6 CCR 1007-3
DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT Hazardous Materials and Waste Management Division HAZARDOUS WASTE - STANDARDS FOR OWNERS AND OPERATORS OF HAZARDOUS WASTE TREATMENT, STORAGE AND DISPOSAL FACILITIES 6 CCR 1007-3 Part 264 [Editor’s Notes follow the text of the rules at the end of this CCR Document.] PART 264 - STANDARDS FOR OWNERS AND OPERATORS OF HAZARDOUS WASTE TREATMENT, STORAGE, AND DISPOSAL FACILITIES Subpart A - General Sec.
264.1 Purpose, scope and applicability.
264.2 [Reserved]
264.3 Relationship to interim status standards.
264.4 Imminent hazard action.
264.10 Applicability.
264.11 Identification number.
264.12 Required notices.
264.13 General waste analysis.
264.14 Security.
264.15 General inspection requirements.
264.16 Personnel training.
264.17 General requirements for ignitable, reactive, or incompatible wastes.
264.18 Installation standards.
264.19 Construction quality assurance program.
264.30 Applicability.
264.31 Design and operation of facility.
264.32 Required equipment.
264.33 Testing and maintenance of equipment.
264.34 Access to communications or alarm system.
264.35 Required aisle space.
264.36 [Reserved]
264.37 Arrangements with local authorities.
264.50 Applicability.
264.51 Purpose and implementation of contingency plan.
264.52 Content of contingency plan.
264.53 Copies of contingency plan.
264.54 Amendment of contingency plan.
264.55 Emergency coordinator.
264.56 Emergency procedures.
264.70 Applicability.
264.71 Use of manifest system.
264.72 Manifest discrepancies.
264.73 Operating record.
264.74 Availability, retention, and disposition of records.
264.75 Biennial report.
264.76 Unmanifested waste report.
264.77 Additional reports.
264.90 Applicability.
264.91 Required programs.
264.92 Ground-water protection standard.
264.93 Hazardous Constituents.
264.94 Concentration limits.
264.95 Point of compliance.
264.96 Compliance period.
264.97 General ground-water monitoring requirements.
264.98 Detection monitoring program.
264.99 Compliance monitoring program.
264.100 Corrective action program.
264.101 Corrective action for solid waste management units.
264.102-264.109 [Reserved] Subpart G - Closure and Post-Closure
264.110 Applicability.
264.111 Closure performance standard.
264.112 Closure plan; amendment of plan.
264.113 Closure; time allowed for closure.
264.114 Disposal or decontamination of equipment, structures and soils.
264.115 Certification of closure.
264.116 Survey plat.
264.117 Post-closure care and use of property.
264.118 Post-closure plan; amendment of plan.
264.119 Post-closure notices.
264.120 Certification of completion of post-closure care.
264.170 Applicability.
264.171 Condition of containers.
264.172 Compatibility of waste with containers.
264.173 Management of containers.
264.174 Inspections.
264.175 Containment.
264.176 Special requirements for ignitable or reactive waste.
264.177 Special requirements for incompatible wastes.
264.178 Closure.
264.179 Air emission standards.
264.190 Applicability.
264.191 Assessment of existing tank system's integrity.
264.192 Design and installation of new tank systems or components.
264.193 Containment and detection of releases.
264.194 General operating requirements.
264.195 Inspections.
264.196 Response to leaks or spills and disposition of leaking or unfit-for-use tank systems.
264.197 Closure and post-closure care.
264.198 Special requirements for ignitable or reactive waste.
264.199 Special requirements for incompatible wastes.
264.200 Air emission standards.
264.220 Applicability.
264.221 Design and operating requirements.
264.222 Action leakage rate.
264.223 Response actions.
264.224-264.225 [Reserved]
264.226 Monitoring and inspection.
264.227 Emergency repairs; contingency plans.
264.228 Closure and post-closure care.
264.229 Special requirements for ignitable or reactive waste.
264.230 Special requirements for incompatible wastes.
264.231 Special requirements for hazardous wastes F020, F021, F022, F023, F026,and F027.
264.232 Air emission standards.
264.233-264.249 [Reserved] Subpart L - Waste Piles
264.250 Applicability.
264.251 Design and operating requirements.
264.252 Action leakage rate.
264.253 Response actions.
264.254 Monitoring and inspection.
263.255 [Reserved]
264.256 Special requirements for ignitable or reactive waste.
264.257 Special requirements for incompatible wastes.
264.258 Closure and post-closure care.
264.259 Special requirements for hazardous wastes F020, F021, F022, F023, F026, and F027. 264.260-264.269 [Reserved] Subpart M - Land Treatment
264.270 Applicability.
264.271 Treatment program.
264.272 Treatment demonstration.
264.273 Design and operating requirements.
264.274-264.275 [Reserved]
264.276 Food-chain crops.
264.277 [Reserved]
264.278 Unsaturated zone monitoring.
264.279 Recordkeeping.
264.280 Closure and post-closure care.
264.281 Special requirements for ignitable or reactive waste.
264.282 Special requirements for incompatible wastes.
264.283 Special requirements for hazardous wastes F020, F021, F022, F023, F026, and F027. 264.284-264.299 (Reserved] Subpart N - Landfills
264.300 Applicability.
264.301 Design and operating requirements.
264.302 Action leakage rate.
264.303 Monitoring and inspection.
264.304 Response actions.
264.305-264.308 [Reserved]
264.309 Surveying and recordkeeping.
264.310 Closure and post-closure care.
264.311 [Reserved]
264.312 Special requirements for ignitable or reactive waste.
264.313 Special requirements for incompatible wastes.
264.314 Special requirements for bulk and containerized liquids.
264.315 Special requirements for containers.
264.316 Disposal of small containers of hazardous waste in overpacked drums (lab packs).
264.317 Special requirements for hazardous wastes F020, F021, F022, F023, F026, and F027. 264.318-264.339 [Reserved] Subpart O -Incinerators, Boilers and Industrial Furnaces
264.340 Applicability.
264.341 Waste analysis.
264.342 Risk based performance standards for hazardous constituents.
264.343 Performance standards to control particulate matter.
264.344 Performance standards to control emissions of metallic compounds.
264.345 Standards to control hydrogen chloride and chlorine gas emissions.
264.346 Permit standards for burners.
264.347 Regulation of residues.
264.348 Appendices I-XIII
264.349-264.399 [Reserved] Subparts P - R [Reserved] Subpart S - Corrective Action
264.550 Applicability of Corrective Action Management Unit (CAMU) regulations.
264.551 Grandfathered Corrective Action Management Unit (CAMU) regulations.
264.552 Corrective Action Management Units (CAMU).
264.553 Temporary Units (TU).
264.554 Staging piles.
264.570 Applicability.
264.571 Assessment of existing drip pad integrity.
264.572 Design and installation of new drip pads.
264.573 Design and operating requirements.
264.574 Inspections.
264.575 Closure.
264.600 Applicability.
264.601 Environmental performance standards.
264.602 Monitoring, analysis, inspection, response, reporting, and corrective action.
264.603 Post-closure care.
264.1030 Applicability.
264.1031 Definitions.
264.1032 Standards: Process vents.
264.1033 Standards: Closed-vent systems and control devices.
264.1034 Test methods and procedures.
264.1035 Recordkeeping requirements.
264.1036 Reporting requirements.
264.1037-264.1049 [Reserved] Subpart BB - Air Emission Standards for Equipment Leaks
264.1050 Applicability.
264.1051 Definitions.
264.1052 Standards: Pumps in light liquid service.
264.1053 Standards: Compressors.
264.1054 Standards: Pressure relief devices in gas/vapor service.
264.1055 Standards: Sampling connecting systems.
264.1056 Standards: Open-ended valves or lines.
264.1057 Standards: Valves in gas/vapor service or in light liquid service.
264.1058 Standards: Pumps and valves in heavy liquid service, pressure relief devices in light liquid or heavy liquid service, and flanges and other connectors.
264.1059 Standards: Delay of repair.
264.1060 Standards: Closed-vent systems and control devices.
264.1061 Alternative standards for valves in gas/vapor service or in light liquid service: percentage of valves allowed to leak.
264.1062 Alternative standards for valves in gas/vapor service or in light liquid service: skip period leak detection and repair.
264.1063 Test methods and procedures.
264.1064 Recordkeeping requirements.
264.1065 Reporting requirements.
264.1066-264.1079 [Reserved] Subpart CC - Air Emission Standards for Tanks, Surface Impoundments, and Containers
264.1080 Applicability.
264.1081 Definitions.
264.1082 Standards: General.
264.1083 Waste determination procedures.
264.1084 Standards: Tanks.
264.1085 Standards: Surface impoundments.
264.1086 Standards: Containers.
264.1087 Standards: Closed-vent systems and control devices.
264.1088 Inspection and monitoring requirements.
264.1089 Recordkeeping requirements.
264.1090 Reporting requirements.
264.1091 [Reserved]
264.1100 Applicability.
264.1101 Design and operating standards.
264.1102 Closure and post-closure care.
264.1103-264.1110 [Reserved] APPENDICES TO PART 264 APPENDIX I RECORDKEEPING INSTRUCTIONS APPENDICES II-III [RESERVED] APPENDIX IV COCHRAN'S APPROXIMATION TO THE BEHRENS-FISHER STUDENTS' T-TEST. APPENDIX V EXAMPLES OF POTENTIALLY INCOMPATIBLE WASTE APPENDIX VI POLITICAL JURISDICTIONS IN WHICH COMPLIANCE WITH § 264.18(a) MUST BE DEMONSTRATED APPENDICES VII-VIII [RESERVED] APPENDIX IX GROUND-WATER MONITORING LIST Subpart A - General § 264.1 Purpose, Scope and Applicability.
(a) The purpose of this part is to establish minimum State standards which define the acceptable management of hazardous waste.
(b) The standards in this part apply to owners and operations of all facilities which treat, store, or dispose of hazardous waste, except as specifically provided otherwise in this part or Part 261 of these regulations.
(c) The requirements of this part apply to a person disposing of hazardous waste by means of ocean disposal subject to a permit issued under the Marine Protection, Research, and Sanctuaries Act only to the extent they are included in a RCRA permit by rule granted to such a person under §
100.21 of these regulations.
(d) The requirements of this part apply to a person disposing of hazardous waste by means of underground injection subject to a permit issued under an Underground Injection Control (UIC) program approved or promulgated under the Safe Drinking Water Act only to the extent they are required by 40 CFR § 122.45 or § 100.23 of these regulations.
(e) The requirements of this part apply to the owner or operator of a POTW which treats, stores, or disposes of hazardous waste only to the extent they are included in a RCRA permit by rule granted to such a person under § 100.21 of these regulations.
(f) [Reserved] (g) The requirements of this part do not apply to:
(1) The owner or operator of a facility permitted, licensed, or registered by the State to manage municipal or industrial solid waste, if the only hazardous waste the facility treats, stores, or disposes of is excluded from regulation under this part by § 261.5 of these regulations.
(2) The owner or operator of a facility managing recyclable materials described in § 261.6(a)(2), (3), and (4) of these regulations (except to the extent they are referred to in Part 279 or Subparts C, D, F, or G of Part 267 of these regulations).* *Note: Hazardous wastes burned in boilers and industrial furnaces are also subject to the requirements of Part 264, Subpart O and Part 265, Subpart H of these regulations.
(3) A generator accumulating waste on-site in compliance with § 262.34 of these regulations.
(4) A farmer disposing of waste pesticides from the farmer's own use in compliance with §
(5) The owner or operator of a totally enclosed treatment facility, as defined in § 260.10.
(6) The owner or operator of an elementary neutralization unit or a wastewater treatment unit as defined in § 260.10 of these regulations, provided that if the owner or operator is diluting hazardous ignitable (D001) wastes (other than the D001 High TOC Subcategory defined in § 268.40 of these regulations, Table Treatment Standards for Hazardous Wastes), or reactive (D003) waste, to remove the characteristic before land disposal, the owner/operator must comply with the requirements set out in § 264.17(b).
(7) [Reserved] (8)(i) Except as provided in paragraph (g)(8)(ii) of this section, a person engaged in treatment or containment activities during immediate response to any of the following situations:
(9) A transporter storing manifested shipments of hazardous waste in containers meeting the requirements of § 262.30 at a transfer facility for a period of ten days or less.
(10) The addition of absorbent material to waste in a container (as defined in § 260.10 of these regulations) or the addition of waste to absorbent material in a container, provided that these actions occur at the time waste is first placed in the container, and § § 264.17(b), 264.171, and 264.172 are complied with.
(11) Universal waste handlers and universal waste transporters (as defined in § 260.10) handling the wastes listed below. These handlers are subject to regulation under Part 273 of these regulations, when handling the below listed universal wastes.
(h) The requirements of this part apply to owners or operators of all facilities which treat, store, or dispose of hazardous wastes referred to in Part 268.
(i) Reserved (j) The requirements of subparts B, C, and D of this part and § 264.101 of these regulations do not apply to remediation waste management sites. (However, some remediation waste management sites may be a part of a facility that is subject to a traditional RCRA permit because the facility is also treating, storing or disposing of hazardous wastes that are not remediation wastes. In these cases, Subparts B, C, and D of this part, and § 264.101 of these regulations do apply to the facility subject to the traditional RCRA permit.) Instead of the requirements of subparts B, C, and D of this part, owners or operators of remediation waste management sites must:
(1) Obtain an EPA identification number by applying to the Director using the Colorado Hazardous Waste Notification Form;
(2) Obtain a detailed chemical and physical analysis of a representative sample of the hazardous remediation wastes to be managed at the site. At a minimum, the analysis must contain all of the information which must be known to treat, store or dispose of the waste according to this part and Part 268 of these regulations, and must be kept accurate and up to date;
(3) Prevent people who are unaware of the danger from entering, and minimize the possibility for unauthorized people or livestock to enter onto the active portion of the remediation waste management site, unless the owner or operator can demonstrate to the Director that:
(4) Inspect the remediation waste management site for malfunctions, deterioration, operator errors, and discharges that may be causing, or may lead to, a release of hazardous waste constituents to the environment, or a threat to human health. The owner or operator must conduct these inspections often enough to identify problems in time to correct them before they harm human health or the environment, and must remedy the problem before it leads to a human health or environmental hazard. Where a hazard is imminent or has already occurred, the owner/operator must take remedial action immediately;
(5) Provide personnel with classroom or on-the-job training on how to perform their duties in a way that ensures the remediation waste management site complies with the requirements of this part, and on how to respond effectively to emergencies;
(6) Take precautions to prevent accidental ignition or reaction of ignitable or reactive waste, and prevent threats to human health and the environment from ignitable, reactive and incompatible waste;
(7) For remediation waste management sites subject to regulation under subparts I through O and subpart X of this part, the owner/operator must design, construct, operate, and maintain a unit within a 100-year floodplain to prevent washout of any hazardous waste by a 100-year flood, unless the owner/operator can meet the demonstration of § 264.18(b) of these regulations;
(8) Not place any non-containerized or bulk liquid hazardous waste in any salt dome formation, salt bed formation, underground mine or cave;
(9) Develop and maintain a construction quality assurance program for all surface impoundments, waste piles and landfill units that are required to comply with § § 264.221(c) and (d), 264.251(c) and (d), and 264.301(c) and (d) at the remediation waste management site, according to the requirements of § 264.19 of these regulations;
(10) Develop and maintain procedures to prevent accidents and a contingency and emergency plan to control accidents that occur. These procedures must address proper design, construction, maintenance, and operation of remediation waste management units to minimize the possibility of, and the hazards from a fire, explosion, or any unplanned sudden or non-sudden release of hazardous waste or hazardous waste constituents to air, soil, or surface water that could threaten human health or the environment. The plan must explain specifically how to treat, store and dispose of the remediation waste in question, and must describe the actions facility personnel will take in response to a fire, explosion, or release of hazardous waste or hazardous waste constituents. The facility must implement the plan immediately whenever a fire, explosion, or release of hazardous waste or hazardous waste constituents could threaten human health or the environment;
(11) Designate at least one employee, either on the facility premises or on call (that is, available to respond to an emergency by reaching the facility quickly), to coordinate all emergency response measures. This emergency coordinator must be thoroughly familiar with all aspects of the facility's contingency plan, all operations and activities at the facility, the location and characteristics of waste handled, the location of all records within the facility, and the facility layout. In addition, this person must have the authority to commit the resources needed to carry out the contingency plan;
(12) Develop, maintain and implement a plan to meet the requirements in paragraphs (j)(2) through (j)(6) and (j)(9) through (J)(10) of this section; and (13) Maintain records documenting compliance with paragraphs (j)(1) through (j)(12) of this section. (See § 264.73)
(k) An attached statement of basis and purpose for these regulations has been adopted by the Board of Health and is hereby incorporated by reference in these regulations pursuant to C.R.S. 1973, 24- 4-103 § 264.2 [Reserved] §264.3 Relationship to Interim Status Standards.
A facility owner or operator who has fully complied with the requirements for interim status - as defined in section 3005(e) of RCRA [42 U.S.C. § 6925(e)] and regulations under § 100.20 of these regulations - must comply with the regulations specified in Part 265 of these regulations in lieu of the regulations in this part, until final administrative disposition of the permit application is made, except as provided under Part 264 Subpart S.
§ 264.4 Imminent Hazard Action.
Notwithstanding any other provisions of these regulations, enforcement actions may be brought pursuant to CRS 1973, 25-15-301(4)(a).
Subpart B - General Facility Standards § 264.10 Applicability.
(a) The regulations in this subpart apply to owners and operators of all hazardous waste facilities, except as provided in § 264.1 and in paragraph (b) of this section.
(b) Section 264.18(b) applies only to facilities subject to regulation under Subparts I through O and Subpart X of this part.
§ 264.11 Identification Number.
Every facility owner or operator must apply to the Department for an EPA identification number using the Colorado Hazardous Waste Notification Form. Upon receiving the request, the Department will forward an EPA assigned EPA Identification number to the Facility. § 264.12 Required Notices.
(a)(1) The owner or operator of a facility that has arranged to receive hazardous waste from a foreign source must notify the Regional Administrator in writing at least four weeks in advance of the date the waste is expected to arrive at the facility. Notice of subsequent shipments of the same waste from the same foreign source is not required.
(2) The owner or operator of a recovery facility that has arranged to receive hazardous waste subject to Part 262, Subpart H must provide a copy of the tracking document bearing all required signatures to the notifier, to the Office of Enforcement and Compliance Assurance, Office of Compliance, Enforcement Planning, Targeting and (b) The owner or operator of a facility that receives hazardous waste from an off-site source (except where the owner or operator is also the generator) must inform the generator in writing that he/she has the appropriate permit(s) for, and will accept, the waste the generator is shipping. The owner or operator must keep a copy of this written notice as part of the operating record.
(c) Before transferring ownership or operation of a facility during its operating life, or of a disposal facility during the post-closure care period, the owner or operator must notify the new owner or operator in writing of the requirements of this part and Part 100 of these regulations. § 264.13 General Waste Analysis.
(a)(1) Before an owner or operator treats, stores, or disposes of any hazardous wastes, or nonhazardous wastes if applicable under § 264.113(d), he/she must obtain a detailed chemical and physical analysis of a representative sample of the waste. At a minimum this analysis must contain all the information which must be known to treat, store or dispose of the waste in accordance with the requirements of this part and Part 268 or with the conditions of a permit issued under Part 100 of these regulations.
(2) The analysis may include data developed under Part 261 of these regulations, and existing published or documented data on the hazardous waste or on hazardous waste generated from similar processes.
(3) The analysis must be repeated as necessary to ensure that it is accurate and up to date. At a minimum the analysis must be repeated:
(4) The owner or operator of an off-site facility must inspect and, if necessary, analyze each hazardous waste movement received at the facility to determine whether it matches the identity of the waste specified on the accompanying manifest or shipping paper.
(b) The owner or operator must develop and follow a written waste analysis plan which describes the procedures which he/she will carry out to comply with paragraph (a) of this section. He/she must keep this plan at the facility. At a minimum, the plan must specify:
(1) The parameters for which each hazardous waste, or non-hazardous waste if applicable under § 264.113(d), will be analyzed and the rationale for the selection of these parameters (i.e., how analysis for these parameters will provide sufficient information on the waste's properties to comply with paragraph (a) of this section);
(2) The test methods which will be used to test for these parameters;
(3) The sampling method which will be used to obtain a representative sample of the waste to be analyzed. A representative sample may be obtained using either:
(4) The frequency with which the initial analysis of the waste will be reviewed or repeated to ensure that the analysis is accurate and up to date; and (5) For off-site facilities, the waste analyses that hazardous waste generators have agreed to supply.
(6) Where applicable, the methods that will be used to meet the additional waste analysis requirements for specific waste management methods as specified in § § 264.17, 264.314, 264.341, 264.l034(d), 264.1063(d), 264.1083, and 268.7 of these regulations.
(7) For surface impoundments exempted from land disposal restrictions under § 268.4(a), the procedures and schedules for:
(8) For owners and operators seeking an exemption to die air emission standards of Subpart CC in accordance with § 264.1082:
(c) For off-site facilities, the waste analysis plan required in paragraph (b) of this section must also specify the procedures which will be used to inspect and, if necessary, analyze each movement of hazardous waste received at the facility to ensure that it matches the identity of the waste designated on the accompanying manifest or shipping paper. At a minimum, the plan must describe:
(1) The procedures which will be used to determine the identity of each movement of waste managed at the facility; and (2) The sampling method which will be used to obtain a representative sample of the waste to be identified, if the identification method includes sampling.
(3) The procedures that the owner or operator of an off-site landfill receiving containerized hazardous waste will use to determine whether a hazardous waste generator or treater has added a biodegradable sorbent to the waste in the container. § 264.14 Security.
(a) The owner or operator must prevent the unknowing entry, and minimize the possibility for the unauthorized entry, of persons or livestock onto the active portion of his/her facility, unless he/she can demonstrate to the Department that:
(1) Physical contact with the waste, structures, or equipment within the active portion of the facility will not injure unknowing or unauthorized persons or livestock which may enter the active portion of a facility, and (2) Disturbance of the waste or equipment, by the unknowing or unauthorized entry of persons or livestock onto the active portion of a facility, will not cause a violation of the requirements of this part.
(b) Unless the owner or operator has made a successful demonstration under paragraph (a)(1) and (a)(2) of this section, a facility must have:
(1) A 24-hour surveillance system (e.g., television monitoring or surveillance by guards or facility personnel) which continuously monitors and controls entry onto the active portion of the facility; or (2)(i) An artificial or natural barrier (e.g., a fence in good repair or a fence combined with a cliff), which completely surrounds the active portion of the facility; and
(c) Unless the owner or operator has made a successful demonstration under paragraphs (a)(1) and (a) (2) of this section, a sign with the legend, “Danger-Unauthorized Personnel Keep Out” , must be posted at each entrance to the active portion of a facility, and at other locations, in sufficient numbers to be seen from any approach to this active portion. The legend must be written in English and in any other language predominant in the area surrounding the facility and must be legible from a distance of at least 25 feet. Existing signs with a legend other than “Danger- Unauthorized Personnel Keep Out” may be used if the legend on the sign indicates that only authorized personnel are allowed to enter the active portion, and that entry onto the active portion can be dangerous.
§ 264.15 General Inspection Requirements.
(a) The owner or operator must inspect his/her facility for malfunctions and deterioration, operator errors, and discharges which may be causing - or may lead to - (l1) release of hazardous waste constituents to the environment or (2) a threat to human health. The owner or operator must conduct these inspections often enough to identify problems in time to correct them before they harm human health or the environment.
(b)(1) The owner or operator must develop and follow a written schedule for inspecting monitoring equipment, safety and emergency equipment, security devices, and operating and structural equipment (such as dikes and sump pumps) that are important to preventing, detecting, or responding to environmental or human health hazards.
(2) He/she must keep this schedule at the facility.
(3) The schedule must identify the types of problems (e.g., malfunctions or deterioration) which are to be looked for during the inspection (e.g., inoperative sump pump, leaking fitting, eroding dike, etc.).
(4) The frequency of inspection may vary for the items on the schedule. However, the frequency should be based on the rate of deterioration of the equipment and the probability of an environmental or human health incident if the deterioration, malfunction, or any operator error goes undetected between inspections. Areas subject to spills, such as loading and unloading areas, must be inspected daily when in use. At a minimum, the inspection schedule must include the items and frequencies called for in § § 264.174, 264.193, 264.195, 264.226, 264.254, 264.278, 264.303, 264.347, 264.602, 264.1033, 264.1052, 264.1053, 264.1058, and 264.1083 through 264.1089 of this part, where applicable.
