California Department of Resources Recycling and Recovery (CalRecycle) 

LEA Advisory #54—October 26, 1998

1998 Inspection Guide for Solid Waste Landfills—Appendix H

Title 22, California Code of Regulations

66262.34. Accumulation Time.

(a) Except as provided in subsections (c) and (d) of this section, a generator may accumulate hazardous waste on-site for 90 days or less without a permit or grant of interim status, provided that:

(1)(A) the waste is placed in containers and the generator complies with article 9 of chapter 15 of this division, or the waste is placed in tanks and the generator complies with article 10 of chapter 15 of this division, except sections 66265.197(c) and 66265.200. In addition, such a generator is exempt from all the requirements in articles 7 and 8 of chapter 15 of this division, except for sections 66265.111 and 66265.114; or

(B) the waste is placed on drip pads and the generator complies with chapter 15, article 17.5, and maintains the following records at the facility:

1. a description of procedures that will be followed to ensure that all wastes are removed from the drip pad and associated collection system at least once every 90 days; and

2. documentation of each waste removal, including the quantity of waste removed from the drip pad and the sump or collection system and the date and time of removal; and/or

(C) the waste is placed in containment buildings and the generator complies with article 20 of Chapter 15 of this division, has placed its professional engineer (PE) certification that the building complies with the design standards specified in 66265.1101 in the facility’s operating record no later than 60 days after the date of initial operation of the unit. After February 18, 1993 , PE certification will be required prior to operation of the unit. The owner or operator shall maintain the following records at the facility:

1. a written description of procedures to ensure that each waste volume remains in the unit for no more than 90 days, a written description of the waste generation and management practices for the facility showing that they are consistent with respecting the 90 day limit, and documentation that the procedures are complied with; or

2. documentation that the unit is emptied at least once every 90 days; and

(2) the date upon which each period of accumulation begins is clearly marked and visible for inspection on each container; and

(3) the generator complies with the requirements of subsection (f) of this section; and

(4) the generator complies with the requirements for owners or operators in articles 3 and 4 of chapter 15 of this division and with section 66265.16;

(b) The beginning of the 90 day period specified in subsections (a) and (c) of this section is determined as follows:

(1) if the generator does not generate more than 100 kilograms of hazardous waste or one kilogram of acutely hazardous waste (listed in section 66261.33(e)) or one kilogram of extremely hazardous waste during any calendar month, the 90 day period begins on the date the generator has accumulated 100 kilograms of hazardous waste or one kilogram of acutely hazardous waste or one kilogram of extremely hazardous waste;

(2) if the generator generates more than 100 kilograms of hazardous waste or one kilogram of acutely hazardous waste or one kilogram of extremely hazardous waste during any calendar month, the 90-day period begins on the first date on which any amount of hazardous waste begins to accumulate during that month.

(c) A generator who accumulates hazardous waste for more than 90 days is an operator of a storage facility and is subject to the requirements of chapters 14 and 15 of this division and the permit requirements of chapter 20 of this division, unless the generator has been granted an extension to the 90-day period or meets the requirements of subsection (d) or (e) of this section. An extension may be granted by the Department if hazardous wastes must remain on-site for longer than 90 days due to unforeseen, temporary, and uncontrollable circumstances. An extension of up to 30 days may be granted at the discretion of the Department on a case-by-case basis.

(d) Notwithstanding subsections (a) and (c) of this section, a generator of less than 1,000 kilograms of hazardous waste in any calendar month who accumulates hazardous waste onsite for 180 days or less, or 270 days or less if the generator transports the generator's own waste, or offers the generator's waste for transportation, over a distance of 200 miles or more, for offsite treatment, storage, or disposal, is not a storage facility if all of the following apply:

(1) The quantity of hazardous waste accumulated onsite never exceeds 6,000 kilograms.

(2) The generator complies with the requirements of subdivisions (d), (e) and (f) of section 262.34 of Title 40 of the Code of Federal Regulations.

(3) The generator does not hold acutely hazardous waste or extremely hazardous waste in an amount greater than one kilogram for more than 90 days.

