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Home My WebLink AboutMINUTES - 07221986 - 2.2 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Order on July 22, 1986 , by the following vote: AYES: Supervisors Fanden, McPeak, Torlakson, Powers NOES: None ABSENT: Supervisor Schroder ABSTAIN: None -------------------------------------------------------------------- -------------------------------------------------------------------- SUBJECT: IT Corporation Martinez Facilities In response to Board referral of June 24, 1986 Dan Bergman, Director, Environmental Health, transmitted 'to the Board a report dated July 21 , 1986 on the status of monitoring activities taking place at the IT Corporation facilities in Martinez (copy attached hereto and by reference incorporated herein) . In response to Board referral of July 15, 1986 relative to the feasibility of requesting the State to conduct a 501 hearing with respect to the IT Corporation facilities, Mr. Bergman advised that after discussions with the State regulatory agency staff and an on- site review, no evidence has been found to indicate that there is any danger created by the treatment process at the Martinez sites. Mr. Bergman noted that the IT Corporation Martinez sites are not landfill sites, but are hazardous waste treatment sites. Supervisor Fanden commented on IT Corporation's plans to update their facilities, and noted that the IT staff and management has been very cooperative with County staff. She noted that IT has agreed to prepare an Environmental Impact Report (EIR) on the modern- ization project and she expressed the hope that that action would assure the public that IT Corporation intends to have the most state-of-the-art facility possible. Board members having discussed the matter, IT IS BY THE BOARD ORDERED that the reports from the Health Services Environmental Health Division on monitoring activities at the IT Corporation Martinez facilities and the feasibility of holding a 501 hearing on operations at the facilities is ACCEPTED. IT IS FURTHER ORDERED that the Health Services Director is DIRECTED to conduct a public hearing to provide an opportunity for public input and questions, and to report to the Board on information obtained subsequent to the public hearing. IT IS FURTHER ORDERED that the Health Services Director is DIRECTED to continue to monitor the IT Corporation Martinez facilities. IT IS FURTHER ORDERED that the Health Services Director is DIRECTED to forward a copy of the Report on the IT Corporation Martinez facilities to Congresman George Miller together with a time schedule of the proposed hearing. �6reby certify that this Is a true and correct copy of an action taken and entered og the minutes of the Board of Supervisors on the date shown. cc: Health Services Director ATTESTED: Environmental Health PHIL 130CSE o9, Giem-.of the Board County Administrator of Supervisors and County Administrator By _�'"� � -� Deputy 72 CONTRA COSTA COUNTY HEALTH SERVICES DEPARTMENT Board of Supervisors July 21, 1986 To: Via Phil Batchelor, County Admin. Date: A&I Mark Finucane Director HSDReport on IT Corporation, 'From: By: Dan Bergman, Directorrubject: Baker and Vine Hill Facilities Environmental Health Wendel' Brunner, Directo Public Health Attached for'your information is the IT Corporation, Baker and Vine Hill facilities report. MF/DB/WB/gk Attachments A-41 8181 TT I. INTRODUCTION: ' In' response to your Board's June 24, 1986 directive, the Health Services Department has reviewed and evaluated data from IT Corporation and the State and Federal regulatory agencies regarding compliance with public and environmental health laws. In addition, we have reviewed the inspection practices of the regulatory agencies to determine whether or not the Baker and Vine Hill facili- ties are being adequately monitored. IT's facilities are regulated by the United States Environmental Protection Agency (EPA), the State Department of Health Services (DOHS), the Regional Water Quality Control Board (RWQCB), and the Bay Area Air Quality Management District (BAAQMD). EPA regulates IT operations under the authori.ty-of the Resource Conservation and Recovery Act (RCRA). OOHS regulates IT's Class I facility under the authority granted in RCRA, P.L. 94-580 [42 USC 6901 et seq]. The RWQCB is concerned with protection of surface and groundwaters. The BAAQMD regulates air emissions and nuisance odors. II. PROCESS DESCRIPTION: The Vine Hill treatment facility accepts approximately 35 million gallons of liquid waste per year, of which more than 95% is aqueous, the remainder being organic. Cyanides, phenols, formaldehyde, refinery solvents, metal-containing acid wastes and solvents from the semiconductor industry are typical -components of aqueous wastes accepted at IT. Wastes containing PCB's in concentrations greater than 5ppm are not accepted. IT only accepts chlorinated wastes up to a process total of 1%. 17itinspr -Y- Before IT will accept a waste, the prospective client . must submit a pre-disposal sample for analysis by IT's laboratory. If IT agrees that the waste is accep- table for treatment at Vine Hill , hazardous waste loads may be received. Each hazardous waste load is then sampled for analysis upon arrival and before unloading. This analysis is compared with the pre-disposal analysis on file, as well as with the manifest for the hazardous waste load. Discrepancies can result in rejection of a load. (See. Appendix, part VII, item 3. ) In addition, wastes are tested in the lab for compatibility with other materials being treated. Incompatibility may also .result in rejection of a hazardous waste load. Upon approval of an arriving hazardous waste load, .the transport vehicle is unloaded by gravity into the appropriate treatment tank. (On occasion, a load analysis will indicate that the waste is- suitable for direct deposition in one of the Vine Hill. ponds; for example, a load with no volatile organics, soluble heavy metals, etc.) Immiscible solvent-and-water mixtures are separated in settling tanks. The solvent (or fuel ) fraction is used to..augment the incinera- tor fuel- feed. The water phase is sent to the steam stripper for removal of dissolved organics. Cyanides, phenols, formaldehyde.and similar organics are oxidized to carbon and water in another treatment tank with hydrogen peroxide. Miscible water-and-organic mixtures are sent directly to the stripper. Acid wastes are treated with caustic wastes, and make-up caustic is added to produce a neutral or slightly basic pH. - Soluble metals are treated with sodium sulfide; the resulting liquid effluent and metal sulfide precipitate are then steam stripped to remove volatiles. Chromium solutions are reduced with sodium meta- bisulfite to remove chromium from solution for ultimate disposal at the Panoche (Benicia) facility. 17itinsprl -2- Organic vapors from the stripper are combusted in the incinerator. Only clean solvents and fuels are incinerated. Incinerator stack emissions are regulated by the BAAQMD. Low vapor pressure l.iquids (mostly water.) and solids are analyzed and then routed to Pond 105 at Vine Hill . The pond contents are centrifuged; solids are dried and trucked to Panoche, while the liquid is piped to the Baker ponds. The Baker ponds are periodically evaporated to dryness and the sludge from the pond bottoms is dried. and trucked to the Panoche. site. III. SITE MONITORING AND REGULATORY ENFORCEMENT: A. Introduction The IT facility in'Martinez is regulated extensively by the State Department of Health Services, RWQCB, and BAAQMD. . The County Department of Health Services does not have primary jurisdiction over treatment, storage, or disposal (TSD) facilities, nor do we routinely monitor them. The County Department .of Health Services will , however, review regulatory efforts of other agencies, and respond to demonstrated problems presenting a potential public . health or environmental risk. A summary of regulatory agency activities follows. B. Environmental Protection Agency The U.S. EPA filed an enforcement order against IT on September 27, 1984. Violations at the Vine- Hill facility included an opening in the fence and an explosion in Tank 16. EPA also cited IT for violating their Interim Status Document (ISD) by not implementing an adequate groundwater monitoring program in 1984, as required under RCRA. (This is the subject of the RWQCB Cleanup and Abatement Order issued in January, 1985. ) 17itr -3- Questions have been raised by EPA at the Baker site concerning the adequacy of pond influent analysis. Only pH is measured before piping liquid to the Baker ponds from the Vine Hill ponds. However, extensive analysis is performed on the stripper effluent before it is even ponded at Vine Hill . The EPA order parallels action taken by DOHS through the Contra 'Costa County District Attorney. EPA settled with IT on June 23, 1986, collecting a civil penalty in the amount of $45,000. Contra Costa settled for $30,000. According to EPA, there are no major outstanding violations regarding Vine Hill or Baker. Further, no imminent and substantial endangerment to public or environmental health is seen to exist at the IT facilities in located in Contra Costa County. Past concerns are .presently being addressed in a mutually agreeable manner. C. State Department of Health Services According to inspection logs, DOHS inspectors are on-site at Vine Hill and Baker four to six days per week. The inspectors examine treatment records, pre- disposal and receipt analyses, and manifests. They also inspect safety equip- ment and process equipment. ' Ponds are inspected to verify compliance with the 2-foot freeboard requirement. (See Appendix, part XII, item 1. ) Semiannually, DOHS conducts an in-depth facility inspection to determine compliance with the ISD under which IT operates. During a recent routine inspection at IT's Martinez facility, the inadequate closure of Pond 102B at Vine Hill was disclosed. A Consent Order and Schedule for Compliance was executed by DOHS and IT on July 8, 1986, addressing this violation. The following appears in the Order's Statement of Facts: 17itlr "On or about May 15, 1986, a Department representative, on a routine surveillance inspection at the Vine Hill facility, observed -that Pond 102B had been- desludged, filled, and covered with gravel . Pond 102B has not received hazardous waste since 1984. IT has not notified the Department that Pond 102B has been closed and has not provided the Department with the details of removal from service as a pond. IT notified the Department on September 10, 1984 that, as part of the .plant -modernization, Pond 102B was being converted from a - hazardous waste impoundment. IT submitted a closure plan on the Vine Hill facility to the Department in March, 1983 as part of the Facility Operations Plan and in August, 1983 as part of the Facility Part B Application. Both of these closure plans covered Pond 102B, however, the Department has not approved these closure plans and has provided IT with written comments which describe closure plan deficiencies and request additional information. On September 10, 1984, IT submitted a revised closure plan to reflect the change in service of Pond 102B. By letter dated October 4, 1984 the Department informed IT that the revised closure plan was also inadequate.". A complete characterization of Pond 102B has been ordered. The characterization is to be completed within 180 days -of the effective date of the Order (July 8, 1986). IT 'argues that, in fact, Pond 102B has not been closed, but is undergoing a "change in service". It is being converted from a pond treatment unit to a process treatment unit. IT's intent was to submit a formal closure plan for Pond 102B when the entire site is ultimately closed. 