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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 6 - Water Quality Monitoring and Response Programs for Interim Status Facilities › Section 66265.98 - Detection Monitoring Program

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) An owner or operator required, pursuant
				  to section
				  66265.91 of this article, to
				  establish a detection monitoring program for a regulated unit shall, at a
				  minimum, comply with the requirements of this section for that unit.
(b) The owner or operator shall install water
				  quality monitoring systems that are appropriate for detection monitoring and
				  that comply with the provisions of section
				  66265.97 of this
				  article.
(c) The owner or operator
				  shall establish a background value pursuant to section
				  66265.97(e)(11)
				  for each monitoring parameter specified under subsection (e) of this section
				  and for each constituent of concern specified under section
				  66265.97(e)(11)
				  of this article 66265.93.
(d) The
				  owner or operator shall specify the water quality protection standard under
				  section 66265.92 in the water quality
				  sampling and analysis plan.
(e) The
				  owner or operator shall specify in the water quality sampling plan a list of
				  monitoring parameters for each medium (groundwater, surface water and the
				  unsaturated zone) to be monitored pursuant to section
				  66265.97. The list for each medium
				  shall include those physical parameters, hazardous constituents, waste
				  constituents and reaction products that provide a reliable indication of a
				  release from the regulated unit to that medium. The owner or operator shall
				  specify each list of monitoring parameters in the water quality sampling and
				  analysis plan after considering the following factors:
(1) the types, quantities and concentrations
				  of constituents in wastes managed at the regulated unit;
(2) the expected or demonstrated correlation
				  between the proposed monitoring parameters and the constituents of concern
				  specified for the unit under section
				  66265.93;
(3) the mobility, stability and persistence
				  of waste constituents or their reaction products;
(4) the detectability of physical parameters,
				  waste constituents and reaction products;
(5) the background values and the
				  coefficients of variation of proposed monitoring parameters in groundwater,
				  surface water and the unsaturated zone; and
(6) the list of suggested detection
				  monitoring analytes presented in Appendix VI of this
				  chapter.
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 6 - Water Quality Monitoring and Response Programs for Interim Status Facilities › Section 66265.99 - Evaluation Monitoring Program

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) An owner or operator required pursuant to
				  section 66265.91 to establish an
				  evaluation monitoring program for a regulated unit shall, at a minimum, comply
				  with the requirements of this section for that unit. The evaluation monitoring
				  program shall be used to assess the nature and extent of the release from the
				  regulated unit and to design a corrective action program meeting the
				  requirements of section
				  66264.100 of article 6 of chapter
				  14.
(b) The owner or operator shall
				  collect and analyze all data necessary to assess the nature and extent of the
				  release from the regulated unit. This assessment shall include a determination
				  of the rate of migration of hazardous constituents and the spatial distribution
				  and concentration of each constituent of concern throughout the zone affected
				  by the release. The owner or operator shall complete this assessment as soon as
				  technically feasible and, with 15 days of completion, shall submit to the
				  Department a written report containing an assessment of environmental
				  quality.
(c) Based on the data
				  collected pursuant to subsections (b) and (e) of this section, the owner or
				  operator shall update the engineering feasibility study required under section
				  66265.98 (
l
)(6).
				  The owner or operator shall submit this engineering feasibility study to the
				  Department as soon as technically feasible.
(d) The owner or operator of any facility
				  required to obtain a permit shall use the data collected pursuant to subsection
				  (b) of this section and the engineering feasibility study submitted pursuant to
				  subsection (c) of this section, to prepare Part B of the permit application
				  under section
				  66270.14 of chapter 20 or to
				  update Part B of the permit application if Part B has been previously
				  submitted. At a minimum, the application shall include the following
				  information:
(1) a detailed assessment of the
				  nature and extent of the release from the regulated unit;
(2) a proposed water quality protection
				  standard including any proposed concentration limits greater than background
				  under section
				  66264.94(c), and
				  all data necessary to justify each such limit;
(3) a detailed description of proposed
				  corrective action measures that will be taken to achieve compliance with the
				  water quality protection standard proposed for a corrective action program;
				  and
(4) a plan for a water quality
				  monitoring program that will demonstrate the effectiveness of the proposed
				  corrective action.
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 6 - Water Quality Monitoring and Response Programs for Interim Status Facilities › Section 66265.101 - Corrective Action for Interim Status Waste Management Units. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. New
					 section 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.
2. Repealed by operation of Government Code section
					 11346.1(g)
					 (Register 99, No. 12).
Note: Authority cited: Sections
						25150
						and
						58012,
						Health and Safety Code. Reference: Sections
						25187,
						25200.10,
						25200.14,
						58009
						and
						58010,
						Health and Safety Code.
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 7 - Closure and Post-Closure › Section 66265.110 - Applicability

