Section 25179.12 Of Article 7.7. Hazardous Waste Treatment Reform Act Of 1995 From California Health And Safety Code >> Division 20. >> Chapter 6.5. >> Article 7.7.
25179.12
. (a) Except as provided in subdivisions (b) and (c), a
person operating a land treatment facility is exempt from the
requirements of Sections 25179.5 and 25179.6 if the facility is in
compliance with the requirements of all state and federal statutes
and regulations applicable to land treatment facilities, including,
but not limited to, subdivision (b), and the facility has either been
issued a final hazardous waste facilities permit or is operating
under, and in compliance with, the requirements of interim status and
the facility operator has submitted an application for a final
permit.
(b) Land treatment facilities at which hazardous constituents have
migrated from the treatment zone shall not be eligible for an
exemption pursuant to subdivision (a) until the contamination has
been removed to the satisfaction of the department. In order for the
department to determine whether hazardous constituents have migrated
from the treatment zone, the owner or operator of the land treatment
facility shall provide data to the department on at least all of the
following:
(1) Soil cores taken from below the treatment zone.
(2) Groundwater monitoring.
(3) Unsaturated zone monitoring.
(4) Waste analysis.
(5) Historical activities at the facility.
(c) A land treatment facility may not treat hazardous waste which
has been restricted or prohibited by the Environmental Protection
Agency pursuant to Section 3004 of the federal act unless the land
treatment has been authorized by the Administrator of the
Environmental Protection Agency.