17itr2 -5- In ,early May, 1986, a Statement of Facts covering new violations was referred to the Contra Costa County District Attorney and State Attorney General. The Statement of Facts sent to the State Attorney General contains violations con- cerning record-keeping and does not indicate any conditions that present an imminent and substantial endangerment to public or environmental health, according to State Health Services enforcement staff. D. Regional Water Quality Control Board The RWQCB issued standard discharge requirements to IT in 1978. These are to be reissued in the near future, and it is expected that the revision will require pond closure by 1988. In January, 1985, .the RWQCB issued- a Cleanup and Abatement Order requiring IT to comply with RCRA regulations regarding groundwater. monitoring systems. IT has responded by installing monitoring wells at the direction of EPA and RWQCB. A detailed geology and engineering study completed in May 1986, will provide input for a new Cleanup and Abatement Order. The new Cleanup and Abatement Order is expected- in September 1986. The RWQCB is conducting a groundwater monitoring program in cooperation with EPA. There are approximately a dozen monitoring wells at Vine Hill, and approximately twice that number at Baker. The monitoring wells are generally 40 feet deep, with perforations from 151- 35' . Samples have been analyzed by the RWQCB and by IT. With the exception of one monitoring well, on ACME property adjacent to- .pond 101, groundwater contaminants have only been detected on-site, in the immediate vicinity of the Baker ponds. itr3 -6- RWQCB has detected phenol , tetrahydrofuran, and acetone at less than O.lppb. Phenol was detected in three monitoring wells (including the well on ACME property), THF was detected in one monitoring well , and THF and acetone were detected together in another monitoring well . Two monitoring wells were found to contain Total Dissolved Solids (TDS) in excess of that in seawater. Boron was also detected in groundwater on the Baker site; concentrations ranged from 0.6-ppm to 5ppm. E. Bay Area Air Quality Management District: The BAAQMD has issued 48 Violation Notices for H2S emissions from IT's Martinez facilities since April , 1985. Violation Notices are issued if, during any 24 hours, an operator emits H2S such that ground level- concentrations are at or above .06 ppm during any 3 consecutive minutes or .03ppm during any 60 con- secutive minutes. Fines totaling $8850 have been collected, with enforcement still pending on 16 violations. Public nuisance violations have been relatively few, however. BAAQMD inspectors believe aerators help the situation at the Baker site. In addition, it has been suggested that the District order IT to install a ground-level monitor network, de-sludge the Baker ponds, provide data concerning sulfides in the ponds, and limit'-pond loading. According to the BAAQMD, the air contaminant of primary concern at IT's Martinez facility is H2S. Hydrogen sulfide is formed in the Baker ponds through anaero- bic reduction of sulfates. This .is discouraged with aeration and pH control. The problem is primarily an odor problem and, not a public health concern. Monitoring is done by the BAAQMD in .response to odor complaints. In addition, stationary monitors maintained by Tosco have, on occasion, detected H2S from the Baker ponds. itr4 -7- Studies of air emissions from process equipment and ponds have. been conducted by IT and DOHS industrial hygienists. . Emissions from the ponds have been found by both parties to be at or below 1% of permissible exposure levels,' for those constituents detected. The state concluded that even "assuming additive effects, an 8-hour exposure to the concentration of contaminants identified. . .would still result in an exposure dose less than 1% of the combined PEL's (Permissible Exposure Levels) for these compounds." . In addition to the organic compounds analyzed by GC/MS, samples taken by IT were analyzed for airborne- metals. Concentrations were generally on the order of 1% or less of PEL's. itr5 -8- CONCLUSIONS: o Based on our review of regulatory agency records and discussions with enforcement staff, the IT facilities in Contra Costa County are presently being adequately monitored by the State and Federal regulatory agencies. The inspection frequencies and methodologies conducted on-site are suf- ficient to assure that conditions occurring in violation of operating permit requirements will be disclosed for appropriate enforcement action by the agencies having jurisdiction.. o Our review, of presently available State and Federal regulatory agency inspection records, our evaluation of chemical data presented by IT and the regulatory agencies, and our evaluation of IT's treatment processes did not disclose evidence of an imminent and substantial endangerment to public health or the environment. o Section 25149, California Health and Safety Code, states in relevant part that no, city, county, or city and county may enact, issue, enforce, suspend, revoke, or modify any ordinance, regulation, law, license, or permit relating to an existing hazardous waste facility- so as to prohibit or unreasonably regulate the disposal, treatment, or recovery of resour- ces from hazardous waste at that facility, unless after public notice and hearing (501 Hearing), the director (Director of State Department of Health Services) determines that the operation of the facility may pre- 'sent an imminent and substantial endangerment to health and the environ- ment. o There is insufficient evidence, based on our investigation, to warrant requesting the Director of State 'Health Services to convene a hearing pursuant to Health and Safety Code- Section 25149 (501 Hearing) at this time. itrr6 CONCLUSIONS: (cont'd.) o Our investigation did not, however, include public discussions or verifi- cation by actual sampling of process. streams or monitoring wells. It is possible, therefore, that relevant information not disclosed by our records review and discussions with governmental regulatory agency staff could surface in a public hearing forum. RECOMMENDATIONS: o Direct Contra Costa County Health. Services staff to conduct a public hearing with representatives of EPA, State Department of Health Services, RWQCB, BAAQMD, and IT staff to provide an opportunity for public input and .permit concerned members of the public to obtai.n answers to any unre- solved questions that they may have. o Di.rect the Contra Costa County Department of Health Services to report back to your Board the results of information obtained subsequent to con- ducting our public hearing. o Direct the Contra Costa County Health Services Department to continue to- track progress at the IT Vine- Hill and Baker facilities with particular attention given to future activity at Pond 1026', actions pending with the State Attorney General , and forthcoming reports on the groundwater moni- toring program. itrr7 -10- STA,TE.OF. C*liORN1A—HEALTH AND WELFARE A :Y EDMUND G. BROWN JR.,Governor DEPARTMENT OF HEALTH SERVICES 714/744 P STREET SACRAMENTO, CA 95814 Facility: - IT Corporation-Vine Hill ) Facility - ) INTERIM STATUS DOCUMENT East End of Arthur Road. ) Contra Costa County ) Number: CAD 000094771 Martinez, CA 94553 ) Effective Date: April 6, 1981 Operator: IT Corporation ) 336 West Anaheim Street ) Wilmington, CA 90744 ) Pursuant to Section 25200.5 of the California Health and -Safety Code, this Interim Status Document is hereby granted to IT Corporation subject to the conditions set forth in Attachment A which by this reference is incorporated herein. .21 Harvey Collins, Ph.D. , Chief Environmental Health Branch ATTACHMENT-A Interim Status Document IT Corporation-.Vine Hill Facility East End of Arthur Road Contra Costa County Martinez, CA 94553• 1. GENERAL CONDITIONS 1. Identification and 'general responsibilities of operator. IT Corporation, hereinafter called the operator and/or owner, shall comply with the provisions of the California Health and Safety Code, including Chapter 6.5 of Division 20, and with the Minimum Standards for Management of Hazardous and Extremely Hazardous Wastes (Chapter 30, Division 49' Title. 22 of the California Adminis- trative Code). . The following requirements set forth in Chapter 30, Division 4, Title 22, California Administrative Code, should be particularly noted: . (a) The owner or operator shall ensure that the operation of the facility will not imperil public - health and safety, wildlife, domestic livestock, or the environment. (b) The owner or operator shall allow the California State Depart- ment of Health Services or the local health agency to inspect the facility, take samples of wastes, .and inspect pertinent records. -(c) The owner or operator shall maintain the qualified personnel and the equipment necessary to provide for the safe operation of the facility. (d) The owner or operator shall notify the California. State Depart- ment of Health Services of a proposed change in ownership of the facility, in the method of operation of the facility, or of pro- posed closure of the facility 30 days prior to such event. (e) The operator shall report. to the California State Department of- Health Services, within 24 hours after occurrence, all accidents involving hazardous wastes which resulted in, or could have resulted in, a hazard to public health and safety, wildlife, domestic livestock, or to the environment. 2. Records. The owner or operator shall file this Interim Status Document at the facility and' at his place of business. . 3. Operation plan. Unless he has already done so, the owner or operator shall submit to the California State Department of Health Services within six months of the' effective date of this document, an operation plan in accord- ance with Section 66376, Title 22 of the. California Administrative Code. 4. Prohibited acts. The owner or operator shall not do any of the following acts: (a) Treat, store, or dispose of hazardous wastes which are not identified. (b) Employ processes not described in the application. (c) Make substantial modifications or additions to the facility. 5.' Limitation. The owner or operator shall-' comply with the conditions of this docu- ment and with any new or modified conditions which the California State Department of Health Services deems necessary to protect public health or -the environment. A new interim status condition or a modification. of an existing interim status condition. shall become effective on the date that written notice of such change is received by the owner or operator. NOTE: Unless explicitly stated otherwise, all cross references to items in this Interim Status Document shall refer only to items occurring within the same Part. All Parts are identified by Roman numerals." The items set forth in each Part shall apply to the owner, operator, and/or facility in addition to the items set forth in any preceding and/or following Part of this document. 3 li. SPECIAL CONDITIONS 1. Storage of wastes. (a) Hazardous waste shall not be stored at the facility for longer than one year without written approval from the California State Department of Health Services. (b) If a hazardous waste is stored at the facility longer than one year, the owner or operator shall pay to the California State Department of Health Services a fee, as if the waste had been disposed of, on land, in. accordance with Article 8, Chapter 30, Division 4, , Title 22 of the California Administrative Code. The fee shall be paid in the 13th month of storage. (c) Hazardous waste shall be stored in a secure enclosure such as a building, room or fenced area, which shall prevent unauthor- ized persons from gaining access to the waste and in a manner that will prevent spills. A caution sign shall be posted and visible from any direction of access or view of hazardous waste stored in such enclosure. Wording of caution signs shall be in English, "Caution-Hazardous Waste Storage Area-Unauthorized Persons Keep Out", and Spanish, "Cuidado! Zona de Residuos Peligrosos.. Prohibida la Entrada a Personas NoAutorizadas". (d) Each hazardous waste storage area shall have a continuous base that is impervious to the waste to be stored and shall be designed and constructed so that any surface water runoff or spills can be contained. 2. Storage in tanks. (a) Each hazardous waste storage tank situated -above ground shall have a spill confinement structure (e.g. , dike or trough) capa- ble of holding -the entire contents of the ,tank plus sufficient freeboard. (b) Hazardous waste storage tanks shall be constructed of materials which are compatible with the wastes to be contained or shall be protected by liners which are compatible with those wastes. (c) Prior to use, hazardous waste storage tanks and their appurte- nances shall be certified -by an .engineer registered in California to be structurally sound and of adequate construction for the intended use. (d) Each hazardous waste storage tank and storage area shall be individually marked with the internationally recognized- hazard 4 identification system placards developed by the National Fire Prevention Association (NFPA). (e) Valves on hazardous waste storage tanks shall be kept locked when the facility is unattended. 