Senate Bill 328 Summary

• Removes the exemption for small coal combustion product structural fill projects, requiring all projects to obtain permits and meet the same design, construction, closure, and post-closure requirements regardless of project size.

• Projects using less than 8,000 tons per acre or 80,000 tons total must submit basic information including project description, dates, volume estimates, toxicity testing (TCLP analysis for arsenic, barium, cadmium, lead, chromium, mercury, selenium, and silver), and landowner consent.

• Projects using 8,000 or more tons per acre or 80,000 or more tons total must provide construction plans with stability analysis prepared by a professional engineer, groundwater monitoring systems, and encapsulation liner systems with specific design requirements.

• Large projects require financial assurance for closure, post-closure maintenance for 30 years (adjustable by Department), cap systems, leachate collection systems, and groundwater monitoring with detection and assessment programs for hazardous constituents.

• Siting restrictions prohibit placement within 50 feet of property boundaries, 300 feet of private dwellings or wells, 50 feet of stream banks, 4 feet of seasonal high groundwater, and 50 feet of wetlands without Army Corps of Engineers approval.