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Delaware Regulations Governing Hazardous Waste,
July 28, 1983
Part 2 of 3
Part 264 – Standards for Owners and Operators of Hazardous Waste Treatment, Storage and Disposal Facilities
P.~T 264-STk~ARDS 70R C~~E~S
&~ 02ERATORS OF HAZlillDOUSWASTE TREATHENT, STOR..<\GE.~~ DISPOSAL FACILITIES
Subpart C - Preparedness andPrevention
Subpart B - General FacilityStandards
App licabili ty •Identification number.Required notices.General waste analysis.Security.General Inspection requirements.Personnel training.General requirements for Lg ni t
able. reactive. or incompatiblewa s t e s •
Location standards.
Applicabili ty.Use of manifest system.Manifest discrepancies.Operating record.Availability, retention, anddisposition of records.Annual report.Unmanifested waste report.Additional reports.
Subpart F - Ground-waterProtection
Subpart G - Closure and Post-closu
Applicability.Required programs.Ground-water protections t and ard ,Hazardous constituents.Concentration limits.Point of compliance.Compliance period.General ground-watermonitoring requirements.
264.98 Detection monitoring program.264.99 Compliance monitoring program.2G4,~OO Corrective action program.2G4.101-264.109 [Reserved]
Subpart E - Manifest System,Recordkeeping, and Reporting
264.93264.94264.95264.96264.97
264.90264.91264.92
264.75264.76264.77
264.70264.71264.72264.73264.74
andscope
interim status
action.
Subpart A - General
Purpose,app licabili t y ,[Reserved]Relationship tostandards.Imminent hazard264.4
264.2264.3
264.18
:2 64. 14264.15264.162f>4.17
Section264.1
·264.10264.112fi4.12264.13
Subpart D - Contingency Plan andEmergency Procedures
ApplicabilityClosure performance st~~Garc
Closure pl~n; &mendment JrJlanClosure; t irne aLl.owed ::0::closure.DisDosal or decontaminationof ecuipmen t .
Certi:ication or closure.[Reserved)Post-closure care and useof property.Pose-closure plan; amendmentor plan.Notice co local landauthority.~otice in deed to property.
264.115264.il6
26':' .11S
264.120
264.119
264.l11
264.114
264.113
26!+.110
ofoperation
..r l a rm system.iZequir0d aisle s?ace.[Reserved]Arr.:lngements with local authorities.
Applica bility.Design andfacility.Required equipment.Testing and maintenance u.equipment.Acc e s s to COC1ffiUnlc...3.[lOl1S
Applicabili ty .Purpose and implementation ofcontingency plan.Content of contingency plan.Copies of contingency plan.Amendment of contingency pl~n.
Zmergency coordinator.
:mergency procedures.
264.502IS!, • 5l
264.52264.532hI•• 54264.55
264.34
264.35264.36264.37
264.30264.31
264.32:264.33
Subpart H - Financial Requirernent~Subpart I - Use and ~3nagernent of
Cont~!.ners
264.140264.141
264.1422(;4.143
264.14/.
2A4.145
21)4.1472(,1•• 14B
Appl1ca.bili t y .Definitions of terms ~s usedin this subpart.Cost estimate for closure.Financial assur3nce forclosure.Cost estimate for post-closurecare.Financial assurance for postclosure care.Use of a mechanism for financ LaI ns su r a nc e of both closure and post-closure c~re.
Liability requirements.Inc2~ncity of own~rs or 0rprators, p,uar:'!ntors, or f Lnn nc Lalinstitutions.
- 264.150 [Reserved]
264.17026 /•• 1712(',4.172
2~4.173
2(,4.174
204 .. 175
r,! • . I?!.~ <I. ¢' ~ f) 4
Applicability.Condition of cont3i~ers.
Compatibility of ~2~te with
can t:'! i nc r ,~anagempnt of cont~iners.
Lns p e c e Lo ns ,Containment.Special requirements for~~~itRhle or rea.ctive waste.SD~c~al requireMent~ forL~compAtible ~Ast~S.
C:o:-;ure"
Subo~rt J - T~nks
Ano Ll c a b t l I ty.~I~sign of tnn~s~
~pneral operating re0ulrements.rR,i><;(, r ve d J
I:"'! Si'l"'C t 10'1S.
(\ '~ .. ~ ': 7~', ". : o o - ""':: D ~(" 1 ;"'! ~ rea!!! r~m('n t ~
ignitahl~ or re~ctive w~ste.
Sn~ciA! requirementsi~~o~~~t~~le ~astes.
~ ~ /t c 2::'"'1 .'\l') n 1~ c .~ '; i : 1. t Y"~~~c2:: ~~s[~n nnrl operating ~eQutre
-~~c~::-2S,~&223 f~0~erved!
:~~~2:S '~n~itaring ~~d i~spectton.
~~·~.2:7 ~~~rge~cy rep~trs: continRe~c~
~ :,1n~ ..:~~l.2::;:, C:~~~!7~ :!..-,d ;)oe:t-closure C.'1~C"
i~~!:~bl~ 0r ~e~~ttv~ WA~tC.
:~4,,2JO ,S[)~c./.11 r'n"!:,fr~...,e~t:.: :nr
i~comnAtt~le ~astns.
2S4.231-264.249 [ReservQc]
Suboart t - ~aste Piles
""I;! "" ......_.J!~. (..)1
;\ 'J P 1Ic a b i Ii t Y~pq!~n ~nd oper~tfng r~~uirn
'"" 1", ~ - -:" /; /, " :: j J : :\C A ~ r ")' £',..: I·.~""'\~i.·»~'~~r; ;tn(~ ·:-~"'0('':LI')~.
264.270264.271264.272264.273
264.340204.341264;]42
264.2)) [Reserved]264.256 Special requirements for
iRnitable or reactive waste.264.257 Special requirements for
incompatible wastea.264.258 Closure and post-closure care.264.259-264.269 [Reserved}
Subpart M- Land Treatment
Applicability.Treatment program.Treatment demonstration.Deatgn and operating requirementa.
264.274-264.275 [Reservedj264.276 Food-chain crops264.277 1Rese rved J264.278 Unsaturated zone monitoring.2h4.279 Recorrlkeeping264.2HO Closure and post-closure care.264.281 Special requtrements for Lgnit
n bl e or reactive waste.2hh.282 Special requirements for Lncom
pat I b l e wastes.2h4.283-264.299 {Reserved]
Subpart N - Landfills
Subpart 0 - Incinerators
Appl1cabi l Lt y ,Waste .1n:llys{g.Principal organic ha za rd ou sconBtltuent~ (POHes).
264.343 Performonce standards.264.344 Hazardous waste incineratoI
permits.264.345 Operattn~ requirements.264.346 (Reserved]264.347 Monitortng and inspections.264.348-264.350 (Reservedl264.351 Closure264.352~264.999 [Reserved)
Appe nd Lx I - Reco rdkeep I ng Ins t ruc t LAppendiX II - Report form and
Ins t ruc t t onsAppendix II! - [Reserved]
Appendix IV - Cochr-an ' s Approximatiorto the Behrens - Fisher Students't-test
Appendix V - EXQillples of PotentiallyIncompatible Waste
2h4.300264.J01
264.302
Ap p l l c a bl Lt t y ,Design and ope ra t 1ng re quI r ements.
Double-lined landfills:
264.303 Honltoring .rnd inspection.264.304-264.308 [Reserved]264.309 Surveying rind recordkeeping.264.310 Closure and pOBt-closure care.2()4.Jll [Reserved}264.312 Special requtrements for ignit
able or reactive waste.264.313 Special requirements for incorn
pa t Lb l e wastes.264.314 Special requirements for liquld
waste.264.31S Special requirements for con
t n t ne r s •204.316 Disposal of sma l I containers tlf
hn za rd cus waste l n o ve r pac kr-d
drums (L.lb packs).2!,4.317-264.339 [Reserved}
Subpart A - General'l/A~.l Purpo~~. ~core ~nd
ilppllcflhLllty.
r-x r o nr t hn r ~7hl.(I(1-,1 r)f
1{t')'.\IL,rlon~; I'r(lvldl's o t hr- r v l s o :
(
operator of ,1
facillty;1s
f a rma r d Lsp o s l nz ,.,r(rom his oIJn liSP In
~2A2.:>1 of (hps,..
(5) Thl> ovnr- r ()re nc l o se d t rea trne n t
tn S2flO.lO.
( J ) ;\ P. t> ntl r ,1 t () r ;l (' ('" \ HTH t 1,1 t t n f',
\J:1ste oo-slte In c omp l l o nc e .... Ull §Z()2."J4nf t hr-s» Rf'r,III;l{ I o n s ,
(II) A
va s r e p e s t Lc l d e sr omp l t a nc o 1.111"
RI~f',IiL1tions; or
totallyd c I I ned
The s t a nd a rd s In t h t s part
ovno r s .:lnd Ofll'r;'Hor~; o f a l Iwhtch trf'at, store, or
h:I7.i1 r d o u s \J"!5te. o x c cp t as
provided o c he rv t sn In this261 of th~sp Re~u1atlons.
( b)
.rp p l v to
r .1(" r II t ! e 9
rl I ';f'()~:(. of
"["'r! f J en t1yp.' rt nr Pa r t
(.:J) The purpose of this pa r t is tof'st.lh!l~h mLn I mum s t a nda rds \Jfdch d e f I ne
t hr- ,l('('('pt;lblp m,lnil?,cmf'ot of h:lzardo\ls1.1.1 <; t f' .
( 8) ( i ) Ex c c p t .J. S prov ide d inpa r-a g r aph (d(8)(ll) of t h i sSection ... rf'r~on ('ngn~C'd in
treatmt'nt or <:ont:lLnmPlll.rc t t v Lt Lc s .Iur tru; i rnme d Ln t c
r e spon se to nnv of the' f o l l owi nr; s i t un t t on s :
(c) The requirements of this partapply to a person disposing of hazardouswaste by means of ocean disposal subjectto a permit issued under the ~nrine
Protection, Research, ilnLl Sanctuaries Act,on Iv to the extent they are included in aper~it by rule granted to such a ~ersonunder §122.60(a) of these regulat~ons.
(d) The underground injectionof hazardous waste is banned in theState of Delaware.
(6) The owner or o po r a t o ra n elementary ne u c ra l Lz a t l o n "nit or\Ja~te\J;tter t r on t men t unit .IS d e f Lnod§260.10 of t hc s o r o nu l a t Lons ,
(7) f Reserved J
(If
"In
(e) The r c qu Lrerne n r s of t h i s part,il'plv r.11 the U\J1ll'r o r onc r.u o r or .1
i'UTI.,' wh i c h t r c a t s , s t o r e s , IH JL;
rU';es 01 h.i za r dou s va s t e only Lil the/.'x LPn t l hev a r e inc l ud e d in ;1
f'l'rmtt by rule gr an t e d to such ,Ipe r s on uudc r s122.60(c) of theser p ~ '.1.1 I ,1 t i ()n s •
1.1.1 sll' ;
(fI) /\0, l mrn l ncn t an d <ub s t a n t Li ll h r l.' 01 t lJ f .I dis c h il q', l' 0 f h.i Z ,1 rei nus\./;1 ....; t, p ;
(I') A dLschar~e of a m~lPriill
loIhl,·h. '••till:,n dLsl"h"r~'.C'd. bec orne s ah.r za r d ou s '.J,lSt.:.>.
(r) Tht: r e qu i r eme nt s of this p.i r t
Ltl~ nnt ..a p p l y to:
(I) Th(~ ovrie r or o pe r a t o r of d
f.ll' 11 j t Y p o rm I t r I'd, II ,·('n':f'r!, o r
rf'P.!stered by the State to mn riagernu n t v t p.t l or l nd u s t r ln l s o l l d va s t e , If
! he' only ha zn rd ou s v.i s t e t no f a c I l l t y
tfP.Hs, staFPO;. or d Iap o s o s of Is
(''«(''lu.1I'd from fPf',Il1.1tlon Ilnd('r thl'; p.i r t
hv ~ ~ III • 5 0 f t ho s eReg 1I 1-1 t 1o n s ;
( 2) The owne r or operator of ,1
("rtlltv Iolh 1c h treat,,, or st
h.17..1 rrlous waste, \Jh! r h treatment orsf 0r.lr,(' m('C'c<; rh ... crirerl" I t1 3 26 1. 6 ( ,1)
nr t ~e Sf' Rpg u LIt Ion s , exr.f'pt to the
(ii) An olJner or operator of :l
f,lCillty o t hc rv i se regulated byt h Ls P:lr t mu s t camp 1y \.I i t h a 1 1np p l Lcnb l c r e qu t r crncn t s of Subpn r l~; C ,1I1l1 f)
(iii) Any person who ts coveredby 0:lr:w.r.1ph (R)(R)(i) of this~;l'C l ton ;lnd ...,ho c on t Luue s ori n l t Li t r-« hn za r d ous "".iste tfl',lf
mr- n t, n r cDnt:dnment ;liliv!LLf~';
aftpr thp lmm~dlatc rC'sponsp
is ove r t s sub l ec t to ,111 ,10r 1 l c .•h l e r E' f] \I i r e men l S a f l h t s p.J. r L
and Part~ 122-12 /• of these Regulations for th;,se activities.
(Q) A tr"nsportpr Mtorln~
m,1niff'sted shlrmf'nts of h.1?';"lrrlous lJ.:lS'P
i"1 (,Clnt.llnf':"'·; mC'('tln?, 'hi' r('!juir('!'1(''1t'1
()(~:'h;'.V\"It:1 trl1n"rpr r,,('llltv fiH 'I
f'1"'r1 nI' I)' ! ('n \.l.lV .... or t ('lr:(~.
§264.l1 Identification number.
§264.12 Required notices.
(b) Section 264.13(b) app i a e s o nLyto facilities subject to regulationunder Subjects I through 0 of this part.
Every facility OfHner or operatormust apply to the state for an EPAidentification number in accordance withthe State notification procedures.
part
i1' ~ ... ....• u.<::l t...
ownershipduring I t s
d i.sp o s a Iaororthe post-closure 2are
transferringa facility
period, r he owne r or opera tornocify the new owuer or opera~or
writing of the require~ents of thisand ?art 122 of these Regulations.
(c) 3eforeor operation ofoperating l~fe,
:acility duri~g
[Comment: An owner's or operator'sfailure co notify ~he new owner oroperator of the requirements of thispart in no way relieves the new O~1er oroperator of his obligation to co~ply
with all applicable requirements. ]
(a) The o~~er or operator of afacility that has arranged to receivehazardous waste from a foreign sourcemust notify the Secretary in writing atleast four weeks in advance of the datethe waste is expected to arrive at thefacility. Notice of subsequentshipments of the same waste from thesame foreign source is not required.
(D) The owner or operator of afacility that receives hazardous wastefrom an off-site source (except wherethe owner or operator is also the:;enerator) must inform the generator inwriting that he has the appropriatep e rm i t t s ) [or, and. '.-rill accept, thewaste the generator is shipping. Theowner or operator mus t keep a copy orthis written notice as part of theoperating record.
§264.2 [Reserved]
§264.4 I~inent hazard action.
Subpart B - General FacilityStandards
§264.10 Applicability.
§264.3 Relationship to interim statusstandards.
[Comment: As stated in 7 Del C.§6307(g), after the effective date ofregulations under that section, i.e.,Parts 122 and 124 of these Regu La t Lc ns .the treatment, storage, or disposal o ,ha za r d ous waste is prohibited e xc e p t i naccordance with a permit. 7 Del C.§6307(g) provides for the continuedoperation of an existing facility whichmeets certain conditions until fi021admi nf s t ra t Lve disposition or theowner's or operator's permit applicationis mad e , ]
A facility owner or operator who hasfully complied with the require mentsfor interim status - as defined in 7 DelC. Section 6307(g) must comply \o/i';,the regulations specified in Part 265 ofthese Regulations tn lieu of theregulations in this Part, until finaladministrative disposition of his permitapplication is made.
No t wi t h s t a nd Lng any other p rova s Lcu sor these regulat ions, enforcement:actions may be brought pu r s ua n t t oSection 7 Del. C. §6308.
(0) The addition 0;: a bso rbent ma t e r i a L to waste in a container(as defined in §260.10 of this chapter)or the addition of waste to absorbentmaterial in a container, provided thatthese actions occur at the time waste isif rst placed in the container; and§§264.17(b), 264.171, and 264.172 arecomplied with.
(a) The regulations in this Subpartapply to owners and operators of allhazardous waste facilities, except asprovided in §264.1 arid in paragraph (b)of this Section.
§264.13 General waste analysis.
(2) The analysis may includedata developed under Part 261 of theseRegulations, and existing published ordocumented data on the hazardous wasteor on hazardous waste generated fromsimilar processes.
operator treats, stores, or disposes ofany hazardous waste, he must obtain adetailed chemical and physical analysisof a representative sample of thewaste. At a minimum, this analysismust contain all the information whichmust be known to treat, store, ordispose of the waste in accordance withthe requirements of this part or withthe conditions of a permit issued underPart 122, Subpa r t s A and E, and Part124 of these Regulations.
[Comment: For example, the facility'srecords of analyses performed on thewaste before the effective date ofthese regulations, or studies conductedon hazardous waste generated fromprocesses similar to that whichgenerated the waste to be managed atthe facility, may be included in thedata base required to comply wi thparagraph (a)(l) of this section. Theowne r or operator of an of f r s t t e::",qcilitv may arrange for the generatorof the hazardous waste to supply partor all of the Lnf o rrna t Lo n required bypa r ag r ap h (a) (1) of this s e c t Lon , ~.t
the generator does not supply theinformation, and the owne r or operatorchooses to accept a h~zardous waste,the O'NTIer or operator is responS1D~e
for obtaining the information requiredto comply wic~ this section.]
(
whichthesetest for
test methodsto
(2) Thebe used
parai1eters;will
(ii) For off-sitef ac I Li t Le s , when the result s o f theinspection required in paragraph (a)(4)
of this section indicate that thehazardous waste received at the facilitydoes not match the waste designated onthe accompanying manifest or shippingpaper.
(4) The owner or opera tor ofan off-site facility must inspect and,if necessary, analyze each hazardouswas t e movement received at the facilityto determine whether it matches theidentity of the waste specified on theaccompanying manifest or shipping paper.
(b) The owner or operator mustdevelop and follow a wri tten was teanalysis plan which describes theprocedures which he will carry out tocomply with paragraph (aY of thissection. He must keep this plan at thefacility. At a minimum, the plan mustspecify:
(1) The parameters for whicheach hazardous waste will be analyzedand the rationale for the selection ofthese parameters (i.e., how analysis forthese parameters will provide sufficientinformation on the waste's properties tocomply '..ith pa r ag r ap h (<1) of thissection);
(3) The sampling method which'..... ill be used to obtain a representativesample of the wa s t e to be analyzed, :\representative sample may be obtainedusing either:
Before an owner or(a)( 1)
[Comment: See §260.21 o f theseRegulations for related discussion.]
( 1) One 0 f t ;, ene t hcd s described in App a nd i x261 of these Regulations; or
(3) The analysis mus t be repeatedas necessary to ensure that it isaccura~e and up to date. At a minimum,the analysis must be repeated:
(i) When the owner oroperator is noti fied, or has reason tobelieve, that the process or operationgenerating the hazardous waste haschanged ; and
(ii )sampling method.
An
samplinf,I of Part
r-qu i va l.e n t
(5) For off-site facilities,the waste analyses that hazardous wastegenerators have agreed to supply.
(1) The procedures which wi Llbe used to d e t e rm i ne the identity ofe ac h movement of waste managed at thef:l c i 1i t y; .i nd
(6) Where applicable. theme t ho d s which will be used to meet theadditional waste analysis requirementsfor specific waste management methods asspecified in §§264.l7 and 264.341.
Cc) For off-site facilities, thewaste analysis plan required inparagraph (b) of this Section must alsospecify the procedures which will beuc e d to inspect and, if necessary,analyze ~ach movement of hazardous wastereceived a t the facility to ensure thatit matches the ldentity of the wastedesignated on the accompanying manifestor shipping paper. At a minimum. theplan must describe: (1) A 24-hour surveillance
system (e.g., television monitoring orsurveillance by guards or facilitypersonnel) which continuously monitorsand controls entry onto the activeportion of the facility; or
[Comment: Part 122. Subpart B. of theseRegulations requires that an owner oroperator who wishes to make thedemonstration referred to above must doso wi th Part B of the permi tapplication. ]
(b) Unless the owner or operatorhas made a successful demonstrationunder paragraphs (a) (1) and (a) (2) ofthis section, facility must have:
(2) Disturbance of the wasteor equipment, by the unknowing orunauthorized entry of persons orIivestock onto the ac tive portion of afacili ty. will not cause a violation ofthe requirements of this part.
(1) Physical contact with thewaste. structures._ or equipment withinthe active portion of the facility willnot injure unknowing or unauthorizedpersons or livestock which may enter theactive portion of a facility; and
The frequency with whichanalysis of tile waste willor repeated to ensure thatis accurate and up to date;
(4)initial
reviewedanalysis
thebetheand
(2) The samp i i ng me t hcd whichwi 11 he us e d to o br a i n a r ep r e s e n t a t t vesample of the waste to be ident~fied. ifthe identification method includessampling.
(2)(i) An artificial ornatural barrier (e.g •• a fence in goodrepai r or a fence combined wi th acliff), which completely surrounds theactive portion of the facility; and
[Comment: The requirements of paragraph(b) of this section are satisfied if thefacility or plant wi thin which theactive portion is located itself has asurveillance system. or a barrier and ameans to control entry, which complieswith the requirements of paragraph(b)(l) or (b)(2) of this section. j
(ii) A means to controlentry, at all times. through the gatesor other entrances to the active portionof the facility (e.g., an attendant,television monitors, locked entrance, orcontrolled roadway access to thefacility) .
or
andthe
B, of thesethe wa s r e
with Part 3
§264.14 Security.
[Co;:unen,: Pa r t 122, SubpartRegulations requires thatnna l v s i s plan be submittedof the permit application. ]
(a) The owner or operator mustprevent the unknowing entry,minimize the possibility forunauthorized entry. of personslivestock onto the dctive portion of hisf.ac t Lt t y , unless he can demonstrate tothe Secretary that:
§264.:S General inspectioc requi~e
ments.
(c) Unless the owne r or operatorhas made a succ~ssful demonstrationunder pa rag r ap hs (a)(1) and (a)(2) ofthis section, a sign with legend,"Da ng e r - Unauthorized Personnel Ke epOut", must be posted at each entrancet o the active portion of a facility,and at other locations, in sufficientnum be r s to be seen from any approachto this active portion. The legend~ust be written in English and in anyother lRnguage predominant in the area-ru r round I ng the facility (e.g.,"::c ilit t e s in count ies bordering theC;lnaciian p r ov i nc e of Quebec must postsigns in French; facilities incounties bordering Mexico must postsigns in Spanish), and must be legiblefrom a distance of at least 25 feet.E~istin~ signs with a legend otherthan "Dange r Unau t ho r i ze d Personnel:':eep Ouz " may be used if the legend on:~~ si~n indicates thelt only~uthorized personnel ::ire allowed toenter the ~ctive portion, and thate nt ry onto the active portion can bed.r ng e r ous ,
~i~cuss:on of security:It.: r!isposal facilities;:l"'st-(:":'~;sure C;'1!"(.2 p e r i od , ]
( Ci) The owne r
(
(
to preventing, detecting,to e nv i r o nne n c a I or huraa n
a r e Imp o r t a n tor r e sp o nd Lnzhealth ha za rd s .
(3) The schedule raus t identi.fythe types of problems (e.g.,malfunctions or deterioration) which areto be looked for during the inspection(e.g., inoperative sump pump, lenkingfitting, eroding clke, etc.).
[Comment: Part: ~22, Subpar-t: ::', 0~ t he seRegulations requir-es the inspectionschedule to be su bnn t t ed with Part B of"the permit application. DNREC wi IIevaluate the schedule along with therest of the application to ensure thatit adequately protects human health andtie a n v'i r onrne n t , As pa rt of t h i s
(2) He must keep this scheduleat the facility.
(4) The frequency of inspection may vary f o r the items on theschedule. However, it should be basedon the rate of possible deterioration ofthe equipment and the probability of anenvironmental or human health incidentif the deterioration or malfunction ofany cpe ra t o r error goes undetectedbetween inspections. Areas subject tospills, such as loading and unload i nga r e a s , must: be inspected daily whe n inuse. At a mLn Lmum , the inspectionschedule must include the terms andfrequencies called for in §§264.l74,264,194, 264.226, 264.253, 264.254,264.303, and 264.347, where applicable.
for
error's,
requirement ....during the
operator
or operator mus t
for ma Lf unc t t o n s
§264.117(b)See[Corme nt; :
:'-:1s:)ec: ~is facility:1nd c: e t e rio rat ion,.i-id C::~~>.arges ,:.;h~ch n:J.~: be c a us i nr;or ~~~ ~eaci:o (1) release 0f
r c v i e w , D:·;REC :-:13y :-nodi fy o r amend:-.;c:-:edule a s may he necessary. )
~:;t::d~C:OUS wa s t e c oris t Ltue o t s :0 :~Q
t~nvi=on=ent or (2) a c hre a t to huma n
(b)(l) T~e owner or operatormust develop and follow a writtenschedule for .trrspec t Lng monitoring•ec u Lpme n t , safety, and emergencye quLpme rt t , security devi.ces, andoperating and structural equipment(-~uchq.s d I ke s and sump pump e ) that
0: equi~~2n: 0r structu~es which thei n spec t Lo n re ve a Ls on a s c aed u Le l..lhichensures that t he p r o b Lern d o e s no t leadto an e nv Lrc nme n t a I o r 'iuraa n :'.~;3.1:h
hazard • Where ~ haza r d is i mm i ne n t orhas already occurred, r"r.:enial ac t i o omust be taken i~r.:ediately.
healt;;. T":1ec o nd uc t these::0 iden~ify
c o r r e c t t hernhealth or the
owne r or operator nu s z~~soeccions of~en er.oughproblems in time to~efore they harm human
environ:rrent.
(c) T~e o~~er orr e med y any d.eterioration
o p e r a t o r mustOJ:' maLf unc t Lo n
{
~
(v) Response to groundwater contamination incidents; and
(ii) Key parameters rorautomatic waste feed cut-off systems;
(iv) Response to fires or
( vi)
or
ofShutdown
Communications( iii)
explosions;
alarm systems;
§264.16 Personnel training.
(d) The owner or o?erator mustrecord inspections in an inspection logor summary. He must keep these recordsfor a least three years from the date ofinspection. At a minimum, these recordsmust include the date and time of thei ns p e c t ion, the name of the inspector, anota tion . of the observations made, andthe date and nature of any repairs orother remedial actions.
(b) Facility personnel must successfully complete the program requi red inparagraph (a) of this section within sixmonths after the effective date of theseregulations or six months after the dateof their emp Loyraen t or assignment to afacility, or to a new position at afacility, whichever is later. Employeeshired after the effective date of theseregulations must not work inunsupervised positions until they havecompleted the training requirements ofparagraph (a) of this section.
(a)(l) Facility personnel musts uc c c s s r u I Ly complete a program of~ldssroom instruction or on-the-jobt r a i n i ng that teaches them to p e r f o rrnt he i r duties in a way that ensures thefacility's compliance with ther e qu i r emc n t s of this part. The owner OL"
operator must ensure that this programi:i,2ludcs ,111 t he elements described int "" ctoc ume n t; required under paragraph(d)()) 01 this section.
[Comrne nt; : Part 122, Subpa rt B, of theseiZegu Lac tons requires that owners andoperators submit with Part B of thepermit application, an outline of thet r.i Ln i ng p r og r arn used (or to be used) a t
:':12 ra c i l Lt y and a brier description ofhow :.he r r a I n i ng program is designed L')
.ae e t ac r ua I job t as k s , ]
operations.
(c) Fac t l t t y
part in an annualtraining requiredthis sE:ction.
personnel must takereview of the initia:in paragraph (a) of
(1) T~e job title for 2ac~
position it t'12 facility related tohazardous waste management, and thename of the employee filling each job;
(2) A wri tten job descriptio,",for each position listed under pdragr~?~
(d)(l) of thLs section. Thisdescription 8a1 be consistent in i:~
degree or specificity with descriptionsfor other similar positions in the samecompany location or bargaining unit, butmust include the requisite skill,education, or other qualifications, a ncduties of employees assigned to eachposition;
(2) This program must ;je
.i i r e c t e d by a person trained inh.i za rc ou s waste management procedures,ind ~ust include instruction whicht ea c nf>s Laci It ty pe r s onrie I hazardous'.,Jdste management p r oc edu r e s (inclt:citlgconcinRency plan implecentation)r e Le va nr to t he positions in which theydre employed.
(3) ..1..t a rnLn.i rnum , the t ra i m ng
p r og r arn must be designed to ensure thatf a c Ll Lt v personnel are able to respondeffecttv~ly to ecergencies procedures,erne r g e nc y equipment, and erne r'g e nc y~ystems, including where applicable:
(1) Procedures for using,i n s p e c t i ng , repairing, a nd r e p Lac t ng
facility emergency and monitoringc qu 1 pme n t ;
(d) The ownertain the fGllo~ing
at the facility:
or operator must maindocuments and records
(1) Generate extreme heat orpressure, Eire or explosions, or violentreacti.ons;
(3) A written cescription oft~e type and amount of both introductoryand continuing training that will be~iven ':0 each person filling a positionlLsted under paragraph (d)(l) of thissAction;
wa s t e or Lnc cmpa t Lb Lematerials, must t a kepreve:1t reactions which:
~astes and oth~r
p r e c a u t i o n s ::'0
(
(4) Records that document thatt~'r; z r.v i n l ng Or' job experience required'.,::der pa r ag r aph s (a), (b), and (c) of:~is ,ection has been given to, and2o~Dleted by, facility personnel.
(2) Produce uncont r o l Le dmists, fumes, dusts, or gasessufficient r:;uantities to threatenhealth or the environment;
toxicin
huma n
(5) Through other like mea n sthrenten human health or the environment.
c
( 1.)
i ':'" ->, \. ... .... -"
Produce u nc o n r r o I Ledor gases in s uf f i c i c nt;
pose a risk of fire or
Seismic considerationSeot ~ew :acilitiesstor~ge, or disposal
;;,:.s:'~ ·.... £.ll c e conducted
5254.18 Location standards.
(cl)
Po :-:2.0:1S
~r:: ::~ ~oc~::.~d J!thin ~l ~eters
: e~ t) Q: =.i u 1 t ''';t; i c h ha sCiSD t:],ce:.ten~ ~[1 ::o10cef1e ~ :'::te.
(4) Damag e the s t ruc t u r.i lintegrity of the device or facility;
(c; ~Jhen required to comply withpa rnz r a p h (3) or (::,) of t h i s section,the owner or operator ~ust document thatcompliance. This documentatioo may bebased on references to pu bLl s he dscientific or engineering Literature,d a t a from trial tests (e.g., bench scaleor p i r o t scale tests), waste a na Ly s e s(as specified in §264.1J), or theresults of the treatment of similar~astes by similar treatment processesand under similar operating conditions.
( 3)flammable fumesquantities toexplosions;
;:12.c;::J '.,,<:Q r e V~ t: ~:--:e r e ~ s .......nza r c - -"~,-
i~~nit2ble 0= re~ccive ~astQG
(:-.; Tr'(1.in::~~ records on current:)·:~~()n~e 1. nus t be kept until closure of~~e Cac::lit:r; c r a Ln i nr; records on formerc~ployees must be kept for at least::~ree y en r s from the date the employeelast vo r ked at the facility. Personnelt crlinin~ records may accompany personneltransferred within the same company.
S26~.l7 General requirements forignitable, reactive, ori~com?atible wastes
:-(!ing :1:lndled s ~:-~e
:::ust c'!r;~i:1e q=o~:':1~
':?eC i.\.: 2.',# desi.~nc:ltec.
(~) The owner or operator must': l'(e o r e c au r i o ns to prevent accidental":1:,::on or reaction of ignitable or---lL'':'·:'.' ',,':lste. "'.:'::is :,'o1stcc nu s t be-'"l')ar:1t2G arid p r o t e c t e ci :ro~ sources of'.~:'1LC.':':J~ or r c a c t i o n i1C~·_t(l:.;:g :)ut not
'".':'::lited t o : o oe n rLc1:7teS, ~;~oking)
:uct:'r!r~ 1n~ ' ..-Qldi~~, :-10!: s u r f ac e s ,:cictioTI31 he a t , s o.i r ks (static,"lectric,'11, or ~echanicD.l), sp o n t arre ous>nitio'1 (e.g., f r om he a t r-p r oduc Lng,~::,2:':'l1c;,~ reactions), and radiant ae a c .-{hile ignitnble or reaccive ~ast~ ~s
ather Sections 0: t:--'e Pa r t , the owne r Or'
rnea n s ;1
on one side:respect t o
thi.s sec:ior-:.:
( .,,,, -,
f r ac t u r e a Lo nz wh I c h c0C\Shave 'xe e n d Lsp Lac ed ·,.;ichthose on the other side.
of a f ac LlLt y t ha t treats,or disposes ignitable orwaste, or mixes incompatible
ooe re t o rs::ores,ceactive
(b) :;here specifically r e quI red by
:Jote: The definition of a wetlandcan be found in the D.NREC~{etland Regulations of 1976which were adopted underTitle 7, Del Code, Chapter66, Section 6607.
(c) Portable fire extinguishers,fire control equipment (includingspecial extinguishing equipment, such .:IS
that using foam, inert gas, or drychemicals), spill control equipment, anddecontamination equipment; and
(
Subpart C - Preparedness andPrevention
§264.30 Applicability.
(d ) Hater atpressure to supplyor foam producingmati~ sprinklers, or
adequate volume dndwa t s r hose streams,equipment, or autowater spray systems.
5264.31 Design and operation of£acility.
Facilities must be designed,constructed, ma i n t a l ne d , and operated to
minimize the possibility of a fire,explosion, or any unplanned sudden ornon-sudden release of hazardous waste orhazardous waste constituents to a i r ,soil, or surface water wh i c h couldthreaten human health or the environment.
The regulations in thisto owners and operators orwaste facilities, exceptprovides otherwise.
subpart apply"lll hazardous
as §264.1
[Comment: Part 122, Suhpart B, of theseRegulations requires that an owner oro pe r a c o r who wi snc s to make the c emo ns t r a t I o n r ef e r red to above must co sowith Part B of the permit application.
§264.33 Testip~ and maintenance ofequipment.
All facility communications or alarmsystems, fire protection equipment,spill ~ontrol equipment, and decontamination equipment, where required, mustbe tested and maintained as necessaryto assure its proper operation in timeof emergency.
§264.32 Required equipment.
Ca) ~n internal co~munic~tions or
i~mediate emergency inst~uction (voice orsignal) to fnci~ity personnel;
All facilities must be equipped v i t hthe following, unless it can bcdemonstrated to the Secretary that no n eof the hazards posed by waste handled atthe facility could require a particularkind of equipment specified below:
§264.34 Access to communications or;1larm system.
(a) ';';henever ha za r d ous was t e L:~
heing ~oured, mixed, spread, orotherwise handled, ~ll personnelinvolved in t~e operation must haveimnediate access to an internal alarm oremergency communication device, eitherdirectly ~r throu~h visual or voicecontact with another employee, unless~he Secretary ~as ruled that such udevice is ~0~ required unGer §264.32.
providingofcapablesystemalarm
f ac i Li t y ':'5 op e r a t f ng , h e must haveimmediate access to a device, such as atelephone (immediately availa b Le at t hescene of o p e r a t Lon ) or a hand r he IdtTNo-;.;ay r ad t o , capable of s ummoni nnexternal erne r g enc y .i s s I s t a nc e , unlessthe Secretary has ruled that such adevice is ~ot required under §264.32.
(b) A device, such as a telephone(immediately available at the scene ofoperations) or a hand-held two-way radio,capable of summoning emergency assistancefrom local police departments, firedepartments, or State or local emergencyresponse teams;
employeeT'" there
theis ever
premisesjust
,,,,hi Leonethe
w<1.ters; or
(A) The volume and physical a ndchemical characteristics of the waste i~
the f aci Ii ty ;
(i i) "Displacement" meansthe relative movement of any two sidesof a fault measured in any direction.
paragraph
floodplain"subjec t tochance of
from any
in
s ed I aent s ofthe soils ofthat could
of
(1) "lOO-yearmeans any land area which isa one percent or greaterflooding in any given yearsource.
(ii) "Washout" meansmovement of hazardous waste fromactive portion of the facility as aresult of clooding.
(D) The impactconstituents on theaffected surface waters orthe IOO-year floodplainresult from washout.
(iii) "IOO-year flood"means a flood that has a one percentchance of being equalled or exeeded inany given year.
(Comment: The location where wastes aremoved must be a facility which is eitherpermitted byrNREC under Part 122 of theseRegulations, authorized to managehazardous waste by a State with ahazardous waste management programauthorized under Part 123 of theseRegulations, or in interim status underParts 122 and 265 or these Regulations.]
[Comment: (1) Requirements pertainingto other Federal laws which affect thelocation and permitting of facilitiesare found in §122.12 of theseRegulations. For details relative tothese laws, see Dbl"REC I S manual for SEA(special environmental area)requirements for hazardous wastefacility permits. Through DNREC isresponsible for complying with theserequirements, applicants are advised toconsider them in planning the locationof a facility to help prevent subsequentproject delays.]
(2) As used(b)(l) of this Section:
of hazardouspotentially
a result of
existing surfac2piles, landlandfills, nohealth or the
if washout
concentrationthat would
waters as
(iii) "Holocene" meansthe most recent epoch of the Quarternaryperiod, extending from the end of thePleistocene to the present.
[Comment: Procedures for demonstratingcompliance '..;1 th this standard in Part Bof the permit application are specifiedin §122.25(a)(1l). Facilities which arelocated in political jurisdictions otherthan those listed in Appendix VI of thisPa r t , are assumed to be in compliancewith this requirement.]
(i) Procedures are in effectwhich wi l I cause the waste to De removedsafely, berore flood waters can reachthe f ac t l t t y , to :l location where thewastes will not be vulnerable to flood
(b) Floodplains. (1) A facilitylocated 1n a lOO-year floodplain must o~
designed, constructed, operated, andmaintained to prevent washout or anyhazardous waste by a lOO-year flood,unless the owner or operator candemonstrate to the Secretary'ssatisfaction thae:
(E) Forimpoundments, wastetreatment units, andadverse effects on humanenvironment will resultoccurs, considering:
(B) Theconstituentsaffect: surfacewashout;
(
( C) The impact of s uc h (c) A. new facility is prohibitedconcentrations on the current or from locating within a 100-y",--,potential uses of and water quaLi t y floodplain or 100 feet from a wetl.!"- standards established for the affected which ever distance is greater.surface waters; and
(2) Containment of the combustionreaction in an encloseddevice to provide sufficientresidence time and mixing forcomplete combustion, and
(1) Control of combustion air tomaintain adequate temperaturefor efficient combustion.
"Operator" means the personresponsi ble for the overall operationof a facility.
"Owner" means the person who ownsa facility or part of a facility.
"Partial closure" means theclosure of a discrete part of afacility in accordance with theapplicable closure requirements ofParts 264 or 265 of theseRegulations. For example, partialclosure may include the closure of atrench, a unit operation, a landfillcell, or a pit, while other parts ofthe same facility continue inoperation or will be placed inoperation in the future.
"Person" means an individual,trust, firm, joint stock company,Federal Agency, corporation (includinga government corporation),partnership, association, State,municipality, commission, politicalsubdivision of a State, or anyinterstate body.
"Personnel" or "facilitypersonnel" means all persons who work
(3) Control of emission of thegaseous combustion products.(See also "incineration" and"thermal treatment".)
entrance and exit between theproperties is at a cross-roadsintersection, and access is bycrossing as opposed to going along,the right-of-way. Non-contiguousproperties owned by the same personbut connected by a right-of-way· whichhe controls and to which the publicdoes not have access, is alsoconsidered on-site property.
"Open burning" means the combustion of any material without thefollowing characteristics:
surface;disposal
will remain
the soilare
waste
means any liquid,suspended components inthat has percolated
drained from hazardous
incorporated intosuch facilitiesfacilities if theafter closure.
"Leachate"including anythe liquid,through orwaste.
"Liner" means a continuous layerof natural or man-made materials,beneath or on the sides of a surfaceimpoundment, landfill, or landfillcell, which restricts the downward orlateral escape of hazardous waste,hazardous waste constituents, orleachate.
"Management" or "hazardous wastemanagement means the systematiccontrol of the collection, sourceseparation, storage, transportation,processing, treatment, recovery, anddisposal of hazardous waste.
;'Manifest"-means the shippingdocument DNREC form 8700-22, and ifnecessary, DNREC form 8700-22A,originated and signed by the generatorin accordance with the instructionsincluded in Part 262, Subpart B,Appendix II of these Regulations.
"Manifest document number" """1lleansthe EPA identification number assignedto the generator plus a 5 digitsequentially increasing numberassigned to the manifest by thegenerator for recording and reportingpurposes.
"Mining overburden returned to themine site" means any materialoverlying an economic mineral depositwhich is removed to gain access tothat deposit and is then used forreclamation of a surface mine,
"Movement" means that hazardouswaste transported to a facility in anindividual vehicle.
"New hazardous waste managementfacility" or new facility" means afacility which began operation, or forwhich construction commenced afterNovember 19, 1980. (See also"Existing hazardous waste managementfacility. )
"On-site" means the same orgeographically contiguous propertywhich may be divided by public orprivate right-of-way, provided the
is
rainwaterthat drains
a facility.rainwater,
that drainsa facility.
at or oversee the operations of ahazardous waste facility, and whoseactions or failure to act may resultin noncompliance with the requirementsor Parts 264 or 265 of theseRegulations.
"Pile" means any noncontainerizedaccumulation of solid, nonflowinghazardous waste that is used fortreatment or storage.
"Point source means anydiscernible, confined, and discreteconveyance, including, but not limi tedto any pipe, ditch, channel, tunnel,conduit, well, discrete fissure,container, rolling stock, concentratedanimal feeding operation, or vessel orother floating craft, from whichpollutants are or may be discharged.This term does not include returnflows from irrigated agriculture.
"Publicly o'Omed treatment works"or "POT"w" means any device or systemused in the treatment (includingrecycling and reclamation) ofmunicipal sewage or industrial wastesof a liquid nature which is awned by a"State" or "municipality" (as definedby Section 502(4) of the cr"lA). Thisd e f Lnf tion includes sewers, pipes, orocher conveyances only if they conveywastewater to a POTW providingtreatment.
"Qualified Engineer" or "QualifiedGeologis c" shall mean that theresponsible professional geologist orengineer is qualified by training and~xperience to gather and evaluate thedata required by these regulations.
"Regional Administrator" means theRegional Administrator for the EPARegion in which the facilitylocated, or his designee.
"Representative sample" means asample of a universe or whole (e.g.,waste pile, lagoon, ground water)which can be expected to exhibit theaverage properties of the universe or;.;hole.
"Run-off" means anyleachate, or other liquidover land from any part of
"Run-on" means anyleachate, or ather liquidover land onto any part of
"Saturated zone or zone ofsaturation" means that part of theearth's crust in which all voids arefilled with water.
"Secretary" means the Secretary ofthe Department of Natural Resourcesand Environmental Control, or his dulyauthorized designee.
"Sludge" means any solid, semisolid, or liquid waste generated froma municipal, commercial, or industrialwastewater treatment plant, watersupply treatment plant, or airpollution control facility exclusiveof the treated effluent from awastewater treatment plant.
"Solid waste" means a solid wasteas defined in §261.2 of theseRegulations.
"State" means any of the severalStates, the District of Columbia, theCommonwealth of Puerto Rico, theVirgin Islands, Guam, American Samoa,and the Commonwealth of the NorthernMariana Islands.
"s t o r age " means the holding ofhazardous waste for a temporaryperiod, at the end of ~h1ch thehazardous ~aste is treated, disposedof, or stored elsewhere.
"Surface impoundment" or"impoundment" means a facility orpart of a facility which is a naturaltopographic depression, man-madeexcavation, or diked area formedprimarily of earthen materials(although it may be lined withman-made materials), which is designedto hold an accumulation of liquidwastes or wastes containing freeliquids, and which is not an injectionwell. Examples of surfaceimpoundments are holding, storage,settling, and aeration pits, ponds,and lagoons.
"Tank" means a stationary device,designed to contain an accumulation ofhazardous waste ,..hich is constructedprimarily of non-earthen materials(e.g., wood, concrete, steel, plastic)which provide structural support.
"Thermal treatment means thetreatment of hazardous waste in adevice which uses elevatedtemperatures as the primary means tochang e the chemical, physical, or
(
§264.35 Required aisle space.
The owner or opera-cor mus t maintainaisle space to allow the unobstructedmovement of personnel, fire protectionequipment, spi 11 cont rol equipment, anddecontamination equipment to any area offacility operation in an emergency,unless it can be demonstrated to theSecretary that aisle space is not neededfor any of these purposes.
[Comment: Part 122, Subpart B, of theseRegulat ions requires that an owner orope r a t o r who wishes to make the demonstration referred to above must do sowith Part B of the permit application. J
(4) Arrangements to iam~~~ar
ize local ho sp i tals with the propertiesof hazardous waste handled at thefacility and the types of injuries orillnesses 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 mustdocument the refusal in the operatingrecord.
Subpart D - Contingency Plan andEmergency Procedures
§264.50 Applicability.
§264.36 [Reserved]
§264.37 Arrap~ements with localaur:horities.
The regulations in this subpart applyto owners and operators of all hazardouswaste facilities, except as §264.1provides otherwise.
(3) The owner or operator mus t
attempt to make the followinga r r a ng erne nt s , as appropriate for thetype or waste handled at his facilityand the potent tal need for the s e r v i c e sof these organizations:
(2) Where more than one policeand fi r e department might respond to ,:;"1
emergency, agreements designatingprimary emergency authority to aspecific police and a specific firedepartment, and agreements wi th anyother to provide support to the primaryemergency authority;
(1) Arrangements torami I i a r i z e police, fire departments,and emergency response teams with thelayout of the facility, properties ofhazardous waste handled at t h e facilityand associated hazards, places wherefacili t y personnel '.....o uLd normally beworking, entrances to and roads insidethe facility, and possible evacuation?:outes;
( 3)
§264.52 Content of contingency plan.
(b) The provisions of the plan Dustbe carried out immediately wheneverthere is a r i r e , explosion, or releaseof hazardous waste or hazardous wastecontituents which could threaten Gumanhealth or the environnent.
(a) Each owner or operator must havea contip~ency plan for his facility.The contingency plan must be designed tominimize hazards to human health or theenvironment from fires, explosions, orany unplanned sudden or non-suddenrelease of hazardous waste or hazardouswaste constituents to air, soil, orsurface water.
§264.51 Purpose and implementation ofcontingency plan •
(a) 7he contingency plan mustdescribe the actions facility personnelmust take to comply with §§264.S1 and264.56 in response ~o fires, explosions,or any unplanned sudden or non-suddenrelease of hazardous waste or hazardouswaste constituents to air, soil, orsurface water at the facility.
Stateemergencyequipment
withAgreementsresponse teams,
contractors, andand
emergencyresponses up p I i e r s ;
teams t ha t may beprovide emergency
('):i T!1e plan mus t describe a r r a ng emenr s agreed to by local police d epa r tme n t s , fi re departments, hospitals,contractors, and State and localemergency services, pursuant to §264 037 o
(~) Su bm i t t e d to alldepartments, fireho s p Lt a.I s , a nd Stateemergency responsecalled upon toservices.
l oca 1. :Jou.ced e p a r t me n t s ,
and l oc a I,r"
(d) The plan mus t include a list
contingencyof
faciLity Dennit is revised;
plan fails ~~ nn emergency;
Amendment
f ;.J )
The contin~ency plan must berev1.P-',,'e':i, ,111d Lrnmed iately amended, ifnece'~s~rY7 whenever:
§264.54plan.
