Section 845.520  Emergency Action Plan

a)         The owner or operator of a CCR surface impoundment must prepare and maintain a written Emergency Action Plan (EAP).  The owner or operator must place the EAP and any amendment of the EAP in the facility's operating record (see Section 845.800(d)(9)).

b)         At a minimum, the EAP must:

1)         Define the events or circumstances involving the CCR surface impoundment that represent a safety emergency, along with a description of the procedures that will be followed to detect a safety emergency in a timely manner;

2)         Define responsible persons, their respective responsibilities, and notification procedures for a safety emergency involving the CCR surface impoundment;

3)         Provide contact information of emergency responders;

4)         Include a map that delineates the downstream area that would be affected if a CCR surface impoundment fails and a physical description of the CCR surface impoundment; and

5)         Include provisions for an annual face-to-face meeting or exercise between representatives of the owner or operator of the CCR surface impoundment and the local emergency responders.

c)         The owner or operator of a CCR surface impoundment must prepare an initial Emergency Action Plan for the facility by October 31, 2021, or by initial receipt of CCR in any CCR surface impoundment at the facility if the owner or operator becomes subject to this Part after October 31, 2021.

d)         Amendment of the Plan

1)         The owner or operator of a CCR surface impoundment may amend the written EAP at any time.

2)         The owner or operator must amend the written EAP whenever there is a change in conditions that would substantially affect the EAP in effect.

3)         The written EAP must be evaluated, at a minimum, every five years to ensure the information required in this Section is accurate.

e)         The owner or operator of the CCR surface impoundment must obtain a certification from a qualified professional engineer stating that the written EAP, and any subsequent amendment of the EAP, meets the requirements of this Section.

f)         Activation of the EAP.  The EAP must be implemented once events or circumstances involving the CCR surface impoundment that represent a safety emergency are detected, including conditions identified during any structural stability assessments, annual inspections, and inspections by a qualified person.  The owner or operator of the CCR surface impoundment must submit records documenting all activations of the EAP to the Agency and place the documentation in the facility's operating record as required by Section 845.800(d)(10).

g)         The owner or operator of a CCR surface impoundment must document the annual face-to-face meeting or exercise between representatives of the owner or operator of the CCR surface impoundment and the local emergency responders as required by subsection (b)(5).  The owner or operator of the CCR surface impoundment must place this documentation in the facility's operating record as required by Section 845.800(d)(11).