Section 845.440  Hazard Potential Classification Assessment

a)         Hazard Potential Classification Assessments

1)         The owner or operator of the CCR surface impoundment must conduct an initial and annual hazard potential classification assessment of the CCR surface impoundment.  The owner or operator must document the hazard potential classification of each CCR surface impoundment as either a Class 1 or Class 2 CCR surface impoundment.  The owner or operator must also document the basis for each hazard potential classification.

2)         The owner or operator of the CCR surface impoundment must obtain a certification from a qualified professional engineer stating that the initial hazard potential classification and each annual classification was conducted in accordance with the requirements of this Section.

3)         Timeframe for Submission of the Hazard Potential Classification Assessments and Certifications

A)        The owner or operator of a new CCR surface impoundment must submit the initial hazard potential classification assessment certification with the initial operating permit application before the initial receipt of CCR in the surface impoundment.

B)        The owner or operator of an existing CCR surface impoundment must submit the initial hazard potential classification assessment certification with its first annual inspection report required by Section 845.540(b).

C)        The owner or operator of a CCR surface impoundment must submit the annual hazard potential classification assessment certification each year with the annual inspection required by Section 845.540(b).

D)        The owner or operator of a CCR surface impoundment must place each hazard potential classification assessment in the facility's operating record (see Section 845.800(d)(4)).

b)         The requirements of this Section apply to all CCR surface impoundments, except for those CCR surface impoundments that are incised CCR surface impoundments.  If an incised CCR surface impoundment is subsequently modified (e.g., a dike is constructed) such that the CCR surface impoundment no longer meets the definition of an incised CCR surface impoundment, the CCR surface impoundment is subject to the requirements of this Section.