Cal. Code Regs. Tit. 22, § 67450.3 - Requirements Applicable to Fixed and Transportable Treatment Units Deemed to Have a Permit by Rule
(a)
The owner or operator of a transportable treatment unit (TTU) deemed to hold a
permit by rule pursuant to section
67450.2(a) shall
do all of the following:
(1) Submit, in
person or by certified mail with return receipt requested, four (4) complete
annual Transportable Treatment Unit (TTU) Permit by Rule/Conditional Exemption
Unit-Specific Notifications (DTSC Form 1199, (1/96)) to the Department at the
address specified in section
67450.2(a)(1), by
March 1 of each year following the year in which the initial unit-specific
notifications required by section
67450.2(a)(1) are
submitted unless the Department notifies the owner or operator, in writing, of
an alternate submittal date. Each annual notification shall be completed, dated
and signed according to the requirements of section
66270.11 as those requirements
apply to permit applications and shall contain all of the information specified
in section
67450.2(a)(2).
(2) Submit, in person or by certified mail
with return receipt requested, four (4) complete amended TTU Permit by
Rule/Conditional Exemption Unit-Specific Notifications (DTSC Form 1197, (1/96))
to the Department at the address specified in section
67450.2(a)(1),
within thirty (30) days of any change to the information contained in the most
recent unit-specific notification. Each amended notification shall be
completed, dated and signed according to the requirements of section
66270.11 as those requirements
apply to permit applications and shall contain all of the information specified
in section
67450.2(a)(2).
(3) Submit, in person or by certified mail
with return receipt requested, a Transportable Treatment Unit (TTU) Permit by
Rule Site-Specific Notification (DTSC Form 1197 (1/96)) to the Department at
the address specified in section
67450.2(a)(1) for
each site where the TTU will perform treatment. The site-specific notification
shall be submitted at least twenty-one (21) days prior to each site visit. Upon
good cause shown by the owner or operator, the Department shall shorten the
notification period. Each site-specific notification shall be completed, dated
and signed according to the requirements of section
66270.11 as those requirements
apply to permit applications, and shall contain all of the following:
(A) The name, physical address and telephone
number of the owner and operator, if different, the mailing address of the
owner and operator, if different, the TTU serial number, owner or operator
identification number and Board of Equalization account number, site or
facility name, address or legal description of the site or facility location,
site or facility identification number, site or facility contact person(s) and
telephone number(s), the information required by section
66270.13(c),
identification of the influent waste(s), identification of the type of business
generating waste(s) to be treated by the TTU, a plot plan detailing where the
hazardous waste treatment will occur, the anticipated time periods(s) the unit
will be at the site or facility, the anticipated date(s) and hour(s) the unit
will be in operation, a description of the hazardous waste(s) to be treated,
and an estimate of the quantity or volume of hazardous waste(s) to be treated,
an estimate of the quantity or volume of treatment effluents or residuals that
will be discharged to a POTW, an estimate of the volume or quantity of
treatment effluents or residuals that will not be discharged to a POTW, an
explanation of how all treatment effluents or residuals will be managed, and
the basis for determining that a hazardous waste facility permit is not
required under the federal act.
(B)
A certification, signed by the owner or operator, specifying the local
authorities that have been notified of the intended date(s) of operation. At a
minimum, the owner or operator shall notify the Certified Unified Program
Agency (CUPA) or authorized agency, the agency operating the POTW, if the
treatment results in discharge to a POTW, and any other agency that requires
notification for the operation of the TTU at that site or facility;
(C) A copy of any local Air District permit
and other permits required for the operation of the TTU;
(D) Documentation that the property owner, if
different from the facility operator, has been notified of the operation of the
TTU;
(F) The
documentation specified in section
67450.7, if
applicable.
(4) Submit,
in person or by certified mail with return receipt requested, an amended TTU
Permit by Rule Site-Specific Notification (DTSC Form 1197, (1/96)) to the
Department at the address specified in section
67450.2(a)(1)
whenever there is any change to information contained in the preceding
Site-Specific Notification for the site or facility where the TTU is operating
or proposing to operate. An amended notification shall not be required when the
change to information contained in a preceding notification is limited to a
change in the period of operation specified pursuant to subsection (a)(3)(A) of
this section and the Department has granted an extension pursuant to subsection
(a)(8)(A) or (a)(8)(B) of this section. Each amended notification submitted
pursuant to 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 contain all of the information specified
in subsection (a)(3) of this section.
