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(continued)
(5) Except as provided in subsection (f) of this section, requirements for ground water monitoring and corrective action that are sufficient to:
(A) Continue to detect and to characterize the nature, extent, concentration, direction, and movement of existing releases of hazardous constituents in ground water from sources located within the corrective action management unit; and
(B) Detect and subsequently characterize releases of hazardous constituents to ground water that may occur from areas of the corrective action management unit in which wastes will remain in place after closure of the corrective action management unit; and
(C) Require notification to the Department and corrective action as necessary to protect human health and the environment for releases to ground water from the corrective action management unit.
(6) Except as provided in subsection (f) of this section, closure and post-closure requirements:
(A) Closure of corrective action management units shall:
1. Minimize the need for further maintenance; and
2. Control, minimize, or eliminate, to the extent necessary to protect human health and the environment, for areas where wastes remain in place, post-closure escape of RCRA hazardous wastes, hazardous constituents, leachate, contaminated runoff, or RCRA hazardous waste decomposition products to the ground, to surface waters, or to the atmosphere.
(B) Requirements for closure of corrective action management units shall include the following, as appropriate and as deemed necessary by the Department for a given corrective action management unit:
1. Requirements for excavation, removal, treatment or containment of wastes; and
2. Requirements for removal and decontamination of equipment, devices, and structures used in CAMU-eligible waste management activities within the corrective action management unit.
(C) In establishing specific closure requirements for corrective action management units under subsection (e) of this section, the Department shall consider the following factors:
1. Corrective action management unit characteristics;
2. Volume of wastes which remain in place after closure;
3. Potential for releases from the corrective action management unit;
4. Physical and chemical characteristics of the waste;
5. Hydrological and other relevant environmental conditions at the facility which may influence the migration of any potential or actual releases; and
6. Potential for exposure of humans and environmental receptors if releases were to occur from the corrective action management unit.
(D) Cap requirements:
1. At final closure of the corrective action management unit, for areas in which wastes will remain after closure of the corrective action management unit, with constituent concentrations at or above corrective action levels or goals applicable to the site, the owner or operator shall cover the corrective action management unit with a final cover designed and constructed to meet the following performance criteria, except as provided in subsection (e)(6)(D) 2 of this section:
a. Provide long-term minimization of migration of liquids through the closed unit;
b. Function with minimum maintenance;
c. Promote drainage and minimize erosion or abrasion of the cover;
d. Accommodate settling and subsidence so that the cover's integrity is maintained; and
e. Have a permeability less than or equal to the permeability of any bottom liner system or natural subsoils present.
2. The Department may determine that modifications to subsection (e)(6)(D) 1 of this section are needed to facilitate treatment or the performance of the corrective action management unit (e.g., to promote biodegradation).
(E) Post-closure requirements as necessary to protect human health and the environment, to include, for areas where wastes will remain in place, monitoring and maintenance activities, and the frequency with which such activities shall be performed to ensure the integrity of any cap, final cover, or other containment system.
(f) Corrective action management units used for storage and/or treatment only are corrective action management units in which wastes will not remain after closure. Such corrective action management units shall be designated in accordance with all of the requirements of this section, except as follows.
(1) Corrective action management units that are used for storage and/or treatment only and that operate in accordance with the time limits established in the staging pile regulations at 40 Code of Federal Regulations parts 264.554(d)(1)(iii), (h), and (i) are subject to the requirements for staging piles at 40 Code of Federal Regulations parts 264.554(d)(1)(i) and (ii), part 264.554(d)(2), parts 264.554(e) and (f), and parts 264.554(j) and (k) in lieu of the performance standards and requirements for corrective action management units in this section at subsections (c) and (e)(3) through (6).
(2) Corrective action management units that are used for storage and/or treatment only and that do not operate in accordance with the time limits established in the staging pile regulations at 40 Code of Federal Regulations parts 264.554(d)(1)(iii), (h), and (i):
(A) Shall operate in accordance with a time limit, established by the Department, that is no longer than necessary to achieve a timely remedy selected for the waste, and
(B) Are subject to the requirements for staging piles at 40 Code of Federal Regulations parts 264.554(d)(1)(i) and (ii), part 264.554(d)(2), parts 264.554(e) and (f), and parts 264.554(j) and (k) in lieu of the performance standards and requirements for corrective action management units in this section at subsections (c) and (e)(4) and (6).
(g) Corrective action management units into which wastes are placed where all wastes have constituent levels at or below corrective action levels or goals applicable to the site do not have to comply with the requirements for liners at subsection (e)(3)(A) of this section, caps at subsection (e)(6)(D) of this section, ground water monitoring requirements at subsection (e)(5) of this section or, for treatment and/or storage-only corrective action management units, the design standards at subsection (f) of this section.
(h) The Department shall provide public notice and a reasonable opportunity for public comment before designating a corrective action management unit. Such notice shall include the rationale for any proposed adjustments under subsection (e)(4)(E) of this section to the treatment standards in subsection (e)(4)(D) of this section.
(i) Notwithstanding any other provision of this section, the Department may impose additional requirements as necessary to protect human health and the environment.
(j) Incorporation of a corrective action management unit into an existing permit shall be approved by the Department according to the procedures for Department-initiated permit modifications under section 66270.41 of chapter 20 of this division, or according to the permit modification procedures of section 66270.42 of chapter 20 of this division.
(k) The designation of a corrective action management unit does not change the Department's existing authority to address clean-up levels, media-specific points of compliance to be applied to corrective action at a facility, or other remedy selection decisions.

