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 66264.196 - Response to Leaks or Spills and Disposition of Leaking or Unfit-for-Use Tank Systems

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) As
				  part of the contingency plan required under this chapter, the owner or operator
				  shall specify the procedures the facility intends to use to respond to tank
				  spills or leakage, including procedures and timing for expeditious removal of
				  leaked or spilled waste and repair of the tank.
(b) A tank system or secondary containment
				  system from which there has been a leak or spill, or which is unfit for use,
				  shall be removed from service immediately, and the owner or operator shall
				  satisfy the following requirements.
(1)
				  General emergency procedures. The owner or operator shall comply with
				  applicable requirements of section
				  66264.56 of this
				  division.
(2) Cessation of use;
				  prevention of flow or addition of wastes. The owner or operator shall
				  immediately stop the flow of hazardous waste into the tank system or secondary
				  containment system and inspect the system to determine the cause of the
				  release.
(3) Removal of waste from
				  tank system or secondary containment system.
(A) If the release was from the tank system,
				  the owner/operator shall, within 24 hours after detection of the leak or, if
				  the owner/operator demonstrates that it is not possible, at the earliest
				  practicable time, remove as much of the waste as is necessary to prevent
				  further release of hazardous waste to the environment and to allow inspection
				  and repair of the tank system to be performed.
(B) If the material released was to a
				  secondary containment system, all released materials shall be removed within as
				  timely a manner as is necessary to prevent overflow of the containment system,
				  but within no more than 24 hours, or in as timely a manner as is possible to
				  prevent harm to human health and the environment if the owner or operator
				  provides the demonstration required by section
				  66264.193(c)(4).
(4) Containment of visible releases to the
				  environment. The owner/operator shall immediately conduct a visual inspection
				  of the release and, based upon that inspection:
(A) prevent further migration of the leak or
				  spill to soils or surface water; and
(B) remove, and properly dispose of, any
				  visible contamination of the soil or surface water.
(5) Notifications, reports.
(A) Any release to the environment, except as
				  provided in subsection (b)(5)(B) of this section, shall be reported to the
				  Department within 24 hours of its detection.
(B) A leak or spill of hazardous waste is
				  exempted from the requirements of subsection (b)(5) of this section, but is not
				  exempt from the requirements of section
				  66264.56, if it is:
1. less than or equal to a quantity of one
				  (1) pound, and
2. immediately
				  contained and cleaned up.
(C) Within 30 days of detection of a release
				  to the environment, a report containing the following information shall be
				  submitted to the Department:
1. likely route
				  of migration of the release;
2.
				  characteristics of the surrounding soil (soil composition, geology,
				  hydrogeology, climate);
3. results
				  of any monitoring or sampling conducted in connection with the release (if
				  available). If sampling or monitoring data relating to the release are not
				  available within 30 days, these data shall be submitted to the Department as
				  soon as they become available;
4.
				  proximity to downgradient drinking water, surface water, and populated areas;
				  and
5. description of response
				  actions taken or planned.
(6) Provision of secondary containment,
				  repair, or closure.
(A) Unless the
				  owner/operator satisfies the requirements of subsections (b)(6)(B) through (D)
				  of this section, the tank system shall be closed in accordance with section
				  66264.197.
(B) If the cause of the release was a spill
				  that has not damaged the integrity of the system, the owner/operator may return
				  the system to service as soon as the released waste is removed and repairs, if
				  necessary, are made.
(C) If the
				  cause of the release was a leak from the primary tank system into the secondary
				  containment system, the system shall be repaired prior to returning the tank
				  system to service.
(D) If the
				  source of the release was a leak to the environment from a component of a tank
				  system without secondary containment, the owner/operator shall provide the
				  component of the system from which the leak occurred with secondary containment
				  that satisfies the requirements of section
				  66264.193 before it can be
				  returned to service, unless the source of the leak is an aboveground portion of
				  a tank system that can be inspected visually. If the source is an aboveground
				  component that can be inspected visually, the component shall be repaired and
				  may be returned to service without secondary containment as long as the
				  requirements of subsection (b)(7) of this section are satisfied. If a component
				  is replaced to comply with the requirements of this subsection, that component
				  shall satisfy the requirements for new tank systems or components in sections
				  66264.192 and
				  66264.193. Additionally, if a leak
				  has occurred in any portion of a tank system component that is not readily
				  accessible for visual inspection (e.g., the bottom of an inground or onground
				  tank), the entire component shall be provided with secondary containment in
				  accordance with section
				  66264.193 prior to being returned
				  to use.
(7) Certification
				  of major repairs. If the owner/operator has repaired a tank system in
				  accordance with subsection (b)(6) of this section, and the repair has been
				  extensive (e.g., installation of an internal liner; repair of a ruptured
				  primary containment or secondary containment vessel), the tank system shall not
				  be returned to service unless the owner/operator has obtained a certification
				  by an independent, qualified, professional engineer, registered in California,
				  in accordance with section
				  66270.11(d), that
				  the repaired system is capable of handling hazardous wastes without release for
				  the intended life of the system. This certification shall be submitted to the
				  Department within seven days after returning the tank system to
				  use.