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(continued)
(16) Water quality monitoring data collected in accordance with this article, including actual values of constituents and parameters, shall be maintained in the facility operating record. The Department shall specify in the permit when the data shall be submitted for review.

Note: Authority cited: Sections 208, 25150 and 25159, Health and Safety Code. Reference: Sections 25150, 25159 and 25159.5, Health and Safety Code; 40 CFR Section 264.97.





s 66264.98. Detection Monitoring Program.
(a) An owner or operator required, pursuant to section 66264.91, to establish a detection monitoring program for a regulated unit shall, at a minimum, comply with the requirements of this section for that unit.
(b) The owner or operator shall install water quality monitoring systems that are appropriate for detection monitoring and that comply with the provisions of section 66264.97.
(c) The owner or operator shall establish a background value pursuant to section 66264.97(e)(11) for each monitoring parameter specified under subsection (e) of this section and for each constituent of concern specified under section 66264.93.
(d) The Department shall specify the water quality protection standard under section 66264.92 in the facility permit.
(e) The owner or operator shall propose for approval by the Department a list of monitoring parameters for each medium (groundwater, surface water, and the unsaturated zone) to be monitored pursuant to section 66264.97. The list for each medium shall include those physical parameters, hazardous constituents, waste constituents and reaction products that provide a reliable indication of a release from the regulated unit to that medium. The Department shall specify each list of monitoring parameters in the facility permit after considering the following factors:
(1) the types, quantities and concentrations of constituents in wastes managed at the regulated unit;
(2) the expected or demonstrated correlation between the proposed monitoring parameters and the constituents of concern specified for the unit under section 66264.93;
(3) the mobility, stability and persistence of waste constituents or their reaction products;
(4) the detectability of physical parameters, waste constituents and reaction products; and
(5) the background values and the coefficients of variation of proposed monitoring parameters in groundwater, surface water and the unsaturated zone.
(f) The owner or operator shall conduct sampling and analyses for the monitoring parameters listed in the facility permit pursuant to subsection (e) of this section. The Department shall specify the frequencies for collecting samples and conducting statistical analyses pursuant to section 66264.97(e)(12). For groundwater, sampling shall be scheduled to include the times of expected highest and lowest annual elevations of the groundwater surface.
(g) In addition to monitoring for the monitoring parameters specified under subsection (e) of this section, the owner or operator shall periodically monitor for all constituents of concern specified in the facility permit and determine whether there is statistically significant evidence of a release for any constituent of concern using the statistical procedure specified pursuant to section 66264.97(e)(7). The Department shall specify in the facility permit the frequencies and locations for monitoring pursuant to this subsection after considering the degree of certainty associated with the expected or demonstrated correlation between values for monitoring parameters and values for the constituents of concern. Monitoring pursuant to this subsection shall be conducted at least every five years.
(h) The owner or operator shall maintain a record of water quality analytical data as measured and in a form necessary for the determination of statistical significance under subsections (g) and (i) of this section.
(i) For each monitoring point, the owner or operator shall determine whether there is statistically significant evidence of a release from the regulated unit for any monitoring parameter specified in the permit pursuant to subsection (e) of this section at a frequency specified pursuant to subsection (f) of this section.
(1) In determining whether statistically significant evidence of a release from the regulated unit exists, the owner or operator shall use the method(s) specified in the permit under section 66264.97(e)(7). This method(s) shall be used to compare data collected at the monitoring point(s) with the background water quality data.
(2) The owner or operator shall determine whether there is statistically significant evidence of a release from the regulated unit at each monitoring point within a reasonable period of time after completion of sampling. The Department shall specify in the facility permit what period of time is reasonable, after considering the complexity of the statistical test and the availability of laboratory facilities to perform the analysis of samples.
(3) The provisions of this section shall not preclude the Department from making an independent finding that there is statistically significant evidence of a release from the regulated unit. If the Department makes such a finding, the owner or operator shall comply with the provisions of this section that are required in response to statistically significant evidence of a release from the regulated unit.
(j) If the owner or operator determines pursuant to subsection (g) or (i) of this section that there is statistically significant evidence of a release from the regulated unit for any monitoring parameter or constituent of concern at any monitoring point, the owner or operator:
(1) shall notify the Department of the finding by certified mail within seven days of such determination. The notification shall identify for each affected monitoring point the monitoring parameters and constituents of concern that have indicated statistically significant evidence of a release from the regulated unit; and
(2) may immediately initiate a procedure to verify that there is statistically significant evidence of a release from the regulated unit for a parameter or constituent which has indicated a release at a monitoring point if that verification procedure has been specified for that constituent or parameter in the facility permit pursuant to section 66264.97(e)(8)(E).
(k) If the resampling pursuant to subsection (j)(2) of this section confirms that there is statistically significant evidence of a release from the regulated unit or if the owner or operator does not resample pursuant to subsection (j)(2) of this section, then the owner or operator shall do the following.
(1) For that regulated unit, immediately sample all monitoring points in the affected medium (groundwater, surface water or the unsatuated zone) and determine the concentration of all constituents of concern.
(2) For that regulated unit, immediately sample all monitoring points in the affected medium (groundwater, surface water or the unsaturated zone) and determine whether constituents in the list of Appendix IX to chapter 14 are present, and if so, in what concentration(s).
(3) For any Appendix IX constituents found in the analysis pursuant to subsection (k)(2) of this section that are not specified in the list of constituents of concern for that unit, the owner or operator may resample within one month and repeat the analysis for those constituents. Each constituent detected in both analyses shall be added to the list of constituents of concern specified in the facility permit for evaluation monitoring unless the owner or operator demonstrates to the satisfaction of the Department that the constituent is not reasonably expected to be in or derived from waste in the regulated unit. If the owner or operator does not resample for the constituents found pursuant to subsection (k)(2) of this section, the constituents found during this initial Appendix IX analysis will be added to the list of constituents of concern specified in the facility permit for evaluation monitoring unless the owner or operator demonstrates to the satisfaction of the Department that the constituent is not reasonably expected to be in or derived from waste in the regulated unit.
