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Ch. 15, Art. 10-12
<br /> are made.
<br /> (3) If the cause of the release was a leak from the primary tank system into the secondary containment
<br /> system,the system shall be repaired prior to returning the tank system to service.
<br /> (4) If the source of the release was a leak to the environment from a component of a tank system without
<br /> secondary containment, the owner/operator shall provide the component of the system from which the leak occurred
<br /> with secondary containment that satisfies the requirements of section 66265.193 before it can be returned to service,
<br /> unless the source of the leak is an aboveground portion of a tank system. If the source is an aboveground component
<br /> that can be inspected visually,the component shall be repaired and may be returned to service without secondary
<br /> containment as long as the requirements of subsection (g)of this section are satisfied. If a component is replaced to
<br /> comply with the requirements of this subsection,that component shall satisfy the requirements for new tank systems
<br /> or components in sections 66265.192 and 66265.193.Additionally, if a leak has occurred in any portion of a tank
<br /> system component that is not readily accessible for visual inspection (e.g.,the bottom of an inground or onground
<br /> tank),the entire component shall be provided with secondary containment in accordance with section 66265.193 prior
<br /> to being returned to use.
<br /> (g)Certification of major repairs. If the owner or operator has repaired a tank system in accordance with
<br /> subsection (f)of this section, and the repair has been extensive(e.g., installation of an internal liner; repair of a
<br /> ruptured primary containment or secondary containment vessel), the tank system shall not be returned to service
<br /> unless the owner/operator has obtained a certification by an independent, qualified, professional engineer, registered
<br /> in California, in accordance with section 66270.11(d),that the repaired system is capable of handling hazardous
<br /> wastes without release for the intended life of the system.This certification shall be submitted to the Department
<br /> within seven days after returning the tank system to use.
<br /> NOTE:Authority cited: Sections 208, 25150 and 25159, Health and Safety Code. Reference: Sections 25159 and
<br /> 25159.5, Health and Safety Code;40 CFR Section 265.196.
<br /> HISTORY
<br /> 1. New section filed 5-24-91; operative 7-1-91 (Register 91, No. 22).
<br /> §66265.197. Closure and Post-Closure Care.
<br /> (a)At closure of a tank system, the owner or operator shall remove or decontaminate all waste residues,
<br /> contaminated containment system components(liners, etc.), contaminated soils, and structures and equipment
<br /> contaminated with waste, and manage them as hazardous waste, unless section 66261.3(d)of this division applies.
<br /> The closure plan, closure activities, cost estimates for closure, and financial responsibility for tank systems shall meet
<br /> all of the requirements specified in articles 7 and 8 of this chapter.
<br /> (b) If the owner or operator demonstrates that not all contaminated soils can be practicably removed or
<br /> decontaminated as required in subsection (a)of this section,then the owner or operator shall close the tank system
<br /> and perform post-closure care in accordance with the closure and post-closure care requirements that apply to
<br /> landfills(section 66265.310). In addition,for the purposes of closure, post-closure, and financial responsibility, such a
<br /> tank system is then considered to be a landfill, and the owner or operator shall meet all of the requirements for
<br /> landfills specified in articles 7 and 8 of this chapter.
<br /> (c) If an owner or operator has a tank system which does not have secondary containment that meets the
<br /> requirements of section 66265.193(b)through (f)and which has not been granted a variance from the secondary
<br /> containment requirements in accordance with section 66265.193(g),then:
<br /> (1)the closure plan for the tank system shall include both a plan for complying with subsection (a)of this
<br /> section and a contingent plan for complying with subsection (b)of this section;
<br /> (2)a contingent post-closure plan for complying with subsection (b)of this section shall be prepared and
<br /> submitted as part of the permit application;
<br /> (3)the cost estimates calculated for closure and post-closure care shall reflect the costs of complying with
<br /> the contingent closure plan and the contingent post-closure plan, if these costs are greater than the costs of
<br /> complying with the closure plan prepared for the expected closure under subsection (a)of this section;
<br /> (4)financial assurance shall be based on the cost estimates in subsection (c)(3)of this section;
<br /> (5)for the purposes of the contingent closure and post-closure plans, such a tank system is considered to
<br /> be a landfill, and the contingent plans shall meet all of the closure, post-closure, and financial responsibility
<br /> requirements for landfills under articles 7 and 8 of this chapter.
<br /> NOTE:Authority cited: Sections 208, 25150 and 25159, Health and Safety Code. Reference: Sections 25159 and
<br /> 25159.5, Health and Safety Code;40 CFR Section 265.197.
<br /> HISTORY
<br /> 1. New section filed 5-24-91; operative 7-1-91 (Register 91, No. 22).
<br /> §66265.198. Special Requirements for Ignitable or Reactive Wastes.
<br /> (a) Ignitable or reactive waste shall not be placed in a tank system, unless:
<br /> (1)the waste is treated, rendered, or mixed before or immediately after placement in the tank system so
<br /> that:
<br /> (A)the resulting waste, mixture, or dissolved material no longer meets the definition of ignitable or reactive
<br /> waste under sections 66261.21 or 66261.23; and
<br /> (B)section 66265.17(b)is complied with; or
<br /> Unofficial Title 22©2005 State of California,all rights reserved.May not be commercially reproduced or sold. 6/9/08
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