Cal. Code Regs. Tit. 22, § 66265.221 - Design Requirements
(a) 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, and operate the leachate collection and
removal system, in accordance with section
66264.221(c),
unless exempted under section
66264.221(f) or
(g) of this chapter. The requirements of this
subsection shall not apply to surface impoundment units receiving only non-RCRA
hazardous until February 18, 1996. "Construction commences" is as defined in
section 66260.10 of this chapter under
"existing facility."
(b) The owner
or operator of each unit referred to in subsection (a) of this section shall
notify the Department at least sixty (60) days prior to receiving waste. The
owner or operator of each facility submitting notice shall file a Part B
application within six months of the receipt of such notice.
(c) The owner or operator of any replacement
surface impoundment unit is exempt from subsection (a) 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 evidence to believe that the
liner is functioning as designed.
(d) The double liner requirement set forth in
subsection (a) of this section may 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
paragraph 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, groundwater 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 (a) 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 must 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 of operator of such impoundment must comply with appropriate postclosure
requirements, including but not limited to ground-water 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; and
3. the monofill is in compliance with
generally applicable groundwater monitoring requirements for facilities with
permits; or
(B) 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
groundwater or surface water at any future time.
(e) In the case of any unit in which the
liner and leachate collection system has been installed pursuant to the
requirements of subsection (a) of this section and in good faith compliance
with subsection (a) of this section no liner or leachate collection system
which is different from that which was so installed pursuant to subsection (a)
of this section will be required for such unit by the Department when issuing
the first permit to such facility, except that the Department will not be
precluded from requiring installation of a new liner when the Department has
reason to believe that any liner installed pursuant to the requirements of
subsection (a) of this section is leaking.
(f) A surface impoundment shall maintain
enough freeboard to prevent any overtopping of the dike by overfilling, wave
action, or a storm. Except as provided in subsection (b) of this section, there
shall be at least 2 feet (60 cm) of freeboard.
(g) A freeboard level of less than 2 feet (60
cm) may be maintained if the owner or operator obtains certification by a
qualified engineer, registered in California, that alternative design features
or operating plans will, to the best of the engineer's knowledge and opinion,
prevent overtopping of the dike. The certification along with a written
identification of alternate design features or operating plans preventing
overtopping, shall be maintained at the facility.
(h) Surface impoundments that are newly
subject to RCRA section
3005(j)(1)
(42 U.S.C. section
6925(j)(1)) due to the
promulgation of additional listings or characteristics for the identification
of hazardous waste shall be in compliance with subsections (a), (c) and (d) of
this section not later than 48 months after the promulgation of the additional
listing or characteristic. This compliance period shall be consistent with
health and safety code, division 20, article 9.5 and shall not be cut short as
the result of the promulgation of land disposal prohibitions under Chapter 18
or the granting of an extension to the effective date of a prohibition pursuant
to section
66268.5, within this 48-month
period.
Notes
2. Amendment of section heading and subsections (a) and (c), new subsections (c)(1)-(2), (f), and (g), and amendment of NOTE filed 7-19-95; operative 8-18-95 (Register 95, No. 29).
3. Amendment of section heading, repealer of subsections (f) and (g), new subsection (h) and amendment of NOTE filed 1-31-96; operative 1-31-96 (Register 96, No. 5).
4. Change without regulatory effect amending subsections (a) and (c)(1) and adopting new subsections (f) and (g) filed 6-30-97 pursuant to section 100, title 1, California Code of Regulations (Register 97, No. 27).
5. Change without regulatory effect amending subsection (h) filed 8-15-97 pursuant to section 100, title 1, California Code of Regulations (Register 97, No. 33).
6. Change without regulatory effect amending subsection (a) filed 10-21-97 pursuant to section 100, title 1, California Code of Regulations (Register 97, No. 43).
Note: Authority cited: Sections 208, 25150 and 25159, Health and Safety Code. Reference: Sections 25159, 25159.5 and 25208.5, Health and Safety Code; and 40 CFR Section 265.221.
2. Amendment of section heading and subsections (a) and (c), new subsections (c)(1)-(2), (f), and (g), and amendment of Note filed 7-19-95; operative 8-18-95 (Register 95, No. 29).
3. Amendment of section heading, repealer of subsections (f) and (g), new subsection (h) and amendment of Note filed 1-31-96; operative 1-31-96 (Register 96, No. 5).
4. Change without regulatory effect amending subsections (a) and (c)(1) and adopting new subsections (f) and (g) filed 6-30-97 pursuant to section 100, title 1, California Code of Regulations (Register 97, No. 27).
5. Change without regulatory effect amending subsection (h) filed 8-15-97 pursuant to section 100, title 1, California Code of Regulations (Register 97, No. 33).
6. Change without regulatory effect amending subsection (a) filed 10-21-97 pursuant to section 100, title 1, California Code of Regulations (Register 97, No. 43).
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