~ Cotnme n t : The contingency plan must
be submitted to the Secretary withPart 3 of the ?ermit appli~atLo~ underPart 122, Su bpa r t s A and B, of theseRegulations ~nd, after ~odification orapproval, ·.....ill ')ecome a c o nd i t t o n ofany p e rrn.Lt I ssued , ]
the·::quipmentfire extinguishing
control equipment,and alarm systems
of ~ll emergencyf~cility such ~s
systems, spi 11communications
(c) The plan must list names,ad d r e s s e s , and telephone numbers (officennd ~ome) of all persons qualified toact rtS emergency coordinator (see§264 o 55), and this list must be kept upto cb~te 0 '"here more than one person isl~sted, one must be named 3S primaryemerg~ncy coordinator and others must beILsted in the order in which they willassume responsibility as alternates.For new facilities, this informationmus t be supplied to the Secretary at thet~me of certification, rather than atthe time of permit application.
(':'nternal and external), .t ndC:~cont(J.mination equipment, 1'.Yhere this2t1uipment is required. This list :::ust':ce 'zeD': 'J)) to date. 1:1 n dd Lt t o n , :::V~
?l:~.:l must include the l.oc a t f on a nd ,J
p hy s Lc a l, description of e a c h i t em ont::9 list, arid a b r i e f ou t Li ne n: .:~s
c ap a bd Lf ties.
(e) The plan must include anevacuation plan for facility ?ersonr.e~
....here there is a oc s s t b i Lt t v ::".:1tevacuat~on could be necessary¢ ~~i3
plan -:ust aesc::'ibe s igna.l Cs ) t<J ::~
used ':0 begin evacuatlon, evacuationroutes, and a Lt e r na t e e vac ua t Lon~outes (in cases where the pri~3ry
rcut e s could be bLoc ked JY r e Le a s e s ofhazardous waste or fires).
,~e) :~e list cr erne r g e nc y equipment
or
to
i n t~e l t s r s o~
~00rdinators or~onti~gency pl~n
f'!odification::0 "'hi.cn the
i n the
:\ c narig eeme rg e nc y
I o r rLre s , '?xploslons,of hazardous wa s t e
·.~·dste c cns t i c uc nt s ,the response necess2ry In
rCom~e!!t:
:acility
~otential
emergency;
·~qui pme n t
releasesha za rd o uschanges
The facility changes in itsconstruction, operation,
ria t nt e nn nc c , o r other circumstances'n a '..JrlY t:1.:lt m;J.terially increases the
consti:utes a ~i~or
the f ac t Li t y ~e~i:
is 3 con~itlon. 1
(c) The list of emergencycoordinators changes; or
(c)r1 • ,c e s i g n ,
Copies of contingency plan.§264.53
A copy of the contingency plan andall revisions to 'the plan must ~e:
(a) ~aintained at the facility; and
§264.55 Emergency coordinator.
At all times, there must be atleast one employee either on thefacility premises or on call (i.e.,available to respond to an emergency byreaching the facility within a shortperiod of time) with the responsibilityfor coordinating all emergency responsemeasures. This emergency coordinatormust be thoroughly familiar with allaspects of the facility's contingencyplan, all operations and activities atthe facility, the location and characteristics of waste handled, the locati on of all records within the facility, a nd the facility layout. Inaddition, this person must have theauthority to commit the resourcesnceded to carry out the contingencypLm.
[Comment: The emergency coordinator'sresponsihilities are more fully spelledout in §264.56. Applicable responsibi Ii ties for the emergency coordinatorv~ry, rlerending on factors such as typeand va r I e t y of wa s t e I s ) handled by thef:icilit~~, 3nd type and complexity oft he ia c i Lt t y , ]
§264.56 Emergency procedures.
(a) Whenever there is an imminentor ac t ua l erne r g e nc y situation, theemergency coordinator (or his designeewhen the ~mergency coordinator is oncall) must Immediately:
(1) Activate internalfacility alarms or communicationsystems, where applicable, to notifyall facility personnel; and
(c) Concurrently, the emergencycoordinator must assess possiblehazards to human health or theenvironment that may result from therelease, fire, or explosion. Thisassessment must consider both directand indirect effects of the release,fire, or explosion (e.g., the effectsof any toxic, irritating, orasphyxiating gases that are generated,or the effects of any hazardous surfacewater run-off from water or chemicalagents used to control fire andheat-induced explosions).
(d) If the emergency coordinatordeter mines that the facility has had arelease, fire, or explosion which wouldthreaten human health, or theenvironment, outside the facility, hemust report his findings as follows:
(1) If his assessment indicates that evacuation of local areasmay be advisable, he must immediatelynotify appropriate local authorities.He must be available to helpappropriate officials decide whetherlocal areas should be evacuated; and
(2) He must Lmme d La t e Lyno t i r y the government officialdesignated as the on-scene coordinator,in the contingency plan and theNational Response Center (using their24-hour toll free number800/424-8802). The report must include:
(i) Name and telephonenumber of Dotifier;
(ii) Name and add r e s s offacility;
release,emergencyidentify
amount,released
this byfacili ty
(iii) r i.me and type ofincident (e.g., release, fire);
(2) ;iotify app r o p r i a t e St a t oor local agencies with designatedresponse roles if their help is needed.
(b) Whenever there is af i re, or explosion, thecoordinator must immediatelythe character, exact source,and areal extent of anymaterials. He may doobservation or review ofrecords or manifests, and if necessary,by chemical analysis.
(iv) Nameof ma t e r t a Lf s ) involved,known;
(v) Theinjuries, if any; and
nnd quantityto the extent
extent of
(f) If the facility stopso o e r a t Lons in response to a fire,explosion, or release, the emergencycoordinator must monitor for leaks,p re s sure buildup, gas generat ion, orruptures in valves, pipes, or otherequipment, wherever this is appropriate.
(e) During an emergency, the erne rgency coordinator mus t take allreasonable measures necessary to ensurethat fires, explosions, and r e Le a sa s donot occur, recur, or spread to otherhazardous waste at the facility. Thesemeasures must include, where applicable,stopping processes and operations,collecting and containing release Haste,and removing or isolating containers.
(i) The owner or o pe r.:tor mu s t notify the Secretary, a nda p p r c o r i a t e State a nd local au t ho r i t i a s ,that the facility is in compliance withparagraph (h) of this section beforeoperations are resumed in the affectedarea(s) of the facility.
(j) The owner or operator must notein the operating record the time, date,and details of any incident thatrequires implementing the contingencyplan. (';ith1:1 1.5 days .i f t e r theincident, he .aus t submit a writtenreport on the t nc i d e nt to theSecretary. The report must include:
(
and
ad d r e s s , andthe owrie r or
address,facility;
( 2) :'-lame,~elephone num0er oE the
(1) \Jame,telephone numbe r ofoper2tor;
possible hazardsthe environment,
(vi) Theto human health, oroutside the facility.
( 5) T;lI"' e x ten t 0 f ; '1 j u r I e s , i f
(3) Date, time, a nd typei nc i d e n t (e.g., fire, exp l o s Lo n ) ;
(g) Immediately after an emergency,the emergency coordinator must providefor treating, storing, or disposing ofrecovered waste, contaminated soil orsurface water, or any other materialthat results from a release, fire, orexplosion at the facility.
(4) ~ame a ridmaterial(s) involved;
Quant ity
of
of
.i ny :
') f a. c t Ui3 L o rhealth or t hc
i.s:lpplicable;this
(S) An a s s e s sme rit
potential hazards to humane nv i r onrne n t ,
~1.nd
(7) E:s t Ima ced '~'.l;1f1t i ty·lndrif-sposir:'on of re c o ve r e d ~ateri2l tn2.t~esu~ted :r08 the incident.
[Comment; Unless the owner or operatorcan d emons t ra c e , in ac c o r d anc e with§261.3(c) or (d) of these Regulations,that the recovered material is not a~'1zardous waste, the ovne r or o o e r a t o r~ecomes a generator of hazardous ;;astea nd mus t manage it i'1 .zc c o rd a nc e '..;i::t,;ill app Ld c a bLe r equ i r e-ne n t s ()f Pa r t s:62, 2~J, and 26a of these ~e~ulations&;
(h) The eme rg e nc y coordinator 'lustensure that, t n t he af f ec ted a r e a, 5) c rthe facility:
SubDart E - Manifest System,Recordkeeping, and Reporting
apply to owners and operators of bothon-site and off-site facilities, exceptas §264.l provides otherwise. Sections264.71, 264.72, and 264.76 do not applyto owners and operators of on-sitefacilities that do not receive :1.n1'hazardous wa s t e from off-site sources.
(1) :';0 wa s t e c ha t may bei nc omp a t I ble '..;i tn the released materialis treated, stored, or di.sposed of untilcleanup procedures are completed; and
(2) All eme rge ncy equipment listedin the contingency DIan is cleaned andfit for its intended use beforeooerations are resumed.
!he regul3.t:ions ... :-: this
§264.71 Use of manifest system.
(a) If ahAzardous wastemanifest, the owneragent, must:
facilityaccomplaniedor operator,
receivesby a
or his
(2) Note any significantdiscrepancies (as defined in §264.72(a)in the manifest or shipping paper (ifthe manifest has not been received) oneach copy of the manif est or shippingpaper.
(4) :.lithin 30 days a f t e r thedeLi ve ry , send a copy of the manifest tothe generator; and
(5) Retain at the facility acopy of each manifest for at least threeyears from the date of delivery.
(1) Sign and date each copy ofthe manifest to certify that thehazardous waste covered by the manifestwas recei ved;
(2) Note any significantdiscrepancies in the manifest [asdefined in §264. 72(a)] on each copy ofthe manifest;
[Comment: Section 262.23(c) of theseregulations requires the generator tosend three copies of the manifest to thefacility when hazardous waste is sent byrail or water (bulk shipment).]
(3) Immediately give the railor water (bulk shipment) transporter atleast one copy of the manifest orshipping paper (if the manifest has notbeen received);
(c) \.;'henever a shipment ofhazardous waste is initiated from afacility, the owner or operator of thatfacility must comply with the requirements of Part 262 of these Regulations.
(4) Within 30 days after thedeli very, send a copy of the signed anddated manifest to the generator;however, if the manifest has not beenrecei ved wi thin 30 days after delivery.the owner or operator, or his agent,must send a copy of the shipping papersigned and dated to the generator; and
(5) Retain at the facility d
copy of the manifest and shipping paper(if signed in lieu of the manifest atthe time of delivery) for at least threeyears from the date of delivery.
[Comment: The Department does notintend that the owner or operator of afacility whose procedures under§264.l3(c) include waste analysis mustperform that analysis before signing themanifest and giving it to thetransporter. Section 264.72(b),however, requires reporting anunreconciled discrepancy discoveredduring later analysis.]
[he[he
givecopy of
Immediatelyleast one
(3)t ra nspo r t e r atsigned manifest;
[Comment: The Department does notintend that the owner or operator of '"facility whose procedures under§264.1J(c) include waste analysis mustperform that analysis before signing themanifest and giving it to thetransporter. Section 264.72(b),ho weve r , requires reporting anunreconciled discrepancy discoveredduring later analysis. ]
(b) If a facility receives, f r om arail or water (bulk shipment) t r ansporter, hazardous waste which isaccompanied by a shipping papercontaining all the information requiredon the manifest (excluding the EPAidentification numbers, generator'scertification, and signatures), theowner or operator, or his agent, must:
(1) Sign and date each copy ofthe manifest or shipping paper (if themanifest has not been received) tocertify that the hazardous waste coveredhy the manifest or shipping paper wasrecei ved ;
[Comment: The provisions of §262.34 areapplicable to the on-site accumulationof hazardous wastes by generators.Therefore, the provisions of 262.34only apply to owne r s or operators whoare shipping hazardous waste which theygenerated at that facility. J
(1) A description and thequantity of each hazardous wastereceived, and the methodes) and d a t e Cs )of its treatment, storage, or disposalat the facility as required by AppendixT·-,
(
(3) Records and results ofwaste analyses performed as· specified inS§264.1J, 264.17, and 264.341;
(4) Summary reports anddetails of all incidents that requiret mpLcme n t t ng the contingency plan asspecified Ln §264.56(j);
(6) ~onito~ing, testing, oranalytic~l data o;.;here required bySubpart . a nd §§264.226,264.253, 264.254,264.276, 264.278, 264.280, 264.303,264.309 and 26~.J47.
(2) The location of eachhazardous wa s ce within the facility andthe quantity at each location. Fordisposal facilities, the location andquantity of each hazardous waste must berecorded on a map or diagram of each~ell or disposal area. For allfacilities, this informatin must includecross-references to specific manifestdocument numbers, if the waste wasaccompanied by a manifest;
r\'!latedfor
results orby §264.15(d):JQ l..:epc 001:v•
;l nd
§264.119
Re c o r d s( 5)
[Comment: Seerequi rernent s , J
inspections as reauired(expect tilcse data needthree years);
§264 c 72 Manifest discrepancies.
(b) Upon discovering a significantd i sc r e pancy , the owner or operator mustattemot to reconcile the discrepancyo;.;i.tn the was t e generator or transporter(e.:.:;., \-lith telephone conversations).If the discrepancy is not resolvedr.vi thin 15 days after receiving ther"aste, the owner or operator musti~mediately submit to the Secretary aletter describin~ the GlSCrepancy andattempts to reconcile it, and a copy oft~e ~a~ifest or shipping paper at Lssue.
(a) Manifest discrepancies aredifferences between the quantity or typeof hazardous waste designated on themanifest or shipping paper, and thequantity or type of hazardous waste af ac Ll Lty actually receives. Significantdiscrepancies iri quantity are: (1) Forbulk was t e , variations greater than 10percent in weight, and (2) for batchwaste, any variation in piece count,suc h as a discrepancy of one drum in atruckload c Significant discrepancies intype are obvious differences which can~e discovered by inspection or wastea na Lys i s , such as waste solventsubstituted for waste acid, or toxicconstitutents not reported on themanifest or shipping paper.
(b) The following information mustbe recorded, as t t becomes a va i lable,and maintained in the operating record~ntil closure of the facility:
5264.73 Operating record.
(8) All:losure cost e s t f.ma t e sunder §264.142, and ~0r dispos?lfacilities, all post-closure costestimates under §264.144.
facilities,speciE~ed ~
Fo r o f f r-s i te;;er:.erators as
and
(7)notices to§264.12(1.J);keep
hisatmust
r e c o rdowner or operator(a) :'::e
-:] vr itt enf ac i lity.
(h) The certification signed bythe owner or operator of the facilityor his authorized representative.
(g) The most recent closure costestimate under §264.142, and fordisposal facilities, the most recentpost-closure cost estimate under5264.144; and
(d) A description and thequantity of each hazardous waste thefacility received during the year.For off-site facilities, thisinformation must be listed by EPAidentification number of eachgenerator;
(f) [Reserved J
treatment,for each
The method ofor disposal
waste;
(e)storage,hazardous
S264.74 Availability, retention, anddisposition of records.
(c) A copy of records of wastedisposal locations and quantitiesunder §264.73(b)(2) must be submittedto the Secretary and local landauthority upon closure of the facility.
(b) The retention period for allrecords required under this Part isextended automatically during thecourse of any unresolved enforcementaction regarding the facility or asrequested by the Secretary.
(a) All records, including plans,requi red under this part must befurnished upon request, and madeavai lable at all reasonahle times forinspection, by any officer, employee,or representative of DNREC who is dulydesignated by the Secretary.
5264.75 Annual report. 5264.76 Unmanifested waste report.
(b) The calendar year covered bythe report;
(c) For off-site facilities, theEPA identification number of eachhazardous waate generator fcum whichthe facility received a hazardouswaste during the year; for importedshipments, the report must give thename and ad d re as of t l.e foreigngenera tor;
The owner or operator must prepareand submit a single copy of an annualreport to the Secretary by March I ofeach year. The report form inAppendix II must be used for thisreport. The annual report must coverfacility activities during theprevious calendar year and mustinclude the following information:
If a f a c Ll.I t y accept s fortreatment, storage, or disposal a nyhazardous waste from an off-sitesource without an accompanyingmanifest, or without an accompanyingshipping paper as described in§263.20(e)(2) of these Regulations,and if the waste is not excluded fromthe manifest requirement by §261. 5 ofthese Regulations, then the owner oroperator must prepare and submit asingle copy of a report to theSecretary within 15 days afterreceiving the waste. The report formand instructions in App e nd I x II mustbe used for this report. The reportmust include the following information:
the facility
identificationaddress of t hetransporter, if
identificationaddress of the
EPAandthe
EPAand
(a) Thenumbe r , name,facility;
(b) The datereceived the waste;
(c) Thenumbe r , narne ,generator andavailable;
Ld e nt Lf i c a t ionaddress of the
EPAand
(d) Thenumbe r , name,facility;
(g) A brief e xp Lana r Lon of why thewaste was unmanifested, if known.
(e) The method of treatment,sr o rag e , or disposal for each hazardouswaste;
(f) The certification signed by theowner or operator of the facility orhis ~uthorized representative; and
[Comment: Small quantities of hazardouswaste are excluded from r e g u Luc Lon underthis Part and do not require amanifest. Where a facility receivesu nman I f e s t ed hazardous wastes, theDepartment suggests that the ovne r oroperator obtain from each generator acertification that the waste qualifiesfor exclusion. Ot he rwt se , theDepartment suggests that the owner orope rata r file an unman I f ested wastereport for the hazardous ",aste movement. J
The owner or operator Is notto re g u La t Lon under this subpart
( b)
subjectif:
§264.90 Applicability.
(a) Except as p r o vLd ed in paragraph(b) of this section, the regulations inthis subpart a p pLy to owne r s :100
operators of facilities that treat,store, or dispose of hazardous waste insurface impoundments, waste pi les, landtreatment units, or landfills. Theovne r or operator must satisfy therequirements of this subpart for allwastes (or constituents thereof)contained in any such waste managementunit at the facility that receiveshazardous waste after the effective dateof this subpart (hereinafter referred toas a "regulated unit"). Any waste orwaste constituent migrating beyond th~
waste management a rea under §264. 95( h)is assume'; to originate [rom a regulatedunit unless the Secretary finds thatsuch waste or ..,.::Iste constituentoriginated from a no t he r source.
and the quantityhazardous waste
Cd) A descriptioneach unmanlfestedfacility received;
ofand
5264.77 Additional reports.§264.l:
(1) He is exempted under
Subpart F - Ground-water Protection
(b) Facility closure as specifiedin §26 4.115.
(a) Releases, fires, a nd explosionsas specified in §264.56(j);
( ~ ) Ground lola ter contamination andmonitoring data as specified in§265.93 and §265.94.
(2) He designs and operates <l
(3) The Secretary finds.pursuant to §264.280(d), that thetreatment zone of a l a nd treatment unl tdoes not contain levels of hazardousconstituents that are above backgroundlevels of those constituents by anamount that is statisticallysignificant, and if an unsaturated zonemonitoring rrogr~m meeting therequirements of §264.278 h2.~i not shown d
statistically significant ! nc re a s e inhazardous constituents below thetreatment zone during the opernting lif~
of the unit. An exemption u nd e r t h t sparagraph can only re.l I e ve an owner oroperator of responsibility to meet therequirements of t h I s subpart during thepost-closure c~re period: or
pile in compllance with§264.250(c) or alandfill in compliance with §264.302.
byrequired
at least themeans anythe facility
(c) As other"'iseSubparts F and K-N.
Note: In this Su bpa rt ,uppermost aqu l f s r "aquifer which
has th~ Potpotial to affect.
In addition to submitting the annualreport ,!TId unmani f es ted waste reportsde sc r t bed in §264.75 and 264.76, theowner or operator must a l s o report tothe Secretary:
owner ordetection§264.98.
(4) The Secretary finds thatthere is no potential for migracion ofliquid from a regulated unit to at leastthe uppermost aquifer during the activelife of the regulated unit (includingthe closure period) and the post-closurecare period specified under §264.1l7.Thi s demonstration must be certified bya qualified geologist or qualifiedgeotechnical engineer. In order toprovide an adequate margin of safety inthe prediction of potential migration ofliquid, the owner or operator must baseany predictions made under thisparagraph on assumptions that maximizethe rate of liquid migration.
(c) The regulations under thissubpart a pp Ly during the active life 0":the regulated unit (including thec l.o s u r e period). After closure of theregula ted uni t , t he regulations in thi ssubpart:
(1) Do not apply if all waste,waste res idues, contaminated containmentsystem components, and contaminatedsubsoils ~re removed or decontaminatedat closure;
(2) Apply during the post-closurecare p e r i od under §264.ll7 if the owneror operator is conducting a detectionmonitoring program under §264.98; or
(3) Apply during the compliancepo r i od under §264.96 if the owner oroperator is conducting a compliancerno n t to r i rig program under §264.99 or'corrective action program under§264.l00.
(2) Whenever the ground-waterprotection standard under §264.92 isexceeded, the owner or operator mustinstitute a corrective action programunder §264.100;
(3) Whenever hazardousconstituents under §264.93 from aregulated unit exceed concentrationlimits under §264.94 in ground waterbetween the compliance point under§264.95 and the downgradient facilityproperty boundary, the owner oroperator must institute a correctiveaction program under §264.100;
('") In all other cases, theoperator must institute amonitoring program under
(b) The Secretary will specify inthe facility permit the specificelements of the monitoring and responseprogram. The Secretary may include oneor more of the programs identified inparagraph (a) of this section in thefacility permit as may be necessary toprotect human health and theenvironment and will specify thecircumstances under which each of theprograms will be required. In decidingwhether to require the owner oroperator to be prepared to institute aparticular program, the Secretary willconsider the potential adverse effectson human health and the environmentthat might occ~r before finaladministrative action on a pelillitmodification application to incorporatesuch a program could be taken.
of amanage
to the
The owner or operatorwhic 11 is used towaste must submit
(c)facilityhazardousDepartment,
ahydrogeologic report, except asparagraph (d) of this section providesotherwise. This report must becertified by a "qualified engineer" or"qualified geologist" except for (c)(l)of this section which must be certifiedby a "qualified geologist". (SeeSection 260.10 for definitions of
§264.9l Required programs.
(a) Owners and operators subjectto t h i s subpart must conduct ,l
ground-water monitoring and responseprogram as follows:
(1) Whenever hazardousconstituents under §264.93 from ~
regulated unit are detected at thecompliance point under §264.95, theowner or operator must institute 3
compliance ~onitoring program under§26 f+.99;
(1) A definition of thegeology of the site and the surroundingareas. This shall include:
This report shallthe following:
Hqualifiedgeologist").at a raI n Lmum
. "e ng i ne e r ano '. ., . .-. .qua.l:..~~ec Section. 265.92 and any ather o a r ame t o r s
sDecified ';)y the Depa r t ne n t dependinf.;on the composition of the ~aste; ~
d e s c r i o t Lo n of th.e chem Lc a I cua l I t y ofnearby surface wa t e r may oe required ifdeemed necessary by the Depart~ent.
(
(ii) ~ Qotentiometric~urf2cc nap a nd cross-se'=.t ~O!1 of {~:1.C71
(2) A de s c r i p t f o n of thefroundw~ter movement in at least the'.vater table and uppermost confinedaquifers underlying the site and thesurround~ng are~ ~ncluding:
(i) A description of thevarious lithologic units includinggrain size distribution, shape andcolor to a depth which includes atl~ast the up~ermost confined aquiferunder~ying the site; and
(5) A prediction of thepo t e n t La L movement of any contaminantsthat may enter the groundwaterunderlying the site and the surroundingarea including the rate, extent anddirection, both horizontal and verticalmigration and the potential impact ongroundwater and if appli.cable onsurface wa t e r ,
(6) An estimate of the amountof leachate which may be generated atthe site. This shall be done by us l ngmethods described in the followingpublications: "Hyd r o Log Lc Simulationon Solid wa s c e Disposal Sites", U.S.Envi r o mnen t a I Protection Agency, Officeof ''';ater arid r..iaste :·!.:1r~.agement, 5w-868,September 1980; or tne "use of ther..Jater Ba.La nc e ~lethod for Predicting~eachate Generation From Solid wasteDisposal Sites", U.S. EnvironmentalPzo t ec t Lon Agency, f)ffice of Solid··..·;Jstc 'LJ.nagement 1:':-0.';r_1:11, S''';-168,Oc t o be r , 1.975; or a n ::.quiv21cnt me t h od
approved by the Department.
andand
various
isopachmaps
these
the rate andboth horizontally
(ii)
structure contourcross-sections showinglithostratigraphic units.
(1),<r;'ction of f Lov ,
~ "",C ·'.1'~r~:'c311y; and
difference(iii) -1 riap showing the
in hy d r auLl c .iea d be t ve e nt a b l,e and upp e rrco s t c onf i ne d
(7)exist~n~
.:'~;J~ic;J.ble,
::r oz ram u s e d
,-\ ciesc ri p t io n 0 f thegroundwater ~nd, ifsur f ac e wa c e r ~onitoring
t 0 de t e c tand de t e rmi ne
:uture;Jroposal( 0)
,'!r::-r "8r:ta~i!1ant o t g r a t i cn c.:._ t he site::l:1d t:-t~ s u r r ound i ng area.
uni:s
''':esc::-i;Jtion
:i~~ostr~tigraphic
(4) A description of thechemical quality of the groundwater ofthe water table and at least theupperwost confined ~quifer underlyin~
the site and surrounding area toi nc Lud e the parameters specified i:1
least t':e additionCllapplicablestations,
-nonitor:ng
the g r ou ndwa t c rof this s ec t Lo n
-no m, t o r i nga naLy s i s a nd
. , ,..l.nc-,-ucl.:1g
'",e LL s ,'1:1d
Allor pa r tCd)
:;ur~:lce wat e r~2ra::12ters for'3 c her:u Le e
'::0 n I t o r i ng~c~:~ t c r i ng
;nay 'Je waived if che ot...-r:er or oo e ra co rC3n deMons~r~te :hat there ~3 ~ lowpotential For migration of hazardous\,;aste or haz.a rdou s wa s t e c o n s t Lt ue n t sf~om the ~Gcility via ~he upper~0~t
~c~ifer to ~ater supoly ~ells (~o~esti~,
'':;J:Je rno s c:~e site
coefficient.
s u c h as, :J·..lt
c.onductivity,thickness~
ana the su r rounc i ng areanot Li rai ted to, hydraulicporosity, aquifertransmissivity, and storage
industrial or agricultural) or to surfacewater. This demonstration must be inwriting, and must be kept at the facilityat all times and also must be submittedto and approved by the Department. Thisdemonstration must be certified by a"c;ualified engineer" or "qualifiedgeologist" except in defining the geologyarid geologic materials in (d)(l)(ii) and(2)(i) which must be certified by a"c ua Lf.f Led geologist".
concentration limits under §264.94 in atleast the uppermost aquifer underlyingthe waste management area beyond thepoint of compliance under §264.95 duringthe compliance period under §264.96.The Secretary will establish thisground-water protection standard in thefacility permit when hazardousconstituents have entered the groundwater from a regulated unit.
§264.93 Hazardous constituents.This demonstration must establish the
following:
(ii) The proximity of thefacility to water supply wells or surfacewater.
(i) A water balance of?recipitation, evaptranspiration, runoff,and infiltration; and
(i) Saturated zonecharateristics (i.e. , geology andgeologic materials, physical properties,and rate of groundwater flow); and
physical andof the waste inincluding its
(i) Thechemical characteristicsthe regulated unit,potential for migration;
(1) Potential adverse effectson ground-water quality, considering:
(b) The Secretary will exclude anAppendix VIII constituent from the listof hazardous constituents specified inthe facility permit if he finds that theconstituent is not capable of posing asubstantial present or potential hazardto human health or the environment. Indeciding whether to grant an exemption,the Secretary will consider thefollowing:
(a) The Secretary will specify inthe facility permit the hazardousconstituents to which the ground-waterprotection standard of §264.92 applies.Hazardous constituents are constituentsidentified in Appendix VIII of Part 261of these regulations that have beendetected in ground water in at least theuppermost aquifer underlying a regulatedunit and that are reasonably expected tobe in or derived from waste contained ina regulated unit, unless the Secretaryhas excluded them under paragraph (b) ofthi s section.
protectionGround-water
(1) The potential for migrationor hazardous waste or hazardous wasteconstituents from the facility to theuppermost aquifer, by an evaluation of:
§264.92standard.
(2) The potential for hazardouswaste or hazardous waste constituentswhich enter the uppermost aquifer tomigrate to a water supply well or surfacewater, by an evaluation of:
(ii) Unsaturated zonecharacteristics (Le., geology andgeologic materials, physical properties,and depth to ground water); and
The owner or operator must complywith conditions specified in the facilitypermit that are designed to ensure thathazardous constituents under §264.93entering the ground water from aregulated unit do not exceed the
(ii)characteristics ofsurrounding land;
(iii)ground water andground-water flow;
Thethe
Thethe
hydrogeologicalfacility and
quantity ofdirection of
(iv) The proximity a ndwithdrawal ~ates of ground-w3ter users;
(v) The current andfuture uses of ground water in the area;
(vi) The existing qualityof ground water, including other sourcesof contamination and their cumulativei~pact on the ground-water quality;
(
The ?otential for
The persistence andthe potential adverse
(x)ofpermanence
effects.
§264.94 Concentration limits.
(ix) The potential damageto wildlife, crops, vegetation, andphysical structures caused by exposure towaste constituents; and
health risks caused by human exposure towaste constituents;
(c) In maxr ng any determinationunder paragraph (~) of this section aboutthe use of ground water in the areaaround t he facility, the Secretary willconsider any identification ofunderground sources of drinking water andexempted a cu i f e r s made under Part 122 ofthese regulations.
The potential forby human exposure to
The persistence andpotential adverse
(ix)of the
~~~te co~stituents;
( 'Iii)h0-~lth risks caused
permanenceeffects; and
(viii) The potentialdamage to wildlife, crops, vegetation,and physical structures caused byexposure to waste constituents;
(2) Potential adverse effectson hyd rau Lfc a Ll y'-c onnec t ed surface waterauality, considerip~:
(i) The volume and-~ysicql and chemical c~aracteristics of:~~ ~3ste ~~ the regulated unit;
is specified in the permit; or
theexceedconstituent in
ti::le that limit
notthatthe
( 1) ;.fUS t
background level ofthe gro!lnd wa t e r a t
~onstituent:
(a) The Secreta rf will specify inthe f ac I Li t y permit concentration limitsin the ground wa t e r for hazardousconstituents established under §264.93.The concentration of a hazardous
The hydrogeologicalthe facility a nd
(ii)
surrounding land;
(~,,~) !~e proximity 0: t~e
regulated unit to surface ~aters;
rainfall in the region:
(iii) The quantityground water, and
c;round -rw"a te r £ 10\';;
(2) For any of the constituentslisted in Table I, must not exceed ther e sp ec t t ve value given in that Table ifthe bac xg r o und level of the constituent~~ belo~ the value given in Table 1; or
(3) Must not exceed 8.U alternatelimit established by the Secrecary und e rpara~rap~ (b) of t~is sect~on.
andthe
'Jat.terriS7he
quali t y of
(vi) The current andfuture uses of surface waters in thearea and any water quality standardsestablished for those surface waters;
(vii) The existingquaLf t y of surface water, includingother sources of contaoination and thecu~ulative ~m?act on surface ~ater
'.""!Cllity :
(b) --:-~:e ;:;·ec:recar:-! ~,;"i.!.l establish a n2lternate ~c~centratio~ :~mlt for ~
haza rd ou s c ons t Lt ue nc if l1e :lnds ~:l i t
the constituent ~i:l not pose ~
substantial p re s e n t or potential ha za rito human hea Lt h or the environment :\<;
long as the alternate concentro.tion limitis not exceeded. In est3blishi~~
~lternate c0ncen:ration limits, :~c
Secreta~l ~i.l.!. r:~nsicer :he :ollorf;j.!",~
(1) Potential adverse effects onground-water quality, considering:
TABLE 1.-MAXIMUM CONCENTRATION OF CON
STITUENTS FOR GROUND-WATER PROTEC
TION
(a) The Secretary will specify inthe facility permit the point ofcompliance at which the groundwaterprotection standard of §264.92 appliesand at which monitoring must beconducted. The point of compliance isa vertical zone located dt thehydraulically dowr~radient limit of thewaste management area that extends downinto at least the uppermost aquiferunderlying the regulated units.
§264.95 Point of compliance.
(2) Potential adverse effects onhydraulically-connected surface-waterquality, considering:
(i) The volume and physical andchemical characteristics of the wastein the regulated unit;
(ii) The hydrogeologicalcharacteristics of the facility andsurrounding land;
(iii) The quantity and quality ofground water, and the direction ofground-water flow;
(iv) The patterns of rainfall inthe region;
(v) The proximity of theregulated unit to surface waters;
(vi) The current and future usesof surface waters in the area Rnd anywater quality standards establishedfor those surface waters;
(vii) The existing quality ofsurface water, including other sourcesof contamination and the cumulativeimpact on surface-water quality;
(viii) The potential for healthrisks caused by human exposure towaste constituents;
(ix) The potential damage towildLife, crops, vegetation, andphysical st rue tures caused by exposureto waste constituents; and
(x ) The persistence and permanenceof the potential adverse effects.
(c) In making any determinationunder paragraph (b) of this sectiona bout the use of ground water in tnearea around the facility the Secretarywill consider any identification ofunderground sources of drinking waterand exempted aquifers made under 122.35of these regulations.
0.0050.1
0.004
0.1
0.01
0.0002
0.051.00.010.05aas0.0020.010.05
and chemicalwaste in theits po t e nt La I
hydrogeologicalfacility and
I Maximumcoocentra v
lion I
the
physicalof theincluding
Theof
Constiluent
•Milligrams per Ular.
Arsenlc .•.••••.•.•...•....•........•......•.......•··••·......•..•..•.._.••••.earium .. .._ ..-.. __..-_.__.._-_.Cadmium .__.__.•....•••. .- _-_.......•__..- .
Cllromlum ·•····· •••··· .L d •..•••··•·····•· ..Mercury _ - ••.: ...•..Solenium....................•..•..•............- .•... _.....•...........SlIv ·•..·····• ·· .Endrln (1.2.3.4.10.I Cl-/laqchloro-I.7-epoocy
1.4.4a.5.6,7.8,9a-ocl&hydl'l>-l, wndo. ao<lo5.8-<1im8Ihanonaphlhal.""l .......·..····..........··....··
Und.08 (1,2,3.4.5.lI-hauchlorocyclollex_.g.mm._l ··..·· · ··..···..····
Molhoxyehlor (1.1.1-Trlchlor.,,2,2-bia <I~mothox-
yphetlylolh.ool · ··· · · ·..······· ... Toxaphene (C(-Hf-CiS. Technical ehlonnatW
camphene. 67~9 percenl chlonOOI '\2.4·0 (2,4·DIchlorophenoxyacetlc aeldl ..
2.:.;~~.~~.~..~~:~:.~.:.~ ..
(i) Thecharacteristicsregulated unit,for migration;
(if)characteristicssurrounding land;
(iii) The quantity of ground waterand the direction of ground-water flow;
(iv) The proximity and withdrawalrates of ground-water users;
(v) The current and future uses ofground water in the area;
(vi) The existing quality of groundwater, including other sources ofcontamination and their cumulativeimpact on the ground-water quality;
(vii) The potential for healthrisks caused by human exposure to wasteconstituents;
(viii) The potential damage towi IdliEe, crops, vegetation and physicalstructures caused by exposure to wasteconstJ.tuents;
(ix) The persistence and pennanenceof the potential adverse effects; and
§264.96 Compliance period.
The owner or operator must complywi th the followi ng requi r etne n t s for anyground-water monitoring programdeveloped to satisfy §264.98, 264.99,or 264.100;
(a) The ground-water monitoringsystem must consist of a sufficientnumber of wells, installed atappropriate locations and depths to
yteld ground-water samples from at
Lf r tha t :len.st the uppermost aquJ. e _d '
(b) The waste management area isthe limit projected in the horizontalp La ne of the a rea on which waste willbe placed during the active life of i3
regulated unit.(1) The waste management area
includes horizontal space taken up byany liner, dike, or other barrierdesigned to contajn waste in aregulated uni t .
(2) If the facility contains morethan one active regulated unit, thewaste management area is described byan imaginary line circumscribing theseveral regulated units.
(a) The Secretary will specify inthe facility permit the complianceperiod during which the ground-waterprotection standard of §264.92applies. The compliance period is thenumber of years equal to the activelife of the waste management area(including any waste managementactivity prior to permitting, and theclosure period.)
(b) The compliance period beginswhen the owner or operator initiates acompliance monitoring program meetingthe requirements of §264.99.
(c) If the owner or operator isengaged in a corrective action programat the end of the compliance periodspeci.fied in par-agraph (a) of thissection, the compliance period isextended until the owner or operatorcan demonstrate that the ground-waterprotectton standar-d of 264.92 has notbeen exceeded for a period of at leastthree consecutive years.
(1) Represent the quality ofbackg round water that has not beenaf I e f c t e d by Lea kag e from a r eg uLa t cdunit; and
(2) R.epresent the quality of groundr..a t e r passing the poi nt of c omp Lt anc e ,
(b) If a facility cont3ins morethan one regulated unI t , se pa r a t eground-water monitoring systems are notrequired for- each regulated unItprovided that pr-ovisions for sampllngthe ground water in at I e a s t theuppermost aquifer will enable detectionand measurement at the compliance pointof ha z a.rd ou s constituent s from theregulated units that have entered theground" water in at least the uppermostaquifer.
(c) All monitoring wells must becased in a manner that maintains theLn t eg r I t y of the monitoring-well borehole. T~is casing must be screened orperforated and packed with gravel orsand, where necessary, to enablecollec tion of ground-water sample s ,The annular- space (1. e, , the spacebetween the bore hole and well casing)above the sampling depth must be sealedto prevent contamination of samples andthe ground water-.
(d) The ground-water- monitoringprogram mus t include c ons Ls lentsampling and analysis procedures thatare designed to ensure monitoringresults that provide a re I Li b Leindication of ground-water qualitybelow the was te management area. At aminimum the program must [ncludeprocedures and techniques for:
(1) Sample collection;(2) Sample preservation and
shipment;(3) Analytical procedures, lower
detection limit of the parameter, andquality control procedure;
(4) Chain of custody control.(e) ~he ground-water monitoring
program must include samp Lf ng and
analytical methods that are appropriatefor ground-water sampling and thataccurately measure hazardousconstituents in ground-water samples,
ground-water§264.97 Generalmonitoring requirements.
(f) The ground-water monitoringprogram must include a determinationof the ground-water surface elevationprior to each time ground water issampled.
(g) Where appropriate, theground-water monitoring program mustestablish background ground-waterquality for each of the hazardousconsti tuents or monitoring parametersor constituents specified in thepermit.
(1) In the detection monitoringprogram under §264.98, backgroundground-water quality for a monitoringparameter or constituent must be basedon data from quarterly sampling ofwells upgradient from the wastemanagement area for one year.
(2) In the compliance monitoringprogram under §264.99, backgroundground-water quality for a hazardousconstituent must be based on data fromupgradient wells that:
(i) Is available before the permitis issued;
(ii) Accounts for measurementerrors in samplip~ and analysis; and
(iii) Accounts, to the extenr:feasible, for seasonal fluctuations inbackground ground-water quality ifsuch fluctuations are expected toaffect the concentration of thehazardous constituent.
(3) Background quality may bebased on sampling of wells that arenot upgradient from the wastemanagement area where:
(i) Hydrogeologic conditions donot allow the owner or operator todetermine what wells are upgradient; or
(ii) Sampling at other wells willprovide an indication of backgroundground-water quality that is asrepresentati ve or more representativethan that provided by the upgradientwells.
(4) In developing the data baseused to determine a background valuefor each parameter or constituent, theowner or operator must take a minimumof one sample from each well and aminimum of four samples from theentire system used to determinebackground ground-water quality, each
time the system is sampled.
(h) The owner or operator must usethe following statistical procedure indeterming whether background values orconcentration limits have beenexceeded:
(1) If, in a detection monitoringprogram, the level of a constituent atthe compliance point is to be comparedto the constituent f s background valueand that background value has a samplecoefficient of variation less than1. 00,
(i) The owner or operator musttake at least four portions from asample at each well at the compliancepoint and determine whether thedifference between the mean of theconstituent at each well (using allportions taken) and the backgroundvalue for the constituent issignificant at the 0.05 level usingthe Cochran's Approximation to theBehrens-Fisher Student f s t-test asdescribed in Appendix IV of thispart. 1£ the test indicates that thedifference is significant, the owneror operator must repeat the sameprocedure (with at least the samenumber of portions as used in thefirst test) with a fresh sample fromthe monitoring well. If this secondround of analyses indicates that thedifference is significant, the owneror operator must conclude that astatistically significant change hasoccurred; or
(ii) The owner or operator may usean equivalent statistical procedurefor determining whether astatistically significant change hasoccurred. The Secretary will specifysuch a procedure in the facilitypermit if he finds that t healternative procedure reasonablebalances the probability of falselyidentifying a non-contaminatingregulated unit and the probability offailing to identify a contaminatingregulated unit in a manner that iscomparable to that of the statisticalprocedure described in paragraph(h)(l)(i) of this section.
(2) In all other situations in adetection monitoring program and in acompliance monitori~~ program, theowner or operator must use astatistical procedure providingreasonable confidence that themigration of hazardous constituentsfrom a regulated unit into and throughthe aquifer ~ill be indicated. TheSecretary will specify a statisticalprocedure in the facility permit thathe finds:
(i) Is app rop r I a t e for thedistribution of the data used toestablish background values orconcentration limits; and
(ii) Provides a reasonable bal~nce
between the probability of falselyidentifying a non-contaminatingregulated unit and the probability offailing to identify a contaminatingregulated unit.
(
use athat
and
operator mustin developingto determine
owner or operator mustground-water monitoring
the compliance point asunder §264.95. Themonitoring system must§264.97(a)(2), (b), and
(3) The detectability of indicatorparameters, waste constituents, andreaction products in ground water; and
(4) The concentrations or valuesand coefficients of variation ofproposed monitoring parameters orconstituents' in the g r o und'rwa t e rhac kg round ,
(b) Theinstall asystem atspecifiedground-watercomply ':¥ith(c).
(c) The owner or operator mustestablish a background value for eachmonitoring parameter or constituentspecified in the permit pursuant toparagraph (a) of this section. Thepermi t will specify the backgroundvalues for each parameter or specifythe procedures to be used to calculatethe background values.
(1) The owner orcomply with §264.97(g)the data base usedbackground values.
(2) The owner or operator mustexpress background values in a formnecessary for the determination ofstatistically significant increasesunder §264.97(h).
(3) In taking samples used in thedeter:nination of background values,the oT~er or operator mustground-~ater monitoring systemcomplies wi t h §264.97(a)(l), (b),(c) •
(d) The owner or operator mustdeternine ground-water quality at eachmonitoring well at the compliancepoint at least semi-annually duringthe active life of a regulated unit(including the closure period) and thepost-closure care period. The owneror operator must express theg r ound-wa t e r quality a t eachmonitoring we Ll in a form necessaryfor the determination of s t a c Ls t Lc a Lj.ysignificant increases under §264. 97(h).
monitoring
r equLred tomonitoring
must, at afollowing
Detection§264.98prt:lgram.
An owner or operatorestablish a detectionprogram under this subpartminimum, discharge theresponsibilities:
(a) The owner or operator mustmonitor for indicator parameters(e.g., specific conductance, totalorganic carbon, total organic halogenchloride, iron, manganese, phenols,sodium, sulfate, pH, and thosespecified in Appendix III in Part:265), ':¥aste constituents, or reactionproducts that provide a reliableindication of the presence ofhazardous constituents in groundwater. The Secretary <Nill specify theparameters or constituents to bemonitored in the f ac Ll.Lt y permit,after considering the followingfactors:
(1) The types, quantities, andconcentrations of constituents inwastes managed at the regulated unit; .
(2) The mobility, stability, andpersistance of waste constituents ortheir reaction products in theunsaturated zone beneath the ':¥aste~anagement area;
the
the
operator mustin developingto determine
(e) Elevation of the ground watersurface at each monitoring well mus tbe determined each time a sample isobtained. The owner or operator mustdetermine the ground-water flow rateand direction in at least theuppermost aquifer at least annually.
(i) The owner or operator must useprocedures and methods for samplingand analysis that meet therequirements of §264.97(d) and (e).
(g) The owner or operator mustdetermine whether there is astatistically significant increaseover background values for anyparameter or constituent specified inthe permit pursuant to paragraph (a)of this section each time hedetermines ground-water quality at thecompliance point under paragraph (d)of this section.
(1) In determining whether astatistically significant increase hasoccurred, the owner or operator mustcompare the ground-water quality ateach monitoring well at the compliancepoint for each parameter orconstituent to the background valuefor that parameter or constituent,according to the statistical procedurespecified in the permit under§264.97(h).
(2) The owner or operator mustdetermine whether there has been astatistically significant increase ateach monitoring well at the compliancepoint wi thin a reasonable tfme periodafter completion of sampling. TheSecretary will specify that timeperiod in the facility permit, afterconsidering the complexity of the·statistical test and the availabilityof laboratory facilities to performthe analysis of ground-water samples.
(h) If the owner or operatordetermines, pursuant to paragraph (g)of this section, that there is astatistically significant increase forparameters or constituents specifiedpursuant to paragraph (a) of thissection at any monitoring well at thiscompliance point, he must:
(1) Notify' the Secretary of thisfinding in writing within seven days.The notification must indicate whatparameters or constituents have shownstatistically significant increases;
(2) Immediately sample the groundwater in all monitoring wells anddetermine the concentration of allconstituents identified in AppendixVIII of Part 261 of these regulationsthat are present in ground water;
(3) Establish a background valuefor each AppendiX VIII constituentsthat has been found at the compliancepoint under paragraph (h)(2) of thissection, as follows:
(i) The owner orcomply with §264.97(g)the data base usedbackground values;
(ii) The owner or operator mustexpress background values in a formnecessary for the determination ofstatistically significant increasesunder §264.97(h); and
(iii) In taking samples used inthe determination of backgroundvalues, the owner or operator must usea ground-water monitoring system thatcomplies with §264. 97(a)(1), (b), and(c);
(4) Within 90 days, submit to theSecretary an application for a permitmodification to establish a compliancemonitoring program meeting therequirements of §264.99. Theapplication must include the followinginformation:
(i) An identification of theconcentration of any Appendix VIIIconstituents found in the ground-waterat each monitoring well at thecompliance point;
(ii) Any proposed changes to theground-water monitoring system at thefacility necessary to meetrequirements of §264.99;
(iii) Any proposed changes to themonitoring frequency, sampling andanalysis procedures or methods, orstatistical procedures used at thefacility necessary to meetrequirements of §264.99;
p r o t ec tion s t and a rd under §264. 92. "I'i"":~
Secretary will s pec i.fy the ground~;J.cer
protection standard in the facilitypermit, including:
(1) A list of the hazardousconstituents identified under §264.93;
program.(k) The owne r or operator must
assure that monitoring and correctivedction measures necessary to achievecompliance ,vi th the ground-wat e rprotection standard under §264.92 aretaken during t he term of the p e rmt t ,
(
monitoring
required to:::oni to r I ng
~lJ.st, at ':"..f oLl.owf, n.~
increase athe intend s to
under this
units are int~e ~round-~ater
or operator mustwater to determine
Compliance
the groundregulated
"Hi. th
§264.99program.
An owner or operatorestablish a complianceprogram under this subpartminimum, discharge theresponsibilities:
(a) 1 ne ow-nermonitorwhe t ae rcompliance
statistically significantthe compliance point thatmake a demonstrationparagraph;
(2) Within 90 days, suomi t a reportto the Secretary which demonstratesthat a source other than a regulatedunit caused the increase, or that theincrease resulted from error insampling, analysis, or evaluation;
(3) 'hTithin 90 days, submit to theSecretary an app l Lcaz t on for a permitmodification to make any appropriatechanges to the detection monitoringprogram at the facility; and
(4) Continue to monitor inaccordance with the detectionmonitoring program established underthis section.