(4) For each Appendix IX constituent added to the list of constituents of concern pursuant to subsection (k)(3) of this section, the owner or operator shall:
(A) collect all data necessary for establishing the background concentration for that constituent and for selecting an appropriate statistical procedure pursuant to section 66264.97(e)(6);
(B) propose an appropriate statistical procedure pursuant to section 66264.97(e)(7);
(C) propose a procedure to establish the background concentration for that constituent pursuant to section 66264.97(e)(10); and
(D) establish the background concentration pursuant to section 66264.97(e)(11).
(5) Within 90 days of determining statistically significant evidence of a release, the owner or operator shall submit to the Department an application for a permit modification to establish an evaluation monitoring program meeting the provisions of section 66264.99. The application shall include the following information:
(A) an identification of the concentration of each constituent of concern at each monitoring point as determined during the most recent sampling events, and an identification of the concentration of each Appendix IX constituent at each monitoring point for the regulated unit in the affected medium (groundwater, surface water or the unsaturated zone);
(B) any proposed changes to the water quality monitoring systems at the facility necessary to meet the requirements of section 66264.99;
(C) any proposed additions or changes to the monitoring frequency, sampling and analytical procedures or methods or statistical methods used at the facility necessary to meet the requirements of section 66264.99;
(D) a detailed description of the measures to be taken by the owner or operator to assess the nature and extent of the release from the regulated unit.
(6) Within 180 days of determining statistically significant evidence of a release, the owner or operator shall submit to the Department an engineering feasibility study for a corrective action program necessary to meet the requirements of section 66264.100. At a minimum, the feasibility study shall contain a detailed description of the corrective action measures that could be taken to achieve background concentrations for all constituents of concern.
(7) If the owner or operator determines, pursuant to subsection (g) or (i) of this section, that there is statistically significant evidence of a release from the regulated unit at any monitoring point, the owner or operator may demonstrate that a source other than the regulated unit caused the evidence of a release or that the evidence is an artifact caused by an error in sampling, analysis or statistical evaluation, or by natural variation in the groundwater, surface water or the unsaturated zone. The owner or operator may make a demonstration pursuant to this subsection in addition to, or in lieu of, submitting both a permit modification application pursuant to subsection (k)(5) of this section and an engineering feasibility study pursuant to subsection (k)(6) of this section; however, the owner or operator is not relieved of the requirements specified in subsections (k)(5) and (k)(6) of this section unless the demonstration made under this subsection successfully shows that a source other than the regulated unit caused the evidence of a release or that the evidence resulted from error in sampling, analysis or evaluation or from natural variation in groundwater, surface water or the unsaturated zone. In making a demonstration pursuant to this subsection, the owner or operator shall:
(A) within seven days of determining statisically significant evidence of a release, notify the Department by certified mail that the owner or operator intends to make a demonstration pursuant to this subsection;
(B) within 90 days of determining statistically significant evidence of a release, submit a report to the Department that demonstrates that a source other than the regulated unit caused the evidence, or that the evidence resulted from error in sampling, analysis or evaluation or from natural variation in groundwater, surface water or the unsaturated zone;
(C) within 90 days of determining statistically significant evidence of a release, submit to the Department an application for a permit modification to make any appropriate changes to the detection monitoring program; and
(D) continue to monitor in accordance with the detection monitoring program established under this section.
( l) If the owner or operator determines that there is significant physical evidence of a release as described in section 66264.91(a)(3) or that the detection monitoring program does not satisfy the requirements of this section, the owner or operator shall:
(1) notify the Department by certified mail within seven days of such determination; and
(2) within 90 days of such determination, submit an application for a permit modification to make any appropriate changes to the program.
(m) Any time the Department determines that the detection monitoring program does not satisfy the requirements of this section, the Department shall send written notification of such determination to the owner or operator by certified mail, return receipt requested. The owner or operator shall, within 90 days after receipt of such notification by the Department, submit an application for a permit modification to make any appropriate changes to the program.
(n) For any regulated unit for which a detection monitoring program is established after the successful completion of a corrective action program pursuant to section 66264.100(g):
(1) the Department shall include in the list of monitoring parameters for each medium (groundwater, surface water and the unsaturated zone) all hazardous constituents that have been detected in that medium due to a release from that regulated unit;
(2) the owner or operator shall analyze samples from all groundwater monitoring points at the point of compliance for that regulated unit and determine the concentration of each constituent contained in Appendix IX to chapter 14 at least annually during any remaining years of the compliance period. If the owner or operator finds either an Appendix IX constituent at a concentration above the concentration limit established in the permit for that constituent or one that is not already identified in the permit as a monitoring parameter, the owner or operator may resample within one month of the original sample and repeat the analysis for those constituents. If the owner or operator does not resample, or if the resampling confirms that the concentration limit for a constituent has been exceeded or that a new constituent is present:
(A) the owner or operator shall report the concentration of each such constituent to the Department within seven days of the latest analysis;
(B) the Department shall add each such constituent to the list of monitoring parameters specified in the facility permit for groundwater unless the owner or operator demonstrates to the satisfaction of the Department that the constituent is not reasonably expected to be in or derived from waste in the regulated unit; and
(C) if a constituent is added to the list of monitoring parameters pursuant to subsection (n)(2)(B) of this section, the owner or operator shall immediately collect samples and conduct statistical tests for each monitoring parameter to determine whether there is statistically significant evidence of a release from the regulated unit.

