1. (a) the waste is treated, rendered, or mixed before or immediately after placement in the impoundment so that:

   1. (1) the resulting waste, mixture, or dissolution of material no longer meets the definition of ignitable or reactive waste under sections 66261.21 or 66261.23 of this chapter; and

   2. (2) section 66265.17(b) is complied with; or

      (b)(1) the waste is managed in such a way that it is protected from any material or conditions which may cause it to ignite or react; and

   3. (2) the owner or operator obtains a certification from a qualified chemist or engineer, registered in California that to the best of the chemist's or engineer's knowledge and opinion, the design features or operating plans of the facility will prevent ignition or reaction; and
   4. (3) the certification and the basis for it are maintained at the facility; or
2. (c) the surface impoundment is used solely for emergencies.

Ignitable or reactive waste shall not be placed in a surface impoundment unless the waste and the impoundment satisfy all applicable requirements of chapter 18 of this division, and:

Note: Authority cited: Sections 208, 25150 and 25159, Health and Safety Code. Reference: Sections 25150, 25159 and 25159.5, Health and Safety Code; 40 CFR Section 265.229.

History

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