A large quantity generator may accumulate hazardous waste
on site without a permit or interim status, and without complying with the
requirements of chapters 14, 15, 16, and 20 of this division, or the
notification requirements pursuant to Health and Safety Code section
25153.6,
provided that all the following are met:
(a) Accumulation. A large quantity generator
accumulates hazardous waste on site for no more than 90 days, unless in
compliance with the accumulation time limit extension in subsection (b) of this
section or section
66262.35 of this article. The
following accumulation conditions also apply:
(1) Accumulation of hazardous waste in
containers. If the hazardous waste is placed in containers, the large quantity
generator shall comply with the following:
(A) Air emission standards. The applicable
requirements of articles 27, 28, and 28.5 of chapter 15 of this
division;
(B) Condition of
containers. If a container holding hazardous waste is not in good condition, or
if it begins to leak, the large quantity generator shall immediately transfer
the hazardous waste from this container to a container that is in good
condition, or immediately manage the waste in some other way that complies with
the conditions for exemption of this section;
(C) Compatibility of waste with container.
The large quantity generator shall use a container made of or lined with
materials that will not react with, and are otherwise compatible with, the
hazardous waste to be stored, so that the ability of the container to contain
the waste is not impaired;
(D)
Management of containers.
1. A container
holding hazardous waste shall always be closed during accumulation, except when
it is necessary to add or remove waste.
2. A container holding hazardous waste shall
not be opened, handled, or stored in a manner which may rupture the container
or cause it to leak. Re-use of containers for transportation shall comply with
the requirements of the U.S. Department of Transportation regulations,
including those set forth in 49 Code of Federal Regulations section
173.28.
(E) Inspections.
At least weekly, the large quantity generator shall inspect central
accumulation areas. The large quantity generator shall look for leaking
containers and for deterioration of containers and the containment system
caused by corrosion or other factors. Large quantity generators shall follow
(a)(1)(B) of this section for remedial action required if deterioration or
leaks are detected.
(F) Special
conditions for accumulation of ignitable and reactive wastes.
1. Containers holding ignitable or reactive
waste shall be located at least 15 meters (50 feet) from the facility's
property line.
2. The large
quantity generator shall take precautions to prevent accidental ignition or
reaction of ignitable or reactive waste. This waste shall be separated and
protected from sources of ignition or reaction including but not limited to the
following: open flames, smoking, cutting and welding, hot surfaces, frictional
heat, sparks (static, electrical, or mechanical), spontaneous ignition (e.g.,
from heat-producing chemical reactions), and radiant heat. While ignitable or
reactive waste is being handled, the large quantity generator shall confine
smoking and open flame to specially designated locations. "No Smoking" signs
shall be conspicuously placed wherever there is a hazard from ignitable or
reactive waste.
(G)
Special conditions for accumulation of incompatible wastes.
1. Incompatible wastes, or incompatible
wastes and materials, (see Appendix V of chapter 15 of this division for
examples) shall not be placed in the same container, unless subsection
66265.17(b) is
complied with.
2. Hazardous waste
shall not be placed in an unwashed container that previously held an
incompatible waste or material (see Appendix V of chapter 15 of this division
for examples), unless section
66265.17(b) is
complied with.
3. A container
holding a hazardous waste that is incompatible with any waste or other
materials accumulated or stored nearby in other containers, piles, open tanks,
or surface impoundments shall be separated from the other materials or
protected from them by means of a dike, berm, wall, or other device.
(2) Accumulation of
hazardous waste in tanks. If the waste is placed in tanks, the large quantity
generator shall comply with the requirements of article 10 of chapter 15,
except subsections
66265.197(c) of
Closure and Post-Closure Care and section
66265.200 -- Waste Analysis and
Trial Tests, as well as the requirements of articles 27, 28, and 28.5 of
chapter 15 of this division.
(3)
Accumulation of hazardous waste on drip pads. If the hazardous waste is placed
on drip pads, the large quantity generator shall comply with the following:
(A) Applicable requirements of articles 17.5,
27, 28 and 28.5 of chapter 15;
(B)
The large quantity generator shall remove all wastes from the drip pad at least
once every 90 days. Any hazardous wastes that are removed from the drip pad are
then subject to the 90-day accumulation limit in subsection (a) of this section
and section
66262.15, if the hazardous wastes
are being managed in satellite accumulation areas prior to being moved to a
central accumulation area; and
(C)
The large quantity generator shall maintain on site at the facility the
following records readily available for inspection:
1. A written description of procedures that
are followed to ensure that all wastes are removed from the drip pad and
associated collection system at least once every 90 days; and
2. Documentation of each waste removal,
including the quantity of waste removed from the drip pad and the sump or
collection system and the date and time of removal.
