§ 287.665. Other beneficial uses of coal ash.

 (a)  This section sets forth beneficial uses of coal ash other than use as a structural fill, soil substitute or soil additive.

 (b)  The following uses of coal ash are deemed to be beneficial and do not require a permit from the Department under the act as long as the uses are consistent with the requirements of this section:

   (1)  The use of coal ash in the manufacture of concrete.

   (2)  The extraction or recovery of one or more materials and compounds contained within the coal ash.

     (i)   Storage of coal ash before and after extraction or recovery shall be subject to Chapter 299 (relating to storage and transportation of residual waste).

     (ii)   Disposal of the unrecovered fraction of coal ash shall be subject to the applicable requirements for residual waste.

   (3)  The use of fly ash as a stabilized product. Other uses of fly ash in which physical or chemical characteristics are altered prior to use or during placement shall be considered a beneficial use under this section if the following are met:

     (i)   The person or municipality proposing the use has first given advance written notice to the Department.

     (ii)   The coal ash is not mixed with solid waste, unless otherwise approved in writing by the Department prior to the use.

     (iii)   The use of the coal ash results in a demonstrated reduction of the potential of the coal ash to leach constituents into the environment.

   (4)  The use of bottom ash or boiler slag as an antiskid material or road surface preparation material, if the use is consistent with Department of Transportation specifications or other applicable specifications. The use of fly ash as an antiskid material or road surface preparation material is not deemed to be a beneficial use.

   (5)  The use of coal ash as raw material for a product with commercial value, including the use of bottom ash in construction aggregate. Storage of coal ash prior to processing is subject to §  299.153 (relating to storage and containment of coal ash).

   (6)  The use of coal ash for mine subsidence control, mine fire control and mine sealing, if the following requirements are met:

     (i)   The person or municipality proposing the use gives advance written notice to the Department.

     (ii)   The pH of the coal ash is in a range that will not cause or allow the ash to contribute to water pollution.

     (iii)   Use of the coal ash in projects funded by or through the Department is consistent with applicable Departmental requirements and contracts.

   (7)  The use of coal ash as a drainage material or pipe bedding, if the person or municipality proposing the use has first given advance written notice to the Department, and has provided to the Department an evaluation of the pH of the coal ash and a chemical analysis of the coal ash that meets the requirements of §  287.132 (relating to chemical analysis of waste).

   The provisions of this §  287.665 amended January 24, 1997, effective January 25, 1997, 27 Pa.B. 521. Immediately preceding text appears at serial pages (199726) to (199727).

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