SB0009 Summary

• Establishes comprehensive state regulation of coal combustion residuals (CCR) in surface impoundments with permit requirements, financial assurance obligations, and closure standards at least as protective as federal EPA regulations under 40 CFR 257.

• Requires CCR surface impoundment owners/operators to post performance bonds or other acceptable financial assurance for closure, post-closure care, and remediation of releases, with cost estimates based on 30-year post-closure periods.

• Mandates meaningful public participation procedures including public notice, comment periods, hearings, and website posting of closure plans and permit applications before CCR surface impoundment permits are issued.

• Imposes initial and annual regulatory fees on CCR surface impoundment operators ($50,000-$75,000 initial; $15,000-$25,000 annually depending on closure status) to be deposited in the Environmental Protection Permit and Inspection Fund.

• Directs the Pollution Control Board to adopt rules within one year establishing construction/operating permit requirements, design standards, reporting, closure procedures, and environmental justice identification procedures for existing and new CCR surface impoundments.