reglab/statecodes huggingface dataset:
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 7 - Closure and Post-Closure › Section 66264.115 - Certification of Closure

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Within 60 days of completion of partial closure, and within
					 60 days of the completion of final closure, the owner or operator shall submit
					 to the Department, by registered mail, a certification that the hazardous waste
					 management unit or facility, as applicable, has been closed in accordance with
					 the specifications in the approved closure plan. The certification shall be
					 signed by the owner or operator and by an independent qualified professional
					 engineer, registered in California. Documentation supporting the independent
					 qualified registered professional engineer's certification shall be furnished
					 to the Department upon request until the Department releases the owner or
					 operator from the financial assurance requirements for closure under section
					 66264.143, subsection
					 (j).
1. New
					 section filed 5-24-91; effective 7-1-91 (Register 91, No. 22).
2.
					 Change without regulatory effect amending section and NOTE filed 12-19-2005
					 pursuant to section
					 100, title 1, California Code of
					 Regulations (Register 2005, No. 51).
Note: Authority cited: Sections
						25150,
						25159
						and
						25245,
						Health and Safety Code. Reference: Sections
						25159,
						25159.5,
						25245
						and
						25246,
						Health and Safety Code; 40
						CFR Section
						264.115.
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 7 - Closure and Post-Closure › Section 66264.116 - Survey Plat

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
No later than the submission of the certification of
					 closure of each hazardous waste disposal unit, the owner or operator shall
					 submit to the local zoning authority, or the authority with jurisdiction over
					 local land use, and to the Department, a survey plat indicating the location
					 and dimensions of landfill cells or other hazardous waste disposal units with
					 respect to permanently surveyed vertical and horizontal benchmarks. This plat
					 shall be prepared and certified by a professional land surveyor licensed in
					 California. The plat filed with the local zoning authority, or the authority
					 with jurisdiction over local land use, shall contain a note, prominently
					 displayed, which states the owner's or operator's obligation to restrict
					 disturbance of the hazardous waste disposal unit in accordance with the
					 applicable regulations of this article.
1. New
					 section filed 5-24-91; effective 7-1-91 (Register 91, No.
					 22).
Note: Authority cited: Sections
						208,
						25150,
						25159
						and
						25245,
						Health and Safety Code. Reference: Sections
						25259,
						25159.5,
						25245
						and
						25246,
						Health and Safety Code; 40
						CFR Section
						264.116.
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 7 - Closure and Post-Closure › Section 66264.117 - Post-Closure Care and Use of Property

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) This section pertains to facilities at
				  which all hazardous wastes, waste residues, contaminated materials and
				  contaminated soils will not be removed during closure. Additional requirements
				  for such facilities are cited in title 23 of the California Code of
				  Regulations.
(b)
(1) Post-closure care for each hazardous
				  waste management unit subject to the requirements of sections
				  66264.117 through
				  66264.120 shall begin after
				  completion of closure of the unit and, except as provided in subsections
				  (b)(2)(A) and (b)(2)(B), continue for 30 years after that date and shall
				  consist of at least the following:
(A)
				  monitoring and reporting in accordance with the requirements of articles 6, 11,
				  12, 13, 14, and 16 of this chapter; and
(B) maintenance and monitoring of waste
				  containment systems in accordance with the requirements of articles 6, 11, 12,
				  13, 14, and 16 of this chapter.
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 7 - Closure and Post-Closure › Section 66264.118 - Post-Closure Plan; Amendment of Plan