3. Storage in ponds. (a) The following hazardous wastes shall not be stored in open storage ponds: (1) Extremely hazardous wastes as defined in Sections 66064 and 66685, Title 22, California Administrative Code, unless specifically approved by a written permit from the California State Department of Health Services; (2) Flammable wastes 'as defined in 'Section 66072, Title 22, California Administrative Code; and (3) Wastes such as organic solvents or sludges containing vola- tile, toxic substances. in excess of 10 percent by weight. (b) Hazardous sludges, concentrates, and residues removed from a storage pond for subsequent disposal. shall be properly handled, transported, and disposed of as hazardous wastes. (c) Physical barriers or other devices shall be used as necessary during waterfowl migration periods to deter migratory waterfowl from using storage ponds. 4. Storage in containers. (a) Containers used for storing hazardous waste shall be in a condi- tion such that the containers can be safely transported, handled or moved. (b) Areas used for storing containers of hazardous. waste shall be widely separated, or physical barriers shall be provided to ensure that commingling of incompatible hazardous wastes cannot occur if a container on one pad ruptures. (c) A label shall be maintained on all containers in which hazardous wastes are stored for 90 days or more and records for the storage of all hazardous wastes shall be maintained pursuant to Section 66545, Title 22 of the California Administrative Code. Labels shall include the following information: (1) Composition and physical state of the waste; (2) Special safety recommendations and.precautions for handling the waste; (3) Statement or statements which call attention to the partic- ular hazardous properties of the waste; (4) Amount of waste and name and address of the person produc- ing the waste; and (5) Date of acceptance .at the storage facility. , (d) Empty containers contaminated with hazardous materials shall be stored, handled, processed and disposed of as hazardous wastes. 5. Transfer of wastes. (a) Hazardous wastes shall not be permanently disposed of at the facility. (b). All equipment,- pipes, and lines. used at the facility to handle, transfer, pump, or store hazardous wastes shall be maintained in a manner that prevents -the .leaking and spilling of hazardous wastes. 6. Treatment of wastes. If incompatible wastes are mixed for purposes of treatment, the owner or operator shall control. the mixing process in a manner which pre- vents hazards to health- and safety -of the public or employees or haz- ards to domestic livestock or wildlife. 7. Incineration of wastes. The facility shall be operated •to minimize the release of all harm- ful and obnoxious gases. The facility shall comply with all appli- cable air emission and air quality standards and requirements. .8. Disposal in ponds. (a) The following hazardous wastes shall not be deposited in open disposal ponds: (1) Extremely 'hazardous wastes as defined in Sections 66064 and 66685, Title 22, California Administrative Code, unless specifically approved by a written permit from the California State. Department of Health Services; (2) Flammable wastes and water-reactive wastes as defined in Sections 66072 and 66236, respectively, Title 22 of the California Administrative Code; and (3) Wastes such as organic solvents or sludges containing vola- tile, -toxic substances- in excess of 10 percent by weight. (b) Hazardous sludges, concentrates, and residues removed from a pond for disposal elsewhere shall be properly handled, trans- ported, and disposed of as hazardous wastes. (c) Physical barriers or other devices shall be used during water- fowl migration periods to deter migratory waterfowl from using evaporation ponds. 9. Recycling. .(a) The mixing or blending of potentially imcompatible materials and wastes for purposes 'of recovering resources, neutralizing. wastes, or detoxifying wastes shall be carried out under con- trolled conditions to ensure that violent reactions, extreme heat, or fire do not occur and that toxic or flammable gases and.vapors are not discharged into the atmosphere. (b) If requested by the California State Department of Health Services in accordance with Article 12, Chapter 30, Division 4, Title 22, California Administrative Code, the owner or operator shall sub- mit a written statement justifying having not recycled a waste which the Department has determined to be recyclable. 10.. Management of powdered. wastes. To prevent hazardous waste from being blown by the wind, hazardous waste in the .form of powder, dust or a -fine solid shall be handled, treated, stored and disposed of in covered containers or, if the waste is not water reactive, shall be wetted as a slurry. 11. Management of asbestos wastes. Asbestos-containing wastes shall be disposed of in accordance with the following instructions: (a) Wastes received in sealed, nonreturnable' containers shall be handled, disposed of, and covered without opening, breaking, or . rupturing the containers. (b) Wetted wastes received in bulk shall not be allowed to dry to such a state that airborne asbestos fibers would result. (c) Dry wastes received in bulk shall be thoroughly wetted to prevent the blowing of asbestos fibers. (d) All asbestos-containing wastes shall be covered with at least six inches of compacted soil.- or nonhazardous solid waste within 24 hours after receipt. 12. Wastes prohibited. . Hazardous wastes described below shall not be handled at the facility: (a) Extremely hazardous wastes as defined in Sections. 66064 and 66685, Title 22, California Administrative Code, unless specifically approved by a written permit from the California State Depart- ment of Health Services. (b) Flammable wastes and water-reactive wastes as defined in Sections 66072 and 66236, respectively, Title 22 of the California Admin- istrative Code. (c) Burning wastes. (d) Forbidden and Class A explosives as defined in Sections 173.51 and 173.53, Title 49, Code of Federal Regulations. 13. Management of incompatible wastes. Each of- -the following categories of incompatible hazardous wastes shall be adequately separated during all handling, storage, and dis- posal operations: (a) Alkalies and cyanides. (b) Acids. . (c) Toxic wastes, pesticides and flammable wastes. (d) Strong oxidizers. 14. . Management of pesticide wastes. The operator -shall store, handle, treat and dispose of emptied Pesti- cide containers in accordance with the requirements of Chapter 30; Division 4, Title 22 of the California Administrative Code, and Arti- cle 10, Group 3, Subchapter 3, Chapter 4, Title 3 of-.the California Administrative Code. 15. Nonpotable water supply.- if upply.If an . onsite water supply is used for controlling dust and fires, cleaning equipment or other purposes, and does not meet all health standards for drinking water, all faucets or taps connected to that supply shall be clearly labeled in English, "Polluted-Not Safe For Human Use", and Spanish, "Peligro, Contaminacion, No Usar". .16. Public water supply. If a public water supply is used at the facility, the service con- nection shall be protected from contamination as specified in Sec- tion 7604,.Title 17 of the California Administrative Code. 17. Fencing. The perimeter of the hazardous waste area of the facility shall be secured by a well-maintained fence, capable of preventing the intru- sion of livestock and of discouraging entry by unauthorized persons. If the entire facility is appropriately fenced, if the general pub- lic does not have access to the-hazardous waste area, and if the haz- ardous waste area is posted with warning signs as described elsewhere in this document, no additional fence shall 'be required around the hazardous area unless the absence of such a fence could result in a hazard to health, safety, or the environment. 18. Operation at night. When the facility is operated during hours of darkness, the operator shall provide sufficient lighting to ensure safe, effective management of hazardous wastes. 19. Warning signs. Signs indicating that the facility, or the hazardous waste area of the facility, contains hazardous waste shall be placed on the perime- ter fence at 'locations where it is anticipated that hunters and other trespassers may enter the facility such as at trails, major drainages, and ridges. Wording of the. signs shall. -be in English, "Caution- Hazardous Waste Area-Unauthorized Persons Keep Out", and Spanish, "Cuidado! Zona de Residuos Peligrosos. Prohibida la Entrada a Per- sonas No Autorizadas". 20. . Telephone or radio communications. A telephone or radio for summoning aid in 'the event of an emergency shall be in workable condition and available for immediate use by personnel working in the hazardous waste area of the facility. 21. Safety showers. The owner or operator shall provide to personnel working in the haz- ardous waste- area of the facility adequate numbers of safety showers. The safety showers shall be in workable condition and available for immediate use. . 22. Eyewashes. The owner or operator shall provide :to personnel working in the hazardous waste area of the facility adequate numbers of eyewashes. The eyewashes shall be in workable condition and .available for immediate use. 23. ' First-aid kit. The owner or ' operator shall provide to personnel. working in the hazardous waste area of the facility adequate numbers of industrial- type first-aid kits. The kits shall be maintained and available for immediate use. 24. Protective clothing. The owner or operator shall .provide to personnel working in the hazardous waste area of .the 'facility adequate numbers of the fol- lowing National Institute of Occupational Safety- and Health (NIOSH) approved equipment if appropriate: (a) Protective head gear and face masks. (b)' Chemically resistant apparel and .gloves. (c) Self-contained breathing apparatus and respirators with the approved cartridges. -25. Warning alarm system. If at any time there is a -sole employee on -the premises, the employee shall have immediate access to an alarm or other communication device capable of summoning external emergency assistance. to IEE. SAFETY, EQUIPMENT, AND EMERGENCY. RESPONSE 1 . . identification number. The facility owner or operator shall have an identification number issued by the U.S. Environmental Protection Agency (EPA) . 2. Notices. (a) If the owner or operator has arranged to receive hazardous waste from a foreign source, he shall notify the California State Department of Health Services in writing. at least four weeks in advance of the date that the waste is expected to ar- rive at the facility. Notice of subsequent shipments of the same waste from the same foreign source is not required. (b) . Before transferring ownership or operation of the facility during its operating life or during the post-closure care period, the owner or operator shall notify the -new .owner or operator in writing -of the conditions of this document. 3. Analysis of waste. (a) (1) Before the owner or operator treats, stores, or disposes of a particular type of hazardous waste for the first time, he shall obtain a detailed chemical and physical analysis of a 'representative sample of the waste. At a minimum, this analysis shall contain all the information which must be known to treat, store, or dispose of the waste in accordance with the conditions of -this document. (2) The analysis may- include data developed for other purposes; W and existing published or documented data on the hazardous waste or on waste generated from similar processes. -(3) The analysis shall be repeated -as necessary to ensure that ... it is accurate and- up-to-date. At a minimum, the analysis must be repeated when the owner or operator is notified, or has reason to believe, that the process or operation generating the hazardous waste has changed. (b) Upon the effective date of this document, the owner or operator shall follow a written waste analysis plan which describes the procedures which will be used to comply with Item 3 a) . The plan shall be subject to approval by the California State Department. of Health Services and shall be kept at the facility. At a minimum, the plan shall .specify: (1) The parameters for which each hazardous waste will be analyzed and the rationale for the selection of these parameters; (2) The test methods which- will be used to test for these parameters; (3) The sampling method which will be used to obtain a repre- sentative sample of the waste to be analyzed. A represen- tative sample may- be obtained using either: ji) One of the' sampling methods described in Appendix I , Part 261 , Title 40, Code of Federal Regulations; or (ii) An equivalent sampling method approved by the California State Department .of Health Services. (4) The frequency with which the initial analysis of the waste will -be reviewed or repeated to ensure that the analysis is accurate and up-to-date; (5) Where applicable, the methods which will be used to meet any additional waste analysis requirements for specific waste management methods as specified elsewhere in this document. 