Ga. Comp. R. & Regs. R. 391-3-11-.11 - Hazardous Waste Facility Permits
(1)
Permits Required: No person shall and it shall be unlawful and a violation of
the Georgia Hazardous Waste Management Act to construct, install, operate or
substantially alter a hazardous waste facility without first obtaining and
possessing a hazardous waste facility permit from the Director.
(a) Scope of the RCRA Permit Requirement:
40 C.F.R.
270.1(c), except for
270.1(c)(7) and 270.1(c)(2)(ix), is hereby incorporated by reference.
(b)
40 C.F.R.
124.1(a) is hereby
incorporated by reference.
(2) Interim Status: Any person who owns or
operates a facility required to have a permit under subsection (1) above, which
facility was in existence on November 19, 1980, or is in existence on the
effective date of statutory or regulatory changes pursuant to the Georgia
Hazardous Waste Management Act that render the facility subject to the
requirement to have a permit pursuant to subsection (1) above, shall be
accorded interim status, which means that such person shall be treated as
having been issued a permit until such time as final administrative disposition
of the person's application has been made, if and to the extent the person:
(a) Has notified the Director of the
existence of such facility as required pursuant to Rule
391-3-11-.04;
(b) Has filed an application for a permit as
required pursuant to these rules;
(c) Furnishes to the Director information
reasonably required or requested for processing such application;
(d) Does not treat, store, or dispose of
hazardous waste not specified in the permit application, nor employ processes
not specified in the permit application, nor exceed the design capacity
specified in the permit application; and
(e) Complies with all standards applicable to
interim status facilities set forth in these rules.
(3) Application for Permit: An application
for a Hazardous Waste Facility Permit shall be submitted in such manner and on
such forms as the Director may prescribe.
(a)
Application shall be complete and accurate and accompanied by required plans,
data, specifications, engineering reports, design and other information as the
Director deems necessary to make a determination of compliance with the Act,
applicable standards and requirements and these rules. An application for a
permit shall include a demonstration of financial responsibility including but
not limited to guarantees, liability insurance, the posting of bonds, or any
combination of guarantees, liability insurance, or bonds, in accordance with
O.C.G.A. 12-8-68 et seq. and
391-3-11-.05 of these rules.
Applications for permits will be reviewed together with such other information
as may be necessary to ascertain the effect upon the environment and the health
of humans.
(b) Specific Procedures
Applicable to RCRA Permits: 40 C.F.R. 124.31-
124.33 are hereby incorporated by
reference, except the following sentences are deleted in section (a) of 124.31,
124.32 and 124.33 "For the purposes of this section only 'hazardous waste
management units over which EPA has permit issuance authority' refers to
hazardous waste management units for which the State where the units are
located has not been authorized to issue RCRA permits pursuant to 40 C.F.R.
Part 271 . The requirements of this section do not apply to permit
modifications under 270.42 or to applications that are submitted for the sole
purpose of conducting post-closure activities or post-closure activities and
corrective action at a facility."
(c) Permit Application and Updating Permit
Applications for Existing and New Hazardous Waste Management Facilities:
40 C.F.R.
124.3,
270.10 and
270.235 are hereby incorporated by
reference.
(d) Signatories to
Permit Applications and Reports:
40 C.F.R.
270.11 is hereby incorporated by
reference.
(e) Confidentiality of
Information: 40 C.F.R.
270.12(b) is hereby
incorporated by reference. (f) Interim Status:
40 C.F.R.
270.70-
270.73 are hereby incorporated by
reference.
(f) Interim Status: 40
C.F.R. 270 -.70 - 270.73 are hereby incorporated by reference.
(g) Contents of Part A:
40 C.F.R.
270.13 is hereby incorporated by
reference.
(4) Upon the
first receipt of an application for a Hazardous Waste Facility Permit, the
Director, within fifteen (15) days, shall provide to the government of the
county in which the facility is located or proposed to be located, to each city
government located wholly or partially within that county, and to the
government of each county and city having territorial boundaries within two
miles of the hazardous waste facility or proposed hazardous waste facility a
written notice indicating that an application has been received and describing
the hazardous waste activities the applicant proposes to conduct. Within a 30
day period after first receipt of such application, the Director shall also
publish in at least one local newspaper of general circulation in the county a
public notice that an application for a hazardous waste facility permit has
been received. A public hearing shall be held if such is requested in writing
within thirty (30) days after publication of notification and is requested by
twenty-five (25) or more persons who claim to be affected by the pending permit
application, by a governmental subdivision, or by an association having no
fewer than twenty-five (25) members. If requested, the public hearing shall be
conducted at the county seat of the county in which the hazardous waste
facility is proposed to be located. At least forty-five (45) days prior to the
date of the public hearing, the Director shall provide written notice to the
various local governmental subdivisions and other interested parties in the
locality in which the proposed facility may be located that a public hearing
has been requested, which written notice shall also include the date, time,
location and purpose of the public hearing. The date, time, location and
purpose of such public hearing shall be advertised in the legal organ of the
county in which the facility is proposed at least forty-five (45) days in
advance of the date set for the hearing. Such public hearings shall be held for
the purpose of receiving comments and suggestions concerning the location and
requirements for the operation of a hazardous waste facility. The Director
shall consider fully all written and oral submissions regarding the proposed
facility and the pending application.
