(a) Owners and operators who are subject to
the requirement to obtain a postclosure permit under Section
66270.1(c), but
who obtain enforceable documents in lieu of postclosure permits, as provided
under Section
66270.1(c)(7),
must comply with the following requirements:
(1) The requirements to submit information
about the facility in Section
66270.28;
(2) The requirements for facility-wide
corrective action in Section
66264.101; and
(b)
(1) The
Department, in issuing enforceable documents in lieu of permits under this
section, will assure a meaningful opportunity for public involvement which, at
a minimum, includes public notice and opportunity for public comment:
(A) When the Department becomes involved in a
remediation at the facility as a regulatory or enforcement matter;
(B) On the proposed preferred remedy and the
assumptions upon which the remedy is based, in particular those related to land
use and site characterization; and
(C) At the time of a proposed decision that
remedial action is complete at the facility.
These requirements must be met before the Department may
consider that the facility has met the requirements of Section
66270.1(c)(7),
unless the facility qualifies for a modification to these public involvement
procedures under paragraph (b)(2) or (3) of this
section.
(2) If
the Department determines that even a short delay in the implementation of a
remedy would adversely affect human health or the environment, the Department
may delay compliance with the requirements of paragraph (b)(1) of this section
and implement the remedy immediately. However, the Department must assure
involvement of the public at the earliest opportunity, and, in all cases, upon
making the decision that additional remedial action is not needed at the
facility.
(3) The Department may
allow a remediation approved by the Department and initiated prior to the
enactment of this regulation to substitute for corrective action required under
a postclosure permit even if the public involvement requirements of paragraph
(b)(1) of this section have not been met so long as the Department assures that
notice and comment on the decision that no further remediation is necessary to
protect human health and the environment takes place at the earliest reasonable
opportunity after this regulation was enacted.
Notes
Cal. Code
Regs. Tit. 22, §
66265.121
1. New
section filed 10-31-2018; operative 1-1-2019 (Register 2018, No.
44).
Note: Authority cited: Sections
25150,
25159,
25245,
25247,
25259.5 and 58012, Health and Safety Code. Reference: Sections
25159,
25159.5,
25245,
25246
and 58012, Health and Safety Code; and
40 CFR Section
265.121.
1. New
section filed 10-31-2018; operative
1/1/2019
(Register
2018, No. 44).
1. New section filed 10-31-2018;
operative 1/1/2019 (Register
2018, No. 44).
