California Code of Regulations
Title 14 - Natural Resources
Division 7 - Department of Resources Recycling and Recovery
Chapter 3 - Minimum Standards for Solid Waste Handling and Disposal
Article 5.6 - Nonhazardous Petroleum Contaminated Soil Operations and Facilities Regulatory Requirements
Section 17361 - Definitions

Universal Citation: 14 CA Code of Regs 17361

Current through Register 2024 Notice Reg. No. 38, September 20, 2024

For the purposes of this Article:

(a) "Air District" means Air Pollution Control District or Air Quality Management District.

(b) "Contaminated Soil" means soil that:

(1) contains designated or nonhazardous concentrations, as set forth in Title 23, Chapter 15, Article 1, section 2510 et seq. of the California Code of Regulations, of petroleum hydrocarbons, such as gasoline and its components (benzene, toluene, xylene, and ethylbenzene), diesel and its components (benzene), virgin oil, motor oil, or aviation fuel, and lead as an associated metal; and

(2) has been determined pursuant to section 13263(a) of the Water Code to be a waste that requires regulation by the RWQCB or Local Oversight Agency.

(c) "Contaminated Soil Transfer/Processing Operation" means an operation that handles only contaminated soil for purposes of treatment, storage, or transfer. It does not include manufacturing operations.

(d) "Contaminated Soil Disposal Facility" means a facility that handles only contaminated soil for purposes of disposal. It does not include manufacturing operations.

(e) "Disposal" means

(1) final deposition of contaminated soil onto land, or,

(2) when located at a transfer/processing operation(s), deposition of contaminated soil onto land for a combined period of time greater than one year for transfer, storage, and/or treatment.

(3) Notwithstanding subdivision (e)(2) of this section, deposition of contaminated soil onto land shall not constitute disposal if the RWQCB or the enforcement agency authorizes contaminated soil to remain within the operations area for a period of time greater than one year for the purpose of treatment.

(4) Once the enforcement agency has reason to believe that contaminated soil has been disposed, the burden of proof shall be on the owner or operator to demonstrate that disposal has not occurred.

(5) Disposal does not include the use of contaminated soil for cover material at a solid waste landfill. Notwithstanding this section, contaminated soil shall still require approval for use as cover by the CIWMB and possibly other governmental agencies, including the RWQCB and Air Districts.

(f) "Local Oversight Agency" means the department, office, or other agency of a county or city authorized pursuant to law other than the Act, commencing with section 40000 of the Public Resources Code, to oversee the cleanup of contaminated soil at a specific location, including but not limited to those agencies designated pursuant to Health and Safety Code section 25283 (Underground Storage Tanks).

(g) "Manufacturing" means using contaminated soil as a raw material in making a finished product that is distinct from soil. Such finished products include but are not limited to asphalt and asphaltic concrete.

(h) "Noncontaminated Soil" means soil that is not required to be regulated as a waste by the RWQCB or Local Oversight Agency.

(i) "Operations Area" means the following areas within the boundary of a contaminated soil transfer/processing operation or disposal facility which is regulated by the CIWMB, the boundary may or may not be the same as the property boundary and could reflect a smaller area:

(1) equipment management area, including cleaning, maintenance, and storage areas;

(2) stocking areas for contaminated soil; and,

(3) treatment and/or transfer and/or storage and/or disposal areas.

(j) "Operator" means the owner; or other person who through a lease, franchise agreement or other arrangement with the owner, is legally responsible for all of the following:

(1) complying with regulatory requirements set forth in this Article;

(2) complying with all applicable federal, state and local requirements;

(3) the design, construction, and physical operation of the operations area; and

(4) site restoration.

(k) "Owner" means the person or persons who own, in whole or in part, a contaminated soil transfer/processing operation or disposal facility, or the land on which it is located.

(l) "RWQCB" means the Regional Water Quality Control Board.

(m) "Site" means the operations area.

(n) "Transfer" means a handling method where contaminated soil is received temporarily for purposes of transferring from one vehicle to another.

(o) "Treatment" means a reduction in petroleum hydrocarbons present in contaminated soil to a concentration specified by the RWQCB or Local Oversight Agency. Treatment methods may include, aeration, bioremediation, thermal, solidification and chemical fixation, and soil washing.

1. New section filed 3-25-96; operative 4-24-96 (Register 96, No. 13).

Note: Authority cited: Sections 40502, 43020 and 43021, Public Resources Code. Reference: Sections 43020 and 43021, Public Resources Code.

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