4. Security. (a) The owner or operator shall prevent the unknowing entry, and minimize -the possibility for the unauthorized entry, of persons or livestock onto the active portion of the facility. .(b) The facility. shall have: .. (1) A 24-hour surveillance system which continuously monitors and controls entry onto the active portion of the facility; or (2) (i) An artificial or natural barrier which completely surounds the active portion- of the facility and which would prevent unauthorized entry; and (ii) A means- to control entry, at all times, through the gates•or other .entrances .to the active portion of the facility (e.g. , •an attendant, television monitors, locked entrance; or controlled .roadway access to the facility) . 12 (c) Upon the effective date of this document, 'a sign with the legend, "Caution - Hazardous Waste Area - Unauthorized Persons Keep Out," shall be posted at each entrance to the active portion of the facility, and at other locations, in sufficient numbers to be seen from any approach to this active portion. The legend shall be written in Engligh and Spanish, "Cuidado! Zona De Residuous Peligrosos. Prohibida La Entrada A Personas No Autorizadas", and shall be legible from a distance of at least 25 feet. Existing signs with a legend other than "Caution - Hazardous Waste Area - Unauthorized Persons Keep Out" may be used if the legend on the sign indicates that only authorized personnel . are allowed to enter the active portion, and that entry onto the .active portion can be dangerous: =5. Inspections. (a) The owner or operator shall inspect the facility for malfunctions and deterioration, operator errors, and discharges which may be causing--or- may lead to—release of hazardous waste constituents to the environment or a threat to human health. The owner or operator shall conduct these inspections often enough to identify problems in time to correct them before they harm human health or the environment. (b) (1) The owner or operator shall follow a written. schedule for inspecting all' moni-toying equipment, safety and emergency equipment, security devices, and operating and structural equipment (such as dikes and sump pumps) that are important to preventing,, detecting, or .responding to environmental or human health hazards. (2) The schedule shall be subject to approval by the California State Department of Health Services. M . He shall keep this schedule at the facility. (4) The schedule shall identify the types -of problems (e.g. , malfunctions or deterioration) which are to be looked for during the inspection (e.g. , inoperative sump pump, leaking fitting, eroding dike, etc.) . (5) The frequency of inspection may vary for the items on the schedule.. However, it shall ' be based on the rate of 13 possible deterioration of the equipment and the probability of an environmental or human health incident if the deter!- oration or malfunction or any operator error goes undetected between inspections. Areas subject to spills, such as loading and unloading areas shall be inspected daily when in use. At a minimum, the inspection schedule shall include the items and frequencies called for elsewhere in this doc- ument. (c) The owner or operator shall remedy any deterioration or malfunc- tion of equipment or structures which the inspection reveals on a schedule which shall be subject to approval by the California State Department of Health Services and which shall ensure that the problem does not lead to an environmental or human health hazard. Where a hazard is imminent or has already occurred, remedial action shall be taken immediately. (d) The owner or operator shall record inspections in an inspection log or summary. He shall keep these records for at least three years from the date of inspection. At a minimum, these records shall include .the date and time of the inspection, the name of the inspector, a notation of the observations made, and the date and nature of any repairs or other remedial actions. 6. Personnel training. (a) (1) Facility personnel - shall. successfully complete a program of classroom instruction or on-the-job training that teaches them to perform their duties in a way that ensures the • facility's compliance with the conditions of this document. The owner or operator shall ensure that this program in- eludes all the. elements described under Item 6 WO) . (2) This . program shall be directed- by a person •trained in haz- ardous waste management procedures, and shall include instruc- tion which teaches facility personnel hazardous waste management procedures (including contingency plan. implementation) celevant to the positions - in which they are employed. (3) At a minimum, the .training.program shall be designed to ensure that facility personnel are able to respond effectively to emergencies by familiarizing them with emergency proce- dures, emergency equipment, and emergency systems, including where applicable: (i) Procedures for. using, inspecting, repairing, and re- placing facility emergency -and monitoring equipment; (ii) Key parameters for. automatic waste feed cut-off systems; 14 (iii) Communications or alarm systems; . (iv) Response to fires or explosions; (v) Response to ground-water contamination incidents; and (vi) Shutdown of- operations. (b) Facility personnel shall have successfully completed the program required in Item 6 (a) by the effective date of this document or within six months after the date of their employment or assignment to a facility, or to a new position at a facility, whichever is later. Employees hired after the effective date of this document shall not work in unsupervised positions until they have completed the training requirements of- Item 6 (a) . (c) Facility personnel shall take part in an annual review of the initial training required in Item -6 (a) . (d) The owner or operator shall maintain the following documents and records at the facility: (1) The job title for each position at the facility related to hazardous waste management, and the name of the employee filling each- job. (2) A written job description for each position listed under Item 6 (d) (1) . Th i-s- descr i pt ion may be consistent in its degree of specificity-with descriptions for other similar positions in the same- company location or bargaining unit, but shall include the requisite skill , education, or other qualifications; and duties of facility personnel assigned to each position; (3) A written description. of the type and amount of both intro- ductory and continuing training that will be given to each person filling a. position listed under Item 6 (d) (1) ; and (4) Records that document that the training or job- experience required under Items 6 (a) , (b) , and (c)- has been given to, and completed by, facility personnel . (e) Training records on .current -personnel as required in Item 6 (d) 4 shall be kept until closure of the facility. Training records on former employees shall --be .kept for at least three years from the date the employee last worked' at the facility. Personnel training records may accompany personnel transferred within the same company. IS 7. Ignitable, reactive, or incompatible wastes. �(a) The owner or operator shall take precautions to prevent acci- dental ignition or reaction of ignitable or reactive waste. This waste shall be separated and protected from sources of ignition or reaction. . While ignitable or reactive waste is being handled, the owner or operator shall confine smoking and open flame to specially designated locations. "No Smoking" signs shall be conspicuously placed wherever there is a hazard from ignitable or reactive waste. (b) The treatment, storage, or disposal of ignitable or reactive waste, and the mixture or -commingling of •incompatible wastes, or incompatible wastes and materials shall be conducted so that it does not: (1) Generate extreme heat or pressure, fire or explosion, or violent reaction; -(2) Produce- uncontrolled toxic mists, fumes, dusts, or gases in sufficient quantities to 'threaten human health; (3) Produce uncontrolled flammable fumes or gases in sufficient quantities to pose a ' risk of fire or explosions; (4) Damage the structural integrity of- the device or facility containing the waste; or (5) Through other H ke means threaten human health or the envi- ronment. 8. Maintenance and operation of facility. The facility .shall .be maintained and operated to minimize the possi- bil'ity of• a fire, explosion, or any unplanned sudden or non-sudden release of hazardous- waste or hazardous waste constituents to air, soil , or surface water which could threaten human health or the environment. 9. Testing and maintenance of equipment. All facility -commun-ications or-alarm systems, fire protection equip- ment, , spill control . equipment, and decontamination equipment, where required, shall be tested and maintained as necessary to ensure -its proper operation in time of emergency. 1s 10. Required aisle space. ,The owner or operator shall maintain aisle space as needed to allow the unobstructed movement of personnel , fire protection equipment, spill control equipment, and decontamination equipment to any area of facility operation in an emergency. 11 . Arrangements with local authorities. . (a) Upon the effective date of this document, the owner or operator shall attempt to make the following arrangements, as appropriate for the type of waste handled at .the facility and the potential need for the services of these organizations: (1) Arrangements to familiarize police, fire departments, and emergency response teams with the layout of the facility, properties of hazardous waste- handled at the facility and associated hazards, places where facility personnel would normally be working, entrances to roads inside the facility, and possible evacuation routes; (2) ' Where more than one police and fire department might respond to an emergency, agreements designating primary emergency authority to a -specific police and a specific fire depart- ment, and agreements with any others to provide support to the primary emergency authority; (3) Agreements with State emergency response teams, emergency response contractors, and equipment suppliers; and (4) .Arrangements to familiarize local hospitals with the prop- erties of hazardous waste handled at the facility and the types of injuries or illnesses which could- result from fires, explosions, or releases at the facility. (b) Where State'or local authorities decline to enter into such arrangements, the owner or operator shall document the refusal in the operating record. 12. Purpose and implementation of contingency plan. (a) Upon the effective date of this document, the owner or operator shallhave a contingency plan for the facility. The contingency plan .shalI be 'subject to approval 'by the California State Department of Health Services and shall be designed to minimize hazards to' human health-'or the environment from fires, explo- signs, or any unplanned sudden or non-sudden release of hazardous waste or hazardous waste constituents to air, soil , or surface water. 1'7 (b) The provisions of the plan -shall be- carried out immediately wherever there is a fire, explosion, or release of hazardous waste or hazardous waste constituents which could threaten human health or the environment.