[Code of Federal Regulations]
[Title 40, Volume 24]
[Revised as of July 1, 2004]
From the U.S. Government Printing Office via GPO Access
[CITE: 40CFR265.14]

[Page 468-469]
 
                   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. 265.14  Security.

    (a) The owner or operator must prevent the unknowing entry, and 
minimize the possibility for the unauthorized entry, of persons or 
livestock on to the active portion of his facility, unless:
    (1) Physical contact with the waste, structures, or equipment with 
the active portion of the facility will not injure unknowing or 
unauthorized persons or livestock which may enter the active portion of 
a facility, and
    (2) Disturbance of the waste or equipment, by the unknowing or 
unauthorized entry of persons or livestock onto the active portion of a 
facility, will not cause a violation of the requirements of this part.
    (b) Unless exempt under paragraphs (a)(1) and (2) of this section, a 
facility must have:
    (1) A 24-hour surveillance system (e.g., television monitoring or 
surveillance by guards of facility personnel) which continuously 
monitors and controls entry onto the active portion of the facility; or
    (2)(i) An artificial or natural barrier (e.g., a fence in good 
repair or a fence combined with a cliff), which completely surrounds the 
active portion of the facility; and
    (ii) A means to control entry, at all times, through the gates or 
other entrances to the active portion of the facility (e.g., an 
attendant, television monitors, locked entrance, or controlled roadway 
access to the facility).

[Comment: The requirements of paragraph (b) of this section are 
satisfied if the facility or plant within which the active portion is 
located itself has a surveillance system, or a barrier and a means to 
control entry, which complies with the requirements of paragraph (b)(1) 
or (2) of this section.]

    (c) Unless exempt under paragraphs (a)(1) and (a)(2) of this 
section, a sign with the legend, ``Danger--Unauthorized Personnel Keep 
Out,'' must be posted at each entrance to the active portion of a 
facility, and at other locations, in sufficient numbers to be seen from 
any approach to this active portion. The legend must be written in 
English and in any other language predominant in the area surrounding 
the facility (e.g., facilities in counties bordering the Canadian 
province of Quebec must post signs in French; facilities in counties 
bordering Mexico must post signs in Spanish), and must be legible from a 
distance of at least 25 feet. Existing signs with a legend other than

[[Page 469]]

``Danger--Unauthorized Personnel Keep Out'' may be used if the legend on 
the sign indicates that only authorized personnel are allowed to enter 
the active portion, and that entry onto the active portion can be 
dangerous.

[Comment: See Sec. 265.117(b) for discussion of security requirements 
at disposal facilities during the post-closure care period.]