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Except as section
					 66265.1 provides otherwise:
(a) sections
				  66265.111 through
				  66265.115 (which concern closure)
				  apply to the owners and operators of all hazardous waste management facilities;
				  and
(b) sections
				  66265.116 through
				  66265.120 (which concern
				  post-closure care) apply to the owners and operators of:
(1) all hazardous waste disposal
				  facilities;
(2) waste piles and
				  surface impoundments for which the owner or operator intends to remove the
				  waste at closure to the extent that these sections are made applicable to such
				  facilities in section
				  66265.228 or section
				  66265.258;
(3) tank systems that are required under
				  section 66265.197 to meet requirements for
				  landfills; and
(4) containment
				  buildings that are required under section
				  66265.1102 to meet the requirement
				  for landfills.
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 7 - Closure and Post-Closure › Section 66265.111 - Closure Performance Standard

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The owner or operator shall close the facility in a manner
					 that:
(a) minimizes the need for
				  further maintenance, and
(b)
				  controls, minimizes or eliminates, to the extent necessary to protect human
				  health and the environment, post-closure escape of hazardous waste, hazardous
				  constituents, leachate, contaminated rainfall or run-off, or waste
				  decomposition products to the ground or surface waters or to the atmosphere,
				  and
(c) complies with the closure
				  requirements of this chapter including, but not limited to, the requirements of
				  sections 66265.197,
				  66265.228,
				  66265.258,
				  66265.280,
				  66265.310,
				  66265.351,
				  66265.381,
				  66265.404, and
				  66265.1102.
1. New
					 section filed 5-24-91; operative 7-1-91 (Register 91, No. 22).
2.
					 Amendment of subsection (c) and NOTE filed 10-24-94 as an emergency; operative
					 10-24-94 (Register 94, No. 43). A Certificate of Compliance must be transmitted
					 to OAL by 2-20-95 or emergency language will be repealed by operation of law on
					 the following day.
3. Amendment of subsection (c) and NOTE refiled
					 2-21-95 as an emergency; operative 2-21-95 (Register 95, No. 8). A Certificate
					 of Compliance must be transmitted to OAL by 6-21-95 or emergency language will
					 be repealed by operation of law on the following day.
4. Amendment
					 of subsection (c) and NOTE refiled 6-19-95 as an emergency; operative 6-19-95
					 (Register 95, No. 25). A Certificate of Compliance must be transmitted to OAL
					 by 10-17-95 or emergency language will be repealed by operation of law on the
					 following day.
5. Amendment of subsection (c) and NOTE refiled
					 10-16-95 as an emergency; operative 10-16-95 (Register 95, No. 42). A
					 Certificate of Compliance must be transmitted to OAL by 2-13-96 or emergency
					 language will be repealed by operation of law on the following
					 day.
6. Editorial correction of HISTORY 5 (Register 96, No.
					 5).
7. Certificate of Compliance as to 10-24-94 order transmitted to
					 OAL 12-15-95 and filed 1-31-95 (Register 96, No.
					 5).
Note: Authority cited: Sections
						25150,
						25159,
						25159.5,
						25179.6,
						25245
						and
						58012,
						Health and Safety Code. Reference: Sections
						25159,
						25159.5,
						25245
						and
						58012,
						Health and Safety Code; 40
						CFR Section
						265.111.
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 7 - Closure and Post-Closure › Section 66265.113 - Closure; Time Allowed for Closure

