§ 287.662. Use of coal ash as a soil substitute or soil additive.

 (a)  Coal ash may be beneficially used as a soil substitute or soil additive without a permit from the Department under the act if the person or municipality proposing the use complies with this section.

 (b)  At least 60 days before using coal ash as a soil substitute or soil additive, 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 area and available soils maps of the project area. The description shall include an explanation of how coal ash will be stored prior to use, how the soil will be prepared for the application of coal ash, how coal ash will be spread and, when necessary, how coal ash will be incorporated into the soil.

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

   (3)  An estimate of the volume of coal ash to be used for the project, the proposed application rate and a justification for the proposed application rate.

   (4)  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.

   (5)  A chemical analysis of the soil on which the coal ash is proposed to be placed.

   (6)  An analysis showing how the application of coal ash will be beneficial to the productivity or properties of the soil to which it is proposed to be applied. The analysis shall be prepared and signed by an expert in soils science.

   (7)  A signed statement by the owner of the land on which the coal ash is to be placed, acknowledging and consenting to the use of coal ash as a soil substitute or soil additive.

 (c)  After receiving the information required by subsection (b), the Department may inform the person or municipality that provided the information whether the proposed use of coal ash as a soil substitute or soil additive is consistent with this section.

 (d)  Coal ash used as a soil substitute or soil additive may 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 soil substitute or soil additive.

   (2)  The pH of the coal ash and the pH of the soil shall be in the range of 6.5 to 8.0 when mixed together in the manner required by the project, as shown by field and laboratory testing. Lime addition may be used to raise pH.

   (3)  Surface runoff from the project area shall be controlled during the project. Collection of surface runoff shall be controlled in accordance with The Clean Streams Law and the regulations promulgated thereunder.

   (4)  Diversion ditches, terraces and other runoff control structures shall be utilized to control erosion on the disturbed area of the project.

   (5)  The person or municipality conducting the activity shall have a Department-approved erosion and sedimentation control plan under Chapter 102 (relating to erosion control).

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

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

   (8)  Coal ash may not be used in a way that causes water pollution.

   (9)  Coal ash shall be incorporated into the soil within 48 hours of application, unless otherwise approved by the Department. The coal ash shall be incorporated into the top 1-foot layer of surface soil. If 1 foot of surface soil is not present, coal ash may be combined with the surface soil that is present until the layer of combined surface soil and coal ash is 1 foot. The coal ash required for the beneficial use is limited to the amount necessary to enhance soil properties or plant growth.

   (10)  Coal ash shall be applied at a rate per acre that will protect public health, public safety and the environment.

   (11)  Coal ash may not be applied to soil being used for agriculture where the soil pH is less than 5.5.

   (12)  Coal ash may not be applied if resultant chemicals or physical soil conditions would be detrimental to biota.

 (e)  Coal ash may not be used as a soil substitute or soil additive:

   (1)  Within 100 feet of an intermittent or perennial stream, or a wetland other than an exceptional value wetland.

   (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 100 feet of a sinkhole or area draining into a sinkhole.

   (4)  Within 300 feet measured horizontally from an occupied dwelling, unless the current owner thereof has provided a written waiver consenting to the activities closer than 300 feet. The waiver shall be knowingly made and separate from a lease or deed unless the lease or deed contains an explicit waiver from the current owner.

   (5)  In or within 300 feet of an exceptional value wetland.

   The provisions of this §  287.662 amended January 24, 1997, effective January 25, 1997, 27 Pa.B. 521; amended January 12, 2001, effective January 13, 2001, 31 Pa.B. 235. Immediately preceding text appears at serial pages (226583) to (226584) and (266325).

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