(a)
Public Notice of Permit Actions and Public Comment Period:
40 C.F.R.
124.10 is hereby incorporated by
reference.
(b) Public Comments and
Request for Public Hearings: 40 C.F.R. 124.11 is hereby
incorporated by reference.
(c)
Public Hearings: 40 C.F.R.
124.12(a) is hereby
incorporated by reference.
(d)
Obligation to Raise Issues During Public Comment:
40 C.F.R.
124.13 is hereby incorporated by
reference.
(e) Reopening of the
Public Comment Period: 40
C.F.R. 124.14 is hereby incorporated by
reference.
(f) Issuance and
Effective Date of Permit: 40
C.F.R. 124.15 is hereby incorporated by
reference.
(h) The owner or operator of any hazardous
waste treatment, storage or disposal facility shall pay any costs or expenses
associated with public notices or notifications required by these rules
including, but not limited to, public notices or notifications relating to
permitting and closure activities.
(5) Issuance of Permit: A permit shall be
issued to an applicant on evidence satisfactory to the Director of compliance
with the provisions of the Act, any applicable standards or requirements and
these rules.
(a) Any permit shall contain such
terms and conditions, including conditions requiring corrective action beyond
the facility boundary, as are deemed necessary by the Director to protect the
environment and the health of humans, and the Director may require such testing
and construction supervision as he deems necessary to protect the environment
and the health of humans. Any permit issued subsequent to November 8, 1984,
shall contain conditions requiring corrective action for any releases into the
environment of hazardous waste or hazardous constituents at the facility
seeking a permit, regardless of the time at which waste was placed at such
facility.
(b) Conditions Applicable
to all Permits: 40 C.F.R.
270.30 is hereby incorporated by
reference.
(c) Establishing Permit
Conditions: 40 C.F.R.
270.32 is hereby incorporated by
reference.
(d) Schedules of
Compliance: 40 C.F.R.
270.33 is hereby incorporated by
reference.
(e) Requirements for
Recording and Reporting of Monitoring Results:
40 C.F.R.
270.31 is hereby incorporated by
reference.
(f) Effect of a Permit:
40 C.F.R.
270.4 is hereby incorporated by
reference.
(6) Denial of
Permit: In the event of denial of a permit application, the Director shall send
written notice of such action to the applicant and shall set forth in such
notice the reason for the action. The denial of any permit by the Director
shall become final unless a petition for hearing in accordance with O.C.G.A.
12-8-73 is filed.
(a)
40 C.F.R.
124.6(b) is hereby
incorporated by reference.
(b)
40 C.F.R.
270.29 is hereby incorporated by
reference.
(7)
Amendment, Modification, Revocation or Suspension of Permit:
(a) The Director may amend, modify, suspend
or revoke any permit issued for cause, including but not limited to the
following:
1. Violation of any condition or
provision of such permit or failure to comply with any final order of the
Director;
2. Failure to comply with
the Act or these rules;
3.
Obtaining a permit by misrepresentation or failure to disclose fully all
relevant facts; or
4. When the
permitted facility poses a threat to the environment or the health of
humans.
(b) In the event
of amendment, modification, suspension or revocation of any permit, the
Director shall serve written notice of such action on the permit holder and
shall set forth in such notice the reason for such action.
(8) Transfer
of Permits: Permits are not transferable from one person to another or from one
site or facility to another unless such transfer is approved by the Director.
(a)
40 C.F.R.
270.40 is hereby incorporated by
reference.
(9) Duration
of Permit: A permit shall be effective for a fixed term not to exceed 10 years.
(a) Each permit for a land disposal facility
shall be reviewed by the Director five years after the date of permit issuance
or reissuance and shall be modified as necessary to assure that the facility
continues to comply with the currently applicable requirements of these
rules.
(10) Special
Forms of Permits: 40 C.F.R.
270.60 -
270.63,
270.65,
270.66,
270.68 and
270.79 -
270.230, are hereby incorporated
by reference.
(11) Noncompliance
and Program Reporting by the Director:
40 C.F.R.
270.5 is hereby incorporated by
reference.
(12) Definitions
Applicable to RCRA Permits: Definitions of words or terms applicable to RCRA
permits as defined in 40
C.F.R. 270.2 are hereby incorporated by
reference.
(13)
References:
40
C.F.R. 270.6 is hereby incorporated by
reference.
Notes
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