Note: Authority cited: Sections 25150, 25159, 25187, 25200.10, 25358.9 and 58012, Health and Safety Code. Reference: Sections 25150, 25159, 25159.5, 25187, 25200, 25200.10, 25200.14, 25316, 25355.5, 25356.9, 25358.3 and 25358.9, Health and Safety Code; and 40 CFR Section 264.552.





s 66264.552.5. Corrective Action Management Units for Non-RCRA Hazardous Waste.
(a) For the purpose of implementing corrective actions under this article, 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, or federal RCRA Section 3005 [Title 42, U.S.C., section 6925], the Department may designate an area at the facility as a corrective action management unit, as defined in section 66260.10, in accordance with the requirements of this section. One or more corrective action management units may be designated at a facility.
(1) Placement of remediation wastes into or within a corrective action management unit does not constitute land disposal of hazardous wastes.
(2) Consolidation or placement of remediation wastes into or within a corrective action management unit does not constitute creation of a unit subject to minimum technology requirements.
(b)(1) The Department may designate a regulated unit [as defined in section 66264.90(a)] as a corrective action management unit, or may incorporate a regulated unit into a corrective action management unit, if:
(A) the regulated unit is closed or closing, meaning it has begun the closure process under section 66264.113 of chapter 14 or section 66265.113 of chapter 15 of this division; and
(B) inclusion of the regulated unit will enhance implementation of effective, protective and reliable corrective actions for the facility.
(2) The article 6, 7, 8, and 17 requirements of this chapter or article 6, 7, 8, and 18 requirements of chapter 15 and the unit-specific requirements of chapters 14 or 15 that applied to that regulated unit will continue to apply to that portion of the corrective action management unit after incorporation into the corrective action management unit.
(c) The Department shall designate a corrective action management unit in accordance with the following:
(1) The corrective action management unit shall facilitate the implementation of reliable, effective, protective, and cost-effective corrective action measures;
(2) Waste management activities associated with the corrective action management unit shall not create unacceptable risks to humans or to the environment resulting from exposure to hazardous wastes, hazardous substances, or hazardous constituents;
(3) The corrective action management unit shall include uncontaminated areas of the facility, only if including such areas for the purpose of managing remediation waste is more protective than management of such wastes at contaminated areas of the facility;
(4) Areas within the corrective action management unit, where wastes remain in place after closure of the corrective action management unit, shall be managed and contained so as to minimize future releases, to the extent practicable;
(5) The corrective action management unit shall expedite the timing of corrective action activity implementation, when appropriate and practicable;
(6) The corrective action management unit shall enable the use, when appropriate, of treatment technologies (including innovative technologies) to enhance the long-term effectiveness of corrective actions by reducing the toxicity, mobility, or volume of wastes that will remain in place after closure of the corrective action management unit; and
(7) The corrective action management unit shall, to the extent practicable, minimize the land area of the facility upon which wastes will remain in place after closure of the corrective action management unit.
(d) The owner or operator shall provide sufficient information to enable the Department to designate a corrective action management unit in accordance with the criteria in this section.
(e) The Department shall specify, in the permit or order, requirements for corrective action management units to include the following:
(1) The areal configuration of the corrective action management unit.
(2) Requirements for remediation waste management to include the specification of applicable design, operation and closure requirements.
(3) Requirements for ground water monitoring that are sufficient to:
(A) continue to detect and to characterize the nature, extent, concentration, direction, and movement of existing releases of hazardous constituents in ground water from sources located within the corrective action management unit; and
(B) detect and subsequently characterize releases of hazardous constituents to ground water that may occur from areas of the corrective action management unit in which wastes will remain in place after closure of the corrective action management unit.
(4) Closure and post-closure requirements.
(A) closure of corrective action management units shall:
1. minimize the need for further maintenance; and
2. control, minimize, or eliminate, to the extent necessary to protect human health and the environment, for areas where wastes remain in place, post-closure escape of hazardous waste, hazardous constituents, leachate, contaminated runoff, or hazardous waste decomposition products to the ground, to surface waters, or to the atmosphere.
(B) requirements for closure of corrective action management units shall include the following, as appropriate and as deemed necessary by the Department for a given corrective action management unit:
1. requirements for excavation, removal, treatment or containment of wastes;
2. for areas in which wastes will remain after closure of the corrective action management unit, requirements for capping of such areas; and
3. requirements for removal and decontamination of equipment, devices, and structures used in remediation waste management activities within the corrective action management unit.
(C) in establishing specific closure requirements for corrective action management units under this subsection, the Department shall consider the following factors:
1. corrective action management unit characteristics;
2. volume of wastes which remain in place after closure;
3. potential for releases from the corrective action management unit;
4. physical and chemical characteristics of the waste;
5. hydrogeological and other relevant environmental conditions at the facility which may influence the migration of any potential or actual releases; and
6. potential for exposure of humans and environmental receptors if releases were to occur from the corrective action management unit.
(D) Post-closure requirements as necessary to protect human health and the environment, to include, for areas where wastes will remain in place, monitoring and maintenance activities, and the frequency with hich such activities shall be performed to ensure the integrity of any cap, final cover, or other containment system.
(f) The Department shall document the rationale for designating corrective action management units and shall make such documentation available to the public.
(g) Incorporation of a corrective action management unit into an existing permit shall be approved by the Department according to the procedures for Department-initiated permit modifications under section 66270.41 of chapter 20 of this division, or according to the permit modification procedures of section 66270.42 of chapter 20 of this division.
(h) The designation of a corrective action management unit does not change the Department's existing authority to address clean-up levels, media-specific points of compliance to be applied to corrective action at a facility, or other corrective action selection decisions.