(j) If the owner or operatordetermines that the detection::'lonitoring program no longer satisfiesthe requirements of this secti.on, hemus t , within 90 days, submit anapplication for a pewit raod Lf Lca t Lonto make any appropriate changes to the
(iv) For eacn hazardous constituent:'J1.md at the c otnpLaance point, a:roposed concentration limit under~264.94(a)(l) or (2), or a notice at_~tent to seek a variance under-264.94(b); and
(5) Within 180 days, submi t to the~ ec re t a ry :
CL) All data necessary to iustifv,ny v3riance sought under §264:94(b);.md
(if) An engineering feasibility:~an for a corrective ~ction program-ec e s sa ry to raee t the requirements of-~64.100, unless:
(A) All hazardous constituents~dentified under paragraph (h)(2) of:~is sec tion are listed in Table 1 of-~64.94 and their concentrations do not~ce~d the respective values given in
<:a t Tab Le ; or(B) The owne r or operator has
'ought a variance under §264.94(b) for'very hazardous constituent identified~nder paragraph (h)(2) of this section.
(i) If the owner or operator'~ten:lines, pursuant to paragraph (g)
this section, that there is a:tatistically significant increase of~J.rameters or constituents specified-:-J.rsuant to paragraph (a) of thisc,:=ction at any monf t o r i ng 'Nell at the-:~mpliance ?oint, ~e may demonstrate:hat a source other than a regulated!_nit caused the increase or that thenc r ea se resulted from error in
:a=.pling, analysis, or evaluation.;\ile the owner or operator may make a'coonstration under this paragraph in<idi c Lo n to, 0!" in Lieu of, s ubm i t tingc ~~r.ni: mocil~ication aPDlication under-''1~agraph (h) ( 4) of thi~' sec t I on , he iscot ~elieved of the requirement to',:ubmit a pe rn.i t modification~Dplication '..;i thin the time specifie.d:n paragraph (h)(4) of this section-ml e s s the demonstration made under:his paragraph succ e s sf u l l.y shows tnat•.J. source other than a regulated unit~aused the increase or that the:'nc rease resulted from error insamp Li ng , analysis, or evaluation. In2~ki~~ a demonstration under this~ara~ragh, the o~er or operator must:
(1) ~otiiy the Secretary ~n ~ritir~
(ii) Provide a reasonable balancebetween the probability of falselyidentifying a significant differenceand the probability of failing toidentify a significant difference.
(3) The owner or operator must:(i) Comply with §264.97(g) in
developing the data base used todetermine background values;
(ii) Express background values in aform necessary for the determination ofstatistically significant increasesunder §264.97(h); and
(iii) Use a ground-water monitoringsystem that complies with§264.97(a)(1), (b), and (c).
(d) The owner or operator mustdetermine the concentration ofhazardous constituents in ground waterat each monitoring well at thecompliance point at least quarterlyduring the compliance period. Theground-water quality and waterelevation data shall be submitted tothe Department within thirty (30) daysof completing the sampling. The owneror operator must express theconcentration at each monitoring wellin a form necessary for thedetermination of statisticallysignificant increases under §264.97(h).
(e) The owner or operator mustdetermine the ground-water flow rateand direction in at least the uppermostaquifer at least annually.
(f) The owner or operator mustanalyze samples from all monitoringwells at the compliance point for allconstituents contained in Appendix VIIIof Part 261 of these regulations atleast annually to determine whetheradditional hazardous constituents arepresent in at least the uppermostaquifer. If t he ovne r or operatorfinds Appendix VIII constituents in theground water that are not identified inthe permit as hazardous constituents,the owner or operator must report theconcentrations of these additionalconstituents to the Secretary withinseven days after completion of theanalysis.
thefor
owner or operator museground-water monitoring
the compliance point asunder §264.95. Themonitoring system must§264.97(a)(2), (b), and
a
(2) Concentration limits under§264.94 for each of those hazardousconstituents;
(3) The compliance point under§264.95; and
(4) The compliance period under§264.96.
(b) Theinstallsystem atspecifiedground-watercomply with(c).
(c) Where a concentration limitestablished under paragraph (a) (2) ofthis section is based on backgroundground-water quality, the Secretarywill specify the concentration limitin the permit as follows:
(1) If there is a high temporalcorrelation between upgradient andcompliance point concentrations of thehazardous constituents, the owner oroperator may establish theconcentration limit through samplingat upgradient wells each time groundwater is sampled at the compliancepoint. The Secretary will specify th2procedures used for determining theconcentration limit in this manner inthe permit. In all other cases, theconcentration limit will be the meanof the pooled data on theconcentration of the hazardousconsti tuent.
(2) If a hazardous constituent isidentified on Table 1 under §264.94and the difference between therespective concentration limit inTable 1 and the background value ofthat constituent under §264.97(g) isnot statistically significant, theowner or operator must use thebackground value of the constituent asthe concentration limit. Indetermining whether this difference isstatistically significant, the owneror operator must use a statisticalprocedure providing reasonableconfidence that a real difference willbe indicated. The statisticalprocedure must:
(i) Be appropriatedistribution of the da t a used to
establish background values; and
(g) The owner or operator must useprocedures and methods for sampling andanalysis that meet the requirements of§264.97(d) and (e).
(h) The owner or operator mustdetermine whether there is astatistically significant increase overthe concentration limits for anyhazardous constituents specified in thepermit pursuant to paragraph (a) ofthis section each time he determinesthe concentration of hazardousconstituents in ground water at thecompliance point.
(1) In determining whether astatistically significant increase hasoccurred, the ow~er or operator mustcompare the ground-water quality ateach mon.I toring t.;ell at the compliancepoint for each hazardous constituent tothe concentration limit for thatconstituent accordir~ to thestatistical procedures specified in thepermit under §264.97(h).
(2) The owner or operator mustdetermine whether there has been astatistically significant increase ateach monitoring well at the compliancepoint, TNi thin a reasonable time periodafter completion of sampling. TheSecretary will specify that time periodin the facility ?ermit. afterconsidering the complexity of thestatistical test and the availabilityof laboratory facilities to perform the~nalysis of ground-water samoles.
(i) If the owne r or operatordetermines, pursuant :0 naragraph (h)of this section, that the ground-waterprotection standard is bei~~ exceededat any man! taring t..lell a t the point ofcompl~ance, he ~ust:
(1) ~otify the Secretary of thisfinding in ~riting within seven days.The notification must indicate whatconcentration limits have been exceeded.
(2) Submi': to t::e Secretary anapplication f or a permit modification toestablish a corrective ac~ion programmeeting t he requirements of §264.l00'nthin 180 days. or within 90 days if anengineerir~ feasibility study has beenpreviously submitted to the Secretary.rnd e r §264.98(h)(5). The application
must at a minimum include the f o LLowt nginformation:
(i) A detailed description of (corrective actions that will achievecompliance with the ground-waterprotec tion s t anda rd specified in thepermit under paragraph (a) of thissection; and
(ii) A plan for a ground-watermonitoring program that wil.l demonstratethe effectiveness of the correctiveaction. Such a ground-water monitoringprogram may be based on a compliancemonitoring program developed to meet therequirements of this section.
(j) If the owner or operatordetermines. pursuant to paragraph (h) ofthis section. that the ground~Nater
protection standard is being exceeded atany monitoring well at the point ofcompliance, he may demonstrate that asource other than a regulated unit causedthe increase or that the increaseresulted from error in sampling, analysisor evaluation. While the owner oroperator may make a demonstration. underthis paragraph in addition to, or in lieuof. submitting a pe rtaf t modificationapplication under paragraph (i)( 2) ofthis section, h.e is not relieved of therequirement to submit a permitmodificati.on application wi thin the timespecified in paragraph (i)(2) of thissection unless the demonstration madeunder this paragraph successfully showsthat a source other than a regulated unitcaused the i.ncrease or that the increasere suLt e d from error in sampling,analysis, or evaluation. In making d
demonstration under this paragraph, theo~~er or operator must:
(l) ~;otify the Secretary in wri tir.gwithin seven days that he intends to makea demonstration under this paragraph;
(2) \';i thin 90 days, submit a r e po r tto the Secret", ry which demonstrates thata source 0ther than a regulated unitcaused the st~ndard to ~e exceeded orthat the apparent noncompliance with thestandard resulted from error In sampli~,
analysis, or evaluation;
§264.l00 Corrective action program.
the hazardousunder §264.93;
limits underthose hazardous
(3) Within 90 days , submit to theSecretary an application for a permitmodification to make any appropriatechanges to the compliance monitoringprogram at the facility; and
(4) Continue to monitor in accordwi th the compliance monitoring programestablished under this section.
(k) If the owner or operatordetermines that the compliancemoni toring program no longer satisfiesthe requirements of this section t hemust t within 90 dayst submit anapplication for a permit modificationto make any appropriate changes to theprogram.
(1) The owner or operator mustassure that monitoring and correctiveaction measures necessary to achievecompliance with the ground-waterprotection standard under §264.92 aretaken during the term of the permit.
An owner or operator required toestablish a corrective action programunder this subpart must, at a minimum,discharge the followingresponsibilities:
(a) The owner or operator must takecorrective action to ensure thatr e gu La ted units are in compliance withthe ground-water protection standardunder §264.92. The Secretary willspecify the ground-water protectionstandard in the facility permit,including:
(1) A list ofconstituents identified
(2) Concentration§264.94 for each ofconstituents;
(3) The compliance point under§264.95; and
(4) The compliance period under§264.96.
(b) The owner or operator mustimplement a corrective action programthat prevents hazardous constituentsfrom exceeding their respectiveconcentration limits at the compliancepoint by removing the hazardous wasteconstituents or treating them inplace. The permit will specify thespecific measures that will be taken.
(c) The owner or operator mustbegin corrective action within areasonable time period after theground-water protection standard isexceeded. The Secretary will specifythat time period in the facilitypermit. 1£ a facility permit includesa corrective action program in additionto a compliance monitoring program t thepermit will specify when the correctiveaction will begin and such arequirement will operate in lieu of§264. 99(1)( 2) •
(d) In conjunction with a correctiveaction program, the owner or operatormust establish and implement aground-water monitoring program todemonstrate the effectiveness of thecorrective action program. Such amonitoring program may be based on therequirements for a compliance monitoringprogram under §264.99 and must be aseffective as that program in determiningcompliance with the ground-waterprotection standard under §264.92 and indetermining the success of a correctiveac tion program unde r paragraph (e) ofthis section, where appropriate.
(e) In addition to the otherrequirements of this section, the owneror operator must conduct a correctiveaction program to remove or treat inplace any hazardous consti tuents under§264.93 that exceed concentration limitsunder §264.94 in ground water betweenthe compliance point under §264.95 andthe downgradient facility propertyboundary. The permit will specify themeasures to be taken.
(1) Corrective action measures underthis paragraph must be initiated andcompleted within a reasonable period oftime considering the extent orcontamination.
§264.1l1 Closure performance standard.
(b) Sections §264.117-264.120 (whichconcern post-closure care) apply to theowners and operators of all hazardous~aste disposal facilities and piles, andsurface impoundments from which theowner or operator intends to remove thewaste at closure, to the extent thatthese sections are made applicable tosuch facilities in §§264.228 and 264.253.
Theo~.;ner or operator mus t close thefacility in a manner that:
(a) ~inimizes the need for furthermaintenance, and
(b) Controls, minimizes oreliminates, to the extent necessary toprevent threats to human health and theenvironment, post-closure escape ofhazardous waste, hazardous wasteconstituents. leachate. contaminatedrainfall, or waste decompositionproducts to the ground or surface watersor to the atmosphere.
(a) The owner or operator of ahazardous ~aste management facility musthave a written closure plan. The planmust be submitted ~..ith the permitapplication. in accordance with§122.25(a)(13) of these Regulations. theapproved by the Secretary as part of thepermit issuance proceeding under part124 of these Regulations. In accordance·",ith §122.32 of this Chapter, the~pproved c!osure plan ~ill hecomelcondit~on of any RC?~/State permit. TheSecreta~y's d~cision must ~lssure thatrhat ~oo~oved closure ~lan is consistent"'1.' ~...;..,.. -':: :;? t:, 4 i' 1 ? 6' 4 1 1 3 " 6 4 1';'.... J .:.. ,-;.' 0........' ...... ..L..i.., "- s ...... "'T ,
264.115, and the applicable recuf rement sof §§264.178, 26 4.197, 26£..228, 264.258,264.280, 264.310, and 264.351. A CODy
of t he ap o ro ved plan and all re vi s Lc nsto the plan ~ust be kept at the facilityuntil closure is comoleted and certifiedin accordance ''''ien ·§264.115. The planmust identify s t e p s ne c e s sa ry tocompletely or partially close thefacility a t any point during itsintended operating life ~nd tocompletely close the f2cility at the 8~C
(
amendment ofClosure plan;§264.112plan.
5264.110 Applicability.
Subpart G-Closure and Post-Closure
§264.l01-264.109 (~eserved)
E~cept as ~264.1 p~ovides ot~erwise:
(a) Sect:ions §264.l2.1-264.llS (whichconcern closure) apply to the owners ar.doperators of all hazardous waste~anagement facilities; and
(2) Cor r ec t Lve action measures underthis paragraph ~ay be terminated oncethe concentration of hazardousconstituents under §264.93 is reduced tolevels below their respectiveconcentration limits under §264.94.
(f) The owner or operator mustcontinue corrective action measuresduring the compliance period to theextent necessary to ensure that theground wa t e r protection standard is notexceeded. If the owner or operator isconducting corrective action at the end0: the c ompLfanc e period, he mustcontinue that corrective action for aslong as necessary to achieve compliancewith the ground-water protectionstandard. The owner or operator mayterminate corrective action measuresta~en oeyond the period equal to theactive life of the waste management area(including the closure period) if he cande~onstrate, based on data from theground-water monitoring program underparagraph (d ) of this section, that t heground-water protectio~ standard of§264.92 has not been exceeded for aperiod of three consecutive years.
(g) The owne r o r operator mustreport in writir'..g to the Secretary onthe effectiveness of the corrective.'3.Ction program. The owner or operatormust submit these reports semi-annually.
(h) TC t he owner or operatordetermines that the corrective actionp r og r ara no longer satisfies therequirements of this s e c t Lo n , he must,within 90 days, submit an applicationfor a permit modification to make 2.:1y
appropriate chan~es to the program.
plan must be_make within 60 days afterthe change in plans or design occurs.
[Comment: Changes in estimates ofmaximum inventory and of the estimatedyear of closure under §264.112(a) (2)and (4) may be made as minor permitmodifications under §122.42]
[Comment: The date when he "expects tobegin closure" should be within 30 daysafter the date on which he expects torecei ve the final volume of wastes. Ifthe facility's permit is terminated, orif the facility is otherwise ordered, byjudicial decree or compliance orderunder §6305 of 7.DelC. Chapter 63 tocease receiving wastes or to close, thenthe requirement of this paragraph doesnot apply. However, the owner oroperator must close the facility inaccordance with the deadlinesestablished in §264.113]
(a) Within 90 days after receivingthe final volume of hazardous wastes,the owner or operator :nusttreat, removefrom the site, or dispose of on-site,all hazardous wastes in accordance withthe approved closure plan. TheSecretary may approve a longer period ifthe owner or operator demonstrates that:
(1) (i) The activities required tocomply with this paragraph will, ofnecessity, take longer than 90 days tocomplete; or
(ii)(A) The facility has thecapacity to receive additional wastes;
(B) There is a reasonable likelihoodthat a person other than the owner oroperator will recommence operation ofthe site; and
(C) Closure of the fad 11 ty would beincompatible with continued operation ofthe site; and
time allowed for
or operator mustat least 180 days
expects to begin
Closure;§264.1l3closure.
(c) The ownernotify the Secretaryprior to the date heclosure.
of its intended operatir~ life. Theclosure plan must include, at least:
(1) ,A description of how and whenthe facility will be partially closed,if applicable, and finally closed. Thedescription must identify the maximumextent of the operation which will beunclosed during the life of thefacility, and how the requirements of§§264.111, 264.113, 264.114, 264.115,and the applicable closure requirementsof §§264.178, 264.197,264.228,264.258,264.280, 264.310, and 264.351 will bemet;
(2) An estimate of the maximuminventory of wastes in storage and intreatment at any time during the life ofthe facility. (Any change in thisestimate is a minor modification uncle r§122 .42);
(3) A description of the stepsneeded to decontaminate facilityequipment during closure; and
(4) An estimate of the expected yearof closure and a schedule for finalclosure. The schedule must include, ata minimum, the total time required toclose the facility and the time requiredfor intervening closure activities wuf.chwill allow tracking of the progress ofclosure. (For example, in the case of alandfill, estimates of the time requiredto treat and dispose of all the wasteinventory and of the time required toplace a final cover must be included.)
(b) The owner or operator may amendhis closure plan at any time during theactive life of the facility. (Theactive life of the facility is thatperiod durir~ which wastes areperiodically received.) The owner oroperator must amend the plan wheneverchanges in operating plans or facilitydesign affect the closure plan, orwhenever there is a change in theexpected year of closure. When theow~er or operator requests a permitmodification to authorize a change inope r a t Lng plans or facility design, hemust request a modification of theclosure plan at the same time (see§124.5(a». If a permit modification isnot needed to authorize the change inoperating plans or facility design, therequest for modification of the closure
§264.1l6 [Reserved]
when:(1) r";a.stes :"1(!Y r emaf n exposed a f t e r
(ii) ~~intenance and monitoring ofwaste containment systems in accordancewith the require[llents of Parts F, K, L,
(care mustthe date ofconsist of
Post-closure care and use ofproperty.§264.117
;;"1 rt .') r all of t hea.fter th~ date oE
~, & ~ of this part.(2) (1) During t he l80-day period
?receding closure (see §264.ll2(c) orat any time thereafter, the Secretarymay reduce the post-closure care periodto less than 30 years if he finds thatthe reduced period is sufficient to?rotect human health and the environment(e. g. , leachate or ground....a t e rmonitoring results, characteristics ofthe waste, application of advancedtechnology, or alternative disposal,treatment, or re-use techniques indicatethat the ~acility is secure).
(ii) ?rior to the time that thepost-closure care period ; s due toexpire, the Secreta~l may extend thepost-closure c~re period :£ ~e rlndsthat the extended period is "ecessary to~rotect ~uman ~ealth and the environment(e.g., :e.'lch-:lte or g r cundwa t e rno nt t or t ng results indicate :1 p o t e n t LaI~or ::lig::-ation of ·.vas t e .'It Leve l s ·...h i c hmay 'Je ha rrnf uL to 'uiman hea L t h arid the.e nvLro nme n t ) •
(J) The Secretary' cay require, ~t
~losure, continuation of any of thes ec u r i t y r e qu Lrerae n z s or §26L~.,14 during
post-closure periodcomDleting closu::-e
(a) (1) Post-closurecontinue for 30 years aftercompleting closure and mustat least the following:
(i) Monitoring and reporting inaccordance with the requirements ofSubpart F, K, L, ~, & N of this part;and
~264.1l5 Certifi~ation of closure.
(2) He has taken and will continueto take all steps to prevent threats tohuman health and the environment.
(b) The owner or operator mustcomplete closure activities inaccordance ',.;ith the approved closureplan and within 130 days after receivingthe final volume of wastes. TheSecretary may approve a longer closureperiod if the owner or operatordemonstrates that:
(1)(i) The closure activities will,of necessity, take longer than 180 daysto complete; or
(ii)(A) The facility has thecapacity to receive additional wastes;
(3) There is reasonable likelihoodthat .::l. person other than the owne r oroperator will recommence operation oft~e site; and
(C) Closure of the facility would heinco~patible with continued operation ofthe site; and
(2) He has taken and will continueto take all steps to prevent threats to~uman health and the enviro~~ent fro~
the unclosed but inactive facility.
~264.l14 Disposal or decontamination'J~ equip~ent.
When closure is conpleted, a1:facility equip~e~c and structures Dusthave been properly disposed of, ordecontaminated by removing all hazardous~aste and residues.
[Comment: Any extension of the 90 or180 dey period in this Section may bemade as a minor modification under§122.42. Under paragraphs (a)(l)(ii)&b(l)(in
of this Section, if operation of the site1-s re c oramenced , the Secretary may defercompletion of closure activities untilthe new operation is terminated.]
When c:osure is completed, the 01YQeror operator must submit to the Secretarycertification both by the owner oroperator and by an independentregistered professional e~~ineer thatthe facility has been closed in3ccorda~ce with ~he s~eci£ications in~he ~P?ro~ed clo~ure plan.
conpletion or closure;(2) Access by the
livestock may posehealth.
orpublic or domestica hazard to human
(c) Post-closure use of property onor in which hazardous wastes remainafter closure must never be allowed todisturb the integrity of the finalcover, liner(s), or any other componentsof any containment system, or thefunction of the facility's monitoringsystems, unless the Secretary finds thatthe disturbance:
(1) Is necessary to the proposed useof the property, and will not increasethe potential hazard to human health orthe environment; or
(2) Is necessary to reduce a threatto human health or the environment.
(d) All post-closure care. activitiesmust be in accordance with theprovisions of the approved post-closureplan as specified in §264.ll8.
(a) The owner or operator of adisposal facility must have a writtenpost-closure plan. In addition, certainpiles and certain surface impoundmentsfrom which the owner or operator intendsto remove the wastes at closure arerequired by §§264.228 and 264.258 tohave post-closure plans. The plan mustbe submitted with the permitapplication, in accordance with§122.25(a)(13) of these Regulations andapproved by the Secretary as part of thepermit issuance proceedir~ under Part124 of these Regulations. In accordancer••ith §122.32(b) of these Regulations, theapproved post-closure plan will become acondition of any permit issued. A copyof the approved plan and all revisionsto the plan must be kept at the facilityuntil the post-closure care periodbegins. This plan must identify theactivities which will be carried onafter closure and the frequency of theseactivities, and include at least:
(1) A description of the plannedground-water monitoring activities andfrequencies at which they will beperformed to comply with Subparts F, K,L, M, & N of this part during thepost-closure period;
Within 90 days after closure iscompleted, the owner or operator of adisposal facility must submit to thelocal zoning authority or the authoritywith jurisdiction over local land useand to the Secretary a survey platindicating the location and dimensionsof landfill cells or other disposalareas with respect to permanentlysurveyed benchmarks. This plat must beprepared and certified by a professionalland surveyor. This plat filed with thelocal zoning authority or the
landlocal
of the pLannedand frequencies
performed, to
toNotice§264.119authority.
(2) A descriptionmaintenance activities,at which they will beensure:
(i) The integrity of the cap andfinal cover or other containment systemsin accordance with the requirements ofSubparts K, L, M, & N of this part; and
(ii) The function of the facilitymonitoring equipment in accordance withthe requirements of Subparts K, L, M, &N of this part; and
(3) The name, address, and phonenumber of the person or office tocontact about the disposal facili tyduring the post-closure period. Thisperson or office must keep an updatedpost-closure plan during thepost-closure period.
(b) The owner or operator may amendhis post-closure plan at any time duringthe active life of the disposal facilityor during the post-closure care. period.The owner or operator must amend hisplan whenever changes in operating plansor facility design, or events whichoccur during the post-closure period,affect his post-closure plan. He mustalso amend his plan whenever there is achange in the expected year of closure.
(c) When a permit modification isrequested during the active life of thefacility to authorize a change inoperating plans or facility design,modification of the post-closure planmust be requested at the same time (see§124.5(a». In all other cases, therequest for modification of thepost-closure plan must be made within 60days after the change in operating plansor facility design or the events whichaffect his post-closure plan occur.
Post-closure plan; amendment§264.118of plan.
(
the Federalfrom the
Subpart a-Financial Requirements
~264.141 Definitions of te~s as used:2.n this subpart.
and all corrt cmi na t ed underlying andsur r ound Lnz 20i1, he may r emove thenotation on che deed to the facilityproperty or o~her instrument no~ally
examined during title search, or he mayadd a notation to the deed or instrumentindicating the removal of the waste.
Ca) "Closure ~lan means the planfor c Lo s uze ~re!,areci in accordance witht~e require~encs or §264~1:2~
(0) uCurren~ closure cost e s t Lmace "means the most recent of the estimatesprepared in accordance with §264.142(a), (b), and (c).
(c) "Current post-closure costestimate" means the no s t recent of theestimates prepared in accordance wit~
§264.144(a), (b), ~nd (c).
§264.140 Applicability •
[Comment: On removing the waste andwaste residues, the liner, if any, andthe contaminated soil, the ot..ner oroperator, unless he can demonstrate inaccordance ~ith §26l.3(d) of theseRegulations that any solid waste removedis not a hazardous waste, becomes J.
generator of hazardous waste and mustmanage it in accordance with allapplicable requirement of Parts 262-265or these Regulations. 1
(a) The requirements of §§264.142,264.143, and 264.147-151 apply to o~ners
and o~erators of all hazardous wastefacilities, except as provided otherwisein this sec:ion or in 526 4 . 1 .
(~) The requirements of §§264.144and 264.1~5 apply only to owners andoperators of disDosal facilities andpiles and surface impoundments fromwhich the owner o : operator intends toremove the wastes a t closure, to theextent that these sections are madeapplicable to such facilities in§§264.228 and 264.258.
(c) States andgovernment are exemptJ:'equirements of this subpart.
§264.120 Notice in deed to property.
(a) The owner of the property on~hich a disposal facility is located~t.:st r~cord, i~ accordance ~ith State13W, a notation on the deed to thef aci Lf t.y p r ope r ty-r-o r on some otherinstrument whic~ is normally examined<.luring title sea r c h-r-t ha t will 1:1.~erpetu1ty notify any potential?urch~ser of the property that:
(l) The land has ,een used to manage~azardous wastes;
(2) Its use is r e s t r i c t ed under
§264.117(c); and(3) The survey plat and record of
the type, location, and quantity of~azardous wastes disposed of within eachcell or ~rea of the facility required in?265.E9 have been filed with the localzoning authority or the authority '.dth;urisdiction oVer local land use and;ith the Secretary of D~~EC.
(b) If at any tioe the owner oroperator or any subsequent owner of theland upon which a hazardous waste~acility ~as located removes the waste-:710 ',:a.ste r e s Ldue s , the liner, if any,
aut ho r i t y ·,.;ith jurisdiction over locallaud use must c on t a i.n a note,prominently displayed, which states theowner's or operator's obligation torestrict disturbance of the site asspecified in §264.117(c). In addition,t~e owner or operator must submit to thelocal zoning authori ty or the authori t ywith jurisdiction over local land useand to the Secretary a record of thetype, location, and quanti ty ofhazardous wastes disposed of within eachcell or area of the facility. Forwastes disposed of before thesere\Sulaticns ·..ere promulgated, the owneror operator must identify the type,Loc a t i.on and quantity of the wastes tothe best of his knowledge and innc c ordanc e •..i t h any records he has:·'.CDt. ;\ny changes in the type,l0catio~, or quantity of hazardous·";<1stes ~isposed or wi thin each cell ora re a 0: the facility that occur aftert he survey plat and record of wasteshave been filed must be reported to theLoc a L zoning authority or the authoritywith jurisdiction over local land useand to the Secretary.
(a) The owner or operator must havea written extimate, in current dollars,of the cost of closing the facility inaccordance with the requirements in§§264.111-264.11S and applicable closurerequirements in §§264.178, 264.197,264.228, 264.258, 264.280, 264.310, and264.351. The closurecost estimate must equal the cost of
§264.142 Cost estimate for closure.
"Tangible net worth" means thetangible assets that remain afterdeducting liabilities; such assets wouldnot include intangibles such as goodwilland rights to patents or royalties.
(g) In the liability insurancerequirements the terms "bodily injury"and "property damage" shall have themeanings given these terms by applicableState law. However, these terms do notinclude those liabilities which,consistent with standard industrypractices, are excluded from coverage inliability policies for bodily injury andproperty damage. The Department intendsthe meanings of other terms used in theliability insurance requirements to beconsistent with their common meaningswithin the insurance industry. Thedefinitions given below of several ofthe terms are intended to assist in theunderstanding of these regulations andare not intended to limit their meaningsin a way that conflicts with generalinsurance industry usage.
"Accidental occurrence means anaccident, including continuous orrepeated exposure to conditions, whichresults in bodily injury or propertydamage neither expected nor intendedfrom the standpoint of the insured.
"Legal defense c05ts" means anyexpenses that an insurer incurs indefending against claims of thirdparties brought under the terms andconditions of an insurance policy.
"Nonsudden accidental occurrencemeans an occurrence which takes placeover time and involves continuous orrepeated exposure.
"Sudden accidental occurrence meansan occurrence which is not continuous orrepeated in nature.
inof
the
arisingtransfer
to otherresult of
plan" meanscare preparedrequirements
means cash or othercommonly identifiedreasonably expectedcash or sold or
normal operating
(d) "Parent corporation" means acorporation which directly owns at least50 percent of the voting stock of thecorporation which is the facility owneror operator; the latter corporation isdeemed a "subsidiary" of the parentcorporation.
(e) "Post-closureplan for post-closureaccordance wi th the§§264.117-264.120.
(f) The following terms are used inthe specifications for the financialtests for closure, post-closure care,and liability coverage. The definitionsare intended to assist in theunderstanding of these regulations anda r e not intended to limit the meaningsof terms in a way that conflicts withgenerally accepted accounting practices.
"Assets" means all existing and allprobable future economic benefitsobtained or controlled by a particularentity.
"Current assetsassets or resourcesas those which areto be realized inconsumed during thecycle of the business.
"Current liabilities" meansobligations whose liquidation isreasonably expected to require the useof existing resources properlyc13ssifi3ble as current assets or thecreation of other current liabilities.
"Independently audited" refers to anaudit rerfor.ned by an independentcertified public accountant inaccordance with generally acceptedauditing standards.
"Liabilities" means probable fucuresacrifices of economic benefitsfrom present obligations toassets or provide servicesenti ties in the future as apast transactions or events.
"Net working capital" means currentassets minus current liabilities.
"Net worth" means total assets minustotal liabilities and is equivalent toowner's equity.
~djusted c~asure cos: ~st~~3te.
(
or operator may satisfy the requirements(a) ClosClre trust fund. (1) An owner
of this section by establishing aclosure trust fund which conforms to therequirements of this paragraph andsubnf c t i ng an originally signedduplicate of the trust agreement to theSec re t a ry , An owner or operator of anew facility must submit the originallysigned duplicate of the trust agreementto the Sec;:-etarj at least 60 days heforethe date on which hazardous waste isfirst received for treatment, storage,or disposal. The trustee must be anentity which has the authority to act asa trustee and whose trust operations areregulated and examined hy a Federal orState agency.
(2) The wording of the trustag re eme n t must: be identical to the·.,ording specified in §264.1Sl(a)(l), andthe t ru s t agreement must be accompanied::'y a formal certification of~cknowledgernent (for example, seei264.1Sl(a)(2)). Schedule A of the:~~..:.st 3greement must be updated wi thiniO d.'1Ys after a change in the amount ofthe current closure cost estimate=o~ered ~y the agreement.
(3) ?~y~ents into the trust fund<us t Je made a nnua Ll y by t:he ovne r or(j~e!"at(Jr avec t he tern of the initial::',C?,-,~/State p e rrni t or over the remainingo oe ra t Lng life or the facility asesti~ated in the closure plan, whichevero e r iod is shorter; this p e r i o d is~ere1£ter referred ~o as the pay-in-:·.~=:'od." _;"te payrie nt s into the closure~r~st Eu~d ~ust be made as :ollows:
..:') ?or ". new facility, the first:',''':::en: cus t be raad e before the tn.i t LaI-:.-=~'=.:.)': ,)f. hazardous waste for
~ust
':'Jtes':
:"lust
operat:o=
dS
es t: i:"1jlte
cost 2S::::1-3.t:(;the closure'l2~
of c Losu r e . - ~cinc ha nzea
(2) Subsequent ad jus t men t s ;1:-'"by multiplying the :~t~st
closure cost estimate ')y the
inflation factor.(c) The owner o r
r~vise the closure
closure a t :l""le point in t:he f ac i Li t y t soperating life l;tlne!l the extent andmanner of its operation would makeclosure the most expensive, as indicatedby its closure plan. (See §264.112(a)).
(b) The owner or operator mustadjust the closure cost estimate forinflation within 30 days after eachqnnivers~ry of the date on which the[i r s t closure cost estimate wasprepared. The adjustment must be madeas specified in paragraphs (b)(l) and(b)(2) of this section, using aninflation ractor derived from the annualinplicit Price Deflator for GrossNational Product as published by theU. S. Depa r t men t of Cornme rc e in itsSurvey of Current Business. Theinflation f ac t o r is the result ofdividing the latest published annualT)",flat0::" by '~~e Deflator f o r the?-CCViOllS year.
(.0 T:-:e r:!:"s: ad jus tment is made byr:u.2.tinlyin.g t~J~ closure cost: e s t Lma ce bythe Lnf La t t o n .:':"c:to=. ""1e r e su l t :'s the
(d) ~:~e ovne r or ~l~erat~r ,":'''':S: .-~.~~:)
the :ollowing a ; .:=he f'!ci.~':'::: r::.::,,:';--:: :;-_.~.
:'2::es~ :1_='5'..1re ;";:J'3~ e:.;::~a:-:: -:'~.~?ar-=':
acc07~ance ~;ith ~26~.L:: ~;
:'ncreases t he costrev\s~d closure costad ~usted for : nf La t i cn,.~ :~ 6~ • 1!L2( J) ~
......henever
':~~:::i?t from the trustee f o r this:~;ly:::e!1: -::cs!: oe submitted 0Y the ovne r0L SDereto!." to the Secretary before this>i:::ial :::eceipt of hazardous wa s t e , 7he·~~:~:-s~ payne n t must ~e at Le a s t equal to~~e cur~ent closure cost estimate,except ~s provided in §264.143(g),
0.i viced. by the number of years t n thepay-in period. Subsequent payrie n c s mustb~ ~ade ~o 'rtter than 30 days after eachann.i ve r s a rv d a t e of the first payme nt .
t ~i. s
~. -.=. ze s t
~26iL'4 143 Fi.n,anc~al assurance forc:osurt;~
An o~~er or operator of eacb.:acility ~ust esta~lish =inancid2.a s su r a nc e for closure of the f ac I Lf t y .~le must choose from the op t I ons ::isslJecified in paragraphs (a) t h roug h (f)
of thi:, section.
·.::-c.,:::.:-::ent, .5to rage, or di sp o saL.
The amount of each subsequent paymentmust be determined by this formula:
CE-CVNext payme n t>
y
where CE is the current closure costestimate, CV is the current value of thetrust fund, and Y is the number of yearsremaining in the pay-in period.
(ii) If an owner or operatorestablishes a trust fund as specified in§265.l43(a) of these regulations, andthe value of that trust fund is lessthan the current closure cost estimatewhen a permit is awarded for thefacility, the amount of the currentclosure cost estimate still to be paidinto the trust fund must be paid in overthe pay-in period as defined inparagraph (a)(3) of this section.Payments must continue to be made nolater than 30 days after eachanniversary date of the first paymentmade pursuant to Part 265 of theseregulations. The amount of each paymentmust be determined by this formula:
CE-CVNext payment=
Y
where CE is the current closure costestimate, CV is the current value of thetrust fund, and Y is the number of yearsremaining in the pay-in period.
(4) The owner or operator mayaccelerate payments into the trust fundor he may deposit the full amount of thecurrent closure cost estimate at thetime the fund is established. However,he must maintain the value of the fundat no less than the value that the fundwould have if annual payments ,.;ere madeas specified in paragraph (a)(3) of thissection.
(5) If the owner or operator'establishes a closure trust fund afterhaving used one or more alternatemechanisms specified in this section orin §265.l43 of these regulations, hisfirst payment must be in at least theamount that the fund would contain if
the trust fund were establishedinitially and annual payments madeaccording to specifications of thisparagraph and §265.143(a) of theseregulations, as applicable.
(6) After the pay-in period iscompleted, whenever the current closurecost estimate changes, the owner oroperator must compare the new estimatewith the trustee's most recent annualvaluation of the trust fund. If thevalue of the fund is less than theamount of the new estimate, the owner oroperator, within 60 days after thechange in the cost estimate, must eitherdeposit an amount into the fund so thatits value after this deposit at leastequals the amount of the current closurecost estimate, or obtain other financialassurance as specified in this sectionto cover the difference.
(7) If the value of the trust fundis greater than the total amount of thecurrent closure cost estimate, the owneror operator may submit a written requestto the Secretary for release of theamount in excess of the current closurecost estimate.
(8) If an owner or operatorsubstitutes other financial assurance asspecified in this section for all orpart of the trust fund, he may submi t awritten request to the Secretary forrelease of the amount in excess of thecurrent closure cost estimate covered bythe trust fund.
(9) Within 60 days after receiving arequest from the owner or operator forrelease of funds as specified inparagraphs (a) (7) or (8) of thissection, the Secretary will instruct thetrustee to release to the owner oroperator such funds as the Secretaryspecifies in writing.
(10) After beginning final closure,an O\VTIer or operator or any other personauthorized to perform closure mayrequest reimbursement for closureexpenditures by submitting itemizedbills to the Secretary. Within 60 daysafter receiving bills for closureactivities, the Secretary will determinewhether the closure expenditures are inaccordance with the closure plan orotherwise just:ified, and if so, .he willinstruct the trustee to oake
."),,:" Ji=',~lr.:l:8:' ;.:1'l s a t t s t y the re qu i r eme n t sor t n i s sc c t Lo n :'"./ obtaining a suretybond wh l c h c onf o rc s ':0 :i:e r e qu Lre ment sof this p a rag r ap n and submitting t aebond co the Secretary. An owne r ':H"
operator of a new facility raus t ~~Dr.lic
t he bond to the Secretary <It least 60days be f o re t he date on wh Lc h hazardous~,."aste . ~ ;i.rst received for r r e a t ce n t ,
c t o r age , or disposal. The bond nu s t ~o
af f ec t t ve 'Jefore this initial r e c e i o t o~
naz a rdous ',;aste. The surety corapa ny
(2) The worii!"'~ 0: "'kO su re t y t::ondmus t ~e iden:ic.al :0 ~:-:e :,:ordi_~g
specified in §2S~.:Sl(J).
~ 3) ':'he owner or o oe r a t o r -",ho uses ;.;surety bond to satisfy t he re qu t reme nt sof this section nus t also establish ascandby t rus t f und , Under t:-:e te!'::lS of~~e bond, ,~ll paytaen t s :!£lce t he r eunde r~'l:tll be d.eposited by t:7-te sure t y d Lre c t Lyinto the standby tr'J.st f'J.nd :naccordance 7ith instructions from theSecretary. This standby trust fund :lust~eet the reQuirements specified in~"~4 1~1() ~capt ~~~t·j':"O • ..,...;,a ) e...... _ \",1 .. _ ..
(i) An originally signed duplicatea~ t~e trust 3gre~ment ~ust be sub~itted
~o ~h~ Secretary :Ji t~ :~e su r e t y ""}ond;
~'"'C
rei~bursement in such ~mounts as theSecretary specifies in writing. If t heSecretary has reason to believe that thecost of closure will Je significantlygreater than the value of the trustfund, he may withhold reimbursement ofsuch amounts as he deems p rudenr untilhe determines, in accordance with§7.64 .143( 1), tha t the owne r or operatoris no longer required to maintainfinancial assurance for closure.
(11) The Sec~etary will agree tot e rrn i na t Lo n of t he trust whe n :
(1) .\n owner or operator substitutesalternate financial assurance ~s
specified in this section; or(ii) '!'he Secretary releases the
owne r or operator from the requirements0: this section in accordance ;.;ith
(
as
fund inof the
final
the bond mustequal to the
sum ofat least
·)Q1"'.d.
(6) The penal:::e in an amount
(ii) Until the standby trust fund isfunded pursuant to the requirements ofthis section, the f oLl.owi ng are notrequired by these regulations:
(A) Payments into the trust fund asspecified in §264.l43(a);
(3) Updating of Schedule A of thetrust ag r e erae n t (see §264.15l(a» toshow current closure cost estimates;
(C) Annual valuations as required bythe trust agreement; and
(D) Notices of nc np ayme n t
required by the trust agreement.(L) The bond must guarantee that the
owner or operator ;.;ill:(1) Fund the standby trust
t n amount equal to the penal sumbo nd before the beginning of~~osure of the facility; or
(1i) Fund the standby trust fund ini n nrno un t equal to the penal sum within':'S ~:.1ys a f t e r an order to begin closure·.S issued by the Secretary or a U.S .district court or other court of~0mpetent jurisdiction; or
(iii) Provide alternate financial.rs su r a nc e as specified in this section,,nd obtain the Secretary's writtena o n r o va I of the assurance provided,~it~in 90 ~3YS after receipt by both the0~ner or operator and the Secretary of ,q
'cot ice of c.rnc eLla tt o n of the bond from
C.5) :.'nd2r the tens of the bond, thesurety ~ill become liable on the bondobligation whe n the owner or operator~~ils to perform as guaranteed by the
~~e surety.
~urrent closure cost estimate, except as?rovided in §264.143(g).
(7) Whenever the current closurecost estimate increases to an amountg r ca t e r then the penal sum, the owne r orop e r a t o r , within 60 days after thei~crease. must either cause the penalsum ~o ~e increased to an amount atleast equal to the current: closure cos t~stimate and submit evidence of suchlnc~ease to the Secretary, or obtainother financial as su ranc e as specifiedin this section to cover the increase.Whenever the current closure costestimate ~ecreases, the penal sum may he
r~duced to t~e amount of ~he
the
=1 t ':1 ~i n Lriun , ben s zc c ep t a b Le
bond :;ual:'.:tnteeing p.iyme ntcrust ~u:-:d. (1) An owner
c. S.t r:e
~·:54e 143( i.).\~~::~ Sure t y
::~0 ;'1 '~~'JS~lrc
~~.s5uing ~he bond rnus t ,
C1TOr:.g t::ose l':'3~ed
duplicatemust bewith the
current closure cost estimate followingwritten approval by the Secretary.
(8) Under the terms of the bond,the surety may cancel the bond bysending notice of cancellation bycertified mail to the owner or operatorand to the Secretary. Cancellation maynot occur, however, during the 120 daysbeginning on the date of receipt of thenotice of cancellation by both theowner or operator and the Secretary, asevidence by the return receipts.
(9) The owner or operator maycancel the bond if the Secretary hasgiven prior written consent based onhis receipt of evidence of alternatefinancial assurance as specified inthis section.
(c) Surety bond guaranteeingperformance of closure. (1) An owner oroperator may satisfy the requirementsof this section by obtaining a suretybond which conforms to the requirementsof this paragraph and submitting thebond to the Secretary. An owner oroperator of a new facility must submi tthe bond to the Secretary at least 60days before the date on which hazardouswaste is first received for treatment ,storage, or disposal. The bond must beeffective before this initial receiptof hazardous waste. The surety companyissuing the bond must, at a minimum, beamong those listed as acceptablesureties on Federal bonds in Circular570 of the U.S. Department of theTreasury.
(2) The wording of the surety bondmust be identical to the wordingspecified in §264.15l(c).
(3) The owner or operator who usesa surety bond to satisfy therequirements of this section must alsoestablish a standby trust fund. Underthe terms of the bond, all paymentsmade thereunder will be deposited ~y
the surety directly into the standbytrust fund in accordance withinstructions from the Secretary. Thisstandby trust must meet therequirements specified in §264.143(a),except that:
(1) An originally signedof the trust agreementsubmitted to the Secretarysurety bond; and
(ii) Unless the standby trust fundis funded pursuant to the requirementsof this section, the following are notrequired by these regulations:
(A) Payments into the trust fundas specified in §264.143(a);
(B) Updating of Schedule A of thetrust agreement (see §264.151(a)) toshow current closure cost estimates;
(C) Annual valuations as requiredby the trust agreement; and
(D) Notices of nonpayment asrequired by the trust agreement.
(4) The bond must guarantee thatthe owner or operator will:
(i) Perform final closure inaccordance with the closure plan andother requirements of the permit forthe facility whenever required to doso; or
(ii) Provide alternate financialassurance as specified in thissection, and obtain the Secretary'swritten approval of the assuranceprovided, within 90 days after receiptby both the owner or operator and theSecretary of a notice of cancellation
.of the bond from the surety.(5) Under the terms of the bond,
the surety will become liable on thebond obligation when the o~~er oroperator fails to perform asguaranteed by the bond. Following adetermination pursuant to Section 6305of 7 Del. C. Chapter 63 that the owneror operator has failed to performfinal closure in accordance with theclosure plan and other permitrequirements when required to do so,under the terms of the bond the surety,viII perform final closure asguaranteed by the bond or will depositthe amount of the penal sum into thestandby trust fund.
(6) The penal sum of the bond mustbe in an amount at least equal to thecurrent closure cost estimate.
(7) Whenever the current closurecost estimate increases to an amountgreater than the penal sum, the owneror operator, within 60 days after theincrease, must either cause the penalsum to be increased to an amount atleast equal to the current closurecost estimate and submit evidence ofsuch increase to the Secretary, or
has the authori t y to issue let ters ofcredit and whose letter-or-creditoperations are regulated and examinedby a Federal or State agency.
(2) The wording of the letter ofcredit must be identical to thewording specified in §264.151(d).
(3) An owner or operator ....ho usesa letter of credit to satisfy therequirements of this section must alsoestablish a standby trust fund. Underthe terms of the letter of credit, allamounts paid pursuant to a draft bythe Secretary will be deposited by theissuing institution directly into thestandby trust fund in accordance withinstructions from the Secretary. Thisstandby trust fund must meet ther e cuL rements of the trust fundsp~cified in §264.l43(a), except that:
(i) An originally signed duplicateof the trust agreement must besubmitted to the Secretary ....ith theletter of credit; and
(ii) Unless the standby trust fundis funded pursuant to the requirementsof this section, the following are notrequired by these regulations:
(A) Payments into the trust fundas specified in §264.143(a);
(3) Updating of Schedule A of thetrust agreement (see §264.1S1(a)) tosho~ current closure cost estimates;
(C) Annual valuations as requiredby the trust agreement; and
(D) No t.Lc e s of nonpayment asrequired by the trust agreement.
(4) The letter of credit must beaccompanied by a letter rrom the o....neror operator referring to the letter ofcredit by number, issuing institution,and date, and providing the f ol Iowt ngin£o~ation: the EPA IdentificationNumber, name, and address of thefacility, and the amount of fundsassured for closure of the facility bythe letter of credit.
(5) The letter of credit must beirrevocable and issued for a period ofat least I year. The letter of creditmust provide that the expiration date....ill be automatically extended for aperiod of at least 1 year unless, atleast 120 days before the currentexpiration date, the issuing
the
operatorfinanciali.n thi 5
or
specified
o....ner.].1ternate
as
obtain other financial assurance asspecified in this section. Wheneverthe current closure cost estimatedecreases, the penal sum may bereduced to the amount of the currentclosure cost estimate followingw~itten approval by the Secretary.
(8) Under the terms of the bond,the surety may cancel the bond bysending notice of cancellation bycertified mail to the owner orop e r'a t o r' and to the Secretary.Cancellation may not occur, however,du r t ng the 120 days beginning on thedate of receipt of the notice ofcancellation by both the owner oroperator and the Secretary, aseVidenced by the return receipts.
(9) The O'Hner or operator maycancel the bond if the Secretary hasgi ven prior .... ri tten consent. TheSecretary ....ill provide such writtenconsent ....hen:
(i) ,';.n
substitutesassurancese.ction; or
(ii) The Secretary releases theow~er or operator fromrequirements of this section~ccordnnce ....ith 5264.143(i).
(10) The surety will not be liablefor deficiencies in the performance ofclosure by the owner or operator afterthe Secretary releases the owner orc?erator from the requirements of thiss~ction in accordance ....ith §264.143(i).
(d) Closure letter of credit. (1),\n o wne r or o pe r a t o r -::ay satisfy thecequirements of this section byobta Ln i ng an irrevocable standby~etter of credit ....hich conforms to therequirements of this para~raph andsubmittir~ t~e letter to theSecretary. An owner or operator of anew facility must subcit the letter ofc r ed L t co the Secreta r:y a t least 60days ~efore the date on whichhazardous ·..aste is first received fort reataenr , storage, or disposaL Theletter of credit must be effectivebefore ~his initi-9.1 receipt ofhazardous was t e , The issuinginstitution must be an entity ....hich
thethein
institution notifies both the owner oroperator and the Secretary bycertified mail of a decision not toextend the expiration date. Under theterms of the letter credit, the 120days will begin on the date when boththe owner or operator and theSecretary have received the notice, asevidenced by the return receipts.
