Cyanide- and sulfide-bearing reactive waste may be packed in accordance with paragraphs a through d of this section without first being treated or rendered non-reactive. Attached to and forming part of policy No. The owner or operator must submit these reports annually. Significant discrepancies in quantity are: 1 For bulk waste, variations greater than 10 percent in weight, and 2 for batch waste, any variation in piece count, such as a discrepancy of one drum in a truckload. This information must be maintained in the operating record until closure of the facility. If there is a failure to pay the premium, the insurer may elect to cancel, terminate, or fail to renew the policy by sending notice by certified mail to the owner or operator and the Regional Administrator. In deciding whether to grant an exemption, the Regional Administrator will consider: 1 The nature and quantity of the wastes; 2 The proposed alternate design and operation; 3 The hydrogeologic setting of the facility, including attenuative capacity and thickness of the liners and soils present between the pile and ground water or surface water; and 4 All other factors which would influence the quality and mobility of the leachate produced and the potential for it to migrate to ground water or surface water.
For new facilities, this information must be supplied to the Regional Administrator at the time of certification, rather than at the time of permit application. 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 Regional Administrator a report summarizing the results of any remedial actions taken and actions planned. This adjusted level will be based on the Regional Administrator's assessment of the degree and duration of risk associated with the ownership or operation of the facility or group of facilities. If the collected material is discharged through a point source to waters of the United States, it is subject to the requirements of section 402 of the Clean Water Act, as amended. After closure of the regulated unit, the regulations in this subpart: 1 Do not apply if all waste, waste residues, contaminated containment system components, and contaminated subsoils are removed or decontaminated at closure; 2 Apply during the post-closure care period under §264. One temperature sensor shall be installed in the vent stream at the nearest feasible point to the catalyst bed inlet and a second temperature sensor shall be installed in the vent stream at the nearest feasible point to the catalyst bed outlet.
The owner or operator must provide the alternate financial assurance within 120 days after the end of such fiscal year. The owner or operator shall enter the implementation schedule in the operating record or in a permanent, readily available file located at the facility. At a minimum, the inspection schedule must include the items and frequencies called for in §§ 264. In establishing alternate concentration limits, the Regional Administrator will consider the following factors: 1 Potential adverse effects on ground-water quality, considering: i The physical and chemical characteristics of the waste in the regulated unit, including its potential for migration; ii The hydrogeological characteristics of the facility and surrounding land; iii The quantity of ground water and the direction of ground-water flow; iv The proximity and withdrawal rates of ground-water users; v The current and future uses of ground water in the area; vi The existing quality of ground water, including other sources of contamination and their cumulative impact on the ground-water quality; vii The potential for health risks caused by human exposure to waste constituents; viii The potential damage to wildlife, crops, vegetation, and physical structures caused by exposure to waste constituents; ix The persistence and permanence of the potential adverse effects; and 2 Potential adverse effects on hydraulically-connected surface-water quality, considering: i The volume and physical and chemical characteristics of the waste in the regulated unit; ii The hydrogeological characteristics of the facility and surrounding land; iii The quantity and quality of ground water, and the direction of ground-water flow; iv The patterns of rainfall in the region; v The proximity of the regulated unit to surface waters; vi The current and future uses of surface waters in the area and any water quality standards established for those surface waters; vii The existing quality of surface water, including other sources of contamination and the cumulative impact on surface water quality; viii The potential for health risks caused by human exposure to waste constituents; ix The potential damage to wildlife, crops, vegetation, and physical structures caused by exposure to waste constituents; and x The persistence and permanence of the potential adverse effects. Actual payments by the insurer will not change the face amount, although the insurer's future liability will be lowered by the amount of the payments.
The facility must send the waste to the alternative facility or to the generator within 60 days of the rejection or the container residue identification. To pass this test the owner or operator must meet the criteria of either paragraph f 1 i or ii of this section: i The owner or operator must have: A Two of the following three ratios: a ratio of total liabilities to net worth less than 2. Such assignment may be conditional upon consent of the insurer, provided such consent is not unreasonably refused. If requested by a Regional Administrator, the owner or operator must provide a signed duplicate original of the insurance policy. Indicate for each whether guarantee is for closure, post-closure care, or both. The point of compliance is a vertical surface located at the hydraulically downgradient limit of the waste management area that extends down into the uppermost aquifer underlying the regulated units. At a minimum, these records must include the date and time of the inspection, the name of the inspector, a notation of the observations made, and the date and nature of any repairs or other remedial actions.