(5) Submit the notification fee required by
Health and Safety Code section
25205.14.
Each TTU owner or operator who is required to submit a notification to the
Department pursuant to this section shall pay 100 percent of the initial
notification fee established by Health and Safety Code section
25205.14,
for each notification required pursuant to subsection (a)(1) of this section
within thirty (30) days after the date the fee is assessed by the Board of
Equalization as specified in Revenue and Taxation Code section
43152.10.
For purposes of fee assessment each set of notifications required by
subsections (a)(1) and (a)(2) of this section shall be considered a single
notification.
(6) Restrict
treatment to those processes and wastes listed in section
67450.11;
(7) Discharge any effluent or treatment
residual as follows:
(A) To a publicly owned
treatment works (POTW) in accordance with all applicable industrial waste
discharge requirements issued by the agency operating the POTW. Hazardous
wastes shall not be discharged to a POTW unless the POTW is authorized to
receive the hazardous waste and the discharge of hazardous waste is
specifically approved in writing by the agency operating the POTW. The facility
owner or operator shall inform the agency operating the POTW of the time,
volume, content, characteristics and point of the discharge; or
(B) In accordance with waste discharge
requirements issued by a Regional Water Quality Control Board; or a National
Pollutant Discharge Elimination System (NPDES) permit; or
(C) To a treatment, storage or disposal
facility authorized to receive the waste; or
(D) In accordance with any other applicable
state law allowing alternative disposition of the effluent or treatment
residual.
(8) Treat only
waste which is generated onsite. A residual material from treatment of a
hazardous waste generated offsite is not a waste that has been generated
onsite. Limit the operation of the TTU as specified in subsection (a)(8)(A) or
subsection (a)(8)(B) of this section.
(A)
TTUs may be stationed and operated at an on-site facility, or at an off-site
facility if the following conditions are met:
1. TTUs shall not be operated at any single
on-site or off-site facility for more than one year. Upon good cause shown by
the owner or operator, the Department shall grant up to two extensions, of six
months duration, to the period of operation specified pursuant to subsection
(a)(3)(A) of this section.
2. A TTU
operating under a permit by rule shall only treat waste at an off-site facility
if that off-site facility has a permit or other grant of authorization to
manage the same wastestream with the treatment process to be used by the
TTU.
3. When operating at an
off-site facility, the total processing rate for any wastestream, including all
approved fixed units and all TTUs, shall not exceed, at any time, the capacity
stated in the off-site facility's permit or other grant of
authorization.
(B) A TTU
may be stationed and operated at a hazardous substance release site or on-site
or off-site facility as part of a site remediation, corrective action or
closure activity for a maximum of one (1) calendar year. Upon good cause shown
by the owner or operator, the Department shall grant up to two extensions, of
six months duration each, to the period of operation specified pursuant to
subsection (a)(3)(A) of this section.
(9) Permanently mark the exterior of each TTU
with the name of the person which owns or operates the TTU, owner or operator
identification number and an individual serial number;
(10) Maintain the documents specified below
at the site or facility where the TTU is operating. The owner or operator shall
make these documents available upon demand at the site or facility to any
representative of the Department, the U.S. Environmental Protection Agency
(EPA) or a local governmental agency. A copy of these documents shall be
delivered in person or by certified mail with return receipt requested to the
Department when requested in writing by the Department. Any request from the
Department shall specify the documents which are required, where and how to
submit the required documents and the date by which the documents shall be
submitted. The documents include:
(A) A waste
analysis plan for the treatment operation as specified in section
66265.13(b);
(B) A written inspection schedule as
specified in section
66265.15(b);
(C) Training documents as specified in
section 66265.16(d)(3) as
they pertain to the operator(s);
(D) A contingency plan which contains the
information specified in section
66265.52;
(E) A copy of the most recent Unit-Specific
Notification submitted as required by sections
67450.2(a)(1),
67450.3(a)(1) and
67450.3(a)(2), a
copy of the most recent acknowledgement received from the Department pursuant
to sections
67450.2(a)(3) and
67450.3(b), a
copy of the most recent Site-Specific Notification as specified in sections
67450.3(a)(3) and
67450.3(a)(4),
and a copy of the most recent corresponding acknowledgement received from the
Department pursuant to section
67450.3(b);
(F) A copy of the closure plan required by
subsection (a)(13)(B) of this section;
(G) A copy of documents related to the
environmental investigation and any cleanup, abatement or other necessary
remedial action taken pursuant to section
67450.7, if applicable.