(c) The owner or operator must remedy any deterioration or malfunction of equipment or structures which the inspection reveals on a schedule which ensures that the problem does not lead to an environmental or human health hazard. Where a hazard is imminent or has already occurred, remedial action must be taken immediately.
(d) The owner or operator must record inspections in an inspection log or summary. He/she must keep these records for at least three years from the date of inspection. At a minimum, these records must include the date and time of the inspection, the name of the inspector, a notation of the observations made, and the date and nature of any repairs or other remedial actions. § 264.16 Personnel Training.
(a)(1) Facility personnel must successfully complete a program of classroom instruction and on-the-job training that teaches them to perform their duties in a way that ensures the facility's compliance with the requirements of this part. The owner or operator must ensure that this program includes all the elements described in the document required under paragraph (d)(3) of this section.
(2) This program must be directed by a person trained in hazardous waste management procedures, and must include instruction which teaches facility personnel hazardous waste management procedures (including contingency plan implementation) relevant to the positions in which they are employed.
(3) At a minimum, the training program must be designed to ensure that facility personnel are able to respond effectively to emergencies by familiarizing them with emergency procedures, emergency equipment, and emergency systems, including, where applicable:
(b) Facility personnel must successfully complete the program required in paragraph (a) of this section within six months after the date of their employment or assignment to a facility, or to a new position at a facility. Employees must not work in unsupervised positions until they have completed the training requirements of paragraph (a) of this section.
(c) Facility personnel must take part in an annual review of the initial training required in paragraph (a) of this section.
(d) The owner or operator must maintain the following documents and records at the facility:
(1) The job title for each position at the facility related to hazardous waste management, and the name of the employee filling each job;
(2) A written job description for each position listed under paragraph (d)(1) of this section. This description may be consistent in its degree of specificity with descriptions for other similar positions in the same company location or bargaining unit, but must include the requisite skill, education, or other qualifications, and duties of employees assigned to each position;
(3) A written description of the type and amount of both introductory and continuing training that will be given to each person filling a position listed under paragraph (d)(1) of this section;
(4) Records that document that the training or job experience required under paragraphs (a), (b), and (c) of this section has been given to, and completed by, facility personnel.
(e) Training records on current personnel must be kept until closure of the facility; training records on former employees must be kept for at least three years from the date the employee last worked at the facility. Personnel training records may accompany personnel transferred within the same company.
§ 264.17 General Requirements for Ignitable, Reactive, or Incompatible Wastes.
(a) The owner or operator must take precautions to prevent accidental ignition or reaction of ignitable or reactive waste. This waste must be separated and protected from sources of ignition or reaction including but not limited to: open flames, smoking cutting and welding, hot surfaces, frictional heat, sparks (static, electrical, or mechanical), spontaneous ignition (e.g., from heat-producing chemical reactions), and radiant heat. While ignitable or reactive waste is being handled, the owner or operator must confine smoking and open flame to specially designated locations. “No Smoking” signs must be conspicuously placed wherever there is a hazard from ignitable or reactive waste.
(b) Where specifically required by other Sections of this Part, the owner or operator of a facility that treats, stores or disposes of ignitable or reactive waste, or mixes incompatible waste or incompatible wastes and other materials, must take precautions to prevent reactions which:
(1) Generate extreme heat or pressure, fire or explosions, or violent reactions;
(2) Produce uncontrolled toxic mists, fumes, dusts, or gases in sufficient quantities to threaten human health or the environment;
(3) Produce uncontrolled flammable fumes or gases in sufficient quantities to pose a risk of fire or explosions;
(4) Damage the structural integrity of the device or facility;
(5) Through other like means threaten human health or the environment.
(c) When required to comply with paragraph (a) or (b) of this section, the owner or operator must document that compliance. This documentation may be based on references to published scientific or engineering literature, data from trial tests (e.g., bench scale or pilot scale tests), waste analyses (as specified in § 264.13), or the results of the treatment of similar wastes by similar treatment processes and under similar operating conditions. § 264.18 Installation Standards.
(a) Seismic considerations.
(1) Portions of new facilities where treatment, storage, or disposal of hazardous waste will be conducted must not be located within 1000 feet of a fault which has had displacement in Holocene time.
(2) As used in paragraph (a)(1) of this section:
(b) Floodplains.
(1) A treatment or storage facility and an existing disposal facility located in a 100-year floodplain must be designed, constructed, operated, maintained, and closed when applicable, to prevent washout of any hazardous waste by a 100-year flood;
(2) New facilities for disposal shall not be located within the 100-year floodplain.
(3) As used in paragraphs (b)(1) and (2) of this Section:
(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.
(d) Hazardous waste disposal facilities shall not place wastes directly under or into surface water or groundwater that has a potential or existing beneficial use or that is in direct communication with an aquifer, unless said disposal is accomplished pursuant to a UIC permit. § 264.19 Construction Quality Assurance Program.
(a) CQA program.
(1) A construction quality assurance (CQA) program is required for all surface impoundment, waste pile, and landfill units that are required to comply with § § 264.221(c) and (d), 264.251(c) and (d), and 264.301(c) and (d). The program must ensure that the constructed unit meets or exceeds all design criteria and specifications in the permit. The program must be developed and implemented under the direction of a CQA officer who is a registered professional engineer.
(2) The CQA program must address the following physical components, where applicable:
(b) Written CQA plan. The owner or operator of units subject to the CQA program under paragraph (a) of this section must develop and implement a written CQA plan. The plan must identify steps the will be used to monitor and document the quality of materials and the condition and manner of their installation. The CQA plan must include:
(1) Identification of applicable units, and a description of how they will be constructed, (2) Identification of key personnel in the development and implementation of the CQA plan, and CQA officer qualifications.
(3) A description of inspection and sampling activities for all unit components identified in paragraph (a)(2) of this section, including observations and tests that will be used before, during, and after construction to ensure that the construction materials and the installed unit components meet the design specifications. The description must cover: Sampling size and locations; frequency of testing; data evaluation procedures; acceptance and rejection criteria for construction materials; plans for implementing corrective measures; and data or other information to be recorded and retained in the operating record under § 264.73.
(c) Contents of program.
(1) The CQA program must include observations, inspections, tests, and measurements sufficient to ensure:
(2) The CQA program shall include test fills for compacted soil liners, using the same compaction methods as in the full scale unit, to ensure that the liners are constructed to meet the hydraulic conductivity requirements of § § 264.221(c)(1)(i)(B), 264.251(c)(1)(i)(B), and 264.301(c)(1)(i)(B) in the field. Compliance with the hydraulic conductivity requirements must be verified by using in-situ testing on the constructed test fill. The Department may accept an alternative demonstration, in lieu of a test fill, where data are sufficient to show that a constructed soil liner will meet the hydraulic conductivity requirements of § § 264.221(c)(1)(i)(B), 264.251(c)(1)(i)(B), and 264.301(c)(1)(i)(B) in the field.
(d) Certification . Waste shall not be received in a unit subject to § 264.19 until the owner or operator has submitted to the Department by certified mail or hand delivery a certification signed by the CQA officer that the approved CQA plan has been successfully carried out and that the unit meets the requirements of § § 264.221(c) or (d), 264.251(c) or (d), or 264.301(c) or (d); and the procedure in § 100.42(1)(2)(ii) of these regulations has been completed. Documentation supporting the CQA officer's certification must be furnished to the Department upon request. Subpart C - Preparedness and Prevention § 264.30 Applicability.
The regulations in this subpart apply to owners and operators of all hazardous waste facilities, except as § 264.1 provides otherwise.
§ 264.31 Design and Operation of Facility.
(a) Facilities must be designed, constructed, maintained, and operated to minimize the possibility of a fire, explosion, or any unplanned sudden or non-sudden release of hazardous waste or hazardous waste constituents to air, soil, surface or ground water which could threaten human health or the environment.
(b) Facilities which are not provided with fire protection services by a fire protection district or municipal fire department must be designed, constructed, maintained and operated in accordance with a plan for providing their own fire protection and prevention which has been approved by the Department and which meets the following requirements:
(1) The plan shall provide for adequate fire protection and prevention for the facility based upon the location and construction of the facility, and based upon the kinds and amounts of hazardous wastes generated, treated, stored, or disposed of at the facility.
(2) The plan shall specify the required equipment and the required availability and training of facility personnel.
(3) The plan shall be based upon the provisions of the Uniform Fire Code, the National Fire Code, the Uniform Building Code, and 29 CFR, Chapter xvii, part 1910, subpart L, Fire Protection.
(4) Before submitting the plan to the Department for review, the facility shall have the plan reviewed and approved by a registered professional engineer experienced in fire protection.
(5) The approved plan shall become a part of the facility's contingency plan when a contingency plan is required.
§ 264.32 Required Equipment.
All facilities must be equipped with the following, unless it can be demonstrated to the Department that none of the hazards posed by waste handled at the facility could require a particular kind of equipment specified below:
(a) An internal communications of alarm system capable of providing immediate emergency instruction (voice or signal) to facility personnel;
(b) A device, such as a telephone (immediately available at the scene of operations) or a hand- held two-way radio, capable of summoning emergency assistance from local police departments, fire departments, or State or local emergency response teams;
(c) Portable fire extinguishers, fire control equipment (including special extinguishing equipment, such as that using foam, inert gas, or dry chemicals), spill control equipment, and decontamination equipment; and (d) Water at adequate volume and pressure to supply water hose streams, or foam producing equipment, or automatic sprinklers, or water spray systems. § 264.33 Testing and Maintenance of Equipment.
All facility communications or alarm systems, fire protection equipment, spill control equipment, and decontamination equipment, where required, must be tested and maintained as necessary to assure its proper operation in time of emergency.
§ 264.34 Access to Communications or Alarm System.
(a) Whenever hazardous waste is being poured, mixed, spread, or otherwise handled, all personnel involved in the operation must have immediate access to an internal alarm or emergency communication device, either directly or through visual or voice contact with another employee, unless the Department has ruled that such a device is not required under § 264.32.
(b) If there is ever just one employee on the premises while the facility is operating, he/she must have immediate access to a device, such as a telephone (immediately available at the scene of operation) or a hand-held two-way radio, capable of summoning external emergency assistance, unless the Department has ruled that such a device is not required under § 264.32. § 264.35 Required Aisle Space.
The owner or operator must maintain aisle space to allow the unobstructed movement of personnel, fire protection equipment, spill control equipment, and decontamination equipment to any area of facility operation in an emergency, unless it can be demonstrated to the Department that aisle space is not needed for any of these purposes.
§ 264.36 [Reserved] § 264.37 Arrangements with Local Authorities.
(a) The owner or operator must attempt to make the following arrangements, as appropriate for the type of waste handled at his/her facility and the potential need for the services of these organizations:
(1) Arrangements to familiarize police, fire departments, local departments of health, and emergency response teams with the layout of the facility, properties of hazardous waste handled at the facility and associated hazard laces where facility personnel would normally be working, entrances to and roads side the facility, and possible evacuation routes;
(2) Where more than one police and fire department might respond to an emergency, agreements designating primary emergency authority to a specific police and a specific fire department, and agreements with any others to provide support to the primary emergency authority;
(3) Agreements with State emergency response teams, emergency response contractors, and equipment suppliers; and (4) Arrangements to familiarize local hospitals with the properties of hazardous waste handled at the facility and the types of injuries or illnesses which could result from fires, explosions, or releases at the facility.
(b) Where State or local authorities decline enter into such arrangements, the owner or operator must document the refusal in the operating record and comply with § 264.31(b). Subpart D - Contingency Plan and Emergency Procedures § 264.50 Applicability.
The regulations in this subpart apply to owners and operators of all hazardous waste facilities, except as § 264.1 provides otherwise.
§ 264.51 Purpose and Implementation of Contingency Plan.
(a) Each owner or operator must have a contingency plan for his/her facility. The contingency plan must be designed to minimize hazards to human health or the environment from fires, explosions, or any unplanned sudden or non sudden release of hazardous waste constituents to air, soil, surface or ground water.
(b) The provisions of the plan must be carried out immediately whenever there is a fire, explosion, or release of hazardous waste or hazardous waste constituents which could threaten human health or the environment.
§ 264.52 Content of Contingency Plan.
(a) The contingency plan must describe the actions facility personnel must take to comply with § § 264.51 and 264.56 in response to fires, explosions, or any unplanned sudden or non sudden release of hazardous waste or hazardous waste constituents to air, soil, surface or ground water at the facility.
(b) If the owner or operator has already prepared a Spill Prevention, Control, and Countermeasures (SPCC) Plan in accordance with 40 CFR, Chapter I Part 112, or 40 CFR Part 300, or some other emergency or contingency plan, he/she need only amend that plan to incorporate hazardous waste management provisions that are sufficient to comply with the requirements of this Part.
(c) The plan must describe arrangements agreed to by local police departments, fire departments, hospitals, contractors, and State and local emergency response teams to coordinate emergency services, pursuant to § 264.37.
(d) The plan must list names, addresses, and phone numbers (office and home) of all persons qualified to act as emergency coordinator (see § 264.55), and this list must be kept up to date. Where more than one person is listed, one must be named as primary emergency coordinator and others must be listed in the order in which they will assume responsibility as alternates. For new facilities, this information must be supplied to the Department at the time of certification, rather than at the time of permit application.
(e) The plan must include a list of all emergency equipment at the facility (such as fire extinguishing systems, spill control equipment, communications and alarm systems (internal and external), and decontamination equipment), where this equipment is required. This list must be kept up to date. In addition, the plan must include the location and a physical description of each item on the list, and a brief outline of its capabilities.
(f) The plan must include an evacuation plan for facility personnel where there is a possibility that evacuation could be necessary. This plan must describe signal(s) to be used to begin evacuation, evacuation routes, and alternate evacuation routes (in cases where the primary routes could be blocked by releases of hazardous waste or fires).
§ 264.53 Copies of Contingency Plan.
A copy of the contingency plan and all revisions to the plan must be:
(a) Maintained at the facility; and, (b) Submitted to all local police departments, fire departments, hospitals, and State and local emergency response teams that may be called upon to provide emergency services. § 264.54 Amendment of Contingency Plan.
The contingency plan must be reviewed, and immediately amended, if necessary, whenever:
(a) The facility permit is revised;
(b) The plan fails in an emergency;
(c) The facility changes-in its design, construction, operation, maintenance, or other circumstances-in a way that materially increases the potential for fires, explosions, or releases of hazardous waste or hazardous waste constituents, or changes the response necessary in an emergency, (d) The list of emergency coordinators changes; or (e) The list of emergency equipment changes.
§ 264.55 Emergency Coordinator.
At all times, there must be at least one employee either on the facility premises or on call (i.e., available to respond to an emergency by reaching the facility within a specified period of time) with the responsibility for coordinating all emergency response measures. This emergency coordinator must be thoroughly familiar with all aspects of the facility's contingency plan, all operations and activities at the facility, the location and characteristics of waste handled, the location of all records within the facility, and the facility layout. In addition, this person must have the authority to commit the resources needed to carry out the contingency plan.
§ 264.56 Emergency Procedures.
(a) Whenever there is an imminent or actual emergency situation, the emergency coordinator (or the emergency coordinator's designee when the emergency coordinator is on call) must immediately:
(1) Activate internal facility alarms or communication systems, where applicable, to notify all facility personnel; and (2) Notify appropriate State or local agencies with designated response roles as described in the contingency plan.
(b) Whenever there is a release, fire, or explosion, the emergency coordinator must immediately identify the character, exact source, amount, and areal extent of any released materials. The emergency coordinator may do this by observation or review of facility records or manifests, and, if necessary, by chemical analysis.
(c) Concurrently, the emergency coordinator must assess possible hazards to human health or the environment that may result from the release, fire, or explosion. This assessment must consider both direct and indirect effects of the release, fire, or explosion (e.g., the effects of any toxic, irritating, or asphyxiating gases that are generated, or the effects of any hazardous surface water run-off from water or chemical agents used to control fire and heat-induced explosions).
(d) If the emergency coordinator determines that the facility has had a release, fire, or explosion which could threaten human health, or the environment, outside the facility, he/she must report his/her findings as follows:
(1) If his/her assessment indicates that evacuation of local areas may be advisable, he/she must immediately notify appropriate local authorities. He/she must be available to help appropriate officials decide whether local areas should be evacuated; and (2) He/she must immediately notify either the government official designated as the on-scene coordinator for that geographical area, (in the applicable regional contingency plan under Part 1510 of 40 CFR) or the National Response Center (using their 24-hour toll free number 800/424-8802). The report must include:
(e) During an emergency, the emergency coordinator must take all reasonable measures necessary to ensure that fires, explosions, and releases do not occur, recur, or spread to other hazardous waste at the facility. These measures must include, where applicable, stopping processes and operations, collecting and containing release waste, and removing or isolating containers.
(f) If the facility stops operations in response to a fire, explosion, or release, the emergency coordinator must monitor for leaks, pressure buildup, gas generation, or ruptures in valves, pipes, or other equipment, wherever this is appropriate.
(g) Immediately after an emergency, the emergency coordinator must provide for treating, storing, or disposing of recovered waste, contaminated soil or surface water, or any other material that results from a release, fire, or explosion at the facility.
(h) The emergency coordinator must ensure that, in the affected area(s) of the facility:
(1) No waste that may be incompatible with the released material is treated, stored, or disposed of until cleanup procedures are completed; and (2) All emergency equipment listed in the contingency plan is cleaned and fit for its intended use before operations are resumed.
(i) The owner or operator must notify the Department, and appropriate local authorities, that the facility is in compliance with paragraph (h) of this section before operations are resumed in the affected area(s) of the facility.
(j) The owner or operator must note in the operating record the time, date, and details of any incident that requires implementing the contingency plan. Within 15 days after the incident, he/she must submit a written report on the incident to the Department. The report must include:
(1) Name, address, and telephone number of the owner or operator;
(2) Name, address, and telephone number of the facility;
(3) Date, time, and type of incident (e.g., fire, explosion);
(4) Name and quantity of material(s) involved;
(5) An assessment of actual or potential hazards to human health or the environment, where this is applicable; and (6) Estimated quantity and disposition of recovered material that resulted from the incident. Subpart E - Manifest System, Recordkeeping, and Reporting § 264.70 Applicability.
(a) The regulations in this subpart apply to owners and operators of both on site and off site facilities, except as § 264.1 provides otherwise. Sections 264.71, 264.72, and 264.76 do not apply to owners and operators of on site facilities that do not receive any hazardous waste from off site sources. Section 264.73(b) only applies to permittees who treat, store or dispose of hazardous wastes on site where such wastes were generated.
(b) The revised manifest form and procedures in § § 260.10, 261.7, 264.70, 264.71, 264.72, and 264.76 of these regulations shall not apply until September 5, 2006. The manifest form and procedures contained in § § 260.10, 261.7, 264.70, 264.71, 264.72, and 264.76 of these regulations at the time of the May 2006 rulemaking hearing shall be applicable until September 5, 2006.
§ 264.71 Use of Manifest System.
(a) If a facility receives hazardous waste accompanied by a manifest, the owner, operator or his/her agent must sign and date the manifest as indicated in paragraph (a)(2) of this section to certify that the hazardous waste covered by the manifest was received, that the hazardous waste was received except as noted in the discrepancy space of the manifest, or that the hazardous waste was rejected as noted in the manifest discrepancy space.
(2) If a facility receives a hazardous waste shipment accompanied by a manifest, the owner, operator or his/her agent must:
(3) If a facility receives hazardous waste imported from a foreign source, the receiving facility must mail a copy of the manifest to the following address within 30 days of delivery: International Compliance Assurance Division, OFA/OECA (2254A), U.S. Environmental Protection Agency, Ariel Rios Building, 1200 Pennsylvania Avenue, NW., Washington, DC 20460.
(b) If a facility receives, from a rail or water (bulk shipment) transporter, hazardous waste which is accompanied by a shipping paper containing all the information required on the manifest (excluding the EPA identification numbers, generator's certification, and signatures), the owner or operator, or his/her agent, must:
(1) Sign and date each copy of the manifest or shipping paper (if the manifest has not been received) to certify that the hazardous waste covered by the manifest or shipping paper was received;
(2) Note any significant discrepancies (as defined in § 264.72(a)) in the manifest or shipping paper (if the manifest has not been received) on each copy of the manifest or shipping paper.
(3) Immediately give the rail or water (bulk shipment) transporter at least one copy of the manifest or shipping paper (if the manifest has not been received);
(4) Within 30 days after the delivery, send a copy of the signed and dated manifest or a signed and dated copy of the shipping paper (if the manifest has not been received within 30 days after delivery) to the generator; and (5) Retain at the facility a copy of the manifest and shipping paper (if signed in lieu of the manifest at the time of delivery) for at least three years from the date of delivery.
(c) Whenever a shipment of hazardous waste is initiated from a facility, the owner or operator of that facility must comply with the requirements of Part 262 of these regulations.
(d) Within three working days of the receipt of a shipment subject to Part 262, Subpart H, the owner or operator of the facility must provide a copy of the tracking document bearing all required signatures to the notifier, to the Office of Enforcement and Compliance Assurance, Office of Compliance, Enforcement Planning, Targeting and Data Division (2222A), Environmental Protection Agency, 401 M St., SW., Washington, DC 20460, and to competent authorities of all other concerned countries. The original copy of the tracking document must be maintained at the facility for at least three years from the date of signature.
(e) A facility must determine whether the consignment state for a shipment regulates any additional wastes (beyond those regulated Federally) as hazardous wastes under its state hazardous waste program. Facilities must also determine whether the consignment state or generator state requires the facility to submit any copies of the manifest to these states. § 264.72 Manifest Discrepancies.
(a) Manifest discrepancies are:
(1) Significant differences (as defined by paragraph (b) of this section) between the quantity or type of hazardous waste designated on the manifest or shipping paper, and the quantity and type of hazardous waste a facility actually receives;
(2) Rejected wastes, which may be a full or partial shipment of hazardous waste that the TSDF cannot accept; or (3) Container residues, which are residues that exceed the quantity limits for “empty” containers set forth in § 261.7(b) of these regulations.
(b) Significant differences in quantity are: For bulk waste, variations greater than 10 percent in weight; for batch waste, any variation in piece count, such as a discrepancy of one drum in a truckload. Significant differences in type are obvious differences which can be discovered by inspection or waste analysis, such as waste solvent substituted for waste acid, or toxic constituents not reported on the manifest or shipping paper.
(c) Upon discovering a significant difference in quantity or type, the owner or operator must attempt to reconcile the discrepancy with the waste generator or transporter (e.g., with telephone conversations). If the discrepancy is not resolved within 15 days after receiving the waste, the owner or operator must immediately submit to the Department a letter describing the discrepancy and attempts to reconcile it, and a copy of the manifest or shipping paper at issue. (d)(1) Upon rejecting waste or identifying a container residue that exceeds the quantity limits for “empty” containers set forth in § 261.7(b) of these regulations, the facility must consult with the generator prior to forwarding the waste to another facility that can manage the waste. If it is impossible to locate an alternative facility that can receive the waste, the facility may return the rejected waste or residue to the generator. The facility must send the waste to the alternative facility or to the generator within 60 days of the rejection or the container residue identification.
(2) While the facility is making arrangements for forwarding rejected wastes or residues to another facility under this section, it must ensure that either the delivering transporter retains custody of the waste, or, the facility must provide for secure, temporary custody of the waste, pending delivery of the waste to the first transporter designated on the manifest prepared under paragraph (e) or (f) of this section.
(e) Except as provided in paragraph (e)(7) of this section, for full or partial load rejections and residues that are to be sent off-site to an alternate facility, the facility is required to prepare a new manifest in accordance with § 262.20(a) of these regulations and the following instructions:
(1) Write the generator's U.S. EPA ID number in Item 1 of the new manifest. Write the generator's name and mailing address in Item 5 of the new manifest. If the mailing address is different from the generator's site address, then write the generator's site address in the designated space for Item 5.
(2) Write the name of the alternate designated facility and the facility's U.S. EPA ID number in the designated facility block (Item 8) of the new manifest.
(3) Copy the manifest tracking number found in Item 4 of the old manifest to the Special Handling and Additional Information Block of the new manifest, and indicate that the shipment is a residue or rejected waste from the previous shipment.
(4) Copy the manifest tracking number found in Item 4 of the new manifest to the manifest reference number line in the Discrepancy Block of the old manifest (Item 18a).