(4) Accumulation of hazardous
waste in containment buildings. If the waste is placed in containment
buildings, the large quantity generator shall comply with article 29 of chapter
15 of this division. The generator shall label its containment building with
the words "Hazardous Waste" in a conspicuous place easily visible to employees,
visitors, emergency responders, waste handlers, or other persons on site, and
also in a conspicuous place provide an indication of the hazards of the
contents [examples include, but are not limited to, the applicable hazardous
waste characteristic(s) (i.e., ignitable, corrosive, reactive, toxic); hazard
communication consistent with the Department of Transportation requirements at
49 Code of Federal Regulations part 172 subpart E (labeling) or subpart F
(placarding); a hazard statement or pictogram consistent with the Occupational
Safety and Health Administration Hazard Communication Standard at 29 Code of
Federal Regulations 1910.1200; or a chemical hazard label consistent with the
National Fire Protection Association code 704.] The generator shall also
maintain:
(A) The professional engineer
certification that the building complies with the design standards specified in
section
66265.1101. This certification
shall be in the generator's files prior to operation of the unit; and
(B) The following records by use of inventory
logs, monitoring equipment, or any other effective means:
1. A written description of procedures to
ensure that each waste volume remains in the unit for no more than 90 days, a
written description of the waste generation and management practices for the
facility showing that the generator is consistent with respecting the 90-day
limit, and documentation that the procedures are complied with; or
2. Documentation that the unit is emptied at
least once every 90 days.
3.
Inventory logs or records with the above information shall be maintained on
site and readily available for inspection.
(5) Labeling and marking of containers and
tanks
(A) Containers. A large quantity
generator shall mark or label its containers with the following:
1. The words "Hazardous Waste";
2. The composition and physical state of the
wastes;
3. An indication of the
hazards of the contents [examples include, but are not limited to, the
applicable hazardous waste characteristic(s) (i.e., ignitable, corrosive,
reactive, toxic); hazard communication consistent with the Department of
Transportation requirements at 49 Code of Federal Regulations part 172, subpart
E (labeling) or subpart F (placarding); a hazard statement or pictogram
consistent with the Occupational Safety and Health Administration Hazard
Communication Standard at 29 Code of Federal Regulations 1910.1200; or a
chemical hazard label consistent with the National Fire Protection Association
code 704];
4. The name and address
of the person generating the waste;
5. The date upon which each period of
accumulation begins shall be clearly marked and visible for inspection on each
container; and
6. The date the
applicable accumulation period specified in subsection (a) of this section
begins shall be clearly marked and visible for inspection on each
container.
(B) Tanks. A
large quantity generator accumulating hazardous waste in tanks shall do the
following:
1. Mark or label its tanks with the
words "Hazardous Waste";
2. Mark or
label its tanks with an indication of the hazards of the contents [examples
include, but are not limited to, the applicable hazardous waste
characteristic(s) (i.e., ignitable, corrosive, reactive, toxic); hazard
communication consistent with the Department of Transportation requirements at
49 Code of Federal Regulations part 172, subpart E (labeling) or subpart F
(placarding); a hazard statement or pictogram consistent with the Occupational
Safety and Health Administration Hazard Communication Standard at 29 Code of
Federal Regulations 1910.1200; or a chemical hazard label consistent with the
National Fire Protection Association code 704];
3. The date the applicable accumulation
period specified in subsection (a) of this section begins shall be clearly
marked and visible for inspection on each tank;
4. Use inventory logs, monitoring equipment
or other records to demonstrate that hazardous waste has been emptied within 90
days of first entering the tank if using a batch process, or in the case of a
tank with a continuous flow process, demonstrate that estimated volumes of
hazardous waste entering the tank daily exit the tank within 90 days of first
entering; and
5. Keep inventory
logs or records with the above information on site and readily available for
inspection.
(6) Emergency procedures. The large quantity
generator complies with the standards in article 9 of this chapter,
Preparedness, Prevention, and Emergency Procedures for Large Quantity
Generators.
(7) Personnel training.
(A)
1. The
large quantity generator shall ensure that facility personnel successfully
complete a training program through classroom, computer-based, or electronic
instruction or on-the-job training that teaches facility personnel to perform
their duties in a way that ensures the facility's compliance with the
requirements of this chapter and section 5192, subsection (p), of Title 8,
California Code of Regulations. Facility personnel engaged in shipping
hazardous waste shall be triennially trained commensurate with their
responsibilities to meet the requirements in section
172.704 of Title 49, Code
of Federal Regulations. The large quantity generator shall ensure that this
training program includes all the elements described in the documents required
under subsection (a)(7)(D) of this section.