(H) Documentation of any convictions,
judgments, settlements, or orders resulting from any action by any local,
State, or federal environmental or public health enforcement agency concerning
the operation of the facility within the last three years, as the documents
would be available under the California Public Records Act (Chapter 3.5
(commencing with Section 6250) of Part 1 of Division 7 of Title 1 of the
Government Code) and the Information Practices Act of 1977 (Chapter 1
(commencing with Section 1798) of Title 1.8 of Part 4 of the Civil
Code);
(11) Maintain
compliance with sections
66264.175,
66265.148,
67450.7,
67450.13 and and with the
following regulations in chapter 15 of this division, including those referring
to permit applications:
(A) Article 2. General
Facility Standards (except for section
66265.25);
(B) Article 3. Preparedness and
Prevention;
(C) Article 4.
Contingency Plan and Emergency Procedures;
(D) Article 5. Manifest System, Recordkeeping
and Reporting (except for sections
66265.73(b)(2),
66265.73(b)(6),
66265.73(b)(7),
66265.73(b)(15)
and 66265.75);
(E) Article 9. Use and Management of
Containers;
(F) Article 10. Tank
Systems (except that the contingent plan for post-closure required by section
66265.197(c)(2)
shall be maintained with the closure plan required by subsection (a)(13)(B) of
this section);
(G) Article 16.
Thermal Treatment;
(H) Article 17.
Chemical, Physical, and Biological Treatment.
(12) Prepare and submit an annual report to
the Department when requested by the Department. The annual report shall be
delivered in person or by certified mail with return receipt requested to the
Department when requested in writing by the Department. The request from the
Department shall specify where and how to submit the annual report and the date
by which the annual report shall be submitted. The report shall be dated, and
signed according to the requirements of section
66270.11 as those requirements
apply to permit applications, and shall include the following information for
each site or facility where treatment was performed during the calendar year
preceding the Department's request:
(A) The
serial number(s) of the TTU(s) involved in the treatment;
(B) The physical and mailing address of the
person which owns or operates the TTU(s) and the TTU owner's or operator's
identification number;
(C) The
name, title and phone number of each TTU contact person;
(D) The name and address or legal description
of each site or facility;
(E) The
site or facility identification number(s), when applicable;
(F) The number of days each TTU was
operated;
(G) The quantity of
hazardous waste(s) treated by each TTU;
(H) The composition and hazardous
characteristics of the influent hazardous waste(s);
(I) The treatment method(s) used for each
hazardous waste treated by each TTU;
(J) The quantity, composition and hazardous
characteristic(s) of any treatment effluent or residual discharged from each
TTU to a POTW, if applicable; and
(K) The quantity, composition, hazardous
characteristic(s) and disposition of any TTU treatment effluent or residual
that was not discharged to a POTW, if applicable.
(13) Maintain compliance with the following
requirements regarding closure:
(A) Sections
66264.178,
66265.111(a) and
66265.111(b), in
the same manner as those sections apply to facilities and section
66265.114;
(B) The TTU owner or operator shall have a
written closure plan. The closure plan shall include:
1. A description of how and when each TTU
will be closed. The description shall identify the maximum extent of the
operation during the life of the TTU(s), and how the applicable requirements of
sections 66264.178,
66265.114,
66265.197 and
66265.404 will be met;
2. A description of the steps needed to
decontaminate the treatment equipment during closure; and
3. An estimate of the expected year of
closure and a schedule for final closure. The schedule for final closure shall
include, at a minimum, the total time required to close the
TTU(s).
(C) The TTU owner
or operator shall amend the closure plan at any time during the active life of
the TTU(s) (the active life of a TTU is that period during which wastes are
periodically treated) when changes in operating plans or TTU design affect the
closure plan, or whenever there is a change in the expected year of
closure.
(D) Within ninety (90)
days after treating the final volume of hazardous waste, the TTU owner or
operator shall treat or remove from the TTU(s), all hazardous waste in
accordance with the closure plan and the applicable requirements of this
chapter unless the owner or operator demonstrates to the Department that the
activities required to treat and/or remove all hazardous waste from the TTU(s)
will require longer than ninety (90) days.
