Utah Admin. Code R315-270-1 - Hazardous Waste Permit Program - Purpose and Scope of This Rule
(a) No person shall own, construct, modify,
or operate any facility for treating, storing, or disposing of hazardous waste
without first submitting, and receiving the approval of the director for, a
hazardous waste permit for that facility. However, any person owning or
operating a facility on or before November 19, 1980, who has given timely
notification as required by Section 3010 of the Resource Conservation and
Recovery Act (RCRA) of 1976, 42 U.S.C., Section 6921, et seq.,
and who has submitted a proposed hazardous waste permit as required by Section
R315-270-1 and Section
19-6-108 for that facility, may
continue to operate that facility without violating Section
R315-270-1 until the permit is
approved or disapproved pursuant to Section
R315-270-1.
(b)
(1) The
director shall review each proposed hazardous waste permit application to
determine whether the application will be in accord with Rules R315-260 through
R315-266, R315-268, R315-270, and R315-273, and Section
19-6-108 and, on that basis, shall
approve or disapprove the application within the applicable time period
specified in Section
19-6-108. If, after the receipt of
plans, specifications, or other information required under Rule R315-270 and
Section 19-6-108 and within the applicable
time period of Section 19-6-108, the director determines that the proposed
construction, installation or establishment or any part of it will not be in
accord with the requirements of Rule R315-270 or other applicable rules, the
director shall issue an order prohibiting the construction, installation or
establishment of the proposal in whole or in part. The date of submission shall
be the date that the required information is provided to the director as
required by Rule R315-270.
(2) Any
permit application that does not meet the requirements of Rules R315-260
through R315-266, R315-268, R315-270, and R315-273 shall be disapproved within
the applicable time period specified in Section 19-6-108. If within the
applicable time period specified in Section 19-6-108 the director fails to
approve or disapprove the permit application or to request the submission of
any additional information or modification to the application, the application
may not be considered approved but the applicant may petition the director for
a decision or seek judicial relief requiring a decision of approval or
disapproval.
(3) An application for
approval of a hazardous waste permit consists of two parts, part A and part B.
For an existing facility, the requirement is satisfied by submitting only part
A of the application until the date the director sets for each individual
facility for submitting part B of the application, which date shall be in no
case less than six months after the director gives notice to a particular
facility that it shall submit part B of the application.
(c) Scope of the hazardous waste permit
requirement. Section 19-6-108 requires a permit for the "treatment," "storage,"
and "disposal" of any "hazardous waste" as identified or listed in Rule
R315-261. The terms "treatment," "storage," "disposal," and "hazardous waste"
are defined in Section
R315-270-2. Owners and operators
of hazardous waste management units shall have permits during the active life,
including the closure period, of the unit. Owners and operators of surface
impoundments, landfills, land treatment units, and waste pile units that
received waste after July 26, 1982, or that certified closure, in accordance
with Section R315-265-115, after January 26,
1983, shall have post-closure permits, unless they demonstrate closure by
removal or decontamination as provided under Subsections
R315-270-1(c)(5)
and R315-270-1(c)(6),
or get an enforceable document in lieu of a post-closure permit, as provided
under Subsection R315-270-1(c)(7).
If a post-closure permit is required, the permit shall address applicable Rule
R315-264 groundwater monitoring, unsaturated zone monitoring, corrective
action, and post-closure care requirements. The denial of a permit for the
active life of a hazardous waste management facility or unit does not affect
the requirement to get a post-closure permit under Section
R315-270-1.
(1) Specific inclusions. Owners and operators
of certain facilities require hazardous waste permits as well as permits under
other programs for certain aspects of the facility operation. Hazardous waste
permits are required for the following:
(i)
Injection wells that dispose of hazardous waste, and associated surface
facilities that treat, store or dispose of hazardous waste. However, the owner
and operator with a Utah or federal UIC permit, shall be considered to have a
"permit by rule" for the injection well itself if they comply with the
requirements of Subsection
R315-270-60(b).
(ii) Treatment, storage, or disposal of
hazardous waste at facilities requiring a National Pollutant Discharge
Elimination System (NPDES) permit. However, the owner and operator of a
publicly owned treatment works receiving hazardous waste shall be considered to
have a "permit by rule" for that waste if they comply with the requirements of
Subsection R315-270-60(c).
(2) Specific exclusions and exemptions. The
following are not required to get a hazardous waste permit.
(i) A generator who accumulates hazardous
waste on-site in compliance with the conditions for exemption provided in
Sections R315-262-14,
R315-262-15,
R315-262-16, and
R315-262-17.
(ii) A farmer who disposes of hazardous waste
pesticides from their own use as provided in Section
R315-262-70.
(iii) A person who owns or operates
facilities solely for the treatment, storage or disposal of hazardous waste
excluded from regulation under Rule R315-270 by Section
R315-261-4 or Section
R315-262-14, very small quantity
generator exemption.
(iv) An owner
or operator of totally enclosed treatment facilities as defined in Section
R315-260-10.
