§ 267.22 General operating requirements.

(a) Incompatible wastes, or incompatible waste and materials, must not be placed in the same landfill, unless § 264.17(b) is complied with. The waste analysis plan required by § 264.13 must include the analysis needed to comply with this paragraph.

(b) Any emplaced liner material must be installed in a manner that will protect the function and physical integrity of the liner.

(c) The leachate and runoff control system must be operated and maintained in a manner that will comply with 267.10 of this part. The procedures for operating the leachate and runoff control system must reflect a consideration of:

(1) The volume of leachate or contaminated runoff produced at the facility;

(2) The capacity of any leachate or runoff collection device at the facility; (3) Climatic conditions in the area; and

(4) The quality of the leachate or runoff produced and the available alternatives for managing any leachate or contaminated runoff produced at the facility.

(d) The landfill must be inspected at a sufficient frequency to assure compliance with § 267.10 of this part.

§ 267.23 Closure and post-closure.

(a) A landfill must be closed in a manner that will comply with § 267.10 of this part. Closure must include placement of a final cover over the landfill, and the closure plan under § 264.112 of this chapter must specify the function and design of the cover. Proper closure of a landfill must reflect a consideration of:

(1) The type and amount of waste in the facility;

(2) The mobility and expected rate of migration of waste;

(3) Site location, topography and surrounding land use;

(4) Climatic conditions in the area; (5) Characteristics of the cover including material, final surface contours, thickness, porosity and permeability, slope, length of run of slope, and type of vegetation on the cover; and

(6) Geological and soil profiles and surface and subsurface hydrology of the site.

(b) A landfill must be maintained in a manner that complies with § 267.10 of this part during the post-closure period. The post-closure plan under § 264.118 of this chapter must specify the procedures that will be used to satisfy this paragraph. Proper maintenance of a landfill during the post-closure period must reflect a consideration of:

(1) The type and amount of waste in the facility;

(2) The mobility and expected rate of migration of the waste;

(3) Site location, topography and surrounding land use;

(4) Climatic conditions in the area; (5) Characteristics of the cover including material, final surface contours, thickness, porosity and permeability, slope, length of run of slope, and type of vegetation on the cover;

(6) Geological and soil profiles and surface and subsurface hydrology of the site; and

(7) The maintenance of any groundwater monitoring system or leachate and runoff control system at the facility.

§ 267.31 General design requirements.

(a) Each surface impoundment must include a liner designed to comply with § 267.10 of this part. The design of the facility liner must reflect a consideration of:

(1) The physical and chemical characteristics of the waste in the facility; (2) The pressure head on the liner; (3) Climatic conditions in the area; (4) The permeability of the liner material, including compaction density and moisture content where earthen materials are present;

(5) The physical and chemical properties of the soil underlying the facility that supports any emplaced liner; and

(6) The potential for damage to the liner system that could occur during installation of any emplaced liner.

(b) Each surface impoundment must be designed so as to prevent overtopping due to wind and wave action, overfilling, precipitation or any combination thereof.

(c) Where dikes are part of the surface impoundment, the dikes must be designed to comply with § 267.10 of this part. The design of any facility dikes must reflect a consideration of:

(1) The structural integrity of the dike, including the effects of plants and burrowing animals on earthern dikes;

(2) The potential for water erosion of the dike; and

(3) The potential for wind erosion of the dike.

§ 267.32 General operating requirements.

(a) Incompatible wastes, or incompatible wastes and materials, must not be placed in the same surface impoundment, unless § 264.17(b) is complied with. The waste analysis plan required by § 264.13 must include the analyses needed to comply with this paragraph.

(b) Any emplaced liner material must ber installed in a manner that will protect the function and physical integrity of the liner.

(c) The surface impoundment must be operated so as to prevent overtopping due to wind and wave action, overfilling, precipitation or any combination thereof.

(d) The surface impoundment must be inspected at a sufficient frequency to assure compliance with § 267.10 of this part.

§ 267.33 Closure and post-closure.