(E) The TTU owner or operator shall complete
closure activities in accordance with the closure plan within 180 days after
treating the final volume of hazardous waste unless the owner or operator
demonstrates to the Department that the activities required to complete the
closure will require longer than 180 days to complete.
(F) The TTU owner or operator shall notify
the Department, the Certified Unified Program Agency (CUPA) or if there is no
CUPA, then the officer or agency authorized pursuant to subdivision (f) of
Health and Safety Code Section
25404.3
to implement and enforce the requirements of Health and Safety Code Section
25404(c)(1),
and any other agencies having jurisdiction over the closure project at least
fifteen (15) days prior to completion of closure; and
(G) The TTU owner or operator shall remain in
compliance with the applicable requirements of this section until the owner or
operator submits to the Department a certification signed by the owner or
operator and by an independent, professional engineer registered in California,
that closure has been completed in accordance with the closure plan and that
the closure plan meets or exceeds the applicable requirements of this
chapter.
(14) If
treatment will be conducted in containers, the containment requirements of
section 66264.175 applicable to transfer
and storage areas shall be complied with for areas where treatment
occurs.
(b) The
Department, within thirty (30) calendar days of receipt of an annual or amended
notification submitted pursuant to subsection (a)(1) or (a)(2) of this section,
or within ten (10) calendar days of receipt of a site-specific notification
submitted pursuant to subsection (a)(3) or (a)(4) of this section, shall
acknowledge, in writing, receipt of the notification. The Department shall, in
conjunction with the acknowledgement, authorize or reauthorize operation of the
TTU subject to the requirements of this section and sections
67450.7,
67450.9(b) and
67450.9(c),
terminate or deny authorization or reauthorization to operate under a permit by
rule pursuant to section
67450.9(a) or
notify the owner or operator that the notification is incomplete or inaccurate.
If the notification is incomplete or inaccurate, the Department shall specify
what additional information or correction is needed. The Department shall
authorize or reauthorize, or deny authorization or reauthorization to operate
as specified in this subsection within thirty (30) calendar days of receipt of
the requested information or correction for notifications submitted pursuant to
subsections (a)(1) and (a)(2) of this section, and within ten (10) calendar
days of receipt of the requested information or correction for notifications
submitted pursuant to subsections (a)(3) or (a)(4) of this section. The
Department shall reject the notification of any owner or operator who fails to
provide the information or correction requested within ten (10) days of receipt
of the acknowledgement. Upon good cause shown by the owner or operator, the
Department shall grant the owner or operator additional time to provide the
information or correction requested. An owner or operator whose notification is
rejected may submit a new notification.
(c) The owner or operator of a fixed
treatment unit (FTU) deemed to hold a permit by rule pursuant to section
67450.2(b) shall
do all of the following:
(1) Submit, in
person or by certified mail with return receipt requested, the annual Onsite
Hazardous Waste Treatment Notification page, Business Activities Page, and the
Business Owner/Operator Page of the Unified Program Consolidated Form (x/99),
an alternative version or a computer generated facsimile as allowed pursuant to
Title 27, CCR, Sections 15610 and 15620 to CUPA or authorized agency, by
January 1, 1994, or by January 1 of each year following the first treatment of
waste with the FTU, and by January 1 of each subsequent year unless CUPA or
authorized agency notifies the owner or operator, in writing, of an alternate
submittal date. Each annual notification shall be completed, dated and signed
according to the requirements of Section
66270.11 as those requirements
apply to permit applications and, except as provided by subsection (c)(9) of
this section, shall contain all of the information specified in Section
67450.2(b)(3).
Businesses may report this information electronically, if the CUPA or
authorized agency agrees and the business complies with Title 27, CCR, Section
15187.
(2) Submit, in person or by
certified mail with return receipt requested, an amended Onsite Hazardous Waste
Treatment Notification page, Business Activities Page, and the Business
Owner/Operator Page of the Unified Program Consolidated Form (x/99), an
alternative version or a computer generated facsimile as allowed pursuant to
Title 27, CCR, Sections 15610 and 15620 to CUPA or authorized agency, within
thirty (30) days of any change to the information contained in the most recent
notification. Each amended notification shall be completed, dated and signed
according to the requirements of section
66270.11 as those requirements
apply to permit applications and, except as provided by subsection (c)(9) of
this section, shall contain all of the information specified in section
67450.2(b)(3).
Businesses may report this information electronically, if the CUPA or
authorized agency agrees and Title 27, CCR, Section 15187 is complied
with.