Note: Authority cited: Sections 58102 of the Governor's Reorganizational Plan # 1 of 1991; and Sections 25150, 25159, 25187, 25200.10, 25358.9, 58004 and 58012, Health and Safety Code. Reference: Sections 25150, 25159, 25159.5, 25187, 25200, 25200.10, 25200.14, 25316, 25355.5, 25356.9, 25358.3 and 25358.9, Health and Safety Code; 40 CFR Section 264.552.





s 66264.553. Temporary Units.
(a) For temporary tanks and container storage areas used for treatment or storage of hazardous remediation wastes, during corrective action activities required under this article, 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, or federal RCRA section 3005 [Title 42, U.S.C., section 6925], the Department may determine that a design, operating, or closure standard applicable to such units may be replaced by alternative requirements which are protective of human health or the environment.
(b) Any temporary unit to which alternative requirements are applied in accordance with subsection (a) of this section shall be:
(1) Located within the facility boundary; and
(2) Used only for treatment or storage of remediation wastes.
(c) In establishing standards to be applied to a temporary unit, the Department shall consider the following factors:
(1) Length of time such unit will be in operation;
(2) Type of unit;
(3) Volumes of wastes to be managed;
(4) Physical and chemical characteristics of the wastes to be managed in the unit;
(5) Potential for releases from the unit;
(6) Hydrogeological and other relevant environmental conditions at the facility which may influence the migration of any potential releases; and
(7) Potential for exposure of humans and environmental receptors if releases were to occur from the unit.
(d) The Department shall specify in the permit or order the length of time a temporary unit will be allowed to operate, to be no longer than a period of one year. The Department shall also specify the design, operating, and closure requirements for the unit.
(e) The Department may extend the operational period of a temporary unit once for no longer than a period of one year beyond that originally specified in the permit or order, if the Department determines that:
(1) Continued operation of the unit will not pose a threat to human health or the environment; and
(2) Continued operation of the unit is necessary to ensure timely and efficient implementation of corrective actions at the facility.
(f) Incorporation of a temporary unit or a time extension for a temporary unit into an existing permit shall be:
(1) Approved in accordance with the procedures for Department-initiated permit modifications under section 66270.41 of chapter 20 of this division; or
(2) Requested by the owner or operator as a Class II modification according to the procedures under section 66270.42 of chapter 20 of this division.
(g) The Department shall document the rationale for designating a temporary unit and for granting time extensions for temporary units and shall make such documentation available to the public.

