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Ch. 15, Art. 10-10
<br />requirements must be considered when proposing alternatives to secondary containment. The owner or operator
<br />shall provide the following information in writing to the CUPA, or the Department if there is no CUPA or the CUPA
<br />requests that the Department make a determination, so that a determination can be made whether the proposed
<br />alternative would be acceptable:
<br />(1) name, address, and EPA identification number of the facility;
<br />(2) date of planned closure;
<br />(3) description of tank system to be closed and form of current authorization for the tank system;
<br />(4) description of how the proposed alternative would provide adequate environmental protection such that
<br />the design, installation, and operation will be capable of detecting a release and preventing any migration of wastes
<br />or accumulated liquid out of the system to the soil, ground water, surface water, or air at any time during the
<br />remaining life of the tank system.
<br />NOTE: Authority cited: Sections 25150, 25159, and 58012, Health and Safety Code. Reference: Sections 25143,
<br />25159 and 25159.5, Health and Safety Code; 40 CFR Section 265.193.
<br />HISTORY
<br />1. New section filed 5-24-91; operative 7-1-91 (Register 91, No. 22).
<br />2. Amendment of section and Note filed 6-19-95 as an emergency; operative 6-19-95 (Register 95, No. 25). A
<br />Certificate of Compliance must be transmitted to OAL by 10-17-95 or emergency language will be repealed by
<br />operation of law on the following day.
<br />3. Amendment of section and NOTE refiled 10-16-95 as an emergency; operative 10-16-95 (Register 95, No. 42). A
<br />Certificate of Compliance must be transmitted to OAL by 2-13-96 or emergency language will be repealed by
<br />operation of law on the following day.
<br />4. Amendment of section and NOTE refiled 2-16-96 as an emergency; operative 2-16-96 (Register 96, No, 7). A
<br />Certificate of Compliance must be transmitted to CAL by 6-15-96 or emergency language will be repealed by
<br />operation of law on the following day.
<br />5. Amendment of section and NOTE refiled 6-17-96 as an emergency; operative 6-17-96 (Register 96, No. 25). A
<br />Certificate of Compliance must be transmitted to OAL by 10-15-96 or emergency language will be repealed by
<br />operation of law on the following day.
<br />6. Amendment of section and NOTE refiled 10-15-96 as an emergency; operative 10-15-96 (Register 96, No. 42). A
<br />Certificate of Compliance must be transmitted to CAL by 2-12-97 or emergency language will be repealed by
<br />operation of law on the following day.
<br />7. Amendment of section and NOTE refiled 2-11-97 as an emergency, including additional amendment of NOTE;
<br />operative 2-11-97 (Register 97, No. 7). A Certificate of Compliance must be transmitted to OAL by 6-11-97 or
<br />emergency language will be repealed by operation of law on the following day.
<br />8. Certificate of Compliance as to 2-11-97 order transmitted to CAL 6-10-97; disapproved by CAL and order of repeal
<br />as to 2-11-97 filed on 7-24-97 (Register 97, No. 30).
<br />9. Certificate of Compliance as to 2-11-97 order, including amendment of section resubmitted to OAL and approved
<br />on 7-24-97 (Register 97, No. 30).
<br />10. Change without regulatory effect amending subsection (0 filed 7-1-2004 pursuant to section 100, title 1,
<br />California Code of Regulations ( Register 2004, No. 27).
<br />11. Amendment of subsection (a)(2), repealer of subsections (a)(2)(A), (a)(2)(B)-(a)(5)(13)2.b. and (a)(6)(A)-
<br />(a)(6)(13)2., redesignation of subsections (a)(2)(A)1.-2. to (a)(2)(A)-(B), renumbering and amendment of former
<br />subsection (a)(6) to subsection (a)(3), redesignation of former subsections (a)(6)(13)2.a.-b. to subsections (a)(3)(A)-
<br />(B) and amendment of Note filed 9-8-2006; operative 10-8-2006 (Register 2006, No. 36).
<br />§66265.194. General Operating Requirements.
<br />(a) Hazardous wastes or treatment reagents shall not be placed in a tank system if they could cause the
<br />tank, its ancillary equipment, or the secondary containment system to rupture, leak, corrode, or otherwise fail.
<br />(b) The owner or operator shall use appropriate controls and practices to prevent spills and overflows from
<br />tank or secondary containment systems. These include at a minimum:
<br />(1) spill prevention controls (e.g., check valves, dry discount couplings);
<br />(2) overfill prevention controls (e.g., level sensing devices, high level alarms, automatic feed cutoff, or
<br />bypass to a standby tank); and
<br />(3) maintenance of sufficient freeboard in uncovered tanks to prevent overtopping by wave or wind action or
<br />by precipitation. Uncovered tanks shall be operated to ensure at least 60 centimeters (2 feet) of freeboard, unless the
<br />tank is equipped with a containment structure (e.g., dike or trench), a drainage control system or a diversion structure
<br />(e.g., standby tank) with a capacity that equals or exceeds the volume of the top 60 centimeters (2 feet) of the tank.
<br />(c) The owner or operator shall comply with the requirements of section 66265.196 if a leak or spill occurs in
<br />the tank system.
<br />(d) Transfer, treatment or storage of hazardous waste in tanks shall comply with section 66265.17(b).
<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 265.194.
<br />HISTORY
<br />1. New section filed 5-24-91; operative 7-1-91 (Register 91, No. 22).
<br />Unofficial Title 22 0 2005 State of California, all rights reserved. May not be commercially reproduced or sold. 6/9/08
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