C.F.R. » Title 40 » CHAPTER I—ENVIRONMENTAL PROTECTION AGENCY › SUBCHAPTER I—SOLID WASTES › PART 264—STANDARDS FOR OWNERS AND OPERATORS OF HAZARDOUS WASTE TREATMENT, STORAGE, AND DISPOSAL FACILITIES › Subpart D—Contingency Plan and Emergency Procedures

40 C.F.R. § 264.51

Purpose and implementation of contingency plan

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(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.

[45 FR 33221, May 19, 1980, as amended at 50 FR 4514, Jan. 31, 1985]
Notes of Decisions
Cited in 2 cases, 1983–1988 · leading case: Ohio v. United States Dep't of Energy, 689 F. Supp. 760 (S.D. Ohio 1988).
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Ohio v. United States Dep't of Energy, 689 F. Supp. 760 (S.D. Ohio 1988). “3745-52-23), writing contingency plans to prepare hazardous waste facilities for fires, explosions, and other hazardous waste emergencies (40 C.F.R. 264.51, O.A.C. 3745-54-51), planning for safe closure of hazardous waste after use (40 CFR 264.”
Opinion No. (1983) (Mo. Att'y Gen. 1983). “011 (5)(B)1, the state regulation requires a plan to protect human health and the environment in the event of releases of waste, whereas 40 CFR 264.51 (a) speaks of minimizing the threat to human health and the environment from unplanned sudden or non-sudden releases.”
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