Chapter 3. Minimum Standards for Solid Waste Handling and Disposal
Article 5.6. Nonhazardous Petroleum Contaminated Soil Operations and Facilities Regulatory RequirementsSection 17360. Authority and Scope.
(a) This Article sets forth permitting requirements and minimum operating standards for operations that handle only nonhazardous petroleum contaminated soil, as specified. This Article is not applicable to Class II or III landfills that handle other waste types in addition to contaminated soil.
(b) This Article is adopted pursuant to and for the purpose of implementing the California Integrated Waste Management Act of 1989 (Act) commencing with section 40000 of the Public Resources Code, as amended. These regulations should be read together with the Act.
(c) This Article implements those provisions of the Act relating to the handling of nonhazardous petroleum contaminated soil. Nothing in this Article is intended to limit the power of any federal, state, or local agency to enforce any provision of law that it is authorized or required to enforce or administer.
(d) Nothing in this Article shall be construed as relieving any owner, operator, or designee from the obligation of obtaining all required permits, licenses, or other clearances and complying with all orders, laws, regulations, or reports, or other requirements of other regulatory or enforcement agencies, including but not limited to, local health entities, regional water quality control boards and air quality management districts or air pollution control districts, local land use authorities, and fire authorities.
(e) Nothing in this Article is intended to require the owner or operator of a contaminated soil transfer/processing operation or disposal facility to comply with the Enforcement Agency Notification requirements or to obtain a tiered solid waste facilities permit pursuant to this Article if that owner or operator already has a valid full solid waste facilities permit pursuant to section 44001 of the Public Resources Code.
(f) Operations and facilities subject to this Article shall be in compliance with the provisions of this Article within 90 days after effective date.
Section 17361. Definitions.
(a) "Air District" means Air Pollution Control District or Air Quality Management District.
(b) "Contaminated Soil" means soil that:
(c) "Contaminated Soil Transfer/Processing Operation" means an operation that handles only contaminated soil for purposes of treatment, storage, or transfer. It does not include manufacturing operations.
(d) "Contaminated Soil Disposal Facility" means a facility that handles only contaminated soil for purposes of disposal. It does not include manufacturing operations.
(e) "Disposal" means:
(1) final deposition of contaminated soil onto land, or,
(f) "Local Oversight Agency" means the department, office, or other agency of a county or city authorized pursuant to law other than the Act, commencing with section 40000 of the Public Resources Code, to oversee the cleanup of contaminated soil at a specific location, including but not limited to those agencies designated pursuant to Health and Safety Code section 25283 (Underground Storage Tanks).
(g) "Manufacturing" means using contaminated soil as a raw material in making a finished product that is distinct from soil. Such finished products include but are not limited to asphalt and asphaltic concrete.
(h) "Noncontaminated Soil" means soil that is not required to be regulated as a waste by the RWQCB or Local Oversight Agency.
(i) "Operations Area" means the following areas within the boundary of a contaminated soil transfer/processing operation or disposal facility which is regulated by the CIWMB, the boundary may or may not be the same as the property boundary and could reflect a smaller area:
(1) equipment management area, including cleaning, maintenance, and storage areas;
(j) "Operator" means the owner; or other person who through a lease, franchise agreement or other arrangement with the owner, is legally responsible for all of the following:
(1) complying with regulatory requirements set forth in this Article;
(k) "Owner" means the person or persons who own, in whole or in part, a contaminated soil transfer/processing operation or disposal facility, or the land on which it is located.
(l) "RWQCB" means the Regional Water Quality Control Board.
(m) "Site" means the operations area.
(n) "Transfer" means a handling method where contaminated soil is received temporarily for purposes of transferring from one vehicle to another.
(o) "Treatment" means a reduction in petroleum hydrocarbons present in contaminated soil to a concentration specified by the RWQCB or Local Oversight Agency. Treatment methods may include, aeration, bioremediation, thermal, solidification and chemical fixation, and soil washing.
Section 17362.0. Regulatory Tiers for Contaminated Soil
Operations and Facilities.
Section 17362.1. Excluded Operations.
(a) Transfer/processing ofcontaminated soil:
(1) from a single generator source owned or leased by the generator, its parent, or subsidiary to property owned or leased by the same generator, its parent, or subsidiary; or,
(b) Disposal of contaminated soil from a single Petroleum Exploration and Production Company, its parent, or subsidiary to property owned or leased by the same Petroleum Exploration and Production Company, its parent, or subsidiary.
Section 17362.2. Contaminated Soil Transfer/Processing
Section 17362.3. Contaminated Soil Disposal Facilities.
Section 17363. Standardized Contaminated Soil Solid Waste
Facilities Permit Terms and Conditions.
Section 17364.0. Contaminated Soil Operation and Facility
Section 17364.1. Sitting On Landfills.
(b) Contaminated soil operations and facilities that would be located on top of intermediate cover on a solid waste landfill shall locate operations on areas on foundation substrate that is stabilized by compaction to minimize differential settlement, ponding, soil liquefaction, or failure of pads or structural foundations.
Section 17364.2. General Design Requirements.
Section 17364.3. General Operating Standards.
(b) Unauthorized human or animal access to the operation or facility shall be prevented.
(c) Traffic flow into, on, and out of the operation and facility shall be controlled in a safe manner.
(d) All operations and facilities open for public business shall post legible signs at all public entrances that include the following:
(e) The operator shall provide telephone or radio communication capability for emergency purposes.
Section 17365. General Record Keeping Requirements.
(a) All records required by this Article shall be kept by the operator in one location and accessible for five (5) years and shall be available for inspection by authorized representatives of the board, enforcement agency, local health entity, and other duly authorized regulatory and enforcement agencies during normal working hours.
(b) The operator shall maintain a log of special occurrences encountered during operation and methods used to resolve problems arising from these events, including details of all incidents that required implementing emergency procedures. Special occurrences may include: fires, injury and property damage accidents, explosions, discharge of hazardous or other wastes not permitted, flooding and other unusual occurrences.
(c) The operator shall record any written public complaints received by the operator, including:
(d) The operator shall record, as specified by the RWQCB, the types and concentrations of constituents, the date, and quantity of contaminated soil accepted at the operation or facility; and for treatment, transfer, or storage operations, the types and concentrations of constituents, the date, and quantity of contaminated soil and noncontaminated soil leaving the operations. Where no requirements have been specified by the appropriate RWQCB, the operator shall record the same information as provided by generator source. The operator shall also record the name of all transfer, storage, and/or treatment operations where the contaminated soil was located prior to the receipt by the operator and the dates the contaminated soil was received at each of these operations and removed.
Section 17366. Contaminated Soil Operation and Facility
(a) The operator shall provide the enforcement agency written notice intent to perform site restoration, at least 30 days prior to beginning site restoration.
(b) The operator(s) and owner(s) shall provide site restoration necessary to protect public health, safety, and the environment.
(c) The operator shall ensure that the following site restoration procedures are performed upon completion of operation and termination of service:
(1) the operation grounds, excluding the disposal area, shall be cleaned of all contaminated soil, construction scraps, and other materials related to the operation, and these materials legally recycled, reused, or disposed of,
Legal Office: Dona.Sturgess@calrecycle.ca.gov (916) 341-6066