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(continued)
2. a review of all climatic data, and special geologic events, such as earthquakes, which occurred during the entire period the impoundment was in service;
3. a field inspection to detect signs of settlement, subsidence, cracks, scouring, erosion, slides, holes, piping, seepage, sloughing, condition of vegetation, etc.; and
4. a determination if the original design was adequate and a review of possible changes in parameters used in the original design.
(19) The owner or operator shall include in the closure plan an explanation of how the cover, construction procedures and planned postclosure care are designed to accommodate or avoid the effects of differential settlement and consolidation without loss of integrity of the cover.
(f) Before installing the compacted barrier layer of the final cover the owner or operator shall accurately establish the correlation between the desired permeability and the density at which that permeability is achieved. To accomplish this the owner or operator shall:
(1) provide a representative foundation area for a test compacted barrier layer having drainage conditions representative of the closed facility under the compacted barrier layer;
(2) install a compacted barrier layer over that test area that has the depth and materials of construction that the compacted barrier layer for the entire landfill is planned to have, and that is compacted in the manner planned for the compacted barrier layer for the entire landfill;
(3) undertake permeability tests in the test area saturated conditions that represent the maximum hydraulic could be exerted on the compacted barrier layer of the final cover. A sufficient number of tests shall be run to verify the results. A permeability test shall commence after the test apparatus has run for a time long enough to allow the required daily rate of replenishment water to maintain constant head or to follow an asymptotic or constant trend. The rate of evaporation from the test equipment used to determine permeability shall be established;
(4) undertake a sufficient number of tests in the test area to determine the average density at which permeability complying with subsection (e)(5) of this section is obtained.
(g) The owner or operator shall comply with the following when installing the compacted barrier layer of the final cover.
(1) In each day in which final cover material is compacted, the owner or operator shall establish a grid on the upper surface of each layer compacted that day and randomly conduct density tests. A sufficient number of tests shall be conducted to confirm the effectiveness and uniformity of the compaction.
(2) If the Department indicates areas where compaction tests will be needed, the owner or operator shall undertake such tests in those areas.
(3) If the average of the values of compaction from the tests is lower than the average density pursuant to subsection (f)(4) of this section, the entire layer installed on the day represented by the tests shall be removed and replaced with another layer compacted so that compaction tests taken indicate a density higher than the average density determined pursuant to subsection (f)(4) of this section.
(4) An independent, qualified person registered in California as a professional engineer or certified in California as an engineering geologist shall supervise the undertaking of all tests for permeability and percent compaction, shall supervise the construction of the final cover and shall prepare a report to be submitted to the Department which bears his or her signature and the date of the signature, and describes the results of all tests and indicates whether or not the cover, as installed, complies with the requirements of this chapter.
(5) Before starting compaction of earthen material to form the compacted barrier layer of the cover, the owner or operator shall submit to the Department the results of the following determinations, on material to be used for the compacted barrier layer of the final cover:
(A) percent fines;
(B) plastic limit, liquid limit, plasticity index and shrinkage factors;
(C) soil classification;
(D) carbon content;
(E) concentration of soluble salts in soil pore water.
(h) All slopes shall be designed and constructed to minimize the potential for failure. Any slope failure occurring within the site shall be promptly stabilized and the Department and the appropriate regional board shall be notified immediately by the owner or operator of such failure and the methods taken for stabilization.
(i) Adequate facilities shall be provided to ensure for a 100 year period that no leachate shall be discharged to surface waters or groundwater, except as authorized by the hazardous waste facility permit.
(j) Hazardous waste and discarded hazardous material contained in the closed facility shall be protected from washout and erosion as the result of tides or floods having a predicted frequency of once in 100 years.
(k) An inspection and monitoring program shall be established at every closed disposal area wherein an independent, qualified engineer registered in California shall annually evaluate and document the condition of all surface improvements, drainage facilities, erosion control facilities, vegetative cover, gas control facilities and monitoring facilities. This program shall also document the presence of any water or leachate flowing from the disposal area. The engineer shall evaluate the following and the effects of the following:
(1) condition of access control (fences and gates),
(2) condition of vegetation,
(3) erosion,
(4) cracking,
(5) disturbance by cold weather,
(6) seepage,
(7) slope stability,
(8) subsidence,
(9) settlement,
(10) monitoring the leak detection system, if there is one,
(11) operation of the leachate collection and removal system,
(12) monitoring the groundwater monitoring system,
(13) condition of run-on and run-off control systems, and
(14) condition of surveyed benchmarks.
The program shall be continued by the owner or operator of the disposal area throughout the postclosure care period. A copy of the annual report containing the above-cited observations shall be filed in a timely manner with the Department and the appropriate regional board.
