1. (a) Seismic considerations. (1) Portions of new facilities or facilities undergoing substantial modification where transfer, treatment, storage or disposal of hazardous waste will be conducted shall not be located within 61 meters (200 feet) of a fault which has had displacement in Holocene time.

   1. (2) As used in subsection (a)(1) of this section:

      1. (A) “fault” means a fracture along which rocks on one side have been displaced with respect to those on the other side;
      2. (B) “displacement” means the relative movement of any two sides of a fault measured in any direction;
      3. (C) “holocene” means the most recent epoch of the Quarternary period, extending from the end of the Pleistocene to the present.

2. (b) Floodplains.

   1. (1) A facility located in a 100-year floodplain or within the maximum high tide shall be designed, constructed, operated, and maintained to prevent washout of any hazardous waste by a 100-year flood or maximum high tide, unless the owner or operator can demonstrate to the Department's satisfaction that procedures are in effect which will cause the waste to be removed safely, before flood or tide waters can reach the facility, to a location where the wastes will not be vulnerable to flood waters.

      If wastes are moved to a location within California, that location shall be a facility which is either permitted by the Department under chapter 20 of this division or in interim status under chapters 20 and 15 of this division.

   2. (2) As used in subsection (b)(1) of this section:

      1. (A) “100-year floodplain” means any land area which is subject to a one percent or greater chance of flooding in any given year from any source;
      2. (B) “washout” means the movement of hazardous waste from the active portion of the facility as a result of flooding;
      3. (C) “100-year flood” means a flood that has a one percent chance of being equalled or exceeded in any given year.

3. (c) Salt dome formations, salt bed formations, underground mines and caves.

   The placement of any noncontainerized or bulk liquid hazardous waste in any salt dome formation, salt bed formation, underground mine or cave is prohibited.

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 264.18.

History

1. New section filed 5-24-91; effective 7-1-91 (Register 91, No. 22).