(a)
Requirements for generators:
(1) A generator
of hazardous waste shall determine if the waste has to be treated before it can
be land disposed. This is done by determining if the hazardous waste meets the
treatment standards in article 4 or article 11 of this chapter. This
determination can be made concurrently with the hazardous waste determination
required in section
66262.11 of this division, in
either of two ways: testing the waste or using knowledge of the waste. If the
generator tests the waste, testing would normally determine the total
concentration of hazardous constituents, or the concentration of hazardous
constituents in an extract of the waste obtained using test method 1311 in
"Test Methods of Evaluating Solid Waste, Physical/Chemical Methods," "USEPA
Publication SW-846, as referenced in section
66260.11 of this division,
depending on whether the treatment standard for the waste is expressed as a
total concentration or concentration of hazardous constituent in the waste's
extract. Alternatively, the generator may send the waste directly to a
hazardous waste treatment facility, where the hazardous waste treatment
facility shall comply with all requirements of section
66264.13 of this division and
paragraph (b) of this section. In addition, some hazardous wastes shall be
treated by particular treatment methods before they can be land disposed and
some soils are contaminated by such hazardous wastes. These treatment standards
are also found in section
66268.40, and are described in
detail in section
66268.42, Table 1. These wastes,
and soils contaminated with such wastes, do not need to be tested (however, if
they are in a waste mixture, other wastes with concentration level treatment
standards would have to be tested). If a generator determines they are managing
a waste or soil contaminated with a waste, that displays a hazardous
characteristic of ignitability, corrosivity, reactivity, or toxicity, they
shall comply with the special requirements of section
66268.9 of this chapter in
addition to any applicable requirements in this section.
(2) Except as provided in subsection (B), if
the waste or contaminated soil does not meet the treatment standard or if the
generator chooses not to make the determination of how its waste shall be
treated, with the initial shipment of waste to each treatment or storage
facility, the generator shall send a one-time written notice to each treatment
or storage facility receiving the waste, and place a copy in the file. The
notice shall include the information in column "66268.7(a)(2)" of the Generator
Paperwork Requirements Table in section
66268.7(a)(4).
Alternatively, if the generator chooses not to make the determination of
whether the waste shall be treated, the notification shall include the EPA
Hazardous Waste Numbers and Manifest Number of the first shipment and shall
state "This hazardous waste may or may not be subject to the LDR treatment
standards. The treatment facility shall then make the appropriate
determination." No further notification is necessary until such time that the
waste or facility change, in which case a new notification shall be sent and a
copy placed in the generator's file.
(A) For
contaminated soil, the following certification statement should be included,
signed by an authorized representative:
I certify under penalty of law that I personally have
examined this contaminated soil and it [does/does not] contain listed hazardous
waste and [does/does not] exhibit a characteristic of hazardous waste and
requires treatment to meet the soil treatment standards as provided by section
66268.49(c).
(B) If a generator determines that
the generator is managing a restricted waste under section
66268.29 or prohibited waste under
section
66268.32 and the waste does not
meet the applicable treatment standards set forth in article 11 of this
chapter, with each shipment of waste the generator shall notify the receiving
facility in writing only if the receiving facility is a land disposal facility
operating within California. The notice shall include the following
information:
1. Non-RCRA hazardous waste
Category listed in section
66268.29, if applicable;
2. the manifest number associated with the
shipment of waste; and
3. waste
analysis data, where available.
(3) If the waste or contaminated soil meets
the treatment standard at the original point of generation:
(A) With the initial shipment of waste to
each treatment, storage, or disposal facility, the generator shall send a
one-time written notice to each treatment, storage, or disposal facility
receiving the waste, and place a copy in the file. The notice shall include the
information indicated in column "66268.7(a)(3)" of the Generator Paperwork
Requirements Table in section
66268.7(a)(4) and
the following certification statement, signed by an authorized representative:
I certify under penalty of law that I personally have
examined and am familiar with the waste through analysis and testing or through
knowledge of the waste to support this certification that the waste complies
with the treatment standards specified in CCR, Title 22, division 4.5, chapter
18, article 4. I believe that the information I submitted is true, accurate,
and complete. I am aware that there are significant penalties for submitting a
false certification, including the possibility of a fine and
imprisonment.