Note: Authority cited: Sections 208, 25150, and 25159, Health and Safety Code. Reference: Sections 25150, 25159 and 25159.5, Health and Safety Code; 40 CFR Section 264.98.





s 66264.99. Evaluation Monitoring Program.
(a) An owner or operator required pursuant to section 66264.91 to establish an evaluation monitoring program for a regulated unit shall, at a minimum, comply with the requirements of this section for that unit. The evaluation monitoring program shall be used to assess the nature and extent of the release from the regulated unit and to design a corrective action program meeting the requirements of section 66264.100.
(b) The owner or operator shall collect and analyze all data necessary to assess the nature and extent of the release from the regulated unit. This assessment shall include a determination of the spatial distribution and concentration of each constituent of concern throughout the zone affected by the release. The owner or operator shall complete and submit this assessment to the Department within 90 days of establishing an evaluation monitoring program.
(c) Based on the data collected pursuant to subsections (b) and (e) of this section, the owner or operator shall update the engineering feasibility study required under section 66264.98(k)(6). The owner or operator shall submit this engineering feasibility study to the Department within 90 days of establishing an evaluation monitoring program.
(d) Based on the data collected pursuant to subsections (b) and (e) of this section and on the engineering feasibility study submitted pursuant to subsection (c) of this section, the owner or operator shall submit an application for a permit modification to establish a corrective action program meeting the requirements of section 66264.100. The owner or operator shall submit this application for a permit modification to the Department within 90 days of establishing an evaluation monitoring program. The application shall at a minimum include the following information:
(1) a detailed assessment of the nature and extent of the release from the regulated unit;
(2) a proposed water quality protection standard, including any proposed concentration limits greater than background under section 66264.94, and all data necessary to justify each such limit;
(3) a detailed description of proposed corrective action measures that will be taken to achieve compliance with the water quality protection standard proposed for a corrective action program; and
(4) a plan for a water quality monitoring program that will demonstrate the effectiveness of the proposed corrective action.
(e) In conjunction with the assessment conducted pursuant to subsection (b) of this section, and while awaiting final approval of the application for a permit modification submitted pursuant to subsection (d) of this section, the owner or operator shall monitor groundwater, surface water and the unsaturated zone to evaluate changes in water quality resulting from the release from the regulated unit. In conducting this monitoring, the owner or operator shall comply with the following requirements:
(1) the owner or operator shall install water quality monitoring systems that are appropriate for evaluation monitoring and that comply with the provisions of section 66264.97. These water quality monitoring systems may include all or part of existing monitoring systems;
(2) the owner or operator shall propose for approval by the Department a list of monitoring parameters for each medium (groundwater, surface water and the unsaturated zone) to be monitored pursuant to section 66264.97. The list for each medium shall include all hazardous constituents that have been detected in that medium and shall include those physical parameters, waste constituents and reaction products that provide a reliable indication of changes in water quality resulting from the release from the regulated unit to that medium. The Department shall specify each list of monitoring parameters in the facility permit after considering the following factors:
(A) the types, quantities and concentrations of constituents in wastes managed at the regulated unit;
(B) information that demonstrates, to the satisfaction of the Department, a sufficient correlation between the proposed monitoring parameters and the constituents of concern specified for the unit;
(C) the mobility, stability and persistence of waste constituents or their reaction products;
(D) the detectability of physical parameters, waste constituents and reaction products; and
(E) the background values and the coefficients of variation of proposed monitoring parameters in groundwater, surface water and the unsaturated zone;
(3) the owner or operator shall conduct sampling and analyses for the monitoring parameters listed in the facility permit pursuant to subsection (e)(2) of this section. The Department shall specify in the facility permit the frequencies for collecting samples and for conducting statistical analyses pursuant to section 66264.97(e)(12) to evaluate changes in water quality due to the release from the regulated unit. For groundwater, sampling shall be scheduled to include the times of expected highest and lowest annual elevations of the groundwater surface;