(l) [Reserved]
(m) All constructed features which will remain at permanent disposal areas containing hazardous waste material shall be able to withstand the maximum credible earthquake without significant damage to foundations, structures, waste containment features and features which control leachate, surface drainage, erosion and gas.
(n) (Reserved)
(o) If monitoring equipment or other features which are required to be operable after closure of the facility pursuant to this chapter are rendered inoperable, the owner or operator shall render it operable or replace it with operable equipment or other features.
(p) Postclosure care which the owner or operator shall provide for shall include the conducting of surveys by a licensed land surveyor, to determine the horizontal location and elevation of the cover and other containment features, monitoring facilities and drainage features, and markers installed at the site pursuant to subsection (e)(16) of this section. Such surveys shall be taken annually.
(q) The owner or operator shall reconstruct the closed facility to restore slopes and other conditions to conform to the requirements of this chapter when movement at the site has caused them not to comply with such requirements.
(r) The owner or operator shall submit annual reports to the Department describing measures undertaken at the site during the postclosure maintenance period.
Note: Authority cited: Sections 208, 25150, 25159, 25159.5 and 25245, Health and Safety Code; and Governor's Reorganization Plan Number 1 of 1991. Reference: Sections 25150, 25159 and 25159.5, Health and Safety Code; and 40 CFR Section 264.228.
s 66264.229. Special Requirements for Ignitable or Reactive Waste .
Ignitable or reactive waste shall not be placed in a surface impoundment unless the waste and impoundment satisfy all applicable requirements of chapter 18 of this division, and:
(a) the waste is treated, rendered, or mixed before or immediately after placement in the impoundment so that:
(1) the resulting waste, mixture, or dissolution of material no longer meets the definition of ignitable or reactive waste under sections 66261.21 or 66261.23 of this chapter; and
(2) section 66264.17(b) is complied with; or
(b) the waste is managed in such a way that it is protected from any material or conditions which may cause it to ignite or react; or
(c) the surface impoundment is used solely for emergencies.
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 264.229.
s 66264.230. Special Requirements for Incompatible Wastes.
Incompatible wastes, or incompatible wastes and materials, (see Appendix V of this chapter for examples) shall not be placed in the same surface impoundment, unless section 66264.17(b) is complied with.
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 264.230.
s 66264.231. Special Requirements for Hazardous Wastes F020, F021, F022, F023, F026, and F027.
(a) Hazardous Wastes F020, F021, F022, F023, F026, and F027 shall not be placed in a surface impoundment unless the owner or operator operates the surface impoundment in accordance with a management plan for these wastes that is approved by the Department pursuant to the standards set out in this subsection, and in accord with all other applicable requirements of this chapter. The factors to be considered are:
(1) the volume, physical, and chemical characteristics of the wastes, including their potential to migrate through soil or to volatilize or escape into the atmosphere;
(2) the attenuative properties of underlying and surrounding soils or other materials;
(3) the mobilizing properties of other materials co-disposed with these wastes; and
(4) the effectiveness of additional treatment, design, or monitoring techniques.
(b) The Department shall impose additional design, operating, and monitoring requirements for surface impoundments managing hazardous wastes F020, F021, F022, F023, F026, and F027 if necessary to re duce the possibility of migration of these wastes to ground water, surface water, or air so as to protect human health and the environment.
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 264.231.
s 66264.232. Air Emission Standards.
The owner or operator shall manage all hazardous waste placed in a surface impoundment in accordance with the applicable requirements of Articles 28 and 28.5 this Chapter.
Note: Sections 25150, 25159, 25159.5, 25245 and 58012, Health and Safety Code. Reference: Sections 25150, 25159 and 25159.5, Health and Safety Code; and 40 CFR section 264.232.
s 66264.250. Applicability.
(a) The regulations in this article apply to owners and operators of facilities that store or treat hazardous waste in piles, except as section 66264.1 provides otherwise.
(b) The regulations in this article do not apply to owners or operators of waste piles that are part of a permitted facility and are closed with wastes left in place. Such waste piles are subject to regulation under article 14 of this chapter (Landfills).
(c) The owner or operator of any waste pile that is inside or under a structure that provides protection from precipitation so that neither run-off nor leachate is generated is not subject to regulation under section 66264.251 or under article 6 of this chapter, provided that:
(1) liquids or materials containing free liquids are not placed in the pile;
(2) the pile is protected from surface water run-on by the structure or in some other manner;
(3) the pile is designed and operated to control dispersal of the waste by wind, where necessary, by means other than wetting; and
(4) the pile will not generate leachate through decomposition or other reactions.
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 264.250.
s 66264.251. Design and Operating Requirements.