(a) A surface impoundment must be closed in a manner that will comply with 267.10 of this part. Closure must include placement of a final cover over the surface impoundment, and the closure plan under § 264.112 of this chapter must specify the function and design of the cover. Proper closure of a surface impoundment must reflect a consideration of:

(1) The type and amount of waste in the facility, including the amount of free liquids;

(2) The mobility and expected rate of migration of the waste;

(3) Site location, topography and surrounding land use;

(4) Climatic conditions in the area; (5) Characteristics of the cover including material, final surface contours, thickness, porosity and permeability, slope, length of run of slope and type of vegetation on the cover;

(6) Geological and soil profiles and surface and subsurface hydrology of the site; and

(7) The potential for eliminating free liquids from the facility.

(b) A surface impoundment must be maintained in a manner that complies with 267.10 of this part during the post-closure period. The post-closure plan under § 264.118 of this chapter must specify the procedures that will be used to satisfy this paragraph. Proper maintenance of a surface impoundment during the post-closure period must reflect a consideration of: (1) The type and amount of waste in the facility;

(2) The mobility and expected rate of migration of the waste;

(3) Site location, topography and surrounding land use;

(4) Climatic conditions in the area; (5) Characteristics of the cover including material, final surface contours, thickness, porosity and permeability, slope, length of run of slope, and type of vegetation on the cover;

§ 267.41 General design requirements.

Each land treatment facility must include a runoff control system designed to comply with § 267.10 of this part. The design of the facility runoff control system must reflect a consideration of:

(a) The physical, biological and chemical characteristics of the waste in the facility;

(b) Climatic conditions in the area; (c) The volume of runoff that could be produced at the facility; and

(d) The available options for managing any contaminated runoff that is collected at the facility.

§ 267.42 General operating requirements. (a) Incompatible wastes, or incompatible wastes and materials, must not be placed in the same land treatment facility, unless § 264.17(b) is complied with. The waste analysis plan required

by § 264.13 must include the analyses needed to comply with this paragraph.

(b) The runoff control system must be operated and maintained in a manner that will comply with § 267.10 of this part. The procedures for operating the runoff control system must reflect a consideration of:

(1) The volume of contaminated runoff produced at the facility;

(2) The capacity of any runoff collection device at the facility;

(3) Climatic conditions in the area; and

(4) The quality of the runoff produced and the available options for managing any contaminated runoff from the facility.

(c) The land treatment facility must be operated to treat the waste in the facility to the extent necessary to comply with § 267.10 of this part.

(d) If food-chain crops are grown at the facility, the facility must be operated in a manner designed to protect the quality of those crops to the extent necessary to comply with § 267.10 of this part. Proper operation of a land treatment facility on which food-chain crops are grown must reflect a consideration of:

(1) The characteristics of the soil, including the pH;

(2) The volume and chemical, biological and physical characteristics of the waste in the facility;

(3) The type of crop to be grown;

(4) The manner in which such crop marketed (e.g. direct sale to consumers, use as an animal feed grain);

(5) The potential future uses of the facility;

(6) The potential for crop uptake of waste constituents; and

(7) The potential exposure of workers who handle the crop to waste constituents.

(e) The treatment facility must be inspected at a sufficient frequency to assure compliance with § 267.10 of this part.

§ 267.43 Unsaturated zone monitoring.

In addition to the ground-water monitoring program required in Subpart F of this part, a land treatment facility must have an unsaturated zone monitoring program which will

assure compliance with § 267.10. An unsaturated zone monitoring program must include an unsaturated zone monitoring system at the facility or at a representative test plot, as well as procedures for sampling, analysis and evaluation of data. The unsaturated zone monitoring program required by this paragraph must reflect a consideration of:

(a) The placement and depth of monitoring wells that is necessary to obtain a representative sample of the success of waste treatment in the facility;

(b) Soil characteristics, including its pH, its permeability and the level of microbial activity in the soil;

(c) Climatic conditions in the area; (d) The potential for rapid migration of waste constituents through the soil; and

(e) The accessibility of the monitoring system devices for maintenance and repair.