The Regional Administrator will agree to termination of the Trust when the owner or operator substitutes alternate financial assurance as specified in this section. The written notification or request must include a copy of the amended closure plan for review or approval by the Regional Administrator. The mechanisms must be as specified in paragraphs a , b , d , and e , respectively, of this section, except that it is the combination of mechanisms, rather than the single mechanism, which must provide financial assurance for an amount at least equal to the current post-closure cost estimate. The automatic renewal of the policy must, at a minimum, provide the insured with the option of renewal at the face amount of the expiring policy. If the value of the fund is less than the amount of the new estimate, the owner or operator, within 60 days after the change in the cost estimate, must either deposit an amount into the fund so that its value after this deposit at least equals the amount of the current post-closure cost estimate, or obtain other financial assurance as specified in this section to cover the difference. The facility must place in its operating record a dated copy of this notification and revert back to the non-Performance Track inspection frequencies within seven calendar days. Special requirements for incompatible wastes.
C The Regional Administrator may also designate other constituents as principal hazardous constituents that the Regional Administrator determines pose a risk to human health and the environment substantially higher than the cleanup levels or goals at the site. Legal defense costs means any expenses that an insurer incurs in defending against claims of third parties brought under the terms and conditions of an insurance policy. Immediately after construction or installation, liners must be inspected and certified as meeting the requirements in §264. The Regional Administrator will specify in the facility permit the elements of the treatment program, including: 1 The wastes that are capable of being treated at the unit based on a demonstration under §264. No person dealing with the Trustee shall be bound to see to the application of the purchase money or to inquire into the validity or expediency of any such sale or other disposition; b To make, execute, acknowledge, and deliver any and all documents of transfer and conveyance and any and all other instruments that may be necessary or appropriate to carry out the powers herein granted; c To register any securities held in the Fund in its own name or in the name of a nominee and to hold any security in bearer form or in book entry, or to combine certificates representing such securities with certificates of the same issue held by the Trustee in other fiduciary capacities, or to deposit or arrange for the deposit of such securities in a qualified central depositary even though, when so deposited, such securities may be merged and held in bulk in the name of the nominee of such depositary with other securities deposited therein by another person, or to deposit or arrange for the deposit of any securities issued by the United States Government, or any agency or instrumentality thereof, with a Federal Reserve bank, but the books and records of the Trustee shall at all times show that all such securities are part of the Fund; d To deposit any cash in the Fund in interest-bearing accounts maintained or savings certificates issued by the Trustee, in its separate corporate capacity, or in any other banking institution affiliated with the Trustee, to the extent insured by an agency of the Federal or State government; and e To compromise or otherwise adjust all claims in favor of or against the Fund. As used in this Agreement: a The term Grantor means the owner or operator who enters into this Agreement and any successors or assigns of the Grantor. The owner or operator must submit these reports semi-annually.
The program must ensure that the constructed unit meets or exceeds all design criteria and specifications in the permit. An owner or operator of a new facility must submit the letter of credit to the Regional Administrator at least 60 days before the date on which hazardous waste is first received for treatment, storage, or disposal. However, he must maintain the value of the fund at no less than the value that the fund would have if annual payments were made as specified in paragraph a 3 of this section. The owner or operator must notify the Secretary in writing at least 45 days prior to the date on which he expects to begin final closure of a facility with only treatment or storage tanks, container storage, or incinerator units to be closed. The Regional Administrator will specify that time period in the facility permit, after considering the complexity of the statistical test and the availability of laboratory facilities to perform the analysis of ground-water samples.
Pending this determination, the owner or operator will be deemed to be in compliance with the requirements of §264. Post-closure plan; amendment of plan. In deciding whether to grant an exemption, the Regional Administrator will consider: 1 The nature and quantity of the wastes; 2 The proposed alternate design and operation; 3 The hydrogeologic setting of the facility, including attenuative capacity and thickness of the liners and soils present between the pile and ground water or surface water; and 4 All other factors which would influence the quality and mobility of the leachate produced and the potential for it to migrate to ground water or surface water. The liner system must have: 1 A liner that is designed, constructed, and installed to prevent any migration of wastes out of the landfill to the adjacent subsurface soil or ground water or surface water at anytime during the active life including the closure period of the landfill. The owner or operator must conduct these inspections often enough to identify problems in time to correct them before they harm human health or the environment, and must remedy the problem before it leads to a human health or environmental hazard. The record shall include supporting documentation as required by §264.