[Code of Federal Regulations]
[Title 40, Volume 23]
[Revised as of July 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 40CFR264.101]

[Page 235-236]
 
                   TITLE 40--PROTECTION OF ENVIRONMENT
 
         CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY (CONTINUED)
 
PART 264--STANDARDS FOR OWNERS AND OPERATORS OF HAZARDOUS WASTE TREATMENT, 
STORAGE, AND DISPOSAL FACILITIES--Table of Contents
 
          Subpart F--Releases From Solid Waste Management Units
 
Sec. 264.101  Corrective action for solid waste management units.

    (a) The owner or operator of a facility seeking a permit for the 
treatment, storage or disposal of hazardous waste must institute 
corrective action as necessary to protect human health and the 
environment for all releases of hazardous waste or constituents from any 
solid waste management unit at the facility, regardless of the time at 
which waste was placed in such unit.
    (b) Corrective action will be specified in the permit in accordance 
with this section and subpart S of this part. The permit will contain 
schedules of compliance for such corrective action (where such 
corrective action cannot be completed prior to issuance of the permit) 
and assurances of financial responsibility for completing such 
corrective action.
    (c) The owner or operator must implement corrective actions beyond 
the facility property boundary, where necessary to protect human health 
and the environment, unless the owner or operator demonstrates to the 
satisfaction of the Regional Administrator that, despite the owner's or 
operator's best efforts, the owner or operator was unable to obtain the 
necessary permission to

[[Page 236]]

undertake such actions. The owner/operator is not relieved of all 
responsibility to clean up a release that has migrated beyond the 
facility boundary where off-site access is denied. On-site measures to 
address such releases will be determined on a case-by-case basis. 
Assurances of financial responsibility for such corrective action must 
be provided.
    (d) This does not apply to remediation waste management sites unless 
they are part of a facility subject to a permit for treating, storing or 
disposing of hazardous wastes that are not remediation wastes.

[50 FR 28747, July 15, 1985, as amended at 52 FR 45798, Dec. 1, 1987; 58 
FR 8683, Feb. 16, 1993; 63 FR 65938, Nov. 30, 1998]