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Written Plan. The owner or operator of a
				  hazardous waste disposal unit shall have a written post-closure plan. In
				  addition, certain surface impoundments and waste piles from which the owner or
				  operator intends to remove or decontaminate the hazardous wastes at partial or
				  final closure are required by sections
				  66264.228(c)(1)(B)
				  and 66264.258(c)(1)(B)
				  to have contingent post-closure plans. The plan shall be submitted with the
				  permit application, in accordance with section
				  66270.14(b)(13)
				  of this division, or when otherwise requested by the Department. The plan shall
				  be approved by the Department as part of the permit issuance procedures under
				  chapter 21 of this division. In accordance with section
				  66270.32 of this division, the
				  approved post-closure plan will become a condition of any permit
				  issued.
(b) For each hazardous
				  waste management unit subject to the requirements of this section, the
				  post-closure plan shall identify the activities that will be carried on after
				  closure of each disposal unit and the frequency of these activities, and
				  include at least:
(1) a description of the
				  planned monitoring activities and frequencies at which they will be performed
				  to comply with articles 6, 11, 12, 13, 14, and 16 of this chapter during the
				  post-closure care period; and
(2) a
				  description of the planned maintenance activities, and frequencies at which
				  they will be performed, to ensure:
(A) the
				  integrity of the cap and final cover and other containment systems in
				  accordance with the requirements of articles 11, 12, 13, 14, and 16 of this
				  chapter; and
(B) the function of
				  the monitoring equipment in accordance with the requirements of articles 6, 11,
				  12, 13, 14, and 16 of this chapter; and
(3) the name, address, and phone number of
				  the person or office to contact about the hazardous waste disposal unit or
				  facility during the post-closure care period.
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 7 - Closure and Post-Closure › Section 66264.119 - Post-Closure Notices

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) No
				  later than 60 days after certification of closure of each hazardous waste
				  disposal unit, the owner or operator shall submit to the local zoning
				  authority, or the authority with jurisdiction over local land use, and to the
				  Department a record of the type, location, and quantity of hazardous wastes
				  disposed of within each cell or area (not limited to only hazardous waste
				  disposal unit) of the facility. For hazardous wastes disposed of before January
				  12, 1981, the owner or operator shall identify the type, location, and quantity
				  of the hazardous wastes to the best of the owner's or operator's knowledge and
				  in accordance with any records the owner or operator has kept. Any changes in
				  the type, location or quantity of hazardous wastes disposed of within each cell
				  or area of the facility that occur after the survey plat and record of wastes
				  have been filed shall be reported to the local zoning authority or the
				  authority with jurisdiction over local land use and to the
				  Department.
(b) Within 60 days of
				  certification of closure of the first hazardous waste disposal unit and within
				  60 days of certification of closure of the last hazardous waste disposal unit,
				  the owner or operator shall:
(1) record, in
				  accordance with State law, a notation on the deed to the facility property, or
				  on some other instrument which is normally examined during title search, that
				  will in perpetuity notify any potential purchaser of the property that:
(A) the land has been used to manage
				  hazardous wastes; and
(B) its use
				  is restricted under article 7 of this chapter; and
(C) the survey plat and record of the type,
				  location, and quantity of hazardous wastes disposed of within each cell or area
				  (not limited to only hazardous waste disposal unit) of the facility required by
				  sections 66264.116 and
				  66264.119(a) have
				  been filed with the local zoning authority or the authority with jurisdiction
				  over local land use and with the Department; and
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 7 - Closure and Post-Closure › Section 66264.120 - Certification of Completion of Post-Closure Care

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
No later than 60 days after completion of the established
					 post-closure care period for each hazardous waste disposal unit, the owner or
					 operator shall submit to the Department, by registered mail, a certification
					 that the post-closure care period for the hazardous waste disposal unit was
					 performed in accordance with the specifications in the approved post-closure
					 plan. The certification shall be signed by the owner or operator and an
					 independent qualified professional engineer, registered in California.
					 Documentation supporting the independent qualified registered professional
					 engineer's certification shall be furnished to the Department upon request
					 until the Department releases the owner or operator from the financial
					 assurance requirements for post-closure care under section
					 66264.145, subsection
					 (j).
1. New
					 section filed 5-24-91; effective 7-1-91 (Register 91, No. 22).
2.
					 Change without regulatory effect amending section and NOTE filed 12-19-2005
					 pursuant to section
					 100, title 1, California Code of
					 Regulations (Register 2005, No. 51).
Note: Authority cited: Sections
						25150,
						25159
						and
						25245,
						Health and Safety Code. Reference: Sections
						25159,
						25159.5,
						25245
						and
						25246,
						Health and Safety Code; 40
						CFR Section
						264.120.
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 7 - Closure and Post-Closure › Section 66264.121 - Postclosure Requirements for Facilities that Obtain Enforceable Documents in Lieu of Postclosure Permits

