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CHAPTER 1200-01-07

department that reports sampling results to the department at least once each year. If sampling results indicate that the fill area has caused the ground water protection standards to be exceeded, the owner or operator of the facility shall commence an assessment monitoring program in accordance with regulations adopted by the board and carry-out all corrective measures specified by the Commissioner.


At the completion of the coal-ash fill project, and no later than 90 days after operations have ceased, the final cover must meet the requirement of at least 24 inches of compacted soil on the coal-ash project area, except for those areas covered by structures, asphalt, concrete (including concrete containing coal ash), or other similar barriers to water infiltration. The upper six inches of this cover shall be able to support the growth of suitable vegetation.


The final surface of the coal-ash fill area is graded and/or provided with drainage facilities in a manner that:

(Rule 1200-01-07-.02, continued)

  • I.

    Minimizes erosion of cover material (e.g., no steep slopes);

  • II.

    Promotes drainage of precipitation falling on the area (e.g.,

prevents pooling);

  • III.

    Provides a surface drainage system which is consistent with the surrounding area and in no way significantly adversely affects proper drainage from these adjacent lands; and

  • IV.

    The operator must take other erosion control measures (e.g., temporary mulching or seeding, silt barriers) as necessary to control erosion of the site.


the Commissioner taking into account site specific coal ash and soil characteristics, ambient groundwater quality, and

projected flows in and around the site; and

A ground water monitoring program


by the

  • (XI)

    Dust Control - The operator must take dust control measures as necessary to prevent dust from creating a nuisance or safety hazard to adjacent landowners or to persons engaged in supervising, operating, and using the site. The use of any oils or other chemicals (other than water) for dust suppression must be approved in writing beforehand by the Department.

  • (XII)

    Prior to excavation, all bore holes drilled or dug during subsurface investigation of the site, piezometers, and abandoned wells which are either in or within 100 feet of the areas to be filled must be backfilled with a bentonite slurry or other sealant approved by the Commissioner to an elevation at least ten feet greater than the elevation of the lowest point of the fill base (including any liner), or to the ground surface if the site will be excavated less than ten feet below grade.

(XIII) The fill area must not be located in a 100-year floodplain unless it is demonstrated to the satisfaction of the Commissioner that:

May, 2010 (Revised)


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