Cal. Code Regs. Tit. 22, § 66270.60 - Permits by Rule
(a)
Notwithstanding any other provision of this chapter, all variances previously
issued to owners or operators of hazardous waste management units or facilities
for treatment activities which are eligible for permit by rule are revoked
effective May 1, 1992. This revocation date does not apply to temporary
household hazardous waste collection facilities or K-12 schools hazardous waste
collection, consolidation, and accumulation facilities (SHWCCAF) eligible for
operation pursuant to article 5 of chapter 45 (commencing with section
67450.40). The owner or operator
of a SHWCCAF operating under a variance issued by the department may continue
operation under the conditions of the variance until the variance
expires.
(b) No TTU owner or
operator authorized to treat hazardous waste pursuant to a permit by rule
before January 1, 1992 shall be deemed to have a permit after May 1, 1992
unless the TTU owner or operator submits a notification as specified in section
67450.2(a) and
receives an acknowledgement from the Department authorizing operation of the
TTU.
(c) An owner or operator who
has been issued a formal hazardous waste facility permit pursuant to Health and
Safety Code section
25200,
or granted interim status pursuant to Health and Safety Code section
25200.5
for a unit or facility which is otherwise eligible for operation pursuant to a
permit by rule may convert to operation pursuant to a permit by rule as
follows:
(1) An owner or operator who has been
issued a formal hazardous waste facility permit shall submit a written request
for a permit modification to the Department pursuant to section
66271.4. All requirements
established in the hazardous waste facility permit shall remain in effect
pending completion of the modification proceedings.
(2) An owner or operator who has been granted
interim status or another grant of authorization other than those specified in
paragraph (3), and who intends to operate under a permit by rule shall advise
the Department, in writing, of intent to operate pursuant to a permit by rule,
request withdrawal of a submitted Part B application, if applicable, and submit
the notification specified in subsection (d)(6)(A) of this section or section
67450.2(b)(2),
whichever is applicable to the CUPA or authorized agency.
(d) Except as provided in section
67450.9, the following shall be
deemed to have a permit if the conditions listed are met:
(1) The owner or operator of a publicly owned
treatment works (POTW). The owner or operator of a POTW which accepts hazardous
waste for treatment, shall be deemed to have a permit if the requirements of
subsections (d)(1)(A) through (d)(1)(E) of this section are met:
(A) The owner or operator shall have a
National Pollutant Discharge Elimination System (NPDES) permit and waste
discharge requirements issued by a Regional Water Quality Control
Board;
(B) The owner or operator
shall comply with the conditions of the NPDES permit and waste discharge
requirements;
(C) The owner or
operator shall comply with the following regulations:
1. Section
66264.11, Identification
Number;
2. Section
66264.71, Use of Manifest
System;
3. Section
66264.72, Manifest
Discrepancies;
4. Section
66264.73(a) and
(b)(1), Operating Record;
5. Section
66264.75, Annual Report;
and
6. Section
66264.76, Unmanifested Waste
Report,
7. For NPDES permits issued
after November 8, 1984, section
66264.801.
(D) The waste shall meet all Federal, State,
and local pretreatment requirements which would be applicable to the waste if
it were being discharged into the POTW through a sewer, pipe, or similar
conveyance;
(E) Hazardous wastes
generated by a POTW shall be managed in compliance with the requirements of
this chapter.
(2) The
owner or operator of an ocean disposal barge or vessel. The owner or operator
of a barge or other vessel which accepts hazardous waste for ocean disposal,
shall be deemed to have a permit if the requirements of subsections (d)(2)(A)
through (d)(2)(C) of this section are met:
(A)
The owner or operator shall have a permit for ocean dumping issued under Title
40, CFR, Part 220 (Ocean Dumping, authorized by the Federal Marine Protection,
Research, and Sanctuaries Act,
Title 33, U.S.C., Section
1420 et seq.);
(B) The owner or operator shall comply with
the conditions of that permit; and
(C) The owner or operator shall comply with
the regulations specified in subsection (d)(1)(C) of this section.