Note: Authority cited: Section 58102 of the Governor's Reorganizational Plan # 1 of 1991; and Sections 25150, 25159, 25187, 25200.10, 25358.9, 58004 and 58012, Health and Safety Code. Reference: Sections 25150, 25159, 25159.5, 25187, 25200, 25200.10, 25316, 25355.5, 25356.9, 25358.3 and 25358.9, Health and Safety Code; 40 CFR Section 264.553.





s 66264.570. Applicability.
(a) The requirements of this article apply to owners and operators of facilities that use new or existing drip pads to convey treated wood drippage, precipitation, and/or surface water run-off to an associated collection system. Existing drip pads are those constructed before December 6, 1990 and those for which the owner or operator has a design and has entered into binding financial or other agreements for construction prior to December 6, 1990. All other drip pads are new drip pads. The requirement at section 66264.573(b)(3) to install a leak collection system applies only to those drip pads that are constructed after December 24, 1992 except for those constructed after December 24, 1992 for which the owner or operator has a design and has entered into binding financial or other agreements for construction prior to December 24, 1992.
(b) The owner or operator of any drip pad that is inside or under a structure that provides protection from precipitation so that neither run-off nor run-on is generated is not subject to regulation under sections 66264.573(e) or 66264.573(f), as appropriate.
(c) The requirements of this article are not applicable to the management of infrequent and incidental drippage in storage yards provided that:
(1) the owner or operator maintains and complies with a written contingency plan that describes how the owner or operator will respond immediately to the discharge of such infrequent and incidental drippage. At a minimum, the contingency plan shall describe how the owner or operator will do the following:
(A) cleanup the drippage;
(B) document the cleanup of the drippage;
(C) retain documents regarding cleanup for three years; and
(D) manage the contaminated media in a manner consistent with Department regulations.

Note: Authority cited: Sections 25150, 25159, 25159.5 and 25245, Health and Safety Code; and Section 58012, Governor's Reorganization Plan Number 1 of 1991. Reference: Sections 25150, 25159 and 25159.5, Health and Safety Code; and 40 CFR Section 264.570.





s 66264.571. Assessment of Existing Drip Pad Integrity.
(a) For each existing drip pad as defined in section 66264.570, the owner or operator shall evaluate the drip pad and determine that it meets all of the requirements of this article, except the requirements for liners and leak detection systems of section 66264.573(b). No later than the effective date of this rule, the owner or operator shall obtain and keep on file at the facility, a written assessment of the drip pad, reviewed and certified by an independent, qualified professional engineer registered in California that attests to the results of the evaluation. The assessment shall be reviewed, updated, and re-certified annually until all upgrades, repairs, or modifications necessary to achieve compliance with all of the standards of section 66264.573 are complete. The evaluation shall document the extent to which the drip pad meets each of the design and operating standards of section 66264.573, except the standards for liners and leak detection systems, specified in section 66264.573(b).
(b) The owner or operator shall develop a written plan for upgrading, repairing, and modifying the drip pad to meet the requirements of section 66264.573(b), and submit the plan to the Department no later than two years before the date that all repairs, upgrades, and modifications are complete. This written plan shall describe all changes to be made to the drip pad in sufficient detail to document compliance with all the requirements of section 66264.573. The plan shall be reviewed and certified by an independent qualified registered professional engineer.
(c) Upon completion of all upgrades, repairs, and modifications, the owner or operator shall submit to the Department, the as-built drawings for the drip pad together with a certification by an independent, qualified professional engineer registered in California attesting that the drip pad conforms to the drawings.
(d) If the drip pad is found to be leaking or unfit for use, the owner or operator shall comply with the provisions of section 66264.573(m) or close the drip pad in accordance with section 66264.575.

Note: Authority cited: Sections 25150 and 25159, Health and Safety Code; and Section 58012, Governor's Reorganization Plan Number 1 of 1991. Reference: Sections 25150, 25159 and 25159.5, Health and Safety Code; and 40 CFR Section 264.571.





s 66264.572. Design and Installation of New Drip Pads.
Owners and operators of new drip pads shall ensure that the pads are designed, installed, and operated in accordance with one of the following:
(a) All of the requirements of sections 66264.573 (except 66264.573(b), 66264.574 and 66264.575, or
(b) All of the requirements of sections 66264.573 (except section 66264.573(a)(4)(A) and (B)), 66264.574 and 66264.575.