- 13. Content of contingency plan. (a) . The -contingency plan shall describe the actions facility personnel shall take to comply with Items 1.2--and 17 in re- sponse to fires, explosions, or any unplanned sudden or non- sudden release of hazardous waste or hazardous waste constituents to air, soil , or surface water at the facility. (b) if the owner or operator has already prepared some other emergency or contingency plan, he need only amend that plan to incorporate hazardous waste management provisions that are sufficient to comply with the conditions of this document. (c) The plan shall describe arrangements agreed to by local police departments, fire departments, hospitals, contractors, and State and local emergency response teams to coordinate emergency services pursuant .to Item -13. (d). The plan shall list names, addresses, and phone numbers (office and home) of all persons qualified to act .as emergency coordinator (see Item 18) , and this list shall be ' kept up to date. ..Where more than one person is listed, one shall be named as -primary emergency coordinator and others shall be l-isted - in the- order in which they will assume re- sponsibility as alternates. (e) The plan shall include a list of all emergency equipment at the facility (such as- fire- extinguishing systems, spill control equipment, . communications and alarm systems (internal and external) , and decontamination equipment) , where this equip- ment is required. . This list shall be kept up to date. In addition., the plan shall include the location and a physical description of each item on the list, and a brief outline of its .capabiiities. (f) The plan 'shall include an evacuation plan for -facility personnel where there is a possibility that.-evacuation could be necessary. This plan shall describe signal (s) - to be- used -to begin evacu- ation -routes, and alternate evacuation routes {in cases where the primary routes could be' bi-ocked .by releases of hazardous wastes or fires) . 14. Copies of contingency plan. A copy of the contingency-.plan and all revisions to the plan shall be: - . (a) Maintained at the facility; and , (b) •Submitted to the California State- Department of Health Services and to all local police departments, fire departments, hospitals', and State and local emergency response -teams that maybe called upon to provide emergency services. 15. Amendment of contingency plan. The contingency plan shall be reviewed, and immediately amended, if necessary, whenever: (a) Applicable regulations aee revised; (b) The plan fails in an emergency; (c) The list of emergency coordinators changes; or (d) The list .of emergency equipment changes. 16. Emergency coordinator. At all times, there shall be at least one employee either on the facility premises or on call (i.e. , available to respond to an emergency by- reaching the facility within a short period of time) with the responsibility for coordinating all emergency response measures. This emergency coordinator shall be thoroughly familiar With -all -aspects of the facility's contingency plan, all operations and activities at the facility, the location and characteristics of waste handled, the location of all records within the facility, and the facility layout. In addition, this person shall have the authority to' commit the resources needed to carry out the contingency . plan. 17. Emergency procedures. (a) Whenever there is an imminent or actual emergency situation, the emergency coordinator .(or his designee when the emergency coordinator is on call) shall : (1) Immediately activate internal facility alarms or communica- tion systems, where applicable, to notify all facility personnel ; (2) Immediately notify appropriate State or local agencies with designated response .roles if their help is needed; and (3) Notify the California State Department of Health Services by telephone or telegraph within 24 hours of occurrence. 19 (b) Whenever there is a release,. fire, or explosion, the emergency coordinator shall immediately identify the character, exact source, amount, and areal extent of any released materials. This may be done by observation or review of facility records or manifests and,- if necessary, by chemical analysis. (c) Concurrently, the emergency coordinator shall assess possible hazards to human health or the environment that may result from -the release, .fire, or explosion. This assessment shall consider- both direct and - indirect effects of the release, fire, or explosion (e.g. , the effects of any toxic, irritating, or asphyxiating gases that are generated, or the effects of any hazardous surface water run-offs from water or chemical agents used to. control fire and heat-induced explosions) . (d) '. If the emergency coordinator determines that the facility has had a -release, fire,- or explosion which could threaten human health, or the environment, outside the- facility, the findings shall be reported as follows:.. .(1) The emergency coordinator -shall immediately notify either the government official designated as the on-scene coordinator for that geographical area (in the applicable regional contingency plan under Part 1510, Title 40, Code of Federal Regulations) , or the National Response Center (using their-24-hour toll free number: 800/424-8802) . The report shall include: (i) '. Name and telephone number of reporter; (ii) . Name and address of facility; (iii) Time and type of- incident (e.g. , release, fire) ; (iv) ' Name and quantity of material (s) involved, to the ex- tent known; (v) The extent of injuries, if any; and (vi) The possible hazards to human health, or the environ- ment, outside.the facility. -(2) lf. his assessment i.ndi•cates that evacuati.on-pf local areas may be advisable, appropriate .local authorities shall be notified immediately. - The emergency coordinator shall be ava'i-lable to• help appropriate officials decide whether local areas should be evacuated. (e) During an emergency the emergency coordinator shall take all reasonable measures necessary to-ensure that- fires,, explosions, and releases do not- occur, recur, or spread to other hazardous 20 waste at the facility. These measures shall. include, where applicable, stopping processes and operations, collecting and containing released waste, and removing or isolating containers. (f) Ifthe facility stops operations in response to a fire, explosion or release, the emergency coordinator shall monitor for leaks, pressure buildup, gas generation, or ruptures in valves, pipes, or other equipment, wherever this is appropriate. (g) Immediately after an emergency, the emergency coordinator shall provide for treating, storing, or disposing of recovered waste, contaminated soil or surface water, or any other material that results from a release, fire, or explosion at the facility. (h)' The emergency coordinator shall ensure that, in the affected area(s) of the facility: .0) No waste that may be incompatible with the released material is treated, stored, or disposed of until cleanup procedures are completed; and (2) All emergency equipment listed- in the contingency plan is cleaned and 'fit for its intended use before operations are resumed. (i) The owner or- opera-tor shall notify the California State Department of Health Services and local authorities, that the facility is in compliance with Item 17 (h) before operations are resumed in the affected area(s) of the facility. (j) The owner or operator shall note in the operating record the . - time, date, and details of any incident that requires imple- menting- the contingency plan. Within 30 .days after the _incident, he' shall submit a written report on the incident to the California State Department of- Health Services:: ..The report shall include: (1) Name, address, and .telephone number.of the owner or operator; (2) Name, address, and telephone number of the facility; (3)' Date,- time, and type of incident (e.g. , fire, explosion) ; (4) Name and quantity of material (s) involved; (5) •The extent of injuries, if any; 21 (b} An assessment of actual or potential hazards to human health or the environment, where this is applicable; and Estimated quantity and disposition of recovered material that resulted from the incident. 22 1V. RECORDKEEP 1 l4G 1 . Operating record. (a) - The owner or operator shall keep a written operating record at the facility. (b) The following information shall be recorded, as it becomes available, and maintained in the operating record until closure of the facility: (1) A description and the quantity of each hazardous waste received, and- the methods) and date(s) of its treatment, storage, or disposal at the facility; . (2) The location of each hazardous waste- within the facility and the quantity -at each location. This information shall include cross-references to specific manifest document numbers, if the waste was accompanied by a manifest; (3) Records and• results- of waste analyses and trial tests performed; (4) Summary reports and details of all incidents 'that require implementing the contingency plan; (5) Records and results• of inspections .(except these data need be kept only three years) ; (6) Monitoring, testing or analytical data where required; and (7) ' 'All closure cost estimates. 2. Availability,. retention, and disposition of records.' (a) All records including -plans, required -in this document shall be furnished upon request, and made available at all reasonable times for inspection, by any officer, employee, or- respresenta- . tive of -the California State Department .of Health Services who is- duly designated by the Director; (b) The retention period for all records required in this document is extended automatically during the course of any unresolved enforcement- action regarding the facility or as requested by the California State Department of Health Services; 23 (c) A copy of .records of waste disposal locations and quantities in Item 1 (b) (2) shall be submitted to the California State Department of Health Services and local land authority upon closure of the facility. 3. Annual report. The owner or operator shall prepare and submit a single copy of an annual report to the California State Department of Health Services by March 1 of each year beginning March 1 , 1982. The annual report shall cover facility activities during the previous calendar year and shall include the following information: (a) The EPA identification number, name, and address of the facility; ' (b) The calendar year .covered by the - report'; (c) A-description and the quantity of each hazardous waste the facility received during the -year; (d) The method of treatment, storage, or disposal for each hazardous waste; (e) Monitoring data where required; (f) The most recent closure cost estimate; (g) The certification signed by the owner or operator of the facility or his authorized representative. 4. Additional reports. In addition to submitting the annual report req uired. in Item 3, the owner or operator shall alsp report to the California State Department of Health Services: (a) Releases, fires, ' and explosions; (b) Ground-water- contami-nation and monitoring data; (c) Facility closure.' 24 V. CLOSURE 1 . Closure. The owner or operator shall close his facility in a manner that: (a) minimizes the need for further maintenance, and (b) controls, minimizes or eliminates, to -the- extent necessary to protect .human health and the environment, post-closure escape-of hazardous waste, hazardous waste constituents, ' leachate, contaminated rainfall , or waste decomposition products to the ground water, or surface waters, or to the atmosphere. 2: Closure plan and amendment of plan. (a) The owner or operator shall have a written closure plan. This plan shall be subject to approval by- the Cal i.fornia Regional Water Quality Control Board and shall be kept at the facility. This plan shall identify- the steps necessary to close the facility completely at any point during its intended life and at the end of its intended life. The closure plan shall include, at least : (1) . A descri.ption of how and when the facility will be parti- ally closed, if applicable, and ultimately. closed. The description shall identify the maximum extent of the operation which will be unclosed during the life of the facility, and. how Item I and other- applicable conditions of this- document w_i 1 1 be met; (2.) An estimate of the maximum inventory of wastes in storage or in treatment at any given time during the life of the facility; (3) A description of the steps needed to decontaminate facility equipment during closure; and (4) A schedule for final closure which shall include, as a minimum, the anticipated date when wastes will no longer be- received, the date when completion of final closure .is- anticipated, and intervening milestone.:dates which will allow tracking of the progress of closure. (For example, the expected date for completing treatment or disposal of waste inventory shall be included,. as must the planned date for removing any residual wastes from storage facilities and treatment processes.) 