Current through Register Vol. 47, No. 17, September 10, 2024
(a) The
owner or operator of surface impoundment units subject to § 264.221 (c) or
(d) must have an approved response action plan before receipt of waste. The
response action plan must set forth the actions to be taken if the action
leakage rate has been exceeded. At a minimum, the response action plan must
describe the actions specified in paragraph (b) of this section.
(b) If the flow rate into the leak detection
system exceeds the action leakage rate for any sump, the owner or operator
must:
(1) Notify the Department in writing of
the exceedence within 7 days of the determination;
(2) Submit a preliminary written assessment
to the Department within 14 days of the determination, as to the amount of
liquids, likely sources of liquids, possible location, size, and cause of any
leaks, and short-term actions taken and planned;
(3) Determine to the extent practicable the
location, size, and cause of any leak;
(4) Determine whether waste receipt should
cease or be curtailed, whether any waste should be removed from the unit for
inspection, repairs, or controls, and whether or not the unit should be
closed;
(5) Determine any other
short-term and longer-term actions to be taken to mitigate or stop any leaks;
and
(6) Within 30 days after the
notification that the action leakage rate has been exceeded, submit to the
Department the results of the analyses specified in paragraphs (b)(3), (4), and
(5) of this section, the results of actions taken, and actions planned. Monthly
thereafter, as long as the flow rate in the leak detection system exceeds the
action leakage rate, the owner or operator must submit to the Department a
report summarizing the results of any remedial actions taken and actions
planned.
(c) To make the
leak and/or remediation determinations in paragraphs (b)(3), (4), and (5) of
this section, the owner or operator must:
(1)
(i) Assess the source of liquids and amounts
of liquids by source,
(ii) Conduct
a fingerprint, hazardous, constituent, or other analyses of the liquids in the
leak detection system to identify the source of liquids and possible location
of any leaks, and the hazard and mobility of the liquid; and
(iii) Assess the seriousness of any leaks in
terms of potential for escaping into the environment; or
(2) Document why such assessments are not
needed.