(4) in addition to monitoring for the monitoring parameters specified pursuant to subsection (e)(2) of this section, the owner or operator shall periodically monitor for all constituents of concern specified in the facility permit and evaluate changes in water quality due to the release from the regulated unit. The Department shall specify the frequencies for monitoring pursuant to this subsection after considering the degree of certainty associated with the demonstrated correlation between values for monitoring parameters and values for the constituents of concern;
(5) the owner or operator shall conduct water quality monitoring for each monitoring parameter and each constituent of concern in accordance with section 66264.97(e)(12). The owner or operator shall maintain a record of water quality analytical data as measured and in a form necessary for the evaluation of changes in water quality due to the release from the regulated unit;
(6) the owner or operator shall analyze samples from all monitoring points in the affected medium (groundwater, surface water or the unsaturated zone) for all constituents contained in Appendix IX to chapter 14 at least annually to determine whether additional hazardous constituents are present and, if so, at what concentration(s). If the owner or operator finds Appendix IX constituents in the groundwater, surface water or the unsaturated zone that are not already identified in the permit as constituents of concern, the owner or operator may resample within one month and repeat the analysis for those constituents. If the second analysis confirms the presence of new constituents, the owner or operator shall report the concentration of these additional constituents to the Department by certified mail within seven days after the completion of the second analysis and the Department shall add them to the list of constituents of concern specified in the facility permit unless the owner or operator demonstrates to the satisfaction of the Department that the constituent is not reasonably expected to be in or derived from waste in the regulated unit. If the owner or operator does not resample, then the owner or operator shall report the concentrations of these additional constituents to the Department by certified mail within seven days after completion of the initial analysis and the Department shall add them to the list of constituents of concern specified in the facility permit unless the owner or operator demonstrates to the satisfaction of the Department that the constituent is not reasonably expected to be in or derived from waste in the regulated unit; and
(7) while awaiting final approval of the application for a permit modification to establish a corrective action program, the owner or operator shall evaluate all water quality data obtained pursuant to subsection (e) of this section with respect to the design criteria for the corrective action program. If the evaluation indicates that the plan for corrective action is insufficient, the owner or operator shall:
(A) notify the Department by certified mail within seven days of such determination; and
(B) within 90 days of such determination, submit for approval by the Department any appropriate changes to the application for a permit modification.
(f) If the owner or operator demonstrates to the satisfaction of the Department that a source other than the regulated unit caused the evidence of a release or that the evidence is an artifact caused by an error in sampling, analysis or statistical evaluation, or by natural variation in groundwater, surface water or the unsaturated zone, the owner or operator shall submit an application for a permit modification to reinstitute a detection monitoring program meeting the requirements of section 66264.98. This application shall include specifications for all appropriate changes to the monitoring program. In making a demonstration under this subsection, the owner or operator shall:
(1) notify the Department by certified mail that the owner or operator intends to make a demonstration pursuant to this subsection;
(2) submit a report to the Department that demonstrates that a source other than the regulated unit caused the evidence of a release or that the evidence resulted from error in sampling, analysis or evaluation, or from natural variation in groundwater, surface water or the unsaturated zone; and
(3) continue to monitor in accordance with the evaluation monitoring program established pursuant to this section until the permit is modified.
(g) The Department shall require interim corrective action measures where necessary to protect human health or the environment.
(h) If the owner or operator determines that the evaluation monitoring program does not satisfy the requirements of this section, the owner or operator shall, within 90 days, submit an application for a permit modification to make any appropriate changes to the program.
(i) Any time the Department determines that the evaluation monitoring program does not satisfy the requirements of this section, the Department shall send written notification of such determination to the owner or operator by certified mail, return receipt requested. The owner or operator shall, within 90 days of such notification by the Department, submit an application for a permit modification to make appropriate changes to the program.

