Subchapter A. GENERAL
§ 290.1. Definitions.
The following words and terms, when used in this chapter, have the following meanings, unless the context clearly indicates otherwise:
Temporary coal ash storage pileA pile in which coal ash is stored for not more than 2 weeks.
(i) The top of the saturated zone.
(ii) The term includes the regional groundwater table, perched water tables, seasonal high water table and mine pools.
§ 290.2. Scope.
(a) This chapter sets forth requirements for beneficial use of coal ash. Fly ash, bottom ash or boiler slag resulting from the combustion of coal that is not beneficially used in accordance with this chapter is a residual waste and is subject to regulation under other chapters in this article.
(b) If coal ash is mixed with residual waste, the beneficial use must be authorized by a permit issued under Chapter 287, Subchapter H (relating to beneficial use) and the requirements of this chapter must be met.
(c) If coal ash is produced by co-firing coal or waste coal with an alternative fuel:
(1) Beneficial use of that material is regulated under this chapter as coal ash if the alternative fuel is less than 20% by weight of the total fuel mixture, as burned, and contributes less than 10% by weight of total ash quantity.
(2) Beneficial use must be authorized by a permit issued under Chapter 287, Subchapter H and the requirements of this chapter must be met if the alternative fuel is equal to or greater than 20% by weight of the total fuel mixture, as burned, or contributes equal to or greater than 10% by weight of total ash quantity.
(d) If coal ash is mixed with construction and demolition waste, the beneficial use must be authorized under a permit issued under Article VIII (relating to municipal waste) and the requirements of this chapter must be met.
(e) Coal ash mixed with municipal waste, other than construction and demolition waste, may not be beneficially used by direct placement into the environment. Other types of beneficial use of coal ash mixed with municipal waste may be authorized by a permit issued under Article VIII and any applicable requirements of this chapter must be met.
(f) Beneficial use activities that are subject to and meet the requirements of this chapter are not required to obtain an individual disposal permit under this article.
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