Cal. Code Regs. Tit. 22, § 66264.221 - Design and Operating Requirements
(a) Any surface impoundment that is not
covered by subsection (c) of this section or section
66265.221 shall have a liner for
all portions of the impoundment (except for existing portions of such
impoundments). The liner shall be designed, constructed, and installed to
prevent any migration of wastes out of the impoundment to the adjacent
subsurface soil or ground water or surface water at any time during the active
life (including the closure period) of the impoundment. The liner may be
constructed of materials that may allow wastes to migrate into the liner (but
not into the adjacent subsurface soil or ground water or surface water) during
the active life of the facility, provided that the impoundment is closed in
accordance with section
66264.228(a)(1).
For impoundments that will be closed in accordance with section
66264.228(a)(2),
the liner shall be constructed of materials that can prevent wastes from
migrating into the liner during the active life of the facility. The liner
shall be:
(1) 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;
(2)
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
(3) installed to cover all surrounding earth
likely to be in contact with the waste or leachate.
(b) 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 soil outside the impoundment
or 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 the alternative capacity and
thickness of the liners and soils present between the impoundment and ground
water or surface water; and
(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;
(5) the potential for
lateral migration of hazardous constituents which could present a threat to
public health or the environment;
(6) recommendations of the State Water
Resources Control Board or the appropriate Regional Water Quality Control
Board.
(c) The owner or
operator of each new surface impoundment unit on which construction commences
after January 29, 1992, each lateral expansion of a surface impoundment unit on
which construction commences after July 29, 1992 and each replacement of an
existing surface impoundment unit that is to commence reuse after July 29, 1992
shall install two or more liners and a leachate collection and removal system
between such liners. "Construction commences" is as defined in section
66260.10 of this chapter under
"existing facility". When an existing surface impoundment is expanded after
January 29, 1992, the entire surface impoundment will be treated as a surface
impoundment constructed after January 29, 1992. The requirements of this
subsection shall not apply to surface impoundment units receiving only non-RCRA
hazardous waste until February 18, 1996.
(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), (2), and (3) of this
section.
(2) 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
1x10-1 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 3x10-4
m2/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 surface
impoundment and the leachate expected to be generated, and of sufficient
strength and thickness to prevent collapse under the pressures exerted by
overlying wastes and any waste cover materials or equipment used at the surface
impoundment;
(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.
(3) The owner or
operator shall collect and remove pumpable liquids in the sumps to minimize the
head on the bottom liner.
(4) 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 liners shall be designed and
constructed to contain the waste and leachate fluids when subjected to the
maximum anticipated hydraulic head which will be imposed during disposal
operations and the post-closure maintenance period.
(e) The leachate collection and removal
system shall:
(1) be designed, constructed,
maintained and operated to collect leachate from the area, and to ensure that
there is no buildup of hydraulic head on the liner. The depth of fluid in the
collection sump shall be kept at a minimum needed to ensure sufficient pump
operation;
(f) 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 groundwater or
surface water at least as effectively as the liners and leachate collection and
removal system 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.
(g) The
double liner requirement set forth in subsection (c) of this section shall be
waived by the Department for any monofill, if:
(1) the monofill contains only hazardous
wastes from foundry furnace emission controls or metal casting molding sand,
and such wastes do not contain constituents which would render the wastes
hazardous for reasons other than exceeding the soluble threshold limit
concentration as described in section
66261.24; and
(2)
(A)
1. the monofill has at least one liner for
which there is no evidence that such liner is leaking. For the purposes of this
subsection, the term "liner" means a liner designed, constructed, installed,
and operated to prevent hazardous waste from passing into the liner at any time
during the active life of the facility, or a liner designed, constructed,
installed, and operated to prevent hazardous waste from migrating beyond the
liner to adjacent subsurface soil, ground water, or surface water at any time
during the active life of the facility. In the case of any surface impoundment
which has been exempted from the requirements of subsection (c) of this section
on the basis of a liner designed, constructed, installed, and operated to
prevent hazardous waste from passing beyond the liner, at the closure of such
impoundment, the owner or operator shall remove or decontaminate all waste
residues, all contaminated liner material, and contaminated soil to the extent
practicable. If all contaminated soil is not removed or decontaminated, the
owner or operator of such impoundment will comply with appropriate post-closure
requirements, including but not limited to groundwater monitoring and
corrective action;
2. the monofill
is located more than one-quarter mile from an underground source of drinking
water as defined in section
66260.10 of this chapter;
and
3. the monofill is in
compliance with generally applicable groundwater monitoring requirements for
facilities with permits; or the owner or operator demonstrates that the
monofill is located, designed and operated so as to assure that there will be
no migration of any hazardous constituent into ground water or surface water at
any future time.
(h) A surface impoundment shall be designed,
constructed, maintained, and operated to prevent overtopping resulting from
normal or abnormal operations; overfilling; wind and wave action; rainfall;
run-on; malfunctions of level controllers, alarms, and other equipment; and
human error.
(i) A surface
impoundment shall have dikes that are designed, constructed, and maintained
with sufficient structural integrity to prevent massive failure of the dikes.
In ensuring structural integrity, it must not be presumed that the liner system
will function without leakage during the active life of the unit.
(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) The owner or operator of any replacement
surface impoundment 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.
Notes
2. Amendment of section and NOTE filed 7-19-95; operative 8-18-95 (Register 95, No. 29).
3. Change without regulatory effect amending subsections (c), (f)(1) and (k)(1) filed 6-30-97 pursuant to section 100, title 1, California Code of Regulations (Register 97, No. 27).
4. Change without regulatory effect amending subsections (c) and (c)(4) filed 10-21-97 pursuant to section 100, title 1, California Code of Regulations (Register 97, No. 43).
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 40 section 264.221.
2. Amendment of section and Note filed 7-19-95; operative 8-18-95 (Register 95, No. 29).
3. Change without regulatory effect amending subsections (c), (f)(1) and (k)(1) filed 6-30-97 pursuant to section 100, title 1, California Code of Regulations (Register 97, No. 27).
4. Change without regulatory effect amending subsections (c) and (c)(4) filed 10-21-97 pursuant to section 100, title 1, California Code of Regulations (Register 97, No. 43).
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