Chapter 3. Minimum Standards for Solid Waste Handling and Disposal
Article 5.6. Nonhazardous Petroleum Contaminated Soil Operations and Facilities Regulatory Requirements
Section 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.
For the purposes of this Article:
(a) "Air District" means Air Pollution Control District or Air Quality Management District.
(b) "Contaminated Soil" means soil that:
(1) contains designated or nonhazardous as set forth in Title 23, Chapter 15, Article 1, section 2510 et seq. of the California Code of Regulations, of petroleum hydrocarbons, such as gasoline and its components (benzene, toluene, xylene, and ethylbenzene), diesel and its components (benzene), virgin oil, motor oil, or aviation fuel, and lead as an associated metal; and,
(2) has been determined pursuant to section 13263(a) of the Water Code to be a waste that requires regulation by the RWQCB or Local Oversight Agency.
(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,
(2) when located at a transfer/processing operation(s), deposition of contaminated soil onto land for a combined period of time greater than one year for transfer, storage, and/or treatment.
(3) Notwithstanding subdivision (e)(2) of this section, deposition of contaminated soil onto land shall not constitute disposal if the RWQCB or the enforcement agency authorizes contaminated soil to remain within the operations area for a period of time greater than one year for the purpose of treatment.
(4) Once the enforcement agency has reason to believe that contaminated soil has been disposed, the burden of proof shall be on the owner or operator to demonstrate that disposal has not occurred.
(5) Disposal does not include the use of contaminated soil for cover material at a solid waste landfill. Notwithstanding this section, contaminated soil shall still require approval for use as cover by the CIWMB and possibly other governmental agencies, including the RWQCB and Air Districts.
(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;
(2) stockpiling areas for contaminated soil; and,
(3) treatment and/or transfer and/or storage and/or disposal 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;
(2) complying with all applicable federal, state and local requirements;
(3) the design, construction, and physical operation of the operations area; and,
(4) site restoration.
(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.
17362.1 through 17362.3 set forth the regulatory tier requirements (commencing at section 18100) that apply to specified types of contaminated soil operations and facilities.
Section 17362.1. Excluded Operations.
The solid waste handling operations and facilities listed in this section do not constitute contaminated soil transfer/processing operations or disposal facilities for the purposes of this Article and are not required to meet the requirements set forth herein. Nothing in this section precludes the enforcement agency or the board from inspecting an excluded operation or facility to verify that the operation or facility is being conducted in a manner that qualifies as an excluded operation or facility or from taking any appropriate enforcement action.
(a) Transfer/processing of contaminated 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,
(2) from a single generator source owned or leased by the generator, its parent, or subsidiary to a specific location for a one time treatment that is within the jurisdiction of the RWQCB and/or the Local Oversight Agency, and/or air district.
(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 Operations.
All contaminated soil transfer/processing operations, except as otherwise provided in this Article, shall comply with the Enforcement Agency Notification requirements set forth in Title 14, Division 7, Chapter 5.0, Article 3.0 of the California Code of Regulations (commencing at section 18103). These operations shall be inspected by the enforcement agency at least once every three (3) months unless the enforcement agency approves, with Department concurrence, a reduced inspection frequency. The enforcement agency may approve a reduced inspection frequency only if it will not pose an additional risk to public health and safety or the environment but in no case shall the frequency be less than once per calendar year. [Note: See section 18083(a)(3) for additional enforcement agency and Department requirements regarding the approval or denial of requests for reducing the frequency of inspections.]
Section 17362.3. Contaminated Soil Disposal Facilities.
All contaminated soil disposal facilities, except as otherwise provided in section 17362.1, shall obtain a Standardized Contaminated Soil Solid Waste Facilities Permit, as set forth in form CIWMB 90 "Contaminated Soil Standardized Solid Waste Facilities Permit" (new 8/95), which is incorporated herein by reference (See Appendix A.), pursuant to the requirements of Title 14, Division 7, Chapter 5.0, Article 3.0 of the California Code of Regulations (commencing with section 18105).
Section 17363. Standardized Contaminated Soil Solid Waste Facilities Permit Terms and Conditions.
The enforcement agency shall include in a Standardized Contaminated Soil Solid Waste Facilities Permit only those terms and conditions, and no others, contained in form CIWMB 90 "Contaminated Soil Standardized Solid Waste Facilities Permit" (rev. 12/96), which is incorporated herein by reference. (See Appendix A.)
Section 17364. Contaminated Soil Operation and Facility Standards.
Sections 17364.1 through 17364.3 set forth the minimum standards that apply to all types of contaminated soil operations and facilities.
Section 17364.1. Sitting On Landfills.
(a) Contaminated soil operations and facilities located on top of closed solid waste landfills shall meet postclosure land use requirements pursuant to Title 14, Division 7, Chapter 3, Article 7.8, section 17796 of the California Code of Regulations.
(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.
Contaminated soil operations and facilities shall be designed and constructed in such a manner as to ensure that the operations and facilities comply with the operational requirements set forth in this Article. A copy of the design of the contaminated soil disposal facility is required as part of the Report of Contaminated Soil Disposal Site Information, as set forth in section 18224.
Section 17364.3. General Operating Standards.
(a) All activities shall be conducted in a manner that minimizes litter, nuisances, dust, noise impacts, or other public health and safety and environmental hazards.
(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:
(1) name of the operation,
(2) name of the operator,
(3) hours of operation,
(4) specify that only nonhazardous petroleum contaminated soil will be accepted, and
(5) phone number where operator or designee can be reached in case of an emergency.
(e) The operator shall provide telephone or radio communication capability for emergency purposes.
Section 17365. General Record Keeping Requirements.
All contaminated soil /transfer operations and disposal facilities shall meet the following 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:
(1) the nature of the complaint,
(2) the date the complaint was received,
(3) if available, the name, address, and telephone number of the person or persons making the complaint, and
(4) any actions taken to respond to the complaint.
(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 Restoration.
All contaminated soil operations and facilities shall meet the following requirements:
(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,
(2) all machinery shall be cleaned of contaminated soil, and
(3) all remaining structures shall be cleaned of contaminated soil.