Note: Authority cited: Sections 25150, 25159, 25159.5 and 25245, Health and Safety Code; and Section 58012, Governor's Reorganization Plan Number 1 of 1991. Reference: Sections 25150, 25159 and 25159.5, Health and Safety Code; and 40 CFR Section 264.572.





s 66264.573. Design and Operating Requirements.
(a) Drip pads shall:
(1) be constructed of non-earthen materials, excluding wood and non-structurally supported asphalt;
(2) be sloped to free-drain treated wood drippage, rain and other waters, or solutions of drippage and water or other wastes to the associated collection system;
(3) have a curb or berm around the perimeter;
(4)(A) have a hydraulic conductivity of less than or equal to 1x10<>-7 centimeters per second, e.g., existing concrete drip pads shall be sealed, coated, or covered with a surface material with a hydraulic conductivity of less than or equal to 1x10<>-7 centimeters per second such that the entire surface where drippage occurs or may run across is capable of containing such drippage and mixtures of drippage and precipitation, material, or other wastes while being routed to an associated collection system. This surface material shall be maintained free of cracks and gaps that could adversely affect its hydraulic conductivity, and the materials shall be chemically compatible with the preservatives that contact the drip pad. The requirements of this provision apply only to existing drip pads and those drip pads for which the owner or operator elects to comply with section 66264.572(a) instead of Section 66264.572(b).
(4)(B) the owner or operator shall obtain and keep on file at the facility a written assessment of the drip pad, reviewed and certified by an independent, qualified registered professional engineer registered in California that attests to the results of the evaluation. The assessment shall be reviewed, updated and recertified annually. The evaluation shall document the extent to which the drip pad meets the design and operating standards of this section, except for paragraph (b) of this section.
(5) be of sufficient structural strength and thickness to prevent failure due to physical contact, climatic conditions, the stress of daily operations, e.g., variable and moving loads such as vehicle traffic, movement of wood, etc.
(b) If an owner or operator elects to comply with section 66264.572(b) instead of section 66264.572(a), the drip pad shall have:
(1) a synthetic liner installed below the drip pad that is designed, constructed, and installed to prevent leakage from the drip pad into the adjacent subsurface soil or groundwater or surface water at any time during the active life (including the closure period) of the drip pad. The liner shall be constructed of materials that will prevent waste from being absorbed into the liner and to prevent releases into the adjacent subsurface soil or groundwater 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 drip pad leakage to which they are exposed, climatic conditions, the stress of installation, and the stress of daily operation (including stresses from vehicular traffic on the drip pad);
(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 that could come in contact with the waste or leakage; and
(2) a leakage detection system immediately above the liner that is designed, constructed, maintained, and operated to detect leakage from the drip pad. The leakage detection system shall be:
(A) constructed of materials that are:
1. chemically resistant to the waste managed in the drip pad and the leakage that might be generated; and
2. of sufficient strength and thickness to prevent collapse under the pressures exerted by overlaying materials and by any equipment used at the drip pad;
(B) designed and operated to function without clogging through the scheduled closure of the drip pad; and
(C) designed so that it will detect the failure of the drip pad or the presence of a release of hazardous waste or accumulated liquid at the earliest practicable time.
(3) a leakage collection system immediately above the liner that is designed, constructed, maintained and operated to collect leakage from the drip pad such that it can be removed from below the drip pad. The date, time, and quantity of any leakage collected in this system and removed shall be documented in the operating log.
(c) Drip pads shall be maintained such that they remain free of cracks, gaps, corrosion, or other deterioration that could cause hazardous waste to be released from the drip pad.
(d) The drip pad and associated collection system shall be designed and operated to convey, drain, and collect liquid resulting from drippage or precipitation in order to prevent run-off.
(e) Unless protected by a structure, as described in section 66264.570(b), the owner or operator shall design, construct, operate, and maintain a run-on control system capable of preventingflow onto the drip pad during peak discharge from at least a 24-hour, 25-year storm, unless the system has sufficient excess capacity to contain any run-off that might enter the system.
(f) Unless protected by a structure or cover, as described in section 66264.570(b), 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.
(g) The drip pad shall be evaluated to determine that it meets the requirements of subsections (a) through (f) of this section and the owner or operator shall obtain a statement from an independent, qualified pro-fessional engineer registered in California certifying that the drip pad design meets the requirements of this section.(h) Drippage and accumulated precipitation shall be removed from the associated collection system as necessary to prevent overflow onto the drip pad.(i) The drip pad surface shall be cleaned thoroughly in a manner and frequency such that accumulated residues of hazardous waste or other materials are removed, with residues being properly managed as hazardous waste, so as to allow weekly inspections of the entire drip pad surface without interference or hindrance from accumulated residues of hazardous waste or other materials on the drip pad. The owner or operator shall document the date and time of each cleaning and the cleaning procedure used in the facility's operating log. The owner or operator shall determine if the residues are hazardous as per section 66262.11 and, if so, shall manage them under chapters 11 through 18 and 20.(j) Drip pads shall be operated and maintained in a manner to minimize tracking of hazardous waste or hazardous waste constituents off the drip pad as result of activities by personnel or equipment.(k) After being removed from the treatment vessel, treated wood from pressure and non-pressure processes shall be held on the drip pad until drippage has ceased. The owner or operator shall maintain records sufficient to document that all treated wood is held on the pad following treatment in accordance with this requirement.(l) Collection and holding units associated with run-on and run-off control systems shall be emptied or otherwise managed as soon as possible after storms to maintain design capacity of the system.
(m) Throughout the active life of the drip pad and as specified in the permit, if the owner or operator detects a condition that may have caused or has caused a release of hazardous waste, the condition shall be repaired within a reasonably prompt period of time following discovery, in accordance with the following procedures:
(1) upon detection of a condition that may have caused or has caused a release of hazardous waste (e.g., upon detection of leakage in the leak detection system), the owner or operator shall:
(A) enter a record of the discovery in the facility operating log;
(B) immediately remove the portion of the drip pad affected by the condition from service;
(C) determine what steps shall be taken to repair the drip pad and clean up any leakage from below the drip pad, and establish a schedule for accomplishing the repairs;
(D) within 24 hours after discovery of the condition, notify the Department of the condition and, within ten working days, provide written notice to the Department with a description of the steps that will be taken to repair the drip pad and clean up any leakage, and the schedule for accomplishing this work;
(2) the Department will review the information submitted, make a determination regarding whether the pad shall be removed from service completely or partially until repairs and clean up are complete, and notify the owner or operator of the determination and the underlying rationale in writing;
(3) upon completing all repairs and clean up, the owner or operator shall notify the Department in writing and provide a certification signed by an independent, qualified professional engineer registered in California, that the repairs and clean up have been completed according to the written plan submitted in accordance with subsection (m)(1)(D) of this section.
(n) Should a permit be necessary, 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.
(o) The owner or operator shall maintain, as part of the facility operating log, documentation of past operating and waste handling practices. This shall include identification of preservative formulations used in the past, a description of drippage management practices, and a description of treated wood storage and handling practices.

