Subpart D -- Treatment
Standards
§265.51 Purpose and implementation of contingency plan.
(a) Each owner or operator must have a contingency plan for his
facility. The contingency plan must be designed to minimize
hazards to human health or the environment from fires,
explosions, or any unplanned sudden or non-sudden release of
hazardous waste or hazardous waste constituents to air, soil, or
surface water.
(b) The provisions of the plan must be carried out immediately
whenever there is a fire, explosion, or release of hazardous
waste or hazardous waste constituents which could threaten human
health or the environment.
§265.52 Content of contingency plan.
(a) The contingency plan must describe the actions facility
personnel must take to comply with §§265.51 and 265.56 in
response to fires, explosions, or any unplanned sudden or
non-sudden release of hazardous waste or hazardous waste
constituents to air, soil, or surface water at the facility.
(b) If the owner or operator has already prepared a Spill
Prevention, Control, and Countermeasures (SPCC) Plan in
accordance with Part 112 of this chapter, or Part 1510 of Chapter
V, or some other emergency or contingency plan, he need only
amend that plan to incorporate hazardous waste management
provisions that are sufficient to comply with the requirements of
this part.
(c) The plan must describe arrangements agreed to by local police
departments, fire departments, hospitals, contractors, and State
and local emergency response teams to coordinate emergency
services, pursuant to §265.37.
(d) The plan must list names, addresses, and phone numbers
(office and home) of all persons qualified to act as emergency
coordinator (see §265.55), and this list must be kept up to
date. Where more than one person is listed, one must be named as
primary emergency coordinator and others must be listed in the
order in which they will assume responsibility as alternates.
(e) The plan must include a list of all emergency equipment at
the facility (such as fire extinguishing systems, spill control
equipment, communications and alarm systems (internal and
external), and decontamination equipment), where this equipment
is required. This list must be kept up to date. In addition, the
plan must include the location and a physical description of each
item on the list, and a brief outline of its capabilities.
(f) The plan must include an evacuation plan for facility
personnel where there is a possibility that evacuation could be
necessary. This plan must describe signal(s) to be used to begin
evacuation, evacuation routes, and alternate evacuation routes
(in cases where the primary routes could be blocked by releases
of hazardous waste or fires).
§265.53 Copies of contingency plan.
A copy of the contingency plan and all revisions to the plan must
be:
(a) Maintained at the facility; and
(b) Submitted to all local police departments, fire departments,
hospitals, and State and local emergency response teams that may
be called upon to provide emergency services.
§265.54 Amendment of contingency plan.
The contingency plan must be reviewed, and immediately amended,
if necessary, whenever:
(a) Applicable regulations are revised;
(b) The plan fails in an emergency;
(c) The facility changes in its design, construction, operation,
maintenance, or other circumstances in a way that materially
increases the potential for fires, explosions, or releases of
hazardous waste or hazardous waste constituents, or changes the
response necessary in an emergency;
(d) The list of emergency coordinators changes; or
(e) The list of emergency equipment changes.
§265.55 Emergency coordinator.
At all times, there must be at least one employee either on the
facility premises or on call (i.e., available to respond to an
emergency by reaching the facility within a short period of time)
with the responsibility for coordinating all emergency response
measures. This emergency coordinator must be thoroughly familiar
with all aspects of the facility's contingency plan, all
operations and activities at the facility, the location and
characteristics of waste handled, the location of all records
within the facility, and the facility layout. In addition, this
person must have the authority to commit the resources needed to
carry out the contingency plan.
[Comment: The emergency coordinator's responsibilities are more
fully spelled out in §265.56. Applicable responsibilities for
the emergency coordinator vary, depending on factors such as type
and variety of waste(s) handled by the facility, and type and
complexity of the facility.]
§265.56 Emergency procedures.
(a) Whenever there is an imminent or actual emergency situation,
the emergency coordinator (or his designee when the emergency
coordinator is on call) must immediately:
(1) Activate internal facility alarms or communication systems,
where applicable, to notify all facility personnel; and
(2) Notify appropriate State or local agencies with designated
response roles if their help is needed.
(b) Whenever there is a release, fire, or explosion, the
emergency coordinator must immediately identify the character,
exact source, amount, and a real extent of any released
materials. He may do this by observation or review of facility
records or manifests and, if necessary, by chemical analysis.
(c) Concurrently, the emergency coordinator must assess possible
hazards to human health or the environment that may result from
the release, fire, or explosion. This assessment must consider
both direct and indirect effects of the release, fire, or
explosion (e.g., the effects of any toxic, irritating, or
asphyxiating gases that are generated, or the effects of any
hazardous surface water run-offs from water or chemical agents
used to control fire and heat-induced explosions).
(d) If the emergency coordinator determines that the facility has
had a release, fire, or explosion which could threaten human
health, or the environment, outside the facility, he must report
his findings as follows:
(1) If his assessment indicates that evacuation of local areas
may be advisable, he must immediately notify appropriate local
authorities. He must be available to help appropriate officials
decide whether local areas should be evacuated; and
(2) He must immediately notify either the government official
designated as the on-scene coordinator for that geographical area
(in the applicable regional contingency plan under Part 1510 of
this Title), or the National Response Center (using their 24-hour
toll free number 800/4248802). The report must include:
(i) Name and telephone number of reporter;
(ii) Name and address of facility;
(iii) Time and type of incident (e.g., release, fire);
(iv) Name and quantity of material(s) involved, to the extent
known;
(v) The extent of injuries, if any; and
(vi) The possible hazards to human health, or the environment,
outside the facility.
(e) During an emergency, the emergency coordinator must take all
reasonable measures necessary to ensure that fires, explosions,
and releases do not occur, recur, or spread to other hazardous
waste at the facility. These measures must include, where
applicable, stopping processes and operations, collecting and
containing released waste, and removing or isolating containers.
(f) If the facility stops operations in response to a fire,
explosion or release, the emergency coordinator must monitor for
leaks, pressure buildup, gas generation, or ruptures in valves,
pipes, or other equipment, wherever this is appropriate.
(g) Immediately after an emergency, the emergency coordinator
must provide for treating, storing, or disposing of recovered
waste, contaminated soil or surface water, or any other material
that results from a release, fire, or explosion at the facility.
[Comment: Unless the owner or operator can demonstrate, in
accordance with § 261.3(c) or (d) of this chapter, that the
recovered material is not a hazardous waste, the owner or
operator becomes a generator of hazardous waste and must manage
it in accordance with all applicable requirements of Parts 262,
263, and 265 of this chapter.]
(h) The emergency coordinator must ensure that, in the affected
area(s) of the facility:
(1) No waste that may be incompatible with the released material
is treated, stored, or disposed of until cleanup procedures are
completed; and
(2) All emergency equipment listed in the contingency plan is
cleaned and fit for its intended use before operations are
resumed.
(i) The owner or operator must notify the Regional Administrator,
and appropriate State and local authorities, that the facility is
in compliance with paragraph (h) of this section before
operations are resumed in the affected area(s) of the facility.
(j) The owner or operator must note in the operating record the
time, date, and details of any incident that requires
implementing the contingency plan. Within 15 days after the
incident, he must submit a written report on the incident to the
Regional Administrator. The report must include:
(1) Name, address, and telephone number of the owner or operator;
(2) Name, address, and telephone number of the facility;
(3) Date, time, and type of incident (e.g., fire, explosion);
(4) Name and quantity of material(s) involved;
(5) The extent of injuries, if any;
(6) An assessment of actual or potential hazards to human health
or the environment, where this is applicable; and
(7) Estimated quantity and disposition of recovered material that
resulted from the incident.