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Owners and operators who are subject to
				  the requirement to obtain a postclosure permit under Section
				  66270.1(c), but
				  who obtain enforceable documents in lieu of postclosure permits, as provided
				  under Section
				  66270.1(c)(7),
				  must comply with the following requirements:
(1) The requirements to submit information
				  about the facility in Section
				  66270.28;
(2) The requirements for facility-wide
				  corrective action in Section
				  66264.101; and
(3) The requirements of Sections
				  66264.91 through
				  66264.100.
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 8 - Financial Requirements › Section 66264.140 - Applicability

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The
				  requirements of sections
				  66264.142,
				  66264.143 and
				  66264.147 apply to owners and
				  operators of all hazardous waste facilities, as defined in section
				  66260.10, except as provided
				  otherwise in this article.
(b) The
				  requirements of sections
				  66264.144 and
				  66264.145 apply only to owners and
				  operators of:
(1) hazardous waste facilities,
				  which are disposal facilities, as defined in section
				  66260.10;
(2) for purposes of this article, a facility
				  which utilizes a temporary waste pile, as defined in section
				  66260.10, and surface impoundments
				  as defined in section
				  66260.10, shall be considered as a
				  disposal site until the owner or operator has demonstrated to the satisfaction
				  of the Department that all wastes have been removed from the site;
(3) tank systems that are required under
				  section 66264.197 to meet the requirements
				  for landfills; and
(4) Containment
				  buildings that are required under section
				  66264.1102 to meet the
				  requirements for landfills.
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 8 - Financial Requirements › Section 66264.141 - Definition of Terms as Used in this Article

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The following terms, as defined in
				  section 66260.10 are used in the
				  specifications for the financial tests for closure, post-closure care, and
				  liability coverage. The definitions are intended to assist in the understanding
				  of these regulations and are not intended to limit the meanings of terms in a
				  way that conflicts with generally accepted accounting practices.
"Assets"
"Current assets"
"Current liabilities"
"Current plugging and abandonment cost estimate"
"Independently audited"
"Liabilities"
"Net working capital"
"Net worth"
"Substantial business relationship"
"Tangible net worth"
(b) In the liability coverage requirements
				  the terms "bodily injury" and "property damage" as defined in section
				  66260.10 shall have the meanings
				  given these terms by applicable State law. However, these terms do not include
				  those liabilities which, consistent with standard industry practices, are
				  excluded from coverage in liability policies for bodily injury and property
				  damage. The Department intends the meanings of other terms used in the
				  liability insurance requirements to be consistent with their common meanings
				  within the insurance industry. The definitions given below and defined in
				  section 66260.10 are intended to assist in
				  the understanding of these regulations and are not intended to limit their
				  meanings in a way that conflicts with general insurance industry usage.
"Accidental occurrence"
"Legal defense costs"
"Nonsudden accidental occurrence"
"Sudden accidental occurrence"
1. New
					 section filed 5-24-91; operative 7-1-91 (Register 91, No.
					 22).
Note: Authority cited: Sections
						208,
						25150,
						25159,
						25159.5
						and
						25245,
						Health and Safety Code. Reference: Section
						25245,
						Health and Safety Code; 40
						CFR Section
						264.141.
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 8 - Financial Requirements › Section 66264.142 - Cost Estimate for Closure

