[Code of Federal Regulations]
[Title 40, Volume 24]
[Revised as of July 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 40CFR270.17]

[Page 288-289]
 
                   TITLE 40--PROTECTION OF ENVIRONMENT
 
                           AGENCY (CONTINUED)
 
PART 270--EPA ADMINISTERED PERMIT PROGRAMS: THE HAZARDOUS WASTE PERMIT PROGRAM--Table of Contents
 
                      Subpart B--Permit Application
 
Sec. 270.17  Specific part B information requirements for surface impoundments.

    Except as otherwise provided in Sec. 264.1, owners and operators of 
facilities that store, treat or dispose of hazardous waste in surface 
impoundments must provide the following additional information:
    (a) A list of the hazardous wastes placed or to be placed in each 
surface impoundment;
    (b) Detailed plans and an engineering report describing how the 
surface impoundment is designed and is or will be constructed, operated, 
and maintained to meet the requirements of Secs. 264.19, 264.221, 
264.222, and 264.223 of this chapter, addressing the following items:
    (1) The liner system (except for an existing portion of a surface 
impoundment). If an exemption from the requirement for a liner is sought 
as provided by Sec. 264.221(b), submit detailed plans and engineering 
and hydrogeologic reports, as appropriate, describing alternate design 
and operating practices that will, in conjunction with location aspects, 
prevent the migration of any hazardous constituents into the ground 
water or surface water at any future time;
    (2) The double liner and leak (leachate) detection, collection, and 
removal system, if the surface impoundment must meet the requirements of 
Sec. 264.221(c) of this chapter. If an exemption from the requirements 
for double liners and a leak detection, collection, and removal system 
or alternative design is sought as provided by Sec. 264.221 (d), (e), or 
(f) of this chapter, submit appropriate information;
    (3) If the leak detection system is located in a saturated zone, 
submit detailed plans and an engineering report explaining the leak 
detection system design and operation, and the location of the saturated 
zone in relation to the leak detection system;
    (4) The construction quality assurance (CQA) plan if required under 
Sec. 264.19 of this chapter;
    (5) Proposed action leakage rate, with rationale, if required under 
Sec. 264.222 of this chapter, and response action plan, if required 
under Sec. 264.223 of this chapter;
    (6) Prevention of overtopping; and

[[Page 289]]

    (7) Structural integrity of dikes;
    (c) A description of how each surface impoundment, including the 
double liner system, leak detection system, cover system, and 
appurtenances for control of overtopping, will be inspected in order to 
meet the requirements of Sec. 264.226(a), (b), and (d) of this chapter. 
This information must be included in the inspection plan submitted under 
Sec. 270.14(b)(5);
    (d) A certification by a qualified engineer which attests to the 
structural integrity of each dike, as required under Sec. 264.226(c). 
For new units, the owner or operator must submit a statement by a 
qualified engineer that he will provide such a certification upon 
completion of construction in accordance with the plans and 
specifications;
    (e) A description of the procedure to be used for removing a surface 
impoundment from service, as required under Sec. 264.227(b) and (c). 
This information should be included in the contingency plan submitted 
under Sec. 270.14(b)(7);
    (f) A description of how hazardous waste residues and contaminated 
materials will be removed from the unit at closure, as required under 
Sec. 264.228(a)(1). For any wastes not to be removed from the unit upon 
closure, the owner or operator must submit detailed-plans and an 
engineering report describing how Sec. 264.228(a)(2) and (b) will be 
complied with. This information should be included in the closure plan 
and, where applicable, the post-closure plan submitted under 
Sec. 270.14(b)(13);
    (g) If ignitable or reactive wastes are to be placed in a surface 
impoundment, an explanation of how Sec. 264.229 will be complied with;
    (h) If incompatible wastes, or incompatible wastes and materials 
will be placed in a surface impoundment, an explanation of how 
Sec. 264.230 will be complied with.
    (i) A waste management plan for EPA Hazardous Waste Nos. FO20, FO21, 
FO22, FO23, FO26, and FO27 describing how the surface impoundment is or 
will be designed, constructed, operated, and maintained to meet the 
requirements of Sec. 264.231. This submission must address the following 
items as specified in Sec. 264.231:
    (1) The volume, physical, and chemical characteristics of the 
wastes, including their potential to migrate through soil or to 
volatilize or escape into the atmosphere;
    (2) The attenuative properties of underlying and surrounding soils 
or other materials;
    (3) The mobilizing properties of other materials co-disposed with 
these wastes; and
    (4) The effectiveness of additional treatment, design, or monitoring 
techniques.
    (j) Information on air emission control equipment as required in 
Sec. 270.27.

[48 FR 14228, Apr. 1, 1983, as amended at 50 FR 2006, Jan. 14, 1985; 50 
FR 28752, July 15, 1985; 57 FR 3495, Jan. 29, 1992; 59 FR 62952, Dec. 6, 
1994]