CORRESPONDENCE_1990-1993 - Laserfiche WebLink

Home Browse Search

Title 22 EnvirGental Health Standards—Hazardous Wal 66265.116 and 66265.119(a) have been filed with the local zoning au- thority or the authorityw ith jurisdiction over lo=cal land use and with the Department: and (2) submit. to the Department. a certification signed by the owner or operator that the notation specified in subsection (b)(1) of this sec tion has been recorded and a copy of the document in which the notation has been placed. (c) If at any time the owner or operator or any subsequent ow -per of the land upon which a hazardous waste disposal unit was located wishes to remove hazardous wastes and hazardous waste residues. the liner. if any. and all contaminated structures. equipment. and underlying, and sur- rounding soils. the owner or operator shall request a modification to the approved post -closure plan in accordance with the requirements of sec- tion 66265.118(4). The owner or operator shall demonstrate that the re- moval of hazardous wastes will satisfy the criteria of section 66265.117(d). By removing hazardous waste. the owner or operator may become a eeneratorofbazardous waste and shall manaee it in accordance with all applicable requirements of this division. If the owner or operator is granted approval to conduct the removal activities. and the removal ac- tivities are completed to the satisfaction of the Department. the owner or operator may request that the Department approve either. (1) the removal of the notation on the deed to the facility property or other instrument normally examined during title search. or (2) the addition of a notation to the deed or instrument indicating the removal of the hazardous waste. NOTE Authorirycited: Sections 208.25150. 25159 and' -5235. Health and Safety Code. Reference: Sections 25159.35159.5.25245 and 25246. Health and Safety Code: 40 CFR Section 265.119. HISTORY New section filed 5-2a--91: operative 7-1-9I (Register 91. No. 22). 66265.120. Certification of Completion of Post -Closure Care. No later than 60 days of ter the completion of the established post -clo- sure care period for each hazardous waste disposal unit. the owner or op- erator shall submit to the Department. by registered mail. a certification that the post --closure care period for the hazardous waste disposal unit was performed in accordance with the specifications in the approved post -closure plan. The certification shall be signed by the owneror oper- ator and an independent qualified professional engineer. registered in California. Documentation supporting the independent registered. quali- fied professional engineer's certification shallbe furnished to the Depart- ment upon request until the Department releases the owner or operator from the financial assurance requirements for post -closure care under section 66265.145(h). MOTE Audtoricyeited: Sections 208.1-5150.25159 and 252:5. Health and Safety Code. Reference: Sections 15159.25 139.5. 25245 and '_52.6. Hcaith and Safety Cade: 40 CFFR Section 265.120. HISTORY New section tiled 5 :4-91: operative 7-1-91 (Register 91. No. 22). Article 8. Financial Requirements ¢ 66265.140. Applicability. (a) The requirements of sections 66265.142. 66265.143. and 66265.147 through 66265.148 apply to owners or operators of allhazard- ous waste facilities. as defined in section 66260.10. except as provided otherwise in this article. (b) The requirements of sections 66265.144 and 66265.146 apply only to owners and operators of hazardous waste facilities which are disposal sites and tank systems that are required under section 66265.197 to meet the requirements for landfills. (c) States and the Federal government are exempt from the require- ments of this subpart. (d) For purposes of this article. state government shall not include mu- nicipal. local. city. county. city -county special district government or any subdivisions thereof. § 6626-5.142 IoTE Authority cited: Sections 208.25150.'_5159. 35159.5 and 25245. Health and Safeco Code. Reference: Section 25245. Health and Safety Code: 40 C -- Section 265.140. HI STO R Y 1. New section filed 5-23-91: operative 7-1-91 (Rcgisoer 91. No. 22). § 66265.141. Definitions As Used in This Article. (a) The following terms. as defined in section 66260.10. are used in the specifications for the financial tests for closure. post -closure care. and liability coverage. The definitions are intended to assist in the under- standing of these regulations and are not intended to limit the meanings of terms in a way thatccmlicu; with generally accepted accounting prac- tices. "Assets" "Current assets" "Current liabilities" "Current plugging and abandonment cost estimate" "Independently audited" "Liabilities" "-Net working capital" -Net worth.. "Substantial business relationship" "Tangible net worth" ,. (b) In the liabili ty coverage requirements the terms "bodily injury" and "property damage" as defined in section 66260.10 shall have the mean- ings given these terms by applicable State law. However. these tetras do not include those liabilities which. consistent with standard industry practice. are excluded from coverage in liability policies forbodily injury and property damage. The Department intends the meanings of other terms used in the liability insurance requirements to be consistent with their coronion meanings within the insurance industry. The definitions given below and defined in section 66260.10 are intended to assist in the understandins 4f these regulations and are not intended to lis=t their meanings in a way that conflicts with general insurance industry usage. "Accidental occurrence" "Legal defense costs- "Nonsudden accidental occurrence" "Sudden accidental occurrence"' NOTE: Authority cited: Sections i0g. M50.25159. 25159.5 and 25245. Health and Safety Code. Reference: Section 25215. Health and Safety Code: 40 CFR Section 265.141. HISTORY New section filed 5-24--91. operative 7-1-91 (Register 9l..No. 22). 66265.142. Cost Estimate for Closure. (a) The owner or operator shall prepare and submit to the Department a detailed written estimate. in current dollars. of the cost of closing the facility in accordance with the requirements in sections 66265.111 through 66265.115 and applicable closure requirements of sections 66265.178.66265.197. 66265.-M. 66265.25 8.66 265.280. 66265.310. 66265.35 1. 66265.381 and 66265.404. (1) The estimate sball be submitted in accordance with sections 66270.10 and 66270.14. T rte estimate shall equal the cost of final closure at the point in the facility's active Life woes the extent and manner of its ooeration wou ld make c losure the most expensive. as indicated by its c lo - sure pian (see section 66265.1 12(b)). (2) The closure cost estimate shall be based on the costs to the oµner or operator of hiring a third party to close the facility. A third party is a pan' who is neither a parent nor a subsidiary of the owner or operator. (See definition of parent corporation in. section 66260.10.) The owner or operator may use costs for on-site disposal if it can be demonstrated that on-site disposal capacity will exist at all times over the life of the facility. (=) The closure cost estimate shall not incorporate any salvage value that may be realized by the sale of hazardous wastes. facility structures or equipment. land or other far=ity assets at the time of partial or Fina= c lo - sures. (4) Toe owner or operator snail not incorporate a zero cost for hazare- ous waste that might have economic value. Page 3.67 1CY 3lC Y.. �•J. -'-