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Article 1
General
Section 17897 - 17897.15

Article 2
Standards
Sections 17897.16 - 17897.20

Article 3
Excavation Requirements
Section 17897.21

Article 4
Closure and Post Closure
Section 17897.24

Article 5
LEA Standards and Authorization
Section 17897.25

Regulations: Title 14, Natural Resources--Division 7, CIWMB

Chapter 3.5. Standards for Handling and Disposal of Asbestos-Containing Waste

Article 1. General

Section 17897. Purpose, Scope and Applicability.
The purpose of this chapter is to establish minimum standards that define the acceptable management of asbestos containing waste. The standards of this chapter apply only to the owner or operator of a solid waste facility who disposes of asbestos containing waste, pursuant to Health and Safety Code section 25143.7.

Note:

Authority cited:
Section 44820 of the Public Resources Code.

References:
Section 25143.7 of the Health and Safety Code.

Section 17897.10. Definitions.
The following definitions are to be used only for the purposes of this Chapter.

"Adequately wet" means waste that is sufficiently mixed or penetrated with liquid to prevent the release of finely divided particles. Spraying water over the surface of asbestos containing waste does not satisfy "adequately wet" requirement.

"Asbestos Containing Waste" or "ACW" means asbestos containing waste managed at a landfill as authorized by section 25143.7, chapter 6.5 of the California Health and Safety Code, which contains greater than (1%) friable asbestos by weight. Asbestos containing waste does not include waste contaminated with another hazardous waste as identified in chapter 11, division 4.5, title 22, California Code of Regulations.

"Designated Asbestos Containing Waste Disposal Area" means an area specifically designated for the disposal of asbestos containing waste at a solid waste facility. A specifically designated area is a dedicated disposal area. The area shall be identified on a survey plat containing the location and dimensions of the area with respect to permanently surveyed vertical and horizontal control monuments. This survey plat shall be prepared and certified by a professional land surveyor licensed in California or a civil engineer authorized to practice land surveying in California. The designated area shall be delineated with physical barriers, such as a fence, and signs.

"Disposal" means the final deposition of asbestos containing waste onto the land, into the atmosphere or into the waters of the state.

"Enforcement Agency" means the California Integrated Waste Management Board or its designee.

"Excavation" means any activity that exposes buried asbestos containing waste to the atmosphere.

"Handling" means the collection, processing, treatment, or packaging of asbestos containing waste for disposal.

"Leak tight" means that solids or liquids cannot escape or spill out. It also means dust tight.

"Natural barrier" means a natural object that effectively precludes or deters access. Natural barriers include physical obstacles such as cliffs, lakes, or other large bodies of water, deep and wide ravines, and mountains. Remoteness by itself is not a natural barrier.

"Solid waste facility" means any class II or class III landfill as defined in sections 2532 and 2533, chapter 15, title 23, California Code of Regulations (CCR); and any unclassified waste management unit which accepts inert waste as defined in section 2524, chapter 15, title 23, CCR.

"Visible emissions" means any emissions that are visually detectable without the aid of instrument, coming from asbestos containing waste or from handling and disposal of asbestos containing waste. This does not include condensed uncombined water vapor.

Note:

Authority cited:
Section 44820 of the Public Resources Code.

References:
Section 25143.7 of the Health and Safety Code; 40 CFR Part 61 Section 140, appendix F.

Section 17897.15. Schedules of Compliance.
(a) The owner or operator of a solid waste facility that disposes of asbestos containing waste (ACW) in accordance with section 25143.7 of the Health and Safety Code on or after August 1, 1996 does not posses a solid waste facilities permit shall:

(1) Comply with the security, inspection, manifest system, recordkeeping and reporting requirements specified in this chapter on or before October 30, 1996.

(2) Implement the approved change(s) according to a schedule of compliance established by the Enforcement Agency.

(3) Obtain a solid waste facilities permit on or before November 29, 1997.

(b) The owner or operator of a solid waste facility that disposes of ACW in accordance with section 25143.7 of the Health and Safety Code on or after August 1, 1996 and has a solid waste facilities permit which regulates the disposal of asbestos containing waste shall:

(1) Comply with the security, inspection, manifest system, recordkeeping and reporting requirements specified in this chapter on or before October 30, 1996.

(2) Implement the approved change(s) according to a schedule of compliance established by the Enforcement Agency.

(3) Obtain approval for RDSI amendments on or before November 29, 1997.

(c) The owner or operator of a solid waste facility that disposes of ACW in accordance with section 25143.7 of the Health and Safety Code on or after August 1, 1996 and has a solid waste facilities permit which does not regulate the disposal of asbestos containing waste shall:

(1) Comply with the security, inspection, manifest system, recordkeeping and reporting requirements specified in this chapter on or before October 30, 1996.