(a) A waste pile (except for an existing portion of a waste pile) shall have:
(1) a liner that is designed, constructed, and installed to prevent any migration of wastes out of the pile into the adjacent subsurface soil or ground water or surface water at any time during the active life (including the closure period) of the waste pile. The liner may be constructed of materials that may allow waste to migrate into the liner itself (but not into the adjacent subsurface soil or ground water or surface water) during the active life of the facility. The liner shall be:
(A) constructed of materials that have appropriate chemical properties and sufficient strength and thickness to prevent failure due to pressure gradients (including static head and external hydrogeologic forces), physical contact with the waste or leachate to which they are exposed, climatic conditions, the stress of installation, and the stress of daily operation;
(B) placed upon a foundation or base capable of providing support to the liner and resistance to pressure gradients above and below the liner to prevent failure of the liner due to settlement, compression, or uplift; and
(C) installed to cover all surrounding earth likely to be in contact with the waste or leachate; and
(2) a leachate collection and removal system immediately above the liner that is designed, constructed, maintained, and operated to collect and remove leachate from the pile. The Department shall specify design and operating conditions in the permit to ensure that the leachate depth over the liner does not exceed 30 cm (one foot). The leachate collection and removal system shall be:
(A) constructed of materials that are:
1. chemically resistant to the waste managed in the pile and the leachate expected to be generated; and
2. of sufficient strength and thickness to prevent collapse under the pressures exerted by overlaying wastes, waste cover materials, and by any equipment used at the pile; and
(B) designed and operated to function without clogging through the scheduled closure of the waste pile.
(b) If the liner is constructed of material that allows waste to migrate into the liner, it shall be designed and constructed in accordance with provisions of section 66264.221(d).
(c) The owner or operator of each new waste pile unit on which construction commences after January 29, 1992, each lateral expansion of a waste pile unit on which construction commences after July 29, 1992, and each replacement of an existing waste pile unit that is to commence reuse after July 29, 1992 shall install two or more liners and a leachate collection and removal system above and between such liners. The requirements of this subsection shall not apply to waste pile units receiving only non-RCRA hazardous waste until February 18, 1996. "Construction commences" is as defined in section 66260.10 under "existing facility".
(1)(A) The liner system shall include:
1. A top liner designed and constructed of materials (e.g., a geomembrane) to prevent the migration of hazardous constituents into such liner during the active life and post-closure care period; and
2. A composite bottom liner, consisting of at least two components. The upper component shall be designed and constructed of materials (e.g., a geomembrane) to prevent the migration of hazardous constituents into this component during the active life and post-closure care period. The lower component shall be designed and constructed of materials to minimize the migration of hazardous constituents if a breach in the upper component were to occur. The lower component shall be constructed of at least 3 feet (91 cm) of compacted soil material with a hydraulic conductivity of no more than 1x10<>-7 cm/sec.
(B) The liners shall comply with subsections (a)(1)(A), (B), and (C) of this section.
(2) The leachate collection and removal system immediately above the top liner shall be designed, constructed, operated, and maintained to collect and remove leachate from the waste pile during the active life and post-closure care period. The Department will specify design and operating conditions in the permit to ensure that the leachate depth over the liner does not exceed 1 foot (30 cm). The leachate collection and removal system shall comply with subsections (c)(3)(C) and (D) of this section.
(3) The leachate collection and removal system between the liners, and immediately above the bottom composite liner in the case of multiple leachate collection and removal systems, is also a leak detection system. This leak detection system shall be capable of detecting, collecting, and removing leaks of hazardous constituents at the earliest practicable time through all areas of the top liner likely to be exposed to waste or leachate during the active life and post-closure care period. The requirements for a leak detection system in this subsection are satisfied by installation of a system that is, at a minimum:
(A) Constructed with a bottom slope of one percent or more;
(B) Constructed of granular drainage materials with a hydraulic conductivity of 1x10<>-2 cm/sec or more and a thickness of 1 foot (30.5 cm) or more; or constructed of synthetic or geonet drainage materials with a transmissivity of 3x10<>-5 m<>2 /sec or more. In cases where the leak detection system is composed of coarse granular material, there shall be a suitable interface (e.g., geotextile) between the leak detection system and any flexible membrane liner, as needed to prevent the coarse grains from causing a puncture in the flexible membrane liner under the high stress conditions caused by the overlying waste;
(C) Constructed of materials that are chemically resistant to the waste managed in the waste pile and the leachate expected to be generated, and of sufficient strength and thickness to prevent collapse under the pressures exerted by overlying wastes, waste cover materials, and equipment used at the waste pile;
(D) Designed and operated to minimize clogging during the active life and post-closure care period; and
(E) Constructed with sumps and liquid removal methods (e.g., pumps) of sufficient size to collect and remove liquids from the sump and prevent liquids from backing up into the drainage layer. Each unit shall have its own sump(s). The design of each sump and removal system shall provide a method for measuring and recording the volume of liquids present in the sump and of liquids removed.
(4) The owner or operator shall collect and remove pumpable liquids in the leak detection system sumps to minimize the head on the bottom liner.