(5) Write the DOT description for the rejected load or the residue in Item 9 (U.S. DOT Description) of the new manifest and write the container types, quantity, and volume(s) of waste.
(6) Sign the Generator's/Offeror's Certification to certify, as the offeror of the shipment, that the waste has been properly packaged, marked and labeled and is in proper condition for transportation.
(7) For full load rejections that are made while the transporter remains present at the facility, the facility may forward the rejected shipment to the alternate facility by completing Item 18b of the original manifest and supplying the information on the next destination facility in the Alternate Facility space. The facility must retain a copy of this manifest for its records, and then give the remaining copies of the manifest to the transporter to accompany the shipment. If the original manifest is not used, then the facility must use a new manifest and comply with paragraphs (e)(1), (2), (3), (4), (5), and (6) of this section.
(f) Except as provided in paragraph (f)(7) of this section, for rejected wastes and residues that must be sent back to the generator, the facility is required to prepare a new manifest in accordance with § 262.20(a) of these regulations and the following instructions:
(1) Write the facility's U.S. EPA ID number in Item 1 of the new manifest. Write the generator's name and mailing address in Item 5 of the new manifest. If the mailing address is different from the generator's site address, then write the generator's site address in the designated space for Item 5.
(2) Write the name of the initial generator and the generator's U.S. EPA ID number in the designated facility block (Item 8) of the new manifest.
(3) Copy the manifest tracking number found in Item 4 of the old manifest to the Special Handling and Additional Information Block of the new manifest, and indicate that the shipment is a residue or rejected waste from the previous shipment.
(4) Copy the manifest tracking number found in Item 4 of the new manifest to the manifest reference number line in the Discrepancy Block of the old manifest (Item 18a).
(5) Write the DOT description for the rejected load or the residue in Item 9 (U.S. DOT Description) of the new manifest and write the container types, quantity, and volume(s) of waste.
(6) Sign the Generator's/Offeror's Certification to certify, as offeror of the shipment, that the waste has been properly packaged, marked and labeled and is in proper condition for transportation.
(7) For full load rejections that are made while the transporter remains at the facility, the facility may return the shipment to the generator with the original manifest by completing Item 18a and 18b of the manifest and supplying the generator's information in the Alternate Facility space. The facility must retain a copy for its records and then give the remaining copies of the manifest to the transporter to accompany the shipment. If the original manifest is not used, then the facility must use a new manifest and comply with paragraphs (f)(1), (2), (3), (4), (5), and (6) of this section.
(g) If a facility rejects a waste or identifies a container residue that exceeds the quantity limits for “empty” containers set forth in § 261.7(b) of these regulations after it has signed, dated, and returned a copy of the manifest to the delivering transporter or to the generator, the facility must amend its copy of the manifest to indicate the rejected wastes or residues in the discrepancy space of the amended manifest. The facility must also copy the manifest tracking number from Item 4 of the new manifest to the Discrepancy space of the amended manifest, and must re-sign and date the manifest to certify to the information as amended. The facility must retain the amended manifest for at least three years from the date of amendment, and must within 30 days, send a copy of the amended manifest to the transporter and generator that received copies prior to their being amended.
§ 264.73 Operating Record.
(a) The owner or operator must keep a written operating record at his/her facility.
(b) The following information must be recorded, as it becomes available, and maintained in the operating record until closure of the facility:
(1) A description and the quantity of each hazardous waste received, and the method(s) and date(s) of its treatment, storage, or disposal at the facility as required by Appendix I;
(2) The location of each hazardous waste within the facility and the quantity at each location. For disposal facilities, the location and quantity of each hazardous waste must be recorded on a map or diagram of each cell or disposal area using a three dimensional grid system. For all facilities, this information must include cross references to specific manifest document numbers, if the waste was accompanied by a manifest;
(3) Records and results of waste analyses and waste determinations performed as specified in § § 264.13, 264.17, 264.314, 264.341, 264.1034, 264.1063, 264.1083, 268.4(a), and
(4) Summary reports and details of all incidents that require implementing the contingency plan as specified in § 264.56(j);
(5) Records and results of inspections as required by § 264.15(d) (except these data need be kept only three years);
(6) Monitoring, testing or analytical data, and corrective action where required by Subpart F of this part and § § 264.19, 264.191, 264.193, 264.195, 264.222, 264.223, 264.226,
264.309, 264.347, 264.602, 264.1034(c) through 264.1034(f), 264.1035, 264.1063(d) through 264.1063(i), 264.1064, and 264.1082 through 264.1090 of this part.
(7) For off site facilities, notices to generators as specified in § 264.12(b); and (8) All closure cost estimates under § 266.12, and, for disposal facilities, all post closure cost estimates under § 266.13.
(9) A certification by the permittee no less often than annually, that the permittee has a program in place to reduce the volume and toxicity of hazardous waste that he/she generates to the degree determined by the permittee to be economically practicable; and the proposed method of treatment, storage or disposal is that practicable method currently available to the permittee which minimizes the present and future threat to human health and the environment.
(10) Records of the quantities (and date of placement) for each shipment of hazardous waste placed in land disposal units under an extension to the effective date of any land disposal restriction granted pursuant to 40 CFR § 268.5, a petition pursuant to 40 CFR § 268.6, or a certification under 40 CFR § 268.8, and the applicable notice required by a generator under § 268.7(a);
(11) For an off site treatment facility, a copy of the notice, and the certification and demonstration, if applicable, required by the generator or the owner or operator under §
(12) For an on site treatment facility, the information contained in the notice (except the manifest number), and the certification and demonstration if applicable, required by the generator or the owner or operator under § 268.7 or 40 CFR §268.8;
(13) For an off site land disposal facility, a copy of the notice, and the certification and demonstration if applicable, required by the generator or the owner or operator of a treatment facility under § 268.7 or 40 CFR § 268.8, whichever is applicable; and (14) For an on site land disposal facility, the information contained in the notice required by the generator or owner or operator of a treatment facility under § 268.7, except for the manifest number, and the certification and demonstration if applicable, required under 40 CFR § 268.8, whichever is applicable.
(15) For an off site storage facility, a copy of the notice, and the certification and demonstration if applicable, required by the generator or owner or operator under § 268.7 or 40 CFR § 268.8; and (16) For an on site storage facility, the information contained in the notice (except the manifest number), and the certification and demonstration if applicable, required by the generator or owner or operator under § 268.7 or 40 CFR § 268.8.
(17) Any records required under § 264 .1(j)(13) of these regulations. § 264.74 Availability, Retention, and Disposition of Records.
(a) All records, including plans, required under this part must be furnished upon request, and made available at all reasonable times for inspection, by any officer, employee, or representative of CDPHE who is duly designated by the Director.
(b) The retention period for all records required under this part is extended automatically during the course of any unresolved enforcement action regarding the facility or as requested by the Department.
(c) A copy of records in waste disposal locations and quantities under § 264.73(b)(2) must be submitted to the Department and local land authority upon closure of the facility. § 264.75 Biennial Report.
The owner or operator must prepare and submit a single copy of a biennial report to the Department, by March 1 of each even numbered year or upon the Director's request. The biennial report must be used submitted on Department form 8700 13B. The report must cover facility activities during the previous calendar year and must include the following information:
(a) The EPA identification number, name, and address of the facility;
(b) The calendar year covered by the report;
(c) For off site facilities, the EPA identification number of each hazardous waste generator from which the facility received a hazardous waste during the year; for imported shipments, the report must give the name and address of the foreign generator;
(d) A description and the quantity of each hazardous waste the facility received during the year. For off site facilities, this information must be listed by EPA identification number of each generator;
(e) The method of treatment, storage, or disposal for each hazardous waste;
(f) [Reserved] (g) The most recent closure cost estimate under § 266.12, and, for disposal facilities, the most recent post closure cost estimate under § 266.13; and (h) For generators who treat, store, or dispose of hazardous waste on site, a description of the efforts undertaken during the year to reduce the volume and toxicity of waste generated.
(i) For generators who treat, store, or dispose of hazardous waste on site, a description of the changes in volume and toxicity of waste actually achieved during the year in comparison to previous years to the extent such information is available for the years prior to 1984.
(j) The certification signed by the owner or operator of the facility or his/her authorized representative. § 264.76 Unmanifested Waste Report.
(a) If a facility accepts for treatment, storage, or disposal any hazardous waste from an off site source without an accompanying manifest, or without an accompanying shipping paper as described by § 263.20(e) of these regulations, and if the waste is not excluded from the manifest requirement by this section, then the owner or operator must prepare and submit a letter to the Department within 15 days after receiving the waste. The unmanifested waste report must contain the following information:
(1) The EPA identification number, name, and address of the facility;
(2) The date the facility received the waste;
(3) The EPA identification number, name, and address of the generator and the transporter, if available;
(4) A description and the quantity of each unmanifested hazardous waste the facility received;
(5) The method of treatment, storage, or disposal for each hazardous waste;
(6) The certification signed by the owner or operator of the facility or his/her authorized representative; and (7) A brief explanation of why the waste was unmanifested, if known.
(b) [Reserved] § 264.77 Additional Reports .
In addition to submitting the biennial report and unmanifested waste reports described in § § 264.75 and 264.76, the owner or operator must also report to the Department:
(a) Releases, fires, and explosions as specified in § 264.56(j);
(b) Facility closures specified in § 264.115;
(c) As otherwise required by Subparts F, K through N, AA, BB, and CC of this part; and (d) Annual report information for the purpose of assessing facility annual fees in accordance with §
100.31 of these regulations.
Subpart F - Ground Water Protection § 264.90 Applicability.
(a)(1) Except as provided in paragraph (b) of this section, the regulations in this subpart apply to owners or operators of facilities that treat, store, or dispose of hazardous waste. The owner or operator must satisfy the requirements identified in paragraph (a)(2) of this section for all wastes (or constituents thereof) contained in solid waste management units at the facility, regardless of the time at which waste was placed in such units.
(2) All solid waste management units must comply with the requirements in § 264.101. A surface impoundment, waste pile, and land treatment unit or landfill that receives hazardous waste after July 26, 1982 (hereinafter referred to as a "regulated unit") must comply with the requirements of § § 264.91 through 264.100 in lieu of § 264.101 for purposes of detecting, characterizing and responding to releases to the uppermost aquifer. The financial responsibility requirements of § 264.101 apply to regulated units.
(b) The owner or operator's regulated unit or units are not subject to regulation for releases into the uppermost aquifer under this subpart if:
(1) The owner or operator is exempted under § 264.1; or (2) The owner or operator operates a unit which the Department finds:
(3) The Department finds, pursuant to § 264.280(d), that the treatment zone of a land treatment unit that qualifies as a regulated unit does not contain levels of those constituents by an amount that is statistically significant, and if an unsaturated zone monitoring program meeting the requirements of § 264.278 has not shown a statistically significant increase in hazardous constituents below the treatment zone during the operating life of the unit. An exemption under this paragraph can only relieve an owner or operator of responsibility to meet the requirements of this subpart during the post-closure care period; or (4) The Department finds that there is no potential for migration of liquid from a regulated unit to the uppermost aquifer during the active life of the regulated unit (including the closure period) and the post-closure care period specified under § 264.117. This demonstration must be certified by a qualified geologist or geotechnical engineer. In order to provide an adequate margin of safety in the prediction of potential migration of liquid, the owner or operator must base any predictions made under this paragraph on assumptions that maximize the rate of liquid migration.
(5) The owner or operator designs and operates a pile in compliance with § 264.250(c).
(c) The regulations under this subpart apply during the active life of the regulated unit (including the closure period). After closure of the regulated unit, the regulations in this subpart:
(1) Do not apply if all waste, waste residues, contaminated containment system components, and contaminated subsoils are removed or decontaminated at closure;
(2) Apply during the post-closure care period under § 264.117 if the owner or operator is conducting a detection monitoring program under § 264.98; or (3) Apply during the compliance period under § 264.96 if the owner or operator is conducting a compliance monitoring program under § 264.99 or a corrective action program under § 264.100.
(d) Regulations in this subpart may apply to miscellaneous units when necessary to comply with § §
264.601 through 264.603.
(e) The regulations of this subpart apply to all owners and operators subject to the requirements of § 100.10(d) of these regulations, when the Department issues either a post-closure permit or an enforceable document (as defined in § 100.10(d)) at the facility. When the Department issues an enforceable document, references in this subpart to “in the permit” mean “in the enforceable document.”
(f) The Director may replace all or part of the requirements of § § 264.91 through 264.100 applying to a regulated unit with alternative requirements for groundwater monitoring and corrective action for releases to groundwater set out in the permit (or in an enforceable document) (as defined in § 100.10(d)) where the Director determines that:
(1) The regulated unit is situated among solid waste management units (or areas of concern), a release has occurred, and both the regulated unit and one or more solid waste management unit(s) (or areas of concern) are likely to have contributed to the release; and (2) It is not necessary to apply the groundwater monitoring and corrective action requirements of § § 264.91 through 264.100 because alternative requirements will protect human health and the environment.
§ 264.91 Required Programs.
(a) Owners and operators subject to this subpart must conduct a monitoring and response program as follows:
(1) Whenever hazardous constituents under § 264.93 from a regulated unit are detected at a compliance point under § 264.95, the owner or operator must institute a compliance monitoring program under § 264.99. Detected is defined as statistically significant evidence of contamination as described in § 264.98(f);
(2) Whenever the ground-water protection standard under § 264.92 is exceeded, the owner or operator must institute a corrective action program under § 264.100. Exceeded is defined as statistically significant evidence of increased contamination as described in § 264.99(d);
(3) Whenever hazardous constituents under § 264.93 from a regulated unit exceed concentration limits under § 264.94 in ground water between the compliance point under § 264.95 and the downgradient facility property boundary, the owner or operator must institute a corrective action program under § 264.100; or (4) In all other cases, the owner or operator must institute a detection monitoring program under § 264.98.
(b) The Department will specify in the facility permit the specific elements of the monitoring and response program. The Department may include one or more of the programs identified in paragraph (a) of this section in the facility permit as may be necessary to protect human health and the environment and will specify the circumstances under which each of the programs will be required. In deciding whether to require the owner or operator to be prepared to institute a particular program, the Department will consider the potential adverse effects on human health and the environment that might occur before final administrative action on a permit modification application to incorporate such a program could be taken. § 264.92 Ground-Water Protection Standard.
The owner or operator must comply with conditions specified in the facility permit that are designed to ensure that hazardous constituents under § 264.93 detected in the ground water from a regulated unit do not exceed the concentration limits under § 264.94 in the uppermost aquifer underlying the waste management area beyond the point of compliance under § 264.95 during the compliance period under § 264.96. The Department will establish this ground-water protection standard in the facility permit when hazardous constituents have been detected in the ground water from a regulated unit. § 264.93 Hazardous Constituents.
(a) The Department will specify in the facility permit the hazardous constituents to which the ground- water protection standard of § 264.92 applies. Hazardous constituents are constituents identified in Appendix VIII of Part 261 of these regulations that have been detected in ground water in the uppermost aquifer underlying a regulated unit and that are reasonably expected to be in or derived from waste contained in a regulated unit, unless the Department has excluded them under paragraph (b) of this section.
(b) The Department will exclude an Appendix VIII constituent from the list of hazardous constituents specified in the facility permit if he/she finds that the constituent is not capable of posing a substantial present or potential hazard to human health or the environment. In deciding whether to grant an exemption, the Department will consider the following:
(1) Potential adverse effects on ground-water quality, considering:
(2) Potential adverse effects on hydraulically-connected surface water quality, considering;
(c) In making any determination under paragraph (b) of this section about the use of ground water in the area around the facility, the Department will consider any identification of underground sources of drinking water and exempted aquifers made under 40 CFR § 144.7. § 264.94 Concentration Limits.
(a) The Department will specify in the facility permit concentration limits in the ground water for hazardous constituents established under § 264.93. The concentration of a hazardous constituent:
(1) Must not exceed the background level of that constituent in the ground water at the tune that limit is specified in the permit; or (2) For any of the constituents listed in Table 1, must not exceed the respective value given in that Table if the background level of the constituent is below the value given in Table 1; or (3) Must not exceed an alternate limit established by the Department under paragraph (b) of this section.
Table 1 - Maximum Concentration of Constituents for Ground-water Protection Constituent Maximum concentration Arsenic 0.05 Barium 1.0 Cadmium 0.01 Chromium 0.05 Lead 0.05 Mercury 0.002 Selenium 0.01 Silver 0.05 Endrin (1,2,3,4,10,10- 0.0002 hexachloro-1,7-epoxy- 1,4,4a,5,6,7,8,9a- octahydro-1, 4-endo, endo-5,8-dimethano naphthalene)
Lindane (1,2,3,4,5,6- 0.004 hexachlorocyclohexane, gamma isomer)
Methoxychlor (1,1,1- 0.1 Trichloro-2,2-bis (p- methoxyphenylethane)
Toxaphene (C l0 H 10 Cl 0.005 6 , Technical chlorinated camphene, 67-69 percent chlorine)
2,4-D (2,4- 0.1 Dichlorophenoxyacetic acid)
2,4,5-TP Silvex (2,4,5- 0.01 Trichlorophenoxypropion ic acid)
1 Milligrams per liter.
(b) The Director will establish an alternate concentration limit for a hazardous constituent if he/she finds that the constituent will not pose a substantial present or potential hazard to human health or the environment as long as the alternate concentration limit is not exceeded. In establishing alternate concentration limits, the Director will consider the following factors:
(1) Potential adverse effects on ground-water quality considering:
(2) Potential adverse effects on hydraulically-connected surface-water quality, considering:
(c) In making any determination under paragraph (b) of this section about the use of ground water in the area around the facility the Department will consider any identification of underground sources of drinking water and exempted aquifers made under 40 CFR § 122.35. § 264.95 Point of Compliance.
(a) The Department will specify in the facility permit the point of compliance at which the ground-water protection standard of § 264.92 applies and at which monitoring must be conducted. The point of compliance is a vertical surface located at the hydraulically downgradient limit of the waste management area that extends down into the uppermost aquifer underlying the regulated units.
(b) The waste management area is the limit projected in the horizontal plane of the area on which waste will be placed during the active life of a regulated unit.
(1) The waste management area includes horizontal space taken up by any liner, dike, or other barrier designed to contain waste in a regulated unit.
(2) If the facility contains more than one regulated unit, the waste management area is described by an imaginary line circumscribing the several regulated units. § 264.96 Compliance Period.
(a) The Department will specify in the facility permit the compliance period during which the ground-water protection standard of § 264.92 applies. The compliance period is the number of years equal to the active life of the waste management area (including any waste management activity prior to permitting, and the closure period.)
(b) The compliance period begins when the owner or operator initiates a compliance monitoring program meeting the requirements of § 264.99.
(c) If the owner or operator is engaged in a corrective action program at the end of the compliance period specified in paragraph (a) of this section, the compliance period is extended until the owner or operator can demonstrate that the ground-water protection standard of § 264.92 has not been exceeded for a period of three consecutive years.
§ 264.97 General Ground-Water Monitoring Requirements.
The owner or operator must comply with the following requirements for any ground-water monitoring program developed to satisfy § 264.98, § 264.99, or § 264.100:
(a) The ground-water monitoring system must consist of a sufficient number of wells, installed at appropriate locations and depths to yield ground-water samples from the uppermost aquifer that:
(1) Represent the quality of background water that has not been affected by leakage from a regulated unit;
(2) Represent the quality of ground water passing the point of compliance.
(3) Allow for the detection of contamination when hazardous waste or hazardous constituents have migrated from the waste management area to the uppermost aquifer.
(b) If a facility contains more than one regulated unit, separate ground-water monitoring systems are not required for each regulated unit provided that provisions for sampling the ground water in the uppermost aquifer will enable detection and measurement at the compliance point of hazardous constituents from the regulated units that have entered the ground water in the uppermost aquifer.
(c) All monitoring wells must be cased in a manner that maintains the integrity of the monitoring-well bore hole. This casing must be screened or perforated and packed with gravel or sand, where necessary, to enable collection of ground-water samples. The annular space (i.e., the space between the bore hole and well casing) above the sampling depth must be sealed to prevent contamination of samples and the ground water.
(d) The ground-water monitoring program must include consistent sampling and analysis procedures that are designed to ensure monitoring results that provide a reliable indication of ground-water quality below the waste management area. At a minimum the program must include procedures and techniques for:
(1) Sample collection;
(2) Sample preservation and shipment;
(3) Analytical procedures; and (4) Chain of custody control.
(e) The ground-water monitoring program must include sampling and analytical methods that are appropriate for ground-water sampling and that accurately measure hazardous constituents in ground-water samples.
(f) The ground-water monitoring program must include a determination of the ground-water surface elevation each time ground water is sampled.
(g) In detection monitoring or where appropriate in compliance monitoring, data on each hazardous constituent specified in the permit will be collected from background wells and wells at the compliance point(s). The number and kinds of samples collected to establish background shall be appropriate for the form of statistical test employed, following generally accepted statistical principles. The sample size shall be as large as necessary to ensure with reasonable confidence that a contaminant release to ground water from a facility will be detected. The owner or operator will determine an appropriate sampling procedure and interval for each hazardous constituent listed in the facility permit which shall be specified in the unit permit upon approval by the Department. This sampling procedure shall be:
(1) A sequence of at least four samples, taken at an interval that assures, to the greatest extent technically feasible, that an independent sample is to be obtained, by reference to the uppermost aquifer's porosity, hydraulic conductivity, and hydraulic gradient, and the fate and transport characteristics of the potential contaminants, or (2) An alternative sampling procedure proposed by the owner or operator and approve by the Department.
(3) In developing the data base used to determine a background value for each parameter or constituent, the owner or operator must take a minimum of one sample from each well and a minimum of four samples from the entire system used to determine background ground-water quality, each time the system is sampled.
(h) The owner or operator will specify one of the following statistical methods to be used in evaluation ground-water monitoring data for each hazardous constituent which, upon approval by the Department, will be specified in the unit permit. The statistical test chosen shall be conducted separately for each hazardous constituent in each well. Where practical quantification limits (pql's) are used in any of the following statistical procedures to comply with § 264.97(i)(5), the pql must be proposed by the owner or operator and approved by the Department. Use of any of the following statistical methods must be protective of human health and the environment and must comply with the performance standards outlined in paragraph (i) of this section.
(1) A parametric analysis of variance (ANOVA) followed by multiple comparisons procedures to identify statistically significant evidence of contamination. The method must include estimation and testing of the contrasts between each compliance well's mean and the background mean levels for each constituent.
(2) An analysis of variance (ANOVA) based on ranks followed by multiple comparisons procedures to identify statistically significant evidence of contamination. The method must include estimation and testing of the contrasts between each compliance well's median and the background median levels for each constituent.
(3) A tolerance or prediction interval procedure in which an interval for each constituent is established from the distribution of the background data, and the level of each constituent in each compliance well is compared to the upper tolerance or prediction limit.
(4) A control chart approach that gives control limits for each constituent.
(5) Another statistical test method submitted by the owner or operator and approved by the Department.
(i) Any statistical method chosen under § 264.97(h) for specification in the unit permit shall comply with the following performance standards, as appropriate:
(1) The statistical method used to evaluate ground-water monitoring data shall be appropriate for the distribution of chemical parameters or hazardous constituents. If the distribution of the chemical parameters or hazardous constituents is shown by the owner or operator to be inappropriate for a normal theory test, then the data should be transformed or a distribution-free theory test should be used. If the distributions for the constituents differ, more than one statistical test may be needed.
(2) If an individual well comparison procedure is used to compare an individual compliance well constituent concentration with background constituent concentrations or a ground-water protection standard, the test shall be done at a Type I error level no less than 0.01 for each testing period. If a multiple comparisons procedure is used, the Type I experimentwise error rate for each testing period shall be no less than 0.05; however, the Type I error of no less than 0.01 for individual well comparisons must be maintained. This performance standard does not apply to tolerance intervals, prediction intervals or control charts.
(3) If a control chart approach is used to evaluate groundwater monitoring data, the specific type of control chart and its associated parameter values shall be proposed by the owner or operator and approved by the Department if the Department finds it to be protective of human health and the environment.
(4) If the tolerance interval or a prediction interval is used to evaluate ground water monitoring data, the levels of confidence and, for tolerance intervals, the percentage of the population that the interval must contain, shall be proposed by the owner or operator and approved by the Department if the Department finds these parameters to be protective of human health and the environment. These parameters will be determined after considering the number of samples in the background data base, the data distribution, and the range of the concentration values for each constituent of concern.