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The owner or operator shall prepare and
				  submit to the Department a detailed written estimate, in current dollars, of
				  the cost of closing the facility in accordance with the requirements in
				  sections 66264.111 through
				  66264.115 and applicable closure
				  requirements in sections
				  66264.178,
				  66264.197,
				  66264.228,
				  66264.258,
				  66264.280,
				  66264.310,
				  66264.351,
				  66264.601 through
				  66264.603, and
				  66264.1102.
(1) The estimate shall be submitted in
				  accordance with sections
				  66270.10 and
				  66270.14. The estimate shall equal
				  the cost of final closure at the point in the facility's active life when the
				  extent and manner of its operation would make closure the most expensive, as
				  indicated by its closure plan (see section
				  66264.112(b)).
(2) The closure cost estimate shall be based
				  on the costs to the owner or operator of hiring a third party to close the
				  facility. A third party is a party who is neither a parent nor a subsidiary of
				  the owner or operator. (See definition of parent corporation in section
				  66260.10.) The owner or operator
				  may use costs for on-site disposal if it can be demonstrated that on-site
				  disposal capacity will exist at all times over the life of the
				  facility.
(3) The closure cost
				  estimate shall not incorporate any salvage value that may be realized with the
				  sale of hazardous wastes, or non-hazardous wastes if applicable under section
				  66264.113(d),
				  facility structures or equipment, land, or other assets associated with the
				  facility at the time of partial or final closure.
(4) The owner or operator shall not
				  incorporate a zero cost for hazardous wastes, or non-hazardous wastes if
				  applicable under section
				  66264.113(d),
				  that might have economic value.
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 8 - Financial Requirements › Section 66264.144 - Cost Estimate for Postclosure Care

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) An owner or operator of a disposal
				  surface impoundment, disposal miscellaneous unit, land treatment unit, landfill
				  unit, or a surface impoundment or waste pile required under section
				  66264.228 and section
				  66264.258 to prepare and submit to
				  the Department a contingent closure and postclosure plan, shall prepare and
				  submit to the Department a detailed written estimate, in current dollars, of
				  the annual cost of postclosure monitoring and maintenance of the facility in
				  accordance with the applicable postclosure regulations in sections
				  66264.117 through
				  66264.120,
				  66264.228,
				  66264.258,
				  66264.280,
				  66264.310, and
				  66264.603.
(1) The postclosure cost estimate shall be
				  based on the costs to the owner or operator of hiring a "third party" to
				  conduct postclosure care activities. A "third party" is a party who is neither
				  a parent nor a subsidiary of the owner or operator. (See definition of "parent
				  corporation" in section
				  66260.10).
(2) The postclosure cost estimate is
				  calculated by multiplying the annual postclosure cost estimate by 30 years or
				  as required under section
				  66264.117. The Department may
				  reset this period to 30 years each time the postclosure permit is issued or
				  renewed. This period must be consistent with determinations made under section
				  66264.117.
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 8 - Financial Requirements › Section 66264.146 - Use of a Mechanism for Financial Assurance of Closure, Post-Closure Care, and Corrective Action

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
An owner or operator may satisfy the requirements for
					 financial assurance for closure, post-closure care, and corrective action for
					 one or more facilities by using a trust fund, surety bond, letter of credit,
					 insurance, financial test, corporate guarantee, or alternative mechanism that
					 meets the specifications for the mechanism in both sections
					 66264.143 and
					 66264.145 for each facility. The
					 amount of funds available through the mechanism shall be no less than the sum
					 of funds that would be available if a separate mechanism had been established
					 and maintained for financial assurance of closure, post-closure care, and
					 corrective action.
1. New
					 section filed 5-24-91; operative 7-1-91 (Register 91, No. 22).
2.
					 Amendment of section heading, section and NOTE filed 10-24-2018; operative
					 1-1-2019 (Register 2018, No. 43).
Note: Authority cited: Sections
						208,
						25150,
						25159,
						25159.5,
						25200.21,
						25245,
						58004
						and
						58012,
						Health and Safety Code. Reference: Sections
						25200.21
						and
						25425,
						Health and Safety Code; 40
						CFR Section
						264.146.
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 8 - Financial Requirements › Section 66264.147 - Liability Requirements