(3) Submit the notification
fee required by Health and Safety Code section
25205.14(a).
Each FTU owner or operator who is required to submit a notification to the
Department pursuant to this section shall pay 100 percent of the notification
fee established by Health and Safety Code section
25205.14(a)
for each notification required by subsection (c)(1) of this section within
thirty (30) days after the date the fee is assessed by the Board of
Equalization, except as provided in section
67450.2(b)(7), as
specified in Revenue and Taxation Code section
43152.10.
(4) Restrict treatment to those processes and
wastes listed in section
67450.11;
(5) Discharge any effluent or treatment
residual as follows:
(A) To a publicly-owned
treatment works (POTW) in accordance with all applicable industrial waste
discharge requirements issued by the agency operating the POTW. Hazardous waste
shall not be discharged to a POTW unless the POTW is authorized to receive the
hazardous waste and the discharge of the hazardous waste is specifically
approved in writing by the agency operating the POTW. The FTU owner or operator
shall inform the agency operating the POTW of the time, volume, content,
characteristics and point of the discharge; or
(B) In accordance with waste discharge
requirements issued by a Regional Water Quality Control Board or a National
Pollutant Discharge Elimination System (NPDES) permit; or
(C) To a treatment, storage or disposal
facility authorized to receive the waste; or
(D) In accordance with any other applicable
state law allowing alternative disposition of the effluent or treatment
residual.
(6) Operate the
FTU at the same facility where the waste being treated is generated. A facility
which accepts waste which is not generated onsite for treatment, storage or
disposal is not eligible to operate a FTU pursuant to a permit by
rule.
(7) Permanently mark the
exterior of each FTU with the name of the person which owns or operates the
FTU, facility identification number and an individual serial number.
(8) Maintain the documents specified below at
the facility where the FTU is operating. The owner or operator shall make these
documents available upon demand at the facility to any representative of the
CUPA or authorized agency, Department, the EPA or a local governmental agency.
A copy of these documents shall be delivered in person or by certified mail
with return receipt requested to the Department, CUPA or authorized agency when
requested in writing by the Department, CUPA or authorized agency. The request
from the Department, CUPA or authorized agency shall specify the documents
which are required, where and how to submit the required documents and the date
by which the documents shall be submitted. The documents include:
(A) A waste analysis plan for the treatment
operation as specified in section
66265.13(b)
(B) A written inspection schedule
as specified in section
66265.15(b);
(C) Training documents as specified in
section 66265.16(d)(3);
(D) A contingency plan which contains the
information specified in section
66265.52;
(E) A copy of the most recent notification
submitted as required by sections
67450.2(b)(2),
67450.3(c)(1) and
67450.3(c)(2) and
a copy of the most recent acknowledgement received from the Department, CUPA or
authorized agency pursuant to sections
67450.2(b)(2) and
67450.3(d);
(F) A copy of any local Air District permit
and other permits required for the operation of the FTU;
(G) A copy of the closure plan required by
subsection (c)(11)(B) of this section;
(H) A copy of documents related to the
environmental investigation and any cleanup, abatement or other necessary
remedial action taken pursuant to section
67450.7;
(I) Documentation of any convictions,
judgments, settlements, or orders resulting from any action by any local,
State, or federal environmental or public health enforcement agency concerning
the operation of the facility within the last three years, as the documents
would be available under the California Public Records Act (Chapter 3.5
(commencing with Section 6250) of Part 1 of Division 7 of Title 1 of the
Government Code) and the Information Practices Act of 1977 (Chapter 1
(commencing with Section 1798) of Title 1.8 of Part 4 of the Civil
Code);
(9) Maintain
compliance with sections
66264.175,
66265.148,
67450.7,
67450.13, and
66265.404 and with the following
regulations in chapter 15 of this division, including those referring to permit
applications:
(A) Article 2. General Facility
Standards;
(B) Article 3.
Preparedness and Prevention;
(C)
Article 4. Contingency Plan and Emergency Procedures;
(D) Article 5. Manifest System, Recordkeeping
and Reporting (except sections
66265.73(b)(2),
66265.73(b)(6),
66265.73(b)(7),
66265.73(b)(15)
and 66265.75);
(E) Article 9. Use and Management of
Containers;
(F) Article 10. Tank
Systems (except that the contingent plan for post-closure required by section
66265.197(c)(2)
shall be maintained with the closure plan required by subsection (b)(12)(B) of
this section);
(G) Article 16.