(e)(1) A generator may accumulate as much as 55 gallons of hazardous waste, one quart of acutely hazardous waste (listed in section 66261.33(e)) or one quart of extremely hazardous waste at or near any point of generation, without a permit or grant of interim status, without complying with subsections (a), (b) and (c) of this section, if all of the following requirements are met with respect to this waste:

(A) the waste is accumulated in containers, other than tanks, at the initial accumulation point which is at or near the area where the waste is generated and which is under the control of the operator of the process generating the waste;

(B) the generator does not hold the waste onsite for more than one year from the initial date of accumulation, or for longer than the applicable accumulation period specified in subdivision (a) or (d), whichever occurs first. For purposes of this subdivision, the applicable accumulation period specified in subdivision (a) or (d) shall start on the date the quantity limitation specified in paragraph 1 of subsection (e) of this section is reached;

(C) the initial date of waste accumulation is clearly marked and visible for inspection on each container used for accumulation of hazardous waste;

(D) the generator complies with sections 66265.171, 66265.172, and 66265.173(a) of this division; and

(E) the generator complies with subsections (e)(2), (e)(3) and (f)(3) of this section.

(2) Except as provided in subsections (e)(2)(A) and (e)(2)(B) of this section, a process or group of processes meeting the requirements of subsection (e)(1) of this section, shall be subject to a single 55 gallon or one quart accumulation limit for that process or group of processes.

(A) If not all of the wastestreams generated by a single process or group of processes located within the same physical area are compatible, a separate 55 gallon or one quart limit shall apply to each group of wastestreams that are compatible.

(B) If the generator determines that using only one 55-gallon or one-quart container to initially accumulate specific compatible wastestreams is not practical (e.g., prevents recycling or requires unreasonable accumulation procedures) or safe from an environmental or worker/public health and safety standpoint, the generator may use a separate 55-gallon or one-quart container for those specific compatible wastestreams. The generator's determination shall be subject to review and approval by the Department at any time.

(3) A generator who has accumulated an amount of hazardous waste, acutely hazardous waste or extremely hazardous waste equal to any applicable quantity limitation listed in subsection (e)(1) of this section at or near any point of generation shall, with respect to that waste, comply within three days with subsection (a) of this section and other applicable provisions of this division. During the three day period the generator shall continue to comply with subsection (e)(1) of this section. Within the three day period, the generator shall mark the container holding the hazardous waste with the date the applicable quantity limitation was reached.

(f) Generators who accumulate hazardous waste on site without a permit or grant of interim status shall comply with the following requirements:

(1) the date upon which each period of accumulation begins shall be clearly marked and visible for inspection on each container and portable tank;

(2) the date the applicable accumulation period specified in subsection (a) or (d) of this section begins, for purposes of subsections (a) and (b) of this section, shall be clearly marked and visible for inspection on each container and tank; and

(3) each container and tank used for onsite accumulation of hazardous waste shall be labeled or marked clearly with the words, "Hazardous Waste." Additionally, all containers and portable tanks shall be labeled with the following information:

(A) composition and physical state of the wastes;

(B) statement or statements which call attention to the particular hazardous properties of the waste (e.g., flammable, reactive, etc.);

(C) name and address of the person producing the waste.

66265.193. Containment and Detection of Releases.

(a) In order to prevent the release of hazardous waste or hazardous constituents to the environment, secondary containment that meets the requirements of this section shall be provided (except as provided in subsections (f) and (g) of this section):

(1) for all new tank systems or components, prior to the tank system or component being put into service;

(2) for all existing tank systems which have been used to transfer, store or treat EPA Hazardous Waste Nos. F020, F021, F022, F023, F026, and F027, within two years after the dates indicated below:

(A) January 12, 1987, for tanks containing RCRA hazardous wastes, unless:

1. the owner or operator is a conditionally exempt small quantity generator as defined in 40 CFR section 261.5, or a 100 to 1000 kg per month generator as defined in 40 CFR section 265.201, or

2. the owner or operator is not subject to regulation in 40 CFR part 265 pursuant to an exemption in 40 CFR section 265.1;

(B) July 1, 1991, for tanks containing RCRA hazardous wastes, if:

1. the owner or operator is a conditionally exempt small quantity generator or a 100 to 1000 kg per month generator, or

2. the owner or operator is not subject to regulation in 40 CFR part 265 pursuant to an exemption in 40 CFR section 265.1, but the owner or operator is subject to the standards of this article.

