§ 287.661. Use of coal ash as structural fill.

 (a)  Coal ash may be beneficially used as a structural fill without a permit from the Department under the act if the person or municipality proposing the use complies with this section. Use of coal ash as a structural fill that is not consistent with this section requires a disposal permit from the Department under the act and the regulations promulgated thereunder.

 (b)  At least 60 days before using coal ash as a structural fill, the person or municipality proposing the use shall submit a written notice to the Department. The notice shall contain, at a minimum:

   (1)  A description of the nature, purpose and location of the project, including a topographic map showing the project and available soils maps of the area of the project.

   (2)  The estimated beginning and ending dates for the project.

   (3)  Construction plans for the structural fill, including a stability analysis when necessary, which shall be prepared by a registered professional engineer in accordance with sound engineering practice and which shall be signed and sealed by the engineer.

   (4)  An estimate of the volume of coal ash to be used for the project.

   (5)  A chemical and leaching analysis for the coal ash to be used in the project. If the coal ash was generated at a facility for which the Department has previously approved a chemical and leaching analysis, the person or municipality may submit a copy of the analysis that was approved.

   (6)  A signed statement by the owner of the land on which the structural fill is to be placed, acknowledging and consenting to the use of coal ash as structural fill.

 (c)  The Department will publish a summary of each notice in the Pennsylvania Bulletin.

 (d)  After receiving the information required by subsection (b), the Department may inform the person or municipality that provided the information whether the proposed structural fill is consistent with this section.

 (e)  Coal ash used as a structural fill will not be considered a beneficial use unless the following requirements are met:

   (1)  The person or municipality has provided to the Department the information required by subsection (b) at least 60 days before using coal ash as a structural fill.

   (2)  The pH of the coal ash shall be in the range of 6.0 to 9.0, unless otherwise approved by the Department.

   (3)  The slope of a structural fill may not be greater than 2.5 horizontal to 1.0 vertical. The Department may approve a greater slope based on a demonstration of structural stability.

   (4)  Coal ash shall be spread uniformly and compacted in layers not exceeding 2 feet in thickness.

   (5)  Surface runoff form the fill area shall be minimized during filling and construction activity. Collection of surface runoff shall be managed in accordance with The Clean Streams Law and the regulations promulgated thereunder.

   (6)  Surface water shall be diverted away from the disturbed area during filling and construction activity.

   (7)  Coal ash shall be covered with 12 inches of soil, unless infiltration is prevented by other cover material.

   (8)  Coal ash may not be placed in contact with the seasonal high water table.

   (9)  Coal ash may not be placed within 8 feet of the regional groundwater table.

   (10)  Coal ash may not be used as a structural fill in a way that causes water pollution.

 (f)  Structural fills may not be located:

   (1)  Within 100 feet of an intermittent or perennial stream, unless the structural fill is otherwise protected by a properly engineered diversion or structure that is permitted by the Department under the Dam Safety and Encroachments Act (32 P. S. § §  693.1—693.27).

   (2)  Within 300 feet of a water source unless the operator obtains a waiver from the water source’s owner, allowing for another distance.

   (3)  Within 25 feet of a bedrock outcrop, unless the outcrop is properly treated to minimize infiltration into fractured zones.

   (4)  Within 100 feet of a sinkhole or area draining into a sinkhole.

   (5)  Within a 100-year floodplain of a water of this Commonwealth, unless a properly engineered dike, levee or other structure that can protect the structural fill from a 100-year flood is permitted by the Department in a manner that is consistent with the Flood Plain Management Act (32 P. S. § §  679.101—679.601), the Storm Water Management Act (32 P. S. § §  680.1—680.17) and the Dam Safety and Encroachments Act (32 P. S. § §  693.1—693.27).

   (6)  In or within 100 feet of a wetland.

   The provisions of this §  287.661 amended January 12, 2001, effective January 13, 2001, 31 Pa.B. 235. Immediately preceding text appears at serial pages (226582) to (226583).

   This section cited in 25 Pa. Code §  287.421 (relating to administrative inspections); and 25 Pa. Code §  287.601 (relating to scope).