(B) For
contaminated soil, with the initial shipment of wastes to each treatment,
storage, or disposal facility, the generator shall send a one-time written
notice to each facility receiving the waste and place a copy in the file. The
notice shall include the information in "66268.7(a)(3)" of the Generator
Paperwork Requirements Table in section
66268.7(a)(4).
(C) If the waste changes, the generator shall
send a new notice and certification to the receiving facility, and place a copy
in their files. Generators of hazardous debris excluded from the definition of
hazardous waste under section
66261.3(e) are
not subject to these requirements.
(D) If a generator determines that the
generator is managing a restricted waste under section
66268.29 and subject to applicable
treatment standards set forth in article 11 of this chapter or prohibited under
section
66268.32 and determines that the
waste can be land disposed without further treatment, with each shipment of
waste the generator shall submit to the receiving facility a notice and a
certification stating that the waste meets the applicable treatment standards
set forth in article 11 of this chapter or the applicable prohibitions set
forth in section
66268.32, only if the receiving
facility is a land disposal facility operating within California. The notice
shall include the following information:
1.
Non-RCRA hazardous waste Category listed in section
66268.29, if applicable;
2. the manifest number associated with the
shipment of waste; and
3. waste
analysis data, where available.
The certification shall state:
I certify under penalty of law that I personally have
examined and am familiar with the waste through analysis and testing or through
knowledge of the waste to support this certification that the waste complies
with the treatment standards specified in CCR, Title 22, division 4.5, chapter
18, article 11 [or all applicable prohibitions in section
66268.32] . I believe that the
information I submitted is true, accurate, and complete. I am aware that there
are significant penalties for submitting a false certification, including the
possibility of a fine and imprisonment.
(4) For reporting, tracking, and
recordkeeping when exceptions allow certain wastes or contaminated soil that do
not meet the treatment standards to be land disposed: There are certain
exemptions from the requirement that hazardous wastes or contaminated soil meet
treatment standards before they can be land disposed. These include, but are
not limited to case-by-case extensions under section
66268.5, disposal in a
no-migration unit under section
66268.6, or a national capacity
variance or case-by-case capacity variance under article 3 of this chapter. If
a generator's waste is so exempt, then with the initial shipment of waste, the
generator shall send a one-time written notice to each land disposal facility
receiving the waste. The notice shall include the information indicated in
column "66268.7(a)(4)" of the Generator Paperwork Requirements Table in this
subsection. If the waste changes, the generator shall send a new notice to the
receiving facility, and place a copy in their files.
Generator Paperwork Requirements Table
| Required
Information |
§
66268.7(a)(2)
|
§
66268.7(a)(3)
|
§
66268.7(a)(4)
|
§
66268.7(a)(9)
|
| 1. EPA Hazardous Waste Numbers and Manifest Number of
first shipment |
[TICK] |
[TICK] |
[TICK] |
[TICK] |
| 2. Statement: this waste is not prohibited from land
disposal |
|
|
[TICK] |
|
|
|
|
|
|
| 3. The waste is subject to the LDRs. The constituents
of concern for F001-F005, and F039, and underlying hazardous constituents in
RCRA characteristic wastes, unless the waste will be treated and monitored for
all constituents. If all constituents will be treated and monitored, there is
no need to put them all on the LDR
notice. |
[TICK] |
[TICK] |
|
|
|
|
|
|
|
| 4. The notice shall include the applicable
wastewater/nonwastewater category (see section
66260.10) and subdivisions made
within a waste code based on waste-specific criteria (such as D003
reactive cyanide) |
[TICK] |
[TICK] |
|
|
|
|
|
|
|
| 5. Waste analysis data (when
available) |
[TICK] |
[TICK] |
[TICK] |
|
|
|
|
|
|
| 6. Date the waste is subject to the
prohibition |
|
|
[TICK] |
|
|
|
|
|
|
| 7. For hazardous debris, when treating with the
alternative treatment technologies provided by section
66268.45: the contaminants subject
to treatment, as described in section
66268.45(b); and
an indication that these contaminants are being treated to comply with section
66268.45
|
[TICK] |
|
[TICK] |
|
|
|
|
|
|
| 8. For contaminated soil subject to LDRs as provided
in section
66268.49(a), the
constituents subject to treatment as described in section
66268.49(d), and
the following statement: This contaminated soil [does/does not] contain listed
hazardous waste and [does/does not] exhibit a characteristic of hazardous waste
and [is subject to/complies with] the soil treatment standards as provided by