25 (b). The -owner or operStor may amend his closure plan at any time during the active life of the facility. (The active life of the facility is that -period during which wastes are periodi- cally received.) The owner or operator shall amend his plan any time changes in operating plans'or facility design affect the closure plan. (c) The owner or operator shall submit his closure plan to the California Regional Water Quality Control Board 'at least 180 days before the date he expects to begin closure. The California Regional Water Quality Control Board will modify, approve, or disapprove the plan within 90 days of receipt and after providing the owner or operator and the affected public (through a newspaper notice) the opportunity to submit written comments. 3. Time allowed, for closure. (a) Within 90 days after receiving the final volume of hazardous wastes, the owner or operator shall treat all hazardous wastes in storage or in treatment, or remove them from the site, or-dispose of them on-site., in accordance with the approved closure plan. (b) . The owner or operator shall complete closure activities in - accordance with the approved closure plan and within six , months after receiving the final volume of wastes. The California Regional Water Quality Control Board may approve a longer closure period- under Item- 2 (c) if the owner or operator can demonstrate -that: (1 ) the required or planned closure activities will , ..of necessity, take him longer than six months to complete, and (2) that he has taken all steps to eliminate any significant threat to human health and the environment from the unclosed but inactive facility. 4. Disposal .or. decont'amination of equipment. When closure is completed, all facility equipment and structures shall have been properly disposed of, or decontaminated by removing all hazardous waste and residues. 5• Certification of closure. When closure is completed, the owner or 'operator. shall submit to the California Regional Water Quality Control Board certification both by the owner or operator and by an independent registered professional engineer that the facility has been closed in accor- dance with the specifications in the approved closure plan. 2fi V1. FINANCIAL RESPONSIBILITY 1 . . Cost estimate for facili.ty closure. (a) The owner or operator shall have a written estimate of the cost of closing the facility. in accordance with- the applicable closure requirements of this document. The owner or operator shall keep this .estimate, and all subsequent estimates, at the facility. The estimate shall equal the cost of closure at the point in the facility' s operating life-when the extent and manner of its operation would make closure the most expensive, as indicated by its closure plan. (b) The owner. or operator shall prepare a new closure cost estimate whenever a change in the closure plan affects the cost of closure. (c) On each anniversary of the effective date of this document, the owner or operator shall adjust the latest closure cost estimate-using an inflation factor derived from the annual Implicit Price Deflator fo.r Gross National. Product as published by the. U.S. Department of Commerce in its Survey o; Current Business. The inflation factor shall be calculated by dividing the latest published annual Deflator by the Deflator for the previous year.. . The result is the inflation factor. The adjusted closure cost estimate shall equal the latest closure cost esti- mate (see Item- l (b)) times the inflation factor. 2'7 VII. OFF-SITE FACILITY 1 . Analysis of waste. (a) The owner or operator shall follow•a 'wr.itten waste analysis plan which shall be subject to approval by the California State Department of Health Services and which- shall specify the waste analyses tha.t hazardous waste generators have agreed to supply. (b) The waste analysis plan required in Item 1 (a)' shall also specify the procedures which will be used to inspect and, if necessary, analyze each movement of hazardous waste received at the facility .to ensure that it matches the identity of the waste designated on the accompanying manifest. At a minimum, the plan must describe: (1) The procedures which will be used to determine the identity of each movement of waste managed at the facility; and (2) The sampling method which will be used to obtain a representative sample of the waste to be identified, if the identification method includes sampling. (c) Before the 'owner' or operator treats, stores, or disposes of a particular type of hazardous waste for the first- time, he shall obtain a detailed chemical and physical analysis of a representative sample of the waste. At a minimum, this analysis shall contain all the information which must .be known to treat, store, or dispose of the waste in accordance with the conditions of this document. (d) The analysis shall be repeated as necessary to ensure that it is accurate and up-to-date. At a minimum, the analysis must be repeated when the results of the inspection required in Item 1 (e) indicate that the hazardous waste received at the facility does not match the waste designated on the accompanying manifest. (e) . The owner or operator shall inspect and, if necessary,analyze each hazardous waste movement received at the facility to determine whether it matches the identity of the waste specified, on- the accompanying manifest. 2.- Use of manifest. The owner or operator., or his agent, shall : (a) Require that a manifest be completed for al-1 hazardous waste accepted. . 28 (b) inspect- wastes before accepting them to. ensure that the delivered waste has essentially the same 'general -properties as identified by the generator on the manifest; (c) Complete the appropriate section of the manifest. (d) Sign and date each copyof the manifest to certify that the hazardous waste covered by the manifest was received; (e) Note any significant discrepancies in the manifest on each copy of the manifest; (f) Immediately give the transporter at least one copy of the signed manifest; (g) Send legible copies of all completed hazardous waste manifests to the California State Department of Health Services on a monthly basis in conformance with Section 66550, Title 22, California. Administrative Code; (h) Within 30 days after delivery, send a copy of- the manifest to the generator; and (i) Retain at- the facility a copy of each manifest for at least three. years from the date of delivery. 3. Manifest discrepancies. Upon discovering a significant discrepancy between the quantity or type of hazardous waste designated on the manifest and the quantity or type of hazardous waste a fac.ility actually receives, the -owner or operator shall attempt to reconcile the discrepancy with the waste . generator or transporter (e.g. , with telephone conversations) . Significant discrepancies in quantity are: (1) for bulk waste, variations greater. than 10 percent in weight, and- (2) . for batch waste, any variation in piece count, such as a aiscrepancy or one drum in a truckload. Significant discrepancies in type are obvious differences which can be discovered by inspection- or waste analysis such as waste solvent substituted for waste acid, or toxic constit- uents not reported on the manifest. ' If the facility can accept the waste after its actual identity is revealed, the owner or operator may accept the waste. If the facility e4nnot accept the waste, the owner or operator shall immediately notify the California State Department of Health Services -of that .fact, identify the transporter and generator of the waste, and refuse to accept the waste, If the owner or operator can accept the waste, he. shall note, on the copy of the manifest which he .submits to the California State Department of Health Services and on the copy which he retains, how the discrepancy was resolved. If the discrepancy is not resolved within 15 days after receiving the waste, the owner or operator shall immediately submit to the California State Depart- ment of Health. Serv-ices a letter describing the discrepancy and attempts- to reconcile it, and a- copy of -the-manifest at issue. 29 4. Annual report. 'The owner or operator shall prepare an annual report (as described elsewhere in this document) which shall include: (a) The EPA identification number of. each hazardous waste generator from which the facility received a hazardous waste during the year; for imported shipments, the -report shall give the name and address of the foreign generator; and (b) A description and the quantity of each hazardous waste, which the facility received- during the year, listed by EPA identi- fication number of each generator. 5, Unman'ifested waste report.' If the facility accepts for treatment, storage, or disposal any hazardous waste from an off -site source without an accompanying manifest, and if the waste is not excluded from the manifest require- ment, then the owner or operator shall prepare and submit a single copy. of a report- to the California State Department of Health Services withi'n'.15 days after receiving the waste. The -report shall include the following information: (a) The EPA telentification number, name, and address of the facility; (b) The date the facility received the waste; (c) The EPA identification number, name, and address of the generator and the transporter, if available; . (d) A description and the quantity of each unmanifested haz- ardous waste the facility received; (e) The method of treatment, storage, or disposal for each hazardous waste; (f) The certification signed by the owner or operator of the :facil'i-ty or his authorized representative; and (g) A brief explanation of why the. waste was unmanifested, if known. 30 VIII. GROUND-WATER MONITORING 1 : Ground-water. monitoring. (a) Effective November '19, 1981 , the -owner or operator shall implement a ground-water monitoring program which is capable of determining the facility's impact -on -the quality of groundwater in the .upper- most aquifer. underlying- the facility. A geound-water monitoring system shall be part of the ground-water monitoring program. The ground-water monitoring system sha'11 be capable of yielding ground- water samples for analysis, and shall consist of: (1) Monitoring wells (at least one) installed hydraulically .-upgradient. (i .e. , in the direction of increasing static head) from the. limit 'of the waste management area. Their number,' locations,. and depths shall .be sufficient to yield ground-wa-te'r samples that are: (i) Representative of background g.round-water quality . 1n the uppermost aquifer near the facility; and (ii) Not affected by• the facility; and (2) Monitoring wells (at' least three) installed hydraulically downgradienf (i.e. , .in the direction of decreasing static head). at the limit of the waste management area. Their number,' locations, 'and depths shall. ensure that they immediately detect any statistically significant amounts of hazardous waste or hazardous waste constituents that migrate from the waste management area to .'the uppermost aquifer. (b) , All .monitoring wells shall' be cased in a-manner. that maintains the integrity of the monitoring well • bore. hole. This casing shall: be screened or.perforated, 'and packed with gravel or sand where necessary, to .ena6le sample collection at depths where. appropriate aquifer flow zones exist. The annular space (i .e. ;' the space between' -the bore hole and well casing) above the .sampling depth shall be sealed with a suitable material (e.g. , cement -grout or bentonite slurry) to prevent- contamination of samples and the ground wa.ter.- .2. Sampl ing'-and- analysis. . (a-) The owner or-'operator shal'l--obtain and analyze samples from the Tnstalled groundwater monitoring' system. The owner or operator shall follow a ground-water:sampling and analysis plan. The plan shall be subject to approval by the California State Department of Health Services and shall be kept at the facility. The plan shall include procedures- and techniques. for: 31 (1) Sample collection; _ (2) Sample preservation and shipment; (3) Analytical procedures; and (4) Chain of• custody control . (b) The owner or operator shall determine the concentration or value of the following parameters in ground-water samples in accord- ance with- Item 2(c) and (d) : (1) Parameters characterizing the suitability of the ground water as a drinking water supply as specified by EPA in Appendix III , Part 265, Title 40, Code of Federal Regulations. (2) Parameters establishing ground-water quality: (i) Chloride (ii) Iron (iii) Manganese (iv) Phenols (v) Sodium NO Sulfate (3) Parameters used as indicators of ground-water contamination: (I) pH (ii) Specific Conductance (iii) Total Organic Carbon (iv) Total Organic Halogen (c)- (1) .