(5) The liner system shall be designed, constructed and operated to ensure that leak detection system shall be a minimum of 5 feet above the highest anticipated elevation of groundwater.
(d) The collection and removal system shall conform to section 66264.221(e).
(e) The owner or operator will be exempted from the requirements of subsection (a) of this section, if the Department finds, based on a demonstration by the owner or operator, that alternate design and operating practices, together with location characteristics, will prevent the migration of any hazardous constituents into the ground water or surface water at any future time. In deciding whether to grant an exemption, the Department will consider:
(1) the nature and quantity of the wastes;
(2) the proposed alternate design and operation;
(3) the hydrogeologic setting of the facility, including alternative capacity and thickness of the liners and soils present between the pile and ground water or surface water;
(4) all other factors which would influence the quality and mobility of the leachate produced and the potential for it to migrate to ground water or surface water; and
(5) the potential for lateral migration of hazardous constituents which could present a threat to public health or the environment.
(f) The owner or operator shall design, construct, operate, and maintain a run-on control system capable of preventing flow onto the portion of the pile during peak discharge from at least a 25-year storm.
(g) The owner or operator shall design, construct, operate, and maintain a run-off management system to collect and control at least the water volume resulting from a 24-hour, 25-year storm.
(h) Collection and holding facilities (e.g., tanks or basins) associated with run-on and run-off control systems shall be emptied or otherwise managed expeditiously after storms to maintain design capacity of the system.
(i) If the pile contains any particulate matter which may be subject to wind dispersal, the owner or operator shall cover or otherwise manage the pile to control wind dispersal.
(j) The Department will specify in the permit all design and operating practices that are necessary to ensure that the requirements of this section are satisfied.
(k) If the Department determines that monitoring in the normally unsaturated zone as required pursuant to article 6 of this chapter is impracticable, the Department shall require the following when a waste pile is established:
(1) the pile shall be underlain by two liners which are designed and constructed in a manner that prevents the migration of liquids into or out of the space between the liners. Both liners shall meet all the specifications of subsection (a)(1) of this section;
(2) a leak detection system shall be designed, constructed, maintained and operated between the liners to detect any migration of liquids into the space between the liners;
(3) the pile shall have a leachate collection and removal system above the top liner that is designed, constructed, maintained and operated in accordance with subsection (a)(2) of this section.
(l) The Department may approve alternative design or operating practices to those specified in subsection (c) of this section if the owner or operator demonstrates to the Department that such design and operating practices, together with location characteristics:
(1) Will prevent the migration of any hazardous constituent into the ground water or surface water at least as effectively as the liners and leachate collection and removal systems specified in subsection (c) of this section; and
(2) Will allow detection of leaks of hazardous constituents through the top liner at least as effectively.
(m) Subsection (c) of this section does not apply to monofills that are granted a waiver by the Department in accordance with section 66264.221(g).
(n) The owner or operator of any replacement waste pile unit is exempt from subsection (c) of this section if:
(1) The existing unit was constructed in compliance with the design standards of 42 USC section 6924(o)(1)(A)(i) and 42 USC section 6924(o)(5); and
(2) There is reason to believe that the liner is functioning as designed.
Note: Authority cited: Sections 25150 and 25159, Health and Safety Code; and Governor's Reorganization Plan Number 1 of 1991. Reference: Sections 25159 and 25159.5, Health and Safety Code; and 40 CFR Section 264.251.
s 66264.252. Action Leakage Rate.
(a) The Department shall approve an action leakage rate for waste pile units subject to section 66264.251(c) or (l). The action leakage rate is the maximum design flow rate that the leak detection system (LDS) can remove without the fluid pressure head on the bottom liner exceeding 1 foot (30.5 cm) at any given portion of the liner. The action leakage rate shall include an adequate safety margin to allow for uncertainties in the design (e.g., slope, hydraulic conductivity, thickness of drainage material), construction, operation, and location of the LDS, waste and leachate characteristics, likelihood and amounts of other sources of liquids in the LDS, and proposed response actions (e.g., the action leakage rate shall consider decreases in the flow capacity of the system over time resulting from siltation and clogging, rib layover and creep of synthetic components of the system, overburden pressures, etc.).
(b) To determine if the action leakage rate has been exceeded, the owner or operator shall convert the weekly flow rate from the monitoring data obtained under section 66264.254(c), to an average daily flow rate (gallons per acre per day) for each sump. Unless the Department approves a different calculation, the average daily flow rate for each sump shall be calculated weekly during the active life and closure period.
Note: Authority cited: Sections 25150 and 25159, Health and Safety Code; and Governor's Reorganization Plan Number 1 of 1991. Reference: Sections 25159 and 25159.5, Health and Safety Code; and 40 CFR Section 264.252.
s 66264.253. Response Actions.