Note: Authority cited: Sections 25150, 25159, 25159.5 and 25245, Health and Safety Code; and Section 58012, Governor's Reorganization Plan Number 1 of 1991. Reference: Sections 25150, 25159 and 25159.5, Health and Safety Code; and 40 CFR Section 264.573.





s 66264.574. Inspections.
(a) During preconstruction, construction, and operating phases, liners 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, liners shall be inspected and certified as meeting the requirements of section 66264.573 by an independent, qualified professional engineer registered in California. The certification shall be maintained at the facility as part of the facility operating record. After installation, liners and covers shall be inspected to ensure tight seams and joints and the absence of tears, punctures, or blisters.
(b) While a drip pad 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) the presence of leakage in and proper functioning of leak detection system; or
(3) deterioration or cracking of the drip pad surface.

Note: Authority cited: Sections 25150, 25159, 25159.5 and 25245, Health and Safety Code; and Section 58012, Governor's Reorganization Plan Number 1 of 1991. Reference: Sections 25150 and 25245, Health and Safety Code; and 40 CFR Section 264.574.






s 66264.575. Closure.
(a) At closure, the owner or operator shall remove or decontaminate all waste residues, contaminated containment system components (pad, liners, etc.), contaminated subsoils, and structures and equipment contaminated with waste and leakage, and manage them as hazardous waste.
(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 practically removed or decontaminated, the owner or operator shall close the facility and perform post-closure care in accordance with closure and post-closure care requirements that apply to landfills (section 66264.310). For permitted units, the requirement to have a permit continues throughout the post-closure period. In addition, for the purposes of closure, post-closure, and financial responsibility, such a drip pad is then considered to be a landfill, and the owner or operator shall meet all of the requirements for landfills specified in articles 7 and 8 of this chapter.
(c)(1) The owner or operator of an existing drip pad, as defined in section 66264.570, that does not comply with the liner requirements of section 66264.573(b)(1) shall:
(A) include in the closure plan for the drip pad 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 66264.112 and 66264.144 for closure and post-closure care of a drip pad subject to this chapter shall include the cost of complying with the contingent closure plan and the contingent post-closure plan, but are not required to include the cost of expected closure under subsection (a) of this section.

Note: Authority cited: Sections 25150, 25159, 25159.5 and 25245, Health and Safety Code; and Section 58012, Governor's Reorganization Plan Number 1 of 1991. Reference: Sections 25150, 25159 and 25159.5, Health and Safety Code; and 40 CFR Section 264.575.





s 66264.600. Applicability.
The requirements in this article apply to owners and operators of facilities that transfer, treat, store, or dispose of hazardous waste in miscellaneous units, except as section 66264.1 provides otherwise.

