[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: 40CFR264.19]

[Page 215-216]
 
                   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 B--General Facility Standards
 
Sec. 264.19  Construction quality assurance program.

    (a) CQA program. (1) A construction quality assurance (CQA) program 
is required for all surface impoundment, waste pile, and landfill units 
that are required to comply with Secs. 264.221 (c) and (d), 264.251 (c) 
and (d), and 264.301 (c) and (d). The program must ensure that the 
constructed unit meets or exceeds all design criteria and specifications 
in the permit. The program must be developed and implemented under the 
direction of a CQA officer who is a registered professional engineer.
    (2) The CQA program must address the following physical components, 
where applicable:
    (i) Foundations;
    (ii) Dikes;
    (iii) Low-permeability soil liners;
    (iv) Geomembranes (flexible membrane liners);
    (v) Leachate collection and removal systems and leak detection 
systems; and
    (vi) Final cover systems.
    (b) Written CQA plan. The owner or operator of units subject to the 
CQA program under paragraph (a) of this section must develop and 
implement a written CQA plan. The plan must identify steps that will be 
used to monitor and document the quality of materials and the condition 
and manner of their installation. The CQA plan must include:
    (1) Identification of applicable units, and a description of how 
they will be constructed.
    (2) Identification of key personnel in the development and 
implementation of the CQA plan, and CQA officer qualifications.
    (3) A description of inspection and sampling activities for all unit 
components identified in paragraph (a)(2) of this section, including 
observations and tests that will be used before, during, and after 
construction to ensure that the construction materials and the installed 
unit components meet the design specifications. The description must 
cover: Sampling size and locations; frequency of testing; data 
evaluation procedures; acceptance and rejection criteria for 
construction materials; plans for implementing corrective measures; and 
data or other information to be recorded and retained in the operating 
record under Sec. 264.73.
    (c) Contents of program. (1) The CQA program must include 
observations, inspections, tests, and measurements sufficient to ensure:
    (i) Structural stability and integrity of all components of the unit 
identified in paragraph (a)(2) of this section;
    (ii) Proper construction of all components of the liners, leachate 
collection and removal system, leak detection system, and final cover 
system, according to permit specifications and good engineering 
practices, and proper installation of all components (e.g., pipes) 
according to design specifications;
    (iii) Conformity of all materials used with design and other 
material specifications under Secs. 264.221, 264.251, and 264.301.
    (2) The CQA program shall include test fills for compacted soil 
liners, using the same compaction methods as in the full scale unit, to 
ensure that the liners are constructed to meet the hydraulic 
conductivity requirements of Secs. 264.221(c)(1)(i)(B), 
264.251(c)(1)(i)(B), and 264.301(c)(1)(i)(B) in the field. Compliance 
with the hydraulic conductivity requirements must be verified by using 
in-situ testing on the constructed test fill. The Regional Administrator 
may accept an alternative demonstration, in lieu of a test fill, where 
data are sufficient to show that a constructed soil liner will meet the 
hydraulic conductivity requirements of Secs. 264.221(c)(1)(i)(B), 
264.251(c)(1)(i)(B), and 264.301(c)(1)(i)(B) in the field.
    (d) Certification. Waste shall not be received in a unit subject to 
Sec. 264.19 until the owner or operator has submitted to the Regional 
Administrator by certified mail or hand delivery a certification signed 
by the CQA officer that the approved CQA plan has been successfully 
carried out and that the unit meets the requirements of Secs. 264.221 
(c) or (d), 264.251 (c) or (d), or

[[Page 216]]

264.301 (c) or (d); and the procedure in Sec. 270.30(l)(2)(ii) of this 
chapter has been completed. Documentation supporting the CQA officer's 
certification must be furnished to the Regional Administrator upon 
request.

[57 FR 3486, Jan. 29, 1992]