May 3, 2017.