§ 66264.250. Applicability.

(a) The regulations in this article apply to owners and operators of facilities that store or treat hazardous waste in piles, except as section 66264.1 provides otherwise.

(b) The regulations in this article do not apply to owners or operators of waste piles that are part of a permitted facility and are closed with wastes left in place. Such waste piles are subject to regulation under article 14 of this chapter (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 section 66264.251 or under article 6 of this chapter, 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.

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 264.250.