[Code of Federal Regulations]
[Title 40, Volume 24]
[Revised as of July 1, 2004]
From the U.S. Government Printing Office via GPO Access
[CITE: 40CFR264.14]

[Page 223]
 
                   TITLE 40--PROTECTION OF ENVIRONMENT
 
         CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY (CONTINUED)
 
PART 264_STANDARDS FOR OWNERS AND OPERATORS OF HAZARDOUS WASTE TREATMENT, 
STORAGE, AND DISPOSAL FACILITIES--Table of Contents
 
                  Subpart B_General Facility Standards
 
Sec. 264.14  Security.

    (a) The owner or operator must prevent the unknowing entry, and 
minimize the possibility for the unauthorized entry, of persons or 
livestock onto the active portion of his facility, unless he can 
demonstrate to the Regional Administrator that:
    (1) Physical contact with the waste, structures, or equipment within 
the active portion of the facility will not injure unknowing or 
unauthorized persons or livestock which may enter the active portion of 
a facility; and
    (2) Disturbance of the waste or equipment, by the unknowing or 
unauthorized entry of persons or livestock onto the active portion of a 
facility, will not cause a violation of the requirements of this part.

[Comment: Part 270 of this chapter requires that an owner or operator 
who wishes to make the demonstration referred to above must do so with 
part B of the permit application.]

    (b) Unless the owner or operator has made a successful demonstration 
under paragraphs (a) (1) and (2) of this section, a facility must have:
    (1) A 24-hour surveillance system (e.g., television monitoring or 
surveillance by guards or facility personnel) which continuously 
monitors and controls entry onto the active portion of the facility; or
    (2)(i) An artificial or natural barrier (e.g., a fence in good 
repair or a fence combined with a cliff), which completely surrounds the 
active portion of the facility; and
    (ii) A means to control entry, at all times, through the gates or 
other entrances to the active portion of the facility (e.g., an 
attendant, television monitors, locked entrance, or controlled roadway 
access to the facility).

[Comment: The requirements of paragraph (b) of this section are 
satisfied if the facility or plant within which the active portion is 
located itself has a surveillance system, or a barrier and a means to 
control entry, which complies with the requirements of paragraph (b) (1) 
or (2) of this section.]

    (c) Unless the owner or operator has made a successful demonstration 
under paragraphs (a) (1) and (2) of this section, a sign with the 
legend, ``Danger--Unauthorized Personnel Keep Out'', must be posted at 
each entrance to the active portion of a facility, and at other 
locations, in sufficient numbers to be seen from any approach to this 
active portion. The legend must be written in English and in any other 
language predominant in the area surrounding the facility (e.g., 
facilities in counties bordering the Canadian province of Quebec must 
post signs in French; facilities in counties bordering Mexico must post 
signs in Spanish), and must be legible from a distance of at least 25 
feet. Existing signs with a legend other than ``Danger--Unauthorized 
Personnel Keep Out'' may be used if the legend on the sign indicates 
that only authorized personnel are allowed to enter the active portion, 
and that entry onto the active portion can be dangerous.

[Comment: See Sec. 264.117(b) for discussion of security requirements 
at disposal facilities during the post-closure care period.]

[45 FR 33221, May 19, 1980, as amended at 46 FR 2848, Jan. 12, 1981; 48 
FR 14294, Apr. 1, 1983; 50 FR 4514, Jan. 31, 1985]