California Code of Regulations › Title 22 - Social Security › Division 4.5 - Environmental Health Standards for the Management of Hazardous Waste › Chapter 15 - Interim Status Standards for Owners and Operators of Hazardous Waste Transfer, Treatment, Storage, and Disposal Facilities › Article 13 - Land Treatment › Section 66265.272 - General Operating Requirements

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Hazardous waste shall not be placed in or
				  on a land treatment facility unless the waste can be made less hazardous or
				  nonhazardous by degradation, transformation, or immobilization processes
				  occurring in or on the soil.
(b)
				  The owner or operator shall design, construct, operate, and maintain a run-on
				  control system capable of preventing flow onto the active portions of the
				  facility during peak discharge from at least a 25-year storm.
(c) The owner or operator shall design,
				  construct, operate, and maintain a run-off management system capable of
				  collecting, controlling and managing a water volume at least equivalent to a
				  24-hour, 25-year storm.
(d)
				  Collection and holding facilities (e.g., tanks or basins) associated with
				  run-on and run-off control systems shall be emptied or otherwise managed
				  expeditiously after storms to maintain design capacity of the system.
(e) If the treatment zone contains
				  particulate matter which may be subject to wind dispersal, the owner or
				  operator shall manage the unit to control wind dispersal.
(f)
(1)
				  Unless granted a variance pursuant to subsection (f)(2) of this section, or
				  exempted pursuant to subsection (h) of this section, every new land treatment
				  unit at a new or existing facility, every land treatment unit which replaces an
				  existing land treatment unit, and every laterally expanded portion of an
				  existing land treatment unit is required to be equipped with two or more liners
				  and a leachate collection system meeting the requirements established in
				  section 66264.301(c) for
				  new landfills.
(2) The Department
				  shall grant a variance from the requirements of subsection (f)(1) or subsection
				  (9) of this section if the owner or operator demonstrates to the Department and
				  the Department finds all of the following:
(A)
				  the land treatment unit was an existing land treatment unit as of January 1,
				  1988, and no hazardous constituents identified in Appendix VIII to chapter 11
				  of this division have migrated from the treatment zone of the land treatment
				  unit into the vadose zone or into the waters of the State, and no other
				  hazardous constituents have migrated from the land treatment unit into the
				  vadose zone or into the waters of the State in concentrations which pollute or
				  threaten to pollute the vadose zone or the waters of the State. In making this
				  demonstration the owner or operator shall take a sufficient number of core
				  samples in, beneath and surrounding the treatment zone of the land treatment
				  unit to characterize the chemical constituents in the treatment zone, in the
				  immediate area of the vadose zone surrounding the treatment zone, and in the
				  area of the vadose zone beneath the treatment zone and shall submit ground
				  water monitoring data sufficient in scope to demonstrate that there has been no
				  migration of hazardous constituents in the vadose zone or into the waters of
				  the State. The owner or operator, as an alternative to taking these core
				  samples, may use the data obtained from any land treatment demonstration
				  required by the department pursuant to section
				  66264.272 if the data were
				  obtained not more than two years prior to the application for the variance and
				  were sufficient in scope to demonstrate that there has been no migration of
				  hazardous constituents into the vadose zone or into the waters of the
				  state;
(B) notwithstanding the date
				  that the land treatment unit commenced operations, the design and operating
				  practices will prevent the migration of hazardous constituents identified in
				  Appendix VIII to chapter 11 of this division from the treatment zone of the
				  land treatment unit into the vadose zone or into the waters of the state and no
				  other hazardous constituents have migrated from the land treatment unit into
				  the vadose zone or into the waters of the state in concentrations which pollute
				  or threaten to pollute the vadose zone or the waters of the state;
(C) notwithstanding the date that the land
				  treatment unit commenced operations, the design and operating practices provide
				  for rapid detection and removal or remediation of any hazardous constituents
				  that migrate from the treatment zone of the land treatment unit into the vadose
				  zone or the waters of the state in concentrations that pollute or threaten to
				  pollute the vadose zone or the waters of the state.
(3)
(A) The
				  Department shall renew a variance only in those cases where an owner or
				  operator demonstrates to the Department and the Department finds, both of the
				  following:
1. no hazardous constituents have
				  migrated from the treatment zone of the land treatment unit into the vadose
				  zone or into the waters of the state in concentrations which pollute or
				  threaten to pollute the vadose zone or the waters of the state;
2. continuing the operation of the land
				  treatment unit does not pose a significant threat of hazardous constituents
				  migrating from the land treatment unit into the vadose zone or into the waters
				  of the state in concentrations which pollute or threaten to pollute the vadose
				  zone or the waters of the state.
(B) In making the demonstration for the
				  renewal of a variance pursuant to this subsection, the owner or operator may
				  use field tests, laboratory analysis, or operating data.
(4) A variance or a renewal of a variance may
				  be issued for a period not to exceed three years.
(5) Neither the requirements of this section
				  nor the variance provisions of subsection (f)(2) shall relieve the owner or
				  operator from responsibility to comply with all other existing laws and
				  regulations pertinent to land treatment units.