[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: 40CFR264.304]

[Page 346-347]
 
                   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 N_Landfills
 
Sec. 264.304  Response actions.

    (a) The owner or operator of landfill units subject to Sec. 
264.301(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:

[[Page 347]]

    (1) Notify the Regional Administrator in writing of the exceedence 
within 7 days of the determination;
    (2) Submit a preliminary written assessment to the Regional 
Administrator 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 Regional Administrator 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 Regional Administrator 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.

[57 FR 3491, Jan. 29, 1992]