§ 66265.301. Design and Operating Requirements.

(a) The owner or operator of each new landfill unit on which construction commences after January 29, 1992, each lateral expansion of a landfill unit on which construction commences after July 29, 1992, and each replacement of an existing landfill unit that is to commence reuse after July 29, 1992 shall install two or more liners and a leachate collection and removal system above and between such liners, and operate the leachate collection and removal systems, in accordance with section 66264.301(d) or (e), of this chapter. The requirements of this subsection shall not apply to landfill units receiving only non-RCRA hazardous waste 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 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 landfill 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(a)(2) for non-RCRA hazardous wastes or the characteristic of toxicity as set forth in section 66261.24(a)(1) for wastes with hazardous wastes numbers D004 through D017 for RCRA hazardous wastes; and

(2)(A) 1. . . . the monofill has at least one liner for which there is no evidence that such liner is leaking;

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 hazardous waste facility permits; or

(B) the owner or operator demonstrates to the satisfaction of the Department that the monofill is located, designed and operated so as to assure that there will be no migration of any hazardous constituent into ground water 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) The owner or operator shall design, construct, operate, and maintain a run-on control system capable of preventing flow onto the active portion of the landfill during peak discharge from at least a 25-year storm.

(g) The owner or operator shall design, construct, operate and maintain a run-off management system to collect and control at least the water volume resulting from a 24-hour, 25-year storm.

(h) Collection and holding facilities (e.g., tanks or basins) associated with run-on and run-off control systems shall be emptied or otherwise managed expeditiously after storms to maintain design capacity of the system.

(i) The owner or operator of a landfill containing hazardous waste which is subject to dispersal by wind shall cover or otherwise manage the landfill so that wind dispersal of the hazardous waste is controlled.

(j) As required by section 66265.13, the waste analysis plan must include analyses to comply with sections 66265.312, 66265.313 and 6265.314. As required by section 66265.73, the owner or operator shall place the results of these analyses in the operating record of the facility.

HISTORY

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

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

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

4. 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).

5. Amendment of subsections (d) and (d)(1) and amendment of Note filed 10-13-98; operative 11-12-98 (Register 98, No. 42).

Note

Note: Authority cited: Sections 25150, 25159 and 58012, Health and Safety Code. Reference: Sections 25159 and 25159.5, Health and Safety Code; and 40 CFR Section 265.301.