(a) The owner or operator of waste pile units subject to section 66264.251(c) or (l) shall have an approved response action plan before receipt of waste. The response action plan shall set forth the actions to be taken if the action leakage rate has been exceeded. At a minimum, the response action plan shall describe the actions specified in subsection (b) of this section.
(b) If the flow rate into the leak detection system exceeds the action leakage rate for any sump, the owner or operator shall:
(1) Notify the Department in writing of the exceedance within 7 days of the determination;
(2) Submit a preliminary written assessment to the Department within 14 days of the determination, as to the amount of liquids, likely sources of liquids, possible location, size, and cause of any leaks, and short-term actions taken and planned;
(3) Determine to the extent practicable the location, size, and cause of any leak;
(4) Determine whether waste receipt should cease or be curtailed, whether any waste should be removed from the unit for inspection, repairs, or controls, and whether or not the unit should be closed;
(5) Determine any other short-term and longer-term actions to be taken to mitigate or stop any leaks; and
(6) Within 30 days after the notification that the action leakage rate has been exceeded, submit to the Department the results of the analyses specified in subsections (b)(3), (4), and (5) of this section, the results of actions taken, and actions planned. Monthly thereafter, as long as the flow rate in the leak detection system exceeds the action leakage rate, the owner or operator shall submit to the Department a report summarizing the results of any remedial actions taken and actions planned.
(c) To make the leak and/or remediation determinations in subsections (b)(3), (4), and (5) of this section, the owner or operator shall:
(1)(A) Assess the source of liquids and amounts of liquids by source,
(B) Conduct a fingerprint, hazardous constituent, or other analyses of the liquids in the leak detection system to identify the source of liquids and possible location of any leaks, and the hazard and mobility of the liquid; and
(C) Assess the seriousness of any leaks in terms of potential for escaping into the environment; or
(2) Document why such assessments are not needed.
Note: Authority cited: Sections 25150 and 25159, Health and Safety Code; and Governor's Reorganization Plan Number 1 of 1991. Reference: Sections 25159 and 25159.5, Health and Safety Code; and 40 CFR Section 264.253.
s 66264.254. Monitoring and Inspection.
(a) During construction or installation, liners (except as exempted from section 66264.251(a)) and cover systems (e.g., membranes, sheets, or coatings) shall be inspected for uniformity, damage, and imperfections (e.g., holes, cracks, thin spots, or foreign materials). Immediately after construction or installation:
(1) synthetic liners and covers shall be inspected to ensure tight seams and joints and the absence of tears, punctures, or blisters; and
(2) soil-based and admixed liners and covers shall be inspected for imperfections including lenses, cracks, channels, root holes, or other structural non-uniformities that may cause an increase in the permeability of the liner or cover.
(b) While a waste pile is in operation, it shall be inspected weekly and after storms to detect evidence of any of the following:
(1) deterioration, malfunctions, or improper operation of run-on and run-off control systems;
(2) proper functioning of wind dispersal control systems, where present; and
(3) the presence of liquids in leak detection systems, where installed to comply with section 66264.251(k);
(4) the presence of leachate in and proper functioning of leachate collection and removal systems, where present.
(c) An owner or operator required to have a leak detection system under section 66264.251(c) shall record the amount of liquids removed from each leak detection system sump at least once each week during the active life and closure period.
Note: Authority cited: Sections 25150 and 25159, Health and Safety Code; and Governor's Reorganization Plan Number 1 of 1991. Reference: Sections 25159 and 25159.5, Health and Safety Code.
s 66264.256. Special Requirements for Ignitable or Reactive Waste.
Ignitable or reactive waste shall not be placed in a waste pile unless: the waste and waste pile satisfy all applicable requirements of chapter 18 of this division, and:
(a) the waste is treated, rendered, or mixed before or immediately after placement in the pile so that:
(1) the resulting waste, mixture, or dissolution of material no longer meets the definition of ignitable or reactive waste under sections 66261.21 or 66261.23 of this chapter; and
(2) section 66264.17(b) is complied with; or
(b) the waste is managed in such a way that it is protected from any material or conditions which may cause it to ignite or react.
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 264.256.
s 66264.257. Special Requirements for Incompatible Wastes.
(a) Incompatible wastes, or incompatible wastes and materials, (see Appendix V of this part for examples) shall not be placed in the same pile, unless section 66264.17(b) is complied with.
(b) A pile of hazardous waste that is incompatible with any waste or other material stored nearby in containers, other piles, open tanks, or surface impoundments shall be separated from the other materials, or protected from them by means of a dike, berm, wall, or other device.
(c) Hazardous waste shall not be piled on the same base where incompatible wastes or materials were previously piled, unless the base has been decontaminated sufficiently to ensure compliance with section 66264.17(b).
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 264.257.
s 66264.258. Closure and Post-Closure Care.
