Section 25209.4 Of Article 9.6. Land Treatment Units From California Health And Safety Code >> Division 20. >> Chapter 6.5. >> Article 9.6.
25209.4
. (a) Except as provided in Section 25209.6, no person shall
place or dispose of hazardous waste in a land treatment unit if any
of the following conditions exist:
(1) Hazardous constituents have migrated from the land treatment
unit into the vadose zone beneath or surrounding the treatment zone
or into the waters beneath or surrounding the treatment zone.
(2) There is evidence that a hazardous constituent in the waste
discharged to the land treatment unit has not been or will not be
completely degraded, transformed, or immobilized in the treatment
zone.
(3) There is a significant potential for hazardous constituents to
migrate from the land treatment unit into a potential source of
drinking water.
(b) The owner or operator of a land treatment unit shall do all of
the following:
(1) Periodically, at the request of the department, and at least
annually, submit information the department may require in order to
evaluate whether the conditions set forth in paragraph (1) or (2) of
subdivision (a) are not present. The information to be submitted to
the department shall include, but is not limited to, a sufficient
number of soil core samples in, beneath, and surrounding the
treatment zone of the land treatment unit to detect any hazardous
constituents which may have migrated from the treatment zone. The
department may adopt regulations requiring additional or more
frequent testing.
(2) Within 72 hours of detecting and confirming the existence of
either of the conditions identified in paragraph (1) or (2) of
subdivision (a), or the presence of factors that render the owner or
operator unable to continue satisfying the variance requirements of
subdivision (b) of Section 25209.2, report to the department
describing the full extent of the owner's or operator's findings.
(c) Upon receiving notice pursuant to paragraph (2) of subdivision
(b), or upon the independent confirmation by the department, the
department shall order the owner or operator to cease operating the
land treatment unit. The owner or operator shall not resume operating
the land treatment unit and shall close the land treatment unit
unless one of the following actions is taken:
(1) The owner or operator completes appropriate removal or
remedial actions to the satisfaction of the department and the owner
or operator submits to the department, and the department approves,
an application for a permit or variance modification to modify the
operating practices at the facility to maximize the success of
degradation, immobilization, or transformation processes in the
treatment zone, if the owner or operator has not previously submitted
an application for a permit or variance modification pursuant to
this paragraph.
(2) The owner or operator completes appropriate removal or
remedial actions and equips the land treatment unit with liners,
leachate collection and removal systems, a groundwater monitoring
system, and a vadose zone monitoring system that satisfy the
requirements of Section 25209.5, if the land treatment unit has not
already been equipped with these systems.
(d) All actions taken by an owner or operator pursuant to
paragraph (1) or (2) of subdivision (c) shall be completed within a
time period specified by the department, which shall not exceed 18
months after the department receives notice pursuant to subdivision
(c). If the actions are not completed within this time period, the
land treatment unit shall be closed, unless granted an extension by
the department due to exceptional circumstances beyond the control of
the owner and operator.