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Within 90 days after receiving the final
				  volume of hazardous wastes, or the final volume of non-hazardous wastes if the
				  owner or operator complies with all applicable requirements in subsections (d)
				  and (e) of this section, at a hazardous waste management unit or facility, or
				  within 90 days after approval of the closure plan, whichever is later, the
				  owner or operator shall treat, remove from the unit or facility, or dispose of
				  on-site, all hazardous wastes in accordance with the approved closure plan. The
				  Department may approve a longer period if the owner or operator demonstrates to
				  the satisfaction of the Department that:
(1)
(A) the activities required to comply with
				  this subsection will, of necessity, take longer than 90 days to complete;
				  or
(B)
1. the hazardous waste management unit or
				  facility has the capacity to receive additional hazardous wastes, or has the
				  capacity to receive non-hazardous wastes if the facility owner or operator
				  complies with subsections (d) and (e) of this section; and
2. there is a reasonable likelihood that a
				  person other than the owner or operator will recommence operation of the
				  hazardous waste management unit or the facility within one year; and
3. closure of the hazardous waste management
				  unit or facility would be incompatible with continued operation of the site;
				  and
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 7 - Closure and Post-Closure › Section 66265.114 - Disposal or Decontamination of Equipment, Structures and Soils

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
During the partial and final closure periods, all
					 contaminated equipment, structures and soil shall be properly disposed of, or
					 decontaminated by removing all hazardous waste and residues, unless specified
					 otherwise in sections
					 66265.197,
					 66265.228,
					 66265.258,
					 66265.280, or
					 66265.310. By removing all
					 hazardous wastes and residues or hazardous constituents during partial and
					 final closure, the owner or operator may become a generator of hazardous waste
					 and shall handle that hazardous waste in accordance with all applicable
					 requirements of chapter 12 of this division.
1. New
					 section filed 5-24-91; operative 7-1-91 (Register 91, No.
					 22).
Note: Authority cited: Sections
						208,
						25150,
						25159
						and
						25245,
						Health and Safety Code. Reference: Sections
						25159,
						25159.5,
						25245
						and
						25246,
						Health and Safety Code; 40
						CFR Section
						265.114.
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 7 - Closure and Post-Closure › Section 66265.115 - Certification of Closure

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Within 60 days of completion of closure of each hazardous
					 waste surface impoundment, waste pile, land treatment, and landfill unit, and
					 within 60 days of 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 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
					 66265.143, subsection
					 (i).
1. New
					 section filed 5-24-91; operative 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
						265.115.
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 7 - Closure and Post-Closure › Section 66265.116 - 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, an 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; operative 7-1-91 (Register 91, No.
					 22).
Note: Authority cited: Sections
						208,
						25150,
						25159
						and
						25245,
						Health and Safety Code. Reference: Sections
						25159,
						25159.5,
						25245
						and
						25246,
						Health and Safety Code; 40
						CFR Section
						265.116.
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 7 - Closure and Post-Closure › Section 66265.117 - 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
				  66265.117 through
				  66265.120 shall begin after
				  completion of closure of the unit and continue for 30 years after that date. It
				  shall consist of at least the following:
(A)
				  monitoring and reporting in accordance with the requirements of articles 6, 11,
				  12, 13, and 14 of this chapter; and
(B) maintenance and monitoring of waste
				  containment systems in accordance with the requirements of articles 6, 11, 12,
				  13, and 14 of this chapter.
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 7 - Closure and Post-Closure › Section 66265.119 - 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 pursuant to section
				  66265.116 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 66265.116 and
				  66265.119(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 15 - Interim Status Standards for Owners and Operators of Hazardous Waste Transfer, Treatment, Storage, and Disposal Facilities › Article 7 - Closure and Post-Closure › Section 66265.120 - Certification of Completion of Post-Closure Care

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
No later than 60 days after the 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 registered, qualified
					 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
					 66265.145, subsection
					 (i).
1. New
					 section filed 5-24-91; operative 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
						265.120.
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 7 - Closure and Post-Closure › Section 66265.121 - 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
				  66265.91 through
				  66265.99.
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 8 - Financial Requirements › Section 66265.140 - Applicability

