Section 845.340  Unstable Areas and Floodplains

a)         An existing or new CCR surface impoundment, or any lateral expansion of a CCR surface impoundment, must not be located in an unstable area unless the owner or operator demonstrates that recognized and generally accepted engineering practices have been incorporated into the design of the CCR surface impoundment to ensure that the integrity of the structural components of the CCR surface impoundment will not be disrupted.

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

1)         On-site or local soil conditions, including liquefaction, 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)         An existing or new CCR surface impoundment, or any lateral expansion of a CCR surface impoundment, must not be located in a floodplain unless the owner or operator demonstrates that recognized and generally accepted engineering practices have been incorporated into the design of the CCR surface impoundment to ensure that the CCR surface impoundment will not restrict the flow of the base flood, reduce the temporary water storage capacity of a floodplain, or result in washout of CCR, so as to pose a hazard to human life, wildlife, or land or water resources.  For purposes of this subsection (c):

1)         Base flood means a flood that has a 1 percent or greater chance of recurring in any year or a flood of a magnitude equaled or exceeded once in 100 years on average within the time of historical river level records.

2)         Floodplain means the lowland and relatively flat areas adjoining inland and coastal waters, including flood-prone areas of offshore islands, which are inundated by the base flood.

3)         Washout means the carrying away of CCR by waters of the base flood.

d)         The owner or operator of the CCR surface impoundment must obtain a certification from a qualified professional engineer stating that the demonstration meets the requirements of subsections (a) and (c).

e)         The owner or operator of an existing CCR surface impoundment must complete the demonstration required by subsections (a) and (c) of this Section and submit the completed demonstration, along with a qualified professional engineer's certification, to the Agency with the facility's initial operating permit application.

f)         The owner or operator of a new CCR surface impoundment, or a lateral expansion of a CCR surface impoundment, must submit plans and specifications in a construction permit application that demonstrate the CCR surface impoundment will be constructed under subsections (a) and (c).  Upon completion of construction, the owner or operator must obtain a certification from a qualified professional engineer that the CCR surface impoundment or lateral expansion was constructed in accordance with the requirements in subsections (a) and (c) and submit the certification to the Agency in the facility's initial operating permit application.