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Ch. 15, Art. 10-11
<br />§66265.196. Inspections.
<br />(a) The owner or operator shall inspect, where present, at least once each operating day:
<br />(1) overfill/spill control equipment (e.g., waste -feed cutoff systems, bypass systems, and drainage systems)
<br />to ensure that it is in good working order;
<br />(2) the aboveground portions of the tank system, if any, to detect corrosion or releases of waste;
<br />(3) data gathered from monitoring equipment and leak -detection equipment, (e.g., pressure and temperature
<br />gauges, monitoring wells) to ensure that the tank system is being operated according to its design;
<br />(4) the construction materials and the area immediately surrounding the externally accessible portion of the
<br />tank system including secondary containment structures (e.g., dikes) to detect erosion or signs of releases of
<br />hazardous waste (e.g., wet spots, dead vegetation); and
<br />(5) for uncovered tanks, the level of waste in the tank, to ensure compliance with section 66265.194(b)(3).
<br />(b) The owner or operator shall inspect cathodic protection systems, if present, according to, at a minimum,
<br />the following schedule to ensure that they are functioning properly:
<br />(1) the proper operation of the cathodic protection system shall be confirmed within six months after initial
<br />installation, and annually thereafter; and
<br />(2) all sources of impressed current shall be inspected and/or tested, as appropriate, at least bimonthly (i.e.,
<br />every other month).
<br />(c) The owner or operator shall document in the operating record of the facility an inspection of those items
<br />in subsections (a) and (b) of this section.
<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 265.195.
<br />HISTORY
<br />1. New section filed 5-24-91; operative 7-1-91 (Register 91, No. 22).
<br />§66265.196. Response to Leaks or Spills and Disposition of Leaking or Unfit -for -Use Tank Systems.
<br />A tank system or secondary containment system from which there has been a leak or spill, or which is unfit
<br />for use, shall be removed from service immediately, and the owner or operator shall satisfy the following
<br />requirements.
<br />(a) General emergency procedures. The owner or operator shall comply with applicable requirements of
<br />section 66265.56.
<br />(b) Cessation of use; prevention of flow or addition of wastes. The owner or operator shall immediately stop
<br />the flow of hazardous waste into the tank system or secondary containment system and inspect the system to
<br />determine the cause of the release.
<br />(c) Removal of waste from tank system or secondary containment system.
<br />(1) If the release was from the tank system, the owner or operator shall, within 24 hours after detection of
<br />the leak or, if the owner or operator demonstrates that that is not possible, at the earliest practicable time remove as
<br />much of the waste as is necessary to prevent further release of hazardous waste to the environment and to allow
<br />inspection and repair of the tank system to be performed.
<br />(2) If the release was to a secondary containment system, all released materials shall be removed within 24
<br />hours or in as timely a manner as is possible to prevent harm to human health and the environment.
<br />(d) Containment of visible releases to the environment. The owner or operator shall immediately conduct a
<br />visual inspection of the release and, based upon that inspection:
<br />(1) prevent further migration of the leak or spill to soils or surface water; and
<br />(2) remove, and properly dispose of, any visible contamination of the soil or surface water.
<br />(e) Notifications, reports.
<br />(1) Any release to the environment, except as provided in subsection (e)(2) of this section, shall be reported
<br />to the Department within 24 hours of detection.
<br />(2) A leak or spill of hazardous waste is exempted from the requirements of subsection (e) of this section,
<br />but is not exempted from the requirements of section 66265.56, if it is:
<br />(A) less than or equal to a quantity of one (1) pound, and
<br />(B) immediately contained and cleaned -up.
<br />(3) Within 30 days of detection of a release to the environment, a report containing the following information
<br />shall be submitted to the Department:
<br />(A) likely route of migration of the release;
<br />(B) characteristics of the surrounding soil (soil composition, geology, hydrogeology, climate);
<br />(C) results of any monitoring or sampling conducted in connection with the release, (if available). If sampling
<br />or monitoring data relating to the release are not available within 30 days, these data shall be submitted to the
<br />Department as soon as they become available;
<br />(D) proximity to downgradient drinking water, surface water, and population areas; and
<br />(E) description of response actions taken or planned.
<br />(f) Provision of secondary containment, repair, or closure.
<br />(1) Unless the owner or operator satisfies the requirements of subsections (f)(2) through (4) of this section,
<br />the tank system shall be closed in accordance with section 66265.197.
<br />(2) If the cause of the release was a spill that has not damaged the integrity of the system, the
<br />owner/operator may return the system to service as soon as the released waste is removed and repairs, if necessary,
<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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