§ 299.153. Storage and containment of coal ash.

 (a)  Except as provided in subsection (b), coal ash may not be stored at the immediate area where it will be put to beneficial use for a longer period of time than necessary to complete the project or 90 days, whichever is less, unless the Department approves a different period in writing.

 (b)  Bottom ash being stored for use as antiskid material may be stored in areas adjacent to roads or highways for a period of more than 90 days without Department approval if the following are met:

   (1)  A significant quantity of the bottom ash is used annually for antiskid material.

   (2)  It is stored on an impermeable floor or pad, and it is stored either in an enclosed facility or an area where runoff is collected or treated. The Department may, in writing, waive or modify this requirement if there is no runoff from the storage.

 (c)  Coal ash may not be stored at another area as follows:

   (1)  For more than 1 year unless a minimum of 75% of the volume of the ash being stored is processed for beneficial use in the previous year.

   (2)  For more than 90 days unless it is stored on an impermeable floor or pad and either in an enclosed facility or in an area where runoff is collected and treated. The Department may, in writing, waive or modify this requirement if there is no runoff from the storage.

 (d)  Coal ash shall be stored in accordance with the following limitations:

   (1)  Coal ash shall be stored under Chapter 102 (relating to erosion and sediment control) to prevent erosion and sedimentation.

   (2)  Coal ash shall be stored in a manner that prevents unpermitted discharges onto the land or into the surface or ground water of this Commonwealth. Contaminated surface water runoff shall be collected and treated, when necessary, in accordance with The Clean Streams Law and regulations promulgated thereunder.

   (3)  Upon cessation of coal ash storage, the person or municipality storing coal ash shall remove coal ash and materials containing coal ash, and shall provide for the processing or disposal of the waste under the act and the regulations promulgated thereunder. The person or municipality shall also regrade and revegetate the site as required by the Department.

   (4)  The person or municipality storing coal ash shall take necessary measures to prevent groundwater degradation

 (e)  Unless fly ash is stored in an enclosed facility with an impermeable floor, fly ash may not be stored as follows:

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

   (2)  Within 300 feet of a groundwater source.

   (3)  Within 1,000 feet upgradient of a surface drinking water source.

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

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

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

   This section cited in 25 Pa. Code §  287.665 (relating to other beneficial uses of coal ash); and 25 Pa. Code §  299.101 (relating to scope).