Cal. Code Regs. Tit. 22, § 66270.65 - Research, Development, and Demonstration Permits
(a) The Department may issue a research,
development, and demonstration permit for any hazardous waste treatment
facility which proposes to utilize an innovative and experimental hazardous
waste treatment technology or process for which permit standards for such
experimental activity have not been promulgated under chapter 14 or 16 of this
division. Any such permit shall include such terms and conditions that shall
assure protection of human health and safety, livestock, wildlife and the
environment. Such permits:
(1) shall provide
for the construction of such facilities as necessary, and for operation of the
facility for not longer than one year unless renewed as provided in subsection
(d) of this section, and
(2) shall
provide for the receipt and treatment by the facility of only those types and
quantities of hazardous waste which the Department deems necessary for purposes
of determining the efficacy and performance capabilities of the technology or
process and the effects of such technology or process on human health and
safety, livestock, wildlife and the environment, and
(3) shall include such requirements as the
Department deems necessary to protect human health and safety, livestock,
wildlife and the environment (including, but not limited to, requirements
regarding monitoring, operation, financial responsibility, closure , and
remedial action), and such requirements as the Department deems necessary
regarding testing and providing of information to the Department with respect
to the operation of the facility.
(b) If an applicant demonstrates to the
satisfaction of the Department that the expedited review and issuance of a
permit under this section is necessary for the protection of human health and
safety, and the environment, the Department shall modify or waive permit
application and permit issuance requirements in chapters 20 and 21 of this
division to the extent necessary to protect human health and safety and the
environment except that there may be no modification or waiver of regulations
regarding financial responsibility (including insurance) or of procedures
regarding public participation.
(c)
The Department shall order an immediate termination of all operations at the
facility at any time the Department determines that termination is necessary to
protect human health and safety, livestock, wildlife and the
environment.
(d) Any permit issued
under this section may be renewed not more than three times. Each such renewal
shall be for a period of not more than 1 year.
Notes
Note: Authority cited: Sections 208, 25150 and 25159, Health and Safety Code. Reference: Sections 25159 and 25159.5, Health and Safety Code; 40 CFR Section 270.65.
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