Section 290.408. Storage impoundments—scope

(a) This section and § § 290.409—290.415 apply to persons that store coal ash in surface impoundments prior to beneficial use.

(b) This section and § § 290.409—290.415 do not apply to the storage impoundments that are designed for the express purpose of storing stormwater runoff and that store runoff composed entirely of stormwater. Impoundments that store stormwater runoff must comply with the applicable requirements of The Clean Streams Law (35 P. S. § § 691.1—691.1001), section 13 of the Stormwater Management Act (32 P. S. § 680.13) and Chapters 92a, 102 and 105 (relating to national pollutant discharge elimination system permitting, monitoring and compliance; erosion and sediment control; and dam safety and waterway management).

(c) For purposes of this section, ‘‘stormwater’’ means drainage runoff from the surface of the land resulting from precipitation or snow or ice melt.