(3) for those existing tank systems of known and documentable age, within two years after the dates indicated below, or when the tank systems have reached 15 years of age, whichever comes later:

(A) January 12, 1987, for tanks containing RCRA hazardous wastes, unless:

1. the owner or operator is a conditionally exempt small quantity generator as defined in 40 CFR section 261.5, or a 100 to 1000 kg per month generator as defined in 40 CFR section 265.201, or

2. the owner or operator is not subject to regulation in 40 CFR part 265 pursuant to an exemption in 40 CFR section 265.1;

(B) July 1, 1991, for:

1. tanks containing only non-RCRA hazardous wastes, and

2. tanks containing RCRA hazardous wastes, if:

a. the owner or operator is a conditionally exempt small quantity generator or a 100 to 1000 kg per month generator, or

b. the owner or operator is not subject to regulation in 40 CFR part 265 pursuant to an exemption in 40 CFR section 265.1, but the owner or operator is subject to the standards of this article.

(4) (A) for those existing tank systems described in subsection (a)(4)(B) of this section for which the age cannot be documented, within eight years of January 12, 1987; but if the age of the facility is greater than seven years as of January 12, 1987, secondary containment shall be provided by the time the facility reaches 15 years of age, or within two years of January 12, 1987, whichever comes later;

(B) subsection (a)(4)(A) of this section applies to existing tank systems containing RCRA hazardous wastes, unless:

1. the owner or operator is a conditionally exempt small quantity generator or a 100 to 1000 kg per month generator, or

2. the owner or operator is not subject to regulation in 40 CFR part 265 pursuant to an exemption in 40 CFR section 265.1.

(5) (A) for those existing tank systems described in subsection (a)(5)(B) of this section for which the age cannot be documented, within eight years from July 1, 1991; but if the age of the facility is greater than seven years as of July 1, 1991, secondary containment shall be provided by the time the facility reaches 15 years of age, or within two years from July 1, 1991, whichever comes later;

(B) subsection (a)(5)(A) of this section applies to:

1. existing tank systems containing only non-RCRA hazardous wastes, and

2. existing tank systems containing RCRA hazardous wastes, if:

a. the owner or operator is a conditionally exempt small quantity generator or a 100 to 1000 kg per month generator, or

b. the owner or operator is not subject to regulation in 40 CFR part 265 pursuant to an exemption in 40 CFR section 265.1, but the owner or operator is subject to the standards of this article.

(6) for tank systems that transfer, store or treat materials that become hazardous wastes subsequent to the dates indicated below, within the time intervals required in subsections (a)(l) through (a)(5) of this section, except that the date that a material becomes a hazardous waste shall be used in place of the dates indicated below where these dates appear in subsections (a)(1) through (a)(5) of this section:

(A) January 12, 1987, for tanks containing RCRA hazardous wastes, unless:

1. the owner or operator is a conditionally exempt small quantity generator as defined in 40 CFR section 261.5, or a 100 to 1000 kg per month generator as defined in 40 CFR section 265.201, or

2. the owner or operator is not subject to regulation in 40 CFR part 265 pursuant to an exemption in 40 CFR section 265.1;

(B) July 1, 1991, for:

1. tanks containing only non-RCRA hazardous wastes, and

2. tanks containing RCRA hazardous wastes, if:

a. the owner or operator is a conditionally exempt small quantity generator or a 100 to 1000 kg per month generator, or

b. the owner or operator is not subject to regulation in 40 CFR part 265 pursuant to an exemption in 40 CFR section 265.1, but the owner or operator is subject to the standards of this article.

(b) Secondary containment systems shall be:

(1) designed, installed, and operated to prevent any migration of wastes or accumulated liquid out of the system to the soil, ground water, or surface water at any time during the use of the tank system; and

(2) capable of detecting and collecting releases and accumulated liquids until the collected material is removed.