2. Hazardous waste management training
program shall be directed by a person trained in hazardous waste management
procedures and shall include instruction that teaches facility personnel
hazardous waste management procedures (including, but not limited to,
contingency plan implementation and the identification and segregation of
incompatible hazardous waste or product) relevant to the positions in which
they are employed.
3. At a minimum,
the training program must be designed to ensure that facility personnel are
able to respond effectively to emergencies by familiarizing them with emergency
procedures, emergency equipment, and emergency systems, including all of the
following where applicable:
a. Procedures for
using, inspecting, repairing, and replacing facility emergency and monitoring
equipment;
b. Key parameters for
automatic waste feed cut-off systems;
c. Communications or alarm systems;
d. Response to fires or explosions;
e. Response to groundwater contamination
incidents;
f. Shutdown of
operations;
g. Self-protection
measures; and
h. Accident
prevention methods.
4.
The training program must also be designed to ensure the following every 24
months:
a. General awareness training. The
large quantity generator shall ensure all facility personnel successfully
complete training that provides a description of the facility, and an overview
of the facility and facility operations that are subject to this chapter,
including, but not limited to, security and safety considerations;
and
b. Function-specific job
training. The large quantity generator shall ensure all facility personnel who
are involved with hazardous waste management activities successfully complete
training concerning the requirements of this chapter and any relevant hazardous
waste procedures applicable to job tasks and functions performed by the
facility personnel.
(B) The large quantity generator shall ensure
that facility personnel successfully complete the program required in
subsection (a)(7)(A) of this section within six months after the date of their
employment or assignment to the facility, or to a new position at the facility,
whichever is later. Employees shall not work in unsupervised positions until
they have completed the training requirements of subsection (a)(7)(A) of this
section.
(C) The large quantity
generator shall ensure that facility personnel take part in an annual review of
the initial training required in subsection (a)(7)(A) of this
section.
(D) The training records
required by this subsection must demonstrate compliance with subsection
(a)(7)(A) and include the specific elements set out in subsection (a)(7)(D)1
through 4. The large quantity generator shall maintain the following documents
and records at the facility:
1. The job title
for each position at the facility related to hazardous waste management, and
the name of the facility personnel filling each job;
2. A written job description for each
position listed under subsection (a)(7)(D)1 of this section. This description
may be consistent in its degree of specificity with descriptions for other
similar positions in the same company location or bargaining unit, but shall
include the requisite skill, education, or other qualifications, and duties of
facility personnel assigned to each position;
3. A written description, including a
syllabus and/or outline, of the type and amount of both introductory and
continuing training that will be given to each person filling a position listed
under subsection (a)(7)(D)1 of this section; and
4. Facility personnel -signed or -certified
records that document that the training required under subsections (a)(7)(A),
(B), and (C) of this section has been given to, and completed by, each facility
personnel.
(E) The large
quantity generator shall maintain training records on current personnel until
closure of the facility. Training records on former employees shall be kept for
at least three years from the date the employee last worked at the facility.
Personnel training records may accompany personnel transferred within the same
company.
(8) Closure. A
large quantity generator accumulating hazardous wastes in containers, tanks,
drip pads, and containment buildings, prior to closing a unit at the facility,
or prior to closing the facility, shall meet the following conditions:
(A) Notification for closure of a waste
accumulation unit. A large quantity generator shall perform one of the
following when closing a waste accumulation unit:
1. Place a notice in the operating record
within 30 days after closure identifying the location of the unit within the
facility; or
2. Meet the closure
performance standards of subsection (a)(8)(C) of this section for container,
tank, and containment building waste accumulation units or subsection (a)(8)(D)
of this section for drip pads, and notify the Department following the
procedures in subsection (a)(8)(B)2 of this section for the waste accumulation
unit. If the waste accumulation unit is subsequently reopened, the generator
may remove the notice from the operating record.
(B) Notification for closure of the facility.
1. A large quantity generator of RCRA
hazardous waste shall notify the Department using form 8700-12 no later than 30
days prior to closing the facility.
2. A large quantity generator of RCRA
hazardous waste shall notify the Department using form 8700-12 within 90 days
after closing the facility that it has complied with the closure performance
standards of subsection (a)(8)(C) or (D) of this section. If the facility
cannot meet the closure performance standards of subsection (a)(8)(C) or (D) of
this section, notify the Department using form 8700-12 that it will close as a
landfill under section
66265.310 of this division in the
case of a container, tank, or containment building unit(s) or, for a facility
with drip pads, notify using form 8700-12 that it will close under the
standards of section
66265.445(b) of
this division.
