Section 299.145. Failure

(a) If a surface impoundment fails, the person or municipality storing residual waste shall immediately:

(1) Stop adding waste to the impoundment.

(2) Contain any discharge that has occurred or is occurring.

(3) Empty the impoundment in a manner approved by the Department, if leaks cannot be stopped.

(4) Notify the Department of the failure of the impoundment and the measures taken to remedy the failure.

(b) A surface impoundment that has been removed from service due to failure may not be restored to service unless the following conditions are met:

(1) The impoundment has been repaired.

(2) The repair has been certified to the Department, in writing, by a registered professional engineer.

(3) The Department has approved, in writing, the restoration of the impoundment to service.

(c) If a storage impoundment fails and the impoundment or surrounding area cannot be cleaned up in a manner that is satisfactory to the Department, the impoundment shall be closed and bonded as a residual waste disposal impoundment under Chapter 289 (relating to residual waste disposal impoundments).

Notation

Cross References

This section cited in 25 Pa. Code § 288.455 (relating to leachate collection and storage); 25 Pa. Code § 288.555 (relating to leachate collection and storage); 25 Pa. Code § 289.455 (relating to leachate collection and storage); 25 Pa. Code § 289.555 (relating to leachate collection and storage); 25 Pa. Code § 299.101 (relating to scope); and 25 Pa. Code § 299.141 (relating to scope).