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				  Coverage for sudden accidental occurrences. An owner or operator of a hazardous
				  waste transfer, treatment, storage, or disposal facility, or a group of such
				  facilities, shall demonstrate to the Department financial responsibility for
				  bodily injury and property damage to third parties caused by sudden accidental
				  occurrences arising from operations of the facility or group of facilities. The
				  owner or operator shall have and maintain liability coverage for sudden
				  accidental occurrences in the amount of at least $1 million per occurrence with
				  an annual aggregate of at least $2 million, exclusive of legal defense costs.
				  This liability coverage may be demonstrated as specified in subsections (a)(1)
				  through (7) of this section.
(1) An owner or
				  operator may demonstrate the required liability coverage by having liability
				  insurance as specified in this subsection.
(A)
				  At a minimum, the insurer shall be:
1. an
				  admitted carrier, licensed to transact the business of insurance in California;
				  or
2. a nonadmitted carrier
				  eligible to provide insurance as an excess or surplus lines insurer in
				  California. Any excess or surplus insurance relied upon by the owner or
				  operator to meet the requirements of this subsection shall be underwritten by a
				  surplus lines insurer that is on the California Department of Insurance's List
				  of Approved Surplus Line Insurers as being eligible to cover risks in
				  California, or the Quarterly Listing of Alien Insurers maintained by the
				  International Insurers Department of the National Association of Insurance
				  Commissioners and is licensed as an insurer in its domiciliary
				  jurisdiction.
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 8 - Financial Requirements › Section 66264.148 - Incapacity of Owners or Operators, Guarantors, or Financial Institutions

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) An owner or
				  operator shall notify the Department by certified mail of the commencement of a
				  voluntary or involuntary proceeding under Title 11 (Bankruptcy), U.S. Code,
				  naming the owner or operator as debtor, within 10 days after commencement of
				  the proceeding. A guarantor of a corporate guarantee as specified in section
				  66264.143(f) and
				  section 66264.145(f)
				  shall make such a notification if named as debtor, as required under the terms
				  of the corporate guarantee (section
				  66264.151(h)).
(b) An owner or operator who fulfills the
				  financial assurance or liability coverage requirements by obtaining a trust
				  fund, surety bond, letter of credit, or insurance policy shall be deemed to be
				  without the required financial assurance or liability coverage in the event of
				  bankruptcy of the trustee or issuing institution, or a suspension or revocation
				  of the authority of the trustee institution to act as trustee or of the
				  institution issuing the surety bond, letter of credit, or insurance policy to
				  issue such instruments. The owner or operator shall establish other financial
				  assurance or liability coverage within 60 days after such an event.
1. New
					 section filed 5-24-91; operative 7-1-91 (Register 91, No.
					 22).
Note: Authority cited: Sections
						208,
						25150,
						25159,
						25159.5
						and
						25245,
						Health and Safety Code. Reference: Section
						25245,
						Health and Safety Code; 40
						CFR Section
						264.148.
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 8 - Financial Requirements › Section 66264.151 - Wording of the Instruments

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
(1) A trust agreement for a trust fund, as
				  specified in section
				  66264.143, subsection (a) or
				  section 66264.145, subsection (a) or
				  section 66265.143, subsection (a) or
				  section 66265.145, subsection (a) of this
				  division, shall be worded as follows, except that instructions in brackets are
				  to be replaced with the relevant information and the brackets deleted:
TRUST AGREEMENT
Trust Agreement, the "Agreement," entered into as of [date]
					 by and between [name of the owner or operator], a [name of State] [insert
					 "corporation," "partnership," "association," or "proprietorship"], the
					 "Grantor," and [name of corporate trustee], [insert "incorporated in the State
					 of [name of State]" or "a national bank"], the "Trustee."
WHEREAS, the Department of Toxic Substances Control (DTSC),
					 a department of the State of California, has established certain regulations
					 applicable to the Grantor, requiring that an owner or operator of a hazardous
					 waste management facility/transportable treatment unit (TTU) shall provide
					 assurance that funds will be available when needed for closure and/or
					 postclosure care of the facility/TTU,
WHEREAS, the Grantor has elected to establish a trust to
					 provide all or part of such financial assurance for the facilities/TTUs
					 identified herein,
WHEREAS, the Grantor, acting through its duly authorized
					 officers, has selected the Trustee to be the trustee under this agreement, and
					 the Trustee is willing to act as trustee,
NOW, THEREFORE, the Grantor and the Trustee agree as
					 follows:
Section 1.
Definitions
. As used in this Agreement:
(a) The term "Grantor" means the owner or
				  operator who enters into this Agreement and any successor or assigns of the
				  Grantor.
(b) The term "Trustee"
				  means the Trustee who enters into this Agreement and any successor
				  Trustee.
(c) The term "Beneficiary"
				  means the State of California, Department of Toxic Substances
				  Control.
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 9 - Use and Management of Containers › Section 66264.170 - Applicability