(5) The statistical method shall account for data below the limit of detection with one or more statistical procedures that are protective of human health and the environment. Any practical quantification limit (pql) approved by the Department under § 264.97(h) that is used in the statistical method shall be the lowest concentration level that can be reliably achieved within specified limits of precision and accuracy during routine laboratory operating conditions that are available to the facility.
(6) If necessary, the statistical method shall include procedures to control or correct for seasonal and spatial variability as well as temporal correlation in the data.
(j) Ground-water monitoring data collected in accordance with paragraph (g) of this section including actual levels of constituents must be maintained in the facility operating record. The Department will specify in the permit when the data must be submitted for review. § 264.98 Detection Monitoring Program.
An owner or operator required to establish a detection monitoring program under this subpart must, at a minimum, discharge the following responsibilities:
(a) The owner or operator must monitor for indicator parameters (e.g., specific conductance, total organic carbon, or total organic halogen), waste constituents, or reaction products that provide a reliable indication of the presence of hazardous constituents in ground water. The Department will specify the parameters or constituents to be monitored in the facility permit, after considering the following factors:
(1) The types, quantities, and concentrations of constituents in wastes managed at the regulated unit;
(2) The mobility, stability, and persistence of waste constituents or their reaction products in the unsaturated zone beneath the waste management area;
(3) The detectability of indicator parameters, waste constituents, and reaction products in ground water; and (4) The concentrations or values and coefficients of variation of proposed monitoring parameters or constituents in the ground-water background.
(b) The owner or operator must install a ground-water monitoring system at the compliance point as specified under § 264.95. The ground-water monitoring system must comply with § 264.97(a)(2), (b), and (c).
(c) The owner or operator must conduct a ground-water monitoring program for each chemical parameter and hazardous constituent specified in the permit pursuant to paragraph (a) of this section in accordance with § 264.97(g). The permit will specify the background values for each parameter or specify the procedures to be used to calculate the background values. The owner or operator must comply with § 264.97(g) in developing the data base used to determine background values. The owner or operator must maintain a record of ground-water analytical data as measured and in a form necessary for the determination of statistical significance under § 264.97(h). In taking samples used in the determination of background values, the owner or operator must use a ground-water monitoring system that complies with § 264.97(a)(1),(b), and (c).
(d) The Department will specify the frequencies for collecting samples and conducting statistical tests to determine whether there is statistically significant evidence of contamination for any parameter or hazardous constituent specified in the permit under paragraph (a) of this section in accordance with § 264.97(g). A sequence of at least four samples from each well (background and compliance wells) must be collected at least semi-annually during detection monitoring.
(e) The owner or operator must determine the ground water flow rate and direction in the uppermost aquifer at least annually.
(f) The owner or operator must determine whether there is statistically significant evidence of contamination for any chemical parameter of hazardous constituent specified in the permit pursuant to paragraph (a) of this section at a frequency specified under paragraph (d) of this section.
(1) In determining whether statistically significant evidence of contamination exists, the owner or operator must use the method(s) specified in the permit under § 264.97(h). These method(s) must compare data collected at the compliance point(s) to the background ground-water quality data.
(2) The owner or operator must determine whether there is statistically significant evidence of contamination at each monitoring well at the compliance point within a reasonable period of time after completion of sampling. The Department will specify in the facility permit what period of time is reasonable, after considering the complexity of the statistical test and the availability of laboratory facilities to perform the analysis of ground-water samples.
(g) If the owner or operator determines pursuant to paragraph (f) of this section that there is statistically significant evidence of contamination for chemical parameters or hazardous constituents specified pursuant to paragraph (a) of this section at any monitoring well at the compliance point, he or she must:
(1) Notify the Department of this finding in writing within seven days. The notification must indicate what chemical parameters or hazardous constituents have shown statistically significant evidence of contamination;
(2) Immediately sample the ground water in all monitoring wells and determine whether constituents in the list of Appendix IX of Part 264 are present, and if so, in what concentration.
(3) For any Appendix IX compounds found in the analysis pursuant to paragraph (g)(2) of this section, the owner or operator may resample within one month and repeat the analysis for those compounds detected. If the results of the second analysis confirm the initial results, then these constituents will form the basis for compliance monitoring. If the owner or operator does not resample for the compounds found pursuant to paragraph (g)(2) of this section, the hazardous constituents found during this initial Appendix IX analysis will form the basis for compliance monitoring.
(4) Within 90 days submit to the Department an application for a permit modification to establish a compliance monitoring program meeting the requirements of § 264.99. The application must include the following information:
(5) Within 180 days, submit to the Department:
(6) If the owner or operator determines, pursuant to paragraph (f) of this section, that there is a statistically significant difference for chemical parameters or hazardous constituents specified pursuant to paragraph (a) of this section at any monitoring well at the compliance point, he or she may demonstrate that a source other than a regulated unit caused the contamination or that the detection is an artifact caused by an error in sampling, analysis, or statistical evaluation or natural variation in the ground water. The owner/operator may make a demonstration under this paragraph in addition to, or in lieu of, submitting a permit modification application under paragraph (g)(4) of this section; however, the owner or operator is not relieved of the requirement to submit a permit modification application within the time specified in paragraph (g)(4) of this section unless the demonstration made under this paragraph successfully shows that a source other than a regulated unit caused the increase, or that the increase resulted from error in sampling, analysis, or evaluation. In making a demonstration under this paragraph, the owner or operator must:
(h) If the owner or operator determines that the detection monitoring program no longer satisfies the requirement of this section, he or she must, within 90 days, submit an application for a permit modification to make any appropriate changes to the program. § 264.99 Compliance Monitoring Program.
An owner or operator required to establish a compliance monitoring program under this subpart must, at a minimum, discharge the following responsibilities:
(a) The owner or operator must monitor the ground-water to determine whether regulated units are in compliance with the ground-water protection standard under § 264.92. The Department will specify the ground-water protection standard in the facility permit including:
(1) A list of the hazardous constituents identified under § 264.93;
(2) Concentration limits under § 264.94 for each of these hazardous constituents;
(3) The compliance point under § 264.95; and (4) The compliance period under § 264.96.
(b) The owner or operator must install a ground-water monitoring system at the compliance point as specified under § 264.95. The ground-water monitoring system must comply with § 264.97(a)(2), (b), and (c).
(c) The Department will specify the sampling procedures and statistical methods appropriate for the constituents and the facility, consistent with § 264.97(g) and (h).
(1) The owner or operator must conduct a sampling program for each chemical parameter or hazardous constituent in accordance with § 264.97(g).
(2) The owner or operator must record ground-water analytical data as measured and in form necessary for the determination of statistical significance under § 264.97(h) for the compliance period of the facility.
(3) The owner or operator must:
(d) The owner or operator must determine whether there is statistically significant evidence of increased contamination for any chemical parameter or hazardous constituent specified in the permit, pursuant to paragraph (a) of this section, at a frequency specified under paragraph (f) under this section.
(1) In determining whether statistically significant evidence of increased contamination exists, the owner or operator must use the method(s) specified in the permit under § 264.97(h). The method(s) must compare data collected at the compliance point(s) to a concentration limit developed in accordance with § 264.94.
(2) The owner or operator must determine whether there is statistically significant evidence of increased contamination at each monitoring well at the compliance point within a reasonable time period after completion of sampling. The Department will specify that time period in the facility permit, after considering the complexity of the statistical test and the availability of laboratory facilities to perform the analysis of ground-water samples.
(e) The owner or operator must determine the ground-water flow rate and direction in the uppermost aquifer at least annually.
(f) The Department will specify the frequencies for collecting samples and conducting statistical tests to determine statistically significant evidence of increased contamination in accordance with § 264.97(g). A sequence of at least four samples from each well (background and compliance wells) must be collected at least semi-annually during the compliance period of the facility.
(g) The owner or operator roust analyze samples from all monitoring wells at the compliance point for all constituents contained in Appendix IX of Part 264 at least annually to determine whether additional hazardous constituents are present in the uppermost aquifer and, if so, at what concentration, pursuant to procedures in § 264.98(f). If the owner or operator finds Appendix IX constituents in the ground water that are not already identified in the permit as monitoring constituents, the owner or operator may resample within one month and repeat the Appendix IX analysis. If the second analysis confirms the presence of new constituents, the owner or operator must report the concentration of these additional constituents to the Department within seven days after the completion of the second analysis and add them to the monitoring list. If the owner or operator chooses not to resample, then he or she must report the concentrations of these additional constituents to the Department within seven days after completion of the initial analysis and add them to the monitoring list.
(h) If the owner or operator determines, pursuant to paragraph (d) of this section that any concentration limits under § 264.94 are being exceeded at any monitoring well at the point of compliance he or she must:
(1) Notify the Department of this finding in writing within seven days. The notification must indicate what concentration limits have been exceeded.
(2) Submit to the Department an application for a permit modification to establish a corrective action program meeting the requirements of § 264.100 within 180 days or within 90 days if an engineering feasibility study has been previously submitted to the Department under § 264.98 (g)(5). The application must at a minimum include the following information:
(i) If the owner or operator determines, pursuant to paragraph (d) of this section, that the ground-water concentration limits under this section are being exceeded at any monitoring well at the point of compliance, he or she may demonstrate that a source other than a regulated unit caused the contamination or that the detection is an artifact caused by an error in sampling, analysis, or statistical evaluation or natural variation in the ground water. In making a demonstration under this paragraph, the owner or operator must:
(1) Notify the Department in writing within seven days that he/she intends to make a demonstration under this paragraph;
(2) Within 90 days, submit a report to the Department which demonstrates that a source other than a regulated unit caused the standard to be exceeded or that the apparent noncompliance with the standards resulted from error in sampling analysis, or evaluation;
(3) Within 90 days, submit to the Department an application for a permit modification to make any appropriate changes to the compliance monitoring program at the facility; and (4) Continue to monitor in accord with the compliance monitoring program established under this section.
(j) If the owner or operator determines that the compliance monitoring program no longer satisfies the requirements of this section, he/she must, within 90 days, submit an application for a permit modification to make any appropriate changes to the program. § 264.100 Corrective Action Program.
An owner or operator required to establish a corrective action program under this subpart must, at a minimum, discharge the following responsibilities:
(a) The owner or operator must take corrective action to ensure that regulated units are in compliance with the ground-water protection standard under § 264.92. The Department will specify the ground-water protection standard in the facility permit, including:
(1) A list of the hazardous constituents identified under § 264.93;
(2) Concentration limits under § 264.94 for each of those hazardous constituents;
(3) The compliance point under § 264.95; and (4) The compliance period under § 264.96.
(b) The owner or operator must implement a corrective action program that prevents hazardous constituents from exceeding their respective concentration limits at the compliance point by removing the hazardous waste constituents or treating them in place. The permit will specify the specific actions that will be taken.
(c) The owner or operator must begin corrective action within a reasonable time period after the ground- water protection standard is exceeded. The Department will specify that time period in the facility permit. If a facility permit includes a corrective action program in addition to a compliance monitoring program, the permit will specify when the corrective action will begin and such a requirement will operate in lieu of § 264.99(i)(2).
(d) In conjunction with a corrective action program, the owner or operator must establish and implement a ground-water monitoring program to demonstrate the effectiveness of the corrective action program. Such a monitoring program may be based on the requirements for a compliance monitoring program under § 264.99 and must be as effective as that program in determining compliance with the ground-water protection standard under § 264.92 and in determining the success of a corrective action program under paragraph (e) of this section, where appropriate.
(e) In addition to the other requirements of this section, the owner or operator must conduct a corrective action program to remove or treat in place any hazardous constituents under § 264.93 that exceed concentration limits under § 264.94 in ground water:
(1) Between the compliance point under § 264.95 and the downgradient property boundary, and (2) Beyond the facility boundary, where necessary to protect human health and the environment, unless the owner or operator demonstrates to the satisfaction of the Department that, despite the owner or operator's best efforts, the owner or operator was unable to obtain the necessary permission to undertake such action. The owner/operator is not relieved of all responsibility to clean up a release that has migrated beyond the facility boundary where off-site access is denied. On-site measures to address such releases will be determined on a case-by-case basis. The provisions of this paragraph shall apply to all regulated units, except land treatment units, including any new units, replacements of existing units, or lateral expansions of existing units. The permit will specify the measures to be taken.
(3) Corrective action measures under this paragraph must be initiated and completed within a reasonable period of time considering the extent of contamination.
(4) Corrective action measures under this paragraph may be terminated once the concentration of hazardous constituents under § 264.93 is reduced to levels below their respective concentration limits under § 264.94.
(f) The owner or operator must continue corrective action measures during the compliance period to the extent necessary to ensure that the ground-water protection standard is not exceeded. If the owner or operator is conducting corrective action at the end of the compliance period, he/she must continue that corrective action for as long as necessary to achieve compliance with the ground-water protection standard. The owner or operator may terminate corrective action measures taken beyond the period equal to the active life of the waste management area (including the closure period) if he/she can demonstrate, based on data from the ground-water monitoring program under paragraph (d) of this section, that the ground-water protection standard of § 264.92 has not been exceeded for a period of three consecutive years.
(g) The owner or operator must report in writing to the Department on the effectiveness of the corrective action program. The owner or operator must submit these reports semi-annually.
(h) If the owner or operator determines that the corrective action program no longer satisfies the requirements of this section, he/she must within 90 days, submit an application for a permit modification to make appropriate changes to the program. § 264.101 Corrective Action for Solid Waste Management Units.
(a) The owner or operator of a facility seeking a permit for the treatment, storage or disposal of hazardous waste must institute corrective action as necessary to protect human health and the environment for all releases of hazardous waste or constituents from any solid waste management unit at the facility, regardless of the time at which waste was placed in such unit.
(b) Corrective action will be specified in the permit in accordance with this section and Subpart S of this part. The permit will contain schedules of compliance for such corrective action (where such corrective action cannot be completed prior to issuance of the permit) and assurances of financial responsibility for completing such corrective action.
(c) The owner or operator must implement corrective actions:
(1) Between the solid waste management unit and the down gradient facility boundary; and (2) Beyond the facility boundary, where necessary to protect human health and the environment, unless the owner or operator demonstrates to the satisfaction of the Department that, despite the owner's or operator's best efforts, the owner or operator was unable to obtain the necessary permission to undertake such actions. The owner/operator is not relieved of all responsibility to clean up a release that has migrated beyond the facility boundary where off-site access is denied. On-site measures to address such releases will be determined on a case-by-case basis. Assurances of financial responsibility for such corrective action must be provided.
(d) This does not apply to remediation waste management sites unless they are part of a facility subject to a permit for treating, storing or disposing of hazardous wastes that are not remediation wastes. § 264.102 through § 264.109 [Reserved] Subpart G - Closure and Post-Closure § 264.110 Applicability.
Except as § 264.1 provides otherwise:
(a) Sections 264.111 through 264.115 (which concern closure) apply to the owners and operators of all hazardous waste management facilities; and (b) Sections 264.116 through 264.120 (which concern post-closure care) apply to the owners and operators of:
(1) All hazardous waste disposal facilities;
(2) Waste piles, and surface impoundments from which the owner or operator intends to remove the wastes at closure, to the extent that these sections are made applicable to such facilities in § 264.228 or § 264.258;
(3) Tank systems that are required under § 264.197 to meet the requirements for landfills; and (4) Containment buildings that are required under § 264.1102 to meet the requirements for landfills.
(c) The Director may replace all or part of the requirements of this subpart (and the unit-specific standards referenced in § 264.111(c) applying to a regulated unit), with alternative requirements set out in a permit or in an enforceable document (as defined in § 100.10(d) of these regulations), where the Director determines that:
(1) The regulated unit is situated among solid waste management units (or areas of concern), a release has occurred, and both the regulated unit and one or more solid waste management unit(s) (or areas of concern) are likely to have contributed to the release; and (2) It is not necessary to apply the closure requirements of this subpart (and those referenced herein) because the alternative requirements will protect human health and the environment and will satisfy the closure performance standard of § 264.111 (a) and (b). § 264.111 Closure Performance Standard.
The owner or operator must 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 run-off, or hazardous waste decomposition products to the ground or surface waters or to the atmosphere; and (c) Complies with the closure requirements of this subpart, including, but not limited to, the requirements of § § 264.178, 264.197, 264.228, 264.258, 264.280, 264.310, 264.351, 264.601 through 264.603, and 264.1102.
§ 264.112 Closure Plan; Amendment Of Plan.
(a) Written plan.
(1) The owner or operator of a hazardous waste management facility must have a written closure plan. In addition, certain surface impoundments and waste piles from which the owner or operator intends to remove or decontaminate the hazardous waste at partial or final closure are required by § § 264.228(c)(1)(i) and 264.258(c)(1)(i) to have contingent closure plans. The plan must be submitted with the permit application, in accordance with § l00.41(a)(13) of these regulations, and approved by the Department as part of the permit issuance procedures under part 100 of these regulations. In accordance with §
(2) The Department's approval of the plan must assure that the approved closure plan is consistent with § §264.111 through 264.115 and the applicable requirements of Subpart F of this part, § § 264.178, 264.197, 264.228, 264.258, 264.280, 264.310, 264.351, 264.601, and 264.1102. Until final closure is completed and certified in accordance with § 264.115, a copy of the approved plan and all approved revisions must be furnished to the Department upon request, including requests by mail.
(b) Content of plan. The plan must identify steps necessary to perform partial and/or final closure of the facility at any point during its active life. The closure plan must include, at least:
(1) A description of how each hazardous waste management unit at the facility will be closed in accordance with § 264.111;
(2) A description of how final closure of the facility will be conducted in accordance with § 264.111. The description must identify the maximum extent of the operations which will be unclosed during the active life of the facility; and (3) An estimate of the maximum inventory of hazardous wastes ever on-site over the active life of the facility and a detailed description of the methods to be used during partial closures and final closure, including, but not limited to, methods for removing, transporting, treating, storing, or disposing of all hazardous wastes, and identification of the type(s) of the off-site hazardous waste management units to be used, if applicable; and (4) A detailed description of the steps needed to remove or decontaminate all hazardous waste residues and contaminated containment system components, equipment, structures, and soils during partial and final closure, including, but not limited to, procedures for cleaning equipment and removing contaminated soils, methods for sampling and testing surrounding soils, and criteria for determining the extent of decontamination required to satisfy the closure performance standard; and (5) A detailed description of other activities necessary during the closure period to ensure that all partial closures and final closure satisfy the closure performance standards, including, but not limited to, ground-water monitoring, leachate collection, and run-on and run-off control; and (6) A schedule for closure of each hazardous waste management unit and for final closure of the facility. The schedule must include, at a minimum, the total time required to close each hazardous waste management unit and the time required for intervening closure activities which will allow tracking of the progress of partial and final closure. (For example, in the case of a landfill unit, estimates of the time required to treat or dispose of all hazardous waste inventory and of the time required to place a final cover must be included.) (7) For facilities that use trust funds to establish financial assurance under § 266.14 and that are expected to close prior to the expiration of the permit, an estimate of the expected year of final closure.
(8) For facilities where the Director has applied alternative requirements at a regulated unit under § § 264.90(f), 264.110(c), and/or § 266.10(d), either the alternative requirements applying to the regulated unit, or a reference to the enforceable document containing those alternative requirements.
(c) Amendment of plan. The owner or operator must submit a written notification of or request for a permit modification to authorize a change in operating plans, facility design, or the approved closure plan in accordance with the applicable procedures in Part 100. The written notification or request must include a copy of the amended closure plan for review or approval by the Department.
(1) The owner or operator may submit a written notification or request to the Director for a permit modification to amend the closure plan at any time prior to the notification of partial or final closure of the facility.
(2) The owner or operator must submit a written notification of or request for a permit modification to authorize a change in the approved closure plan whenever:
(3) The owner or operator must submit a written request for a permit modification, including a copy of the amended closure plan, for approval at least 60 days prior to the proposed change in facility design or operation, or no later than 60 days after an unexpected event has occurred which has affected the closure plan. If an unexpected event occurs during the partial or final closure period, the owner or operator must request a permit modification no later than 30 days after the unexpected event. An owner or operator of a surface impoundment or waste pile who intends to remove all hazardous waste at closure and is not otherwise required to prepare a contingent closure plan under § 264.228(c)(1)
(4) The Department may request modifications to the plan under the conditions described in § 264.112(c)(2). The owner or operator must submit the modified plan within 60 days of the Department's request, or within 30 days if the change in facility conditions occurs during partial or final closure. Any modifications requested by the Department will be approved in accordance with procedures in Part 100.
(d) Notification of partial closure and final closure.
(1) The owner or operator must notify the Department in writing at least 60 days prior to the date on which he/she expects to begin closure of a surface impoundment, waste pile, land treatment or landfill unit, or final closure of a facility with such a unit. The owner or operator must notify the Department in writing at least 45 days prior to the date on which he/she expects to begin final closure of a facility with only treatment or storage tanks, container storage, or incinerator units to be closed. The owner or operator must notify the Department in writing at least 45 days prior to the date on which he/she expects to begin partial or final closure of a boiler or industrial furnace, whichever is earlier.
(2) The date when he/she “expects to begin closure” must be either:
(3) If the facility's permit is terminated, or if the facility is otherwise ordered, by judicial decree, State compliance order, State corrective action order, or final decree under Section 3008 of RCRA, to cease receiving hazardous wastes or to close, then the requirements of this paragraph do not apply. However, the owner or operator must close the facility in accordance with the deadlines established in § 264.113.
(e) Removal of wastes and decontamination or dismantling of equipment. Nothing in this section shall preclude the owner or operator from removing hazardous wastes and decontaminating or dismantling equipment in accordance with the approved partial or final closure plan at any time before or after notification of partial or final closure. § 264.113 Closure; Time Allowed for Closure.
(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 paragraphs (d) and (e) of this section, at a hazardous waste management unit or facility, the owner or operator must 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 complies with all applicable requirements for requesting a modification to the permit and demonstrates that:
(1)(i) The activities required to comply with this paragraph will, of necessity, take longer than 90 days to complete; or (ii)(A) 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 owner or operator complies with paragraphs (d) and (e) of this section; and
(2) The owner or operator has taken and will continue to take all steps to prevent threats to human health and the environment, including compliance with all applicable permit requirements.
(b) The owner or operator must complete partial and final closure activities in accordance with the approved closure plan and within 180 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 paragraphs (d) and (e) of this section, at the hazardous waste management unit or facility. The Department may approve an extension to the closure period if the owner or operator complies with all applicable requirements for requesting a modification to the permit and demonstrates that:
(1)(i) The partial or final closure activities will, of necessity, take longer than 180 days to complete; or (ii)(A) 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 owner or operator complies with paragraphs (d) and (e) of this section; and
(2) The owner or operator has taken and will continue to take all steps to prevent threats to human health and the environment from the unclosed but not operating hazardous waste management unit or facility, including compliance with all applicable permit requirements.
(c) The demonstrations referred to in paragraphs (a)(1) and (b)(1) of this section must be made as follows:
(1) The demonstrations in paragraph (a)(1) of this section must be made at least 30 days prior to the expiration of the 90 day period in paragraph (a) of this section; and (2) The demonstration in paragraph (b)(1) of this section must be made at least 30 days prior to the expiration of the 180-day period in paragraph (b) of this section, unless the owner or operator is otherwise subject to the deadlines in paragraph (d) of this section.
(d) The Department may allow an owner or operator to receive only non-hazardous wastes in a landfill, land treatment, or surface impoundment unit after the final receipt of hazardous wastes at that unit if:
(1) The owner or operator requests a permit modification in compliance with all applicable requirements in Part 100 of these regulations, and in the permit modification request demonstrate that:
(2) The request to modify the permit includes an amended waste analysis plan, ground-water monitoring and response program, human exposure assessment required under RCRA section 3019, and closure and post-closure plans, and updated cost estimates and demonstrations of financial assurance for closure and post-closure care as necessary and appropriate, to reflect any changes due to the presence of hazardous constituents in the non-hazardous wastes, and changes in closure activities, including the expected year of closure if applicable under § 264.112(b)(7), as a result of the receipt of non-hazardous wastes following the final receipt of hazardous wastes; and (3) The request to modify the permit includes revisions, as necessary and appropriate, to affected conditions of the permit to account for the receipt of non-hazardous wastes following receipt of the final volume of hazardous wastes; and (4) The request to modify the permit and the demonstrations referred to in paragraphs (d)(1) and (d)(2) of this section are submitted to the Department no later than 120 days prior to the date on which the owner or operator of the facility receives the known final volume of hazardous wastes at the unit, or no later than 90 days after the effective date of this rule in Colorado, whichever is later.
