Section 845.300  Placement Above the Uppermost Aquifer

a)         Existing and new CCR surface impoundments, and all lateral expansions of CCR surface impoundments, must be constructed with a base that is located at least 1.52 meters (five feet) above the upper limit of the uppermost aquifer, or must demonstrate that there will not be an intermittent, recurring, or sustained hydraulic connection between any portion of the base of the CCR surface impoundment and the uppermost aquifer due to normal fluctuations in groundwater elevations (including the seasonal high water table).

b)         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 subsection (a).

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

d)         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 subsection (a).  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 subsection (a) and submit the certification to the Agency in the facility's initial operating permit application.