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The regulations in this article apply to owners and
					 operators of all hazardous waste facilities that transfer or store containers
					 of hazardous waste, except as section
					 66264.1 provides
					 otherwise.
1. New
					 section filed 5-24-91; operative 7-1-91 (Register 91, No.
					 22).
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
						264.170.
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 9 - Use and Management of Containers › Section 66264.171 - Use and Management of Containers

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
If a container holding hazardous waste is not in good
					 condition (e.g., severe rusting, apparent structural defects) or if it begins
					 to leak, the owner or operator shall transfer the hazardous waste from this
					 container to a container that is in good condition or manage the waste in some
					 other way that complies with the requirements of this
					 chapter.
1. New
					 section filed 5-24-91; operative 7-1-91 (Register 91, No.
					 22).
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
						264.171.
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 9 - Use and Management of Containers › Section 66264.172 - Compatibility of Waste with Containers

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The owner or operator shall use a container made of or
					 lined with materials which will not react with, and are otherwise compatible
					 with, the hazardous waste to be transferred or stored, so that the ability of
					 the container to contain the waste is not impaired.
1. New
					 section filed 5-24-91; operative 7-1-91 (Register 91, No.
					 22).
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
						264.172.
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 9 - Use and Management of Containers › Section 66264.173 - Management of Containers

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) A container holding hazardous waste shall
				  always be closed during transfer and storage, except when it is necessary to
				  add or remove waste.
(b) A
				  container holding hazardous waste shall not be opened, handled, transferred or
				  stored in a manner which may rupture the container or cause it to leak. Reuse
				  of containers for transportation shall comply with the requirements of the U.S.
				  Department of Transportation regulations including those set forth in
				  49 CFR section
				  173.28.
1. New
					 section filed 5-24-91; operative 7-1-91 (Register 91, No.
					 22).
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
						264.173.
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 9 - Use and Management of Containers › Section 66264.174 - Inspections

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
At least weekly, the owner or operator shall inspect areas
					 used for container storage or transfer, looking for leaking containers and for
					 deterioration of containers and the containment system caused by corrosion or
					 other factors.
1. New
					 section filed 5-24-91; operative 7-1-91 (Register 91, No.
					 22).
Note: Authority cited: Sections
						208,
						25150
						and
						25159,
						Health and Safety Code. Reference: Sections
						25159
						and
						25195.5,
						Health and Safety Code; 40
						CFR Section
						264.174.
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 9 - Use and Management of Containers › Section 66264.175 - Containment

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Container
				  transfer and storage areas shall have a containment system that is designed and
				  operated in accordance with subsection (b) of this section.
(b) A containment system shall be designed
				  and operated as follows:
(1) a base shall
				  underlie the containers which is free of cracks or gaps and is sufficiently
				  impervious to contain leaks, spills, and accumulated precipitation until the
				  collected material is detected and removed;
(2) the base shall be sloped or the
				  containment system shall be otherwise designed and operated to drain and remove
				  liquids resulting from leaks, spills, or precipitation, unless the containers
				  are elevated or are otherwise protected from contact with accumulated
				  liquids;
(3) the containment system
				  shall have sufficient capacity to contain precipitation from at least a
				  24-hour, 25-year storm plus 10 % of the aggregate volume of all containers or
				  the volume of the largest container, whichever is greater. Containers that do
				  not contain free liquids need not be considered in this
				  determination;
(4) run-on into the
				  containment system shall be prevented unless the collection system has
				  sufficient excess capacity in addition to that required in subsection (b)(3) of
				  this section to contain any run-on which might enter the system; and
(5) spilled or leaked waste and accumulated
				  precipitation shall be removed from the sump or collection area in as timely a
				  manner as is necessary to prevent overflow of the collection system. If the
				  collected material is a hazardous waste under chapter 11 of this division, it
				  shall be managed as a hazardous waste in accordance with all applicable
				  requirements of chapters 12 through 16 of this division. If the collected
				  material is discharged through a point source to waters of the United States,
				  it is subject to the requirements of section
				  402 of the Federal Clean Water
				  Act, as amended (33 U.S.C.
				  section 1342).
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 9 - Use and Management of Containers › Section 66264.176 - Special Requirements for Ignitable or Reactive Waste