Note: Authority cited: Sections 208, 25150 and 25159, Health and Safety Code. Reference: Sections 25150, 25159, and 25159.5, Health and Safety Code; 40 CFR Section 264.99.





s 66264.100. Corrective Action Program.
(a) An owner or operator required pursuant to section 66264.91 to establish a corrective action program for a regulated unit shall, at a minimum, comply with the requirements of this section for that unit.
(b) The owner or operator shall take corrective action to remediate releases from the regulated unit and to ensure that the regulated unit achieves compliance with the water quality protection standard under section 66264.92. The Department shall specify the water quality protection standard for corrective action in the facility permit.
(c) The owner or operator shall implement corrective action measures that ensure that constituents of concern achieve their respective concentration limits at all monitoring points and throughout the zone affected by the release, including any portions of the affected zone that extend beyond the facility boundary, by removing the waste constituents or treating them in place. The owner or operator shall take other action specified by the Department to prevent noncompliance with those limits due to a continued or subsequent release from the regulated unit including, but not limited to, source control. The permit shall specify the specific measures that will be taken.
(d) In conjunction with the corrective action measures, the owner or operator shall establish and implement a water quality monitoring program to demonstrate the effectiveness of the corrective action program. Such a monitoring program may be based on the requirements for an evaluation monitoring program under section 66264.99, and shall be effective in determining compliance with the water quality protection standard under section 66264.92 and in determining the success of the corrective action measures under subsection (c) of this section.
(e) Corrective action measures taken pursuant to this section shall be initiated and completed by the owner or operator within a period of time specified by the Department in the facility permit.
(f) Corrective action measures taken pursuant to this section may be terminated when the owner or operator demonstrates to the satisfaction of the Department that the concentrations of all constituents of concern are reduced to levels below their respective concentration limits.
(g) After terminating the corrective action measures pursuant to subsection (f) of this section, the owner or operator shall remain in the corrective action program until:
(1) the owner or operator demonstrates to the satisfaction of the Department that the regulated unit is in compliance with the water quality protection standard. This demonstration shall be based on the results of sampling and analysis for all constituents of concern for a period of one year; and
(2) the owner or operator submits and the Department approves an application for a permit modification to establish a detection monitoring program meeting the requirements of section 66264.98.
(h) The owner or operator shall report, in writing, to the Department on the effectiveness of the corrective action program. The owner or operator shall submit these reports at least semiannually. More frequent reporting shall be required by the Department as necessary to ensure the protection of human health or the environment.
(i) If the owner or operator determines that the corrective action program does not satisfy the requirements of this section, the owner or operator shall, within 90 days of making the determination, submit an application for a permit modification to make any appropriate changes to the program.
(j) Any time the Department determines that the corrective action program does not satisfy the requirements of this section, the owner or operator shall, within 90 days of notification of such determination by the Department, submit an application for a permit modification to make any appropriate changes to the program.

Note: Authority cited: Sections 208, 25150 and 25159, Health and Safety Code. Reference: Sections 25150, 25159, and 25159.5, Health and Safety Code; 40 CFR Section 66264.100.





s 66264.101. Corrective Action for Waste Management Units.
(a) The owner or operator of a facility seeking a permit for the transfer, treatment, storage, or disposal of hazardous waste shall institute corrective action as necessary to protect human health and the environment for all releases of hazardous waste or constituents from any solid or hazardous waste management unit at the facility, regardless of the time at which waste was placed in such unit.
(b) Corrective action will be specified in the permit or order in accordance with this article, article 15.5, or article 17, and Health and Safety Code sections 25200.10, 25187, or 25200.14, or section 25358.9 where as provided for under the provisions of that section the Department has excluded the removal or remedial action at a site from the hazardous waste facilities permit required by Health and Safety Code section 25201. The permit or order will contain schedules of compliance for such corrective action (where such corrective action cannot be completed prior to issuance of the permit) and assurances of financial responsibility for completing such corrective action.
(c) The owner or operator shall implement corrective actions beyond the facility boundary, where necessary to protect human health or the environment, unless the owner or operator demonstrates to the satisfaction of the Department, that despite the owner or operator's best efforts, the owner or operator was unable to obtain the necessary permission to undertake such actions. The owner or operator is not relieved of all responsibility to cleanup a release that has migrated beyond the facility boundary where off-site access is denied. On-site measures to address such release will be determined on a case-by-case basis. Assurance of financial responsibility for such corrective action shall be provided.