section 66268.49(c) or
the universal treatment standards. |
[TICK] |
[TICK] |
|
|
|
|
|
|
|
| 9. A certification is needed (see applicable section
for exact wording) |
|
[TICK] |
|
[TICK] |
(5) If a generator is managing and treating
prohibited waste or contaminated soil in tanks, containers, or containment
buildings regulated under section
66262.15,
66262.16 or
66262.17 to meet applicable LDR
treatment standards found at section
66268.40, the generator shall
develop and follow a written waste analysis plan which describes the procedures
they will carry out to comply with the treatment standards. (Generators
treating hazardous debris under the alternative treatment standards of Table 1,
section
66268.45, however, are not subject
to these waste analysis requirements.) The plan shall be kept on site in the
generator's records, and the following requirements shall be met:
(A) The waste analysis plan shall be based on
a detailed chemical and physical analysis of a representative sample of the
prohibited waste(s) being treated, and contain all information necessary to
treat the waste(s) in accordance with the requirements of this chapter,
including the selected testing frequency.
(B) Such plan shall be kept in the facility's
on-site files and made available to inspectors.
(C) Wastes shipped off-site pursuant to this
subsection shall comply with the notification requirements of section
66268.7(a)(3).
(6) If a generator determines that
the waste or contaminated soil is restricted based solely on the generator's
knowledge of the waste, all supporting data used to make this determination
shall be retained on-site in the generator's files. If a generator determines
that the waste is restricted based on testing this waste or an extract
developed using the test method 1311 in "Test Methods for Evaluating Solid
Waste, Physical/Chemical Methods," USEPA Publication SW-846, as referenced in
section
66260.11 of this division, and all
waste analysis data shall be retained on-site in the generator's
files.
(7) If a generator
determines that the generator is managing a prohibited waste that is excluded
from the definition of hazardous waste or waste or is exempted from hazardous
waste regulation under CCR, Title 22,
Chapter 11, section
66261.2 through
66261.6 or under the Health and
Safety Code subsequent to the point of generation (including deactivated
characteristic hazardous wastes managed in wastewater treatment systems subject
to the federal Clean Water Act (CWA) as specified at CCR,
Title 22, section
66261.4(a)(1) or
that are federal CWA-equivalent, or are managed in an underground injection
well regulated by the federal SDWA), the generator shall place a one-time
notice describing such generation, subsequent exclusion from the definition of
hazardous waste or waste or exemption from hazardous waste regulation, and the
disposition of the waste, in the facility's on-site files.
(8) Generators shall retain on-site a copy of
all notices, certifications, waste analysis data, and other documentation
produced pursuant to this section for at least three years from the date that
the waste that is the subject of such documentation was last sent to on-site or
off-site treatment, storage, or disposal. The three year record retention
period is automatically extended during the course of any unresolved
enforcement action regarding the regulated activity or as requested by the
Department. The requirements of this subsection apply to wastes even when the
hazardous characteristic is removed prior to disposal, or when the waste is
excluded from the definition of hazardous waste or waste under CCR,
Title 22,
sections
66261.2 through
66261.6 or under Health and Safety
Code, or exempted from hazardous waste regulation, subsequent to the point of
generation.
(9) If a generator is
managing a lab pack containing hazardous wastes and wishes to use the
alternative treatment standard for lab packs found at section
66268.42(c):
(A) With the initial shipment of waste to a
treatment facility, the generator shall submit a notice that provides the
information in column "66268.7(a)(9)" in the Generator Paperwork Requirements
Table of subsection (a)(4) of this section, and the following certification.
The certification, which shall be signed by an authorized representative and
shall be placed in the generator's files, shall say the following:
I certify under penalty of law that I personally have
examined and am familiar with the waste and that the lab pack contains only
wastes that have not been excluded under appendix IV to CCR, Title 22, division
4.5, chapter 18 and that this lab pack will be sent to a combustion facility in
compliance with the alternative treatment standards for lab packs under CCR,
Title 22, division 4.5, chapter 18, section
66268.42(c). I am
aware that there are significant penalties for submitting a false
certification, including the possibility of fine or imprisonment.