(3) The owner or operator of a
Transportable Treatment Unit (TTU). The owner or operator of a TTU that treats
hazardous waste shall be deemed to have a permit when the requirements of
section 67450.2(a) and
67450.3(a)(3) are
met and the Department acknowledges authorization of the TTU pursuant to
sections 67450.2(a)(3) and
67450.3(b).
(4) The owner or operator of a Fixed
Treatment Unit (FTU). The owner or operator of a FTU that treats hazardous
waste shall be deemed to have a permit when the requirements of section
67450.2(b) are
met.
(5) The operator of a
temporary household hazardous waste collection facility (THHWCF). The operator
of a THHWCF shall be deemed to have a permit when the operator complies with
subsections (d)(5)(A) and (d)(5)(B) of this section. For purposes of this
section, the public agency signing the notification required by subsection
(d)(5)(A) of this section shall be deemed to have the permit to operate the
THHWCF and shall assume all the responsibilities of an operator as specified in
the sections applicable to THHWCFs. A public agency operating a THHWCF may
enter into a written agreement with a person (contractor) to conduct the
operations at the facility. The public agency shall be deemed the operator for
the purposes of Chapters 20 and 45, and the other party to the agreement shall
be deemed the contractor for the purposes of Chapters 20 and 45.
(A) The operator of a THHWCF shall submit, in
person or by certified mail with return receipt requested, a Temporary
Household Hazardous Waste Collection Facility Permit by Rule Notification (DTSC
Form 8464) (9/94) to CUPA or authorized agency. Each notification may address
all THHWCF events to be held at a given location during a single reporting
period (January 1 through December 31). If significant changes to the
notification information occur during the reporting period, an amended
notification must be submitted immediately. The notification shall be submitted
a minimum of 45 days in advance of the date the first session of the THHWCF
commences operation. Each notification required by this subsection shall be
completed, dated and signed according to the requirements of Section
66270.11 as those requirements
apply to permit applications and shall be submitted with all of the following:
1. the name, mailing address and telephone
number of the operator;
2. the
facility name, address or legal description of the facility location and
identification number issued by the Department;
3. an indication whether the facility will
accept wastes from small quantity commercial sources;
4. a list of the days and hours of operation
including alternate dates as appropriate;
5. the name, address and telephone number of
the contact person for the THHWCF;
6. a listing of the local authorities that
have been notified of the intended operation;
7. a listing of all local permits obtained
for the operation of the facility;
8. an indication of an agreement between the
property owner and facility operator allowing operation of the THHWCF;
and
(6) The operator of
a permanent household hazardous waste collection facility (PHHWCF). The
operator of a PHHWCF shall be deemed to have a permit when the operator
complies with subsections (d)(6)(A) and (d)(6)(C) of this section and receives
an acknowledgement from CUPA or authorized agency authorizing operation of the
PHHWCF pursuant to subsection (d)(6)(B) of this section. For purposes of
chapter 20 commencing with section
66270.1, and chapter 45 commencing
with section
67450.1, the public agency signing
the notification required by subparagraph (A) of this paragraph shall be deemed
to have the permit to operate the PHHWCF and the public agency or its
contractor who conducts the operation of the PHHWCF shall assume all the
responsibilities of an operator as specified in sections
67450.25 and
67450.30. A public agency
operating a PHHWCF may enter into a written agreement with a person to conduct
the operations at the facility. In such instances, the public agency shall be
deemed the operator for the purposes of chapters 20 and 45, and the other party
to the agreement shall be deemed the contractor for the purposes of chapters 20
and 45.