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Containers holding ignitable or reactive waste shall be
					 located at least 15 meters (50 feet) from the facility's property
					 line.
1. New
					 section filed 5-24-91; operative 7-1-91 (Register 91, No.
					 22).
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
						264.176.
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 9 - Use and Management of Containers › Section 66264.177 - Special Requirements for Incompatible Wastes

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Incompatible wastes, or incompatible
				  wastes and materials (see Appendix V for examples), shall not be placed in the
				  same container, unless section
				  66264.17(b) is
				  complied with.
(b) Hazardous waste
				  shall not be placed in an unwashed container that previously held an
				  incompatible waste or material.
(c)
				  A container holding a hazardous waste that is incompatible with any waste or
				  other materials transferred or stored nearby in other containers, 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.
1. New
					 section filed 5-24-91; operative 7-1-91 (Register 91, No.
					 22).
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
						264.177.
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 9 - Use and Management of Containers › Section 66264.178 - Closure

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
At closure, all hazardous waste and hazardous waste
					 residues shall be removed from the containment system. Remaining containers,
					 liners, bases, and soil containing or contaminated with hazardous waste or
					 hazardous waste residues shall be decontaminated or removed. At closure, as
					 throughout the operating period, unless the owner or operator can demonstrate
					 in accordance with section
					 66261.3(e) of
					 this division that the solid waste removed from the containment system is not a
					 hazardous waste, the owner or operator becomes a generator of hazardous waste
					 and shall manage it in accordance with all applicable requirements of chapters
					 12 through 16 of this division.
1. New
					 section filed 5-24-91; operative 7-1-91 (Register 91, No.
					 22).
Note: Authority cited: Sections
						208,
						25150
						and
						25159,
						Health and Safety Code. Reference: Sections
						25159,
						25159.5
						and
						25245,
						Health and Safety Code; 40
						CFR Section
						264.178.
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 9 - Use and Management of Containers › Section 66264.179 - Air Emission Standards

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The owner or operator shall manage all hazardous waste
					 placed in a container in accordance with the applicable requirements of
					 Articles 27, 28, and 28.5 of this Chapter.
1. Change
					 without regulatory effect adding new section filed 6-11-99 pursuant to Health
					 and Safety Code section
					 25159.1
					 (Register 99, No. 24).
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
						264.179.
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 10 - Tank Systems › Section 66264.190 - Applicability