(c) To meet the requirements of subsection (b) of this section, secondary containment systems shall be at a minimum:

(1) constructed of or lined with materials that are compatible with the waste(s) to be placed in the tank system and shall have sufficient strength and thickness to prevent failure due to pressure gradients (including static head and external hydrological forces), physical contact with the waste to which they are exposed, climatic conditions, the stress of installation, and the stress of daily operation (including stresses from nearby vehicular traffic);

(2) placed on a foundation or base capable of providing support to the secondary containment system and resistance to pressure gradients above and below the system and capable of preventing failure due to settlement, compression, or uplift;

(3) provided with a leak detection system that is designed and operated so that it will detect the failure of either the primary and secondary containment structure or any release of hazardous waste or accumulated liquid in the secondary containment system within 24 hours, or at the earliest practicable time if the existing detection technology or site conditions will not allow detection of a release within 24 hours;

(4) sloped or otherwise designed or operated to drain and remove liquids resulting from leaks, spills, or precipitation. Spilled or leaked waste and accumulated precipitation shall be removed from the secondary containment system within 24 hours, or in as timely a manner as is possible to prevent harm to human health or the environment, if removal of the released waste or accumulated precipitation cannot be accomplished within 24 hours.

(A) If the collected material is a hazardous waste under chapter 11 of this division, it shall be managed as a hazardous waste in accordance with all applicable requirements of chapters 2 through 15 of this division.

(B) If the collected material is discharged through a point source to waters of the United States, the owner or operator shall comply with the requirements of sections 301, 304, and 402 of the Federal Clean Water Act (33 U.S.C. sections 1311, 1314 and 1342, respectively), as amended.

(C) If the collected material is discharged to Publicly Owned Treatment Works (POTWs), the owner or operator shall comply with the requirements of section 307 of the Federal Clean Water Act, as amended (33 U.S.C. section 1317).

(D) If the collected material is released to the environment, the owner or operator shall comply with the applicable reporting requirements of 40 CFR Part 302.

(d) Secondary containment for tanks shall include one or more of the following devices:

(1) a liner (external to the tank);

(2) a vault;

(3) a double-walled tank; or

(4) an equivalent device as approved by the Department.

(e) In addition to the requirements of subsections (b), (c), and (d) of this section, secondary containment systems shall satisfy the following requirements:

(1) external liner systems shall be:

(A) designed or operated to contain 100 percent of the capacity of the largest tank within its boundary;

(B) designed or operated to prevent run-on and infiltration of precipitation into the secondary containment system unless the collection system has sufficient excess capacity, in addition to that required in subsection (e)(1)(A) of this section, to contain run-on and infiltration. Such additional capacity shall be sufficient to contain run-on and infiltration of precipitation from a 25-year, 24-hour rainfall event;

(C) free of cracks or gaps; and

(D) designed and installed to completely surround the tank and to cover all surrounding earth likely to come into contact with the waste if released from the tank(s) (i.e., capable of preventing lateral as well as vertical migration of the waste).

(2) Vault systems shall be:

(A) designed or operated to contain 100 percent of the capacity of the largest tank within its boundary;

(B) designed or operated to prevent run-on and infiltration of precipitation into the secondary containment system unless the collection system has sufficient excess capacity, in addition to that required in subsection (e)(2)(A) of this section, to contain run-on and infiltration. Such additional capacity shall be sufficient to contain run-on and infiltration of precipitation from a 25-year, 24-hour rainfall event;

(C) constructed with chemical-resistant water stops in place at all joints (if any);

(D) provided with an impermeable interior coating or lining that is compatible with the waste being transferred, stored or treated and that will prevent migration of waste into the concrete;

(E) provided with a means to protect against the formation of and ignition of vapors within the vault, if the waste being transferred, stored or treated:

1. meets the definition of ignitable waste under section 66262.21 of this division, or

2. meets the definition of reactive waste under section 66261.23 of this division and may form an ignitable or explosive vapor; and

(F) provided with an exterior moisture barrier or be otherwise designed or operated to prevent migration of moisture into the vault if the vault is subject to hydraulic pressure.

(3) Double-walled tanks shall be:

(A) designed as an integral structure (i.e., an inner tank within an outer shell) so that any release from the inner tank is contained by the outer shell;

(B) protected, if constructed of metal, from both corrosion of the primary tank interior and the external surface of the outer shell; and

(C) provided with a built-in, continuous leak detection system capable of detecting a release within 24 hours or at the earliest practicable time, if the owner or operator can demonstrate to the Department, and the Department concurs, that the existing leak detection technology or site conditions will not allow detection of a release within 24 hours.

