§ 66265.222. Action Leakage Rate.

(a) The owner or operator of surface impoundment units subject to section 66265.221(a) shall submit a proposed action leakage rate to the Department when submitting the notice required under section 66265.221(b). The Department will establish an action leakage rate, either as proposed by the owner or operator or modified using the criteria in this section.

(b) The Department shall approve an action leakage rate for surface impoundment units subject to section 66265.221(a). The action leakage rate is the maximum design flow rate that the leak detection system (LDS) can remove without the fluid pressure head on the bottom liner exceeding 1 foot (30.5 cm) at any given portion of the liner. The action leakage rate shall 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 shall 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.).

(c) To determine if the action leakage rate has been exceeded, the owner or operator shall convert the weekly or monthly flow rate from the monitoring data obtained under section 66265.226(b), 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 shall be calculated weekly during the active life and closure period, and if the unit closes in accordance with section 66265.228(a)(2), monthly during the post-closure care period when monthly monitoring is required under section 66265.226(b).

HISTORY

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

2. Repealer and new section filed 7-19-95; operative 8-18-95 (Register 95, No. 29).

3. Change without regulatory effect amending subsection (b) filed 6-30-97 pursuant to section 100, title 1, California Code of Regulations (Register 97, No. 27).

4. Change without regulatory effect amending Note filed 6-7-2004 pursuant to section 100, title 1, California Code of Regulations (Register 2004, No. 24).

Note

Note: Authority cited: Sections 25150 and 25159, Health and Safety Code; and Governor's Reorganization Plan Number 1 of 1991. Reference: Sections 25159 and 25159.5, Health and Safety Code; and 40 CFR Section 265.222.