(a) The owner or operator of an existing coal combustion residuals (CCR) surface impoundment must meet the requirements of this section.
  (1) The owner or operator of an existing CCR surface impoundment must document whether or not such unit was constructed with any one of the following:
    (A) a composite liner that meets the requirements of §352.701 of this title (relating to Design Criteria for Coal Combustion Residuals Landfills); or
    (B) an alternative composite liner that meets the requirements of §352.701 of this title.
  (2) The hydraulic conductivity of the compacted soil must be determined and documented using recognized and generally accepted methods.
  (3) An existing CCR surface impoundment is considered to be an existing unlined CCR surface impoundment if either:
    (A) the owner or operator of the CCR unit determines that the CCR unit is not constructed with a liner that meets the requirements of paragraph (1)(A) or (B) of this subsection; or
    (B) the owner or operator of the CCR unit fails to document whether the CCR unit was constructed with a liner that meets the requirements of paragraph (1)(A) or (B) of this subsection.
  (4) All existing unlined CCR surface impoundments are subject to the requirements of §352.1211 of this title (relating to Closure or Retrofit of Coal Combustion Residuals Units).
(b) The owner or operator of the CCR unit must obtain a certification from a licensed professional engineer attesting that the documentation as to whether a CCR unit meets the requirements of subsection (a) of this section is accurate.
(c) The owner or operator of the CCR unit must comply with the recordkeeping requirements specified in §352.1301 of this title (relating to Recordkeeping Requirements), the notification requirements specified in §352.1311 of this title (relating to Notification Requirements), and the internet requirements specified in §352.1321 of this title (relating to Publicly Accessible Website Requirements).

Source Note: The provisions of this §352.711 adopted to be effective May 28, 2020, 45 TexReg 3464