Note: Authority cited: Sections 208, 25150 and 25159, Health and Safety Code. Reference: Sections 25159 and 25159.5, Health and Safety Code; 40 CFR Section 264.600.





s 66264.601. Environmental Performance Standards.
A miscellaneous unit shall be located, designed, constructed, operated, maintained, and closed in a manner that will ensure protection of human health and the environment. Permits for miscellaneous units shall contain such terms and provisions as necessary to protect human health and the environment, including, but not limited to, as appropriate, design and operating requirements, detection and monitoring requirements, and requirements for responses to releases of hazardous waste or hazardous waste constituents from the unit. Permit terms and provisions shall include those requirements of articles 9 through 15 of this chapter, chapter 20, 40 CFR Part 146, and article 5.5 of chapter 6.5 of division 20 of the Health and Safety Code (commencing with section 25100) that are appropriate for the miscellaneous unit being permitted. Protection of human health and the environment includes, but is not limited to:
(a) prevention of any releases that may have adverse effects on human health or the environment due to migration of waste constituents, hazardous constituents, or reaction products, in the ground water or subsurface environment, considering:
(1) the volume and physical and chemical characteristics of the waste in the unit, including its potential for migration through soil, liners, or other containing structures;
(2) the hydrologic and geologic characteristics of the unit and the surrounding area;
(3) the existing quality of ground water and soil-pore liquid and gas, including other sources of pollution and contamination and their cumulative impact on the ground water and the normally unsaturated zone;
(4) the quantity and direction of groundwater flow;
(5) the proximity to and withdrawal rate of current and potential groundwater users;
(6) the patterns of land use in the region;
(7) the potential for deposition or migration of waste constituents, hazardous constituents, or reaction products, into subsurface physical structures, and into the root zone of food-chain crops and other vegetation;
(8) the potential for health risks caused by human exposure to constituents of concern; and
(9) the potential for damage to domestic animals, wildlife, crops, vegetation, and physical structures caused by exposure to constituents of concern;
(b) prevention of any releases that may have adverse effects on human health or the environment due to migration of waste constituents, hazardous constituents, or reaction products, in surface water, or wetlands or on the soil surface considering:
(1) the volume and physical and chemical characteristics of the waste in the unit;
(2) the effectiveness and reliability of containing, confining, and collecting systems and structures in preventing migration;
(3) the hydrologic characteristics of the unit and the surrounding area, including the topography of the land around the unit;
(4) the patterns of precipitation in the region;
(5) the quantity, quality, and direction of ground-water flow;
(6) the proximity of the unit to surface waters;
(7) the current and potential uses of nearby surface waters and any water quality standards established for those surface waters;
(8) the existing quality of surface waters and surface soils, including other sources of pollution and contamination and their cumulative impact on surface waters and surface soils;
(9) the patterns of land use in the region;
(10) the potential for health risks caused by human exposure to constituents of concern; and
(11) the potential for damage to domestic animals, wildlife, crops, vegetation, and physical structures caused by exposure to constituents of concern;
(c) prevention of any release that may have adverse effects on human health or the environment due to migration of waste constituents, hazardous constituents, or reaction products, in the air, considering:
(1) the volume and physical and chemical characteristics of the waste in the unit, including its potential for the emission and dispersal of gases, aerosols, and particulates;
(2) the effectiveness and reliability of systems and structures to reduce or prevent emissions of hazardous constituents to the air;
(3) the operating characteristics of the unit;
(4) the atmospheric, meteorologic, and topographical characteristics of the unit and the surrounding area;
(5) the existing quality of the air, including other sources of pollution and contamination and their cumulative impact on the air;
(6) the potential for health risks caused by human exposure to constituents of concern; and
(7) the potential for damage to domestic animals, wildlife, crops, vegetation, and physical structures caused by exposure to constituents of concern.

Note: Authority cited: Sections 208, 25150 and 25159, Health and Safety Code. Reference: Sections 25159 and 25159.5, Health and Safety Code; 40 CFR Section 264.601.






s 66264.602. Monitoring, Analysis, Inspection, Response, Reporting, and Corrective Action.
Monitoring, testing, analytical data, inspections, response, and reporting procedures and frequency shall ensure compliance with sections 66264.15, 66264.33, 66264.75, 66264.76, 66264.77, 66264.601 and 66264.801 as well as meet any additional requirements needed to protect human health and the environment as specified in the permit.

