§ 66265.221. Design Requirements.

(a) The owner or operator of each new surface impoundment unit 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 shall install two or more liners and a leachate collection and removal system between such liners, and operate the leachate collection and removal system, in accordance with section 66264.221(c), unless exempted under section 66264.221(f) or (g) of this chapter. The requirements of this subsection shall not apply to surface impoundment units receiving only non-RCRA hazardous until February 18, 1996. “Construction commences” is as defined in section 66260.10 of this chapter under “existing facility.”

(b) The owner or operator of each unit referred to in subsection (a) of this section shall notify the Department at least sixty (60) days prior to receiving waste. The owner or operator of each facility submitting notice shall file a Part B application within six months of the receipt of such notice.

(c) The owner or operator of any replacement surface impoundment unit is exempt from subsection (a) of this section if:

(1) The existing unit was constructed in compliance with the design standards of 42 USC section 6924(o)(1)(A)(i) and 42 USC section 6924(o)(5); and

(2) There is evidence to believe that the liner is functioning as designed.

(d) The double liner requirement set forth in subsection (a) 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 exceeding the soluble threshold limit concentration as described in section 66261.24; and

(2)(A) 1. the monofill has at least one liner for which there is no evidence that such 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 a liner designed, constructed, installed and operated to prevent hazardous waste from migrating beyond the liner to adjacent subsurface soil, groundwater 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 subsection (a) 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 of operator of such impoundment must comply with appropriate postclosure requirements, including but not limited to ground-water monitoring and corrective action;

2. the monofill is located more than one-quarter mile from an underground source of drinking water as defined in section 66260.10; and

3. the monofill is in compliance with generally applicable groundwater monitoring requirements for facilities with permits; or

(B) the owner or operator demonstrates that the monofill is located, designed and operated so as to assure that there will be no migration of any hazardous constituent into groundwater or surface water at any future time.

(e) In the case of any unit in which the liner and leachate collection system has been installed pursuant to the requirements of subsection (a) of this section and in good faith compliance with subsection (a) of this section no liner or leachate collection system which is different from that which was so installed pursuant to subsection (a) of this section will be required for such unit by the Department when issuing the first permit to such facility, except that the Department will not be precluded from requiring installation of a new liner when the Department has reason to believe that any liner installed pursuant to the requirements of subsection (a) of this section is leaking.

(f) A surface impoundment shall maintain enough freeboard to prevent any overtopping of the dike by overfilling, wave action, or a storm. Except as provided in subsection (b) of this section, there shall be at least 2 feet (60 cm) of freeboard.

(g) A freeboard level of less than 2 feet (60 cm) may be maintained if the owner or operator obtains certification by a qualified engineer, registered in California, that alternative design features or operating plans will, to the best of the engineer's knowledge and opinion, prevent overtopping of the dike. The certification along with a written identification of alternate design features or operating plans preventing overtopping, shall be maintained at the facility.

(h) Surface impoundments that are newly subject to RCRA section 3005(j)(1) (42 U.S.C. section 6925(j)(1)) due to the promulgation of additional listings or characteristics for the identification of hazardous waste shall be in compliance with subsections (a), (c) and (d) of this section not later than 48 months after the promulgation of the additional listing or characteristic. This compliance period shall be consistent with health and safety code, division 20, article 9.5 and shall not be cut short as the result of the promulgation of land disposal prohibitions under Chapter 18 or the granting of an extension to the effective date of a prohibition pursuant to section 66268.5, within this 48-month period.

HISTORY

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

2. Amendment of section heading and subsections (a) and (c), new subsections (c)(1)-(2), (f), and (g), and amendment of Note filed 7-19-95; operative 8-18-95 (Register 95, No. 29).

3. Amendment of section heading, repealer of subsections (f) and (g), new subsection (h) and amendment of Note filed 1-31-96; operative 1-31-96 (Register 96, No. 5).

4. Change without regulatory effect amending subsections (a) and (c)(1) and adopting new subsections (f) and (g) filed 6-30-97 pursuant to section 100, title 1, California Code of Regulations (Register 97, No. 27).

5. Change without regulatory effect amending subsection (h) filed 8-15-97 pursuant to section 100, title 1, California Code of Regulations (Register 97, No. 33).

6. Change without regulatory effect amending subsection (a) filed 10-21-97 pursuant to section 100, title 1, California Code of Regulations (Register 97, No. 43).

Note

Note: Authority cited: Sections 208, 25150 and 25159, Health and Safety Code. Reference: Sections 25159, 25159.5 and 25208.5, Health and Safety Code; and 40 CFR Section 265.221.