(e) In addition to the requirements in paragraph (d) of this section, an owner or operator of a hazardous waste surface impoundment that is not in compliance with the liner and leachate collection system requirements in 42 U.S.C. 3004(o)(1) and 3005(j)(1) or 42 U.S.C. 3004(o)(2) or (3) or 3005(j)(2), (3), (4) or (13) must:
(1) Submit with the request to modify the permit:
(2) Remove all hazardous wastes from the unit by removing all hazardous liquids, and removing all hazardous sludges to the extent practicable without impairing the integrity of the liner(s), if any.
(3) Removal of hazardous wastes must be completed no later than 90 days after the final receipt of hazardous wastes. The Department may approve an extension to this deadline if the owner or operator demonstrates that the removal of hazardous wastes will, of necessity, take longer than the allotted period to complete and that an extension will not pose a threat to human health and the environment.
(4) If a release that is a statistically significant increase (or decrease in the case of pH) over background values for detection monitoring parameters or constituents specified in the permit or that exceeds the facility's ground-water protection standard at the point of compliance, if applicable, is detected in accordance with the requirements in Subpart F of this part, the owner or operator of the unit:
(5) During the period of corrective action, the owner or operator shall provide semi-annual reports, or more frequently as may be provided in the corrective action plan, to the Department that describe the progress of the corrective action program, compile all ground-water monitoring data, and evaluate the effect of the continued receipt of non- hazardous wastes on the effectiveness of the corrective action.
(6) The Department may require the owner or operator to commence closure of the unit if the owner or operator fails to implement corrective action measures in accordance with the approved contingent corrective measures plan within one year as required in paragraph (e)(4) of this section, or fails to make substantial progress in implementing corrective action and achieving the facility's ground-water protection standard or background levels if the facility has not yet established a ground-water protection standard.
(7) If the owner or operator fails to implement corrective measures as required in paragraph (e)
§ 264.115 Certification of Closure and Submission of Draft Environmental Covenant.
(a) 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 the completion of final closure, the owner or operator must 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 must be signed by the owner or operator and by an independent registered professional engineer. Documentation supporting the independent registered professional engineer's certification must be furnished to the Department upon request until the Department releases the owner or operator from the financial assurance requirements for closure under § 266.14(l).
(b) No later than 30 days prior to completion of the final closure of a unit described in § 264.110(b), the owner or operator must submit to the Department, by registered mail, a proposed environmental covenant, together with such title information as the Department may request. § 264.116 Survey Plat.
No later than the submission of the certification of closure of each hazardous waste disposal unit, the owner or operator must 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 landfills cells or other hazardous waste disposal units with respect to permanently surveyed benchmarks. This plat must be prepared and certified by a professional land surveyor. The plat filed with the local zoning authority, or the authority with jurisdiction over local land use, must contain a note, prominently displayed, which:
(a) States the owner's or operator's obligation to restrict disturbance of the hazardous waste disposal unit in accordance with the applicable Subpart G regulations; and (b) References the property’s environmental covenant.
§ 264.117 Post Closure Care and Use of Property.
(a)(1) Post closure care for each hazardous waste management unit subject to the requirements of '' § § 264.117 264.120 must begin after completion of closure of the unit and continue for 30 years after that date and must consist of at least the following:
(2) Any time preceding partial closure of a hazardous waste management unit subject to post closure care requirements or final closure, or any time during the post closure period for a particular unit, the Department may, in accordance with the permit modification procedures in Part 100:
(b) The Department may require, at partial and final closure, continuation of any of the security requirements of § 264.14 during part or all of the post closure period after the date of completing closure when:
(1) Hazardous wastes may remain exposed after completion of partial or final closure; or (2) Access by the public or domestic livestock may pose a hazard to human health.
(c) Post closure use of property on or in which hazardous wastes remain after partial or final closure must never be allowed to disturb the integrity of the final cover, liner(s), or any other components of any containment system, or the function of the facility's monitoring systems, unless:
(1) The Department finds that the disturbance is necessary to the proposed use of the property, and will not increase the potential hazard to human health or the environment, or is necessary to reduce a threat to human health or the environment; and (2) If applicable, the environmental covenant is modified or terminated accordingly.
(d) All post closure care activities must be in accordance with the provisions of the approved post closure plan as specified in § 264.118.
§ 264.118 Post Closure Plan; Amendment of Plan.
(a) Written plan. The owner or operator of a hazardous waste disposal unit must have a written post closure plan. In addition, certain waste piles and surface impoundments from which the owner or operator intends to remove or decontaminate the hazardous wastes at partial or final closure are required by § § 264.228(c)(1)(ii) and 264.258(c)(1)(ii) to have contingent post closure plans. Owners or operators of surface impoundments and waste piles not otherwise required to prepare contingent post closure plans under § § 264.228(c)(1)(ii) and 264.258(c)(1)(ii) must submit a post closure plan to the Department within 90 days from the date that the owner or operator or Department determines that the hazardous waste management unit must be closed as a landfill, subject to the requirements of § § 264.117 through 264.120. The plan must be submitted with the permit application, in accordance with § 100.41(a)(13) of these regulations, and approved by the Department as part of the permit issuance procedures under Part 100 of these regulations. In accordance with § 100.43 of these regulations, the approved post closure plan will become a condition of any permit issued.
(b) For each hazardous waste management unit subject to the requirements of this section, the post closure plan must identify the activities that will be carried on after closure of each disposal unit and the frequency of these activities, and include at least:
(1) A description of the planned monitoring activities and frequencies at which they will be performed to comply with Subparts F, K, L, M, N, and X of this part during the post closure care period;
(2) A description of the planned maintenance activities, and frequencies at which they will be performed, to ensure:
(3) The name, address, and phone number of the person or office to contact about the hazardous waste disposal unit or facility during the post closure care period;
(4) For facilities where the Director has applied alternative requirements at a regulated unit under § § 264.90(f), 264.110(c), and/or § 266.10(d), either the alternative requirements that apply to the regulated unit, or a reference to the enforceable document containing those requirements; and (5) A draft environmental covenant, including proposed environmental use restrictions.
(c) Until final closure of the facility, a copy of the approved post closure plan must be furnished to the Department upon request, including request by mail. After final closure has been certified, the person or office specified in § 264.118(b)(3) must keep the approved post closure plan during the remainder of the post closure period.
(d) Amendment of plan. The owner or operator must submit a written notification of or request for a permit modification to authorize a change in the approved post closure plan in accordance with the applicable requirements of Part 100. The written notification or request must include a copy of the amended post closure plan for review or approval by the Department.
(1) The owner or operator may submit a written notification or request to the Department for a permit modification to amend the post closure plan at any time during the active life of the facility or during the post closure care period.
(2) The owner or operator must submit a written notification of or request for a permit modification to authorize a change in the approved post closure plan whenever:
(3) The owner or operator must submit a written request for a permit modification at least 60 days prior to the proposed change in facility design or operation, or no later than 60 days after an unexpected event has occurred which has affected the post closure plan. An owner or operator of a surface impoundment or waste pile that intends to remove all hazardous waste at closure and is not otherwise required to submit a contingent post closure plan under § § 264.228(c)(1)(ii) and 264.258(c)(1)(ii) must submit a post closure plan to the Department no later than 90 days after the date that the owner or operator or Department determines that the hazardous waste management unit must be closed as a landfill, subject to the requirements of § 264.310. The Department will approve, disapprove or modify this plan in accordance with the procedures in Part 100. In accordance with § 100.43 of these regulations, the approved post closure plan will become a permit condition.
(4) The Department may request modifications to the plan under the conditions described in § 264.118(d)(2). The owner or operator must submit the modified plan no later than 60 days after the Department's request, or no later than 90 days if the unit is a surface impoundment or waste pile not previously required to prepare a contingent post closure plan. Any modifications requested by the Department will be approved, disapproved, or modified in accordance with the procedures in Part 100. § 264.119 Post Closure Notices.
(a) No later than 60 days after certification of closure of each hazardous waste disposal unit, the owner or operator must 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 other disposal unit of the facility. For hazardous wastes disposed of before January 12, 1981, the owner or operator must identify the type, location, and quantity of the hazardous wastes to the best of his/her knowledge and in accordance with any records he/she has kept.
(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 must:
(1) Record an environmental covenant as required in accordance with C.R.S. § § 25-15-317 et
(2) Submit a certification, signed by the owner or operator, that he/she has recorded the notation specified in paragraph (b)(1) of this section, including a copy of the document in which the notation has been placed, to the Department.
(c) If the owner or operator or any subsequent owner or operator of the land upon which a hazardous waste disposal unit is located wishes to remove hazardous wastes and hazardous waste residues, the liner, if any, or contaminated soils, he/she must request a modification to the post closure permit in accordance with the applicable requirements in Part 100, or in accordance with the provisions of the enforceable document, if one is used in lieu of a post-closure permit. The owner or operator must demonstrate that the removal of hazardous wastes will satisfy the criteria of § 264.117(c). The owner or operator must further comply with the modification and termination provisions of any environmental covenant. By removing hazardous waste, the owner or operator may become a generator of hazardous waste and must manage it in accordance with all applicable requirements of these regulations. If he/she is granted a permit modification or otherwise granted approval to conduct such removal activities, the owner or operator may request that the Department approve either:
(1) The removal of the notation on the deed to the facility property or other instrument normally examined during title search;
(2) The addition of a notation to the deed or instrument indicating the removal of the hazardous waste; or (3) Modification or termination of the environmental covenant, as appropriate. § 264.120 Certification of Completion of Post Closure Care. No later than 60 days after completion of the established post closure care period for each hazardous waste disposal unit, the owner or operator must 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 must be signed by the owner or operator and an independent registered professional engineer. Documentation supporting the independent registered professional engineer's certification must 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 § 266.14(l).
Subpart H - [Reserved] Subpart I - Use and Management of Containers § 264.170 Applicability.* The regulations in this subpart apply to owners and operators of all hazardous waste facilities that store containers of hazardous waste, except as § 264.1 provides otherwise. * Under § 261.7 and § 261.33(c), if a hazardous waste is emptied from a container the residue remaining in the container is not considered a hazardous waste if the container is “empty” as defined in § 261.7. In that event management of the container is exempt from the requirements of this subpart § 264.171 Condition of Containers.
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 must 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 part.
§ 264.172 Compatibility of Waste with Containers.
The owner or operator must use a container made of or lined with materials which will not react with, and are otherwise compatible with, the hazardous waste to be stored, so that the ability of the container to contain the waste is not impaired.
§ 264.173 Management of Containers.
(a) A container holding hazardous waste must always be closed during storage, except when it is necessary to add or remove waste.
(b) A container holding hazardous waste must not be opened, handled, or stored in a manner which may rupture the container or cause it to leak.
§ 264.174 Inspections.
At least weekly, the owner or operator must inspect areas where containers are stored, looking for leaking containers and for deterioration of containers and the containment system caused by corrosion or other factors.
§ 264.175 Containment.
(a) Container storage areas must have a containment system that is designed and operated in accordance with paragraph (b) of this section, except as otherwise provided by paragraph (c) of this section.
(b) A containment system must be designed and operated as follows:
(1) A base must underly the containers which is free of cracks or gaps and is sufficiently impervious to contain leaks, spills, and accumulated precipitation until the collected material is detected and removed;
(2) The base must be sloped or the containment system must be otherwise designed and operated to drain and remove liquids resulting from leaks, spills, or precipitation, unless the containers are elevated or are otherwise protected from contact with accumulated liquids;
(3) The containment system must have sufficient capacity to contain 10% of the volume of containers or the volume of the largest container, whichever is greater. Containers that do not contain free liquids need not be considered in this determination;
(4) Run-on into the containment system must be prevented unless the collection system has sufficient excess capacity in addition to that required in paragraph (b)(3) of this section to contain any run-on which might enter the system; and (5) Spilled or leaked waste and accumulated precipitation must be removed from the sump or collection area in as timely a manner as is necessary to prevent overflow of the collection system.
(c) Storage areas that store containers holding only wastes that do not contain free liquids need not have a containment system defined by paragraph (b) of this section, except as provided by paragraph (d) of this section or provided that:
(1) The storage area is sloped or is otherwise designed and operated to drain and remove liquid resulting from precipitation, or (2) The containers are elevated or are otherwise protected from contact with accumulated liquid.
(d) Storage areas that store containers holding the wastes listed below that do not contain free liquids must have a containment system defined by paragraph (b) of this section:
(1) F020, F021, F022, F023, F026, and F027.
(2) (Reserved)
§ 264.176 Special Requirements for Ignitable or Reactive Waste. Containers holding ignitable or reactive waste must be located at least 15 meters (50 feet) inside the facility's property line.
§ 264.177 Special Requirements for Incompatible Wastes.* (a) Incompatible wastes, or incompatible wastes and materials (see Appendix V for examples), must not be placed in the same container, unless § 264.17(b) is complied with.
(b) Hazardous waste must not be placed in an unwashed container that previously held an incompatible waste or material.
(c) A storage container holding a hazardous waste that is incompatible with any waste or other materials stored nearby in other containers, piles, open tanks, or surface impoundments must be separated from the other materials or protected from them by means of a dike, berm, wall, or other device. § 264.178 Closure.
At closure, all hazardous waste and hazardous waste residues must be removed from the containment system. Remaining containers, liners, bases, and soil containing or contaminated with hazardous waste or hazardous waste residues must be decontaminated or removed. *As required by § 264.13, the waste analysis plan must include analyses needed to comply with § 264.177. Also, § 264.17(c) requires wastes analyses, trial tests or other documentation to assure compliance with § 264.17(b). As required by § 264.73, the owner or operator must place the results of each waste analysis and trial test, and any documented information, in the operating record of the facility.
§ 264.179 Air Emission Standards.
The owner or operator shall manage all hazardous waste placed in a container in accordance with the applicable requirements of Subparts AA, BB, and CC of this part. Subpart J - Tanks § 264.190 Applicability.
The requirements of this subpart apply to owners and operators of facilities that use tank systems for storing or treating hazardous waste except as otherwise provided in paragraphs (a), (b), (c) and (d) of this section or in § 264.1 of this part.
(a) Tank systems that are used to store or treat hazardous waste which contains no free liquids and are situated inside a building with an impermeable floor are exempted from the requirements in § 264.193. To demonstrate the absence or presence of free liquids in the stored/treated waste, the following test method must be used: Method 9095 (Paint Filter Liquids Test) as described in Test Methods for Evaluating Solid Waste, Physical/Chemical Methods," EPA Publication SW-846, as incorporated by reference in § 260.11 of these regulations.
(b) Tank systems, including sumps, as defined in § 260.10, that serve as part of a secondary containment system to collect or contain releases of hazardous wastes are exempted from the requirements in § 264.193(a).
(c) Sumps which have sufficiently low storage capacities and short accumulation times such that they mainly function as flow control devices, and which otherwise fit the definition of “ancillary equipment” , are subject to the requirements for ancillary equipment rather than the requirements for tanks.
(d) Tanks, sumps, and other such collection devices or systems used in conjunction with drip pads, as defined in § 260.10 of these regulations and regulated under Subpart W, must meet the requirements of this subpart § 264.191 Assessment of Existing Tank System's Integrity.
(a) For each existing tank system that does not have secondary containment meeting the requirements of § 264.193, the owner or operator must determine that the tank system is not leaking or is unfit for use. Except as provided in paragraph (c) of this section, the owner or operator must obtain and keep on file at the facility a written assessment reviewed and certified by an independent, qualified registered professional engineer, in accordance with § 100.12(d), that attests to the tank system's integrity within one year of the effective date of these regulations. The effective date of these regulations for new underground tanks, for underground tanks that cannot be entered for inspections, and for tanks operated by small quantity generators is July 14, 1986.
(b) This assessment must determine that the tank system is adequately designed and has sufficient structural strength and compatibility with the waste(s) to be stored or treated, to ensure that it will not collapse, rupture, or fail. At a minimum, this assessment must consider the following:
(1) Design standard(s), if available, according to which the tank and ancillary equipment were constructed;
(2) Hazardous characteristics of the waste(s) that have been and will be handled;
(3) Existing corrosion protection measures;
(4) Documented age of the tank system, if available (otherwise, an estimate of the age); and (5) Results of a leak test, internal inspection, or other tank integrity examination such that:
(c) Tank systems that store or treat materials that become hazardous wastes subsequent to the effective date of these regulations, must conduct this assessment within 12 months after the date that the waste becomes a hazardous waste. The effective date of these regulations for new underground tanks, for underground tanks that cannot be entered for inspection, and for tanks operated by small quantity generators is July 14, 1986.
(d) If, as result of the assessment conducted in accordance with paragraph (a), a tank system is found to be leaking or unfit for use, the owner or operator must comply with the requirements of § 264.196.
§ 264.192 Design and Installation of New Tank System or Components.
(a) Owners or operators of new tank systems or components must obtain and submit to the Department, at time of submittal of Part B information, a written assessment, renewed and certified by an independent, qualified registered professional engineer, in accordance with § 100.12(d), attesting that the tank system has sufficient structural integrity and is acceptable for the storing and treating of hazardous waste. The assessment must show that the foundation, structural support, seams, connections, and pressure controls (if applicable) are adequately designed and that the tank system has sufficient structural strength, compatibility with the waste(s) to be stored or treated, and corrosion protection to ensure that it will not collapse, rupture, or fail his assessment, which will be used by the Department to review and approve or disapprove the acceptability of the tank system design, must include, at a minimum, the following information:
(1) Design standard(s) according to which tank(s) and/or the ancillary equipment are constructed;
(2) Hazardous characteristics of the waste(s) to be handled;
(3) For new tank systems or components in which the external shell of a metal tank or any external metal component of the tank system will be in contact with the soil or with water, a determination by a corrosion expert of:
(4) For underground tank system components that are likely to be adversely affected by vehicular traffic a determination of design or operational measures that will protect the tank system against potential damage; and (5) Design considerations to ensure that:
(b) The owner or operator of a new tank system must ensure that proper handling procedures are adhered to in order to prevent damage to the system during installation. Prior to covering, enclosing, or placing a new tank system or component in use, an independent qualified installation inspector or an independent, qualified, registered professional engineer, either of whom is trained and experienced in the proper installation of tank systems or components, must inspect the system for the presence of any of the following items:
(1) Weld breaks;
(2) Punctures;
(3) Scrapes of protective coatings;
(4) Cracks;
(5) Corrosion;
(6) Other structural damage or inadequate construction/installation. All discrepancies must be remedied before the tank system is covered, enclosed, or placed in use.
(c) New tank systems or components that are placed underground and that are backfilled must be provided with a backfill material that is a noncorrosive, porous, homogeneous substance and that is installed so that the backfill is placed completely around the tank and compacted to ensure that the tank and piping are fully and uniformly supported.
(d) All new tanks and ancillary equipment must be tested for tightness prior to being covered, enclosed, or placed in use. If a tank system is found not to be tight, all repairs necessary to remedy the leak(s) in the system must be performed prior to the tank system being covered, enclosed, or placed into use.
(e) Ancillary equipment must be supported and protected against physical damage and excessive stress due to settlement, vibration, expansion, or contraction. [NOTE - The piping system installation procedures described in American Petroleum Institute (API) Publication 1615 (November 1979), “Installation of Underground Petroleum Storage Systems” , or ANSI Standard B31.3, “Petroleum Refinery Piping” , and ANSI Standard B31.4 “Liquid Petroleum Transportation Piping System” , may be used, where applicable, as guidelines for proper installation of piping systems.] (f) The owner or operator must provide the type and degree of corrosion protection recommended by an independent corrosion expert, based on the information provided under paragraph (a)(3) of this section, or other corrosion protection if the Department believes other corrosion protection is necessary to ensure the integrity of the tank system during use of the tank system. The installation of a corrosion protection system that is field fabricated must be supervised by an independent corrosion expert to ensure proper installation.
(g) The owner or operator must obtain and keep on file at the facility written statements by those persons required to certify the design of the tank system and supervise the installation of the tank system in accordance with the requirements of paragraphs (b) through (f) of this section, that attest that the tank system was properly designed and installed and that repairs, pursuant to paragraphs (b) and (d) of this section, were performed. These written statements must also include the certification statement as required in § 100.12(d).
§ 264.193 Containment and Detection of Releases.
(a) ln order to prevent the release of hazardous waste or hazardous constituents to the environment, secondary containment that meets the requirements of this section must be provided (except as provided in paragraphs (f) and (g) of this section):
(1) For all new tank systems or components, prior to their being put into service;
(2) For all existing tank systems used to store or treat EPA Hazardous Waste Nos. F020, F021, F022, F023, F026, and F027, within two years after the effective date of these regulations;
(3) For those existing tank systems of known and documented age, within two years after the effective date of these regulations or when the tank system has reached 15 years of age, whichever comes later;
(4) For those existing tank systems for which the age cannot be documented, within eight years of the effective date of these regulations; but if the age of the facility is greater than seven years, secondary containment must be provided by the time the facility reaches 15 years of age, or within two years of the effective date of these regulations, whichever comes later; and (5) For tank systems that store or treat materials that become hazardous wastes subsequent to the effective date of these regulations, within the time intervals required in paragraphs (a)
(b) Secondary containment systems must be:
(1) Designed, installed, and operated to prevent any migration of wastes or accumulated liquid out of the system to the soil, ground water, or surface water at any time during the use of the tank system; and (2) Capable of detecting and collecting releases and accumulated liquids until the collected material is removed.
(c) To meet the requirements of paragraph (b) of this section, secondary containment systems must be at a minimum:
(1) Constructed of or lined with materials that are compatible with the waste(s) to be placed in the tank system and must have sufficient strength and thickness to prevent failure owing to pressure gradients (including static head and external hydrological forces), physical contact with the waste to which it is exposed, climatic conditions, and the stress of daily operation (including stresses from nearby vehicular traffic).
(2) Placed on a foundation or base capable of providing support to the secondary containment system, resistance to pressure gradients above and below the system, and capable of preventing failure due to settlement, compression, or uplift;
(3) Provided with a leak-detection system that is designed and operated so that it will detect the failure of either the primary or secondary containment structure or the presence of any release of hazardous waste or accumulated liquid in the secondary containment system within 24 hours, or at the earliest practicable time if the owner or operator can demonstrate to the Department that existing detection technologies or site conditions will not allow detection of a release within 24 hours; and (4) Sloped or otherwise designed or operated to drain and remove liquids resulting from leaks, spills, or precipitation. Spilled or leaked waste and accumulated precipitation must be removed from the secondary containment system within 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 can demonstrate to the Department that removal of the released waste or accumulated precipitation cannot be accomplished within 24 hours. [NOTE: - If the collected material including precipitation is a hazardous waste under Part 261 of these regulations, it is subject to management as a hazardous waste in accordance with all applicable requirements of Parts 262 through 265 of these regulations. If the collected material is discharged through a point source to waters of the United States, it is subject to the requirements of Sections 301, 304, and 402 of the Clean Water Act, as amended. If discharged to a Publicly Owned Treatment Works (POTW), it is subject to the requirements of Section 307 of the Clean Water Act, as amended. If the collected material is released to the environment, it may be subject to the reporting requirements of 40 CFR Part 302).
(d) Secondary containment for tanks must include one or more of the following devices:
(1) A liner (external to the tank);
(2) A vault;
(3) A double-walled tank; or (4) An equivalent device as approved by the Department (e) In addition to the requirements of paragraphs (b), (c), and (d) of this section, secondary containment systems must satisfy the following requirements:
(1) External liner systems must be:
(2) Vault systems must be:
(3) Double-walled tanks must be:
(f) Ancillary equipment must be provided with secondary containment (e.g., trench, jacketing, double- walled piping) that meets the requirements of paragraphs (b) and (c) of this section except for:
(1) Aboveground piping (exclusive of flanges, joints, valves, and other connections) that are visually inspected for leaks on a daily basis;
(2) Welded flanges, welded joints, and welded connections, that are visually inspected for leaks on a daily basis;
(3) Sealless or magnetic coupling pumps and sealless valves, that are visually inspected for leaks on a daily basis; and (4) Pressurized aboveground piping systems with automatic shut-off devices (e.g., excess flow check valves, flow metering shutdown devices, loss of pressure actuated shut-off devices) that are visually inspected for leaks on a daily basis.