(f) Ancillary equipment shall be provided with full secondary containment (e.g., trench, jacketing, double-walled piping) that meets the requirements of subsections (b) and (c) of this section except for:

(1) aboveground piping (exclusive of flanges, joints, valves, and connections) that are visually inspected for leaks on a daily basis;

(2) welded flanges, welded joints, and welded connections that are visually inspected for leaks on a daily basis;

(3) sealless or magnetic coupling pumps and sealless valves, that are visually inspected for leaks on a daily basis; and

(4) pressurized aboveground piping systems with automatic shut-off devices (e.g., excess flow check valves, flow metering shutdown devices, loss of pressure actuated shut-off devices) that are visually inspected for leaks on a daily basis.

(g) The owner or operator may obtain a variance from the requirements of this section for existing above-ground tanks in place, if the Department finds, as a result of a demonstration by the owner or operator, either that alternative design and operating practices, together with location characteristics, will prevent the migration of hazardous waste or hazardous constituents into the ground water or surface water at least as effectively as secondary containment during the active life of the tank system, or that in the event of a release that does migrate to ground water or surface water, no substantial present or potential hazard will be posed to human health or the environment.

(1) In deciding whether to grant a variance based on a demonstration of equivalent protection of ground water and surface water, the Department will consider:

(A) the nature and quantity of the waste;

(B) the proposed alternate design and operation;

(C) the hydrogeologic setting of the facility, including the thickness of soils between the tank system and ground water; and

(D) all other factors that would influence the quality and mobility of the hazardous constituents and the potential for the constituents to migrate to ground water or surface water.

(2) In deciding whether to grant a variance, based on a demonstration of no substantial present or potential hazard, the Department will consider:

(A) the potential adverse effects on ground water, surface water, and land quality taking into account:

1. the physical and chemical characteristics of the waste in the tank system, including its potential for migration,

2. the hydrogeological characteristics of the facility and surrounding land,

3. the potential for health risks caused by human exposure to waste constituents,

4. the potential for damage to wildlife, crops, vegetation, and physical structures caused by exposure to waste constituents, and

5. the persistence and permanence of the potential adverse effects;

(B) the potential adverse effects of a release on ground-water quality, taking into account:

1. the quantity and quality of ground water and the direction of ground-water flow,

2. the proximity and withdrawal rates of water in the area,

3. the current and future uses of ground water in the area, and

4. the existing quality of ground water, including other sources of contamination and their cumulative impact on the ground-water quality;

(C) the potential adverse effects of a release on surface water quality, taking into account:

1. the quantity and quality of ground water and the direction of ground-water flow,

2. the patterns of rainfall in the region,

3. the proximity of the tank system to surface waters,

4. the current and future uses of surface waters in the area and any water quality standards established for those surface waters, and

5. the existing quality of surface water, including other sources of contamination and the cumulative impact on surface-water quality; and

(D) the potential adverse effects of a release on the land surrounding the tank system, taking into account:

1. the patterns of rainfall in the region, and

2. the current and future uses of the surrounding land.

(3) The owner or operator of a tank system, for which a variance from secondary containment has been granted in accordance with the requirements of subsection (g)(l) of this section, at which a release of hazardous waste has occurred from the primary tank system but has not migrated beyond the zone of engineering control (as established in the variance), shall:

(A) comply with the requirements of section 66265.196, except subsection (e); and

(B) decontaminate or remove contaminated soil to the extent necessary to:

1. enable the tank system, for which the variance was granted, to resume operation with the capability for the detection of and response to releases at least equivalent to the capability it had prior to the release, and

2. prevent the migration of hazardous waste or hazardous constituents to ground water or surface water; and

(C) if contaminated soil cannot be removed or decontaminated in accordance with subsection (g)(3)(B) of this section, comply with the requirements of section 66265.197(b);

(4) The owner or operator of a tank system, for which a variance from secondary containment has been granted in accordance with the requirements of subsection (g)(l) of this section, at which a release of hazardous waste has occurred from the primary tank system and has migrated beyond the zone of engineering control (as established in the variance), shall:

