§ 66264.703. Hazardous Constituents.

(a) The Department will specify in the facility permit the hazardous constituents to which the environmental protection standard of section 66264.702 applies. Constituents specified in the permit will be limited to constituents reasonably expected to be in or derived from waste contained in a regulated unit.

(b) The Department shall not specify in the facility permit constituents the Department considers not capable of posing a substantial present or potential hazard to human health or the environment and that are not useful as an indicator of migration of hazardous waste. In deciding which constituents to cite in the facility permit, the Department will consider the following:

(1) potential effects on human health or the environment that can result from migration of waste constituents from a regulated unit considering:

(A) the volume, physical and chemical characteristics of the waste in the regulated unit, including its potential for migration;

(B) the hydrogeological characteristics of the facility and surrounding land;

(C) the current and estimated future uses of the area;

(D) any existing contamination or pollution, including other sources and their cumulative impact;

(E) the potential for health risks caused by human exposure to waste constituents;

(F) the potential damage to wildlife, crops, vegetation and physical structures caused by exposure to waste constituents; and

(G) the persistence and permanence of the potential adverse effects;

(2) potential adverse effects on surface and groundwater quality; and

(3) capability of the substance to act as an indicator of the possible presence of a hazardous constituent of hazardous waste.

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(a), 25159, 25159.5 and 25245, Health and Safety Code.