(6) The letter of credit must beissued in an amount at least equal tothe current closure cost estimate,except as provided in §264.l43(g).
(7) Whenever the current closurecost estimate increases to an amountgreater than the amount of the credit,the owner or operator, within 60 daysafter the increases must either causethe amount of the credit to beincreased so that it at least equalsthe current closure cost estimate andsubmit evidence of such increase tothe Secretary, or obtain otherfinancial assurance as specified inthis section to cover the increase.Whenever the current closure costestimate decreases, the amount of thecredit may be reduced to the amount ofthe current closure cost estimatef o l Lowi ng written approval by theSecretary.
(8) Following a determinationpursuant to Section 6305 of 7 Del. C.Chap tor 63 that the owner or operatorhas failed to perform final closure inaccordance wi th the closure plan andother permit requirements whenrequired to do so, the Secretary maydraw on the letter of credit.
(9) If the owner or operator doesnot establish alternate financialassurance as specified in this sectionand obtain written approval of suchalternate assurance from the Secretarywithin 90 days after receipt by boththe owner or operator and theSecretary of a notice from issuinginstitution that it has decided not toextend the letter of credit beyond thecurrent expiration date. TheSecretary will draw on the letter ofcredit. The Secretary may delay thedrawing if the issuing institutiongrants an extension of the term of thecredit. During the last 30 days of
any such extension the Secretary '..,illdraw on the letter of credit if theowner or operator has failed toprovide alternate financial assuranceas specified in this section andobtain written approval of suchassurance from the Secretary.
(10) The Secretary will returnthe letter of credit to the issuinginstitution for termination when:
(i) An owner or operatorsubstitutes alternate financialassurance as specified in thissection; or
(ii) The Secretary releasesowner or operator fromrequirements of this sectionaccordance with §264.143(i)
(e) Closure insurance. (1) Anowner or operator may satisfy therequirements of this section byobtaining closure insurance whichconforms to the requirements of thisparagraph and submitting a certificateof such insurance to the Secretary.An owner or operator of a new facilitymust submit the certificate ofinsurance to the Secretary at least 60days before the date on whichhazardous waste is first received fortreatment, storage, or disposal. Theinsurance must be effective beforethis initial receipt of hazardouswaste. At a minimum, the insureermust be licensed to transact thebusiness of insurance, or eligible toprovide insurance as an excess orsurplus lines insureer, in one or moreStates.
(2) The wording of the certificateof insurance must be identical to thewording specified in §264.l5l(e).
(3) The closure insurance policymust be issued for a face amount atleast equal to the current closure costestimated, except as provided in§264.l43(g). The term "face amount"means the total amount the insureer isobligated to pay under the policy.Actual payments by the insureer willnot change the face amount, althoughthe insurer's future liability will belowered by the amount of the payments.
(4) The closure insurance policymust guarantee that funds will beavailable to close the facilitywhenever final closure occurs. Thepolicy must also guarantee that oncefinal closure begins, the insureerwill be responsible for paying outfunds, up to an amount equal to theface amount of the policy, upon thedirection of the Secretary, to suchp3rty or parties as the Secretaryspecifies.
(5) After beginning finalclosure, an owner or operator or anyother person a.uthorized to perfomclosure may request reimbursement forclosure expenditures by submittingitemized bills to the Secretary.''';ithin 60 days after rec e I vf ng billsf or closure activities, the Secretary·...-Lll determine whether the closure~~renditures are in accol:'dance witht:I2 c l o su re plan or o t he rwf sejustifi~d, and if so, he will instructthe insurer to make reimbursement insuch amounts as as the Secretaryspecifies in writing. If theSec retary has reason to believe thatthe cost of closure will besignificantly greater than the faceamourrt of the policy, he may withholdreimbursement of such amounts as hedeems prudent until he determines, inaccordance with §264.143(i), that theowner or operator is no longerrequired to maintain financialassurance for closure of the :acility.
(6) The owner of operator must7aintain the policy i~ rull forceeffect until the Se c re t.a ry consents tot~rni~ation of the policy by the owneror operator as specified in paragraph(e)(10) of this section. Failure copay the pe rmi.um , without substitutionof alternate financial assurance asspecified in this section, willconstitute a significant violation ofthese regulations, ~arrantir~ suchremedy as the Secretary deemsnecessary. Such violation will bedeemed to begin upon receipt by theSecretary of a notice of futurecancellation, termination, or failureto renew due to nonpayment of -thepremium, rather than upon the date ofexpiration.
(7) Each policy must contain aprovision a.l Lcvfng assignments of thepolicy to a successor owner oroperator. Such assignment may beconditional upon consent of theinsurer, provided such consent is notunreasonably refused.
(8) The policy must provide thatthe insurer may not cancel, terminate,or fail to renew the polciy except forfailure to pay the premium. Theautomatic renewal of the policy, mustat a minimum, provide the insured withthe option of renewal at the faceamount of the expiring policy. Ifthere is a failure to pay the premium,the insureer may elect to cancel,terminate, or fail to renew the policyby sending notice by cert Hied mail tothe owner or operator and theSecretary. Cancellation, termination,or failure to renew may not occur,however, during the 120 days beginningwith the date of receipt of the noticeby both the Secretary and the O~T.er oroperator, as evidenced by the returnreceipts. Cancellation termination,or failure to renew may not occur andthe policy will remain in full forceand effect in the event that on orbefore the date of expiration:
(1) The Sec re t a ry deems thefacility abandoned; or
(ii) Ther permit is terminated orrevoked or a new permit is denied; or
(iii) Closure is ordered by theSecretary or aU. S. district court orother court of competant jurisdiction;or
(1. v) The owner or operator isnamed as debtor in a voluntary orinvoluntary proceeding unde Title 11(Bankruptcy), U.S. Code; or
(v) The premium due is paid.(9) wnenever the current closure
cost estimate increases to an amountgreater than the face amount of thepolicy, the owner or operator. wi. thin60 days after the increase, musteither cause the face omount to beincreased to an amount at least equalco the current closure cost estimateand submi t evidence of such increaseto the Secretary, or obtain otherfinancial assurance as specified in
(
thethein
operatorfinancialin this
this section to cover the increase.Whenever the current closure costestimate decreases, the face amountmay be reduced to the amoutn of thecurrent closure cost estimatefollowing written approval by theSecretary .
(10) The Secretary will givevr t tten consent to the owner orop~rator that he may terminate theinsurance policy when:
(i) An owner orsubstitutes alternateassurance as specifiedsection; or
(ii) The Secretary releasesowner or operator fromrequirements of this sectionaccordance with §264.l43(i).
(f) Financial test and corporateguarantee for closure. (1) An owneror operator may satisfy therequirements of this section bydemonstrating that he passes afinancial test as specified in thisparagraph. To pass this test theowner or operator must meet thecriteria of either paragraph (f)(l)(i)or (f)(l)(ii) of this section:
(i) The owner or operator musthave:
(A) Two of the following threeratios: a ratio of total liabilitiesto net worth less than 2.0; a ratio ofthe sum of net income plusdepreciation, depletion, andamortization to total liabilitiesgreater than 1.5; and
(B) Net working capital andtangible net worth each at least sixtimes the sum of the current closureand post closure cost estmates; and
(C) Tangible net worth of atleast SlO million; and
(D) Assets in the Unites Statesamounting to at least 90 percent ofhis total assets or at least six timesthe sum of the current closure andpost closure cost estimates.
(ii) The owner or operator musthave:
(A) A current rating for his mostrecent bond issuance of AAA, AA, A, orBBB as issued by Standard and Poor'sor Aaa, As, A, or Baa as issued byMoody's and
(B) Tangible net worth at leastsix times the sum of the currentclosure and post-closure costestimates; and
(C) Tangible net worth of atleast $10 million; and
(D) Assets located in the UnitedStates amounting to at least 90percent of his total assets or atleast six times the sum of the currentclosure and post-closure cost estimtes.
(2) The phrase "current closureand post-closure cost estimates· asused in paragraph (f)(1) of thissection refers to the cost estimatedrequired to be shown in paragraphs 1-4of the letter from the owner's oroperator's chief financial officer(§264.15l(f)) •
(3) To demonstrate that he meetsthis test, the owner or operator mustsubmit the following items to theSecretary :
(i) A letter signed by theowner's or operator's chief financialofficer and worded as specified in§264.151(f); and
(ii) A copy of the independentcertified public accountant's reporton examination of the owner's oroperator's financial statements forthe latest completed fiscal year; and
(iii) A special report from theowner's or operator's independentcertified public accountant to theowner or operator stating that:
(A) He has compared the datawhich the letter from the chieffinancial officer specifies as havingbeen derived from the independentlyaudited, year end financial statementsfor the latest fiscal year with theamounts in such financial statementsand
(B)procedure,attentionthat theadjusted.
In connection with thatno matters came to his
which caused him to believespecified data should be
days before the date on whichhazardous waste is first received fortreatment, storage, or disposal.
(5) After the initial submissionof items specified in paragraph (f)(3)of this section, the owner or operatormust send updated Lnf o rma t Lon to theSecretary within 90 days after theclose of each succeeding fiscal year.This infonnation must consist of allthree items specified in paragraph(f)(3) of this section.
(6) If the owner or operator nolonger meets the requirements ofpa r agr ap h (0 (1) of this section, hemust send notice to the Secretary ofintent to establish alternatefinancial assurance as specified in1:::15 s e c t Lc n , The notice must be sentby certified ~ail within 90 days aftert he end of the fiscal y ea r for ·....hichthe year-end financial d a t a show thatthe owner or operator no Longer :neetsthe requirements. The owner oroperator must provide the alternatefinancial assurance within 120 days~fter the end of such fiscal year.
(7) The Secretary may, based on areasonable belief that the owner oroperator may no longer meet therequirements of paragraph (f)(l) ofthis section, require reports offinancial condition at any time fromthe owner or operator in addition tothose specified in paragraph (f)(3) ofthis section. If the Se c r e t.a ry finds,on the basis of such reports or otherLnf o rma t Lo n , that the owner oroperator no longer ~eets therequirements of paragraph (f)(l) ofthis section, the owner or operatormus t provide alternate financial~ssurance as specified in this sectionwithin 30 days after notification ofsuch a finding.
(8) The Secretary may disallowuse of this test on the basis ofqualifications in the opinionexpressed by the independent certifiedpublic accountant in his report onexamination of the owner's or
that:(i) If the owner or operator
fails to perfonn final closure of afacility covered by the corporateguarantee in accordance ·..;i th theclosure plan and other permitrequirements whenever required to doso, the guarantor will do so orestablish a trust fund as specified in§264.l43(a) in the name of the owneror operator.
(ii) The corporate guarantee willremain in force unless the guarantorsends notice of cancellation bycertified mail to the o'~er oroperator and to the Secretary.
in
operatorfinancialin this
owner oralternate
specifiedas
operator's financial statements (seeparagraph (f)(3)(ii) of thissection). An adverse opinion or adisclaimer of opinion will be causefor disallowance. The Secretary willevaluate other qualifications on anindividual basis. The owner oroperator must provide alternatefinancial assurance as specified inthis section within 30 days afternotification of the disallowance.
(9) The owner or operator is nolonger required to submit the itemsspecified in paragraph (f) (3) of thissection when:
(i) Ansubstitutesassurancesection; or
(ii) The Secretary releases theowner or operator from therequirements of this section~ccordance with §264.143(i).
(10) An owner or operator mayme e t the requirements of this sec tionby obtaining a written guarantee,hereafter referred to as corporateguarantee. The guarantor must meetthe requirements for owners oroperators in paragraphs (0 (1) through(f)(8) of this section and must complywith the tenns of the corporateguarantee. The wording of thecorporate guarantee must be identicalto the word ing specified in§264.151(h). The corporate guaranteemus t accompany the items sent to theSecretary as specified in paragraph(£)(3) of this section. The t e rms ofthe corporate guarantee must provide
An owner or operator of a newmust submit the items
in paragraph (0(3) of thisto the Secretary at least 60sec.tion
(4 )facili tyspcified
(a) The owner or operator of adisposal facility must subject topost-closure monitoring or maintenancerequirements must have a writtenestimate, in current dollars, of theannual cost of post-closure monitoringand maintenance or the facility inaccordance with the applicablepost-closure regulations tn§§264.117-264.l20, 264.228, 264.258,264.280, and 264.310. Thepost-closure cost estimate iscalcula~ed by multiplying the annualpost-closure cost estimate by thenumber of years of post-closure carerequired under Subpart G or Part 264.
facilities covered by the mechanismare outside of Delaware a list offacilities and their Closure/orpost-closure costs must be included.The amount of funds available throughthe mechanism must be no less than thesum of funds that would be availableif a separate mechanism had beenestablished and maintained for eachfacility. In directing fundsavailable through the mechanism forclosure of any of the facilitiescovered by the mechanism, theSecretary may direct. only the amountof funds designated for that facility)unle~s the owner or operator agrees tothe use of additional funds availableunder the mechanism.
(i) Release of the owner oroperator from the requirements of thissection. Within 60 days afterreceiving certifications from theowner or operator and an independentregistered professional engineer thatclosure has been accomplished inaccordance with the closure plan, theSecretary will notify the owner oroperator in writing that he is nolonger required by this section tomaintain financial assurance forclosure of the particular facility,unless the Secretary has reason tobelieve that closure has not been inaccordance with the closure plan.
Cancellation may not occur, however,during the 120 days beginning on thedate of receipt of the notice ofcancellation by both the owner oroperator and the Secretary, asevidenced by the return receipts.
(iii) If the owner or operatorfa ils to provide alternatice financialsassurance as specified in thissection and obtain the writtenapproval of such alternate assurancefrom the Secretary within· 90 daysafter receipt by both the owner oroperator and the Secretary ofa noticeof cancellation of the corporategua rantee from the guarantor, theguarantor will provide suchalternative financial assurance in thename of the owner or operator.
(g) Use of multiple financialmechanisms. An owner or operator maysatisfy the requirements of thissec tion by establishing more than onefinancial mechanism per facility.These mechanisms are limi ted to trustfunds, surety bonds guaranteeingpayment into a trust fund, letters ofcredit, and insurance. The mechanismsmust be as specified in paragraphs(a), (b), (d), and (e), respectively,of this section, except that it is thecombination of mechanisms, rather thanthe single mechanism, which mustprovide financial assurance for anamount; at least equal to the currentclosure cost estimate. If an owner oroperator uses a trust fund incombination with a surety bond or aletter of credit, he may use the trustfund as the standby trust fund for theother mechanisms. The Secretary mayuse any or all of the mechanisms toprovide for closure of the facility.
(h) Use of a financial mechanismfor multiple facilities. An owner oroperator may use a financial assurancemechnism specified in this section tomeet the requirements of this sectionfor more than one facility. Evidenceof financial assurance submitted tothe Secretary must include a listshowing, for each facility, the EPAIdentification Number, name, address,and the amount of funds for closureassured by the mechanism. If the
§264.l44 Costpost-closure care.
estimate for
The owne r or op e ra t o r of a facilitysubject to post-closure monitoring ornaintenance requirements mustestablish financial assurance forpost-closure care in accordance wi tht~e approved post-closure plan for the
facility. He must choose from thefollowing options:
Ca) Post-closure trust fund.(1) An owner or operator may satisfythe requirements of this section byestablishing a post-closure trust fundwhich conforms to the requirements ofthis paragraph and submitting anoriginally signed duplicate of thetrust agreement to the Secretary. Anowner or operator of a new facilitymust submit the originally signedduplicate of the trust agreement tothe Secretary at least 60 days beforethe date on which hazardous waste isfirst received for disposal. Thetrustee must be an entity which hasthe authority to act as a trustee andwhose trust operations are regulatedarid examined by a Federal or Stateagency.
(2) The wording of the trustagreement must be identical to thewording specified in §264.lSI(a)(1),and the trust agreement must beaccompanied by a formal certificationof acknowledgement (for example, see§264.1S1(a)(2». Schedule A of thetrust agreement must be updated within60 days after a change in the amountof the current post-closure costestimate covered by the agreement.
(3) Payments into the trust fundmust be made annually by the owner oroperator over the term of the i ni tialReM/State permit or over theremaining operating life of thefacili t y as estimated in the closureplan, wru.c ae ver period is shorter;this o e r Lod is hereafter referred toas the "pay-in period." The paymentsinto the post-closure trust fund mustbe made as follows:
(i) For a new f ac i Lf t y , the firstpayment must be made before theinitial receipt of hazardous waste fordisposal. A receipt from the trusteefor this payment must be suomi t ted bythe owner or operator to the Secretarybefore this initial receipt ofhazardous waste. The first paymentmust be at least equal to the currentpost-closure cost estimate, except asprovided in §264.145(g), divided bythe number of years in the pay-in
forassurance
(b) During the operating life ofthe facility, the owner or operatormust adjust the post-closure costestimate for inflation ~.,i thin 30 daysafter each anniversary of the date onwhich the first post-closure costestimate was prepared. The adjustmentmust be made as specified inparagraphs (nb)Cr) and (b)(2) of thissection, using an inflation factorderived from the annual Implicit PriceDeflator for gross National Product asD~blished by the U.S. Depactrnent ofCo~~erc2 in its Survey of CurrentBus i ne s s , The inflation factor is theresult of dividing the latestpuolished annual Deflator by theDeflator for the previous year.
(1) The first adjustment is madebv TIluliplying the post-closure costestimate by the inflation factor. Theresult is the adjusted post-closurecost estimate.
(2) Subsequent adjustments are~ade by multiplying the latest~djusted post-closure cost estimate bythe latest inflation factor.
(c) 0 The owner or operator mustrevise the post-closure cost estimated~tr:~_~ the operating life of theCc.ci.lity whe neve r a change in the~ost-~losure plan increases the costo f cos t r-c Lo su r e care. The revised~ost-c:osure cost estimate must bea.l j us t e d for inflation as specified in52G4~l44(b)~
(d) The o~~er or ooerator must'ce e c the following at the facility·~t:.'~."i~g ':~e o oe r a t d ng 2.ife of the=acility: The latest post-closure~0st o;ti~ate Drepared in accordance~{:h ~264.l44(a) and (c) and, whent~is 2sti~ate has been ~djusted inacc ord a nc e ·...ith §264 .1L..L..( b) , the~~test adjusted post-closure cost-,;stimate.1264.145 Financial~ost-closure care.
Y
Next Payment ~ CE--CV
period. Subsequent payments must bemade no later than 30 days after eachanni versary date of the firstpayment. The amount of eachsubsequent payment must be determinedby this formula:
where CE is the current post-closurecost estimate, CV is the current valueof the trust fund, and Y is the numberof years remaining in the pay-inperiod.
(4) The owner or operator mayaccelerate payments into the trustfund or he may deposit the full amountof the current post-closure costestimate at the time the fund isestablished. However, he mustmaintain the value of the fund at noless than the value that the fundwould have if annual payments weremade as specified in paragraph (a)(3)of this section.
(5) If the owner or operatorestablishes a post-closure trust fundafter having used one or morealternate mechanisms specified in thissection or in §265.l45 of theseregulations, his first payment must bein at least the amount that the fundwould contain if the trust fund wereestablished initially and annualpayments made according tospecifications of this paragraph and§265.l45(a) of these regulations, asapplicable.
(6) After the pay-in period iscompleted, whenever the currentpost-closure cost estimate changesduring the operating life of thefacility, the owner or operator mustcompare the new estimate with thetrustee's most recent annual valuationof the trust fund. If the value ofthe fund is less than the amount ofthe new estimate, the owner oroperator, within 60 days after thechange in the cost estimate, musteither deposit an amount into the fundso that its value after this depositat least equals the amount of thecurrent post-closure cost estimate,or obtain other financial assuranceas specified in this section to coverthe difference.
(7) During the operating life ofthe facility, if the value of thetrust fund is greater than the totalamount of the owner or operator maysubmit a written request to theSecretary for release of the amount inexcess of the current post-closurecost estimate.
(8) If an owner or operatorsubstitutes other financial assuranceas specified in this section for allor part of the trust fund, he maysubmit a written request to theSecretary for release of the amount inexcess of the current post-closurecost estimate covered by the trustfund.
y
CE-CVNext Payment
where CE is the current post-closurecost estimate, CV is the current valueof che trust fund, and Y is the numberof years remaining in the pay-inperiod.
(ii) If an owner of operatorestablishes a trust fund as specifiedin §265.145(a) of these regulations,and the value of that trust fund isless than the current post-closurecost estimate when a permit is awardedfor the facility, the amount of thecurrent post-closure cost estimatestill to be paid into the fund must bepaid in over the pay-in period asdefined in paragraph (a)(3) of thissection. Payments must continue to ternade no later than 30 days after eachanniversary date of the first paymentmade pursuant to Part 265 of theseregulations. The amount of eachpayment must be determined by thisformula:
(9) ;./ithin GO cays afterr ec e i v t ng a request f r om the owner oroperator for release of funds asspecified in paragraph (a)( 7) or (8)of this section, the Secretary willinstruct the trustee to release to theowner o r operator such funds as theSecretary specifies in writing.
(10) During the period ofpost-closure care, the Secretary mayapprove 3 release of funds if theowner or operator demonstrates to theSecretary that the value of the trustfund exceeds the remaining cost ofpost-closure care.
(1) An owner oroperator subs t Lt u t e s alternatefinancial assurance as specifiedin this section; or
(if) The Secretaryreleases the owner or operator fromthe requirements of this section in~ccordance with 264.145(i).
(11) An owner oroperator or any other personauthorized to perform post-closurecare may request reimbursement forpost-closure expenditures bysubmitting itemized bills to theSecretary. Within 60 days afterreceiving bills for post-closureactivities, the Secretary willdetermine whether the post-closureexpenditures are in accordance withthe post-closure plan or otherwisejustified, and if so, he will instructthe trustee to make reimbursement insuch amounts as the Secretaryspecifies in writing.
(b) Surety bond guaranteeingpayment into a post-closure trustfund. (1) An owner or operator maysatisfy the requirements of thissection by obtaining a surety bondwhich conforms to the requirements orthis paragraph and submitting the bondto the Secretary. An owner oroperator of a new facility must submitthe bond to the Secretary at least 60days before the date on whichhazardous waste is first received fordisposal. The bond must be effectivebefore this initial receipt ofhazardous waste. The surety companyissuing the bond must, at a minimum,be among those listed as acceptablesure ties on Federal bonds in Circular570 of the U.S. Department of theTreasury.
(i) Fund the standbyan amount equal to the
the bond before thefinal closure of the
trust fund inpenal sum ofbeginning offacility; or
(B) Updating of Schedule A of thetrust agreement (see §264.l5l(a» toshow current post-closure costestimates;
(ii) Fund the standbytrust fund in an amount equal to thepenal sum within 15 days after anorder to begin closure is issued bythe Secretary or a U.S. district courtor other court of competentjurisdiction; or
(A) Payments into the trust fundas specified in §264.l45(a);
(3) The owner or operatorwho uses a surety bond to satisfy therequirements of this section must alsoestablish a standby trust fund. Underthe terms of the bond. all paymentsmade thereunder will be deposited bythe surety direc tly into the standbytrust fund in accordance withinstructions from the Secretary. Thisstandby trust fund must meet therequirements specified in §264.l45(a),except that:
(i) An originallysigned duplicate of the trustagreement must be submitted to theSecretary with the surety bond; and
(4) The bond must guaranteethat the owner or operator will:
(D) Notices of nonpayment asrequired by the trust agreement.
(C) Annual valuations as requiredby the trust agreement; and
(ii) Until the standbytrust fund is funded pursuant to therequirements of this section, thefollowing are not required by theseregulations:
thethe
willtrust
Secretaryof the
wording ofidentical to264.l5l(b).
(12) Theto terminationagree
when:
(2) Thesurety bond must bewording specified in
(iii) ?covidealternati ve financial assurance asspecified in this section, and obtainthe Secretary1s written approval ofthe assurance provided, within 90 daysafter receipt by both the owner oroperator and the Secretary's writtenapproval of the assurance provided,';lithin 90 days after receipt by boththe owner or operator and theSecretary of a notice of cancellationof the bond from the surety.
(5) :'!:cder the terms of thebo nd , the surety '",ill become liable ont he bond obligation when the owner orooe ra t o r fails to p e r f o rrn asg~aranteed by the bond.
(6) The penal sum of thebond ~ust be in an amount at leastequal to the current post-closure cost~stimate, except as provided in)264.1!.5(g) .
(7) \·lhenever the currentpost-closure cost estimate increasesto an amount greater than the penalsum, l:he owner or operator, wi thin 60c~vs a f t e r the increase, must eitherc~use the penal sum to be increased to.'",'; amoun t at least equal to thec~r.rent ?ost-closure cast estimate andsuomit evidence of such increase cot he Secretary, or obtain otherfinancial assurance as specified int~is section to cover the increase.~henever the current post-closure costc s t Lna t e decreases, t he penal sum :::aybe reduced to the amount of thecu r re nt; post-closure cost estimate:0l1ot.;i:1g wr i t t e n ap p r o va I '0\" t h eSecretary.
(9) rne owner or operatormay cancel the bond if the Secretaryhas given prior written consent basedon his receipt of evidence ofalternate financial assurance asspecified in this section.
(c) Surety bond guaranteeIngperformance of post-closure care.(1) An owner or operator may satisfythe requirements of this section byobtaining a surety bond which conformsto the requirements of this paragraphand submitting the bond to theSecretary. An owner or operator of anew facility must submit the bond tothe Secre tary at least 60 days beforethe date on which hazardous waste isfirst received for disposal. The bondmust be effective before this initialreceipt of hazardous waste. Thesurety company issuing the bond must,at a minimum, be among those listed asacceptable sureties on Federal bondsI n Circular 570 of the U.S. Departmentof the Treasury.
(2) The wording of thesurety bond must be identical to thewording specified in §264.1Sl(c).
(3) The owner or operatorwho uses a surety bond to sati sfy therequirements of this section must alsoestablish a standby trust fund. Underthe terms of the bond, all paymentsmad e thereunder will be deposited byt h e surety directly into the standbytrust fund in accordance withinstructions from the Secretary. Thisstandby trust fund must meet t her e qu.i r eme n t s specified Ln §264 .145(a),exc e p t that:
(
An originallyof the trus t
submitced to thesurety bond; ~ndwith the
(1)duplicate
must besignedagreementSecretary
(if) Unless the stand bytrust fund is funded pursuant to therequirements of this section, thefollOWing are not required ~y theseregulations:
t he Secretaryoccur t however,
beginning on thethe notice of
the owne r orSecretary, asreceipt s ,
(8) Under the terms of thebond, the sure t y may cancel the bondby sending notice of cancellation cycertified ~ail to the owner oroperator and toCancellation may notdu rd ng the 120 daysdate of receipt ofcancellation by bothoperator and ':heevidenced ~y the return
(8) During the period ofpost-closure care, the Secretary mayapprove a decrease in the penal sum ifthe owner or operator demonstrates tothe Secretary that amount exceeds theremaining cost of post-closure.
(9) Under the terms of thebond) the surety may cancel the bondby sending notice of cancellation bycertified mail to the owner oroperator and to the Secretary.Cancellation may not occur) however,during the 120 days beginning on thedate of receipt of the notice ofcancellation by both the owner oroperator and the Secretary) asevidenced by the return receipts.
(7) Whenever the currentpost-closure cost estimate increasesto an amount greater than the penalsum during the operating life of thefacility, the owner or operator,within 60 days after the increase,must either cause the penal sum to beincreased to an amount at least equalto the current post-closure costestimate and submit evidence of suchincrease to the Secretary, or obtainother financial assurance as specifiedin this section. Whenever the currentpost- closure cost estimate decreasesduring the operating life of thefacility, the penal sum may be reducedto· the amount of the currentpost-closure cost estimate followingwritten approval by the Secretary.
The ownerbond ifwrittenprovide
owner oralternate
specified in
or ope r a to rthe Secre taryconsent. Thesuch written
(i) Anoperator substitutesfinancial assurance asthis section; or
(10)may cancel thehas given priorSecretary willconsent when:
(C) Annual valuations as requiredby [he trust agreement; and
(4) The bond must guaranteeth~t the owner or operator will:
(D) ~otices of nonpayment asrequired by the trust agreement.
(ii) Provide alternatei' i nn nc t a l assurance :15 specified int~is section, and obtain theSecretary's written approval of theassurance provided, within 90 days ofreceipt by both the owner or operatorand the Secretary of a notice )fc anc e l La t i on of the bond from thesurety.
(i) Perform post-closurecare in accordance with the post-closurenlJn and other requirements of thepe rm f r for the facility; or
(5) Under the terms of thebond) the surety will become liable onthe bond obligation when the owner oroperator fails to perform as guaranteedby the bond. Following adetermination pursuant to Section 6305of 7 Del. C. Chapter 63 that the owneror operator has failed to performpost-closure care in accordance withthe post-closure plan and other permitrequirements, under the terms of thebond the surety will performpost-closure care in accordance withthe post-closure plan and other permitrequirements or will deposit the amountof the penal sum into the standby trustfund.
(3) Updating of Schedule A of thetrust agreement (see §264.15l(a)) toshow current post-closure costestImates;
(A) Payments into the trust fundas specified in §264.l45(a);
(6) The penal sum of the bondmust be in an amount at least equal tothe current post-closure cost estimate.
(ii) The Secretaryreleases the owner or operator fromthe requirements of this section inaccordance with §264.l45(i).
s t and by t ru s t :'lnc 1'1 a c c o rc a nc e :.'it~
instructions f rom t he Secretary. 7:,i3standby trust f und ziu s t mee t ::he
(2) -=-~e wo rc i nz of the2.'" t t e r or cred it nus t be identical to~"c '.:o=Ci:'~ scec:.t"i:=d 2.:1 §264.15l(d).
(3) An owner or operator whouses a letter 0: credit to satisfy therequ.i r etae nc s of t h i s section mu s t; alsoe s t a b i Lsh a s t a nd bv ~:"ust f und , L:::der
of Schedule A of the(see 5264.15(a)) torost-closure cost
(ii) Unless the standbyis funded pursuant to the
of this section, thenot required by these
fundtrust::-equirementsfollowing a reregulations.
(B) Updatingtrust agreementshow currentestimates;
(D) Notices of nonpayment as
required by the trust agreement.
(A) Payments into the trust fundas specified in §264.l45(a);
(6) The letter of credit"Just be issued in an amount at leastequal to the current post-closure costestimate, except as provided in§264.145(g).
(5) The letter of creditmust be irrevocable and issued for aperiod of at least 1 year. The letterof credi t nu sc provide t ha t theexpiration date 0;.;111 be automaticallyextended for a period of at least 1ye a r unl.e s s , at least 120 days beforethe c ur r e n t expiration date, the:.ssuing Lris t Ltu t Lo n notifies both the0'..mer or operator and the Secretary byc e rt i f led ma I L of a decision not: toex t e nd the expiration date. Under theterms of the letter of credi c , the 120days will begin on the date when both:he ow~er or operator ~nd theSecretary have received the notice, asevidenced by the return receipts.
(C) Annual valuations as requiredby the trust agreement; and
(4) The letter of creditmust be accompanied by a let t e r fromthe owner or operator referring to theletter of credit by number, issuinginstitution, and date, and providingthe following information: the EPAIdentification Numbe r , name, andaddress of the facility, and the~mount of funds assured forpost-closure care of the facility bythe letter of credit.
r ..,rr"l_ 40~ _ .....J
t r us t f undexcept that:
An o rf.g Lna I Lyof the trust
submitted to thelet t e r of c red i t :
t~e
(1)duplicate
!'lust :,ev i t h the
:r~st~~'J.::'on r::!irec::y
r e q u I rorne n t s~pecified in 5264.145(a),
(11) The surety wi.ll not beliable for deficiencies in theperformance of post-closure care bythe owner or operator after theSecretary releases the owner oroperator from the requirements of thissection in accordance with §264.l45(i).
(d) Post-closure letter ofcredit. (1) An owner or operator maysatisfy the requirements of thissection by obtaining an irrevocablest3ndby letter of credit whichconforms to the requirements of thisparagraph and submitting the letter tot he Secretary. An owner or operatorof a new facility must submit theletter of credit to the Secretary atleast 60 days before the date on which~2.zardous waste is first received fordisposal.. The let t e r of credi t mus t~e effective before this initialreceipt of hazardous waste. fheissuing institution must be an entity':>t·hich has the aut hc r t t y to issueletters of credit and whoseletter-of-credit operations are:-eq;ulateci and examined 1:1y a Federal or<::.].t,= ",gency.
signedagreementSecretaryand
(ii) The Secretaryreleases the owner or operator fromthe requirements of this section inaccordance with §264.145(i).
Secretary will draw on the letter ofcredit if the owner or operator hasfailed to provide alternate financialassurance as specified in this sectionand obtain written approval of suchassurance from the Secretary.
substitutesassurance asor
(i) An owner or operatoralternate financial
specified in this section;
Secretary willcredit to the
for termination
(11) Thethe letter of
institutionreturnissuingwhen:
(7) Whenever the currentpost-closure cost estimate increasesto an amount greater than the amountof the credit during the operatinglife of the facility, the owner oroperator, within 60 days after theincrease, must either cause the amountof the credit to be increased so thatit at least equals the currentpost-closure cost estimate and submitevidence of such increase to theSecretary, or obtain other financialassurance as specified in this sectionto cover the increase. Whenever thecurrent post-closure cost estimatedecreases during the operating life ofthe facility, the amount of the creditmay be reduced to the amount of thecurrent post-closure cost estimatefa 1lowing wri t ten approval by theSecretary.
(3) The pose-closure insurancepolicy must be issued for a face amountat least equal to the currentpost-closure cost estimate, except asprovided in §264.145(g). The term "faceamount means the total amount theinsurer is obligated to pay under the
(e) Post-closure insurance. (1)An owner or operator may satisfy therequirements of this section byobtaining post-closure insurance whichconforms to the requirements of thisparagraph and submitting a certificateof such insurance to the Secretary .Anowner or operator of a new facilitymust submit the certificate ofinsurance to the Secretary at least 60days before the date on which hazardous waste is first received fordisposal. The insurance must beeffective before this initial receiptof hazardous waste. At a minimum, theinsurer must be licensed to transactthe business of insurance, or eligibleto provide insurance as an excess orsurplus lines insurer, in one or moreStates.
(8) During the period ofpost-closure care, the Secretary mayapprove a decrease in the amount ofthe let ter of credit if the owner oroperator demonstrates to the Secretarythat the amount exceeds the remainingcost of post-closure care.
(9) Following a determinationpursuant to Sec tion 6305 of 7 Del. C.Chapter 63 that the owner or operatorhas failed to perform post-closure carein accordance with the post-closureplan and other permit requirements, theSecretary may draw on the letter ofcredit.
(10) If the owner or operatordoes not establish alternate financialassurance as specified in this sectionand obt~in written approval of suchalternate assurance from the Secretarywi thin 90 days after receipt by boththe owner or operator and the Secretaryof a notice from the issuinginstitution that it has decided not toextend the letter of credit beyond thecurrent expiration date, the Secretarywill draw on the letter of credit. TheSecretary may delay the drawing if theissuing institution grants an extensionof the term of the c redi t , During thelast 30 days of any such extension the
( 2)
certificateidentical to§264.l5l(e).
The wording of theof insurance must bethe vo rd I ng specified in
(1) The Secretary deemsthe facility abandoned; or
(7) Each policy must containa provision allowing assignment of t~e
policy to a successor owner oroperator. Such assignment may beconditional upon consent of theinsurer, provided such consent is notunreasonably refused.
(8) The policy must providethat the insurer may not cancel,terminate, or fail to renew the policyexcept for failure to pay thepremium. The automatic renewal of thepolicy must, at a minimum, provide theinsured with the option of renewal a t
the face amount of the expiringpolicy. If there is a failure to paythe premium, the insurer may elect tocancel, terminate, or fail to renewthe policy by sending notice bycertified mail to the owner or operator and the Secretary. Cancellation,termination, or failure to renew maynot occur, however, during the 120days beginning wi th the date ofreceipt of the notice by both theSecretary and the owner or operator,as evidenced by the return receipts.Cancellation, termination, or failureto renew may not occur and the policywill remain in full force and effectin the event that on or before thedate of expiration:
(iii) Closureby the Secretary or a
court or other courtjurisdiction; or
isU.S.
of
pe rmI t isnew permit
(v) The premium due is
(iv) The ow~er ornamed as debtor in a
involuntary proceedingII (Bankruptcy), U.S.
(ii) Theor re vo k.ed 0 r aor
terminatedis denied;
ordereddistrictcompetent
operator isvoluntary orunder TitleCode; or
(4) The post-closure~~surance policy must guarantee that7~nds will be ~vailable to provide:ost-closure care of the facili ty:henever the post-closure period:·=;g1ns. The policy must also'.1.1.rantee that once post-closure care2gins, the insurer will be-esponsible for paying out funds, up:0 an amount equal to the face amount
the policy, upon the direction of-'1e Secretary, to such party or~rties as the Secretary specifies.
'01icy. Actual pay~ents by the.nsure r will not change the faceimounr , although the insurer's futureLiability will be lowered by theinoun t of the payments.
(5) An owner or operator or_:';' other person authorized to perform: st-closure care may reques t?imbursement for post-closure
.xpend f t ure s by submitting itemized;ills to the Secretary. Within 60ays after receiving bills for
'::-.st-closure activities, the Secretary'ill determine whether the')st-closure expendi tures are in,~cordance with the post-closure plan~ otherwise justified, and if so, he
-:.11 instruct the insurer to make:~~nbursement in such amounts as the~~retary specifies in writing.
(6) The owner or operator'ust maintain the policy in full force.nd effect until the Secretary'·::msents to termination of the policy-'J' the owner or operator as specified'" paragraph (e)(ll) or this section.ailure to pay the premium, without
:ubstitution of alternate financial-s surance as specified in this:ection, will constitute a significant/Lo La t I cn of these regulations,rarranti ng such remedy as the;~cretary deems necessary. SuchIi-alation will be deemed to begin upon~~ceipt by the Secretary of a notice)r future cancellation, termination,}'C failure to renew due to nonpaymentIt" the premium, rather than upon the'~te of e~pirati~n.
(C) Tangible net worth of atleast $10 million; and
(B) Net working capital andtangible net worth each at least sixtimes the sum of the current closureand post-closure cost estimates; and
(D) Assets in the United Statesamounting to at least 90 percent ofhis total assets or at least six timesthe sum of the current closure andpost-closure cost estimates.
(A) Two of the following threeratios: a ratio of total liabilitiesto net worth less than 2.0; a ratio ofthe sum of net income plus depreciation, depletion, and amortization tototal liabilities greater than 0.1;and a ratio of current assets tocurrent liabilities greater than L 5;and
or
or
owner
owner
The
The
( ii)operator must have;
(1)operator must have:
(f) Financial test and corporateguarantee for post-closure care. (1)An owner or operator may satisfy therequirements of this section bydemonstrating that he passes afinancial test as specified in thisparagraph. To pass this test theowner or operator must meet thecriteria of either paragraph (f)(l)(i)or (f)(l)(ii) of this section:
(10) Commencing on the datethat liability to make paymentspursuant to the polley accrues, theinsurer will thereafter annuallyincrease the face amount of thepolicy. Such increase must beequivalent to the face amount of thepolicy, less any payments made,multiplied by an amount equivalent to85 percent of the most recentinvestment rate or of the equivalentcoupon-issue yield announced by theU.S. Treasury for 26-week Treasurysecurities.
(11) The Secretary will givewri tten consent to the owner oroperator that he may terminate theinsurance policy when:
(9) Whenever the currentpost-closure cost estimate increasesto an amount greater than the faceamount of the policy during theoperating life of the facility, theowner or operator, within 60 daysafter the increase, must either causethe face amount to be increased to anamount at least equal to the currentpost-closure cost estimate and submitevidence of such increase to theSecretary, or obtain other financialassurance as specified in this sectionto cover the increase. Whenever thecurrent post-closure cost estimatedecreases during the operating life ofthe facility, the face amount may bereduced to the amount of the currentpost-closure cost estimate followingwritten approval by the Secretary.
(ii) The Secretaryreleases the owner or operator fromthe requirements of this section inaccordance with §264.145(i)
(i) Anoperator substitutesfinancial assurance asthis section; or
owner oralternate
specified in
(A) A current rating for his mostrecent bond issuance of AAA, AA, A, orBBB as issued by Standard and Poor'sor Aaa, Aa, A or Baa as issued byMoody's; and
(B) Tangible net worth at leastsix times the sum of the currentclosure and post-closure costestimates; and
(C) Tangible net worth of atleast $10 million; and
(7) The Secretary may, basedon a reasonable belief that the owneror operator may no longer meet therequirements of paragraph (f)(l) ofthis section, require reports offinancial condition at any time fromthe owner or operator in addition tothose specified in paragraph (f)(3) ofthis section. If the Secretary finds,on the basis of such reports or otherinformation, that the owner oroperator no longer meets therequirements of paragraph (£)(1) ofthis section, the owner or operatormust provide alternate financialassurance as specified in this sectionwithin 30 days after notification ofsuch a finding.
(4) An owner or operator ofa new facility must submit the itemsspecified in paragraph (f)( 3) of thissection to the Secretary at least 60days before the date on whichhazardous waste is first received fordisposal.
(6) If the owner or operatorno longer meets the requirements ofparagraph (0(1) of this section, hemust send notice to the Secretary ofintent to establish alternatefinancial assurance as specified inthis section. The 'notice must be sentby certified mail within 90 days afterthe end of the fiscal year [or whichthe year-end financial data show thatthe owner or operator no longer meetsthe requirements. The owner oroperator must provide the alternatefinancial assurance within 120 daysafter the end of such fiscal year.
(5) After the initialsubmission of items specified inparagraph (f)(3) of this section, theowner or operator must send updatedinformation to the Secretary within 90days after the close of eachsucceeding fiscal year. Thisinformation must consist of all threeitems specified in paragraph (f)(3) ofthis section.
(iii) A special reportowner's or operator's
certified ~ublic
the ovne r or operator
(A) He has compared the datawh i c h the letter f r otn the chieffinancial officer specifies as havingbeen derived from the independentlyaudited, year-end financial statementsfor the latest fiscal year with theamount s in such financial statements;and
(D) Assets located in the UnitedStates amounting to at least 90percent of his total assets or atleast six times the sum of the currentclosure and post-closure costestimates.
(2) The phrase currentclosure and post-closure costestimates" as used in paragraph (£)(1)of this section refers to the costestimates required to be shown inparagraphs 1-4 of the let ter from theowner's or operator's chief financialofficer (§264.l5l(f».
(B) In connection with thatprocedure, no matters came to hisattention which caused him to believethat the specified data should beadjusted.
(i) A letter signed bythe owner's or operator's chieffinancial officer and worded asspecified in 264.151(£); and
(ii) A copy of theindependent certified publicaccountant t S report on examination ofthe owner's or operator's financialstatements for the latest completedfiscal year; and
from theindependentaccountant tostating that:
(3) To demonstrate that hemeets this test, the owner or operatormust submit the following items to theSecretary :
(10) The owner or ope r a t oris no longer required to submit theitems specified in paragraph (f)(3) ofthis section when:
(ii) The Secretaryreleases the owner or operator fromthe requirements of this section inaccordance with §264.145(i).
(9) During the period ofpost-closure care, the Secretary myapprove a decrease in the currentpost-closure cost estimate for whichthis test demonstrates financialassurance if the owner or operatordemonstr~tes to the Secretary that theamount of the cost estimate exceedsthe remaining cost of post-closurecare.
(11) An owner or operatormay meet the requirements of thissection by obtaining a writtenguarantee, hereafter referred to as"corporate guarantee." The guarantormust be the parent corporation of theowner or operator. The guarantor mustmeet the requirements for owners oroperators in paragraphs (f) (1) through(9) of this section and must complywi th the terms of the corporateguarantee. The wording of the
(i) If the owner oroperator fails to perform post-closurecare of a facility covered by thecorporate guarantee in accordance withthe post-closure plan and other permitrequirements whenever required to doso, the guarantor will do so orestablish a trust fund as specified in§264.145(a) in the name of the owneror operator.
(ii) The corporateguarantee will remain in force unlessthe guarantor sends notice ofcancellation by certified mail to theowner or operator and to theSecretarj. Cancellation may notoccur, however, during the 120 daysbeginning on the date of receipt ofthe notice of cancellation by both theowner or operator and the Secretary,as evidenced by the return receipts.
(g) Use of multiple financialmechanisms. An owner or operator maysatisfy the requirements of thissection by establishing more than onefinancial mechanism per facility.These mechanisms are limited to trustfunds, surety bonds guaranteeingpayment into a trust fund, letters of
corporate guarantee must be identicalto the wording specified in§264.l5l(h). The corporate guaranteemust accompany the items sent to theSecretary as specified in paragraph(f) (3) of this section. The terms ofthe corporate guarantee must prOVidethat:
(iii) If the owner oroperator fails to provide alternatefinancial assurance as specified inthis section and obtain the writtenapproval of such alternate assurancefrom the Secretary within 90 daysafter receipt by both the owner oroperator and the Secretary of anotice of cancellation of thecorporate guarantee from theguarantor, the guarantor will providesuch alternate financial assurance inthe name of the owner or operator.
owner oralternate
specif ied in
(1) Anoperator substitutesfinancial assurance asthis section; or
(8) The Secretary maydisallow use of this test on the basisof qualifications in the opinionexpressed by the independent certifiedpublic accountant in his report onexamination of the owner's oroperator's financial statements (seeparagraph (f)(3)(ii) of thissection). An adverse opinion or adisclaimer of opinion will be causefor disallowance. The Secretary willevaluate other qualifications on anindividual basis. The owner oroperator must provide alternatefi~ancial assurance as specified inthis section within 30 days afternotification of the disallowance.
credit, and insurance. The mechanismsmust be as specified in paragraphs(a), (b), (d), and (e), respectively,of this section, except that it is thecombination of mechanisms, rather thanthe single mechanism, which mustprovide financial assurance for anamount at least equal to the currentpost-closure cost estimate. If anowner or operator uses a trust fund incombination with a surety bond or aletter of credit, he may use the trustfund as the standby trust fund for theother mechanisms. A single standbytrust fund may be established for twoor more mechanisms. The Secretary mayuse any or all of the mechanisms toprovide for post-closure care of thefacility.
An owner or operator may satisfy therequirements for financial assurancefor both closure and post-closure carefor one or more facilities by using atrust fund, surety bond, letter of
(i) Release of the owner oroperator from che requirements of thissection. When an owner or operatorhas camp l e t ed , to the satisfaction ofthe Secretary, all post-closure carerequirements in accordance with thepost-closure plan, the Secretary will,at the request of the owner orop era tor, no t i f y him in wri t i ng t ha the is no longer required by thissection to maintain financial assurance for post-closure care of theparticular facility.
(h) Use of a financial mechanismfor multiple facilities. An owner oroperator may use a financial assurancemechanism specified in this section tomeet the requirements of this sectionfor more than one facility. Evidenceof financial assurance submitted tothe Secretary must include a listshowing, for each facility, the EPAIdentification Numbe r , name, address,and the amount of funds for postclosure care assured by the mechanism. If the facilities covered by themechanism are outside of Delaware, alist of facilities and their closureand/or post closure costs must beincluded. The amount of funds available through the mechanism must be noless than the sum of funds that wouldbe available if a separate mechanismhad been established and maintainedfor each facility. In directing funds3v~ilable through the mechanism forpost-closure care of any of thefacilities covered by the mechanism,the Secretary may direct only theamount of funds designated for thatfacility, unless the owner or operatoragrees to the use of additional fundsavailable under the mechanism.
§264.l46 Use of afinancial assurance ofand post-closure care.
mechanism forboth closure
credit, insurance, financial test, orcorporate guarantee that meets thespecifications for the mechanism inboth §§264.l43 and 264.145. Theamount of funds available through themechanism must be no less than the sumof funds that would be available if aseparate mechanism had been established and maintained for financial assurance of closure and of post-closurecare.
§264.l47 Liability requirements.