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The
				  requirements of sections
				  66265.142,
				  66265.143, and
				  66265.147 through
				  66265.148 apply to owners or
				  operators of all hazardous waste facilities, as defined in section
				  66260.10, except as provided
				  otherwise in this article.
(b) The
				  requirements of sections
				  66265.144 and
				  66265.146 apply only to owners and
				  operators of hazardous waste facilities which are:
(1) disposal facilities;
(2) tank systems that are required under
				  section 66265.197 to meet the requirements
				  for landfills; and
(3) containment
				  buildings that are required under section
				  66265.1102 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 15 - Interim Status Standards for Owners and Operators of Hazardous Waste Transfer, Treatment, Storage, and Disposal Facilities › Article 8 - Financial Requirements › Section 66265.141 - Definitions 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 practice, 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
						265.141.
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 8 - Financial Requirements › Section 66265.142 - 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 66265.111 through
				  66265.115 and applicable closure
				  requirements in sections
				  66265.178,
				  66265.197,
				  66265.228,
				  66265.258,
				  66265.280,
				  66265.310,
				  66265.351,
				  66265.381,
				  66265.404, and
				  66265.1102.
(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
				  66265.112(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 by the
				  sale of hazardous wastes, or non-hazardous wastes if applicable under section
				  66265.113(d),
				  facility structures or equipment, land or other facility assets associated with
				  the facility at the time of the 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
				  66265.113(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 15 - Interim Status Standards for Owners and Operators of Hazardous Waste Transfer, Treatment, Storage, and Disposal Facilities › Article 8 - Financial Requirements › Section 66265.144 - Cost Estimate for Post-Closure Care

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) An owner or operator of a hazardous waste
				  disposal unit 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
				  66265.117 through
				  66265.120,
				  66265.228,
				  66265.258,
				  66265.280, and
				  66265.310.
(1) The postclosure cost estimate must 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 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
				  66265.117. The Department may
				  reset this period to 30 years each time the postclosure permit is issued or
				  renewed. This period will be determined consistent with determinations made in
				  section 66265.117.
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 8 - Financial Requirements › Section 66265.146 - Use of a Mechanism for Financial Assurance of Both Closure and Post-Closure Care

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
An owner or operator may satisfy the requirements for
					 financial assurance for both closure and post-closure care for one or more
					 facilities by using a trust fund, surety bond, letter of credit, insurance,
					 financial test, or corporate guarantee or alternative mechanism, that meets the
					 specifications for the mechanism in both sections
					 66265.143 and
					 66265.145 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 and of post-closure
					 care.
1. New
					 section filed 5-24-91; operative 7-1-91 (Register 91, No. 22).
2.
					 Amendment of 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
						265.146.
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 8 - Financial Requirements › Section 66265.147 - 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.
				  Except as specified in Section
				  67450.16, 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), (2), (3), (4), (5), (6) or
				  (8) of this section, and for an operator which is a public agency proposing to
				  operate a household hazardous waste collection facility, subsection (7).
(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 15 - Interim Status Standards for Owners and Operators of Hazardous Waste Transfer, Treatment, Storage, and Disposal Facilities › Article 8 - Financial Requirements › Section 66265.148 - 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 guarantee as specified in section
				  66265.143(e) and
				  66265.145(e)
				  shall make such a notification if named as debtor, as required under the terms
				  of the guarantee.
(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
						265.148.
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 9 - Use and Management of Containers › Section 66265.170 - 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
					 66265.1 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
						265.170.
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 9 - Use and Management of Containers › Section 66265.171 - Condition 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
						265.171.
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 9 - Use and Management of Containers › Section 66265.172 - 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
						265.172.
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 9 - Use and Management of Containers › Section 66265.173 - 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. Re-use
				  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
						265.173.
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 9 - Use and Management of Containers › Section 66265.174 - Inspections

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The owner or operator shall inspect areas used for
					 container storage or transfer, at least weekly, 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
						25159.5,
						Health and Safety Code; 40
						CFR Section
						265.174.
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 9 - Use and Management of Containers › Section 66265.176 - 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
						265.176.
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 9 - Use and Management of Containers › Section 66265.177 - 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
				  66265.17(b) is
				  complied with.
(b) Hazardous waste
				  shall not be placed in an unwashed container that previously held an
				  incompatible waste or material (see Appendix V for examples).
(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
						265.177.
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 9 - Use and Management of Containers › Section 66265.178 - 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).
2. Editorial correction of NOTE (Register
					 2004, No. 27).
Note: Authority cited: 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
						265.178.