(2) Implement the approved change(s) according to a schedule of compliance established by the Enforcement Agency.

(3) Obtain a revised solid waste facilities permit on or before November 29, 1997.

(d) The owner or operator of a solid waste facility that has not disposed of ACW in accordance with section 25143.7 of the Health and Safety Code on or before August 1, 1996 and intends to dispose of ACW shall file an application for a permit revision request pursuant to article 3.1, chapter 5 of this division to the Enforcement Agency and comply with the provisions specified in this chapter.

(e) The owner or operator of a new solid waste facility who intends to dispose of ACW after August 1, 1996 shall file an application for a new permit pursuant to article 3.1, chapter 5 of this division to the Enforcement Agency and comply with the provisions specified in this chapter.

Note:

Authority cited:
Section 44820 of the Public Resources Code.

References:
Section 25143.7 of the Health and Safety Code.

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Article 2. Standards

Section 17897.16. General Standards.
The owner or operator of any solid waste facility that disposes of asbestos containing waste shall ensure that the designated asbestos containing waste disposal area complies with requirements specified in this division. The designated asbestos containing waste disposal area shall be located, designed, constructed, operated and maintained so that it will protect public health, worker safety, and the environment.

Note:

Authority cited:
Section 44820 of the Public Resources Code.

References:
Section 25143.7 of the Health and Safety Code.

Section 17897.18. Design and Operating Requirements.
The owner or operator of a solid waste facility that disposes of asbestos containing waste shall:

(a) establish a designated asbestos containing waste disposal area for the disposal of asbestos containing waste as defined in section 17897.10;

(b) establish a site control program with work zones and control points at the designated asbestos containing waste disposal area. At a minimum, work zones should be established for the active face, designated disposal area, handling and support areas;

(c) segregate asbestos containing waste from refuse. At no time shall asbestos containing waste be disposed with refuse;

(d) establish a means to prevent any visible emissions outside the designated asbestos containing waste disposal area during handling and disposal operations;

(e) maintain the integrity of leak-tight containers and/or packaging at all times during the handling and disposal operations;

(f) minimize the release and exposure of asbestos containing waste after placement in the disposal area by not compacting the waste prior to application of cover, at no time shall compaction equipment come into contact with asbestos containing waste containers or packaging;

(g) after deposit, the owner or operator shall cover the asbestos containing waste with sufficient cover material to ensure complete coverage of the disposed asbestos containing waste and prevent re-exposure during continuing disposal operations.

(h) cover shall be applied to the asbestos containing waste at a frequency that minimizes releases to the environment and threats to human health, but at a minimum of once every operational hour. An alternative frequency may be prescribed if the Enforcement Agency deems it appropriate.

Note:

Authority cited:
Section 44820 of the Public Resources Code.

References:
Section 25143.7 of the Health and Safety Code.

Section 17897.19. Additional Requirements.
(a) The owner or operator shall not accept asbestos containing waste without having received an Identification Number as described in section 66260.10, title 22, California Code of Regulations (CCR), following the procedure specified by the Department of Toxic Substances Control.

(b) In addition to any requirements already imposed on landfills by Title 14, Division 7, Chapter 3 (commencing with section 17200) and Chapter 5 (commencing with section 18010), and in lieu of any requirements imposed by Title 8 and Title 22, the owner or operator shall comply with the following requirements:

(1) Provide additional site security to that required in article 7.4 of chapter 3 of this division (commencing with section 17656) to prevent unauthorized entry of persons into the designated asbestos containing waste disposal area. These requirements include:

(A) A surveillance system which continuously monitors and controls entry by the public into the designated asbestos containing waste disposal area or means to control entry into the designated asbestos containing waste disposal area at all times, unless the entire facility meets the above requirements or the facility does not allow public access.

(B) Post warning signs as specified in this section around the designated asbestos containing waste disposal area. These signs must be posted in a manner so that a person can read them. These signs shall be at least 51 cm X 36 cm (20 inch x 14 inch) and state the following information:

DANGER
Asbestos Waste Disposal Site
Do Not Create Dust
Breathing Asbestos Is Hazardous To Your Health

The top line shall be in at least one and three fourths inch (4.4 cm) type. The second line shall be in at least one inch (2.5 cm) type. The third line shall be in at least three fourths inch (1.9 cm) type. The last line shall be in at least 48 point type. All four lines shall be in Sans Serif, Gothic or Block type. The line spacing shall be equal or greater to the height of the upper line. The legend shall be written in English, Spanish and in any other language predominant in the area surrounding the solid waste facility.