(B) No further notification is
necessary until such time that the wastes in the lab pack change, or the
receiving facility changes, in which case a new notice and certification shall
be sent and a copy placed in the generator's file.
(C) If the lab pack contains characteristic
hazardous wastes (D001-D043), underlying hazardous constituents (as defined in
section
66260.10) need not be
determined.
(D) The generator shall
also comply with the requirements in subsections (a)(6) and (a)(7) of this
section.
(10) Small
quantity generators of RCRA hazardous wastes with reclamation agreements
established pursuant to the requirements of title 40 of the Code of Federal
Regulations, section 262.20(e) and 263.20(h), as of those sections read on July
1, 2001, shall comply with the applicable notification and certification
requirements of subsection (a) of this section for the initial shipment of the
waste subject to the agreement. Such generators must retain on-site a copy of
the notification and certification, together with the reclamation agreement,
for at least three years after termination or expiration of the agreement. The
three-year retention period is automatically extended during the course of any
unresolved enforcement action regarding the regulated activity or as requested
by the Department.
(11) If a
generator determines that restricted asbestos-containing waste is being managed
and that the waste can be land disposed without further treatment, with each
shipment of waste, the generator shall submit to the receiving facility, a
notice and a certification stating that the waste meets the applicable
treatment standards set forth in section
66268.114, only if the receiving
facility is a land disposal facility operating within California. Such
generators shall retain a copy of the notification and certification at their
principal place of business in California for at least three years. The three
year period is automatically extended during the course of any unresolved
enforcement action regarding the regulated activity or as requested by the
Department. Generators who have been assigned by the Department the EPA
identification number for residentials for asbestos-containing waste or a
90-day one time provisional EPA identification number for asbestos-containing
waste are exempted from subsections (A) and (B) below.
(A) The notice shall include the following
information:
1. The California Waste Code for
asbestos-containing waste;
2. The
corresponding treatment standard;
3. The manifest number associated with the
shipment of waste;
(B)
The certification shall be signed by an authorized representative and shall
state the following:
"I warrant that I am an authorized representative of the
generator. I certify under penalty of law that the waste complies with the
treatment standards specified in CCR, Title 22, Division 4.5, Chapter 18,
section 66268.114. I believe that the
information I submitted is true, accurate, and complete. I am aware that there
are significant penalties for submitting a false certification, including the
possibility of a fine and imprisonment."
And including the following information:
1. Generator's Name;
2. Generator's Address;
3. Authorized Representative Printed
Name;
4. Authorized Representative
Signature and;
5. Date.
(b)
Treatment facilities shall test their wastes according to the frequency
specified in their waste analysis plans as required by section
66264.13 (for permitted TSDs) or
section
66265.13 (for interim status
facilities). Such testing shall be performed as provided in subsections (b)(1),
(b)(2) and (b)(3) of this section.
(1) For
wastes or contaminated soil with treatment standards expressed in the waste
extract (TCLP), the owner or operator of the treatment facility shall test an
extract of the treatment residues, using test method 1311 (the Toxicity
Characteristic Leaching Procedure, described in "Test Methods for Evaluating
Solid Waste, Physical/Chemical Methods," USEPA Publication SW-846 as
incorporated by reference in section
66260.11 of this division) or the
test method specified in section
66268.106 to assure that the
treatment residues extract meet the applicable treatment standards.
(2) For wastes or contaminated soil with
treatment standards expressed as concentrations in the waste, the owner or
operator of the treatment facility shall test the treatment residues (not an
extract of such residues) to assure that they meet the applicable treatment
standards.
(3) A one-time notice
shall be sent with the initial shipment of waste or contaminated soil to the
land disposal facility. A copy of the notice shall be placed in the treatment
facility's file.
(A) No further notification
is necessary until such time that the waste or receiving facility change, in
which case a new notice shall be sent and a copy placed in the treatment
facility's file.