(a) Coverage for sudden accidental occurrences. An owner or operatorof a hazardous waste treatment, storage, or disposal facility, or a groupof such facilities, must demonstratefinancial responsibility for bodilyinjury and property damage to thirdparties caused by sudden accidentaloccurrences arising from operations ofthe facility or group of facilities.The owner or operator must have andmaintain liability coverage for suddenaccidental occurrences in the amountof at least $1 million per occurrencewi th an annual aggregate of at least$2 million, exclusive of legal defensecosts. This liability coverage may bedemonstrated in one of three ways, asspecified in paragraphs (a)(l),(a)(2), and (a)(3) of this section:
(1) An owner or operator maydemonstrate the required liabilitycoverage by having liability insuranceas specified in this paragraph.
(1) Each insurancepolicy must be amended by attachmentof the Hazardous Waste Facility Liability Endorsement or evidenced by aCertificate of Liability Insurance.The wording of the endorsement must beidentical to the wording specified in§264.l5l(i). The wording of the certificate of insurance must be identicalto the wording specified in §264.15l(j). The owne r or operator mustsubmi t a signed duplicate original ofthe endorsement or the certificate of
(1) An owner or operator maydemonstrate the required liabilitycoverage by having liability insuranceas specified in this paragraph.
arising from operation of the facilityor group of facilities. The owner oroperator must have and maintainliability coverage for nonsuddenaccidental occurrences in the amountof at least $3 million per occurrenceper site with an annual aggregate ofat least $6 million per site, exclusive of legal defense costs. Thisliability coverage may be demonstratedin one of three ways, as specified inparagraphs (b)(l), (b)(2), and (b)(3)of this section:
(i) Each insurancepolley must be amended by a c t ac hmen tof the Hazardous Waste FacilityLiability Endorsement or evidenced bya Certificate of Liability Insurance.The wording of the endorsement must beidentical to the wording specified in§264.l5l(i). The wording of thecertificate of insurance must beidentical to the wording specified in§264.l51(j). The owner or operatormust submit a signed duplicateoriginal of the endorsement or thecertificate of insurance to theSecretary, or EPA Regional Administrator if the facilities are locatedin more than one EPA Region. Ifrequested by the Secretary. the owneror operator must provide a signed d uplicate original of the insurancepolicy. An owner or operator of a newfacility must submit the signedduplicate original of the F~zardous
Waste Facility Liability Endorsementor the Certificate of LiabilityInsurance to the Secretary at least 60days before the date on which hazardou s r..aste is first received. fortreatment, storage, or disposal. Theinsurance must be effective beforethis initial receipt of hazardous
insurance to the Secretary, or EPARegional Administrators if thefacilities are located in more thanone EPA Region. If requested by theSecretary, the owner or operator mustprovide a signed duplicate original ofthe insurance policy. An owner oroperator of a new facility must submitthe signed duplicate original of theinsurance policy. An owner or operator of a new facility must submit thesigned duplicate original of theHazardous Waste Facility LiabilityEndorsement or the Certificate ofLiability Insurance to the Secretaryat least 60 days before the date onwhich hazardous waste is first received for treatment, storage, or disposal. The insurance must be effective before this initial receipt ofhazardous waste.
(11) Each Lnsu rancepolicy ~ust be issued by an insurerwhich, at a minimum, is licensed totransact the business of insurance, oreligible to provide insurance as anexcess or surplus lines insurer, inone or more States.
(2) An owner or operator mayraee t the requirements of this sectionby passing a financial test forliability coverage as specified inparagraph (f) of this section.
(3) An owner or operator maydemonstrate the required liabilitycoverage through use of both thef i na nc LaL test and insurance as thesemechanisms are specified in thissection. The amounts or coveragedemonstrated must total at least theminimum amounts required by thisparagraph.
(b) Coverage for nonsudden~ccidental occurrences. An owner oroperator of a surface impoundment,landfill, or land treatment facility~..hf c h is used to manage hazardous'''''lste, or a group of such facilities,must demonstrate financial responsibillty for bodily injury and propertydamage to third parties caused by~onsudden ~ccidental occurrences
waste.
policy mustwhich, at atransac t the
(ii) Each insurancebe issued by an insurerminimum, is licensed to
business of insurance,
(ii) All other ownersor operators, by January IS, 1985.
or eligible to provide insurance as anexcess or surplus lines insurer, inonp. or more States.
(2) An owner or operator maymeet the requirements of this sectionby passing a financial test for liability coverage as specified in paragraph(f) of this section.
(3) An owner or operator maydemonstrate the required liabilitycoverage through use of both thefinancial test and insurance as thesemechanisms are specified in this section. The amounts of coverage musttotal at least the minimum amountsrequired by this paragraph.
orownerThe(i)
operator must have:
(d) Period of coverage. An owneror operator must continuously provideliability coverage for a facility asrequired by this section untilcertifications of closure of thefacility, as specified in §264.llS.are received by the Secretary.
(A) Net working capital andtangible net worth each at least sixtimes the amount of liability coverageto be demonstrated by this test; and
(e) Financial test for liabilitycoverage. (1) An owner or operatormay satisfy the requirements of thissection by demonstrating that hepasses a financial test as specifiedin this paragraph. To pass this tescthe owner or operator must meet thecriteria of paragraph (£)(1)(1) or(£)(l)(ii) :
Secretary may adjust the level offinancial responsibility requiredunder paragraph (a) or (b) of thissection as may be necessary to protecthuman health and the environment.This adjusted level will be based onthe Secretary's assessment of thedegree and duration of risk associatedwith the ownership or operation of thefacility or group of facilities. Inaddi tion, if the Secretary detenninesthat there is a significant risk tohuman health and the environment fromnonsudden accidental occurrencesresulting from the operations of afacility that is not a surfaceimpoundment, landfill, or landtreatment facility, he may requirethat an owner or operator of thefacility comply with paragraph (b) ofthis section. An owner or operatormust furnish to the Secretary, withina reasonable time, any informationwhich the Secretary requests todetermine whether cause exists forsuch adjustments of level or type ofcoverage. Any adjustment of the levelor type of coverage for a facilitythat has a permit will be treated as apermit modification under §§122.l5(a)(7)(iii) and 124.5 of these Regulations.
owner orrevenues6 months
of these
(i) For anoperator with sales ortotaling $5 million or more,after the effective dateregula t ions.
(4) For existing facilities,the r e qu I red Uabili ty coverage fornonsudden accidental occurrences mustbe demonstrated by the dates listedbelow. The total sales or revenues ofthe owne r or operator in all lines ofbusiness, in the fiscal year precedingthe effective date of these regulations, will determine which of thedates applies. If the owner andoperator of a facility are twodifferent parties, or if there is morethan one owner or operator, the salesor revenues of the owner or operatorwith the largest sales or revenueswi 11 determine the date by which thecoverage must be demonstrated. Thedates are as follows:
(c) Adjustments by theSecretary. If the Secretary determines that the levels of financi31responsibility required by paragraph(a) or (b) of this section are notconsistent with the degree andduration of risk associated withtreatment, storage, or disposal at thefacility or group of facilities, the
(C) Assets in the United Statesamounting to either: (1) at least 90percent of his total assets; or (2) atLe a s t six times the amount of liability coverage to be demonstrated bythis test.
owner
(3) Tangibl(~
least $10 million;
(if)
operator must have:
netand
The
worth of at
or
liability coverage, he must submit theletter specified in §264.151(g) tocover both f o rms of financial responsihility; a separate letter as specifiedin §264,15l(f) is not required.
(ii) A copy of theindependent certified public accountant's report on examination of theowner's or operator's financialstatements for the latest completedfiscal year.
(
(B) Tangible net worth of atleast SlO million; and
(A) A current rating for his mostrecent bond issuance of ~\, AA, A, orBBB as issued by Standard arid Poor's,or Aaa, Aa, A, or Baa as issued byMoody's; and
(C) Tangible net worthsix times the amount ofcoverage to be demonstratedtest; and
at leastliability
by this
(iii) A special reportfrom the owner's or operator's independent certified public accountant tothe owner or operator stating that:
(A) He has compared the datawhich the letter from the chieffinancial officer specifies as havingbeen derived from the independentlyaudited, year-end financial statementsfor the latest fiscal year with theamounts in such financial statements;and
(D) Assets in the United Statesamounting to either: (1) at least 90percent of his total assets; or (2) atleast six times the amount of liability coverage to be demonstrated byt71is test.
(2) :~e phrase amount ofLi a bility coverage" as used t n paragraph (£)(1) of this section refers tothe annual aggregate amounts for ~hich
coverage is required under pa rag ra phs(2) and (b) of this sectio~.
(3) To demonstrate that rie
!!!~ets this test, the ovne r or ope r a t o rmus t submit the fol10,*ing three itemsto the Secretary:
(i) A Le t t e r signed bythe owne r t s or operator' s c hLe f financ i a L officer and ',.;orced as specifiedin §264.151(g). If an owner orope r a t o r is using the financial testto demonst rate bo t a assurance forclosure or post-closure care, asspecified by §§Z64.143 (f), 264.145(f), 265.143 (e), and 265.145 (e), and
(3) In connection with thatprocedure, no matters came to hisattention which caused him to believethae the specified data should beadjusted.
(4) An owner or operator ofa new facilicy nu s t submit the itemsspecified I n paragraph (f)(3) of thissection to the Secretary at least 60days before the date on r.....hich hazardGUS r-.....aste is first received for:reatrr.ent, storage, or disposal.
(5) After the initialsubmission of items specified inparagraph (0(3) of this section, theo~~er or operator must send updatedinformation to the Secretary within 90cays after the close of each succeed::'ng fiscal year. This informationmus t consis t of all t h r e e i ternss pec Lf Led in paragraph (£)(3) of thissection.
(6) If the owner or operatorno longer meets the requirements ofparagraph (f)(1) of this section, hemust obtain insurance for the entireamount of required liability coverageas specified in this section. Evidenceof insurance must be submitted to theSecretary ~ithin 90 days after the endof the fiscal year for which the yearend financial data show that the owneror operator no longer meets the testrequirements.
(7) The Secretary m~y
dlsallo~ use of this test on the basisof qualifications in the opinionexpressed by the independent certifiedpublic accountant in his report onexamination of the owne r t s oroperator's financial statements (seeparagraph (f) (3)( 11) of this sect 1on) . An adverse opinion or adisclaimer of opinion ~ill be causefor di s a Llovanc e , The Secretary ~ill
evaluate other qualifications on anindividual basis. The owner oroperator must provide evidence ofinsurance for the entire amount ofrequired liability coverage asspecified in this bection ~ithin 30days after notification of disallowance.
(b) An owner or operator whofulfills the requirements ofS§264.143, 264.145,- or 264.147 byobtaining a trust fund, surety bond,letter of c redi t, or insurance policywill be deemed to be without therequired financial aS8urance orliability coverage in the event ofbankruptcy of the trustee or issuinginstitution, or a suspension orrevocation of the authority of thetrustee institution issuing the suretybond, letter of credi t , or insurancepolicy to issue such instruments. Theowner or operator must establish otherfinancial assuranc e or liabilitycoverage ~ithin 60 days after such anevent.
55264.149 - 264.150 [Reserved]
5264.151 Wording of the 1nstruaenta.
(a)(l) A trust agreement for atrust fund, as specified in 5264.143(a) or §264.145(a) or §265.l43(a) or§265.145(a) of these regulations, mustbe ~orded as follows, except thatinstruc tions in brackets are to bereplaced with the relevant informationand the brackets deleted:
(a) An owner or operator mustnotify the Secretary by certified mailof the commencement of a voluntary orinvoluntary proceedings under Title 11(Bankruptcy), U.S. Code, naming theowner or operator as debtor, within 10days after commencement of the proceedI ng , A guarantor of a corporateguarantee as specified in §§264.143(f)and 264.145(f) must make such a notification if he is named as debtor, asrequired under the terms of thecorporate guarantee (§264.l51(h».
S264.148 Incapacity ofoperators, guarantors, orinstitutions.
owners orfinancial
TIlUST AGREEM!N'T
Trust Agreement, the "Agreement,"entered into as of [date] by and betveen [name of the owner or operator],a [name of State] [insert "co rpo ration," "partnership," "association,"or "proprietorship"], the "Grantor,"and [name of corporate trustee],[insert "incorporated in the State of
or "a national bank" J, the"Trustee."
Whereas, the DNREC, an agency ofthe State of Delaware, has establishedcertain regulations applicable to theGrantor, requiring that an ovne r oroperator of a hazardous wastemanagement facility shall provideassurance that funds will be availablewhen needed for closure and/orpost-closure care of the facility,
Whereas, the Grantor has electedto establish a trust to prOVide all or
part of such financial assurance forthe facilities identified herein,
Whereas, the Grantor, &ctingthrough its duly authorized officers,has selected the Trustee to be thetrustee under this agreement, and theTrustee 1s willing to act as truste~,
Now, Therefore, the Grantor andthe Trustee agree as follow:
Section 1. Definitions. As usedin this Agreement:
(a)'rhe term "Grantor" means theowner or operator who enters into this~reement and any successors orMBRigns the Grantor.
(b)'I'he term "Trustee" means theTrustee who enters into this Agreementand any successor Trustee.
Section 2. Identification ofFncilittes and Coat Estimates. ThisAgreement pertains to the facilitiesand cost estimates identified onIt t t ac hed Schedule A [on Schedule A,for each facility list the EPA Identiflcstion Number, name, address, andthe current closure and/or poatclosure coat estimates, or portionsthereof, for which financial a~suranee
Is demonstrated by this Agreement}.Section 3. Establishment of Fu12d.
The Grantor and the Trustee hereby~~t~blish a truRt fund, the "Fund,"for the benefit of DNREC. The Grantorand the Trustee intend that no thirdparty have access to the Fund except<HI herein pr'cvLd ed , The fund isestablished initially as consisting of
r\.
Commingling andz rus t e e is expresslydiscretion:
Section 7.Investment. T'heauthorized in its
(i) Securities or otherobligations of the Grantor, or anyother owner or operator of thefacilities, or any of their affiliatesas defined in the Investment CompanyAct of 1940, as amended t 15 U.S.C.80a-2. (a), shall not be acquired orheld, unless they are securities orother obligations of the Federal or aState government;
investing, reinvesting, exchang r ng ,selling, and managing the Fund, theTrustee shall discharge his dutieswith repect to the trust fund solelyin the interest of the beneficiaryand with, the care, skill, prudence t
and diligence under the circumstancesthen prevailing which persons ofprudence, acting in a like capacityand familiar ;.ri th such matters, woulduse in the conduct of an enterprise ofa like character and with like aims;except that:
(iii) The Trustee isauthorized to hold cash awaitinginvestment or distri bution uninvestedfor d reasonable time and withoutliability for the payment of interestthereon.
(Ii) The Trustee isauthorized to invest the Fund in timeor demand deposits of Trustee, to theextent insured by an agency of theFederal or State government; and
0] the
ClosureTrustee
Fund as
Comprisingco t ne
forThethe
.mount s
t h i s Agreement. Trlereiwburs~ t~e Grantor or
specifies
DC' r s o n s
SecLionFu rio ,the
covered byTrustee shall
Sc-ction 4. Payment. ,:r Post-Closure Care.';[-..:111 '";ilke p aymen t s from
:-'.~ J~\REC Secr\..=tary shall direct, inwr i r t ng , to provide for the payment oft~l~ coses 0: closure and/orpost-c10sure care or ~r.e facilities
~)~R2C Sec~etary iroQ the Fund fo:closure ,:Ina p cs t r-c Lo s u r e e xp e nd i t u re s; n ~\Ji,:h amo un t s 3S the D:iREC Secretary~ ;'~:1. ~:.. .,i i ~-~:: c t Ln r..J r 1 -: i ::g . =n ci c d i t ion)
: ;:(: i r u s t e e :-; na 1. 1 r e f urid t o t he
:~G!i.sci[uce par: 0: ':':1.2 .I:una as c e f i nedherein.
L-ne »rope r t y , wn i.c h is a c c ep t abLe tothe Tru s t e e , described in Schedule 13a.c t ac he d he r e t o . Such property and""11j' ot he r property subsequentlytransferred to as the Fund, togetherwt t n .t Ll earnings and profits thereon,Les s any payments or distributions1:1.'lce '::.'"/ the Trustee pursuant to this_'~H; rc erne n t . The Fund shall be held byC;l'': l'r:lstee, IN TRUST, as hereinafterp r c v i d od . The Trustee shall not berC3po~si~le nor shall it unaertake anyr e s p o ns i b t l.t ty for the amount orad e qua nc y or, nor any duty to collect~ r orn the Grantor,' any payments~ec~ssary :0 discharge any liabilitiesor the Grantor established by DNKEC.
i r u s t ee :or the Fund shall consist ofcash or securities acceptable to theTrustee.
Section c . =:.:"'L.~t<=t :...:ar:£;.gt2L:J.ent..Th~·:·: Tr u s t e e shall invest and r e i nve s t
~ h2 principal and t nc o-ne of :n.e t: ur.. :...:.ana keep che Fund invest~d as a singler urid , ';lithout distinction betweenprincipal and incase, in accordancewith general investml;;nt policies and;uidclines which the Grantor saycommunicate in wri ti ng to the Trusteefrom t I me to time, subject, now-ever,to the provisions of chis Section. In
(a) To transfer from time to timeany or all of the assets of the Fundto any common, commingled, orc o L'Lec t Lve trust fund created by t he'I'rusr:ee in which the Fund is eligibleto participate, subject to all of theprovisions thereto, to be commingledwiLh the assets of other trustsparticipating therein; and
(b) To purchase shares in anyinvestment company registered underthe Investment Company Act of 1940, 15U.s.C. 80a-1 tot seq., including OD.e
wru cn may be created, managed,
Cd) 70 deco s.i t any cash in t:-,oFund in intecest-bearing accoun~s
maintained or savings certificat~s
issued ~y t~e Trustee, in its separatecorporate capacity, or in any otherbanking institution affiliated withthe Trustee, to the extent insured ;,yan agency of the Federal ar Stateg o ver nme n t ; and
underNr:tten, or to ~hich :nvestmentadvice is rendered or the shares ofwhich are sold by the 'I'rustee. TheTrustee may vote such s ha re s in itsdiscretion.
Section 8. Express Powers ofTrustee. ;-lithout in any '.o7ay limi tingthe powers and discretions conferredupon the Trustee by the ot~er
provisions of this Agreement or byLaw, the Trustee is expressly~uthorized and empowered:
( e)
adjusta~ainst
To compromiseall c Lai ms inthe Fund ..
or otherwisefa vo r of 0:-
;::0 ~Cl'-15 i ve 1V'
~\dvi.ce of Ccuns c l .
s t a t ernen t c o nf ; :':!lingthe :~ust. Anvor
t~e
1 1-__ l.. •
......; +0-''''','J _ _ .,
to
Section
Section 10. Annual Valuation.Trustee shall armua Lly , at least
days prior to t he ann i ve r s a ry da t e
t~e value~ e c '..1 ri t i:~ sin
or e s t abLf s hmen c of t he Fund, f u r rri s ht o the Grantor a nd to the ao p rcp r t o ce
The30
Section 9. Taxes and Expenses.All taxes of a~y kind that may beassessed or levied against or. inrespect of the Fund and all brokeragecommissions incurred by the :und shall~e paid from the Fund. All otherexpenses incurred by the Trustee !nconnection ~Jith the administra!:ion ofthis Trust including fees for Lega lservices rendered to the Trustee, thecompensation of the Trustee to theextent not paid directly by theGrantor, and all other proper cha rg e sand disbursements of the "!'rustee shallbe paid from the Fund.
·-::'ndi7i? a s s e n c ~J :~~ G!'.:1n~or, )3rrt:"'~~
~~e Gr:l~tor f r ora .?.sser:ir~.~ any C...L~'L2
or 15_3."Jili~y :~ga ~n:.;: ~he '::O'.1stee 1";1 t~
respect to ma t t c r s di.sc~osed in t r.ostatement.
CCT1.S1.11t
;~,J.Y·S o r i o r :0 the anniversary date of
:,~ilure of ~~e Gra.:ltor :0 object l~
r~rit~~~ to t~e 7rustee within 90 days~i~e~ ~~e st~te~e~: ~~S :een :~rnished
JNREC Secretary 2
securitiesname or in
to hold anyor in boo k
:) ': ~G r
to combine certificatessuch securities wi~h
of :he Sd~e issu€ ~eld ~y
a nominee andbe a're r f o rm
To register anythe Fund in its own:~cld i;"!
(a) To sell, exchange, convey,transfer, or otherwise dispose of anyproperty held by it, by public ororiva t e sale. ':{O person dealing withthe Trustee shall be bound to see to':~e application of the purchase moneyor to inquire into the validity orexpedd ency of C!ny such sale or otherd1. spos f t Lon ;
c.ao ac t t i e s , or :0 d eoo s i t o r a r r a ng e~-:'"':' '::':e -:e?osit of such s ec r i t i e s :~:t .?
(b) To make, execute, acknowledge, and deliver .:lny and alldocuments of transfer and conveyanceand any and all other instruments thatmay be necessary or appropriate to~~rry out the powers herein grated;
';'..:al:::'ec central d eoo s Lt a ry ~ve:1
through, w:-ten so d e po s t t ed , suc nsecur; ties may be mergec and held in}uld in the name of the :1ominee ofsuch d~posit~ry t.;ith o t na r sec.urities~eposi~ed therein ~y ~no~~er ~~r30n.
~r to deposit or arrange for ~he
cenosit of any securities issued bythe TYnited States Government, or any%~encJ' or instrumentality thereof,~lith a Federal Rasarve bank, but thebooks and records of t he "!'rustee sha 11at all times show that all suchsecurities are ?ctrt of the ?unc;
: :1e name orsecur t t y I n~~ntry, or':..-.: p r e se nr ; n~'":,-::rt i= ica t e s
Sec tion 16. Amendment ofAg reeme n t , This Agreement may beamended by an instrument in writingexecuted oy the Grantor, the Trustee,the Secretary and the appropriate EPARegional Administrator, or by theT.rustee, the Secre t ary and theappropriate EPA Regional Administratorif the Grantor ceases to exist.
Section 15. Notice ofNonpayment. The Trustee shall notifyt ne Grantor and the Secretary orappropriate EPA RegionalAd~inis~rator, by certified mailwithin 10 days following theexpiration of the 30-day period afterthe anniversary of the establishmentof the Trust, if no payment orinsufficient payment is received fromthe Grantor during that period.After the pay-in period is completed,The Trustee shall not be required tosend a notice of nonpayment.
2cting without inquiry in accordancewith tne Grantor's orders, requests,and instructions. All orders,requests, and instructions by theDNREC Secretary to the Trustee shallbe in writing, signed by the DNRECSecretary and/or EPA RegionalAdministrato~s if the facilities arelocated outside the State, or theirdesignees and the Trustee shall actand shall be fully protected in actingin accordance with such orders,requests and inscructions. TheTrustee shall have the right toassume, in the absence of writtennotice to the contrary, that no eventconstitut~ng a change or a terminationof the authority of any person to acton behalf of the Grantor or DNREChereunder has occurred. The Trusteeshall have to no duty to act in theabsence of such orders, requests, andinstructions from- the Grantor and/orDNREC, except as provided for herein.
Sec t i on 17. Irrevocability andTe rmt na t Lo n, Subject to the right ofthe parties [0 amenci this Agreement asprovicied in Seccion LO, this Trustshall be i~revocable and shallcontinue unt Ll, terminated at the
the:;.0
the
those
to
toand
. ,mall.
Trustee.
trustee:s
as
co:npensation
The su::::cessor
:hen constituting.sny reason the
dut:ies
Successor
Lns t r uc t i ou s
successor
12. T'rus z e eThe Truscec s~all be
..lna
13.
-, r..l. ......
co
a wr t t t ng sent~ht2 O:·;f<.EC Sec r e t a ry ,
7rustE~ ~y certified
, ~..:.. ..
flowers
~ecti()n
Section
~; eC t i o n" .\-.ompenSaCl0i1.e n t i t Le d
t ru s t
Upon
~o 2ny ~u~stion ~risi~g ~s ~J :~~
c o n s t r uc t t o n or t h i s ';\6ree~t:nt or ..1:1'1
,-,C c i.o n to be ::aken r.e re uno e r .-iheT'r u s t ec shall be f u Li y protected, tothe e xz e nr pe rmt c t ed 'Jy 2.,:;1.', in actingupon tne ~dvice of counsel.
T'l.» Tru s t o e may r e s t g n or the Grantor.n.iy r e p Lt c e t h e Trustee, bu t suchresi.;:l1ilt ion or r e p Lac eme n t shall nothe ~ifectiv~ until the Crantor has.rp po i n t e d J s uc c e s s o r trustee and this~;ucceSS0r::CCC:~")tS the appointment.-:'::e ,";:i~-C:I:-SS0r_ r u s t e e s ha Ll, have the
Grantur c a n no t ,,)r does not act in the
for i :;~ s e rv Lc e s a s .rg r e e d up o n inwri~in~ l=om tL~le to cime with th2Grantor.
~~us:e~ shall 3pec1fy rhe da~e on".;i1i_cn 1.t .J.SSUffi(:S admi.i1istration of the
e ve n t ", :':~12 re s i.g na t I on of theTrustee, che ':L:'rustee may apply to ac ou r t G ~ c ompe t e nt; jur i.sd t c t i.on forthe ~ppoi~t2ent or a successor trustee0~ _0: L~st~uctions.
ac c c p t a nc c or the .sppo i nt menr , theTrustee shall &ssign, transfer, and).J.y o vo r t o the s ucc e s s o r trustee the
days be~0re such change becomes.!:'rec::..ivc. An;" expenses Lnc u r r e d by
t he Trustee 2.5 a result of any of the<.1C ::::~; c ornt emp La t eci by this s ec t Lons}::lll be ?aid as provided in Section 9.
Trustee. All orders, cequests, andinstructions ~y ~~e Gr~ntor to theTrustee shall be i.n wr i t i ng signed bysue l: persons as a re d e s Lgn a t e d i 11 the.i z t ac.he d Exh i b i t A or such otherdesignees as the Grantor ~ay designateby arr:cnd~nent LO Ex1. i b i ; /'1.. TheTrustee shall be fully protected in
wri tten agreement of the Grantor, theTrustee, and the DNREC Secretary, orby the Trustee and the DNRECSecretary, if the Grantor ceases toexist. Upon termination of the Trust,all remaining t rus t property, lessfinal trust administration expenses,shall be delivered to the Grantor.
Section 18. Immunity andIndemnification. The Trustee shallnot incur personal liability of anynature in connection with any act oromission, made in good faith, in theadministration of this Trust, or incarrying out any directions bv theGrantor or the D~"REC Secretary issuedin accordance wi th this Agreement.The Trustee shall be indemnified andsaved harmless by the Gr.~ntor or fromthe Trust Fund, or both, from ~nd
against any personal liability towhich the Trustee may be subjected byreason of any act: or conduct in itsofficial capacity, including allexpenses reasonably incurred in itsdefense in the event the Grantor failsto provide such defense.
Section 19. Choice of Law. ThisAgreement shall be administered,construed, and enforced according tothe laws of the State of Delaware.
Section 20. Interpretation. Asused in this Agreement, words in t:~o
s I ngu.La r include the plural and wordsin the plural include the singular.:-:,e descriptive headings for eachSection of this Agreement shall not~ffect t~e interpretation o~ the legal2ff~cacy of this Agreement.
In Witness Whereof the partieshave caused. this Agreement: ':0 ~e
executed 1:ly their respective officersduly authorized and their cor?orateseals to :)e Jcereunto a£fi;.~ed3.nc
a t t e s t ed as of the date first above~7ittcn: The parties below certifythat the wording of this Agreement isidentical to the wording specified inSection 264.IS1(a)(1) as such
regulations were constituted on thedate fi=st above written.
[Signature of Grantor][Title]
Attest:(Ti t Le ][Seal]
[Signature of Trustee]Attest:
[Title][Seal]
(2) T)-)e f o l Lowt ng is anexample of the certification ofacknowledg~ent which must accompanythe trust ag re erae n t for a trust fundas specified in §§264.l43(a) and264.1~5(a) or §265.143(a) or§265.l45(a) of these Regulations.State requirements may differ on theproper content of this acknowl~dgement.
State of-----------------------------County of-----------------------------
On this [date], before mepersonally came (o~ner or operator] tome knOwn, who, being by me duly sworn,did depose and say that: she/he residesat [address), that she/he is [ti':le~
of [corporation], t he c o r po r a t Londescribed in and which executed theabove instrument; that she/he knowsthe seal of said corporation; that theseal affixed to such instru~ent issuch corporate seal; that it was soaffixed by order of the Board ofDi:-ectors of said corporation, andthat she/he signed her/his namethereto by like order.
[Signature of ~otary Public]
(b) A sure:y ~onc ~~Arante~in~
payment into ~ trust f~n~, ~s
s o ecLf Led :::1 -)264~:!~J(b) or5264.145(:') or §265.143 0::" ~265.145(b)of these Regulations, ~ust he ~ord~rl
as follows, exc ep t t ha t instructionsin brackets are to be replaced wI t h
(
:'nfo"t":r.a t a on ma~agement facility identi~iej d0ove,and
l::f::C\'Live date:-----------
Whereas said Principal is requiredto provide financial assurance forclosure, or closure and post-closurecare, as a condition of the permit orinterim status, and
become
:: a i Leri
shall
":lasobligation cnly
Surety( ies)on zh.i s co nd
thel:'able
f~:Eill ~ne ~onditions descr~jeci
dbove. Upon ~otificacion by the D~aEC
Secretary that the Principal ~d5
f ailed to perform as guaranteed CYthis bond, the Sure t y CLes ) shall)lace funds i.n the amount gua r anr e edfor the racility(ies) ineo the standbytrust f und as directed by the JSRECSec r e t a ry ,
Or, If the ~rincipal shall fund::2E: standby trust fund in sucha~ount(s) within 15 days after anorder to begin closure is issued bythe D};REC Secretary or a U.S. district20urt Qr other court competentjur-isdiction,
;omereas said Principal shallestablish a. standby trust fund as isrequired when a surety bond is used toprovide such financial assurance;
Or, if the Principal shall provideal~ernate financial assurance, asspecified in Subpart H of 40 CPR Parts264 ot: 265, as applicable, and o bta Lnt rie m:REC Secretary I s ",r1 t t e n approvalot such assurance, within 90 daysaf t e r the date notice of cancellation:;.::;recei vee by both the ?rincipal andt~e D~~,EC Secretar; from :he0urety(ies), then this obli6atio~
shall be nuLl, and vo Ld , otherwise .... t~s to remain in full force and eifec~.
~~OTN, Therefore, the conditions ofthe obligation are such that if the?rincipal shall faithfully, before thebeginning of final closure of each:lcility identified above, fund the3~andby trust fund in the amount(s)::'dentified above for the facility,
co
[insert
name,and Zor
order
business
..... i. ..ii. :
~";2 bi ndexecutors,
By The s e
for;::11s
:~everG.l=-y;
Stl=etY(~Qs)
::'5 r e qu i red ,to :-!ave d
,~ ......... - -'-:;:::
xurabe r ,c l o su r e
success::Jcs,hei~s,
the SiJreries,
:;-~e Pr i nc i pa L anaare :in:,ly bc und t oabove pe naL sum f c r
Dut
rmou n t (J)
or-;w.n::'z~tion:
ofour-
corporc.tio::s
facility
':;GL2[y(ic~s) he r e c o::-:;2 D~E{EC, in the
'·~;i.:i~V.1dU;il,·· "joinc ve n t u re ,(jd:-t!:~ersnlpl" or "c o rpo ra t t o n , It]
li2bilityli:loi.lity shall be ::-:e:'u~l amount; ofCh2 per:al sum.
SPA identification
c ~12 l)ayment:ou.I"3elves,
Our-selves a n ~uch s urn n ~ain:ly E..ridS(,v:"~("3lly'" n;:-:i for _he :::ur?ose »s:allowing
of s uc n Su r e t y ,
olga i nstor: }it2 r
,1J d ::-~2. s S, a nd
i:·Ost-closure
~:.ndicate 2:'GSUre ..t ncamounts separatelyj:-------Total pen~l 3U~ or Done: ~------Surety's ~ond number:---------
only ciS ~s sec EorL~ oppos~te the ~~~e
3c~te of incorporation:---------Sur~[y(1es): [name(s) 3ndclddress(es)j
:l(:li"iinistr~ltors)
.lssigns jointly»r cv t d e d r ha t , ~.Jhere
own or o~erat2 ~dC~ ~aLarcous ~ast2
In Witness ~"hereof, the Principaland Surety(ies) have executed t~is
Financial Guarantee Bond and haveaffixed their seals on the date setforth above.
The Principal may t e rmt na t e thisbond by sending wri t ten notice to theSurety(ies) provided, however, that nosuch notice shall be c cae effectiveuntil the Surety(ies) rec e Ive Cs )'~itten authorization for terminationof the bond by the DNREC Secretarj.
or succession of payments hereunder,unless and until such paymen t orpayments shall amount in theaggregate to the penal sum of thebond, but in no event shall theobligation of the Surety(ies)hereunder exceed the amount of saidpenal sum.
(
[Signature(s)][Name(s)][Title( s ) 1[Corporate seal]
Bond premium: s _
Corporate Surety(ies)
this surety bond is identical to thewording specified in Part 26'•. 151(0)as such regulations were constitutedon the date this bond was executed.
Principal
[Name and address]State of incorporation:Liability limit: $-----------[Signature(s)][Name(s) and Title(s)][Corporate seal][For every co-surety, providesignatures, corporate seal, arid otherinfor~ation in the same manner as forSurety a bo ve , ]
(c) A surety bond guaranteeingperformance of closure and/orpost-closure care, as specified in§264.143(c) or §26 4 . l 4 5 ( c ) , must beworded as follows, except that theinstructions in brackets are to bereplaced with the relevant l:1fot"7natioOiand the brackets deleted:
Date bond executed:Sffective date:Fri nc Lp a L: [Legal name and bu s i nessaddress of owner or operator]
Type of or~anization: [inse~t
uinciviciual," n joint vent 1..lre,
pa r t ne r s h i p , or" o r po ra r t ori'"]S:ate of incorporat on:Sur3ty(ies): [name s ) and bu s i ne s s.:J.ddress(es)j
is anincluded
Surety(ies)any payment
paragraphmay be
The liability of tbeshall not be discharged by
[The followingoptional rider thatbut is not required.]
The Surety(ies) may cancel thebond by sending notice of cancellationby certified mail to the Principal andto the DNREC Secretary provided,however, that cancellation shall notoccur during the 120 days beginning onthe date of receipt of the notice ofcancellation by both the Principal andthe DNREC Secretary, as evidenced bythe return receipts.
Principal and Surety(ies) herebyagree to adjust the penal sum of thebond yearly so that it guarantees "new closure and/or post-closureamount, provided that the penal sumdoes not increase by core than 20percent in anyone year, a nd nod~crease in the penal sum, takes placel'.t1ithout the written permission of theD~REC Secretary(s).
The persons whose signaturesappear below hereby certify that theyare authorized to execute this sure tybond on behalf of the Principal andSurety(ies) and that the wording of
~·iherc-as said Principal is :requiredco p r o v i de financial assurance forclusure, or closure and pose-closurec a r e <15 :, condition of the permit, and
Whereas said Principal shall estab1i s n a s t a nd by trust fund as isl"00;Ui red when a surety bond is usedLO provide such financial assurance;
jOT.if, Therefore, the conditions oft n i s o b l Lz a t t on are such that if thePr i nc t pel shall faithfully performc i osu r e , ;;.;henever r e qud red to do :30,
of each facility for which this bond
~now All Persons By ThesePre s e nr s , Tha t we, the Principal andSn;:-ei:y(ies) hereto are firmly bound tot he :JNREC, in the above penal sum f orthe payment of which we bindourselves, our heirs, executors,administrators, successors, andassigns jointly and severally;provided that, where the Surety(ies)a r e corporations acting asco-sureties, we, the Sureties, bindourselves in .such sum "jointly andseverally" only for the purpose ofallowing .1 joint action or accionaagainst any or all or us, and for allother purposes each Surety bindsitself, jointly and severally with the:t?ri nc Lp.i l , for the payment of such sumo nIy as l s set ::orth o ppo s i t e the name.
or s uc n .~urety, but if rio li~it orl t ac t Lf t y is indicated, Ch2 lim.it ofli,lbi Li t y s ha Ll he the full arno un t 0;:
the ~en31 sum.
Upon notification by the DNRECSecretary that the Principal has beenround in violation of the post-closurerequirements of Part 264 for a facilityror which this bond guaranteesperformance of post-closure care, theSu re t y CLe s ) shall either perform
The Surety( ies) shall become liableon this bond obligation only when thePrincipal has failed to fulfill theconditions described above.
Upon notification by the D~'R.EC
Secretary that the Principal has beenfound in violation of the closurerequirements of Part 264, f o r afacility ror which this bond guaranteesperformance of c Lo sure , the Su re t y CLes )shall either perform closure inaccordance '..lith the closure plan andother perm! t requirements or place theclosure amount guaranteed for thefacility into the standby trust rund asdirected by the D~~EC Secretary.
Or, if the Principal shall provideal ternate financial assurance asspecified in Subpart H of Part 264, andobtain the DNREC Secretary's writtenapproval or such assurance, within 90days after the date notice ofcancellation is received by both thePrincipal and the DNREC Secretary fromthe Surety(ies), then this obligationshall be null and void, otherwise it isto remain in full force and effect.
guarantees closure, in accordance withthe closure plan and other requirementsof the permi t as such plan and permi tmay be amended, pursuant to allapplicable laws, statutes, rules, andregulations as such laws, statutes,rules, and regulations may be amended.
And, if the Principal shall faithfully perform post-closure care of eachfacility for which this bond guaranteespost-closure care, in accordance withthe pose-closure plan and otherrequirements or the permit as such planand pe rmi t may be amended, pursuant toall applicable laws, statutes, rules.and regulations as such laws, statutes,rules, and regulations may be amended.
isto
waste~hove,
name ,and/or
$----------
for eacht ru s bond
post-closure
PrincipalState Statute,c rd e r to own
Number,closure
bond:
each hazardousfacility identified
EPA. £denti:icationadd r-es:'> , andpost-closure amount(s)L'it'il.ity guaranteed by[tndica.te c Lo su r e and~mouncs separately]:---
operate
eihe rc c s said;:"c>quired, under thehave .:1 !1enni t in
To cal penal sum ofSur~ty's bond number:
management
and
written authorization Ear Cenninntlonof the bond by the DNREC Secret3ry.
post-closure care in accordance withthe post-closure plan and other pe rmf trequirements or place in post-closureamount guaranteed for the facility intothe standby trust fund as directed bythe D~~EC Secretary.
[The followingoptional rider thatis not required.]
pa rag rn p b is a nmay be included but
Upon notification by an DNRECSecretary that the Principal has failedto provide alternate financialassurance as specified in Subpart H ofPart 264, and obtain written approvalof such assurance from the DNRECSecretary during the 90 days followingreceipt by both the Principal and theDNREC Secretary of a notice ofcancellation of the bond, theSurety(ies) shall place funds in theamount guaranteed for the facility(ies)into the standby trust fund as directedby the DNREC Secretary.
Principal and Surety(ies) herebyagree to adjust the penal sum of thebond yearly so that it guarantees a newclosure and/or post-closure amount,provided that the penal sum does notincrease by more than 20 percent in anyone year, and no decrease in the penalsum takes place without the writtenpermission of the DNREC Secretary.
In Witness Whereof, The Principaland Su re t y Cte s ) have executed thisPe t f o rmanc e Bond and have affi.xed theirseals on the date set forth above.
Pri nc Lpa 1
Corporate Surety(ie~)
Sand premium: $ --------------------
[Signature(s)][Name( s) ][T:'tle(s) ](Corporate seal]
signaother
as for
[~a~e ~nd address]State of i~corporation:
Liability limit: S------------[Signat'.lre(s)][~a~e(s) and Ticle(s);[Corporate seal]
[For every co-surety, p r o vf d eture( s ) , corporate seal, andinformation in the same mannerSurety above. ]
The persons whose signatures appearbelow hereby certify that they areauthorized to execute this surety bondon behalf of the Principal andSurety(ies) that the wording of thissurety bond is identical to the wordingspecified in Section 264.lSl(c) as suchregulation was constituted on the datethis bond was executed.
The surety(ies) hereby waive(s)notification of amendments to closureplans, permits, applicable laws,statutes, rules, and regulations andagrees that no such amendment shall inany way alleviate its (their) obligation on this bond.
The liability of the Surety(ies)shall not be discharged by any paymentor succession of payments hereunder,unless and until such payment orpayments shall amount in the aggregateto the penal sum of the bond, but in noevent shall the obligation of theSurety(ies) hereunder exceed the amountof said penal sum.
The Surety(ies) may cancel the bondby sending notice of cancellation bycertified mail to the owner or operatorand to the D~~C Secretary provided,however, that cancellation shall notoccur during the 120 days beginning onthe date of receipt of the notice ofcancellation by both the Principal andthe DNREC Secretary as evidenced by thereturn receipts.
The Principal may terminate thisbond by sending written notice to theSurety( les), provided, however, that nosuch notice shall become effectiveuntil the Surety(ies) receive(s)
(d) :\ letter of c red i t ,:15 specifiedin §264.143(d) or §264.145(d) or~265.l43(c) or §265.145(c) of t ne sel~E:gulations, must be wo r'ded as follows,except that instructions in brackets areto be replaced with the relevantinformHtion and the brackets deleted:
IIL~VOCABLE STp~~BY LETTER OF CREDIT
:-lhenever this letter of c red i t isdrawn on under and in compliance withthe terms of this credit, we shall dulyhonor such draft upon presentation tous, and we shall deposit the amount ofthe draft directly into the standbytrust fund of [owner's or operator'sname] in accordance wi th yourinstruc tions.
II I c e r t ; fy t ha t the amoun ;
u. S. Environmental Protection Agency
to [insertthe UniformDocumentary
International"the Uniform
CERTIFICATE OF INSU~~~CE FOR CLOSUREOR POST-CLOSURE CARE
The Insurer hereby certifies that ithas issued to the Insured the policy ofinsurance identified above to provide
This credit is subject.. t he most rece nt edition ofCustoms and Practice forCredits, published oy theChamber of Commerce," orCommercial Code"].
We certify t ha t the wording of thisletter of c:,edit is identical to thewording specified in Section 264.lS1(d)as such regulations were constituted onthe date shawn i~~ediately below.[Signature(s) and title(s) ofofficial(s) of issuing institution][Date]
C') A certificate of insurance asspe c Lf Le.d in 264.143(e) or 264.145(e)or 265.143(d) or 265.145(d) of these;.,~~uldtiG:!.s, must be '-lorded as follows,except t2at instructions in brackets areto be replaced with the relevant information and the brackets deleted:
~ame and Address of Insurer(herein called the "Insurer"):Xa~e anG Address of Insured([-i.erc=l. n c:c.ll\2d t ne 17 Insured tt) : ---------Facilities Covered: [List ror each
facility: The EPA Identification~umber, name, address, and theamount of insurance for closureand/or the amount for post-crOSUTecare (these amounts for allfacilities covered must total theface dmount shown below).]
Face Amount: --------------------------Policy Number: ------------------------Effeccive Date: ------------------------
3UC~
efiecciveon [d a t e
cur:
. , ~- .-wo rc s j u , ::>.
p r e s e n t a t ior:
La c e r J)
or c rec a t iss ha Ll, e xp I r e
.1.
!~a:~ shall be automa~ically
Zor a p e r i cd of [at Le a s t
Thisiettero [ rd a t e ] and
l;h~ aggr(lgate amouri t or [in'if}: }<"1:S $--) a va I La b Le U;Jl)Q
Region~l Adrninistracor(s)/Secretary~ta(e 0E Delawdre and/or Region(s)
Dc a r Sir or :'i<1dam: We he r e byi.::';:lllLi.sfJ nul" Lr r e voc a o Lc Standby Letti3r-,)!-' Crt-~ciit. No.---in y ou r f a vo r , a c t!"~C:
n·q'il~st <]:;0 for the account of [o wne r '.sr epe r a t o r ' s name and address] up t o
( 1) your sight draft, bearingr o f e r e nc c to this letter of credit"i0.--, a n.i
o t C;1e draft is payable pursuant tor~gul~tians issued under authority ofCh2 [State Statute]. II
y(~arJ on [date} ana on e2.C-:1 suc c e s s i ve~xpirdtlon dace, unless at least 120Jays before the current expiration date,\.,Je no t i f y both you and [owne r ' s orope r a t o r ' s name ] by c e r c i f i ed mail tha:.::(ve nave c ec Ld ed not to extend thisletter of credi~ ~)eyond the currencexpiration date. .:-nche event you areso no t Lf i.c d , any unused portion of the~redit shall be available upon?resenta~ion of your signt draft for 120d a , s a t t e r c he date of receipt by bothyou a r.d : owner! s or OiJ~rator' 5 name 1 ass h own on the s i g ned return. receipts.
~ ins e r t , i f ocher than the Secretary is'" nenefici.ary, "by anyone 0,[ you"] of
I am the chief financial officer of[name and address of finn]. This Let t e ris in support of this firm's use of thefinancial test to demonstrate financialassurance as specified in Su bpa rt H ofParts 264 and 265.
2. This finn gua r a n t e e s ,through the corporate guaranteespecified in Subpart H of Parts 2M. .t nd265, t:,e closure 0:' post-closure care ofthe folI0~in~ facilities owned oro o e r a ted by au bs Ld La ries 0 f :.: hi s f i rm ,7he c u r r e n t cost estimates f o r the
L This firm is the owner oroperator of the following facilities forwhich financial assurance for closure orpost-closure care is demonstratedthrough the financial test specified inSubpart H of Parts 264 and 265. ThC'current closure and/or post-closure coste s t Lrnat e s covered by the test are s hownfor each facility:
[Fill out the following four paragraphs regarding facilities and associated cost estimates. If your firmhas no facilities that belong in aparticular paragraph, wri te "None" inthe space indicated. For each facility,include its EPA Identification Number,name, address, and current closureand/or post-closure cost estimates.Identify each cost e s t Lma te as towhether it is for closure orpost-closure care.]
c a r e sof ac i Ll t y :
or post-closureare shown f o r ca c h
closureguaranteed
financial assurance for rinse rt "closure"or "closure and post-closure care or"post-closure care"] for the facilitiesidentified above. The Insurer furtherwarrants that such policy conforms in allrespects with the requirements ofSections 264.143(e), 264.145(e),265.143(d), and 265.l45(d) as applicableand as such regulations were constitutedon the date shown immediately below. Itis agreed that any provision of thepolicy inconsistent with such regulationsis hereby amended to eliminate suchinconsistency.
Yhenever requested by the DNRECSecretary of the State of Delaware, theInsurer agrees to furnish to the DNRECSecretary a duplicate original of thepolicy listed above, including allendorsements thereon.
(f) A letter from the chieffinancial officer as specified in§§264.l43(f) or 264.145(f) or 265.143(e)or 265.145(e) of these Regulations, ~ust
be worded as follows, except thatir!structions in brackets are to '::ereplaced 'With the relevant informationand the brackets deleted:
I hereby c e ct Lfy that the wording ofthis certificate is identical to thewording specified in Section 264.15l(e)as such regulacions were c ons t f t u t ed 0:1
the date shown i~ediately below.[Authorized signature for Insurer](Name of person signing][Title of person signi~~J
Signature of witness or notary: -------[Date J
LETTER FROM CHIEF FL~ANCIAL OFFICE...~
[Address to the DNREC Secretary and/orRegional Administrator(s) of everyRegion in which facilities for whichfinancial responsiJility is to ~e
demonstrated through the financial testare located. J
3. r n States where DNREC o rC:PA Ls no t administering the :'"inancialr e qu i r eme nt s of Subpart .:-i 0: Pa r t s 26!.and 26j~ t~is firm, ~s o~ne~ or 0geratoror g ua ran t o r , :_s r"!emonstrating f Lnn nc t a lassurance for the closure orpost-closure care o f the :ollowingfacilities through the use of a testequivalent or substantially equivalentto the financial test specified InSubpart H of Pa r t s 264 and 265. lhpcurrent closure and/or post-closure costestimates coveced by such ~ test ar~
shown ~or each facility:
No
10.