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The requirements of this article apply to owners and
					 operators of facilities that use tank systems for transferring, storing or
					 treating hazardous waste except as otherwise provided in subsections (a), (b)
					 and (c) of this section or in section
					 66264.1 of this chapter.
(a) Tank systems that are used to transfer,
				  store or treat hazardous waste which contains no free liquids and are situated
				  inside a building with an impermeable floor are exempted from the requirements
				  in section
				  66264.193. To demonstrate the
				  absence or presence of free liquids in the transferred/stored/treated waste,
				  EPA Method 9095 (Paint Filter Liquids Test) as described in "Test Methods for
				  Evaluating Solid Wastes, Physical/Chemical Methods" (EPA Publication No. SW-846
				  Third Edition and Updates, (incorporated by reference in section
				  66260.11 of this chapter) shall be
				  used.
(b) Tank systems, including
				  sumps, as defined in section
				  66260.10, that serve as part of a
				  secondary containment system to collect or contain releases of hazardous wastes
				  are exempted from the requirements in section
				  66264.193(a) of
				  this article.
(c) Tanks, sumps, and
				  other such collection devices or systems used in conjunction with drip pads, as
				  defined in 66260.10 of this chapter and regulated under Chapter 14, Article
				  15.7, shall meet the requirements of this article.
1. New
					 section filed 5-24-91; operative 7-1-91 (Register 91, No. 22).
2.
					 Amendment of first paragraph, new subsection (c) and amendment of NOTE filed
					 7-29-94; operative 8-29-94 (Register 94, No. 30).
3. Amendment of
					 subsection (c) and NOTE filed 7-24-97; operative 7-24-97 pursuant to Government
					 Code section
					 11343.4(d)
					 (Register 97, No. 30).
4. Amendment of subsection (a) and NOTE filed
					 10-13-98; operative 11-12-98 (Register 98, No.
					 42).
Note: Authority cited: Sections
						25150,
						25159,
						58004
						and
						58012,
						Health and Safety Code. Reference: Sections
						25150,
						25159
						and
						25159.5,
						Health and Safety Code; 40
						CFR Section
						264.190.
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 10 - Tank Systems › Section 66264.193 - Containment and Detection of Releases

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) In order to prevent the release of
				  hazardous waste or hazardous constituents to the environment, secondary
				  containment that meets the requirements of this section shall be provided
				  (except as provided in subsections (f) and (g) of this section):
(1) for all new tank systems or components,
				  prior to the tank system or component being put into service.
(2) for all existing tank systems.
(3) for tank systems that transfer, store or
				  treat materials that subsequently become hazardous wastes within two years
				  after the materials become hazardous waste unless the owner or operator
				  complies with section 262.16(b)(3) and is one of the following:
(A) the owner or operator is a very small
				  quantity generator or a small quantity generator as defined in 66260.10 of this
				  division, or
(B) the owner or
				  operator is not subject to regulation in 40 CFR part 264 pursuant to an
				  exemption in 40 CFR section
				  264.1, but the owner or operator is subject
				  to the standards of this article.
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 10 - Tank Systems › Section 66264.194 - General Operating Requirements

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Hazardous wastes or other materials
				  (e.g., treatment reagents) shall not be placed in a tank system if they could
				  cause the tank, its ancillary equipment or the containment system to rupture,
				  leak, corrode, or otherwise fail.
(b) The owner or operator shall use
				  appropriate controls and practices to prevent spills and overflows from tank or
				  containment systems. These include at a minimum:
(1) spill prevention controls (e.g., check
				  valves, dry disconnect couplings);
(2) overfill prevention controls (e.g., level
				  sensing devices, high level alarms, automatic feed cutoff, or bypass to a
				  standby tank); and
(3) maintenance
				  of sufficient freeboard in uncovered tanks to prevent overtopping by wave or
				  wind action or by precipitation from at least a 24-hour, 25-year
				  storm.
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 10 - Tank Systems › Section 66264.195 - Inspections

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The owner or
				  operator shall develop and follow a schedule and procedure for inspecting
				  overfill controls and shall inspect the overfill controls at least once each
				  operating day to ensure that they are in good working order.
(b) The owner or operator shall inspect at
				  least once each operating day:
(1)
				  aboveground portions of the tank system, if any, to detect corrosion or
				  releases of waste;
(2) data
				  gathered from monitoring and leak detection equipment (e.g., pressure or
				  temperature gauges, monitoring wells) to ensure that the tank system is being
				  operated according to its design; and
(3) the construction materials and the area
				  immediately surrounding the externally accessible portion of the tank system,
				  including the secondary containment system (e.g., dikes) to detect corrosion,
				  erosion or signs of releases of hazardous waste (e.g., wet spots, dead
				  vegetation);
(4) for uncovered
				  tanks, the level of waste in the tank, to ensure compliance with section
				  66264.194(b)(3).