(A) The operator of a PHHWCF shall
submit, in person or by certified mail with return receipt requested, a
Permanent Household Hazardous Waste Collection Facility Permit by Rule
Notification (DTSC Form 1094B) (11/08) to CUPA or authorized agency. The
notification shall be submitted a minimum of 45 days in advance of the planned
commencement of operation except as provided in subsections (c)(2) and (c)(3)
of this section. Each notification required by this subsection shall be
completed, dated and signed according to the requirements of section
66270.11 as those requirements
apply to permit applications and shall be submitted with all of the following:
1. the name, mailing address and telephone
number of the operator;
2. the
facility name, address, legal description of the facility location, and
identification number issued by the Department;
3. the contractor's name, address, telephone
number and name of the contact person, if applicable;
4. a listing of all local and state permits
required for the operation of the facility, and an indication of whether those
permits have been obtained;
5. a
copy of a written agreement between the property owner and facility operator,
if applicable, allowing operation of the PHHWCF;
6. an indication whether the facility will
accept wastes from very small quantity generators;
7. an identification of the types of wastes
that will be consolidated at the PHHWCF, if applicable;
8. an estimate of the total quantity of waste
expected to be brought to the PHHWCF in an average month;
9. the design capacity of the storage units
at the PHHWCF;
10. the operating
schedule of the PHHWCF;
11. a
narrative description of the facility and its operation, including a
description of the length of time waste will be held at the facility;
12. a plot plan of the facility showing the
general perimeters of the facility, traffic patterns, and all hazardous waste
management units, and including the information specified in sections
66270.14(b)(18)(A), (F), (G), (H), (J), and
(L). (This requirement may be satisfied by
submitting a hand drawn schematic.)
(B) CUPA or authorized agency within thirty
(30) calendar days of receipt of a notification submitted pursuant to
subsection (d)(6)(A) of this section, shall acknowledge in writing receipt of
the notification. CUPA or authorized agency shall, in conjunction with the
acknowledgement, authorize operation of the PHHWCF subject to the requirements
and conditions of section
67450.25; deny authorization to
operate under a permit by rule pursuant to section
67450.9(a); or
notify the operator that the notification is incomplete or inaccurate and
inform the operator of the additional information or correction(s) needed. CUPA
or authorized agency shall deny the notification of any operator who fails to
provide the information or correction(s) requested within ten (10) calendar
days of receipt of the acknowledgement. Upon good cause shown by the operator,
CUPA or authorized agency shall grant the operator additional time to provide
the information or correction(s) requested. An operator whose notification is
rejected may submit a new or revised notification.
(C) Fortyfive (45) calendar days prior to
implementing any change in the operation of the facility as described in the
notification required by paragraph (A) of this subsection, the operator shall
send a revised notification (DTSC Form 1094B) (11/08) to CUPA or authorized
agency. CUPA or authorized agency shall notify the operator if the information
is incomplete or inaccurate within thirty (30) calendar days of receipt of the
revised notification. Upon good cause shown by the operator, CUPA or authorized
agency shall allow the operator to submit the revised notification within a
shorter period of time prior to implementing the change.
(D) CUPA or authorized agency, within thirty
(30) calendar days of receipt of a revised notification submitted pursuant to
subsection (d)(6)(C) of this section, shall acknowledge in writing receipt of
the revised notification. CUPA or authorized agency shall, in conjunction with
the acknowledgment, authorize continued operation of the PHHWCF subject to the
requirements and conditions of section
67450.25; deny authorization to
operate under a permit by rule pursuant to section
67450.9(a); or
notify the operator that the revised notification is incomplete or inaccurate
and inform the operator of the additional information or correction(s) needed.
CUPA or authorized agency shall deny the revised notification of any operator
who fails to provide the information or correction(s) requested within ten (10)
calendar days of receipt of the acknowledgment. Upon good cause shown by the
operator, CUPA or authorized agency shall grant the operator additional time to
provide the information or correction(s) requested. An operator whose revised
notification is rejected may submit a new revised notification.
(7) The owner or operator of a
K-12 schools hazardous waste collection, consolidation, and accumulation
facility (SHWCCAF). The owner or operator of a SHWCCAF shall be deemed to have
a permit when the requirements of section
67450.43 are met and the SHWCCAF
receives an acknowledgement from the CUPA or authorized agency authorizing
operation of the SHWCCAF pursuant to sections
67450.43(e) or
(g).