- For all monitoring- wells, the owner or operator shall establ.is.h' initial hackground concentrations or values of :all parameters specified.'in Item 201 . This shall be done quarterly for one year. (2) - For each of the indicator parameters specified in Item 2 (b) (3) , at least four replicate measurements shall be obtained for- each sample and the initial background, arithmetic mean and variance shall be determined by pooling the replicate measurements for the respective parameter concentrations or values in samples obtained from upgradient wells during the first year. (d) After the 'fi'rst' year, all monitoring wells shall be sampled and the samples analyzed with the following frequencies: (1) Samples collected to-establish ground-water quality shall be obtained and analyzed for the parameters specified in Item 2(b) (2) at least annually. (2) Samples collected to- indicate ground-water contamination shall be obtained and analyzed for the parameters specified in Item 2(b) (3) at least semi-annually. . , 32 (e) Elevation of the ground-water surface at each monitoring well shall be determined each -time a sample is obtained. 3. Preparation, evaluation, and response. (a) By November 19, 1981 , the owner or operator -shall prepare an outline of a ground-water quality assessment program. The outline- shall describe a more comprehensive ground- water -monitoring program (.than that described in Items 1 and 2) capable of determining: (1) Whether hazardous waste or hazardous waste contituents have entered the ground water. (2) The rate.and extent of migration of hazardous waste or hazardous waste constituents in the ground water; and . (3) . The concentrations of hazardous waste or hazardous waste constituents in the ground water. (b) For each indicator parameter specified in Item 2(b) (3) , the owner or operator shall calculate the arithmetic mean and variance, based on at least four replicate measurements on each sample, for each- we-ll monitored in accordance with Item 2(d) (2) , and compare •these- results with its initial background arithmetic mean. The comparison shall consider individually each of the wells in the monitoring. system, and shall use the Student's t-test at, the 0.01 - level of significance to determine statistically significant increases (and decreases, in the case of pH) over. initial background. (c) (1) If the comparisons for the- upgradient wells made under Item 3(b) show a significant increase. (or pH decrease) , the owner 'or operator shall submit this information in • accordance with Item' 4(a) (2) (ii) . (2) If the comparisons for downgradient wells made under Item 3 (b) -show a sign-ificant ' increase (or pH decrease) , the owner or operator shall immediately obtain additional ground- water samples from those downgradient wells where a significant difference was detected, split the samples in -two, and obtain analyses of all additional samples to determine whether the significant difference was a result of laboratory error. (d) (1) If the analyses performed under Item 3(c) (2) confirm the significant increase (or pH decrease) , the owner or operator shall -provide written notice to the California Regional Water Quality Control .-Board..within seven days of- the date of such confirmation, -that the. faciIity may be affecting ground-water quality. 33 (2) Within 15 days after the notification under Item 3(d) (1) , the owner or operator shall develop and submit to the California Regional Water Quality Control Board for approval a specific plan, based.on the outline required under Item 3(a) and certified by a qualified geologist or- geotechnical enaineer, for a ground-water quality- assessment program at the facility. (3) The plan to be submitted under Item 3(d) (2) shall specify: Al) The number, location, and depth of wells; (ii) Sampling. and analytical methods for those hazardous wastes or hazardous waste constituents in the facility; (iii) Evaluation procedures, including any use of previously gathered ground-water quality information; and (iv) A schedule of implementation. (4) The owner or operator shall implement the ground-water quality assessment plan which satisfies Item 3(d) (3) , and, at a minimum, determine: (i) The rate and extent of migration of the hazardous waste or hazardous waste constituents in the ground water; and Oil' The concentrations of the hazardous waste or hazardous waste constituents in the ground water. (5) The owner or operator shall make the first determination under Item 3(d) (4) as soon as technically feasible, and, within 15 'days after that determination, submit to the California Regional Water Quali,ty.. Control Board a written report containing an assessment of the .ground-water quality. (6) If the owner or operator determines, based on the results of the first determination under Item 30) (4) , that no hazardous ' waste .or hazardous waste constituents from the facility have entered -the ground water, the indicator evaluation program described in Item- 2 and Item 3(b) shall be reinstated. When the-owner or operator reinstates the indicator evaluation program he shall notify. the California Regional Water Quality Control Board in the report submitted under Item 3(d) (5) . (7) If the owner or operator determines, based on the first determi- nation- under Item 3(d) (4) , that hazardous waste or hazardous waste constituents from the facility have entered the ground water, then: . 34 (i) The determinations. required under Item 3(d) (4) shall continue to be made on a quarterly basis until final closure of the facility, if the ground-water quality assessment plan was implemented prior to final ..closure of the .facility; or (i i). The determinations requ 1 red. under .Item. 3(d) (4) , may cease- to -be made- if the ground-water'.quality assessment plan was implemented during .the post-closure care period. (e) - Any ground-water quality assessment' to satisfy the require- ments .of.- Item 3(d) (4) which is initiated prior to final closure of the fac i-ity shall be completed and reported in accordance with Item 3(d) (5) . (f) Unl ess.'the ground water is mon.i tored to sat-i sfy Item 3(d) (4) , at least annually the owner or operator shall evaluate the data on ground-water surface elevations obtained under Item 2(e)- to determine whether the requirements under Item 1 (a) for locating the monitoring wells continues to be satisfied. If the evaluation shows .:that Item 1 (a) is no longer satisfied, the owner or operator shall immediately modify the number, location, or -depth -of the monitoring wells to bring the ground-water -monitori.ng.-system into compliance with this condition. 4. Recordkeeping--and reporting. . (a) Unless: the'.ground.water -is monitored to satisfy the .requirements of 1 tem, 3(d).(4) , the•;owner :or operator- shall : All . Keep records of the analyses required in -Item 2(c) and (d) , the associated ground-water surface elevations required in Item 2(e) ; -and the evaluations required in Item 3(b-) throughout the active life of the facility; and (2) Report the following ground-water monitoring information to the California..Regional Water Quality Control Board: (i) During the first year when initial background concentrations are being established for the facility:. Concentrations or values of the parameters listed in Item .2(b) (1) for each ground-water Monitoring- well within 15 days after completing each quarterly analysis: The owner or operator shall separately identify-for each monitoring well any parameters whose concentration` or value has been found to exceed the maximum contaminant levels specified by EPA in Appendix 1'.11 , Part 265, Title 40, Code of Federal Regulations. 35 (ii) Annually: Concentrations or values of the parameters listed in Item 2(b) (3) for each ground-water monitoring well , along with the eequired evaluations for these parameters under Item 3(b) . The owner or operator shall separately identify any significant differences from initial background found in the upgradient wells, in accordance with Item 3(c) (1) . During the active life of the facility, this information shall be submitted as part of the annual report required elsewhere . in this document. (iii) As a part of the annual report required elsewhere in this document: Results of the evaluation of ground-water surface elevations under Item 3(f) , and a description of the response to that eva.luation, where applicable: (b) If the ground water' is monitored to satisfy Item 3(d) (4) , the owner or operator shall : (1) Keep records of the analyses and evaluations specified in the plan, which satisfies Item 3(d) (3) , throughout the active life of the facility; and (2) Annually, until final closure of the facility, submit to the California Regional Water Quality Control Board a report containing the- results of his ground-water quality assessment program which includes, but is not limited to, the calculated (or measured) rate of migration of hazard- ous waste or hazardous waste constituents in the ground water during the reporting period. This report shall be submitted as part of- the annual report required elsewhere in this document. 5. Wa i-ver The foregoi.ng Gond i-t i.ons- may. be wa i;yed if the owner or operator can demonstrate in writi,.-ng to the sati.sfactfon of the California Regional Water Quality Control Board that there i-s a loan potential for migration of hazardous waste or hazardous waste constituents from the "facility via the uppermost aquifer to water supply wells or to surface water. 36 It DISPOSAL SITE 1. Operating record . The owner or operator shall maintain in 'the written operating record at his facility the following information until closure of the facility: (a) The location and quantity of each hazardous waste . recorded' on a map -or diagram of each cell or disposal area; and . (b) All post-closure cost estimates. 2. Annual report. The owner or operator sha11 include in his annual report to the California State .Department of. Health Services by March ] of each year except 1981 . the most' recent. post-closure cost estimate. 3. Recordkeeping and. reporting. (a) Unless .the owner or operator has implemented a satisfactory ground-water 'quality' assessment plan as specified elsewhere 1n this document, -he .shall keep records of- required analyses of monitoring samples and associated ground-water surface .elevations, as well.-as-required evaluations throughout 'the • post-closure care period. (b) If -the ground. water is monitored' in accordance with a satisfactory ground-water quality assessment plan, the owner, or operator sha ll. keep records of analyses and .. elevations specified in: the plan throughout the post closure care period. - 4-. Post-closure.' care and- use. of property; period of care. (a) Post-closure care shall consist of at -least: (]) . Ground-water. monitoring and reporting; and (2) Maintenance of moni.toring and waste containment systems. (b)" .The California Regional Water Quality -Control Board may require maintenance of any or all of' the security conditions in Item 4, Part I-II of this document during •the post-closure.period, when: 3'7 (1) Wastes may remain exposed after completion of closure; or (2) Short term, Incidental access by the public or domestic livestock may pose a hazard to .human health. (c) Post-closure use of the property on or in which hazardous waste remains after closure shall never be allowed to disturb the integrity of the final cover, liner(s) , or any other components of any containment system, or the function of the facility-'s monitoring systems, unless the owner or operator can demonstrate to the California Regional Water Quality Control Board either in the post- closure plan or by petition, that the disturbance: .