Note: Authority cited: Sections 25150, 25159, 25187, 25200.10, 25355.5, 25356.9, 25358.3, 25358.9, 58004 and 58012, Health and Safety Code. Reference: Sections 25150, 25159.5, 25187, 25200, 25200.10, 25355.5, 25356.9, 25358.3 and 25358.9, Health and Safety Code; 40 CFR Section 264.101.





s 66264.110. Applicability.
Except as section 66264.1 provides otherwise:
(a) sections 66264.111 through 66264.115 (which concern closure) apply to the owners and operators of all hazardous waste management facilities; and
(b) sections 66264.116 through 66264.120 (which concern post-closure care) apply to the owners and operators of:
(1) all hazardous waste disposal facilities;
(2) waste piles and surface impoundments from which the owner or operator intends to remove the wastes at closure to the extent that these sections are made applicable to such facilities in sections 66264.228 or 66264.258;
(3) tank systems that are required under section 66264.197 to meet the requirements for landfills; and
(4) containment buildings that are required under section 66264.1102 to meet the requirement for landfills.

Note: Authority cited: Sections 25150, 25159, 25159.5, 25179.6, 25245 and 58012, Health and Safety Code. Reference: Sections 25159, 25159.5, 25245, 25246 and 58012, Health and Safety Code; 40 CFR Section 264.110.





s 66264.111. Closure Performance Standard.
The owner or operator shall close the facility in a manner that:
(a) minimizes the need for further maintenance; and
(b) controls, minimizes or eliminates, to the extent necessary to protect human health and the environment, post-closure escape of hazardous waste, hazardous constituents, leachate, contaminated rainfall or run-off, or waste decomposition products to the ground or surface waters or to the atmosphere; and
(c) complies with the closure requirements of this chapter including, but not limited to, the requirements of sections 66264.178, 66264.197, 66264.228, 66264.258, 66264.280, 66264.310, 66264.351, 66264.601 through 66264.603, and 66264.1102.

Note: Authority cited: Sections 25150, 25159, 25159.5, 25179.6, 25245 and 58012, Health and Safety Code. Reference: Sections 25159, 25159.5, 25245 and 58012, Health and Safety Code; 40 CFR Section 264.111.