1. Sum of current closure andpost-closure cost estimates[total of all cost estimatesshown in the four paragraphsabove] . • . . . • . • . . • • • . • . • • • • • • • • • • $----
2. Current bona rating ofmost recent insurance ofthis firm and name of
.:i...LTERNATIVE II
a~ortization.••••..••••..••••••.•••••*9. Total assets in U. S. (required
only if less than 90% of firm'sassets are located in the U. S.) •••••
*8. The sum of net income plusdepreciation, depletion, and
*5. Current assets .k6. Current liabilities••••••.••••••••
7. ~et working capital (line 5 minus1 i ne 6] ••••••••••.•••••••••••••••••••
~3. Tangible net worth 4 ••••••••
*4 ~·;e t \lIO r t h •••••••••••••••••••••• • • •
.3' ILS line at least I-;10 '1" ? I.... IDJ...a...l.lon •••••••••• • • • • • t ••••••••••
11. Is line 3 at least 6 Itimes line l? ••••.••••••• ~ •••.••••••
12. Is line 7 at least 6 I Icimes line l? •.•••••••••• ~ ••••••••.•
7<13. Are 'at least 90% of 1 Jfirm's assets located in Ithe U. S.? If not, Icomplete line l4•••••.•••. L .
14. - Is line 9 at least 6 I jtimes line l? •••••••.•••• ~ •••• l.....
15. 1:s line 2 divided by I Ili.ne 4 less than 2. O? ••• ·f· •••• i .....
16. Is line 8 divided by I If
line 2 greater than O.l?.~ ••••••.••17. Is line 5 divided by !line 6 greater than 1. 5? .1••••• j •••••
I I
or
the
firm 1 S
asteriskfor
year-er.dthe latest
E'ill in
required"
§§264.143 or(e)(l)(i) of
of these
Co r:' teria or~: <2 26!r . 143 0 t:
(e)(l)(ii) ofor these
3udi:L':G.,f r orn
... :le
rnarked wi: n an
stat'2~entsfi na nc I a 1
[Fill ~:J .~l~~T';;'.:lcive c
of paragraph (f)(l)(l) ,"'-'2~.'~.145, or 0:: pa ra t rap a§§26S.143 or 265.I~j
RegulRtions are ~scJ.
Alternative I:::: i:' c r.e
paragr2p~ (f)(l)(il) -264.1'~5) or or [):J.rh.·:J;:-:l~n
§§ 265. ~:rJ c r _.;_-:. ~~5Regl11ations are used.
year.
1.. SurJ of c u r re n t closure ancpost-claS~lre cost esti~ates [total or211 cost 23t~~ates ~~own In the fourparagrd?~S above] ..•...........• S ...•.
J>
completed fisC2i year, ~~~2d [date].
[month, day] ..follow1 ng itemsare d e r i vedindependently
I.'-to
This firm [insert ·"is"is not required"] to file a Fo rm liJKwith the Securities dnd ExchangeCommission (SEC) for the latest fiscai
ope r at o r of the followi n.;; :-:'.)Z3 r do u swaste management facilities for whichfinancial assurance f o r closure or, if 2.
disposal facility, post-closure care, i snot demonstrated either to EPA or theState through t he financial test, JC any
other financial assurance cechanis~
specified in Subpart 1-i of Pa r t s 264 a nc265 or equivalent or substantiallyequivalent EPA or other Statemechanisms. The current closure and/orpo s t r-c Los u r e c os t estimates r.o z coveredby ~uch financial ~ssurance are shownfor edch facility:
*2. To ca.I Li a b.i Li t Le s [if any portion
Li a b t Li t i e s , y ou may deduct the amountor that ,")o:ction f rom [his line and addthat amount to lines J. (ina 4 •..•..•••. 1
of the:estimaces
-.:-losureis
or ~ost-closure
included incost
total
rating servic.e ••...•.•..•••.•.•.•3. Date of issuance of bond .••.4. Date of maturity of bond •••.
[Signature]r;;ame][T HIe JlJtlte]
I hereby certify that the wordir..g ofthis letter is identical to the wording')C'ecified in Section 264.151(f) as suchcegulations were constituted on the date,:,o,m ta'!leciiately below.
(g) A letter from the chieffinancial officer as specified inS§264.147(f) or 265.l47(f) of these'"i.egulations, must be worded as f o Ll ows ,except that instructions in ?rac~ets areto ~e replaced with the relevantinformation and the brackets deleted;
The owner or operator identifiedabove is the owner or operator of thefollowing facilities for whichliability coverage is beingdemonstrated through the financialtest spec i f Le d in Subpart H of Parts264 and 265:
[Fill out the following p a r ag r ap hregarding facilities and liabilitycoverage. For each facility, includeits EPA Identification Number, name,and address. ]
I am the chief financial officer of[owner's 0:' ope ra t o r ' s name andaddress] . This let ter is in support ofthe use of the financial test todemonstrate :in<"oc i"1.1 re sp on s t bili ty forliability coverage [insert "and closureand/or po s t r-c.l osu re c a r e ' if ap p l Lc a b Lc ]as spec Lf i ed in Subpart H of Parts 264and 265.
[Address to the D~"REC Sec r e t a r y annRegional Ad!"li:-.istrator(s) of every EPARegionCs) in which facilities for whichfinancial responsibility is to bedernon s t r a t ed through the financial testare Loca t e d , ]
[If you ar~ ~sin~ the financialtest to demonstrate coverage or bot h':'iability a nd closure a nd ?ost-closurecare, fill in the f o Ll.ow i ng fourparagraphs regarding f ac t I ~ ties andassociated c Los u r e and po s t vc l o su r scast estimates. If the re .i r e nof ac i Li t I e s z ha t be Lo ng in .:1 pa r t i c u La r
paragraph, wr i ce "No ne " in the space:1.ndicated. Fo r each f ac i Li t y , includeits EPA Identifica:ion ~uml~er, name,address, and current closure and/orpost-closure cost estimates. Ld e n t t fyeach cast estimate as to whether it 1S
for closure or post-closure care..]
ijIII!I1-i
!I
!
$----
$----
Yes
t hi s Ii ne J . 0 co Ci eo.,. (I e (I •• (I (I e e ••••••
*6. Total assets in U. S.(required only if lessthan 90% of firm's assets~re located in the U. S.) ...•..•
*5. Tangible net worth [if anyportion of the closure andpost-closure cost estimates isincluded in -total li2~ilities
on your fir,n's financialstatements, you ~ay add thethe amount of that portion to
i7. Is line 5 at least SlO Imillion? ....•.•••.•.••.•.•.• I8. Is line 5 at least 6 I:imes line l?eeocoo.eo ••••••
*0. ~re at least 90% of I
fir,n'~ assets located~~ t~e U. S.? If not,complete line 10 ...... (0. co (0 •••
l0. Is line 6 at least 6 jtimes line I? , -
I
Letter from Chief Financial Officer(to de~onstrate liability coverage orto demonstrate both liability coverageand assurance of closure or post-closurecare).
financial ~ssurance ~or closure or00st-closure ~are LS demonstratedr h r o ug h t:·a? i L:r,1nci..::.1 t e s t specified(;1 Suhpart: '. 0, ['arts 264 and 265.'i:e c u r r e n t closure and/or111)Jr..-c i o s u r o cost e s t i ma t e s covered by["l: ',~:;Lice shown for each facility:
:he owner or operator. .i c n ; i i [eel above guarantees, through: h~ corporate guarantee specified in.u np a r r d of Pa r t s 264 and 265, the
,:1');;1;::-'-'; and po s c-rc Lo su re care of theIo l Low i ng fc.cilities owned or operatedby Lr s subsidiaries. The current cost
T~Lis owner or operator [insert "isrequi red" ] to
the Securities(SEC) for the
"is not10K withCommissionyear.
The fiscal year of this owne r oroperator ends on [month, day J• Thefigures for the following items markedwith an asterisk are derived from thisowner's or operator's independentlyaudited, year-end financial statementsfor the La t e s t completed fiscal year,ended [date] •
required. orfile a Formand Exchangelatest fiscal
[Fill in part A if you are usingthe financial test to demonstratecoverage only for the liabilityrequirement s , 1
".hichcorr.:.icilicies
" .
t.:~;t i:=-:':1t:es ro r the closure»o s t r c Lc s u r e c.. r e so guaranteed
orare Part A. Liability Coverage for
Accidental Occurrences
other financial assurance mechanismspec i Eied in Subpart H of Parts 264and 265 or equivalent or substantiallye q u r valent EPA or other Stateoechanisms. The current closureand/or post-closure cost estimates notcovered by such f Lanc a a L a s surance ares hown for each r ac f I Lt y :
States where this'~~;lt(' ,'. ;::PA ~:5 not admt n Ls ce r Lng the"!;:;,n..:L"-;1 req'.lirements of Subpart H of?Lil't:S 204,,,,,,.. 265, this owner oro;~llr.t~(): ~ S liemonstrating financial;.:--~'-.)ilr:~:~l:\_~ . o r the closure or
,_ '- _, ,.:-t~ ,-:d:-e ,J:: the f o Ll.owl ng.ic ; .i, _:.~",,.; t~-:i-o-..:.gh the use of a test
"r;L:i \;,:1;'<.::1[ 0::- s ub s t a n r La Ll.y equivalent~o the ~tn3ncial test specified in:)ub;;art d or Pa r t s 264 and 265. Thec u r ro n t closure and/or post-closureco s t 'estiGiates covered by such a test,1 :~C~ s i.own for e ac h f ac iIi ty:
YES NO$--'----
$------$------
$------$-----$------
times line l?*10. Are at least 90% ofassets located in theU. S.? If not, completeline II.11. Is line 6 at' least 6
times line I?
7 Is 1 . 5 at least SIO. .... 1.nemillion?
8. Is line 4 at least 6times line l?
9. Is line 5 at least 6
ALTERNATIVE I
1. Amount of annual aggregateliability coverage to bedemonstrated*2. Current assets*3. Current liabilities
4. Net working capital (line2 minus line 3)*5. Tangible ~et worth*6. If less than 90% of assetsare located in the U. S., givetotal U. S. assets
[Fill in Alternative I if thecriteria of paragraph (f) (1) (i) of§§264.147 or 265.147 are used. Fillin Alternative II if the criteria ofparagraph (f)(1)(i1) of §§264.l47 or265.147 are used.]
acare,State
any
if
or
financialr o r wh i c hfor closure
-De owner or operatora bo vo ov...rn s or o))erates the
or,Eaci~icy, ?ost-closure~~ffionscr~~cd or thist~le ELnanc i a I test
i. /-j 11 L i ".= i
through
..lGsurancc
ALTER.'iATIVE II
1. Amount of annual aggregateliability coverage to bedemonstrated
*2. Current bond rating ofmost recent issuance andname of rating service
*3. Date of issuance ofbonds
4. Date of maturity of bond*5. Tangible net worth*6. Total assets in U. S.
(required only if less than90% of assets are locatedin the U. S.)
7. Is line 5 at least SIOmi 11ion?
8. Is line 5 at least 6times line I?*9. Are at least 90% of
assets located in theDe Se? If not, complete11 ne 10.10. Is line 6 at least S
times line I?
$------
$------
$------YES NO
ALTER~~ATIlfE I
1. Sum of current closure ~nd
post-closure cost estimates(total of all cost estimateslisted above)
2. Amount of annual aggregat~
liability coverage to bedemonstrated
3. Sum of lines 1 and 2*~ ~0tal lia~ilities (if ~ny
po~t:0n of your closure orpost-closure cost esttmatesis included in your tot~l
liabilities, you may ~educt
that portion from this lineand add that amount to lines5 and 6)*5. Tangible n~t worth'"6 • Ne t 1>1'0 rt; h*7. Current assets*8. Current liabilities
o ~et ~o~king capital (linf~
7 minus line 3)*10. :he sum of net incomeplus cepreci~ticn,
depletion, and amo r t i zn t i o n*12. :otal assets in ~. ~.
$------
$-----~
$------
$------1;-----$------$------
$-'-----
$------
(
[Fill in part 3 if you are using t~e
financial test to demonstrate a s su ra nc eof bo t n l.ia'Jility c ove r ag e and c Lo su r eor post-closure care.]
Part B. Closure or Post-ClosureCare anc Liability Coverage
[Fill in Alternat:,"",-e if thecriteria of paragraphs U)( 1)( i.) of§§264.l43 or 264.145 and (£)(1)(1) of'526 /':' . 147 are used or if the criteria ofparagraphs (e)(1)(1) of §263.143 or§264. 145 and ( £) ( 1)( i) 0 f §265. 16.7 areused. Fill in Alternative II if thecriteria of paragraphs (f)(l)(ii) of§§264 • .!.43 or 264.145 and (f)(l)(ii) of'§264.l47 are used or if the criteria ofpa reg rap os (~)(l)(ii) of 5265.143 or§263.1!.5 and (f)(l)(ii) of §265.l47 areused. ]
(~ecuired o~ly ~F less ~h3n
90~ of assets ~~e located,. ,) .. i
12., Is line 5 at leastS10 mf LlLo n?
13. :;:s line 5 at Lea s t :Jtimes line 3?
14. Ls line 9 at least 6times line 3?*15. Are at least 90% offi~'s assets located in~he U~ 5.? If not,complete line 16
16. Is line 11 at leas t 6tirnes line 3?17. :5 line 4 divided by
line 6 less than 2.0?18. Is line 10 divided by
line 4 greater than 0.1?19. Is line 7 divided by
line 8 greater than 1.5?
$------YES ~;O
~\.LT2RN?~TIVE rr
1. Sum or cur.ent closure andposc-clnsure cost estimates(t()tal of all cost estimatesl£s[(~J 3bove) $------
~ Amount of annual aggregate:~ahility coverage to be
(h) A corporate guarantee asspecified in §264.143(f) or §264.145(£)or §265.143(e) or §265.145(e) of theseRegulations must: be worded as follows,except that instructions in brackets areto be replaced with the relevantinformation and the brackets deleted:
CO~?ORATE GUA.~~TEE ?OR CLOSURE ORPOST-CLOSu~ CARE
!~ Cu r ....-::T1c co nd rn t t ng of;;:O:~"L i~i·c.l.2nt i s suanc e unci
.;.:n:le o f i:'i t 1. ng ~~ e r v i ceJatl: t)f -i x su.mc c o f bO~1G
',>. D.'1t(\ o f :::ut\jrit~1 of bl..-;:1c:k; ? . T ,'-! r; ~', i. b ~ t~ ;1:' t \.,"() r t h (i f
Guarantee mad e this [date] by [nameof guaranteeing entity] , a businesscorporation organized under the laws ofthe State of De Lawa r e , herein referredto as guarantor, to the Dt-KEC, obligee,on behalf of our subsidiary [owner oroperator] of (business address].
'.iU~j :'1,cty ':'l~:,-; r:.-:~::: ;)0r(~ ,'":,n
t c, t his . . nc :;;~ T() : :1 1 ~ ~ :.; 1." t S i:: :..: i: 2 0. ..").
L!" 1..(- S :.3 :: -::2 ~
,.;------
Recitals
1. Cua r ant.o r meets or exceedsthe financial test criteria and agreesto comply wi th the reporting-;:equi:-emencs for guarantors as specifiedin §§264.l43(f), 264.l45(£), 265.l43(e),and 265.145(e).
i.
3. "Closure plans ar-a" p o s t rc Iosu re plans " used below referasto the plans maintained as required bySubpart G of Parts 264 and 265 ror +-'-at...u.....
closure and post-closure care offacilities as identified above.
4 For value received rroo[owner or operator] , guarantorguarantees to D~K.EC t ha t in the eventthat [owne r or operator] fails ;:0
p e r f o rtn [insert "closure," post-closurecare or ..closure and post-closurecare"] of the above f acLlLt y CLe s ) l~
accordance with the closure orpost-closure plans and other permit orinterin status requirements when2ver
2. [Owne r or operator] owns oroperates the following hazardous waste~anagement racility(ies) covered by thisguarantee: [List for each facility; EPAIdentification ~umber> name, andaddress. Indicat.e for each whether3uarantee is ror closure, post-closurecare, or bo t h , ]
'..... 0 ~
Signature)~';~lmi.~ 1T i. t Ie!
~~)(~ci.fled i~ Se c z i o n 264~J..Sl(6) 23 SUCi-:
r e g u l a t Lon s we r e c ons t t t u t e d on t ne dateSh(1Wn i~mediately below.
guarantor shallrequired co do so, thedo so or establish a trust fund 2S
Zffective date: ---------------------[X~m~ of guarantor}iAut~orized si~nature :or guarantor][~ame of person signing]~Tit:e of nerson si~ni~~l
Signature of vTitness or notary: ------
11. GU2r~ntor expresslywa i ves no t i c e 0f=3.cceptance of t h l sgua r an t e e ~J" the D~~EC at' by [owner O~
op e r.a t o r ] . Sua r an t o r a Ls o IC!XP re s s Lywaives notice of amendments or~odifications of the closure and/or?ost-c10sur2 plan And of ~mendments or~odi~ications of the facilIty:;enit(s).
10. Guarantor agrees that if(owner or operator] fails to providealternate financial assurance asspecified in Subpart: H of Parts 264 or265 as applicable, and obtain wr i t t e napproval of such assurance from theDNREC Di rec tor wit hin 90 days ,1 fter anotice of cancellation by thegU2. r a n t o r is recei ved by a DNRECSec re t a ry from guarantor, guarantors ha l I provide such alternate financialassurance in the name of [owner oroperator].
(
that the wordingide.ntice 1 to the
in Section~egulations were
d a t a ~~ r s t a bo vc
9. Guarantor ,lgrcc's toremai.n hound under this gua r a n t e e f o rso long as [owner or operator] mustcomply with the applicable financi~l
assurance requirements of Subpart H ofParts 264 and 265 for the above-listedfacilities, except cha c guarantor maycancel this guarantee by sendingnotice by certified mail to the DNREC
Secretary and to [owne r or operator],such cancellation to become effectiveno earlier than 120 days after receiptof such notice by Doth DNREC and[owner or operator 1 as ev i de nc ed bythe return receipts.
facilit?
I hereby certifyo f t h i s gua ra n t.ee is~ord:ng specified2S4.lS1(~) as suc~
constitu~ed on th~
writ~~n.
specified in Subpart H of Parts 264 or265 as applicable, in the name of [ow~er
or operator] in the amount of thecurrent closure or post-closure costestimates as specified in Subpart H ofParts 264 and 265.
5< Guarantor agrees that if,at the end of any fiscal year beforetermination of this guarantee, theguarantor fails to meet the financialtest criteria, guarantor shall sendwithin 90 days, by certified mail,notice to the DNREC Secretary and to[owner or operator] that he intends toprovide alternate financial assurance asspecified in Subpart H of Parts 264 or265 as applicable. in the name of [owneror operator]. Within 120 days after theend of such fiscal year, the guarantorshall establish such financial assuranceunless [owner or operator] has done so.
7. Guarantor agrees thatwithin 30 days ar t e r being notified bythe D~~REC Secretary of a determinationthat guarantor no longer meets thefinancial test criteria or that: he ~s
disallowed from continuing as 2.
guarantor of ~losure or ?ost-closurec a r e , ~e' shall establish alternatefinancial assurance a s specified ,nSu bpa r t R or 2arts 264 or 265 3.5
3pplicable, in the name of r owne r 0=operator) unless (owner or operator] hasd o ne so.
6. The guarantor agrees tonotify the DNREC Secre tary by certifiedmail, of a voluntary or involuntaryproceeding under Title 11 (Bankruptcy),U. S. Code, naming guarantor as debtor,wj_thin 10 days after commencement of t~e
p roceedi ng •
8. Guarantor agrees ':0 remainbound under :his guarantee ~otwith
standing any or all of the f o l.Lova ng samendment or ~odification of the closureor post-closure plan, amendment ormodification of the permit, the extension or reduction of the time ofperformance of closure or post-closure,or any other modification or alterationof an obligation of the owner oroperator pursuant to ?arts 264 or 255 0:~~ese Regulations.
inst~uc[ions _~ ~raC~2:3 ~~e :0 ber c p iac e d wi t h t~2 r e Le va nt; in£or:nat:ionund the brackets deleted:
fu~ARDOUS Wl~TE FACILITY LI!~ILITY
Zi't"DORSL'fENT
insured for any such payment rJaQ2 ":Jythe Insurer. This provision does notapply with respect to that amount ofany deductible for which coverage isdemonstrated as specified in§§264.147(f) or 265.147(£).
This endorsement',·n:.:Ei:,s that: the policy to which the
is a t t ac ried provides, : .: ,i:' 1: f./ i ns u r o nc e covering bodily
_~d ~roperty damage in-"'~n~·~;·('·· .. ,._,,: ·.'v~tt;1 t he insured's
(c) Whenever requested by theDirector of the DNREC, the Insureragrees to furnish to the Director asigned duplicate original of thepolicy and all endorsements.
part of[name ofInsurer,
[name ofday of
of said
Attached to and formingpolicy ~o. issued byInsurer], herein called theof (address of Insurer j toinsured] of [address] this
19-. The effective datepolicy is - day of ---, 19- •
I here by certify that the word I ngof this endorsement is identical tothe wording specified in §264.l51(i)as such regulation was constituted onthe date first above written, and thatthe Insurer is licensed to transactthe business of insurance, or eligibleto provide insurance as an excess orsurplus Lf ne s insurer, in one or moreStates.
(e) Any other termination of thisendorsement will be effective onlyupon written notice and only after theexpiration of thirty (30) days after acopy of such written notice isreceived by the Director of DNREC.
(d) Cancellation of thisendorsement, whether by the Insurer orthe insured, will be effective onlyupon written notice and only after theexpiration of sixty (60) days after acopy of such written notice isreceived by the Director of DNREC.
afforded
coverageand the
subsectionsParagraph :2
if
limits of "the
~ ..."i th::his
the t e rms and?olicy; ?rovided,
provisions of the
i n s u ra nc e
of
for sucd e n accidentalwhich are insured for
3,l10::
..oc cu r rc nc e s ;
'~.I\/.' r:i~·~\? :. s ~i i f f e r e n c for different1__ t ...• Lll t"l.::;;, ':'Gciicate wni c n f ac i Lf t Le s
L;'~S~:;-,':- ~'i.~~:~fl.~~>,j: exclusive or; "';',.:ll .;o: ,~n",8 Ccjsts, Eor e ac h facility.~n '.Jl~ ;-, ':~ :~,\' en ~ s c nd o r s erne n t ..
c o n.i i r i o n-,
ho we ve r , chat zinypo l i c y ~nconsistent
(a) t h r o ug n (e) of
;:~ _<:,C~C;l to demonstrate financial:"',;""ns::);L::.y under §§264.147 or_,', .. -, / ; Th« coverage applies at:: ;~t EPA Identification Number, name,'~nc .iud r c s s f c r each f ac Ll i t y ] for;f0~ert "sudden accidental'·,':::C'I:-rt.!rlCes, "no nsudde n accidentalC,c(:,;crcnc<2s," or "sudden and nonsudden
:It.-e ne r c ov arnend ed co conform "\,';ithsU>L:)eLtio~~ (a.) t hroug h (e):
(a) :janK.l.·cl~tcy or i n s o 1.vency ort r.e t ns u r e d shall a o t; relieve theTn s u re r i:,f its obli:;;atiofi.s under the?olicy to which this endorsement isa.t t ac he d .
[Signature of Authorized Representativeof Insurer]
r"" -rL i yp e name J
[Title], Authorized Representative ot[name of Insurer]
[P~dress of Representative]
'::-:.ri!OUfi[ S c nydeductibie ~pp~ic&ble to c~e poli~Yj
HAZARDOUS WASTE FACILITY CERTIFICATEOF LIABILITY INSURANCE
(j)insurance§265.147exceptbracketsrelevantdeleted:
A certificate of liabiE tyas required in §264 .147 or
must be worded as follows,that the instructions inare to be replaced with theinformation and the brackets
Cb) The Insurer is Li a b.'..:' for thepayment of amoun t s v i t h.i n a nydeducti~le ~pplicable to the policy,with a r-igi:t of reimbursement by theinsured for Any such payment made hythe Insurer. This provision does notapply with respect to that amount ofany deductible for which coverage isdemonstrated as specified in§§264.147(f) or 265.147(f).
Paragraph 1:
1. [Name of Insurer], ( the"Insurer"), of [address of Insurer]hereby certifies that it has issuedliabili ty insurance covering bodilyinjury and property damage to [name ofinsured], (the "insured"), of [addressof insured] in connection with theinsured's obligation to demonstratefinancial responsibility under5§264.l47 or 265.147. The coverage~pplies at [list EPA IdentificationNumber, name, and address for eachfacility] for [insert "suddenaccidental occurrences, "nonsuddenaccidental occurrences, or "suddenand nonsudden accidental occurrences";if coverage is for multiple facilitiesand the coverage is different fordifferent facilities, indicate whichfacilities are insured for suddenaccidental occurrences, which areinsured for nonsudden ~ccidental
occurrences, and which are insured for~othJ. The limits of liability are[insert the dollar amount of the "eachoccurrence and "annual aggregateLfmLts of the Insurer's liability foreach facility covered by thiscertificate] , exclusive of legaldefense costs. The coverage isprovided under po Ltc y numDer---,issued on [date J. The effective dateof said policy is [date]. [Signature of authorized representative
of Insurer][Type name][Title], Authorized ReDresentat!~e of
[name of Insurer][Address of Rep~esentat!veJ
(e) Any other termination of theinsurance \vil1 be effective only uponwritten no t Lc e and only after theexpiration of thirty (30) days after il
copy of such written notice :8 r e c e i vedby the Director.
requested by thethe Insurer agreesDirector a signedof the po Li.c y .i nd
I hereby certify that t ae wordi.nl;of this endorsement is identical to theword i ng spec if i ed in §264. lSI( j) assuch regulation was constituted on thedate first above written, and that theInsurer is licensed to tr~nsact thebusiness of insurance, or eligible toprovide insurance as an excess orsurplus 2.ines insurer) in one or moreStates.
Cd) Cancellation of the insurance,whether by the Insurer or the insured,will be effective only upon writtennotice and only after the expiration ofsixty (60) days after a copy of suchwritten notice is r ec e Lve d by theDirector.
(c) WheneverDirector of DNREC,to furnish to theduplicate originalall endorsements.
2. The Insurer furtherthe following with respect
insurance described incertifiesto the
(a) Bankruptcy or insolvency orthe insured shall not relieve theInsurer of its obligations under thepolicy.
Subpart I Js~ J~d ~anageffient ofConz a t ner s
§264.170 Applicability.
subpart
of ccncainers ingovered by U. S.
Transportationthose set forth
Inspections.§264.174
[Com~ent: Reusetransportation isDepartment ofregulations includingin 49 CPR 173.28.J
a l l~~oroperators
in :hisThe regulationsapp"Ly LO owne r s a nd
At least weekly, the owner or operator must inspect areas where containersare stored, looking for leakingcontainers and for deterioration ofcontainers and the containment systemcaused by corrosion or other factors.
h.i z a r d ous wa s t e facilities that storecontainers or hazardous waste, except;1S §264.1 ~rovides otherwise.[Comment: Under §261.7 and §261. 33( c),11.' 'i ha z a rd cus waste is emp t i.ed from a.container the residue: remaining in thec on t a tne r ·LS no t considered a hazardousw.i s r e if the c onz a i ne r Is empty" asd<:>i'.:.ned En §261.7. In that event,J:lanagel7lent of the container is exemptfrn!:i the r e qui r eme nc s of this Subpa r t ,. ]
[Comment: Seef or remedialdeterioration or
264.l5(c) and 264.171action required ifleaks are detected.]
§264.171 Condition of containers. §264.175 Containment.
:::-1z(Jrdou~; wa s t e rrom t ni s container to~1 c on t a i ne r r na t t s in ~~ood condition
C o n t a i ne r
d e rec t s ) or "if it()~JT'~C or operutor
beA containment system mustand operated as follows:
( b)designed
(a) Container storage areas musthave a containment system that isdesigned and operated in accordancewith ?aragraph (b) of this section,except as otherwise provided byparagraph (c) of this section.
sc~e o t he r ida)'r e qu i r eme nz s of
hold i ~g hazardouscond i t ion ( e • g. ,
i.n
~ppa.rent structuralDe:; i n s to leak, the~tlS~ [ransier the
. ~~ - '.-.wi..L.li
in goodrustir-;:3,
is
th f S ?il r r .
o r ma riag e thet:-l.:lC c omp i i.c s
§264.l72 Compatibility of was~e withconta1.ners.
v?e['a-.':o~
of o rmus [else d
lined with
(1) A base must underlay thecontainers which is free of cracks orgaps and is sufficiently impervious tocontain leaks, spills, and accumulatedprecipitation until the collectedmaterial is detected and removed;
§264 0173 Management or cOll~ainers.
(a) :'. c o n r aa ne r holding ha z a rd ou sW:13te m;.lSC a Lway s be closed during
~3:eriRls whic}~ wi:l ~ot react ~ith,
.rnd are o t he rw i s e c ompa ti ole with theha z a rd ou s wa s t e to ~-:'2 stored ~ so thacthe .i b t Li t y of rile c o n r a I r.e r co co n t a i n
t he waste is not impaired.
The containmenc sys t emsufficient capacity to
of the volume of containers
(3 )have
(2) The base must be slopedor the containment system must beo t ne rw i s e designed and operated todrain and remove liquids resulting fromLe aks , spills, or precipitation, unlessthe containers are elevated or arcotherwise protected from contact withaccumulated liquids;
Jlust[0necessaryisstorage, except when it
aaa 0 r r erno ve wa s t e.
(b) A coneainer holding hazardousW.:iste must not De o pe nc d , handled, orscored inA. manner wruc h may rup t u r ethe c:ont .. liner 0;:' c au s e it to Le a k ,
or the volume of the largest container,'..lhichever is greater. Containers thatdo not contain free liquids need not beconsidered in this determination;
§264.177 Special requirements forincoIDp2tible wastes.
(( set:
not beunless
i nc orn
Ha za rd ou s W1.ste must not bean unwashed container thath~ld an incompatLbLe waste
(a) Lnc cmpa t Lbl.e wastes, orpati~le wastes and ~aterials
Appe nd Lx 11 for examples), mustplaced j_n the same c on t a Lne r ,§264.17(b) is comDlied with.
( b)placed inpreviouslyor material.
[Comment: As required by §2 h 4 . 1J , thewaste analysis plan must Includeanalyses needed to CO!~") l y wi th§264.l77. Also, §264.17(c) requireswastes analyses, tri.al tests or otherdocumentation to assure compllance with§264.17(b). As required by §264.7J,the owne r or operator must place theresults of each waste analysis andtrial test, and any documented tnf o rma t Lon , i r: the o pe rn t Lr-g record o f thefacility. ]
(5) Spilled or leaked wasteand accumulated precipitation must beremoved from the sump or collectionarea in as timely a manner as isnecessary to prevent overflow of thecollection system.
(4) Run-on into thecontair~ent system must be preventedunless the collection system hassufficient excess capacity in additionto that required in paragraph (b)(3) ofthis section to contain any run-onwhich might enter the system; and
[Comment: If the collected material isa hazardous waste under Part 261 ofthese Regula tio ns , it mus t be managedas a hazardous waste in accordance withall applicable requirements of Parts252-265 of these Regulations. If the~ollected T.aterial is dischargedthrough a point source to' waters of theUnited States, it is subject to therequirements of Section 402 of theclean Water Act as amended.]
(c) Storage areas that storecontainers holding only wastes that donot contain free liquids need no t haveQ contaiQment system defined ~y
oa r ag rap b (b) of this sec tion, p r ov i de dthat:
(1) The storage area issloped or is otherwise designed andoperated to dL~i~ and rewove liquid,esulting rrom precipitation, or
(2) The containers are<:>levatec! o r a re otherwise p r o t ec t er!=rom co~tact with accumulated liquid.
§264.176 Special requirements forignitable or reactive waste.
(c) A s t or ag e container hold Lng ahazardous waste that is incompatiblewith any wa s t e or other materialsstored nearby .in other containers,o i.Le s , open tanks, or surfacei~pound~ents ~ust be separated from theother ma t e r i a Ls o r protected f r orn themby means of a dike, be rm , ;.In 1:' , Dr
other d e v t c e ,
[Cornme n t : The pu r pos e of t h I s Sectionis to prevent fires, explosions,gaseous e n.i s s i c n , leaching, or o t ho rc i sc ha r g e of ha za rd ou s was t e orhaza rdo u s wa s t e constitutents whi c hcould ~esult from the '~ixing ofi:lcor:1p-:'.ti::'2.,:? was t e s or materials ~ F
containers ~reak or leak. I
[Comment: See §264.l7(a) foradditional requirements. ]
Containersr'e ac t I ve was t e15 meters (50property line.
ho LdLng igni tiable ormust be located at least
feet) from the facility's
§264.17B Closure.
At closure, all hazardous wa s t e a ndha~ardous waste residues '!lust heremoved fro~ the containment $yste~.
Remaining containers, liners, oases,and soil c ont a i nLng or contaminatedwith hazardous waste or hazardous wastere s f due s nus r :J'2 c.eco't.:1:nin;~ted or:-e!:!oved.
[Commenc:opc r a t a ..lg p e r t oc , un.Less t:-te owner J:
ope r a t o r c an d emon s r r a t e :':1 ac c o rd anc e'.;Ii th §26L 3( d) of these rl.e5u l d c i o n sthat the solid was t e r ezro ve d r r om t hecontainment s y s cem 1S uo t j ::...izaCdOuswa s t c , t~1(~ cwrie r or o p e r a t o r c ec oric s .:
scnerato1..... \J[ ha z a rd ou.s :';;J.sce ... i nc :::ust, lI L in
:"'r:£1 u i r erne n t s'..:it r,
?(} r t s
"_ ~:O.slG::} or abrasion through c ne use
Dr store hazardous was t e , exc e p t .:1S
Subpart J-Tanks
tanks that "::1i1f'OC
inspection ~rc
means ofprotection
li.ner orwith the
is free ofotheror
operator mus t
and practicesThese must
innercompatible
and wh.i c hholes
(2) Alternativep ro t ec t i o n (e.g., cathodicor corrosion lnhibitors).
(b) The owner oruse appropriate conr:ro1sto prevent overfillir~.
include:
(1) Anc oa r i.ng which iswaste cr ~aterial
L22KS, cracks,d2terioration; or
chis
to t r e a t
of
ope!:'~::ors
r e g u La t ionsto owners and
that use tank s
(b) Undergroundbe entered ~or
p r'o h i b i t ed ,
§264.190 Applicability.
(d) '~he
Subpart :i::1;Jl.Y
of f a c I Li t Le s
§264.1 .i nri p a r ag r ap h (b)Section provide otherwise;
(2) cor u~covered tanks,2aintenance of sufficient freeboard top::-eve"t overtopping by wave or windaction 0::" by precipitation.
§264.19l Design of tanks.
(a) Ta~lks must ~ave 3ufil~i2n:
s he ii and, :CJe c Lo sed t a n k s , p r e s s u r e
c o n t r o Ls (e.g., vents) to a s s ur e L:L-i~it
~l:PY d o no t collapse DC r up t ur e , .; ~-~e
Sec~etdLY will review the design 0~
the tanks, i~cluding the fGu~datio~~
structural support, seams and pressure
( 1) Controlsoverfilling (e.g, wastesy s t ern or bypass systemcank) : and
to preventfeed cutoff
to a standby
Cl.<Jickn2SS, c ne Secretary s na Ll -c21·~·
t~PO;l ,1(J;");..-o?riat:e Lnciu s t r i a.L -i e s i g n
maincained at all times co 2ns~r~
su r r Lc Ie nr shell strength. Fac t o r s C:,)
be c o n s i d e r eu in establishing mi n.irnumthickness include the W'idth, height,.i nri materials of construction of thet a nk , and the s pe c Lf i c g r av.i ty of thewaste which will be placed In the
d mini~unl she.L~
(a) The o~ner or operator mustinspect:
226~.1)3 [Reserved]
(1) Overfilling controle quLpme n t \.2.g., ,liaste feed c utvof fSySt2::lS anci ~y-pass systems) ca t, least:once each oper2~ing day to ensure thatIt is in good working order;
5264.194 Inspections.
thickness
estdblisning
controls.
tnnk.
::lUa other available
h:"astes and ether ma t e r La I sreagents) which
the rna t a r i a 1(e.g., treatmentincompatible w t t h
corrosion,
(2) Data gathered r r omconitoring equipment (e.g.) pressu=eand te~pera~ure gauges) ~here present)at least oric e each operating day toensure that: t~e t~nk is being operatedaccording to its design;
(3) For uncovered tanks, thelevel of wa s t e in the tank, at 1e.161:Gnce each operating day, to ensurecompliance with §264.192(b)(2);
be
areor
nor:tank
operating
thetank mustthe
General
tank un l.e s saccelerated
or
froru
t n f o rma t 1.0n.
§26L'.192
L"equiremenr:s.
~onstruction
f11.~lced i~l theprotectl.'o
( L)
ma t e r I a Ls ,YIc.f the tank,
The constructionthe above-sround portio~s
~t l~ast: weekly to detect
'T" waste is tored.l.ne s n!"
such a way that .; ~ is
§264.197 Closure.
§§264.195 - 264.196 [Reserved)
(a) Ignitable or reactLve wa s t emust pot ~e placed in a tank unless:
""':l'rial orcause the -..a s t e
(b) T~'le ovne r or operator of :l
facility which treats or storesigni table or r e ac tL ve waste Ln cove redtanks must comply with the buffer zonerequirements for tanks contained InTables 2-1 through 2-6 of the ~ational
Fire Protection Association's"'2lamma b:"e::nc r2o::::,usti bI c 1.L c uLd s
(3) T':le tank is used solelyfor emer6e nc i e s .
(2)treated in?rotected from anyconditions -..hi c h f'1ayto ~gnite 0~ r~act; or
[Co~~ent: At closure, as throughoutthe operating period, unless the owner'or operator can demonstr'Qte inaccordance with §261.3(d) of theseRegulations that the solid wasteremoved from his tank is not ahazardous waste, the owner or operatorbecomes a generator of hazardous wasteand mus t manage it in accordance withall applicable requirements of Parts262-265 of these Regulations. ]
At closure, all ha z a rd ous VIas te andhazardous waste re s t d ue s must beremoved from tanks, discharged c o n c ro Iequipment, and discharged confinementstructures.
(1) The waste is tre~ted,
rendered, or mixed be f o r e Or'LramedLa t e Ly a f t e r p Lac eme n t in trwtank so that (i) the r e suLt i ng waste,mixture, or dissolution of rna t e rt a I no
longer meets the definition ofLgn.Lt a bLe or react: i'le waste u nd e r§§261.21 or 261.23 ~f theseRegulations, and (if) §264.17C~) j scomplied with; ~r
§264.198 Special requirements forignitaole or reactive wastes.
corrosion or erosion and leaking offixtures and seams; and
(c) As part of the contingencyplan recuired under Su bp a r t D of Part264, the owner or operator mu s t
specify the procedures he intends to~se to respond to tank spills orleakage, including procedures and~i::!ir:.!; for expeditious removal of:2aked. or spilled waste and repair ofthe tank.
(b) As part of the inspectionschedule required in §264.l5( b) and inaddition to the specific requirementsof paragraph (a) of this section, theo~ner or operator must develop aschedule and procedure for a s se s s I ngthe condition of the tank. Theschedule and procedure must beadequate to detect cracks, leaks,corrosion or erosion which may lead tocracks or leaks, or wall thinning to:ess than the t~ickness required under§264.191. Procedures for emptying at ank to allow e nt ry and inspection oft:;'e interior !:!t1S~ be establi.shed t?hennec e s sa ry to Q·etect corrosion orerosion of the t;1:1:<. sides and bottom.The frequency of these assessmentsmust be based on the material ofconstruction of the tank, type ofcorrosion or erosion, protection used,rate of corrosion or erosion observedduring ~revious inspection, and thecharacteristics of the waste be Lngtreated or stored.
(5) The area i~~ediately
surrounding the tank, at least weekly,to detect obvious signs of leakage(e.g., wet spots or dead vegetation).
[Comment: As required in §264.15(c),the ow~er or operator must remedy anyleak, crack, or wall thinning inviolaticn of §264.l9l, or equipment orprocess malfunction in violation of§264.l92, whic~ he discovers durip.ginspection. See 29 CFR1910.94(d)(11) for Occupational Safetyand Health Administration requirementsrelating to entry of tanks fori.nspection. ]
Code" (1077 .)L L98l), \i.l''-8r?Or<~[ed byreference, see 260.11).
§264.199 Special requirements forincompatible wastes.
(.J) Incompatible wastes, orIncompatible ~astc~ and materials,must not be placed in the same tank,unless §264.17(b) is complied With.
(b) Ha za rd ou s waste must not bep l a ved in a n unwashed tank whi c hpreviously held Lnc ompa t i bLe waste orm.:1t~rial, unless §264.17(b) 1sc omp li e d 101 i t h •
[Comment; As required by §264.13, theIoInst!" analysis plan mus t includeanalyses needed to comply wi th§2f>4.199. ..\lsC), 'i2 Fj !+. i.7(e) requireswaste a na Ly s e s , t r i a I t e s t s , or otherdocumentation r o ·:'nsure compliancew l th §204.17( 0). ,\~; r e qui re d by§26!•. 73, the c,.....rne r or o pe r a t o r mustPLac e r i,e result s of each waste.ma Iy s l s .i nd t r t a I t cs t , and anydocumented information, in theoperating record of the f~cility. j
Subpart K - Surface Impound~ents
§264.220 Applicability.
gradients above and below the l I rie r toprevent f a i Lu r e of the lin(.\~ due tosettlement, compression, or uplift; ,'}nd
The regulations in this subpart applyto owners and operators of facilitiesthat use sur:ace impoundments to treat,store, or dispose of hazardous wasteexcept as §264.l provide otherwise.
(1) ~o~structed of ~aterials
~'hat have appropriate chemical?roDerties and sufficient strength arid:hickness to prevent fail~r~ dUG top r e s su r e gradients (including static'head and external ~ydrogeologic
forces), physI caL c critac t ....i t h thewaste or leachate to ,.;hich they areexpo se d , climatic co nd Ltf.on s , the
s t r e s s of installation, a nd the stressof daily operation;
(a) A surface impoundment (exceptf o r an existing portion of a surfaceimpoundment) must have a liner that isdesigned, constructed, and installed too r e ve n t any migration of wastes out oft:,e i.mpoundment to the adjacent~~~surf~cc soil or groundwater or'::.'rface :....a t e r at any time during the~cti.':Q life (including the closure~~riod) of the impoundment. The liner~~y ~e constructed of materials that;,;.'1Y .J.I2.ow ·...astes to migrate into the:'l.ner (jut no t into the adjacentsubsurface sailor groundwater or<u r f ac e '.....ater) during the active lifeof the facility, provided that theimpoundment is closed in accordance.~: th §264. 228(a) (1). For impoundmentsthat will ~e closed in accordance with~264.22S(a)(2), the liner must beco~structed of materials that can~!'e'lent wastes from migrating into the2.iner during the active life of the~~cility. :he liner must :e:
(1) The nature and quantityof the wastes;
allin
a Lt c r na t e
factors whichqua Li t y andproduced a nd
otherthe
leachate
Installed to coverearth likely to bethe waste or leachate.
( 3)surroundingcontac t ,vi t h
(3) The hydrogeologic settingof the faci.lity, including theattenuative capacity and thickness ofthe liners and soils p resent betweenthe impoundment and groundwater orsurface water; and
(2) The proposeddesign and operation;
(b) The owne r or operator wi 11 beexempted from the requirements ofparagraph (a) of this section if theSecretary finds, based on a demonstration by the owner or operator, thatalternate design and operatingpractices, together with locationcharacteristics, will prevent themigration of any hazardous constituents(see §264.93) into the ground water orsurface water at any future time. Indeciding whether to gr?nt an exemption,the Secretary will consider:
(c) .-'I. surface impoundment must be
designed, constructed, maintained, ~nd
coeraced to prevent 0vertoppingre su I t Lng from normal or a bno rma Iopc r a t Lo ns : overfilling; wind -md wav('ac ti.on; r a f nf a Ll.: run-on; maI f u nc t i o nsor Le ve l c orrt ro.l l e r s , aLa rms , "DC otherequipme~t; and human erTor~
(4) Allwould influencemo bf Lf t y of thethe potential Ear it to ~l~rat~
sroundwater or surface water.
operatingand§264.221 Designrequirements
(2) Placed upon a foundationor base capable of prOViding support tothe liner and resistance to pressure
(d ) Ahave dikesconstructed,sufficient
surface impoundmen t ;nus t.
that are designed.2nd maintained '.vith
structural integrity to
(2) Will not fail due toscouring or piping, 'Without dependenceon any liner system included in thesurface impoundment construction.
(c) Prior to the issuance of apermi t , and after any extended periodof time (at least six months) duringwhich the impoundment 'Was not inservice, the ovne r or operator mustobtain a certification from aqualified engineer that theimpoundment's dike, including thatportion of any dike which providesfreeboard, has structural integrity.The certification must establish, inparticular, that the dike:
or otherdikes or
thethe
be
(1) Will 'Withstandof the pressure exerted byand amounts of wastes toin the impoundment; and
(3) Severe erosionof deterioration in
containment devices.
c:tresstypesplaced
signsother
[Reserved]
j~64.226 Monitoring and inspection.
(.:::) ';'r-,e Secretary will specify in':,~ .)c;r:~: t ,ill design <:InC operating;.:-,Jctices that a r e necessary to ensure_:,_"t [,1(' r e qu Lrerne n t s of this section
(,l) During c ons t ruc t Lo n andi::.,l-dl.ltlnn, liners [except in the.::1:;<: or .rx Ls t Lnz portions of surface; ,:::'O\l:;([;;lt.~llt s e x emp t from 264. 221(a) ]',,,d "')'/er -c y s t crns (e.g., membranes,.hc o t s,.,r c o.r t i ng s ) .nus t be inspected-" ',·ll~o.c.:;:tJ', d amag e , and~~:)~r~t:ct.~J:1.S (e.g., holes, crac.ks,... -';:~(~~, ._ zo r o i g n .aa t e r La Ls ) ,
::::mec:Lltel./ • r r e r construction ort :1.3 t a 11 d t ~ (-':1 :
t)~cv~~nc ;~;lssive failure 0= ~~e dikes.1" ensurIng structural integrity, it~us:: not he p r e sun.ed that the liner~!st0m will function without leakageru r i ng the active life of the unit.
(a) A surrace impoundment must beremoved from service in accordancewith paragraph (b) of this sectionwhen:
liners andto e ns u r e
• J ~
l i ue r s ,1::,1 covers must De inspected
§264.227 Emer6encycontingency plans.
repairs;
~t rius t je Lris p ec t ed The dike leaks.(2 )
(1) The level of liquids inthe impoundment suddenly drops and thedrop is not known to be caused oychanges in the flows into or out: ofthe impoundment; or
lenses,or other
surface
"or :mpl'r£cct:oi1S i nc l.ud i ng_c:!('CZS, c ha nrie Ls , root holes,
"...wL~t..:kl~/ .i nd :r:l:~r s t o rrn s to detectl·v~~0nce nf dny of the follawing:
(1) De t e r Lo r a t Lo n ,.n.i Lf unc t i o n s , or Lrapr o p e r operation orovertopping control systems;
(2)o ~ t he
Sudden dropsim?our:dment's
in thecontents;
(b)rnus t berequiredsection,
flow orinto the
When a surface impoundmentremoved from service as
cy paragraph (a) of t r..Ls
the O'Nner or operator must:
0) Immediately shut off t hestop the addition of wastesimpoundment;
(2) Immediately. contain anys u r r ace leakage which has occurred oris occurring;
(4) Take any other necessarysteps to stop or prevent catastrophic.failure;
leak;(3) Immediately stop the (e) A surface impoundment that
has been removed from service inaccordance with the requirements ofthis section and that is not bei~g
repai red must be closed in a c co rd a nc ewith the provisions of §264.228.
(c) As part of the contingencyplan required in Subpart D of thispa r t , the owner or· operator mustspecify a procedure for complying withthe requirements of paragraph (b) ofthis section.
