§ 67401.8. Engineering Design

(a) Pursuant to H&SC Section 25398.14 (as it read on June 26, 2012), upon completion of an engineering design to implement an approved remedial action plan, the responsible person for the site shall submit the engineering design to the Department for approval. The Department shall approve, modify, request information, or deny in writing the engineering design within 60 days from the date of receipt.

(b) The Department shall approve an engineering design if the Department determines that the engineering design is consistent with the selected remedial alternative outlined in the approved Remedial Action Plan (RAP). If the engineering design is consistent with the technical and operational plans in the approved RAP and there is compliance with all federal, state, and local statutes, regulations, and ordinances then the Department will grant an approval.

(c) The Department shall request that the responsible person modify the engineering design if the Department determines that the engineering design does not contain sufficient information necessary to ensure that the engineering design is consistent with the approved remedial alternative selected in the RAP and compliance with all federal, state, and local statutes, regulations, and ordinances. The Department shall identify in writing deficiencies that must be addressed in the engineering design. A responsible person shall not implement the response action until the responsible person has made the modifications to the engineering design required by the Department.

(d) The Department shall not approve an engineering design if the Department determines that the engineering design is inconsistent with the selected remedial alternative outlined in the approved RAP.

(e) Any responsible person whose engineering design has been disapproved may request a meeting with the Department to discuss the reasons for the disapproval.

HISTORY

1. New section filed 6-30-95 as an emergency; operative 6-30-95 (Register 95, No. 26). A Certificate of Compliance must be transmitted to OAL by 12-27-95 or emergency language will be repealed by operation of law on the following day.

2. New section, including newly designated subsection (a)(2) and subsection renumbering, refiled 12-26-95 as an emergency; operative 12-26-95 (Register 95, No. 52). A Certificate of Compliance must be transmitted to OAL by 4-24-96 or emergency language will be repealed by operation of law on the following day.

3. New section refiled 4-24-96 as an emergency; operative 4-24-96 (Register 96, No. 17). A Certificate of Compliance must be transmitted to OAL by 8-22-96 or emergency language will be repealed by operation of law on the following day.

4. Repealed by operation of Government Code section 11346.1(g) (Register 96, No. 35).

5. New section filed 8-26-96 as an emergency; operative 8-26-96 (Register 96, No. 35). A Certificate of Compliance must be transmitted to OAL by 12-24-96 or emergency language will be repealed by operation of law on the following day.

6. Certificate of Compliance as to 8-26-96 order, including repealer and new section, transmitted to OAL 10-30-96 and filed 12-10-96 (Register 96, No. 50).

7. Change without regulatory effect amending subsection (a) and Note filed 1-7-2013 pursuant to section 100, title 1, California Code of Regulations (Register 2013, No. 2).

Note

Note: Authority cited: Stats. 1994, c. 435 (S.B. 923), Section 3; and Section 25396, Health and Safety Code. Reference: Section 25396, Health and Safety Code.