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§ 17897.21. Excavation Requirements.

14 CA ADC § 17897.21Barclays Official California Code of Regulations

Barclays California Code of Regulations
Title 14. Natural Resources
Division 7. Department of Resources Recycling and Recovery
Chapter 3.5. Standards for Handling and Disposal of Asbestos Containing Waste
Article 3. Excavation Requirements
14 CCR § 17897.21
§ 17897.21. Excavation Requirements.
(a) The owner or operator of any solid waste facility that disposes of asbestos containing waste shall ensure that the excavation or disturbance of buried asbestos containing waste will not pose a danger to the public, employees, and environment.
(b) Except as specified in subsection (g) of this section, an excavation management plan shall be prepared and submitted to the Enforcement Agency for review and approval at least 45 days prior to excavating or otherwise disturbing any asbestos containing waste that has been buried at the disposal area. The excavation management plan shall include the following information:
(1) Schedule starting and completion dates.
(2) Map showing the location of the area where buried asbestos containing waste is to be excavated or disturbed, locations of on-site structures, and environmental monitoring collection and control systems.
(3) Response for disturbing the waste.
(4) A health and safety plan identifying the health and safety issues regarding the proposed excavation and measures to be taken to protect public health, worker safety, and the environment. The plan shall be developed and prepared by an industrial hygienist certified by the American Board of Industrial Hygiene. This health and safety plan shall include work practices and engineering controls to be used to protect worker health and safety during excavation.
(5) Procedures to be used to control emissions during the excavation, storage, transport, and ultimate disposal of the excavated waste. The Enforcement Agency shall consult with the appropriate air quality control district or state Air Resources Control Board when evaluating the proposed emissions control procedures.
(6) Location of any temporary storage site and the final disposal site.
(c) The excavation management plan shall be prepared by a professional engineer or engineering geologist registered in California.
(d) If the excavation will begin on a date other than the date specified in the plan, the owner or operator shall notify the Enforcement Agency at least 5 calendar days prior to the rescheduled start date by certified mail. If the completion date is delayed, the owner or operator shall notify the Enforcement Agency of the new completion date at least 2 calendar days before the original scheduled completion date by certified mail.
(e) In evaluating the proposed excavation management plan, the Enforcement Agency will consider:
(1) whether the excavation is necessary to the proposed use of the site, and will not increase the potential hazard to human health or the environment;
(2) whether the excavation is necessary to reduce a threat to human health, employees, and the environment; and
(3) recommendations of the appropriate air quality control district and the regional water quality control board.
(f) No later than 30 calendar days from receipt of the plan, the Enforcement Agency shall respond to the applicant regarding completeness of the plan. If the plan is incomplete, the applicant will be notified which parts of the plan are incomplete and the manner with which the plan can be made complete. If additional review time is needed, the applicant will be notified within 30 days of submittal of the plan.
(g) The 45 day notice is not required if an emergency excavation is performed to prevent or diminish an imminent and substantial endangerment to human health or the environment. If an emergency excavation is required, the owner or operator shall give verbal notice to the Enforcement Agency prior to beginning the excavation activity and submit a written report to the Enforcement Agency within 15 days after the emergency excavation has been completed.


Note: Authority cited: Section 44820, Public Resources Code. Reference: Section 25143.7, Health and Safety Code.
1. New article 3 (section 17897.21) and section filed 8-1-96 as an emergency; operative 8-1-96 (Register 96, No. 31). A Certificate of Compliance must be transmitted to OAL by 11-29-96 or emergency language will be repealed by operation of law on the following day.
2. Editorial correction of subsections (b)(4) and (d) (Register 97, No. 3).
3. Certificate of Compliance as to 8-1-96 order, including amendment of subsection (b)(5), transmitted to OAL 11-27-96 and filed 1-13-97 (Register 97, No. 3).
This database is current through 5/26/23 Register 2023, No. 21.
Cal. Admin. Code tit. 14, § 17897.21, 14 CA ADC § 17897.21
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