Thermal Treatment;
(H) Article 17.
Chemical, Physical, and Biological Treatment.
(10) Prepare and submit an annual report to
CUPA or authorized agency when requested by CUPA or authorized agency. The
annual report shall be delivered in person or by certified mail with return
receipt requested to CUPA or authorized agency when requested in writing by
CUPA or authorized agency. The request from CUPA or authorized agency shall
specify where and how to submit the annual report and the date by which the
annual report shall be submitted. The report shall be dated, and signed
according to the requirements of section
66270.11 as those requirements
apply to permit applications, and shall include the following information for
each FTU which performed treatment during the calendar year preceding CUPA or
authorized agency's request:
(A) The serial
number(s) of the FTU(s) involved in treatment;
(B) The physical and mailing address of the
business entity which owns or operates the FTU(s);
(C) The name, title and telephone number of
each FTU contact person;
(D) The
name and address or legal description of the facility;
(E) The facility identification
number;
(F) The number of days each
FTU was operated;
(G) The quantity
of hazardous waste(s) treated by each FTU;
(H) The composition and hazardous
characteristics of the influent hazardous waste(s);
(I) The treatment method(s) used for each
hazardous waste treated by each FTU;
(J) The quantity, composition and hazardous
characteristic(s) of any treatment effluent or residual discharged from each
FTU to a POTW, if applicable; and
(K) The quantity, composition, hazardous
characteristic(s) and disposition of any FTU treatment effluent or residual
that was not discharged to a POTW, if applicable.
(11) Maintain compliance with the following
requirements regarding closure:
(A) Sections
66264.178,
66265.111(a) and
66265.111(b), in
the same manner as those sections apply to facilities and section
66265.114;
(B) The FTU owner or operator shall have a
written closure plan. The closure plan shall include:
1. A description of how and when each FTU
will be closed. The description shall identify the maximum extent of the
operation during the life of the FTU(s), and how the applicable requirements of
sections 66264.178,
66265.114,
66265.197(a),
66265.197(b), (c)(1) and
(c)(2) and
66265.404 will be met;
2. An estimate of the maximum inventory of
waste in storage and in treatment at any time during the operation of the
FTU(s) at the facility;
3. A
description of the steps needed to decontaminate the treatment equipment during
closure; and
4. An estimate of the
expected year of closure and a schedule for final closure. The schedule for
final closure shall include, at a minimum, the total time required to close
each FTU.
(C) The FTU
owner or operator shall maintain the closure plan in compliance with section
66265.112(c);
(D) Within ninety (90) days after treating
the final volume of hazardous waste, the FTU owner or operator shall treat,
remove from the facility, or dispose of on-site, all hazardous waste in
accordance with the closure plan and the applicable requirements of this
chapter unless the owner or operator demonstrates to CUPA or authorized agency
that the activities required to complete the closure will require longer than
ninety (90) days, or the FTU has the capacity to treat additional wastes, or
there is a reasonable likelihood that a person other than the owner or operator
will recommence operation of the FTU(s), and closure of the FTU(s) would be
incompatible with the operation of the facility, and the owner or operator has
taken and will continue to take all steps necessary to prevent threats to human
health and the environment;
(E) The
FTU owner or operator shall complete closure activities in accordance with the
closure plan within 180 days after treating the final volume of hazardous waste
unless the owner or operator demonstrates to CUPA or authorized agency that the
activities required to complete the closure will require longer than 180 days
to complete, or the FTU has the capacity to treat additional wastes, or there
is a reasonable likelihood that a person other than the owner or operator will
recommence operation of the FTU(s), and closure of the FTU(s) would be
incompatible with the operation of the facility, and the owner or operator has
taken and will continue to take all steps necessary to prevent threats to human
health and the environment;
(F) The
FTU owner or operator shall notify the CUPA or authorized agency and any other
agencies having jurisdiction over the closure project at least fifteen (15)
days prior to completion of closure; and
(G) The FTU owner or operator shall remain in
compliance with all applicable requirements of this section until the owner or
operator submits to CUPA or authorized agency a certification signed by the
owner or operator and by an independent, professional engineer registered in
California, that closure has been completed in accordance with the closure plan
and that the closure plan meets or exceeds the applicable requirements of this
chapter.