(v) An owner and operator of one or more
elementary neutralization units or wastewater treatment units as defined in
Section R315-260-10.
(vi) A transporter storing manifested
shipments of hazardous waste in containers meeting the requirements of Section
R315-262-30 at a transfer
facility for a period of ten days or less.
(vii) A person adding absorbent material to
waste in a container, as defined in Section
R315-260-10, and a person adding
waste to absorbent material in a container, these actions shall occur waste is
first placed in the container, and Subsection
R315-264-17(b)
and Sections R315-264-171 and
R315-264-172 are complied
with.
(viii) Universal waste
handlers and universal waste transporters, as defined in Section
R315-260-10, managing the wastes
listed in Subsections
R315-270-1(c)(2)(viii)(A)
through R315-270-1(c)(2)(viii)(E).
These handlers are subject to regulation under Rule R315-273 if handling the
following universal wastes:
(A) batteries as
described in Section R315-273-2;
(B) pesticides as described in Section
R315-273-3;
(C) mercury-containing equipment as described
in Section R315-273-4;
(D) lamps as described in Section
R315-273-5; and
(E) aerosol cans as described in Section
R315-273-6.
(ix) Reserved.
(3) Further exclusions.
(i) A person is not required to get a permit
for treatment or containment activities taken during immediate response to any
of the following situations:
(A) a discharge
of a hazardous waste;
(B) an
imminent and substantial threat of a discharge of hazardous waste; or
(C) a discharge of a material that, if
discharged, becomes a hazardous waste.
(ii) Any person who continues or initiates
hazardous waste treatment or containment activities after the immediate
response is over is subject to the applicable requirements of Rule R315-270 for
those activities.
(iii) In the case
of emergency responses involving military munitions, the responding military
emergency response specialist's organizational unit shall keep records for
three years identifying the dates of the response, the responsible persons
responding, the type and description of material addressed, and its
disposition.
(4) Permits
for less than an entire facility. The director may issue or deny a permit for
one or more units at a facility without simultaneously issuing or denying a
permit to each of the units at the facility. The interim status of any unit
that has not been issued or denied a permit is not affected by the issuance or
denial of a permit to any other unit at the facility.
(5) Closure by removal. Owners or operators
of surface impoundments, land treatment units, and waste piles closing by
removal or decontamination under Rule R315-265 standards shall get a
post-closure permit unless they can demonstrate to the director that the
closure met the standards for closure by removal or decontamination in Section
R315-264-228, Subsection
R315-264-280(e),
or Section R315-264-258, respectively. The
demonstration may be made in the following ways.
(i) If the owner or operator has submitted a
part B application for a post-closure permit, the owner or operator may request
a determination, based on information contained in the application, that Rule
R315-264 closure by removal standards were met. If the director believes that
Rule R315-264 standards were met, the director shall notify the public of this
proposed decision, allow for public comment, and reach a final determination
according to the procedures in Subsection
R315-270-1(c)(6).
(ii) If the owner or operator has not
submitted a part B application for a post-closure permit, the owner or operator
may petition the director for a determination that a post-closure permit is not
required because the closure met the applicable Rule R315-264 closure
standards.
(A) The petition shall include data
demonstrating that closure by removal or decontamination standards of Rule
R315-264 were met.
(B) The director
shall approve or deny the petition according to the procedures outlined in
Subsection R315-270-1(c)(6).
(6) Procedures for closure equivalency
determination.
(i) If a facility owner or
operator seeks an equivalency demonstration under Subsection
R315-270-1(c)(5),
the director shall provide the public, through a newspaper notice, the
opportunity to submit written comments on the information submitted by the
owner or operator within 30 days from the date of the notice. The director
shall also, in response to a request or at the director's discretion, hold a
public hearing when such a hearing might clarify one or more issues concerning
the equivalence of the Rule R315-265 closure to a Rule R315-264 closure. The
director shall give public notice of the hearing at least 30 days before it
occurs. Public notice of the hearing may be given when that notice of the
opportunity for the public to submit written comments is given, and the two
notices may be combined.
(ii) The
director shall determine whether the Rule R315-265 closure met the Rule
R315-264 closure by removal or decontamination requirements within 90 days of
its receipt. If the director finds that the closure did not meet the applicable
Rule R315-264 standards, the director shall provide the owner or operator with
a written statement of the reasons why the closure failed to meet Rule R315-264
standards. The owner or operator may submit additional information in support
of an equivalency demonstration within 30 days after receiving the written
statement. The director shall review any additional information submitted and
make a final determination within 60 days.
(iii) If the director determines that the
facility did not close in accordance with Rule R315-264 closure by removal
standards, the facility is subject to post-closure permitting
requirements.
(7)
Enforceable documents for post-closure care. At the discretion of the director,
an owner or operator may get, in lieu of a post-closure permit, an enforceable
document imposing the requirements of Section
R315-265-121. "Enforceable
document" means an order, a permit, or other document issued by the director
including a corrective action order issued by EPA under Section 3008(h), a
CERCLA remedial action, or a closure or post-closure permit.
Notes
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