(a) At closure, the owner or operator shall remove or decontaminate all waste residues, contaminated containment system components (liners, etc.), contaminated subsoils, and structures and equipment contaminated with waste and leachate, and manage them as hazardous waste unless section 66261.3(d) applies.
(b) If, after removing or decontaminating all residues and making all reasonable efforts to effect removal or decontamination of contaminated components, subsoils, structures, and equipment as required in subsection (a) of this section, the owner or operator finds that not all contaminated subsoils can be practicably removed or decontaminated, the owner or operator shall close the facility and perform post-closure care in accordance with the closure and post-closure care requirements that apply to landfills (section 66264.310).
(c)(1) The owner or operator of a waste pile shall:
(A) include in the closure plan for the pile under section 66264.112 both a plan for complying with subsection (a) of this section and a contingent plan for complying with subsection (b) of this section in case not all contaminated subsoils can be practicably removed at closure; and
(B) prepare a contingent post-closure plan under section 66264.118 for complying with subsection (b) of this section in case not all contaminated subsoils can be practicably removed at closure.
(2) The cost estimates calculated under sections 66264.142 and 66264.144 for closure and post-closure care of a pile subject to this subsection shall include the cost of complying with the contingent closure plan and the contingent post-closure plan.
Note: Authority cited: Sections 208, 25150, 25159, Health and Safety Code. Reference: Sections 25150, 25159, 25159.5 and 25245, Health and Safety Code; 40 CFR Section 264.258.
s 66264.259. Special Requirements for Hazardous Wastes F020, F021, F022, F023, F026, and F027.
(a) Hazardous Wastes F020, F021, F022, F023, F026, and F027 shall not be placed in waste piles unless the owner or operator operates the waste pile in accordance with a management plan for these wastes that is approved by the Department pursuant to the standards set out in this subsection, and in accord with all other applicable requirements of this chapter. The factors to be considered are:
(1) the volume, physical, and chemical characteristics of the wastes, including their potential to migrate through soil or to volatilize or escape into the atmosphere;
(2) the attenuative properties of underlying and surrounding soils or other materials;
(3) the mobilizing properties of other materials co-disposed with these wastes; and
(4) the effectiveness of additional treatment, design, or monitoring techniques.
(b) The Department shall impose additional design, operating, and monitoring requirements for piles managing hazardous wastes F020, F021, F022, F023, F026, and, F027 if necessary to reduce the possibility of migration of these wastes to ground water, surface water, or air so as to protect human health and the environment.
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 264.259.
s 66264.270. Applicability.
The regulations in this article apply to owners and operators of facilities that treat or dispose of hazardous waste in land treatment units, except as section 66264.1 provides otherwise.
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 264.270.
s 66264.271. Treatment Program.
(a) An owner or operator of a facility subject to this article shall establish a land treatment program that is designed to ensure that hazardous constituents placed in or on the treatment zone are degraded, transformed, or immobilized within the treatment zone. The Department will specify in the facility permit the elements of the treatment program, including:
(1) the wastes that are capable of being treated at the unit based on a demonstration under section 66264.272;
(2) design measures and operating practices necessary to maximize the success of degradation, transformation, and immobilization processes in the treatment zone in accordance with section 66264.273(a); and
(3) vadose zone monitoring provisions meeting the requirements of section 66264.278.
(b) The Department will specify in the facility permit the constituents of concern that shall be degraded, transformed, or immobilized under this article.
(c) The Department will specify the vertical and horizontal dimensions of the treatment zone in the facility permit. The treatment zone is the portion of the vadose zone below and including the land surface in which the owner or operator intends to maintain the conditions necessary for effective degradation, transformation, or immobilization of hazardous constituents. The maximum depth of the treatment zone shall be:
(1) no more than 1.5 meters (5 feet) from the initial soil surface; and
(2) more than 1.5 meters (5 feet) above the highest anticipated elevation of the water table.
Note: Authority cited: Sections 208, 25150 and 25159, Health and Safety Code. Reference: Sections 25150, 25159, 25159.5 and 25209.1, Health and Safety Code; 40 CFR Section 264.271.
s 66264.272. Treatment Demonstration.
(a) For each waste that will be applied to the treatment zone, the owner or operator shall demonstrate, prior to application of the waste, that constituents of concern in the waste can be completely degraded, transformed, or immobilized in the treatment zone.
(b) In making this demonstration, the owner or operator may use field tests, laboratory analyses, available data, or, in the case of existing units, operating data. If the owner or operator intends to conduct field tests or laboratory analyses in order to make the demonstration required under subsection (a) of this section, the owner or operator shall obtain a treatment or disposal permit under section 66270.63. The Department shall specify in this permit the testing, analytical, design, and operating requirements (including the duration of the tests and analyses, and, in the case of field tests, the horizontal and vertical dimensions of the treatment zone, monitoring procedures, closure and clean-up activities) necessary to meet the requirements in subsection (c) of this section.