(12) If
treatment will be conducted in containers, the containment requirements of
sections 66264.175 applicable to transfer
and storage areas shall be complied with for areas where treatment
occurs.
(d) CUPA or
authorized agency, within forty-five (45) calendar days of receipt of an annual
or amended notification submitted pursuant to subsection (c)(1) or (c)(2) of
this section, shall acknowledge in writing receipt of the notification. CUPA or
authorized agency shall, in conjunction with the acknowledgement, reauthorize
operation of the FTU subject to the requirements of this section and sections
67450.7 and
67450.9(b) and
(c), terminate or deny reauthorization to
operate under permit by rule pursuant to section
67450.9(a) or
notify the owner or operator that the notification is incomplete or inaccurate.
If the notification is incomplete or inaccurate, CUPA or authorized agency
shall specify what additional information or correction is needed. CUPA or
authorized agency shall reauthorize or deny reauthorization to operate as
specified in this subsection within forty-five (45) calendar days of receipt of
the requested information or corrected notifications. CUPA or authorized agency
shall reject the notification of any owner or operator who fails to provide the
information or correction requested within ten (10) days of receipt of the
acknowledgement. Upon good cause shown by the owner or operator, CUPA or
authorized agency shall grant the owner or operator additional time to provide
the information or correction requested. An owner or operator whose
notification is rejected may submit a new notification.
Notes
2. Renumbering of former section 67450.3 to section 67450.11 and new section filed 10-23-91; operative 1-1-92 (Register 92, No. 12).
3. Amendment of subsection (c)(1) filed 6-16-92 as an emergency; operative 6-16-92 (Register 92, No. 25). A Certificate of Compliance must be transmitted to OAL 10-14-92 or emergency language will be repealed by operation of law on the following day.
4. Amendment of subsection (c)(1) refiled 10-13-92 as an emergency; operative 10-12-92 (Register 92, No. 42). A Certificate of Compliance must be transmitted to OAL 2-11-93 or emergency language will be repealed by operation of law on the following day.
5. Amendment of subsections (c)(1) and (c)(3) filed 2-9-93 as an emergency; operative 2-9-93 (Register 93, No. 7). A Certificate of Compliance must be transmitted to OAL 6-9-93 or emergency language will be repealed by operation of law on the following day.
6. Amendment of subsections (c)(1) and (c)(3) refiled 6-8-93 as an emergency; operative 6-8-93 (Register 93, No. 24). A Certificate of Compliance must be transmitted to OAL by 10-6-93 or emergency language will be repealed by operation of law on the following day.
7. Certificate of Compliance as to 6-8-93 order including amendment of section and NOTE transmitted to OAL 10-5-93 and filed 11-18-93 (Register 93, No. 47).
8. Editorial correction of subsection (b) (Register 95, No. 50).
9. Amendment of subsection (c)(11)(B)1. filed 2-13-96 as an emergency; operative 2-13-96 (Register 96, No. 7). A Certificate of Compliance must be transmitted to OAL by 6-12-96 or emergency language will be repealed by operation of law on the following day.
10. Reinstatement of subsection (c)(11)(B)1. as it existed prior to emergency amendment filed 2-13-96 by operation of Government Code section 11346.1(f) (Register 96, No. 25).
11. Amendment of subsection (c)(11)(B)1. filed 6-17-96 as an emergency; operative 6-17-96 (Register 96, No. 25). A Certificate of Compliance must be transmitted to OAL by 10-15-96 or emergency language will be repealed by operation of law on the following day.
12. Amendment of subsection (c)(11)(B)1. refiled 10-15-96 as an emergency; operative 10-15-96 (Register 96, No. 42). A Certificate of Compliance must be transmitted to OAL by 2-13-97 or emergency language will be repealed by operation of law on the following day.
13. Reinstatement of section as it existed prior to 10-15-96 emergency amendment by operation of Government Code section 11346.1(f) (Register 97, No. 9).
14. Editorial correction of HISTORY 12 (Register 97, No. 9).
15. Amendment of subsection (c)(11)(B)1. filed 2-24-97 as an emergency; operative 2-24-97 (Register 97, No. 9). A Certificate of Compliance must be transmitted to OAL by 6-24-97 or emergency language will be repealed by operation of law on the following day.
16. Change without regulatory effect amending section and NOTE filed 3-26-97 pursuant to section 100, title 1, California Code of Regulations (Register 97, No. 13).
