California Code of Regulations › Title 22 - Social Security › Division 4.5 - Environmental Health Standards for the Management of Hazardous Waste › Chapter 14 - Standards for Owners and Operators of Hazardous Waste Transfer, Treatment, Storage, and Disposal Facilities › Article 17 - Environmental Monitoring and Response Programs for Air, Soil, and Soil-Pore Gas for Permitted Facilities › Section 66264.700 - Applicability to Permitted Facilities

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(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.