Cal. Code Regs. Tit. 22, § 66265.259 - Response Actions
(a)
The owner or operator of waste pile units subject to section
66265.254 shall submit a response
action plan to the Department when submitting the proposed action leakage rate
under section
66265.255. The response action
plan shall set forth the actions to be taken if the action leakage rate has
been exceeded. At a minimum, the response action plan shall describe the
actions specified in subsection (b) of this section.
(b) If the flow rate into the leak
determination system exceeds the action leakage rate for any sump, the owner or
operator shall:
(1) Notify the Department in
writing of the exceedence within 7 days of the determination;
(2) Submit a preliminary written assessment
to the Department within 14 days of the determination, as to the amount of
liquids, likely sources of liquids, possible location, size, and cause of any
leaks, and short-term actions taken and planned;
(3) Determine to the extent practicable the
location, size, and cause of any leak;
(4) Determine whether waste receipts should
cease or be curtailed, whether any waste should be removed from the unit for
inspection, repairs, or controls, and whether or not the unit should be
closed;
(5) Determine any other
short-term and longer-term actions to be taken to mitigate or stop any leaks;
and
(6) Within 30 days after the
notification that the action leakage rate has been exceeded, submit to the
Department the results of the analyses specified in subsections (b)(3), (4) and
(5) of this section, the results of actions taken, and actions planned. Monthly
thereafter, as long as the flow rate in the leak detection system exceeds the
action leakage rate, the owner or operator shall submit to the Department a
report summarizing the results of any remedial actions taken and actions
planned.
(c) To make the
leak and/or remediation determinations in subsections (b)(3), (4) and (5) of
this section, the owner or operator shall:
(1)
(A) Assess the source of liquids and amounts
of liquids by source,
(B) Conduct a
fingerprint, hazardous constituent, or other analyses of the liquids in the
leak detection system to identify the source of liquids and possible location
of any leaks, and the hazard and mobility of the liquid; and
(C) Assess the seriousness of any leaks in
terms of potential for escaping into the environment; or
(2) Document why such assessments are not
needed.
Notes
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 265.259.
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