(g) The owner or operator may obtain a variance from the requirements of this section if the Department finds, as a result of a demonstration by the owner or operator that alternative design and operating practices, together with location characteristics, will prevent the migration of any hazardous waste or hazardous constituents into the ground water, or surface water at least as effectively as secondary containment during the active life of the tank system or that in the event of a release that does migrate to ground water or surface water, no substantial present or potential hazard will be posed to human health or the environment. New underground tank systems may not, per a demonstration in accordance with paragraph (g)(2) of this section, be exempted from the secondary containment requirements of this section.
(1) In deciding whether to grant a variance based on a demonstration of equivalent protection of ground water and surface water, the Department will consider:
(2) In deciding whether to grant a variance based on a demonstration of no substantial present or potential hazard, the Department will consider:
(3) The owner or operator of a tank system, for which a variance from secondary containment had been granted in accordance with the requirements of paragraph (g)(1) of this section, at which a release of hazardous waste has occurred from the primary tank system but has not migrated beyond the zone of engineering control (as established in the variance), must:
(4) The owner or operator of a tank system, for which a variance from secondary containment had been granted in accordance with the requirements of paragraphs (g)(1) of this section, at which a release of hazardous waste has occurred from the primary tank system and has migrated beyond the zone of engineering control (as established in the variance), must:
(h) The following procedures must be followed in order to request a variance from secondary containment:
(1) The Department must be notified in writing by the owner or operator that he/she intends to conduct and submit a demonstration for a variance from secondary containment as allowed in paragraph (g) according to the following schedule:
(2) As part of the notification, the owner or operator must also submit to the Department a description of the steps necessary to conduct the demonstration and a timetable for completing each of the steps. The demonstration must address each of the factors listed in paragraphs (g)(1) or (g)(2) of this section;
(3) The demonstration for a variance must be completed within 180 days after notifying the Department of an intent to conduct the demonstration; and (4) If a variance is granted under this paragraph, the Department will require the permittee to construct and operate the tank system in the manner that was demonstrated to meet the requirements for the variance.
(i) All tank systems, until such time as secondary containment that meets the requirements of this section is provided, must comply with the following:
(1) For non-enterable underground tanks, a leak test that meets the requirements of § 264.191(b)(5) or other tank integrity method, as approved or required by the Department, must be conducted at least annually.
(2) For other than non-enterable underground tanks, the owner or operator must either conduct a leak test as in paragraph (i)(1) of this section or develop a schedule and procedure for an assessment of the overall condition of the tank system by an independent, qualified registered professional engineer. The schedule and procedure must be adequate to detect obvious cracks, leaks, and corrosion or erosion that may lead to cracks and leaks. The owner or operator must remove the stored waste from the tank, if necessary, to allow the condition of all internal tank surfaces to be assessed. The frequency of these assessments must be based on the material of construction of the tank and its ancillary equipment, the age of the system, the type of corrosion or erosion protection use the rate of corrosion or erosion observed during the previous inspection, and the characteristics of the waste being stored or treated.
(3) For ancillary equipment, a leak test or other integrity assessment as approved by the Department must be conducted at least annually.
(4) The owner or operator must maintain on file at the facility a record of the results of the assessments conducted in accordance with paragraphs (i)(1) through (i)(3) of this section.
(5) If a tank system or component is found to be leaking or unfit for use as a result of the leak test or assessment in paragraphs (i)(1) through (i)(3) of this section, the owner or operator must comply with the requirements of § 264.196. § 264.194 General Operating Requirements.
(a) Hazardous wastes or treatment reagents must not be placed in a tank system if they could cause the tank, its ancillary equipment, or the containment system to rupture, leak, corrode, or otherwise fail.
(b) The owner or operator must use appropriate controls and practices to prevent spills and overflows from tank or containment systems. These include at a minimum:
(1) Spill prevention controls (e.g., check valves, dry disconnect couplings);
(2) Overfill prevention controls (e.g., level sensing devices, high level alarms, automatic feed cutoff, or bypass to a standby tank); and (3) Maintenance of sufficient freeboard in uncovered tanks to prevent overtopping by wave or wind action or by precipitation.
(c) The owner or operator must comply with the requirements of § 264.196 if a leak or spill occurs in the tank system.
§ 264.195 Inspections.
(a) The owner or operator must develop and follow a schedule and procedure for inspecting overfill controls.
(b) The owner or operator must inspect at least once each operating day:
(1) Aboveground portions of the tank system, if any, to detect corrosion or releases of waste;
(2) Data gathered from monitoring and leak detection equipment (e.g., pressure or temperature gauges, monitoring wells) to ensure that the tank system is being operated according to its design; and (3) The construction materials and the area immediately surrounding the externally accessible portion of the tank system, including the secondary containment system (e.g., dikes) to detect erosion or signs of releases of hazardous waste (e.g., wet spots, dead vegetation). [NOTE - Section 264.15(c) requires the owner or operator to remedy any deterioration or malfunction he/she finds. Section 264.196 requires the owner or operator to notify the Director within 24 hours of confirming a leak. Also, 40 CFR Part 302 may require the owner or operator to notify the National Response Center of a release.] (c) The owner or operator must inspect cathodic protection systems, if present, according to, at a minimum, the following schedule to ensure that they are functioning properly:
(1) The proper operation of the cathodic protection system must be confirmed within six months after initial installation and annually thereafter, and (2) All sources of impressed current must be inspected and/or tested as appropriate, at least bimonthly (i.e., every other month).
(d) The owner or operator must document in the operating record of the facility an inspection of those items in paragraphs (a) through (c) of this section.
§ 264.196 Response to Leaks or Spills and Disposition of Leaking or Unfit-For-Use Tank Systems.
A tank system or secondary containment system from which there has been a leak or spill, or which is unfit for use, must be removed from service immediately, and the owner or operator must satisfy the following requirements:
(a) Cessation of Use; prevent flow or addition of wastes. The owner or operator must 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.
(b) Removal of waste from tank system or secondary containment system.
(1) If the release was from the tank system, the owner/operator must, 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.
(2) If the material released was to a secondary containment system all released materials must be removed within 24 hours or in as timely a manner as is possible to prevent harm to human health and the environment.
(c) Containment of visible releases to the environment . The owner/operator must immediately conduct a visual inspection of the release and based upon that inspection:
(1) Prevent further migration of the leak or spill to soils or surface water; and (2) Remove, and properly dispose of, any visible contamination of the soil or surface water.
(d) Notifications, reports.
(1) Any release to the environment, except as provided in paragraph (d)(2) of this section, must be reported to the Department within 24 hours of its detection. If the release has been reported pursuant to 40 CFR Part 302, that report will satisfy this requirement.
(2) A leak or spill of hazardous waste is exempted from the requirements of this paragraph if it is:
(3) Within 30 days of detection of a release to the environment, a report containing the following information must be submitted to the Department:
(e) Provision Of Secondary Containment, Repair, or Closure.
(1) Unless the owner/operator satisfies the requirements of paragraphs (e)(2) through (4) of this section, the tank system must be closed in accordance with § 264.197.
(2) 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.
(3) If the cause of the release was a leak from the primary lank system into the secondary containment system, the system must be repaired prior to returning the tank system to service.
(4) 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 must provide the component of the system from which the leak occurred with secondary containment that satisfies the requirements of § 264.193 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 above-ground component that can be inspected visually, the component must be repaired and may be returned to service without secondary containment as long as the requirements of paragraph (f) of this section are satisfied. If a component is replaced to comply with the requirements of this subparagraph, that component must satisfy the requirements for new tank systems or components in § § 264.192 and 264.193. 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 must be provided with secondary containment in accordance with § 264.193 prior to being returned to use.
(f) Certification of major repairs. If the owner/operator has repaired a tank system in accordance with paragraph (e) 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 must not be returned to service unless the owner/operator has obtained a certification by an independent, qualified, registered, professional engineer, in accordance with § 100.12(d), that the repaired system is capable of handling hazardous wastes without release for the intended life of the system. This certification must be submitted to the Department within seven days after returning the tank system to use.
[NOTE - The EPA or the Department may, on the basis of any information received that there is or has been a release of hazardous waste or hazardous constituents into the environment, issue an order under RCRA sections 3004 (v), 3008(h), or 7003(a) or issue an order under § 264.101 of these regulations (CCR 25-15-301(4)) requiring corrective action or such other response as deemed necessary to protect human health or the environment.] [NOTE - See § 264.15(c) for the requirements necessary to remedy a failure. Also, 40 CFR Part 302 may require the owner or operator to notify the National Response Center of certain releases.] § 264.197 Closure and Post-Closure Care.
(a) At closure of a tank system, the owner or operator must remove or decontaminate all waste residues, contaminated containment system components (liners, etc.) contaminated soils, and structures and equipment contaminated with waste, and manage them as hazardous waste, unless § 261.3(d) of these regulations applies. The closure plan, closure activities, cost estimates for closure, and financial responsibility for tank systems must meet all of the requirements specified in Subpart G of this part and Part 266 of these regulations.
(b) If the owner or operator demonstrates that not all contaminated soils can be practicably removed or decontaminated as required in paragraph (a) of this section, then the owner or operator must close the tank system and perform post-closure care in accordance with the closure and post- closure care requirements that apply to landfills ( § 264.310). In addition, for the purposes of closure, post-closure, and financial responsibility, such a tank system is then considered to be a landfill, and the owner or operator must meet all the requirements for landfills specified in Subpart G of this part and Part 266 of these regulations.
(c) If an owner or operator has a tank system that does not have secondary containment that meets the requirements of § 264.193(b) through (f) and has not been granted a variance from the secondary containment requirements in accordance with § 264.193(g), then:
(1) The closure plan for the tank system must include both a plan for complying with paragraph
(2) A contingent post-closure plan for complying with paragraph (b) of this section must be prepared and submitted as part of the permit application.
(3) The cost estimates calculated for closure and post-closure care must reflect the costs of complying with the contingent closure plan and the contingent post-closure plan, if those costs are greater than the costs of complying with the closure plan prepared for the expected closure under paragraph (a) of this section.
(4) Financial assurance must be based on the cost estimates in paragraph (c)(3) of this section.
(5) For the purposes of the contingent closure and post-closure plans, such a tank system is considered to be a landfill, and the contingent plans must meet all of the closure, post- closure, and financial responsibility requirements for landfills under Subpart G of this part and Part 266 of these regulations.
§ 264.198 Special Requirements for Ignitable or Reactive Wastes.
(a) Ignitable or reactive waste must not be placed in tank systems, unless:
(1) The waste is treated, rendered, or mixed before or immediately after placement in the tank system so that:
(2) The waste is stored or treated in such a way that it is protected from any material or conditions that may cause the waste to ignite or react; or (3) The tank system is used solely for emergencies.
(b) The owner or operator of a facility where ignitable or reactive waste is stored or treated in a tank must comply with the requirements for the maintenance of protective distances between the waste management area and any pubic ways, streets, alleys, or an adjoining property line that can be built upon as required in Tables 2-1 through 2-6 of the National Fire Protection Association's “Flammable and Combustible Liquids Code” , (1977 or 1981), (incorporated by reference, see § 260.11).
§ 264.199 Special Requirements for Incompatible Wastes.
(a) Incompatible wastes, or incompatible wastes and materials, must not be placed in the same tank system, unless § 264.17(b) is complied with.
(b) Hazardous waste must not be placed in a tank system that has not been decontaminated and that previously held an incompatible waste or material, unless § 264.17(b) is complied with. § 264.200 Air Emission Standards.
The owner or operator shall manage all hazardous waste placed in a tank in accordance with the applicable requirements of Subparts AA, BB, and CC of this part. Subpart K - Surface Impoundments § 264.220 Applicability.
The regulations in this subpart apply to owners and operators of facilities that use surface impoundments to treat, store, or dispose of hazardous waste except as § 264.1 provides otherwise. § 264.221 Design and Operating Requirements.
(a) Any surface impoundment that is not covered by paragraph (c) of this section or § 265.221 of these regulations must have a liner for all portions of the impoundment (except for existing portions of such impoundments). The liner must be designed, constructed, and installed to prevent any migration of wastes out of the impoundment to the adjacent subsurface soil or ground water or surface water at any time during the active life (including the closure period) of the impoundment. The liner may be constructed of materials that may allow wastes to migrate into the liner (but not into the adjacent subsurface soil or ground water or surface water) during the active life of the facility, provided that the impoundment is closed in accordance with § 264.228(a)(1). For impoundments that will be closed in accordance with § 264.228(a)(2), the liner must be constructed of materials that can prevent wastes from migrating into the liner during the active life of the facility. The liner must be:
(1) Constructed of materials that have appropriate chemical properties and sufficient strength and thickness to prevent failure due to pressure gradients (including static head and external hydrogeologic forces), physical contact with the waste or leachate to which they are exposed, climatic conditions, the stress of installation, and the stress of daily operation;
(2) Placed upon a foundation or base capable of providing support to the liner and resistance to pressure gradients above and below the liner to prevent failure of the liner due to settlement, compression, or uplift; and (3) Installed to cover all surrounding earth likely to be in contact with the waste or leachate.
(b) The owner or operator will be exempted from the requirements of paragraph (a) of the section if the Department finds, based on a demonstration by the owner or operator, that alternate design and operating practices, together with location characteristics, will prevent the migration of any hazardous constituents (see § 264.93) into the ground water or surface water at any future time. In deciding whether to grant an exemption, the Department will consider:
(1) The nature and quantity of the wastes;
(2) The proposed alternate design and operation;
(3) The hydrogeologic setting of the facility, including the attenuative capacity and thickness of the liners and soils present between the impoundment and ground water or surface water, and (4) All other factors which would influence the quality and mobility of the leachate produced and the potential for it to migrate to ground water or surface water.
(c) The owner or operator of each new surface impoundment on which construction commences after January 29, 1992, each lateral expansion of a surface impoundment unit on which construction commences after July 29, 1992 and each replacement of an existing surface impoundment unit that is to commence reuse after July 29, 1992 must install two or more liners and a leachate collection and removal system between such liners. “Construction commences” is as defined in § 260.10 of these regulations under “existing facility” . (1)(i) The liner system must include:
(2) The leachate collection and removal system between the liners, and immediately above the bottom composite liner in the case of multiple leachate collection and removal systems, is also a leak detection system. This leak detection system must be capable of detecting, collecting, and removing leaks of hazardous constituents at the earliest practicable time through all areas of the top liner likely to be exposed to waste or leachate during the active life and post-closure care period. The requirements for a leak detection system in this paragraph are satisfied by installation of a system that is, at a minimum:
(3) The owner or operator shall collect and remove pumpable liquids in the sumps to minimize the head on the bottom liner.
(4) The owner or operator of a leak detection system that is not located completely above the seasonal high water table must demonstrate that the operation of the leak detection system will not be adversely affected by the presence of ground water.
(d) The Department may approve alternative design or operating practices to those specified in paragraph (c) of this section if the owner or operator demonstrates to the Department that such design and operating practices, together with location characteristics:
(1) Will prevent the migration of any hazardous constituent into the ground water or surface water at least as effectively as the liners and leachate collection and removal system specified in paragraph (c) of this section; and (2) Will allow detection of leaks of hazardous constituents through the top liner at least as effectively.
(e) The Department is authorized to exempt the owner or operator of a monofill from the requirements of paragraph (c) of this section if the following conditions are met:
(1) The monofill contains only hazardous wastes from foundry furnace emission controls or metal casting molding sand and such wastes do not contain constituents which would render the wastes hazardous for reasons other than the EP toxicity characteristics in § 261.24; and (2)(i)(A) The monofill has at least one liner for which there is no evidence that the liner is leaking. For the purposes of this paragraph, the term “liner” means a liner designed, constructed, installed, and operated to prevent hazardous waste from passing into the liner at any time during the active life of the facility, or designed, constructed, installed, and operated to prevent hazardous waste from migrating beyond the liner to adjacent subsurface soil, ground water, or surface water at any time during the active life of the facility. In the case of any surface impoundment which has been exempted from the requirements of paragraph (c) of this section on the basis of a liner designed, constructed, installed, and operated to prevent hazardous waste from passing beyond the liner, at the closure of such impoundment, the owner or operator must remove or decontaminate all waste residues, all contaminated liner material, and contaminated soil to the extent practicable. If all contaminated soil is not removed or decontaminated, the owner or operator of such impoundment will comply with appropriate post-closure requirements, including but not limited to groundwater monitoring and corrective action.
(f) The owner or operator of any replacement surface impoundment unit is exempt from paragraph (c) this section if:
(1) The existing unit was constructed in compliance with the design standards of sections 3004(o)(1)(A)(i) and (o)(5) of the Resource Conservation and Recovery Act [42 U.S.C. § 6924(0)]; and (2) There is no reason to believe that the liner is not functioning as designed.
(g) A surface impoundment must be designed, constructed, maintained, and operated to prevent overtopping resulting from normal or abnormal operations; overfilling; wind and wave action; rainfall; run-on; malfunctions of level controllers, alarms, and other equipment; and human error.
(h) A surface impoundment must have dikes that are designed, constructed and maintained with sufficient structural integrity to prevent massive failure of the dikes. In ensuring structural integrity, it must not be presumed that the liner system will function without leakage during the active life of the unit.
(i) The Department will specify in the permit ail design and operating practices that are necessary to ensure that the requirements of this section are satisfied. § 264.222 Action Leakage Rate.
(a) The Department shall approve an action leakage rate for surface impoundment units subject to § 264.221(c) or (d). The action leakage rate is the maximum design flow rate that the leak detection system (LDS) can remove without the fluid head on the bottom liner exceeding 1 foot. The action leakage rate must include an adequate safety margin to allow for uncertainties in the design (e.g., slope, hydraulic conductivity, thickness of drainage material), construction, operation, and location of the LDS, waste and leachate characteristics, likelihood and amounts of other sources of liquids in the LDS, and proposed response actions (e.g., the action leakage rate must consider decreases in the flow capacity of the system over time resulting from siltation and clogging, rib layover and creep of synthetic components of the system, overburden pressures, etc).
(b) To determine if the action leakage rate has been exceeded, the owner or operator must convert the weekly or monthly flow rate from the monitoring data obtained under § 264.226(d) to an average daily flow rate (gallons per acre per day) for each sump. Unless the Department approves a different calculation, the average daily flow rate for each sump must be calculated weekly during the active life and closure period, and if the unit is closed in accordance with § 264.228(b), monthly during the post-closure care period when monthly monitoring is required under § 264.226(d).
§ 264.223 Response Actions.
(a) The owner or operator of surface impoundment units subject to § 264.221 (c) or (d) must have an approved response action plan before receipt of waste. The response action plan must set forth the actions to be taken if the action leakage rate has been exceeded. At a minimum, the response action plan must describe the actions specified in paragraph (b) of this section.
(b) If the flow rate into the leak detection system exceeds the action leakage rate for any sump, the owner or operator must:
(1) Notify the Department in writing of the exceedence within 7 days of the determination;
(2) Submit a preliminary written assessment to the Department within 14 days of the determination, as to the amount of liquids, likely sources of liquids, possible location, size, and cause of my leaks, and short-term actions taken and planned;
(3) Determine to the extent practicable the location, size, and cause of any leak;
(4) Determine whether waste receipt should cease or be curtailed, whether any waste should be removed from the unit for inspection, repairs, or controls, and whether or not the unit should be closed;
(5) Determine any other short-term and longer-term actions to be taken to mitigate or stop any leaks; and (6) Within 30 days after the notification that the action leakage rate has been exceeded, submit to the Department the results of the analyses specified in paragraphs (b)(3), (4), and (5) of this section, the results of actions taken, and actions planned. Monthly thereafter, as long as the flow rate in the leak detection system exceeds the action leakage rate, the owner or operator must submit to the Department a report summarizing the results of any remedial actions taken and actions planned.
(c) To make the leak and/or remediation determinations in paragraphs (b)(3), (4), and (5) of this section, the owner or operator must:
(1)(i) Assess the source of liquids and amounts of liquids by source,
(2) Document why such assessments are not needed.
§ § 264.224 through 264.225 [Reserved] § 264.226 Monitoring and Inspection.
(a) During construction and installation, liners (except in the case of existing portions of surface impoundments exempt from § 264.221(a)) and cover systems (e.g., membranes, sheets, or coatings) must be inspected for uniformity, damage, and imperfections (e.g., holes, cracks, thin spots, or foreign materials). Immediately after construction or installation:
(1) Synthetic liners and covers must be inspected to ensure tight seams and joints and the absence of tears, punctures, or blisters; and (2) Soil-based and admixed liners and covers must be inspected for imperfections including lenses, cracks, channels, root holes, or other structural non-uniformities that may cause an increase in the permeability of the liner or cover.
(b) While a surface impoundment is in operation, it must be inspected weekly and after storms to detect evidence of any of the following:
(1) Deterioration, malfunctions, or improper operation of overtopping control systems;
(2) Sudden drops in the level of the impoundment's contents; and (3) Severe erosion or other signs of deterioration in dikes or other containment devices.
(c) Prior to the issuance of a permit, and after any extended period of time (at least six months) during which the impoundment was not in service, the owner or operator must obtain a certification from a qualified engineer that the impoundment's dike, including that portion of any dike which provides freeboard, has structural integrity. The certification must establish, in particular, that the dike:
(1) Will withstand the stress of the pressure exerted by the types and amounts of wastes to be placed in the impoundment; and (2) Will not fail due to scouring or piping, without dependence on any liner system included in the surface impoundment construction.
(d)(1) An owner or operator required to have a leak detection system under § 264.221(c) or (d) must record the amount of liquids removed from each leak detection system sump at least once each week during the active life and closure period.
(2) After the final cover is installed, the amount of liquids removed from each leak detection system sump must be recorded at least monthly. If the liquid level in the sump stays below the pump operating level for two consecutive months, the amount of liquids in the sumps must be recorded at least quarterly. If the liquid level in the sump stays below the pump operating level for two consecutive quarters, the amount of liquids in the sumps must be recorded at least semi-annually. If at any time during the post-closure care period the pump operating level is exceeded at units on quarterly or semi-annual recording schedules, the owner or operator must return to monthly recording of amounts of liquids removed from each sump until the liquid level again stays below the pump operating level for two consecutive months.
(3) “Pump operating level” is a liquid level proposed by the owner or operator and approved by the Department based on pump activation level, sump dimensions, and level that avoids backup into the drainage layer and minimizes head in the sump. § 264.227 Emergency Repairs; Contingency Plans.
(a) A surface impoundment must be removed from service in accordance with paragraph (b) of this section when:
(1) The level of liquids in the impoundment suddenly drops and the drop is not known to be caused by changes in the flows into or out of the impoundment; or (2) The dike leaks.
(b) When a surface impoundment must be removed from service as required by paragraph (a) of this section, the owner or operator must;
(1) Immediately shut off the flow or stop the addition of wastes into the impoundment;
(2) Immediately contain any surface leakage which has occurred or is occurring;
(3) Immediately stop the leak;
(4) Take any other necessary steps to stop or prevent catastrophic failure;
(5) If a leak cannot be stopped by any other means, empty the impoundment; and (6) Notify the Department of the problem in writing within seven days after detecting the problem.
(c) As part of the contingency plan required in Subpart D of this part, the owner or operator must specify a procedure for complying with the requirements of paragraph (b) of this section.
(d) No surface impoundment that has been removed from service in accordance with the requirements of this section may be restored to service unless the portion of the impoundment which was failing is repaired and the following steps are taken;
(1) If the impoundment was removed from service as the result of actual or imminent dike failure, the dike's structural integrity must be recertified in accordance with § 264.226(c).
(2) If the impoundment was removed from service as the result of a sudden drop in the liquid level, then;
(e) A surface impoundment that has been removed from service in accordance with the requirements of this section and that is not being repaired must be closed in accordance with the provisions of § 264.228.
§ 264.228 Closure and Post-Closure Care.