(c) Any field test or laboratory analysis conducted in order to make a demonstration under subsection (a) of this section shall:
(1) accurately simulate the characteristics and operating conditions for the proposed land treatment unit including:
(A) the characteristics of the waste (including the presence of constituents listed in Appendix VIII of chapter 11);
(B) the climate in the area;
(C) the topography of the surrounding area;
(D) the characteristics of the soil in the treatment zone (including depth); and
(E) the operating practices to be used at the unit;
(2) be likely to show that constituents of concern in the waste to be tested will be completely degraded, transformed, or immobilized in the treatment zone of the proposed land treatment unit; and
(3) be conducted in a manner that protects human health and the environment considering:
(A) the characteristics of the waste to be tested;
(B) the operating and monitoring measures taken during the course of the test;
(C) the duration of the test;
(D) the volume of waste used in the test;
(E) in the case of field tests, the potential for migration of constituents of concern to ground water or surface water.
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 264.272.
s 66264.273. Design and Operating Requirements.
The Department will specify in the facility permit how the owner or operator will design, construct, operate and maintain the land treatment unit in compliance with this section.
(a) The owner or operator shall design, construct, operate and maintain the unit to maximize the degradation, transformation and immobilization of constituents of concern in the treatment zone. The owner or operator shall design, construct, operate and maintain the unit in accord with all design and operating conditions that were used in the treatment demonstration under section 66264.272. At a minimum, the Department will specify the following in the facility permit:
(1) the rate and method of waste application to the treatment zone;
(2) measures to control soil pH;
(3) measures to enhance microbial or chemical reactions (e.g., fertilization, tilling); and
(4) measures to control the moisture content of the treatment zone.
(b) The owner or operator shall design, construct, operate and maintain the treatment zone to prevent run-off of constituents of concern during the active life of the land treatment unit.
(c) The owner or operator shall design, construct, operate and maintain a run-on control system capable of preventing flow onto the treatment zone during peak discharge from at least a 25-year storm.
(d) The owner or operator shall design, construct, operate and maintain a run-off management system to collect, control and properly manage at least the water volume resulting from a 24-hour, 25-year storm.
(e) Collection and holding facilities (e.g., tanks or basins) associated with run-on and run-off control systems shall be emptied or otherwise managed expeditiously after storms to maintain the design capacity of the system.
(f) If the treatment zone contains particulate matter which may be subject to wind dispersal, the owner or operator shall manage the unit to control wind dispersal.
(g) The owner or operator shall inspect the unit weekly and after storms to detect evidence of:
(1) deterioration, malfunctions or improper operation of run-on and run-off control systems; and
(2) improper functioning of wind dispersal control measures.
(h) The growth of food-chain crops in or on the treatment zone is prohibited.
(i) The owner or operator shall manage the unit to keep the release of airborne contaminants below nuisance levels or other levels necessary to protect human health or the environment.
(j)(1) Unless granted a variance pursuant to subsection (j)(2) of this section, or exempted pursuant to subsection ( l) of this section, every new land treatment unit at a new or existing facility, every land treatment unit which replaces an existing land treatment unit, and every laterally expanded portion of an existing land treatment unit is required to be equipped with two or more liners and a leachate collection system meeting the requirements established in section 66264.301(c) for new landfills.
(2) The Department shall grant a variance from the requirements of subsection (j)(1) or subsection (k) of this section if the owner or operator demonstrates to the Department and the Department finds all of the following:
(A) the land treatment unit was an existing land treatment unit as of January 1, 1988, and no hazardous constituents identified in Appendix VIII to chapter 11 of this division have migrated from the treatment zone of the land treatment unit into the vadose zone or into the waters of the State, and no other hazardous constituents have migrated from the land treatment unit into the vadose zone or into the waters of the State in concentrations which pollute or threaten to pollute the vadose zone or the waters of the State. In making this demonstration the owner or operator shall take a sufficient number of core samples in, beneath and surrounding the treatment zone of the land treatment unit to characterize the chemical constituents in the.treatment zone, in the immediate area of the vadose zone surrounding the treatment zone, and in the area of the vadose zone beneath the treatment zone and shall submit groundwater monitoring data sufficient in scope to demonstrate that there has been no migration of hazardous constituents in the vadose zone or into the waters of the State in concentrations which pollute or threaten to pollute the waters of the State. The owner or operator, as an alternative to taking these core samples, may use the data obtained from any land treatment demonstration required by the department pursuant to section 66264.272 if the data were obtained not more than two years prior to the application for the variance and were sufficient in scope to demonstrate that there has been no migration of hazardous constituents into the vadose zone or into the waters of the State in concentrations which pollute or threaten to pollute the vadose zone or waters of the State.
