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Ch. 15,Art. 10-6 11. Change without regulatory effect amending subsection(k)(10)filed 7-1-2004 pursuant to section 100,title 1, California Code of Regulations(Register 2004, No. 27). §66265.193.Containment and Detection of Releases. (a)In order to prevent the release of hazardous waste or hazardous constituents to the environment, secondary containment that meets the requirements of this section shall be provided(except as provided in subsections(f)and(g)of this section): (1)for all new tank systems or components, prior to the tank system or component being put into service; (2)for all existing tank systems, unless: (A)the owner or operator is a conditionally exempt small quantity generator as defined in 40 CFR section 261.5, or a 100 to 1000 kg per month generator as defined in 40 CFR section 265.201, or (B)the owner or operator is not subject to regulation in 40 CFR part 265 pursuant to an exemption in 40 CFR section 265.1; (3)for tank systems that transfer, store or treat materials that subsequently become hazardous wastes within two years after the materials become hazardous waste unless the owner or operator complies with section 40 CFR 265.201 and is one of the following: (A)the owner or operator is a conditionally exempt small quantity generator or a 100 to 1000 kg per month generator, or (B)the owner or operator is not subject to regulation in 40 CFR part 265 pursuant to an exemption in 40 CFR section 265.1, but the owner or operator is subject to the standards of this article. (b)Secondary containment systems shall be: (1)designed, installed, and operated to prevent any migration of wastes or accumulated liquid out of the system to the soil,ground water, or surface water at any time during the use of the tank system; and (2)capable of detecting and collecting releases and accumulated liquids until the collected material is removed. (c)To meet the requirements of subsection(b)of this section, secondary containment systems shall be at a minimum: (1)constructed of or lined with materials that are compatible with the waste(s)to be placed in the tank system and shall have sufficient strength and thickness to prevent failure due to pressure gradients(including static head and external hydrological forces), physical contact with the waste to which they are exposed, climatic conditions,the stress of installation, and the stress of daily operation(including stresses from nearby vehicular traffic); (2)placed on a foundation or base capable of providing support to the secondary containment system and resistance to pressure gradients above and below the system and capable of preventing failure due to settlement, compression, or uplift; (3)provided with a leak detection system that is designed and operated so that it will detect the failure of either the primary and secondary containment structure or any release of hazardous waste or accumulated liquid in the secondary containment system within 24 hours,or at the earliest practicable time if the existing detection technology or site conditions will not allow detection of a release within 24 hours; (4)sloped or otherwise designed or operated to drain and remove liquids resulting from leaks,spills, or precipitation. Spilled or leaked waste and accumulated precipitation shall be removed from the secondary containment system within 24 hours, or in as timely a manner as is possible to prevent harm to human health or the environment, if removal of the released waste or accumulated precipitation cannot be accomplished within 24 hours. (A)If the collected material is a hazardous waste under chapter 11 of this division, it shall be managed as a hazardous waste in accordance with all applicable requirements of chapters 2 through 15 of this division. (B)If the collected material is discharged through a point source to waters of the United States,the owner or operator shall comply with the requirements of sections 301, 304, and 402 of the Federal Clean Water Act(33 U.S.C. sections 1311, 1314 and 1342, respectively), as amended. (C) If the collected material is discharged to Publicly Owned Treatment Works(POTWs),the owner or operator shall comply with the requirements of section 307 of the Federal Clean Water Act, as amended(33 U.S.C. section 1317). (D)If the collected material is released to the environment,the owner or operator shall comply with the applicable reporting requirements of 40 CFR Part 302. (d)Secondary containment for tanks shall include one or more of the following devices: (1)a liner(external to the tank); (2)a vault; (3)a double-walled tank; or (4)an equivalent device as approved by the Department. (e) In addition to the requirements of subsections(b),(c), and (d)of this section, secondary containment systems shall satisfy the following requirements: (1)external liner systems shall be: (A)designed or operated to contain 100 percent of the capacity of the largest tank within its boundary; (B)designed or operated to prevent run-on and infiltration of precipitation into the secondary containment system unless the collection system has sufficient excess capacity, in addition to that required in subsection(e)(1)(A) of this section,to contain run-on and infiltration. Such additional capacity shall be sufficient to contain run-on and infiltration of precipitation from a 25-year, 24-hour rainfall event; Unofficial Title 22©2005 State of California,all rights reserved.May not be commercially reproduced or sold. 6/9/08