§ 66264.227. Emergency Repairs; Contingency Plans.

(a) A surface impoundment shall be removed from service in accordance with subsection (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 subsection (a) of this section, the owner or operator shall:

(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 article 4 of this chapter, the owner or operator shall specify a procedure for complying with the requirements of subsection (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 section 66264.226(c).

(2) If the impoundment was removed from service as the result of a sudden drop in the liquid level, then:

(A) for any existing portion of the impoundment, a liner shall be installed in compliance with section 66264.221(a); and

(B) for any other portion of the impoundment, the repaired liner system shall be certified by a qualified engineer, registered in California, as meeting the design specifications approved in the permit.

(e) A surface impoundment that has been removed from service in accordance with the requirements of this section and that is not being repaired shall be closed in accordance with the provisions of section 66264.228.

HISTORY

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

Note

Note: Authority cited: Sections 208, 25150 and 25159, Health and Safety Code. Reference: Sections 25150, 25159 and 25159.5, Health and Safety Code; 40 CFR Section 264.227.