Section 845.170  Inactive Closed CCR Surface Impoundments

a)         Among the provisions of this Part, only the following apply to inactive closed CCR surface impoundments:

1)         All of Subpart A: General Provisions;

2)         The following Sections of Subpart B (Permitting):

A)        Section 845.200;

B)        Section 845.210;

C)        Section 845.220(a), (c), and (f)(1);

D)        Section 845.230(c) and (d)(4);

E)        Section 845.250;

F)         Section 845.270;

G)        Section 845.280;

H)        Section 845.290;

3)         The following Section of Subpart G (Closure and Post-Closure Care): Section 845.780(b), (d), and (e); and

4)         All of Subpart I (Financial Assurance).

b)         When a prior release from an inactive closed CCR surface impoundment has caused an exceedance of the groundwater quality standards in 35 Ill. Adm. Code 620, and the owner or operator has not completed remediation of the release before completing closure, the owner or operator must initiate or continue corrective action under an operating permit issued under this Part.

c)         When a release from an inactive closed CCR surface impoundment causes an exceedance of the groundwater quality standards in 35 Ill. Adm. Code 620, and the Agency has not concurred with an alternative source demonstration, the owner or operator of an inactive closed CCR surface impoundment must initiate an assessment of corrective measures that prevents further releases, remediates any releases, and restores the affected area.  The owner or operator of the inactive closed CCR surface impoundment must develop a corrective action plan and obtain a construction permit consistent with subsection (a)(2) before performing any corrective action to remediate any releases and to restore the affected area, including the final cover system, groundwater monitoring system, groundwater collection trench, extraction wells, slurry walls, or any construction related to corrective action.