(B) The one-time
notice shall include these requirements:
Treatment Facility Paperwork Requirements
Table
|
Required
Information
|
§
66268.7(b)
|
| 1. EPA Hazardous Waste Numbers and Manifest Number of
first shipment. |
[TICK] |
|
|
| 2. The waste is subject to the LDRs. The constituents
of concern for F001-F005, and F039, and underlying hazardous constituents in
RCRA characteristic wastes, unless the waste will be treated and monitored for
all constituents. If all constituents will be treated and monitored, there is
no need to put them all on the LDR notice. |
[TICK] |
|
|
| 3. The notice shall include the applicable
wastewater/nonwastewater category (see section
66260.10) and subdivisions made
within a waste code based on waste-specific criteria (such as D003
reactive cyanide) |
[TICK] |
|
|
| 4. Waste analysis data (when
available) |
[TICK] |
|
|
| 5. For contaminated soil subject to LDRs as provided
in section
66268.49(a), the
constituents subject to treatment as described in section
66268.49(d), and
the following statement, "this contaminated soil [does/does not] contain listed
hazardous waste and [does/does not] exhibit characteristic of hazardous waste
and [is subject to/complies with] the soil treatment standards as provided by
section 66268.49(c). |
[TICK] |
| 6. A certification is needed (see applicable section
for exact wording) |
[TICK] |
(4) The treatment facility shall submit a
one-time certification signed by an authorized representative with the initial
shipment of waste or treatment residue of a restricted waste to the land
disposal facility. The certification shall state:
I certify under penalty of law that I have personally
examined and am familiar with the treatment technology and operation of the
treatment process used to support this certification. Based on my inquiry of
those individuals immediately responsible for obtaining this information, I
believe that the treatment process has been operated and maintained properly so
as to comply with treatment standards specified in CCR, Title 22, division 4.5,
section 66268.40 without impermissible
dilution of the prohibited waste. I am aware there are significant penalties
for submitting a false certification, including the possibility of fine and
imprisonment.
A certification is also necessary for contaminated soil and
it shall state:
I certify under penalty of law that I have personally
examined and am familiar with the treatment technology and operation of the
treatment process used to support this certification and believe that it has
been maintained and operated properly so as to comply with treatment standards
specified in CCR, Title 22, division 4.5, section
66268.49 without impermissible
dilution of the prohibited wastes. I am aware there are significant penalties
for submitting a false certification, including the possibility of fine and
imprisonment.
(A) A copy of the
certification shall be placed in the treatment facility's on-site files. If the
waste or treatment residue changes, or the receiving facility changes, a new
certification shall be sent to the receiving facility, and a copy placed in the
file.
(B) Debris excluded from the
definition of hazardous waste under section
66261.3(e) of
this division (i.e., debris treated by an extraction or destruction technology
provided by Table 1, section
66268.45, and debris that the
Department has determined does not contain hazardous waste), however, is
subject to the notification and certification requirements of subsection (d) of
this section rather than the certification requirements of this
subsection.
(C) For wastes with
organic constituents having treatment standards expressed as concentration
levels, if compliance with the treatment standards is based in whole or in part
on the analytical detection limit alternative specified in section
66268.40(d), the
certification, signed by an authorized representative, shall state the
following:
I certify under penalty of law that I have personally
examined and am familiar with the treatment technology and operation of the
treatment process used to support this certification. Based on my inquiry of
those individuals immediately responsible for obtaining this information, I
believe that the nonwastewater organic constituents have been treated by
combustion units as specified in section
66268.42, Table 1. I have been
unable to detect the nonwastewater organic constituents, despite having used
best good-faith efforts to analyze for such constituents. I am aware there are
significant penalties for submitting a false certification, including the
possibility of fine and imprisonment.
(D) For RCRA characteristic wastes that are
subject to the treatment standards in section
66268.40 (other than those
expressed as a method of treatment), or section
66268.49 and, that contain
underlying hazardous constituents as defined in section
66260.10; if these wastes are
treated on-site to remove the hazardous characteristic; and are then sent
off-site for treatment of underlying hazardous constituents, the certification
shall state the following:
I certify under penalty of law that the waste has been
treated in accordance with the requirements of CCR, Title 22, division 4.5,
section 66268.40 or
66268.49 to remove the hazardous
characteristic. This decharacterized waste contains underlying hazardous
constituents that require further treatment to meet treatment standards. I am
aware that there are significant penalties for submitting a false
certification, including the possibility of fine and imprisonment.
