Special Provisions for Existing Portions of Existing Surface Impoundments

(1) Except as provided in 310 CMR 30.613(2) or (4), the owner or operator of each existing surface impoundment, each replacement of an existing surface impoundment, and each lateral expansion of an existing surface impoundment, shall complywith the requirements for liners and leak detection, collection and removal systems specified in 310 CMR 30.612(1) and 30.612(3) within a period of time which shall be specified by the Department in the license. This period of time shall not exceed four years from the date of license issuance pursuant to 310 CMR 30.838. (2) Instead of meeting the requirements of 310 CMR 30.613(1), the owner or operator may either: (a) Complete closure of the impoundment in compliance with 310 CMR 30.617(2) within a period not to exceed four years from the date of license issuance pursuant to 310 CMR 30.838; or (b) Close the impoundment in compliance with 310 CMR 30.617(2)(a) and design, construct and operate a pretreatment system for hazardous waste such that the treated waste is no longer hazardous pursuant to 310 CMR 30.141. Such treated waste shall be discharged into the impoundment only in compliance with a groundwater discharge permit issued pursuant to 314 CMR 5.00. The impoundment shall be closed in compliance with 310 CMR 30.617(2)(a) within a period of time not to exceed four years from the date of license issuance pursuant to 310 CMR 30.838. (3) The Department shall include in the license a schedule which shall ensure that the facility is brought into compliance with 310 CMR 30.613(1) or 30.613(2) as soon as possible. In setting the compliance schedule, the Department shall consider the following factors: (a) The facility's location with respect to high-quality aquifers, surface water, wells, and other water supplies; (b) The hydrogeology of the site; (c) The results of groundwater monitoring conducted at the site; (d) The availability of alternatives and the time required to implement such alternatives; (e) The extent to which the facility is in compliance with all applicable Federal, State and local laws and regulations; and (f) Whether or not the impoundment already has a single liner. (4) In a license issued pursuant to 310 CMR 30.800, the Department may waive all or part of the design or operating practices specified in 310 CMR 30.612(1) and (3) for a surface impoundment containing hazardous waste which only exhibits the characteristic of corrosivity if the owner or operator demonstrates to the Department that such design and operating practices will prevent the migration of any hazardous constituent into the ground water or surface water at least as effectively as the liners and leachate collection and removal system specified in 310 CMR 30.612 and allow detection of leaks of hazardous constituents through the top liner at least as effectively. In determining whether to waive any or all of the design or operating practices of 310 CMR 30.612(1) and (3), the Department shall consider the factors listed in 310 CMR 30.613(3) as well as the following factors: (a) The rate at which corrosive waste is neutralized in the impoundment; (b) The potential for waste in the impoundment to leach hazardous constituents which may be present in the soil; and (c) The presence of material other than hazardous waste in the impoundment (e.g., flyash) which may contain hazardous constituents capable of migrating from the impoundment as a result of the introduction of corrosive hazardous waste into the impoundment. Nothing in 310 CMR 30.613(4) shall relieve the owner or operator of an unlined impoundment from the responsibility of obtaining a groundwater discharge permit pursuant to 314 CMR 5.00. (5) An owner or operator using an impoundment that has not received a waiver pursuant to 310 CMR 30.613(4) shall be subject to the requirements of 310 CMR 30.613(1) and (2).