(5) If astopped by any otherimpoundment; and
(1) Remove or decontaminnteall waste residues, contaminatedcontainment system component s (liners,etc.), contaminated su bs o Ll s , andstructures and equipment contaminatedwith waste and leachate, and managethem as hazardous waste unless §26L 3(d) of these regulations applies: or
operator must:
post-closure
the owner or
andClosure
At closure,(a)
§264.228care.
leak c anno t bemeans. empty the
(6) ~oti£y the Secretary ofproblem in writing within sevenafter detecting the problem.
thedays
(d) No surface impoundment that>'.3.S ~een removed from service inaccordance with the requirements ofthis section taay be restored toservice unless the portion of thei~?oundment which was failing isrepaired and the following steps aretaken:
(2)(i) Eliminate freeliquids by removing liquid wastes orsolidifying the remaining WJstes nndwaste residues;
(ii) Stabilizeremaining wastes to a bearing capacitysufficient to support final cover; dnd
(C) Prorio ce drainage and minimizeerosion or abrasion of t~e fi~al cover;
(A) Provide long-term mi nLrn Lza t ionof the migration of liquids throughthe closed impoundment;
(iii) Cover the su rf ac «impoundment ~i:h a final coverdesigned and constructed to:
(E) Have a permeability less r ha nor equal to the pe rme a bI Lf t y of .i nybottom liner s y s t em or na t u rn lsubsoils present.
:ninimtlm
and
set t ~ i fl.!:;'! ridthe c cve r" s
(D) Accommodatesubsidence so thatintegrity is ~aintained;
(3) Fu nc r i o n
:naintenance:
(i) For any existingportion of the impoundment. a linertaus t be installed in compliance wi th§§264.22l(a); and
(2) If the impoundment was::-':l!;1oved f r ora service as the result ofJ sudden drop in the liquid level,:::e:1;
(1) If the iopoundment was:-eooved from service as the result ofac t ua L or imminent dike failure, thedike's structural integrity oust berecertified in accordance with~264.226(c).
(ii) For any otherportion of the impoundment, therepaired liner system must becertified by a qualified engineer asmeeting the design specificationsapproved in the permit.
p I a c e a c f i na I c i.o su re , t he owner or~?(~rator ousc co~ply with all DOS~
clo~ure =e~uir2mencs cJntained in;S264.ll7-264.L.O, .i.nc Lud.Lng mainten
... nee :17'"LC .non.i t o r Lng throughout the)0s~-clo5ure care period (specified inl::l<..' ~,e~-;nit under §264.117). The ovne rIJ~ 0p2~a~or must:
(2) The cost estimates calculated under §264.142 and §264.l44 forclosure and post-closure care of animpoundment subject to this paragraphmust include the cost of complyingwi th the contingent closure plan andthe contingent post-closure plan, butare not required to include the costof ex?ected closure under paragraph(a) (I) of this section.
(1) ~~intain ~he integrityL;~r.'. '-'c~'<..:cciveness of the final cover,. :~~~:~"ding making repairs to the cap as.",,"C·.':·".;ary to correcc the effects of,,2'.::1:.ng, su os Ldence , erosion, or(>c,-,;;C e ve n t s ;
§264.229 Special requirements forignitable or reactive waste •
Ignitable or reactive waste mustnot be placed in a surface impoundment, unless:
no t LG::iP::: 'Jlt:-: :~e Li ne r requirementsu. :::::0';'. :':"::"::..=.) .znd is no t exempt f r om::::<.:;" :0 .ic c orc a nc e ';.;rith §264.22l(b),
.i n owner or o pe ra t o ris264.17(b)
The waste is treated,or mixed before orafter placement in the
so that:
(2) Sectioncomplied with; or
(1) The resulting waste,mixture, or dissolution of material nolonger meets the definition of ignitable or reactive waste under §§261.2lor 261.23 of these regulations; and
(b) The waste is managed in sucha way that it is protected from anymaterial or conditions which may causeit to ignite or react; or
(a)rendered,immediatelyimpoundment
monitor thesysten and
applicableE of this
run-on andor otherwise
s u r r ac e Lmpoundmerrt)aragrapn (a)(l) of~~e i2poundment does
morri t o r Lng.~ll o zrie r
): Subp a r t
;'!aintain and
.~3) Pre ven c. :"CYJ eroding~"e .fl.llal cover.
. , c,
can :)*2 ?=-ac::=-'::::..J.D';"Y ::-c::-n.ovea. at closure;
',1'...1':; ~ . ,"1': 1. .j(~;~ ~j ~ ~~ c: ~~ ~a. n £c r C OiJ1P lying'...;_~rl ;;:·lr~ib:-.J.pn \:2)(:) OJ: :~Lis sect:iondn.:; ..j c o n t i n ..;ent :?..L~i1 :;or c omp LyLng;.rL~h pa r a g r a pn (a)(2) oi this section~r; c a s e nc t a i L c crrc azu na cad subs o i Ls
O?~~iitor ;llUSt p~epare
~)o~t-cl()~ure plan underc omp Ly i ng :Jl.th paragraph
is
for
(c) The surface impoundmentused solely for emergencies •
§264.230 Special requirementsincompatible wastes.
Incompatible ~astes, or incompatiDle wastes and materials, (seeAppendix V of chis part for examples)must not be placed in the same surfaceimpoundment, unless §264.17(b) iscomplied '..lith.
0::-ownera c orrt Lng e nt;§264.118 for(b) of this
closure plan'.lnder §264.112
,. , ~ '.,ll)
.... ::i.~OU I1G.ill.e r:.t.. c-.e~ .,...,.. ....
,";2C (ion a n ca s e not 0.11 c o nr ama na t e ds u bs o i IS Ca:1 je p r ac t Lc a bLy r emo ved atclosure.
Subpart L - Waste Piles
§264.231-Z64.249 (Reserved]
(1) Liquids ormaterials c cnt a i nf ng free liquids a renot placed in the pile;
(c) The owner or operator of anywaste pile that is inside or under astructure that provides protectionfrom precipitation so that neitherrun-off nor leachate is generated isnot subject to regulation under§264.251 and those requirements ofSubpart F that the Secretarjdetermines not to be necessary,prOVided that:
operatingand
the stress of,;"d the stress ()f da Ll.y
§264.251 Jesignrequi. r'emerrt s ,
Ca) A ,-,aste pile (except for anexisting portion of a waste pile) musthave:
c o nd i t:'ons,installation,oper-ation;
(1) A liner that isdesigned, constructed, and installedto prevent ~ny ~igration of wastes outof the pile into the adjacent subsurface sailor ground wa t e r o r surfacewater at any time during the ac ti velife (including the closure period) ofthe waste pile. The liner may beconstructed of materials cha c mayallow waste to migrate into the lineritself (but not into the adjacentsubsurface sailor ground water orsurface wa t e r ) during the active lifeof the facility. The liner must ~e:
(i) Constructed ofmaterials t ha t have appropriatechemical properties and sufficientstrength and thickness to preventfailure due to pressure gradients(including static head and externalhydrogeologic forces), physicalc on t ac t ;.;ith t he '".;aste or lea.chate towhich the; are exposed, cLimatic
in thisoperatorsor treat
except as
in thisowners orthat are
in place.subjec t toN of this
regulationsto owners and
that storein piles.
otherwise.
§264.250 Applicability.
(a) Thesubpart applyof facilitieshazardous waste§264.l provides
(b) The regulationssubpart do not apply tooperators of waste pilesclosed with wastes leftSuch waste piles areregulation under SubpartPart (Landfills).
or the '..aste by '..rind, ,... here necessary,by means other than wetting; Qnd
(2) The pile is p r o t ec ted from surface water run-on by thestructure or in some ot~er ~anner;
collection
cover all':0 be in
wastethe
Installed toearth l.ikely
(iii)
( "\\, - /
surrcund ; ng
(ii) ?laced upon A. foundation orba s e c ap a bl e of pr ovfd Lng support to~he -~i!1e= c nd r e s Ls t a nc e to pressure~r2.cients 200ve and ~e~ow t~e liner too re ve ric failure of the lin(~r Cue tos~t~~e~ent, ~c~nression, or u?lift; ~nd
:ontactand
'.1ill nc t
decowposi
is designdis::ersal
The o i Leto control
(3)operatedanded
(4) The pilegenerate leachate throughtion or other reactions.
and ~2~oval syste~ i~mediat~ly above':he ::"iner that is designed, c oris t ruc ted, madrrt ad ned , and operated tocollect ~nd remov~ leachate from thepile. Secretary ;,,oil L spec i f y
GCS1(~n dn.:L cper.3.t:i_1.ci c o nd i ·cion:: in ::lept2r~lit t c i..:'::1SU1~e c ha t [he Leac ha t c
c e p t h cve i: t he Li ne r does :''lOC exc e edandand
to::0 C In ( 0 f'..2 f cot) .c0l1cc~ion 3n~ re@ov~l sy 3 t em 'L!l.US t be:
(4) All other factors whichwcuLd influence the qualitymobility of the leachate producedthe potential for it to migrateground water or surface water.
\~) Construcced
(:'~l) Chemt c a Lly resistent to~~;~.-j s tz i:1,:] na gec in t he pi Le and
,_·~::'~::-~:·~~2 ':~~(1)ecteG to be ge ne ra t e d ;
of
thethe
dna
(c) The owner or operator mustdesign, construct, operate, andmaintain a run-on control systemc apa ore of preventing flow onto theactive portion of the pile during peakdi~charge from a~ least a 25-yearstorm.
(b) i~e o~n~r of oper&tcr wi:l be
(e) Collection and holding facilities (e.g., tanks or basins)associ~ted with run-on and run-offcontrol systems must be emptied orot~erwise managed expeditiously afters t o rms to maintain design capacity oftile system.
(f) If ~he pile contains anyparticulate matter which may hesu oj ec t to wind dispersal, the owneror o)er.s.tor must cover or otherwiseaariag e the pile to control winddispersal.
(d) The owner or operator mustdesign, construc~, operate, andmaintain a run-off management system1:0 collect and control at least thewater volume resulting from a 24-hour,25-year storm.
(g) The Secr-etary ~~ill specify inthe permit all design and operatingpractices [hat are necessary to ensurechat the requiremants of this sectione.re satisfied.
;r-2vent
and
::equi:r2mentsche.:rOr:l
In deciding wn2ch2r LO grant anLime.
migratio~ of ~ny hdzardous Co~stiL
~~n[s (~~~ §26~.93) into ~he groundwa t e r or su r f ac e wa t er 2~ s.n y f u t ure
; ,I) Of sufficient s t r e ng t handt~·~~~ess to prevent collapse under:: ,L~ pre s su r e s exerced by o ve r Lay i.ng'Wdsr:es, wa s t e cover macerials, and 0y~ny 2quipment used at the pile; and
(1) T:ie na t u re ~nd cuan t t t yof t~2 va s t e s ;
»a r agrap h (a) or t~1is se c t i o n if theS2cretai-Y· find ..3, J3SeC 0(1 a d emons c r.at i o n oy ~~e c.,',·n:.f:r 0:: c:J2rctcr; :~:dL
(11) Designed and;;).~:.-..i t cd to f u-ic t Lc n :.~itl:out c.:;"0:S:;J.Ii6Lt:~-()~lgil. t ne sc nc d u i e o c Los ur e 0: t ae
(2) T~e ?ro?osea aiC2rna~e
de5lb~ a~d operation; 3264.252 - 264.253 (Reservedj
t:1e pile a nd ground water or surface;..later; ar.d
(3 )s e t t i ng o f<1tt2nuativei:he liners
The hydrogeolog~c
t ne :acility, includir~
c apac i t y arid thickness 01:
anc soils p r e s an t bet;'leen
§264.254 Monitoring and inspection.
(a) Durir~ construction 0r
installation, linern [except in :hecase of existing portions of ?ilz8exempt from §264.251(a)] and coversystems (e.g., illembranes, sheet~, O~
coatings) must be inspected foruniformity, damage, and imperfections(e.g., 1:10188, c racks , zhtn spots) or":orei6~1 ;:uaterials). ::::cmediately ar t a rconstruction or installation:
it to ig~ite or react~
(1) Synthetic liners andcovers must be inspected to ensuretight seams and joints and the absenceof tears, punctures, or blisters; and
( :,)as vayoaterial
The ;.;aste is manaz ed in s uc hthat is protected !:rom anvor conditioQs which ~ay cause
(b) While a waste pile is inoperation. it must be inspectedweekly and after storms to detectevidence of any of the following:
(3) The presence of leachatein and proper functioning of leachatecollection and removal system, wherepresent.
(2) Soil-based and admixedliners and covers must be inspectedfor imperfections including lenses,cracks, channels, root holes, or otherstructural non-uniformities that maycause an increase in the permeabilityof the liner or cover.
(1) Deterioration.tions, or improper operationand run-off control systems;
wastes, orand ma t e r i a Ls ,this o a r t f o rplaced .:. n the§264.l7(:') ist;TIJ..€SS
(c) Ha za rd ous Tol1aste mus t noton the same base where incomr.,~s t e s or materials were
pile,
oe~, wall, or other device.
o r e v i ous Ly p Ll.ed , un.l e s s t h e base has~~en deco~:~~i~ated sufficiently to~~sur~ C0~9'~~n.CP ~it~ §264.17(b).
5264.257 Special requirements forinconpatible wastes.
oe ;:,iledpatib2.e
same
.. ,c.::'Ke~
(0) A pile of hazardous wastethat is incompatible with any waste orother material stored nearby incontainers, other piles. open tanks,or surface impoundments must bese?ar~ted from the other materials, orprotected from them by means of a
ccm.pl~ed withQ
(a) IncoffiDatibleincompatible wastes(see AppeQdix V ofexamples) ~~st ~ot be
malfuncof run-on
Prcpe r f unc t Lona ng ofcontrol systems, '..;here
(2)dispersal
present; andwind
§264.255 [Reserved]
§264.256 Special requirements forignitable or reactive waste.
unless
pas t-closur~
'·laste
and
~..'3.Zar::'0US
Closure
0: these re~ula~~ons
t:-:c!:: ,'3.5
~26'::". 3(;:)
526'-.258care.
(a) At closure, the owne r oroperator must remove or- d e c ont am.i.na t eall wa s t e r-esidues, c o n t ami natedc o n ta Lnme nt; s y s t ern components (liners,et~.), ~ontaminated subsoils, ands t r uc t u r e s a nd eQu:,pClent ccn t amf na t ed~..;i:h ,"vza s t e a nd Leac h.t t e , !..~c n"L:lnage
or reactive ',,;aste musti~ a waste ?ile unless:
The waste is treated,or ~ixed before orafter placement in t~e
Ignitablebe placed::ot
(a)rendered,i:::mediatelypi 1.: so that:
(1) The resulting '"aste,~i~ture, or dissolution of ~aterial ~o
Lo ng e r mae t s the definition of ignitabl e or reactive waste underj§261. 2::..or 261.23 of these regulations; and
(2) Sectioncomplied with; or
264.17(b) is
orand
e~£ec: ~e!!lovRl or ~econta!'!lination ofcontaminated c ccccne nc s, subsoils,s t ruc t u re s , and -=.qui?cent .1£ requiredi.n nacag r-aph (a) or this section. theowne r or o oe ra t or fi::ds t ha t not ;'111contami~ated subsoils can bep r ac t Lca b.l y t"e:7l()V~t.:: or d ec on tnrn i na t ec ,
~264.271 Treat~ent program.
(a) An owne r or operator subjectto this subpart Bust establish a landtreatment program tha~ is designed toensure [hat hazardous c ons t Ltuenz splaced in or on the treatment zone aredegraded, transformed, or Lmmo bf.Lf.zedwii:hin tee treatment zone. The Secret:ary ~ill specify in the facilitypenni t the elements of t:he t rea traencprogram, including:
cC"oo
c a r e
r e qu.i r erae n t S
post-closure
~~e owner cr operator
Li ne r
(c:)(1-)
.::losu.cet he
~b~ .. 25:.( ,... ) (1) and ~s no: ·2X2ITlDC ~row
t hci.: z. ,1 d.':':CO r d.mc e wi t h §§264.25C(c)
~,~~t:ir2!nenC3 that apply to landfills-' -.- r. ". I '"'\" f'\.'\·jL.o";' • .JJ..vj.
:12 :,l.US: ~;~).3;'; t r.e E..2.ci.lity ..:.r:·~ci ~·) .e r r o rrs?os~-closurQ care in acco=ciance ~itt
(1) IGclude in the,'~\,.;.ur,= ;Lln f o r the p i Le under~~o4c~12 oath 3 ?l~n :or complying\.;i t.i p~ragratJi1 (<.1) of this SeCClQn ana,1 -::ont:'r:.i~e:1[ p i an for c omp Lyi ng wtt h;:<:1 r'"tl.;~!""·.lritl <:)j:)[ t a i s s e c c i o nnor. all c o n t arm na r ad s ub s o i Ls,-.r,-·u'cic"::':'li:"Y .:.-2=::lt)'ll:Cl a t; c I o s ure ;
can De.:::Lnd
:.-i
c nc e r
(1) Th e was t e s that a recapable of being treated at the unitbased on a demonstration under§264.272;
(2) Design measures ando?eratir~ practices necessary toraaximize the success of degradation,transformation, and immobilization~rocesses in the treatment zone in~ccordance with §264.273(a); dnd
.s : :~O:Tl~)":"Yln6 ~fitr: pa r agr ap n.~~ :~; .)(:,,-: t ~on s: r: c a s e riot: 2.11
.: .-, .: f
. - .. / ........ ; -
can oe(3) Unsaturated zone
illonitoring provisions meeting the~eq~ire~ents of §264.273.
.~~lUL!2 ~~~ cos: af ~i)~plyLng wltn the:.-()-1;:·~r:.~er;,:: ,~~:.;sure p Lan ana the
. : l) ::. :- t.~ C \.i i ('~ ~-: _ '-.,; _ :.-....:: ~ ~..: 2 -.., -=- 2.,) S to::
,~:<?eCl:t:Q ....:,~QSU:--= ,.:r:;':'L:i: ~.;:Lt:ig=~prl (;:.,.)
("0) '::2:1e Sec r e t a ry ::A/ill specify z.nthe facility permit the hazardousconstituents that must be degraded,transformed, or Lmmob i.Ldzed under t h.i ssubpart. hazardous constituents arcconst:ituents identified in AppendiXV.L.Ll. of Pa r t 261 of these reguLac t oasthat are reasonaDly expec~ed to be ~n,
or cierived from, waste placed i~ or on:~e treatnent zo~e.
§264.270 Applicaoili:y.
§10~. 2'59-264.269
surface
zone is :~:-:c
landiil.clud.in;.~and
;:;er:ni t .
(c) The Secretary will specify ~~2
ve r t Lc a L and horizontal d i men sa ons c.:=he treat=enc zone in the facili~yT-re2'C.:J.entLanaSubpart ~'<l
~he treatment zone must be:
wh~ch the owner or operator in~ends ~c
raai n t aa n t ne condit:ionseffective d egr ada t Lon ,or i'lliIDobilization
necessary "r -,'
transf o rraa t i on ~
of hazaraou:.;The maximum depr.n c:COI1Sti t ue rit s ,
.:.lP:)lY c,'; owne r s ,:inc o p e r a co r sf a c i 1 i t t e s t na c Cl:"2a.C 0;: dis?OS2hi..1zurdou~ w2s~e in ~d.l:.d t:reciC~'J.(:nt
llnl:s, 2xcep~ as ~264.1 p~ovijes
c.t he r:oI/: s e Or
:::et2rs (5(l) ~,;o sore t ha n
r e s r ) :::-08 the initial 30lJ..
surface; aad
( 2)(3 reet) above thetable.
~ore than 1seasonal high
meterwater
(iii) The~he sur~ounding area;
(i) The c ha r a c t e r i s t Lcsof the waste to be tested;
(if) The operating andno nf t o r f ng mea su rc s taken during thecourse of the test;
(3) Be conducted in a mannerthat protects human health and theenvironment considering:
(iii) The d u rn tLo n of~he test;
( i. v ) ·"'h vol urne of;. ..ewaste used in the test:
ZOTie
ofror
operating
operatingunit.
c ha r ac t e r Ls t i c streatment
and
the casepotential
constituents
Design
(v) Thepractices to be used at the
§254.273
to ground water or surface water.
(2) Be likely to s how t ha t
hazardous constituents in the waste tobe tested will ~e ~ompletely ue~r~ded,
t r an sf o rme d , or i::nmobilized in thetreat~ent zone of the proposed landtreatment unit; and
(v) Infield tests, thet:ligration of hazardous
(iv) The
of the soil in the(including depth); and
§264.272 Treatment demonstration.
(a) For each waste t ha t v,;'ill beapplied to the treatment zone, theowner or operator must demonstrate,prior to application of the waste,that hazardous constituents in thewas te can be completely degraded,transformed, or immobilized in thet=eatment zone.
(b) In making this demonstration,the owner or operator may use fieldtests, laboratory analyses, availabled~ta, or in the case or existingunI t s , operating data. If the ownero r operator intends to conduct fieldt e s t s or laboratory analyses in orderto make the demonstration required-md e r paragraph (a) of this section,ne must obtain a treatment or disposalpern.it under 5122. 27(c) c !teSecretary -,.;ill specify in this permitthe testing, analytical, design, andoperating requirements (including theduration of the tests and analyses,.1nC in the case of field tests, thehorizontal and vertical dimensions ofthe treatment zone, monitoring procedures, closure and clean-up activities)nec e s sa ry to meet the requirements in~aragraph (c) of this section.
(c) Any field test: or Labora t o rv1nalysis conducted in order :0 raake ademonstration under paragraph (a) of
c oris t ruc t ,or
Ln nd:he
,.,;::.1.1 sped fy 1;: theT:.... ~ 3ecretar-v,.. .... ,.=2-C:''':'':'~~:
(1) Accurate1v si=ulate t~e
characteristics and o?erating conaitians for the pr op osed land t r e a ttae nt\luit including:
t re a ttne nr uru t .: n c omo Lfanc a :..;1. rh this(i) The characteristics section.
of the was t e (including the p r e se nc eof Appendix VIII of Part 261 of theseregulations constituents);
andc ons t t t
(a) The owne r or ooe r a t o r raus t
area;( ii) The climate in the
design, construct, op e r a c e ,maintain the unit to maximizede~radation, transformation,:mmoDilizatio~ of h~zardous
andthe
ue nz s :Ln theor
(f) If the treatment zone cont atns particulate matter which may besubject to wind dispersal, the owneror operator must manage the unit tocontrol wind dispersal.
construct, operate j ~nd 8a~nta1~ theunit in accord ~ith all design anaope~~ting conditions that were used int~<: treatffient demonstration under§264.272. At a illi~imum) the SecretarjwiL L specify the following in thef."lcility p,=rmit:
(1) The rate and method c i
(;) The owner or operatorinspect ~he unit weekly andsto~s to detect evidence of:
mustafter
~~dsures to control soil
\ ..';l:..ite 2pplicati()nz one ;
( 2)
co the treatment:(1) Deterioration, malfune
tions, or i~proper operation of run-onand run-off control syste~s; and
e nna nc e(2) Improper functioning of
wind dispersal control measures.m i c r o b La l o r l.~I.;~i:~.ic2:" r e a c t i o ns (2":;4)
fertilization, cillin~); a~d §264.274-264.275 [Reserved]
(~) >L~J.surQs
contenc')f the:to control theL r e e t men t zone.
§264.276 Food-chain crops.
~o:lstitlleI1ts uuriag t~2 active life ofof
,,,:,Q
tohazardous
The Secretary may allow the growthof food-chain crops in or on thetreatment zone only if the ovne r oroperator satisfies the conditions ofthis section. r ne Secretary willspecify in the facility permit thespecific rood-chain crops which may begrown.
notfood or f e ed
by plane lip t a xeand \dill no t
;·lill(1)to the,
t ne C:r'OP
contact,
t r a n sf erred..»o r c tons of.01"" d i rec t
(a) (1) The owner or operatormust demonstrate that there is nosubstantial risk to human healthcaused by the growth of such crops inor on the treatment zone by demonstrat':'::lg, prior to the planting of suchcrc?s, tnat hazardous constituencsother ~han cadmium:
-:-.a~ase=t2n::
c o ur :":)1
:~;1-0~ ~oGc~ol sys~em
~-;:-2'/CnL~=-~.:; -:1.):..:- 0~~~O the
c o ns c r u c c ,
:=0 C'oLI~... :: Bond·.."i~;.,:;r ',;0 l',.:.7:ie r e s ult Ln.; {:-o:::2::'-:l-2ar "";CCi.""Ti!..
\. \. /
i.,e) Coll2c.tion ':~-1C.
rae r11 c i e s (e. !:. , t..l:A.ks o r
~ssociated vith run-on a~d
bas:nB;~un-o~':
oLheruise ce i~ested cy food-chain3ni~als (e.g., ~y ;razing); or
conteol systems ~ust be 2~pti2d V~
g~2ater concentration In or on ~~~
food or feed portions of crops g r ovnon th2 t rea cme n t zone than in or onidentical ~,ortions of the same c r o osgrown on untreated soils Gnder similarcor.ditions in the same region.
oc ne rwi s e manag e d~[ormS co maintainof the syste:n.
expeditiously ~rt~~
the design Cd?2city
(ii) ~'iJ....:..l. not occur rn
(2) !he owner or operator ~ust
make the demonstration required underthis paragr.aph prior to the planting ofcrops at the facility for allconstituents identified in Appendix VI!Iof Part 261 of these regulations thatare reasonably expected to be in, orderi ved from, waste placed in or on thetreatment zone.
(ii) The annual application of C2.Ci:n~t.::C from waste ~ust notexceed 0.5 ki Log r arns per hect.are(kg/ho) on land used (or production oftobacco, Le af y veg e t a b Le s , or rootcrops grown for human consumption,For other food-chain crops, the annualcadmium ap pLf c a t i on rate mus t notexceed:
AnnualCd
:nDl lcatLon r.Qte(ki10gr~m::;
perhectare)
(3) In making a demonstrationunder t:11s paragraph, the owner oroperator may use field tests, greenhouses cuc i e s , available data, or in the caseof existing units, operating data, andoust:
(i) Base the demons t r ation on conditions similar to thosepresent in the treatment zone, ineludes soil characteristics (e ..:s., pH,cation exchange capacity), specificvasce s , application rates, applicationmethods, an~ crops to be grown; and
Time Peri'Jd
Present =0 June 30, 1984 ...••••July 1. 1?84 to Dec. 31, 1986..Beg Lrmi nr; ':,2T!. 1, 1987c ••• ~ .. e.,.
2.01. 250.5
anpliec to the trea~ment ~one:
(ii) Describe theprocedures used in conducting anytests, including the sample selectioncriteria, sample size, analytical~ethods, and statistical procedures.
(4) If the ovne r or operatorintends to conduct field tests orsreenhouse studies in order to makethe demonstration required under thisparagraph, he must obtain a permit forconducting such activities.
(i"'l) If" t he ."t'"aste andsoil mixture ~as a ~H of 6.5 orgreater or is na.i nt e t ned a t Cl ?:-t of6.5 or g re a t e r during c z op g r o wt h , thecumulative application of cac~iu~ fromwaste must not exceed: ~ ~g/ha ifsoil cation exchange capacity (CIe) isLe s s t han 5 meq/ lOOg; :0 k.g/~a if soi 1CEC i.s 5-15 ~eq/100g; a nd 20 ~g/:la ifs o i ; ~:EC :':"5 .~=--eater ~:lCin 15 ~eq/1.~iOg;
:-ess thnn
cumulativewaste mustwaste a nd
6.5; 8.:J.dsoil :'7:.ixtur-e na s 2 p:l of
(::'i) Theapplication of c2dmium fromnot exceed 5 kg/ha if the
o~~er or operator mustthe following conditionsis contained in ¥astes
(b) TheCOQply with:.r cadmium
or(1)( i) T:'1e pH of the '.;aste
7r:-~ of thesoil r::ixtur~ must: be 6.5 or
and soil nixture must be 6.5 orgreater at the time of each wasteapplication, except for ',;aste containing cza~~u~ 2t ~oncentrations of 2~~/kg (dr;' 7eignt) or less;
greater at !:~e ~i~e
a?plicatio~ or ~t the ti~e
p:antec, whichever occurst:-tis pH _~e't.~eL nus t be
of ","astet n c crop isI a t e r , andmaintained
r,;henever rOQd-C'laln crops are grol,"';
C::1c1::1ium i;.:;.1ti.,;;ring t ne fOCQ chain, which~~y ~~s~lc fran alternative land uses;
(b) The owner or operator mustinstall an unsaturated zone monitoringsystem that includes soil monitoringusing soil cores and soil-pore liquidmonitoring using devices such as ly8imeters. The unsaturated zone monitoring system must consist of a suffieient number of sampling points atappropriate locations and depths toyield samples that:
The Secretary 'Will establish Plies ifhe finds, based on waste analyses,treatment demonstrations, or otherdata, that effective degradation,transformation, or immooilization ofthe PEes will assure treatment at atleast equivalent levels for the otherhazardous constituents in the wastes.
propertystipula
propertyproperty
a
~t..:mans.
at ~igh cadmiumthat food-chain
Tne r e must be a n
must describe the~ak2u to safeguard~ealth ~3zards from
( iii)
(iv)be notified bylana record or
states Ltat tne
?lan::0 bc
ingestion by
r'cce.iVE:G waste
"-10:" in the
Cpl.!l:i.1tlng p Lari which d eracus c r a t e s 'howt~2 ~nimai feed will t8 distributed top r c cl ud e
o p (-: r a r i ngl:~e:l:'; u r e s
.~g2.1nst possible
"ro~~ ~ust not be grown except in,',J,T,;) Li a nc e ''''ittl paragraph (D) (2) of:.".Ls se c t i o n ,
~2S4.277 [~eserv~i]
~264.273 Unsaturatedmom t c r t r..b •
zone
(1) Represent the quality ofbackground soil-pore liquid qualityand the chemical make-up of soil thathas not been affected by leakage fromthe treatment zone; and
\ ;'J~,,"i!-=r :,,~ o pe r a t o r subject: 'Co.-:~...:~~~.!.rt ::':~.:~~ e s ta bli s h a n unsa t ur'
respoTIsibil
(2) Indicateliquid and
the quali ty ofthe chemical
below thesoilthesoil-poremake-up oftreatment zone.
to.. v:12
: f.' <-.: ·;,,1;:-·~ 1..::
theofthosetos mn La riSL:l.c.s
(1) Eackground soii v~~~cs
2ay be based on ~ one-time sampling dtd jackground ?lot navlng charact2r
(c) The ow~er or operator mustestablish a background value for eachhazardous cons ti tuent to be monitoredunder parag raon (a) of this sec t Lon ,The pe~it will specify the backgroundv2lues for 8ach constituent or specify:he procedures to be used to calculate~he background values.
the
t.:.ncierto ~e
cr
d;1C soil-:')<:,re liquid:;;,e cr.e r :-~azd rd ous
-- ... '-, ~)
:.rcatfficnt zone.
CO'1stitLencs coctained in the wastes~o be d?plicd ~t Lhe unit that are themos t d i rf Lc u Lt ':0 treat, consideringthe comDln~ci ~f=2CtS of d~grada~~on)
r r a n s f o rraa t i on , .: ~c _;7il:10 oil ~ z a cion.
Background(2) 1..~12
re~ljire ~onitoring
:-:azii 'rdous c on s t Ltue n t sor thQ constituentsi2G4,271(b). }HCs
Sec~2tary ~ay
for p r i nc Lpa I(PEes) in Li.eu
specified unG.erare haza rctcu s
( 2)
l~quid values ~ust beLeas t quar t e r.Ly samplingae a backgroundcharacteris~ics similirthe treatment zone.
based on :.it
f or one yea rplot ha v-lng
to those of
(1) Sample collection;
(3) The o,vne~ or operatormust express all background values ::'na form necessary for the determinationof statistically significant increasesunder paragraph (f) of t~is section.
(4) In taking samples usedin the determination of all backgroundvalues, the o~~er or operator must usean unsaturated zone moni to ring systemthat complies w~th paragraph (b) (1) ofthis section.
inc r e a s cu s I ng .:l
p r ovt d e szone
that rn Lg r a t i onzone will he
Secretacy will
t:reat~ent
procedurec o nfLdenc etreatme'lt
The
be Low thestatis t Lca l l:,:
background va Lues cor any h''''.zardf"lusc on s t Lcue n t to be ~nonito!'ed u nd e rparagraph (a) of this section belowthe treaCT-ent zone each ttrne hec ond cc cs soil monitoring and soil-poreliquid monLz o rd ng unde r paragraph (d)of this section.
c:; T~e owner nr operator
(1) In determining '....hether astatistically significant increase hasoccurred, the owne r or operator mustcompare the valu~ of each constituent,as determined under pa r ag r ap h (c) oft ru s section, to the background va l uef or that constituent acco rd I ng to thestatistical procedure specified in thefacility permit under this paragraph.
statistical
speci£;; 3. s t a c i s t Lca I :;rocec:.lr(> L:: thefacility ?e~it ~hat he rinds:
(i) Is app r cp r i a t e ~or
t he d i s t r Lbu t Lo n 0.: the data u s e d :'0
estab:ish hackg~ound ~d~ues; ~nd
(2) The owner or operatornus t de te!:':!i.ne <..hether there has be e n~ statistically s:gnificant incre~se
~elow t~e treatment zone within areasonable ti~e period after co~ple
tion of sampling. The Secretary willspecify that time pe r i ad :!. n thefacility p e rm i t after consideri.ng the~onplexity of the stat~stical test and~~e 2v~ilabillty 0f laboratoryfacilities :0 p,?rf()~ t he .r na Ly s i s ofsoil ~nd soil-~or~ li~u~d samples.
reasonablefrom t~e
.i.denti.f5-ed. •
Sample preservation and
zone. At a minimum. theoperator ~ust ~m?lement
and techniques for:
t=eatmentQ"':,."ner orprocedures
(2)s hfpment ;
Cd) The owner or operator raus t
conduc t soil moni toring and soil-poreliquid monitoring immediately be Lowthe treatment zone. The Secretary-nIl specify the fre quency and timingof soil and soil-pore liquid monitorin,; in the facility permit afterconsidering the frequency. timing, andrute of waste application, and thesoil permeability. The o-~er oroperator must express the results ofsoil and soil-pore liquid monitoringa n a form necessary for thedetermination of statisticallysignificant increases under paragraph(f) of this section.
(e) The owner or operator must~se consistent sampling and analysis?cocedures that are designed to ensuresamplir~ results that provide a~elia~le indication of soil-poreliquid quality and the chemical~ake-up of t~e soil below the
(f) The owner or operator mus tdetermine whether there is astatistically significant change over
Chain of custody control.
and
(4)
Ana Iy t Lc a I procedures; ( " " \\ ~' • .l- j
~et\Veen
tre~t~~nt ~one ~nd
:ailing to identify~~e ~reac~e~t zone.
:::,e p r o bo o i Lf t v ''Ifrea L 'nig r a ; Lon f r crn
d e t e r mi ne s , ou r suaut to paragraph (::)the owner J~ ope~ator
.. ~, _._.c
() L : ~1 s s ec t i on , that~:}[.::1t+stically s f gn.i f a c a n t
n~zdrdous constituents:1·2at~cnt 20ne, he must:
there is 2i
increase ofbeLow the
(2) Within 90 days, submit areport to the Secretary demonstratingt~at a source other than the regulatedunits caused the increase or that theincrease resulted from error insamplir~, analysis, or evaluation;
(1) Notify [he Sec r e t a ry ofchis f i nd Lng in writing wa t ru.n sevep..,~.,v". Th~ notification must indicateN~~t constituents l~ve shown statisc:ca~.cj significant increases.
~3) Within 90 days, submitto the Secretary an application for apermit modification to make any appropriat~ changes to the unsaturated zonemonitoring program at the faCility; and
(2) :.iithin 90 days, submit:.,; :"e Secretary an application for a,jL":~~::' [ mod f f Lca t Lon to modify theuperating practices at the facility inurJt:r to maximize the success of degra';:1 ti on, transformation, or immobilizac:on ?rocesses in the treatment zone.
:::'je owner:l.~ C.....: ~ines, pu r suan t t oc r c n i s s ec t Lo n , that
0;:" operatorparagraph (i)
there is a
(4) Ccrrt Lnue to monitor inaccordance with the unsaturated zonemonitoring program established underthis section.
§264.279 Recordkeeping.
The owner or operator must includehazardous waste application dates andrates in the operating record requiredunder §264.73.
stalistically significant increase ofnaz~rrlous constituents below thet~c~tment zone, he may demonstrateth~t a source other than regulatedtl:11:S ca us ed z he increase or that the~~~r2~se =ed~l[ed fran &n error in:-;:i7:lpii.r~g, --lr:alysis, or evaIuat t cn ,\.J:~i Le the owner or op e r a t o r may make a.i erao ns z;r a cion und e r this paragraph inad d t t t on to, or in lieu o~) submitting2 ?ermit mOdification applicationund e r pa r ag r a pu (g) (2) of. thiss~ction, he is not relieved of t~e
"COC;l1 1. .rcmt~nt i..,),J .su craa t '-:. p e rmf t
mod i.f a c a t i o n app Li c a t a o n ~Jith:'n thetIrne specified in pa r.ag r ap n (g) (2) ort h i s section un Le s s t ae d emon s t r a t Lo nmade under this ~aragraph successfullyshows that a source other thanregulated units caused the inc~ease orthat the increase resultea irom anecror in sampling, analysis, orevaluation. In making a demonstration
ope r a tor .nus t ;
(a) During the closure period theowner or o?erator must:
(2) Continue all operationsin the treatment zone to minimizerun-off of hazardous constituents asrequired under §264.273(b);
unce rrun-on
post-closureandClosure
(3) ~aintain thecontrol system required§264.273(c);
§264.280care.
(1) Continue all ope~ations
(including pH control) necessary tomaximize degradation, transformation,or immobilization of hazardousconstituents within the treatment zoneas- required under §264.273(a), except~o the extent such measures a;:"e
inconsistent with paragraph(a) (8) ofthis section.
owner orpa rag r aph ,thisu nc e r
ra t ni ng 3. statistically s Lg nLf Lcan t inc r e a s e 012 i ov t he t r e a trne n c z orie c na t
~e intends to maKe a deterffiinationunder this para~ra?h;
wr 1.. t 1. ng(1) Notify,;1 thin seven
ehe Secretary indays of deter
(4 )management§264.273(d);
Maintain the run-offsystem required under
:1sintai n(5)of haza rdous§264.273(f);
Controlwas t e if
·,.;ind dispersalre qu t red under
( J)cont~ol svstem§264.273(c);
re qu i r e d urid c r
(c) During the post-closure careperiod the owner or operator ~ust:
(6) Continue to comply t.li thany prohibitions or conditionsconcerning growth of food-chain cropsunder §264.276;
(7) Continue unsaturatedzone monitoring in compliance t.lith§264.273, except that soil-pore liquidmonitoring may be terminated 90 daysafter the last application of waste tothe treatment zone; and
(1) Continue all operations(including pH control) necessary toenhance degradation and transfo~a
tion and sustain immobilization ofhazardous constituents in t~e treat~ent zone to the extent that such~easures are consistent with otherpost-closure care activities;
run-offunder
to c crnp Ly withor conditinnsfood-chain c r ops
Control t.li~d dispersalwaste if required under
Maintain thesystem required
(4 )management§264.273(d);
(5 )of hazardous§264. 273(f);
(6) Continueany prohibitionsconcerning g r owt h ofunder §264.276; and
(7) Continue unsaturatedzone monitoring in compliance with§264.278, except that so t Lr-po r e U Quidmonitoring may be terminated 90 daysafter the last application of waste tothe treat~ent zonec
(i.) J;~ck.ground soilvalues may be b~sed on ~ one-timesam~lin.c; of a backg round plot havingcharacteristics ~imil~r to those ofthe treatment zone.
(1) The owner or operator-mst e s t a bLds h bac kg r ound soil valuesand ::'~ter:nine whe t he r there :s asta:istic~lly si~nificant increaseover those' values for all hazardousconstituents specified in t~c facilitynermit under §264.271(o).
«(, :'he owne r or operator is notsubject to ;:egulation under paragraphs(a)(3) and (c) of this section H theSecretary finds that the level ofhazardous constituents in the treatment zone soil does not exceed thebac kg round value of those constituentsby an amount that is statistical:ysignificant when using the testspecified in paragraph (d)( 3) of thi ssection. The owner or opera tor :n<1Ysubmit such a demonstration to theSecretary at any time d u r i ng t hoclosure of post-closure care periods.?or :~2 purposes of this parn8r~?h:
}!aintain a vegetativeclosed ~ortlons of t~e
(b) For the purpose of complyingwith §264.l15, t.lhen closure iscompleted the owner or operator maysu~it to the Sac r-e t a'ry certificationby an indepencent qualified soilscientist, in lieu of an independentregistered professional engineer, thatthe facility has been closed inaccordance with the specifi cations inthe approved closure p13n.
(8) Establish a vegetativecover on the portion of the facilitybeing closed at such time that thecover will not substantially impededcg rada eton, transformation, orimnob~lization of hazardousconstituents i~ the treatment zonecThe veg e t a t Lve cover must be capableof maintaini~~ growth withoute~tensive maintenance.
( 2)cover overfacility;
(ii) ?rovides areasonable balance between ::heprobability of falsely identifyinghazardous constituent presence in thetreatment zone and the probability ofrailing to identify real presence intne creatment zone.
(ii) The owner or operatormust express background values and valuestor hazardous constituents in thetreatment zone in a f o rrn necessary forthe determination of statistically·:"i.t;nificant increases under paragraph(d)(3) of this section.
(e) The owne r or operator is notsubject to regulation under Subpart Fof these regulations if the Secretaryfi nds that the owner or operatorsatisfies paragraph (d) of thissection and if unsaturated zonemonitoring under §264.278 indicatesthat hazardous constituents have notmigrated beyond the treatment zoneduring [he active life or the landtre<ltment unit.
(2) In taking samples usedi n the determination of bac kg round andtreatment zone values, the owner oro pe ra t o r must take samples at a';i!!'fi(~ i e nt number of sampling points1 r:C1 .st app ro p ria t e locations and
« e o t ns to yield samples that representthe chemical make-up of soil that has,10C been affected by leakage from thetreatment zone and the soil within thetreatment zone, respectively.
is
operating
264.l7(b)
and
(except for ana landfill) must
[Reserved]
A landfillportion of
§264.283-264.299
(a)existinghave:
§264.301 Designrequirements.
The regulations in this subpart2pply to owners and operators ofzacilities that dispose of hazardouswaste in landfills, except as 264.1provides otherNise.
(1) A liner that isdesigned, constructed, and installedto prevent any migration of wastes outof the landfill 1:0 the adjacent
Subpart N - Landfills
The owner or operator must notplace incompatible wastes, orincompatible wastes and materials (seeAppendiX V of t~~s part for examples),in or on the same treatment zone,unless §264.l7(b) is complied with.
§264.300 Applicability.
(b) The waste is managed in sucha way that it is proteeted from anymaterial or conditions which may causeit!;9.. ignite or react.
(2) Sectioncomplied with; or
§264.23l Special requirements forignitable or reactive waste.
(a) The waste is immediatelyincorporated into the soil so that:
(1) The resulting waste,mixture, or dissolution of material nolonger meets the definition of ignitable or reactive waste under §§261. 21or 261.23 of these regulations; and
The owner or operator must notapply ignitable or reactive waste tothe treatment zone unless:
,§264. 282// Special requirements for
\~J..:1lcompif£ible wastes.
forto
(i) Is appropriatethe d i s t ri bution of the data usedestablish background values; and
(3) In deter:nining whether a:-.t z; is t Lca Ll.y significant 1. ncrease has.vcc u r r ed , t ne QW:1.er or operator must:compare the value of each constituentin the treatment zone to the back:sround value for that constituentusing d statistical procedure thatprovides reasonable confidence thatc o ns t i t ue n t p r e s e nc e in the treatmentzone <..Jill be ~d2ntifi2d. The owner orop~racor ~ust use a statisticalprocedure t ha z :
(1) r~·le nature .:l!1l': qurin t ttyo f t~r: ~';2.stcs;
(2) The ~roposed altern;'\tedesign and o~e~ation;
(ii) Designed and op e r a t edto function without clogging through tn/;.'
scheduled closure of the landfill.
thickness to p r eve n t c oLla p s e und e r chef'pressures exerted by overlyi~g wastes, lwaste cover materials, ana by anyequipment used at the landfill; and
st r e ng t hsufficientOf(3)
(b) The owner or operator will beexempted from the requirements ofparagraph (a) of this section if theSecretary finds, based on a demons t z ation by the owne r or operator, that:alternative design and operating p r a ctices, together w-lth location c ha racteristics, will prevent the migr3tion of any hazardous constituents(see §264.93) into the grouncl w;'\ter orsurface wa t e r at ;:1:1? future t ~mc. Indec~a1.ng vhe t he r to grant an e xcrnption, the Secretary will consider:
subsurface sailor ground ~ater orGurface water at anyti~e dur~ng theacti ve life (including the closureperiod) of the landfill. The linermust be constructed of materials thatprevent wastes from passing Lnt o theliner during the active life of thefacility. The liner must be:
(1) Constructed ofmaterials that have appropriatechemical properties and sufficients t re ng t h and thickness to prevent::;.ilur~ due to pressure gradients(including static head and externalhyd r cgeo Log Lc forces). physicalcontact with the waste or leachate towhich they are exposed. climaticconditions, the s t ra s s of installation. 3nd r.'e stress of daily()~eratio:1;
(li.) Placed upon aI"')undat ion 0 r base capable o f~rovidin~ support :0 the liner ~nd
~~sistdnce to pr~ssur~ g~~dients ~bov~
?-nd below the liner to ?revent failureof the liner due to se t t Lemen t ,compressior., or uplift; and
(2) A leachate collectionand removal system immediately above:~e liner that is designed,constructed, maintained, and operated:0 collect and remove leachate fromthe landfill. The Secretary willsnecify design anc operatingconditions in the pe~it to ensurethat the leachate depth ov~r the linerdoes not exceed 30 cm (one :oot). ~he
leachate collection and removal systemmust be:
Installed toearth likely to
the waste or
peak discharge from at least ~ 25-yGarstorm.
~ontl'"ol
The owner or oper3tor mustconstruct, o?a~ate) ~~d
(c)design,
(3) ~he hydrogeologicsetting of the f ac i Lf t y , including theattenuative c ap.ac Lt y and t h l c kne s s oft he lin~rs and s o Ll s p re se n t be t wec nthe landfill and g r ound water orsurface water; and
(4) All other factors wh i c hwould influence the quality andnobility of the leachate produced andthe ootential for it to :r:i.grate toground water or surface water.
caintain ~ run-onca?able of prevp.nt~~g
active portion of t heofConstructed
( iii)cove r all surrounding':;e in contact with-"<?achate; and
(1)
materials that are:
(A) Chemically resistant to the~ste managed in the landfill and theleachate expected to be generated; and
(d) The owner or ope ra t o r mustdesign, construct, operate, andmai nr a Ln i:i run-off management systemco collect 'and control at least thewater volume resulting from a 24-hour,25-year s t o rm,
(3) A leak detection systemmust be designed, constructed,maintained and operated between theliners to detect any migration ofliquid into the space between theliners.
(g) The Secretary will specify inthe permit all design and operatingpractices that are necessary to ensurethat the requirements of this section<ire :;atisfied.
(f) If the landfill contains anyr~rticulace matter which may besub j ec t to wind dispersal, the owneror operator must cover or otherwisemanag~ the landfill to control windd 1 spe r s a I .
(e) Collection and holdingfacilities (e.g., tanks or basins)associated with run-on and run-offcontrol systems must be emptied orotherwise managed expeditiously afters t o rrns to maintain design capacity ofch~· system.
(2) The landfill must beund e rlain by two liners which arede s Lgne d and constructed in a .nanne rto prevent the migration of liquidsinto or ouz of the space between theliners. Both liners must meet all thespcc i f Lc a t Lona of §264.30l(a)(l).
(1) Notify the Secretary ofthe leak in writing wi thin seven daysafter detecting the leak; and
§264.303 Monitoring and inspection.