(A) comply with the requirements of section 66265.196(a), (b), (c), (d) and (e); and

(B) prevent the migration of hazardous waste or hazardous constituents to ground water or surface water, if possible, and decontaminate or remove contaminated soil. If contaminated soil cannot be decontaminated or removed, or if ground water has been contaminated, the owner or operator shall comply with the requirements of section 66265.197(b);

(C) if repairing, replacing, or reinstalling the tank system, provide secondary containment in accordance with the requirements of subsections (a) through (f) of this section or reapply for a variance from secondary containment and meet the requirements for new tank systems in section 66265.192 if the tank system is replaced. The owner or operator shall comply with these requirements even if contaminated soil can be decontaminated or removed, and ground water or surface water has not been contaminated.

(h) The following procedures shall be followed in order to request a variance from secondary containment:

(1) The Department shall be notified in writing by the owner or operator that the facility intends to conduct and submit a demonstration for a variance from secondary containment as allowed in subsection (g) of this section at least 24 months prior to the date that secondary containment is required to be provided in accordance with subsection (a) of this section.

(2) As part of the notification, the owner or operator shall also submit to the Department a description of the steps necessary to conduct the demonstration and a timetable for completing each of the steps. The demonstration shall address each of the factors listed in subsection (g)(l) or subsection (g)(2) of this section.

(3) The demonstration for a variance shall be completed and submitted to the Department within 180 days after notifying the Department of intent to conduct the demonstration.

(4) The Department will inform the public, through a newspaper notice, of the availability of the demonstration for a variance. The notice shall be placed in a daily or weekly major local newspaper of general circulation and shall provide at least 30 days from the date of the notice for the public to review and comment on the demonstration for a variance. The Department also will hold a public hearing, in response to a request or at the Department's own discretion, whenever such a hearing might clarify one or more issues concerning the demonstration for a variance. Public notice of the hearing will be given at least 30 days prior to the date of the hearing and may be given at the same time as notice of the opportunity for the public to review and comment on the demonstration. These two notices may be combined.

(5) The Department will approve or disapprove the request for a variance within 90 days of receipt of the demonstration from the owner or operator and will notify in writing the owner or operator and each person who submitted written comments or requested notice of the variance decision. If the demonstration for a variance is incomplete or does not include sufficient information, the 90-day time period will begin when the Department receives a complete demonstration, including all information necessary to make a final determination. If the public comment period in subsection (h)(4) of this section is extended, the 90-day time period will be similarly extended.

(i) All tank systems, until such time as secondary containment meeting the requirements of this section is provided, shall comply with the following:

(1) for non-enterable underground tanks, a leak test that meets the requirements of section 66265.191(b)(5) shall be conducted at least annually;

(2) for other than non-enterable underground tanks and for all ancillary equipment, an annual leak test, as described in paragraph (i)(l) of this section, or an internal inspection or other tank integrity examination by an independent, qualified, professional engineer, registered in California, that addresses cracks, leaks, corrosion, and erosion shall be conducted at least annually. The owner or operator shall remove the stored waste from the tank, if necessary, to allow the condition of all internal tank surfaces to be assessed.

(3) The owner or operator shall maintain on file at the facility a record of the results of the assessments conducted in accordance with subsections (i)(l) and (i)(2) of this section.

(4) If a tank system or component is found to be leaking or unfit for use as a result of the leak test or assessment in subsections (i)(l) and (i)(2) of this section, the owner or operator shall comply with the requirements of section 66265.196.

(j)(1) Notwithstanding subsections (a) through (c) of this section, secondary containment that meets the requirements of subsection (l) shall be provided for tank systems used to manage hazardous wastes generated onsite, and which meet the criteria specified in subsection (j)(2) of this section:

(A) prior to the tank system or component being placed in service for new tank systems or components; or

(B) by January 24, 1998 for existing tank systems.