(2) In addition to disposal site records specified in article 7.3 of chapter 3 of this division (commencing with section 17636), maintain the additional information required by article 5, chapter 15, division 4.5, title 22, CCR as it relates to hazardous waste manifests and recordkeeping.

(A) The solid waste facility shall comply with the requirements of chapter 18, division 4.5, title 22, CCR as they apply to the notification/certification/treatment of asbestos containing waste prior to land disposal. At a minimum, the solid waste facility should ensure that the asbestos containing waste is adequately wet or treated so that it meets this standard prior to disposal.

(B) The solid waste facility shall maintain an operating record as part of the disposal site record. This operating record shall include the following information: the quantity and date of each shipment of asbestos containing waste received, the disposal location(s) of each shipment of asbestos containing waste, a summary report of all incidents which require implementation of the contingency plan, results of inspection required by section 17897.20, and training records as specified in subsection (c)(2)(B) of this section. The operating record shall be maintained until closure of the facility.

(3) Meet the requirements for financial responsibility for liability claims and closure and post closure as specified in articles 3.3 and 3.5 of chapter 5 of this division.

(c) The owner or operator shall at a minimum comply with the following additional requirements:

(1) The solid waste facility shall prepare a contingency plan. The contingency plan shall be designed to minimize the hazard to human health or the environment from unplanned sudden or non-sudden release of asbestos containing waste to the air, soil or water. The provisions of this plan shall be carried out immediately when a release could threaten human health or the environment.

(A) The contingency plan shall describe the actions facility personnel shall take in response to a release of asbestos containing waste. The plan shall describe arrangements agreed to by local emergency response agencies. The plan shall list names, addresses and telephone numbers of all persons qualified to act as emergency coordinators. This list shall be kept up to date. The plan shall list all emergency equipment located at the facility. This list shall be kept up to date. The plan shall include a description of each item on the list and a brief description of its capabilities. The plan shall describe a signal to begin evacuation, identify routes for evacuation, and identify alternate routes.

(B) The contingency plan shall be amended whenever: the regulations change, the plan fails, the facility changes in operation, the list of emergency coordinators changes, or the list of emergency equipment changes.

(C) The owner or operator shall note in the operating record the time, date, and details of any incident that requires implementing the contingency plan. Within 15 days after the incident, the owner or operator shall submit a written report on the incident to the Enforcement Agency.

(2) Solid waste facility personnel shall complete a program of classroom instruction or on-the-job training that teaches them to perform their duties in a way which ensures the facility's compliance with these requirements.

(A) The training program shall be directed by a person trained in asbestos waste management procedures. At a minimum, the training program shall be designed to ensure that facility personnel are capable of responding effectively to an emergency by familiarizing them with the contingency plan. Personnel shall successfully complete the training described within six months of their assignment to duties which manage asbestos containing waste. Personnel shall also take part in an annual review of the initial training. No personnel shall work unsupervised until they have completed the training described in this section.

(B) The owner or operator shall maintain the following documents and records at the facility: a job title for each job related to asbestos containing waste management and the name of each person filling that job; a written description of that job title; a written description of the type and amount of training required for that job title; and records documenting that the training had been given.

Note:

Authority cited:
Section 44820 of the Public Resources Code.

References:
Section 25143.7 of the Health and Safety Code.

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Section 17897.20. Inspection Requirements.
The owner or operator of a solid waste facility that disposes of asbestos containing waste shall inspect the facility. This inspection shall include but not be limited to the designated asbestos waste containing area for deterioration, operator errors, problems with cover, leakage and discharges that may be causing or may lead to: (1) releases to the environment; or (2) a threat to human health.

The owner or operator shall maintain an inspection schedule that identifies the items to be inspected, the frequency of the inspection and identify the types of problems that are to be looked for during the inspection. The owner or operator shall conduct these inspections often enough to identify problems in time to correct them before they harm human health or the environment but at a minimum of once each operating day. The owner or operator must remedy any deterioration or malfunction of equipment or structures which the inspection reveals on a schedule which ensures that the problem does not lead to an environmental or human health hazard. Remedial action must be taken immediately where a hazard is imminent or has already occurred. The owner or operator shall maintain a record of these inspections. Notwithstanding section 17897.19(b)(2)(B), the reports resulting from these inspections need only be kept for three years from the date of the inspection.

Note:

Authority cited:
Section 44820 of the Public Resources Code.

References:
Section 25143.7 of the Health and Safety Code.

Article 3. Excavation Requirements

Section 17897.21. Excavation Requirements.
(a) The owner or operator of any solid waste facility that disposes of asbestos containing waste shall ensure that the excavation or disturbance of buried asbestos containing waste will not pose a danger to the public, employees, and environment.