(a) At closure, the owner or operator must;
(1) Remove or decontaminate all waste residues, contaminated containment system components (liners, etc.), contaminated subsoils, and structures and equipment contaminated with waste and leachate, and manage them as hazardous waste unless § 261.3(d) of these regulations applies; or (2)(i) Eliminate free liquids by removing liquid wastes or solidifying the remaining wastes and waste residues;
(b) If some waste residues or contaminated materials are left in place at final closure, the owner or operator must comply with all post-closure requirements contained in § § 264.117 through 264.120, including maintenance and monitoring throughout the post-closure care period (specified in the permit under § 264.117). The owner or operator must:
(1) Maintain the integrity and effectiveness of the final cover, including making repairs to the cap as necessary to correct the effects of settling, subsidence, erosion, or other events;
(2) Maintain and monitor the leak detection system in accordance with § § 264.221(c)(2)(iv) and
(3) Maintain and monitor the ground-water monitoring system and comply with all other applicable requirements of Subpart F of this part; and (4) Prevent run-on and run-off from eroding or otherwise damaging the final cover. (c)(1) If an owner or operator plans to close a surface impoundment in accordance with paragraph (a)(1) of this section, and the impoundment does not comply with the liner requirements of § 264.221 (a) and is not exempt from them in accordance with § 264.221(b), then:
(2) The cost estimates calculated under § § 266.12 and 266.13 for closure and post-closure care of an impoundment subject to this paragraph must include the cost of complying with the contingent closure plan and the contingent post-closure plan, but are not required to include the cost of expected closure under paragraph (a)(1) of this section. § 264.229 Special Requirements for Ignitable or Reactive Waste. Ignitable or reactive waste must not be placed in a surface impoundment, unless the waste and impoundment satisfy all requirements of Part 268, and:
(a) The waste is treated, rendered, or mixed before or immediately after placement in the impoundment so that:
(1) The resulting waste, mixture, or dissolution of material no longer meets the definition of ignitable or reactive waste under § 261.21 or § 261.23 of these regulations; and (2) Section 264.17(b) is complied with; or (b) 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; or (c) The surface impoundment is used solely for emergencies. § 264.230 Special Requirements for Incompatible Wastes. Incompatible wastes, or incompatible wastes and materials, (see Appendix V of this part for examples) must not be placed in the same surface impoundment, unless § 264.17(b) is complied with. § 264.231 Special Requirements for Hazardous Wastes F020, F021, F022, F023, F026, and F027.
(a) Hazardous Wastes F020, F021, F022, F023, F026, and F027 must not be placed in a surface impoundment unless the owner or operator operates the surface impoundment in accordance with a management plan for these wastes that is approved by the Department pursuant to the standards set out in this paragraph, and in accord with all other applicable requirements of this Part. The factors to be considered are:
(1) The volume, physical, and chemical characteristics of the wastes, including their potential to migrate through soil or to volatilize or escape into the atmosphere;
(2) The attenuative properties of underlying and surrounding soils or other materials;
(3) The mobilizing properties of other materials co-disposed with these wastes; and (4) The effectiveness of additional treatment, design, or monitoring techniques.
(b) The Department may determine that additional design, operating, and monitoring requirements are necessary for surface impoundments managing hazardous wastes F020, F021, F022, F023, F026, and F027 in order to reduce the possibility of migration of these wastes to ground water, surface water, or air so as to protect human health and the environment. § 264.232 Air Emission Standards.
The owner or operator shall manage all hazardous waste placed in a surface impoundment in accordance with the applicable requirements of Subparts BB and CC of this part. § § 264.233 through 264.249 [Reserved] Subpart L - Waste Piles § 264.250 Applicability.
(a) The regulations in this subpart apply to owners and operators of facilities that store or treat hazardous waste in piles, except as § 264.1 provides otherwise.
(b) The regulations in this subpart do not apply to owners or operators or waste piles that are closed with wastes left in place. Such waste piles are subject to regulation under Subpart N of this part (Landfills).
(c) The owner or operator of any waste pile that is inside or under a structure that provides protection from precipitation so that neither run-off nor leachate is generated is not subject to regulation under § 264.251 or under Subpart F of this part, provided that:
(1) Liquids or materials containing free liquids are not placed in the pile;
(2) The pile is protected from surface water run-on by the structure or in some other manner, (3) The pile is designed and operated to control dispersal of the waste by wind, where necessary, by means other than wetting; and (4) The pile will not generate leachate through decomposition or other reactions. § 264.251 Design and Operating Requirements.
(a) A waste pile (except for an existing portion of a waste pile) must have:
(1) A liner that is designed, constructed, and installed to prevent any migration of wastes out of the pile into the adjacent subsurface soil or ground water or surface water at any time during the active life (including the closure period) of the waste pile. The liner may be constructed of materials that may allow waste to migrate into the liner itself (but not into the adjacent subsurface soil or ground water or surface water) during the active life of the facility. The liner must be:
(2) A leachate collection and removal system immediately above the liner that is designed, constructed, maintained, and operated to collect and remove leachate from the pile. The Department will specify design and operating conditions in the permit to ensure that the leachate depth over the liner does not exceed 30 cm (one foot). The leachate collection and removal system must be:
(b) The owner or operator will be exempted from the requirements of paragraph (a) of this section if the Department finds, based on a demonstration by the owner or operator, that alternate design and operating practices, together with location characteristics, will prevent the migration of any hazardous constituents (see § 264.93) into the ground water or surface water at any future time. In deciding whether to grant an exemption, the Department will consider:
(1) The nature and quantity of the wastes;
(2) The proposed alternate design and operation;
(3) The hydrogeologic setting of the facility, including attenuative capacity and thickness of the liners and soils present between the pile and ground water or surface water; and (4) All other factors which would influence the quality and mobility of the leachate produced and the potential for it to migrate to ground water or surface water.
(c) The owner or operator of each new waste pile unit on which construction commences after January 29, 1992, each lateral expansion of a waste pile unit on which construction commences after July 29, 1992, and each replacement of an existing waste pile unit that is to commence reuse after July 29, 1992 must install two or more liners and a leachate collection and removal system above and between such liners. “Construction commences” is as defined in § 260.10 under “existing facility” .
(1)(i) The liner system must include:
(2) The leachate collection and removal system immediately above the top liner must be designed, constructed, operated, and maintained to collect and remove leachate from the waste pile during the active life and post-closure care period. The Department will specify design and operating conditions in the permit to ensure that the leachate depth over the liner does not exceed 30 cm (one foot). The leachate collection and removal system must comply with paragraphs (c)(3)(iii) and (iv) of this section.
(3) The leachate collection and removal system between the liners, and immediately above the bottom composite liner in the case of multiple leachate collection and removal systems, is also a leak detection system. This leak detection system must be capable of detecting, collecting, and removing leaks of hazardous constituents at the earliest practicable time through all areas of the top liner likely to be exposed to waste or leachate during the active life and post-closure care period. The requirements for a leak detection system in this paragraph are satisfied by installation of a system that is, at a minimum:
(4) The owner or operator shall collect and remove pumpable liquids in the leak detection system sumps to minimize the head on the bottom liner.
(5) The owner or operator of a leak detection system that is not located completely above the seasonal high water table must demonstrate that the operation of the leak detection system will not be adversely affected by the presence of ground water.
(d) The Department may approve alternative design or operating practices to those specified in paragraph (c) of this section if the owner or operator demonstrates to the Department that such design and operating practices, together with location characteristics:
(1) Will prevent the migration of any hazardous constituent into the ground water or surface water at least as effectively as the liners and leachate collection and removal systems specified in paragraph (c) of this section; and (2) Will allow detection of leaks of hazardous constituents through the top liner at least as effectively.
(e) Paragraph (c) of this section does not apply to monofills that are granted a waiver by the Department in accordance with § 264.221(e).
(f) The owner or operator of any replacement waste pile unit is exempt from paragraph (c) of this section if:
(1) The existing unit was constructed in compliance with the design standards of section. 3004(o) (1)(A)(i) and (o)(5) of the Resource Conservation and Recovery Act [42 U.S.C. § 6924(o)]; and (2) There is no reason to believe that the liner is not functioning as designed.
(g) The owner or operator must design, construct, operate, and maintain a run-on control system capable of preventing flow onto the active portion of the pile during peak discharge from at least a 100- year storm.
(h) The owner or operator must design, construct, operate, and maintain a run-off management system to collect and control at least the water volume resulting from a 24-hour, 100-year storm.
(i) Collection and holding facilities (e.g., tanks or basins) associated with run-on and run-off control systems must be emptied or otherwise managed expeditiously after storms to maintain design capacity of the system.
(j) If the pile contains any particulate matter which may be subject to wind dispersal, the owner or operator must cover or otherwise manage the pile to control wind dispersal.
(k) The Department will specify in the permit all design and operating practices that are necessary to ensure that the requirements of this section are satisfied. § 264.252 Action Leakage Rate.
(a) The Department shall approve an action leakage rate for waste pile units subject to § 264.251(c) or (d). The action leakage rate is the maximum design flow rate that the leak detection system (IDS) can remove without the fluid head on the bottom liner exceeding 1 foot. The action leakage rate must include an adequate safety margin to allow for uncertainties in the design (e.g., slope, hydraulic conductivity, thickness of drainage material), construction, operation, and location of the LDS, waste and leachate characteristics, likelihood and amounts of other sources of liquids in the LDS, and proposed response actions (e.g., the action leakage rate must consider decreases in the flow capacity of the system over time resulting from siltation and clogging, rib layover and creep of synthetic components of the system, overburden pressures, etc.).
(b) To determine if the action leakage rate has been exceeded, the owner or operator must convert the weekly flow rate from the monitoring data obtained under § 264.254(c), to an average daily flow rate (gallons per acre per day) for each sump. Unless the Department approves a different calculation, the average daily flow rate for each sump must be calculated weekly during the active life and closure period.
§ 264.253 Response Actions.
(a) The owner or operator of waste pile units subject to § 264.251(c) or (d) must have an approved response action plan before receipt of waste. The response action plan must set forth the actions to be taken if the action leakage rate has been exceeded. At a minimum, the response action plan must describe the actions specified in paragraph (b) of this section.
(b) If the flow rate into the leak detection system exceeds the action leakage rate for any sump, the owner or operator must:
(1) Notify the Department in writing of the exceedence within 7 days of the determination;
(2) Submit a preliminary written assessment to the Department within 14 days of the determination, as to the amount of liquids, likely sources of liquids, possible location, size, and cause of any leaks, and short-term actions taken and planned;
(3) Determine to the extent practicable the location, size, and cause of any leak;
(4) Determine whether waste receipt should cease or be curtailed, whether any waste should be removed from the unit for inspection, repairs, or controls, and whether or not the unit should be closed;
(5) Determine any other short-term and long-term actions to be taken to mitigate or stop any leaks; and (6) Within 30 days after the notification that the action leakage rate has been exceeded, submit to the Department the results of the analyses specified in paragraphs (b)(3), (4), and (5) of this section, the results of actions taken, and actions planned. Monthly thereafter, as long as the flow rate in the leak detection system exceeds the action leakage rate, the owner or operator must submit to the Department a report summarizing the results of any remedial actions taken and actions planned.
(c) To make the leak and/or remediation determinations in paragraphs (b)(3), (4), and (5) of this section, the owner or operator must:
(1)(i) Assess the source of liquids and amounts of liquids by source,
(2) Document why such assessments are not needed.
§ 264.254 Monitoring and Inspection.
(a) During construction or installation, liners (except in the case of existing portions of piles exempt from § 264.251(a)) and cover systems (e.g., membranes, sheets, or coatings) must be inspected for uniformity, damage, and imperfections (e.g., holes, cracks, thin spots, or foreign materials). Immediately after construction or installation:
(1) Synthetic liners and covers must be inspected to ensure tight seams and joints and the absence of tears, punctures, or blisters; and (2) Soil-based and admixed liners and covers must be inspected for imperfections including lenses, cracks, channels, root holes, or other structural non-uniformities that may cause an increase in the permeability of the liner or cover.
(b) While a waste pile is in operation, it must be inspected weekly and after storms to detect evidence of any of the following:
(1) Deterioration, malfunctions, or improper operation of run-on and run-off control systems;
(2) Proper functioning of wind dispersal control systems, where present; and (3) The presence of leachate in and proper functioning of leachate collection and removal systems, where present.
(c) An owner or operator required to have a leak detection system under § 264.251(c) must record the amount of liquids removed from each leak detection system sump at least once each week during the active life and closure period.
§ 264.255 [Reserved] § 264.256 Special Requirements for Ignitable or Reactive Waste. Ignitable or reactive waste must not be placed in a waste pile unless the waste and waste pile satisfy all applicable requirements of Part 268, and:
(a) The waste is treated, rendered, or mixed before or immediately after placement in the pile so that:
(1) The resulting waste, mixture, or dissolution of material no longer meets the definition of ignitable or reactive waste under § 261.21 or § 261.23 of these regulations; and (2) Section 264.17(b) is complied with; or (b) 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.
§ 264.257 Special Requirements for Incompatible Wastes.
(a) Incompatible wastes, or incompatible wastes and materials, (see Appendix V of this part for examples) must not be placed in the same pile, unless § 264.17(b) is complied with.
(b) A pile of hazardous waste that is incompatible with any waste or other material stored nearby in containers, other piles, open tanks, or surface impoundments must be separated from the other materials, or protected from them by means of a dike, berm, wall, or other device.
(c) Hazardous waste must not be piled on the same base where incompatible wastes or materials were previously piled, unless the base has been decontaminated sufficiently to ensure compliance with § 264.17(b).
§ 264.258 Closure and Post-Closure Care.
(a) At closure, the owner or operator must remove or decontaminate all waste residues, contaminated containment system components (liners, etc.), contaminated subsoils, and structures and equipment contaminated with waste and leachate, and manage them as hazardous waste unless § 261.3(d) of these regulations applies.
(b) If, after removing or decontaminating all residues and making all reasonable efforts to effect removal or decontamination of contaminated components, subsoils, structures, and equipment as required in paragraph (a) of this section, the owner or operator finds that not all contaminated subsoils can be practicably removed or decontaminated, he/she must close the facility and perform post- closure care in accordance with the closure and post-closure care requirements that apply to landfills ( § 264.310).
(c)(1) The owner or operator of a waste pile that does not comply with the liner requirements of § 264.251(a)(1) and is not exempt from them in accordance with § 264.250(c) or § 264.251(b), must:
(2) The cost estimates calculated under § § 266.12 and 266.13 for closure and post-closure care of a pile subject to this paragraph must include the cost of complying with the contingent closure plan and the contingent post-closure plan, but are not required to include the cost of expected closure under paragraph (a) of this section. § 264.259 Special Requirements for Hazardous Wastes F020, F021, F022, F023, F026, and F027.
(a) Hazardous Wastes F020, F021, F022, F023, F026, and F027 must not be placed in waste piles that are not enclosed (as defined in § 264.250(c)) unless the owner or operator operates the waste pile in accordance with a management plan for these wastes that is approved by the Department pursuant to the standards set out in this paragraph, and in accord with all other applicable requirements of this Part. The factors to be considered are:
(1) The volume, physical, and chemical characteristics of the wastes, including their potential to migrate through soil or to volatilize or escape into the atmosphere;
(2) The attenuative properties of underlying and surrounding soils or other materials;
(3) The mobilizing properties of other materials co-disposed with these wastes; and (4) The effectiveness of additional treatment, design, or monitoring techniques.
(b) The Department may determine that additional design, operating, and monitoring requirements are necessary for piles managing hazardous wastes F020, F021, F022, F023, F026, and F027 in order to reduce the possibility of migration of these wastes to ground water, surface water, or air so as to protect human health and the environment.
§ 264.260 - § 264.269 [Reserved] Subpart M - Land Treatment § 264.270 Applicability.
The regulations in this subpart apply to owners and operators of facilities that treat or dispose of hazardous waste in land treatment units, except as § 264.1 provides otherwise. § 264.271 Treatment Program.
(a) An owner or operator subject to this subpart must establish a land treatment program that is designed to ensure that hazardous constituents placed in or on the treatment zone are degraded, transformed, or immobilized within the treatment zone. The Department will specify in the facility permit the elements of the treatment program, including:
(1) The wastes that are capable of being treated at the unit based on a demonstration under § 264.272;
(2) Design measures and operating practices necessary to maximize the success of degradation, transformation, and immobilization processes in the treatment zone in accordance with § 264.273(a); and (3) Unsaturated zone monitoring provisions meeting the requirements of § 264.278.
(b) The Department will specify in the facility permit the hazardous constituents that must be degraded, transformed, or immobilized under this subpart. Hazardous constituents are constituents identified in Appendix VIII of Part 261 of these regulations, that are reasonably expected to be in, or derived from, waste placed in or on the treatment zone.
(c) The Department will specify the vertical and horizontal dimensions of the treatment zone in the facility permit. The treatment zone is the portion of the unsaturated zone below and including the land surface in which the owner or operator intends to maintain the conditions necessary for effective degradation, transformation, or immobilization of hazardous constituents. The maximum depth of the treatment zone must be:
(1) No more than 1.5 meters (5 feet) from the initial soil surface; and (2) More than 1 meter (3 feet) above the seasonal high water table. § 264.272 Treatment Demonstration.
(a) For each waste that will be applied to the treatment zone, the owner or operator must demonstrate, prior to application of the waste, that hazardous constituents in the waste can be completely degraded, transformed, or immobilized in the treatment zone.
(b) In making this demonstration, the owner or operator may use field tests, laboratory analyses, available data, or, in the case of existing units, operating data. If the owner or operator intends to conduct field tests or laboratory analyses in order to make the demonstration required under paragraph (a) of this section, he/she must obtain a treatment or disposal permit under § 100.22(d). The Department will specify in this permit the testing, analytical design, and operating requirements (including the duration of the tests and analyses, and, in the case of field tests, the horizontal and vertical dimensions of the treatment zone, monitoring procedures, closure and clean-up activities) necessary to meet the requirements in paragraph (c) of this section.
(c) Any field test or laboratory analysis conducted in order to make a demonstration under paragraph (a) of this section must:
(1) Accurately simulate the characteristics and operating conditions for the proposed land treatment unit including:
(2) Be likely to show that hazardous constituents in the waste to be tested will be completely degraded, transformed, or immobilized in the treatment zone of the proposed land treatment unit; and (3) Be conducted in a manner that protects human health and the environment considering:
§ 264.273 Design and Operating Requirements.
The Department will specify in the facility permit how the owner or operator will design, construct, operate, and maintain the land treatment in compliance with this section.
(a) The owner or operator must design, construct, operate, and maintain the unit to maximize the degradation, transformation, and immobilization of hazardous constituents in the treatment zone. The owner or operator must design, construct, operate, and maintain the unit in accord with all design and operating conditions that were used in the treatment demonstration under § 264.272. At a minimum, the Department will specify the following in the facility permit:
(1) The rate and method of waste application to the treatment zone;
(2) Measures to control soil pH;
(3) Measures to enhance microbial or chemical reactions (e.g., fertilization, tilling); and (4) Measures to control the moisture content of the treatment zone.
(b) The owner or operator must design, construct, operate, and maintain the treatment zone to minimize run-off of hazardous constituents during the active life of the land treatment unit.
(c) The owner or operator must design, construct, operate, and maintain a run-on control system capable of preventing flow onto the treatment zone during peak discharge from at least a 100-year storm.
(d) The owner or operator must design, construct, operate, and maintain a run off management system to collect and control at least the water volume resulting from a 24 hour, 100 year storm.
(e) Collection and holding facilities (e.g., tanks or basins) associated with run on and run off control systems must be emptied or otherwise managed expeditiously after storms to maintain the design capacity of the system.
(f) If the treatment zone contains particulate matter which may be subject to wind dispersal, the owner or operator must manage the unit to control wind dispersal.
(g) The owner or operator must inspect the unit weekly and after storms to detect evidence of:
(1) Deterioration, malfunctions, or improper operation of run on and run off control systems; and (2) Improper functioning of wind dispersal control measures. § 264.274 - § 264.275 [Reserved] §264.276 Food Chain Crops.
The Department may allow the growth of food chain crops in or on the treatment zone only if the owner or operator satisfies the conditions of this section. The Department will specify in the facility permit the specific food chain crops which may be grown. If, pursuant to this section, the Department determines that any restrictions on cultivation of food-chain crops are necessary, an environmental covenant must be created and recorded.
(a)(1) The owner or operator must demonstrate that there is no substantial risk to human health caused by the growth of such crops in or on the treatment zone by demonstrating, prior to the planting of such crops, that hazardous constituents other than cadmium;
(2) The owner or operator must make the demonstration required under this paragraph prior to the planting of crops at the facility for all constituents identified in Appendix VIII of Part 261 of these regulations that are reasonably expected to be in, or derived from, waste placed in or on the treatment zone.
(3) In making a demonstration under this paragraph, the owner or operator may use field tests, greenhouse studies, available data, or, in the case of existing units, operating data, and must:
(4) If the owner or operator intends to conduct field tests or greenhouse studies in order to make the demonstration required under this paragraph, he/she must obtain a permit for conducting such activities.
(b) The owner or operator must comply with the following conditions if cadmium is contained in wastes applied to the treatment zone:
(1)(i) The pH of the waste and soil mixture must be 6.5 or greater at the time of each waste application, except for waste containing cadmium at concentrations of 2 mg/kg (dry weight) or less;
Time period Annual Cd application rate (kilograms per hectare)
Present to June 30, 1984 2.0 July 1, 1984 to December 1.25 31, 1986 Beginning January 1, 0.5
waste must not exceed: 5 kg/ha if soil cation exchange capacity (CEC) is less than 5 meq/100g; 10 kg/ha if soil CEC is 5 15 meq/100g; and 20 kg/ha if soil CEC is greater than 15 meq/100g; or (2)(i) Animal feed must be the only food chain crop produced;
An owner or operator subject to this subpart must establish an unsaturated zone monitoring program to discharge the following responsibilities:
(a) The owner or operator must monitor the soil and soil pore liquid to determine whether hazardous constituents migrate out of the treatment zone.
(1) The Department will specify the hazardous constituents to be monitored in the facility permit. The hazardous constituents to be monitored are those specified under § 264.271(b).
(2) The Department may require monitoring for principal hazardous constituents (PHCs) in lieu of the constituents specified under § 264.271(b). PHCs are hazardous constituents contained in the wastes to be applied at the unit that are the most difficult to treat, considering the combined effects of degradation, transformation, and immobilization. The Director will establish PHCs if he/she finds, based on waste analyses, treatment demonstrations, or other data, that effective degradation, transformation, or immobilization of the PHCs will assure treatment of at least equivalent levels for the other hazardous constituents in the wastes.
(b) The owner or operator must install an unsaturated zone monitoring system that includes soil monitoring using soil cores and soil-pore liquid monitoring using devices such as lysimeters. The unsaturated zone monitoring system must consist of a sufficient number of sampling points at appropriate locations and depths to yield samples that:
(1) Represent the quality of background soil-pore liquid quality and the chemical make-up of soil that has not been affected by leakage from the treatment zone; and (2) Indicate the quality of soil-pore liquid and the chemical make-up of the soil below the treatment zone.
(c) The owner or operator must establish a background value for each hazardous constituent to be monitored under paragraph (a) of this section. The permit will specify the background values for each constituent or specify the procedures to be used to calculate the background values.
(1) Background soil values may be based on a one-time sampling at a background plot having characteristics similar to those of the treatment zone.
(2) Background soil-pore liquid values must be based on at least quarterly sampling for one year at a background plot having characteristics similar to those of the treatment zone.
(3) The owner or operator must express all background values in a form necessary for the determination of statistically significant increases under paragraph (f) of this section.
(4) In taking samples used in the determination of all background values, the owner or operator must use an unsaturated zone monitoring system that complies with paragraph (b)(1) of this section.
(d) The owner or operator must conduct soil monitoring and soil-pore liquid monitoring immediately below the treatment zone. The Department will specify the frequency and timing of soil and soil-pore liquid monitoring in the facility permit after considering the frequency, timing, and rate of waste application, and the soil permeability. The owner or operator must express the results of soil and soil-pore liquid monitoring in a form necessary for the determination of statistically significant increases under paragraph (f) of this section.
(e) The owner or operator must use consistent sampling and analysis procedures that are designed to ensure sampling results that provide a reliable indication of soil-pore liquid quality and the chemical make-up of the soil below the treatment zone. At a minimum, the owner or operator must implement procedures and techniques for:
(1) Sample collection;
(2) Sample preservation and shipment;
(3) Analytical procedures; and (4) Chain of custody control.
(f) The owner or operator must determine whether there is a statistically significant change over background values for any hazardous constituent to be monitored under paragraph (a) of this section below the treatment zone each time he/she conducts soil monitoring and soil-pore liquid monitoring under paragraph (d) of this section.
(1) In determining whether a statistically significant increase has occurred, the owner or operator must compare the value of each constituent, as determined under paragraph (d) of this section, to the background value for that constituent according to the statistical procedure specified in the facility permit under this paragraph.
(2) The owner or operator must determine whether there has been a statistically significant increase below the treatment zone within a reasonable time period after completion of sampling. The Department will specify that time period in the facility permit after considering the complexity of the statistical test and the availability of laboratory facilities to perform the analysis of soil and soil-pore liquid samples.