§ 267.44 Closure and post-closure.

(a) A land treatment facility must be closed in a manner that will comply with § 267.10 of this part. The closure plan under § 264.112 of this chapter must specify the measures which will be used to satisfy this paragraph. Proper closure of a land treatment facility must reflect a consideration of:

(1) The type and amount of waste applied to the facility;

(2) The mobility and expected rate of migration of the waste;

(3) Site location, topography and surrounding land use;

(4) Climatic conditions in the area, including the amount, frequency and pH of precipitation;

(5) Geologic and soil profiles and surface and subsurface hydrology of the site, including cation exchange capacity, total organic carbon and pH of the soil; and

(6) Unsaturated zone monitoring information obtained under § 267.43.

(b) A land treatment facility must be maintained in a manner that complies with § 267.10 of this part during the post-closure period. The post-closure plan under § 264.118 of this chapter must specify the procedures that will be used to satisfy this paragraph. Proper maintenance of a land treat

ment facility during the post-closure period must reflect a consideration of:

(1) The type and amount of waste applied to the facility;

(2) The mobility and expected rate of migration of the waste;

(3) Site location, topography and surrounding land use;

(4) Climatic conditions in the area, including the amount, frequency and pH of precipitation;

(5) Geologic and soil profiles and surface and subsurface hydrology of the site, including cation exchange capacity, total organic carbon and pH of the soil;

(6) Unsaturated zone monitoring information obtained under § 267.43; and

(7) The maintenance of any groundwater monitoring system at the facility.

§ 267.45 Treatment of waste.

The Regional Administrator may waive any of the requirements in § 267.21, § 267.22 or § 267.23 of this subpart where necessary to achieve treatment of hazardous waste in a land treatment facility, provided that the waiver does not result in non-compliance with § 267.10.

§ 267.46 Additional requirements.

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The Regional Administrator may place additional requirements owners or operators of new land treatment facilities, besides those otherwise required by this subpart, where necessary to comply with § 267.10 of this part.

Subpart F-Ground-Water Monitoring § 267.50 Applicability.

Each new hazardous waste landfill, surface impoundment, or land treatment facility must have a groundwater monitoring program, which includes a ground-water monitoring system, procedures for sampling, analysis and evaluation of ground-water data, and appropriate response procedures.

§ 267.51 Ground-water monitoring system.

The ground-water system required by this subpart must be capable of de

termining the facility's impact on ground-water in the uppermost aquifer so as to assure compliance with § 267.10 of this part. The design of the ground-water monitoring system must reflect a consideration of:

(a) The placement and depth of monitoring wells that is necessary to obtain a representative sample of constituents in the uppermost aquifer, including those present in the groundwater upgradient from the facility;

(b) Measures such as casing which maintain the integrity of the monitoring well bore hole; and

(c) Measures which prevent contamination of ground-water samples.

§ 267.52 Ground-water monitoring procedures.

(a) The ground-water monitoring procedures required by this subpart must be capable of assuring compliance with § 267.10 of this part. The procedures must reflect a consideration of:

(1) Sample collection procedures; (2) Sample preservation and shipment procedures;

(3) Analytical methods;

(4) Chain of custody control; and (5) Evaluation procedures, including methods for determining the extent and rate of migration of waste constituents.

(b) The ground-water monitoring procedures required by this subpart must include appropriate procedures for when the ground-water monitoring program indicates that the facility is not in compliance with § 267.10 of this part. Such response procedures must be contained in the contingency plan required by Subpart D of Part 264.

§ 267.53 Additional requirements.

The Regional Administrator may place additional ground-water monitoring requirements on owners or operators of facilities subject to this part, besides those otherwise required by this subpart, where necessary to comply with § 267.10 of this part.

Subpart G-Underground Injection § 267.60 Applicability.

The regulations in this subpart apply to owners and operators of new