(2) The provisions of subsection (j)(1) of this section apply only to:

(A) onground or aboveground tank systems containing only non-RCRA hazardous wastes generated onsite, and tank systems authorized under Permit-by-Rule pursuant to Chapter 45 of this division, Conditional Authorization pursuant to HSC 25200.3, and Conditional Exemption pursuant to HSC 25201.5, and

(B) onground or aboveground tank systems containing RCRA hazardous wastes generated onsite, if:

1. the owner or operator is a conditionally exempt small quantity generator as defined in 40 CFR section 261.5, or a small quantity generator of more than 100 kg but less than 1000 kg per month as defined in 40 CFR section 265.201, or

2. the owner or operator is not subject to regulation in 40 CFR part 265 pursuant to an exemption in 40 CFR section 265.1, but the owner or operator is subject to the standards of this article.

(k) A generator or owner or operator authorized pursuant to Permit-by-Rule pursuant to Chapter 45 of this division, Conditional Authorization pursuant to HSC 25200.3, or Conditional Exemption pursuant to HSC 25201.5, operating a non-RCRA underground tank system or an underground tank system otherwise exempt from permitting requirements pursuant to the federal act, shall comply with the applicable standards of Title 23 of the California Code of Regulations relating to underground tank systems.

(l) Secondary containment for onground or aboveground generator and onsite tier (Permit-by Rule, Conditional Authorization, and Conditional Exemption), non-RCRA tank systems or tank systems otherwise exempt from permitting requirements pursuant to the federal act, shall consist of any of the devices listed in subsection (d) and satisfy the requirements of (e) of this section or consist of any device or combination of devices as approved in writing by the CUPA, or the Department if there is no CUPA or the CUPA requests that the Department make a determination, which would satisfy the following minimum requirements:

(1) designed, installed, and operated to prevent any migration of wastes or accumulated liquid out of the system to the soil, ground water, surface water, or air at any time during the use of the tank system; and

(2) capable of detecting and collecting releases and accumulated liquids until the collected material is removed.

(m) Ancillary equipment shall be provided with secondary containment as specified in subsection (f) of this section or an alternative device or devices as approved in writing by the CUPA, or Department if there is no CUPA or the Department if the CUPA requests that the Department make a determination, which would prevent and/or detect any release of wastes out of the tank system before such wastes could migrate to the soil, ground water, or surface water at any time during the use of the tank system. The following are examples of tank system and ancillary equipment secondary containment alternatives or options that may be proposed for review and approval by the CUPA:

(1) traditional containment of entire tank system within a bermed containment area with visual and/or electronic leak detection monitoring;

(2) troughs or pipe runs with impermeable liners that incorporate the following:

(A) visual monitoring during hours of operation or;

(B) continuous electronic leak detection monitoring for releases or;

(C) sumps located at low elevations with leak detection monitors.

(3) double-walled piping with continuous interstitial monitoring or monitoring intervals located at low elevation points along pipeline;

(4) Double-walled piping with translucent or transparent sections located at low points or low endpoints so that visual monitoring is possible.

(n) A generator or owner or operator authorized pursuant to Permit-by-Rule pursuant to Chapter 45 of this division, Conditional Authorization pursuant to HSC 25200.3, and Conditional Exemption pursuant to HSC 25201.5, operating an onground or aboveground, non-RCRA tank system or a tank system otherwise exempt from permitting requirements pursuant to the federal act, that has 18 months or less remaining in service prior to planned closure of the tank system, may propose alternatives to retrofitting the tank system with secondary containment. Local agency requirements must be considered when proposing alternatives to secondary containment. The owner or operator shall provide the following information in writing to the CUPA, or the Department if there is no CUPA or the CUPA requests that the Department make a determination, so that a determination can be made whether the proposed alternative would be acceptable:

(1) name, address, and EPA identification number of the facility;

(2) date of planned closure;

(3) description of tank system to be closed and form of current authorization for the tank system;

(4) description of how the proposed alternative would provide adequate environmental protection such that the design, installation, and operation will be capable of detecting a release and preventing any migration of wastes or accumulated liquid out of the system to the soil, ground water, surface water, or air at any time during the remaining life of the tank system.

Note: Authority cited: Sections 25150 and 25159, Health and Safety Code. Reference: Sections 25143, 25159 and 25159.5, Health and Safety Code; 40 CFR Section 265.193.

Table of Contents | Advisory 54

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Martin Perez: Martin Perez (916) 323-0834