[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: 40CFR265.19]

[Page 459-460]
 
                   TITLE 40--PROTECTION OF ENVIRONMENT
 
         CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY (CONTINUED)
 
PART 265--INTERIM STATUS STANDARDS FOR OWNERS AND OPERATORS OF HAZARDOUS 
WASTE TREATMENT, STORAGE, AND DISPOSAL FACILITIES--Table of Contents
 
                  Subpart B--General Facility Standards
 
Sec. 265.19  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. 265.221(a), 265.254, and 
265.301(a). 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. Before construction begins on a unit subject 
to the CQA program under paragraph (a) of this section, the owner or 
operator must develop 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. 265.73.
    (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 of 
this chapter.
    (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), 264.251(c)(1), and 
264.301(c)(1) of this chapter in the field. Compliance with the 
hydraulic conductivity requirements must be verified by using in-situ 
testing on the constructed test fill. The test fill requirement is 
waived where data are sufficient to show that a constructed soil liner 
meets the hydraulic conductivity requirements of Secs. 264.221(c)(1), 
264.254(c)(1), and 264.301(c)(1) of this chapter in the field.
    (d) Certification. The owner or operator of units subject to Sec. 
265.19 must submit to the Regional Administrator by certified mail or 
hand delivery, at least 30 days prior to receiving waste, a 
certification signed by the CQA officer that the CQA plan has been 
successfully carried out and that the unit meets the requirements of 
Secs. 265.221(a), 265.254, or 265.301(a). The owner or operator may 
receive waste in the unit after 30 days from the Regional 
Administrator's receipt of the CQA certification unless the Regional 
Administrator determines in writing that the

[[Page 460]]

construction is not acceptable, or extends the review period for a 
maximum of 30 more days, or seeks additional information from the owner 
or operator during this period. Documentation supporting the CQA 
officer's certification must be furnished to the Regional Administrator 
upon request.

[57 FR 3491, Jan. 29, 1992]