(A)
The owner or operator of a SHWCCAF operating under a variance issued by the
department shall submit a notification of intent to operate as a SHWCCAF under
permit by rule pursuant to section
67450.43 no later than 45 days
prior to the expiration date of the variance. The owner or operator of a
SHWCCAF operating under a variance issued by the department shall discontinue
operation of the SHWCCAF after the expiration date of the variance unless
authorization to operate under permit by rule is received pursuant to section
67450.43(e).
Notes
Note: Authority cited: Sections 25150, 25150.6, 25200, 25218.3(d) and 58012, Health and Safety Code. Reference: Sections 25150.6, 25159, 25159.5, 25200, 25218.2, 25218.3 and 25218.8, Health and Safety Code.
Note: Authority cited: Sections 25150, 25150.6, 25200, 25218.3(d) and 58012, Health and Safety Code. Reference: Sections 25150.6, 25159, 25159.5, 25200, 25218.2, 25218.3 and 25218.8, Health and Safety Code.
2. Amendment filed 10-23-91; operative 1-1-92 (Register 92, No. 12).
3. New subsections (d)(5)-(d)(5)(C) and renumbering with amendment of text and Note filed 4-12-93; operative 4-12-93 (Register 93, No. 16).
4. Amendment of section and Note filed 8-30-95 as an emergency; operative 8-30-95 (Register 95, No. 35). A Certificate of Compliance must be transmitted to OAL by 12-28-95 or emergency language will be repealed by operation of law on the following day.
5. Amendment of section and Note refiled 12-26-95 as an emergency; operative 12-26-95 (Register 95, No. 52). A Certificate of Compliance must be transmitted to OAL by 4-24-96 or emergency language will be repealed by operation of law on the following day.
6. Amendment of section and Note refiled 4-25-96 as an emergency; operative 4-25-96 (Register 96, No. 17). A Certificate of Compliance must be transmitted to OAL by 8-23-96 or emergency language will be repealed by operation of law on the following day.
7. Amendment of section and Note refiled 8-23-96 as an emergency; operative 8-23-96 (Register 96, No. 34). A Certificate of Compliance must be transmitted to OAL by 12-23-96 or emergency language will be repealed by operation of law on the following day.
8. Certificate of Compliance as to 8-23-96 order, including amendment of section, transmitted to OAL 9-27-96 and filed 11-7-96 (Register 96, No. 45).
9. Amendment filed 1-8-99 as an emergency; operative 1-8-99 (Register 99, No. 2). A Certificate of Compliance must be transmitted to OAL by 5-10-99 or emergency language will be repealed by operation of law on the following day.
10. Amendment refiled 5-7-99 as an emergency; operative 5-7-99 (Register 99, No. 19). A Certificate of Compliance must be transmitted to OAL by 9-7-99 or emergency language will be repealed by operation of law on the following day.
11. Amendment refiled 9-3-99 as an emergency; operative 9-3-99 (Register 99, No. 36). A Certificate of Compliance must be transmitted to OAL by 1-3-2000 or emergency language will be repealed by operation of law on the following day.
12. Amendment refiled 12-29-99 as an emergency; operative 1-3-2000 (Register 99, No. 53). A Certificate of Compliance must be transmitted to OAL by 5-2-2000 or emergency language will be repealed by operation of law on the following day.
13. Certificate of Compliance as to 12-29-99 order transmitted to OAL 2-29-2000 and filed 4-11-2000 (Register 2000, No. 15).
14. Amendment of subsection (a), new subsections (d)(7)-(d)(7)(A) and amendment of Note filed 1-30-2002; operative 1-30-2002 pursuant to Government Code section 11343.4 (Register 2002, No. 5).
15. Change without regulatory effect repealing subsection (d)(5)(A)9. filed 1-13-2005 pursuant to section 100, title 1, California Code of Regulations (Register 2005, No. 2).
16. Change without regulatory effect amending subsections (d)(6)(A) and (d)(6)(C) filed 1-6-2009 pursuant to section 100, title 1, California Code of Regulations (Register 2009, No. 2).
17. Amendment of subsections (d), (d)(6) and (d)(6)(A)6. filed 5-6-2024; operative
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