17. Certificate of Compliance as to 2-24-97 order, including amendment of NOTE, transmitted to OAL 6-24-97 and filed 8-6-97 (Register 97, No. 32).
18. 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.
19. 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.
20. 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.
21. 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.
22. Certificate of Compliance as to 12-29-99 order transmitted to OAL 2-29-2000 and filed 4-11-2000 (Register 2000, No. 15).
23. Change without regulatory effect amending subsection (c)(11)(D) filed 6-7-2004 pursuant to section 100, title 1, California Code of Regulations (Register 2004, No. 24).
Note: Authority cited: Sections 25150, 58004 and 58012, Health and Safety Code. Reference: Sections 25112.5, 25150, 25185.6, 25186, 25200, 25200.2, 25202.9, 25205.1 and 25245.4, Health and Safety Code.
2. Renumbering of former section 67450.3 to section 67450.11 and new section filed 10-23-91; operative 1-1-92 (Register 92, No. 12).
3. Amendment of subsection (c)(1) filed 6-16-92 as an emergency; operative 6-16-92 (Register 92, No. 25). A Certificate of Compliance must be transmitted to OAL 10-14-92 or emergency language will be repealed by operation of law on the following day.
4. Amendment of subsection (c)(1) refiled 10-13-92 as an emergency; operative 10-12-92 (Register 92, No. 42). A Certificate of Compliance must be transmitted to OAL 2-11-93 or emergency language will be repealed by operation of law on the following day.
5. Amendment of subsections (c)(1) and (c)(3) filed 2-9-93 as an emergency; operative 2-9-93 (Register 93, No. 7). A Certificate of Compliance must be transmitted to OAL 6-9-93 or emergency language will be repealed by operation of law on the following day.
6. Amendment of subsections (c)(1) and (c)(3) refiled 6-8-93 as an emergency; operative 6-8-93 (Register 93, No. 24). A Certificate of Compliance must be transmitted to OAL by 10-6-93 or emergency language will be repealed by operation of law on the following day.
7. Certificate of Compliance as to 6-8-93 order including amendment of section and Notetransmitted to OAL 10-5-93 and filed 11-18-93 (Register 93, No. 47).
8. Editorial correction of subsection (b) (Register 95, No. 50).
9. Amendment of subsection (c)(11)(B)1. filed 2-13-96 as an emergency; operative 2-13-96 (Register 96, No. 7). A Certificate of Compliance must be transmitted to OAL by 6-12-96 or emergency language will be repealed by operation of law on the following day.
10. Reinstatement of subsection (c)(11)(B)1. as it existed prior to emergency amendment filed 2-13-96 by operation of Government Code section 11346.1(f) (Register 96, No. 25).
11. Amendment of subsection (c)(11)(B)1. filed 6-17-96 as an emergency; operative 6-17-96 (Register 96, No. 25). A Certificate of Compliance must be transmitted to OAL by 10-15-96 or emergency language will be repealed by operation of law on the following day.
12. Amendment of subsection (c)(11)(B)1. refiled 10-15-96 as an emergency; operative 10-15-96 (Register 96, No. 42). A Certificate of Compliance must be transmitted to OAL by 2-13-97 or emergency language will be repealed by operation of law on the following day.
13. Reinstatement of section as it existed prior to 10-15-96 emergency amendment by operation of Government Code section 11346.1(f) (Register 97, No. 9).
14. Editorial correction of History 12 (Register 97, No. 9).
15. Amendment of subsection (c)(11)(B)1. filed 2-24-97 as an emergency; operative 2-24-97 (Register 97, No. 9). A Certificate of Compliance must be transmitted to OAL by 6-24-97 or emergency language will be repealed by operation of law on the following day.
16. Change without regulatory effect amending section and Note filed 3-26-97 pursuant to section 100, title 1, California Code of Regulations (Register 97, No. 13).
17. Certificate of Compliance as to 2-24-97 order, including amendment of Note, transmitted to OAL 6-24-97 and filed 8-6-97 (Register 97, No. 32).
18. 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.
19. 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.
20. 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.
21. 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.
22. Certificate of Compliance as to 12-29-99 order transmitted to OAL 2-29-2000 and filed 4-11-2000 (Register 2000, No. 15).
23. Change without regulatory effect amending subsection (c)(11)(D) filed 6-7-2004 pursuant to section 100, title 1, California Code of Regulations (Register 2004, No. 24).
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