s 66264.112. Closure Plan; Amendment of Plan.
(a) Written plan.
(1) The owner or operator of a hazardous waste management facility shall have a written closure plan. In addition, certain surface impoundments and waste piles from which the owner or operator intends to re-move or decontaminate the hazardous waste at partial or final closure are required by sections 66264.228(c)(1)(A) and 66264.258(c)(1)(A) to have contingent closure plans. The plan shall be submitted with the permit application, in accordance with section 66270.14(b)(13) of this division, or when otherwise requested by the Department. The plan shall be approved by the Department as part of the permit issuance procedures un-der chapter 21 of this division. In accordance with section 66270.32 of this division, the approved closure plan will become a condition of any permit.(2) The Department's approval of the plan shall ensure that the approved closure plan is consistent with sections 66264.111 through 66264.115 and the applicable requirements of article 6 of this chapter and sections 66264.178, 66264.197, 66264.228, 66264.258, 66264.280, 66264.310, 66264.351, 66264.601 and 66264.1102. Until final closure is completed and certified in accordance with section 66264.115, a copy of the approved plan and all approved revisions shall be kept at the facility and furnished to the Department upon request, including request by mail.(b) Content of plan. The plan shall identify steps necessary to perform partial or final closure of the facility at any point during its active life and to perform final closure of the facility at the end of its active life. The closure plan shall include, at least:(1) a description of how and when each hazardous waste management unit at the facility will be closed in accordance with section 66264.111;(2) a description of how and when final closure of the facility will be conducted in accordance with section 66264.111. The description shall identify the maximum extent of the operations which will be unclosed during the active life of the facility;(3) an estimate of the maximum inventory of hazardous wastes ever on-site over the active life of the facility and a detailed description of the methods to be used during partial closures and final closure, including, but not limited to, methods for removing, transporting, treating, storing, or disposing of all hazardous wastes, and identification of the type(s) of the off-site hazardous waste management units to be used, if applicable;(4) a detailed description of the steps needed to remove or decontaminate all hazardous waste residues and contaminated containment system components, equipment, structures, and soils during partial and final closure, including, but not limited to, procedures for cleaning equipment and removing contaminated soils, methods for sampling and testing surrounding soils, and criteria for determining the extent of decontamination required to satisfy the closure performance standard;(5) a detailed description of other activities necessary during the closure period to ensure that all partial closures and final closure satisfy the closure performance standards, including, but not limited to, ground-water monitoring, leachate collection, and run-on and run-off control; (6) a schedule for closure of each hazardous waste management unit and for final closure of the facility. The schedule shall include, at a minimum, the total time required to close each hazardous waste management unit and the time required for intervening closure activities which will allow tracking of the progress of partial and final closure. (For example, in the case of a landfill unit, estimates of the time required to treat or dispose of all hazardous waste inventory and of the time required to place a final cover shall be included); (7) an estimate of the expected year of final closure.(c) Amendment of plan. The owner or operator shall submit a written notification of or request for a permit modification to authorize a change in the approved closure plan in accordance with the applicable procedures in chapters 20 and 21 of this division. The written notification request shall include a copy of the amended closure plan for review or approval by the Department.(1) The owner or operator may submit a written notification or request to the Department for a permit modification to amend the closure plan at any time prior to the notification of partial or final closure of the facility.(2) The owner or operator shall submit a written notification or request for a permit modification to authorize a change in the approved closure plan whenever:(A) changes in operating plans or facility design affect the closure plan, or(B) there is a change in the expected year of closure, or(C) in conducting partial or final closure activities, unexpected events require a modification of the approved closure plan.(3) The owner or operator shall submit a written request for a permit modification including a copy of the amended closure plan for approval at least 60 days prior to the proposed change in facility design or operation, or no later than 60 days after an unexpected event has occurred which has affected the closure plan. If an unexpected event occurs during the partial or final closure period, the owner or operator shall request a permit modification no later than 30 days after the unexpected event. The Department will approve, disapprove, or modify this amended plan in accordance with the procedures in chapters 20 and 21 of this division. In accordance with section 66270.32 of this division, the approved closure plan will become a condition of any permit issued.
(4) The Department may request modifications to the plan under the conditions described in section 66264.112(c)(2). The owner or operator shall submit the modified plan within 60 days of the Department's request, or within 30 days if the change in facility conditions occurs during partial or final closure. Any modifications requested by the Department will be approved in accordance with the procedures in chapters 20 and 21 of this division.
(d) Notification of partial closure and final closure.
(1) The owner or operator shall notify the Department in writing at least 60 days prior to the date on which the owner or operator expects to begin closure of a surface impoundment, waste pile, land treatment or landfill unit, or final closure of a facility with such a unit. The owner or operator shall notify the Department in writing at least 45 days prior to the date on which the owner or operator expects to begin final closure of a facility with only tanks or containers used for transfer, treatment or storage, or incinerator units to be closed. The owner or operator shall notify the Department in writing at least 45 days prior to the date on which the owner or operator expects to begin partial or final closure of a boiler or industrial furnace, whichever is earlier. The Department may require a longer notice period of up to 180 days for any facility or unit by giving written notice of the longer period if the Department determines that additional time would be required to review and make necessary amendments to the closure plan prior to the initiation of closure. Within 90 days after receiving a notification, the Department may review the closure plan to determine whether any factor has significantly changed since a prior review was undertaken, or determine whether the plan is otherwise adequate or inadequate, and may prescribe additional requirements or request modifications to the plan.
(2) The date when the owner or operator "expects to begin closure" shall be either no later than the date on which any hazardous waste management unit receives the known final volume of hazardous wastes or, if there is a reasonable possibility that the hazardous waste management unit will receive additional hazardous wastes, no later than one year after the date on which the unit received the most recent volume of hazardous waste. The Department may approve an extension to this one-year limit if the owner or operator of a hazardous waste management unit demonstrates to the satisfaction of the Department that the hazardous waste management unit or facility has the capacity to receive additional hazardous wastes,the owner or operator has taken, and will continue to take, all steps necessary to comply with all applicable permit requirements, and the extension will not pose a threat to human health and the environment.
(3) For units meeting the requirements of section 66264.113(d), the date when the owner or operator "expects to begin closure" shall be no later than the date on which the hazardous waste management unit receives the known final volume of non-hazardous wastes, or if there is a reasonable possibility that the hazardous waste management unit will receive additional non-hazardous wastes, no later than one year after the date on which the unit received the most recent volume of non-hazardous wastes. If the owner or operator can demonstrate to the Department that the hazardous waste management unit has the capacity to receive additional non-hazardous wastes and the owner or operator has taken, and will continue to take, all steps to prevent threats to human health and threats to the environment, including compliance with all applicable permit requirements, the Department may approve an extension to this one-year limit. A facility operating under the requirements of section 66264.113(d) shall be subject to the facility fee specified in Health and Safety Code, Division 20, section 25205.2(d), until the facility has complied with the requirements of section 66264.113(a). Health and Safety Code, Division 20, section 25205.2(d)(4) shall not apply to a facility operating pursuant to section 66264.113(d).
(4) If the facility's permit is terminated, or if the facility is otherwise ordered, by judicial decree or final order under Health and Safety Code section 25358.3 or article 8 of chapter 6.5 of division 20 of the Health and Safety Code, to cease receiving hazardous wastes or to close, then the requirements of this section do not apply. However, the owner or operator shall close the facility in accordance with the deadlines established in section 66264.113.