3. A large quantity
generator of RCRA hazardous waste may request additional time to clean close,
but it shall notify the Department using form 8700-12 within 75 days after the
date provided in subsection (a)(8)(B)1 of this section to request an extension
and provide an explanation as to why the additional time is required.
(C) Closure performance standards
for container, tank systems, and containment building waste accumulation units.
1. At closure, the generator shall close the
waste accumulation unit or facility in a manner that:
a. Minimizes the need for further maintenance
by controlling, minimizing, or eliminating, to the extent necessary to protect
human health and the environment, post-closure escape of hazardous waste,
hazardous constituents, leachate, contaminated run-off, or hazardous waste
decomposition products to the ground or surface waters or to the atmosphere;
and
b. Removes or decontaminates
all contaminated equipment, structures, and soil and any remaining hazardous
waste residues from waste accumulation units including containment system
components (e.g., pads, liners), contaminated soils and subsoils, bases, and
structures and equipment contaminated with waste, unless section
66261.3(d) of
this division applies.
c. Any
hazardous waste generated in the process of closing either the generator's
facility or unit(s) accumulating hazardous waste shall be managed in accordance
with all applicable standards of chapters 12, 13, 15 and 18 of this division,
including removing any hazardous waste contained in these units within 90 days
of generating it and managing these wastes in a hazardous waste permitted
transfer, treatment, storage, and disposal facility or interim status
facility.
d. If the generator
demonstrates that any contaminated soils and wastes cannot be practicably
removed or decontaminated as required in subsection (a)(8)(B)1.b of this
section, then the waste accumulation unit is considered to be a landfill and
the generator shall close the waste accumulation unit and perform post-closure
care in accordance with the closure and post-closure care requirements that
apply to landfills (section
66265.310 of this division). In
addition, for the purposes of closure, post-closure, and financial
responsibility, such a waste accumulation unit is then considered to be a
landfill, and the generator shall meet all of the requirements for landfills
specified in articles 7 and 8 of chapter 15 of this division.
(D) Closure performance
standards for drip pad waste accumulation units. At closure, the generator
shall comply with the closure requirements of subsections (a)(8)(B) and
(a)(8)(C)1.a and c of this section, and subsections
66265.445(a) and
(b) of this division.
(E) The closure requirements of subsection
(a)(8) of this section do not apply to satellite accumulation areas.
(9) Land disposal restrictions.
The large quantity generator shall comply with all applicable requirements
under chapter 18 of this division.
(b) Accumulation time limit extension. A
large quantity generator that accumulates hazardous waste for more than 90 days
is subject to the requirements of chapters 14, 15, 16, 18, and 20 of this
division, or the notification requirements pursuant to Health and Safety Code
section
25153.6,
unless the generator has been granted an extension to the 90-day period. An
extension may be granted by the Department if hazardous wastes must remain on
site for longer than 90 days due to unforeseeable, temporary, and
uncontrollable circumstances. An extension of up to 30 days may be granted at
the discretion of the Department on a case-by-case basis. An extension may be
granted pursuant to section
66262.35 if non-RCRA or
RCRA-exempt hazardous wastes must remain on site for longer than 90
days.
(c) Rejected load. A large
quantity generator that sends a shipment of hazardous waste to a designated
facility, with the understanding that the designated facility can accept and
manage the waste and later receives that shipment back as a rejected load or
residue in accordance with the manifest discrepancy provisions of sections
66264.72 or
66265.72 of this division, may
accumulate the returned waste onsite in accordance with subsections (a) and (b)
of this section. Upon receipt of the returned shipment, the generator shall:
(1) Sign Item 18c of the manifest, if the
transporter returned the shipment using the original manifest; or
(2) Sign Item 20 of the manifest, if the
transporter returned the shipment using a new manifest.
(3) Submit a copy of the signed manifest to
the Department within 30 days of receipt. Mail the legible manifest copy,
specifically the Designated Facility-to-Destination State manifest copy (Page 1
of the manifest as provided in section
66262.21, subsection (d)) to:
DTSC FACILITY MANIFESTS
P.O. BOX 3000, SACRAMENTO, CA
95812-3000
(d) The large quantity generator of the
rejected hazardous waste shall label or mark the hazardous waste in a manner
that indicates that it is rejected hazardous waste and shall include the date
it was received by the generator. If the generator of the rejected hazardous
waste commingles it with other hazardous wastes, the shorter of any applicable
accumulation time limits shall apply to the commingled hazardous
waste.
(e) The 90-day accumulation
time period, for purposes of subsections (a) or (b) of this section, begins
when any amount of hazardous waste first begins to accumulate in that
month.