(E) For RCRA characteristic wastes
that contain underlying hazardous constituents as defined in section
66260.10 that are treated on-site
to remove the hazardous characteristic to treat underlying hazardous
constituents to levels in section
66268.48 Universal Treatment
Standards, the certification shall state the following:
I certify under penalty of law that the waste has been
treated in accordance with the requirements of CCR, Title 22, division 4.5,
section 66268.40 to remove the hazardous
characteristic and that underlying hazardous constituents, as defined in
section 66260.10 have been treated on-site
to meet the section
66268.48 Universal Treatment
Standards. I am aware that there are significant penalties for submitting a
false certification, including the possibility of fine and imprisonment.
(5) If the waste or
treatment residue will be further managed at a different treatment, storage, or
disposal facility, the treatment, storage, or disposal facility sending the
waste or treatment residue off-site shall comply with the notice and
certification requirements applicable to generators under this
section.
(6) For wastes that are
prohibited under section
66268.32 of this chapter but not
subject to any treatment standards under article 4 or article 11 of this
chapter, the owner or operator of the treatment facility shall test the
treatment residues according to the generator testing requirements specified in
section
66268.32 to assure that the
treatment residues comply with the applicable prohibitions.
(7) For restricted waste under section
66268.29 subject to applicable
treatment standards set forth in article 11 of this chapter or wastes that are
prohibited under section
66268.32 in which the treatment
facility determines that the waste can be land disposed without further
treatment, with each shipment of waste the treatment facility shall submit to
the receiving facility a notice and certification, only if the receiving
facility is a land disposal facility operating within California. The notice
shall include the following information:
(A)
Non-RCRA hazardous waste category listed in section
66268.29, if applicable;
(B) the manifest number associated with the
shipment of waste;
(C) waste
analysis data, where available.
The certification shall be signed by an authorized
representative and shall state the following:
I certify under penalty of law that I have personally
examined and am familiar with the treatment technology and operation of the
treatment process used to support this certification. Based on my inquiry of
those individuals immediately responsible for obtaining this information, I
believe that the treatment process has been operated and maintained properly so
as to comply with treatment standards specified in CCR, Title 22, division 4.5,
chapter 18, article 11 [or all applicable prohibitions in section
66268.32] without impermissible
dilution of the prohibited waste. I am aware there are significant penalties
for submitting a false certification, including the possibility of fine and
imprisonment.
(d) Generators
or treaters who first claim that hazardous debris is excluded from the
definition of hazardous waste under section
66261.3(e) (i.e.
debris treated by an extraction or destruction technology provided by Table 1,
Section
66268.45, and debris that the
Department has determined does not contain hazardous waste are subject to the
following notification and certification requirements:
(1) A one-time notification, including the
following information, shall be submitted to the Department:
(A) The name and address of the RCRA Subtitle
D facility receiving the treated debris;
(B) A description of the hazardous debris as
initially generated, including the applicable EPA Hazardous Waste Number(s);
and
(C) For debris excluded under
66261.3(e)(1), the technology from Table 1, Section
66268.45, used to treat the
debris.
(2) The
notification shall be updated if the debris is shipped to a different facility,
and, for debris excluded under section
66261.3(e)(1), if
a different type of debris is treated or a different type of technology is used
to treat the debris.
(3) For debris
excluded under section
66261.3(e)(1),
the owner or operator of the treatment facility shall document and certify
compliance with the treatment standards of Table 1, section
66268.45, as follows:
(A) Records shall be kept of all inspections,
evaluations, and analyses of treated debris that are made to determine
compliance with the treatment standards;
(B) Records shall be kept of any data or
information the treater obtains during treatment of the debris that identifies
key operating parameters of the treatment unit; and
(C) For each shipment of treated debris, a
certification of compliance with the treatment standards shall be signed by an
authorized representative and placed in the facility's files. The certification
shall state the following: "I certify under penalty of law that the debris has
been treated in accordance with the requirements of CCR Title 22,
division 4.5,
chapter 18, section
66268.45. I am aware that there
are significant penalties for making a false certification, including the
possibility of fine and imprisonment."