Note: Authority cited: Sections 25150, 25159, 25159.5, 25179.6, 25205.2, 25245, 58004 and 58012, Health and Safety Code. Reference: Sections 25159, 25159.5, 25245 and 25246, Health and Safety Code; 40 CFR Section 264.112.





s 66264.113. Closure; Time Allowed for Closure.
(a) Within 90 days after receiving the final volume of hazardous wastes, or the final volume of non-hazardous wastes if the owner or operator complies with all applicable requirements in subsections (d) and (e) of this section, at a hazardous waste management unit or facility, the owner or operator shall treat, remove from the unit or facility, or dispose of on-site, all hazardous wastes in accordance with the approved closure plan. The Department may approve a longer period if the owner or operator complies with all applicable requirements for requesting a modification to the permit and demonstrates to the satisfaction of the Department that:
(1)(A) the activities required to comply with this subsection will, of necessity, take longer than 90 days to complete; or
(B) 1. the hazardous waste management unit or facility has the capacity to receive additional hazardous wastes, or has the capacity to receive non-hazardous wastes if the owner or operator complies with subsections (d) and (e) of this section; and
2. there is a reasonable likelihood that a person other than the owner or operator will recommence operation of the hazardous waste management unit or the facility within one year; and
3. closure of the hazardous waste management unit or facility would be incompatible with continued operation of the site; and
(2) the owner or operator has taken and will continue to take all steps to comply with all applicable permit requirements and the longer period will not pose a threat to human health and the environment.
(b) The owner or operator shall complete partial and final closure activities in accordance with the approved closure plan and within 180 days after receiving the final volume of hazardous wastes, or the final volume of non-hazardous wastes if the owner or operator complies with all applicable requirements in subsections (d) and (e) of this section, at the hazardous waste management unit or facility. The Department may approve an extension to the closure period if the owner or operator complies with all applicable requirements for requesting a modification to the permit and demonstrates that:
(1)(A) the partial or final closure activities will, of necessity, take longer than 180 days to complete; or
(B) 1. the hazardous waste management unit or facility has the capacity to receive additional hazardous wastes, or has the capacity to receive non-hazardous wastes if the owner or operator complies with subsections (d) and (e) of this section; and
2. there is reasonable likelihood that a person other than the owner or operator will recommence operation of the hazardous waste management unit or the facility within one year; and
3. closure of the hazardous waste management unit or facility would be incompatible with continued operation of the site; and
(2) the owner or operator has taken and will continue to take all steps to prevent threats to human health and the environment from the unclosed, but not operating, hazardous waste management unit or facility, including compliance with all applicable permit requirements.
(c) The demonstrations referred to in subsections (a) and (b) of this section shall be made as follows:
(1) The demonstrations in subsection (a) of this section shall be made at least 30 days prior to the expiration of the 90-day period in subsection (a); and
(2) the demonstration in subsection (b) shall be made at least 30 days prior to the expiration of the 180-day period in subsection (b) of this section, unless the owner or operator is otherwise subject to the deadlines in subsection (d) of this section.
(d) The Department may allow an owner or operator to receive only non-hazardous wastes in a landfill, land treatment, or surface impoundment unit after the final receipt of hazardous wastes at that unit, if:
(1) The owner or operator requests a permit modification in compliance with all applicable requirements in chapters 20 and 21 of this division and in the permit modification request demonstrates to the Department that:
(A) the unit has the existing design capacity as indicated on the Part A application to receive non-hazardous wastes; and
(B) there is a reasonable likelihood that the owner or operator or another person will receive non-hazardous wastes in the unit within one year after the final receipt of hazardous wastes; and
(C) the non-hazardous wastes will not be incompatible with any remaining wastes in the unit, or with the facility design and operating requirements of the unit or facility under this chapter; and
(D) closure of the hazardous waste management unit would be incompatible with continued operation of the unit or facility; and (continued)