Cal. Code Regs. tit. 22 § 66264.101

Current through Register 2024 Notice Reg. No. 25, June 21, 2024

Section 66264.101 - Corrective Action for Waste Management Units

(a) The owner or operator of a facility seeking a permit for the transfer, treatment, storage, or disposal of hazardous waste shall institute corrective action as necessary to protect human health and the environment for all releases of hazardous waste or constituents from any solid or hazardous waste management unit at the facility, regardless of the time at which waste was placed in such unit.

(b) The owner or operator shall provide a financial assurance mechanism for corrective action to the Department within 90 days of the Department's approval of a corrective measures implementation workplan or a Department-approved equivalent. The financial assurance mechanism must consist of one of the options specified in section 66264.143. The owner or operator shall establish the financial assurance mechanism to allow the Department access to the funds to undertake corrective measures implementation tasks if the owner or operator is unable or unwilling to undertake the required tasks. If the owner or operator proposes to use the financial test or corporate guarantee as the financial assurance mechanism for corrective action, the owner or operator shall also establish a process that allows the Department access to the funds to undertake corrective measures implementation tasks if the department determines that the owner or operator is unable or unwilling to undertake the required tasks. Any financial assurance mechanism or process proposed by the owner or operator shall be subject to the Department's approval.

(c) Corrective action must be specified in the permit, order, or agreement for corrective action issued or entered into by the Department in accordance with this article, article 15.5, or article 17, and Health and Safety Code sections 25200.10, 25187, 25200.14, or 25358.9 where as provided for under the provisions of that section the Department has excluded the removal or remedial action at a site from the hazardous waste facilities permit required by Health and Safety Code section 25201. The permit, order, or agreement must contain schedules of compliance for such corrective action (where such corrective action cannot be completed prior to issuance of the permit) and assurances of financial responsibility for completing such corrective action.

(d) Where necessary to protect human health or the environment, the owner or operator shall implement corrective action beyond the facility boundary unless the owner or operator demonstrates to the satisfaction of the Department, that despite the owner's or operator's best efforts, the owner or operator was unable to obtain the necessary permission to undertake such action. The owner or operator is not relieved of responsibility to clean up a release that has migrated beyond the facility boundary where off-site access is denied. On-site measures to address such release will be determined on a case-by-case basis. Assurance of financial responsibility for such corrective action shall be provided.

Cal. Code Regs. Tit. 22, § 66264.101

1. New section filed 12-23-93 as an emergency; operative 12-23-93 (Register 93, No. 52). A Certificate of Compliance must be transmitted to OAL by 5-9-94 or emergency language will be repealed by operation of law on the following day.
2. New section refiled 4-25-94 as an emergency; operative 4-25-94 (Register 94, No. 17). A Certificate of Compliance must be transmitted to OAL by 8-23-94 or emergency language will be repealed by operation of law on the following day.
3. New section refiled 8-22-94 as an emergency; operative 8-22-94 (Register 94, No. 34). A Certificate of Compliance must be transmitted to OAL by 12-20-94 or emergency language will be repealed by operation of law on the following day.
4. New section refiled 12-22-94 as an emergency, including amendment of subsection (b) and (c) and NOTE; operative 12-22-94 (Register 94, No. 51). A Certificate of Compliance must be transmitted to OAL 4-21-95 or emergency language will be repealed by operation of law on the following day.
5. New section refiled 6-29-95 as an emergency; operative 6-29-95 (Register 95, No. 26). A Certificate of Compliance must be transmitted to OAL by 10-27-95 or emergency language will be repealed by operation of law on the following day.
6. New section, including amendment of NOTE, refiled 10-26-95 as an emergency; operative 10-26-95 (Register 95, No. 43). A Certificate of Compliance must be transmitted to OAL by 2-23-96 or emergency language will be repealed by operation of law on the following day.
7. Certificate of Compliance as to 10-26-95 order transmitted to OAL 11-30-95 and filed 1-16-96 (Register 96, No. 3).
8. Amendment of subsections (a) and (b), repealer of subsection (c) and amendment of NOTE filed 11-19-98 as an emergency; operative 11-19-98 (Register 98, No. 47). A Certificate of Compliance must be transmitted to OAL by 3-19-99 or emergency language will be repealed by operation of law on the following day.
9. Reinstatement of subsections (a)-(c) and NOTE as they existed prior to 11-19-98 emergency amendment by operation of Government Code section 11346.1(f) (Register 99, No. 12).
10. Amendment of section and NOTE filed 10-24-2018; operative 1-1-2019 (Register 2018, No. 43).

Note: Authority cited: Sections 25150, 25159, 25187, 25200.10, 25200.21, 25245, 25355.5, 25356.9, 25358.3, 25358.9, 58004 and 58012, Health and Safety Code. Reference: Sections 25150, 25159.5, 25187, 25200, 25200.10, 25355.5, 25356.9, 25358.3 and 25358.9, Health and Safety Code; 40 CFR Section 264.101.

1. New section filed 12-23-93 as an emergency; operative 12-23-93 (Register 93, No. 52). A Certificate of Compliance must be transmitted to OAL by 5-9-94 or emergency language will be repealed by operation of law on the following day.
2. New section refiled 4-25-94 as an emergency; operative 4-25-94 (Register 94, No. 17). A Certificate of Compliance must be transmitted to OAL by 8-23-94 or emergency language will be repealed by operation of law on the following day.
3. New section refiled 8-22-94 as an emergency; operative 8-22-94 (Register 94, No. 34). A Certificate of Compliance must be transmitted to OAL by 12-20-94 or emergency language will be repealed by operation of law on the following day.
4. New section refiled 12-22-94 as an emergency, including amendment of subsection (b) and (c) and Note; operative 12-22-94 (Register 94, No. 51). A Certificate of Compliance must be transmitted to OAL 4-21-95 or emergency language will be repealed by operation of law on the following day.
5. New section refiled 6-29-95 as an emergency; operative 6-29-95 (Register 95, No. 26). A Certificate of Compliance must be transmitted to OAL by 10-27-95 or emergency language will be repealed by operation of law on the following day.
6. New section, including amendment of Note, refiled 10-26-95 as an emergency; operative 10-26-95 (Register 95, No. 43). A Certificate of Compliance must be transmitted to OAL by 2-23-96 or emergency language will be repealed by operation of law on the following day.
7. Certificate of Compliance as to 10-26-95 order transmitted to OAL 11-30-95 and filed 1-16-96 (Register 96, No. 3).
8. Amendment of subsections (a) and (b), repealer of subsection (c) and amendment of Note filed 11-19-98 as an emergency; operative 11-19-98 (Register 98, No. 47). A Certificate of Compliance must be transmitted to OAL by 3-19-99 or emergency language will be repealed by operation of law on the following day.
9. Reinstatement of subsections (a)-(c) and Note as they existed prior to 11-19-98 emergency amendment by operation of Government Code section 11346.1(f) (Register 99, No. 12).
10. Amendment of section and Note filed 10-24-2018; operative 1/1/2019 (Register 2018, No. 43).