SECTION 352.1241. Post-Closure Care Requirements

(a) The commission adopts by reference 40 Code of Federal Regulations (CFR) §257.104 (Post-closure care requirements) as amended through the August 5, 2016, issue of the Federal Register (81 FR 51802), subject to the additions under this section.

(b) The owner or operator shall submit to the executive director:

(1) a copy of the notification of completion of post-closure care period required by 40 CFR §257.104(e); and

(2) a demonstration that the coal combustion residuals (CCR) unit poses no threat to human health, the environment, or property.

(c) The post-closure period shall be extended until the executive director approves a demonstration that the CCR unit poses no threat to human health, the environment, or property. The financial assurance required in §352.1101(d) of this title (relating to Financial Assurance) shall be continued until such time that the executive director determines that post-closure care is no longer needed.

Source Note: The provisions of this §352.1241 adopted to be effective May 28, 2020, 45 TexReg 3464