Note: Authority cited: Sections 208, 25150 and 25159, Health and Safety Code. Reference: Sections 25159 and 25159.5, Health and Safety Code; 40 CFR Section 264.602.





s 66264.603. Post-Closure Care.
A miscellaneous unit that is a disposal unit shall be maintained in a manner that complies with section 66264.601 during the post-closure care period. In addition, if a transfer, treatment, or storage unit has contaminated soils or ground water that cannot be completely removed or decontaminated during closure, then that unit shall also meet the requirements of section 66264.601 during post-closure care. The post-closure plan under section 66264.118 shall specify the procedures that will be used to satisfy this requirement.

Note: Authority cited: Sections 208, 25150 and 25159, Health and Safety Code. Reference: Sections 25159 and 25159.5, Health and Safety Code; 40 CFR Section 264.603.





s 66264.700. Applicability to Permitted Facilities.
(a) The regulations in this article apply to owners and operators of permitted facilities that treat, store, recycle or dispose of hazardous waste. The owner or operator shall satisfy the requirements of this article for all wastes (or constituents thereof) contained in any regulated unit that receives hazardous waste after February 2, 1985. Any waste or waste constituent migrating beyond the regulated unit, as determined by monitoring at any monitoring point for air or soil-pore gas established in accordance with section 66264.705, is assumed to originate from a regulated unit unless the owner or operator demonstrates to the satisfaction of the Department that such waste or waste constituent originated from another source.
(b) The owner or operator is not subject to regulation under this article if the Department finds, pursuant to section 66264.280(d), that the treatment zone of a land treatment unit does not contain levels of hazardous constituents that are above background levels of those constituents by an amount that is statistically significant, and if an unsaturated zone monitoring program meeting the requirements of section 66264.278 has not shown a statistically significant increase in hazardous constituents below the treatment zone during the active life of the unit. An exemption under this subsection can only relieve an owner or operator of responsibility to meet the requirements of this article during the post-closure care period.
(c) The owner or operator is not subject to regulation under this article if the owner or operator demonstrates to the satisfaction of the Department that hazardous waste will not migrate from a regulated unit during the active life of the unit (including the closure period) and the post-closure care period specified under section 66264.117. The demonstration that liquid will not migrate shall be certified by an independent certified engineering geologist or civil engineer registered in California. The demonstration that gas or airborne solids will not migrate shall be certified by a scientist, or engineer registered in California, qualified to make such a demonstration. In order to provide an adequate margin of safety in the prediction of potential migration of liquid, the owner or operator shall base any predictions made under this subsection on assumptions that maximize the rate of liquid migration.
(d) The regulations under this article apply during the active life of the regulated unit (including the closure period). After closure of the regulated unit, the regulations in this article:
(1) do not apply if all waste, waste residues, contaminated containment system components and contaminated subsoils are removed or decontaminated at closure; or
(2) apply during the post closure care period under section 66264.117 of article 7 of this chapter and during any compliance period under section 66264.96 of article 6 of this chapter.

Note: Authority cited: Sections 208, 25150 and 25159, Health and Safety Code. Reference: Sections 25150(a), 25159, 25159.5 and 25245, Health and Safety Code.





s 66264.701. Required Programs.
(a) Owners and operators subject to this article shall conduct a monitoring and response program as follows.
(1) Whenever there is a statistically significant increase under section 66264.707(b) for any hazardous constituents under section 66264.703 from a regulated unit at any monitoring point under section 66264.705, or at another location at which environmental monitoring is undertaken pursuant to state requirements, the owner or operator shall institute a compliance monitoring program under section 66264.708.
(2) Whenever the environmental protection standard under section 66264.702 is exceeded, or when a concentration specified for soil-pore gas or open-air downwind from the hazardous waste facility, is exceeded, the owner or operator shall institute a corrective action program under section 66264.708.
(3) In all other cases, the owner or operator shall institute a detection monitoring program under section 66264.706.
(b) The Department will specify in the facility permit the specific elements of the monitoring and response program. The Department shall include one or more of the programs identified in subsection (a) of this section in the facility permit as may be necessary to protect human health or the environment and will specify the circumstances under which each of the programs will be required. In deciding whether to require the owner or operator to be prepared to institute a particular program, the Department will consider the potential adverse effects on human health or the environment that might occur before final administrative action could be taken on a permit modification application to incorporate such a program.

Note: Authority cited: Sections 208, 25150 and 25159, Health and Safety Code. Reference: Sections 25150(a), 25159, 25159.5 and 25245, Health and Safety Code.





s 66264.702. Environmental Protection Standard.
(a) The owner or operator shall comply with conditions specified in the facility permit that are designed to ensure that hazardous constituents, under section 66264.703 entering soil or air from a regulated unit, do not exceed the concentration limits under section 66264.704 cited by the Department as maximum acceptable concentrations in soil, soil-pore gas, air, or on the land surface. (continued)