(B) Notwithstanding the date that the land treatment unit commenced operations, the design and operating practices will prevent the migration of hazardous constituents identified in Appendix VIII to chapter 11 of this division from the treatment zone of the land treatment unit into the vadose zone or into the waters of the State, and no other hazardous constituents have migrated from the land treatment unit into the vadose zone or into the waters of the State in concentrations which pollute or threaten to pollute the vadose zone or the waters of the State.
(C) Notwithstanding the date that the land treatment unit commenced operations, the design and operating practices provide for rapid detection and removal or remediation of any hazardous consistuents that migrate from the treatment zone of the land treatment unit into the vadose zone or the waters of the State in concentrations that pollute or threaten to pollute the vadose zone or the waters of the State.
(3)(A) The Department shall renew a variance only in those cases where an owner or operator demonstrates to the Department and the Department finds, both of the following:
1. no hazardous constituents have migrated from the treatment zone of the land treatment unit into the vadose zone or into the waters of the State concentrations which pollute or threaten to pollute the vadose zone or the waters of the State;
2. continuing the operation of the land treatment unit does not pose a significant threat of hazardous constituents migrating from the land treatment unit into the vadose zone or into the waters of the State in concentrations which pollute or threaten to pollute the vadose zone or the waters of the State.
(B) In making the demonstration for the renewal of a variance pursuant to this subsection, the owner or operator may use field tests, laboratory analysis or operating data.
(4) A variance or a renewal of a variance may be issued for a period not to exceed three years.
(5) Neither the requirements of this section nor the variance provisions of subsection (j)(2) shall relieve the owner or operator from responsibility to comply with all other existing laws and regulations pertinent to land treatment units.
(k) Unless granted a variance pursuant to subsection (j)(2) or exempted under subsection ( l) of this section, after January 1, 1990, no person shall discharge hazardous waste into a land treatment unit which has not been equipped with liners and a leachate collection and removal system which satisfy the requirements of subsection (j)(1) of this section.
( l) Land treatment of soil contaminated only with non-RCRA hazardous waste which has been excavated as part of a removal or remedial action at any hazardous substance release site is exempt from the requirements of subsection (j) of this section if all of the following apply:
(1) the Department determines that the land treatment does not pose a threat to public health or safety or the environment;
(2) the land treatment is conducted pursuant to a plan approved by the Department or a cleanup and abatement order issued by a regional water quality control board;
(3) the land treatment is not conducted at an offsite commercial facility;
(4) the land treatment is used only for purposes of removal or remedial action and, upon completion of the land treatment portion of the removal or remedial action, the land treatment unit is closed.
(m) For purposes of this section, the terms "removal," "remedial action," "hazardous substance" and "release" shall be defined in accordance with article 2 (commencing with section 25310) of chapter 6.8 division 20 of the Health and Safety Code.
Note: Authority cited: Sections 208, 25150 and 25159, Health and Safety Code. Reference: Sections 25150, 25159, 25159.5, 25209.2, 25209.3 and 25209.5, Health and Safety Code; 40 CFR Section 264.273.
s 66264.278. Vadose Zone Monitoring and Response.
In addition to the water quality monitoring and response requirements of article 6 and the environmental monitoring requirements of article 17 of this chapter, an owner or operator subject to this article shall establish a vadose zone monitoring program to discharge the following responsibilities.
(a) The owner or operator shall monitor the soil and soil-pore liquid to determine whether constituents of concern migrate out of the treatment zone.
(1) The Department will specify the constituents of concern to be monitored in the facility permit. The constituents of concern to be monitored are those specified under section 66264.271(b).
(2) The Department may require monitoring for principal constituents of concern in lieu of the constituents specified under section 66264.271(b). Principal constituents of concern are the constituents contained in the wastes to be applied at the unit that are the most difficult to treat, considering the combined effects of degradation, transformation, and immobilization. The Department may establish principal constituents of concern if it finds, based on waste analyses, treatment demonstrations, or other data, that effective degradation, transformation, or immobilization of the constituent will assure treatment at at least equivalent levels for the other constituents of concern in the wastes.
(b) The owner or operator shall install a vadose zone monitoring system that includes soil monitoring using soil cores and soil-pore liquid monitoring using devices such as lysimeters. The vadose zone monitoring system shall consist of a sufficient number of sampling points at appropriate locations and depths to yield samples that:
(1) represent the quality of background soil-pore liquid quality and the chemical make-up of soil that has not been affected by leakage from the treatment zone; and
(2) indicate the quality of soil-pore liquid and the chemical make-up of the soil below the treatment zone.
(c) The owner or operator shall establish a background concentration for each constituent of concern to be monitored under subsection (a) of this section. The permit will specify the background concentrations for each constituent or specify the procedures to be used to calculate the background concentrations. (continued)