[Code of Federal Regulations]

[Title 40, Volume 26]

[Revised as of July 1, 2006]

From the U.S. Government Printing Office via GPO Access

[CITE: 40CFR270.17]



[Page 330-331]

 

                   TITLE 40--PROTECTION OF ENVIRONMENT

 

         CHAPTER I--ENVIRONMENTAL PROTECTION 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 Sec. Sec.  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



[[Page 331]]



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

    (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]