(1) Is necessary to the proposed .use of the property, and will not increase the potential hazard to human health or the environment; or (2) Is necessary to reduce a threat to human health or the environment. (d) The owner or operator shall provide post-closure care in accordance with the approved post-closure plan for at least 30 years after the date of completing closure. However, the owner or operator may petition the California Regional Water Quality Control Board to allow some or all of the requirements -for post-closure care to be discontinued or .altered before the end of the 30-year period. The petition shall include evidence demonstrating the secure nature of the facility that makes continuing the specified post-closure requirement(s) unnecessary (e.g. , no detected leaks and none 1_ikely to occur,. characteristics. of the. waste, application of advanced technology, .or. alternative disposal , treatment, .or re-use techniques ). Alternately, the California Regional Water Quality Control Board may require the owner or operator to continue one or more of the post-closure care and maintenance requirements contained in the facility's post-closure plan for a specified period of time. The California Regional Water Quality Control Board may do this if they find there has been . noncompliance with .any applicable standards or requirements, or that such continuation is necessary to protect human health or the environment. At the end of the specified period of time, the California Regional Water Quality -Control Board will determine whether to continue or terminate post-closure care and maintenance at the facility. The owner or operator may petition the- California Regional Water Quality Control Board for an extension or reduction of the post-closure care period .based on cause. These petitions will be considered by the California Regional Water Quality Control Board at the time the post-closure plan is submitted and at five-year intervals after the completion of closure. 38 5. Post-closure plan; amendment 'of plan. (a)' The -owner. or operator...shal l have a written post-closure plan. He shall keep this plan at the facility. This plan shall identify the activities .which will be carried on after final closure and the frequency of those activities. The post-closure plan shall include at least: (1). . 'G round-water mon i'tor i ng- activities and -frequencies as specified elsewhere '.in this document for the post- closure .period; and. ' ` (2) Maintenance activities and. frequencies to ensure: (1) the -ihtegrity of the'cap and final cover or other containment structures as specified elsewhere in this document, and (2) the function of the facility's .monitoring equipment. (b) The owner or operator may amend- his post-closure plan at any time during the acti.ve life of the disposal facility or during the post-closure .care- period. The owner or operator shall amend his plan any time changes' in operating plans or facilities design affect his post-closure. plan.. (c) The -ownerlor operator-shall- submit his post-closure pian to the California Regional- Water Quality- Control Board at least :186 days -before the date- he expects to begin closure. The :California Regional Water Quality .Control Board will modify or approve the plan within 90 days -of receipt and after providing the- owner or operator and the affected public (through a newspaper not-ice) - the opportunity.to. submit .written -cbmments. The plan may- be modified to include security equipment maintenance -under Item 4(b) . Any .amendments.. to the. plan under Item 50) which occur after approval of' the plan-'shell 'also be approved by the California Regional Water Quality Control -Board before they may be implemented: 6. Notice to. 1 oca 1 . 1 and authority. . Within 90 days after closure- is completed, the-owner or operator shall. submit -to the local land authority and to the California Regional Water Quality Control Board a survey plat indicating the 'location and dimensions of landfill cells- or other disposal areas -with respect .to- permanently surveyed benchmarks. This plat shall -be prepared and certified by'a professional land surveyor: The plat filed with the local land authority shall contain a note, prominently displayed, which states the owner's or -operator's obligation to restrict disturbance of the site as specified in item 4(c) . - In addition, the owner :.or operator shall submit to the California Regional : Water Quality Control Board, and to the local land authority a. record of the type, location, and quantity of hazardous wastes disposed of :w i th i n each cell- or area. of the fac i l-i ty. For-wastes -disposed of before-the effective date of this document, .the owner or operator shall identify the type, location, .and quantity of the wastes to .the' best of his knowledge and. in accordance with any records he has kept.. 39 7: Notice in deed to property: .The owner of the property on which the facility is located shall record, in accordance with California. law, *a notation. on -the deed to the facility property--or on some other instrument which is . normally examined during -t-itle search--that will ih perpetuity notify any potential purchaser of the property that: (1) the land has been. used to manage 'hazardous waste, and (2) its use is restricted under item 4(c) . $. Cost estimate for post-closure monitoring and- maintenance. (a) The owner -or operator shalt have a written estimate of the annual cost of post-closure- monitoring and maintenance of the facility. The owner or operator -shall keep this estimate, and all subsequent estimates required 'in this A tem, *at the facility. ' (b) . The owner or operator shall prepare a new annual post- closure -cost estimate whenever a change In the post-closure pian affects the cost of post-closure care. The latest post-closure cost estimate is calculated by moitiplying .the latest annual past-closure cost estimate by 30. (c) ,.,Annually during the operating life .of the facility, the owner or operator shall adjust the latest post-closure cost estimate using the inflation. factor calculated as described elsewhere In this-document. *The adjusted past-closure cost estimate shall equal the latest post-closure cost estimate times the- inflation factor. 40 X• TANKS 1 . Operation.. (a) Treatment or storage of hazardous waste in tanks shall comply with Item 7 (b) , Part III of this document. (b) Hazardous waste. or treatment reagents shall not be placed in a tank if they could cause the tank or its inner liner to rupture; . leak, corrode; or otherwise fail before the end of . its intended life. (c) Uncovered tanks. shal.l be operated to ensure at least 60 cent-i- meters (2 feet) of freeboard, or-the tank shall be equipped with a containment structure (e'.g. , dike or trench) , a drainage control. system', or -a diversion structure (e.g. , standby tank) with a capacity that equals-.or exceeds the volume of the top 60 centimeters (2 feet) of the tank. (d) I.f hazardous waste is continuously fed into a tank, the tank shall-. be equipped with a .means to stop this inflow (e.g. , a waste- feed-cutoff system ;or- by-pass system to a stand-by tank) . 2. Analysis of waste and .trial - tests. (a) - if a tank Js- to. be- used .for: (1) Chemically treating or storing a hazardous waste which is substant-ially different from waste previously treated or stored' in that tarok;. or (2) . Chemical'ly treating hazardous waste with a- substantially- different process than any previously -used in that tank; the owner or operator shall before treating or storing the different'waste, or using the different process: (i) Conduct waste analyses and trial treatment or -storage tests (e.g. , bench. scale or p.i lot. plant scale tests) to document that- this proposed treatment or storage will comply. with Items ] (a) and (b) ; or (i i) Obtain written information on. similar storage or treatment of similar waste under.. similar operating conditions to- document that this proposed treatment or storage will comply with Items 1 (a) and W . 41 3. Inspections. (a) The owner or operator of a tank must inspect, if applicable: (1) Discharge control equipment (e.g. , waste feed cut-off systems, and -drainage systems) , at least once each operating day, to ensure that it is in good working order; (2) Data .gathered from monitoring equipment (e.g. , pressure and temperature gauges) , at least once each operating day, to ensure. that the tank is being operated according to its design; (3) The level of waste in the tank, -at least once each operating day, to ensure compliance with Item 1 (c) ; (4) The construction materials of the tank, at least weekly, to detect corrosion or leaking of fixtures or seams; and (5) The construction materials of, and the area immediately surrounding, discharge confinement structures (e.g. , dikes) , at least weekly, to detect erosion or obvious signs of leakage (e.g. , wet spots or dead vegetation) . 4. Closure. At closure, all hazardous waste and hazardous waste residues shall be removed from -tanks, discharge control equipment, and discharge confinement structures. 5. Ignitable.or reactive waste. (a) Ignitable- or reactive waste shall not be placed in a tank, unless: " (1) The waste is treated, rendered, or mixed before or immedi- ately after placement in the tank so that the resulting waste, mixture,- or dissolution of material is no longer ignitable or -reactive and Item 7 (b) , Part III of this - document is complied with; or' (2) The waste is stored or treated in such a way that it is protected from any material or conditions which may cause the waste to ignite or react; or (3) The tank is used solely for emergencies. (b) If the owner or operator treats or stores ignitable or reactive waste in covered tanks, he shall comply with the National Fire Protection Association's (NFPA's) buffer zone requirements for tanks, contained in Tables 2-1 through 2-6 of the "Flammable and Combustible Code--1977". 42 6. Incompatible Wastes. ..(a) Incompatible wastes, or incompatible wastes and materials, shall not be placed in the same tank, unless Item 7 (b) , Part III of this document is complied with. (b) Hazardous waste shall not be placed in an unwashed tank which previously held an incompatible waste or .material . 43 X1. THERMAL TREATME.N- IN INCINERATORS 1. Operation. Before adding hazardous waste, the owner or operator shall bring his incinerator to steady state (normal) conditions of operation-- including steady state operating temperature and air flow--using auxiliary fuel or other means. 2. Analy=sis of waste. The owner or operator shall sufficiently analyze any waste which he has not previously burned in his incinerator to enable hien to establish steadv state (normal) operating zondit'cns flincluding waste and auxiliary fuel feed and air flow) and to determine the type of pollutants wnich might be emitted. At' a minimum, the analysis shall Qetermi ne: (a) Heating value of the waste; (b) Halogen content and sulfur content in the waste; and (c) Concentrations in the waste of lead and mercury, unless the a mer or operator has documented proof tnat the element is not present. 3. Monitoring and inspections. (a) The owner or operator shall conduct, as a minimum, the following monitoring and inspections when incinerating hazardous wastes: (i) Existing instruments.•(e.g. , those measuring waste feed, auxiliary fuel feed,, air flow, incinerator temperature, scrubber flow, scr,ibber pH, and relevant lave, controls) which relate to combustion and emission control snail be monitored at least every 15 minutes. Aoproprfata correc- tions to maintain steady state combustion condit-ons shall be made immediately either automatically or by the operator. (2) The stack emissions shall be observed visually at least hourly for nonoral appearance (color and opacity) . The operator shall irmediately make any indicated operat;ng corrections necessary to return visible emissions to their normal appearance. (3) The complete incinerator and associated equipment (pumps, valves, conveyors, pipes, etc.) shall be inspected ac least daily for leaks, spills, and fugitive emissions, and all emergency shutdown controls and system alarmsshall be checked to ensure proper operation. 44 4. Closure. At closure, the owner or operator shall remove all hazardous waste and hazardous waste residues (includina, but not limited to.ash, scrubber waters, and scrubber sludges) from the inciner- ator. 48 (c) A storage container holding a hazardous waste that is incom- patible with any waste or other materials stored nearby in other containers, piles, open tanks, or surface impoundments shall be separated from the other materials or protected from them by means of a dike, berm, wall , or other device.