(3) The owner or operator must determine whether there is a statistically significant increase below the treatment zone using a statistical procedure that provides reasonable confidence that migration from the treatment zone will be identified. The Director will specify a statistical procedure in the facility permit that he/she finds:
(g) If the owner or operator determines pursuant to paragraph (f) of this section, that there is a statistically significant increase of hazardous constituents below the treatment zone, he/she must:
(1) Notify the Department of this finding in writing within seven days. The notification must indicate what constituents have shown statistically significant increases.
(2) Within 90 days, submit to the Department an application for a permit modification to modify the operating practices at the facility in order to maximize the success of degradation, transformation, or immobilization processes in the treatment zone.
(h) If the owner or operator determines, pursuant to paragraph (f) of this section, that there is a statistically significant increase of hazardous constituents below the treatment zone, he/she may demonstrate that a source other than regulated units caused the increase or that the increase resulted from an error in sampling, analysis, or evaluation. While the owner or operator may make a demonstration under this paragraph in addition to, or in lieu of, submitting a permit modification application under paragraph (g)(2) of this section, he/she is not relieved of the requirement to submit a permit modification application within the time specified in paragraph (g)(2) of this section unless the demonstration made under this paragraph successfully shows that a source other than regulated units caused the increase or that the increase resulted from an error in sampling, analysis, or evaluation. In making a demonstration under this paragraph, the owner or operator must:
(1) Notify the Department in writing within seven days of determining a statistically significant increase below the treatment zone that he/she intends to make a determination under this paragraph;
(2) Within 90 days, submit a report to the Department demonstrating that a source other than the regulated units caused the increase or that the increase resulted from error in sampling, analysis, or evaluation;
(3) Within 90 days, submit to the Department an application for a permit modification to make any appropriate changes to the unsaturated zone monitoring program at the facility; and (4) Continue to monitor in accordance with the unsaturated zone monitoring program established under this section.
§ 264.279 Recordkeeping.
The owner or operator must include hazardous waste application dates and rates in the operating record required under § 264.73.
§ 264.280 Closure and Post Closure Care.
(a) During the closure period the owner or operator must:
(1) Continue all operations (including pH control) necessary to maximize degradation, transformation, or immobilization of hazardous constituents within the treatment zone as required under § 264.273(a), except to the extent such measures are inconsistent with paragraph (a)(8) of this section.
(2) Continue all operations in the treatment zone to minimize run off of hazardous constituents as required under § 264.273(b);
(3) Maintain the run on control system required under § 264.273(c);
(4) Maintain the run off control system required under § 264.273(d);
(5) Control wind dispersal of hazardous waste if required under § 264.273(f);
(6) Continue to comply with any prohibitions or conditions concerning growth of food chain crops under § 264.276;
(7) Continue unsaturated zone monitoring in compliance with § 264.278, except that soil pore liquid monitoring may be terminated 90 days after the last application of waste to the treatment zone; and (8) Establish a vegetative cover on the portion of the facility being closed at such time that the cover will not substantially impede degradation, transformation, or immobilization of hazardous constituents in the treatment zone. The vegetative cover must be capable of maintaining growth without extensive maintenance.
(9) If the land treatment unit will require post-closure care as a land disposal facility, submit a draft environmental covenant (or proposed modifications to an existing environmental covenant) for the Department’s review and approval, and upon approval, record the approved covenant or modifications, as appropriate.
(b) For the purpose of complying with § 264.115, when closure is completed the owner or operator may submit to the Department certification by an independent qualified soil scientist, in lieu of an independent registered professional engineer, that the facility has been closed in accordance with the specifications in the approved closure plan.
(c) During the post closure care period the owner or operator must:
(1) Continue all operations (including pH control) necessary to enhance degradation and transformation and sustain immobilization of hazardous constituents in the treatment zone to the extent that such measures are consistent with other post closure activities;
(2) Maintain a vegetative cover over closed portions of the facility;
(3) Maintain the run on control system required under § 264.273(c);
(4) Maintain the run off management system required under § 264.273(d);
(5) Control wind dispersal of hazardous waste if required under § 264.273(f);
(6) Continue to comply with any prohibitions or conditions concerning growth of food chain crops under § 264.276; and (7) Continue unsaturated zone monitoring in compliance with § 264.278, except that soil pore liquid monitoring may be terminated 90 days after the last application of waste to the treatment zone.
(d) The owner or operator is not subject to regulation under paragraphs (a)(8) and (c) of this section if the Department finds that the level of hazardous constituents in the treatment zone soil does not exceed the background value of those constituents by an amount that is statistically significant when using the test specified in paragraph (d)(3) of this section. The owner or operator may submit such a demonstration to the Department at any time during the closure or post-closure care periods. For the purposes of this paragraph:
(1) The owner or operator must establish background soil values and determine whether there is a statistically significant increase over those values for all hazardous constituents specified in the facility permit under § 264.271(b).
(2) In taking samples used in the determination of background and treatment zone values, the owner or operator must take samples at a sufficient number of sampling points and at appropriate locations and depths to yield samples that represent the chemical make-up of soil that has not been affected by leakage from the treatment zone and the soil within the treatment zone, respectively.
(3) In determining whether a statistically significant increase has occurred, the owner or operator must compare the value of each constituent in the treatment zone to the background value for that constituent using a statistical procedure that provides reasonable confidence that constituent presence in the treatment zone will be identified. The owner or operator must use a statistical procedure that:
(e) The owner or operator is not subject to regulation under Subpart F of these regulations if the Department finds that the owner or operator satisfies paragraph (d) of this section and if unsaturated zone monitoring under § 264.278 indicates that hazardous constituents have not migrated beyond the treatment zone during the active life of the land treatment unit. § 264.281 Special Requirements for Ignitable or Reactive Waste. The owner or operator must not apply ignitable or reactive waste to the treatment zone unless the waste and the treatment zone meet all applicable requirements of Part 268, and:
(a) The waste is immediately incorporated into the soil so that:
(1) The resulting waste, mixture, or dissolution of material no longer meets the definition of ignitable or reactive waste under § 261.21 or § 261.23 of these regulations, and (2) Section 264.17(b) is complied with; or (b) 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 § 264.282 Special Requirements for Incompatible Wastes. The owner or operator must not place incompatible wastes, or incompatible wastes and materials (See Appendix V of this part for examples), in or on the same treatment zone, unless § 264.17(b) is complied with.
§ 264 283 Special Requirements for Hazardous Wastes F020, F021, F022, F023, F026, and F027.
(a) Hazardous Wastes F020, F021, F022, F023, F026, F027 must not be placed in a land treatment unit unless the owner or operator operates the facility in accordance with a management plan for these wastes that is approved by the Department pursuant to the standards set out in this paragraph, and in accord with all other applicable requirements of this Part. The factors to be considered are:
(1) The volume, physical, and chemical characteristics of the wastes, including their potential to migrate through soil or to volatilize or escape into the atmosphere;
(2) The alternative properties of underlying and surrounding soils or other materials;
(3) The mobilizing properties of other materials co-disposed with these wastes; and (4) The effectiveness of additional treatment, design, or monitoring techniques.
(b) The Department may determine that additional design, operating, and monitoring requirements are necessary for land treatment facilities managing hazardous wastes F020, F021, F022, F023, F026, and F027 in order to reduce the possibility of migration of these wastes to ground water, surface water, or air so as to protect human health and the environment. § § 264.284 through 264.299 [Reserved] Subpart N - Landfills § 264.300 Applicability.
The regulations in this subpart apply to owners or operators of facilities that dispose of hazardous waste in landfills, except as § 264.1 provides otherwise.
§ 264.301 Design and Operating Requirements.
(a) Any landfill that is not covered by paragraph (c) of this section or § 265.301(a) of these regulations must have a liner system for all portions of the landfill (except for existing portions of such landfill). The liner system must have:
(1) A liner that is designed, constructed, and installed to prevent any migration of wastes out of the landfill to the adjacent subsurface soil or ground water or surface water at anytime during the active life (including the closure period) of the landfill. The liner must be constructed of materials that prevent wastes from passing into the liner during the active life of the facility. The liner must be:
(2) A leachate collection and removal system immediately above the liner that is designed, constructed, maintained, and operated to collect and remove leachate from the landfill. The Department will specify design and operating conditions in the permit to ensure that the leachate depth over the liner does not exceed 30 cm (one foot). The leachate collection and removal system must be:
(b) The owner or operator will be exempted from the requirements of paragraph (a) of this section if the Department finds, based on a demonstration by the owner or operator, that alternative design and operating practices, together with location characteristics, will prevent the migration of any hazardous constituents (see § 264.93) into the ground water or surface water at any future time. In deciding whether to grant an exemption, the Department will consider:
(1) The nature and quantity of the wastes;
(2) The proposed alternate design and operation;
(3) The hydrogeologic setting of the facility, including the attenuative capacity and thickness of the liners and soils present between the landfill and ground water or surface water; and (4) All other factors which would influence the quality and mobility of the leachate produced and the potential for it to migrate to ground water or surface water.
(c) The owner or operator of each new landfill unit on which construction commences after January 29, 1992, each lateral expansion of a landfill unit on which construction commences after July 29, 1992, and each replacement of an existing landfill unit that is to commence reuse after July 29, 1992 must install two or more liners and a leachate collection and removal system above and between such liners. “Construction commences” is as defined in § 260.10 of these regulations under “existing facility” .
(1)(i) The liner system must include:
(2) The leachate collection and removal system immediately above the top liner must be designed, constructed, operated, and maintained to collect and remove leachate from the landfill during the active life and post-closure care period. The Department will specify design and operating conditions in the permit to ensure that the leachate depth over the liner does not exceed 30 cm (one foot). The leachate collection and removal system must comply with paragraphs (c)(3)(iii) and (iv) of this section.
(3) The leachate collection and removal system between the liners, and immediately above the bottom composite liner in the case of multiple leachate collection and removal systems, is also a leak detection system. This leak detection system must be capable of detecting, collecting, and removing leaks of hazardous constituents at the earliest practicable time through all areas of the top liner likely to be exposed to waste or leachate during the active life and post-closure care period. The requirements for a leak detection system in this paragraph are satisfied by installation of a system that is, at a minimum:
(4) The owner or operator shall collect and remove pumpable liquids in the leak detection system sumps to minimize the head on the bottom liner.
(5) The owner or operator of a leak detection system that is not located completely above the seasonal high water table must demonstrate that the operation of the leak detection system will not be adversely affected by the presence of ground water.
(d) The Department may approve alternative design or operating practices to those specified in paragraph (c) of this section if the owner or operator demonstrates to the Department that such design and operating practices, together with location characteristics:
(1) Will prevent the migration of any hazardous constituent into the ground water or surface water at least as effectively as the liners and leachate collection and removal systems specified in paragraph (c) of this section; and (2) Will allow detection of leaks of hazardous constituents through the top liner at least as effectively.
(e) The double liner requirement set forth in paragraph (c) of this section may be waived by the Department for any monofill, if:
(1) The monofill contains only hazardous wastes from foundry furnace emission controls or metal casting molding sand, and such wastes do not contain constituents which would render the wastes hazardous for reasons other than the Toxicity Characteristic in § 261.24 of these regulations, with EPA Hazardous Waste Numbers D004 through D017; and (2)(i)(A) The monofill has at least one liner for which there is no evidence that the liner is leaking;
(f) The owner or operator of any replacement landfill unit is exempt from paragraph (c) of this section if:
(1) The existing unit was constructed in compliance with the design standards of section 3004(o) (1)(A)(i) and (o)(5) of the Resource Conservation and Recovery Act [42 U.S.C § 6924(o)]; and (2) There is no reason to believe that the liner is not functioning as designed.
(g) The owner or operator must design, construct, operate, and maintain a run-on control system capable of preventing flow onto the active portion of the landfill during peak discharge from at least a 100- year storm.
(h) The owner or operator must design, construct, operate, and maintain a run-off management system to collect and control at least the water volume resulting from a 24-hour, 100-year storm.
(i) Collection and holding facilities(e.g., tanks or basins) associated with run-on and run-off control systems must be emptied or otherwise managed expeditiously after storms to maintain design capacity of the system.
(j) If the landfill contains any particulate matter which may be subject to wind dispersal, the owner or operator must cover or otherwise manage the landfill to control wind dispersal.
(k) The Department will specify in the permit 911 design and operating practices that are necessary to ensure that the requirements of this section are satisfied. § 264.302 Action Leakage Rate.
(a) The Department shall approve an action leakage rate for landfill units subject to § 264.301(c) or (d). The action leakage rate is the maximum design flow rate that the leak detection system (LDS) can remove without the fluid head on the bottom liner exceeding 1 foot. The action leakage rate must include an adequate safety margin to allow for uncertainties in the design (e.g., slope, hydraulic conductivity, thickness of drainage material), construction, operation, and location of the LDS, waste and leachate characteristics, likelihood and amounts of other sources of liquids in the LDS, and proposed response actions (e.g., the action leakage rate must consider decreases in the flow capacity of the system over time resulting from siltation and clogging, rib layover and creep of synthetic components of the system, overburden pressures, etc.).
(b) To determine if the action leakage rate has been exceeded, the owner or operator must convert the weekly or monthly flow rate from the monitoring data obtained under § 264.303(c), to an average daily flow rate (gallons per acre per day) for each sump. Unless the Department approves a different calculation, the average daily flow rate for each sump must be calculated weekly during the active life and closure period, and monthly during the post-closure care period when monthly monitoring is required under § 264.303(c).
§ 264.303 Monitoring and Inspection.
(a) During construction or installation, liners (except in the case of existing portions of landfills exempt from § 264.301(a)) and cover systems (e.g., membranes, sheets, or coatings) must be inspected for uniformity, damage and imperfections (e.g., holes, cracks, thin spots, or foreign materials). Immediately after construction or installation:
(1) Synthetic liners and covers must be inspected to ensure tight seams and joints and the absence of tears, punctures, or blisters; and (2) Soil-based and admixed liners and covers must be inspected for imperfections including lenses, cracks, channels, root holes, or other structural non-uniformities that may cause an increase in the permeability of the liner or cover.
(b) While a landfill is in operation, it must be inspected weekly and after storms to detect evidence of any of the following:
(1) Deterioration, malfunctions, or improper operation of run-on and run-off control systems;
(2) Proper functioning of wind dispersal control systems, where present; and (3) The presence of leachate in and proper functioning of leachate collection and removal systems, where present.
(c)(1) An owner or operator required to have a leak detection system under § 264.301(c) or (d) must record the amount of liquids removed from each leak detection system sump at least once each week during the active life and closure period.
(2) After the final cover is installed, the amount of liquids removed from each leak detection system sump must be recorded at least monthly. If the liquid level in the sump stays below the pump operating level for two consecutive months, the amount of liquids in the sumps must be recorded at least quarterly. If the liquid level in the sump stays below the pump operating level for two consecutive quarters, the amount of liquids in the sumps must be recorded at least semi-annually. If at any time during the post-closure care period the pump operating level is exceeded at units on quarterly or semi-annual recording schedules, the owner or operator must return to monthly recording of amounts of liquids removed from each sump until the liquid level again stays below the pump operating level for two consecutive months.
(3) “Pump operating level” is a liquid level proposed by the owner or operator and approved by the Department based on pump activation level, sump dimensions, and level that avoids backup into the drainage layer and minimizes head in the sump. § 264.304 Response Actions.
(a) The owner or operator of landfill units subject to § 264.301(c) or (d) must have an approved response action plan before receipt of waste. The response action plan must set forth the actions to be taken if the action leakage rate has been exceeded. At a minimum, the response action plan must describe the actions specified in paragraph (b) of this section.
(b) If the flow rate into the leak detection system exceeds the action leakage rate for any sump, the owner or operator must:
(1) Notify the Department in writing of the exceedence within 7 days of the determination;
(2) Submit a preliminary written assessment to the Department within 14 days of the determination, as to the amount of liquids, likely sources of liquids, possible location, size, and cause of any leaks, and short-term actions taken and planned;
(3) Determine to the extent practicable the location, size, and cause of any leak;
(4) Determine whether waste receipt should cease or be curtailed, whether any waste should be removed from the unit for inspection, repairs, or controls, and whether or not the unit should be closed;
(5) Determine any other short-term and longer-term actions to be taken to mitigate or stop any leaks; and (6) Within 30 days after the notification that the action leakage rate has been exceeded, submit to the Department the results of the analyses specified in paragraphs (b)(3), (4), and (5) of this section, the results of actions taken, and actions planned. Monthly thereafter, as long as the flow rate in the leak detection system exceeds the action leakage rate, the owner or operator must submit to the Department a report summarizing the results of any remedial actions taken and actions planned.
(c) To make the leak and/or remediation determinations in paragraphs (b)(3), (4), and (5) of this section, the owner or operator must:
(1)(i) Assess the source of liquids and amounts of liquids by source,
(2) Document why such assessments are not needed.
§ § 264.305 through 264.308 [Reserved] § 264.309 Surveying and Recordkeeping.
The owner or operator of a landfill must maintain the following items in the operating record required under § 264.73:
(a) On a map, the exact location and dimensions, including depth, of each cell with respect to permanently surveyed benchmarks; and (b) The contents of each cell and the approximate location of each hazardous waste type within each cell.
§ 264.310 Closure and Post-Closure Care.
(a) At final closure of the landfill or upon closure of any cell, the owner or operator must cover the landfill or cell with a final cover designed and constructed to:
(1) Provide long-term minimization of migration of liquids through the closed landfill;
(2) Function with minimum maintenance;
(3) Promote drainage and minimize erosion or abrasion of the cover;
(4) Accommodate settling and subsidence so that the cover's integrity is maintained; and (5) Have a permeability less than or equal to the permeability of any bottom liner system or natural subsoils present.
(b) After the final closure, the owner or operator must comply with all post-closure requirements contained in § § 264.117 through 264.120, including maintenance and monitoring throughout the post-closure care period (specified in the permit under § 264.117). The owner or operator must:
(1) Maintain the integrity and effectiveness of the final cover, including making repairs to the cap as necessary to correct the effects of settling, subsidence, erosion, or other events;
(2) Continue to operate the leachate collection and removal system until leachate is no longer detected;
(3) Maintain and monitor the leak detection system in accordance with § § 264.301(c)(3)(iv) and
(4) Maintain and monitor the ground-water monitoring system and comply with all other applicable requirements of Subpart F of this Part;
(5) Prevent run-on and run-off from eroding or otherwise damaging the final cover; and (6) Protect and maintain surveyed benchmarks used in complying with § 264.309. § 264.311 [Reserved] § 264.312 Special Requirements for Ignitable or Reactive Waste.
(a) Except as provided in paragraph (b) of this section, and in § 264.316, ignitable or reactive waste must not be placed in a landfill, unless the waste and landfill meet all applicable requirements of Part 268, and:
(1) The resulting waste, mixture, or dissolution of material no longer meets the definition of ignitable or reactive waste under § 261.21 or § 261.23 of these regulations, and (2) Section 264.17(b) is complied with.
(b) Except for prohibited wastes which remain subject to treatment standards in subpart D of part 268, ignitable wastes in containers may be landfilled without meeting the requirements of paragraph (a) of this section, provided that the wastes are disposed of in such a way that they are protected from any material or conditions which may cause them to ignite. At a minimum, ignitable wastes must be disposed of in non-leaking containers which are carefully handled and placed so as to avoid heat, sparks, rupture, or any other condition that might cause ignition of the wastes; must be covered daily with soil or other non-combustible material to minimize the potential for ignition of the wastes; and must not be disposed of in cells that contain or will contain other wastes which may generate heat sufficient to cause ignition of the waste. § 264.313 Special Requirements for Incompatible Wastes. Incompatible wastes, or incompatible wastes and materials, (See Appendix V of this part for examples) must not be placed in the same landfill cell, unless § 264.17(b) is complied with. § 264.314 Special Requirements for Bulk and Containerized Liquids.
(a) The placement of bulk or non-containerized liquid hazardous waste or hazardous waste containing free liquids (whether or not sorbents have been added) in any landfill is prohibited.
(b) [Reserved.] (c) Containers holding free liquids must not be placed in a landfill unless:
(1) All free-standing liquid: (i) has been removed by decanting, or other methods; (ii) has been mixed with sorbent or solidified so that free-standing liquid is no longer observed; or (iii) has been otherwise eliminated; or (2) The container is very small, such as an ampule; or (3) The container is designed to hold free liquids for use other than storage, such as a battery or capacitor; or (4) The container is a lab pack as defined in § 264.316 and is disposed of in accordance with § 264.316.
(d) To demonstrate the absence or presence of free liquids in either a containerized or a bulk waste, the following test must be used: Method 9095 (Paint Filter Liquids Test) as described in “Test Methods for Evaluating Solid Wastes, Physical/Chemical Methods” EPA Publication SW-846, as incorporated by reference in § 260.11 of these regulations.
(e) Sorbents used to treat free liquids to be disposed of in landfills must be nonbiodegradable. Nonbiodegradable sorbents are: materials listed or described in paragraph (e)(1) of this section; materials that pass one of the tests in paragraph (e)(2) of this section; or materials that are determined by EPA to be nonbiodegradable through the Part 260 petition process.
(1) Nonbiodegradable sorbents.
(2) Tests for nonbiodegradable sorbents.
(f) The placement of any free liquid, including a hazardous waste, in a landfill is prohibited. § 264.315 Special Requirements for Containers.
Unless they are very small, such as an ampule, containers must be either:
(a) At least 90 percent full when placed in the landfill; or (b) Crushed, shredded, or similarly reduced in volume to the maximum practical extent before burial in the landfill.
§ 264.316 Disposal of Small Containers of Hazardous Waste in Overpacked Drums (Lab Packs). Small containers of hazardous waste in overpacked drums (lab packs) may be placed in a landfill if the following requirements are met:
(a) Hazardous waste must be packaged in non-leaking inside containers. The inside containers must be of a design and constructed of a material that will not react dangerously with, be decomposed by, or be ignited by the contained waste. Inside containers must be tightly and securely sealed. The inside containers must be of the size and type specified in the Department of Transportation (DOT) hazardous materials regulations (49 CFR Parts 173, 178, and 179), if those regulations specify a particular inside container for the waste.
(b) The inside containers must be overpacked in an open head DOT-specification metal shipping container (49 CFR Parts 178 and 179) of no more than 416-liter (110 gallon) capacity and surrounded by, at a minimum, a sufficient quantity of sorbent material, determined to be nonbiodegradable in accordance with § 264.314(e), to completely sorb all of the liquid contents of the inside containers. The metal outer container must be full after it has been packed with inside containers and sorbent material.
(c) The sorbent material used must not be capable of reacting dangerously with, being decomposed by, or being ignited by the contents of the inside containers in accordance with § 264.17(b).
(d) Incompatible wastes, as defined in § 260.10 of these regulations, must not be placed in the same outside container.
(e) Reactive wastes, other than cyanide- or sulfide-bearing waste as defined in § 261.23(a)(5) of these regulations, must be treated or rendered non-reactive prior to packaging in accordance with paragraphs (a) through (d) of this section. Cyanide- and sulfide-bearing reactive waste may be packed in accordance with paragraphs (a) through (d) of this section without first being treated or rendered non-reactive.
(f) Such disposal is in compliance with the requirements of Part 268. Persons who incinerate lab packs according to the requirements in § 268.42(c)(1) may use fiber drums in place of metal outer containers. Such fiber drums must meet the DOT specifications in 49 CFR § 173.12 and be overpacked according to the requirements in paragraph (b) of this section. § 264.317 Special Requirements for Hazardous Wastes F020, F021, F022, F023, F026, and F027.
(a) Hazardous Wastes F020, F021, F022, F023, F026, and F027 must not be placed in a landfill unless the owner or operator operates the landfill in accord with a management plan for these wastes that is approved by the Department pursuant to the standards set out in this paragraph, and in accord with all other applicable requirements of this Part. The factors to be considered are:
(1) The volume, physical, and chemical characteristics of the wastes, including their potential to migrate through the soil or to volatilize or escape into the atmosphere;
(2) The attenuative properties of underlying and surrounding soils or other materials;
(3) The mobilizing properties of other materials co-disposed with these wastes; and (4) The effectiveness of additional treatment, design, or monitoring requirements.
(b) The Department may determine that additional design, operating, and monitoring requirements are necessary for landfills managing hazardous wastes F020, F021, F022, F023, F026, and F027 in order to reduce the possibility of migration of these wastes to ground water, surface water, or air so as to protect human health and the environment.
§ 264.318 - § 264.339 [Reserved]