California Code of Regulations › Title 22 - Social Security › Division 4.5 - Environmental Health Standards for the Management of Hazardous Waste › Chapter 40 - Selection and Ranking Criteria for Hazardous Waste Sites Requiring Remedial Action › Section 67401.8 - Engineering Design

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				Pursuant to H&SC Section
				25398.14 (as it read on June 26,
				2012), upon completion of an engineering design to implement an approved
				remedial action plan, the responsible person for the site shall submit the
				engineering design to the Department for approval. The Department shall
				approve, modify, request information, or deny in writing the engineering design
				within 60 days from the date of receipt.
(b) The Department shall approve an
				engineering design if the Department determines that the engineering design is
				consistent with the selected remedial alternative outlined in the approved
				Remedial Action Plan (RAP). If the engineering design is consistent with the
				technical and operational plans in the approved RAP and there is compliance
				with all federal, state, and local statutes, regulations, and ordinances then
				the Department will grant an approval.
(c) The Department shall request that the
				responsible person modify the engineering design if the Department determines
				that the engineering design does not contain sufficient information necessary
				to ensure that the engineering design is consistent with the approved remedial
				alternative selected in the RAP and compliance with all federal, state, and
				local statutes, regulations, and ordinances. The Department shall identify in
				writing deficiencies that must be addressed in the engineering design. A
				responsible person shall not implement the response action until the
				responsible person has made the modifications to the engineering design
				required by the Department.
(d) The
				Department shall not approve an engineering design if the Department determines
				that the engineering design is inconsistent with the selected remedial
				alternative outlined in the approved RAP.
(e) Any responsible person whose engineering
				design has been disapproved may request a meeting with the Department to
				discuss the reasons for the disapproval.
1. New section
				  filed 6-30-95 as an emergency; operative 6-30-95 (Register 95, No. 26). A
				  Certificate of Compliance must be transmitted to OAL by 12-27-95 or emergency
				  language will be repealed by operation of law on the following
				  day.
2. New section, including newly designated subsection (a)(2)
				  and subsection renumbering, refiled 12-26-95 as an emergency; operative
				  12-26-95 (Register 95, No. 52). A Certificate of Compliance must be transmitted
				  to OAL by 4-24-96 or emergency language will be repealed by operation of law on
				  the following day.
3. New section refiled 4-24-96 as an emergency;
				  operative 4-24-96 (Register 96, No. 17). A Certificate of Compliance must be
				  transmitted to OAL by 8-22-96 or emergency language will be repealed by
				  operation of law on the following day.
4. Repealed by operation of
				  Government Code section
				  11346.1(g)
				  (Register 96, No. 35).
5. New section filed 8-26-96 as an emergency;
				  operative 8-26-96 (Register 96, No. 35). A Certificate of Compliance must be
				  transmitted to OAL by 12-24-96 or emergency language will be repealed by
				  operation of law on the following day.
6. Certificate of Compliance
				  as to 8-26-96 order, including repealer and new section, transmitted to OAL
				  10-30-96 and filed 12-10-96 (Register 96, No. 50).
7. Change without
				  regulatory effect amending subsection (a) and NOTE filed 1-7-2013 pursuant to
				  section 100, title 1, California Code of
				  Regulations (Register 2013, No. 2).
Note: Authority cited: Stats. 1994, c. 435 (S.B. 923),
					 Section 3; and Section
					 25396,
					 Health and Safety Code. Reference: Section
					 25396,
					 Health and Safety Code.