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e-CFR data is current as of August 6, 2020

Title 40Chapter ISubchapter IPart 257Subpart D → §257.105


Title 40: Protection of Environment
PART 257—CRITERIA FOR CLASSIFICATION OF SOLID WASTE DISPOSAL FACILITIES AND PRACTICES
Subpart D—Standards for the Disposal of Coal Combustion Residuals in Landfills and Surface Impoundments


§257.105   Recordkeeping requirements.

(a) Each owner or operator of a CCR unit subject to the requirements of this subpart must maintain files of all information required by this section in a written operating record at their facility.

(b) Unless specified otherwise, each file must be retained for at least five years following the date of each occurrence, measurement, maintenance, corrective action, report, record, or study.

(c) An owner or operator of more than one CCR unit subject to the provisions of this subpart may comply with the requirements of this section in one recordkeeping system provided the system identifies each file by the name of each CCR unit. The files may be maintained on microfilm, on a computer, on computer disks, on a storage system accessible by a computer, on magnetic tape disks, or on microfiche.

(d) The owner or operator of a CCR unit must submit to the State Director and/or appropriate Tribal authority any demonstration or documentation required by this subpart, if requested, when such information is not otherwise available on the owner or operator's publicly accessible Internet site.

(e) Location restrictions. The owner or operator of a CCR unit subject to this subpart must place the demonstrations documenting whether or not the CCR unit is in compliance with the requirements under §§257.60(a), 257.61(a), 257.62(a), 257.63(a), and 257.64(a), as it becomes available, in the facility's operating record.

(f) Design criteria. The owner or operator of a CCR unit subject to this subpart must place the following information, as it becomes available, in the facility's operating record:

(1) The design and construction certifications as required by §257.70(e) and (f).

(2) The documentation of liner type as required by §257.71(a).

(3) The design and construction certifications as required by §257.72(c) and (d).

(4) Documentation prepared by the owner or operator stating that the permanent identification marker was installed as required by §§257.73(a)(1) and 257.74(a)(1).

(5) The initial and periodic hazard potential classification assessments as required by §§257.73(a)(2) and 257.74(a)(2).

(6) The emergency action plan (EAP), and any amendment of the EAP, as required by §§257.73(a)(3) and 257.74(a)(3), except that only the most recent EAP must be maintained in the facility's operating record irrespective of the time requirement specified in paragraph (b) of this section.

(7) Documentation prepared by the owner or operator recording the annual face-to-face meeting or exercise between representatives of the owner or operator of the CCR unit and the local emergency responders as required by §§257.73(a)(3)(i)(E) and 257.74(a)(3)(i)(E).

(8) Documentation prepared by the owner or operator recording all activations of the emergency action plan as required by §§257.73(a)(3)(v) and 257.74(a)(3)(v).

(9) The history of construction, and any revisions of it, as required by §257.73(c), except that these files must be maintained until the CCR unit completes closure of the unit in accordance with §257.102.

(10) The initial and periodic structural stability assessments as required by §§257.73(d) and 257.74(d).

(11) Documentation detailing the corrective measures taken to remedy the deficiency or release as required by §§257.73(d)(2) and 257.74(d)(2).

(12) The initial and periodic safety factor assessments as required by §§257.73(e) and 257.74(e).

(13) The design and construction plans, and any revisions of it, as required by §257.74(c), except that these files must be maintained until the CCR unit completes closure of the unit in accordance with §257.102.

(g) Operating criteria. The owner or operator of a CCR unit subject to this subpart must place the following information, as it becomes available, in the facility's operating record:

(1) The CCR fugitive dust control plan, and any subsequent amendment of the plan, required by §257.80(b), except that only the most recent control plan must be maintained in the facility's operating record irrespective of the time requirement specified in paragraph (b) of this section.

(2) The annual CCR fugitive dust control report required by §257.80(c).

(3) The initial and periodic run-on and run-off control system plans as required by §257.81(c).

(4) The initial and periodic inflow design flood control system plan as required by §257.82(c).

(5) Documentation recording the results of each inspection and instrumentation monitoring by a qualified person as required by §257.83(a).

(6) The periodic inspection report as required by §257.83(b)(2).

(7) Documentation detailing the corrective measures taken to remedy the deficiency or release as required by §§257.83(b)(5) and 257.84(b)(5).