(2)(i) Within a period oftime specified in the permit, removeaccumulated liquid, repair or replacethe Lf ne r which is leaking to preventthe migration of liquids through theliner, and obtain a certification fromd qualified enginer that, to the bestof his knowledge and opinion, the l~ak
has oeen stopped; or
(c) The Secretary will specify i:tthe permit all design and op e ra t Lngpractices that are necessary to ensuret ha t the requirements of this sectionare satisfied.
(ii) If a detectionmonitoring program pursuant to §264.98has already been established in thepermit (to be complied with only if aleak occurs), begin to comply withthat program and any other applicablerequirements of Subpart F or this partwi thin a period of time specified inthe permit.
(b) If liquid leaks into the leakdetection system, the owner oroperator must:
(a) During construction or instalLa t Lon, liners (except in the case ofexisting portions of landfills exemptfrom §264.30l(a)] and cover sysr:em(e.g., membranes, sheets, or coatings)must be inspected for uniformity,damage, and imperfections (e.g.,
(4) The landfill must have aleachace collection and removal systemabove the top liner that is designed,constructed, maintained, and operatedin accordance with §264.30l(a)(2).
( includingbe locatedhigh water
(1) 7he landfillits underlying liners) mustentirely above the seasonalt:1 bl c ,
§264.302 Double-lined landfills:(a) The owner or operator of a
double-lined landfill is subject toregulation under Subpart F of these regulations and the following conditions:Note: The owner or operator of a doublelined landfill may be exempt from some orall of the requirements of Subpart F ifthe Secretary determines the requirementsare not necessary.
holes, c r ac ks , thin spots, o-rmat e r i a Ls ) , Immediatelyconstruction or installation:
foreignafter
§264.3l0care.
C:!.osure and pose-closure
(1) Synthetic liners nndcovers must be inspected to ensure~i6ht seams and joints and the absence01 tears, punctures, or blisters; and
(a) At final closure of ~h~
landfill or upon closure of a ny cell,the owner or operator must cover thelandfill or cell with a final coverdesign~d and constructed to:
(1) Provideminimization of migration ofthrough the closed landfill;
(2) Soil-based and admixed-liners and covers must be inspectedfor imperfections including lenses,c r ac k s , charme Ls , root holes, or otherstructural non-uniformities that mayC.:.lUSC an increase in the permeabilityof the liner or cover.
(2)
maintenance;Function with
long-termliqu las
mi.nimum
§264.309 Surveying and recordkeeping.
§264. 304-264. 308 (Reserved]
(3) Proper functioning of winddispersal control systems, where p re se nr ;and
(4) The presence of leachate inand p r o pe r functioning of leachatecollection and removal systems, whe r epresent.
Accommodate set t ling .. nd
so that the cover'Hmaintained; and
(4)
subsidenceintegrity i~
(5) Have a pe rrne a bt l Lt y lessthan or equal to the pe rmea b I 11 t y 0 fany bottom liner system or naturalsubsoi.ls present.
( b ) Af t C r fi na 1 c lOG u r e , cheowner or operator must comply with allp o s t r-c Lo su re requirements contained Ln§§264.1l]-2G4.120, including maint e na nce a nd mcn l t o r I ng throughout the
post-closure care pe r i cd (specified inthe permit under §264. Ll7). The owneror operator must:
(1) Maintain the .intep,rityand effecti veness of the f Lria I cover,Lnc Lud Lng naki ng repa Lrs to the C<111 :u;
necc s s a ry to correct the effects 01
settling, subsidence, croslon, Qr
other ~vents;
(3) Promote d ra i n"ge <l !ld
minimize erosion o r abrasion of rilecover;
malfunctions,run-on and
liquids ininstalled
(2) The presence ofleak detection systems whereto comply with §264.302:
(1) Deterioration,or improper operation ofrun-off control systems;
(b) While a landfill is in operation, it must be inspected weekly andafter storms to detect evidence of anyof the following:
(3) Continue to operate theLe ac ha t a c o Lle c r I o n and removal sy s t omunti1 'p[lr' t e i:; no longer. r:~t:l~C:'l.:d;
(2) Maintain and monitor aleak detection system in accordance with§264.302 where such system is presentbetween double liner systems.
The ovne r or operator of a landfillMust maintain the following items i.n t heo~erating record required under §264.73:
(a) On a map, the exact location anddimensions, including depth, of e ac h eel Lwith respect to permanently surveyedbenchmarks; and
(b) The contents of each cell ~nd theapproximate location of each hazardou~
waste type within each cell. gro,com,r e o u.; . _
:'1<1intain a nd monitor. theno nt t o r.i ng system a nd
(: h "111 other ilppliC.:Ible.t s of Subpart F of this Part:
§264.3l1 [Reserved}
§264.312 Special requirements forignitable or reactive waste.
(6) Protect and maintainsurveyed benchmarks used in complyingwith §264.309.
(1) The resulting waste,mixture, or dissolution of material nolonger meets the definition ofLg nI t ab Lc or reactive waste under§§261.21 or 261.23 of these regulations,<1nd
for
freein a
holdingplaced
requirements
( 2)
§264.314 Specialliquid waste.
Before disposal, theliquid waste or waste containing freeliquids is treated or stabilized,chemically or physically (e. g. , bymixing with an absorbent solid), 80
that free liquids are no longerpresent.
§264.3l3 Special requirement8 forincompatible wastes.
(b) Containersliquids must not belandfill unless:
(a) Bulk or non-containerizedliquid waste or waste containing freeLf qufd s must not be placed in alandfill unless:
(1) The landfill has a linerand leachate collection and removalsystem that meet the requirements of§264. 301(a); or
Incompatible wastes, orimcompatible wastes and materials,(see Appendix V of this part forexamples) must not be placed in thesame landfill cell, unless §264.l7( b)is complied with.
(1) All free-standingliquid: (i) has been removed bydecanting, or other methods; (11) hal>been mixed with absorbent orsolidified so that free-standingliquid is no longer observed; or (iii)has been otherwise eliminated; or
(2) The container is verysmall, such as an ampule; or
(3) The container isdesigned to hold free liquids for useother than storage, such as a batteryor capacitor; or
is264.l7(b)
(5) Prevent run-on andfrom eroding or otherwisethe final cover; and
run-offdamaging
(2) Sectioncomplied with.
(a) Except as provided inparagraph (b) of this section, and in§264.3l6, ignitable or reactive wastemust not be placed in a landfill,unless the waste is treated, rendered,or mixed before or immediately afterplac.ement in a landfill so that:
(b) Ignitable wastes incon t a I ne r s may be landfilled withoutmee t I ng the requirements of paragraph(a) of this section, provided that theWi.lotes are disposed of in such a waythat they are protected from anymaterial or conditions which may causethem to ignite. At a minimum,ignita bLe wastes must be disposed ofin non-leaking containers which arecarefully handled and placed so as toavoid heat, sparks, rupture, or anyother condition that might cause19n1 tion of the wastes; must becovered dai ly with soil or othernon-combustible material to minimizethe potential for ignition of thewastes; and must not be disposed of incells that contain or will containother wastes which may generate heatsufficient to cause ignition of thewaste.
(c) During the post-closure careperiod, if liquid leaks into a leak detection system installed under §264.302,the owner or operator must notify theSecretary of the leak in writing withinseven days after detecting the leak.The Secretary will modify the permit torequire compliance with the requirementsof Subpart F of this part.
pack asdisposed§264.316.
(4) The container is a labdefined in §264.316 and is
of in accordance with
§264.315 Special requirements forcontainers.
Unless they are very small, suchas an ampule, containers must beeither:
the inside containers. Thl! metalcu t e r container must be f u l L .rf t c rpacking with inside c ont a t ne r s .i ndabsorbent material.
(c) The absorbent mat e r i a L u sudmust not be capable of react l 11)',
dangerously with, being decomposed by,or being ir,nited by the c on t e nt s ofthe inside c on t a Lne r s t n n cc o rd a nc e
with §264.l7(b).
smallin
§264.317-264.339 (Reserved]
(e) Reactive wastes, other thancyanide- or sulfide-bearing waste asdefined in §26l.23(a)(S) of thvr-ll'regulations, must be treated urrendered non-reactive prior to
packaging i n ac co rda nc c wI L hparagraphs (a) through (d) of t hI »section. Cyanide- and au.Lf Ld e r bca r Lru:reactive was t e may be packed 1naccordance with paragraphs Cl) through(d ) of this sec t Lon wi t hou t f 1 r s tbeing treated or rendered no u'<recc t j v e ,
(a) At least 90 percent full whenplaced in the landfill; or
(b) Crushed. shredded. orsimilarly reduced in volume to themaximum practical extent before burialin the landfill.
§264e 316 Disposal ofcontainers of hazardous wasteoverpacked drums (lab packs ) ,
Small containers of hazardouswaste in overpacked drums (lab packs)may be placed in a landfill if thefollowing requirements are met:
(a) Hazardous waste must bepackaged in non-leaking insidecontainers. The inside containersmust be of a design and constructed ofa material that will not reactdangerously with. be decomposed by, orbe ignited by the contained waste.Inside containers must be tightly andsecurely sealed. The inside containers must be of the size and typespecified in the Department ofTransportation (DOT) hazardousmaterials regulations (49 CFR Parts173, 178. and 179). if thoseregulations specify a particularinside container for the waste.
(b) The inside containers must beoverpacked in an open headDOT-specification metal shippingcontainer (49 CFR Parts 178 and 179)of no more than 4l6-liter (110 gallon)capaci ty and surrounded by) a t aminimum. a sufficient quantity ofabsorbent material to completelyabsorb all of the liquid contents of
(d) Incompatibledefined in §260.10regulations, must not besame outside container.
wa.s t e s ,lS
or t he s ep La c e d l n L he
(ii) Listed as a hazardous wastein Part 261, Subpart D, of theseRegulations solely because it isreacti ve (Hazard Code R) forcharacteristics other than thoselisted in §261.23(a) (4) and (5), andwill not be burned when otherhazardous wastes are present in thecombustion zone; or
(iii) A hazardous waste solelybecause it possesses thecharacteristic of ignitability,corrosivity, or both, as determined bythe test for characteristics ofhazardous wastes under Part 261,Subpart C, of these Regulations; or
(iv) A hazardous waste solelybecause it possesses any of thereactivity characteristics describedby §261.23(a) (1), (2), (3), (6), (7),and (8) of these Regulations, and willnot be burned when other hazardouswastes are present in the combustionzone; and
Subpart O-Incinerators
§264.340 Applicability.
(2) If the waste analysis showsthat the waste contains none of thehazardous constituents listed in Part261, Appendix VIII, of theseRegulations, which would reasonably beexpected to be in the waste.
(d) The owner or operator of anincinerator may conduct trial burns
(c) If the waste to be burned isone which is described by paragraphs(b)(l)(i), (b)(l)(ii), (b)(l)(iii), or(b)(l)(iv) of this Section andcontains insignificant concentrationsof the hazardous constituents listedin Part 261, Appendix VIII, or theseRegulations, then the Secretary may,in establishing penni t conditions,exempt the applicant from allrequirements of this Subpart, except§264.341 (Waste analysis) and §264.35l(Closure), after consideration of thewaste analysis included with Part B ofthe penni t application, unless theSecretary finds that the waste willpose a threat to human health and theenvironment when burned in anincinerator.
that
§264.l
1 n thisoperators
findsthe Sec r e t a ryr o be btl rned is:waste
~lilzardous was t e , except as~rovides otherwise.
(i) Li sted as a hazardous wastei n 1'.1 r t 261, Subpart D, of theseRegulations solely because it is';r;r:it:1hlp (Hazard Code I), corrosive!~l!<lz~lrd COd,~ C), or both; or
(.1) The regulations:~u h;):J rt app Iy to owners and~r facilities that incinerate
(b) After consideration of the..:aste a na l y s Ls included with Part B ofthe permit application, the Secretary,; 11 establishing the permit conditions,~ust exempc the applicant from allr~quiremcnts of this Subpart except§264.351 (Closure) and ~264.34l (wasteanalysis)
0)
Cons t Ltue n t s ·:ire !i!Ct'"':: ,;..:<.~' \~ to
~ollcwi~g equat~0n:
\.or
nu r n i nr;
(pOKe)
in itsD"RE is
From the
of
j.~.ffi.ciC::lc.y
qua n t .: tic S
122
:!lustremovalfor each principal
?OECs
incinerator
:'a rt
as
An-..a s t e
and99.997.
i.n
( ., ,,u I
present
Regt..1]~3ti.ons f o r o bc a Ln i ng c r t a.l burnpermits .
5264.343 ?erfo~ance standards.
(2) Trial POHCs.vill bedesignated r-or ~erfo~ance of tr:alburns in ac c o rd a nc e ~,..,i!:h t he p r cc ed u re
~:i1.zardous
r!c:s true ti.cn.,J?...E) o:
c:oncentrati~ns ~r. the waste.
An incinerator Durning hazardouswaste must be designed, constructed,and maintained so that, when o pe r a t edin accordance '",i th op e ra t I ngre qu i reme nt s s pe c Lf Led under §264.345,:. ': ';,'i.l: ~eet the f o Ll o:..ing po r f o rmanc e~ta.!!.~a!'ds :
8r~anic hazardous constitue~t
designated (under §264.342)~e:::"::1.it for each wa s t e feed.::ete~i.:'led for each POHC
§264.341 Waste analysis.
(b) Throughout normal operationthe owner or o~erator must conductsufficient waste analysis to ver2~y
that waste feed to the incinerator Lswithin the physical and chemd c a Lcomposition limits specified in hispermit (under §264.345(b».
subject: only to ~he requirements of§122.27(~) of these Regulations (Shortterm and incinerator permits).
(a) As a oo rt Lon of the trialburn plan required by §122.19 of theseRegulations~ or with Part B of theDermit application, the owner oroperator must have included an.anaLys Ls of the waste feed sufficient";0 p r ov.ide all ::nformation required by5122.19 or §122.14 of these~egul~tions. OTNnerS or operators ofnew haza rdous waste incinerators mustprovide the information required by§122.19 or §122.14 of theseRegulations to the greatest extentyossiblec
§264.342 Principal organic hazardousconstituents (PORCs).
(a) Principal Organic HazardousConstituents (PORCs) in the waste feedmust be treated to the extent requiredby the performance standard of§264.343.
noC'-""i.\._-
f:mission
':.0!1St:'t~~rlt. (?'JHC) in t he '.·!M.~.;t,e S:'~-~~;2:n
:eedirr~ ~~e ~~ci~eratoL, anc
oneofrate'Jrganic
feed
~out=Mass emission ratc of thesame 20HC oresent i~ exhaust ~missi()ns
~~ior to rQlease ~c the ~t~o~nh0~e.
~';:-;.ere :
(b) t\n i;"1cinerator JL~rn.~n~r:
haza rdou s ·.....as t e and o roc uc I ng !;!:;1<;'(
·:=missions of mor e than 1. -3 ~i Lor; r ams:er. hou r (4 pound s per ho u r ) o f',yd.ro.gen c h.Lo r t de (Rel) mus t controlHel emissions such that the r a t e of
(b)(l) One or more ?OHCs '..ill 1:lespecified in t~e facility's permit,2rom ~crong thoSG constituents l~sted
~n Par~ 261, Appendix VIII of tnese~egulations, for each waste feed to 0eburned. This sDecification will be::ased on the degree of difficulty ofincineration of the organicconstituents in the waste and on theirconcentr~tion or wass of the wastefeed, c:onside!'ing the results of was t eanalyses and trial burns oralternative data submitted with Part Bof the facility's permit application.Organic constituents which representthe greatest degree of difficulcy ofincineration will Je those most likely~o ,~ designated as ?OHCs.
no greater than the larger of e i.t he r1. 8 ki log rams pe r hour or 1% of theHel in the stack gas prior to enteringany pollution control tquipment.
only wastes specified in his permitand only under operating conditionsspecified for those wastes under264.345 except:
21 - Y
14
(a) The owner or operator of ahazardous waste incineracor may burn
(2) For the duration of theburn, the operating requirementsbe sufficient to demonstrate
trialmust
(1) For the period beginningwith initial introduction of hazardouswaste to the incinerator and endingwith initiation of the trial burn, andonly for the minimum time required toestablish operating conditionsrequired in paragraph (c) (2) of thisSection, not to exceed a duration of720 hours operatir~ time for treatmentof hazardous waste , the operatingrequirements must be those most likelyto ensure compliance with t heperformance standards of §264.343,based on the Secreta~Jls engineeringjudgment. The Secreta~J may extendthe duration or this period once forup to 720 additional hours when thegood cause for the extension isdemonstrated by the applicant.
(2) Under exemptions createdby §264.340.
(b) Other hazardous wastes may beburned only after operating conditionshave been specified in a new permit ora permit modification as applicable.Operating requirements for new wastesmay be based on either trial burnresults or alternative data includedwith Part B of a permit applicationunder §122.14 of these regulations.
(c) The permit for a newhazardous waste incinerator mustestablish appropriate conditions foreach of the applicable requirements ofthis Subpart, including but notlimited to allowable waste feeds andoperating conditions necessary to meetthe requirements of §264.345,sufficient to comply with thefolloWing standards:
(1) In approved trial burnsunder §122.19(b) of these regulations;or
Hazardous waste incinerator§264.344permits.
\.Jhere ?c is the correctedc o uc e n t; r a t 1. on o f pa r r LcuLa te matter,Pm is the measuced concentration ofparticulate matter, and Y is themeasured concentration of oxygen inthe stack gas using the Orsat methodof oxygen analysis of dry flu gas,pre3en~ed in 40 CFR Part 60, AppendixA (Method 3) . This c or rec t f onprocedure is to be used by allhaza rdous was t e incinerators exceptthose operating under conditions ofoxygen enrichment. For thesef a c t Li t I e s , the Secretary will selectan appropriate correction procedure,[0 be specified in the facility permit.
(d) For purpo se s of permitenForcement, compliance ,-7ith theoperating requ i r emenr s specified inthe rennit (under §264.345) will beregarded as compliance with thisSection. Howo ve r , evidence thatcompliance with these permitconditions is t risuf f i c t en t co e ns ur e
compli3nce with :he perfo~ance
requirements or rn1S Section may be(f.inf o rmar Lo n" juscifying modification,re voc ar t c n , or re i s suanc e of a permitunder §122.4l of these regulations.
(c) An incinerator burninghazardous waste must not emitparticulate matter in excess of 180milligrams per dry standard cu m cmeter (0.08 grains per dry standardcubic foot) when corrected ror theamount of oxygen in the stack gasaccording to the formula:
5264.345 Operating requirements.
compliance with the performancestandards of §264.343 and nus t be ."accordance wi th the approved trialburn plan;
-ombus t Lo n
f ug i t Lve
t emp e rc t u r e ;
Such ,)per<'it I ngare necessary to
pe rfo r-na nc e standards
Ke e p i ng t heS~;q led agai n s t
Maintaining a combustionlower than atmospheric
Combustion
'\';aste feed( 2)
( J)
( 2)zone pressurepressure; or
( , \, - /
zorie totallyemissions; or
when operating conditions deviate f lornlimits established under par~grnph (a)of this Sec~ion.
(f) An :nci~er~ltor ~·.:st ce~se
operation ~,,";,e:t ~:-:C1~~es :~!1 ~,,";l.ste ~("ed,
(6 )requirement s asensure that theof §264.343 are met.
(4) An appropriate Ln,{tc.'3.t_orof com~ustion gas velocity;
(5) Al.Lowa bLe variations l nincine~ator system design or operatinBprocedures; and
(e) ..\..n :.:1CLner;ltor mus t :'C
operated ~'f<l.e'1 c na nz e s wi!:~ ,'1
functioning sy s t em c o au t oma t Lc a l Lycut off wa s t e feed to t he inciner~'lto=
(3) An a Lt e r na t i ve means ofc.ontrol d amon s t ra t ed (wi.th i'.'l.r~ E o fthe permit application) '.:0 providefugitive emissions control e quLval e n t
':0 ma.Ln t enanc e o f c ombus t Lon ;:011('
pressure Io'..;er than a t mosp he r i c
(c) Dur i.ng start-up and shut-downof an incinerator, hazardous waste(except was t e s exempted in a cc o rd anc ewith -5264.340) must not be fed Intothe in!:') the incinerator unless theincinerator is operating within thecondi tions of operation (temr>er:l t ure ,air feed rate, e t c . ) specLf Le d in thepenni t G
(d) Fugitive emissions from thecombustion ~one must be controlled by:
(CO)Carbon ~onoxide
st~ck 2xhaust gas;(1)che
(4) For the remaining durationof the permi t, the operatingr~quirements must be those demonstrated,:'..n .:t trial burn or by a Lt e rna t.Lve data3pecified ~n §122.14 of theseregulations, as s uf f Lc Le nt; to ensurec otnp.l Lance ~¥ith the p e r f o rmanc estandards of §264.343.
(~) An incinerator must oe operatedin ~ccordance with operatingr~auirements specified in the permit.7hese will be specified on acase-by-case basis as those demonstrated(in a trial burn or in alternative data~3 specified in §264.344(b) and included'nth Part B of a facility's ?ermitJ.::,p1.ication) to be sufficient to c ompLy~~th the ~erformance standards ofj25/~,3Lr3.
(0) Each set of operatingre qu i r emen t s will specify theco:nposition of the waste feed(including ac ce p t ao.le variations inthe physical or chemical properties ofthe waste feed ,.;hich will not affect:compliance ,..ith the performancerequirement of §264.343) to which theoperating requirements apply. Foreach such was t e feed. the permit willspecify' acceptable operating limitsincluding the following conditions:
(3) For the period immediatelyfollowing completion of the trial burn.and only for the minimum period3ufficient to allow for sample analysis.da t a computation. and submission of thetrial burn results by the applicant. andreview of the trial burn results and-nod Lf Lcat Lon of the facility permi t by::h"2 Secretary. the operatingrequirements must be those most likelyto ensure compliance with theperformance standards of §264. 343. basedon the Secretary's engineering judgment.
incinerator design, or operatingconditions exceed limits designated inits permit.
§264.348--264.350 [Reserved]
§264.351 Closure.
§264.347 Monitoring and inspections.
§264.346 [Reserved]
(2) CO must be monitored on,"--';~::L;'1110US oa s i s at a point in the
combust ion zone and p r.i o rto the atmo~phere. §264.352--264.999 [Reserved]
[Comment: At closure, as throughoutthe operating period, unless the owneror operator can demonstrate, inaccordance with §26l.3(d) of theseregulations, that the residue removedfrom the incinerator is . not ahazardous waste, the owner or operatorbecomes a generator of hazardous wasteand must manage it in accordance withapplicable requirements of Parts262-265 of these regulations.]
At closure the owner or operatormust remove all hazardous waste andhazardous waste residues (including,but not limited to, ash, scrubberwaters, and scrubber sludges) fromthe incinerator site.
of theto release
temperature,indicator ofspecified inbe moni tored
operator mustthe f oLl owf ng
incinerating
downstream
owner orminimum,while
The
i nc : r:~ rater"
( 1) Combustionwa s r c- ,'ced rate, and thec om bu s t Lon ga s velocityr h e rae II 1. r y pe rm i t must
on .! c o n t i nuous basis.
c o nd uc t , :1S a
monitoringhil z.t rd nus tva s t e.
(3) Upo n request by theSeer.;> t a ry , sampling and analysis oft ne wa s t e and exhaust emissions must:;" c ond uc t ed [0 verify that theone~ating requi:ements established inthe o e rrn i t :ic;-,ieve 'the performances c.i nd a ru s or. §264.343.
(h) ~he incinerator and associated"';ui. iJi:ll:nt (?Ur:1[JS, va Lve s , conveyors,~ i pe s , c t c ; ) mu s t be subjected tot oo r-oug b v.i s ua I ::-;.s?ectio~, a t least(lally, for Le aks , sp LlLs , fugitiveemissions, and signs of campering.
(c) The eme r ge nc y wa s t e feedcutoff system and associated alarmsmust be tested at least: weekly toveri fy cp e r.a b i Lf t y , unLe s s the~pp]i~~nt demonscrates to theSecr~tary :hat weekly inspeccions W1LLunduly r0~trict or upset operations.i nd that: I e s s frequent inspection willbe ;:;dequate. At a minimum,',)fh:cationilL testing must be conductedU~ least monthly.
(d) This monitoring andinspection data must be recorded andthe records must be placed in theoperating log required by §264.73.
APPENDIX I--RECORDKEEPINGINSTRUCTIONS
The recordkeeping provisions of§264.73 specify that an owner oroperator must keep a written operatingrecord at his facility. This appendixprovides additional instructions forkeeping portions of the operatingrecord. See §264.73(b) for additionalrecordkeeping requirements.
The f oI Lowdng information must: berecorded, as it becomes available, andmaintained in the operating recorduntil closure of the facility in thefollowing manner:
Records of each hazardous wa s t ereceived, treated, stored) or disposedof at the facility ',.;hich include thefollowing :
(1) A description oy itscommon name and the EPA HazardousWaste NumberCs) from Part 261 ofthese regulations, which apply to thewaste. The waste description alsomust include the waste's physicalform, Le., liquid, sludge, solid, orcontained gas. If the waste is notlisted in Part 261, Subpart J, or
TABLE 2--Handling Codes for TreatmentStorage, and Disposal Methods
lSingle digit symbols are usednere for data processing purposes.
Coagulation:lecantingEncapsulationFiltra~:'on
T35736T37
T40
:45 Th i c ke rri ngT46 ~lt~afiltration
T47 Other (specify)(2) Removal of Spccific
Co~ponents
~4S ;\.;'sorpticn-molecula,:: i.eve
~41 ?locculation":42 ?lotation743 Fc am.inzT44 Sedimentation
:33:29
Storage:::r): Conr a I ne r (b::.r-rel, r::um .. r.<tc .. )S02 Tani<.
S03 Waste pile304 Surface :~poundment
805 Other (specify)Treatment(a) Thermal Treat~ent
ros Liquid injection incineratorrOi Rotary kiln incinerator:08 Fluidized bed incine,~tor .T09 Multiple hearth incin~rator
TIO Infrared furnace incineracorTll Molten salt destr~c:or
1'12 PyrolysisT13 Wet Air oxidationT14 CalcinationTIS Microwave dischargeT16 Ceme~t kilnTIl Lime KilnTIS Other (specify)(b) Chemical Treatment:19 Absorption ~ound
T20 Absorption fieldT21 Chemical fixationT22 Chemical oxidation723 Chemical precipitation724 Chemical reduction725 Chlorination:26 Chlorinolysis~27 Cy~nice 0.est~uctio~
:28 ~e~radation
:29 DetoxicationT30 Lan ehchange:31 ~eutralizati0n
T32 Ozona t i onT33 PhotolysisT34 Other (specify)(c) Physical trea:~ent
(~) Separation of componentsCen t ri: ug a t ionCl a rlf iC2 t i on
2.
1.
P/G
K/L~'!/c
(3) The methodes) (byc od e Cs) as specified inand da t e Cs) of treatnent,
~to!:'age, or disposal.:ABLE 1
Enter the handling code(s) listedbelow that most closely represents thet echnd que Cs ) used at the facility tot rcn t , s t ore , o r dis~ose 0;= each~·~;'lr..t i. ':? 0 i hazardous ',7:<~ t e rec.~:~ 'lec .
.., • '0.rouncs e e e 0 e. c. e •• eo 0.01; e ....
3hort tons (2000 lbs) .. TG~llons (D.S.) ...•.•..• GCubic yardscee •••• ~ •••• y~!logracs •••••.•••.••••K~onnes (1000 kg) •••••••~
, • , c
:-lanc..L~ng
:;.l01e 2)
:iters. OIl; ••••••••••••••• L
t~e~e ~egulatio~s) t~e desc~iption
2130 ~ust incl~de t!le process thatproduced it (for example, solid fi~~er
cake f rca production of EPA!'::~zarcous :-iaste Numbe r ';.7051).
'=:ach hazardous waste listed in:?,'1r~ 261, Subpart D, of these",'~gula~ions. and each hazardous '..astech~racteristic defined in Part 261,~ubpart C, o~ t~ese regulations, has a:'::mr-dig;:L tEPA Hazurdous waste i;'umber.i s s Lg ned to it. This number mus t be'_\s'2d :: 0'.:' r ec o rd xe epd ng and reporting~urooscs. ~here '1 hazardous wastec ort t a I n s ""ore than one listedl::;zardr)1,!S waste, or r....here more than8ne h~zardous waste characteristic.tpp Li e s ':0 th'= ",'aste, the wa s t elie'scription nus t include all.ip pLf ca bl,c EPA Hazardous Waste Numbers.
(2) The estimated or,::anifest-repor,:ed '..;eight, or volumevnd density', ~.;hcre app Lic a b Le , in one.,: the units OI -,eaSllre soec Lf Led in~{ble 1;
T49 Acttv~ted carbon
magnetic
BlendingCatalysisCzys t aLlLza t LonDialysisDistilla tionElectrodialysisElectrolysisEvaporationHigh gradientseparation
T59 LeachingT60 LLquid ion exchangeT6] Liquid-liquid extractionT62 Reverse osmosisT63 Solvent recoveryT64 StrippingT65 Sand filterI66 Other (specify)Cd) Biological TreatmentTS? Activated sludgeT68 Aerobic lagoonTA9 ~erobic tankT70 Anaerobic lagoonTll CompostingT72 Septic tankT73 Spray IrrigationT74 Thickening filterT/) ~ricking filterT76 W3ste stabilization pondT77 Other (specify)T 7R-79 [Reserved 1
1. DisposalDSO ;'nderground injectionD81 Land f I l I
T54I55TS6IS7T58
TSOTSIT52TS3
DC, ?o~ L:lnd treatment
DS] ocean (iisposalD84 Sut"£ace .i.::lpoundment
closed as a landfill)D85 Other (specify)
(to be
'-------_.---
a.lO:PAHAZARDOUS
WA"TENUMliUI:R
(&f!e instructions)
1'1..
! i l
A. OESCRIPTION OF WASTE
----.-..---- ------------------~:__._,..._,..__+_~-r--,-_+__+-!-_+__+_+_+_+___:r_t_t__f_,~~
5
3
4
----;--i
" 2
7, ,-------, 8 i
1 '• !
.I ~/;- . i ;;:. ! ~%
iI .- I
I I! •
i I~~-.'{..
General Instructions Hazardous WasteReport (D~~EC Form 8700-13)
Imuortant: Read all instructions beforecom?leting this form~
Section I.--Type of F~z3rdous WasteReport
Part A--Generator Annual Report
For generators who ship the! r W::lstC'off-site to facilities which they do notown or operate; fill in the reI'f)::'ti.",~
year for this report (e.g., 1982).
Note: Generators who shiphazardous waste off-site to a facilitywhich they own or operate must completethe facility (Part B) report instead ofthe Part A report.
Part D--Facility Annual Report
For owne rs or operators of on-site
(
or off-site facilities thatstore, or dispose of hazardousfill· in the reporting year forreport (e.g., 1982)
treat,was t e ;
this
P3rt C--Unmanifested Wa8te Report
For facility owners or operators whoaccept for treatment, storAge ordisposal any hazardous waste ;orm 3D
off-site source without A.11 acc ompany t ngmarrl f e s t ; fill in t he da t e the wa s t e wa~
received at the facility (e.g.O{~-02-19032) •
Section II. thru Section IV.I~stallation, I.D. Number, Name
of I~stallation, and Installntion~!ailing Address
pro'"'yTidQc. .-::~d leave S·?ct:loT1s :r t~1rou.r;h
I't! ~l,'!r:.k If there L~ .i n e r r o r o romf s s t on on the lti;'el, ~:OSR ou t theLrico r rec t information and fill t n theap pro pr La t e U:em(g). If you did notreceLve .'1 p rep r Lnt ad label, completeSection II t~rouch Section IV.
IMPORT_<h"IT: READ ALL INSTRUCTIONS3EFORE COMPLETI~G THIS FO~~
who shipto a facilitycomplete thisthe Generator
S~cLion V.--Location o~ I~stallaticn
Ii yo~r installation locationaddress 1.'3 different than t he raa.i Lf ngaddress, enter the location address ofynllt" installation.
Section VI.-Installation Contact
~nter the name (last and first)and telephone numher of the ;:>e:rsonwn orn may De contacted regardingLr.:o~~ation contained in this report.
Facili ty Annual ReportQr operators or on-sitefacilities that treat,dispose of hazardous waste.
Note.--Generatorshazardous waste off-sitethey own or operate mustPart B report instead of(Part A) Annual Report.
or o:.::r-Si.testore, or
Section VII.-TransporationServices Used (For Part A
reports O~'1Y)
Section XVI.--Type of Report
Put an "X" in the box marked Part B.
~ist the EPA Ld e n t Lf i.ca t Lo n Numbe r! or- l':iCh t r a ns p o r t e r whose services':0'j '1::,.,d c u r i ng the re po r t a ng year.
~ection VIII.--Cost Estimatesfor FacIlities (For Part B
Report:s ONLY)
Section XVIII.--Generator's EPAIdentification Number
EPA
Example:
Enter the EPA Identification numberfor your facility.
Section XVII.--Facility'sIdentification Number
recent costclosure inPa rt 264 or
:\. i~nter t11e ~ost
i:~r I ma t e for Facility\.:oi l a r s , See Subpart H of_~~ :or ~ore detail.
;-.lS au t ho r'Lz e d
" , ..i : :.:;? 0 sal fa c i lit i e s 0 nly ,,:".-,," ::':0:::·[ T2Ce7it cost e s t i.raa t e
Enter the EPA identificationthe gen~rator of t he va s t e
descri bed under Section XXI whi c h wasreceived by your facility during thereporting year. A separate sheet muscbe used [Or each generator. If the
numbe r of
was t e came from a foreign gene rat or ,enter the EPA identificatlon number ofthe importer in this section ana 8nterthe and address or the rorelgnge ne r a t or in Section :-:(11 Co.nme n t s ,If the waste was zener3.t~2d dnd
treated, scored, or disJ032G or ct ~~2
same ins t a Lla t Lcn , leave ::bis 0cc:t:.cnblank.
andPart
:'lhere
r o po r t s ) or;:he f aci Li t y
rep r c-s e n t a t i ve:'Just: sign and
c:2rt.ifi\::;1CioT1
C~8sure ~onitoring
:~ce: S1~~Dar:: H or
Section :X.--~~rtlf1cation
th(~ o wne r or op e r a t o r ofor his authorized(P~rcs B dnd C reports)
(); the »or s on ;~ig71ing t::le zep o r r muse.i i s.o he I nc i ud e d l..;nere Lnd ic a t e d , Section XIX.-Generator's Nume
Enter the name of the generatorcorresponding to the generator's E?Aidentification number in Section XVIII.
If the was t e was generated .rnncreated, scored, or dis?osed of at tteSAme instalJation, enter tlO~':-SI"~EII.
Note: Since ~ore cnan one page isrl,."[i'\!ir~\d for t\.~lch r op o r t , en t e r the
r;l~e numher of each s~Qet i~ the lowerrj~ht corner ~s well JS che totalnumber of pages.
FACIL:TY ~\NUAL REPORT ?iL~T EINSTRuCTIONS (D~KEC Form 8700-133)
If theg e ne r a t o r ,
waste cameenter t;;e
f zom d
importer. corresponding to the EPAidentification number in Section xvIII.
Section XX.-Generator's Address
Enter the address of the generatorcorresponding to the generator's SPAidentification number in SectionXVIII. If the waste was generated andtreated~ stored, or disposed of at thesame Lns t a Ll.a t Lon, leave this sectionblank. If the waste came from aforeign generator, enter the nddressof the ::'mporter corresponding to theEPA identification number in SectionX'lIlT.
S2ction XXI.-Waste Iden~ificacion
All Lnformation in this sectionmll::;t be entered by line number. A~'L'p<Jrac:e line entry is required forr~ch different waste or mixture of''';.l"tes t ha t your f ac i Li t y receivedduring che reporting year. Thehandling code applicable to that wasteat tne end of the reporting yearShOlild be reported. If a differenth;-,ndling code a p pLi.e s to portions ofth~ same waste, (e.g., part of thew~ste is stored while the remainder\"~iS "chemically fixed" during theY'~dr), use a separate line entry for
",ac h po r t ion.
Section XXI-A.-Description of Waste
.~
you
that
s u bpa r t'v,ihich
2&1.,
t rom widgetii ~:<.no\vn) the
c.l~emical name o f
'n2.z3rdGus
wastes
sludge
descriptio~
n n.l'is t e c
greer.
nn z.; rd ou s
?or
tnanufacturing; aridchemicill o r s2neric
~!~.l~~VL' t;est describes t n e ~..Jaste.
Inclltd(-l the ;-ipeciiic m.:lnufacturing oro r ne r pr oc e s s generatiilg the waste
li':)ted under Pa r t 261, Subpart J,t)~tcr ttle ~PA Listed na:ne, abbreviatedif necessary. Where ~ixtures oilisted wa s t e s ,-"ere received, enter thedescripc:ion '~'hich JOu believe best
\1escribes the f...iasce.
t ue was t.e .
was tee
Section XXII.-Comments
Units of volume ~ay not De useefor reporting but must be co nv e r t cdinto one of the above units of weight,taking into account the apl,ropriatedensity or specific gravity of th~
used to e xp I a LnIf used, enter
the a pp ro or ta t e
[Reserved)APPE1'TI IX I I I
This space may beor clarify any entry.a cross-reference toSec t10:1 number.
:-Ioce.-Since more than one page isrequi red for each report, e n t e r thepage number of each sheet in the lowerright hand corner was well as thetotal number of pages.
~here required by 264 or 265,subpa r t s F or R, attach g round-wac e r~onitoring data to this report.
S~ction XXI-C'-?4ndling Code
Section X:{!-B.-EPA Hazardous~aste Number
Enter one EPA handling code foreach ...a s t e 1i.ne entry. Where seve r a 1handling steps have occurred duringthe year, report only the handlingcode representi~~ the waste's statusat the end of the reponing year orits f i na I disposition. EPA handlingcedes a re ~i.·:en in Appendix I of this
For listed vas t e , enter the fourdigit EPA Haza rdous Haste Number f r omPart 261, Subpar"!: D, ,...hich identifiesthe waste.
For a mixture of more than onelisted waste, enter each of theapplicable EPA Hazardous Waste Numbers.
Four spaces are provided. If morespace :'s needed, continue on the nextli~e(g) and leave all otherinfo~ation on that line blank.
For unlisted hazardous '"astes,enter the EPA Hazardous T.Jaste Numbersf rom Part 261, Subpa r t C, applicableto the waste. If more than fourspaces are required, follow thep~ocedure described above.
Section :CU-D. -Amount of Waste
Enteron
total amount of waste:his line which you
~~ceived duri~ this ~sporting yearG
Section ~~~I.-E.--Unit of Measure
~nter t~e unit of measure code for:he quantity of waster:~is line. Units ofraus c be usded in this~ppropriate codes are:
described onmeasure ''''hich
repo r t and t he
D~its ot Measure " .voae
?cundShort tons (2000 Ibs):alogramsTennes (1000 kg)
PTK
M
If tne value of this t-st2:~~tic
negative than there t s no s ir.nLf i c ard Lf f e r e nce between the monito-~i'r:;"'d~~and background data. It should lnoted that significantly sma]r:egati ve values may be indicative offailure of the assumption made f(test validity or errors have been macin collectir~ the background data.
The t-statistic (t c ) , again!which t* will be compareenecessitates finding tB and t
from standard (o~e-tailed) tablewhere,tB = t-tables with (nB-1) degrees
or rreedom, at the 0.05 level ofsignificance.
t m = t-tables with (nm-l) degreesof freedom, at the 0.05 level ofsignif icance.
Finally, the special veLght LngWE and Wm are defined as:
single
+ Xn
the
n
2n
Foru no e r i nve s t Lg a t 10':1
c31culate the(Xm) and monitoring
x. T X",t L
- :.:)
(SJ 2).
'''G 11
.no n ; c. o r i :i~~ me an
'/:1 ri,1:1(~C \ ·~,-::2).
.: J r- :~ :-1 y s c [ 0 r c; a.t a ( Xl,~;2 ~;~dn 1 s c a Lc uLa c e d by:
:;sing a I I the a va i La b Le backgroundd;it~i ~ rib reaai:lgs), calculate the~;1C;(grounll .r c a n (X}3J and backg round
Cochranis :\~prOXi2ilCLon to the Gehr~!ns
Fisher Students' t-tesl
~~ - ~~ ca [ i s t i, C
d2ta surnma ry~-st2tistic
= S 2ill
Nm
and 'vim
= S 2B
WB
of.iumbe rc o no t e s
_.\.',1.-.: l I r·~·: :-:-:
:)js~r-~·,1[i;_;:1S ~:; (he set of
-~.. !:c :.-:i..~St u s e s t he s e
·./~~luc is comparee t o
:11'/ ~ :-:c:.l c.i t o r :;,: r arne t e r ,
:-I":l ,-1 C ~;i."~ii ,:.~ :::0 ~...1hether' c:-:ere is:comparison t-statisticT,I"" + TT" ].... ,:\ Ii r
~ m-m
and so theconclusionh3S Geen '"c harig e i:1
aa nc
c02narisc(t*)
the,.,.i.thThe c-stdtistic
t r s t a t i s t ic (t c )decision-rule:
.S :>·.i ~ i a r
1 :1C'
;: j r .: ;~: (-. L \~ r ':
p3r"ameter.
is e qua I co or-:hen conclude.
'"I - S -I -, -.. .... ~;
'.\ I .\ '.'\j .\
". E
T r:
;...:: J
rso s t; .l.i~:ely
inc re a s e inbeen a
t ru s
larger th,~
t na t the'!":
Sig2ificCl~
spec t z :.,
c12.7064.3033.1822.77;:'2.5712.4472.3652.30(,2.2622.2282.2012.1792.1802.14 :;2.1912.. 1202.11 02.1202.0932.0Kr;2.0HO2.0711
2.0692.0642.0602.0422.021
1.7171.71~, ~, 1J.... /1. ....
1. 7081.6971.684
6.3142.9202.3532.1322.0151. 9431. 8951.31l0i . 8331.13121.. 7961.7821.7711.7iH1 .7531.. 7461.740j .7481.7291.7251.721
t-values . t-va1u~s
(one-tall)! (r:'..lo-tall)!
,
1"I
./
.1I
·1I,
'1.,I
"
.1
'1.;.1
I
'j
:1i.\
'iI
'!
Degree ofFreedom
'),...,-v.
2122.23.
25.30.40.
12')..J
78910.ll.12.13.14.15.Hi.~ 7.18.19.
thent he rethis
If /-* is less than t c'conclude that most likelyhas not been a change inspecific parameter.
?rinciples
A f ur t he r discussion of the testin Statistical ~ethods
Section 4.1 4 ) by G. W.
W. C. Cochran, orand Procedures of
Stati::;tic3 Ost Edition, Section 5.8);V ~ ~. J. Steel 2nd J. H. Torrie.
may be found( 6 t h Edit ion,Snedecor and
The t-statistic for testing pH andsimilar monitoring parameters isconstructed in the same manner aspreviously deseri bed exc e p t thenegative sign (if any) is discardedand the caveat concerning the negativeva Lue is ignored. The standard(tT,olo-tailed) tables are used in theconstruction t c for pH and similarmonitoring parameters.
If t* is equal to or larger thant c ' then conclude that there mostlikely has been a significant increase(if the initial t* had been negative,this would imply a significantdecrease). If t* is less than t c'then c onc Lude that there most likely~~3 ~een no change.
Heat
corrosiveoLoer
AluminumBe ryLlLumCalcium
Group I-B
Potential consequences:generation; violent reaction.
Group 2-.1.
Li~e 31ucige a~d
alkaliesI..ime wastewaterLime and waterSpent caustic
Acid sludgeAcid and waterBattery acidChemical cleanersElectrolyte, acidEtching acid liquid or solvent.Pickling liquor and other corrosiveacidsSpent acidSpent mixed acidSpent sulfuric acid
waste
to be
g r a n c.i ng
to humansuch a sf.i r e or( 2)
':;G.2 n
ha rmf u L
::1compatible
... iicace tn2 neea for
:;r-essure,\Tiolenr: reac t i on , .( 4)
:;-,i.st::l, fumes, or gases,
'"..zht c n result from mixingo ne ,~roup i.·lith ma t e r i aLsgroup. The list is
guide to owners orL~eatment, storage, and~i:itl~S and to
r . c:' l:-J t n
" "j '.; .'-;;{ ~
.J., :·:equenccs
J:)l~l- .... C.()t-~ OL'
-.., . - .-/~ '/ 11.,..lm~able rt~:nes or gases.
;",1.0,i ,1.::-e.:::'<1;::;:>1<2s of potentially':;)cici.b.i.~ wa s ce s , wa s t e components,
n.. n.r c e r r a.r s , a l o ng wi::~ the na rmf u L
INCOMPATIbLE WASTE
.:· ...:.~LZ-.:..~;.l..-~ or c(';,-,:.p0'Zlef!!'.:'s.
- :.::::-: ~ -~ s c. _.» ;"i~:, C. i;-~ ::: e :ld ed
;'lany hazardous wastes, 'when mixed~~th ocher waste or macerials at a:';'iz;j,.rdous f,.;J3SC0 f ac t Li t y , can p roduc e
;',!,~ t 1 t h
'-. : ; :-:e;! t= o r,_,:{ p l, ,) ,:...; i o n , (3 )
metal
l.'J..r8 orfla~aDl~
and
or
8etals
'::OEsequer:ces:genera cion2y.?los:i.on;
Any waste in Grou~ l--A or
Group 2-B
LithiumMagnesium?otassiu:1SodiumZinc powderOther reac!:ivehydrides
or
potentiallym.ixed in a
~2 ~y?e listed below,
C~C;Ud2S ~ reaction (e.g.~,~ to :i&CQT rather tnan ~atEr
O\:'ner 0= .op~rator ~us~,
... >: r,,~:~~ij-_,~.:.~ .:j~S :,,:~~uit'c, acie qua c e L:.:-.: "'-;:lUS t i \'i'.
.; .:'. I ..i. 1,{~
'.\ • '/ L .r.: ~
: _ "_':~ l~
,; ..'.se;-.; ~~ ,~!1 Li-:';..·: nc r a t o r ) ,in t r.e ':"lS::3 ::2l.t)·~J:. :'~;';2 ;nixing of
~cetylenc sluci~e
.\lkaltn~ caust,~ li~uids
Group 3-3
Group 3-A
Water
nyd r o g e n 33.s.
Alcohols
A7iY concentrated waste in Groups 1-Aor 1-3
pot2Gtialc r.c
'ov"i c. :-.
, ,1.-~...Croup
Crour
c o n s e quc nc e 3.3 :10tt.=C.
"1Clceria.i
A,l.k~line corrosiv2 liquIdsA:kdline corros:ve 0attery EluiuC~lustic wa s zewa r e r
CalciuI:!LithiurJ:1etal i:.yctrides
,... .t"l.re,
Potassium50 2C12, SOCIZ,PC1 3,CH3SiC1 3Other water-reactive waste
Potential consequences: Fire,explosion, or heat generation;generntion of flammable or toxic gases.
Group 4-A
AlcoholsAldehydesHalogenated hydrocarborisXitrated hydrocar~ons
Unsaturated hydrocarbonsOther reactive organic compounds andsolvents
Group 4-B
Concentrated Group I-A or 1-3 wast~s
GeOUp 2-1\ was t e sPotential consequences:
explosion, or violent reaction.Group 5-A
Spent cyanide and sulfide solutions
Group 5-B
Group 1-B wastesPotential consequences:
Generation of toxic hydrogen cyanide0r hydrogen sulf:de gas.
Group 6-A
ChloratesChlorine
Chromic acidHyp oc hLo r i res:'~itrates
~itric acid, fumingParchLo r az e s?e rmarig ana te s?~roxides
Q~he~ stron~ oxidizers
Group 6-B
Acetic acid and other organic acidsConcentrated mineral acidsGroup 2-A wastesGr~up 4-A wastesOther f13mma~le and combustible wastes
Potential conse~uences:
explosion, or violent re3ctiof1.
Source: "Law , Reg u.Lat Lo n s , and
Guidelines for handling of Hazn rd ou s'tlaste." California Department ofHealth, February 1975.
(
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