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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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