(b) Except as specified in subsection (g) of this section, an excavation management plan shall be prepared and submitted to the Enforcement Agency for review and approval at least 45 days prior to excavating or otherwise disturbing any asbestos containing waste that has been buried at the disposal area. The excavation management plan shall include the following information:

(1) Schedule starting and completion dates.

(2) Map showing the location of the area where buried asbestos containing waste is to be excavated or disturbed, locations of on-site structures, and environmental monitoring collection and control systems.

(3) Reasons for disturbing the waste

(4) A health and safety plan identifying the health and safety issues regarding the proposed excavation and measures to be taken to protect public health, worker safety, and the environment. The plan shall be developed and prepared by an industrial hygienist certified by the American Board of Industrial Hygiene. This health and safety plan shall include work practices and engineering controls to be used to protect worker health and safety during excavation.

(5) Procedures to be used to control emissions during the excavation, storage, transport, and ultimate disposal of the excavated waste. The Enforcement Agency shall consult with the appropriate air quality control district or state Air Resources Control Board when evaluating the proposed emissions control procedures.

(6) Location of any temporary storage site and the final disposal site.

(c) The excavation management plan shall be prepared by a professional engineer or engineering geologist registered in California.

(d) If the excavation will begin on a date other than the date specified in the plan, the owner or operator shall notify the Enforcement Agency at least 5 calendar days prior to the rescheduled start date by certified mail. If the completion date is delayed, the owner or operator shall notify the Enforcement Agency of the new completion date at least 2 calendar days before the original scheduled completion date by certified mail.

(e) In evaluating the proposed excavation management plan, the Enforcement Agency will consider:

(1) whether the excavation is necessary to the proposed use of the site, and will not increase the potential hazard to human health or the environment;

(2) whether the excavation is necessary to reduce a threat to human health, employees, and the environment; and

(3) recommendations of the appropriate air quality control district and the regional water quality control board.

(f) No later than 30 calendar days from receipt of the plan, the Enforcement Agency shall respond to the applicant regarding completeness of the plan. If the plan is incomplete, the applicant will be notified which parts of the plan are incomplete and the manner with which the plan can be made complete. If additional review time is needed, the applicant will be notified within 30 days of submittal of the plan.

(g) The 45 day notice is not required if an emergency excavation is performed to prevent or diminish an imminent and substantial endangerment to human health or the environment. If an emergency excavation is required, the owner or operator shall give verbal notice to the Enforcement Agency prior to beginning the excavation activity and submit a written report to the Enforcement Agency within 15 days after the emergency excavation has been completed.

Note:

Authority cited:
Section 44820 of the Public Resources Code.

References:
Section 25143.7 of the Health and Safety Code.

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Article 4. Closure and Post Closure

Section 17897.24. General.
The owner or operator shall comply with all applicable closure and post closure requirements as specified in article 7.8, chapter 3 and article 3.4, chapter 5 of this division.

Note:

Authority cited:
Section 44820, Public Resources Code.

References:
Section 25143.7, Health and Safety Code.

Article 5. LEA Standards and Authorization

Section 17897.25. Authorized ACW Program.
Local Enforcement Agencies (LEA) shall meet the following requirements before being authorized to enforce this chapter.

(a) At a minimum, the LEA shall:

(1) meet the certification requirements as described in Article 2.1 of chapter 5 of this division.

(2) have provided field staff with training in compliance with Title 8 CCR, including but not limited to recognition of asbestos, respiratory protection, and selection and use of personal protective equipment. The LEA shall amend their Injury, Illness and Prevention Plan to comply with this requirement.

(3) submit an Enforcement Program Plan (EPP) amendment which addresses those elements modified by this authorization.

(4) have field staff trained in environmental sampling methodology and practice. The training shall include knowledge of sampling technique, field quality assurance/control, sample custody, sample collection and documentation.

(5) provide field staff with equipment necessary to comply with these requirement [sic] including but not limited to personal protective equipment and sample collection equipment.

(b) The LEA shall make an application for authorization to the Deputy Director of the Permitting and Enforcement Division of the California Integrated Waste Management Board by cover letter with documentation establishing that the requirements of subsection (a) have been met.

(c) The Board may make a provisional authorization to an LEA that meets the requirements of subsection (a)(1) and (2) of this section. A provisional authorization may authorize the LEA to implement specific provisions of this chapter. The Board may grant full authorization upon complete compliance with the provisions of this section.

(d) In jurisdictions where the Board does not authorize a local program, the Board will be the enforcement agency for ACW.

Note:

Authority cited:
Sections 43200 & 44820 of the Public Resources Code.

References:
Title 14, CCR, Division 7, Article 2.1, Chapter 5; Title 8, CCR section 5192.

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