(8) Documentation recording the results of the weekly inspection by a qualified person as required by §257.84(a).

(9) The periodic inspection report as required by §257.84(b)(2).

(h) Groundwater monitoring and corrective action. The owner or operator of a CCR unit subject to this subpart must place the following information, as it becomes available, in the facility's operating record:

(1) The annual groundwater monitoring and corrective action report as required by §257.90(e).

(2) Documentation of the design, installation, development, and decommissioning of any monitoring wells, piezometers and other measurement, sampling, and analytical devices as required by §257.91(e)(1).

(3) The groundwater monitoring system certification as required by §257.91(f).

(4) The selection of a statistical method certification as required by §257.93(f)(6).

(5) Within 30 days of establishing an assessment monitoring program, the notification as required by §257.94(e)(3).

(6) The results of appendices III and IV to this part constituent concentrations as required by §257.95(d)(1).

(7) Within 30 days of returning to a detection monitoring program, the notification as required by §257.95(e).

(8) Within 30 days of detecting one or more constituents in appendix IV to this part at statistically significant levels above the groundwater protection standard, the notifications as required by §257.95(g).

(9) Within 30 days of initiating the assessment of corrective measures requirements, the notification as required by §257.95(g)(5).

(10) The completed assessment of corrective measures as required by §257.96(d).

(11) Documentation prepared by the owner or operator recording the public meeting for the corrective measures assessment as required by §257.96(e).

(12) The semiannual report describing the progress in selecting and designing the remedy and the selection of remedy report as required by §257.97(a), except that the selection of remedy report must be maintained until the remedy has been completed.

(13) Within 30 days of completing the remedy, the notification as required by §257.98(e).

(14) The demonstration, including long-term performance data, supporting the suspension of groundwater monitoring requirements as required by §257.90(g).

(i) Closure and post-closure care. The owner or operator of a CCR unit subject to this subpart must place the following information, as it becomes available, in the facility's operating record:

(1) The notification of intent to initiate closure of the CCR unit as required by §257.100(c)(1).

(2) The annual progress reports of closure implementation as required by §257.100(c)(2)(i) and (ii).

(3) The notification of closure completion as required by §257.100(c)(3).

(4) The written closure plan, and any amendment of the plan, as required by §257.102(b), except that only the most recent closure plan must be maintained in the facility's operating record irrespective of the time requirement specified in paragraph (b) of this section.

(5) The written demonstration(s), including the certification required by §257.102(e)(2)(iii), for a time extension for initiating closure as required by §257.102(e)(2)(ii).

(6) The written demonstration(s), including the certification required by §257.102(f)(2)(iii), for a time extension for completing closure as required by §257.102(f)(2)(i).

(7) The notification of intent to close a CCR unit as required by §257.102(g).

(8) The notification of completion of closure of a CCR unit as required by §257.102(h).

(9) The notification recording a notation on the deed as required by §257.102(i).

(10) The notification of intent to comply with the alternative closure requirements as required by §257.103(c)(1).

(11) The annual progress reports under the alternative closure requirements as required by §257.103(c)(2).

(12) The written post-closure plan, and any amendment of the plan, as required by §257.104(d), except that only the most recent closure plan must be maintained in the facility's operating record irrespective of the time requirement specified in paragraph (b) of this section.

(13) The notification of completion of post-closure care period as required by §257.104(e).

(j) Retrofit criteria. The owner or operator of a CCR unit subject to this subpart must place the following information, as it becomes available, in the facility's operating record:

(1) The written retrofit plan, and any amendment of the plan, as required by §257.102(k)(2), except that only the most recent retrofit plan must be maintained in the facility's operating record irrespective of the time requirement specified in paragraph (b) of this section.

(2) The notification of intent that the retrofit activities will proceed in accordance with the alternative procedures in §257.103.

(3) The annual progress reports required under the alternative requirements as required by §257.103.

(4) The written demonstration(s), including the certification in §257.102(f)(2)(iii), for a time extension for completing retrofit activities as required by §257.102(k)(3).

(5) The notification of intent to initiate retrofit of a CCR unit as required by §257.102(k)(5).

(6) The notification of completion of retrofit activities as required by §257.102(k)(6).

[80 FR 21468, Apr. 17, 2015, as amended at 83 FR 36456, July 30, 2018]

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