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Location Restrictions for CCR Units


 

To reduce the risk of impacts to human health and the environment from CCR disposal units, the CCR Rule places five (5) location restrictions on new and existing CCR landfills, new and existing CCR surface impoundments and lateral expansions of all CCR units. The five (5) location restrictions include:

  • Placement above the uppermost aquifer (40 CFR 257.60) – The base of a CCR unit must be located at least 5 feet above the uppermost aquifer; or demonstrate no connection between base of the landfill/surface impoundment and the uppermost aquifer due to normal groundwater elevation fluctuations. *Existing CCR landfills are not subject to this location restriction.
  • In wetlands (40 CFR 257.61)– A CCR disposal facility must not be located in wetland areas unless a demonstration can be made by the owner or operator that ensures the CCR unit will not degrade sensitive wetland ecosystems. *Existing CCR landfills are not subject to this location restriction.
  • Within fault areas (40 CFR 257.62)– CCR disposal units must not be located within 200 feet of the outermost damage zone of a fault that has had displacement in Holocene time unless the owner or operator demonstrates that an alternative setback distance of less than 200 feet will prevent damage to the structural integrity of the unit. *Existing CCR landfills are not subject to this location restriction.
  • In seismic impact zones (40 CFR 257.63)– CCR disposal units must not be located within seismic impact zones unless a demonstration can be made (certified by a qualified professional engineer) that all containment structures, including liners, leachate collection systems, and surface water control systems are designed to resist the maximum horizontal acceleration in lithified earth material from a probable earthquake. *Existing CCR landfills are not subject to this location restriction.
  • In unstable areas (40 CFR 257.64)–  CCR Disposal units must not be located in an unstable area unless a demonstration can be made (certified by a qualified professional engineer) that engineering measures have been incorporated into the CCR unit's design to ensure that the structural components will not be disrupted.

Owners or operators of CCR units must meet the minimum requirements for CCR unit placement no later than 42 months after the date of publication of this rule in the Federal Register (by October 17, 2018).


 

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