Cal. Code Regs. Tit. 22, § 66265.90 - Applicability
(a) The regulations
in this article apply to owners or operators of facilities specified in section
66265.1(b). A
surface impoundment , waste pile , land treatment unit or landfill that receives
or has received hazardous waste after November 19, 1980 shall comply with the
requirements of this article for purposes of detecting, characterizing and
responding to releases to groundwater , surface water or the unsaturated zone .
The Department shall require an owner or operator of a surface impoundment ,
waste pile , land treatment unit or landfill that ceased receiving hazardous
waste by November 19, 1980 to comply with the requirements of this article if
the Department determines that constituents in or derived from waste placed in
the surface impoundment , waste pile , land treatment unit or landfill may pose a
threat to human health or the environment. A surface impoundment , waste pile ,
land treatment unit or landfill required to comply with the provisions of this
article is hereinafter referred to as a "regulated unit ."
(b) The Department may replace all or part of
the requirements of sections
66265.91 through
66265.99 applying to a regulated
unit with alternative requirements for a water quality monitoring and response
program set out in an approved closure or post-closure plan where the
Department determines that:
(1) The regulated
unit is situated among solid waste management units (or areas of concern), a
release has occurred, and both the regulated unit and one or more solid waste
management unit (s) (or areas of concern) are likely to have contributed to the
release; and
(2) It is not
necessary to apply the water quality monitoring and response program
requirements of sections
66265.91 through
66265.99 because alternative
requirements will protect human health and the environment. The alternative
standards for the regulated unit must meet the requirements of section
66264.101(a).
(c) In order to apply section
66265.90(b), the
owner or operator must submit a report to the Department that demonstrates that
each proposed alternative to the requirements of sections
66265.91 through
66265.99 shall provide adequate
protection of human health and the environment. The demonstration report shall
include the rationale and all supporting data for each proposed alternative
requirement. The owner or operator is not relieved of any requirement of
sections 66265.91 through
66265.99 until the Department
provides written approval of the submitted report.
(d) If the owner or operator determines that
any alternative requirement specified through section
66265.90(c) may
not adequately protect human health and the environment, the owner or operator
shall, within 90 days , submit an amended water quality sampling and analysis
plan to make any appropriate changes to the water quality monitoring and
response program.
(e) In the event
that the Department determines that any alternative requirement specified
through section
66265.90(c) may
not adequately protect human health and the environment, the Department shall
send written notification of such determination to the owner or operator by
certified mail , return receipt requested. As part of the determination, the
Department may require that certain requirements of sections
66265.91 through
66265.99 be reinstated in whole or
part. The owner or operator shall, within 90 days after receipt of such
notification by the Department , submit an amended water quality sampling and
analysis plan to make any appropriate changes to the water quality monitoring
and response program.
(f) The
regulations in this article apply to all owners and operators subject to the
requirements of Section
66270.1(c)(7),
when the Department issues either a postclosure permit or an enforceable
document (as defined in Section
66270.1(c)(7)) at
the facility. When the Department issues an enforceable document, references in
this article to "in the permit " mean "in the enforceable document."
Notes
2. New subsections (b)-(e) and amendment of NOTE filed 4-12-2011; operative 5-12-2011 (Register 2011, No. 15).
3. New subsection (f) and amendment of NOTE filed 10-31-2018; operative 1-1-2019 (Register 2018, No. 44).
Note: Authority cited: Sections 25150, 25159, 25259.5, 25245, 25247 and 58012, Health and Safety Code. Reference: Sections 25150, 25150.5, 25159, 25259.5, 25245, 25246 and 58012, Health and Safety Code; and 40 CFR Section 265.90.
2. New subsections (b)-(e) and amendment of Note filed 4-12-2011; operative 5-12-2011 (Register 2011, No. 15).
3. New subsection (f) and amendment of Note filed 10-31-2018; operative
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