1983-06-03_REVISION - M1977285 (2)

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43.90(e)(2)(iii) Ciii) installed to cover all surrounding earth likely to be in contact with the wastes or leachate. (3) The applicant or licensee will be exempted from the requirements • of 43.90(e)(1) if the Agency finds, based on a demonstration by the applicant or licensee, that alternate design and operating practices, including the closure plan, together with site char ac teristica will prevent the migration of any hazardous constituents into groundwater or surface water at any future time. In deciding whether to grant an exemption, the Agency will consider: (i) the nature and quantity of the wastes; (ii) the proposed alternate design and operation; (iii) the hydrogeologic setting of the facility, including the attenuative capacity and thickness of the liners and soils present between the impoundment and ground water or surface water; and (iv) all other factors which would influence the quality and mobility of the leachate produced and the potential for it to migrate to groundwater or surface water. (4) A surface impoundment shall be designed, constructed, maintained, and operated to prevent overtopping resulting from normal or abnormal operations, overfilling, wind and wave actions, rain- • fall, or run-off; from malfunctions of level controllers, alarms, and other equipment; and from human error. (5) When dikes are used to form the surface impoundment, the dikes shall be designed, constructed, and maintained with sufficient structural integrity to prevent massive failure of the dikes. In ensuring structural integrity, it shall not be presumed that the liner system will function without leakage during the active life of the impoundment. (f) Secondary Groundwater Protection. Uranium and thorium byproduct materials shall be managed to conform t:o the following secondary groundwater protection standard: hazardous constituents, as defined in 43.2, entering the groundwater from a licensed site must not exceed the specified concentration limits in t:he uppermost aquifer beyond the point of compliance during the compliance period. Specified concen- tration limits are those limits established by the Agency as indicated in 43.90(f)(3). The Agency will also establish the point of compliance and compliance period on a site-specific basis through license conditions and orders. When the detection monitoring estab- lished under 43.90(m) indicates leakage of hazardous constituents from the disposal area, the Agency will identify hazardous constituents, establish concentration limits, set the compliance period, and may adjust the point of compliance if needed in accordance with developed data and site information regarding the flow of groundwater or contaminants. • 43 - 1S (April 1990)