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 6 - Water Quality Monitoring and Response Programs for Permitted Facilities › Section 66264.101 - Corrective Action for Waste Management Units

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The owner or operator of a facility
				  seeking a permit for the transfer, treatment, storage, or disposal of hazardous
				  waste shall institute corrective action as necessary to protect human health
				  and the environment for all releases of hazardous waste or constituents from
				  any solid or hazardous waste management unit at the facility, regardless of the
				  time at which waste was placed in such unit.
(b) The owner or operator shall provide a
				  financial assurance mechanism for corrective action to the Department within 90
				  days of the Department's approval of a corrective measures implementation
				  workplan or a Department-approved equivalent. The financial assurance mechanism
				  must consist of one of the options specified in section
				  66264.143. The owner or operator
				  shall establish the financial assurance mechanism to allow the Department
				  access to the funds to undertake corrective measures implementation tasks if
				  the owner or operator is unable or unwilling to undertake the required tasks.
				  If the owner or operator proposes to use the financial test or corporate
				  guarantee as the financial assurance mechanism for corrective action, the owner
				  or operator shall also establish a process that allows the Department access to
				  the funds to undertake corrective measures implementation tasks if the
				  department determines that the owner or operator is unable or unwilling to
				  undertake the required tasks. Any financial assurance mechanism or process
				  proposed by the owner or operator shall be subject to the Department's
				  approval.
(c) Corrective action
				  must be specified in the permit, order, or agreement for corrective action
				  issued or entered into by the Department in accordance with this article,
				  article 15.5, or article 17, and Health and Safety Code sections
				  25200.10,
				  25187,
				  25200.14,
				  or
				  25358.9
				  where as provided for under the provisions of that section the Department has
				  excluded the removal or remedial action at a site from the hazardous waste
				  facilities permit required by Health and Safety Code section
				  25201.
				  The permit, order, or agreement must contain schedules of compliance for such
				  corrective action (where such corrective action cannot be completed prior to
				  issuance of the permit) and assurances of financial responsibility for
				  completing such corrective action.
(d) Where necessary to protect human health
				  or the environment, the owner or operator shall implement corrective action
				  beyond the facility boundary unless the owner or operator demonstrates to the
				  satisfaction of the Department, that despite the owner's or operator's best
				  efforts, the owner or operator was unable to obtain the necessary permission to
				  undertake such action. The owner or operator is not relieved of responsibility
				  to clean up a release that has migrated beyond the facility boundary where
				  off-site access is denied. On-site measures to address such release will be
				  determined on a case-by-case basis. Assurance of financial responsibility for
				  such corrective action shall be provided.
1. New
					 section filed 12-23-93 as an emergency; operative 12-23-93 (Register 93, No.
					 52). A Certificate of Compliance must be transmitted to OAL by 5-9-94 or
					 emergency language will be repealed by operation of law on the following
					 day.
2. New section refiled 4-25-94 as an emergency; operative
					 4-25-94 (Register 94, No. 17). A Certificate of Compliance must be transmitted
					 to OAL by 8-23-94 or emergency language will be repealed by operation of law on
					 the following day.
3. New section refiled 8-22-94 as an emergency;
					 operative 8-22-94 (Register 94, No. 34). A Certificate of Compliance must be
					 transmitted to OAL by 12-20-94 or emergency language will be repealed by
					 operation of law on the following day.
4. New section refiled
					 12-22-94 as an emergency, including amendment of subsection (b) and (c) and
					 NOTE; operative 12-22-94 (Register 94, No. 51). A Certificate of Compliance
					 must be transmitted to OAL 4-21-95 or emergency language will be repealed by
					 operation of law on the following day.
5. New section refiled
					 6-29-95 as an emergency; operative 6-29-95 (Register 95, No. 26). A Certificate
					 of Compliance must be transmitted to OAL by 10-27-95 or emergency language will
					 be repealed by operation of law on the following day.
6. New
					 section, including amendment of NOTE, refiled 10-26-95 as an emergency;
					 operative 10-26-95 (Register 95, No. 43). A Certificate of Compliance must be
					 transmitted to OAL by 2-23-96 or emergency language will be repealed by
					 operation of law on the following day.
7. Certificate of Compliance
					 as to 10-26-95 order transmitted to OAL 11-30-95 and filed 1-16-96 (Register
					 96, No. 3).
8. Amendment of subsections (a) and (b), repealer of
					 subsection (c) and amendment of NOTE filed 11-19-98 as an emergency; operative
					 11-19-98 (Register 98, No. 47). A Certificate of Compliance must be transmitted
					 to OAL by 3-19-99 or emergency language will be repealed by operation of law on
					 the following day.
9. Reinstatement of subsections (a)-(c) and NOTE
					 as they existed prior to 11-19-98 emergency amendment by operation of
					 Government Code section
					 11346.1(f)
					 (Register 99, No. 12).
10. Amendment of section and NOTE filed
					 10-24-2018; operative 1-1-2019 (Register 2018, No.
					 43).
Note: Authority cited: Sections
						25150,
						25159,
						25187,
						25200.10,
						25200.21,
						25245,
						25355.5,
						25356.9,
						25358.3,
						25358.9,
						58004
						and
						58012,
						Health and Safety Code. Reference: Sections
						25150,
						25159.5,
						25187,
						25200,
						25200.10,
						25355.5,
						25356.9,
						25358.3
						and
						25358.9,
						Health and Safety Code; 40
						CFR Section
						264.101.